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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.corn AMENDED AND CORRECTED PLATS APPLICATION GENERAL (To A Street Address / General Location C m Le _ INFORMATION be completed by the applicant.) of Property: 0 __a 1/, ,/ ' CD 9t 6 23 (`Sai- ' (0, I{ ol i i;10 9 A Legal Description: �1S 181-6 M 1 1--- Cp-Ae A Subdivision Name: C -eA- �//i A Description of Proposal: P.(OC., f ft l0 Lciuu C/` Q- (SIL ((04- I > Name of Property Owner: / 1- A 0 S"{- Te hone: ;46.0d --P. .163 • asS7 A Address: gR e A City: C>4 6C>Y_s_sar,_, State: Zip Code: X(923 FAX: A Name of Owner's Representative, if any (Planner, Attorney, etc): A Address: Telephone: > City: State: Zip Code: FAX: STAFF USE ONLY A Doc. No.: R( 5)\O(3, Date Submitted:L(-M OE, TC Date: A Planner: Hearing Date: > Zone District: Last Revised: 2/2006 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 plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat, or that results in the relocation of property lines between more than two (2) adjacent properties, shall be subject to the criteria and public meeting requirements as follows: A. The Board shall not approve an application 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 legal access to a public right-of-way and any necessary access easements have been 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 in the paragraph 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: 1. A narrative explanation of the reason for the application. 2. The consent of all land owners involved. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. 4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. 5. 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 information 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 of $100.00 with the application. 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 of my knowledge. (Sign re of Property Owler) late 5 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be ch. rged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Comprehensive Plan Amendment $450 Board of Adjustment • Variance $250 • Interpretation $250 Administrative Permits • Floodplain Development $400 • Pipeline Development $400 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and de-6LA ' f C/ (hereinafter APPLICANT) agree as follows: 1. A ELIANT as s bmitted to COUNTY an application for n ��rr (hereinafter, THE PROJECT). 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 Sign Date: Print Name Mailing ddress: 10/2004 Page 4 February 28, 2008 To Whom It May Concern: As partial owner of Lots 6, 7, 8 & 9 of Block 9, Townsite of Cooperton, I agree with the application to erase the existing lot lines, creating one lot for the purpose of building a single-family residence in the future. Sincerely, Robert M. Perry III PRA -14 -1 -AI February 27, 2008 Proposal to Garfield County to erase lot lines 6, 7, 8 & 9 of Block 9, Townsite of Cooperton, creating one lot with the intention of building a single-family residence on the property in the future. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: J -A &1- 1. NT ass bmitted to COUNTY an application for e/ J •0 (2,444)/(2,444)/4(2,444)/(2,444)/i��rr� CA PLI.A(hereinafter, THE PROJECT). 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 COM Print Name Mailing Address: 10/2004 Page 4 STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 7th day of July A.D. 2008, there were present: John Martin Larry McCown (absent) Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008- A RESOLUTION CONCERNED WITH THE APPROVAL OF AN AMENDED PLAT TO CONSOLIDATE 4 ORIGINAL TOWNSITE LOTS KNOWN AS BLOCK 9, LOTS 6,7,8, AND 9 IN THE TOWNSITE OF COOPERTON FOR PROPERTY OWNED BY JEAN AND ROBERT PERRY, III , GARFIELD COUNTY PARCEL NO # TDB WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Jean and Robert Perry, III to amend a plat to consolidate 4 original townsite lots in the townsite of Cooperton, the property being owned by Jean and Robert Perry, III and, WHEREAS, the Board held a public hearing on the 7th day of July, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and, WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 1 of R Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , (Ansent) , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 Duane stated in support of Dusty; her intent was to satisfy also any complaints from the neighbors. I agreed with that; although I didn't think a special use permit fit my particular circumstances because I felt I was more or less like a dump truck hauler. Come home, park, and do my thing. Commissioner Houpt asked Duane if he