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HomeMy WebLinkAbout1.0 ApplicationNa.nnq.rrvr EXpT,ANATION SUppOnUNG THE RpQUTST FOR AppnovAl oF TnB TmnO P.q.nrrA.I- AVTBNUnD AND BOUNn'Lny COnnnCTION Pf'lf On RANCTT AT ROARING FORK PrrA.SN III CONTMON RNCNNA'TIONAL RTSNNVT AnraANDCorrvr.q.NR,q.NcHNonrrrPaRcnr This Application is submitted on behalf of The Ranch at Roaring Fork Homeowners Association to amend the Final Plat of what is known as the common Recreational Reserve Area of rhe Ranch at Roaring Fork. The common Recreational Reserve of rhe Ranch at Roaring Fork is the platted open space within The Ranch at Roaring Fork' The purpose of this Application is to allow The Ranch at Roanng Fork to exchange parcels of real property with Rex and Jo Ann Coffman, the owners of prop#V to the so"ttr, so that the common property line between the owners *itt U. the centerline of the Roaring Fork River. Under current conditions' The Ranch at Roaring Fork owns prop*y which lies sorith of the River and is inaccessible to the Ranch and the coffrnan's own property north of the River which is inaccessible to them' For several years the Ranch and the coffrnan's have discussed exchanging properties as necessary to make the centerline of the River their common property boundary' These discussions culminated in the Agreement for Exchange of Real Property which is included within the APPlication. Because the parcels of real property that the Ranch will convey to Coffman are now part of the platted Common Recreationul it...*., and the parcel that Coffman will convey to the Ranch will be added to the platted Common Recreationul R.r.*", the exchange of real $onertlV contemplated by the Ranch and the coffman's cannot be accomplished through the county's boundary line adjustment procedure. No amended plat for the coffman property is necessary because the property that they will be conveying and receiving is part of a subdivision exemption plat. Thus, from the coffrnan's perspectir", th. "*"hange orproperties may be made through the toundary line adjustment procedure' It is important to note that in accordance with paragtaph 7- of the Agreement for Exchange of Real property, and in accordance with the actuar- deeds now included in the Application, the parcels of property to be exchanged are being conveyed subject to a perpetual deed restriction that will prevent in perpetuity any residential or commercial development upon any of the properties being exchanged' GARFIELD COUNTY BUILDING AND PLANNTNG DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COTNTY) and (hereinafter APPLICANT) agree as follows: 2. APPLICANT understands and agrees that Garfield county Resolution No' 98-09, as amended' establishes a fee schedule for each type oiruuiiririon or land use review applications, and the guidelines for 1. APPLICANT has submitted to COTINTY an app F inal Plat ofRanch at Fork the administration of the fee structure APPLICANT BALCOMB & GREEN'P.C R. Greenr'for Applicant 20 R. Print Name ,lication for (hereinafter, THE PROJECT)' 3. APPLICANT and couNTy agree that be-cause of the size' nature or scope of the proposed project, it is not possible at this time to asJertain the full extent of the costs involved in processing the application. eppf-fCiNf ugr.", to make payment of -the Base Fee' established for the PROJECT' and to thereafter permit additional -costs to ue uiiteo to AppLICANT. A''LICANT agrees to make additional payments upon notifilation Uy 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 uy ttr. Board of county commissioners for the consideration of an application or additional couNTy stafi time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT;;ip"y'additional billings tL cornqrY to reimburse the coLlNTY for the processing ofthe piomcr mentioned uuou". AppLICANf acknowledges that all billing shall be paid prior to the final consideration by the cowrv of any land use permit, ,oring amendment, or subdivision plan. Mailing Address: Balcomb & Green' P'C' Page 4 at F ,/n AcnnnMENT FOR EXCUAXGE OF Rpal Pnopnnrv THIS AGREEMENT FOR EXCHANGE OF REAL PROPERTY ("Agreement") is made this - clay of September ,2005,9V u'a letwgen.fHE RANCH AT ROARING FORI( HOMEOWNERS ASSOCIAffOni, INC' (the "Ranch Association") and REX AND JOANNE COFFMAN (collectively, "CofTtnan")' Rrctrals ACRgNNNENT A. Ranch Association is the owner of certain real prop-erty located primarily in Sections 35 and 36, Township 7 south, Ranch 88 West of the 6h P'M'' Garfield county' colorado, which is platted as the common Recreation Reserve of rhe Ranch at Roaring Fork ("Ranch Association ProPerlY"). B. The significant majority of the Ranch Association Property is located north of the Roaring Fork River; however, two parcels of the Ranch Association Property lie south of the Roaring Fork River. The two parceis of the Ranch Association Property which lie south of the nourrn[ Fork River shall be refined to as the "Ranch Exchange Parcels'" C. Coflman is the owner of certain real property (the "Coflrnpj-t9p"tty") primarily located in Sections 36 and 31, Township 7 South, Range 88 West of the 6*'r'M' D. 1he signiticant majority of the Coft'man Property is located south of the Roaring Fork River; however, one parcel of the Coffman Property iies north of the Roaring Fork River' The parcel of coffman Properly lying north of the Roaring Fork River shall be refeffed to as the "Cofftnan Exchange Parcel." E. The parties desire to convey and exchange the Ranch Exchange Parcels for the Coffinan Exchange Parcel upon the terms and conditions set forth in this Agfeement' NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants contained herein, the parties hereto agree as follows: l. Further Description of Exchange Parcels. Attached hereto as Figure I is3 sketch which depicts the approximate current b"r"d"ty t*. between the Ranch Association Property and the coffman p.Ip".ty in the area which is the subject of this Agreement. Attached hereto as Figure 2 is anothei slltcf, which (i) i<tentifies tht Ranch Exchange Parcels as Parcel I' containing approxima tely 2 I acres and Parcel 2, containing approximately 2l acres; and (ii) identifies the Coffman Exchange Paroel as Parcel 3, containing approximatety 5'3 acres' 2. Exchange of Propert.v. Subject to the t:Tt and conditions hereinafter set forth' Ranch Association shail convey parcels l and 2 to coffrnan and Cofhnan shall convey Parcel 3 Agreement Jor l,xclwnge oJ' Real Property 'l'ho Flnteh at ITwrino []nJl' lln-onutttott I<tritlirttt ln'- iReY 'tnt! Jrwnao C"$fmnn Prro,, I nl .l to Ranch Association. Title to the properties to be exchanged (collectively, the "Exchange Properties") shall be conveyed by-general warranty deed free and clear of any lien or encumbrance, except tbr any i"rmitieO pxception as described in paragraph 4. below' and except for the other Restrictions described in paiagraph 7 belorv No money shall be exchanged between the parties in connection with tfre exchange of real propeffy, as the parties hereby agree that because of the mutual benefits of consolidating their respective propertl ownership on a single side of the Roaring Fork River, and the other matters set forth herein' the Exchange properties are of equal value. This transaction is intended by the parties and-shall be structured as a tax deferred exchange under Section l03l of the united States lnternal Revenue Code, and the parties agree to cooperate with each other, including the execution of any additional documents reasonably necessary, to effect this result' 3. Survey of the Exchange Properties. No later than ten (10) days from the mutual executionofthisnmissionasurveyandthecreationoflegal descriptions for eacf, of the Exchange Properties, so that, after the exchange, the common boundary between the Ranch Association 'Property and the coffman Property shall be the centerline of the Roaring Fork River. coffman ugr.ir that he shafl pay all costs associated with surveying and creating t[e legal descriptions for each of the Exchange Properties' 4. Title Commitment. Upon completion of the surveys as provided above' each party, at its own "*p"il, ttutt order, from t,and fitte Guarantee Company, Glenwood Springs' Colorado, a title commifinent and subsequent policy of title insurance for the Exchange Property now owned by it which is to be .onu.yrd to tire otirer party as provided in this Agreement' fot purposes of valuing the title insurance only, the pufti;_t ag.e. thal the value of their respective Exchange eroperry- is $50,000.00. Each party tttutt ttu* a period of ten (10) days from its -receipt -of tn"'title commitment for the property it is to acquire under this Agreement to investigate and provide the other party wrth'wri-tten notice of objection to any adverse- title conditions disclosed by the title cbmmitment. The party receiving any such notice of title objection shall have a p..ioo of ten (10) days from receipt of any such notice to either (i) cure the objectionable title .on,lition; or (ii) a.tuise the other partl [hat he cannot or will not cure the objectionable tifle condition. If a party advises the otirer- that he cannot or will not cure a title objection, then the objecting purty rnui either terminate this Agreement b1 delivering notice of termination to the other pariy'wiitrin *r"n (.7) days of receipt of such notice that the objection will not be cured, or elect to waive such objection and procled with this transaction' All title cond.itions disclosed by the title commitment which are not objected to, or if objected to are subsequently waived, shall be deemed Permitted Exceptions. 5. Garfield Countv Land Llse Approval. Because Parcels I and 2 are presently part of the platted Cornfin R""r*tio*l ReserG of The Ranch at Roaring Fork, and because the Ranch Association wants to add parcel 3 to its Common Recreational Reserve, the exchange of real property contemplated by this Agreement cannot_occur without Garf,reld County's prior approval of an amended tinal plat of ttt" Ranch at Roaring Fork's Common Recreatlonal Reserve. Forthwith upon ,"."ipt of the surveys described in putograph 3 above, Ranch Association shall, at its expense, and with all due diligence, cause the performance of all legal, engineering and other work necessary to obtain Garheid County's approval of such an atnended final plat. In the event that Ranch Association is not able to obtain Garfield county's approval AgreementJbr Exchange oJ Real Property .Iho Flanrb al Llmritxt [inrl, llnnunutnort A acru'i,ttinn lnr' /lL,v nni frnnno ('tr(fmnn Pnoo ) nlt of such an amended finat plat within one hundred twenty (120) days of making application therefor, Ranch Association shall have the right to terminate this Agreement. 6. Closing. Closing of the Exchange Properties shall occur at the offices of Land Title Guarant"" Cor6"ny,.Glen-wood Springs, Colorado, no later than ten (10) days after receipt from Garfield Couniy of it* approval of ihe amended final plat described in the preceding paragraph. At closini, the parties shall execute and deliver to the other party, the deeds for the h*cnlange properties! provided herein, plus such other_boundary line adjustment affidavits, plats, oiother documenti which may be riquired by Garfreld County to effect the exchange of ieal properties contemplated in this Agreement. Fees for real estate closing services shall be divided equally between the parties' 7. Other Restrictions Upon Exchange Prope(ies. All of the Exchange Properties shall be corr"y"d *bi."t to7p".p"t*t l"ed restriction, conservation easement, or other mutually acceptable michanism it ui *itt prevent in perpetuity any t t]{:X1rll or commercial development upon any of the Exchange Pioperties. No iater tian ien 1f O)frfi6r to-Closing the parties'shalt e*cfrange the proposea deeAs of .on eyunce to make sure that the deed restriction, conservation easemlnt, or other mechanism, is acceptable to the party to whom the restricted property will be conveyed. In addition to the foregoing, Ranch Association shall convey Parcels I and 2 to Coffman, reserving to the members of the Ranch Association' lhlil guests !p invitees, a perpetual, private fishing easement, which easement shall be twenty (20) feet {ie#the ordinary high water line of the Roaring Fork River upon said Parcels I and 2' 8. Time of Essence. Default and Remedies. Time is of the essence of this Agreement. :ftre faiture by any party to perfonn any obligations set forth herein shall constitute a iefault by that party of it is agr.i..ri. h the event of any default, the non-defaulting party shall be entitled to (ii terminate ihis Agreement and recover such damages as may be properigr (ii) treat this Agreement as being in full and force and effect and have the right to specihc performance, dJmages, or both. in the event of any litigation arising out of or relating to this igreement, the parti that substantially prevails in such litigation shnll be entitled 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 at Roaring Fork Homeowners Association, Inc. hereby represents to Coffman that the within transaction has been approved and authorized by the necessary majority of the members of such Association, and that no further vote of the members of the Association will be required in order to consummate the within transaction. b. All notices require<l herein shall be tendered by personal service or certified mail upon the fbllowing individuals or agents of'the parties to this Agreement: To Ranch Association: n"m*#,Roaring Fork Homeowners Association, Inc. l49l3llighwaY 82 Carbondale, CO 81623 \. c-l.\,w Ie- Abov <uk' AgyeementJbr Exchange oJ Real Property 'lho Rnrr.h at Rmrino linilt Hnmonutuora A<,crvintion lar illlov natt Imnao (1nffa""Pnoo 7 a(.1 with copy to: Mr' L,awrence R. (heen, Esq' Balcomb & Green' P.C. P.O. Drawer 790 Glenwood SPrings CO 81602 Notice to Coffinan: Rex and Joanne Coffrnan i'#":::H8'*,?,T"o c. E.xcept as otherwise expressly provided in this Agreement, each party hereto shall pay its ;wn legal and otheicosts incurred in connection with the negotiation and implem.ntution of thiJAgreement and the transaction contemplated hereby. d. This Agreement constitutes the entire agreement between the parties with respect to the subject iratter hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement No subsequent rnodification of any of the terms of this Agreement shall be valid, binding upon the parties, or enforceable, unless made in writrng and signed by the parties' e. This Agreement and all disputes arising hereunder shall be governed by and construed in accirdance with the laws of the State of Colorado as applicable to Colorado residents who sign a contract in this state for property located in Colorado' f. This Agreement may be executed in one or more counterparts, and all of such counterparts, takln together, shall be deemed to be a full and complete Agreement between tha parties. Sig-natures delivered by facsimile shall be deemed original signatures for all pwposes. IN WITNESS WIIEREOF, the parties have signed this Agreement the day and year first written above. THE RANCII AT ROARING FORK IIOMEOWNERS ASSOCIATION' INC. )By Name: Title: G Cu"{+^. \r,-- ( 14 .Co t("tAJ Yt lt'u Coffman*1.-^, fru*- C,0 .' F t' r.rr A n-z Agreement Jbr f'xchange oJ'Ileal Property 'lho l?nn.h nt Flmtino f)'nrlt l{amonutnor<, /t,tu,irttinn f nn iQlov nntt hvtnn,' (-nffmnn ,t1-) Prr<rr, .l n{ I GENERAL WARRANTY DEED -r_rE RANCH AT RoARING FORK HoMEowNERs AssocrA'aoN, INc.. a colorad. non-profit comoration. Granror, ;;;. ;il;.rs is l49l , ntri** *2' carbondale' c"i"t"at 81623 ' for'the consideration of ten Douars (Sl0 00) and other Bood and-valu"iif"ontia"'anon' in hani p'A ntt"uv tetls and conveys to the REX ALLEN .,FFMAN *eiocoi,LE rRusr_an;;;li;A*u c corrpinN REvocABLE'r-Rusr. asrenanrsrn comnon. Grantees, *t-"r.-.aa*ss rs 1837-Co;"y Ii;;J 100, carboniurt' colotuao' 81623' the followrng real ;;"rertflt the Countv of Garfield' State of Colorado: See Exhibit A attached hereto and incorporated herein by this reference' Reserving to the Grantor and the menrbers of the Grantor,_their guests and invitees, upon the property herein conveyed, a perpetual, privare fishing ";;;;; *t'ry (20) ft;;;;;e the ordinary high water 1ne of the Roaring Fork River The ProPertY ts conveYed together with all its aPPurtenances'Grantor warrants the title to the ProPertY excePt for real ProPerty taxes for 2007 and subsequent Years'not Yet due and PaYable,subjec t to all rnatters on exniUit B attached hereto and incorPorated herein bY this reference'subject further to a perPetual covenant and and which Prohibi ts in perPetuitY any residential or commercial develoPment uPon the proPertY herein restriction This deed restriction prohibiting develoPment on the subject ProPerty maY be sPec ifically enforced bY conveYed. the Grantor'or its successors or asslgns The Grantor shall and will WARRANT AND FOREVER of the Grantees'their successors DEFEND the above bargained premises in the and assigrr.s, against all and every Person or quret and peaceable Possesston claim the whole or any Part thereof' Persons lawfullY claimrng or to IN WITNESS WHEREOF' Grantor has executed the withrn Deed this 'Auror A o.' \ I THE RAI\ICH AT ROARING FORK TTON,MbMERS ASSOCIATION' INC'' 2008 STATE O /a Colorado non-Profi t corPoratlon By:.,']-r' Name ./'>, Title ? --a L'{ L ) COLJ'NTY 2008, Association' lnc., a Co non-Profit Witness mY hand and official seal. My commtsston My address is: )ss umenl bed ap? ( sworn of L,(at fot '1ot' / ' Uo a I ( ( Notary Publrc Lr,r,r,rRt,,tt 1l 1., , l ,t ( '(r l'l l, () l)r ,trLr ,^l r,i,'r.,,,,,,1',t,r,,{\ ( o r,rrrl l-it ttrrttI ll'ttrrtrtIt' D''tI flteRtttrthu!Rortringl''ttrkl'lrtntcrtu'nersAssttt'itttittn'lnc'i('o'lfintn l'oge I of I .t a l.'i, a EXHIBIT A PARCEL 1 PROPERTY DESCRIPTICN A parcel of rand being a porlton of ihat property rJescrrbed ls rlornrnon Rer;reallon tleserve Area lccording to the Seconrl Partial Amen6ed and Boundary Correction Plat Ranch at Roarirtg Fork Ph,lse lll Crrnlmon Recreational Resenre aril Homestead Pcserue recorded as reception number 5930i9 of rJre Garfield Cotrnty i'eccrds, stid Prtrcel of land ['erng sttuated in Seclion 36, Township 7 Soulh, Range 88 West of the Sixth Fnncipal l,leridian an,J is rncre parlrcularly described as loilclvs: Commencing at the Northeast C,Jrner uf Governrrrenl Lot li of srlid Seclru.n 36, a iound Br,lss cap rn place; thence N.i'l"07'51"W a distance of 3,779,66 feel to a point on the Southerly hounrlary of said Comrnon Recteation Reserue Area, said pointbeing TilE POINT CF BEGINNING; thence leavrng sard Soulherly bountlary N 00'10'33'W., a oistance of 1 1 1 96 feet, rnore or less to the centerline of the Roaring Fork River; thence the following lhree (3) ccurses along the centerline of said Roaring Fo* River: 1 . N.62'00'00'E., a distance of 331 78 feel; 2. a distance of 307. 18 feet along lhe arc of a curve to the right having a radius of 220.00 feet and a cenlral angle of 80'00'00', chotd bears S.78"00'00'8., a dtstance of 282.83 feet: 3. S.38'00'00'E., a distance of 250.00 feet to a poinl on lhe Southerly boundarT of said Common Rectcation Reservs Area; thence 5.89'03'22'W. along said Southerly boundary, a distance ot 723 26 feet to THE POINT OF BEGINNING. Sald parcel of land containing 3.310 acres, more or less. TOGETHER WITH PARCEL 2 PROPERTY OESCRIPTION A Parcel of land being a portion of that property described as Common Recreation Reserve Area, according to the Second Partd Amended and Boundary Conecfon Plat Ranch at Roaring Fork Phase lll Common Recreational Reserve cnd Homeslead Reserve recorded as recepllon number 593079 of lhe Garfield County records, said Parcel of land being sihrated in Section 36, Township 7 South, Range 88 West of the Sixth Principal Meridian and is more parlicularly described as follows: Commencing at the Norlheast Comer Government Lot 17 of said Section 36 a found Brass cap in place; lhence N.67'365$W' a distance of 2,371.30 feet to a point being the intsrsection of lhe southerly boundary of said Common Recreation Reserve Arca and lhe centerlino of lhe Roaring Fork River, said point lleing THE POINT 0F BEGINNING; thence the following eleven (11) @urse! along hs centerllne of sald Roaring Fork River l. a distance of 208,93 feet along the arc of a non-tangent curve to the right having a radius of 300,00 feet and a cenlral angle of 39"54'1t, chord bears S.79'57'06'E., a distance of 2A4.74 feet; 2 5.60"00'00'8., a distance of 230.00 feet 3. S.48'00'00"E., a distance of 300.00 feet 4, S.60'00'00'E., a dislance of 285.00 feel; 5. S 33'00'00'E , a distance of i80.00 feet 6, 5.60'00'00'8., a dislance of 101.21 feal:7. adistance of 69.81 feet along the arc of a curve lo the lefi having a radlus