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1.0 Application
• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfieid-county.corn AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: i2,2(t6w�4 G Z 1 J ➢ Legal Description: Z / -�� .�fokakl D. Subdivision Name: a ,-..(44.24-Ha�/ ➢ Description of Proposal: = . , / ' Y') _L, 1_' .1,' „JOY __22) LSC' 't ii Z4k—e 1_L i'' � -� _d U f d 11 ➢ Name of Property Owner (Applicant):41, . )) ➢ Address: A©x}Sc `' (_'2¢2.x ,.; �W� � `� Telephone:,,'"?<" -024E ➢ City: State: C Zip Code:6-4 FAX: _2I( ➢ Name of Owner's Representative, if any (Planner, Attorney, etc): ile ➢ Address: t_ 1, j,./ Telephone: si(Q6,2_ > City: _) State: 0 __ Zip Code:9/6FAX: _ _ STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: ➢ Zone District: Last Revised: 11/21/02 1 • • I. PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request oc an Amended or Corrected Plat. 1. Application for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision Tots or dwelling units, b) results in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. If approved, the amended plat shall comply with platt, requirements outlined below (subsection B). 2. An application for an amendment to a plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat, or that results in the relocation of property lines between more than two (2) adjacent properties, shall be subject to the criteria and public meeting requirements as follows: A. The Board shall not approve an application for an amended plat as mentioned above unless the applicant has satisfied the following criteria: 1) All Garfield County zoning requirements will be met; 2) All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; 3) Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; 4) All applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8) School fees, taxes and special assessments have been paid. B. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: 2 • • (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described 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. 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. (3) If approved, the corrected plat shall comply with the requirements outlined below (subsection B). orrection may be ade to an approved Oat, if the sole purpose is to correct technical ors such as minor urveying errors and drafting errors, and the correction is consistent w th the appro ed Pr liminary Plan. Within thirty (30) days of being deemed in technical c•mpliance, the corrected plat shall be brought before the Board at a regularly scheduled blic meeting for review and decision. I apprp/ed, the corrected plat shall comply with the requirem$nts outlined below ( ubsection B). B. Upon approval of at Amended or Corrected Plat by the Board, the following plat requirements shall apply: A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield, County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, shall the request require a public hearing, Staff will also send you a `Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. 3. The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. 4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL REQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) A. The following application submittal requirements shall only be applicable to Procedure 1 and 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: 1. A narrative explanation of the reason for the application. VG'ofCu7/ �,�/etrwagh 3LA- 2. The consent of all land owners involved. Copy of the deed showing ownership of inet 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.. �c2✓l//, 4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 5. Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental information shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. 2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adjustment. 3. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. • • 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the statements above and have provided the required attached information which is correct and accurat the best of my knowledge. _/1,_7 ,L- `bilin-- 1.22 "Ije'(` (Signature of applict/owner) Date Ai'.5,0/117 le) /C. , /,/O/i e."4 -1/ /-1/ <,/ T--' Cia 5 - / z4 -51u.AR� rcyle7e- 5 5 12011- /2. 2y, • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and .L-7) d J � ' di , ? (hereinafter APPLICANT) agree as follows: V 1. APPLICANT has submitted to COUNTY an application for Ai (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPICANT /6.,ey !-11" 4A /L;X:7:// Signature Date: i/A -e,2 - , 001 )1)) ,W(1 MSOA Print Name Mailing Address: 10/2004 Page 4 • • Doc Fee $40.00 SPECIAL WARRANTY DEED CATHEDRAL BLUFFS SHALE OIL COMPANY, a Colorado general partnership, c/o Nom u.Occidental Oil Shale, Inc_, 2480 Fortune Drive, Suite 300, Lexington, KY 40509 and o OCCIDENTAL OIL SHALE, INC., a California corporation, 2480 Fortune Drive, Suite 300, nom a J o Lexington, KY 40509 ("Grantors"), for Ten Dollars ($10.00) and other good and valuable tet_ Q 0 consideration, in hand paid, do hereby sell and convey to LACY PARK, LLC, a Colorado limited rt! E >- liability company, 0055 County Road 317, Rifle, CO 81650 ("Grantee"), the following described MINI rn j real property situate in the County of Garfield, State of Colorado, to -wit: rno aim a v A parcel of land situate in Sections 13, 14, 23 and 24, Township 6 South, Range cW 94 West, 6th P.M., more particularly described as follows: ■t• .