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HomeMy WebLinkAbout1.0 Application Plan B Real Estate 401 27th Street Suite 170 Glenwood Springs, Co 81601 Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. Presented To: Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 May, 2015 Supplemental Docs June, 2015 Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. TABLE OF CONTENTS Cover Letter Deed and Title Commitment Division of Land Application Form Payment Agreement Form Statement of Authority Letter of Authorization Property Owners Within 200 Ft Water Rights Mineral Rights Vicinity Map Copy of Existing Plat Draft Amended Final Plat Copy of Pre-Application Conference Form Completeness Letter and Response May 13, 2015 Garfield County Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Final Plat Amendment Parcel# 2392-274-01-003 Lot A of the Dixon Subdivision recorded at Reception# 644474 with the Clerk and Recorder's Office To whom it may concern : Hi pa, Hipa LLC, is the sole owner of lot A of the Dixon Subdivision located on Hwy 82, Carbondale . The purpose of the proposed Final Plat Amendment is to correct an erroneously recorded conservation easement. It appears that in 1996, the then property owners asked a surveyor to add a conservation easement to the property. The easement was added to the plat and recorded however no conveyance or ownership of the easement has been found. The property was purchased in 2014 before the error was discovered . The owner is requesting the plat amendment with one purpose only; to return the title to the proper status. The property owner is not requesting any waivers of subm ittal requirements . Enclosed for your review and approval is the application for Final Plat Amendment. Respectfully, f?/7,~ Jennifer Burr Plan B Real Estate Recorded at ________ o'clock M. ----------,---- Reception No. ______________________ Recorder. WARRANTY DEED HllS DEED, made on June 27, 2014 Between Divid e Creek Land and Cat tle Co. of ihc County ofGm1icld , and State of Colorado. granior. and Hipa Hi11a , LLC, whose legal address is: P.O. Box 5061, A<pcn, CO 8 1612 of the Couniy of Pitkin nnd Staie or Colorado. grnntcc: WITNESSETH. Thnt tho grnntor for and in considcrntion of the sum or Sl,500,000 00 DOLLARS. the receipt and sunicicncy or which is hereby acknowledged, hns grunted, bargained. sold and conveyed, and by these prcscnls doos grant, bargain. sell nnd convey and conlirm unto the grantee. its successors and assigns forever, all the real propeny rogcthcr with improvements,. if any. situate~ lying and being in the County ofGnrlicld and State of Colorado described as follows: See Attached Exhibit "A" ns known by s1rcc1 nnd number as: 12744 Highway 82 Carbondale CO 81623 TOGETHE R with all and singular the hercditamcnts and appu1tennnc<:s thereto belonging. or in anywise appertaining, and the reve1~ion and reversions, remainder and rcmnindcrs. rent~ issues and profHs thc1 cot~ and oil the estate, righl, title. intf!rest. claim nnd demand whmsocver of the grantor either in law or equity, or, in and to 1he above bargained prtmiscs, with the hered i1amcnts and appurtenances. TO HAVE AND TO HOLD the said pre:niS<.-s nbo"e bargained and doscribed, with lhc appurtenances, unto the grantee, its successors nr.d nssigns forever. And the Granlor, for itsel~ and its successors. docs covcnent, gront. b:trgoin. and agree to and with the Grnntee. its succ1..'Ssors and assigns, that at Che time of the enscnling nnd delivery of these presents, it is well sc,izcd of th e premises nbovc convt:y\."CI, has good, sure. perfect, nbsolulc nnd indefeasible ~slnle of inheritance, in law. in foe 'implc, and has good rig.ht, full power and lawful auU1orily 10 granL bargain. sell and convey lhc same in manner and fonn as aforesaid, and that the: same arc free and clear from :'tit ronner and other g.rnnts, bargains. sales. liens. taxes. o~cssments. cncumbrnncc.~ and rcslrictions or whntever kind or n:1lurc soever, c.xccpl general truces and asscs.\1ncnts for the year 2014 and subsequent years and all thoso specific exceptions described by reference 10 recorded documents ns renectcd i11 Commonwealth Title Company's Commitment No. 1401047-3 "Ilic granlor shall and will WARRANT AND rOREVER DEf'END Oie nbovc oorg•incd premises in 1hc quiet and peuecablc posscss1011 ot the grantee., its successors nnd assigns. againsi all and every person or persons lawfully claiming the whole or any pttrt thereof. The singul<1r number shall include the plural, the plural the singular, a11d the use of gender shall be ;ippllcablc lo all genders. JN WITNESS WHEREOf' the grn11lor ha.> ~xcculed Otis deed on the date sci forth above. STATE OF COLO RA DO COUNTY Of GARFIELD ) SS. ) 'Ilic foregoing ins1rumcn1 wns ocknowlcdgcd before me on June 27, 2014, t>y Dudley W. L. Hawkins, Jr., President of Divide Creek Lnod nnd Cut:lc Co .. My commission expires: llifl,'l l l~!.\l.l.f P.0. llo;c S061 t'\)11<1~ co Sl61l LIND A GABOSSI NOT.O.RY PUBLIC STATE OF COLORADO NOTA RY ID #19894007523 My Conm11sslo11 Expires Ma~· 23 2017 WITNj;SS my hand and official seal +~J\clCJ. &we )1,- Notary Public File No. 1401047~4 EXHIBIT "A" Lot A Amended Final Plat of Lot A of the Dixon Subdivision According to the platthereofrecorded January 12, 2004 as Reception no. 644474 and Parcel C Dixon Subdivision Amended Plat According to the plat thereof recorded May 17, 1996 as Reception No. 493122 LESS that portion described in Order and Decree Quieting Title recorded August 4, 2003 in Book I 501 at Page 322 and Parcel D Dixon Subdivision Amended Plat According to the plat thereof recorded May 17, 1996 as Reception No. 493122 Commonwealth Title Company of Garfield County, Inc. Listing Agent Plan B Real Estate 401 27th Street, Suite 170 Glenwood Springs, CO 81601 Attn: Mogli Cooper 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 I Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 I Fax (970) 945-4449 Date: June 18, 2014 File No. 1401047-1 Property Address. 12744 Highway 82, CarbondaJe Email: mogli@ planbrealestate.com Le,n!fer Alpine Bank 2200 Grand A venue Glenwood Springs , CO 8160 l Attn: Doug Peate Email: Divide Creek Land and Cattle Co. Email: dwlhpe@ gmail.com Buyer Glellil Loper PO Box 5061 ASPEN, CO 81612 Email: groundskeepers@ earthlink.net File No. 1401047-1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A l. Effective Date: June 12~ 2014 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Glenn Loper (b) ALTA LOAN POLICY (ALTA 6 -17-06) Proposed Insured: Alpine_B~!!~ Its SJJccessors and/or Assigns $1,500,000.00 $750,000.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Divide Creek Land and Cattle Co. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Owner's Policy Standard Coverage Owner's Extended Coverage Mortgagee's Policy Tax Certificate Delete Standard Exceptions (Lender's) $1,518.00 60.00 125.00 15.00 N/C PatricR. 13urwe[{ ~~~~~~~~~~~~~~~~~~ Authorized Officer or Agent sb Valid Only if Schedule Band Cover Are Attached American Land Title Association Schedule A Issuing Agent: Commonwealth Title Company of Garfield Cmmty, Inc. 127 East 5th Street Rifle, CO 81650 (Rev'd 6-06) File No. 1401047-1 EXHIBIT "A" Lot A Amended Final Plat of Lot A of the Dixon Subdivision According to the plat thereof recorded January 12, 2004 as Reception no. 644474 TOGETHER WITH a tract of land situated in Lot 9 of Section 27, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence the East corner of said Section 27 bears North 84°43'35" East 1960.00 feet; thence South 90.00 feet; thence West 200.00 feet; thence South 65.42 feet; thence South 81°25'00" West 202.26 feet; thence North 145.61 feet; thence East 369.99 feet; thence North 40.00 feet; thence East 30.00 feet to the Point of Beginning. and Parcel C Dixon Subdivision Amended Plat According to the plat thereof recorded May 17, 1996 as Reception No. 493122 LESS that portion described in Order and Decree Quieting Title recorded August 4, 2003 in Book 1501 at Page 322 and ParcelD Dixon Subdivision Amended Plat According to the plat thereof recorded May 17, 1996 as Reception No. 493122 File No. 1401047-1 SCHEDULE B -SECTION l The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Divide Creek Land and Cattle Co. vesting fee simple title in Glenn Loper. 2. ~~d of Trust from Ql.l<_nn Loper to the Public T@s1~e of Garfield ~ounty for the use of Alpine Bank. 3. Release of record by the Public Trustee of the Deed of Trust from Divide Creek Land & Cattle Co., a Colorado corporation for the use of Alpine Bank showing an original amount of$200,000.00, dated May 8, 2013 and recorded June 4, 2013 as Reception No.836277 (yi_efil 4. Release ofrecord by the Public Trustee of the Deed of Trust from Divide Creek Land and Cattle Co. for the use of Dudley W. L. Hawkins, Jr. showing an original amountof$68,236.12, dated April 8, 2004 and recorded April 13, 2004 in Book 1577 at Page 56. (view) 5. Note: Per Statement of Authority recorded Apri l 13, 2004 in Book J 577 at Page 44 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Dudley W .L. Hawkins, Jr., President and D. Frick Burden, Vice President on behalf of Divide Creek Land and Cattle Co. 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B -Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51 -102(9), as amended, for an Improvement Survey Plat. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. 8. Receipt of satisfactory approval from Commonwealth Land Title for the issuance of the policy described herein. NM6 American Land Title Association Commitment Schedule B -Section I -Form I 004-5 DISCLOSURES Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the tenns and conditions of the title insurance corrunitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B -Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conclitions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in ScheduJe A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured bas contracted for or agreed to pay. Pursuant to C.R.S. § 10-11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The infonnation regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. D) The company will not issue its policy of policies of title insurance contemplated by the commitment untiJ it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Pursuant to C.R.S. § 10-11-123, notice is hereby given: This notice applies to owner's policy conunitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party bolds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. lf the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions ofC.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless tbe above conditions are fully satisfied. File No. 1401047-1 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by Jaw and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires ofrecord for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception S will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2014 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and aJI water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 27, 1895 in Book 12 at Page 366. (vie"{} I 0. Easement contained in instrument recorded September 18, 1956 in Book 295 at Page 178. (view) 11. Right of way for ditches and canals in place and in use. 12. Conditions and easements contained in instrument recorded May 17, 1961 in Book 334 at Page 169. (view) 13. Conditions and easements contained in instrument recorded April 9, J 962 in Book 340 at Page 349. ~~ 14. Conditions and easements contained in instrument recorded January 27, 1965 in Book 363 at Page 331. (view) 15. Easement for private roadway described in instrument recorded August 16, 1965 in Book 369 at Page 13 . .