had any concerns about the recommendation; the conditions of approval. Duane stated he still did not think a special use fits. I don't really know why we are here to be honest with you. If the special use will make all the Commissioner Linda stated Commissioner hearing. Commissioner Commissioner In favor: problems go away, I have no problem. Martin asked; can you live with the recommendation. we have no choice, yes. Martin asked if we could have a motion to close the public McCown - So moved. Houpt - Second. Houpt - aye McCown - aye Commissioner Houpt I make a motion we allowing a contractors' yard with the on condition number five (5) there is about a solid board eight foot (8') fence; I would like to also for an approved vegetation screening approved by staff. Commissioner Martin stated; so either the fence or vegetation. Commissioner Houpt stated right; either or. Commissioner McCown - Second In favor: Houpt - aye McCown - aye Martin - aye Martin - aye approve the special use permit conditions provided by staff and a screening sentence that talks allow July 7 — Larry absent. Tresi and John Present • • Request an Amended Plat to Consolidate Four (4) Cooperton Townsite Lots into One (1) Lot, Addressed as 70 Cedar Street, Carbondale — Applicant: Jean and Robert Perry III — Dusty Dunbar Jean Perry was present. Carolyn reviewed the noticing requirements for the public hearing and determined there may be an imperfection due to mineral rights. There was no notification of a mineral owner and we have testimony that the applicant believes that the government owns the minerals. Carolyn asked the planner if there was a title commitment or a title certificate in the packet. Dusty replied there was a warranty deed. Commissioner Martin asked if Ms. Perry was willing to take the risk that it may be challenged by a mineral right owner and Ms. Perry stated she was willing. Chairman Martin swore in the speakers. Planner Dusty Dunbar submitted the following exhibits: Exhibit A —Mail Receipts; Exhibit B - Proof of Publication; Exhibit C — Application; Exhibit D — Garfield County Zoning Regulations of 1978, as amended (the Zoning Code); Exhibit E — Subdivision Regulations of 1984 and Exhibit F — Staff report. Chairman Martin entered Exhibits A — F into the record. Planner Dusty Dunbar explained: STAFF RECOMMENDATION Staff is in support of this amendment Planning Staff therefore recommends that the Board of County Commissioners approve this amended plat request with the following conditions. 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. As part of the purchase agreement with Charles Moore, the applicants have a culinary tap with the Sutank Water District, and 4 shares of irrigation water with the Rockford Ditch Water Association. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; The Applicant shall comply with all standards identified in §5.03, 5.03.065, 5.03.035 and 5.03.015 of the Garfield County Zoning Resolution of 1978, as amended; The new ISDS system shall be sized to accommodate the animal hospital operation and shall meet all Federal, State and local requirements as to size, installation, operation and separation from culinary water systems. Driveway access shall meet the standards of Garfield County. All parking (staff, customers and maintenance vehicles) must be accommodated on-site. No parking is allowed along Highway 82 Access Road A landscaping plan shall be developed that for the area surrounding the veterinary hospital to enhance the appearance and also provide a buffer from the highway to the north. The plan will incorporate components to mitigate lighting issues, and will not be installed in such a way as to block sight distance onto the roadway from this or adjacent parcels; A landscaping plan shall be submitted prior to the issuance of the Special Use Permit, and landscaping installed within 60 days of the building's completion, unless it is necessary to delay planting to coincide with regular planting season; Any fences or signs installed as part of the landscape plan shall meet Garfield County requirements, maintain neighborhood character, have valid permits, and be installed in such a way as to not block the sight distance near the driveway access onto Highway 82 Access Road from this or adjacent parcels; Noise generated shall comply with the standards set forth for residential neighborhoods in the Colorado Revised State Statute 25-12- 103, and any maintenance activity requiring the use of equipment that will generate noise, odors or dust beyond the property boundaries will be conducted within a building, or outdoors during the hours of 8 a.m. to 6 