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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTIONS Pursuant to C.R.S. 106-2-33 (3) (d) (1963), as amended, the undersigned, Ben E. Carnes petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution 3 parcels, more fully described herein, and for the reasons set forth herein. 1. Petitioner is the owner of a tract of land in Garfield County, Colorado, described as follows: The SW14 of the NE1 of Section 9, Township 7 South, Range 89 West, of the 6th P.M. containing 40 acres, more or less. 2. Explanation of reasons justifying request: A. Domestic water supply. As explained in the attached outline, permits for domestic water wells have been granted in the surrounding area and neighboring property owners have had no trouble finding water at depths from 125 to 175 feet. Petitioner proposes to drill a domestic water well to serve the properties that are the subject of this petition. No property would be sold until a water well permit was issued, a well drilled and water tested by the appropriate state authorities. B. Sanitation system. The area surrounding petitioners property has gen- erally been found to be satisfactory for septic tanks and leach fields. The petitioner proposes that no land be sold until county sanitation authorities have approved sites for septic tanks and leach fields. C. Access. The subject property has direct access to the Four Mile County road by way of a gravel surfaced, 16 foot wide private road. Petitioner has an easement 60 feet in width, that is, 30 feet either side of the center line of this road, and will grant an easement with the property along this road. Any deed of conveyance will contain a statement to the effect that the private road is not the responsibility of Garfield County under any circumstances, and that said road is to be maintained by property owners. 3. A copy of the deed of conveyance will be filed with the Petition and the Resolution if the exemption is granted. Dated at Glenwood Springs, Colorado, this day of , 1975. h. These covenants and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2000. At that time, said covenants shall be auto- matically extended for successive 10 year periods unless otherwise changed by vote of the then majority of tract owners. i. If any tract owner or persons acting for them should violate or attempt to violate any of the covenants herein stated, it shall be lawful for adjoining tract owners or anyother person or persons thereby affected to prosecute any suit in law or in equity to re- strain and enjoin the violation of said covenants and to recover damages for such violations and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. 1 THIS DEED, Made this 191 ., between BEN E. CARNES day of of the County of \ : _ o-- and State of Colorado, of the first part, and TOM H. COLLINSON of the County of Garfield 111 RECORDER'S STAMP and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of TEN 00/00 DOLLARS, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in, joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfi el d and State of Colorado, to wit: S1/2E1/2SW4NE4f Section 9, Township 7 S., Range 89 West of the 6th P.M. containing 10 acres, more or less, together with a nonexclusive easement for access, road and utility purposes, said easement being 60 feet in width, that is, 30 feet either side of the center line of the existing road as shown on Exhibit A. Seller also reserves the right to use said easement for access to the remainder of his property and other adjoining or nearby property in Sections 5 & 8 of said Township. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for h i m sel f his heirs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever., EXCEPT, those easements, restrictions, protective covenants and any prior mineral reservations of public record and 1975 taxes payable in 1976 and all subsequent taxes and special assessments and deed restrictions in Exhibit B. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, againstall and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF the said party of the first part ha S hereunto set h 1 S hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of \WV4-54a }ss. The foregoing instrument was acknowledged before me this 195 ,by Ben E. Carnes. My commission expires , 19 (1i;f'. 13, 197!) r" . Ben E. Carnes [SEAL] [SEAL] [SEAL] o t�" day of . Witness my hand and official seal. No. 921. WARRANTY DEED To Joint Tenants. —Bradford 'Publishing Co., 1824.46 Stout Street, Denver, Colorado (678.6011)--8.76 EXHIBIT B - PROTECTIVE COVENANTS AND DEED RESTRICTIONS a. Resubdivision. No tract of land may be resubdivided into smaller tracts of land. b. No tract'of land may be used for any purpose other than single family residential uses. c. No mobile homes or trailers shall be used at any time in any manner on said tracts of land. d. Any residence' constructed on subject property shall be at least 1200 square feet in area. Area shall be measured on the first floor of the outside foundation, exclusive of porches, garages and car ports. e. No livestock, poultry or goats shall be kept, other than, one horse or cow .per five acres. Any such livestock must be kept and maintained so as not to become a public nuisance. Any property owner keeping dogs as pets must securely pen or restrain by a leash said animal so that it may not roam throughout the area at will. f. The owner of any tract shall complete construction of any structure erected on that tract within one year of commencement of construction., g. Existing foliage shall be preserved on each lot as nearly as possible. Foliage and vegetation shall be removed only to the extent necessary to construct dwellings, driveways, sidewalks and sewage and utility facilities. h. These covenants and restrictions are to run with the land and shall be binding upon'all parties and all persons claiming under them until January 1, 2000. At that time, said covenants shall be auto- . matically extended for successive 10 year periods unless otherwise changed by vote of the then majority of tract owners. i. If any tract owner or persons acting for them should violate or attempt to violate any of the covenants herein stated, it shall be lawful for adjoining tract owners or anyother person or persons thereby affected to prosecute any suit in law or in equity to re- strain and enjoin the violation of said covenants and to recover damages for such violations andto recover all costs and attorney fees necessary to enforce the provisions of these covenants. • RESOLUTION TO SB - 35 Whereas, BEN E. CARNES has petitioned the Board of County Commissioners of 0 Garfield County, Colorado for an exemption under C.R.S. 106-2-33 (3) (d) (1963 as amended) for the division of a 40 acre tract into two tracts of 10 acres and one tract of 20 acres and more fully described as follows: Tract 1: The NE4 of the SW4 of the NE4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 2: The SE4 of the SW4 of the NE14, Range 89 West of the 6th P.M. Tract 3: The WZ of the SW4 of the NE4, Range 89 West of the 6th P.M. Section 9, Section 9, Township 7 South, Township 7 South, each Whereas, the Petitioners have shown to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of resale into single family residential acreage, and Whereas, the Petitioners have demonstrated to the satisfaction of the Board that there is a reasonable probability of locating domestic water on each of said tracts and that there is adequate ingress and egress to said tracts, and that the location of septic tanks will be permitted by the Colorado Department of Health, and that the requested division 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 said division will actually restrict the density of housing within said area and therefore should be exempted from the definition of subdivision and "subdivided land" as set forth in C.R.S. 106-2-33 (3) (d) (1963 as amended). NOW, THEREFORE, upon motion of , seconded by and unanimously carried, said tracts of land are here- by exempted from such definition and transfer of said tract may be made by division into three tracts, that is, 1 tract of 20 acres and 2 tracts of 10 acres each, more or less, all as is more fully described in the petition pertaining hereto. A copy of the instruments or instrument of conveyance when recorded shall be filed with this resolution. Dated this day of , 1975. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Attest: By: