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HomeMy WebLinkAbout1.0 ApplicationFLEMING SUBDIVISION SKETCH PLAN SUBMITTAL I. PREFACE The following constitutes the Sketch Plan for the Fleming Sub-division. This material is submitted as required by Section 4.01 - Sketch Plan Requirenents - of the Garfield County Subdivision Regu-lations, adopted January 2, 1979. The land totals approximately 79,632 sq. ft. and is located on Highway 6 and 24 tn the unincorporated area of "West Glenwood'springsr'. The land is zoned Commercial Limited (C/L). The proposed subdivision consists of two lots. Lot One contains 15,000 sq. ft. Lot Two contains 64,632 sq. ft. Both lots are pro- posed to contain retail commercial establishments - uses by right un- der the existing zoning of the land. This submittal also contains a Request for Exemp!!-on from further review and regulation under the provisions of Section 3.02.01 of the Garfield County Subdivision Regulations, adopted January 2, tgTg (see Section XV and Exhibit J). For this reason and to further aid in the review of the proposed subdivision, certain additional information has been incorporated in the Sketch Plan and in the following mater- ia1. II. OI,IINER AND SUBDIVIDER A. W. Fleming and Company, and Sarah F. Fleming P. O. Box 1"029 Glenwood Springs, Colorado A Partnership 81601 III. F]RM PREPARING SUBMITTAL Moffatt Dakan Guy Associates Architects and Planners 1315 Grand Avenue Glenwood Springs, IV. O}NERS OF ADJACENT LAND See Exhibit C. V. ACCESS The land is bordered by by a new north-south County the west State Highway 6 and 24 on the south Road, presently under construction, Colorado P. C. 81601" and on -1- VI. DMINSGE The land is essentially flat and slopes gently to the south in the direction of the highway. Existing ltor* drainage facilities consist of an open drainage swale and a concrete catchment serving a steel culvert (see Sketch Plan). It is proposed that these exist- ing facilities, along with a new drainage swale at the west side of the property, will accommodate surface runoff from the drives and parking areas. Roof runoff will be designed to enter the ground sur- face at landscaped areas. VII. GRADING There exists no unusual topographic or slope condition requiring specific mitigation. Development of the site in normal fashion will not create grading or drainage problems to adjacent 1and. VIII. FIRE PROTECTION The land Exhibit D). served by the existing fire l"s An Glenwood Springs Fire District (see hydrant is located within 160 feet. IX.DOMESTIC WATER The land is within the West Glenwood Springs Water District, which will provide domestic water (see Exhibit E). Connection will be to an existing B inch main at the north edge of the property. X. WASTEIVATER TREATMENT The land is within the West Glenwood Springs Sanitation District, which will provide sewer service (see Exhibit F). Connection will be to an existing 12 inch nain at the south edge of the property. XI. ELECTRICITY The land is within the Glenwood Springs Electric System service area, which will provide electrical service (see Exhibit G). Con- nection will be to existing powerlines at the north edge of the prop- erty. XII. NATURAL GAS The land is within the Rocky Mountain Natural vice area, which will provide natural gas service Connection will be to an existing 3 inch nain at the property. Gas Company ser- (see Exhibit H). the south edge of -2- t XIII. TELEPTIONE The land is within the Mountain BelI provide telephone service (see Exhibit I) existing facilities located somewhere in determined by Mountain Be11. service area, which will . Connection will be to West Glenwood Springs as XIV. PUBLIC II{PROVEMENTS A11 necessary utilities exist to the perimeters of the 1and. These utility services are all adequately sized to accommodate the proposed uses of the two lots. Two electrical power poles, one 1o- cated interior to the site, the other located within the r.o.w. of the new county road, will need to be relocated to the north proper- ty line. The location of all the other service lines is adequate for normal extension and connection. Right-of-way has been given for the new county road to the west of the property (see Sketch Plan and Exhibit B - Title Policy). This road is currently under construction by Garfield County. Further im- provements, such as curbs and gutters, can take place by agreement with Garfield County or as adjacent properties are developed. Driveway culverts will be sized and placed in accordance with State Highway Department and Garfield County standards and specifi- cations. xv. REQUEST FoR EXEMPTIoN Refer to attached letter requesting exemption. The request is sought because of the proposed subdivision being smal1 in area (79,632 sq. ft.), being situated in an already develop- ed area, having all necessary utilities in existence, and being twolots with no internal public improvements. Further, the proposed lots will utilize existing state and county roads for access. -3- ) S Date: January 26, 1981 Applicant:A. WAYNE FLEI\IING AND SAMH F. FLEMING Address of Appl j cant: P.0. BOx 1029, G_LENI\IOOD SPRINGS. C0L0MD0 81601 Specia'l Use: MultiPIe tenan!of Lot #2 Flemine Sub- division. A11 office/retail comrnercial uses. APPL PECIAL ION PERM o ITICAT I.ISE Legal D'is cri Pti on :See attached Sketch Plan Submittal Req ui remen ts : l. Plans and speci fications for proposed use' ?. Letters of a[[rovii f.o* utility'companies, sewage and water'' Road access and other information deemed necessary' 3. A vicin'ity ma[ Jii*n to scale depicting the subiect property, location and use of Uuitaings and structures on adjacent lots' 4. Nanres of owners of record of such lots. I',lotice containing informat'ion descriUed unJer paragraoh 5 shall be ma1led to all owners of record of lots adiacent at leist'five (5) days prior to hearjng by certified return s. [3i?l3t,13]L;,ns the name or the applicant, desription of the subiect lot,- ; i.iiription of the proposea ipeciit use_ind the tjme and place for the hearing if,atl be gju.n in the newspaper.gf.genera'l circulatjon'in that portion of the-County at 1"uit iirt.Ln (.l5)"days prior to such hearing time' Applicant shall borne the cost of advert'isjng' 6. A'fee,of twenty-five dollars($25.00) shall be charged for each application and shal I be s ubnl'i tted wi th the appl i cat'ion ' This special use Permit'is jn compliance with Sections 4.03 and 7.03 of the Garfieid County Zoning Resolutjon and as per appficat"ion. List al1 property ol{ners within 200 feet of subiect property ljnes' Attach map show'ing a1f improvements (present and proposed) and,a1'l pertinent di stances uno arei. Show' al I 'inrproveinents on your property and adioi n'ing property withjn 200 feet of your boundary' The above jnformat"ion 'is correct to the best of my knowlege' Proof Mai I Fee of Publ icat'ion Rece'ipts Special Use Spec i a'l Us e Reason for Granted Den'ied eu6, r/z/r/ Deni al By: Cha i rman BOARD OF COUNTY GARFIELD COUNTY, COMMI SS I ONERS COLORADO STATEMENT OF O}IT{ERSHIP The undersigned, A. Wayne Fleming and Sarah F. Flening, hereby certify that they are the owners, in fee simple, of all the real property covered by this Application for Subdivision, which property is described as follows: A11 of the real property annexed hereto as Exhibit rtBrr. Dated this 2lo-lA day of Jl.UtlleV , 1981. a 1z*^:7.2 A. Wayne Fleming State of Colorado )) ss. County of Garfield) The foregoing was acknowledged before me this Zl,otX day of JISUfAV , 1981, by A. Wayne Fleming and Sarah F. F 1 eming . Witness my hand and official seal. My commission expires: VrAPC.tf 22,1n83 F 1 eming EXHIBIT A " '"r'''triI t"rrr",, , t. (;:: .,,- . S .'. -.":..""' .l i; -:,,'2..'.'.:-.;'''-.!-1_J-,,. ,s +liioti h i t 1..i' .,,2, a .] i '-i--q'-';- i "' = =0, *..P L, n ,lS .io -i , ,i,ji..:;.:.; . ALTA Owner's P rlrcv - Fornr B - Arrrerilde(l lO 17 70 POLICY OF TITLE INSURANCE ISSUED BY S'l'' f \\ri\ [t- 'I.'[' I 1' L F] it GUARANTY COl}IPANY SUBJECT TO THE EXCLUSIONS FROI\I COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPL'LATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Conrpany, insrrres, as of Date of Policy shown in Schedule A, aqainst loss or danrage, not exceeding the amoLlnt of insurance stated in Schedule A, and costs, attornevs' fees and expenses r,vhich the Company may lrecome obliqated to pay hereunder, sustained or incurred by the insured by reasolr of : l. Title to the estdte or irrtercst t.lescribed in Schcclule A being vested olherwise than as stated therein; 2. Any defect in or lien or encunrbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of strch title lN WITNESS \VHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized olficers as of Date of Policy shown in Schedule A. Countersigned: , EXCLUSIONS FROM COVEBAGE The follorrving matters are cxpressly excluded frorn the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limiled io building and zoning ordinances) restricting or regulating or prohit)iting the occupancy, use or enioyment of the land, or regulating the character, drmensions or location of any improvement now or hereafter erected on the land, or prohibiling a separalion in ownershrp or a reduction in the dimensrons or area of the land, or the efrect of any vrolation of any strch law, ordinance or governmental regulatron. 2. Rrghts of eminent cJomain or governmenral rights of police power unless notice of the exercise of such rights appears in the public' records at Date of Policy. 3. Defects, liens, encumbrances. adverse claims, or other matters (a) created, suf{ered, assurrred or agreed to by the insured claimant, (b} not known to the Company and not shown by the ptrl:lrc records but known to the insured claimant eilher at Date of Policy or at thedate such clarmanl acqurred an estate or interesl insured by this policy and not rlrsclosed in uvriting by the insured claimant to the Company prior to the dale such insured claimant became an insured hereunder; {c} resultrng in no loss or damage to the insured claimant; (d) attaching or created sul)sequent to Dale o{ Policy; or (e} resulting in loss or darnage whrch would not have been sustained if lhe insured clainlant had paid value for the estate or interest insured by lhis polrcy. Paqe I ot nPolicy Serial No. v FlLr-I_BIa ! H 'l' ll \l'.\ la'l' 'r'r't' L E (;I-ANA:VTY Cf)MI'ANY --? ,-ba*{o"- Vt**,a a .i ;,^: '' ..!.' , i':1.; ,,r1 ),:i'il r,ii'li )f: r lr-i,' {iii i 1 ,t'F,:, ',[ ^:.tr+. ) .Vl; .c4; r , : i,:ii,i! > r lr.u.' .i.lr. ::t Authorized Cou ntersignature_ 001 il 'il1.: 1 1r : :t'1lti l.tl1I i.;li.) I:1. , li l', '.: t. ' rlt'' -tt r i ",,1 1.