HomeMy WebLinkAbout1.0 ApplicationHrK-1d-dbb1 10:26A FROM:BLOGPLANGARCO 9703843470
Amended Plat Application Form
Applicant Name: Michael P. Kennedy and Julie A. Kennedy
TO:9P9459759 P:2'2
Coryell Ranch Company, LLC
Please attach a brief description of the amendments to take place, then sign and attach to this
application.
Subdivision Name: Kennedy Subdivision Exemption
Owner: Michael P. and Julie A. Kennedy
Engineer/Planner/Surveyor: Ken Wilson of Schmueser Gordon Meyer
Location: See legal on Amended Plat
28 &
Section 29 Township 7S Range 88W
Change in Public Access? YES NO If Yes Where? See attached cover letter.
Existing Zoning: A/R/RD
Change in Easements? YES NO If Yes Where? see attached cover letter.
Original Lot(s) Size(s) Lot A - originally 2.19 acres increased to 2.36 acres;
Lot B - originally 2.02 acres increased to 3.32 acres.
Planning Department Review Fee:
County Surveyor Review Fee:
Total Filing Fee:
$100.00
$40,00
$140.00
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
DAVID SANDOVAL
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
VIA HAND DELIVERY TO:
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.9769
June 15, 2001
Mark Bean, Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Amended Plat Kennedy Subdivision Exemption
Dear Mark:
RECEIVED JUN 1 5 2001
OF COUNSEL:
KENNETH BALCOMB
As you and I have previously discussed, Michael P. Kennedy and Julie A. Kennedy are the owners
of the two Lots contained in the Kennedy Subdivision Exemption, the plat of which is recorded in the
Garfield County records as Reception No. 474064. The Kennedy Subdivision Exemption borders the
easterly boundary of the Coryell Ranch Subdivision.
During the zoning and subdivision review process of the Coryell Ranch PUD, Coryell Ranch
Company and Mr. and Mrs. Kennedy entered into an agreement which provides that Coryell Ranch Company
is to convey a parcel of land containing approximately 1.47 acres (the "Kennedy Expansion Parcel") to the
Kennedy's. Because the Kennedy property is part of a platted subdivision exemption, the conveyance, in
my opinion, cannot be made pursuant to the County's boundary line adjustment procedure, but must be made
in connection with an amendment of the Kennedy Subdivision Exemption Plat which reflects the addition
of the Kennedy Expansion Parcel to the existing platted Lots. The conveyance of the Kennedy Expansion
Parcel has not yet been made. However, the Kennedy Expansion Parcel was omitted from the boundaries
of the Coryell Ranch Subdivision Final Plat thereby putting the status of the Kennedy Expansion Parcel
somewhat in limbo.
In order to cure this problem, and to satisfy Coryell Ranch Company's obligation to the Kennedy's,
we have enclosed for the County's review and approval:
1. Garfield County's Amended Plat Application Form properly completed for this Application;
2. Two copies of the proposed Amended Plat Kennedy Subdivision Exemption;
3. The proposed Deed of Conveyance by which Coryell Ranch Company will convey the
Kennedy expansion parcel to Michael P. and Julie A. Kennedy; and
4. Our check in the amount of $140.00 which we understand to be the correct Application fee.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mark Bean, Director
June 15, 2001
Page 2
The purpose of this Amended Plat is to add the Kennedy Expansion Parcel to the Kennedy
Subdivision Exemption lots and to relocate the internal boundary line between Lots A and B within the
Kennedy Subdivision Exemption. Mr. and Mrs. Kennedy are the owners of both Lots within the Kennedy
Subdivision Exemption, so we believe this amendment falls under the category of a plat amendment that will
not result in the relocation of property lines between more than two adjacent properties which can be
approved by the Board of County Commissioners without the formal hearing requirements set forth in
Section 6:10 of the Garfield County Subdivision Regulations. Nevertheless, we wish to point out the
following factors which we believe are particularly relevant to the County's consideration of this amended
plat application:
1. If approved, the amended plat will not increase the number of subdivision lots or dwelling
units allowed in Garfield County, and the County will not be obligated to issue any greater number of
building permits than if the amendment were not approved.
2. This amendment will not result in the relocation or addition of any roads. Under the Coryell
Ranch Company/Kennedy Agreement, both Lots within the Amended Kennedy Subdivision Exemption will
have access from County Road 109 over the already constructed roads within Coryell Ranch Subdivision.
In exchange, the historic access easement to the Kennedy Subdivision Exemption is being abandoned.
