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HomeMy WebLinkAbout1.0 Application4K HOCK FAMILY 0040 Apache Drive New Castle, CO 81647 970 984 0409 kochs4 © earthliak.net March 6, 2001 Ms. Cathi Edinger Planning Tech Garfield County Building & Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RECEIVED MAR 0 7 2001 Re: Lots 7, 8 and 9, Block 7 Elk Creek Subdivision Dear Ms. Edinger: Thank you for your letter of February 28 regarding the replat of Lots 7, 8 and 9, Block 7 of Elk Creek Subdivision. Issue #1: Increase in size to Lot 7. When the previous owners remodeled the existing residence they did not take into consideration the lot line adjoining the three lots. At present the corner of the master bedroom now sits on all three lots. The increase in size makes allowance for the residence to sit entirely on Lot 7 with appropriate setbacks. (drawing enclosed). Issue #2: Reduced size of combined Lots 8 and 9, to be known as Parcel B. We are aware this does reduce the size of Parcel B. However as individual lots there is no chance whatsoever to obtain a building envelope on either property. We continue to pay homeowner dues based on the three lots, two of which are vacant land. By accomplishing this replat we will be able to reduce the homeowner dues on this vacant land. Issue #3: Homeowner Association approval. On January 16, 2001 the Elk Creek Homeowners Association granted a quitclaim deed vacating a utility easement created by restrictive covenants adopted in June 1965. We discussed the goal to combine the :lots at that time and they, therefore, granted the quitclaim deed. (copy enclosed) This was obtained at the request of Sam Phelps, the surveyor. Although we have no immediate plans for Parcel B, we have listed the residence on Lot 7 (Parcel A) for sale. We have incurred considerable expense between surveying, attorney fees and time involved to resolve this matter, which should have been completed prior to our purchase of the property in 1993. We respectfully request your attention to resolving the matter in order that the residence will rest on one parcel of land rather than all three lots. Sincerely, Richard E. and Eileen Koch 4K KOCH FAMILY 0040 Apache Drive New Castle, CO 81647 970 984 0409 kochs4 © earthlink.net May 29, 2001 Board of Directors Elk Creek Home Owners Association P.O. Box 518 New Castle, Co 81647 Re: Amended Plat Lots 7, 8, and 9 Elk Creek Subdivision Dear Sir/Madam: -41 p7 C E1\\F f MAY � f � As you aware, we have been working with Garfield County to complete an amended plat for the above referenced lots. The Amended Final Plat has been submitted creating two parcels. The parcel on which the original residence is located is known as Parcel A (15,821 square feet). Lots 8 and 9 have been combined to create Parcel B (9,107 square feet). The Homeowners Association executed a quitclaim deed to vacate the utility easement between lots 8 and 9 in January 2001. Garfield County requests your approval on this lot replat. Thank you for your gttention to this matter. CluRick & Eileen Koch Approved President, Elk Creek Homeowners ;gate 07 3o (cr FQUNO SAKE '30'OQ"W 76 W+fin ?sI�s77' i N90'.0'00 11 0.18' POUND IRON NI M1 OM 101 C:1 CF P) /8") N90'00 00"E 54 8' NOTE: THIS PROPERTY IS SUB.dE'CT TO RESERVATIONS, RESTRICTIONS. COVENANTS AND EASEMENTS Of RECORD OR IN PLACE. PROPERTY DESCRIPTION ***SEE PAGE NO- 2***** I HEREBY STATE THAT THIS IMPROVEMENT BY HIGH COUNTRY ENGINEERING, INC. FOR THAT IT PS NOTA LAND SURVEY PLAT OR THAT IT IS NOT TO BE RELIED UPON FOR OR OTHER FUTURE IMPROVEMENT LIMFS LOCATION CERTIFICATE WAS PREPARED N. EJLEEN FARLOW do RICHARD C. KOCH , AN IMPROVEMENT SURVEY PLAT, AND THE ESTABLISHMENT OF FENCE, BUILDING, I FURTHER STATE THAT THE IMPROVEMFNTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MARCH 17, 199,3 , EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISE' BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT EVTIaENCE OR sIGN OF ANY EASEMENT CROSSING OR PARCEL, EXCEPT AS NOTED. . �'•ti IT IS HEREBY STATED THAT THE STRUCTURES LOCATED ON THE ABOVE DESCRIBED PROPERTY e.i::tp,NQ APPARENT ? PART OF SAID v li1:a1;0 FRAM c 4-uA=QtNur_ . 1t+ncno 111111111111111111111111111111111111111111111111111111 374988 01/17/2001 12:42P 81227 P428 M ALSD 1 of 1 R 3.00 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that Elk Creek Homeowners Association of New Castle Colorado, for good and valuable consideration hereby sells and quitclaims to: Richard E. Koch and N. Eileen Farlow Koch As present owners of record of the real property described below, and hose address is: 0040 Apache Drive, New Castle, Colorado 81647 The following described real property in the County of Garfield and State of Colorado, to -wit: That certain easement granted on the plant of Elk Creek Subdivision, and as described in the Restrictive Covenants recorded June 29, 1965 in Book 367 at Page 258 of the records of Garfield County, Colorado. Said parcel also being part of a lot consolidation, Resolution No. 77-86 as recorded February 15, 1978 at Book 506 at Page 229 located in Section 25, Township 5 South, Range 91 West of the 6th PM., more particularly described as follows: The south 10 feet of Lot 8, Block 7, Unit 1 of Elk Creek Development Address of property: none Signed this 1lotk'day of January, 2001 Elk Creek Homeowners Association By: D __ „.46 _ Ck CSC s a�.oe.ry STATE OF COLORADO ) County of Garfield ) The foregoing instrument was acknowledged before me this iia— day of January, 2001 by Cheryl A. Chrlsfha.r,sen as 'Pres, den{" of Elk Creek Homeowners Association. Witness my hand and official seal My commission expires: 9- 4-0 MY OOAMV ISSION EXPIRES: Sorambst 4„ 2001 Public Rkrvl 1 boyo e_ 1)r. Ad00 epunx i AdOJ Od3X .11) Book 367 Recorded at 4:02 P.M. June 29, 1965 Page 25$ Reception No. 230525 Chas.S.Keegan,Recorder. RESTRICTIVE COVENANTS ELK CREEK DEVELOPMENT KNOW ALL MEN BY THESE PRESENTS that the Elk Creek Development, Inc., DYled a corporation, the owner of the real property described on the map recorde0 as 1 it No.. 3 o Y 2 l in the office of the Clerk and Recorder of Garfield Document County, Colorado, and having subdivided said property into lots to be used exclusively for residence purposes, and to protect the purchasers of said lots by appropriate restrictive covenants, do hereby adopt the following: 1. The following restrictions shall apply to Lots 10 to 17, both inclusive, Block 5; Block 6; Block 7; and Block 8 of the Elk Creek Development: (a) No building shall be permitted on any lot having a ground floor area of the main structure, exclusive of carports, patios, and basements, of less than eight hundred square feet. Dwelling houses are limited to one family dwellings. (b) Dwelling houses shall be completed within one year from the date work started on the structure. (c) No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn, or other outbuilding shall be used on any of the above lots at any time as a residence, either temporarily or permanently. 2. /UTILITY EASEMENT. Easements for the installation and maintenance of utilities and drainage facilities are reserved through, over, and across that portion of the lots described as follows: The North ten (10) feet of the lots in Block 1 and Block 2; the South ten (10) feet of Lots 1 to 7, both inclusive, of Block 3; the North ten (10) feet of Lots 8 .o 13, both ELK CREEK DEVELOPMENT J • KNOW ALL MEN BY THESE PRESENTS that the Elk Creek Development, Inc., a corporation, the owner of the real property described on the map recordeU as v' it in the office of the Clerk and Recorder' of Garfield Document No. 1 3 0 5 t County, Colorado, and having subdivided said property into lots to be used exclusively for residence purposes, and to protect the purchasers of said lots by appropriate restrictive covenants, do hereby adopt the following: 1. The following restrictions shall apply to Lots 10 to 17, both inclusive, Block 5; Block 6; Block 7; and Block 8 of the Elk Creek Development: (a) No building shall be permitted on any lot having a ground floor area of the main structure, exclusive of carpor.s, patios, and basements, of less than eight hundred square feet. Dwelling houses are limited to one family dwellings. (b) Dwelling houses shall be completed within one year from the date work started on the structure. (c) No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn, or other outbuilding shall be used on any of the above lots at any time as a residence, either temporarily or permanently 7 2, 'UTILITY EASEMEN ....Easements for the installation and maintenance of utilities and drainage facilities are reserved through, over, and across that portion of the lots described as follows: The North ten (10) feet of the lots in Block 1 and Block 2; the South ten (10) feet of Lots 1 to 7, both inclusive, of Block 3; the North ten (10) feet of Lots 8 .=o 13, both inclusive, Block 3; the North ten (10) feet of Lots 1 to 3, both inclusive, Block 4; the South ten (10) feet of Lots 4 to 7, both inclusive, Block 4; the South ten (10) feet of Lots 1 to 9, both inclusive, Block 5; the ten (10) feet contiguous with Comanchero Trail in Lots 10 to 17, both inclusive, Block 5; the ten (10) feet contiguous with Apache Drive from the Southwest corner of Lot 1 to the Southeast corner of Lot 9, Block 6; the ten (10) feet of Lots 1 to 8, both inclusive, of Block 7 contiguous with Apache Drive; the South ten (10) feet of Lots 8 to 13, both inclusive, of Block 7; the North ten (10) feet of Block 8. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, the undersigned Loren Crabtree respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution to divide Lots 7, 8, and 9 into two parcels in Elk Creek Subdivision more fully hereinafter described, from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101(a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: Submitted at Glenwood Springs, Colorado, this 17th day of August , 19 i, - 77 Petitioner D e -/o /-cf-4 ��_ C� • • RESOLUTION#77fl� WHEREAS, LEVI L. CRABTREE has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28- 101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the consolidation of Lots 7, 8, and 9 of Block No: Son the Elk Creek Subdivision into two lots consisting of approximately 12,000 square feet and 14,000 square feet, more or less, and more particularly described as follows: Parcel A Lot 7, Block 7, Unit I of Elk Creek Development except the northerly 20 feet thereof lying along and contiguous with Apache Drive. Together with an easement and right-of-way through, over and across the Northerly twenty feet of Lot 7, Block 7, of Unit One of the Elk Creek Development for the purpose of ingress and egress to Apache Drive. Parcel B Lot 8, Block 7, Unit I of Elk Creek Development except the northerly 20 feet thereof lying along and contiguous with Apache Drive. Lot 9, Block 7, Unit I of Elk Creek Development. WHEREAS, the Petitioner has shown to the satisfaction of the Board of County Commissioners of Garfield County, that the said exemption is desired for the purpose of relieving a conflict with an existing building on Lot 7 of said subdivision encroaching upon Lots 8 and 9; WHEREAS, the Petitioner has shown to the satisfaction of the Board of County Commissioners of Garfield County, Colorado that said Lots 7, 8 and 9 of Block 'k are existing lots of record in said subdivision, and further that no unusual physical problems exist on Lots 8 and 9 which might preclude the issuance of a building permit; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board that said building lot which will be created does have access to a center water supply, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended; NOW THEREFORE, upon motion of R j_tjem 0671--i5c seconded by life5'90e and carried, said consolidation of Lots 7, 8, and 9 of Block No: '6 in the Elk Creek Subdivision is hereby exempted from such definition and transfer of said tracts may be made into two lots consisting of approximately 12,000 square feet and 14,000 square feet, more or less, all as is more fully described above. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this J4 day of ()(i)(5bifiy-- , A.D. 1977. Attest: �fi�Ct, L tat&L /21,2 Deputy C1etk/6f the Bo ,d of County Commissioners, Garfield County, Colorado 2 THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Richard C. Jolley, Chairman ,Garfield County Richard & Eileen Koch 0040 Apache Dr. New Castle, CO 81647 Re: Lots 7, 8, & 9, Block 7, Elk Creek Subdivision Dear Richard & Eileen: Building & Planning Department June 20, 2001 I have set up a hearing date of July 9, 2001 at 1:15 p.m. with the Garfield County Board of Commissioners in Room number 301 regarding your request to amend lot numbers 7, 8, & 9, of Block 7 into parcels A and B. At that hearing, the Board will either approve or deny your request. If approval is granted then a milar will need to be drawn up. It is not necessary for you to be in attendance for this meeting unless you want to be. I will let you know the outcome of the meeting if you choose not to attend. If you have any questions, please give me a call. Sincerely, Cathi Edinger Planning Technician 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 lir 0r).& .—`CC SAI.ou. ,j 6/,o/Q 6arfie/d County Planning Department Today's Date: 6 / 020/ o BOCC ❑ /� Planning Commission CI BOA e Li Ui1 Project Name: �liCeCt� �4 6-7 / � C Kf K Su loot. F 4-9)lock Type of Application: O Special Use Permit O Conditional Use Permit O Subdivision Exemption O Subdivision Final Plat O Subdivision Final Plat Amendment O Subdivision Preliminary Plan PK Amendment to O Other ❑ Public Hearing Est. Duration: ❑ Public Meeting Est. Duration: ❑ Consent Agenda To do what: Re con-4:5UrRe, 3 Le±s l y1 G Lof Meeti g Date: 7/c/o/ Time: 1:15 pm ❑ 10:00 am Site Location: Pr ra Cie \ft_ `i' CO W► ad6, eloZ 1 ACt I 1 Cid t i ilk Eubct uion Section / Township / Range: (optional) Applicant• El tee %?'- Ric kaR 1<Gch Requested Action: ► Approval ❑ Denial Item Advertised? ❑ Yes If yes, when? Staff Planner: Mark Bean O Kit Lyon O Randy Russell O Greg Butler No