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HomeMy WebLinkAbout1.0 ApplicationEDWARD MULHALL, JR. SCOTT BALCOMB L4WRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L, GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE BALCOMB & GREEN, P.C. ATTORNEYS S AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENSVOOD SPRINGS, COLORADO 81002 TELEPHONE: 970.945.6545 FACSIMILE: 970.945.8902 www.balcombgreen.com September 1, 2010 Mr. Fred Jarman, Assistant Tanning Director Garfield County wilding and Planning Department 108 8th Street, Ste. 401 Glenwood Springs, CO 81601 Re. Divide Creek Farm, LLC Final Exemption Plat Amendment Dear Fred: KENNETH BALCOMB (1920-2005) OF COUNSEL: JOHN A. THULSON via hand delivery On behalf of Divide Creek Farm, LLC, the Applicant, I provide herewith for filing with your office the original and three copies of the following: A. Final Exemption Plat Amendment application form together with a Payment Agreement form; B. Narrative statements of final exemption plat amendments; C. Warranty Deed vesting title to the subject property in Divide Creek Farm, LLC; D. Statement of Authority for Divide Creek Farm, LLC; E. Authorization to the undersigned executed by Divide Creek Farm, LLC; F. Resolution No. 2005-79; G. Exemption Plat for Record Ranch Subdivision; H. Garfield County Assessor maps; and L Property owners within 200 feet and mineral owners of the subject property. I have also provided herewith a check made payable to the Garfield County Treasurer in the amount of $100.00 which I believe is the applicable application fee. As set forth with the Narrative Statement, this application is to merely correct an obvious scrivener's error contained within the authorizing resolution, Resolution No. 2005-79. I was unaware of any other procedure under which this correction could be effected. I believe given that this application merely corrects an obvious error, the administrative processing procedures are appropriate. This is another matter I believe we could discuss at our planned conference this Friday. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mr. Fred Jarman, Assistant Planning DirectorGarfield September 1, 2010 County Building and Planning Department Page 2 Should you have any questions or concerns regarding any of the above, please feel free to contact me at your convenience. Very truly yours, Enclosure Cc: Divide Creek Farm, LLC GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Divide Creek Farm LLC > Mailing Address: 10031 County Road 311 Telephone: ( ) 9 City: Silt State: CO Zip Code: 81652 Cell: ( ) ➢ E-mail address: FAX: ( ) > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Timothy A. Thulson, Esq. of Balcomb & Green, P.C. 9 Mailing Address: 818 Colorado Avenue Telephone: (970) 945-6546 • City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( ) > E-mail address: tim@balcombgreen.com FAX: (970) 945-8902 > Street Address / General Location of Property:10031 County Road 311, Silt, CO ➢ Assessor's Parcel Number: 2401-231-00-276 • Size of Property (in acres) as of January 1, 1973: 145.710 9 Current Size of Property to be Subdivided (in acres): 120.314 acres > Number of Tracts / Lots Created Including remainder of Parent Property: 3 9 Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 3 containing 120.314 acres o Lot #: 2 containing 14.619 acres o Lot #: 1 containing 10.777 acres o Lot #: containing acres o Lot #: containing acres 9 Property's Zone District: A/R/RD ', GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com • MINOR [2 LOT] EXEMPTION ❑ MAJOR [4 LOT] EXEMPTION ® FINAL EXEMPTION PLAT AMENDMENT 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". II. 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 1 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 stateme above and have provided the required attached information which is correct : r d .0 ate to the best of my knowledge. BALCOMB, G �•+, '.C. By: i% cit oth ulson, Attorney for Applicant Date 7 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review 1 Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate ■ Planning Director $50.50 • Senior Planner $40.50 ■ Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Divid . Creek Fawn LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Final Exemption Plat Amendment (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. PROPERTY BALCOMS •G�� T%thy A.ron, Attorney for Applicant ER( AUTHORIZED REPRESENTATIVE) P.C. 7 -1d -req Print Name Mailing Address: 81§ Colorado Avenue Glepwood Sorinus. CO 81601 Page 4 NARRATIVE STATEMENT TO FINAL EXEMPTION PLAT AMENDMENT The basis for this Amendment is to correct a scrivener's error within Resolution No. 2005-79 which conditionally approved the Record Ranch Subdivision Exemption and was recorded as Reception No. 684006 in the records of the Clerk and Recorder for Garfield County, Colorado, on September 25, 2005 (Approval Resolution). The Approval Resolution required that a 25 foot wide access easement to Lot 3 be provided as extending from County Road 311 when, in fact, under the approved Exemption Plat above -referenced, as required by onsite conditions and as in fact constructed, said access way was platted and extends from County Road 343. In accordance with the above, Applicant requests that the Approval Resolution, specifically paragraph 2 thereof, be amended to correctly reference County Road 343 as opposed to County Road 311. Both the above -referenced Approval Resolution and Final Exemption Plat are provided herewith. 1 Ri4b1 12/U1/2UUV (ii:M:6E) ANI I• 'age 1 or 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $69.00 eRecorded III 11111 II 1111111111 11111 IRIIII Warranty Deed (Pursuant to 3B-30-113 C.R,S.) State Documentary Fee Date: November 20, 2009 $ 69.00 THIS DEED, made on November 20, 2009 by DOW RIPPY AND KATHARINE RIPPY Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($690,000,00) "cif* Six Hundred Ninety Thousand and 00/100 s'" dollars in hand paid, hereby sells anti conveys to DIVIDE CREEK FARM, LLC Grantee(s), whose street address is 10031 COUNTY ROAD 311 SILT, CO 01652, County of GARFIELD, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit', SEE ATTACHED "EXHIBIT A" also known by street and number as; TBD LOT 3 RECORD RANCH SUBDIVISION EXEMPTION SILT CO 01052 with all its appurtenances and warrants the tide to the same, subject to general taxes and assessments for the year 2009 and' subsetears, and subject to all Items as set forth on Exhibit "B" attached hereto and incorporated herein ROW RTPPY KATHARINE kJPL'Y State of COLORADO ) 55, County of GARFIELD The foregoing insniirnent was acknowledged before Inc out this day of November 20, 2009 by DOW RIPPY AND KATHARINE RIPPY Nota lic My c - issian expires Recorded Return to: DIVIDE CREEK FAIIM, LLC 10031 COUNTY ROAD 311 SILT, CO 01652 •ANICEi tC.1t'+r,;;:i.,.i J L. u NOTA', ! P LII" ; STATE c :: CO.,',:t' ,,00, . Form 13082 0912008 wd.opewt.odt Warranty Decd Open (Photographic) CW63004755 {8904771) PHI land Title ,iv,,.. t„w.On 778461 12/01/2009 Q8:3F3:36 AM Hage 2 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $69.00 eRecorded EXHIBIT A A PARCEL, OF LAND IN THE NE1/4 OF SECTION 23 AND IN THE NW1/4 OF SECTION 24, ALL IN T. 7 S, R. 