HomeMy WebLinkAbout3.0 ResolutionRESO"LUTION TO SB - 35
Whereas, BEN E. CARNES has petitioned the Board of County Commissioners of
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 each
and one tract of 20 acres and more fully described as follows:
Tract 1: The NE1 of the SW4 of the NE1, Section 9, Township 7 South,
Range 89 West of the 6th P.M.
Tract 2: The. SE 4 of the SW1 of the NE1 , Section 9, Township 7 South,
Range 89 West of the 6th P.M.
Tract 3: The W of the SW14 of the N1i1/4„ Section 9, Township 7 South,
• Range 89 West of the 6th P.M.
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 _. -�y7772ef.9:-,4). } C :' ��. P. , seconded by
sand unanimously carried, said tracts of land are here-
by exempted from such definition and transfer of said tract may be made by division
Con't P.2
• 1
Resolution to SB - 35
P.2
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,
provided,'.. however, that this exemption is granted only upon the condition that
none of the above parcels of land be sold, transferred or conveyed until such
time as:
1. Petitioner drills a domestic water well or wells to serve the subject
property and that the well or wells be tested for potability by the
appropriate state authorities:
2. That petitioner have each site be approved by the county sanitarian
for septic tank and leech fields:
3. That any instrument of sale or conveyence will contain an easement
for road and utilities to each tract and that said instrument con-
tain a statement to the effect that maintenance of the road serving
the sites is not the responsibility of Garfield County and that said
road is to be maintained privately.
A copy of the instruments or instrument of conveyance, when recorded, shall be
filed with this resolution.
Dated this /7
Attest:
day of /22Q,ee, `" , 1975.
THE. BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By:
/41