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HomeMy WebLinkAbout3.0 DD Staff Report 08.17.2016Director Decision, August 17, 2017, continued from June 17, 2015 Exhibits — Tamburello Exemption, Second Amendment, Parcel 2 Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Application D Staff Report E Memo dated June 10, 2015 form Scott Aibner, County Surveyor F Grant of Continuance of the Director Decision to August 17, 2015 G Letter dated July 30, 2015 from Steven Beattie, with attached letter dated July 27, 2015 from HP Geotech II Revised plat dated 7-24-15 I Letter dated July 31, 2015 from Chris Hale, Mountain Cross Engineeing J K L M N 0 P Q R S T U EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the clot day of !r , 2015. T All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. X All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] de 1. resr./ t «: rn. ►s e(cis r; v htS 1 ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. e. 5. Rat./ e,r Name: Signature: dLui . S• Ret c� � Date: CA" 15 t l7 PUBLIC NOTICE TAKE NOTICE that Kevin L. and Kandy 1 Herrman have applied to the Garfield County Director of Community Development, to request a final plat amendment on property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Tamburello North Exemption, Tract 2 Practical Description: CR 210 east of the City of Rifle Description of Request: To amend the location of the building envelope on the lot. Subject property; All persons affected by the proposed amendment are invited to comment regarding the application. You may state your views by letter, or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant, or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday or on our website at http://www.tgarlieid-countv.comicommunity-development/planning-project-inforn1ation.aspx The Director will issue a decision on this application on Wednesday, June 17, 2015 therefore any comments to be considered must be received prior to that date. Planning Division, Community Development Garfield County Parcel No. 2177-022-05-028 ADJACENT NEIGHBORS Danciger Special Power of Appointment 18208 Preston Rd, Suite D9 PMB 298 Dallas, TX 75252 Parcel No. 2177-024-00-194 Donald G. Perau 200 Deer Run Trail Rifle, CO 81650 Parcel No. 2177-024-00-230 Jesus and Alicia Mendoza Prado 1743 County Road 210 Rifle, CO 81650 Parcel No. 2177-021-00-538 Marsha K. Walling 124 Paddock Drive Greer, SC 29650 Parcel No. 2177-021-00-540 Douglas H. and Bonita A. Nielsen 757 Deer Run Trail Rifle, CO 81650 MINERAL OWNERS Greg J. and Anne E. Tamburello 362 Panoramic Drive Silt, CO 81652 c LoZ Ainr ' G L88 waoj Sc iaoaa wnley opsewop 1d!aoaa =laid o!;sawoa N to 3 rn crE 3) m 0 L✓ w Ln D D O D D RI 0-' fit 0-' ru w fu aagwnN ap!PV 'Z D t-- ' w in D D 6+129 9+129 2000 4. Restricted Delivery? (Extra Fee) 0 cD N a CD w ti CD (.n f✓ - AD 0 z ��-jj. Do a • Q O O N N O I-'0 G- O w ❑❑0g j JD C) a C(qa. m N _ (D (D `71 a D w • a 3 m w. ❑❑❑ o2. 2. V FD- cO o • (0D W 0 m = n �( "9<2'3 O (0 m S ID a N co ❑❑5g 0 031.E al N_ (D as m aE. ❑❑❑ o P.•• o n • 7 o x • 03 0 w m x fD Q co. (D aw 7 (aweN palupd) iq pan!aoa8 ;1an!!93 Io alua .0 S LOZ Apr ' G 1.8e waoJ Sc 1d!eoaa wnteH ogsawoa 1d!aoad wnlad opsawoa m W 0 3 m m N D w Ln D D D RJ 0' Er ru a - RJ aagwnN PPV 'Z 005E 2'C0Z D D D ru 0-' N 0r 0, fL nJ Ln 4. Restricted Delivery? (Extra Fee) JPPV 010!1. V (D a 0 • • • o Do v� g 3 3 O= < A 3 S O -. (p (D C N (D 7 (D O O O O N N iv). • a (D O N (1) (D D) (D 1 naca- n53N a (�D N • N aN 0. 3 X O N • (n• 0a0Oy • 5-0=o0 ro`< 5 0. 0 ro N O (D N saaPPV 910!14V 01103S SIH1 3137dINO0 :113aN :183/11730 NO N01103S SI141 3137d1NO 01103S SIH13137dWOO sa 41 I 3. Service Type rEA Certified Mail® 0 Priority Mail Express' 0 Registered 0 Return Receipt for Merchandis 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes x w O O (D ❑ ❑ a (OO a (D 3 .3+ m w n 0 r- 31, m 0 0 m SENDER: COMPLETE THIS SECTION In Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; Danciger Special Power of Appointment 18208 Preston Rd, Suite D9 PMB 298 Dallas, TX 75252 COMPLETE THIS SECTION ON DELIVERY A. Sign re X B. Re 0 Agent r w ❑Addreressee eived by (Printed Name) C. Date of Delivery . Le. ( YY1_q S i 0/ D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type IS' Certified Mail® 0 Priority Mail Express" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7011 3500 0002 6246 6256 PS Form 3811, July 2013 Domestic Return Receipt • ru ru ru m ru D ru J3 _a ru .11 ru D D D a m a U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance, Coverage Provided) For delivery information visit our website at www.lisp Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tote Sent; Stree or PC City, 4 Marsha K. Walling '124 Paddock Drive Greer, SC 29650 ralacialsmiaaamw Postmark / HiL:5 tructions U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pi Sent To Street, Ai or PO Bo City, Stat 2 ') Postmark /tth , Jesus and Alicia Mendoza Prado 1743 County Road 210 • Rifle, CO 81650 • 13- ru 13 ru D D m r C:1 N rI ru .11 7011 3500 0002 6246 1 . • ostal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com0 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pos Sent To Street, Apt orPOBox. City, State Donald G. Perau 200 Deer Run Trail Rifle, CO 81650 PS Form 3800, August 2006 tiiiiaifc :] 3 U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P $ dens Posnork Here' . Sent To Douglas H. and Bonita A. Nielsen 757 Deer Run Trail Rifle, CO 81650 Street, Al or PO Be City, Stat Min T:11071k . Ottoggimmpupgramommupwrzpairwr40.-1,4",”-urrATM Makiuggia . U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Far delivery information visit our website at www.usps.come Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P Sent To r:;" street,) Mi or PO B r- Cey, Stt • I /2 2 2 42 ej Postmark Here Greg J. and Anne E. Tamburello 362 Panoramic Drive Silt, CO 81652 • nJ -D ru 7011 3500 0002 U.S. Postai Service, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit aur website at www.usps.comG Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here e Total Sent ADanciger Special Power of Appointment Street; 18208 Preston Rd, Suite D9 orPOt PMB 298 Dallas, TX 75252 City, St Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary 0 Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final ❑ Time Extension INVOLVED PARTIES Owner/Applicant Name: Kevin L and Kandy J. Herrman EXHIBIT r DIVISIONS OF LAND APPLICATION FORM ❑ Preliminary Plan Amendment O Final Plat Amendment O Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption Mailing Address: 250 County Road 127 #19 City: Glenwood Springs Phone: ( 970 ) 945-7193 E-mail. advantagebuilders@comcast.net State: 00 Zip Code: 81601 Representative (Authorization Required) Name: Julie S. Hanson Phone: ( 970 ) 945-8659 Mailing Address: 932 Cooper Ave. City: Glenwood Springs E-mail: jhanson@bch-law.com State: GO Zip Code: 81601 PROJECT NAME AND LOCATION Project Name: Tamburello North Exemption - Final