HomeMy WebLinkAbout1.0 Applicationo a
RESOLUTION TO SB . 35
WHEREAS, Patrick M. Fitzgerald and Marilyn A. Fitzgerald have petitioned the
Board of County Conmissioners of Garfield County, Colorado, for an exemption
under C.R.S. 106-2-33 (3) (d) (1963 as amended) for the division of a 43 acre
tract into 3, that is, one tract of 23 acres and two l0 acre tracts' mOre 0r
less, and more particularly described as shown on the attached plat.
WHEREAS, the Petitioners have shown to the satjsfaction of the Board of
County Conmissioners of Garfield County, Colorado, that they desire said
exemption for the purpose of re-sale into single-family residential acreage, and
WHEREAS, petitioner has 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 Co'lorado 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 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. 106-2-33
(3) (d) (.l963 as amended);
NOt'l, THEREF0RE, uPon motion of . seconded by
and unanimous'ly carried, said 43 acre tract of land is
hereby exempted from such definition and transfer of said tract may be made
by subdivision into 2 tracts of l0 and one tract of 23 acresr ltlol"€ or iess, al'l as is
more fully described in the Petition pertaining hereto. A copy of the instrument
or instruments of conveyance when recorded shall be filed with this Reso'lution.
Dated this dqy of . 19
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Attest:
By
o o
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTIONS
Pursuant to C.R.S.106-2-33 (3) (d) (.l963), as amended, the undersigned,
PATRICK M. FITZGERALD and MARILYN A. FITZGERALD respectfully petition the
Board of County Commissioners of Garfield County, Colorado, to exempt by
Resolution one ('l) parcel of land, more fully herein described, and for
the reasons set forth herein.
2
Petitioners are the owners of a tract of land in Garfield County,
Colorado, as shown on the attached plat.
Explanation of justification of request:
A. The tract of land consists of two tracts of l0 acres and one tract
of 23 acres, more or less, and granting of this request will be a
move toward less density than the area is zoned for. (Zoned for
(__
B. Domestic water wells have been drilled with no problem in the area.
Petitioner has an adjudicated 33 ga1lon per minute well as shown on the
attached plat. If buyers of the 3 tracts cannot successfully find at
least 10 gallons per minute of water at 200 feet depth then petitioner
will pipe water to their tracts.
C. Sanitation--Septic tanks have been approved on either side of the
subject tract.
D. Access--The 23 acre tract borders the county road. The 10 acre tracts
will have a deeded access 60 feet in width as shown on the attached plat.
Part of this access is a'lready built as shown on the plat. Petitioner
will build the remainder of the road before sale of the tracts.
E. Telephone and Electricity--Both utilities border the northern part of
subject property
F. Protective Covenants--Since petitioner lives next to subiect tract,
he has an interest in the orderly growth of the area. Strict protective
covenants will be put on the property. See attached covenants.
Contt
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Petition for Exemptions
Page 2
1e_7i .
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 /5''of
)
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PROTECTIVE COVENANTS & DEED RESTRICTIONS
1 The following words shall have the following meanings as used herein,
to wi t:
(a) Property:The land conveyed from Patrick M. Fitzgera'ld to
located in Section 9 and 10
Iwp. / 5., R. 89 L.l., 6th P.M., compris ing approximately acres.
(b)Lot or buildinq site: The land that is the sub ject hereof.
2. The property shall not be resubdivided.
3. The property is intended to be developed for single family residentia'l
purposes only. No more than one detached s i ngl e fami'ly dwel 'l i ng s ha1 I be
erected upon any one building site, except private garage. Said accessory
building shall blend with and compliment the general architectural scheme
and design of the family dwel1ing. No buildinq or structure intended for
or adapted.to business, commercial' or manufacturing purposes, nor any
multiple family dwe1ling, shall be erected, placed, maintained, or per-
mitted upon such property.
4, Architectural Control and Site Approval: The nature, style, construction
and general layout of any residence to be constructed shall be submitted
to Patrick M. Fitzgera'ld for his approval. Also, the site and location
of said residence shall be subject to same approval.
5. No structures of any sort, on any lot, shall be constructed closer than
twenty-five (2S) feet to any side lot line or closer than fifty (50) feet
from any front lot line. Also, no hedges or fence shall be constructed,
grown or maintained on any lot in the subdivision higher than 4l.z feet,
or trees higher than 25 feet in height, but this restriction shall not
apply to any natural growth within the area or to patio fences in connection
wi th dwel'l i ngs .
6. No structure of a temporary character, trailer, basement, tent, shack,
garage, barn, or any other outbuildings of any description shall be used
on any 1ot.
7. There shall not be permitted or maintained upon any lot or any part thereof,
any trade, business or industry, except that owners may rent or'lease for
residential purposes, when not required for owner's use.