of 100,00 feet and a central angle ol40'00'00', chord bears S.80'00'00"E., a distance of 68 40 feet; 8. N.80'00'00'E., a distance 0185.00 feet; 9' N.60'00'00'8., a distance of 220,00 feet; 10. a dlstance ol247.M feet along the arc of a curve to the right having a radius of 400.00 fu'el and a central angle ot 35'3000r, chord bears N.77'45'00'E., a distance of 243.89 feet; 1 l. S.84"30'00'E , a dislance of 175.26 feet, to a pointon lhe Soulherly boundary of said Common Recrealion Reserve Area; thence along said Southerly boundary the following four (4)courses: 1. S 00'29'14'E., a distance of 365,07 feet 2. S 88'31'40'W., a distance ol 1,804.94 teel', 3. N.O0'26'40'W., a dislance of 602.39 feet; 4, N 00'4 5'20\N,, o distance of 356.78 feet to THE POINT 0F BEGINNING, Said parcel of land containing 21 683 acres, more or less, GENERAL WARRANTY DEED Itllx AI-I-EN COFFMAN REVOCABLE 'IRUS'| and JOANN G. C'OFFMAN ITEVO('ABI-E Il{tjs-f, (irantors, rvhose address is 1837 County Road 100, Carbondale, Colorado 81(r23, fbr thc considcration of 'l'en Dollars ($ 10.00) and other good and valuable consideration, in hand paid, hereby se lls and conveys to'fHE RANCH A'I ROARING FORK HOMEOWNERS ASSOCIA'tlON, INC., a C'olorado non-protit corporation, Grantee, whose address is 14913 Highway 82, Carbondale, Colorado,81623, the lirllorving real property in the County of Gartield, State of Colorado: ' Sec tixhibrt A attached hereto and incorporated herein by this ref-erence. rvith all its appurlenances, and warrants the trtle to the same except tbr real property taxes for 2007 and subsecluent years, not yet due and payable, subject to all matters on Exhibit B attached hereto and incorporated hcrein by this reference, and subject further to a perpetual covenant and restriction which prohibits in perpetuity any residential or commercral development upon the property herein conveyed. This deed restriction prohibiting development on the subject property may be specifically enforced by the Grantors, or their heirs, successors or assigns. The Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession ofthe Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantors have executed the within Deed this 9Ut4 day of 2008 REX COFFMAN REVOCABLE TRUST By:a-/L Rex Allen Coffman, JOA G. COFFMAN REVOCABLE TRUST JoAnn G. Coffman, STATE OF COLORADO COUNTY OF GARFIELD The above and foregoing document was subscribed and swom before me this Ad! day of Ji\ol}, 2008. by Rex Allen Cof'fman as Trustee for the Rex Allen Coffman Revocable Trust and JoAnn G. Cof-fman as Trustee for the JoAnn G. Cof-fman Revocable Trust Witness my hand and official seal NIy conrnrission exp lre My addrcss is Noturv l)trlllrc By: SS ) ) ) tlr (.),' ttt,t rt I lLltrrtt n t.,, [ )t'r'rl ('off ttrqttt/'['hc Rttttt'h ul Rcturing l"-ork lloncoyvners Al.socittliotr ll,LlL,,r,.{r,l (,r(, r l' ( l'() I)ril\vrr 7rr) ( jlcnq Lx)d S,x ilrtss, ( O i l r,i) Poge I o/ I P a).' EXHIBIT A PARCEL 3 PROPERTY DESCRIPTION A Parcel of land being a portion of that property described as Parcel A lRemainder Parcel) according to the Coffrnan Ranch Suhdivision Exemption llorth Parcel Plat recorded as receplion number 000000 of the Garfeld County records, said Parcel of land being situated in Section 36, Township 7 Soulh, Range 88 $/est of lhe Sixth Principal Meridian and is more particularly described as follows: Commencing at the Northeast Corner Govemment Lot 17 of said Secllon 36, a found Brass cap in place; thence N,60'2913'W. a distance o12,524.73 feet to a point on the Norlherly boundary of said Parcel A, said poinl being THE POINT 0F BEGINNING; Thence along said Northerly boundary S.00"45'20"E., a distance of 340.75 feet, more or less to a point on the cenlerline of the Roaring Fork River; thence lhe following four (4) courses along the centerline of said Roaring Fork River: 1, a distance of 52,87 feet along the arc of a non tangent curve to the left having a radius of 300,00 feet and a central angle of 10"05'48', chord bears S.75'02'54'W., a distance of 52.80 feet; 2. S.70'00'00'W., a distance of 230.00 feet; 3. a dlstance of 353.43 feet along the arc of a curve lo the right having a radius of 225.00 feet and a central angle of 90'00'0O, chord bears N.65'Q0'00"W., a distance of 318.20 fe.et; 4. N.20"00'00"W., a distance ot307.63 feet to a point on the Norlherly boundary of said Parcel A; lhence along said Norhedy boundary N.89'03'22"E., a distance 01162.12 feel; Ihence continuing along said Northerly boundary N.89'12'48'E., a distancs ot 494.20 feet to THE POINT OF BEGINNING. Said parcel of land containing 5.398 acres, more or less. EDWARD MULHALL, JR. ScorT BALcoMB LAWRENCE R. GREEN TrMorHy A. THULSoN DAVID C. HALLFoRD CHRrsropHER L. CoyLE THOMAS J. HARTERT CHRrsropHER L. GEIGER SARA M. DUNN DANIEL C. WENNoGLE Scorr GRosscup CHAD J, LEE VIA HAND DELIVERY TO BArrcoMB & Gnrcrcx, p.C. ATTORNEYS AT I/A\A/ P. o. DRAWER 79o 818 COI,ORADO A\IEAIIIE GLEN.IVOOD SPRTNGS, COTJORADO a16O2 Telephone: 970.945.6546 Facsimile: 970.945.9769 \IW.balcomboreen.com July 24,2008 KENNETH BALCoMB ( I 920-2005) OF CouNsEL: JoHN A. THULSoN David Pesnichak, Senior Planner Garfield County Building and Planning Department 108 8"'Street, Suite 401 Glenwood Springs, CO 81601 Re: Ranch at Roaring ForllCoffman Dear David As you are aware, on September 4,2007 the Board of County Commissioners approved a request for a Third Partial Amended and Boundary Correction Plat of Ranch at Roaring Fork Phase III Common Recreational Reserve Area and Coffman Ranch North Parcel. However, due to circumstances beyond our control, we were unable to obtain all the necessary signatures on the plat and record it prior to the date the Board's approval lapsed. We are therefoie resubmitting the Application in hopes to again obtain the Board's approval of our request. As you will recall, the purpose of the Application is to allow the Ranch at Roaring Fork to exchange parcels of real property with Rex and JoAnn Coffman, the owners of property to the south, so that the common property line between the owners will be the centerline of the Roaring Fork River. Therefore, this Application is being submitted in accordance with the requirements of "Procedure 1" as explained in the Garfield County Amended and Corrected Plat Application Information because the proposed Amended Final Plat will not increase the number of subdivision lots or dwelling units, will not result in the maior relocation or addition of any new road, and it involves the relocation of property 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 the attomey for the Applicant, The Ranch at Roaring Fork Homeowners Association. BAr,cora & GREEN, p.C. ATToR]YEYS AT LAw David Pesnichak, Senior Planner July 24,2008 Page 2 2. A letter from The Ranch at Roaring Fork Homeowners Association authorizing me 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 Plat of Ranch at Roaring Fork Phase III Common Recreational Reserve Area and Coffman Ranch North parcel. 4. Agreement for Exchange of Real Property fully executed by The Ranch at Roaring Fork Homeowners Association and Rex A. Coffman and Jo Ann G. Coffman, the owners of the subject real property, reflecting their agreement and consent to the exchange of real property which will occur upon approval of the Amended Final plat. 5' Copies of the actual exchange deeds as signed by the parties. These deeds were signed prior to the time we understood that the September,2007 approval had lapsed. 6. A copy of the proposed Third Partial Amended and Boundary Correction Plat of Ranch at Roaring Fork Phase III Common Recreational Reserve Area and Coffman Ranch North Parcel. As with the deeds, the mylar of this plat was fully executed by the parties prior to the time it was understood that the previous approval had lapsed. 7. A copy of the Coffman Ranch Subdivision Exemption North Parcel Plat. 8. The Agreement for Payment Form which I have signed as attomey for The Ranch at Roaring Fork Homeowners Association. 9. application fee Our check in the amount of $100.00 which we understand to be the required As always, I look forward to working with you to process the within Application. Please do not hesitate to contact me if you have any questions or comments about this Application. Very truly yours, BALCOMB & GREEN, P.C. R LRG/bc Encl.