Plat Amendment Assessor's Parcel Number: 2177 - 021 - 00 _ 539 Physical/Street Address: 210 County Road, Rifle, Colorado 81650 Legal Description: Tamburello North Exemption Tract 2 Zone District: Rural Property Size (acres): 8.028 acres Project Description Existing Use: Vacant Property Proposed Use (From Use Table 3-403): RsidentiaI Property Description of Project: The Property was originally created in 200=part o/the r=" "relmw=mc"°.r/*". Tract 2was amended ."zanrwreduce the building envelope and wmove the east property line, which reduced the overall acreage mthe Property. The existing building envelope iscurrently 1.008 acres and lhe Apphcant desires 10 arnend the buIding envelopeto approxmatoly the semo as was orginally approved in 2002 (2.013 acres). Ths wil ahow for better construction of a snge family home and aUow the app!icant to construct on the south side of the access road and avoid the removal of a large grove of trees. ntArea Proposed Development Land Use Type # of Lot �'— ---1------ SingleFannUy Duplex Multi -Family Commercial Industrial - |- — Open Space t 0her Tota # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements [] The Applicant requesting a Waiver of Submission Requirements per Secion 4-202. List: Section: Section: Section: Section: Waiver of Standards [:1 The Applicant is requesting a Waiver of Standards per Secton 4-118. List: Section: Section: Section: Section: have read the statements above and have provided the required attached information which is correct and accurate to the besofmyknowledge. Signature of Property Owner \\ Date OFFICIAL USE ONLY File Number: __' Fee Paid: $ ______ Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Listing Agent Gold Star Realty, Inc. 758 Railroad Avenue Rifle, CO 81650 Attn: Linda Upton Email: redtherealtor@realtor.com Lender Date: November 19, 2014 File No. 1411033 Property Address. TBD Deer Run Trail, Rifle Selling Agent U.S. Bank N.A. 1901 Grand Avenue Glenwood Springs , CO 81601 Attn: Don Mundy Email: don.mundy@usbank.com / tonya.le@usbank.com Seller Ronald L. Byrd Jr. and Shirley S. Byrd 2654 Fairview Heights Court Rifle, CO 81650 Email: thebyrds@sopris.net RE/MAX Country: 820 Castle Valley Blvd. New Castle, CO 81647 Attn: Steve Carter Email: stevecarter@sopris.net Buyer Kevin L. Herrman and Kandy J. Herrman 250 County Road 127 #19 Glenwood Springs, CO 81601 Email: advantagebuilders@comcast.net COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1411033 1. Effective Date: November 13, 2014 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Kevin L. Herrman and Kandy J. Herrman (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: U.S. Bank N.A., Its Successors and/or Assigns $92,000.00 $69,000.00 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: Ronald L. Byrd Jr. and Shirley S. Byrd 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" TITLE CHARGES Owner's Policy Standard Coverage $359.00 Re -Issue Owner's Extended Coverage 60.00 Mortgagee's Policy 100.00 Tax Certificate 15.00 Delete Standard Exceptions (Lender's) N/C COUNTERSIGNED: Patrick Bur -weir American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1411033 EXHIBIT "A" TRACT 2 (AMENDED) A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43"W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00°30'02 "E 657.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITHA 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. File No. 1411033 SCHEDULE B - SECTION 1 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 Ronald L. Byrd, Jr. and Shirley S. Byrd vesting fee simple title in Kevin L. Herrman and Kandy J. Herrman. 2. Deed of Trust from Kevin L. Herrman and Kandy J. Herrman to the Public Trustee of Garfield County for the use of U.S. Bank N.A. 3. Release of record by the Public Trustee of the Deed of Trust from Ronald L. Byrd Jr. and Shirley S. Byrd for the use of Laraine S. Steele showing an original amount of $40,000.00, dated November 1, 2013 and recorded November 22, 2013 as Reception No.843482 (view) 4. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 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 terms and conditions of the title insurance commitment, 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 conditions: 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 Schedule 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 has 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 information 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 until 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 commitments 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 holds 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.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 the above conditions are fully satisfied. File No. 1411033 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 law 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 of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 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 all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 19, 1920 in Book 112 at Page 528. (view) 10. Easements and all matters shown on the Access and Utility Easement Plat recorded October 24, 2003 as Reception No. 639205. (view) 11. Easements and all matters shown on the Amended Tamburello North Exemption Plat recorded May 17, 2007 as Reception No. 723559. (view) 12. Easement declared in instrument recorded October 24, 2003 in Book 1531 at Page 675. (view) 13. Terms, conditions, easements and all matters set forth in Well Sharing Agreement recorded October 24, 2003 in Book 1531 at Page 677. (view) 14. Easement, the exact location of which is not defined, declared in instrument recorded January 21, 2004 in Book 1555 at Page 993. (view) 15. Terms and conditions of Oil and Gas Lease by and between Gregory J. Tamburello and Anne E. Tamburello, as Lessor and Apollo Energy, LLC, as Lessee, recorded June 10, 2005 in Book 1696 at Page 69 and any and all interests therein or assignments thereof. (view) 16. Access and utility Easement as described in instrument recorded January 4, 2007 in Book 1880 at Page 548. (view) (continued) File No. 1411033 SCHEDULE B - SECTION 2 17. Access and utility Easement as described in instrument recorded January 11, 2007 in Book 1883 at Page 550. (view) 18. Reservation of all oil, gas, mineral and mineral rights as described in Warranty Deed recorded January 4, 2007 in Book 1880 at Page 548, and any and all interests therein or assignments thereof. (view) 19. Reservation of all oil, gas, mineral and mineral rights as more fully described in Warranty Deed recorded May 21, 2007 in Book 1928 at Page 580, and any and all interests therein or assignments thereof. (view) 20. Terms and conditions of Oil and Gas Lease by and between Greg J. Tamburello and Anne E. Tamburello, as Lessor and Antero Resources Piceance Corporation, as Lessee, recorded January 30, 2009 as Reception No. 762445 and any and all interests therein or assignments thereof. (view) 21. Any loss, claim or damage due to the location of fences. (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: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (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 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve 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 how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy 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 of Information 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 person, 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 our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services 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 ensure that no unauthorized 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 to 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 procedural safeguards that comply with federal regulations to guard your nonpublic personal information. VIIIIiiirrrlA11 ivit i.11lt.