HomeMy WebLinkAbout2.0 Resolution 81-19Sl'/\'fU Ol" COI '0r{/rl)O
County of Garfield 1,,
A RESOLUTION CONCERNED I'I]TH GRANTING AN EXEMPTION FROM THE GARFIELD
COT]MY SUBDIVISION REGUII,TIONS FOR HU}tsERT REES
WIIEREAS, Hr:mbert Rees has petitj-oned the Board of County f,6nrml55l6ners of
Garfield County, Colorado, for an exemption from the definition of the terms "subdivision"
and "subdivided land" trnder C.R.S. L973, 30-28-10I (10) (a)-(d), as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted January 2, L979, Sections
2.02.2L (d) and 3.02.01 for the division of a 693 acre tract described as follows:
. into 2 tracts of approximately 5.23 and 686.77 acres each, more or less,
which proposed divi<ie<i tract is more particularly described as follows:
A11'that part of the SIJ%SI{k of Section 5, T\up. 5 S., Range 93 I,1.,
lying North and East of the Right-of-way of Colorado State Hwy. 13.
(in the State of Colorado and County of Garfield); and
IIIIEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Comrissioirers of Garfield County, Colorado, that the proposed division does
not fal-1 within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes
L973, as auended, for the reason that the parcel is split by a public right-of-way and
the impact createC does not warrant a fu1] subdivision review; and
I,IIIEREAS, the Peti-tioner has demonstrated to the satisfaction of the Board of
County Conrrnissioners of Garfield County, Colorado, that there is a reasonable probability
.of locating donestic water on each of said tracts, that there is adequate ingress and
egress to said tracts, that the location of septic tanks will be perrnitted by the Colorado
Departrment of Flealth, that the requested division is not part of an existi-ng or Larger
development and does not fal1 within the general purposes and intent of the subdivision
regulations of the State of Colorado and the Cornty of Garfield, and should, therefore,
be exempted from the defini-tion of the terms "subdivision" and "subdivided 1and" as seE
forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as :mended,
NC[^I, TIIEREFoRE, BE IT RESoLVFD rhar'the division of the above described tractst'Attr'frorn the above described 693 acre tract i.s hereby exeupted from such defi-nitioos and
said tract may be divided into tract "A", all as is more fu1ly described above, and said
divided tract mny be conveyed in the form of such smaller traets without further eompli-
ance r.r'ith the aforesaid subdivision statutues and regulations; provided, however, that
this exemption is grant.ed on the condition and with the express'understanding and
agreement of the Petitioner that no further exemptions be allowed on said tract "At', and
that a copy of the instrtrment or instnments of conveyance shen recorded shall be f ileo
wlth this Resolution.
CO}O{ISSIONERS
COLORANO
coIIlifi
AITEST:c0L'lwr
uty C1 of;l{e Board \
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lgE BOARD OF
OF GARTIELD
Upoa aotioa duly_ made and__seconded the foregoing Resolution .eras adopted by tte follotving vote:Larry VelasguezFT5vEri"'J;""C;3;'i'6'ii "'-"'--'Av€ '
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Coamissioners
STATEOFCOLORADO
Courty ol Garfield f"
I ^-..-... ^l^-l- --l ^' ^ali;^ -t *t- -r.L^ D---l -..rJ _-j:.. e-._.:i!_iiuJ L.ciri a- _ia f;Aq gi va*., U!^lflnLS$Ui.gS
ln end for thc County and State aforesard do hcrcby certily that the annexed and foregoingMr is truly copicd from the Rec.ords of
thc Procceding of the Board of County Coramissioners for saii Garfield County, now in my oifiLr.
IX WITNESS UIHEREOF. I havc hereunto set my hand and affixed tle seel ol said County, at Glcnwood Spring,
A. D. 19
County Clerk and exofficio Clert d th€ Board of County Commissionerr"
LEASE AND OPTION TO PURCHASE
THIS LEASE AND OPTION AGREEMENT EN
day of September, 1980 brr and between C. HUM
called SeIler, and RICHARD E. I'OWLER .rrid ir,{I
after called Buyers, WITNESSETH:
tered into
BERT REES,
this
],ereiilEEI6r
NDrr,-!l\, rr!--.
1. In consideration of the payment of the rent and the
keeping of the covenants and agreements hereinafter set, forth,
Seller does hereby lease the following described premises situate
in the County of Garfield, State of Colorado, to-wit:
All that part of the SWLSWk of Section 5,
Twp. 5 S., Range 93 W., lYing North and
East of the Riqht-of-Way of Colorado State
Highway 13.
2. The Lease sha1l run from september L, 1980 through
January 15, 1981 at and for a rental. of $900.00 for the full term,
payable in monthly installments of $200.00 per month in advance
It t2L5 Colorado Avenue, Glenwood Springs, Colorado, without notice.
3. Buyers aqree to pay the rent as hereinabove provided;
to keep the premises in good order and condition and at the expiraO
tion of this Lease to surr:ender and deliver up said premises in as
good order and condition as when the sam'e were entered upon, loss
by ordinary wear excepted; to not sublet nor assign this Lease or
any interest therein without the written consent of Seller; to keep
the premises in a clean arrd neat condition; to not use the premises
for any purpose prohibited by the laws of the United States or the
State of Colorado, or ordinances of Garfield,County-
4. It is agreed by the parties that if the rent or any
part thereof shall be in ;rrrears or if default shall be mad,e in any
of the covenants or agreements herein by the Buyers, it shall and
may be lawful for the Se1ler to declare said teim ended and to enter
into said premises either with or without, process of law and to expel,
remove and. put out Buyers and to again repossess and enjoy said
premises.
5. Buyers agree at the end of said term to surrender
and deliver up said premises peaceably to said Seller and if Buyers
shal1 remain in possessio:r after t-ermination hereof , said Buyers
shall be deemed guilty of a forcible detainer of said premises and
shall be subject to eviction and removal with or without process
of law.
6. During the term of said Lease, Buyers shall be respon-
sible for any and all utilities that they provide. Buyers acknowledge
that there are presently no utilities on the premises and that Sel1er
will not provide any.
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