3. The existing improvement upon Lot B ofthe Kennedy Subdivision Exemption receives water
and sewer service from a well and septic system. This will not necessarily change. However, under the
terms ofthe Coryell Ranch Company/Kennedy Agreement, Coryell Ranch Company has heretofore extended
water and sewer lines to the property boundaries of both Lots within the Amended Kennedy Subdivision
Exemption. These service lines are owned by the Roaring Fork Water & Sanitation District, and both Lots
within the Amended Kennedy Subdivision Exemption can obtain water and sewer service simply by paying
the applicable tap fee to the District and tying into the District's lines.
We greatly appreciate your's and the Commissioners' attention to this amended plat request. As
always, please call me with any questions or concerns you may have about this Application.
Very truly yours,
BALCOMB & GREEN, P.C.
Lawre�men(
LRG/bc
Encls.
xc: Michael and Julie Kennedy (w/encls.)
Donald L. Parris (w/out encls.)
GENERAL WARRANTY DEED
CORYELL RANCH COMPANY, LLC, a Colorado limited liability company, Grantor, whose
address is 9929 State Highway 82, Carbondale, Colorado, 81623, for the consideration of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to MICHAEL
P. and JULIE A. KENNEDY, as joint tenants, Grantee, whose address is P.O. Box 1383, Carbondale,
Colorado, 81623, the following real property in the County of Garfield, State of Colorado:
See Exhibit A attached hereto and incorporated herein by this reference;
with all its appurtenances, and warrants the title to the same except for real property taxes for 2000 and
subsequent years, not yet due and payable, and subject to all matters of record or in place.
SIGNED, this day of June, 2001.
STATE OF COLORADO
) ss
COUNTY OF GARFIELD
CORYELL RANCH COMPANY, LLC,
a Colorado limited liability company
By: Coryell Ranch Management Company, Inc.,
a South Carolina corporation, its Manager
By:
Donald L. Parris, Vice President
The above and foregoing document was subscribed and sworn before me this day
of June, 2001, by Donald L. Parris, Vice President of Coryell Ranch Management Company, Inc., a South
Carolina corporation, Manager of Coryell Ranch Company, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
My address is:
Notary Public
EXHIBIT A
to General Warranty Deed dated June , 2001, between
Coryell Ranch Company, LLC, Grantor, and Michael P. and Julie A. Kennedy, Grantee
A tract of land situate in Section 29, Township 7 South, Range 88 West of the 6th
Principal Meridian being more particularly described as follows:
Beginning at a point whence the East 1/4 corner of said Section 29 bears S 00°24'20"
W 154.76 feet; thence, N 00°24'20" E, 427.33 feet along the east line of said Section 29;
thence N 89°35'40" W, 150.00 feet along the south line of Coryell Ranch, County of
Garfield, State of Colorado; thence, S 00°24'20" W, 425.37 feet along the east line of Lot
26 of said Coryell Ranch; thence, S 88°50'42" E, 150.02 feet to the point of beginning,
containing 63,953 sq.ft. or 1.468 acres more or less.
STATE OF COLORADO )
)ss
County of Garfield )
BOOK 0929 PAGE 688
Recorded at 1:56 o'clock p.m. January 24,1995
Reception.NO. 473699 Mildred Alsdorf
Recorder, Garfield County, Colorado
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the23rd of January A.D. 19 95 , there were present:
Marian I. Smith
Arnold L. Mackley
Elmer (Buckey) Arbaney
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 95-007
A RESOLUTION CONCERNED wan GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR MICHAEL AND JULIE
KENNEDY.
WHEREAS, MICHAEL AND JULIE KENNEDY 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 4.209 acre tract as described in Book 874, Page 472, Reception #452035
as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) parcels
of approximately 2.020 and 2.189 acres in size, more or less, with the exemption parcels more
practically as follows:
Lot A (See Attached)
Lot B (See Attached)
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioner has 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 Petitioner has 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
• •
Bnol(09?9.'efi689
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
NOW THEREFORE, BE 1T RESOLVED that the division of the above described 4.209 acre
tract into Lots A and B is hereby exempted from such definitions and may be conveyed in the form
of such parcels" Lot A" and " Lot B" as is more fully described above and that a copy of the
instrument or instruments of conveyance when recorded shall be filed with this Resolution.
Dated this 23rd day of January
ATTEST:
vote:
, A.D. 19 95 .
