HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.Aarfield-county. corn
F A -I _LI-01Vt
❑ MINOR [2 LOT] EXEMPTION
❑ MAJOR [4 LOT] EXEMPTION
( FINAL EXEMPTION PLAT AMENDMENT
TEED
JAN
GAl'tE i 111 1_:()L51\ I Y
RU!LU:il.; ;PLANNING
GENERAL INFORMATION (Please print legibly)
Name of Property Owner: Randy and Lori Kirkpatrick
Mailing Address: 1232 Cedar Springs Ranch Rd. Telephone: 70
)876-2008
City: Rifle StateCO Zip Code:81650 Cell: ( )
E-mail address: FAX: ( )
Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
Barbara L. Clifton
Mailing Address: 127 E. 5th Street Telephone: (970 ) 625-2410
City: Rifle State: CO Zip Code:81650 Cell: ( )
E-mail address: bci i ftonpc@yahoo . com FAX: (970 )625-3305
Street Address / General Location of Property 1232 Cedar Spriney finch Rd.
,� /\ O
Assessor's Parcel Number: 2403-141-00-081 and 2403-14.--00-082
Size of Property (in acres) as of January 1,1973: N/A
Current Size of Property to be Subdivided (in acres): N/A
Number of Tracts / Lots Created Including remainder of Parent Property: NJA
Proposed size of Tracts / Lots to be Created Including remainder of Parent Property:
o Lot #: * containing 40.150 acres
o Lot #: containing acres
o Lot #: containing acres
o Lot #: containing acres
o Lot #: containing acres
> Property's Zone District: Rural
* Applicant seeks to combine
two existing parcels into
one lot.
Last Revised 12/12/08
I. TO QUALIFY FOR A MINOR EXEMPTION
Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and
the remainder parcel, will be split from any parcel that was described in the records
of the Garfield County Clerk and Recorder's Office as of January 1, 1973,
regardless of size, as long as the resulting parcels meet the minimum lot size for the
underlying zone district. The proposed Minor Exemption shall satisfy the criteria in
Section 5-407, General County Exemption Criteria, and shall require recording of a
Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal
description and as a numbered or lettered "Exemption Lot".
11. TO QUALIFY FOR A MAJOR EXEMPTION
Division of land by which no more than four (4) parcels, i.e. the remainder parcel
and not more than three (3) new parcels will be split from a parcel of land that was
described in the records of the Garfield County Clerk and Recorder's Office as of
January 1, 1973 as a parcel of land 35 acres or more in size and not part of a
recorded subdivision. In addition to the general exemption criteria, contained in
Section 5-407, the proposed Major Exemption shall require recording of a Major
Exemption Plat, describing each Exemption Lot by a metes and bounds legal
description and as a numbered or lettered "Exemption Lot".
For purposes of the definition of Minor and Major Exemptions:
1) All tracts of land thirty five (35) acres or greater in size created after January 1,
1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels
each of which comprises thirty-five (35) acres or more and none of which is
intended for use by multiple owners, shall be considered parcels of land created
by exemption for purposes of further division in accordance with the exemption
review processes outlined in Division 4 and, thus, shall be counted as one of the
not more than four (4) Exemption Lots allowed to be split by the Major or Minor
Exemption process; unless;
2) If the parcel of land under consideration, or part thereof, is split by a public right-
of-way or a County road right-of-way included in the County highway system,
and the location of the public or County right-of-way prevents joint use of one or
more of the proposed Exemption Lots, then the division of land may include a
split into no more than five (5) parcels, i.e. no more than four (4) new parcels
and the remainder parcel in a Major Exemption and no more than three (3)
parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a
Minor Exemption.
III. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, an application for a Major Exemption shall specifically provide the
following items below pursuant to Article V, Sections 5-406 and 5-501.
1. Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
2. A narrative addressing criteria in this application and explaining the purpose
of the application.
3. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed exemption to the surrounding area for which a copy
of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form from the original Pre -
Application Conference.
7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for
properties exceeding 160 acres in size, or 1 inch to 100 feet for properties
less than 160 acres in size. The Director may require a more detailed version
of all or part of the exemption map or plat. The required details for an
Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR.
8. All requests for Minor and Major Exemptions shall be required to demonstrate
that they can meet the following criteria:
a) Adequate Water Supply. The resulting Exemption Lots have a sufficient
legal and physical source of water, in compliance with the requirements of
this Land Use Code set forth in Section 7-104 of Article VII, Standards.
b) Adequate Water Distribution and Wastewater Disposal System. The
resulting Exemption Lots have an adequate water distribution system and
wastewater disposal system in compliance the requirements of this Land
Use Code set forth in Section 7-105 of Article VII, Standards.
c) Adequate Access. The resulting Exemption Lots have legal and adequate
access in compliance with the requirements of this Land Use Code set
forth in Section 7-107 of Article VII, Standards.
d) Hazards. The resulting Exemption Lots do not create hazards identified in
Section 7-209 and Section 7-210 of Article VII, or exacerbate existing
hazards.
e) Compliance with Comprehensive Pian and Intergovernmental
Agreements. The proposed exemption is consistent with applicable
provisions of the Garfield County Comprehensive Plan and any
intergovernmental agreements between the County and a municipality that
apply to the area where the division of land will occur.
f) Exemption Map Requirements. See the specific requirements for
Exemption Plats at Section 5-502 B6 and B7. The following general
criteria also apply:
g)
1. Suitability of Plat for Recordation. The exemption map or plat is drawn
in accordance with the requirements of these Regulations and is
suitable for recordation.
2. Adequacy of Supporting Materials. The exemption plat meets all
planning, engineering, and surveying requirements of these
Regulations for maps, data, surveys, analyses, studies, reports, plans,
designs, documents, and other supporting materials.
3. Liens and Encumbrances. The exemption plat does not include a lien,
conveyance, or encumbrance to the property dividing a lot or
encumbering the public use of public dedications for roadways public
utility easements or other purposes.
Taxes. All taxes applicable to the land have been paid.
9. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. Staff will request
additional copies once the application has been deemed technically complete.
IV. PROCEDURAL REQUIREMENTS
Minor and Major Exemptions are reviewed in an Administrative Process. The following
steps outline how the Major Exemption review process works in Garfield County as
further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008.
1. Pre -Application Conference. A pre -application conference shall be held in
accordance with the provisions of Section 4-103 A, Pre -Application Conference.
2. Application. The application materials required for a land use change subject to
Administrative Review are set forth in Section 4-601 A.
3. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-
103 C, Determination of Completeness.
4. Evaluation by Director/Staff Review. Upon determination of completeness, the
Director shall review the application for compliance with the applicable
requirements. A staff report shall be prepared pursuant to Section 4-103 E.
a) Review by Referral Agencies. The Director's evaluation of the application
may include comment by referral agencies received under Section 4-103 D,
Review by Referral Agency.
b) Notice to Adjacent Property Owners. The applicant shall mail a written
notice by certified mail, return receipt requested, to the owners of record of
all property adjacent to the property within a 200' radius and the mineral
owners of record in the office of the County Clerk and Recorder.. The
notice shall include a vicinity map, the property's legal description, a short
narrative describing the current zoning and proposed land use change, and
the contact information and the date that the Director has to make a
decision and notice of the 10 day period after the Director's decision to
appeal the decision and the deadline for comments to be submitted. The
comment period for adjacent property owners shall be within twenty-one
(21) calendar days from the date of receipt of the notice established by
return receipt.
5. Director Decision. Within thirty (30) working days of the date of determination of
completeness, or close of the comment period if the application is referred for
comment, the Director may approve, approve with conditions or deny the land
use change application subject to Administrative Review. The Director's
decision shall be based upon compliance of the proposed use with the approval
standards set forth in Divisions 1 and 2 of Article VII, Standards.
a) Approval of Application. If the application satisfies all of the applicable
standards, the application shall be approved. The application may be
approved with conditions determined necessary for compliance with
applicable standards. Once it has been approved, the applicant shall
prepare the necessary legal documents to be placed on the consent
agenda for the signature of the Chairman of the Board of County
Commissioners and shall be duly recorded by the Clerk and Recorder after
signature.
b) Denial of Application. if the application fails to satisfy all of the applicable
standards, the application shall be denied.
6. Written Notice of Decision. The Director shall inform the applicant and noticed
property owners of the approval, conditions of approval or basis for denial in writing
within five (5) working days of the date of decision. Notice of the Director's decision
shall also be provided to the Board of County Commissioners.
V. AMENDMENTS TO APPROVED EXEMPTIONS
An amendment may be made to a recorded Final Exemption Plat if such amendment does
not increase the number of subdivision lots or result in a major relocation of a road or add
one or more new roads (pursuant to Section 5-306). A correction can be made to a
recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending an Exemption Plat shall
consist of the following:
1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4-
104 of Article IV, shall be used for review of a request to amend an Exemption
Plat for modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) lots.
An Amended Exemption Plat which modifies lot lines or easements affecting not
more than two (2) adjacent Exemption Lots or a single building envelope shall
be subject to the Administrative Review Process set forth in Section 4-104 of
Article IV, with the addition of presentation of the Amended Exemption Plat to
the Board of County Commissioners for signature, prior to recording with the
Office of the Clerk and Recorder.
2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in
Section 5-403, shall be used to amend an Exemption Plat modifying lot lines,
building envelopes, easement locations or other interests affecting more than
four (4) Exemption Lots.
An Amended Final Exemption Plat which modifies lot lines or easements
affecting more than four (4) lots or more than one (1) building envelope shall be
subject to the Major Exemption Review Process set forth in Section 5-403.
6
B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review
requires the following application materials as more fully described in Article V,
Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
3. Final Exemption Plat, Amended Final Exemption Plat
4. Subdivision Improvement Agreement, if necessary
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
( ign4 i�7/--, / 5 ' .
ture o P erty Owner) Date
de5-b,i , .c_' picihiC /-- 3-- )1
(Signature of Property Owner) Date
7
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Pandy Kirkpatrick and Lori Kirkpatrick
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for the amendment of the Cedar
Springs Ranch Exemption Plat (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
I9PERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Siena ureJ
�f---�—
Signature
Randy Kirkpatrick and Lori Kirkpatrick
Print Name
Mailing Address:
Date
/— -1(
Date
1232 Cedar:Springs Ranch Road
\:S.0 81650
Page 4
Barbara L. Clifton, P.C.
127 E. 5th Street
Rifle, CO 81650
Barbara L. Clifton, Esq. Office: 970-625-2410
bcliftonpc@yahoo.com Fax: 970-625-3305
December 29, 2010
Molly Orkild-Larson
Building and Planning Department
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Cedar Springs Ranch Exemption Amendment Application
Dear Ms. Orkild-Larson:
As we discussed, 1 represent Randy and Lori Kirkpatrick regarding the amendment of the Cedar
Springs Ranch Exemption Plat. A letter authorizing such representation is attached as Exhibit A.
Randy and Lori Kirkpatrick currently own two separate and adjacent parcels of land. One parcel
is Parcel M of the Cedar Springs Ranch Subdivision consisting of approximately 36.125 acres.
The other parcel is combined Lot 2/3 of the Cedar Springs Ranch Exemption consisting of
10.025 acres. (The Kirkpatricks combined Lots 2 and 3 in 2007.) Copies of the deeds
demonstrating ownership are attached as Exhibit B. The Kirkpatricks now wish to combine
Parcel M with Lot 2/3 in order to simplify ownership and use of the land. The proposed
amendment does not result in an increase in the number of exemption lots, result in a major
relocation of a road or add one or more new roads.
The proposed amendment of the Exemption Plat complies with both the Garfield County
Comprehensive Plan of 2030 as amended and the zoning regulations of the Garfield County
Unified Land Use Regulations of 2008 as amended. Specifically, the combined property acreage
of 40.150 acres more than meets the Comprehensive Plan's suggested acres per dwelling ratio.
Further, the Unified Land Use Regulations indicated that the property at issue is zoned Rural.
Rural zoning allows a single family dwelling, the use here, as a use by right and requires a
minimum lot size of 2 acres. The combined property acreage here will be 40.150 acres.
Additionally, the site plan and proposed amended plat attached as Exhibit C demonstrate
compliance with the other lot and building requirement (Section 3-202).
Copies of the following are also attached:
1. Vicinity Map attached as Exhibit D;
2. Assessor's Map attached as Exhibit E;
3. List of 200- foot Property Owners and Mineral Owners attached as Exhibit F; and
4. Pre Application Conference Summary attached as Exhibit G.
Please let me know what additional information you require to process this exemption plat
amendment. Thank you for your assistance.
Barbara L. Clifton
Enclosures
AUTHORIZATION FOR REPRSENTATION
We hereby consent to representation by Barbara L. Clifton of Barbara L. Clifton, P.C. on any
matters related to this application.
R ndy K4rpa(rick Date
Lori Kirkpatrick
Lori Harris
rmerly known as
Date
1111K NW NU IniiNferiliErtIN 11111
Rec.ptionn: 722785
05/0712007 04:31:15 P11 8.1523 P:0758 .loan Americo
1 of 2 Roc Fee $51.00 Doc Fee:23.50 GARFIELD COUNTY CO
Recorded at o'clock M.
Reception No. Recorder.