[ kiliVhAfF14,040ihilh1IIII Reception$*: 857704 12/29/2014 04:05:04 Pf1 Jean Alberico 1 of 2 Rec Fee:915.00 Doc Fee:9 20 GARFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder WARRANTY DEED THIS DEED, made on December 29, 2014 Between Ronald L. Byrd Jr. and Shirley S. Byrd of the County of Garfield, and State of CO, grantor, and Kevin L. Herrman and Kandy J. Herrman as Joint Tenants whose legal address is : 250 County Road 127 #19, Glenwood Springs, CO, 81601 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $92,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" 0 R I O as known by street and number as: TBD Deer Run Trail Rifle CO 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 HA VP 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 fonner and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to general taxes and assessments for the year 2014 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No.141 1033 accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above referenced property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off -Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; 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 gender shall be applicable to all genders. IN W e REOF the grantor has scented this deed on the date set forth above. Ronald L. Byrd Jr. STATE OF COLORADO COUNTY OF GARFIELD ss. Shirley S. Byrd The foregoing instrument was acknowledged before me on December 29, 2014, by Ronald L. Byrd Jr. and Shirley S. Byrd. W TNESS my hand and official seal /e0,S8 Notary Public 1322 Grand Avenue Glenwood Springs, CO 81601 My commission expires: Commonwealth File No. 1411033 Return tn.. Kevin L. Herrman and Kandy J. Hemmen 250 County Road 127 d19 Glenwood Sptinge CO 81601 ti CONNIE ROSE ROBERTSON NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 11/9/2015 1III !r.A6R1'O1I IkVN+' WILVE/ll NWAkia!111i Reception#: 857704 12(29/2014 04:05:04 PM Jean Rlberico 2 of 2 Rec Fee:$16.00 Doc Fee:9.20 GARFIELD COUNTY CO EXHIBIT "A" TRACT 2 (AMENDED) A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SEI/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43"W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NEI/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00°30'02 "E 657.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. April 15, 2015 Ciarfield County Aitn: Dave Pesnichak Community Development Department 108 Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Final Plat Amendment — Tamburelk North Exemption Dear Dave: 'We, Kevin and Kandy Herrman authorize Julie S. Hanson, of Beattie, Chadwick Houpt, LIP, to act on our behalf with regard to a request .for approval of a Final Plat Amendment for the Tamburello North Exemption in Garfield County, Colorado. Sincerely yours, Kevin Herrman Kandy J.„Herrman GaCour PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Kevin L and Kandy J. Herrman agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Tabmurello North Exemption - Amended Plat 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. hereby agree to pay all fees related to this application: Billing Contact Person: Kandy Herrman Billing Contact Address: 250 County Road 127 #19 Phone: ( 970 ) 945-7193 City: Glenwood SpringsState: CO zip Code: 81601 Billing Contact Email: advantagebuilders@comcast.net Printed Name of Person Authorized to Sign: Kandy Herrman (Signature) (Date) = Community Development Department l080mStreet, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 vi AV,ga c{d-Couu1y-u0171 - -�� ���'''-'- -' vr r TAX PARCEL NUMBER: 2177-021-00-539 DATE: January 14, 2015 PROJECT: TambureUoNorthExcmption—AmendedP|at OWNERS/APPLICANT: Kevin Herman REPRESENTATIVE: Kevin Herman PRACTICAL LOCATION: TAK4BURELU]NORTH EXEMPTION TRACT 2 ZONING: Rural TYPE OF APPLICATION: Final PIat Amendment L GENERAL PROJECT DESCRIPTION The applicant is requesting to adjust the building envelope. The parcel was originally created in 2002 as part of the Tamburello North Exemption. Tract 2 was subsequently amended in 2007 (Reception Number 723559) which shrank the building envelope and moved the east property line. The overall size of the property was also reduced from 9.169 acres to 8.028 acres. The existing building envelope is currently 1.008 acres. The Applicant wishes to amend the building envelope as it exists today to approximately as it was originally approved in 2002 (2.013 acres). This would allow the construction of a house on the south side of the access road. The building envelopes were originally located in areas that do not exceed a 25% grade. The Plat contains a note that states "Siopes exceeding 25% shall be restricted from development"Both the original plat and amended plat have shaded areas that are restricted from development due to slopes that exceed 25%. As a result, any amendments to the building envelope will need to confirm that no dopes in excess of 25% are proposed within the envelope area. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS w Garfield County Comprehensive Pan 2030 Garfield County Land Use arid Development Code, effective July 15, 2013 • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (See attached flow chart). SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ■ Application Form • Ownership Documentation (deed) for both lots and title information indicating if there are any lien holders • Statement of Authority or Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form (attached) ■ Pre -Application Conference Summary • Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels (see attached memo) ■ Vicinity Map (8.5 x 11) ■ Improvements Agreement (may be waived upon request) • Final Plat — Section 5-402(f) and applicable certificates (See attached) o Plat should include confirmation that the building envelope will not encroach on areas with slopes of 25% or greater o A plat note should be added stating that "Except as stated or shown hereon, all plat notes and easements shown on the original Tamburello North Exemption Plat, Reception Number 639205, and Tamburello North Exemption Amended Plat, Reception Number 723559, are incorporated hereon by reference" • Code, Covenants, Restrictions, if applicable Submit three paper copies and one CD for both applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X None (Director's Decision) _Planning Commission _ Board of County Commissioners _ Board of Adjustment 2 c, Referral Agencies: May indude Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, arid State of Colorado. V. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees c. Total Deposit: $ 100.00 $ TBD — consufting engineer/civil engineer fees $ 10000 (additional hours are biUed at $40,50 /hour) General AppUcation Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Cornmunity Development Departmerit. The Directors decision is subject toalO-dnycall-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 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 right. Pre -application Summary Prepared by: ,/ David FesnichakA|[P—Senior Planner Date 3 A. Section 4-103 Administrative el,/ 2 months if submittal is co • -043 Administrative Review Process (Section 4-103) Garfield County •May be waived by Director •Applicant has 6 months to submit application 1.1ritit ',1111rit •10 business days to review •if Incomplete, 60 days to re.rnedy deficiencies i;eit"4; Schedule Decision atut Ps;vide - * • ot v 4 *Mailed to adjacent property owners within 200 feet ancl mineral owners at least 15 days prior to decision date .21 day comment period vokittoeftvo •Calkup Period- within 10 days of Directas Decision +Applicant has 1 year to meet any conditions of approval 7 9 +rrtt� ( o Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 wv Lv.garfield-county.c©rn TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary ❑ Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final O Time Extension DIVISIONS OF LAND APPLICATION FORM ❑ Preliminary Plan Amendment ® Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: Phone: Mailing Address: City: State: Zip Code: E-mail: Representative (Authorization Required) Name: Phone: Mailing Address: City: State: Zip Code: E-mail: } PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: Physical/Street Address: Legal Description: Zone District: Property Size (acres): Project Description Existing Use: Proposed Use (From Use Table 3-403): � | Proposed Development Area Land Use Type | wof Lots | � Single Family Duplex Multi -Family Commercial Industrial Open Space OtherTotal # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: aiver of Standards C:n The App)icant is requesting a Waiver of Standards per Section 4-118, List: Section: Section: Section: Section: | have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner OFFICIAL USE ONLY File Number: Date Fee Paid: $ 0 020 7 023 2, 7 1110 221, 120 008 I j 004 --Native_Springs �009 003 238 514 089 P 007 00� 003 002 028 Tybar Ranch 004 437 439 320 79 440 Laos 523 Turgoose Ranch 531 532 1 534 %-- • 067 30 \\ 021 C22 \\ I 023 020 1 � 026 \ 025 024 'j 019 i 017 �1 018 027 (1 %/ 016 J1101 1 )1 / � 014 /. 1 012 493 495 494 r- 230 011 010 8 538 540 006 007 005 004 Native -Springs 009 1 003 010 ! 002 011 001 472 194 471 473 230 / 1231 /.229 120 526 I 289 263 26 349 348 350 321 330 29J 292 00 329 328 404 339 405 506 006 005 092 541 001 423 524 424 25 238 089 007 006 005 357 ! 00 003 002 09 09 474 243 0 359 ; 094 001 TAMBURELLO NORTH EXEMPTION AMENDED PLAT A Parrrei of Land Being the SE7/4NE/4 Section 2, Township 6 South, Range 93 West of the 6th P.M., Courtly of Garfeid, State of Colorado Tinct 2 k,31C .AU .^,LR4L'1L"li:S Cin'_l[j'tGlf. ra.xn"SUF. veYnn.s c srn>CA, ,.. HxJ_M,Zo% ,71.17XAY RE'CY166%%�i.t17 CE.0710,ARE •e ft , eld (]ounvy 1401P NDUA_ TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1, Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 1, All in ormation as required in the Preliminary Plan Map; and Any modificattons, additions or deletions as required by the BOCC. Final Pliffill be of an engineers scale. Final Piat shall be prepared n a clear and legible manner on reproducible film stock measuring 24 inch by 36 inch with clear margins of 2 inches on the left-hand side and 1/2 inch on the remaining sides. The Final Plat shall contain the following informoUon, as well as any additional information as required by the Director and/or BOCC, in a format prescribed by the County: 1. Name and address of the property owner(s) and rnineral owner(s) of record of the tand being platted. 2. Name, addnems, and seal of the certifying registered land surveyor preparing the Final Plat. 3. Legal description and area ofthe property. 4. Vicinity Map. 5. Location and fufl description of alt monuments as required by this Cade and by C.R.S., Title 38, Article 51: a. Permanent moniiments shall be set on the external boundary ofthe Subdivision pursuant to C.R.S, § 38-51-101; b. Block and lot monuments shall be set pursuant to C.R.S. § 38-51- 101; and c. lnformation adequate to locate alt monuments shall be noted on the Plat. G. Boundary |ineo, corner pins, and dimensions of the subject parcel(s), including land survey data to identify the subject parcel by section corners, distance and bearing to these corners, quarter corner, township, and range. 7. The lengths of all arcs, radii and tangents. Sufficient data shall be shown for all curved lines on the Pia( to enable reestablishment of the curves in the field. O. Lot location and layout: a. All lots and blocks shall be numbered consecutively; and b. The dimensions of all lots and the area of each lot shown to 2 decimal places. S. Name, |ocohon, and width of rights-of-way, including those intersecting or paralleling the Plat boundaries within 200 feet. 10. Name and map number of any bordering Subdivisions within 200 feet of the boundaries of the Plat. 11. Municipal limits within 200 feet ofthe boundaries of the Plat. 12. Location, width, purpoae, and owners of all easements. A Plat note may be necessary to provide complete informatiori regarding the purpose of the easement. Maintenance easements shall be provided for ditches as required in section 7-201.E.3. 13. LooaUon, area, and means of access of alt property to be reserved and/or dedicated, with the means of access to such property clearty shown and its intended uses noted. 14. Alegally acceptable land description and dedication biock placed on the Plat by the Applicant dedicating stnaetu, rights-of-woy, public sitey, and other such features. The transfer to the County ef dedicated land shall take GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-21 place by m legally acceptable instrument prior to or concurrent with Final Plat uooeptaooe, but before recording of the Final Plat. All ands within the boundary of the Subdivision shall be accounted for a lot, tract. parce, Open Space, street, right-of-way, AIley. and so forth, and all areas of' such lands shall be shown on the plat to the nearest 100 of an acre. 16. Any protective covenants/restrictions shall be noted on the Plat or, if protective covenants/restrictions are recorded, the book and page of these recorded documents shall be shown on the Plat prior to the Plat being recorded. 