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smith
, Aye
Arnold L. Mackley , Aye
, Aye
Elmer (Buckey) Arbaney
STATE OF COLORADO )
)ss
County of Garfield )
1, , 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. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
•
J_EGAI_ DESCRIPTION
WILL
BODI(1.JJe iPRG(. 0
•
A tract of land situated In Lot 25 of Section 28, Township 7 South, Range 88 West of the
6th Principal Meridian, Garfield County, Colorado, and being more particularly described
es follows:
Beginning at a point on the Westerly boundary line of said Lot 25 whence a Bureau of
Land Management aluminum cap found In place and properly marked for the W1/4 Corner
of said Section 28 bears S 00.26' W 270.14 feet; thence N 00.26' E 385.90 feet along
the Westerly boundary line of said Lot 25 to the Northwest Corner of said Lot 25; thence
S 89.23' E 143.27 feet along the Northerly boundary line of said Lot 25 to a point on the
Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad; thence
S 22°03'44" E 499.17 feet along said railroad right-of-way line to a point on the Easterly
boundary line of said Lot 25; thence S 00°31'12" W 152.76 feet along said Easterly
boundary line; thence N 22.03'44" W 325.58 feet; thence West 100.00 feet; thence South
70.70 feet; thence West 110.00 feet to the point of beginning, containing 2.006 acres
more or less.
Also
A tract of land situated In Lot 25 of Section 28, Township 7 South, Range 08 West of the
6th Principal Meridian, Garfield County, Colorado, and being more particularly described
as follows:
Beginning at a point on the Northerly boundary line of said Lot 25 also being a point on
the Southwesterly right-of-way line of Colorado State Highway No. 82, Federal Aid Protect
No. 50130 (10) whence a Bureau of Land Management aluminum cap found In place and
properly marked for the W1/4 Corner of said Section 28 bears S 25.53'54" W 725.53 feet;
thence S 35.14'19" E 39.38 feel along said Southwesterly right-of-way line to a point on
the Easterly boundary line of said Lot 25; thence S 00.31'12" W 168.26 feet to a point on
the Northeasterly right-of-way line of tha Denver and Rio Grande Western Railroad; thence
N 22.03'44" W 216.93 feet along said railroad right-of-way lime to a point on he Northerly
boundary line of said Lot 25; thence S 89.23' E 60.30 feet along said Northerly boundary
line to the point of beginning, containing 0.183 acre more or less.
The total acreage of Lot A is 2.189 acres more or less.
LOT B.
A tract of land situated in Lot 25 of Section 28, Township 7 South, Range 88 West of the
6th Principal Meridian, Garfield County, Colorado, and being more particularly described
as follows:
Beginning at a Bureau of Land Management aluminum cap found In place and properly
marked for the W1/4 Corner of said Section 28; thence N 00.26' E 270.14 feet along the
Westerly boundary line of said Lot 25; thence East 110.00 feet; thence North 70.70 feet;
thence East 100.00 feet; thence S 22.03'44• E 325.58 feet to a point on the Easterly
boundary line of said Lot 25; thence S 00.31'12' W 43.39 feet along said Easterly
boundary line to the Southeast Corner of said Lot 25; thence N 89.16' W 333.96 feet
along the Southerly boundary line of said Lot 25 to the point of beginning, containing
2.020 acres more or less.
Garfield County Planning Department
'C] BOCC
Project Name:
❑ Planning Commission
Type of Application:
O Special Use Permit
O Conditional Use Permit
O Subdivision Exemption
O Subdivision Final Plat
O Subdivision Final Plat Amendment
O Subdivision Preliminary Plan
5. Amendment to yhi,.e it Xe. 'ti-tit)11uv\
O Other
trt5 -
❑ Public Hearing Est. Duration:
Today's Date:
❑ BOA
Public Meeting
❑ Consent Agenda
To do what:. or' J
cJ\ R0 i 6 -' t%ej -±0t/(k. `-N `' lio to�.<
Est. Duration:
Meeting Date:
Site Location: ( e
Time:
❑ 1:15 pm
X 10:00 am
k l,rtA; k. A c :t n.t.%`{' :-i' r r -(4,f
-t-LL H cro.c
Section / Township / Range: (optional) c047 / ' iq
J Li.
Applicant'
(-kat \ P. °d-' Tu
e. A • t\e.. %ri v\e- cQy
Requested Action: Approval U Denial
Item Advertised? ❑ Yes If yes, when?
Staff Planner:
Mark Bean
O Kit Lyon
O Randy Russell
O Greg Butler
No
Garfield County
Mr. Larry Green
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Dear Larry:
Building & Planning Department
August 10, 2001
I have set up a meeting time of August 20, 2001 at 10:00 a.m. with the Garfield County
Board of Commissioners to review your request to convey a parcel of land containing
approximately 1.47 acres to the Kennedy Exemption. At that hearing, the Board will
either approve or deny your request. If approved a milar will need to be drawn up, signed
by the BOCC and recorded in the Clerk's Office.
It is not necessary for you to be in attendance but you are certainly welcome and
encouraged to attend. If you have any questions, please feel free to give me a call.
109 8th Street, Suite 303
Sincerely,
Cathi Edinger 1
Planning Technician
945-8212/285-7972 Glenwood Springs, Colorado 81601