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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and
3.02.01, the undersigned ALAN A. STOREY
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution an approximately 6.8 acre
parcel situated in Section 33, T7S, R87W of the 6th P.M.
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land" as the terms are used and defined in C.R.S. (1973)
Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
1. The property is zoned Agricultural/Residential/Rural Density
allowing 2 acre parcels.
2. Water service is assured from the existing 55 gpm commercial
well on the site if individual well permits can not be ac-
quired for the other two lots.
3. A single common drive will provide access into Highway 133
for all three lots.
Submitted at Glenwood Springs, Colorado, this day
of , 19
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EXHIBIT "A"
A tract of land situated in Lot 7 and Lot 13, Section
33, Township 7 South, Range 87 West of the 6th P.M.
described as beginning at a point in the existing
Northerly right-of-way fence line of Colorado State
Highway No. 82, whence the Southeast corner of Section
33, T. 7 S., R. 87 W. of the 6th P.M. bears S. 61°10'17.35"
E. a distance of 4,317.22 feet; thence N. 72°10'02" W.
a distance of 1,585.345 feet along the existing Northerly
right-of-way fence line of Colorado State Highway No.
82; thence N. 17°49' E. a distance of 285.22 feet to
the existing fence line; thence S. 82°37'15" E. a
distance of 1,446.352 feet along the above fence line
to the Northwest corner of the lands described in
Reception No. 235358 in the records of the Garfield
County, Colorado, Clerk and Recorder; thence S. 1°15' W.
a distance of 571.41 feet along the West line of the
land described in the above Reception No. 235358, to
the point of beginning.
Excepting therefrom, however, all the following described
property: Tract in Lot 7 and Lot 13, Section 33,
Township 7 South, Range 87 West of the 6th P.M. described
as beginning at a point in the existing Northerly
right-of-way fence line of State Highway No. 82 whence
the Southeast corner of Section 33, Township 7 South,
Range 87 West of the 6th P.M. bears S. 62°35'16" E. a
distance of 4,948.19 feet; thence N. 72°10'02" W. a
distance of 944.115 feet along said Northerly right -of
way fence line; thence N. 17°49' E. a distance of
285.22 feet to the existing fence line; thence S. 82°
37'15" E. a distance of 904.63 feet along the existing
fence line; thence S. 10°54'2 " W. a distance of 452.66
feet to the point of beginning.
County of Garfield
State of Colorado
AND INCLUDING, but without any warranty whatsoever, all water
and water rights, ditches and ditch rights, wells and well
rights appurtenant thereto, including specifically but without
limitation the following: 0.625 cubic feet of water per second
of time out of the Patterson and Cummings Ditch in Water District
No. 5, formerly known as District No. 36, being allocated out
of Priority No. 210AAA and out of Priority No. 605 adjudicated
to said Ditch, and 0.11 cubic feet per second of time out of
the Moffett Well of which the State Engineer's No. is 30828.
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ALAN A.STOIeEY
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RESTRICTIVE COVENANTS FOR THE
MARTHA E. MOFFETT PROPERTY
1. No noxious or offensive activity shall be carried on upon
said real property, nor any part thereof, nor anything done
thereon which may be, or may become, an annoyance to the
neighborhood.
2. No structure of a temporary nature, tent, garage, barn
or other outbuilding or basement shall be used on any site
at any time as a residence, either temporarily or permanently.
Trailer houses or mobile homes will be permitted during the
actual construction period, not to exceed six months,
provided that sanitary facilities are provided, and further,
that such trailers or mobile homes shall be removed within
ten days after construction has been completed.
3. No building shall be placed on any site by means of other
than now construction, it being the intent and purpose of this
covenant to assure that old houses and other buildings will
not be moved from previous locations and placed on said
building sites.
4. No site shall be used or maintained as a dumping ground for
rubbish or storage area for junk. Trash, garbage and other
waste shall be kept in sanitary containers. All incinerators
or other equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition.
5. Said property shall not be used for industrial purposes nor
for any business generally classified as heavy commercial
such as a livestock sales barn, garage or filling station,
trailer court, motel, restaurant, bar, liquor store, lumber
yard, and similar businesses; provided, however, that this
condition shall not prevent the operation of a business
generally classified as light commercial such as a plant
and tree nursery, or greenhouse.
6. The above restrictions shall be and continue in force for
a period of 10 years from the date hereof. (i.e. October
27, 1969)