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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COMM COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTIONS Pursuant to C.R.S. 106-2-33 (3) (d) (1963), as amended, the undersigned, Harry E. Williams 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 SE 4 of the NW 1 of Section w, 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 watersupply. 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 w:de 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. Tx/ Dated at Glenwuod Springs, Colorado, this day of 1975. ADDITIONAL FACTS PETITION FOR EXEMPTIONS I. ACCESS A. As shown,on the attached plat, the subject property has a 60 foot wide right of way leading from the subject proper ty to the Four Mile County Road. The grade on this road does not exceed 9% and part of this road is presently being kept open during the winter by adjoining property owners with no difficulty whatsoever. B. Restrictions will be placed on sale of property such that this road not be the responsibility of the County Coiiiiuissioners• unless property owners bring the road to complete county specifications and then petition to have the road accepted under Garfield County standards. II. AVAILABILITY OF TELEPHONE AND ELECTRICITY A. Telephone and Electric lines are presently into the property as shown on the attached plat. III. DOMESTIC WATER A. Numerous wells have been drilled in the area and there appears to be no problem in striking water at a reasonable depth. B. Prior to any sale of the property, petitioner will drill a water well on the property, and upon striking water, will have the water analyzed by the appropriate state authorities so as to determine •its potability. C. As part of any conveyance, petitioner will agree to provide water to any tract of land sold. IV. PROVISIONS FOR SEWAGE DISPOSAL V1. Thi. area surrounJing petitioners property has from time to time been approved for septic tanLs and leach fields. Petitioner will have appro- priate perculation tests conducted by the county sanitation officer, and petitioner hereby.agrees to convey no land until the county sanitation officer approves perculation tests and engineering of sewage disposal. V. PROTECTIVE COVENANTS A. Protective covenants for the petitioners property or deed restrictions will be attached to each deed of conveyance as follows: 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 wi 1 l . 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 he preserved on each lot as nearly as possible. Foliage and vegetation shall he removed only to the extent necessary to construct dwellings, driveways, sidewalks and sewage and utility facilities. Con't f Additional Facts: Petition for ..xemptions Page Two h. These covenants and restrictions are to -run ► iith the land and shall be binding upon al 1 parties i.nd 11 persons claiming Udder thein 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 any other 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. GARFIELD COUNTY PLANNING DEPARTMENT GLENW❑❑D SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-6212 October 16, 1975 Board of County Commissioners Garfield County Courthouse Glenwood Springs, Colorado 81601 Re: Senate Bill 35 Exemption Harry Williams Gentlemen: The above request for exemption is located in the same general vicinity and the Pat Fitzgerald request and the Ben Carnes request for exemption which was granted on March 17, 1975. The geologic conditions outlined in the letter pertaining to the Pat Fitzgerald request apply to this property as well. Approval of this request for exemption would be acceptable to this department in keeping the density of future residential development in this vicinity to 10 and 20 acre lots. I feel, to permit any smaller lots, or subsequent resubdivisions of the exempted properties without involving the subdivision regulations would insure present and future homeowners in this area with major erosion and foundation problems. The provision of utilities, water and sewer would not present a problem in this area. A $90.00 fee must be filed for the processing of this application. I would recommend approval of the exemption. RAW/ka y Sincerely, rki Robert A. Witkowski Director Resolution to 513 - 3 P. 2 intothree 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 petitiun pertaining hereto, previded, hwever, that this exemption is granted only upor; the condition that none of the above parcels of land be sold, traw,forred cr conveyed until such time as: 1. Petition2r drills a domestle water yell or walls to serve the subject property and that the wel 1 or wells be tested for potability by the approdri atc state authorities: 2. That petitioner have each sfte be approved by the conty sanitarian for scptic tank and leach fields: 3. That anytinstrumnt of s or conveyance will contain an easement for raA and utilities to each tract and that said instryent con- tain a statem2nt to the effect that mainte.nanfte of the road set.ving the sites is not the responsibility of Garfield Cewity tnd tLat said , road is to be maintained privately. A copy of the instruments or instrument of conveyance, when recorded, shall ba filed. with this resolution. 01 7) - Dated this t- av - _ -:/ Attest; 1975. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO. B : • • RESOLUilON TO SB - 35 Whereas, Harry E. Williams has petitioned. the Board of G)unty Commissionc:rs of Garfield Coun'cy, Colorado, for an eroi,tion under C.R.S. 106-2-3,3 (3) (d) (1963 as amended) for the- division Qf a .ff) acre tract into two tracts of 10 E!.1c1 one tract of 20acres and rri: fully described as follos; cos each Tract 1: NE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 17:Ent of the 6th P.M. Tract 2: SF 1/4 of tho SE 4 of the NW 4, !":ioction 9, Torich Ran 89 WoYc of the Gth P.M. Tract 3: W of the SE 1/4 of the NW 4, Soction 9, Township 7 South, Re89 West of the Gth P,M, Wherns, the Potitiona's hae shwn to the satisfaction of the Board o7 County - CorfAissionJ:rs of Garfield County, Colorado, that they dosi -)id exemption for the pi .oso of res:;,le into single fally residential a.crei .„ and Whereas, the Petitioners hav,:f km/:n.;trated to the satisf'action of the. Board thit there is a rcaenable probAility of locating domestic watr on o.ach of said triv;t nd ht there is adequate ingress and egress to said tracts, and that the location of septic: tanks will heperl;litted by tho Colorade Pcpartnicnt of Health, and that thc requested division i in accordJnoe with the general purposes and intent of the subdivision regulations of the State of Colorado and County of Garfield, that said division. will actually rstrict th:7. density of housik within said arca and therefore choui d be exezpted from the: dfinition of subdiviio and "subdivided land" Us set forth in C.R.S. 106-2-33 (3) (d) (1963 os amended), eX 42 n4 ,c 0 0 t 6\ '1r' LT0 o pke.. s ()._ CA fl c_ 6 0 ru.4) Chu) 1-1141- a (A, (7))‘,"Q-‘2 vV1(1' 11-N1, ) CF--CA,a .1.') n 0 1.1( It 1SQ yc, h P(27i- e:1-3 (_\t NOW, THEREFORE, upon motion of /- /%7/1---i---771/ , seconded by Ffi C iL, ift • and unanimously carried, said tracts of land are hereby exempted from such' definition and transfer of said trac • may be made by division Con't 11. 2 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, Harry E. Williams 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 SE 4 of the NW 4 of Section w, 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. r/i4 Dated at Glenwood Springs, Colorado, this Alp day o 1.75. ADDITIONAL FACTS PETITION FOR EXEMPTIONS I. ACCESS A. As shown on the attached plat, the subject property has a 60 foot wide right of way leading from the subject property to the Four Mile County Road. The grade on this road does not exceed 9% and part of this road is presently being kept open during the winter by adjoining property owners with no difficulty whatsoever. B. Restrictions will be placed on sale of property such that this road not be the responsibility of the County Commissioners unless property owners bring the road to complete county specifications and then petition to have the road accepted under Garfield County standards. II. AVAILABILITY OF TELEPHONE AND ELECTRICITY A. Telephone and Electric lines are presently into the property as shown on the attached plat. III. DOMESTIC WATER A. Numerous wells have been drilled in the area and there appears to be no problem in striking water at a reasonable depth. B. Prior to any sale of the property, petitioner will drill a water well on the property, and upon striking water, will have the water analyzed by the appropriate state authorities so as to determine its potability. C. As part of any conveyance, petitioner will agree to provide water to any tract of land sold. IV. PROVISIONS FOR SEWAGE DISPOSAL A. The area surrounding petitioners property has from time to time been approved for septic tanks and leach fields. Petitioner will have appro- priate perculation tests conducted by the county sanitation officer, and petitioner hereby agrees to convey no land until the county sanitation officer approves perculation tests and engineering of sewage disposal. V. PROTECTIVE COVENANTS A. Protective covenants for the petitioners property or deed restrictions will be attached to each deed of conveyance as follows: 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. Con't • • Additional Facts: Petition for Exemptions Page Two 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 any other 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. • • RESOLUTION TO SB - 35 Whereas, Harry E. Williams 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: NE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 2: SE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 3: W z of the SE 4 of the NW 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 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 hereby exempted from such definition and transfer of said tract may be made by division Con't P. 2 ��I 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 leach fields: 3. That any instrument of sale or conveyance 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 Attest: day of , 1975. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: • 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, Harry E. Williams 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 SE 4 of the NW 4 of Section w, 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 /(o day o , 1975. ADDITIONAL FACTS PETITION FOR EXEMPTIONS I. ACCESS A. As shown on the attached plat, the subject property has a 60 foot wide right of way leading from the subject property to the Four Mile County Road. The grade on this road does not exceed 9% and part of this road is presently being kept open during the winter by adjoining property owners with no difficulty whatsoever. B. Restrictions will be placed on sale of property such that this road not be the responsibility of the County Commissioners unless property owners bring the road to complete county specifications and then petition to have the road accepted under Garfield County standards. II. AVAILABILITY OF TELEPHONE AND ELECTRICITY A. Telephone and Electric lines are presently into the property as shown on the attached plat. III. DOMESTIC WATER A. Numerous wells have been drilled in the area and there appears to be no problem in striking water at a reasonable depth. B. Prior to any sale of the property, petitioner will drill a water well on the property, and upon striking water, will have the water analyzed by the appropriate state authorities so as to determine its potability. C. As part of any conveyance, petitioner will agree to provide water to any tract of land sold. IV. PROVISIONS FOR SEWAGE DISPOSAL A. The area surrounding petitioners property has from time to time been approved for septic tanks and leach fields. Petitioner will have appro- priate perculation tests conducted by the county sanitation officer, and petitioner hereby agrees to convey no land until the county sanitation officer approves perculation tests and engineering of sewage disposal. V. PROTECTIVE COVENANTS A. Protective covenants for the petitioners property or deed restrictions will be attached to each deed of conveyance as follows: 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. Con't • • Additional Facts: Petition for Exemptions Page Two 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 any other 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. • • RESOLUTION TO SB - 35 Whereas, Harry E. Williams 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: NE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 2: SE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 3: W 2 of the SE 4 of the NW 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 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 hereby exempted from such definition and transfer of said tract may be made by division Con't P. 2 • • 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 leach fields: 3. That any instrument of sale or conveyance will contain an easement for mad 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 Attest: day of , 1975. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: • • 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, Harry E. Williams 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 SE 4 of the NW 4 of Section w, 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. ADDITIONAL FACTS PETITION FOR EXEMPTIONS I. ACCESS A. As shown on the attached plat, the subject property has a 60 foot wide right of way leading from the subject property to the Four Mile County Road. The grade on this road does not exceed 9% and part of this road is presently being kept open during the winter by adjoining property owners with no difficulty whatsoever. B. Restrictions will be placed on sale of property such that this road not be the responsibility of the County Commissioners unless property owners bring the road to complete county specifications and then petition to have the road accepted under Garfield County standards. II. AVAILABILITY OF TELEPHONE AND ELECTRICITY A. Telephone and Electric lines are presently into the property as shown on the attached plat. III. DOMESTIC WATER A. Numerous wells have been drilled in the area and there appears to be no problem in striking water at a reasonable depth. B. Prior to any sale of the property, petitioner will drill a water well on the property, and upon striking water, will have the water analyzed by the appropriate state authorities so as to determine its potability. C. As part of any conveyance, petitioner will agree to provide water to any tract of land sold. IV. PROVISIONS FOR SEWAGE DISPOSAL A. The area surrounding petitioners property has from time to time been approved for septic tanks and leach fields. Petitioner will have appro- priate perculation tests conducted by the county sanitation officer, and petitioner hereby agrees to convey no land until the county sanitation officer approves perculation tests and engineering of sewage disposal. V. PROTECTIVE COVENANTS A. Protective covenants for the petitioners property or deed restrictions will be attached to each deed of conveyance as follows: 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. Con't • • Additional Facts: Petition for Exemptions Page Two 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 any other 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. • • RESOLUTION TO SB - 35 Whereas, Harry E. Williams 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: NE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 2: SE 4 of the SE 4 of the NW 4, Section 9, Township 7 South, Range 89 West of the 6th P.M. Tract 3: W 2 of the SE 4 of the NW 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 there is a reasonable probability of locating tracts and that there is location of septic tanks adequate ingress and will be permitted by and that the requested division is in intent of the subdivision regulations Garfield, and that said division will the satisfaction of the Board that domestic water on each of said egress to said tracts, and that the the Colorado Department of Health, accordance with the general purposes and of the State of Colorado and County of 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 hereby 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 leach fields: 3. That any instrument of sale or conveyance 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 Attest: day of , 1975. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: