HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARPIELD C OUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Se c tion 30-28-101 (IO) (a) -(d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23 , 1984 Section 2:20.49,
Kazimierz Kozak, Esther Kozak Robert Kozak
the undersigned Nathan King and Alina King re s pectfully petitions
the Board of County Commissioners of Garfield County , Colorado, lo exempt by Resolution
the division of 40.35 acre tract of land into __ 4......_ ___ tracts of approximately _
13. 67 ,13. 67 , 8. 31 acres each, more or less, from the definitions of "subdivision" and
4.70
"subdivided land" as the terms are used and defined in C.R .S. ( 1973) Section 30-28-10 I (IO)( a)
-(d) and the Garfield County Subdivision Regulations for the reasons stated below:
The parties wish to take seoarate title to one of each of tbe tracts
Tract 1 and 4 to Kazirnierz Kozak and Esther Kozak, Tract 2 to Robert Kozak
Tract 3 to Nathan and Alina King
SUIJMlTfAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of J "=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
n. Vicinity map at a minimum scale of l "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal , and letter of approval of fire protection plan from
appropriate fire district; and
G . If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
"-r. ..... ..,,ivP. exnlaining why e xemption is being requested; and
· ·• --n .. ,.,,J P.xisted as described on January I, 1973
---~0 k? r.realed
EXEMPTLON
APPLICABILITY
The Board of County Commissioners has the di scretionary power to exempt a divLc:;ion ofland
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated purpose
or the Subdivision Regulations nor be detrimental lo the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light or the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A . 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 raiJroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered to have been created by exemption with regard to the four
(4) lot, parcel, interes t or dwelling unit limitation otherwise applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process or being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
'---: .. ..,,..,. irri1mtion or utility easements have been obtained or are in the
B. ThePlanning Division shall review the exemption request for completeness within eight
(8) duys of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed . If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shalt be
considered. [neither case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shaU be mailed at
least fifteen (15) and not more than thirty (3)) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. At or within firteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
Reconlc<l at
Jli::ccplion No . !fist !j~~k ~§~~-~~l!_z JJ!j~=ord='=· ===80=0K=832 PA GE 536
QUIT CLAIM DEED
THIS DEED, Made thi s 2 ls t <lay of May
between Kazimierz Kozak, Esther S. Kozak,
Alina King and Robert Kozak
. 19 92 .
Nathan B. King
of the *County of Garfield and Stale of
Colorado, grantor(s), an<l ROBERT KOZAK, as to an undivided 1/3 i
AND ESTHER S. KOZAK, as joint tenants, as to an undivide
NATHAN B. KING AND ALINA KING, as joint tenants, as to a
GARFIELD
sia~e'bo~.1J 9 2
$ (;'IP
terest; KAZIMIERZ KOZAK
1/3 interest;
·undivided 1/3 interest.
whose legal address is 0046 Apache Drive, New Castle, CO 8161..LL-________ _
of the ----County of Garfield and Stale of Co lorado, granlcc(s),
WITNESSETH, That the granlor(s), 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, ha ve rcmiscd, released, sold, conveyed and QUIT CLAIMED, and by
the se pre sents do rcmise, relea se, sell, convey and QUIT CLAIM unto the grantce(s), their heirs, successors and assigns,
forever, all the right, title, interest, claim and demand whi c h the granlor(s) ha ve in and lo the real properly, toge ther with
impro ve ments, if any, situate, lying and being in the ---County of Garfield and Stale of
Colorado, described as follows :
* * * C 0 R R E C T I 0 N D E E D * * *
SEE EXHIBIT 11 A11 ATTACHED HERETO
AND FORMING A PART HEREOF
also known by street and number as:
TO 1-1/\VE /\ND TO llOLD the sa me, together wi th all and si ngular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the esta te , right, title, interest and claim whatsoever, of the grantor(s). either in law or equity, to
the only proper use, benefit and behoof of the gran tcc (s). their heir s and assigns forever.
IN WITNESS WI IEREOF, The grantor(s) ha ve executed thi s <lcc<l o n the <late set forth above .
N(ltllan B. King . ·· )
~(.Wz---Jf,k:A.(l
Robert Kozak
STATE OF COLORADO,
) SS. Garfield County of May ' ·'-·-·• • .. ~•: ....... '""' lhi~ day of
• n -L ..... ._+ Vn,!\V
PARCEL 1
Lot 12
Block 5
EXHIBIT "A"
ELK CREEK DEVELOPMENT, UNIT ONE
e .
BO OK 832 r~ce537
EXCEPT those portions conveyed in deeds recorded in Book 450 at Page
428 and recorded in Book 451 at Page 9.
The Plat of which is recorded as Document No. 230521
PARCEL 2
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M.
SECTION 25: Wl/2NE1/4
EXCEPT: That portion platted as the Elk Creek Development, Unit One
recorded as Document No. 230521 including the extension of Apache
Drive shown on said plat and EXCEPT all that portion shown on the
Dietz Exemption Plat recorded as Document No. 364480 and EXCEPT any
portion lying southerly of the northerly right of way of County Road
No. 245 and EXCEPT that portion described in deed recorded June 22,
1973 in Book 446 at Page 171 and EXCEPT that portion described in
deed recorded April 11, 1977 in Book 495 at Page 230 and EXCEPT that
part described in deed recorded September 21, 1976 in Book 488 at
Page 762.
PARCEL 3
A parcel of land situated in the NW1/4SE1/4 of Section 25, Township 5
South, Range 91 West of the 6th P.M., County of Garfield, States of
Colorado, lying Southerly of the Northerly line of said NW1/4SE1/4,
Northerly of the Northerly right of way line of County Road 245, and
Westerly of a fence as constructed and in place, said parcel of land
is described as follows:
Beginning at a point on the Northerly line of said NW1/4SE1/4 whence
the East Quarter Corner of said Section 25 bears: North 89°58'00 11
East 1496.73 feet; thence South 34°23'00" West along said fence,
62.75 feet, more or less to a point on the Northerly right of way
line of said County Road; thence North 67°42'00" West along the
Northerly right of way line of said County Road, 136.22 feet, more or
less to a point on the Northerly line of said NW1/4SE1/4; thence
North 89°58'00" East along the Northerly line of said NW1/4SE1/4,
161.47 feet, more or less to the POINT OF BEGINNING.
TOGETHER WITH any and all water and water rights appurtenant to
subject property.
BOOK 832 PAGE533
WARRANTY DEED
THIS DEED, Made this 21st day of MAY
19 92, between
HENRY W. DIEI'Z IV AND KATIE-~RENE DIEI'Z
of the County of JSoQI) e
Arkansas
and State of
GARFIB.0
MnY 2 11· 1992 Stafe'Doc~ l'ee
$ .Of
/jr/:J/<Jr/,grantor,and KAZIMIERZ KOZAK AND FSlHER S. KOZAK, AS JOINT TENANTS, IJITH FULL RIGHTS OF SURVIVORSHIP,
NATHAN B. KING AND ALINA KING, AS JOINT TENANTS, IJITH FULL RIGHTS F SURVIVORSHIP,
AND ROBER!' KOZAK L--~~~~~~~~~~
whose legal address is 0046 APACHE DRIVE, NEW CASTLE, CO 81647
of the County of GARFIEI.D
Wl'INESSErI-1, That the grantor for and in consideration of the sum of
***TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION***
and State of Colorado, grantee:
DOLLARS,
ri r .
,r /
the receipt and sufficiency of which is hereb y acknowledged, has granted, bargained, sold and conveyed, and by these pre sents does grant, bargain , sell ,
convey and confirm. unto the grantee, his heirs and assigns forever, all the real property togethe r with improvements, if any, situate, lying and being in the
County of GARFIEI.D and State of Colorado described as follows :
I.DI' 12
BLOCK 5
ELK CREEK DEVELOFMENI', UNIT ONE
EXCEPI' those portions conveyed in deeds recorded in Book 450 at
Page 428 and recorded in Book 451 at Page 9.
'Ihe Plat of which is recorded as Document No. 230521.
TOGEIBER WI'IH any and all water and water rights apprutenant to
subject property; said water rights are not included in the Warranties
contained herein.
GRAN'IDR HEREBY RFSERVFS AIL MINERAL RIGHI'S 'IO SUBJECT' PROPERI'Y.
as known by street and number as:
TOGETHER with all and singular the hereditament s and appurtenances thereto belonging , or in anywise appertaining, and the reversion end
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 barga ined premise s, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and de scrib ed, with the appurtenances, unto the grantee , his heirs and assigns
forever. And the grantor, for himself, his heirs, and personal representative s, does covenant , grant, bargain , and agree to and with the grantee, his heirs and
assigns, that et 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 end form es afore said , and th at the same are free and clear from all former and other grants, bargains. sal es , liens, taxe s, as sessments,
encumbrances and re strictions of whatever ki n d or nature soever. except General taxes and assessments for the
year 1992 and sul::sequent years, U. s. Patent reservations, any and all prior
mineral reservations, easements and rights of way of record
The grantor shall and will WARRANT AND FOREVER DEFEND t he above -barga ined premi ses in the quiet and peaceable possession of the grantee,
his heirs and as signs, 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 any gender shall be applicable to all genders.
I . WITNESS WHEREOF , the grantor has execut ed thi s deed on the date set forth above .
C ; i •• ) J ) ,--r" ·; i, __ '"' \]) (_ -' .
Z IV
Arkansas
Sf/\TE OF (j(jtfJr/..tf.iJo
SS.
, ,
Re ':t:rded at
ReL". ption No.
/~ !i! 09< p M .· MAY 2 'l 1992 '
113514'1 »}I jA 1.""' a~corder.
WARRANTY DEED
THIS DEED, Made this 21st day o f MAY
19 92, between
HENRY W. DIEI'Z IV
of the
Arkansas
County of 'Boone.. and State of
BOOK 832 P~CE 534:
GARFIB.D
MAY Z 7 1992
State "bee. Fee
$31.1
c/c/c/r/d/J,grantor,and KAZIMIERZ KOZAK AND ESIHER S. KOZAK, AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP,
NATHAN B. KING AND ALINA KING, AS JOINT TENANTS, WITH FULL RIGHTS F SURVIVORSHIP,
AND ROBER!' KOZAK '--~~~~~~~~~-
whose legal address is 0046 APACHE DRIVE, NEW CASI'LE, CO 81647
of the County of GARF I EID and State of Colorado, grantee:
WITNESSETH , That the grantor for and in con sideration of the sum o f
***TEN DOLLARS AND OTHER GOCO AND VALUABLE CONSIDERATION*** DO LIARS,
the receipt and sufficiency cif which is hereby acknowledg ed, has granted, bargained, sold and conveyed, and by these pre se nts does grant, bargain, sell,
convey and confirm, unto the grantee, his heirs and ass ign s forever, all the real properly together with improvements, if any, situate, lying and being in the
County of GARFIEI.D and State of Colorado described as follows :
SEE EXHIBIT "A" ATrAClIED HEREID
AND FORMING A PARI' HEREOF
GRAN'IDR HEREBY RESERVES AIL MINERAL RIGHTS 'ID~ PROPERrY.
as known by street and number as:
TOGETHER with all end singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining , and the reversion end
reversions , remainder and remainders, rents, issues end profits thereof, end all the estate, right , tille , 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 prem ises above bargained and descr ibed , with the appurtenances, unto the grantee, his heirs and assigns
forever. And the granter, for himself, his heirs, and per sonal representatives, does covenant , grant , bargain , and agree to and with the grantee, his heirs and
assigns, that al the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed , has good , sure, perfecl , 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 fo rmer end other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whate ver kind or nature soever, except General taxes and assessments for the
year 1992 and sul::sequent years, U. s. Patent reservations, any and all prior
mineral reservations, easements and rights of way of record
The granter shall and will WARRANT AND FOREVER DEFEND the above -barg ained premi ses in the quiet and peaceable po sses sion of the grantee,
his heirs and assigns, again st all and every person or per sons lawfully claiming the whole or any part thereof. The singular number shall include the plural
the plural the singular. and the use of any gender shall be applicable to all genders.
IN WITN\ES~ WHEREOF, the gran~-r has exe cuted thi s deed on the dale set forth above .
' I / I ', (' -f ,' . ~ fl11,1 , /.) c><'.)u\, .11/ __________ _
. W. DIErZ IV ')
/
Arkansas
Sf ATE or ¢¢M4f.¢(J
SS .
e BOOK 832 PAGE 535
EXHIBIT "A"
PARCEL 2
TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M.
SECTION 25: Wl/2NE1/4
EXCEPT: That portion platted as the Elk Creek Development, Unit One
recorded as Document No. 230521 including the extension of Apache
Drive shown on said plat and EXCEPT all that portion shown on the
Dietz Exemption Plat recorded as Document No. 364480 and EXCEPT any
portion lying southerly of the northerly right of way of County Road
No. 245 and EXCEPT that portion described in deed recorded June 22,
1973 in Book 446 at Page 171 and EXCEPT that portion described in
deed recorded April 11, 1977 in Book 495 at Page 230 and EXCEPT that
part described in deed recorded September 21, 1976 in Book 488 at
Page 762.
PARCEL 3
A parcel of land situated in the NW1/4SE1/4 of Section 25, Township 5
South, Range 91 West of the 6th P.M., County of Garfield, States of
Colorado, lying Southerly of the Northerly line of said NW1/4SE1/4,
Northerly of the Northerly right of way line of County Road 245, and
Westerly of a fence as constructed and in place, said parcel of land
is described as follows:
Beginning at a point on the Northerly line of said NW1/4SE1/4 whence
the East Quarter Corner of said Section 25 bears: North 89°58'00 11
East 1496.73 feet; thence South 34°23'00 11 West along said fence,
62.75 feet, more or less to a point on the Northerly right of way
line of said County Road; thence North 67°42'00" West along the
Northerly right of way line of said County Road, 136.22 feet, more or
less to a point on the Northerly line of said NW1/4SE1/4; thence
North 89°58'00" East along the Northerly line of said NW1/4SE1/4,
161.47 feet, more or less to the POINT OF BEGINNING.
TOGETHER WITH any and all water and water rights appurtenant to
subject property; said water rights are not included in the
warranties contained herein.
•
September 13 1 1993
TO ~ Garfield County Commissioners
109 8th Street
Glenwood Springs, CO 81601
RE ~ Proposed Kozak Ex emption
Dear Commi s sioners :
•
The property is currently held by the mem b ers of the Kozak
family in undivided one third interests, and held in joint tenancy
by husband and wife members. It is the intention of the family to
divide the parcel thus cre ating separate parcels for the family
members as follows:
Tracts 1 and 4 Kazimierz and Esther Kozak
Tract 2 Robert Kozak
Tract 3 Nathan and Alina King
The family members intend to develop their individual parcels
by building homes on them .
'i
I
II
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1.:
WALTER E. BROWN Ill
ATTORNEY AT LAW
1 120 GRAND AVENUE
GLENWOOD SPRINGS , COLORADO 81601
(303) 945-2361
FAX 945-8903 ... ---'"~
MAILING ADDRESS:
P .O . DRAWER 2010
GLENWOOD SPRINGS, CO 81602
October 19, 1993
Dave Michaelson
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE : proposed Kozak Exemption
Dear Dave!
Enclosed please find a revised list of the adjacent landowners
within 200 feet of the Kozak property. Please include this in your
package.
If you have any questions, please contact me.
Mary Louise Jolley
1288 Count y Road 245
New Castle, CO 81647
Douglas C. and Susan G. Lyons
P.O. Box 2 78
Glenwood Springs, CO 81602
Robert M. and Beverly Dobbs
0165 Navah o Street
New Castle, CO 81647
Webster and June Cross
0285 Comanchero Trail
New Castle, CO 81647
Wilbur L. and Norma F. Fix
0258 Comanchero Trail
New Castle, CO 81647
Mark C. Tyrrell
0232 Comanchero Trail
New Castle, CO 81647
Bruce J. and Kacy L. Arbaney
P .O . Box 986
Atascadero, CA 93423
Michael J. Bugielski
Janet Muttilo
P.O. Box 442
New Castle, CO 81647
Henry W. & Nannie M. Dietz
P.O. Box 1225
Diamond City, AZ 72630
Alvin R. Schrieber
P.O. Box 886
New Castle, CO 81647
Michael C . and Laurie F. O'Connor
0114 Comanchero Trail
New Castle, CO 81647
Angelo a n d Emily Bernal
100 Coma n chero Trail
New Castle, CO 81647
T. Carter Page
Na n cy Sprick
0081 Apac he Drive
New Castle, CO 81647
Terry Keith and Debbie Sue Meece
0087 Apache Drive
New Castle, CO 81647
Kenneth E. Swartz
0437 County Road 130
Glenwood Springs, CO 81601
John F. & Elizabeth M. Douglas
0149 Apache Drive
New Castle, CO 81647
Jack E. & Jean Gay
0076 County Road 241
New Castle, CO 81647
Darwin L. & Linda May Lahe
0016 Comanchero Trail
New Castle, CO 81647
William A. & Nancy z. Engquist
0083 Comanchero Trail
New Castle, CO 81647
W. Wampler
P.O. Box 2118
Glenwood Springs, CO 81602
Eugene Lee & Cindy Louise Pfalzgraff
0169 Comanchero Trail
New Castle, CO 81647
No r man D. & Lucille W. Bradley
0169 Comanchero Trail
New Castle, CO 81647
Darrel W. & Barbara J. Kelly
P.O. Box 903
New Castle, CO 81647
James O. Peck
05 Ute Avenue
New Castle, CO 81647
Harold O. & Alma Baillie Templeton
1124 Colorado Avenue
Glenwood Springs, CO 81601
James P. Cross
0261 Comanchero Trail
New Castle, CO 81647
Dennis L . & Harriet A. Brown
0096 Navaho Trail
New Castle, CO 81647
Richard, Richard C. & Mary Louise Jolley
1288 245 Road
New Castle, CO 81647
Bill M. & Melody L. Baker
0162 Apache Drive
New Castle, CO 81647
Damian S. & Camille Trujillo
1501 245 Road
New Castle, CO 81647
Gregory B. & Leslie Nepp
0140 Apache Drive
New Castle, CO 81647
Robert E. and Patricia A. Seaton
0096 Apache Drive
New Castle, CO 81647
James L. Brown
P .O . Box 457
Glenwood Springs, CO 81602
N . Eileen Farlow & Richard E. Koch
0040 Apache Drive
New Castle, CO 81647
Marvin T. Coller
P.O. Box 258
New Castle, CO 81647
Andrew L. & Shirley L. McClelland
601 21st St., Apt. 20A
Glenwood Springs, CO 81601
Lanea J. & Phillip J. Orgill
P .O. Box 2588
Glenwood Springs, CO 81602
Dirk Larsen & Edward A. McCune
P.O. Box 182
New Castle, CO 81647
J .A. Wilson & C.L. Dougan
5 Alpine Court
Glenwood Springs, CO 81601
Brannan Properties, Inc.
214 8th Street, Suite 300
Glenwood Springs, CO 81601
Robert T. Long
1806 245 Road
New Castle, CO 81647
Darrel & Joan M. Bond
1804 245 Road
New Castle, CO 81647
Bureau of Land Management
50629 U.S. Highway 6 & 24
Glenwood Springs, CO 81601
LIST OF ADJOINING OWNERS -KOZAK EXEMPTION
Tax Parcel Number
2125-251-00-005
2125-254-00 -067
2125-251-00 -0 04
2125-251-03-008
2125 -251-02 -009
2125-251-02-014
2125-251 -01-022
2125-251-01-004
2125 -251-01-005
2125-251-01-006
2125 -251-01-018
2125 -251-01-010
2125-251-01 -011
2125-251 -01 -012
2125-251-01-013
2125-251-01 -020
2125 -251-01-021
2125 -251 -06 -003
2125 -251-06-010
2125-251-06 -007
2125-251-06-008
2125-251-06 -009
2125 -000-00-083
Name
Henry W. Dietz
Jolley, Mary Louise
Lyons, Douglas C.,
& Susan G.
Dobbs, Robert M.
& Beverly
Dobbs, Robert M.
& Beverly
Cross, Webster &
June
Fix, Wilbur L. &
Norma F .
Telu, Tyrrell
Mark C.
Arbaney, Bruce J.
& Kacy L.
Bugielski, Michael
Janet Muttilo
Johns, Erica J .
Schrieber, Alvin R.
Schrieber, Alvin R.
Kozak, Kazimierz &
Esther
O'Connor Michael C.
& Laurie F.
Bernal, Angelo &
Emily
Dietz, Henry W.
Kozak, Kazimierz &
Esther
Page, T . Carter
& Nancy Sprick
Meece, Terry Keith
Debbie Sue
Swartz, Kenneth E.
Douglas, John F. &
Elizabeth M.
Gay, Jack E . &
Jean
Address
P .O. Box 1225
Diamond City,
1288 Cnty. Rd .
New Castle, CO
P.O. Box 278
AR 72630
245
81647
Glenwood Springs, CO
81602
0165 Navaho Street
New Castle, CO 81647
0165 Navaho Street
New Castle, CO 81647
0285 Comanchero Tr.
New Castle, CO 81647
0258 Comanchero Trail
New Castle, CO 81647
0232 Comanchero
New Castle, CO 81647
P.O. Box 877
Carbondale CO 81623
210 7th Street
Glenwood Spgs. CO 81601
P.O. Box 821
Glenwood Spgs . CO 81602
P.O. Box 886
New Castle, CO 81647
P.O. Box 886
New Castle, CO 81647
0046 Apache Drive
New Castle, CO 81647
0114 Comanchero Trail
New Castle, CO 81647
100 Comanchero Trail
New Castle, CO 81647
P .O . Box 1225
Diamond City, AR 72630
0046 Apache Drive
New Castle, CO 81647
0081 Apache Drive
New Castle CO 81647
0087 Apache Drive
New Castle, CO 81647
0437 County Road 130
Glenwood Spgs, CO 81601
0149 Apache Drive
New Castle, CO 81647
0076 county Road 241
New Castle , CO 81647
•
Dave Michealson
WALTER E. BROWN Ill
ATTORNEY AT l..AW
1 120 GRAND AVENUE
GLENWOOD SPRINGS , COLORADO 81601
(303) 945-2361
FAX 945-8903
September 28 1993
Garfield County Pl anning Dept .
8th and Colorado
Glenwood Springs , Colo. 81601
•
MAILING ADDRESS:
P.O . DRAWER 2010
GLENWOOD SPRINGS, CO 81602
RE~ Kozak exemption
Dear Dave~
·rhank you for your call Monday
appeared ready for filing except
access rights of the applicants.
to say that this application
for the letter regarding the
In reviewing the title to the r ealty, I could locate no recorded
document that restricts access to or from this property in the
Clerk and recorders off ice. Further, the original subdivision
reflects that the streets are dedicated for p ublic use and at least
two streets adjoin the property the Kozak's seek exemption for in
this matter . Lot 12 is owned by the Koza ks and it is being used and
ha s been used as an access and egress by the Homeowners Association
to service their water line which runs over and thru the property
tha t is the subject of this applic ation. Morever, an adjoining lot
owner also uses Lot 12 for access because he mistakenly built part
of his structure on Lot 12. Finally 1 Lot 12 is wide enough t o
accomodate vehicular access to the three lots which will be served
by it . The fourth lot will access =rom the south, as I understand
it ,
Again, I appreciate your attention to this matt ar. In my view, the
applicants have every right to access their property from the
publicly dedicated streets, as much as any owner of l a nd adjoining
a public street would have. If there are persons who do not agree
with that opinion, then I would like to see what legal restriction
there is to that effect and what their motives really are .
Thi s opinion has been rendere d pur s u ant to your request for our
position on this point but without seeing the Dietz exemption
documentation which was not available in your office.
The forma l application and all documentation you have did not have
the fees attached and that accompanies this letter. Please advise
of the d ate you want to set this for hearing . I'll be gone Thursday
until late in the day but return on Friday.
Walt Brown
'Burning Mountain'
1888
TOWN OF NEW CASTLE
Telephone (303) 984-2311
Garfield County Commissioners
Garfield County Courthouse
109 8th
Glenwood Springs, CO 81601
Dear Commissioners:
•
Box 166 , New Castle , Colorado 81647
July 7, 1993
The New Castle Board of Trustees have approved four water
taps to the Kozak Exemption described as Section 25. T.5.S .. R91 W.
6th P.M. These water taps are for the Kozaks ' purposed
development of four single family homes.
If you have any questions, please feel free to call me.
Sincerely,
c : ,4~~
Gertie Hampton
Town Clerk/Treasurer
00. ~<9 p r111r ed on recy cled paper
Gevtn..te.1-d County Comm,U.6..ton.vw
109 8th Sbte.e;t
Glen.wood Sp!z.in.g.6, Colo~ado 81601
Ve.evt Comm,U.6..ton.VL6,
•
July 12th,1993
Fo~ the. Kozak Exe.mpt..ton we. w..tll be. U.6..tn.g .6e.pt..te tan.Q-6 and
le.aeh n..te.1-d.6 a.6 oM me;thod on .6Wage. fupo.6al. They will
OM eo~e. be. built to the. State. on C o lo~ado .6pe.en..teat..ton..6
no~ th.{,,6 type_ On .6Wage_ fupo.6al.
Thank you .
s..tne~uy yo~,
Kaz..tm..t~z and E.6th~ Ko z ak
En:nu.t..t and C!omf!!J
83 Comunc h t:.'W r:f w.d
cfVe w Ca~tfe , Colo. 8764 7
984-2 863
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/o · ff/E C:,4/?~tl::A b
Cov/l/f /
17 J. £ /f 'S t:' /J Er ,#-/) //I 5 t::.-[)
/rf;fT wE 4/?E (N ,C/JVOf\ o -f
/)? ((. ,#/(/ l> /l'/ l?S. K 0 2 4 K. sf I, I /fl,(/ 6-
T 1-1 ;; , (( r o u I? T '/ /f c 1~ c: s .
5 I# C t: /( 6 -J.. f /3 1 J.. L r Jf/ A Jf/C 1 E /If c. crv ,-;.r _
tv J a,
• • Silt-New Castle Volunteer F.P.D.
