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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED MAR 0 8 2004 GARFIELD COUNTY BUILDING & PLANNING AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: 0406 4 ° t 2ILv ' 4-L i$ 16,56 -_CC, Legal Description: LUf 42 rhafkLS 1, , s w' 0 ► A CO n 1 Subdivision Name: A‘n_4.- >Description of Proposal: (1.6u cf bo(unlati L 1)th/Le Luf 41 4i 41) he, - u71-; ti e I s ,the v CoolDurs oL i a -+4I ai i k Va 2-x s h -4 L ' � -e otteAA4 __aAes 1 D Name of Property Owner (Applicant): rYli '.* L i . bi— '. 1 _4110 i ' D Address: Po ED l 0 3 Telepho - : %ZA-/33O City: i i• -0-e State: L___ Zip Code: . 1 ip FAX: 0-6 427-13 Name of Owner's Representative, if any (Planner, Attorney, etc): D Address: Telephone: City: State: Zip Code: FAX: STAFF USE ONLY Doc. No.: Date Submitted: TC Date: D Planner: Hearing Date: > Zone District: Last Revised: 11/21/02 1 I. PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. 1. Application for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision lots or dwelling units, b) results in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. If approved, the amended plat shall comply with plat requirements outlined below (subsection B). 2. An application for an amendment to a at of an existing subdivision, established prior to County subdivision regulations, that do not have an approved Preliminary Plan to verify the consistency with the proposed ame ded plat, or that results in the relocation of property lines between more than two (2) adjace t properties, shall be subject to the criteria and public meeting requirements as follows: A. The Board shall not approve an opplication for an amended plat as mentioned above unless the applicant has satisfied the following criteria: 1) All Garfield County zoning requirements will be met; 2) All lots created will have legall access to a public right-of-way and any necessary access easements have beer] obtained or are in the process of being obtained; 3) 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; 4) All applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8) School fees, taxes and special assessments have been paid. B. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: 2 (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. (3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. A correction may be made to an approved plat, if the sole purpose is to correct technical errors such as minor surveying errors and drafting errors, and the correction is consistent with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical compliance, the corrected plat shall be brought before the Board at a regularly scheduled public meeting for review and decision. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). B. Upon approval of an Amended or Corrected Plat by the Board, the following plat requirements shall apply: A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, shall the request require a public hearing, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. 3. The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. 4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL REQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) A. The following application submittal requirements shall only be applicable to Procedure 1 and 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: .narrative expla tion of the reason for the application. The consent of a and owners involved. Copiy of the deed showinwnership of the parcel(s), or a letter from the property owner(s), if other than the applicant. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental informatiol shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. 2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adjustment. 3. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 4 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the statements above and have provided the required attached information which is correct and accurate to the best t'my knowledge. I/ vikq (Signature of applicant/owner) 5 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and 11A1 druid Lcul koritc (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for l YV�Q -4- (off P 1)(0* , Lof qi 4- Lo f y Z Av\+.rs Oraka. (hereinafter, THE PROJECT). Com cAs P1A J . 