\ l.:l : r1Y,'ra'-1 l":?i*"yIra"lr-\i;i. t9o8..:3.,s 1J'1;.].;.1'. ",."----:_ E x ^:,,1',"'.,//2tt ilt tt . CONDITIONS AND 1. DEFINITION OF TERMS The following terms when trsetl irt this lrolicy rrteatr: (a) "insurecl": the insured ttamed irr Sclreclule A, and, subject to any rights or defenses the Conrparry nray have against the nanred insured, those who succeecl to the interest of such insured by operation oI lrrw as clistinquislred fronr Jrurchase includrng, br-rt not linrited to, heirs, cJis' tributees,'devisees, survivors, persorral representattves, next of kin, or corporate or f iduciary successors, (b) "insured claimant": an insured clainring loss or damage hereunder. (c) "knowleclgle": acttral knor,vleclcle, not constrLlctive knowledge or rrotice which may be imprrted to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, ancl irrprovements af f ixed thereto whiclr by law constitute real proper.ty; provided, however, the term "land" does not inciutle any property beyond the lines of tlre area specifically described or referrecl to in Schedule A, nor any rioht, title, interest, estate or easetnetrt in abutting streets, roads, avenues. alleys, lanes, rvays or waterways, br,rt nothing herein shall rnodify or linrit the extenl to which a right of access to and frorl the land is insured by this policy. (e) "mortgage": mortgage, cleed of tr ust, trLrst deed, or o,1-la,- 5ssu rity instrument. (f) "public records": those records vrl'tich lty l;:w impart constructive notice of nratters relatin-q to said land. 2. CONTINUATION OF INSURANCE AFTER CON. VEYANCE OF TITLE The coverage of this policy shall contintre in force as of Date of Policy in favor of an insured so lon-r1 as such insurert retains an estate or interest in the lattrl, or holds arr indebtedness secured try a purchase nroney r-t-rortgaqe given i-ry a purchaser from such insurecl, or so long as such instrrer,l shall have liability by reason of covenants of vrarranty marle by such insured in any transfer ot ,;611vgr,'611ce o{ such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser frorn such insured of either said estate or interest or the indebteclness secured by a purchase money mortgage given to such i nsu red. 3. OEFENSE AND PROSECUTION OF ACT]ONS_ NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost ancl without undue delay, shall provide for the defense of an insurecl in all litigation consisting of actions or proceedinqs commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its estate or interest in said land, to the extent that such litigation is founded Lrpon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notif y the Comparry promptly in writing (i) in case any action or proccedinq is lteqtrn or rJefense is interpose(l as set forth in (a) allove, (ii) in case knowledge shall come to an rrrsured hereuntler of arry clarrn ol title or interest which rs arlverse lo the iltle to the ristat(.' STIPULATIONS or rnterest as insurecl, arrd which might cause loss or damage for which tlre Cornpany rnay be liable by virtue of this polrcy or, (iii) if trtle to the estate or interest, as insured, is rojected as Lrnmarketable. lf such pronrpt notice shall not be given to the Corn;lany, then as td such insured all liability of thc Cornparry shall cease ancl terminate irr regard to the nratter or nritlers for which sr.tch promltt notice is requiretl; provirletl, however, that failure to notify shall in no case prejuclice the rights of any sr.rch insured under this pol icy urriess the Company shall be prejudiced by such failure ar-rd iherr only to the extent of such pre.judice. (c) I'ht: Compar.ry shall have the right at its own cost tc institute arrrl witlroLrt rrndrre delay prosecute any action or l)roceodirrq or to do arry other act which irr its opinion may be rrecessary or desirable to establish the title to the estate or interesl as insured, arrcl the Company may take any appropriate actron under the terms of this policy, whether or not it shall [-le lrable thereunder, and shall not thereby conce'de lialrility or \!arve any provision of this policy. (d) \,Vhenever the Company shall have brought any action or interposed a defense as required or permitted by the provisrorrs of tlris policy, the Conrpany may pursue any such litiqatiorr to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (e) ln all cases ,.vhere this policy permits or requires the Conrpany to prosecLrte or provicle for the defense of any action or proceerling, the insured hereunder shall secure to the Corrrpany the riilht to so prosecute or provide defense in srrch action or proceedir-rg, and all appeals therein, arrcl perrnit the Company to use, at its option, the nanre of srrch insured for sLrch purpose. Whenever requested by tlre Cornpany, such insr-rred shall give the Company all reasonalrle aid in arry such action or proceeding, in eff ecting settlement, securing evirlence, obtaining witnesses, or pros- ecutin(l qr rleferrrling such action or proceeding, and the Cornpany shall reiml-rurse suclr insured for any expense so i ncu rred. 4. NOTICE OF LOSS - LIMITATION OF ACTION ln adciition to the notices required under paragraph 