17. All required Plat notes, oxompbnns, uonhaots, and any addiflona notes, Buliding Envelopes or other information as required by the County. 18. Executed oertihoaten, nohoao, and statamente, as required by the County G. C>penSpace Plan K8ap. ,' 1. Operi Space Plan Map. The Open Space Plan Maps shall ba|edat1 inch equals 200 feet, and shall include o(the following e|emantS: a. Residential lot Iayout, roadways, and site access; b. Deineation of Open Space areas; c. TraiIs and structures Iocated within the Open Spacean*au;and d. Existing and panned Open Space on adjacent property. 2. Open Space Management FIan, The Open Space Management Pan shall include the foliowing elements. AV Open Space shall be platted as part of the first Final Plat. a. Ownership and responsibility for management of the Open Space. The owner may place a perpetual Conservation Easement ori the Open Space and deed that easement to a qualified conservation organization. In all cases, ownership shafl be deeded o the finaily controlling entity at the time of Final Plat. b. Detaits for maintenance the Open Space, including noxious weed control. c. Responsibility for the cost of maintenance of the Open Space. d. Uses allowed withinMhaOpen Space. e. Stipulations preserving the designated Open Space and maintenance of the Open Space in the event of future amendments to the approved land use. H. Visual Analysis. 1. Visual Analysis With Sketch Plan. Within the Sketch Plan Review application, the Applicant shall submit an initial investigation of potential visual impacts and mitigation baohniqueu, containing the following materials: a. Map. A map of the property that depicts the general location of ridgelirie areas in relationship to development areas. b. Written Statement. A brief written statement deuuhbing, in a general manner, where the development is proposed to be Iocated in relation to the ridgeline areas and the design elements that will be used to mitigate visual impact . 2. Visual Analysis With Preliminary Plan. Within the Preliminary Plan Review GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-22 11 Amended Final Plat County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this day of , A.D., 20_, 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 provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk Certificate of Dedication and Ownership The undersigned , being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing acres, more or Tess, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into Tots and blocks as shown on this [Exemption] Plat under the name and style of , a subdivision in the County of Garfield. The Owner(s) do(es) 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 Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20_. Owner Address: STATE 0FCOLORADO ) ��� COUNTY 0FGARRELD } The foregoing [e��ca�'ofDed�ationand Owne�hipwas acknowledged befoemethis day uf 'A.D,__ lOby x4ycmnm|��nex�n�: Witnessofficial (SEAL) ��a Notary Public Surveyor's Certificate |' , do hereby certify that! am a Professional Land Surveyor hcerised under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of , as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of , A.D., 20_. Professiona Land Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock , on this day of , 20 and is duly recorded as Reception No. Clerk and Recorder By Deputy 28 County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this day of , A.D., 20_. Garfield County Surveyor Title Certificate , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in , free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of , A.D., 20_. OR TITLE COMPANY: Agent Attorney Colorado Attorney Registration No. Certificate of Taxes Paid 1, 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 Plat are paid in full. DATED this day of , A.D., 20 . Treasurer of Garfield County 29 H. Other Plat Certificates To Be Used, As Necessary Lienholder Consent, Subordination and Release as to Public Rights -of -Way (No Exception Needed in Title Certificate) , as the Beneficiary under Deed(s) of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby joins in and consents to said Subdivision [Exemption] Plat and to the recording thereof. Beneficiary agrees that any foreclosure of said Deed(s) of Trust shall not adversely affect the existence and continued validity of the [Exemption] Plat, which shall run with the land and remain in full force and effect as if this [Exemption] Plat had been delivered and recorded prior to the recording of said Deed(s) of Trust. Without limiting the generality of the foregoing, the public right(s)-of-way depicted on the [Exemption] Plat are dedicated by the Owner(s) hereon, free and clear of any interest in the Beneficiary. Notwithstanding such consent and subordination and release as to public rights-of-way, said real property, other than the public right(s)-of-way dedicated hereon, shall continue to be encumbered by the Deed(s) of Trust unless released in accordance with law. EXECUTED this day of , A.D., 20_. STATE OF COLORADO ) COUNTY OF GARFIELD ) : ss Lienholder The foregoing Lienholder Consent, Subordination and Release as to Public Rights -of -Way was acknowledged before me this day of , A.D., 20_, by My commission expires: Witness my hand and official seal. (SEAL) Notary Public Lienholder Consent and Subordination (Exception Needed in Title Certificate) The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exemption] Plat and to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. EXECUTED this day of , A.D., 20_. 33 --.,........ ,es , -- , — — 1 ,..,...,..' — --Z-Z T -, — - -'' " NN, ''' -- .,...,„ — / \\ - '-1 ,--* , — --- \. 2 i• .- - — ..--, i r"' , 7— / / / IA • -,,,,, . , .,...„ , . . . L ' N•41.1 ''.- -rt i; ./ 11 I / \:— 1g,'/ t i-7 •sc• ' -,..„ --, ..,-, ., ,. , • ..: \0.0.22 N .. \ E -- /i \\ ilit ,'•• D• , 2 0 - ; ... ,— , A . SIVA( -11 ar,.00 N ,e95154 5 3 _(0,1*.OV Parcel No. 2177-022-05-028 ADJACENT NEIGHBORS Danciger Special Power of Appointment 18208 Preston Rd, Suite D9 PMB 298 Dallas, TX 75252 Parcel No. 2177-024-00-194 Donald G. Perau 200 Deer Run Trail Rifle, CO 81650 Parcel No. 2177-024-00-230 Jesus and Alicia Mendoza Prado 1743 County Road 210 Rifle, CO 81650 Parcel No. 2177-021-00-538 Marsha K. Walling 124 Paddock Drive Greer, SC 29650 Parcel No. 2177-021-00-540 Douglas H. and Bonita A. Nielsen 757 Deer Run Trail Rifle, CO 81650 MINERAL OWNERS Greg J. and Anne E. Tamburello 362 Panoramic Drive Silt, CO 81652 1111 FaIIr Itl■lIt■!IWHN71If7OWLI\Ilrinl■ 111 Recsptlon#: 723781 05)21/2007 03:52:58 P11 9: 1928 P: 0580 Jean Plberico 1 of 2 Rec Fee:$11.00 Doc Fee:18.99 GARFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder WARRANTY DEED THIS DEED, made this 13th day of April, 2007 Between GREG J. TAMBURELLO AND ANNE E. TAMBURELLO of the • County of Garfield, and State of CO, grantor, and BERNIE COLONNA AND PATRICIA COLONNA, As joint tenants with full rights of survivorship whose legal address is : P.O. Box 1968, Rifle, CO, 81650 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of 5189,910.