Board
Ross Talbott-Chairman
William Montovcr
Sean Mello
Cary Schroeder
Gordon Witzke
April 15, 1993
To Whom It May Concern:
Box 236
Silt, CO 81652
Don Zordcl -Chief
Stu Cerise -Assist Chief
The Kozak land in Section 25. T.5.S. R.92W. is in the Silt-Newcastle
Fire District.
Sincerely,
tff~:::eFPD
.. '
November 15, 1993
TO: Garfield County Commissioners
RE: Proposed Kozak Exemption
•
All of the parties on this list with the exception of Swartz, Kelly
and Douglas have received notice of this hearing. The return
receipts received by this office, are attached hereto.
Mary Louise Jolley
1288 County Road 245
New Castle, CO 81647
Douglas C. and Susan G. Lyons
P .O. Box 278
Glenwood Springs, CO 81602
Robert M. and Beverly Dobbs
0165 Navaho Street
New Castle, CO 81647
Webster and June Cross
0285 Comanchero Trail
New Castle, CO 81647
Wilbur L. and Norma F. Fix
0258 Comanchero Trail
New Castle, CO 81647
Mark C. Tyrrell
0232 Comanchero Trail
New Castle, CO 81647
Bruce J. and Kacy L. Arbaney
P.O. Box 986
Atascadero, CA 93423
Michael J. Bugielski
Janet Muttilo
P.O. Box 442
New Castle, CO 81647
Henry W. & Nannie M. Dietz
P.O. Box 1225
Diamond City, AZ 72630
Alvin R. Schrieber
P.O. Box 886
New Castle, CO 81647
Michael C. rand Laurie F. O'Connor
0114 Comanchero Trail
New Castle, CO 81647
Angelo and Emily Bernal
100 Comanchero Trail
New Castle, CO 81647
T . Carter Page
Nancy Sprick
0081 Apache Drive
New Castle, CO 81647
Terry Keith and Debbie Sue Meece
0087 Apache Drive
New Castle, CO 81647
Kenneth E. Swartz
0437 County Road 130
Glenwood Springs, CO 8160 1
John F . & Elizabeth M. Douglas
0149 Apache Drive
New Castle, CO 81647
Jack E . & Jean Gay
0076 County Road 241
New Castle, CO 8 1 647
Darwin L. & Linda May Lahe
0016 Comanchero Tr ail
New Castle, CO 81647
William A . & Nancy Z. Engquist
0083 Comanchero Trail
New Castle, CO 81647
w. Wampler
P.O. Box 2118
Glenwood Springs, CO 81602
Eugene Lee & Cindy Louise Pfalzgraf f
0169 Comanchero Trail
New Castle, CO 81647
Norman D . & Lucille W. Bradley
0169 Comanchero Trail
New Castle, CO 81647
Darrel W. & Barbara J. Kelly
P .O . Box 903
New Castle, CO 81647
James O . Peck
05 Ute Avenue
New Castle, CO 81647
Harold O. & Alma Baillie Templeton
1124 Colorado Avenue
Glenwood Springs, CO 81601
James P. Cross
0261 Comanchero Trail
New Castle, CO 81647
Dennis L. & Harriet A. Brown
0096 Navaho Trail
New Castle, CO 81647
Richard, Richard C. & Mary Louise Jolley
1288 245 Road
New Castle, CO 81647
Bill M. & Melody L. Baker
0162 Apache Drive
New Castle, CO 81647
Damian S. & Camille Trujillo
1501 245 Road
New Castle, CO 81647
Gregory B. & Leslie Nepp
0140 Apache Drive
New Castle, CO 81647
Robert E . and Patricia A. Seaton
0096 Apache Drive
New Castle, CO 81647
James L. Brown
P.O. Box 457
Glenwood Springs, CO 81602
N. Eileen Farlow & Richard E. Koch
0040 Apache Drive
New Castle, CO 81647
Marvin T. Coller
P.O. Box 258
New Castle, CO 81647
Andrew L. & Shirley L. McClelland
601 21st St., Apt. 20A
Glenwood Springs, CO 81601
Lanea J. & Phillip J. Orgill
P .O. Box 2588
Glenwood Springs , CO 81602
Dirk Larsen & Edward A. McCune
P.O. Box 182
New Castle, CO 81647
J.A. Wilson & C.L. Dougan
5 Alpine Court
Glenwood Springs, CO 81601
Brannan Properties, Inc.
214 8th Street, Suite 300
Glenwood Springs, CO 81601
Robert T. Long
1806 245 Road
New Castle, CO 81647
Darrel & Joan M. Bond
1804 245 Road
New Castle, CO 81647
Bureau of Land Management
50629 U.S. Highway 6 & 24
Glenwood Springs, CO 81601
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DO~OTHT M. SCHRIEBER
F Int Perty
· P O. ~ox 795 ·P.O. go_ ortT.et ~
St lt Colorado
Z1p
81652
citv suite
for Ind ir.t eontlderatlon of ten dolltn and other wtuable comitl etetlon, In hand peid, heftby •111 Ind quitclai
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ALVIN ~. SCHRIEBER
. . Second Plrty .. .
P. 0. Box 886
. P.O. BOJI Of Street Addreta
·· Hew Castlc: Colorado .. ~,~I+' "~··"' ·¥.,··· .. : .. ::,/
81647
City Suite
the following delcribed property in the County of . __ .._Ga...,r_f_.1 .... e-.1 d_. --Ind State of Colorado: <;i·:': · ·
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See . Exhibit A attached hereto and incorporated herein. •/:;.···I.
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SIGNED this~day of
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·" ri.,,>'°/l!,,YL A.O . 19 ...2L
STATE OF COLORADO
SS .
COUNTY OF GARFIELD
. . ··The foregoing instrument was acknowledged before me this c:? C:: day of A-y+!F,wh• 1
19~by · DOROTHY M. SCHRIEBER. .
Witnesa my hand end official seal.
". ;· :~ commillion expires : G. -.:> .l . y .J.
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·Lot Ten (10), Block ~lve (S) or Un\t l oC the !lk Creek
Development , a aubdivislon in the NE~ oc Section 2S, Township S .
·south, Ranqe 91 West oC the Sixth Principal Meridian: •ccordinq ,; ·
to map of record in the oCClce of the Garrield County Clerk and
.Recordei aa Document No. 230S21 •
Lot Eleven (11), Block Five (5) or Unit One or the !lk Creek
Development, in the NE~ oC Section 25 , TovnBhip 5 South, Ranqe
91 West of the 6th r.M .. as shown on plat of the !lk Creek
Development, tnc., recorded as Documen t No. 230S21. The above·
land la subject to the reatrictive cove nants contained in the ,.
document recorded \n Book 367 at Paqe 2 58 in the office of the
.Garfield County Clerk and Recorder.
The West twenty Ceet (20') of Lot l~. ~lock 5, Unit One., Elk
Creek Development, said plat be i nq duly rer~~ded ln P l at Book
31 Paqe ~2. Garfield County, Colorado, deBcrib"d by metes and
·bounds as:
Beqinninq at thf'! NW corner Lot 12, Block '>, Unit One •. Elk
Creek Development, thence S 50•02 1 E 20.0 0 feet alonq ·the
north line of said Lot 12 to a point: Thence s J9•09' W
125.84 feet to a point on the south line of said Lot 12,
beinq the north riqht of way line ~f Co~anchero Trail:
thence N 63°21' W 20.48 feet alonq said south line of Lot
l2. ~nd alonq said riqht of way l i ne to th~ P~ corner of
s~id Lot 12, Block 5: Thence N 39°09' E 130.57 fe~t alonq
the west line of sdla Lot 12 to t h e point of beglnninq,
containinq 2,564 square feet or 0 .059 acres. beinq part of
SW~NE~ Section 25, T. 5 s .• R. 9 1 w .. 6th P.M.
According to map oC record in the of f ice of the Garfield County
Cler~ anJ Recorder ac Document No. 23 0 521.
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KNOW ALL MEN BY THESE PRESENTS THAf ·1 .. -. w•~::Ef:=I!~ I '.I
ooqoTMY M. SCHRIEBER
Fint Ptrtv
· P o. Box 795
·P.O. '3. or Street Addr• spt Colorado 8,652
z1p City St1te
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for Ind i(I contidefatlon of ten dollert and other wlutblt conti1ltr1tlon, In hand peld, ""9bv •llt and qultclti
to · ·fl~ .... ~· • .;,,-~~.~: .. '.... ... •• · -:..~ ~-·
ALVIN R. SCHRIEBER
. Second Party . .
P. O. Box 886
· P.O . 8011 or Street Address
· HeW Castle Colorado
City . · · . St1te
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the following delcribed praperty in the County of __ G ... !-..r-.f...,le ... l_d ___ . end Stlte of Colorado:·.;£:' ...