3(b) of these Conrlitions anci Stipulations, a statement in writing o{ arry loss or damage lor which it is claimed the Company is liable under this policy shall be furnished to the Comparry within 90 days after such loss or rJamage shall have been deterrninerl and no right of action shall accrue to an insured clairnant until 30 days af ter such statement shall have beerr furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR CLAIMS OTHERWISE SETTLE The Conrpany shall have the option to pay or otherwise settle for or in the narre of an insured claimant any claim instrrecl against or to terrninate all liability and obligations of the ConrJlarry herer-rnrler by paying or tendering payment oI tlte arnoutrt of insurance unrJer this tlolicy toqether with any costs, atlornr.,ys'iees anrl expenses inr:urred up to the time of sur-h payrnenl or lender of paynrent, by the insured clairn;rrrt anrl atrtlrorrzerl by rhe Conrpany. I ALIA OWNER'S POI-ICY Amcnc,ed lO/l l/7O SCHEDULE A Order No.: 1696 Policy No.:g-433429 Date of Policy: SEPTEMBER .l7, lgB0 AT 4:45 0'cL0cK Amount of lnsurance: 6249,000.00 P . t',1. 1. Narne of lnsured:4.14. FLEMING AND CgMpANy AS T0 UNDIVIDED SNE-HALF INTEREST and SARAH F. FLEMING AS TO UNDIVIDED ONE-HALF INTEREST 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SINPLE 3. The estate or interest referred to herein is at Date of Policy vested in: A. I'/. FLTI,IING AND CO. AS TO AN UNDIVIDED ONE.HALF INTEREST AND SARAH F. FLEMING AS TO AN UNDIVIDED ONE.HALF INTERIST 4. The land referred to in this policy is described as follows: A parcel of land sjtuated in the NE%SE-'a of Section 6, Township 6 South, i?ange 89 t^lest of the 6th P.M. 1y'ing norther)y of the northerly right-of- way line of 0ld U. S. Highway No. 6 and 24 (Present'ly I-70 Access Road), descri bed as fol Iows: Beginning at an iron post with a brass cap properly marked for the South- east Corner of Section 34, Torvnship 5 South, Range 89 l,lest of the 6th P.M.; thence S. 32'45'00" lJ. 1756.13 feet to a point on the northerly right-of-wayline of sajd U.S. H'ighway; thence N. 87"23'00" W. 739.57 feet along the northerly right-of-way line ofsaid U.S. Highway to the True Point of Beginning; thence N. 87"23'00" l,J. 279.23 feet along the northerly right-of-way 'line of sai d U. S. Hi ghr^ray; thence N. 0i'40'00" E.312.00 feet to a point on the southerly line of thatparcel of land described in said Document N0.265593; thence S. 87"23'00" E. 279.23 feet along the southerly line of that parcelof land described in said Document Number; thence S. 01'40'00" lnl. 312.00 feet to a point on the northerly right-of-wayof said U.S. Highway, the True Point of Beginn'ing. COUNTY OF GARFIELD STATE OF COLOMDO s'l' l,; \l'.\ l{'l' 'l' I '1. L l.: i;l'lllaVIV,.ivi.r\\coDi. oo'l 2 Page 2 I/ SCHEDULE B Policy No.: 0-433428 this policy does rrot insure against loss or rianrage by roason of the following: ' 1. Bights or clairrs of ir.rrties irr possr:ssion not !hor,vn by llre 1:ublic records. 2. Easerr.rents, or Li.tiirrS oi cASCrrrilnts, lr()l sltorvtt [rv tlte Jlrrblic recorrJ:i. .--,,,-i... i ...i., .,i,-i l1.c:,.-'i ;ir .,t tlrr. rtrCr.iS.,c r\'..,.tlal ali{Clr.,itt .lr.i.l t,.,!:iCi, fr-t ,'.-'1', 51r,1',r.n il'r' iilC ., .1.i. - .'.i,t,' r'. l: I r1 I ,l '1 rl. 'r: 1l'r\.rt rlt, i,,i il. i" '''''::1. '.' "' L ;,'f-r-'' f'':: {i'i i- t'' ' '; '-.'"'l ..t. . '. .r';..i ll l' 1, r"" ' \' l 'r ')': " | \' .r. 5. Taxes for the year l9B0 and thereafter. 6. The effect of inclusion fn any general or specific waten conservancy, fire protectfon, soil conservation or other district or inc'lusion in any water service or street inrprovement area. 7. Right of the proprietor of a vein or lode to extract and remove h'is ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved'in United States Patent recorded February 26, 1894, in Book 12 at page 298. B. Right of way for ditches or canals constructed by the authority of the United States as reserved in Un'ited States Patent recorded February .l894, in Book 12 at page 298. 9. Easement and right of r/ray being 24 feet in wjdth along the west sjde of subject property for road purposes as reserved and excepted'in Deed recorded January 24, 1950'in Book 248 at page 156 as Reception llo. 173563. '10. Easement for cistern and pipeline as set forth'in document recorded January 2, 195f in Book 256 at page 139 as Reception No. 174680. (Copy attached) N0TE: Said easement appears to be an easement appurtenant to the subiect property. s'l' l.: \\'.\ I I'l' 'l'I'l'I .1.: l r I r'I I , lti r i*.F -..-" 6. DETERMINATION AND PAYMENT OF LOSS (s) The liability of the Company under this policy shall in no case exceed the least of: (i) ttre actual loss of the insured claimant; or (ii) the amount of insttrance stated in Schedule A, (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in Iitigation carried on by the Corlpany for such insured, and all costs, attorneys'fees and expenses in litigation carried on by such insured with thc written authorization of the Company. (c) When liability has been clefirritely fixecl in accorcl- ance rvith the conditions of this policy, the loss or damage shall be payable within 30 clays thereaf ter. 7. LIMITATION OF LIABILITY No claim shall arise or be tlaintainable r.rnder this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insr.r ted against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as instrred, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jr,rrisdiction, and dist.rosition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce tlre amount of the insurance pro tanto. No payrnent shall lre made rvithout producing this policy for entlorselnent of such payment unless the policy l:e lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisf action of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the arnount of insurance under this policy shall be reduced by any anrount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by tlris policy, or (b) a mbrtgage herealter executed by an insured which is a charge or lien on the estate or interest descril:ed or referred to in Schedule A, and the amount so paid shall be deemecl a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT lI the land describecl in Scheclule A consists of two or more J:arcels which are not used as a sinqle site, and a lcrss is r,statrlished affecting one or more of said parcels lrut not all, the lr.lss shall be computed and seltled on a pro rata lrasis as Valrd Only ll Schedules A and B are Altached. if the anrount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made sr,rbseqr.rent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insurecl at tlre tirne of the issuance of this policy and shown by an express statement herein or by an endorsemen t attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE. MENT Whenever the Company shall have settled a clairn under this policy, all right of subrogation shall vest in the Cornparry unaf fected by any act of the insured claimant. The Cornpany shall be sr-rbrogated to and be entitled to all rights and rernedies which such insured claimant would have hacl against any person or property in respect to such claim had this policy not been issued, and if requested by the Conrpany, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of sr-rbrogation and shall permit the Company to use the name of such insr.rred claimant in any transaction or litigation involving such rights or remedies. lf the payrnent does not cover the loss of such insured claimant, the Company shall tre subrogaied to sr-rch rights and remedies in the proportion rr.,hich said payment bears to the amount of said loss. lf loss should result f rom any act of such insured claimant, such act shall 'rot void this policy, but the Company, in that event, shall be required to pay only that part of any losses insr-rred against hereunder which shall exceed the antount, if any, lost to the Company by reason of the impairment of the riqht of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This ir,strumcnt together with all endorsements and other irrstruments, if any, attached hereto by the Company is the entire policy and contract between the insured and tlte Comparry Any clairn of loss or damage, whether or not based on negligence, and lvhich arises out of the status of the title to the estrti; or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amenrlnrcnt of or endorsement to this policy can be made except by writrng endorsed hereon or attached hereto signed try either the President, a Vice Piesident, the Secretary, an Assistant Secretary, or validating officer or authorizecl signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be acidressed to it at its main office, P. O. Box 2029, Houston, Texas 7700'l . 14. The prenrium specified in Schedule A is the entire charge {or acceptance of risk. lt includes charges for title search and examination if same is customary or rerluired to tre shown in the state in which the policy is isrr-r ed. s'l' l.; \l-^\ li'l' 'l' I 'l' L I.: (;l .ilatvrY ( (rvl'\\l ( 2 I SCALE:1 lll:400 FT 8 1)Carl [J. Sehl Gloria Jean Thompson P.O. Box 1118 Glenwood Springs, CO 81601 G. M. Conpany P .0 . Box 5542T'A Denver, C0 80217 Richard A. Sherriff P.0. Box 11108 Aspen, C0 81.611 Roaring Fork School District RE-1 School District 0ffice 1405 Grand Avenue Glenwood Springs, CO 81601 Phyllis Bosco P.0. Box 728 Glenwoocl Springs, C0 81601 S&S PartnershiP c/o Klaus Schattleiver P.0. Box 1045 Glenwood Springs, C0 81601 Massland Prop. CorP. 2B2B N. Haskell Dai las, TX 75204 Colorado State l.lighwaY DePt. District Construction Engineer 0279 City Road 164 Clenwood Springs, C0 81601 EXI]I BIT C 2) 3) 4) s) 6) 7) 8) L.P. ZANCANELLA, Chief VIC ROSA, Asst.Chlef MARTIN ZEMLOCK, Captaln JACK MITCHELL, Secy. Treaa. MIKE FATTOR, Lleut. Member of Colorado State Firemon's Agsoclatlon Box 2O43 GLENWOOD SPRINGS, COLORADO 81 601 Jan. 25, 1981 A.W. Flemming. Box l-O29 Glenwood Sprgs. Dear Sir: Refernce you Commercial Sub Division plot in west Glenwood: At your request I have reviewed the fire protection available on your property. There is an existing fire plug located at the west side of the 7-11 store that is capable of serving your building proiect. A11 building construction should be of fird class 1. Glenwood Springs Fire f)epartment Sincerley /")t -/ /,a7,.,19i,r. ,l\ '/ | J(./ L.P. Zaacanella EX}II BIT D West Glenwood Springs Water District c/o Ronald W. Johnson, EsquireP. O. Box 983 Glenwood Springs, Colorado 81601 January L6, 1981 Mr. Wayne FlemingP. O. Box L029 Glenwood Springs, Colorado 81601 Re: Supply of l,later Fleming Subdivision Dear I1r. Fleming : The purpose of this letter is to advise you that the West Glenwood Springs Water District encompasses the pro- perty which is bhe subject of the above-referenced subdivi- sion exemption request, Iocated on Highway 6 & 24, west of Glenwood Sprlngs, Garfield County, Colorado; and that the West Gl-enwood Springs Water District is obligated to supply water for said property, and will supply water Lo said pro- perty, within the limit.ations of its ability at the time of request for tap onto the waLer lines of West Glenwood Springs Water Di- strict. Should you have any further questions with reference to this matter, please feel free to contact me. Very truly yours, [> ^.*i, Q\U>/",*-l, ttt^icf . Robert Berg, Pr6sident West Glenwood Springs Water District , RB: vp EXHIBIT E West Glenwood Sprlngs P .0. Box 866 Glenwood Springs, CO. Al Flemlng Box I029 Glenwood Sprlngs, CO. Dear Sir; We have recetved your West Glenwood Sprlngs At this tlme the West provlde Bewer service Our current tep fee ls $1,000.00 per unlt. llest Glenwood Sprlngs Sanltatton Di.strict Board Presldent LE/dc Sanltatlon Dlstricr 8160 I January 9, 1981 8160 I request for ser{,er service avallablltcy by the Sanlte tlon DlstrlcE . Glenwood Sprlngs Sanltatton Dlscrlct ls able to for properties wlthln the dlstrtct boundaries. Lee Enewold EXHIBIT F 1 l Yours truly, (ffi"x';fr'J* 6J^ o,^^bre, Gbntusu} $pringr -flectnr Fgrterr- F- @- pox 458 GlenfoooD Fpnngr, OoloraDs 81601 A. W. Fleming F O Box 1029 Glenwood Springs Co 81501 RFI: Fleming Subdivision Request for Electrical- Power Dear Mr. Flening: ?his is to confirm that Glenwood Springs Eleetric System can supply eLectric power for the proposed Fast Food Center on liighway 5 A 24 as requ.sted, l,Je can also provide adeQuate pohrer for the additional bullding in the future, As stated in our telephone conversation on I-8-41, Xou uill be required to purchase transformers as needed a.s well as pay for materials and labor required to provide this service. The service will be standard three phase hook up, l2O/2O8. EXHIBIT G ROCKY MOUNTA/N NATURAL OAS COMPANY, INC, P.O. Box 7OO . 6LENwooo SPRINGS, COLORAoO aO6O1 r (3O3) 945-A6t4 ) 6 January 9, 1981 Mr, A. W. Fteming P. O. Box 1029 Glenwood Springs, Cotorado 81601 Dear Mr. Fleming: Thls letter ls to confirm that Natural Gas is available for the heaEing, water heating and cooking in your ProPosed Flemlng Sub- divtsion. This is located wesE of the 7-11 SEore ln WesE Glenwood. If I can be of further help, please call me aC 945-86L4. If you need information on Ehe engineering, ptease call Roy Elwell at 945-86L7. Very truly Yours, ../ .--, .. . | _1 ,-. Leland Hines Dlstrict Manager EXHIBIT H P. O. Box 2688 Grand Junct ion, CO Janubry 16, 19Bl A. l,f . Fleming P. O. Box 1029 Glenwood Springs, Colorado 81601 Dear Mr. Fleming : Regarding your request concernj-ng the provision of telephone service, I submit the following informaEion about the Fleming Subdivision near Glenwood Springs, Colorado: Mountain Bell 81502 1. 2. 3. Telephor-re service, while lots will be provided by with the Company Tariff, Commission No. 5. not available to individual Ilountain Be11 in accordance Colorado Public Utilities Mountain Be11 is a supplier for telephone service in the area. Ilountain Be11 is a private utilities compaDy, and as such, is regulated by the Public UEilities Commission and for interstate rates is regulated by the Federal Communicat.i-ons Commission. An estimate of schedule for installation of facilitles in the area cannot be given at Ehis time until specified information can be supplied as to telephone facilities required. Upon receipt by Mountain Be11 of the requirements, it may be determined chat certain costs will be expected to be borne by Ehe developer of said subdivision. Please be advised that as of Ehis writing, a commitment. for providing service cannot be met until studies are completed. These studies will of necessiE.y be made upon receipt by Mountain Be11 of the services and locat ions of servj-ces required by Ehe developer or o\^rner. Yours truly, L Jerry Stemm Supervisor - Residence EXHIBIT I I A.W. FLEMING P.O. BOX 1029 GLENWOOD SPRINGS, COLO. 41601 PHONE (3031 945'5A77 January 26, 1981 Board of County Cornnissioners Garfield County Glenwood Springs, Colorado 81601 REF: REQUEST FOR SUBDIVISION EXEMPTION PROPOSED FLEMING SUBDIVISION ''WEST GLENWOOD SPRINGS'I GARFIELD COUNTY, COLORADO Gentlemen, under the provisions of section 3.02.01 (Exemption) of the Garfield County Subaivision Regulations, adopted Januaty 2, 1979, this is to ,"qr"rt exemption from further revilw and regulation beyond Sketch Plan review. The subject property, 79,632 sq. ft. in area, is proposed-to be.di- vided into two lots,-developed and retained by the Owner for retail commercial uses under existing zoning. (Please refer to the accom- panying sketch Plan Submittal.) The property has 1egal and physical access. A11 necessary utilities exist to the perimeters of the plop- erty. No nonconformities to subdivision or zoning regulations are proposed or intended. we, the undersigned, being the Applicants of the proposed Fleming Sub- division Sketch'Plan Subnittal, ura residents of Garfield County, do submit that the proposed subdivision will be adequately served by existing streets ani utilities and presents no problems related to the use of the land and that it is not a part of an existing or po- tential larger land development project. Sincerely yours, ./) A. Wayne AWF/cg EXHIBIT J Sarah F. Fleming ()lL PROPER I lt <.r INVF.STMENTS REAL ESTATT /hPA,*,fril/(W ,1o iI 1 ..{1 t2't I t': 2r ('* I r t"-nin|, -; :mI r* F/Av//v( froffiV/ &rgr Urrit No.-$1.!-I)at't l] $oIL CltAliAClll;llil ll'l I(lll Depth to budrock Texture Surface Mut'r-r Lltilt t (,r t lttt'ltt:li Gravelly sa.rttiy lo.rrtr Sand. and gravel CI-ML' GM-GC, GPr GW Ploderately r:apid t;-50 7.9-B . L Low Low None B iligh Low o S Set"'pi1g'er , s:llrit i -l^ s totles S Iie epq,1t',, too u;::rdy S lieepiq';e S Cutbarlcs cave 0 o o Poor Too sand.y, seepa€e Fair Large stones Fair Large stones I'air Lirrllt) s lot rr-'s Poor Small storl,rs Subsoil Substratum Unified ClassificaLion Penmeabil ity Percent coarse lr';ri-;ments (gre;rt.r:r Llrlrrj l irrc'.hr':: ) SaIini Ly ( tlCxl or (i z5'c ) pH (surface) Shrink-sue11 Potential Potential frost-action (surface) Flood Hazard DEOREE & KIND OF I,IMITATIONS Hydrologic Group CorrosiviLy Steel (uncoated ) Concrete Septic Tank Absorption Irj el ds; Sewage Lagoons Sanitary l.andfill I'r'ench Area ShaLlow Excavations : ): Dw,:Llings w/basements: trl0 bi:scments Local, Boads & SLreeLs SUITABILITY AS A SOURCE OF... Dal1y Cuver for Landlill Boadfill Sand Gravel '" Topsoll \/\in SUBJECT TO CHANGE. NOT TO BE USED IN PI,ACE OF ON-SITE II.JVTISTIGATION xl 1R*Alellc: iO-A:l.Cl t. irrer c:ornplcx, ] i.c, -'l [)(']'i'('r)1 r:1.,1'6'11-;. 'l itr-:::t: nearf ].y 1eVt., l 1,o 1jt:I)1. 1y :llolrirli' r:oilll ;lI'(' r\lr ;i L lrlv il' l l trtlr irlrri t t't r';l( (':l' The soi.Is 1'orlnerl ip mixed allurritirn i'rr.Lrn r'edL,{:)d -l1l:rii::: lrrrd J.1l'i'jst-i:''l're:; ' F.lgv:rLion I';rrrges lrctrt, 7,[ri)0 Lo 7,000 i r-'i't . ']'irr: ;rr'"t'rr,('t'' ilrrljtr:iI i'''"- cipiLiit..Lon is irbt)ut' 1ll irlr.rltes, t'lrt: i]vel'il8('' 'ilrlllj;rl :rtr' l|ilrfrr'l''it i'rt ' i: about 47 degrees F., and t.he average annuaf f'r'.;st*I'ree period is :'iroLrL 110 ciays. Il.tr.: At.enc:i(r rroil nra.rkr,:lr i.rl) iiboitL li l, i,,,r ' , r,1 t't' i Irt' rr',1'f iiri' unit. and Ll"re Azef tirre :;oil aL)oul. ll 5 pcpce:nt.. i.lt':-iv':: I trr,t'::, i'lll l('lr I :i-l r- up abouL 10 trlepccrlL t){- t.}li: rllr i t., ()('cl.lI' in ::r-rltl'' :r}'t 'lri ' l'lrr,: At crici.o ..r() il ir; tir,r.1r ;rrr,.i vrl l l ,1r' riti,,,i. 'i'.. I i, ;11 iy, i lrr "111 {';1"r' 13yer ill tl;rr'k t't'dtl illr t.',t';l.y l:;lttt1.y lo:ttli 'tlrorll t' ilt' ir' ;: i irr.i': ' 'i'l r' 'rli :r,i l .i:,r ::irfrCiy -l lit1t 1.,r 1'.r'i.iV(ltly :l;ltrri-V ,'l;ry i(r,rl(r ,rt"'tl1 lii ilr' 1r'rr llricl:- 'l irt' SubStr.;rLLtm is 5;r,arrt:1 iv lr;rrrrly .i r,lirn Lli:tt. 1',t'lt,l,.:r; 'Ll,i, ri,ilr\i ' ('()L)[r i('' l']lri gravel aL dept.lrs b<:t.weeri 23 anci 110 'i rt<rltt:l-'; ' pernreabi. lity of t,he ALencio soi, t" nl1rcir,:r'rri.t:1y rirl)id. F.'.lf-t'i:Live rooting depth js 20 L<> 25 inches. Aviri labl.c !'irlL'r' t';i|;1 I'if'1r is r'c''t';' Surface runof'f' j s slow iir)rl tlre er,.)si.on ha:riit'd is :.. 1ll'lir1,. 'I'hc: Ar:r:l t. i-nc :rcri I i:r wtrI I ,1r';r jrtt'cl . '1'y 1r ir';r I 1y, i lr'' 'rt.tt't :rtr' i ".;'L'r' is redclish 6ipay 6r'avcllV l;,:nrly loant ;ibouL I irirlllt r; tl,l l.' 'l'}i,. rrrr'i''l')-ving 1.ayer' 'is r.t:<irj j slr browr'r ilravel ly s;itrrdy 19;111 i[irrtrt l{l itrt'lit:ll t il i,.'k. The l;utr:';lr';i1-Llri ill ct;t1(:;tt'(-:,ri1;'; J;;111r,i, l;l;lv()l , 'rr.rrl r" i I i'' i''r 't' irt-i'll ('J 60 irri-rlres ur' IIlt)t'c-'. i'r:r,rrieabiliLy oI 1..iri.: /\z-t.l1ir,e :tc,il 1.,; r; r,,1r,r':,l,.li lriri1l . i:,i'f'r.,'r.'i..ivc r.opl.ing cleptit j.s :tbr,irt l8 i.nchi:rr. Itv;.r j ll,t,ie u,i'1 .:I' )ti,)ilirli; '|-r:!l);rcit-1; is vepy low. .Sur.f:rce r.utrof'fl is slr,ii and t-Ii? r,,rc.,:,tlcrn i;:r;';,t'ti i:::1i.1-nt.' tp ffi," -u sk,' . ir XI l.B-At,t:nci o-Az.r'. 1 L i rrc: <:<,trt1,1ex Tltt::;e j:;rtill:i .1r'(t l.lt;(.(l tnil inl.y lrlr I jvt'.,1r". f. , l'.r. ll)r" ltltil i't ()l)liili\:' Alf';r1f'a, ,$nlall i;t'airrll , pn{.;i{.1;i'1:, ilrid 8r'arS3'- Ii'ililttrr' ir"i' ir'(' 'l"lrrji III'rill losses. TLie nal.ivr: ve6;et,lrli,ln o1't.iiese soill; il'i triairily Trriiilrr-r I'ic('l'l'i['s' western wheatgr.a:s, t-iL64 :.;:.ii;et r'1lsh, .lnd ncedl e:-rtttj t lrr'":trl ' W)-ten t.he r.arrgc-" condiliort or:Leriot'att.ctl;, I c,r't,:; rrli,l !i('')()(i); :::l)l't'lir:l' inc.ease. 'vriherr ilLe pange is in poor conciit. tr.,rr , Lilr.i' r'it'aL' lt': t'.'i'erls ,'rid artnual p-l.anL:i '1p1: 111,11116.J'rri.lri. l'r".r1;t-'t' t-:t'l:: i l,i'. :;,,rrr,r.:r rr\)lrl lll r i tr1';i j-tl"r lllr':l inr'r.ove.: t.l.re r.angr:, c,r,,rrdi1- irr1. lirrt,:riing is it E,or.,ti i,t'.r'. 