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: RESERVING UNTO THE GRANTORS ALL OIL, GAS, MINERAL AND MINERAL RIGHTS IN THE FOLLOWING DESCRIBED PROPERTY ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A": as known by street and number as: TBD County Road 210 Rifle CO 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 front all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0703023-R 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 s' • ular, and the use of gender shall be applicable to all ge W1 ESS REO id e : i' for has executed this deed on the date set fort.: bo STATE OF COLORADO )ss. COUNTY OF GARFIELD nne E. Tamburello The foregoing instrument was acknowledged before me on April 13, 2007, by Greg 1. Tamburello and Anne E. Tamburello. WITNESS my hand and official ast S�Sireet My commission expires: 1 Ri e, 1650 Commonwealth File No.0703023-R R•on,r, CoL1)NNA P.O. ex,'" V3,L R-3.Fco (.50 cal Notary Pu. c JANET L. HUBBELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/08/08 File No. 0703023-R TRACT 2 (AMENDED) 1111111111MOVINIMildieWeliNfrittliag04111111 Reception:: 723781 05/21/2007 03:52:58 PM B: 1928 P. 0581 Jean Alberieo 2 of 2 Rec Fee:511.00 Doc Fee:18.98 GARFIELD COUNTY CO EXHIBIT "A" A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SEI/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43"W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00°30'02"E 657.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N 1/2SEl/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. Together with any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject porperty; title to which is not included in the warranties contained herein; 1/3 interest in Well Permit No. 231203 VICINITY MAP 136 Eust Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 Fax (970) 625-2773 BOOKCI F Sury Services, Inc. Kevin & Kandy Herrman 250 CR 217, # 19 Glenwood Springs, CO 81601 TRACT 2 TAMBURELLO NORTH DATE: 04/09/15 SHEET: 1 OF 1 PROJECT: 15015-01 EFT: TL TAMBURELLO NORTH EXEMPTION, TRACT 2 - AMENDED FINAL DIRECTOR DETERMIINATION AUGUST 17, 2015, continued from JUNE 17, 2015 EXHIBIT 1. REQUEST Kevin and Kandy Herrman are the owners of Tract 2 of the Tamburello North Exemption parcel located east of the City of Rifle. The parcel is 8.028 -acres and was originally platted in 2002. The building envelopes appear to have been applied to the three lots in this exemption due to slope issues. All area outside of the building envelopes are restricted from development. Tamburello North Exemption A Parcel ofLand Being the SEl/4NE1/4 Section 2, Township 6 South, flange 92 West of the 6th P.M., County of Garfield, State of Colorado Original Building Envelope OPAYHIC Figure 1 Original Plat - 2002 111 age Tamburello North Exemption, Tract 2 Director Decision — August 17, 2015 continued from June 17, 2015 A second amended plat was approved in 2007 which removed that part of the building envelope on the south side of the access road, leaving the buildable area of the lot on the northern portion of the property. r, TAMI3URELLO NORTH EXEMPTION AMENDED PLAT A Parcel of Land Doing the SE i! 4NE1/4 Section 2, Township 6 South. Range 4.3 West of the 6th P.M., County of Garfield, State of Cotorado To pst7 Revised Building Envelope •.� 6 4 • .,s T t2 • .70 r„„.3 ClOtt: ecs:i sta xiuvs eee•v¢e4ri } malt- se • Figure 2 Current Plat - 2007 The Herrman's are requesting to maintain the existing 1 -acre building envelope (the North Building Envelope) while adding approximately .6 -acres to the south side of the access road (the South Building Envelope). See below for the proposed draft plat dated July 24, 2015 2IPage Tamburello North Exemption, Tract 2 Director Decision — August 17, 2015 continued from June 17, 2015 Seconded Amended Final Plat TRACT 2, TAMBURELLO NORTH EXEMPTION A Parcel of Land situate in the SE1/4 of the NEI/4 of Section 2, Township 6 South, Range 93 West of the 6th P.M. County of Garfield, State of Colorado `p Proposed Building Envelopes Vicinity M,,p Gnt,. 1,1000 Figure 3 - Proposed Plat The South Building Envelope is located in an area that the current plat restricts from development, however it appears that some past grading of the site may have reduced the slope as the current slope analysis indicates that the area within the envelope is does not contain slopes of 20% or greater. Due to the request to build in an area that is currently restricted form the development, and indications on the existing plat regarding slope issues, the Applicant has provided a geotechnical analysis, Exhibit G , pursuant to Section 7-207 F. (1.) of the 2013 Land Use and Development Code, as amended (LUDC). This code section requires that the Applicant demonstrate that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: F. Slope Development 1. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. II. APPLICABLE REGULATIONS The request shall follow the Amended Final Plat process in Section 5-305 of the 2013 Land Use and Development Code, as amended, (ULUR) which stipulates an Administrative Review 3IPag. Tamburello North Exemption, Tract 2 Director Decision — August 17, 2015 continued from June 17, 2015 procedure with the Plat being presented to the Board of County Commissioners for signature and recording in the Office of the Clerk and Recorder. Criteria for the review have been satisfied as listed below: 5-305 Review Criteria 1. Does not increase the number of lots; Staff Comment: This application does not increase the numbers of lots. 2. Does not result in a major relocation of a road or add 1 or more new roads; and Staff Comment: No new road or relocation of roads is proposed. 3. Will correct technical errors such as surveying or drafting errors. Staff Comment: This plat is not correcting technical errors. III. REFERRAL AGENCY COMMENTS 1. The County Surveyor has reviewed the proposed amended plat, EXHIBIT , and had no comment. 2. Chris Hale, Mountain Cross Engineering, has reviewed the geotechnical analysis, Exhibit , and had no comment. IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Director of Community Development approve the requested plat amendment based upon the following finding and recommended conditions: Suggested Findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That for the above stated and other reasons the proposed amended plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That upon compliance with the conditions of approval and for the above stated and other reasons the application has adequately met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. Tamburello North Exemption, Tract 2 Director Decision — August 17, 2015 continued from June 17, 2015 Recommended Conditions of Approval 1. That all representations made by the Applicant shall be considered conditions of approval unless otherwise amended by the Director decision. 