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD (AUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE QUARTER CORNER COMMON TO ABOVE SAID SECTIONS 23 AND 24, THENCE N. B9 DEGREES I1' 47" E. AND ALONG THE E/W CENTERLINE OF SAID SECTION 24 A DISTANCE OF 1022,07 FEET; THENCE N 02 DEGREES 09' 00" E. AND FOLLOWING A WIRE FENCELINE A DISTANCE OF 396.26 FEET; THENCE N. 15 DEGREES 40'30" E. AND CONTINUING ALONG SAID WIRE FENCELINE A DISTANCE OF 202.68 FEET; THENCE N, 03 DEGREES 20' 51 " E. AND CONTINUING ALONG SAID WIRE FENCELINE A DISTANCE OF 311.48 FEET; THENCE N, 01 DEGREES 35' 09" E, A DISTANCE OF 456.41 FEET TO A POINT ON THE NORTH LINE OP THE SW1/4NW1/4 OF SAID SECTION 24; THENCE S, 69 DEGREES 31' 14" W, AND ALONG SAID NORTH LINE A DISTANCE OF 1385.21 FEET; THENCE N. 00 DEGREES 11' 48" E. A DISTANCE OF 1286,61 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 23; AND FROM WHICH POINT THE NE CORNER OF SAID SECTION 23 BEARS N. 89 DEGREES 09' 15" E. A DISTANCE OF 267.43 FEET; THENCE S. 69 DEGREES 09' 15" W. A DISTANCE OF 1135.53 FEET; THENCE 5.00 DEGREES 01100" W. A DISTANCE OF 1236.06 FEET; THENCE S. 89 DEGREES 10' 48" W. A DISTANCE OF 343.65 FEET TO A POINT IN A FENCELINE; THE FOLLOWING TEN (10) COURSES ARE ALONG SAID FENCELINE; 1) 5 03 DEGREES 19' 57" W. A DISTANCE OF 38.67 FEET; 2) S. 83 DEGREES 09' 52" E. A DISTANCE OF 42,65 FEET; 3) S. 10 DEGREES 26' 10" E, ADISTANCE OF 57.20 FEET 4) 5. 21 DEGREES 58' 00" E. A DISTANCE OF 93.69 FEET; 5) S. 10 DEGREES 25' 32" E. A DISTANCE OF 27,03 FEET; 6) S. 02 DEGREES 25' 46" E. A DISTANCE OF 574,42 FEET; 7) 5 21 DEGREES 51' 47" W. A DISTANCE OF 312.23 FEET; B) 5. 07 DEGREES 09' 00" W. A DISTANCE OF 182.30 FEET 9) S 01 DEGREES 45' 30" E A DISTANCE OF 59.01 FEET 10) 5. 12 DEGREES 22' 45" E. A DISTANCE OF 109,29 FEET TO A FENCECORNER IN PLACE; THENCE N. 8B DEGREES 52' 45" E, A DISTANCE OF 1736,40 FEET TO THE POINT OF BEGINNING. A/K/A LOT 3 RECORD RANCH SUBDIVISION EXEMPTION ACCORDING TO THE PLAT RECORDED OCTOBER 10, 2005 UNDER RECEPTION NO, 684006. COUNTY OF GARFIELD, STATE OF COLORADO Form 13082 0912008 wd.r,pen.ndt Warranty Dred Open (Photographic) CW63004755 {8904771) rt b1 11/U1QULJ Hive rage ,s or 44 Jean Alberico, Garfield County, Colorado Rec. Fee: $26.00 Doc Fee: $69.00 eRecorded EXHIBIT B Property Address: TBD LOT 3 RECORD RANCH SUBDIVISION EXEMPTION SILT CO 81652 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY Oh' THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED March 15, 1900, IN BOOK 12 AT PAGE 537, RECORDED JUNE 14, 1894 1N BOOK 12 AT PAGE 326, AND RECORDED SEPTEMBER 28, 1944 IN BOOK 213 AT PAGE 203. ALL MINERALS AS RESERVED IN PATENT RECORDED SEPTEMBER 28, 1944 IN BOOK 213 AT PAGE 203. MAPS ANI) STATEMENTS DFTHE FOLLOWING; 1)E.E, BETHELL DITCH RECORDED AUGUST 1, 1885 IN BOOK 10 AT PAGE 102 AS RECEPTION NO. 1735; 2) DIVIDE CREEK DITCH, RECORDED OCTOBER 4, 1887AS RECEPTION NO, 5373; 3) DIVIDE CREEK IRR. DITCH RECORDED NOVEMBER 4, 1885 IN BOOK 7 AT PAGE 357 AS RECEPTION NO. 1962 AND 4) EWERS DITCH RECORDED JANUARY 6,1906 AS RECEPTION NO. 31440. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN WARRANTY DEED RECORDED APRIL 3, 1989 IN BOOK 751 AT PAGE 525 AS RECEPTION NO. 400209, OIL AND GAS LEASE RECORDED OCTOBER 30, 1989 IN BOOK 765 AT PAGE 999, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN OILAND GAS LEASE RECORDED JUNE 28, 1991IN BOOK 807 AT PAGE 412, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN TERMS, CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED April 07, 1993 IN BOOK 858 AT PAGE 758 AND AT PAGE 760. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH INAPPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED September 01, 1996, IN BOOK 1148AT PAGE 604, TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SURFACE USE AGREEMENT RECORDED December 04, 2002 IN BOOK 1413 AT PAGE 866. Ficin !3100 08/2008 b2exhibit.tscnuw.odt GW63004755 (8904768) i Ri4bl 1 IADUV Hive rage 4 or 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $69.00 eRecorded EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED JUNE 15, 2001 IN BOOK 1261 AT PAGE 467, RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED September 14, 1993, IN BOOT{ 1088 AT PAGE 538 AND AS AMENDED IN INSTRUMENT RECORDED September 01, 1.999, IN BOOK 1148 AT PAGE 601. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IFANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, FIANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; AS CONTAINED IN INSTRUMENT RECORDED October 01, 1998, IN BOOK 1091 AT PAGE 250. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN PIPELINE AND RIGHT OF WAY GRANT RECORDED MAY 16, 2003 IN BOOK 1470 AT PAGE 710 AND RERECORDED MAY 29, 2003 IN BOOK 1474 AT PA GE 257, AND AMENDED IN INSTRUMENT RECORDED APRIL 1, 2004 IN BOOK 1573 AT PAGE 770 TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS EASEMENT RECORDED J»ne 03, 2005 AT RECEPTION NO. 675491, EASEMENTS, RIGH I'S OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF RECORD RANCH SUBDIVISION EXEMPTION RECORDED OCTOBER 10, 2005 UNDER RECEPTION NO. 684006 TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO, 2005-79 RECORDED October 11, 2005 IN BODIC 1734 AT PAGE 605, ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OFFENCE LINES AND THE EFFECT OF' ANY RL. 7, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY., Form 13100 08+2008 b2exhibit,escruwodt GW03004755 (8904768) STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Divide Creek Farm LLC, a Colorado, limited liability company, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Divide Creek Farm LLC and is formed under the laws of Colorado. The mailing address for the Entity is 10031 County Road 311, Silt, Colorado 81652. The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Robert D. George as Manager. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this 2125 d f e- 2Trt 010. ay0 , l . Signature: Name(typed or printed: Robert D. Geo Title (if any): Manager STATE OF COoat_ do r�r }SS. COUNTY OF V v~r +Q. f C vd r�� � The foregoing instrument was acknowledged before me this 2 3 day of 2010 by Robert D. George, as Manager, on behalf of Divide Creek Farm LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: [SEAL] 05/09 (Notary Public) CLAr MM COLEMAN NC r PUBLIC B7c• COLOR LY,,�..