HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8 21 2 F acsimi le : 970. 38 4.347 O
syllvw, a!:fiq[d1ttuillv.cery]
AMENDED AND CORREGTED PLATS APPLICATION
RE,CEIVEI}
AUG 0 6 2007
....,..: rl . -, i' TOUNTY
-i u iiDi iv G & PLAI.J I{ I NG
GENERAL INFORMATION
(To be completed by the applicant.)
F Street Address / General Location of Property: Located North and South of the
Roaring Fork River; alkla 14913 Highway 82
D Legal Description: Located primarily in Sections 35 and 36, Township 7 South, Range
88 West of the 6th P.M.
) Subdivision Name: The Ranch at Roaring F
F Description of Proposal
Amend the boundary line between the Common Recreational Reserve Area and the
Coffman Ranch North Parcel.
) Name of Propertv Owner (Aoolicant):Ranch at Roaring Fork Homeowners Association
}Address:_14913Highway82-Telephone:963-3500
}City:Carbondale-State:Co-ZipCode:81623-FAX:
F Name of Owner's Representative, if any (Planner, Attornev. etc):
Balcomb & Green, P.C., c/o Lawrence R. Gree
) Address: 818 Colorado Avenue Teleph one: 945-6546
F City: Glenwood Springs_ State: CO_ Zip Code: 81601- FAX: 945-9769-
F Doc. No
F Planner:
STAFF USE ONLY
Date Submitted:
Hearing Date
TC Date:
F Zone District:
Last Revlsed: 11/21/02
1
A.
I. PROGEDURAL IREMENTS
One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
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. lf approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
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 disposalto 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) Schoolfees, 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. lf proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
2
2
1
3
(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 hear:ing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3) The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
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.
lf approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected PIat 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 5:22lFinal Plat Requirementsl 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. lt 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.
ln 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.
!I. APPLICATION SUBMITTAL REQU!REMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A.The following application submittal requirements shall onlv 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
with the application. (see attached fee schedule for amount)
B
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
Narrative explaining why the amended plat is being requested.
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.
Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
1
2
3.
4
4' Names and addresses of owners of record of land immediately adjoining and withintwo hundred feet (200') of the proposed amended plat, mineral owners and lesseesof mineral owners of record of the'property to be a'pari of the amenoeo ftat, anotenants of any structure proposed for conversion.
5' Evidence of the soir types and characteristics of each type.
6' Proof of legal and adequate source of domestic water for each lot created (whichmay consist of proof described in Section 8:42(D) of the Subdivision negutations;,method of sewage disposal, and letter of approval of fire protection planiromappropriate fire district.
7 ' lf connection to a community or municipal water or sewer system is proposed, aletter from the governing body stating a wiilingness to serve.
8' The Applicant shall sign the "Agreement For Payment" form and provide the BaseFee with the apprication. (see attached fee schedule for amount)
9' Provide 2 copies of the Application. Staff will request additional copies once theapplication has been deemed technically complete.
I have read
correct and
BALCOIVB
the statements above and have provided the required attached information which isaccurate to the best of my kn
GREEN, P.C
July
Date
6roo,R. Green, Attorneyfor
5
EowARo MULHALL, JR
Scorr BALcoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
DAvrD C. HALLFoRD
CHRrsropHER L. CoyLE
THoMAS J. HARTERT
CHRrsropHER L. GETGER
SARA M. DUNN
DANIEL C. WENNoGLE
Scorr GRosscup
JoRoAN C. May
BA'r.coMB & Gnrcrcx, p.C.
ATTORNEYS AT I/AW
P. O. DRA\VER,79O
8 18 COIJORADO AITEIiITIE
Gr/ENwooD SpRrNcs, CorroRADo g1 6Op
Telephone: 970.945.6546
Facsimile: 970.945.9769
w.balcomboreen.com
KENNETH BALCoMB
( r 920-2005)
OF CoUNSEL:
JoHN A. THULSoN
August I,2007
VIA HAND DELIVERY TO:
Fred Jarman, Director
Garfie.ld County Building and planning Department
108 8"'Street, Suite 401
Glenwood Springs, CO 81601
Re: Ranch at Roaring Fork/Coffman
Dear Fred:
Per our earlier discussions, I am herewith submitting duplicate copies of an applicationfor a Third Partial Amended and Boundary Correction Plat of Ranch at Roaring Fork phase IIICommon Recreational Reserve Area and Coffman Ranch North parcel. Thii Application isbeing submitted in accordance with the requirements of "Procedure 1" as explained in theGarfield County Amended and Corrected Plat Application Information because the proposedAmended Final Plat will not increase the number oi subdivision lots or dwelling units, will notresult in the major relocation or addition of any new road, and it involves the relocation ofproperty lines between only two adjacent properties.
This Application consists of the following items:
1' An Amended and Corrected Plats Application Form which I have executed as theattorney for the Applicant, The Ranch at Roaring roit ttomeowners Association.
2' A letter from The Ranch at Roaring Fork Homeowners Association authorizingme and this firm to submit and prosecute the within Application for Amended Final plat.
3' A Narrative Explanation supporting the request for approval of the Third partial
Amended and Boundary Correction Pla-t of Ranch ai Roaring^Fork phase III CommonRecreational Reserve Area and coffman Ranch North parcel.
Bar,collB & GREEN, p.C.
ATTORNEYS AT ITAW
Fred Jarman, Director
LRG/bc
Encl.
xc George Doxie (w/out encl.)
Very truly yours,
BALCOMB & GREEN, P.C.
R.
August 1,2007
Page 2
4' Agreement for Exchange of Real Property fully executed by The Ranch atRoaring Fork Homeowners Association and Rex A. Coffman and Jo Ann G. coffrnan, theowners of the subject real property, reflecting their agreement and consent to the exchange ofreal property whicir will occur "po"Lfproval of the Amended Final plat.
5' A copy of the proposed rhird Partial Amended and Boundary Correction plat of
|anch at Roaring Fork Phase III -Common
Recreational Reserve Area and Coffrnan Ranch NorthParcel.
6' A copy of the Coffinan Ranch Subdivision Exemption North parcel plat.
7 ' The Agreement for Payment Form which I have signed as attorney for The Ranchat Roaring Fork Homeowners Association.
8' our check in the amount of $100.00 which we understand to be the requiredapplication fee.
As always, I look forward to working with you to process the within Application. pleasedo not hesitate to contact me if you have any questions or.o.-"nts about this Application.
f
,i,
r! ,o1 ". .i i a..J,
iiii{ 1 I 2007
January 5,2OOT
Garfield Countv Bui
108 8th street, Sr"tlti* and Planning Departrnent
Glenwood Springs, CO g160l
Re:ApplicationforAmended Finar prat of Ranch at Roaring Forh
Dear Madam or Sir:
Very trulyyours,
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION
Title:-/!_)
Ranch at Roaring Fork Homeo,3T Association is th-e o\^mer of the real propertywhich is the subieclof g; Appffi';;; Thi.d;;;;X_"ro"a and Boundary correctionPlat of Ranch at Roaring F;;iPhd [I common n""Turiora nese.ue;"u. By thisapplication the Associu,i* r""t.-i- *"od the b";dr; hne between the commonRecreationar Reserve 4rea ana are dmr- R-; N;d;"*er. Ranch at Roaring rorkHomeowners Association G;;;;;;r", ruiln*fi. ;;, and the firm ofBarcomb &
"1ffi::f,-Tf ilfl,#trJ#,ff1".i^i *p.*;;;,", to submit andprosecute the
ROARIT$G
I
,l
14913 Highway 82 . Carbondate, Cotorado 81623 o (970) 963-3500
NANTT,VN EXPTANATION SUPPORUNG THE RNQUNST FOR APPROVAT, Or,Tnn Tnrnn paRrrar, A**NOBD AND BouNOany ConnncrroN prar orRaucn ar RoanrNc Fonr pnasr rrr covrr-o* RrcnrarroNAl RrsnRvrAnna AND Cor,nvraN naNcr*L*r, paRcnr
This Application is submitted on behalf of The Ranch at Roaring Fork HomeownersAssociation to amend *" ein'or prut of whatt. k ;;; as the c"-.r", n"..eational Reserve Area
of The Ranch ar Roaring;;;k.^'ig 9"--"r-t"".*ri"rrr n.r"*r-irrl, Ranch at Roaring
Fork is the platted "oi" **t wi{rrn ih;^i#;h at.Roaring n;rk The purpose of thisflTlT"ffi ':::#:Tit*HlTffi tr,Exl,i1"",ffi iil,J.,o*,'*ilii;.between the owners wll be ilr. ..rt.rrlne^of ,ir" i;;lrgrork River mmn*rrlrxilj*The Ranch at Roaring r"* "'^t itopr.ty which ti", ,outt,
"r,rr" nirr.-# is inaccessibre to the
Ranch and the corrm"ut "*tffiny north
"rtrr. nir.r which is inaccessibre to them.
i.:.,#',:"#?'.':ffi :li,Hil: H.,ff ff#ffiJrave discussed exchanging propefties as
*1ffi HJffi lili,XT:r"'*'a"##ffi 1.ffi ;.':f fr :;fl:',:XIi':,f :f 'n#;*
Because the parcels of real property that the Ranch wil convey to coffinan are now Darti:iHfl.ilir;ii16"*;*::tffiffi kiru*g,*"m;ilr;;;;;',ilr
;ff r;;iJ1,;1,.1,*ffi "l***xn* fjffi r:,H*#fl-*if.i:;l;#because the p'ope't y tluldt;tlil conveying una i..riuing is part of a subdivision exemptioiil:T;ff ; ,,t"il, l,1:fiffit'jrff:: ""
ti v e, ? e-.*..i"# o r propirti e, - uyr. m ad e rhro u gh the
It is important to note that in
^accordance with paragraph 7 of theAgreement for;fi:?lfi;"T11ii::re
* o#;. orp,op"iivi" u,'...r,,ng.d ,,il u" .*u"y"d subject ro a
;l:i"Il,lffi [t,.[fl.ff i,"'1i"il]'::.,H1ffi ":.*,j*u;r]lffi ,x;: j"#:?.,,f:
_ It is the intention of the parti
ffi :;;ffi ffi *:#il;;;;o:T.,Tf i:,,J1;:,;Tl,Tf.,:r:J,il,:#?ffi;ffi,,:j1,ll;
I
,
with copy to Mr l,awrence R. (ireen. t.sq
Balconrb & Crreen, P.C.
P.O. Drawer 790
Glenl*'ood Springs CO E1602
Notice to Coffinan Rex and Joanne Coffinan
1837 County Roacl,] lO- i i i)
Carbondale, CO 81623
c. E.xcept as othenvise expressly provided in this Agreement, each party
hereto shall pay its own legal and other costs incurrccl in connection with the negotiation
and implementation of this Agreement and the transaction contemplated hereby.
d. This Agreement constitutes the entire agreement between the parties with
respeot to the subject matter hereofi, and any prior agreements pertaining thereto, whether
oral or written, have been merged and integrated into this Agreement. No subsequent
modification of any of the terms of this Agreement shall be valid, binding .rpon tt "parties, or enforceable, unless made in writing and signed by the parties.
e'
. This Agreement and all disputes arising hereunder shall be governed by
and construed in accordance with the laws of the State of Colorado as applicable tL
Colorado residents who sign a contract in this state for property located in Coiorado.
f This Agreement may be executed in one or more counterparts, and all of
such counterparts, taken together, shall be deemed to be a lull and.ornpl.t. Agreement
between the parties. Signatures delivered by facsimile shall be d'eemed-original
signatures for all purDoses.
IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first
written above.
TIIE RANCH AT ROARING FORK
TIOMEOWNERS ASSOCIATION, INC.
By /-
Name:
Title:tt
,"-\
)
\ --i ,{G. (to.({-," \r' -'--
(<-: f (-1,1 rq tv'
, (1,,.,,, il II
0.,ft,.urrr.{rr-
(Ate,
.Ioan Coffman'I,r A r, ,v' ('.,
Agreement.lor l.,xchange ol lleal Properllt
Tho t?anrh at l-?tutrino f,'nt'lr Flnm,,rrutaort /tttv-illinn lnr :lilrrv ntr! Iruttnto ('n*fmntt Pnoe J n{ J
(
a
ACnnBNIENT F.oR ExcuaNGE or.RpaI PnoTERTY
THIS AGREEMENT F'OR EXLIHANGE OF REAL PROPER'IY (-'Agreement") is made
this
-
day of September, 2005, by an<I between THE Rrtil{CH rlT [O,tRtXC FORKHOMEOWNERS ASSOCIATION, INC. (the "Ranch Association") and REX AND
JOANNE COFFMAN (collcctively, "Coffinan',).
Recrrals
A. Ranch Association is the owner of certain real property located primarily in
Sections 35 and 36, Township 7 South, Ranch 88 West of the 6h p.M., Garf-reld County,
Colorado, which is platted as the Common Recreation Reserve of The Ranch at Roaring Foik
(' Ranch Association Property").
B. The significant majority of the Ranch Association Property is located north of the
Roaring Fork River; however, two parcels of the Ranch Association Pioperty lie south of the
Roaring Fork River. The two parcels of the Ranch Association Property which lie south of the
Roaring Fork River shall be referred to as the "Ranch Exchange parcils.,i
C. Co{finan is the owner of certain real property (the "Coffrnan Property") primarily
located in Sections 36 and 31, Township 7 south, Range g&west of the 6,h p.M.