p.m., Monday-Friday; Waste and animal carcasses that might be an attractant to wild animals shall be stored in a suitable container (odor-resistant and not able to be accessed by animals) until such time as arrangements can be made for the waste to be transported away to a suitable facility, such as the Garfield County Landfill. No manure or animal waste of any kind shall remain stored for more than seven (7) days; Management of waste and manure will be performed in such a way as to minimize dust, noise, odor and sources of filth beyond the parcel border; The new crematorium shall be required to operate in compliance with Federal, State and local standards for air quality, emissions, and odor; Kenneling operation shall comply with all standards stated in 5.03.065, with the exception of the CDA Kennel License called for in (9), as that license does not apply to veterinary facilities that do not actively seek boarding business. The requirement shall be met by providing a copy of a valid State inspection of the veterinary facility; No more than fifteen (15) adult dogs may be kept at the facility at one time; Operation related to those of `Riding Stable' shall comply with all standards stated in 5.03.035, with the exception of the requirements in Page 1 of 1 Dusty Dunbar From: Dusty Dunbar Sent: Wednesday, August 27, 2008 6:55 PM To: 'Jean Perry' Subject: Finish up Hi, Jean - After your hearing, Carolyn (County Atty's Office) and I had a chat with you regarding the paperwork that is necessary to complete the amended plat. We asked you to: 1. get a copy of the DEED for the property in your name, 2. get a copy of the water shares and ditch shares in your name, 3. get a paper copy of the amended plat to us for review (we process it through the County Surveyor) then after the reviewed paper copy, you will submit a mylar copy, which we process, sign and record.. Time is of the essence. If this is not accomplished within 90 days (Oct. 7th) the action becomes null and void. (It SOUNDS like a lot of time, but it really isn't.) So, please get the deed, watershare/ditch shares ownership papers and the paper copy of the amended plat to us ASAP. apologize for not pestering you more! Thanks, and call me if you have questions! Dusty Ms.Dustin Dunbar AICP, MPA Senior Planner III Garfield County, Colorado Phone (970) 625-5903 FAX 625-5939 9/5/2008 • Ko-c-kicra DeYcJc__ AtAt . re -47i t -Lt- as be Q,a,s<Snur P 12.4eAY- 617. P,FA/L7 u/. P1f%:�-� '�/7i fo--u-rJ Q74- tom,- t4'te. ted 7Q: r. rine 1 ( QiJ co 41/4f %n, by C )e ,At . /i ()0{._ bpr Satank Water Association, 38 Pine Street, Carbondale, Colorado September 15, 2008 To our friends at the Garfield County Planning Department, Jean Perry is the owner of one water tap from the Satank Water Association, to serve her property on Cedar Street. If I can be of further assistance, please call me at 963-2339. Nancy Smith, Secretary, Satank Water Association SUBSCRIPTION AGREEMENT TO SATANK WATER ASSOCIATION, LTD. The undersigned herewith subscribes as a member to the Satank Water Association, Ltd. and acknowledges receipt of a copy of the Articles of Incorporation and Bylaws of the Corporation and agrees to be bound thereby and further to be bound by such rules and regulations of the Corporation as now exist or as may be adopted in the future. The undersigned hereby subscribes to tap(s) in the Association. The undersigned acknowledges that each tap hereby subscribed carries with it one (1) membership in the Association and one (1) vote on all Association matters. The undersigned further acknowledges that each tap shall be appurtenant to and shall pass with title to the real property now owned by the undersigned. There is attached hereto and made a part hereof as Exhibit A a true and correct copy of the legal description of the real property owned by the undersigned to which each tap hereby subscribed shall be appurtenant. Finally, the undersigned hereby acknowledges and understands that unpaid assessments and charges of the Association will become a lien upon the real property described on Exhibit A and subject to foreclosure. Signature C Ldx_V Address +•01,v2fe v"-> er 1S fraQidiv_cf STATE OF COLORADO )ss COUNTY OF GARFIELD �� 2 0 2 e aboveand foregoingdocument was ackngy�vledged before me this / day of ,f) IX) r , 200by J t'r WITNESS my hand and notarial seal. My commission expires P--)17 08' Address: 3 L ;1623 ACCEPTANCE BY SATANK WATER ASSOCIATION, LTD. Satank Water Association, Ltd. hereby accepts and approves the foregoing Subscription executed by 'Fc_r,*1) for I tap(t) to the Association. ACCEPTED this )S-1,1 day of --�' tr+virt,' , 2CiJ 9 SATANK WATER ASSOCIATION, LTD. L4.bd\aub.crip.10-28-93 -2- President 111119''1 [I111 Reception#: 732649 09!10!2007 11:03:32 Aft Jean Alberioo 1 of 1 Rao Fee:$6.00 Doc Fee:30.