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See Exhibit A attached hereto and incorporated herein. •• '!·
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StG~ED this ,'.2 L · day of
(;' r· I j .. , I , 91 .~1 1~.Y,'l/.l,),)L AD 19 -1-------. . --
· DOROTH M. SC RIEBER
·.
sTATE OF COLORADO
SS .
·COUNTY OF GARFIELD
· ·"The foregoir19 instrument was acknowledged before me this ..< c; day of ,J ..sp tzt k. 1
1 g JL. by · DOROTHY M. SCHR 1 EBER. .
Witne91 rnv hand and official 1NI.
'.; ~~ commillioo expires: G. -.') . ..).. ? ..l.
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Notary Public
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·Lnt Ten (10), Block rive (S) o[ Unit l oC the !lk Creek
Development, a subdivision in the NE~ oC Section 2S, Township S ·.
·south, Ranqe 91 Ne11t or the Sixth Principal Meridian; according·· ..
to map oC record ln the oCCice oC the GarCield County Clerk and
.Recordei aa Document No. 2JOS2l •
Lot Eleven (11), Block rive (S) of Unit one of the !lk Creek
Development, in the NE~ of Section 25, Townahip S South, Range
91 West of the 6th r.M., as ahown on plat of the !lk Creek
Development, tnc., recorded as Document No. 230S21. The above
land ls aub}ect to the restrictive covenants contained ln the ··
document recorded ln Book 367 at Paqe 258 in the office of the
Garfield County Clerk and Recorder.
The West twenty Ceet (20') of Lot l&, ~locks, Unit One, Elk
Creek Development. said plat being duly ter~:ded in Plat Book
3, Paqe 22, Garfield County, Colorado, describud by Metes and
·bounds as:
Seqinninq at thP. NW corner Lot 12 , Block S, Unit One, !lk
Creek Development, thence S 50•02 1 E 20.0 0 foet alonq ·the
north line or said Lot 12 to a po i nt: Thence s J9•09' W
125.84 feet to a point on the sou t h line of said Lot 12,
beinq the north riqht of way line ~f Comanchero Tt~il:
thence N 63°21' W 20.48 feet along said south line of Lot
l2. and alonq said riqht of way line to t~~ P~ corner of
sAid Lot 12, Block 5: Thence N 39°09' E 130.57 feftt along
the west line of sdla Lot 12 to t h e point of beqinninq,
containing 2,S64 square feet or O.OS9 acres, beinq part of
SW~NE~ Section 25, T. SS., R. 91 W., 6th P.M.
A~cordinq to map oC record in the office of the Garfield County
Cler~ and Recorder ac Document No. 230S21.
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0 Public Service· Public Service
Company of Colorado
NOVEMBER 11 , 1993
ESTHER KOZAK
0046 AP ACHE DR.
NEW CASTLE, CO 81647
DEAR MS KOZAK;
THIS LEITER IS TO NOTIFY YOU THAT WE HA VE DISCUSSED THE POSSIBLE EXTENSION
OF UTILITY SERVICES FOR YOUR FOUR LOT SUBDIVISION IN ELK CREEK SUB .
WE ARE IN A POSITION TO SUPPLY THE REQUIRED SERVICE IN ACCORDANCE WITH OUR
FILED TARIFF. AS A MATIER OF FACT, WE ARE PRESENTLY WORKING ON AN ESTIMATE
TO PROVIDE THAT SERVICE FOR YOUR DEVELOPMENT .
WE TRUST THIS HAS ANSWERED YOUR QUESTIONS . IF I CAN SUPPLY ADDITION
INFORMATION, PLEASE CALL ME (625-6019).
ZL/.~
=.GUSTIN
ENERGY SERVICES ENGINEER
, .
Garfield County Commissioners
Court House Bldg
Glenwood Springs, CO
•
Eric C. Williams
0981 245 Road
New Cast le , CO 81647
RE: Kazimurz & Ester Kozak subdivision exemption in E. Elk Subdivision .
Dear Commisioners:
I currently have a ditch running through this property. The ditch is called
the Redrock di tch wh ich is located mostly o n the south side of their
property . My only concern is to be able to maintain my 2 0 fo ot right away
alone the ditch so I can clean the ditch with a machine. I know that home
owners on the south side of the ditch have put fences right on the ditch
bank which leaves me no way to clean the ditch with a backhoe except
from the top side of the ditch or by hand. I would like to avoi d clean in g
ditch by hand. If the re were mo re fe nc es installed , I would like to be
notified so that I could de term ine we t he r th e fences wou ld interfe ar with
my d itch cleaning.
I have talked with Mrs Kozak about entering to the dit ch easment threw
their property at various poi nts an d she said that there would be not
prob lem.
I have no probl e m w ith the exe mption so long as th e co nd ition s above are
part of the exemption.
Yours truly,
c£?/~~
Eric C. Williams
RICHARD
ROAD 24 c. J 0 LLEY
ELK CREEK 5( • BOX 1288
NEW C 303)9 ASTLE B4 ·225
• COLOR 7 ADO 81647
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MEMORANDUM AGREEMENT
PARTIES
T he parties to this agreement are:
1 . The ELK CREEK HOMEOWNERS ASSOCIATION, a Colorado
Non-Profit Corporation, hereinafter referred to as "Homeowners",
and
2. HENRY W. DIETZ, IV, hereinafter referred to as
"Dietz".
RECITALS
1. Homeowners is a legal entity having authority to
enforce restrictive covenants pertaining to the Elk Creek
Development, a legal subdivision si t uate in Garfield County,
Colorado, and having authority to impose assessments on its
members for the purpose of financing maintenance and construction
of roadways serving the Elk Creek Development.
2. Dietz owns real property situate between the Elk
Creek Development and County Road 24 5 which Dietz is presently
attempting to divide into four (4) parcels pursuant to the Senate
Bill 35 Exemption Regulations of Garfield County.
3. Homeowners and Dietz wish to provide for the
imposition of certain covenants and obliga t ions to run with the
ownership of the four ( 4 ) parcels cre a ted by Dietz upon approval
of the Senate Bill 35 Exemption by the Garfield County
Commissioners.
4. The Elk Creek Development and the real property
owned by Di etz is served by an existing roadway situate within the
boundaries of a proposed sixty (60) foot easement depicted on
Exhibit A, attached.
-1-
COVENANTS .
NOW, THEREFORE the parties agree as follows:
1. Dietz agrees, upon receipt of approval of the
proposed Senate Bill 35 Exemption, to dedicate to the Homeowners
Association, for the benefit of the owners of lots lying within
the Elk Cre~k Subdivision, a non-exclusive perpetual easement
sixty (60) feet in width as described on the attached Exhibit A.
2. Homeowners and Dietz covenant and agree that no
portion of said easement shall be used for the parking of motor
vehicles at any time.
3. Dietz agrees that the use of the easement by him
and his assigns is for the purpose of providing access to the four
(4) parcels of land approved through the Senate Bill 35 Exemption
process and any lands owned by Dietz o r his assigns within the Elk
Creek Development. Such access shall not be used to gain ingress
and egress to additional lands owned by Dietz situate easterly of
the Elk Creek Subdivision, in the event Dietz subdivides such
lands.
4. Prior to sale of any of the parcels created by
Dietz, Dietz agrees to impose restrictive covenants on the use of
such parcels in form and content substantially equal to the
covenants to which the lots in the Elk Creek Subd i vision are
currently subject. Such covenants s h al 1 be enforceable by the
owners of the parcels created by Dietz as well as by the Elk Creek
Homeowners Association. Dietz may, at his election, choose to
impose covenants upon the parcels owned by him which are more
restrictive than the covenants to which the Elk Creek Subdivision
is presently subject.
5. Dietz agrees to impose covenants upon the four ( 4)
parcels of land to require future owners of the parcels to
-2-
participate, on an equitable basis, with the Elk Creek Homeowners
Association or the owners of the individual lots in the Elk Creek
Development in providing for the costs of any improvements made to
the roadway situate within the sixty (60) foot easement to be
granted by Dietz. Further, such covenants shall provide that the
four ( 4) parcels of land shall not be subdivided to greater
density in the future. The parcel of land exiting on Navajo
Street in the Elk Creek Subdivision shall also be subject to
assessments for street improvements within the Elk Creek
Subdivision.
6. Dietz and Homeowners agree that the Homeowners may
create a special class of members, including the owners of lots in
the Elk Creek Development and the owners of the parcels to be
created by Dietz for the purpose of assessing to such members the
costs of improving and maintaining the roadway and other
improvements, such as pedestrian walkways, to be situate within
the sixty (60) foot easement granted by Dietz; and Dietz agrees to
subject his parcels to membership in the Homeowners Association
within such special class of members if deemed appropriate by the
Homeowners Association. It is intended that the provisions of the
Homeowners Association governing such assessments shall include
the right to collect delinquent assessments, to assess penalty
interest on overdue assessments, and to collect from the
non-prevailing party, the reasonable attorney's fees and cos ts
incurred in any action to collect such assessments.