{yiew) 16. Garfield County Resolution No. 79-60 recorded June 12, 1979 in Book 529 at Page 704. (view) (continued) File No. 1401047-1 SCHEDULE B -SECTION 2 17. Garfield County Resolution No. 81-158 recorded May 20, 2981 in Book 572 at Page 359. (vi~F) 18. Restrictions contained in instrument recorded July 1, 1980 in Book 551 at Page 64. (view) 19. Utility and Drainage Easements contained in instrument recorded September 10, 1985 in Book 675 at Page 324. (view) 20. Tenns of Cooperative Agreement for Permanent Damage Prevention Fencing recorded November 14, 1988 in Book 744 at Page 172. (view) 2 L Easement granted to U.S. West Communications, Inc. in instrument recorded April 17, 2000 in Book 1182 at Page 58 L (_vie\\') 22. Right of way easement granted to Hol y Cross Energy in instrument recorded March 26, 2001 in Book 1239 at Page 647. (view) 23. Right of way easement granted to Holy Cross Energy in instrument recorded April 16, 2008 as Reception No. 746592. (_vi~w) 24. Terms and conditions of Agreement recorded November 27, 200 l in Book 1306 at Page 364. (view) 25. Tenns and conditions of Agreement recorded November 27, 200 I in Book 1306 at Page 373. (view_} 26. Terms and conditions of Agreement recorded November 27, 2001inBook1306 at Page 382. (view) 27. Easements, rights of way and all other matters shown on the Dixon Subdivision Amended Plat recorded May 17, 1996 as Reception No. 493122. (view) 28. Easements, rights of way and all other matters shown on the Coley/Planted Earth Lot Line Adjustment Plat recorded January 7, 2004 as Reception No. 644310. {_vie}Y) 29. Easements, rights of way and all other matters shown on the Amended Final Plat of Lot A of the Dixon Subdivision recorded January 12, 2004 as Reception No. 644474. (view) 30. Any loss, claim or damage due to the location of fen ces. (NOTE: This exception will appear on the Owner's Policy only) NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (!) The Deed of Trust, if any, required under Schedule B -Section I. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B -Section 2 Form 1004-12 COMMONWEAL TH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better sexve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know bow we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Poli cy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types oflnformation Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in perso n, by telephone or any other means . Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of o w-affiliated companies. Such affiliated companies include financial sexvice providers, such as title insw-ers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, borne warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing sexvices on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements . Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to eusw-e that no unauthori zed parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services lo you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedmal safeguards that comply with federal regulations to guard your nonpublic personal infonnation. I ce Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Spri ngs, CO 81601 (970) 945-8212 www.garfie ld-county.com DIVISIONS OF LAND APPLICATION FORM l TYPE OF SUBDIVISION/EXEMPTION ·- 0 Minor Subdivision D Preliminary Plan Amendment ----ll Final Plat Amendment Major Subdivision l 'o -·-- D Sketch 0 Pr eliminary 0 Final Common Int erest Community Subdivision Conservation Subdivision D Pub lic/County Road Split Exemption 0 Yield 0 Sketch D Preliminary D Final D Rural Land Development Exemption 0 Time Extension J l~l_N_VO_l_V_E_D _PA_R_T_IE_S_~~~---~----------~=:==i Owner/A.ppli~ant l./ . I Name: t/uYL o.!p{< Ll.{!. Phone: ('/:lo l 9'-/ 8-11 ZZ 1 MaitingAddr:ss:'-:PO ']ax So<af -A~1\LJ..\ , ~ olocv...d o 6) lo l Z.. 1 1 City: &~ St a t e : {]_£) Zi p Code: -u.2-'-'l<....:P-.....1-=Z:;;:..__-__ _ E-mail: ____________________________ _ i Represen~ (Authorization Requir edt I Nam e: _j b'\ Y\7i-e£ =sun._ fL ; Mailing Address: 4 0 I ? J~ S +n g1 + City: C-u le....tALo oocl 3o'f' n9J..:... State: (l9 Zip Code: _,8"'-'-l _lD_D_I __ _ E-mail: ~ Vu:>der @ ]? f Q.v\. b recJ es·fq,k . fliD "1.-'\ PROJECT NAME AND LOCATION Project Name: ni'xOYl Suhd,·vil>Wn +~uJ rite+-A~M4JtWU"1. Assesso r's Parce l Number: 2-3_j_'3 -Z 71-:L -O _l _-_Q_Q3._ Physical/Street Address: I 2.7 '-14 8Z -Hwy ilitz.hvrdaie, CP %1023 Legal Description: -Su. a:H"Ct.lJied Lequ c4:/Uz_y:>·it01 I Zo ne District: LL:bv.A Ii.£ S lfiu... "h .. _q .. c(J Property Size (acres): _/"'"'_'-'3£..,..,. ___ _ I Project Description Existing Use: --------{ I I I Proposed Use (from Use Table 3-403): _____________________ _ ! Description of Project: ·J?i ''-"-'-c?.s...trl..:.......u.~"'--'---'---'-c-", O'--n"'"--"";:;;t...c::arz_,""""'""' ..... 1u"-ir"'-' ·"""'· P"--'-Y\~_.Q._,,4:::..;:~=n;;;:;..--=-==-,,_,f_<-t'-'-t 'a.--f..._ I . -~ h as b (r i. r.d -f-o ba 11:.f A.a dtoli{!C< lrtm t/r'L- , / __________________________________ _ f Proposed Developm_e_n_t _A_re_a ____ _ ' Land Use Type_ i #of Lots # OfUn;ts · -,-· AC, • .;..-·-r-· -~;;.§g ... ··--. i ~:::::•mHy j --~ ___________ / _______ ~_·:j .__' -..::..~-=-=~-'-'--,t_~_:a_r;'-ia_nt ____ -+l---·------+-1------1------------~~ ~s_t_ria_I . ___ , ---------------;'~---------_______ ____j ~-~:;!P~-~~--------1----·----f----I Total -----r --,--~--------------·---~-------_______j_------~-------~------------' r-------------------------------· I :!::~~n~~~~~~!~! ----------------------------------· ~ l Bl"' The Applicant requestin~ a Waiver of Submission Requirements per Section 4 -202 . list: II ~ / Section; ,5}.. /03 B Section; ____________ _ \V 1 ~/'/n... Section: Sect ion: _____________ _ /jW : ,---------·--·-------------------------------·---------------------·-·----------------------------·--·----·--·-·---i ! Waiver of Standards ! Ll The Applicant is requesting a Waiver of Sta ndards per Section 4-118. List : / Section: Section: I Section: Sectio n: l I I have r ead the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Slgnatu<e of P<0~ Date ,----------- i OFFICIAL USE ON LY f I I File Number: ____ -___ _ i I ------------------1 Fee Paid:$ __________ , ___ ._J Garfield County PA 'tM ENT AGFmv'I ENT FCRv1 G\RiB.D CXJJNlY (" OOUNTY') and A'operty ONner (" AFfUCANT') {-/ c.pq. /Jtp4. L ~ _________________________ agreeasfollows: 1. The Applicant has submitted to the Cbunty an application for the following A-oject: __ _ Di~lM SLLbd1 v i\)!..0:1 q1'wJ Pia.