1ii't- i I i.]r' ) irr;l'i' is irl poo| r:trridit'ioti' ilLliliri'1" 1;lrrtttl; ('trI' lr' ")ir:11 '11'r' ( l'r'j:t(ii wli" r1 - srAsts, wesLeI,n wheaLglass, at-rd llus;sian wi Ldl '/,,'. i''ol lrt..tt'''r'-:"-;:lI'Ltl :l( (' :il'hi ' a good practice is to prepare a seedbed anci ,lri ll tire seed . Fedur'1- Lon in brush improve:r clet'r't'ic.'r'aLerl t';rnge siLes' Hildlife using t.hese soils {'or hab jlat- irtlcf tli.ii' i)}',u.i:1.1}rt , iit-r.'r-, r"abbit, squirrel, and srome cleer. These specig5 1rL'111 i Ir t 1-rt i.r' 1-ootj '.rt.ttl shelLer mainly in tl:e ar{rlrli cf' r:i'op)-and ' Tliese s6;ils have gooc p.,l;t.,lrLi.a1 for (:i rrr:rrrlrrr "..7' 'i".'r"lr''l :".':t'.L it! i'i'}" use as source tn;rLerial. ;;''c.:cia1 r-ie sign rrir:'iL llr'' l'::;i:r'i i r'r- i j:e -irr::1:' i'i i'1''iot-i ol septlc t.an]-,: s sncl leilcl-i i'leli:is ritle f,9 .';1.,,'1r,.i t' rriij 'Li,i: 1rr,:;:it'il jl1' c'ri' gr.ound waler po11i.it.ior:. c,:ir:ri;ii it-y subc:l;::,rs lt''.s, i|r i5,alt'.'i1 I VTe. ni.rrrirrigaled. x-1..,0' / ,,r: ,..t'^ ,l . MOFFATT DAKAN GUY ASSOCIATES PC December 31, 1980 Garfield County Planning Department 20L4 Blake Avenue Glenwood Springs, CO 81601 ATT: MR. DAVIS FARR REF: PROPOSED FLEMING SUBDIVISION Dear Davis, Recently we discussed an abbreviated review process for the above project. Attached is our work out1ine. It summarizes the Regts a-nd is my interpretation of an ab* breviated process and information package. I would appreciate your review of the outline and com- ments concerning any necessary additions and especially any possible deletions. Please call if any questions. Sincere Iy , Df Enclosure cc: Wayne Fleming DT\M/cg ARCHITECTURE LAND PLANNING ENGINEERING Dean K. tvtoEfatt JAN 13'I5 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 3031945'2201 c0"PI.AilNER 1 tg8l I{DGA Architects December 29, 1980 FLEMING SUBDIVISION - WEST GTENWOOD SPRINGS Subdivisi.on Review Process Outline 3.01 SKETCH PLAN SUBMITTAL Because ofthe Countystep can bethe initialpreliminary 3. 04 PRELIIUINARY the scope of the proposed subdivision, Planning Department has agreed that thiseliminated and the Applicant can makesubmittal under the requirements for Plan. PLAN SUBMITTAL Upon submittal, Commissioners forward application toP&2. Within five days P&Z (PIan. Dept.) distributescopies to: 1. RE-I School District2. City of Glenwood Springs3. West Glenwood Springs Water District4. West Glenwood Springs Sanitation District The above agencies have 35 days to submit written com-ment to the Planning Department. 3.05.01 P &Z REVIEW 3.06 The P&Z (P1an. Dept. ) reviews the application forconformity to standards and the P&Z Plat Committeeprepares a report to the P&2. P&ZPUBLICHEARING Advertised public hearing at 1. Published in Glenwoodprior to hearliij-ffi.2. Certified mail noticeat least 5 days prior 3.07 P &Z RECOMI{ENDATION regular P&Z meeting: Post at least I0 days Either at the above public hearing or one meetinghence, the P&Z to reconrmend approval, approval withcondition, denialr or, at Applicantts request,exemption as set forth under Section 3.02.01. 3.08 BOARD COMMISSIONERS ACTION ON PRELIMINARY PLAN 3. 05 3. 09 Submittal, asers, with fee REFERRAL AND required by 4.02(Sect. 7.00) by REVIEW , to County Commission-t.hird Monday of month. adjacent land owners hearing date. to to Commissj.oners shall act upon plan ating within 15 days of receiving p&Z FINAL PLAT BOARD ACTTON 1. If exemption granted: Follow Secti.on 3.02.01 for Fina1 Plat and Exemp-tion Certificate.2. If full procedure required:Follow Section 4.03 - Fina} Plat Requirements. Submit to Commissioners. Referral within 15 days toPlan. Dept. and P&Z for conforrnity to Preliminary PIan and completeness. Signed by P&Z chairman. Schedule and hold Fina1 PIat public hearlng. Approve(or deny) . a regular meet- recommendation. 1- 3. r0 SUBDIVISION IMPROVEMENTS AGREEMENT An Agreement between County and Subdivider wherein Subdivider agrees to construct certain public im- provements (i.e. curb, gutter, sidewalks, etc.) and deposits collateral to secure same. Agreement is part of FinaL PIat aPProval. 2- aa MDGA Architect,s December 29, 1980 ITLEMING SUBDIVISION - WEST GLENWOOD SPRI},IGS App 1 ic at,i on Requi rremenls A. INFORMATION 1. Letter from Applicant requesting subdivision review. 2. Preface describing existing conditions and proposed subdivision. ' 3. Description of physical characteristics:a. Location of propertyb. Accessc. Soilsd. Drainage 4. Description of existing utility services:a. Waterb. Waste water treatmentc. Electricityd. Natural gas€. Telephone 5. Description of proposed developmenLs:a. Proposed land useb. Proposed public improvements B. PLANS I. Vicinity Mapa. Subject property and accessb. Adjacent properties and owners 2. Subdivision plan d. Depiction of subdivision (into two lots)b. Dimensions and areasc. Front footages on public r.o.w.d. Conformity to subdivision regulations 3. Conceptual Site plan €1. Building footprintsb. Parking and vehicular circulationc. Open space 4. Utility plan a. Location of existing servicesb. Location of service entrances 5. Drainage Plana. Existing and proposed on-siteb. Existing off-site C. EXHIBITS 1. Statement of Ownership and Inclusion2. Geologic evaluation3. Statement of water availability West Glenwood Springs Water District4. Statement of wastewater treatment availability West Glenwood Springs Sanitatj-on District5. Electric service availability Glenwood Springs Electric System6. Telephone service availability Mountain BelI Telephone System7. Natural Gas service availability Rocky Mountain Natural Gas8. List of adjacent land owners