2. The draft plat dated July 24, 2015 shall be amended as follows: a. A Lienholder's Certificate shall be added to the plat for the mortgagee of the property to sign, pursuant to the Deed of Trust recorded at Reception Number 857705; b. Change Surveyor Note 3 which states the intent is to relocate the building envelope whereas the request is to add a second buildable area to the lot. If the intent is to relocate the building envelope then the north building envelope should be labeled as being vacated. c. The title of the plat should be: Second Amended Final Plat Tamburello North Exemption, Parcel 2 This change is requested due to the fact that the Clerk's Office files the plat alphabetically therefore the subdivision name should come first. 3. Prior to scheduling the plat for Board of County Commissioner signature, the applicant shall submit a mylar signed by all required entities except the Board of County Commissioners, Clerk & Recorder and County Surveyor. 4. Within 90 days of this determination the Amended Plat shall be signed by the Chairman of the Board of County Commissioners and recorded in the office of the Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor. 5. Submittal of the mylar to Community Development must be accompanied by sufficient recording fees to record the plat. Garfield County SURVEYOR SCOTT AIBNER, P.L.S To: Michael Langhorne - Bookcliff Survey, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Tract 2, Tamburello North Exemption, Second Amended Date: 06/10/2015 Michael, Upon review of the Second Amended Final Plat of Tract 2, Tamburello North Exemption, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Kath Eastley — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • email:saibner@garfield-county.com From: Kathy A. Eastley To: "Julie Hanson" Cc: Tamra Allen; Fred Jarman Subject: RE: Herrman Date: Thursday, June 18, 2015 8:48:00 AM EXHIBIT Julie, This email is confirmation that the Director decision for the Tamburello North Exemption plat amendment has been continued until August 17, 2015. We will expect to received the geotechnical analysis, required by Section 7-207 F., to be submitted to the County no later than July 15, 2015. Please let me know if this timing will be an issue for your client. We will have a third -party engineer review of the information, the cost of which will be billed to your client. Thank you and have a good day. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley®garfield-county.com From: Julie Hanson [mailto:jhanson@bch-law.com] Sent: Wednesday, June 17, 2015 4:56 PM To: Kathy A. Eastley Subject: RE: Herrman Hi Kathy: As a follow up to our phone conversation, we would like to request a sixty (60) day extension in order to allow for the necessary referral time. Thanks! Julie Please note new e-mail address: jhanson@bch-haw. coin Julie S. Hanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945-8659 Fax: (970) 945-8671 jhanson@bch-law.com www.bch-law.corn This message contains information which may be confidential and privileged under the attorney-client privilege, the work product privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply c -mail, and delete the message. Thank you very much. From: Julie Hanson Sent: Wednesday, June 17, 2015 4:38 PM To: 'Kathy A. Eastley' Subject: FW: Herrman Hi Kathy: We would like to request a thirty (30) day extension on this one please. The Herrmans did want me to ask though if you anticipate any other items that might lead to a denial decision other than the geotech analysis. In other words, they don't want to do the analysis if the application is ultimately going to be denied on other grounds. If you could let me know your thoughts that would be much appreciated. Thanks, Julie Please note new e-mail address: jhanson@,belt-law. corn Julie S. Hanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945-8659 Fax: (970) 945-8671 jhansol*Och-law.com www.bch-law.com This message contains information which may be confidential and privileged under the attorney-client privilege, the work product privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete the message. Thank you very much. From: Kathy A. Eastley [mailto:keastley(garfield-county.comj Sent: Wednesday, June 17, 2015 2:11 PM To: Julie Hanson Cc: Fred Jarman; Tamra Allen Subject: RE: Herrman Thanks for the response Julie. I spoke with the Director this morning and a conditional approval is not possible as the application has not demonstrated compliance with section 7-207 F. of the 2013 Land Use and Development Code, as amended. The county is unsure if the applicant will be able to demonstrate compliance with this requirement, particularly given the "no build" designation on the original plat. Both the designated no -build area and the lack of demonstration required by 7-207 F. are findings for denial. Based upon the above information you have 3 choices — request a continuance in order to provide the necessary documentation to establish the feasibility of development propose; move forward with the submitted application and receive a Director decision of denial (with the possibility of a call-up for CBOCC review); or request the application be withdrawn. Please let me know if you have further questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIE S. HANSON RYAN M. JARVIS BEATTIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81 601 July 30, 2015 Hand Delivered and E-mailed Tamra Allen Planning Manager Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Kevin and Kandy Herrman Application for Plat Amendment (Building Envelope) Tract 2, Tamburello North Exemption Dear Tamra, TELEPHONE (970) 945-8659 FAX (970) 945-8671 This letter follows up the meeting at your office on July 15, 2015, attended by you, Kathy Eastley and Kelly Cave on behalf of Garfield County, Kevin and Kandy Herrruan, Julie Hanson and me. Attached are (1) the proposed Second Amended Final Plat, Tract 2, Tamburello North Exemption, prepared by Bookcliff Survey Services and dated July 24, 2015 (the "Amended Plat"), and (2) HP Geotech's geotechnical review letter dated July 27, 2015 that we received late yesterday. A paper version is being hand delivered to you today, with two 24x36 prints of the Amended Plat, as directed by Kathy. This letter and the attachments are being provided to you per Kathy's email of July 24, in her absence from the office. Mr. and Mrs. Herrman and our firm believe that the Amended Plat and HP Geotech letter fully comply with all applicable County requirements, and the discussions at