D. The signiticant majority of the Cotl'man Property is locate<l south of the Roaring
Fork River; however, one parcel of the Coffinan Property lies north of the Roaring Fork River]
The parcel of Coffinan Property lying north of the Roaring Fork River shall be refeired to as the"Coffrnan Exchange Parcel."
E. The parties desire to convey and exchange the Ranch Exchange parcels for the
Coffrnan Exchange Parcel upon the terms and conditionsiet forth in this Agreemort.
AcnmvrENT
NOW, 'I'HEREFORE, in consideration of the keeping and performance of the mutual
promises and covenants contained herein, the parties hereto agree as fbllows:
I ' Further Descriotion of Exchange Parcels. Attached hereto as Figure I is a sketch
which depicts the approximate current boundary line between the Ranch Assiciation property
and the Coffman Property in the area which is the subject of this Agreement. Attached hereto asFigure 2 is another sketch which (i) identifies the Ranch Exihange parcels as parcel l,
containing approximately 2 9 acres and Parcel 2, containing approxiriately Zl acres: and (ii)
identities the Cothnan Exchange Parcel as Parcel 3, containing approximately 5.3 acres.
2. Exchange of Property. Subiect to the terms and conditions hereinafter set forth,
Ranch Association shall convey Parcels 1 and2 to Coffman and Coffman shall con!,ev parcel 3
AgreementJor l,,l,xchwrye oJ Rcal l,ropertst
'lho l)ntu"h nt l?rnriuo k'avL Hnmottwttru/t tr c.,tv-i.atintt Inr llow ,ttvl hvtttno ('nlfman Ptroo I af J
I
/
to Ranch Association. Title to the properties to be exchanged (collectively, the "Exchange
Properties") shall be convcycd by gcneral warranty dced frcc and cle'ar of any licn ir
encumbrance, except fbr any Permitted Exception as described in paragraph 4 below, and exceptfor the Other Rcstrictions dcscribed in paragraph 7 bclow No ,in"y shall be exchanged
between the parties in connection with the exchange of real property, as the parties hereby ug-re"that because of the mutual benefits of consolidating their restrrective property olvnership Jn asingle side of the Roaring Fork River, and the other matters set rorttr trereln, the Exihange
Properties are of equal value. This transaction is intended by the parties and shall be structured
as a tax defened exchange under Section l03l of the United States Internal Revenue Code, andthe parties agree to cooperate with each other, including the execution of any additional
documents reasonably necessary, to effect this result.
3. Survey of the Exchanse Properties. No later than ten (10) days from the mutual
execution of this Agreement Coffman shall commission a survey and ttri creation of legal
descriptions for each of the Exchange Properties, so that, atter ihe exchange, the comm-on
boundary between the Ranch Association Property and the Coffman Property shall be the
centerline of the Roaring Fork River. Coffman agrees that he shall pay all costs associated with
surveying and creating the legal descriptions for each of the Exchange properties.
4- fitle Commitment. Upon completion of the surveys as provided above, eachparty, at its own expense, shall order, from Land Title Guarantee Company, Glenwood Springs,
Colorado, a title commitnent and subsequent poticy of title insurance for tir" Exchange nop"fo
now orvned by it which is to be conveyed to the other party as provided in this Agrdment.' foipurposes of valuing the title insuranci only, the parties agree that the value of tteir respective
Exchange Property is $50,000.00. Each party itatt tra"e a period of ten (t0) days fiom itsreceipt of the title commilment for the property it is to aiquire under tiir Agr".ment toinvestigate and provide the other party with wrilten notice of objection to any idverse titleconditions disclosed by the title commitment. The party receiving any such notice of title
objection shall have a period of ten (10) days from receip oiury such-notifu to either (i) cure the
objectionable title condition; or (ii) advise the other party tdt he cannot or will not cure the
objectionable title condition. If a party advises the otirer that he cannot or will not cure a titleobjection, then the objecting party may either terminate this Agreement by delivering notice oftermination to the other party within seven (7) days of receipt-of such rroii." that thJobjectionwill not be cured, or elect to waive such objection and procecd with this transaction. All titleconditions disclosed by the title commitment which are not objected to, or if objected to aresubsequently waived, shall be deemed permitted Exccptions.