+ l/tru@f'N'_A'\:f-. 2. The Applicant understandsand agrees that Garfield Cbunty Fel:>lution No. 2014-60, as amended, establiS'les a fee &:hedule for ead'l type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the O:>unty agree that because of the siie, nature or soope of the propo~ project, it is not possible ct this time to asmrtain the full extent of the oosts involved in processing the application. The Applicant ag-ees to m~e payment of the Base Fee, established for the A'ojed, Md to thereafter permit additional roststo be billed to the Applicant. TheApplicait agreesto makeCKfditional payments upon notification by the O:>unty, when they Cl'e necessary, as rosts are incurred. 4. The l3a9a Fee shall be in CKfdition to and e.xdusive of any oost for publication or oost of ronsulting service determined~ by the Board of O:>unty Commissioners for the oonsideration of an application or additional O:>unty staff time or expense not oovered by the Base Fee. If actual reoorded costsexa3ed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the O:>unty for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final ronsideration by the <l:>unty of any Land Use Olange or Qvision of Land. I hereby agree to pay all fees related to this application: Blling O:>ntad Fers:>n: .Ji nn$-c=t2 Ll/L'L._ A'lone: d.1:Q) 3 ·1-7 · 3 OW I emng a:mtad Address: Yo ' ·z3 k St . Sk l =tO Oty:Q~~~ ~(~ 9:.te: Qgi 21p0xfe: 8/ fQOI Blling Cbnlad Bnail: JZ ,;@ P I <MA I;, ual e,5-hb;,_,. <'97'3 A'inted Nane of Fers:>n Authorized to Sgn: ~n ri~~\.LIL..L__ I '(Date) STATEMENT OF AUTHORITY i. This statement of Authority relates to an entity named: Hipa Hipa, LLC 2. The type of entity is a: \ [ ) corporation [ ) registered limited liability limited partnership [ ] nonprofit corporation [ ] limited partnership association [XJ limited liability company [ ) uninco1·porated nonprofit association [ ] general partnership [ J government or governmental subdivision of agency [ ] limited partnership [ ) business trust [ ] registered limited liability Partnership [ ] trust 3. The entity is formed under the laws of: The State of Colorado 4. The mailing address for the entity is: P.O. Box 5061, Aspen, CO 81612 S. The [X ] name(s), or [X ] position(s) of each person authorized to execute instruments conveying, encu111bering, or otherwise affecting title to real properly on behalf of the entity is (are): Glenn Loper, Member Laurie Rosedale Loper a/k/a Laurie Loper, Member 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ J not limited [ X ] limited as follows : Both Members are required to sign. 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the pl'ovisions of Section 38-30-172, C.R.S. State of Colorado County of Garfield ) SS. ) Executed this 27th day of June, 2014 ~----- The foregoing instrument was acknowledged before me this 27th day of June, 2014 by: Glenn Loper and Laurie Rosedale Loper as Member.; of Hipa Hipa, LLC. Witness my hand and official seal. My Commission Expires: CWT1401047 Return to: Glenn Loper P.O. Box 5061 Aspen, CO 81612 LINDA GABOSSI NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID #19894007523 My Commisi;iot: _Expires May 23, 2017 Amended Final Plat Submittal Package: Tax Parcel Numb e r: 2393-274-01 -0 03 Project: Remove erroneous conservation easement Owner: Ripa, Ripa LLC. May 12, 2015 Garfield County Community Development De partment 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Final Plat Amendment Parcel# 2392-274-01-003 Lot A of the Dixon Subdivision recorded at Reception# 644474 with the Clerk and Recorder's Office To whom it may concern: Please accept this letter as our authorization for: Plan B Real Estate Jenn ifer Burr 401 27 th Street Suite 170 Glenwood Springs, Co 81601 To act on our behalf with the County of Garfield regarding the Final Plat Am endment process to correct a t echnical error resu lting in a conservation easement that bears no dedication or ownership on Parcel# 2393-274-01-003, Reception No. 64474 only. Glenn Loper, Member Hipa, Hipa LLC Lau r ie Loper, Member Amended Final Plat Submittal Package: Tax Parcel Number: 2393 -274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. Property owners within 200 ft of subject property: LOT SUBIZO~ACCOUNTNAME CAREOF ADDRESS2 CITY 27 OR Rlll491 SOPRIS PROPERTIES LLC 4450VTHBRIDGECOURT CARBONDALE STATE co 11 OR R011403 DELLIQLIADRI, ESTHER F PO BOX n1736 STEAMBOATSPRINGS CO 6 OR R0113Sl TRIBBLE, YASUKUNI C&SUSAN J 12644 HIGHWAY 82 CARBONDALE co OR R011544 KARUMIDZE, NANA 5500 OTC PARKWAY APT615 ENGLEWOOD co 4 OR Rl12091 HIPA HIPA LLC POBOXS061 ASPEN co 2 OR R112092 HIPA HIPA LLC POBOXS061 ASPEN co l 20 R Rll1877 MURPHY, SUSAN M & FLETCHER, PAMELA L POBOX1872 CARBONDALE co l OR R112090 SOLLOCK, KATHRYN ANN & WIWAM J 12752 HIGHWAY 82 CARBONDALE co 22 OR R011613 EFFRESS, DAVIDS 1sm HORSE CREEK STREET PARKER co OR R112089 HIPA HIPA LLC POBOXS061 ASPEN co 17 OR R011137 MARSHALL, GARY CLYDE & CATHERINE L. 12748 HIGHWAY 82 CARBONDALE co 21 OR R0116U EVANS, ARTHUR F & MARY ELLA BEE 116SAINT ANDREWS CIRCLE LINDALE TX 8 20 R Rlll884 LOS ADOBES HOMOWNERS ASSOCIATION, INC C/O JOHN PETER GREENE 12805 HIGHWAY 82 CARBONDALE co .. _ ... __ ,...,...._..,._ ... _._t"'"_ .... .a_..... .... _,, ... ----...--1,.. _________ _ -"~----... --... ------.. ·--"' ... ~,.,...It'(&'~~ tbliliWf•~.,~-·,,,.~..