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 5th day of September, 2007, between Charles Meredith Moore of the said County of Garfield and State of Colorado, Grantor, and Jean M. Perry and Robert M. Perry Ill whose legal address is: 88 Cedar Street, Carbondale, CO 81623 of the said County of Garfield and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $300,000.00) Three Hundred Thousand dollars and Zero cents, 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 grantees, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lots 6, 7, 8, and 9 Block 9 AMENDED PLAT OF THE TOWNSITE OF COOPERTON According to the Plat recorded August 23, 1977 as Reception No. 280258. RF $6.00 DF $30.00 County of Garfield State of Colorado TOGE'I'HHR 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 appurtenances. 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, bas 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 for the year 2007 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and / ell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically j f 1 t� escribed rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by ,rantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract I f o Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any .special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any." 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 plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS REOF, the grantor has executed this deed on the date set forth above. gorte-- Charles Meredith Moore STATE OF Colorado ) ss. COUNTY OF Garfield MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO r, My Commission Expires May 22, 2009 The foregoing instrument was acknowledged before me this 5th day of September, 2007, by Charles Meredith Moore My commission expires: SJ� �'" t . Witness my hand end official seal. Return to: Jean Perry, 88 Cedar Street, Carbondale, CO 81623 Notuy Public Stewart Title of Caorado - illenwood Springs Division File Number: 20071201 No. 932A - Warranty Deed (For Photographic Record) Pat;:: I oil 111Iligr NliAltiMilr hM'tt it lN 11111 Reception#: 732649 09/10/2007 11:03:32 AM Jean Alberico 1 of 1 Rec Fee:$6.00 Doc Fee:30.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 5th day of September, 2007, between Charles Meredith Moore of the said County of Garfield and State of Colorado, Grantor, and Jean M. Perry and Robert M. Perry 111 whose legal address is: 88 Cedar Street, Carbondale, CO 81623 of the said County of Garfield and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of ( $300,000.00) Three Hundred Thousand dollars and Zero cents, 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 grantees, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lots 6, 7, 8, and 9 Block 9 AMENDED PLAT OF THE TOWNSITE OF COOPERTON According to the Plat recorded August 23, 1977 as Reception No. 280258. RF $6.00 DF $30.00 County of Garfield State of Colorado 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 appurtenances. 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 for the year 2007 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and ell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically escribed rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by rantee(s) in accordance with Section 8b (Mailers not shown by the Public Records) and Section 8c (Survey Review) of the Contract o Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any." 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 plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS W REOF, the grantor has executed this deed on the date set forth above. Charles Meredith Moore STATE OF Colorado ) ss. COUNTY OF Garfield MARY L. SCHEURICH NOTARY PUBLIC t STATE OF COLORADO My Commission Expires May 22, 2009 The foregoing instrument was acknowledged before me this 5th day of September, 2007, by Charles Meredith Moore My commission expires: SWO . Witness my hand and offici;, seal. Return to: Jean Perry, 88 Cedar Street, Carbondale, CO 81623 Notary Public Stewart title of Colorado - Glenwood Springs Division File Number: 20071201 No. 932A - Warranty Deed (For Photographic Record) Page 1 of 1 Ds�4.10I U.o.O.U.U. •. 00000'00000 x: 00000000 0000000 00000000 0.00 i00001040: 00041000 000R030:o; 0001 0Z00 000(000 CONOCO 00010000 000(0u40 00010000 00010 07000:(�t::0 000.(0'406 • 00 0035 OM WOO 000.( 00000010000: 00010000 11®010 '')10000 . 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