1 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT (KbC Signature Date: clkoLl Print Name to-K6'10Y-kk' Mailing Address: P.O. .RDx 14-13 i , CD g1ta.50 Page 4 April 7, 2004 Jim Hardcastle Senior Planner Garfield County Buidling & Planning Department 108 8th Street Glenwood Springs, CO 81601 Dear Mr. Hardcastle: Blaine & Colleen Peters 0400 Miller Lane Rifle, CO 81650 RECEIVED APR 1 2 2004 GARFIELD COUNTY BUILDING & PLANNING We, the owners on record of Lot 41, Antlers Orchard Development Company, do hereby consent to the Amended Plat Application for Lot 41 and Lot 42, Antlers Orchard Development Company. Thank You, Blaine Peters Colleen Peters 5' 1111111 IIIII 111111 111 111111 IN 11111111 11Illi 1111 555125 11/89/1999 09:348 81139 P829 M RLSDORF 1 of 2 R 10.00 D 9.50 GRRFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this 8th day of NOVEMBER 1999, between DANA C. BRACKETT AND CRAIG BASS of the County of PITKIN Colorado, grantor, and BLAINE PETERS AND COLLEEN PETERS AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP, whose legal address is 1460 GRAND AVE, SILT, CO 81652 Recorder. and State of of the County of GARFIELD and State of Colorado. grantee: WITNESSETH, That the grantor for and in consideration of the sum of "'•NINETY FIVE THOUSAND AND N0/100`•' DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confine, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of GARFI ELD and State of Colorado described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity. of, in. and to the above bargained premises, with the hereditaments and appunenanccs. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever, And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and has good right, full power and lawful authority to grant, bargain. sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 1999 and subsequent years, U. S. Patent reservations, any and all prior mineral reservations, easements, rights of way and restrictions of record The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shalt include the plural Me plyhI rh singular, and the use of any ge er shall beapplicabl to all genders. W NESS WHEREOF, the gran has executedlthis d don the date tat forth abov A C. BRACKET, STATE OF COLORADO ) ss. County of GARFIELD The foregoing instrument was acknowledged before me this 8th by DANA C. BRACKETT AND CRAIG BASS My conunission expires 04/29/02 Commonwealth File No. 9910018 Witne my hand day of NOVEMBER d offi , seal. 1999 N Pub 127 East 5th Street Rifle, CO 81650 q 111111 11111 111111 111 111111 1111111 11111 III 11111 1111 1111 555125 11/09/1999 09:34A B1159 P830 M ALSDORF 2 of 2 R 10.00 0 9.50 GARFIELD COUNTY CO EXHIBIT "A" A parcel of land situated in the NW1/4SW1/4SW1/4 of Section 5 and the SW1/4NW1/4SW1/4 of Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian, being a portion of Lot 41 of the Antler's Orchard Development Company's Plat No. 1, recorded as Document No. 37488 and a portion of that tract described in Book 372 at Page 115 as Document No. 232857, excepting therefrom that parcel described in Book 531 at Page 568 and more particularly described as follows: Beginning at the Southeast corner of that parcel described in Book 531 at Page 568, monumented by an aluminum cap LS 10386; thence North 15°03'00" East along the easterly line of that parcel described in Book 531 at Page 568 a distance of 695.00 feet to the Northeast corner of said parcel and a point on the South line of the Haas exemption plat; thence North 89°39'47" East 399.26 feet, thence South 00°42'30" East 668.98 feet to a point on the South line of that tract described in Book 372 at Page 115; thence South 89°34' West along the South line of said tract described in Book 372 at Page 115 and the North line of a parcel described in Book 424 of Page 108, 588.22 feet to the TRUE POINT OF BEGINNING. TOGETHER with a non-exclusive easement for a driveway and utilities as reserved in deed recorded September 16, 1999 in Book 1150 at Page 774. SUBJECT TO a non-exclusive driveway easement over the northerly 25 feet and a utility easement over the northerly 15 feet as shown on survey by Hired Gun Surveying dated October 20, 1999. ALSO TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties contained herein, including: 6 acre feet of Silt Project Water; Well Permit No. 052379-F and West Divide Water Conservancy District Water Allotment Contract No. 990812#1BB(b) RETURN TO: ESTATE MASON &MORSE AVE 801 COLORADO81601 GLENWOOD SPRINGS, I !IIIII 11111 ■uIiiI 1111 ■111 IIIUII ■IUiUil III ■Ui.i 11.1 fu•l Recorder. 563172 05/09/2000 09:20A 61186 P327 M ALSDORF 1 of 2 R 10.00 D 11.50 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this 8th day of MAy 20 00. between DANA C. BRACKETT AND CRAIG SASS of the • County of PITKIN Colorado, grantor, and MICHAEL LANGHORNE AND TRACEY LANGHORNE AS JOINT TENANTS, WITH FULL RIGHTS OF SURVIVORSHIP, whose legal address is P.O. BOX 1473, RIFLE, CO 81650 and State of of the County of GARFIELD and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of ***ONE HUNDRED FIFTEEN THOUSAND AND NO/100""" DOLLARS. the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant. bargain, sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, it any. situate, lying and being in the County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right. title, interest, claim and demand whatsoever of the grantor, either in law or equity. of, in, and to the above bargained premises, with the herediumems and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the grantee, his heirs aid assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain. and agree to and with Inctgrantee. his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed. has good, sure, perfect. absolute and indefeasible estate of in heritance, in law, in fee simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same M manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes assessments. encumbrances and restrictions of whatever kind or nature soevcr. except general taxes and assessments for the year 2000 and subsequent. years, U. S. Patent reservations, any and all prior mineral reservations, easements, rights of way and restrictions of record The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural the plura angular, and the use of any gepder shall be appli``c$++ic to all genders. IN ITI�ESS WHEREOF, the g pdto%has eaectlted this ell on the date ser forth above. C. BRACKEIt'T STATE OF COLORADO County of GARFIELD WA/ OKUT/AVAIfimi{ttiltt/EAtt not CRRIC BASS The foregoing instrument was acknowledged before me this 8 th day of MAY 20 00 . by DANA C. BRACKETT, INDIVIDUALLY AND Ag / Attifibiti ipf /001 /146i CRAIG BASS. My commission expires 04/08/04 Witness my hand and official seal. JANET L. HUBBELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/08/04 Commonwealth File No. 0001048 Notary Public` 1Eastr 5th Street Rifle, CO 81650 L. Pe ti (0A rJ 2 , t7") to g +¢U r monco _ �z N 0 X a. to W Nam =mm mom o:u sum _N• In Stam 0 m Sao So: IFN o nc,1 2 EXHIBIT "A" A parcel of land situated in the NE1/4 SW1/4 SW1/4 of Section 5 and the SE1/4 NW1/4 SW1/4 of Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian, being all of Lot 42 of the Antler's Orchard Development Company's Plat No. 1, recorded as Document No. 37488 and a portion of that parcel described in Book 372 at Page 115 as Document No. 232857, and more particularly described as follows: Beginning at the Southeast corner of that parcel described in Book 531 at Page 563, monumented by an aluminum cap LS 10386; thence North 89°34' East along the South line of that tract described in Book 372 at Page 115 a distance of 588.22 feet to the TRUE POINT OF BEGINNING; thence continuing along said South line of the tract, described in Book 372 at Page 115 and the North line of the tract described in Book 690 at Page 113, North 89°34' East a distance of 660.00 feet; thence North 00°42'30" West a distance of 667.87 feet; thence South 89°39'47" West a distance of 660.00 feet; thence South 00°42'30" East a distance of 668.98 feet to the TRUE POINT OF BEGINNING. TOGETHER with access and utility easements reserved in deeds recorded September 16, 1999 in Book 1150 at Page 774 and November 9, 1999 in Book 1159 at Page 829 and an easement for driveway ingress and egress purposes 25 feet in width lying North and Northwesterly of the following described line with the North and Northwesterly 15 feet of said 25 foot wide strip also being an easement for utilities, and being more particularly described as follows: Beginning at a point which bears South 15°03'00" West 25.93 feet from the Northeast corner of that parcel described in Book 531 at Page 568 of the Garfield County Records; thence North 89°39'47" East 1388.86 feet; thence North 37°32'36" East 358.23 feet; thence North 36°52'19" East 333.41 feet; thence North 50°02'35" East, 187.64 feet to a point on the South right of way line of a County Road. TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property, title to which is not included in the warranties contained herein; including but not limited to: 8 acre feet of Silt Project Water; Well Permit 11052380 and the West Divide Water Conservancy District contract that is appurtenant to said well permit. Amended and Corrected Plats Application for Lot 41 and Lot 42, Antlers Orchard Companys Plat No. 1 The purpose of this application is to amend the current boundary line between Lot 41 and Lot 42 of Antlers Orchard Development Companys Plat No. 1. The existing drainage that runs along the northwest corner of Lot 42 and along the southeast corner of Lot 41 creates access issues for each lot owner to the parcel of land that is on the opposite side of the drainage (see map for detail). The Amended Plat would adjust the current boundary line between the two lots to reflect more upon the lay of the land than upon the original lot configuration and allow each property owner additional useable land.