= ZIPCODE 81623 804n 81623 80111 81612 81612 81623 81623 80134 81612 81623-9506 75771-5056 81623-9505 QUITCLAIM DEED Water Rights· Transfer THIS DEED, made on June 27, 2014, between Divide Creek Land & Cattle Co., a Colorado Corporation, of the County of Garfield and State of Colorado, grantor, and Hipa Hipa, LLC, a Colorado Limited Liability Company, whose legal address is P.O. Box 5061 , Aspen, Co 81612 of the County of Pitkin and State of Colorado, grantee: WITNESS, lhat the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has rcmised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grontee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the following described water and water rights, ditches and ditch rights of way being in the County of Garfield and State of Colorado, described as follows: 5.9 Shares of Stock in the Lower Kelso Ditch Co.; all right associated with Well Permit No. 45419-F-R and Basalt Water Conservancy District Allotment Contract No. J35b; Well Permit No . 29088-MH ; conditional water right for Planted Earth Well A in the amount of SO g.p.m. (0.11 c.f.s.) for irrigation, domestic and commercial uses pursuant to Garfield Courity District Court Case No. I OCW 186, all as used in connection with the real property described in Exhibit "A" anached hereto. TO HA VE AND TO ·Ho LD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever or the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its heirs and assigns forever. JN WlTNESS WHEREOF, the grantor has executed this quitclaim deed on the date set forth above. Divide Creek Land & Cnttle Co. State of Colorado County of Garfield ) ) SS. ) The foregoing instrument was acknowledged before me onJune 27, 2014, by Dudley W. L. Hawkins, Jr., as President of Divide Creek Land & Cattle Co .. 1401047-4 Retum 10: LINDA GABOSSI NOTARY PUBLIC STATE OF COLORADO NOTARY 10#19894007523 My Commission Expires May23, 2017 Hip> Hipa, LLC P.O. !lox 5061 Aspta, CO &1612 No. 933. Rev. 4-94 QUITCLAIM DEED Witness my hand and official seal. My commission expires: Notary Public Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. Jennifer Burr Plan B Real Estate 970-379-3061 Mineral Rights Ownership at Subject Property No owners of mineral rights have been found to date. Search for ownership included a general search of the title work prepared for the sale of the property in 2014, an in depth search of digital and paper records at the Garfield County Clerk and Recorder’s Office, (going back on the chain of title nearly thirty years) and a phone call to the owner just prior to the current owner. None of the aforementioned research would yield any results. If within the time frame of this process a mineral owner comes to light, notification will be executed. Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. Plan B Real Estate May 12, 2015 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Final Plat Amendment Parcel # 2392-274-01-003 Lot A of the Dixon Subdivision recorded at Reception # 644474 with the Clerk and Recorder’s Office To whom it may concern: Please accept this letter as our authorization for: Plan B Real Estate Jennifer Burr 401 27th Street Suite 170 Glenwood Springs, Co 81601 To act on our behalf with the County of Garfield regarding the Final Plat Amendment process to correct a technical error resulting in a conservation easement that bears no dedication or ownership on Parcel # 2393-274-01-003, Reception No. 64474 only. Respectfully, . File No. 1401047-4 EXHIBIT "A" Lot A Amended Final Plat of lot A of the Dixon Subdivision According to the plat thereof recorded January 12, 2004 as Reception no. 644474 and Parcel C Dixon Subdivision Amended Plat According to the plat thereof recorded May 17, 1996 as Reception No. 493122 LESS that portion described in Order and Decree Quieting Title recorded August 4, 2003 in Book 1501 at Page 322 and Parcel D Dixon Subdivision Amended Plat Ac~rding to the plat thereofreco~ed May 17, 1996 as Reception '!'lo. 493122 0 } 13 0 MOFFAT RIO BLANCO Area Map 0 0akCreek R 0 U T T Routt National l Forest i i--~ I __________ J GARFIELD RSf- 82 ' I El Jebel Carbondale 0 I 0 Basalt 6 C 0 L 0 ---T ( ..,Snowmass ,..., .. '"\ .. 0 Toponas I ~ \ 49 GRAND -Kremmling ______ L-) ... ______ _ 0 Bond ; \ \SUMMIT Mount i\r.vet1 13.534 ft '-....... "\ ..... , 6 ·---, Mintum 0 White River National Forest Red Cliff0 \fount oj the Holy Cross 14.00511 ,_ _/-·, \ ( ..._?·-../· '\.--,.) / \. ' ; ~( 24 Leadville 0 :....._, ... rf P I T K I N ,,,.f 1. \ Snowmass Vtllage0 :Aspen Hunter Fryingpjm LAKE Collbran M E SA i / ' Wildem§.~ Mount : i ·-...., Aspen Mountain ',· -=--+ ~ ..I' i \ UlAQI Grand Mesa /"' ! Maroon Bells..S~wmass Wilderness 82 ~ i ,.14.43311 Mesa National Forest ' '-( rwi· Lakes .. ,.. ·I M rble '-Pyr idPeak14018fl n o ,,,-----_,,/-.··.._,,/,_.; Ii o a Maroon Peal<J ... am ~· "'--)----·------"" / 14156" Castle -, · ... ' .~.r l1· · ''1 .. ,_,_ ....,•4.265tt. LaPim~Pdak'.434511 / --...' '. I '-·C...-, ; · .• J Hutpn Peak Mount " , Raggeds ~.005 fl Harvard _/ I \,, ·"' 1442011 J Cedaredge 0 1' 0 Wilderness M t C t d B tt Ice Moiml~!!!..f'\.., \ .... ~ • .~ 1 Somerset 0 .~:ed~:e u e MountColumbia14,07~ft· DELTA 0 I / Paonia °Crested Butte r' ! Eckert0 0 "' Mount YalN.(194 ft Orchard City petta 0 Austin 0 Hotchkiss GUNNISON Gunnison National Forest West Elk Wiide mess \CHAFFEE (san Isabel ! National Q.;. Olathe 0 '::>~ ~ O;,. M 0 N T R 0 s E \ 50 . 0 Gunnison Tomichi Cree k .,Parlin Omi 10 20 ,.../ Forest \ \ ·--,_ , '·· 30 \ \ J \..so t<_: I Copyright@ 1988-2003 Microsoft Corp. and/or its suppl iers. All rights reserved . http://www.mlcrosoft.com/streets Ill> Copyright 2002 by Geographic Data Technology, Inc. All rights reserved. C 2002 Navigation Technologies. All rights reserved. This data inctooes information tal<en with permission from Canadian authorities C 1991 -2002 Government of Canada (Statistics Canada and/or Geomatics Canada), all rights reserved. 40 PS @ 2 .061 Ac. Planted Earth 12744 State Highway 82 Carbondale.. CO @ 2.197 Ac. ( .......... "-. .......... .......... @ (@> 2.333 Ac. 2.00 Ac. L.4 \DOBES SUBDNISION _) .