� My Curro,o soon Expires 04/14,2012 DIODE CREEK FARM LLC 10031 COUNTY ROAD 311 SILT, COLORADO PH: March 15, 2010 Geld County Building and Planning Depart„ rent 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Garfield County Application for Final Exemption Plat Amendment Dear Madam or Sir: With this letter we hereby authorize Timothy A. Thulson and the law firm of Balcomb & Green, P.C., to submit and pursue the above -stated land use application for Divide Creek Farm's property. Thank you for your consideration of this application. Very truly yours, DIVIDE CREEK FARM LLC, a Colorado limited liability company By: ` — D. Robert D. Geor 11111 111111 II1111111111 III 1111 11111111 III 11111 III11111 684057 10/11/2005 09:33A 81734 P605 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIEL.D COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners forGarfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 10th day of October, 2005, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2005-79 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, Dow and Katharine Rippy petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 145.710 acre tract into three (3) tracts as legally described on the Record Ranch Subdivision Exemption Plat with Lot 1 having 10.777 acres, Lot 2 having 14.619 acres and Lot 3 having 120.314 acres; and WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (A/R/RD) zone district and is also located in Study Area 11 of the Comprehensive Plan of 2000 in an area designated as "outlying residential"; and WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, 1/ 111111 11111 1111111 11111 ill 11111 1111111 III 111111111 1111 684067 10/11/2005 09:33A 01734 P606 tt ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proper public notice was provided as required for the hearing before the Board of County Commissioners; 2. The hearing before the Board of County Commissioners was extensive and complete, all pertinent facts, matters and issues were submitted, and all interested parties were heard at that meeting; 3. The above stated and other reasons, the proposed Exemption from the Definition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; and 4. The application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. The application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW THEREFORE, BE IT RESOLVED, that the division of the above described 145.710 acre tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of the "Lots 1,2 and 3 of the Record Ranch Subdivision Exemption", as are more fully described above and that a copy of the instrument or instruments of 1 111111 11111 1111111 1111 111 11111 111111 111 11111 fill 11111 684067 10/11/2003 09 33A B1734 P607 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO conveyance when recorded shall be filed with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been completed. 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. The Applicant shall be required to provide a 25 ft. wide access easement from County Road 311 to Lot 3, to be defined and depicted on the plat 3. The applicant shall have 120 days from the date of this approval, to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. That the following plat notes shall appear on the Final Plat: a. No further divisions by Exemption from the rules of Subdivision will he allowed. b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in arty dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. e. Colorado is a "]tight -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. AlI must he prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to Learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield 3 • 1111111 11111 1111111 11111 111 11111 111111 111 11111 1111 1111 684067 10/11/2005 09:33R B1734 P608 M ALSDORF 4 of 4 R 0.00 D 0,00 GARFIELD COUNTY CO County. g. One (1) dog will be allowed for each new residential unit within the subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. Dated this 10th day of October, 2005 A.D. ATTEST: J, lJ ,_ tr •� 1 . 1 • t"~ 441-6(2411)ztli_ erltrifi Bow 1 1 "+ Uptii1 motion duly made and seconded the foregoing ' esolution vas adopted by following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, CO ORADO Chairman COMNIISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield , Aye , Aye , Aye I, , County CIerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, T have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2005. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 0 z 0 0 w cr 8&� t F7 4 Dill t fll:i 3g si t II 1 • e09[a6 •1 11 a iisjiiie_F2Fi riiAlsgi!i; eT Fsg. , A, .5.• ;Ati.s=-Cxr{?Fi.z•x- ^f1 I r r t ;t,srs v- s4 ir,1 F 4�tr.^.. ie y s a. R�YC.}.: i �:Fg�s;j 3 F_hF S.11x tq.41t ,Y 3 1 si Y. 11 srr 1 1;3 113 £s� 1 ff 111 134 e{ ,� f! j `411-11f }} rs,1. { Si3'It'"F —�3 ae fE 3 [l1; t! f Ij'•r i4�i Y:i•#!'F•f I. zff 3F 63 LF 3-{_fp?_•!•i tfi.Iidi'13+ d[e,ei:e$.? a a:3i333dfith;.3 J rt 11 • Z <_,_� _ ma Y,rvw!w cn-a,-roar, 5 11 S a a, m i��� as- ¢ 0IF is 9 _ - -- ffi ® _ Q __ ‘r - -- 8 1 liL ®. 1Iialkg.i _ 0 ° 1W®__1 ®linalbligh° 0 ® 1111 �� 1, to ° i ® ® 0 ® � 1 ® ° air s �7 80 aro .xnc 0�,° �,�n„ 0 .1 ® ® ® .. 0 Eff R ®® 0 ® FAME' 118 �f R ° 0� a ® o 0�0 0 ® ® 0®0 0�� 0 ' e 0 011 eo P&I. ® - 0 0 ® bilibi ®il e ® 8 ®®"® '' pe ® rem- ®'1 0 �� In 0 ::1 ) 0 iii! 0„. U Y_\i� - s -a ' 4 � ....WAMPUM ° i lli V V 4-yp.a „„ i0 _ Me @ M_1. ® 'PPM O O $ S 1 0 0 ® °s a ® ..... ®5S 0 n e _ O S Ilk 0 - 0 ,m -00-„,-6,K coin ,I,IoIYY H CYfl 8,8,808Y 7.7S. - R.92W, 2399-192-00-003 2399-193-00-092 c 05 m CO bA 0 PROPERTY OWNERS WITHIN 200 FEET AND MINERAL OWNERS Garfield County 108 8`h Street, Suite 213 Glenwood Springs, CO 81601-3363 ' Christopher Eckhardt 10339 County Road 311 Rifle, CO 81650 , /MMitchel A. and Sanja R. Morgan 10441 County Road 311 Silt, CO 81652 Robert D. George 10031 County Road 311 Silt, CO 81652 Mark and Lisa Balcomb 10879 County Road 311 Silt, CO 81652-9631 Balcomb Land & Cattle LLC 10879 County Road 311 Silt, CO 81652 y West Divide Ranch LLC 2785 County Road 344 Silt, CO 81652-9666 I/Vyndham G. and Sally M. Hannaway 3055 10th Street Boulder, CO 80304-2521 ,ICJ&D Rifle Properties, LLC 1010 Pritchard Mesa Court Grand Junction, CO 81505 ktregory G. and Victoria D. Sharer 330 County Road 342 Silt, CO 81652 McCray Ranch Company Ltd. 511 County Road 324 Silt, CO 81652-9648 Cynthia Layman 1281 County Road 342 Silt, CO 81652 .odd Hubbard 1009 County Road 327 Silt, CO 81652-9818 Dines H. and Kathy Toomer 3000 County Road 342 Silt, CO 81652-9693 Edward D. and Cari M. Holland 979 County Road 327 Silt, CO 81652 Piergiorgio and Linda Rivera 975 County Road 327 Silt, CO 81652-9691 Harmon and Margery Dupew c/o Virginia Dupew 241 County Road 311 Silt, CO 81652 Arta Wray Karma Jones Kenneth Hulslander P.O. Box 1018 Hayden, CO 81639-1018 Dian Webster Geist Brian M. Geist Irene E. Webster 900 County Road 342 Silt, CO 81652-8604 ,,,Susan D. Myers 884 County Road 327 Silt, CO 81652 Bryan K. Dexter 33 County Road 342 Silt, CO 81652 Ronald J. Rogers 1875 Century Park East, Suite 200 Los Angeles, CA 90067 ;,•West Divide Cattle Company LLC 2785 County Road 344 Silt, CO 81652-9666 9Ce1419 04-315 nedne4 sae. here. as bed. on Sewell" tweCmmhr and u. hens to beat Poe hoeµol !!. 23 Wm TMd VICINITY MAP NOT TO SCALE O 100 200 300 400 ▪ SCALE 1' - 700' LEGEND . NC94R L [AO L.£ 11111 rn4. 3' 49. s/3-1/2' Alum Pipe awe cap ado. road wk. Slopped P.ts 10071 CenNd gatemen' 503'19'57 39 67' Parcel maned by MoCr y Ronch Company Ltd. lb line Srelkn 13 Nath lin. Seello7 23 5119'112'15'"g Tic 55409'1r N. 1263.01 Parcel awned by Jana Reed 4666 Co. Ad. 311 5211, CO 61652 583'09'52"1 42.85' 510'25'30 'HAWS 01LC'4 591'4S'30`1 59.01' 27.03' 569.1 0'48"W 4 _.51076.10"E 51.20' 571'56'001 93.119' »+y U m O m m 0 5 5 1 Reba 6 ['p 10071 Fna I A cop L.i. 10071 1135 53' Y ) a ou owe.ndshrr 'Arulole 1y (.