8. The minimum size of any house erected shall not be less than 1200 square
feet measured on the outside walls not including porches, garages, or
carports.
9. Each residence sha'll contain at least one fu11y equ'ipped bathroom and all
sewage shall be disposed of by means of an individual mechan'ical sewage treat-
ment facility and leach field as shall be approved by the Colorado State
Health Department and local health agencies having jurisdjction thereof.
No tract shall be used in any manner or for any purpose that would tend to
pollute nearby streams or other sources of water.
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Con't
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Protective Covenants & Deed Restrictions
Page 2
10. The keeping of livestock, poultry, goats and other animals shall be pro-hibited, except that this restriction shall not app'ly to family pets anda maximum of two horses per tract of 5 acres, provided that said animals
are wel] kept and provided for and do not become a health hazard or a
nuisance to the neighborhood.
Il. No noxious or offensive conduct or activity shall be carried on upon anytract or in any structure thereon which may constitute a health hazard,
nuisance or annoyance to the neighborhood.
12, The outside burning of any trash, rubbish or other materials shall beabsglutely-prohibited. Standard and approved barbeques and fireplacesshall be a1'lowed for the preparation of foodstuffs on1y.
13. No gas lines, Iight and power lines, telephone lines or television cablesshall be permitted unless said lines are buried underground and out ofsight from their primary source at the lot line to the dwelling and at the
owner's expense. Any butane or propane tanks used to service residencesshall be installed underground.
14. The owner of any lot shall complete construction of any structure thereon
within one (l) year after commencement.
15. The owner of any lot shall keep the same clear and free of rubbish and
trash and shall keep the structures thereon in good repair, doing such
maintenance as may be required for this purpose.
16. No bui'lding shall be placed upon the property herein by means of other
than new construction; it befng the purpose of the covenant to unsurethat old buildings wi'11 not be moved from previous locations and p'laced
upon property.
17. No structure shall be placed upon any lot which is, or ever has been, or
could be made the subject of a specific ownership tax as now defined in
Chapter l3 of the Colorado Revised Statutes, .l963.
18. llo billboards, signs, or other advert'ising devices of any nature shall be
erected, placed, maintained or permitted upon the property provided thatthis restriction shall not be construed to prevent appropriate name and
address signs and signs that advertise the pr:operty for sale or rent
insofar as it is necessary to promote the sale and development of such
property.
19 . No hunti ng, shooti ng, trappi ng or othert'ri se ki 1 1 i ng or harmi ng of wi I d-life shall be permitted--it being the intent hereof to conserve and pro-
tect all wildlife to the fullest extent possible.
20, No structure shal] be placed or located on an.y lot in such a manner thatwill obstruct, divert or othenvise alter the natural water drainage
courses and patterns. Likewise, no landscaping or changes to the existingterrain shall be made which shall obstruct, divert or othen,lise alter such
drai nage.
21. The existing foliage and vegetation on each lot shal'l be preserved in as
near a natural state as possible. To this end, the same shall not be
removed further than twenty feet from the foundation lines of any structure
and only to the extent necessary to insta'll driveways, sidewalks and
sewage disposal facilities.
Con't
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22
Protective Covenants & Deed Restrictions
Page 3
23.
Easements and rights of way in perpetuity are hereby reserved for theerection, construction, maintenancb and operation oi wires, cabl.r, pipe,conduits and-apparatus for the transmissibn of electrical iument, tele-phone, television and radio lines and for the furnisning oi rii"rr gdS,sewer service, or for the furnishing of other utility pirposei, togeil,irwith the riglt to enter for the pur[ose of installing,'maintiinlng"Jrd-improving.sai{ ,,tilities.along,.across, upon ana tf,.orgr}-a iirip of iandten feet in width along the entire uounaai^y of the p.operiv.- ih tn.
:y:ll-lll! t!: propertv- is resubdivided, eisements ind'r.is-rrts of way ashereinafter stated shall be reserved along a1l fnterior t6t lines t-he samebeing ten feet in width on each side of eich such lot line.
These covenants are to run with the land and shall be binding upon allparties and al'l persons claimi!9 under them until Januiry-l,"tgbt, utwhich time said covenants shall be automatically extended for successiveperiods of.ten (to) years, unress by vote reflelted br;ign.a do.rmentsduly recorded by the majority of thL then owners, it'is-agi.ea-lo changesaid covenants in whole or part.
If any lot owner or persons acting by, through or under him should violateor-attempt to violate any of the covenants herein stated, it shall be'law-ful for any lot owner or any other person to whose benefit these covenantsextend to prosecute any suit in law or in equity to restrain and enjointhe violation of such covenants and to recover damages for such violationsand to recover al I costs and attorney fees necessar! to enforce the pro-visions of these covenants.
The inva'lidation o{_any one of these covenants by judgement or court ordershall in no wise effect any of the other provisi-oni, itrich shall remain infull force and effect.
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