§.. ©= --~ PARCEL MAP 'L.2 @ @ 2.193 Ao. @) @> 2.296 Ac. L.1 1~-;J I I @;! <§) I ; I I I S T A T E HIGHWAY NUMBER j I I · l I ~ ValueTrends Appraisals, Inc. l I @) I ' I I I I I J \ /) DIXON SUB. DIV. EXEMPTION @) I @ PAJaL B ~ ! PAllCll. A I @ I I PUCE!. D I @ r.u=c ( @ ----- 8 2 zo C:\General Cadd 3\Gxd\HAWKINS.gxd -- 05/10/2013 -- 09:59 AM -- Scale 1 : 600.000 + ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMl.ENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. LINES :r:l-f-"' "' . 0 "' z " IN SPACE s s1·2s·oo·'N 202.26· LAND SURVEYS N 90•00·00-E 369.99' -" w 81· . N 0 "' 0 . . "' 0 "' o-z 3.8' / / / / ------------------~· 0 .~-0 "' "' "' N 8 9 ° 1 6 ' 0 0 " E . 2 4 4 . 2 5 ' CONS E R V A T I O N E A S E M E N T ~-· - . l.a ~ 0 - - - - - . . . : _ _ . w D D D D • D D z u " ' u ! " 0 - I V 7 7 • - - - - - - - . : . _ _ 1 7 · , 0 ~ · · - - - - - - I J 5 ~ - - - - ~ . / 4 · w - - . . . _ · - - - - - - ·coNSE R V A T I O N . . E A S E M E N T . . . . . . . . . ' . . . . . . ' . . ' . . . . w " 1 · 0 O > . " ' 0 . O N O ; ; ; 0 " ' ~ I 9 , . . _ u L I O 3 0 " R I G H T - O F - W A Y F O R I N G R E S S A N D E G R E S S F R O M C O L O R A D O S T A T E H I G H W A Y N O . 8 2 B O O K 3 4 0 P A G E 3 4 9 T \ E o N 9 4 • 4 3 · 3 5 · E 1 9 6 0 . 0 0 · en -" LOT A L6 4. 62I AC +/-S 89'20'00"W 200. 0 I. 15.0 <T -" STATE " ' 8 1 · . " ' D < > D . . , . . _ D 0 0 o - " ' HI G H W A Y S 8 9 ' 1 4 · o o · E P A R C E L D 2 . 3 0 3 A C . + / - < > . . 1 1 4 . 0 0 ' P A R C E L C 2 . 9 2 3 A C . + / - s 8 9 ' 2 0 · o o · w 6 0 0 . 0 5 ' 8 2 C l I C I O L l 4 - " " ' " ' " ' I . . 0 e n N 0 . . , . . _ N " ' 0 z " ' L I D D , . . _ " ' N ~ \ ~ . . . . . o ~ ~ N O > . " i 5 - ~ z t i : ) ~ ~ L 2 F E N C E L I N E E N C R O A C H M E N T L I N E L I L 2 L 3 B E A R I N G N 9 0 · 0 0 · 0 0 - w S 8 9 ' 2 o · o o · w N O l ' O l ' 2 2 " W s D I S T A N C E 2 9 . 3 4 ' 1 7 ' 4 1 . I . 1 0 · E A S T 1 / 4 C O R N E R S E C T I O N 2 7 N w E s - - - - - - - - - 0 2 5 · S f f 7 5 · I O f f S C A L E : 1 " = 5 0 ' L E G A L D E S C R I P T I O N S L O T A . A M E N D E D F I N A L P L A T O F L O T A O F T H E D I X O N S U B D I V I S I O N A M E N D E D P L A T . A N D P A R C E L S B A N D C . D I X O N S U B D I V I S I O N A M E N D E D P L A T . G A R F I E L D C O U N T Y . C O L O R A D O . C U R V E D E L T A A N G L E C I 3 3 ° 5 1 ' 0 1 . R A D I U S 1 2 8 . 9 0 ' 1 0 3 . 5 1 . 1 3 9 . 1 2 . 9 5 . 6 5 ' 1 2 8 . 9 0 ' 4 1 . 4 3 . 3 4 . 0 4 ' 3 5 . 0 6 ' 3 5 . 0 6 ' 7 9 . 1 3 . 6 9 . 6 1 . 1 3 6 . 7 8 ' c 2 c 3 c 4 c 5 c 6 c 7 c 8 c 9 c 1 0 C 1 1 c 1 2 c 1 3 L I N E L L 2 L 3 L 4 L 5 L 6 L 7 L 8 L 9 L 1 0 L I I L 1 2 L 1 3 L 1 4 3 3 • 0 4 · 2 3 · 1 9 • 5 4 · 4 1 · 2 3 ' 2 8 . 1 5 " 2 3 ' 5 0 ' 3 6 " s o · 1 o · o o · 8 0 ' 4 1 . 5 4 - 9 I ' 4 I . 5 4 . 5 2 ' 3 8 . I 7 " 6 2 ' 5 9 ' 1 9 " 8 1 ° 3 1 . 2 2 " 4 3 ' 4 8 ' 3 8 " 1 8 ' 0 5 ' 4 1 " B E A R I N G N 9 o • o o · o o · E N o o • o o · o o · E N 9 o • o o · o o · w s o o • o o · o o · E N o o • o o · o o · E N 9 o • o o · o o · E N o o · o o · o o · E N 7 3 • 4 3 · 4 5 · w S 7 7 ' I 7 ' I 9 . E N 8 4 ' 3 7 " 0 0 " E S 2 9 ' 5 7 ' 0 0 " W S 3 3 • 0 2 · 1 9 · E S 6 8 ° 4 2 ' 0 6 ' E N 9 0 ' 0 0 ' 0 0 " E 1 9 4 . 5 0 ' ' - - . _ E A S T 1 / 4 C O R N E R S E C T I O N 2 7 A R C 7 6 . 1 5 . 5 9 . 7 5 ' 4 8 . 3 5 ' 3 9 . 1 8 . 5 3 . 6 4 ' 4 3 . 5 1 . 4 7 . 9 4 ' 5 6 . I I . 3 2 . 2 I . 8 6 . 9 9 . 9 9 . 0 4 ' 1 0 4 . 5 9 ' 6 1 . 4 3 . D I S T A N C E 1 1 . o o · 1 5 o o · 1 1 . o o · 3 1 . 5 1 . 4 0 o o · 3 0 o o · 1 0 . s 8 · 2 6 . 7 4 ' 4 . 5 8 " 2 4 . 3 8 " 1 7 . 0 4 ' 2 5 . 0 4 ' 8 9 . 4 7 ' I 0 3 . 1 3 . T A N G E N T 3 9 . 2 2 . 3 0 . 7 3 ' 2 4 . 4 2 ' 1 9 . 8 7 ' 2 7 . 2 1 . 2 4 . o o · 2 8 . 9 2 ' 3 6 . 1 1 . 1 7 . 3 4 ' 4 8 . 4 8 ' 6 0 . 0 I . s s . o o · 3 0 . 9 7 ' C H O R D C H O R D B E A R I N G 7 s . o s · s 4 9 • 5 9 · 5 3 · w 5 8 . 9 2 . 4 8 . 1 0 · 3 8 . 9 I . 5 3 . 2 6 ' 4 1 . 5 3 . 4 4 . 0 8 ' 5 0 . 3 1 . 3 1 . 0 9 . 8 2 . 6 8 ' 9 0 . 9 0 ' 1 0 2 . 0 5 · 6 1 . 1 7 . S 1 6 ' 3 2 . I I • W N 8 7 ' 1 4 ' 4 0 " W N 8 5 ' 2 7 ' 5 3 " W S 7 8 ' 5 0 ' 4 2 " W N 6 0 ' 4 I . 0 0 . E N 7 0 ' 5 6 . S ? " E N 6 5 ' 2 6 . 5 7 " E S 0 6 ' 4 3 . I 7 " E S 0 I ' 3 2 . 3 9 . E S I 0 ° 4 8 . 4 I . E S 7 3 ' 2 8 . 4 1 . E S 8 6 ' 2 0 . 0 9 " E ~ • g 6 1 • ~ " . 1 . o o " 5 e ' I L E G E N D & N O T E S B A S I S O F B E A R I N G " N O R T H " I S B E T W E E N F O U N D R E B A R S & C A P S L . S . 1 4 1 1 1 O N T H E E A S T P R O P E R T Y L I N E O F D I X O N S U B D I V I S I O N A M E N D E D P L A T 0 S E T R E B A R & C A P L . S . 1 4 1 I I < i l F O U N D R E B A R & C A P L . S . 1 4 1 I I e F O U N D R E B A R & C A P L . S . 3 3 1 7 C J F O U N D * 4 R E B A R l l F O U N D R E B A R & C A P L . S . 2 7 6 1 3 A M E N D E D L O T A A N D P A R C E L S B & C D I X O N S U B D I V I S I O N A M E N D E D P L A T G A R F I E L D C O U N T Y . C O L O R A D O . B Y L I N E S I N S P A C E S Y D N E Y L I N C I C O M E ( L S 1 4 I I I ) 6 7 G L E N W O O D A V E C A R B O N D A L E C O . 9 7 0 - 9 6 3 - 3 8 5 2 D A T E 0 2 / 0 2 / 0 6 S C A L E r - s o · J O B N O . : 9 6 0 I I H A W K I N S ' Notice: ' ·. /~" " : • -=J~ rr===== -LEGEND -~~ !!I -Found Monument as Oescn"bed <il -Found Rebar &: Cop. LS I 14111 o -Set Rebar ct Cop. or No11 and Shiner. LS I 290JO Surtemr's Certificate: I, Da~d A. Cooper, do hereby certify that I am a Professional Land Surveyor, licensed under the lows of the State of Colorado, that this Plot is a true, correct and complete plot of Dixon Subdivision Third Amended Plat of Lot A, as laid out, platted, dedicated and shown hereon, that such Plot was mode from on accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets as the some ore stoked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I hove set my hand and seal this __ day of ---.....-------~ A.O., 2014. David A. Cooper Colo. Reg. P.LS. # 29030 For, and on behalofSGM ·--·--·--·--· According to Colorado Low, you must commence any legal action based upon ony defect in thi's survey within three years ofter you first di'scover such defect. In no event may any legal action based upon any defect in thi's survey be commenced more than ten years from the dote of the certification shown hereon. Dixon Subdivision Third Amended Plat of Lot A 0 so· 100' ---- Situated in Section 27, T.7 S., R.88 W. of the 6th P.M. Garfield County, Colorado PURPOSE STATEMENT: vacate the Conservation The sole purpose of this plat is to Easements on Lot A of Dixon Subdivision 1. 2. 3. 4. 5. Basis of Bearings: Bearings shown hereon ore based upan an assumed bearing of S 24·42'42• W between two rebor and cop monuments, LS # 14111 as more fully depicted hereon. Units of linear measurements ore displayed In US Survey Feet. SGM wm not be responsible for any changes made to this document ofter it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to Insure the accuracy of the lnformotlan shown on any such copy, and to insure that no such changes hove been mode. Fences shown hereon, if any, have been shown for general reference and do not necessorDy depict limits of ownership. The property shown hereon is subject to all easements, ri~hts-of-ways. building setbacks or other restrictions of record, as such items may affect this property. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All Information pertaining to ownership, easement and other encumbrances of record has been token from the title insurance commitment issued by Commonwealth Title Company of Garfield County, Inc., File No. 1401047-4, having on effective dote of June 12, 2014. Every attempt has been mode to show all easements and rights-of-way referred to in the title insurance policy referenced above. Some such items may not be shown if they ore standard title commitment exceptions, or If not sufficiently described In recorded documents, or If they ore situated an adjacent properties, etc. -------------------------------------------------------------------------- Colorado State Hz'ghway MJ. 82 --------------------- S SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com ------------------------ Dixon Subdivision, Lot A Garfield County, CO ---------------------------- # Revision Dote By 2 3 4 5 Certificate of Dedication and Ownership: The undersigned Hipa Hipa, LiC, being sole Owner{s} in fee simple of all that real property situated in Garfield County, described as follows: Lot A, Amended Final Plot of lot A of the Dixon Subdivision, according to the riot thereof recorded January 12, 2004 as Reception No. 644474, County of Garfield, State of Colorado. said rec property containing 4.62 acres. more or less, hos caused the described real property to be surveyect, laid out, platted and subdivided into lots and blocks as shown on this plot under the name and st\'te of Dixon Subdivision Third Amended Plat of Lot A, a subdMsion in the County of Garfield, State of Colorado. The Owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the owners of the lots, those portions of said real proeerty which are labeled as utility easements on the occomponyin_g elot as perpetual easements for the 1nstollotion and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gos lines and telephone lines, tollether with the right to trim interfering trees and brush, with perpetual right of ingress and egress for 1nstollotion and maintenance of such hnes. Such easement and rights shall be ulilized in a reasonable and prudent manner. All expense for street pa~ng or improvements shall be furnished by the seller ar purchaser, not by the County of Garfield. EXECUTED this __ day of ------~ A.O., 2014. For Hipo Hipo, LiC Address: STATE OF COLORAOO ) : SS COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this __ day of ------~ A.O., 2014, by for Hipa Hipa, LLC. My commission expires: ----------- Witness my hand and official seal. Notary Public Certificate of T oxes Paid: I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this Plot ore paid in full. DATED this __ day of--------~ A.O., 2014. Garfield County Treasurer County Commjssjoners' Certjficgte: Based upon the review and recommendation of the Garfield County Director of Communit' DeveloJ?ment, the Boord of County Commissioners of Garfield County, Colorado, hereby approves this Dixon Subdivision Third Amended Plat of Lot A this __ day of A.O., 2014, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provision tflot approval in no way obli9otes Garfield County for the financing or construction of improvements on lands, public roods, highways or easements dedicated to the public, except as specifically agreed to by the Boord of County Commissioners by separate resolution. Chairman, Boord of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. AffiST: Cou-n~ty~Cl~erk~------------- Title Certificate: I, on attorney licensed to practice low in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I hove examined the Title to all lands shown upon this plot and that title to such lands 1s vested in --~--~~~-~--~~~~-~~-~~ free and clear of all liens and encumbrances including mortgages, deeds of trust, j.Jdgments, easements, contracts and agreements of record affec ing the real property in this Plat), except as fallows: DATED this __ day of ____________ A.O., 2014. Title Company. Agent: ___________________ _ OR Attorney Colorado Attorney Registration No. _____ _ County Surtemr's Certificate: Approved for content and form only and not the accuracy of surteys. calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this __ day of ------------~ A.O., 2014. Garfield County Surveyor Clerk and Recorder's Certificate: This Plot was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at __ o'clock on this __ day af 2014, and is duly recorded as Reception No. ------------------- Clerk and Recorder By: Oeputy Job No. 2014400.001 1 Drawn by: doc 3rd Amended Plat Date: 11/5/14 Approved: Of l File: Pbntad_Earth_IS_AmPbl =6 Gar.field County Community Development Department 108 81b Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-county.com