the meeting. A few comments in this regard: • The North Building Envelope is the same as the 2007 amended plat. The South Building Envelope containing 0.619 acres is the additional building envelope, where Mr. and Mrs. Herrman intend to construct their home. • As shown in the "Slope Analysis" on the Amended Plat, all of the South Building Envelope contains slopes of 19.99% or less. Greater slopes in the vicinity are not included in the building envelope. • Section 7-207 F. of the LUDC requires "a special engineering study to establish the feasibility of development proposed for the site," for building lots with 20% or greater slope. As noted, the South Building Envelope contains no slopes 20% or greater. July 30, 2015 Page 2 of 2 However, the geotechnical evaluation by HP Geotech is submitted to provide assurance that the parts of the South Building Envelope that were a part of the no development area on the original 2003 plat, are in fact buildable. The HP letter specifically so confirms. • Consistent with our discussions, Plat Note 5 states in part, "Slopes exceeding 20% and all areas not included in building envelopes shall be restricted from development." As you know from conversations at the meeting, Mr. and Mrs. Herrman greatly hope to be able to begin construction of their home as soon as possible. It appears that all questions have been answered and all requirements have been met. Substantial County review has already been given to this project. Mr. and Mrs. Herrman and this firm hope that any necessary additional review might be done as expeditiously as possible, and that the Director's approving decision might be issued even prior to the continuance date of August 17, 2015. Please let me know if there are any questions. Mr. and Mrs. Heilman and our firm would like to work with your office in any way possible to facilitate Community Development's favorable action. Very s ly yours, Steven M. Beattie SMB/jg Cc: Fred Jarman Kathy Eastley Kelly Cave Kevin and Kandy Herrman Julie Hanson July 27, 2015 Kevin Herrman 0250 County Road 127, #19 Glenwood Springs, Colorado 81601 Job No. 115 333A Subject: Geotechnical Review of Slope Conditions, Proposed Residence, Tract 2, Tamburello North Exemption, Deer Trail, Garfield County, Colorado Dear Kevin: As requested, the undersigned representative of Hepworth-Pawlak Geotechnical, Inc. observed the slope conditions at the subject site on July 20, 2015 to evaluate the soils exposed for foundation support. The findings of our observations and recommendations for the preliminary site development design are presented in this report. The services were performed in accordance with our agreement for professional engineering services to you, dated. July 20, 2015. Proposed Construction: A single family house is proposed in the south central to southeast portion of the building envelope shown on the Second Amended Final Plat, dated July 24, 2015, by Bookcliff Survey Services, Inc. This envelope is south of the existing driveway which crosses Tract 2. Site Description: The site is located on a small mesa elevated about 200 feet above the west end of Cactus Valley, north of County Road 210 and west of County Road 223. The mesa consists of hard Wasatch Formation sandstone, siltstone and claystone which has relatively flat bedding. The sides of the mesa are relatively steep with some near vertical cliff exposures. There appears to be very little soil overlying the bedrock in the proposed building envelope. Some fill has been placed for two rough graded driveways into the site outside of the northeast and northwest corners of the building envelope. Vegetation in the building area consists of weed and scattered sage and rabbit brush. There are scattered juniper trees on the upper, northern part of the lot. A very steep slope is located south of the southern building envelope boundary. Slope Analysis: The above referenced drawing includes a slope analysis which indicates that the entire building envelope is less than 20% grade. The proposed 2,500 square foot residence and detached 1,200 square foot garage are located entirely in areas with less Kevin Herrman July 27, 2015 Page 2 than 20% slopes. No evidence of slope instability, such as ground cracks, slumps, seeps or distressed vegetation was observed in the building envelope. Conclusions: We do not expect the proposed development to have any significant impact on the slope stability at this site. Bedrock is shallow and excavation for the foundation' is expected to be relatively minor. The small, steeper slopes associated with previously placed fill can be flattened or retained if needed. Embankment fills should be compacted to at .least 95% of the maximum Proctor density at a moisture content near optimum. We recommend that embankment fill slopes should have a maximum grade of 2 Horizontal to 1 Vertical. Foundations should be set back at least 10 feet from the top of the very steep slope on the south side of the building envelope and verified at the time of construction. The recommendations submitted in this letter are based on our observation of the site and do not include subsurface exploration to evaluate the subsurface conditions within the loaded depth of foundation influence. This study is based on the assumption that soils beneath tl.ie footings have equal or better support than those exposed. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAK GEOTECHNICAL, .INC. LicL i q�, a 2 Daniel E. Hardin, P.E.. ; 4 443 Rev. by: SLP `!'�;'F'1SS�--N__ALr�'�� . `O DEH/ksw Job No, 115 333A Gtech F iii 211:::1116€11€ orq •saanr.raq A.ra.en JJTI3xoos .iVld 1VNId 030N3WV 0NO3 S O nl L -1-4U WC/) oa w "g: ."45 10 1 \ co _1 r21 z C3 0 (13 tX) 7 a/n 0 c 003002 a 67..16 I 1091.8 03'SONI81dS 000MN310 814 'L 1Z 0Voa AtNno0 Ogg NVWaa3H AONVN [INV NIA3N NOLLM3%3 NISON anamenvi Z 1]Y!ll of 6 8 ryas r 1 1 1, 9 eo 31)' C G m .56 ICS M. r.6r.2011 ti 8 5t! 9 EXHIBIT � ti 8 08 ya MOUNTAIN CROSS ENGINEERING, INC. July 31, 2015 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil and Environmental Consulting and Design RE: Review of the Tamburello North, Tract 2, Amended Plat: FPAA-8300 Dear Kathy: This office has performed a review of the documents provided for the Amended Final Plat application for Tamburello North, Tract 2. The submittal was found to be thorough and well organized. The following comment was generated: • There were two draft versions of the Amended Final Plat that were submitted; each had a different slope analysis of the proposed south building envelope. The Plat with the revision date of 5/15/15 appears to show a small portion of slopes 25% or greater within the envelope. The Plat with the revision date of 7/24/15 does not. The Applicant should explain the discrepancy between the two. Feel free to call if you have any questions or comments. Sincerely, Mount. in Cross Engi eeri • Inc. Chris Hale, PE 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com