7. Dietz agrees, for himself and his assigns, that the
Homeowners, by entering into this agreement, are not assuming any
obligation to Dietz or his assigns to maintain or improve the
roadway situate with in the sixty ( 60) foot easement. Any such
obligation shall be governed by the common law of Colorado
pertaining to maintenance of easements, unless subsequently
modified by action of the Homeowners including the owners of the
parcels to be created by Dietz as a special class of members in
the Homeowners Association.
-3-
. '.
Dietz further agrees, for himself and the
respective future assigns of each of his lots, to indemnify and
hold harmless the Homeowners of any claims arising out of
defective design, construction or maintenance of the respective
driveways and turn-out areas serving any of the four lots
belonging to Dietz or his respec t ive future assigns and to pay the
reasonable ~ttorney's fees incurred by the Homeow n ers in the
defense of any such claims.
8. Dietz agrees, that upon sale of the first of the
parcels created by him to third par t ies, Dietz will cause the
roadway situate within the easement to be improved by i nstallation
of appropriate culverts for the driveways serving Dietz's parcels
and construction of pull-off areas for each parcel at the point of
driveway access in order that access may be had to each of Dietz's
parcels without interfering with the pre-existing use of the
roadway by the owners of lots within the Elk Creek Subdivision.
Such culverts and pull-off areas shall be sized, designed and
constructed in a workmanlike manner, meeting good eng i neering and
road safety standards, so that the use and condition of the
roadway within the easement shall not suffer any significant,
adverse effects.
9. The parties recognize that in order t o implement
the foregoing covenants and agreements it may be necessary to make
amendments to the Articles of Incorporation of the Elk Creek
Homeowners Association and to enter into additional agreements to
carry out the intent of the parties. Dietz agrees to have such
documents prepared at his expense, and to pay the cost of filing
such documents with the appropriate authorities.
10. This agreement shall be binding upon the parties,
their heirs, successors and assigns.
-4-
.• . .
memorandum
March
IN WITNESS
agreement
WHEREOF,
to be
the parties have
executed this
caused
14th day
ELK CREEK HOMEOWNERS
ASSOCIATION
this
of
Subscribed to and sworn before me, a Notary Public in and for the County of Boone,
State of Arkansas, on this 14th day of March, 1985.
My Carrnission expires: NOTARY P IC
tJ--19-9 I
-5-
.
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EXHIBIT A .
A strip of land . being 60 feet in width situated in the SW~NE\ of
Section 25, also in Lots 1, 2, and 3 of Block 5 of the Elk Creek
Development Unit No. 1 Subdivision, said right-of-way being 30
feet on each side of the following described centerline:
Beginning at a point in the center of the existing Elk Creek
County Road as constructed and in place whence the Quarter Corner
common to Sections 24 and 25 bears: N. 13°03'11" W. 2465.74 feet;
thence along . said centerline N. 57°59'35" W. 300.00 feet; thence
289.09 feet along the arc of a curve to the right having a radius
of 204.00 feet, the chord of which bears: N. 17°23'47" W. 265.50
feet; thence 216. 54 feet along the arc of a curve to the right,
having a radius of 453.08 feet, the chord of which bears: N.
36°53'30" E. 214.49 feet; thence 178.72 feet along the arc of a
curve to the left having a radius of 613. 46 feet, the chord of
which bears: N. 42°14'13" E. 178.09 feet; thence N. 33°53'27" E.
214.30 feet to a point on the Southwesterly right-of-way line of a
road known as Commanchero Trail.
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ll ' NO l' 1 f" 1093 'l1
\ ~EATTIE & CHADWICK
\ \ " · -:.> '" . \ ~tr oRNEvs AND couNsELoRs AT LAw ~l~-----··-· ___ A:'...::::J710 COOPER AVENUE . SUITE 200
GARFii:-LD CX.tUr·~l'Y GLENwooD sPRINGs . co 01601
STEVEN M. BEATTIE TELEPHONE (303) 945-8659
GLENN D. CHADWICK FAX (303) 945-8671
SUSAN W. SNYDER
November 15, 1993
HAND DELIVERY
Mr. Dave Michaelson
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, co 81601
RE: Proposed Kozak Subdivision Exemption Deve l opment
Dear Dave:
The following contains a recitation of case law in support
of the Elk Creek Homeowner's Association's position the Lot 12,
Block 5 of the Elk Creek Subdivision should not be used as the
established access for the new deve l opment. Please view this
letter as a supplement to our letter of November 12, 1993.
Homeowners purchasing in a platted subdivision are entitled
to rely on the plat and any recorded restrictive covenants
restricting the use of property. Rooney v. Peoples Bank, 513
P.2d 1077 (Colo. App. 1973); Pagel v. Gisi, 286 P.2d 636 (Colo.
1955). The Elk Creek Subdivision plat shows Lot 12, Block 5 as a
residential lot, not as an access road to a new development. The
restrictive covenants also state that the lots shal l be "used
exclusively for residence purposes.'' A copy of these restrictive
covenants are enclosed.
In Colorado the Supreme Court has held that a l ot in a
platted subdivision containing restrictive covenants against use~
other than for single family residential purposes may not be used
as a roadway to and from a shopping center. D.C. Burns Realty v~
Mack, 450 P.2d 75 (1969).
Other jurisdictions have also held that a platted
residential lot with restrictive covenants prohibit ing non-
residential use may not be converted to an access road for a new
development. In Thompson v. Squibb, 183 So.2d 30 (Fla. App.
1966), the court found that a covenant limiting lot use to
residential purposes was violated when an owner constructed a
right of way across a lot of the subdivision to serve as
connecting roadway between a street of the subdivision with that
of another subdivision.
Similarly, another court held that use of a lot within a
subdivision as a roadway connecting two adjacent developments
Mr. Dave Michaelson
November 15, 1993
Page 2
violated a restrictive covenant that lots in the subdivision be
used for residential purposes. A.A. Home Improvement Co. v. Hid-
A-Way Lake Club, Inc., 393 So.2d 1333 (Miss. 1981) See also,
Beyt v. Woodvale Place Apts., 297 So.2d 448, cert. den. 300 So.2d
840 (La. 1974) which found that use of lots for a boulevard to
provide ingress and egress for an apartment complex on an
adjacent property violated the restrictive covenant that lots be
used for residential purposes.
The Elk Creek Subdivision's restrictive covenants prohibit
use of lots except for "residence purposes", and thus, an access
road through Lot 12, Block 5 to the new development should not be
allowed as part of the approval of this development.
If you have any questions or would like further information
on this issue, please feel free to call.
Very truly yours,
~~yJv~·
Susan W. Snyder ' -·c
SWS:bd
cc: Elk Creek Homeowners Association
Steve Zwick, Asst. County Attorney (hand delivery)
Walt Brown, Esq. (by fax)
.... ··-
-_
Book 367
Page 25$
Recorded at 4:02 P.M.
Reception No. 230525
June 29 , 1965
Chas.S.Keegan,Recorder.
RESTRICTIVE COVENANTS
ELK CREEK DEVELOPMENT
"L--/
' KNOW ALL MEN BY THESE PRESENTS that the Elk Creek Development. Inc.,
Gl y -f.,JQ.. cl a corporation , the owner of the real p r operty described on the map recgrdeo as . -~-I\
Document No • .:Z. 3 o S ;z f in the office of the Clerk and Recorder of Garfield
I County. Colorado, and having subdivided said property into ·lots to be used
exclusively ~or residence purposes, and to ~rotect the purchasers of said lots
by appropriate restrictive covenants, do hereby adopt the following:
1. The following restrictions shall apply to Lots 10 to 17, both
(a) No building shall be permitted on any lot having a ground
of less than eight hundred square feet..
family dwellings.
(b) Dwelling houses shall be completed within one year from the .
date work started on the structure.
(c) No structure of a temporary character, trailer, mobile home,
basement, tent, shack, garage, bar~ •. or other outbuilding shall be used on any I
of the above lots at any time as a residence, either temporarily or permanently1
2. UTILITY EASEMENT. Easements for the installation and maintenance •
of utilities and drainage facilities are reserved through, over, and across I
that portion of the lots described as follows:
The North ten (10) feet of the lots in Block 1 and Block 2;
the South ten (10) feet of Lots 1 to 7, both inclusive, of
Block 3;the North ten (10) feet of Lots 8 to 13, both
inclusive, Block 3;. the North ten (10) feet of Lots l to 3,
both inclusive, Block 4; th e South ten (10) feet of Lots 4
to 7. both inclusive, Block 4; the South ten (10) feet of
Lots 1 to 9, both inclusive, Block 5; the ten (10) feet
contiguous with Comanchero Trail in Lots 10 to 17, both
inclusive, Block 5; the ten (10) feet contiguous with Apache
Drive from the Southwest corner of Lot 1 to the Southeast
corner of Lot 9. Block 6: t h e ten (10) feet of Lots 1 to 8 •.
., .
-L_.
I .•
•
Book 367 Page 259
3. ENFORCEMENT. Enforcement shall be by proceedings at law or in
equity against any person, or persons, firm or corporation violating or
attempting to violate any covenants, either to restrain the violation or to
recover damages.
STATE OF ~~.·
COUNTY OF --d~
. )
} SS.-
)
The above instrument was acknowledged before me this ~/~~·day of
1 .. ,.1., .. ".''A / ~~._... .. ~~~·C£_.__(.,(/'~~~' A~ D. 1965, by Henry W. Dietz, III, President, and Henry W.
/~
Diet~,. IV, Secretary of Elk Creek Development, Inc. . . . . ; ~
I
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Notary Public / 7 i
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Recorded at 10:12 A.M.
Reception No. 244039
August 5, 1969
Chas.S.Keegan,
Recorder.
AME~WMENT TO RESTRICTIVE COVENfu'JTS
OF ELK CREEK DEVELOPMENT
OF RECORD IN DOCUMENT NO. 230525
Book 403
Page 553
KNOh' J..LL MEN BY THESE PRESENTS that the Elk Creek
Development, Inc., a corporation, the owner of certain real
property described on the map recorded or filed as Document No. I . .
230521 in the office of the Clerk and Recorder of Garfield County,
Colorado, did on June 29 ·; .19 65, record restrictive covenants
concerning the property in the Elk Creek Development, which
instrument is recorded in the off ice of the Garfield County
Clerk and Recorder in Book 367 at Page 258 with Reception No.
230525;
That Section (a) of Paragraph 1 is hereby amended to
read as follows:
"(a) No dwelling house or dwelling structure
shall be permitted on any lot having a floor
area of the main structure, exclusive of
carports, patios, and basements, of less than
eight hundred square feet. Dwelling houses
are limited to one family dwellings."
Except as herein amend ed, the restrictive covenants
contained in said instrument of record as Document No. 230525
are hereby ratified and approved.
corporation has IN WITNESS l·IBEREOF, the under yqned
signed the above on this ~cf day of ( ,,.]?.L
!l;:,..:,...J~j~-----
ATTEST:
1
\ ,~uvr lc.J. clJ ,;r;:Llz .
' //Secretary
ELK CREEK DEVELOPME 1 T, INC · .
By zi~-.,r·/.-/ ~----/ 7sidentr---
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Book 403 · Page 554
STATE OF M~1 :z4-J
COUNTY OF k~z-L/
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The instrument was acknowledged before me this
day of
President, and Henry w. Dietz, IV, Secretary of Elk Creek
Development, Inc.
seal. Wi tness --my .hand and of (/ial
My conunission expires~~.....--~-~z~.<~:~.:-.,,L.--'}~h~Z~Z~/~~~-
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otary Public
STEVEN M. BEATTIE
GLENN D. CHADWICK
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
710 COOPER AVENUE. SUITE 200
GLENWOOD SPRINGS, CO 81601
March 3, 1994
SENT BY FAX AND REGULAR MAIL
Walter E. Brown
1120 Grand Avenue
Glenwood Springs, CO 81601
• f"'~::r ~:·~~:7PW,~ \ . •'-.L'~'-\ ir~;n ~ im: b
::4.! :; •. . -~·---· ·--·---·---~ -·~lPh.::.LD COUNTY
-Uf 1 TELEPHONE (303) 945·8659
FAX (303) 945-8671
RE: Elk Creek/Kozak King Subdivision Exemption
Dear Walt:
I have reviewed your two faxes carefully. I do not believe
there is a dispute here. My revision of the proposed resolution,
from use of the term "vehicular access" to "legal access", is
merely a more accurate term. The Kozak exemption application
proposed legal access across Lot 12 to serve three of the new
development parcels, not merely vehicular access. The revision
of this language in no way affects the legality of any other
available access, as I see it.
My comments to you the other day were that the County
Commissioners did not have before them, and did not decide, that
the Kozak-King land owners could use the subdivision roads for
their legal access to the development parcels without agreement
with the Association as to construction and maintenance fees for
the roads. The County Commissioners rightfully did not address
this issue.
The Association has no dispute the Kozak-King landowners
plan to use subdivision roads as long as they come to agreement
with the Association, before construction, regarding construction
and road maintenance fees. However, it sounds like your clients
are also in agreement with this process and so I believe we
should let the process go forward as efficiently as possible.
My comment on paragraph 9B of the resolution refers only to
the fact that the Association's waterline easement is not
properly shown on the proposed plat. It appears on the proposed
plat as if the easement begins north of Lot 12, rather than
crossing Lot 12.
Kazimierz and Esther Kozak
June 15, 1993
' Page 2 r
I
Alternative 1 would require a 1-inch master meter, booster pump, 2-inch main line, and a
minimum 3,000 gallon storage tank. The master tap would be located below the treatment
plant and in the existing Elk Creek Subdivision utility easement.
Alternative 2 would require essentially the same improvement as Alternative 1, except a
minimum 4,000-gallon storage tank is recommended. The master tap cou ld be located as in
Alternative 1 or near the lower house off of County Road 245. Alternative 2 appears to be
more expensive than Alternative 1 and may incur physical constraints such as steep slopes,
rock')' soils, and irrigation ditches.
Chlorine Contact Time
Based upon the current layout of the New Castle water treatment plant, the clearwell provides
adequate chlorine contact time for water delivered to the Kozak property. The existing
120,000-gallon clearwell could provide up to 170 minutes contact time for the maximum rated
treatment plant flow of 700 gallons per minute. The Colorado Department of Health guidelines
recommend a minimum contact time of 30 minutes.
Impact to Water Treatment Plant
The proposed development would have minimal impact to the Town of New Castle's water
treatment plant. The impacts would include incremental chemical and power costs. There
should be no impact to peak demands on the New Castle system as the proposed storage tank
will buffer peak demands for the Kozak property.-
There will be some issues to work out with the Town, which may include tap fees (master
meter fee), timing, and water rights dedication.
Please call if you have any questions.
MJE/blh
931-072. 000
cc: Bill Lorah
Very truly yours,
um
Wright Water Engineers, Inc.
.DENVER OFFICE
2490 West 26th Ave ., Suite 100 A
Denver, Colorado 80211
(303) 480-1700
Kazimierz & Esther Kozak
0046 Apache Drive
New Castle, Colorado 81647
June 15, 1993
RE: Kozak Property -Proposed Water System
Dear Mr. & Mrs. Kozak:
GLENWOOD SPR I NGS OFFICE
818 Colorado Avenue
P. 0 . Box 219
Glenwood Springs, Colorado 81602
(303) 945-7755
Denver Direct Lin e : 893-1608
This letter outlines proposed water system improvements for your property located north of
New Castle. The source of water is proposed to be a tap(s) from the Town of New Castle's
water system.
Water Requirements
The proposed development of four single-family houses will require an estimated 580,000
gallons per year including 400,000 gallons for in -house use and 180,000 gallons for irrigation.
This is an average demand of 1,600 gallons per day with an estimated peak demand in July of
4,000 gallons per day. These calculations are based upon planning level assumptions which
include:
• 3.5 people per house.
• 80 gallons per person per day (in -house use).
• 2,500 square feet of lawn and garden irrigation per house.
Water System Improvements
There are two alternatives for serving the property. Alternative I is to serve the three upper
houses from a master meter tap and the lower house from a single tap off the Town's main
located along County Road 245. Alternative 2 is to serve all four houses from a master meter.
Both alternatives propose a storage tank to lessen peak demands on the New Castle system and
provide emergency back-up supply. Fire protection is not provided in ei ther alternative.
'•
Please call me if you have any questions. I would hope that
everyone can now move forward with the process quickly. I am
sending my comments on the resolution over to Dave Michaelson
with a copy of this letter. If you h a ve any proposed changes to
the resolution please send me a copy. Thank you for your
attention to this matter.
Very truly yours,
S~e~
SWS:bd
cc: Elk Creek Homeowner's Association
Dave Michaelson, Count Planner
5-91
Sec. 25: WY2 NE Cont. Net 38.64 Ac. lying No.Ea. & So.Ea. of Elk Cr. Dev. Unit 1 also a Tr.
Cont. .11 Ac. in the NENWSE Beg. at a pt. whence the EY" cor. BEARS: N 89 • 58' E. 1496. 73';
thence S 34 °23' W. 62.75 '; thence N 67°42' W. 136 .22', thence N 89° 58' E. 161.47', to POB.
EXCEPT a Tr. Cont .. 11 Ac. in the SESWNE
Beg. at apt. whencethe 1/"Cor. BEARS: N 89° 58' E .1 496.73'; thence N. 34 °23' E. 68.0, thence
S 64 °28' E. 129.98', thence S 89° 58' W. 155.29 to POB.