TAX PARCEL NUMBER: 2393-274-01-003 OWNER: Hipa Hipa LLC REPRESENTATIVE: Mogli Cooper, Plan B Real Estate DA TE: 8/28114 PRACTICAL LOCATION: 12744 Hwy. 82, Carbondale, CO 81623. The property is located In Section 27, T7S, R88W and is just northeast of the Town of Carbondale on the north side of Highway 82. TYPE OF APPLICATION: Amended Plat ZONING: Rural I. GENERAL PROJECT DESCRIPTION The Property Owner is interested in amending the existing plat for their property to remove a Conservation Easement which is currently designated on a portion of their property. The Amended Plat would be requested for Lot A of the Dixon Subdivision according to the Amended Final Plat of Lot A of the Dixon Subdivision recorded at Reception No. 644474 with the Clerk and Recorders Office. While previous plat amendments have included the Conservation Easement on Lot A, no documentation of any conveyance or ownership of the easement has been found. Title work completed by the property owner did not find record of the easement being dedicated or conveyed. The subdivision has had two previous amendments and the current request would be the Third Amendment. The subdivision was originally approved as a subdivision exemption in 1979. No record of a plat being filed at that time has been found. No other changes to the Final Plat are anticipated. II. REGULA TORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 ~ The Application may include requests for waivers from certain submittal requirements including provision of an Improvements Agreement » Information on any covenants applicable to the property should be provided or a statement if there are none. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review l Director's Decision (with notice -not a public hearing) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor and Garfield County Attorney VI. APPLICATION REVIEW FEES a. Planning Review Fees: $100 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit $ 100 (additional hours are billed at $40.50 /hour} General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested rtght. Pre-application Summary Prepared by: /7L-d/- Glenn Hartmann Senior Planner Date Garfield County May 29, 2015 Jennifer Burr Plan B Real Estate 401 27'h St. Suite 170 Glenwood Springs, CO 81601 RE: Amended Plat Lot A Dixon Subdivision File No. FPAA-8313 Dear Jennifer: Community Development Department This letter is in regard to our completeness review of the Application you have submitted on behalf of Hipa Hipa LLC for an Amended Plat of Lot A of the Dixon Subdivision for the purpose of removing a conservation easement shown on said lot. The property is located at 127 44 Highway 82 and also known by Assessor's Parcel No. 2393-27 4-01- 003. Our completeness review included input from the County Attorney's Office and has noted the following items that need to be addressed prior to a determination of technical completeness. 1 . The Application needs to include information on the mineral rights ownership on the subject parcel including the name and address for noticing purposes. If research on mineral rights was completed and did not identify any owners then a statement indicating how the research was conducted and the lack of any findings needs to be provided. 2 . The Application includes an "Improvement Survey Plat". While this information clearly documents information on the lot in question it needs to be reformatted into a draft of the proposed plat amendment. The plat should be modified to only show Lot A that is the subject of the application. It should also include a draft of all certificates and signature blocks, amend the title referencing the Amended Plat of Lot A, and identify the I 08 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 proposed changes (i.e . the removal of the conservation easement) on the plat and by statement in a plat note. 3. The vicinity map will be utilized as an attachment to the public notice mailing and should have the scale adjusted to show primarily that area within approximately 3 miles of the site. 4. The Application needs to include a copy of any covenants on the site or a statement indicating that there are none. Once the above information is provided we can finalize our completeness review, schedule a date for your Director's Decision and proceed with the public notice requirements . Also, once determined to be complete, you will also need to provide an update to your electronic copy to be used for referrals. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me with any questions on the completeness topics noted above. We look forward to scheduling your Director's Decision date as soon as possible. Sincerely, Glenn Hartmann Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 Amended Final Plat Submittal Package: Tax Parcel Number: 2393-274-01-003 Project: Remove erroneous conservation easement Owner: Hipa, Hipa LLC. June 25, 2015 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Final Plat Amendment Parcel # 2392-274-01-003 Lot A of the Dixon Subdivision recorded at Reception # 644474 with the Clerk and Recorder’s Office To whom it may concern: Documents following this letter are intended to supplement the original submittal materials for the removal of the conservation easement on Lot A of the Dixon Subdivision. They appear as follows: A copy of the Completeness Review letter outlining the outstanding items needed to meet all submission requirements. A letter addressing the notification of the mineral rights owners, related to subject property, if any. A draft of the proposed plat amendment with all required elements included or addressed. A new electronic file is also included with this package. It is updated and complete and the improper Improvement Survey has been removed. Please contact me if there is anything further needed from me to complete the submission process. Respectfully, Jennifer Burr Plan B Real Estate 970-379-3061