WARRANTY DEED
TICS DEED, made this 3rd day of May, 2007
Between CEDAR SPRINGS RANCH, LLC,
A COLORADO LIMITED LIABILITY COMPANY
of the State of CO, grantor, and
LORI KIRKPATRICK AND RANDY KIRKPATRICK,
As joint tenants with full rights of survivorship
whose legal address is : 1232 S Cedar Springs Ranch Road, Rifle, CO, 81650
of the County of Garfield and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of 5235,000.00 DOLLARS, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the
grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
as known by street and number as: 982 South Cedar Springs Ranch Rifle CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns
forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and !await authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007
and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's
Commitment No. 0704070-R
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall
include the plural, the plural the singular, and the use of gender shall he applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
orado ited Liability Company
By:
Peter Be .u, Manager'
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on May 3, 2007, by Peter Belau, ManageroffCedgr_Sptings Ranch, LLC, a Colorado
Limited Liability Company.
My commission expires:
Commonwealth File No. 0704070-8
Aerum to:
Lori kirtpmck and Randy Kirkpvxr
1232S Ccder 5pri"rr Rood Rod
Fat CO $law
c ..:.,—.W -TN handaltd.�ofci
NOTARY. PI',: r i.r'
STATE Or' C01,0i. ")0 127 East 5th Street
:�.:., i -g,,-- Rifle, CO 81650
My Commission Expires 09/27/2008
Pu• le
r "a NOIR 1t 11111
Reception0: 722785
05!07/2007 04:31.15 PM 0:1923 P:0769 Jean Rlherloo
2 of 2 Rec F.e, f11-00 Doc Fee:23.50 GARFIELD COUNTY CO
File No. 0704070-R
EXHIBIT "A"
A PARCEL OF LAND SITUATE THE SE114 SECTION 11 AND IN THE NW1/4NE1/4 SECTION 14 TOWNSHIP 7
SOUTH, RANGE 93 WEST OF THE 6111 PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE1/16 CORNER SMD SECTION 14, AN ALUMINUM CAP L.S. NO. 31143 IN PLACE,
THE TRUE POINT OF BEGINNING; THENCE S89°34'56"W ALONG THE SOUTHERLY LINE OF SAID
NW1/4NE1/4 1303.80 FEET TO THE NORTH CENTER 1/16 CORNER SAID SECTION 14, AN ALUMINUM CAP
L.S. NO. 31143 IN PLACE; THENCE DEPARTING SAID SOUTHERLY LINE N00°18'11"W ALONG THE
WESTERLY LINE OF SAID NW1/4NE1/4 415.81 FEET TO THE SOUTHWEST CORNER OF THE CEDAR
SPRINGS RANCH SUBDIVISION EXEMPTION AS RECORDED IN THE GARFIELD COUNTY CLERK AND
RECORDERS OFFICE; THENCE DEPARTING SAID WESTERLY LINE ALONG THE SOUTHERLY LINE OF
SAID CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION THE FOLLOWING SEVEN (7) COURSES: 1.)
N89°42'15"E 250.55 FEET; 2.) N46°02'06"E 387.51 FEET; 3.) N19°51'37"E 489.27 FEET; 4.) N 51°28'07"W 171.22
FEET; 5.) N39°42'34"E 208.92 FEET; 6.) N50°39'08"E 215.06 FEET; 7.) N74°41'27"W 418.67 FEET THENCE
DEPARTING SAID SOUTHERLY LINE N46°12'57"E 567.19 FEET; THENCE S44°10'28"E 346.89 FEET; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 361.41 FEET, A CENTRAL ANGLE OF 16°34'51", AN
ARC LENGTH OF 104.59 FEET (CHORD BEARS S44°00'55"E 104.22 FEET); THENCE N89°23'42"E 106.14 FEET
TO A POINT ON THE NORTH -SOUTH CENTERLINE SAID SE1/4 SECTION 11; THENCE S00°36'10"E 400.39
FEET; THENCE S00°37'09"E 1320.60 FEET TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH AND SUBJECT TO THE FOLLOWING ACCESS AND UTILITY EASEMENT:
A STRIP OF LAND 40 FEET IN WIDTH FOR THE USE OF AN ACCESS AND UTILITY EASEMENT SITUATE IN
THE S1/2 SECTION 2, IN SECTION 11 AND THE NW1/4NE1/4 SECTION 14, TOWNSHIP 7 SOUTH, RANGE 93
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID
EASEMENT LYING 20 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE EAST 1/16 CORNER BETWEEN SECTION 2 AND 11, A REBAR AND ALUMINUM CAP
LS NO. 31143 IN PLACE, THENCE N01°07'44"W 27.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE
ALONG THE FOLLOWING THIRTY-FIVE (35) COURSES: I.) S58°55'09"W 158.61 FEET; 2.) ALONG THE
ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 268.93 FEET, AN ARC LENGTH OF 151.17 FEET
(CHORD BEARS S43° 12'06"W 149.18 FEET); 3.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 1092.98 FEET, AN ARC LENGTH OF 245.53 FEET (CHORD BEARS S27°05'53"W 245.01 FEET); 4.)
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1301.86 FEET, AN ARC LENGTH OF
505.14 FEET (CHORD BEARS S31°32`13"W 501.99 FEET); 5.) ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1586.16 FEET, AN ARC LENGTH OF 334.35 FEET (CHORD BEARS S17°53'55"W 333.73
FEET); 6.) S33°00'19"E 77.57 FEET; 7.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 317.15 FEET, AN ARC LENGTH OF 112.34 FEET (CHORD BEARS S 16°28'03"E 111.75 FEET); 8.) S01 °47'44"E
146.49 FEET; 9.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 477.99 FEET, AN ARC
LENGTH OF 120.12 FEET (CHORD BEARS S03°34'37"E 119.80 FEET); 10.) S10°29'31"E 297.44 FEET; 11.)
ALONG THE ARC OF A CURVE TO THE RIGHT :HAVING A RADIUS OF 87.73 FEET, AN ARC LENGTH OF
105.01 FEET (CHORD BEARS S23°09'24"W 98.85 FEET); 12.) S62°28'31 "W 63.36 FEET; 13.) ALONG THE ARC
OF A CURVE TO THE LEFT HAVING A RADIUS OF 398.62 FEET, AN ARC LENGTH OF 461.35 FEET (CHORD
BEARS S29°51'57"W 436.02 FEET); 14.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 2934.67 FEET, AN ARC LENGTH OF 223.37 FEET (CHORD BEARS S01°22'03"W 223.31 FEET); 15.)
S16°23'58"W 400.53 FEET; 16.) S27°28'25"W 137.85 FEET; 17.) ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 127.35 FEET (CHORD BEARS S07°12'18"W 124.71
FEET); 18.) S 13°03'50"E 152.82 FEET ; 19.) S23° 15'51 "E 127.93 FEET; 20.) S 12°37'36"E 392.07 FEET; 21.)
S41°02'35"E 240.96 FEET; 22.) S49°04'06"E 180.86 FEET; 23.) S31°00'52"E448.34 FEET; 24.) S44°10'28"E 350.64
FEET; 25.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
341.41 FEET, AN ARC LENGTH OF 356.31 FEET (CHORD BEARS S22°38'35"E 340.3 FEET); 26.) S00°47'04"E
112.84 FEET; 27.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 132.43 FEET, AN
ARC LENGTH OF 194.46 FEET (CHORD BEARS S29°09'32"W 177.45 FEET); 28.) S68°I8'13"W 93.24 FEET; 29.)
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 75.07 FEET, AN ARC LENGTH OF
I81.08 FEET (CHORD BEARS N51°27'11"W 140.27 FEET) THENCE; 30.) N17°34'40"E 201.91 FEET; 31.)
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET, AN ARC
LENGTH OF 163.94 FEET (CHORD BEARS N41°07'46"W 136.72 FEET); (WHENCE THE CENTERLINE OF A 40
FOOT WIDE STRIP OF LAND FOR THE USE OF ACCESS AND UTILITY EASEMENT BEARS N74°41'27"W
458.12 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT L, THE TERMINUS, WHENCE SAID EAST 1/16
CORNER BEARS N08°40'41 "E 4984,03 FEET); THENCE; 32.) ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 80.00 FEET, AN ARC LENGTH OF 41,21 FEET (CHORD BEARS S65°24'28"W 40.75
FEET) 33.) N74°41'27"W 12.72 FEET; 34.) S50°39'08"W 219.80 FEET; 35.) S39°42'34"W 206.60 FEET TO THE
POINT OF TERMINUS, WHENCE SAID EAST 1/16 CORNER BETWEEN SECTION 2 AND 11 BEARS
N06°54'06"E 5402.32 FEET, SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO CLOSE WITH
PROPERTY LINES.
1IIIM1T:ITIPiliilii, h,V1Ifintirriiii 111 111
Reception#: 738255
11130?2007 03.22:42 PM Jean RLbersco
1 of 4 Rec Fee:$21.00 Dbc Fee•0.00 GRRFIELD COU'.TY GO
AFFIDAVIT REGARDING
BOUNDARY LINE ADJUSTMENT
Randy Kirkpatrick and Lori Harris now known as Lori Kirkpatrick, the undersigned affiants
being first sworn upon thereof, depose and state as follows:
1. We are the owners of real property in the unincorporated area of Garfield County,
which is described in Exhibit A and Exhibit B, which are attached hereto and incorporated herein
by this reference. The purpose of the boundary line adjustment is to combined the two lots into one
combined lot as described in Exhibit C.
2. We are desirous of adjusting the boundary lines of our Tots and sign this Affidavit in
accordance with the Garfield County Subdivision Regulations of 1984.
3. We hereby represent that no new lots will be created and therefore, that Garfield
County will not be required to issue any building permits, other than what it would be required to
issue for the already existing lots.
4. We hereby represent that none of the parcels of property involved in this boundary
line adjustment is part of a previously platted subdivision of record,
5. We hereby represent that the boundary line adjustment made reference to herein will
not cause the loss of access by road or to utilities, to any parcel of property involved.
6. We hereby authorize Garfield County to record a copy of this Affidavit with the
Garfield County Clerk and Recorder, and to furnish this Affidavit to the Garfield County Assessor.
FURTHER AFFIANTS SAYETH NOT.
DONE this ate, day of,j.,,\V,„..„ , 2007,
ut_ thid t,i.bi 1 011.
Randy,Ki . rick
STATE OF COLORADO )
COUNTY OF GARFIELD )
Lori Harris now known as Lori Kir
SS,
atrick
The foregoing instrument was acknowledged before me on this )$..,L day of
oUGr��a , 2007, by Randy Kirkpatrick and Lori Harris now known as Lori Kirkpatrick.
Witness my hand and official seal.
My commission expires: - U`
■IIIFairi I,mit Alio !,It+Anvil KO* L III 'JJ 11 III
Receplion0: 738255
11130/2007 03.22:42 FM Jean Riberico
2 of 4 Rec Fee $21 00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
PARCEL OWNED BY RANDY KIRKPATRICK AND LORI KIRKPATRICK FORMERLY
KNOWN AS LORI HARRIS PRIOR TO BOUNDARY LINE ADJUSTMENT
SAID PARCEL IS TO BE MERGED WITH A TRACT OF LAND PRESENTLY
IDENTIFIED AS RECEPTION NO. 686880, BOOK NO. 1747 AT PAGE 869 IN THE
RECORDS OF THE CLERK AND RECORDER, GARFIELD COUNTY (SHOWN ON
EXHIBIT B)
LEGAL DESCRIPTION
LOT 3
A TRACT OF LAND SITUATED IN THE NWI/4NE1/4, SECTION 14, TOWNSHIP 7 SOUTH.
RANGE 93 NAST OF THS 6T1( P.M. BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE NE CORNER OF SAID SECTION 14 BEARS N.
72'20'00w R. 2160.57 ''SET; THENCE S. 46°02'06" W. 387.51 FEET; TRENCH S.
89'42'15" W. 250.59 FEST TO A POINT ON TEE WEST LINN OF SAID NW1/4NS1/4;
TRENCH ALONG SAID WEST LINZ N. 00'16'06w W 694.69 FEST; TRENCR DEPARTING SAID
WEST LIAM S. 51'28'07" S. 681.56 FEST TO TSS POINT OF BEGINNING.
AXA
LOT 3
CEDAR SPRINGS RANGE STDDXVISTON EXEMPTION
ACCORDING TO TRs PLAT RECORDED APRIL 17, 2001 AS RECEPTION NO. 575405.
TOGETHER WITH BUT WITHOUT WARRANTY: 1/3 INTEREST IN WELL PERMIT NUMBER 227745.
■11111 i 114111ilii 11111
Reception#: 738255
11/30/2007 03:2242 PM Jean Alberico
3 of 4 Rec Feo-$21.00 Doc Fee 0.00 GARFIELD COUNTY CO
EXHIBIT 13
SECOND PARCEL OWNED PROPERTY OWNED BY RANDY KIRK['ATRICK AND
LORI HARRIS NOW KNOWN AS LORI KIRKPATRICK PRIOR TO BOUNDARY LINE
ADJUSTMENT
A tract of land situated in the NW114NE114, Section 14, Township 7 South, Range 93 West of the 6th P.M_ being more
particularly described as follows;
Beginning at a point whence the Northeast Corner of said Section 14 bears North 72°20'00" East 2160.57 feet; thence
North 51°28'07" West 681.56 feet to a point on the West Iine of said NW114NE114; thence along said West line North
00°18'08" West 74.31 feet; thence departing said West. line North 83°09'10" East 569.90 feet; thence South 5I°28'07"
East 171.22 feet; thence South 19°51'37" West 489.27 feet to the POINT OF BEGINNING.
Together with the following described wafer and water rights, ditches and ditch rights of way, title to which is not
included in the warranties contained herein; One-third interest in water well #227745
as known by streetand number as: 1232 Cedar Springs Ranch Rule CO
11411111VIACINININhieleilin1014)11411110
Receptionl#: 738255
1}130!2007 03:2242 PM Jean Afberico
4 of 4 Rec Fee $21.00 Doc 'ee:0 00 GRRF]EL0 COUNTY CO
EXHIBIT C
COMBINED PARCEL OWNED BY RANDY KIRKPATRICK AND LORI HARRIS NOW
KNOWN AS LORI KIRKPATRICK AFTER BOUNDARY LINE ADJUSTMENT
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NW1/4NE1/4 SECTION 14, TOWNSHIP 7 SOUTH,
RANGE 93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID
PARCEL OF LAND BEING PARCEL 2 AND PARCEL 3 OF THE FINAL PLAT OF CEDAR
SPRINGS RANCH SUBDIVISION EXEMPTION AS FILED WITH THE GARFIELD COUNTY
CLERK AND RECORDER'S OFFICE AS RECEPTION NO. 579405. SAID PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 14, AN ALUMINUM CAP LS
NO, 31143 IN PLACE; THENCE SO0 °18'08 "E ALONG THE CENTER SECTION LINE OF SAID
SECTION 14 A DISTANCE OF 133.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE
DEPARTING SAID CENTER SECTION LINE N83°09'10"E 569.90 FEET; THENCE S51 °28'07"E
171.22 FEET; THENCE S19°51'37'W 489.27 FEET; THENCE S46°02'06"W 387.51 FEET;
THENCE S89 °42'15"W 250.59 FEET TO A POINT ON SAID CENTER SECTION LINE(WHENCE
THE NORTH CENTER 1/ 16 CORNER OF SAID SECTION 14, AN ALUMINUM CAP LS NO.
31143 IN PLACE BEARS SO0°18'08"E 415.81 FEET); THENCE N00°18'08"W ALONG SAID
CENTER SECTION LINE 769.20 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF
LAND CONTAINING 10.025 ACRES, MORE OR LESS.
2
Ln
(2) $16.ftn
1111111 11111 1111111 III 111111 111111 11111 11111111 1111 1111
889660 12/30/2003 01:39P 61760 P15 M RLSDORF
1 of 3 R 16.00 D 8.50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, Made this 28th day of December , 2005 , between
CEDAR SPRINGS RANCH, LLC.
of the said County of GARFIELD and State of COLORADO
LORI HARRIS AND RANDY KIRKPATRICK
whnsc legal address is 1077 COUNTY ROAD 335
SILT, CO 81652
of the said County of GARFIELD and State of COLORADO
, grantor, and
.grantee
nOC FEE A8.50
WITNESS, that the grantor. for and in consideration of the sum of Ten dollars and other good and
valuable consideration DOLLARS, the receipt and sufficiency of which is hereby
acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell. convey and confirm. unto the
grantees. their heirs and assigns forever, not in tenancy in common but in joint tenancy, ell the real property. together with improvements.
if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows:
SEE EXHIBIT "A"
also known by street and number as: TBD CEDAR SPRINGS RANCH, RIFLE, CO 81650
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining. and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
the grantee. his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good. sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and
lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains. sales, liens. taxes, assessments, encumbrances and restrictions of whatever kind or nature server, except
those specific Exceptions shown on the attached as ^EXHIBIT 1".
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession
of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
aurae r aI I include the plural. the plural the singular, and the use of any gender shall be applicable to all genders.
SS WHEREOF gr• or es axe led this d d on the date set forth above.
PETER J. BELAU,
GER OF e R PRINGS RANCH, LLC.
State of COLORADO
ss.
County of GARFIELD )
The foregoing instrument was acknowledged before me this 28th day of December
by PETER J. BELAU MANAGER OF CEDAR SPRINGS RANCH, LLC.
My commission expires March 04, 2006 W\tness my hand and offi
Fite No. WWI /S2 Stewart Tine or Glenwood springs, Inc.
No. 921A WARRANTY DEED (To Joint Tenants) (Y921AEXTNEW)
Rev. 7199
. 2005 ,
RETURN TO: LORI HA
1077 CNTY RD 335
SILT, CO 81652 .(2
1 111111 11111 1111111 111 111111 Willi 11111 111 11111 1111 1111
689660 12/30/2005 01:39P 61760 P16 M ALSDORF
2 of 3 R 16.00 D 8.50 GARFIELD COUNTY CO
Order Number: 05001152
EXHIBIT A
LEGAL DESCRIPTION
LOT 3
A TRACT OF LAND SITUATED IN THE NW1/4NE1/4, SECTION 14, TOWNSHIP 7 SOUTH,
RANGE 93 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE NE CORNER OF SAID SECTION 14 BEARS N.
72°20'00" E. 2160.57 FEET; THENCE S. 46°02'06" W. 387.51 FEET; THENCE S.
89°42'15" W. 250.59 FEET TO A POINT ON THE WEST LINE OF SAID NW1/4NE1/4;
THENCE ALONG SAID WEST LINE N. 00°18'08" W 694.89 FEET; THENCE DEPARTING SAID
WEST LINE S. 51°28'07" E. 681.56 FRET TO THE POINT OF BEGINNING.
AICA
LOT 3
CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION
ACCORDING TO THE PLAT RECORDED APRIL 17, 2001 AS RECEPTION NO. 579405.
TOGETHER WITH BUT WITHOUT WARRANTY: 1/3 INTEREST IN j'TELL PERMIT NUMBER 227745.
1Hill Hill 111111111 1111111
689660 12/30/2005 01:39P 61760 P17 M ALSDORF
3 of 3 R 16.00 D 8.50 GARFIELD COUNTY CO
Exhibit "1"
"general taxes for the year-. 2005 and subsequent years; and those specific
exceptions described by reference to recorded documents as reflected in the
Title Documents accepted by Grantee(s) In accordance with Section Ba(Titie
Review) of the Contract to Buy and Sell Real Estate relating to the above
described property; distribution utility easements (including cable TV); those
specifically described rights of third parties not shown by the public records of
which Grantee has actual knowledge and which were accepted by Grantee(s) In
accordance with Section 8b (Matters not shown by the Public Records) and
Section ac (Survey Review) of the Contract to Buy and Sell Real Estate relating
to the above described real property, inclusion of the property within any special
tax district; and, the benefit and burdens of any declaration and party wail
agreements, if any."
I !1111111!11111111! 11 fillll11011111111 111 1111! 11111111
686880 11/21/2005 02:55P 61747 P869 11 ALSDORF
1 of 1 R 6.00 D 23.50 GARFIELD COUNTY CO
Recorded at o'clock _ M.
Reception No. Recorder.
WARRANTY DEED
THIS DEED, made this 18th day of November, 2005
Between MARION SHIRLEY DOWNER
of the . County of Los Angeles, and State of CA, grantor, and
RANDY KIRKPATRICK AND LORI HARRIS,
As joint tenants with full rights of survivorship
whose legal address is : 1232 Cedar Springs Ranch, Rifle, CO, 81650
of the County of Garfield and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of 5235,000.00 DOLLARS, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the
grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of Garfield and State of Colorado described as follows:
A tract of land situated in the NW 1/4NE1/4, Section 14, Township 7 South, Range 93 West of the 6th P.M. being more
particularly described as follows:
Beginning at a point whence the Northeast Corner of said Section 14 bears North 72°20'00" East 2160,57 feet; thence
North 51°28'07" West 681.56 feet to a point on the West line of said NW1/4NEI/4; thence along said West line North
00°18'08" West 74.31 feet; thence departing said West line North 83°09'10" East 569.90 feet; thence South 51°28'07"
East 171.22 feet; thence South 19°51'37" West 489.27 feet to the POINT OF BEGINNING.
Together with the following described water and water rights, ditches and ditch rights of way, title to which is not
included in the warranties contained herein; One-third interest in water well #227745
as known by street and number as: 1232 Cedar Springs Ranch Rifle CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns
forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2005
and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's
Commitment No. 0510114
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall
include the plural, the plural the singular, and the use of gender shall be applicable to all genders.
IN -WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
ecky Warner
/. ,(a)Z bADj lV ,9
attOmey in fact for Marion Shirley Downer
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
)
The foregoing instrument was acknowledged before me on November 18, 2005, by Becky Warner as attorney in fact £or Marion Shirley Downer.
My commission expires:
Con"nottweahh File No. 0510114
Reim io
Randy Ki,panio5 and Uri C 0
H�am.aiii�5
Rin, CO 16 ` `
DENNA ROOF
NOTARY PUBLIC
STATE OF COLORADO
my commission Expires 00/27/2009
-741
i
WITNESS my hand and official seal
127 East 5th Street
Rifle, CO 81650
NotanLFublic
CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION, 3RD AMENDED
Parcels of Land Situate in the NWI/4NE1/4 of Section 14 and the SWI/4SE1/4 of Section 11,
Township 7 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado
GRAPHIC SCALE
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CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION, 3RD AMENDED
Parcels of Land Situate in the NW1/4NEI/4 of Section 14 and the SW1/4SE1/4 of Section 11,
Township 7 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado
EXEMPTION PLAT NOTES
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LIENHOLDERCONSENT SUEoRDDLATPON AND RELEASE A.. m Fus(1CCRIG4t4J WAYISL mo
eLernprzomt&So eR TliLF!FJrGtmw
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..TLE CERTIFICATE
CERTIFICATE OF TALES PAID
SCALE: 1" = 2000'
SURVEYOR NOTE
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PARCELS OF LAND SITUATE IN THE NW1/4NE1/4 OF SECTION 14 AND THE SW1/4SE1/4 OF
SECTION 11, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
GARFIELD, STATE OF' COLORADO
AKA
PARCELS 2 & 3
CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION
RECORDED AS RECEPTION NO. 579405
AND
PARCEL M
AMENDED CEDAR SPRINGS RANCH SUBDIVISION
RECORDED AS RECEPTION NO. 700076
SCALE: 1"=4000'
OF
I
��-{'ysMy e ._ s 4,.a✓ -.��_-.,...... _
r LORI KIRKPATRICK
f , O KC�[ F 1232 S. CEDAR SPRINGS
: RIFLE, CO 81650
Survey Services, Inc
CEDAR SPRINGS RANCH
DATE: .7,13/ 11
SHEET.' 1 OF 1
PROJECT: 07149-01
DFT, SRB
1'
2177-362-00-345
58
oa6
59
57
07)9
Donald & Linda Ashleigh
oao
Damian C. Ellsworth
033
Schedule No.
R247203
R024511
R007277
R043740
Laura B. Ellis
PO Box 1850
Rifle, CO 81650
Owner's Within 200" of
2403-141-00-081 and
2403-141-00-082
Parcel No. Owner
2403-153-00-046
2403-111-00-025
2403-114-00-065
2403-114-00-080
James L. Rose
PO Box 432
Rifle, CO 81650
Rebjak, LLLP
5957 County Road 319
Rifle, CO 81650
Damian C. Ellsworth
1132 S. Cedar Springs Ranch Road
Rifle, CO 81650
Donald Frank Ashleigh
Linda Lee Ashleigh
101 South Strada Place
Anaheim, CA 93807
Mineral Owner
GARFIELD COUNTY
Building & Planning Department
108 8i" Street, Suite 401
,= Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.partield-countv.com
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Malty Orkikl-Larson
PROJECT: Cedar Springs Ranch Subdivison
Exemption
OWNER: Randy and Lori Kirkpatrick
PreApp DATE: October 22, 2010
PARCELS: 2403-141-00-081, 2403-
141-00-082
ZONING: Rural
COMPREHENSIVE PLAN: Study Area 2, Outlying Residential
REPRESENTATIVE: Barb Clifton
PRACTICAL LOCATION: 1232 S Cedar Springs Ranch Road, Rifle, CO
TYPE OF APPLICATION: Subdivision Exemption Amendment
GENERAL PROJECT DESCRIPTION — The site is located on Cedar Springs Ranch Road, west of
County Road 319. The Applicants own a Subdivision Exemption lot and Parcel M within the Cedar
Springs Ranch Subdivision.
In 2001. three (3) lots approximately five (5) acres in size were created from a 474 acre parcel
through the Subdivision Exemption (SE) process. Two years later, Lot 4 was further divided into
thirteen 35 acres or greater in size parcels (Parcels A -M). In 2007 SE Lots 2 and 3 were combined
through a boundary line adjustment by the Applicants to create one lot. The Applicants now wish to
combine this SE lot with Parcel M to form one lot. This proposal requires the amendment of the
Final Plat Cedar Springs Ranch Subdivision Exemption (see attached plat).
As discussed in the pre -application meeting the review process for amending an Exemption Plat
shall use the Administrative Review Process detailed in Section 4-104 of Article IV to modify the lot
fine. The amended plat shall be presented to the Board of County Commissioners for signature,
prior to recording with the Office of the Clerk and Recorder. (Resolution 2009-53). The lot created
will need to meet the minimum lot requirements for the Rural zone district.
I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS:
• Garfield County Comprehensive Plan 2000 as amended
• Garfield County Unified Land Use Resolution of 2008 as amended
o Article III, Zoning
• Rural Zone District (Section 3-202)
1
o Article 1V, Application and Review Procedures
• General Review Process (Section 4-101)
• Common Review Procedures (Section 4-103)
• Administrative Review Process (Section 4-104)
o Article V, Divisions of Land
• AmendedlCon+ected Subdivision Final or Exemption Plat (Section 5-
306)
• Application MateriallArnended Plat (Section 5-501 (1))
• Description of Submittal Requirements (Section 5-502)
o Article XVI Definitions
II. PROCESS
In summary, the process will be the following Administrative Review Process (Section 4-104):
1. Pre -application Conference (held 10/22/2010)
2. Submittal of a complete Final Exemption Plat Amendment Application
3. Review by staff for Technically Complete (TC) Status
4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing
agencies;
5. Applicant mails public notice;
6. Director Decision date scheduled -referral copies sent to agencies /departments;
7. Staff report preparation;
8. Director's Decision;
9. If approved, the Applicant submits final mytar consistent with approval for signature by the
Chairman of the Board of County Commissioners;
10. The Applicant records the approved final plat with the Garfield County Clerk and recorder.
III. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for additional technical
review
b. Public Hearing: Director
Planning Commission
XBoard of County Commissioners (for signature)
Board of Adjustment
IV. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 300.00
b. Referral Agency Fees: $ (Separate Check, see attached fee schedule)
c. Total Deposit $ 300.00 (additional hours are billed at $ 40.50 /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets
2
standards of review. Case planner makes a recommendation of approval, approval with conditions,
or denial to the appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary
is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right. This pre -application summary is good for six (6) months from the date of the written
summary.
Pre -application Summary Prepared by:
Molly Orkild-1
Senior Planner
Attachments:
n, AICP, REA
Example ADU application.
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RECEIPT/INVOICE
Garfield County
108 8th Street Suite 401
Glenwood Springs, CO 81601-
4 Phone: (970)945-8212 Fax: (970)384-3470
Applicant
Lori & Randy Kirkpatrick
1232 Cedar Springs Ranch RD
Rifle, CO 81650
Return to:
Invoice Number: INV -1-11-20790
Invoice Date: 1/17/11
Plan Case:
Final Exemption Plat Amendment, FEXA-1-1 1-6714
Garfield County
108 8th Street Suite 401
Glenwood Springs, CO 81601-
Memo:
1601-
Memo:
Fee Name
Randys Welding & Trucking Inc. 1232 S. Cedar
Springs Ranch Rd. Rifle, CO 81650
Final Exemption Plat Application
Date Pay Type
01/17/2011 Check
Fee Type
Fixed
Fee Amount
$300,00
Total Fees Due: $300.00
Check Number Amount Paid Change
3678
$300.00 $0.00
Total Paid:
$300.00
aancYs, 6elaiz� & giytekiff, An
12&2 J'6'eda.-J,v�' ganc% el
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TO THE
ORDER OF�fiR.
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Colorado
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FOR F6 A ` Off
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Monday, January 17, 2011
January 25, 2011
Barbara Clifton
127 E. 5`i Street
Rifle, CO 81650
bcliftonpc@yahoo.com
Garfield County
BUILDING & PLANNING DEPARTMENT
Reference: Cedar Springs Ranch Exemption Amendment
Dear Ms. Clifton;
The Building and Planning Department has reviewed the above referenced application, submitted on
January 14, 2011, for technical completeness and have the following comments:
1. It does not appear that mineral owners were provided for the subject property, names and
mailing addresses are required to complete notification pursuant to §4-104 A.4.
2. The application states that the intent is to create one 40.150 -acre- shouldn't that be 46.15
acres?
3. Plat issues
a. The location of Dry Creek is not shown on the plat;
b. The plat should contain a purpose statement — particularly since this is a fairly complex
amendment. This statement could be " The intent of this plat is to describe the combined
area of Lots 2 & 3 of the Cedar Springs Ranch Subdivision Exemption and incorporate the
area of parcel M of the Amended Cedar Springs Ranch Subdivision into a single lot (parcel)
of 46.15 -acres.";
c. If mineral rights are severed the plat will require a note to that effect;
d. Are the easements being created on this plat or were they created by document or a prior
plat? Please update the plat to reflect this information with recordation information or add
to the purpose statement stating that the plat will create easements...
Please provide the above information for further review. Once determined to be complete additional
copies of the submittal materials will be requested for referral agencies — see attached for draft list, and
a date for the Director Determination will set and public notice requirements can be completed.
Feel free to contact me if you have any questions.
Sincer,Iy,
thy Ec stl ,,A1C13
CC. it
Enclosure
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Garfield County
March 8, 2011
Barb Clifton
Barbara L. Clifton, P.C.
127 E. 5th Street
Rifle, CO 81650
bcliftonpc@yahoo.com
BUILDING & PLANNING DEPARTMENT
RE: Amended Exemption Plat — Cedar Springs Ranch
Dear Barb:
The Building and Planning Department has reviewed the additional submittal
documentation for the above referenced exemption amendment. The application has
been determined to be complete and a date for the Director Determination has been
set for April 8, 2011 at which time a decision will be issued on whether the request is
approved, conditionally approved or denied.
It will be your responsibility, as the Applicant, to complete the required notice to
adjacent properties within 200' of the boundary of subject site, required to be sent at
least 15 calendar days prior to the Director's date of decision. Attached is the notice
you will send certified mail, return receipt requested, to those adjacent properties.
Prior to the Director's date of decision the County must receive the proof of mailing and
receipt. A draft notice form is attached, please verify the content and make any
necessary changes as it is the Applicant's responsibility to assure form and content of
the notice is correct.
I am including an outline of the process from this point:
1. The Director Determination is set for April 8, 2011;
2. Six additional copies of the complete application must be submitted for referral
agency review — of those six copies four (4) can be 11 x 17" plats, the remainder
should be 24 x 36" copies of the plat;
3. Notice must be mailed by March 24, 2011 to meet the notice criteria;
4. You will provide the proof of mailing and return receipts prior to April 8th.
5. On April 8th the Director will render a Decision to approve, approve with
conditions or deny the application;
6. The Board of County Commissioners will be provided notice of the Director
decision. The Board has 10 days to review the application and make a request
for a public hearing;
108 Eighth Street, Suite 401.1Glenwoocl Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Far: (970) 384-3470
7. If the time period expires without a request for hearing, the mylar may be
submitted for Board signature and recording.
Please let me know if you have any questions on this process or your responsibilities in
the process. I will look forward to receiving the copies of the applications prior to
March 15th. Please have those delivered to the Glenwood Springs office.
Attachment
Cc: File
2
CERTIFICATE OF MAILING
I certify that on March 17, 2011, a copy of the attached Public Notice was mailed to following by first
ciass'mail, postage prepaid, certified and return receipt in Rifle, Colorado:
Schedule No.
R247203
R024511
R007277
R043740
Laura B. Ellis
PO Box 1850
Rifle, CO 81650
Owner's Within 200" of
2403-141-00-081 and
2403-141-00-082
Parcel No. Owner
2403-153-00-046 James L. Rose
PO Box 432
Rifle, CO 81650
2403-111-00-025 Rebjak, LLLP
5957 County Road 319
Rifle, CO 81650
2403-114-00-065 Damian C. Ellsworth.
1132 S. Cedar Springs Ranch Road
Rifle, CO 81650
2403-114-00-080 Donald Frank Ashleigh
Linda Lee Ashleigh
101 South Strada Place
Anaheim, CA 92807
Mineral Owner
PUBLIC NOTICE
TAKE NOTICE that Randy and Lori Kirkpatrick have applied to the Director of Building and
Planning, Garfield County, State of Colorado, to request an amendment to the Cedar Springs
Ranch Exemption Plat on a property situated in the County of Garfield, State of Colorado; to -
wit:
Legal Description: See Exhibit A attached hereto.
Practical Description: 1232 Cedar Springs Ranch Road, Rifle, Colorado
Description of Request: To combine parcel numbers 2403-141-00-081 (a 36.126 -acre parcel) and
2403-141-00-082 (a 10.25 -acre parcel that is the combined area of
Lots 2 and 3 of Cedar Springs Ranch) into a single parcel to be
described as Tract A of Cedar Springs Ranch, a ±46 -acre parcel.
All persons affected by the proposed Administrative Review to combine these parcels and amend
the plat for Cedar Springs Ranch are invited to comment regarding the application. You may
state your views by letter or you may call the Building and Planning Department at (970)
945-8212 regarding the application. The Director will give consideration to the comments of
surrounding property owners, and others affected, in deciding whether to grant or deny the
request. The application may be reviewed at the office of the Planning Department located at
108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between
the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
The Director will make a decision on this application on Friday, April 8th, 2011. Any
comments to be considered must be received prior to that date.
Planning Department
Garfield County
EXHIBIT "A"
PARCEL 1
A PARCEL OF LAND SITUATE THE SE1/4 SECTION 11 AND IN THE NW1/4NE1/4 SECTION 14
TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NEI/16 CORNER SAID SECTION 14, AN ALUMINUM CAP L.S. NO. 31143 IN
PLACE, THE TRUE POINT 01? BEGINNING; THENCE S89°34'56"W ALONG THE SOUTHERLY LINE OF
SAID NW1/4NE1/4 1303.80 FEET TO THE NORTH CENTER 1/16 CORNER SAID SECTION 14, AN
ALUMINUM CAP L.S. NO. 31143 IN PLACE; THENCE DEPARTING SAID SOUTHERLY LINE
NO0°18'11"W ALONG THE WESTERLY LINE OF SAID NW1/4NE1/4 415.81 FEET TO THE SOUTHWEST
CORNER OF THE CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION AS RECORDED IN THE
GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE DEPARTING SAID WESTERLY LINE
ALONG THE SOUTHERLY LINE OF SAID CEDAR SPRINGS RANCH SUBDIVISION EXEMPTION THE
FOLLOWING SEVEN (7) COURSES:
1.) N89°42' 15"E 250.55 FEET;
2.) N46°02'06"E 387.51 FEET;
3.) N19°51'37"E 489.27 FEET;
4.) N 51°28'07"W 171.22 FEET;
5.) N39°42'34"E 208.92 FEET;
6.) N50°39'08"E 215.06 FEET;
7.) N74°41'27"W 418.67 FEET THENCE DEPARTING SAID SOUTHERLY LINE N46°12'57"E 567.19 FEET;
THENCE S44°10'28"E 346.89 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
361.41 FEET, A CENTRAL ANGLE OF 16°34'SI", AN ARC LENGTH OF 104.59 FEET (CHORD BEARS
S44°00'55"E 104.22 FEET; THENCE N89°23'42"E 106.14 FEET TO A POINT ON THE NORTH -SOUTH
CENTERLINE SAID SE1/4 SECTION 11; THENCE S00°36'10"E 400,39 FEET; THENCE 50.0°37'09"E 1320.60
-EE"TTOTHE-'SUE POINT OF -BEGINNING-.
PARCEL
A parcel of land situate in the NW%.NEY4 Section 14, Township 7 South, Range 93 West of the 6th P.M., County of
Garfield, State of Colorado, said parcel of land being Parcel 2 and Parcel 3 of the final plat of Cedar Springs
Ranch Subdivision Exemption as filed with the Garfield County Clerk and Recorder's office as Reception No.
579405. Said parcel of land being more particularly described as follows:
Commencing at the North %4 corner of said Section 14, an aluminum cap LS No. 31143 in place; thence South
00°18'08" East along the center section line of said Section 14 a distance of 133.20 feet to the TRUE POINT OF
BEGINNING; thence departing said center section line North 83°09'10" East 569.90 feet; thence South 51°28'07"
East 171.22 feet; thence South 19°51'37" West 489.27 feet; thence South 46°02'06" West 387.51 feet; thence South
89°42'15" West 250.59 feet to a point on said center section line (whence the North center 1116 corner of said
Section 1,4, an aluminum cap LS No. 31143 in place bears South 00°18'08" East 415.81 feet); thence North
00°18'08' West along said center section line 769.20 feet to the Point of Beginning.
GENDER: COMPLETE TINS SECTION
• Complete Items 1, 2, and 3. Also complete
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SENDER: COMPLETE THIS SECTION
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SENDER: COMPLETE TITS SECTION
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■ Print your name and address on the reverse
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REFERRAL FORM
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
Date Sent: March 16, 2011
Return Requested: March 31, 2011
File Number/Name(s)
Project Name(s)
Type of Application(s)
FEXA6714
Cedar Springs Ranch, 3rd Amended
Exemption Amended Plat
Staff Planner: Kathy Eastley keastley@garfield-county.com
Phone: 970-945-8212
Nngineering (Mtn Cross)
Applicant: Randy and Lori Kirkpatrick
Phone:
Contact Person: Barbara Clifton.
Phone: 625-2410
Location: 4 miles south of the Garfield County Airport on the west side of CR 319
Summary of Request: Combine two parcels (36 acres and 10 acres) to create a single 46 acre lot through an amendment
to the exemption plat
The Garfield County Planning Department has received a land use request as referenced above. Your comments are
an important part of the evaluation process. In order to review all appropriate agency comments and incorporate
them into the Staff Report, we request your response by Thurdsdav, March 31, 2011.
GARFIELD COUNTY
Office or Division
OTHER
Number or Detail
,Road & Bridge
X 11 x IT'
Nngineering (Mtn Cross)
X 24 x 36"plat
.1ttorne�
X11x17
Surveyor
X 24 x 36" 7_,(, R:\10
i__. 'eWCZ
'"1Vegetation Manager
X 11 X 17"
COLORADO STATE
LOCAL/FED GOVT
EN 1 1 1 thS
City of Ride
X11x17"
DISTRICTS/SERVICES
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