TOTAL: 38.64Ac.
)
' .
,.
ROBERT DELANEY
(OF COUN S EL)
K ENNETH B A L C OMB
JO HN A . THULSON
EDWARD M ULH A LL , .J R .
R O BERT C. C UTTER
SCOTT BALC OMB
LAWRENCE R . GREEN
ROBERT M . N O ONE
TI MOTH Y A . THULSON
MARG ARET O 'DONN E LL
LORI .J .M . SATTERFIELD
Don DeFord
DELANEY & BALCOMB, P. C.
ATTORNEYS AT L AW
DRAWER 7 90
G L ENWOOD SPRINGS, C O LORADO 8 1 002
April 27, 1994
Garfield County Attorney
109 8th Street, Suite 300
Glenwood Springs, CO 81601
RE: Kozak Exemption
Dear Don:
•
818 CO LO R A D O AV EN U E
TELEPH O NE 945-6 546
T E LECO P I ER 9 4 5-890 2
A REA CO D E 3 03
Resolution No. 94-024 granting conditional approval of the
Kozak Exemption required in par agraphs 3 and 10 thereof that a
final judgment be obtained from the Ga r field County District Court
declaring that Lot 12 of the Elk Creek Development may be legally
used to provide vehicular access to Lots 1, 2 and 3 of the Kozak
Exemption. As we discussed on April 1 2, 1994, this would require
joining all owners of lots in the Elk Creek Development in a
declaratory judgment action. Al though I have every confidence that
such a law suit would be successful, t h e cost of the same would be
substantial.
The applicants for the exemption have very nearly exhausted
their resources in battling this mat t er to this point. As you
know, the Homeowners Association resisted the exemption at every
turn. Because of this I have again returned to a closer
examination of the documents involved and would like to suggest to
you an alternative to the District Court decree.
The plat of Elk Creek Development was recorded June 29, 1965
as Reception No. 230521. The plat contains no statements
concerning the use of the property depicted on the plat other than
the dedication to the use of the public of the streets and avenues
designated thereon.
Also on June 29, 1965, restrict i ve covenants for Elk Creek
Development were recorded as Reception No. 230525. The preamble of
those covenants reads as follows:
Know all men by these presents that the Elk
Creek Development, Inc., a corporation, the
owner of the real property described on the
map recorded or filed as Document No. 230521
Don DeFord
April 27, 1994
Page 2
in the office of the Cler k and Recorder of
Garfield County, Colorado, and having
subdivided said property into lots to be used
exclusively for residence purposes and to
protect the purchasers of said lots by
appropriate restrictive covenants, do hereby
adopt the following •..•
The restrictions then adopted pertain only to Lots 10 through 17 of
Block 5 and all of Blocks 6, 7 and 8. Those restrictions deal with
the use of those lots for single-family dwellings. Paragraph 2 of
the covenants pertains to the e n tire subdivision, but only
addresses the question of easements for utilities and drainage.
Paragraph 3 addresses the question of enforcement.
My theory is that the preamble of the covenants expresses an
intent to utilize the property the subject of the plat, but in fact
the only restrictions imposed are contained in paragraphs 1 and 2
of the covenants. This was reinforced by an amendment to the
restrictive covenants recorded August 5, 1969 as Reception No.
244039. That amendment addressed subparagraph l(a) of the
covenants which again only affects Lots 10 through 17, Block 5 and
all of Block 6, 7 and 8. The amendment clarified that the use of
the word "building" was a "dwelling house or dwelling structure."
Restrictive covenants are to be strictly construed and here
the developer did not restrict the use of all of the property but
only expressed an intent to do so, an intent which was never
carried out for the entire subdivision insofar as residence use
purposes are concerned.
The adoption of my interpretation of the covenants would
assist my clients greatly inasmuch as the total number of lots
restricted to single-family dwelling purposes is 39. The owners of
those 39 lots only include 20 owners. We feel sure that we can
obtain from those 20 owners a recordable document evidencing their
consent to the use of Lot 12 as a roadway.
I would appreciate you giving this matter your earliest
consideration. If you agree with my analysis, please advise how
best we should go about revising Resolution No. 94-024 to allow
this procedure rather than a declaratory judgment from the District
Court.
Don DeFord
April 27, 1994
Page 3
Your very earliest attention to this matter would be
appreciated.
Very truly yours,
DELANEY & BALCOMB, P.C.
By
JAT:sv
cc: Mr. and Mrs. Kazimierz Kozak
··---------
(j .. ;.J :·
,·
the Board and recorded in the Office of the Garfield County Clerk and Recorder
shall be guilty of a misdemeanor and shall be subject to a fine of not more than
One Thousand Dollars ($1000.00) nor less than Five Hundred Dollars ($500.00)
for each parcel or interest in such subdivided land which is sold. No person shall
be prosecuted under this provision unless an action is instituted within eighteen
(18) months after recordation of the instrwnent transferring or selling the
subdivided land.
The Board shall have the power to bring an action .to enjoin subdivider from
selling subdivided land before a Final Plat for such land has been approved by
the Board. The Board shall provide for the enforcement of these Regulations by
means of withholding building permits or other County permits from any
illegally created lot, interest in property or conveyance of property which has
occurred in violation of these regulations . Any violation of this Section shall be
prima facie evidence of a fraudulent land transaction and shall be grounds for
the purchaser to void the transfer or sale.
1:63 The County may withdraw approval by the Board of a plan or plat if it is
determined that information provided by the subdivider, and upon which such
decision was based, was and is substantially false or inaccurate.
1:64
1:65
1:70
1:71
Boundary line adjustments for parcels not contained in,_a recorded subdivision
of record shall not be required to meet the requirements of these regulations,
provided that notification of the revised legal descriptions of the subject parcels
is provided to the Department of Development within thirty (30) days of
conveyance and that no new parcels or interests are created.
The Board, or any purchaser of subdivision property subject to a plat restriction
which is security for the subdivision improvements agreement, shall have
authority to bring an action, as provided by Colorado state law, to compel
enforcement of the agreement on the sale, conveyance or transfer of such
property. Further, that the Board may vacate any Final Plat that violates the
agreements set forth in the Subdivision Improvements Agreement.
EXISTING SUBDIVISIONS
Subdivisions recorded prior to the eITective date of these Regulations shall be
governed by the appropriate regulations in force at the time the subdivision was
created. The resubdivision of existing subdivisions shall be governed by Section
7:00 of these Regulations.
1-3
(
""".'.°"·,
.-·:_Ii -·
... .'.>' 7:00 RES UBD IVISION
1.···
I: I''
\
7:10 The redivision into separate interests of any lot, block, parcel or multiple-
dwelling unit, or the major relocation of or addition to any roads within a
subdivision, shall be considered a resubdivision and shall be governed by the
Subdivision Regulations.
7:20 The redivision into separate interests oflarge tracts or blocks ofland, designed
with the intention of redivision and so indicated on a recorded subdivision plat,
may not be required to comply with those provisions of the Subdivision
regulations which the Board determines are satisfied by reference to Preliminary
Plan or Final Plat approval for the original subdivision.
7:30 The redivision, through conversion into condominiums, apartments or other
multiple-dwelling units may not be required to comply with those provisions of
the Subdivision Regulations which the Board determines are satisfied by .
reference to Preliminary Plan and/or Final Plat approval for the original
subdivision, provided the proposed conversion will not substantially increase
land use density.
7-1
•
January 24, 1994
Dave Michealson
County Planning Dept.
109 8th St. Suite 303
WA L TER E. BROW N Ill
A TTOR N E Y AT LAW
1 120 GRA ND A VEN U E
GLENWOOD SPR I NG S, CO L ORA DO 81601
(303) 945-236 1
FAX 945-8903
Glenwood Springs, Colorado 81601
RE: Kozak Exemption
Dear Dave:
•
MAIL I NG A DDRESS:
P .O . D RAW E R 2 0 1 0
G LENW OO D SPR INGS, CO 81 602
This will confirm that I called your off ice this date and
advised that Esther Kozak's son died Friday, January 21, 1994. She
is to bury him this Sat urday. Because of this development, I have
not had the chance to review the proposed resolution with her.
Therefore, I would appreciate it if you could defer until Monday,
January 31, 1994, receiving our ful l input on suggested changes in
the draft you sent.
In the event you are unable to wait for Esther's return, I do
want to repeat my earlier comment that in paragraph 10 of the
draft, I would like to see language that permits the applicant to
reach agreement with the Elk Creek Homeowners Association
concerning access across Lot 12 o f the Elk Creek Development in
lieu of having to obtain a final judgment from the Garfield County
District Court declaring Lot 12 can be used for access. I believe
that both the Commissioners and the County Attorney had no
objection to this alternative.
Please advise of your decision .
....