[,slur from the rules 0r Subdivision enc be Is No .pen r'•• 4r 4h so0d-Fu2 rho/places places . a allo.10 any.lrre 01116P on aeeploy r. 110 Ili .4. send -fold bwnWa.ta a vs 0036)., by CRS 25-7- 461 el, rvq, en, Ile reheat/ens l4ron,vited tin/tondo, .b be abode* 6n ion dash., whit All d.ollM writs .1, 61 •)1070. n weer I kteo nne.ber o / rotund Vat burning slaves and apywnrel e- 0)) rw lerw.r )!emirs .Y be the wawa •nadt nese o,'A.I.11fku resee4 [urn p0avhlml naay downward ea far sat t F cher! *us0 teras tier property bawd.sied. Y woo, 0 Colorado b a 'WIght-m-r.rn• Stale nt Ih 68.5 05-3-101. et seri ton r.tarnts ave 0,3Pe 0.,'. st 63 ea perl0 a400p4 r urllleo, sluh es,. sopa. and swells of Garfield Ca.ti1 aprtdtnerul fstrung e. won 014ra[Rr and necessary healthy rof6hh r banr s.) out b nth . reh47104 to encounter n ee. odor, 1113510. nue, sector .Andke 6414,0[411. nacldnerry un pad. ruaascl1ren ck on p,hlk rases. storage ono diSonsal O 2 n5v. e, ono the 40001 tion by lorey610 or atner., • Of [Menke) • dllcere. set anmdnents, h0 p.re0, ono eslakes, 0114 one or are of which nay ...Fehr o[s as a Pert of a Iedw1 and nun neallYent n agrkd.,rut operations err r Ali w Or lona, .helper ranch r rVdence, fore 0101. ons won er%teten(. and County controllingregulations .Ith regard 10 the aalnl wnan3e of afem.. irrigation d weeds- ke'I..% , .70 00 4. Pats 64406 Ind, rc ereorrty h atcerdan[e nthhooneV, and other os0d[t0. or hung and a ht hay proorrt. 0essdents laeldd3.rs .rr 0ncop deo e n yah (nese rights one respond/mars0,end acs as good nrlf'bars and Wizens f the County- a e.tl htra0.[tdo aoveew par ouch hruneltn h A Guide to gown CMnp 4 Snell Sun. AYbd.,ri put out by ler Color as St 1 University Cetens'Pince Garnett,Garnett,un Garnett, Coty O r( Of coy el ee.ea for each nee resident., prat . oen the td. 00002 r.eralrn era the ko shalt be remnant. to to cunt.yd toss ar s Properly to.dories 098'52'4YI 1736 40' V b throne l Cane Saab., 24 Num. Poe 4 Cap rgkd N.umenl n( 54699'15'41 057,45 ela Parcel owned by Rohde) Castle 514 E. Aspen, CO Are. S89'A'tl`W ' ECCE D A\CH SU3DIVISION EXE Onglnat Property Description A treet eF lend In 506110.1 23 and 24. foens1p 7 South, Range 92 Vest of the 6th Y.N. In Cor1'Ie%d Coonty, Colorado, and befg rare particularly deSerkied os Follows. 6eglnnlrng et o point 001 the westerly right -of -coy Ilse of County Rood Nu. 311 lOwfde Creek Rood} , and rron .hne, punt the Guar ter Corner c n to sold Sections 23 and 24. bears 5.&Tiro7"v 5 6114(40 uF 166459 feet) thence 1427'5625'E. and along said westerly rlgh1-or-say the o distance of 3017 reet, the (04)00ng ten CIO) courses are along saki .1451er1y nght-af-.ay line, 44 19.25'37-23'F. distance of 11973 Fret, 2) 41.19'48']9'3. dlsl0n[e of 85.12 Feet. 3) 1.11'55'25'1 dlstonce 0r 134.41 feet, 4) 1401191311.9'E. distance of 23704 Feet, 5) N.22'51119'E. dst6Me of 74.68 feet; 61 14.40'51'13'E. distance of 91.10 Fret, 7) 1334'24.41'[. distance of 19197 Feet, 8) 1.16'2815'1,. distance or 90.72 feet: S) N.13'4912'C. a dlstonce of 431.43 Feet 10) 1.12'21'15'1. o distance of 42.21 Feet, thence teasing sold westerly right -of way line, 5.b9'31'21'V. o dlslanCe of 2369.36 Feet: thence N00'11'49'E. a distance of 1286.61 feet 10 a punt en the North 11ne o f saki Secllon 23, thence 5,09'0515'W and along said North the a distencr OF 1135.53 feet, then South a distance of 123606 fret thence S_89'11'48'V. a distance or 343.6' (eel la a pent in 0 fencellnel the Fulleeng ten 410) courses 114 Wce Ong said ft 1ne' 043.19'57'04. 04510360 of 36217 fent 2) 5.83'69'52'1. distance of 42.95 Feet, 3) 5.10'26'10'(. 1014Doer of 57.20 Feet, 4) 5.21'58'00'1. ascan[, of 9189 Feet, 5) 3.10'25'32'3 ditance of 27.03 Feet; 6) 902'25.46'C. distance of 574.42 feet, 7) 321'51'47'0f. dlstonce of 31223 Feel, 6) 007'49140'V. distance err 182.30 feet, 91 3 01'45'30'(. 0S tenet dF 590) Vert. 101 0.12'22'45'1. distancer 109.29 feet to o Fence corner, thence N.88'S2'45'C, o as once or 1736,40 Feet to the urn -thee 0uorter Corner connun to Sections 23 and 24, thence N.69'I1.47.1. o dslonce or 166459 fret to the P aint of Ileg10nh n. 600101.04 145'71_ cref Harr or irss. 449`11131" 944 15' V1PTIO\ Cut 1, Recrd Ranch Suh,lvlsion C11e0W't10n A purl 1') of land tea the 614/4 or Section 24, f.7 S., 11_92 V- of the 6th PM W 60,1)3)0 County. Colorado, and being none partIClrlariy 405[3160.) as fellers Osi of d 40 Creek Rend) frons which the VestGA a pont on the srly OOuartttrt Corner fVe aid 5ectbn 24nty 4 bears 711 Myth" 3.56.4514•V. a chlor[, of 251878 rest, (hence Follo.Mrg the westerly right -02 -way line 00 3004 County Road No. 311 the F61)0.ng three 41) coarses' 11 0 l/'21'45'V_ a 45lan6e of 4221 Feet, 21 51 i'49'12'41. a dstence or 431.43 Fret, 3) Sit:28'15'V_ a dlitence or 53.78 feet, thence 10,10)019 SOO eeStarly rtght-of-aly One and fallowing a ferKe)Ine Mang the northerly Skit of an .0151914 drWeway 5.39111C[5'V. o distance of 11.25 Feely thence 5.55'1117'V. and continuing along 1010 Fencel6T.• 0 distance of 117.77 Feet1 thence 339'13'0l'3/. 0310 ca tinteng along said fence11ne a [Potence of 118.32 feet, thence S.74.29'06'41. and continuing along sold fencelwie a distance of 15.80 Feet, thence having 1010 fencetlne. N06'00'22'C. a &stn''.• ea 170.70 feel, thence N.85'55'29'W. 0 .45tenre of 695.35 feet) thence N01.35'0'I'C. u distance of 45641 feet to a polni on the North Ilne of the 3121/4NV1(4 Said Section 24, thence FWlualn9 Sold North One 509'31111.6. a distant, of 964.15 feet to the Point. or Beginning Cent0lning 10.777 acres none on less. POINT OF BEGINNING LOT 2 LOT 3 120.314 AC. .Nell. Pips w/3-1/3' CW sin Cererso..101 23/24 award e,.wa.l Pawl d le d 061.... Read 27 4665)1 0000 01.1391 1104 access access to kat 3 14 provided by an ..!ding road, on ecrnterine uF ]inch )s dv,vbea es hepvwny et tan Seellen Corner c W Sr tone 27, 24. Mara 26 4n 4.7 S. 4.92 Y. of ilr dlh Pit In 3)0.Garnett 1,48), edarwd6 4 Canner bona an sin Canty Rawo No. 345 to n Rood11 thence 41 1.23'40V • sescan.ce of 361102,0 Ooto a pont v Ow c-peren127)ecliV of w e4strie road. theme alo-y said [enterw,e the fd,aewnq teent06-546 1. )1.49.26'44.C. 1291 fret to a y.,b.t un ue Vest line et own Swollen 24 2 164920441(. 1259 feet 5 5.7130'49'1. 9902 feet + 44803654'(, 54.47 r*rt 5, 13605741'3. 6456 feel / Ne5'38.41'C. 109:97 feet 7. 604'43'35.0 300.96 rest 8 103.45'04'V. 220.27 fust 9. 062.56.4 0.1 289.57 reel 9. 115'4612'0. 9116 2044 6. 14.47'31'11.0. 99.11 Feet 2. N.67'49')9'3. 131.01 fret 3 1.77'39'81'04 41.79 Fret to a pent on the West IM of ley Suchen 24 4. 19,17.39'01',3. 9514 feet 5 0.35')9'4)'V. 6346 fret 6 1.910.6'4742 11510 feet 7. 101'11'004 205 44 feel 4 1110.57'29'E 72400 feet 5 11.11.4w54.1. 54'1. 19995 feet is 0 porn on 461 Vest the or and Section es 70. 031435440. 414.91 r et 21 N1f 419'( 22463 Feet 22. 016 58')01 13759 1101 23. 031 63441 71.2 feet 24. 564.117'33.Y. 11427 feet to a pont on tin Vest IVH or 441.1 Sw4tyn 34 25 toitualigry. 1988 fret 26 04.52.3318•14. 232.te rhea 21. X344951 Y. 5894 feet to t on Our forth on. of the SCC./4 or sokt lecaon 23. the Puht oF f 03,00and n ansit the 0 Corner cannon la Sectwm 21 ana db revs 069 5..454 a dstcnce of 232.411 fret 1355.21' LOT 1 2 10.777 AC. h N LOT 2 14.619 AC. z6''/ 75 19/0 7 181 171 16^1 15'` • 14 PONT OF BEGINNING LOT 3 N0911'4 7 -C 18- 11'47-6 1022A7 642.52 24 - TIE: 669'11'47'W ------- 1664 59' /,22 73 21 '20 904)3' ACCESS WOAD Nat 10 SCALE 13 12 11 67 torn et 64glndnq al aa Rowe SC Cone Seckw 1), on 0. County hood 313 sit. licensee to or of Ca 00. eby 1tr4.- eronMI p d vdescribed Q..re Rha pod anon nd 4r ere - r r ofCND p.A a lance nth h< 00 of 1984 w St.t lh on the pubes. as t ineny liens. [ ti s 0.046 70 h Conte, Sutdestn NVwdtlons 00l0r4s n. and no seal 0 the County of Gar el Attest/ CLEE&.280 BEEDRIER'S' 31601612 14 DIN )dal mos (Sed For record 10 the Office of the GpIerN oral 101Carder of Garf730 County of 2;vrQjtlock /An - ID l.°F. ga.e is Wly r Corel 8004Fud4.K#cp At les v(4yf; `J� ey Cheek d a� 0 2 91271'15`W 42 21' 44110'20'19'1 53.78' 416'28 44'E�' 44.94°L 4434'24.44.6 101.97' 0'53'13"C 91.10' 622'51'09'E 74.58' eat-SEBLE L I 538'08'75"W 11 75' L2 555'1117"W 117.77' L3 53973'00"19 118.32' 44 51470'06"W 1580' 4111'55'25"E 134.41 6I9"49'3901 65.17' N25'37'23 -E 119.73' Feb 1/4 Cana Shen eat 3. 4laneed els 10671 Caned 000.08(4 tat 2, Record Ranch Subdivision Fwenptk7n A parcel of land In the 11V1/4 or Section 24, 1.7 S., 9.92 V. of the 6th PR In Garfield County. Colorado, and bring nth* per4t00arly deaCrbed a5 Feet,. 311011 et a print where t4! we3lerly right -Of -say One of County Rood 44. No. vide Creek Road) Intersects the EaSt/6051 cenlerine OF sold t7, UN Sec24. and Cron w'hlcil the Ovarter Corner cannon to Se/ttons 23 and 24 bears 119'11'4 7.V. o dlstonce of 1664.59 Feet) thence NP7.56'20.E. ono along sal[ 0eslerly right-or-.oy lune o distance of 3077 Feet, the rolleelnu eight 18) courses contr.u0 along sold ly right -o F -way line. D 1025'37.23'E. dlstone of 119.7323 Feet) ON tante of 851 feet, distance of 134.411 Feet, 413tencr OF 237.84 feet, 8)91,009 of 74.68 feet, ai£tanee of 9110 Feet, 71 5.34.24.41'[. distance aF 101.,97 feet, 8) 1416.28.14'[. a distance of 44.94 Feet, thence craving s 04 aesterly W rdght-of-soy Iand 'Wowing a ne along the rorlherty side of a eahthg driveway 530.08'2512. a oisbtoortanee of 1125 Feet,. thence 5.5511'17•V_ and continuing eking saki re)0149 e o dlstonce.0f 117'.77 feel) thence 5.,,,,.. 0•V, and continuing along said (enc0)4 a dggl.nce of 91032 feet; thence 5.74'29'86'2. and continuing Man sold Feneellne a distance or 15.00 Feet, thence leering sold Fencelne 1.06'00'22'[, a distance of 17070 feet, Dunce 6.85.55'28g 311.4 a ds lance of 695.35 Feet e 5.03'20'51'V. and following on existing vire fencanne a distance of 711.40 feet[ thence 515'40`35'V. end continuing along said ere Fen[elhe o distance of 202.68 Feet, thence 5.02.00 001. and 00,continuing along sold wire fencellne a dlstonce OF 396.26 Fret to o point the 1/11 centerline of said Section 24, thence 40911.47'E, and along said E/9 centerline a dlstonce OF 642.52 Feet to the hart of 1eg6Wng Containing 14.619 acres none Or less. 21 119'40'79'3. 3) N11'55'25'1. 41 8.08.0319'3. 5) N22.51'09'1. 6) 1340.53'13'2. 169'11'47"E POINT OF BEGINNING LOT 1 951.07' C7E1421108. CERT1rlCATE 110 het eppeOved by resIXutlon of the eoard or County Co r. 1 rp at Garfield County, (0)orada (Misfit. day of den-. A.D. 20__ In F6hg .1th the Cterk one Garfield County, such approval In Aa way hales thin }noon her true mrd a[[arate but this plat ,0 -t Fran 'nd nut subject to (Meta C. r •020!3'- egdatons at the Record.. that Ihr h does Ind[004 1 regulation under e tolr its 1+016 ,NEED CO/, C60) WITNESS N7 NAND AND SEAL sin) »110 Ili C94tsR1"- 113ge Loi 3, Record Roach Subdldslon Cwenptlen A parcel of land h the NEI/4 of Section 23 end In the 611174 .e6 Section 24, all h 1,7 5., R.92 11. of the 6th P24. et Garfield County, Colorado, and being mare par tk,@arly described as Follows. 9eglnnhg at the Deaner Comer 1105400 la 4406050,0 Sectan5 23 and 24, thence N9911'47'E. and along the C/V centerline of sold Section 24 a distance of 1022.07 reef, thence 7102.09'06•[. and fol)a.Ig a Are fen[e14ne o estivate of 396.26 feet, *1erts #t15'49'70'E. and continuing Wong SOW .170 fVMellne a distance of 202,68 tett, thence Nl]'20-51'C. and canter -Mg Wong sold wire Fencellne a distance of 31140 feet, thence 601'35'09'E. a docents of 456,41 feet to a 00641 an the North Ilse of the 3121(44031/4 of sold Section 24, thence 5.09°3114.11. and along saki North line 0 distance of 138521 Feet, thence #,00'11'48'1. o distance of 1286.61 feet to a point on the North line of sold Section 23, and from which point the 4.15 Corner 0f said 3,601401 23 64005 0.89'09'15'3. a distance of 267.43 feat, thence 5.99.69'I5'V. o distance of 1135.53 feet,. then(0 560'00'00.12. edlstonce of 1236,06 Feet thence 5.05'10'48'V. o distance of 343.65 Feet to a point In a fencellnel the Fntl0ving ten 4101 courses ere along 55:10 Fencellne, 1) 3.03'19'57 V. a dlrtance of 30,67 (eat, 21 3.63'09'52'E. a distance or 4285 (vet; 3) 910'26'10'1, a distance of 57.20 feet, 4) 0.21'SS00'F. o distance or 51 5.10'25'32'1. a distance of 6) 5.02'25'46'(. o distance of 9189 feet 27.03 feet 574.42 Feet, 70 521.51 47'V_ o &stance of 312.23 Feel, 8) 507.69'00'V. a dlstonce of 402.30 Feet. 9) 501"45'38'E a distance of 59.01 feet, )0) 512'22'05'[. a WstanCe of 10929 feat to 0 ren[ecorner Ins place, thence N8E1'52'451. a distance or 173640 feet to the Point of 9rg14Wn9. Containing 120.314 acres wore or lest. SURVEY09'S Ct'R11(1(510 I, Nldford Lee Cool/tough, da hereby certify that 1 en a registered bond sw0148r Ilcensetl urlaer the lows of the State of Colorado, that the plat Is t correct end earpiece plat Or the A4rCo,75.. eWLSL$ddfly{sMY�.JtFll3irre laid out, platted, dedicated end Proem hereon, that Seth plot wasnode free, on *(carat, survey of Said property by ne pod tinder ny supervision Geed Correctly shows the location and ,hen*bns of the lots, towhee/1s and Streets of saki Subdivision as the sane are staked open the groan fon corona 071 .lain applicable regoAolkns governing the S /Wr1Slcn of Ind IN 5211111$5 11003612', I )ane 544 ny hand seam 5h19. t-E.lay of SEPJEA4152R.-_AD. 20 ELS" Approve./ far Cantr t end form only and 001 the 4CCwacy of swevey6, 004cw0t.ons or oral Purse to CNA. 1973. 38-51-101 .ed 102 (revised). 12 GarFkid-(6rn0+9Y Surveyor' 0010 RECORD RANCH SUBDIVISION EXEMPTION Secs. 23 & 24. T.7 S., R.92 W., 61h P.M. DATE 8/31/05 9GALC 1" Q 299' J00 40.PROJECT: R4PO5 RECOROxR€F.OWC ORA'Ati SHALE COUNTRY SURVEYING 215 MUTTON AVE. RIFTS, CO 81650 9111310t (470) 625-3077 BALCOMB & GREEN, P.C. P. 0. BOX 790 (970) 945-6546 GLENWOOD SPRINGS, CO 81602 PAY TWO HUNDRED DOLLARS ONLY r TO THE ORDER OF Garfield County Treasurer Alpine Bank 2200 Grand Ave. • P.O. B. l0om Glenwcrospring., CO 81501 .' ,® (970)945-2414 • Pliant I0IFYN W0)948-4431 CHECKNO. DATE AMOUNT 9/1/10 $200.00** 000454L010 is LO2L034071: LO1.002?9360 45410 82340/1021 % PAY BALCOMB & GREEN, P.C. P. O. BOX 790 (970) 945-6546 GLENWOOD SPRINGS, CO 81602 One Hundred Dollars Only r TO THE ORDER OF Garfield County Treasurer Alpine Bank 2200 Grand Ave. • P.O. Box 00000 4 ,® (970) 945-2424 CO 81601 8424 • Alpine Inlo-Llne (970) 945-4433 CHECKNO. DATE AMOUNT II'00045408Ha ':LO210311071: LOL002? 9/1/10 $100.00** 45408 82-340/1021 M' r Garfield County : Parcel Information Map - Windows Internet Explorer provided by Garfield County Government http:figisrnaps.garf ield-county.com/parcelmapi* File Edit View Favorites Tools Help :%d X 1:300* Isa - I Garfield County ; Parcell... x .7.64 Goode - 0 [Q. Page jTooIs )0. CGarfield County, Colorado Parcel Information :Map 1:1 MCCREIY RA WH COMPANY BA . JO(IN & S HA RON N IGLEHEART. STE JAG GER. GI A -BREW L_2-;01 tkCI-RAY, WAYNE 0 & CH ST/NA M 4000. ROBERT L CAL FRANK 0 & S HERA M KrteGHTIPEARLA$ DierkER. REGORY G &VICTORIA LGE-ORGE. RO OIV ICE 111 Riff LLCECK HA ROT:CHM OPHER FA ZZI, JERRY 114 E R E PROPERTIES .1.1.0 148D -RG AN. TcHa A & SAWA Rb:11-1 MY ERS LeUSAN 0. {1= 11,VCRAY Latn=t=1:3 Print Help CART.ER. COMPANY &TO Count.; Home Search 240123100276 GIS Home Contact ;is Area Parcel Address L LY LEE & MI RT Y RAY CAMELS :GOR 22. CO UEY, W KELLY CDEXTE R. BRYA IV K .342 ROGERS, RONALD J& SPECHT, L? ROGERS. RON & SPECK. LISA AS NA JR & CARLA A DY IDE CATTLE COMPANY LLC 1.6EIST. DIAN WESSTER & ter‘WA VEP ERGIORGIO & LINDA k...616,58A700 , EDIJIA RD D& CQRf GOOF( WELL LOO'LlA N. CWift • & G WIWI:MAMA, SA LLY M. . . . tWE ST DM10E LC AMWAY, G WirtrubliAM & SA .L ME 13iEAIT • 24 BUREA U OF LA A.VINAGEMEAfT . U2 TRUST RUST EES 416GERS, RONA 0 J 8, MARK & LISA LC B LAND & CAT T LE LW ST 04/E RANCH LW *4* Farce information IS Done Internet start 2 Micros.., gcarmone. (7", Garfield C.., OE Divide Cre,., a 2 Adobe.— Mernoran„, IP orc)1115 C)1I3L3AM GARFIELD COUNTY PLANNING DEPARTMENT TIME TRACKING SHEET PROJECT: APPLICANT: REPRESENTATIVE: STAFF: BASE APPLICATION FEE: DATE DESCRIPTION OF WORK PERFORMED CODE HOURS V -17 - NOLO) 4141; 4. f 7C14. Caw:0124- (i2J .. Total Billable Hours Fee Calculation: Director Sr. Planner Plan. Tech. Secretary Hrs @ $50.50 = $ Hrs @ $40.50 = $ Hrs. @ $33.75 = $ Hrs @ $30.00 = $ Total Fee: $ Total Other Charges: $ Grand Total: $ Base Fee (Minus): $ Balance Due: $ NOTES: 1. Codes: a. CR(Completion Review) b. TE (Technical Compliance Review) c. AR (Application Review) d. RW (Report Writing) c. RA (Review Agency Reporting) f. SV (Site Visit) g. MH (Meetings and Hearings) h. TC (Telephone Conference) i. GIS (Geographic information Systems) j. AS (Administrative Support) k. M (Misc., postage, copies, fax) 2. Misc. Expense: Photo Copies ($0.25/page) 3. Fees: Base Fee is an estimate of the average number of hours of staff time devot: d to an application, multiplied by an hourly rate for the personnel involved. The Board recognizes that the land use application process time varies and that an Applicant should pay for the total cost of the review which may require additiona billing. Hourly rates are based on the hourly salary, and fringe benefits costs oftl e, respective positions combined with an hourly overhead cost of the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Comment [gdc2]: Do we need referrals for this 1 app? September 16, 2010 Tim Thulson Balcomb and Green, P.C. P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81601 RE: Divide Creek Farms Final Exemption Plat Amendment- FEXA 6580 Is this an amendment to a plat or just adm approval to submit to BOCC for revision to BESOT? How should this be filed; Adm Approval or plat amendment? Dear Mr. Thulson; The Garfield County Building and Planning Department is in receipt of your application for an Amendment to the Final Plat for Divide Creek Farms; specifically an amendment to Resolution 2005-79 to correct the reference to Lot 3 access road from CR 311 to CR 343 to in paragraph 2. Your application has been determined to be technically complete and therefore has been scheduled for a public hearing before the Board of County Commissioner on November 1, 2010. The following code sections specify the criteria for meeting notice requirements: Notice of Public Hearing. Certain land use change applications will require a public hearing. Unless otherwise provided by these Regulations, when a public hearing is required the following public notice shall be !required. Notice to Adjacent Property Owners. At least 15 calendar days prior to the date of the Director's decision, the applicant shall mail the 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, the contact information and the date that the Director has to make a decision. The Date of Decision by the Director is Friday, October 29, 2010. The application will be reviewed by staff, copies sent to referral agencies for comment, and a staff report will be generated and sent to you. The Planning Director will review the report and make a decision on your request as an Administrative Application for a Plat Amendment. Comment [gdcl]: 1s this public hearing or consent item? Only amending a resolution. Please note that Staff provides the Notice Form to you as a courtesy, however it remains the responsibility of the applicant to provide adequate notice pursuant to the Code requirements. Prior to the public hearing you will be required to provide 114G-af-fKlavit from tlinewspaper-fxarrling pitblir en, the proof of mailing and return receipts for adjacent property owners and to mineral owners of the subject site. In addition we are requesting 10 copies of the application and supporting materials for referral agency review and the Board of County Commissioners. Please submit these copies prior to September 27, 2010 in order to be able to send out referrals and receive comment in a timely matter. per therefore your notice must app ar in that paper on or prior to Thursday March 25th ' _ is Friday March 19th)-.- Please 9th} Please feel free to contact me if you have any questions. Respectfully, Gale D. Carmoney CC: Fred Jarman, Building and Planning Director Cvc&. _ 1?I 7- U:\Land Use 20101AAmended or Corrected Piatslnivile Creek Farm Final Exemption Plat1TC letter 9.17-t0.doc Colorado Secretary of State - Summary Colorado Secretary of State, Bernie Buescher Business Division For this Record... History R Documents Cert of Good Standing Fite a Document Subscribe Email Notification Unsubscribe Email Notification Business Home Business information Business Search FAQs, Glossary and Information Finnie lilt.; ID Number: Name: Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address: Principal Street Address: Principal Mailing Address: Status: Form: Jurisdiction: Formation Date: Terns of Duration: Periodic Report Month: Page 1 of 1 I _Irr tir,n.. Summary ircrnsinrl 20081348270 Divide Creek Farm LLC Clara M Coleman 10031 County Road 311, Silt, CO 81652, United States 10031 County Road 311, Silt, CO 81652, United States Good Standing Limited Liability Company Colorado 06729/2008 Perpetual June You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Subscribe to E-mail Notification Regarding this Record • Unsubscribe from E-mail Notification Regarding this Record Previous Page } '.;,out Us 1 Contact Us Search I Accessibility 1 Privacy statement 1 Terms of use 1700 Broadway, Denver CO 80290 1 303-894-2200 1 sos.business@sos.state.co.ns http://www.sos.state.co.us/bizlBusinessEntityDetail.do?quitButtonDestination=BusinessEn... 9/21/2010 Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. $125.00 $ 50.00 Colorado Secretary of State Date and Time: 06/29/2008 03:38 PM Id Number: 20081348270 Document number: 20081348270 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: 2. Use of Restricted Words (if any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 3. Principal office street address: 4. Principal office mailing address (if different from above): Divide Creek Farm LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company" 'limited liability co.", "ltd. liability co.". "limited" "ilc" "1.1,c.", or "ltd." ¢7-9O-01, C.R.S) 0 "bank" or "trust" or any derivative thereof ❑ "credit union" ❑ "savings and loan" ❑ "insurance", "casualty", "mutual", or "surety" 10031 County Road 311 (Street name and number) Silt CO 81652 (City)($tate (Postal/Zip Code) United States (Province — if applicable) (Country— if not US) (Street name and number or Post Office Box information) (City) (State) (Province — if applicable) (Country— if not US) 5. Registered agent name (if an individual): Coleman OR (if a business organization): Clara M (Postal/Zip Code) (Last) (First) (Middle) (Suffix) 6. The person identified above as registered agent has consented to being so appointed. 7. Registered agent street address: ARTORO LLC 10031 County Road 311 (Street name and number) Silt CO 81652 (City) (State) (Postal/Zip Code) Page 1 of 3 Rev. 0I /01/2008 8. Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) (City) (State) (PostaUZip Code) (Province - if applicable) (Country -- ifnot US) 9. Name(s) and mailing address(es) of person(s) forming the limited liability company: (if anindividual) George Robert d OR (if a business organization) (First) (Middle) (Suffix) 10031 County Road 311 (Street name and number or Post Once Box information) Silt CO 81652 (City) Unftf(!)States (Postal/Zip Code) (Province - if applicable) (Country - if not US) (if an individual) Coleman Clara M OR (if a business organization) (Wan individual) OR (if a business organization) (Last) (First) (Middle) (Suffix) 10031 County Road 311 (Street name and number or Post Office Box information) Silt CO 81652 (City') UriiVel States (Postal/Zip Code) (Province - if applicable) (Country - ttf not US) (Last) (First) (Middle) (Suffix) (Street name and number or Post Office Box information) (Cly') Ulil[2t0 States (Postal/Zip Code) (Province - if applicable) (Country - if not US) (If more than three persons are forming the limited liability company, mark this box ❑ and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10. The management of the limited liability company is vested in managers E I OR is vested in the members LI 11. There is at least one member of the limited liability company. ARTORG_LLC Page 2 of 3 Rev, 01,01/2008 12. (Optional) Delayed effective date: (mm/dd/y»yy') 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box El and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Coleman Clara M (Last) (First) (Middle) (Suffix) 10031 County Road 311 (Street name and number or Post Office Box information) Silt CO 81652 (City) UUriligdi States (Postal/Zip Code) (Province — ifapplicable) (Country— if 110t US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment staling the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTORG_LLC Page 3 of 3 Rev. 01/01/2008 Gale Carmoney From: Greg Shaner [Shaner©a coloradorivereng.comj Sent: Monday, October 25, 2010 10:03 AM To: Gale Carmoney Subject: RE: Amendment to Record Ranch Exemption Follow Up Flag: Follow up Due By: Tuesday, October 26, 2010 4:00 PM Flag Status: Flagged Thanks Gale, please feel free to contact me with any questions. Gregory From: Gale Carmoney [mailto:gcarmoney@garfield-county.com] Sent: Thursday, October 21, 2010 10:29 AM To: Greg Shaner Cc: Tim Thulson; Fred Jarman Subject: FW: Amendment to Record Ranch Exemption G reg Thank you for providing this information. I think these items are worthy considerations for plat notes or revisions to the plat. 1 am passing this along to legal consul for the applicant and hope to discuss with them this afternoon. Gale Carmoney GARCO Bldg & Planning 970.945.8212 From: Greg Shaner [mailto:Shaver@coloradorivereng.com] Sent: Thursday, October 21, 2010 10:15 AM To: Gale Carmoney Cc: Fred Jarman Subject: Amendment to Record Ranch Exemption Gale, This email and its attachments in its entirety shall serve as record of our public response for the Amendment to the Record Ranch Exemption as notified. While considering the amendment and their documents, we have taken note of several plat corrections that should be recommended to be adjusted at this time, as well, while an amendment is being pursued. The Record Ranch Subdivision Exemption Plat is a graphical document which details significant legal and binding articles of interest that impact the property. The Plat should be updated to address or graphically identify the fol lowing: 1. The 25 -ft access easement to Lot 3 should be shown on the plat or added to the roadway centerline description on the plat. This will serve to notify not only any purchasers of Lot 3 but also any purchasers of the private property owned by Dow and Kathy Rippy that an access easement is dedicated across the property. 2. The lot 3 lot line descriptions (bearing/distance) do not reflect the Jane Reed Parcel separation from Record Ranch or the Shaner Legal description purchase from Jane Reed. The separation of the Jane Reed Parcel and the Shaner Parcel precede the Record Ranch Subdivision Exemption and are senior. The discrepancy is not tenths but rather feet. Whether a gain or loss of property, the Lot 3 line work should be updated and accurately show what the property boundary is. 3. Lot 3 is impacted by a 69 Acre Agricultural Covenant (attached) which maintains 69 acres of the Lot 3 parcel are restricted no build for residential or commercial uses or construction, and agricultural buildings are limited to wood frames and non reflective surfaces. Since the Agricultural Covenant impacts over 50% of the property it is significant to note either as a plat note or graphically as a dedicated no -build zone on the plat. 4. The remaining land in Lot 3 either contains a large gas well facility (constructed in 2003/2004 prior to the Exemption) or is adjacent to the facility. The access road to Lot 3 runs directly through the oil and gas facility owned by Encana. If it is located on Lot 3 this could significantly diminish the usable area for residential construction. The facility should be located on the plat and building setbacks to the facility should be provided to protect future lot purchasers. While we do not have a formal objection to the change to add the 25 -ft access easement from 311 to 343, there are some significant plat issues that should have been addressed at the time of recordation and should be addressed at this time to prevent the property owner from performing additional amendments for future potential lot buyers, or for potential lot buyers to purchase the lot under false pretenses or representations. As the adjacent property owner we would like to avoid a future discussion over property boundaries or limitations when the issue can be addressed now. Please feel free to contact us directly if there are any questions or objections to the points raised within this letter. Best Regards, Gregory and Victoria Shaner 330 County Road 342 Silt, Colorado 81652 From: Gale Carmoney [mailto:gcarmoney@garfield-county.com] Sent: Tuesday, October 19, 2010 8:14 AM To: Greg Shaner Cc: Fred Jarman Subject: RE: Phone Message If we could have comments by end of this week that should provide time to forward to the applicant if needed. Gale Carmoney GARCO Bldg & Planning 970.945.8212 From: Greg Shaner [mailto:Shaner@coloradorivereng.com] Sent: Monday, October 18, 2010 5:32 PM To: Gale Carmoney Cc: Fred Jarman Subject: RE: Phone Message Thanks Gale. I've noticed some other discrepancies with the plat that should probably be addressed as well if they are doing some house keeping concerning Lot 3. I will write a formal letter for public record, but I'm headed out of town for the next few days. When do you need response from property owners by? Thanks, GS 2 From: Gale Carmoney [mailto:gcarmoney@garfield-county.com] Sent: Monday, October 18, 2010 5:11 PM To: Greg Shaner Cc: Fred Jarman Subject: RE: Phone Message Greg This is essentially a request to amend the Resolution that approved the Record Ranch Exemption. The only thing being requested is to revise Resolution item #2 on Page 3 which makes a reference to an access to lot # 3 from CR 343 rather than DR 311. Basically a Scribner's error in reference to wrong road. Call or email if you have any other questions. Gale Carmoney GARCO Bldg & Planning 970.945.8212 From: Fred Jarman Sent: Monday, October 18, 2010 11:47 AM To: Gale Carmoney Subject: FW: Phone Message Gale, would you mind emailing Greg back about the project. Thanks - From: Greg Shaner [mailto:Shaver@coloradorivereng.com] Sent: Monday, October 18, 2010 11:05 AM To: Fred Jarman Subject: RE: Phone Message Hi Fred, We received a public notification of an amendment for Record Ranch subdivision exemption involving an access road to Lot 3. I think the intention is to add an access easement to the Lot 3 access road because it was just described by centerline without an easement from CR 343. But with Dow Rippy and company you never know. Thanks, GS From: Fred Jarman [mailto:fjarman@garfield-county.com] Sent: Sunday, October 17, 2010 11:00 AM To: Greg Shaner Subject: Phone Message Hi Greg, I received your phone message but didn't understand which project you were receiving notice on. Give me a call on Monday or email and let me know a few more details and I can get you the answer your looking for. Thanks - Fred Fred Jarman, AICP Director, Building & Planning Department 3 Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 970.945.8212 (Office) 970.987.1811 (Cell) fredjarmanggarfield-county.com EDWARD MULHALL. JR. Scorr BALCOMe LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE t THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN SCOTT GROSSCUP CHAD J. LEE• BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.94 5.6546 FACSIMILE: 970.945.8902 KENNETH BALCOMB (1 9Z0-2005) OF COUNSEL: JOHN A. THULSON www.balcombgreen.com 'also licensed in Oklahc *also licensed in Wyom December 3, 2010 VIA U. S. MAIL Gale D. Carmoney Garfield County Bldg. & Planning Dept. 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Divide Creek/ Record Ranch Dear Gale: Enclosed herewith is a proposed Resolution amendment which corrects the scrivener's error which was previously the subject of our Application for Final Exemption Plat Amendment. Pursuant to your correspondence, this is submitted in lieu of the Final Exemption Plat Amendment heretofore filed with your office and which, pursuant to this correspondence, applicants hereby withdraw. If you could let me know when this will be scheduled on the Consent Agenda before the BOCC, would be greatly appreciative. TAT:sk] Enclosure Very truly yours, BALCOMB & B Timothy A. Thulson STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on , the day of , 2010, A.D., there were present: John Martin , Commissioner Chairman Tresi Houpt , Commissioner Mike Sat16n , Commissioner Don DeI o'rd , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others, were had and done, to -wit: RESOLUTION No. A RESOLUTION CORRECTING RECORDS TO THE APPROVAL GRANTING AN EXEMPTION FROM THE DEFINITIONS OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, on the 10th day of October, 2005, the Board of County Commissioners of Garfield County, Colorado ("BOCC") approved the above -referenced subdivision exemption for the Record Ranch. This approval was incorporated within BOCC Resolution No. 2005-79 recorded in the records of the Clerk and Recorder for Garfield County, Colorado, as Reception No. 684067 ("Resolution of Approval"). A copy of the Resolution of Approval is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Resolution of Approval contained a scrivener's error; specifically, the Resolution of Approval incorrectly identified access to Lot 3 as extending from County Road 311 when, in fact, such extension was and is presently provided as extending from County Road 343; and WHEREAS, the BOCC now desires to correct the Resolution of Approval as recorded in the Clerk and Recorder's office to appropriately reflect access to Lot 3 as extending from County Road 343 as opposed to County Road 311. NOW, THEREFORE, BE IT RESOLVED by the BOCC as follows: Paragraph 2 of Resolution No. 2005-79 is hereby amended in its entirety to read as follows: 2. The applicant shall be required to provide 4 20' 'vide access easement from County Road 343 to Lot 3, to be defined and depicted on the Plat. DATED this day of , 2010 A.D. ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded, the foregoing Resolution was adopted by the following vote: COMMISSIONER , Aye COMMISSIONER , Aye COMMISSIONER , Aye STATE OF COLORADO County of Garfield } }ss } I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Glenwood Springs this day of , A,D. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners 2 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on , the day of , 2010, A.D., there were present: John Martin / Tresi Houpt y `-- Mike San on Don DeFord Jean Alberico Ed Green � 1 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others, were had and done, to -wit: RESOLUTION No. A RESOLUTION CORRECTING RECORDS TO THE APPROVAL GRANTING AN EXEMPTION FROM THE DEFINITIONS OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 145.710 ACRE TRACT OF LAND OWNED BY DOW AND KATHARINE RIPPY (RECORD RANCH) WHEREAS, on the 10th day of October, 2005, the Board of County Commissioners of Garfield County, Colorado ("BOCC") approved the above -referenced subdivision exemption for the Record Ranch. This approval was incorporated within BOCC Resolution No. 2005-79 recorded in the records of the Clerk and Recorder for Garfield County, Colorado, as Reception No. 684067 ("Resolution of Approval"). A copy of the Resolution of Approval is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Resolution of Approval contained a scrivener's error; specifically, the Resolution of Approval incorrectly identified access to Lot 3 as extending from County Road 311 when, in fact, such extension was and is presently provided as extending from County Road 343; and WHEREAS, the BOCC now desires to correct the Resolution of Approval as recorded in the Clerk and Recorder's office to appropriately reflect access to Lot 3 as extending from County Road 343 as opposed to County Road 311. NOW, THEREFORE, BE IT RESOLVED by the BOCC as follows: Paragraph 2 of Resolution No. 2005-79 is hereby amended in its entirety to read as follows: 2. The applicant shall be required to provide a 25' wide access easement from County Road 343 to Lot 3, to be defined and depicted on the Plat. DATED this day of , 2010 A.D. ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded, the foregoing Resolution was adopted by the following vote: COMMISSIONER , Aye COMMISSIONER , Aye COMMISSIONER , Aye STATE OF COLORADO ) )ss County of Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Glenwood Springs this day of , A.D. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners 3