-I rr moma a Beginning at a point on the southerly R.O.W. line of U.S. Interstate Highway _- a No. 70, whence the NW corner of said Section 23 bears S88°49'46" W. 3808.82 m� feet; Thence N 6T34'43" E. 200.00 feet along said southerly R.O.W. line; moo a Thence S 86°13'14" E. 2501.87 feet to a point on the northerly R.O.W. line of a Kt the Denver and Rio Grande Western Railroad Company; N Thence along a curve to the right, being the said northerly R.O.W. line, having m a central angle of 07°06'48", a radius of 2815.00 feet, an arc length of 349.49 N • ip feet, and of which the chord bears S 63°57'01" W 349.26 feet; Thence S 67°30'25" W. 2499.05 feet continuing along said railroad 12.O.W. line; IMO t.. v.., Thence N. 02'48'00" W. 1199.51 feet to the point of beginning t!� c County of Garfield i0 '' State of Colorado TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining; and Grantors warrant title to the same against all parties claiming under Grantors, or either of them Dated this /5 -clay of December, 2003. {{� CATHEDRAL BLUFFS SHALE OIL OCCIDENTAL OIL SHALE, INC. 1Jj COMPANY r i ; By: Occidental Oil Shale, Inc., Managing By 4. ! ( (t- ,(; `,,`!2 t -/i eneral Partner i Jo Ellen Dnsko, President By: i_L L 1 'Li -,J ,It__. JO Ellen Drisko, President STATE OF COUNTY OFlittelik-} The foregoing instnunent was acknowledged before me this l J day of December, 2003, by Jo Ellen Drisko, as President of Occidental Oil Shale, Inc., acting in its capacity as Managing' • .,, General Partner on behalf of Cathedral Bluffs Shale Oil Company, a Colorado general partnerslii •. : and byJo Ellen Drisko, as President of Occidental Oil Shale, Inc., actingon its own behalf.; • b Witness my hand and official seal. k . ./ My commission expires: /l6/6 % �` S Z 4. Return to: Lacy Park, LLC 0055 County Road 317 oo. C \Doc,o.. anti Seum .W.om t>l> . .a.dH.ik.KI 'L�.,vl , duS 003 Spccul wart %qui 69,26s -v Notary Public 40, 1 111111 1 1111 11111 1111 11111 111111101 11111 1111 1111 538823 01/15/1999 04 35P 81109 P331 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO DEED OF GIFT (Real Property) LACY PARK, LLC, a Colorado limited liability company, 2720 Railroad Avenue, Rifle, Colorado 81650 ("Donor/Grantor"), does hereby irrevocably gift, give, donate, release, remise and quitclaim to ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO, a non-profit corporation, 3205 West Second Avenue, P.O. Box 468, Rifle, Colorado 81650 ("Donee/Grantee") an undivided one-half interest in and to the following described real property situate in the County of Garfield, State of Colorado, to -wit: LOT 1, LACY PARK SUBDIVISION, according to the Plat thereof recorded as Reception No. 537420 of the Garfield County, Colorado records. TO HAVE AND TO HOLD the same, together with all appurtenances or privileges thereto belonging or in anywise thereto appertaining, subject to the Declaration of Covenants, Conditions and Restrictions recorded as Reception No. 537422, easements, reservations, restrictions and the terms, conditions and provisions of instruments of record. (An undivided one-half ('/z) interest in the property was previously conveyed to Donee/Grantee by Deed of Gift dated December 18, 1998. The within Deed of Gift conveys the remaining undivided one-half eh) interest of the Donor/Grantor in and to the property.) Dated this 6p day of January, 1999. i " `-(Cor iorate Seal) ATTEST: Secretary STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) LACY PARK, LLC a Colorado limited liability company By JOHNSON CONSTRUCTION, INC. (Manager) BY id/�/�� Vice-Presidknt% The foregoing instrument was acknowledged before me thislay of January, 1999, by Anna R. Johnson, as Vice -President, and Christene Marie Overacker, as Secretary of Johnson Construction, Inc., a Colorado corporation, acting in its capacity as Manager on behalf of Lacy Park, LLC, a Colorado limited liability company. t ITNESS my hand and official seal. My commission expires: ACCEPTANCE Deed of Gift is accepted this 13 ay of January, 1999. Donee/Grantee ROCKY MOUNTAIN BAPTIST CHURCH OF RIFLE, COLORADO My Commission Expires June 17.2000 By 744 r 1 Trustee By Trustee To: From: • Garfield County INTEROFFICE MEMORANDUM Jim Hardcastle, Building and Planning Department Scott Aibner — Garfield County Surveyor Subject: Amended Plat, Lot One Lacy Park Subdivision Date: 1/05/2005 SURVEYOR SCOTT AIBNER, P.L.S Dear Jim, Upon review of the Amended Plat, Lot One Lacy Park Subdivision, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The 15 foot utility easement line is missing in the "as platted" window. 2. The previous southerly boundary line of Lot 1 does not exist as amended and therefore should not be shown in the "as Amended" window. Same goes for the easement. If the surveyor prefers to show the "as platted" items in the "as Amended" window, then those items should be drawn in a grey scale. 3. Monuments along exterior boundaries must be shown as found or set on Subdivision plats. 4. The basis of bearings must be indicated on subdivision plats. 5. The heading for this plat should not contain the word "of'. 6. In the last line of the certification of ownership, the heading, "Amended Plat, Lot 1 Lacy Park Subdivision" should replace the words "shown hereon". 7. Whenever safe, I like to see all available information in formal type, i.e., the year 2005 in the certificates, title company. Once these comments have been addressed, the surveyor may prepare the mylar for record pending further requirements from your office Sincerel Scott Aibner As Garfield County Surveyor cc Michael Langhorne — Bookcliff Survey Services, Inc. 109 8th Street, Suite 201 • Glenwood Springs, CO 81601 • (970) 945-1377 • Fax: (970) 384-3460 • e-mail: saibnen garf eld-county. com