HomeMy WebLinkAbout1.0 ApplicationPETITION FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO:
Pursuant to C.R.S. 1973, 30-28-101(10)(d), Kenneth D
Elliott and Margaret T. Elliott respectfully petition the Board
County Commissioners of Garfield County, Colorado, to exempt by
Resolution from the definition of the terms "subdivision" and
"subdivided land," as set forth in C.R.S. 1973, 30-28-101(10)(d),
two parcels of land located in Garfield County, Colorado and
more particularly described as the North One-half of Lot 30, Block
9, Townsite of Cooperton and the South One-half of said Lot 30.
In support of this Petition the undersigned respectfully
submit:
1. Both parcels of land are owned by the said Elliotts
and they acquired the North One-half of said Lot 30
pursuant to a deed in 1965 which also conveyed Lots
31 and 32 in Block 9. The Elliotts acquired the
South One-half of said Lot 30 pursuant to a deed in
1961, said deed also conveyed Lots 17 through 29 of
said Block 9.
2. Both the North One-half and the South One-half of
said Lot 30 abut upon a dedicated public road and
electrical and water utility services are available
to both parcels.
3. For at least the last 14 years there has been a fence
separating the North One-half from the South One-half
of said Lot 30 and the North One-half has been enclo-
sed within a fence also surrounding Lots 31 and 3._
the South One-half has been enclosed within a fence
also surrounding Lots 17 through 29.
4. Lots 32, 31 and the North One-half of Lot 30 have con-
tained one residence and the South One-half of Lot 30
and Lots 17 through 29 have contained separate resi-
dence for the last 10 years.
5. Consequently the creation of different ownerships
in Parcels A and B is not within the purposes of Part
1 of Article 28 of Title 30, Colorado Revises Statutes,
1973.
WHEREFORE, the undersigned respectfully request that the
Board of County Conuaissioners of Garfield County, Colorado grant
to them an exemption to permit Elliotts to sell and convey the
North One-half of Lot 30 and to retain for their own use the
South One-half of said lot without the resulting division of such
parcels being considered as the creation of a "subdivision" or
"subdivided land."
Submitted at Glenwood Springs, Colorado this 22nd day of
September, 1975.
Address:
0038 Pine Street - Sutank
Carbondale, Colorado 81623
enneth.
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Marg�aret T. Elliott
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A.
RESOLUTION TO SB - 35
WHEREAS, Kenneth D. Elliott and Margaret T. Elliott have
petitioned the Board of County Commissioners of Garfield County,
Colorado, for an exemption under C.R.S. 1973, 30-28-101(10)(d)
for the division of one tract into two tracts and more particu-
larly described as follows:
North One-half of Lot 30, Block 9,
Townsite of Cooperton, and
South One-half of Lot 30, Block 9,
Townsite of Cooperton.
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 re -sale into
single-family residential acreage, and
WHEREAS, petitioners have demonstrated to the satisfaction
of the Board that there is a reasonable probability of locating
domestic water on each of said tracts, that there is adequate
ingress and egress to said tracts, that the location of septic
tanks will be permitted by the Colorado Department of Health,
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 the said division
will actually restrict the density of housing within said area and
should therefore be exempted from the definition of the terms
"subdivision" and "subdivided land" as set forth in C.R.S. 1973,
30-28-101(10)(d).
NOW, THEREFORE, upon motion of
seconded by and unanimously car-
ried, said tract of land is hereby exempted from such definition
and transfer of said tract may be made by division into two tracts,
all as is more fully described in the petition pertaining hereto.
A copy of the instrument or instruments of conveyance when re-
corded shall be filed with this Resolution.
Dated this day of September, 1975.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
ATTEST: