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RESOLUTION TO SB - 35
l.lHEREAS, Patrick M. Fitzgerald and Mari'lyn A. Fitzgerald have petitioned the
Board of County Conmjssioners of Garfield County, Colorado, for an exemption
under C.R.S. .l06-2-33 (3) (d) (.l963) as amended for the djv'is'ion of a 23 acre
tract jnto 2 tracts of approximately eleven and one-half acres per tract, more
or less and more particularily described and shown on the attached p1at.
WHEREAS, the Petitioners have shown to the satisfaction of the Board of County
Conrnissioners of Garfield County, Colorado, that they desjre said exempt'ion for
the purpose of re-sale into single-family residential acreage, and
l.lHEREAS, Petitioners demonstrated to the satjsfaction of the Board that there
is a reasonable probability of locating domest'ic 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 div'isjon'is in accordance with the general purposes and jntent of the
subdivjsjon regulations of the State of Colorado and the County of Garfield and
that said djv'ision will actually restrict the density of housing within said
area and should therefore be exempted from the definjtion of the terms "subdivision"
and "subdivided land" as set forth in c.R.S. .l06-2-33 (3) (d) (ts0:; as amended;
NOl,l, THEREF0RE, upon motion of seconded by
and unanimously carried, said 23 acre tract js
hereby exempted from such definition and transfer of said tract may be made by
subdivision into 2 tracts of eleven and one-half acres more or 1ess, all as is
more fully described in the petition perta'ining hereto. A copy of the jnstrument
or instruments of conveyance when recorded shall be filed wjth this Resolution.
This exemption is granted upon spec'ifjc conditjon that al1 agreements and covenants
set forth in the Petition be complied wjth.
Dated this day of I 978.
THE BOARD OF COUNTY COMMiSSIONERS
OF GARFIELD COUNTY, COLORADO
Attes t:
By
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTIONS
Pursuant to C.R.S. .l06-2-33 (3) (d) (.l963), as amended, the undersigned,
PATRICK M. FITZGERALD and MARILYN A. FITZGERALD respectfully petitjon the
Board of County Conmissioners of Garfield County, Colorado, to exempt by
Resolution one (l) parcel of land, more fu1ly herein described, and for
the reasons set forth herein.
1. Petitjoners are the owners of a tract of land in Garfield County,
Colorado, as shown on the attached p1at.
2. Explanat'ion of justi f icat'ion of request:
A. Under petition for exemption and RESOLUTI0N T0 SB 35 dated September,
17, 1974, Fitzgerald was given permiss'ion to sell the adjo'in'ing
ten acres, shown on the attached p'lat,.
B. Short'ly thereafter, F'itzgera'ld sold said ten-acre tract to Austin
L. Heuschkel.
C. Recently Heuschkel has requested that Fitzgerald sell approximately
half of the adjoining twenty-three acres to Heuschkel. Said sale
would take place with the spec'ific understanding that the two parcels
would merge and become one.
3. Utilities:
A. Domestic Water--Several water wells have been drilled 'in the inme-
diate area with no problem. Also, two springs arise upon the subject
property.
B. Sanitation--Sept'ic tanks have been approved by the County Sanitarian
on tracts of land jnrnediately bordering the subject property.
C. Telephone and Electricity--Both telephone and electricity border the
subject property.
D. Access--The subject property borders County Road No. ll7 (Four M'i1e
Road). Further, access is also available from a private road extended
to the property from the "Black Djamond Mine Road".
4. Protective Covenants--The same strict Protective Covenants as presented
with the original petition will apply to the new tract of land and a
copy of these covenants are attached. It should be noted that no further
subdivision of the land is allowed under the covenants.
Con' t
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Petition for Exemptions
Page 2
Dated at Glernvood Springs, CoIorado, this
1 978.
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5. A copy of the deed of conveyance wi'll be filed with the Petition and
the Resolution when said conveyance occurs, if the exemption is granted.
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