5' Garfield Counw Land Use Approval. Because Parcels I and 2 are presently partof the platted Common Recreational Reserve of the Ranch at Roaring Fork, and because the
Ranch Association wants to add Parcel 3 to its Common Recreational Reserve, the exchange ofreal property contemplated by this Agreement cannot occur without Garfielcl County's f,riorapproval of an amended final plat of The Ranch at Roaring Fork's C.ommon RecreationalReserve' Forthwith. upon receipt of the surveys describeJ in pu.ograph 3 above, Ranch
Association shall, at its expense, and with all due diligence, cause tfr" r.fo*ance of all legal,
engineering and other work necessary to obtain carfieid County's approval of suoh an arnencledfinal plat. [n the event that Ranch Association is not able to nbtuin-Go.field County's approval
Agree me ntjbr lixc: hange oJ' Real property
Tho llannh at (lmtino liarlr llnmonutilort y' ccrv-irttitvt fnr ,,l,lpv nttr! Imtttto (,n{fmtrtt Pnoo ) nfJ
I
of such an amended final plat within one hundred twenty (120) days of making application
thercfor, Ranch Association shall havc thc right to tcrminatc this Agrcemcnt.
6. Closine. Closing of thc Exchange Propcrtics shall occur at the officcs of l.and
Title Guarantee Company. Glenwood Springs, C'oloradb, no later than ten ( l0) days alter receiptfrom Gartleld County of its approval of the amended final plat described in the preceding
paragraph. At closing, the parties shall execute and deliver to the other party, the deeds for thi
Exchange Properties as provided herein, plus such other boundary line adjustment affidavits,
plats, or other documents which may be required by Gar[reld County to .fit rt the exchangr oi
real properties contemplated in this Agreement. F'ees for real estatl closing services shall be
divided equally between the parties.
7. Other Rqstrictions Uoon Exchanqe Properties. All of the Exchange properties
shall be conveyed subject to a perpetual deed restnttior, conservation easement, or other
mutually acceptable mechanism that will prevent in peryetui ty any resideqtial or comrnercial
development upon any of the Exchange Properties. No iater tian ien (1g)tfidr to closing the
parties shall exchange the proposed deeds of conveyance to make sure that ihe deed restrijion,
conservation easement, or other mechanism, is acceptable to the party to whom the restricted
property will be conveyed. In addition to the foregoing, Ranch Assbciition shall convey parcels
1 and 2 to Coffman, reserving to the members of the Ranch Association, their guests and
invitees, a perpetual, private fishing easement, which easement shall be twenty (201f.Itfr"*lfi
ordinary high water line of the Roaring Fork River upon said parcels I and2.
8. Time of Essence. Default and Remedies. Time is of the essence of thisAgreement. The failure by any party to perform any obligations set forth herein shall constitute
a default by that party of this Agreement. In the event oi any default, the non-6efaulting party
shall be entitled to (i) terminate this Agreemort and recover such damages as may be p.o-p"r; -(ii)
-treat this Agreement as being in full and force and effect and hive the right to siecificperformance, damages, or both. In the event of any litigation arising out of or ielatingio this
Agreement, the party that substantially prevails in such liiigation shall-be entitlerJ to an award of
its attorneys fees incurred in connection with such litigation.
9. Miscellaneous.
a- By his signature hereon, the undersigned President of The Ranch atRoaring Fork Homeowners Association, Inc. hereby represents to Coffman that thewithin transaction has been approved and authorized by ihe n.c"rrary majority of the
members of such Association, and that no further vote of the members ,f m" Ar*ciationwill be required in order to consummate the within transaction.
b. All notices rcquircd herein shall be tendered by personal scrvice or
certified mail upon the fbllowing individuals or agents of the partiis to this Agreement:
\,
'''t^P
f1u r.l-
Abot <
01,/
To Ranch Association The Ranch at Roaring Fork Homeowners Association, Inc.
c/o Tom Neel
l49l3IIighway 82
Carbondalc. CO 81623
Agreement Jitr Exchange ol lleal Property'lho lJan.h nt lltwrino Frvb Hnmottwtttpvt, / c(.tl,irrtittn f nt, .ir?rrv ,1rrr1 lruttttto ('ttfhntt Pncro ? nl'J
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARIIELD COLTNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Ranch at Roarins F Homeowners Association
1. APPLICANT has submitted to COLINTY an application for
Amended Final Plat of Ranch at Roarins Fork (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 COLINTY 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 COLTNTY 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 COLINTY to reimburse the COLTNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COLINTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
BALCOMB , P.C.
R.Applicant
Date:-2007
Lawrence R. Green
Print Name
Mailing Address: Balcomb & Green. P.C.
P.O. Drawer 790
Julv /
Glenwood Sprinqs, CO 81602
Page 4