HomeMy WebLinkAbout3.0 ResolutionRESOLUTION
WHEREAS, Mark H. Bearwald and Cecilia Ann Bearwald have
petitioned the Board of County Commissioners of Garfield
County, Colorado, for an exemption pursuant to C.R.S. 1973,
30-28-101(10)(d) and the Subdivision Regulations of Garfield
County, Colorado, adopted 1 September, 1972, Sections 1.02.17(d)
and 3.02.01, for the exemption of a tract of land containing
11.85 acres, more or less, out of the NW 1/4 SE 1/4 of Section
23, Township 7 South, Range 88 West, more particularly des-
cribed as follows:
A parcel of land situated in the NW 1/4 SE 1/4 of Section
23, Township 7 South, Range 88 West of the Sixth Principal
Meridian, lying Southerly of the centerline of a 60 foot
road easement, Westerly of the Easterly line of said
NW 1/4 SE 1/4 and Northerly of the Southerly line of
said NW 1/4 SE 1/4, said parcel of land is described as
follows:
Beginning at a point on the Easterly line of said
NW 1/4 SE 1/4 said point being in the center of said 60
foot road easement whence the East Quarter Corner of
said Section 23 bears: N. 74°01'16" E. 1276.93 feet;
thence S. O1°19'49" E. along the Easterly line of said
NW 1/4 SE 1/4, 954.95 feet to the Southeast Corner of
said NW 1/4 SE 1/4; thence N. 89°21'04" W. 736.74thence
feet
along the Southerly line of said NW 1/4 SE 1/
N. 08°30'00" W. 168.00 feet; thence N. 20°00'00" E.
564.55 feet to a point in the center of said 60 foot road
easement; thence along the centerline of said road ease-
ment 44.88 feet along the arc of a curve to the left,
having a radius of 75.49 feet, the chord of which bears:
S. 88°20'54" E. 44.22 feet; thence N. 74°37'10" E. 336.82
feet; thence 116.18 feet along the arc of a curve to the
left, having a radius of 188.71 feet, the chord of which
bears N. 56°58'54" E. 114.36 feet; thence N. 39°20'38" E.
128.42 feet to a point on the Easterly line of said
NW 1/4 SE 1/4, the point of beginning.
The above described parcel of land contains 11.85 acres,
or less.
WHEREAS, the petitioners have shown to the satisfaction
of the Board of County Commissioners of Garfield County, Colorado
that they desire such exemption for the purpose of resale of
such tract for single family residential purposes and for such
other uses as are allowed by the Garfield County Zoning Regu-
lations, and
WHEREAS, petitioners have demonstrated to the satisfaction
of the board that a water well*has been located on the tract
which is adequate to supply the tract for residential purposes,
and that there is adequate ingress and egress to the tract,
that electric power supply is available, that the tract has
a septic tank and drywell installed, and that the requested
exemption is in accordance with the general purposes and intent
of the Subdivision Regulations of the State of Colorado and
the County of Garfield, and that such division will actually
restrict the density of housing within such area, and should
therefore be exempted from the definition of the term "Sub --
division" and "subdivided land" as set forth in C.R.S. 1973,
30-28-101(10)(d) and the Subdivision Regulations of Garfield
County, Colorado, adopted 1 September, 1972, Sections 1.01.17(d)
and 3.02.01.
NOW, THEREFORE, upon motion of Pete Mattivi
seconded by Flaven Cerise , and unanimously carried,
the tract herein above described is hereby exempted from such
definitions and the transfer of the tract may be made separately
by conveyance, all as more fully described in the Petition per-
taining hereto, provided that Mark H. Bearwald and Cecilia
Ann Bearwald by their acceptance of this resolution and the
conveyance of the property herein exempted agree that any and
all previous exemptions granted by this board with respect
to the property which is the subject matter of this resolution
are void, vacated and of no effect.
A copy of the instrument of conveyance when executed and
recorded shall be filed with this Resolution.
Dated this
Colorado.
27thday of May, 1975, at Glenwood Springs,
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
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Commissioner
Comnys loner
ommiSsioner