HomeMy WebLinkAbout1.0 ApplicationSubdivisionName:
Location of Plat
Please Note: The
SUBMITTAL REQ
1)
2)
3)
4)
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Applicant:ftr Stu'l-fi'i)r (..-Date: March 20 , 2003
APPLTCATION
Amended. Pbt
COT,NTY PI.A}IIYING DEPARTMENT
l{D 8e Street, Suite 303
Glenwood Springs, CO 81601
Phone: 970-945-8212 Fax: 970-384-3470
Submittal Date: March Base Fee: $150.00
Applicanl'High Count y Starship Limited,a Colorado Partnership
Address of Applicant: c o Henry Hite, P.O. Box 155, Woody Creek, CO 81656
se Creek Subdivision
Lots3&5 Zrrnng:.A/R/RD
submittal requirements apply to any proposed amended plat that does not
have an approved Preli Plan to veriff the consistency with the proposed amended plat OR that
results in the relocation properry lines between more than turo (2) adjacent properties.
Copy ofthe deed ing ownership in the apptican! or a letter from the poperty owner(s); if
other thanthe
Names and of owners of record of land immediately adjoining and within trrro
hundred feet of the proposed amended plaq mineral owrers and lessees of mineral
the property to be a part of the amended plat, and tenants of any structr:re
proposed for
Evidence of the il types and characteristics of each qp";
adequate source of domestic water for each lot created, method of sewageProofoflegal
disposal, and of approval of firE protection plan from appropriate fire district;
ommunity or mrmicipal water or setiler system isproposed, aletterfromthe
owners of record
If connection to a
governing body a willingness to serve;
Narrative why amended plat is proposed.
The consideration of this ptag if applicable to the $fimittal requfom€nts statsd abovq will
require at least one (1)hearing for ulhich putilic nodce mtxtte providcil. lts Flaming
DqXxrrercnrryill naii :in$iffi$on colferoi$g this krirg(s), approximately 45 days prior to the
se€xfuIsd&eartng. You ilt t -en berryuired b aotify, by certified retrrn receipt mail, all ad,jacent
: notice provided t'y tfio PtmhgDtryaa@mt in t wr@aBer of gccrrallandowners andpublish
circulation. Both of notices must be ftails# p*fuhsd 6t lqflst 3$ ttays pior to tin': FrfuIic hradug .
The infm*isncontai wiein ftis application is complete md eorrect, to the best of my knowledge:
2003
SENT TO ATION
The High Counfy Starship Limited, a Colorado limited
parh:ership, being sole owner of the property described as Lots 3 and 5, Goose
Creek Subdivision,ing to the plat thereof recorded July 6, L99Z as Reception
Nrunber 436455 y consents to the submission to Gmfield County planning
department by Whi & Gross, P.C., an application for an amsrldedplat for the above
referenced property.
Executed this ,f-Uu, of Co--7,2003.
te, Limited Parurer
z'd 826'0N ssod3 t-t_I51IHtl l^ld8S: I EZAZ 'SI 'NU.f
Building
1og gth I
GARFI COUNry
Planning Department
, Suite 201
Gle Springs, Colorado 81 601
: 970.945. 821 2 Facsimile: 97 0.945.347 0
ine Store
Road )
AMENDED D CORRECTED PLATS APPLICATION
Street Address /
Blue Heron Lan
Legal Description:
Subdivision Name:
Description of
favorable ditch
access to Lot 5
owner to the we
F Address: 320 M
) CitY: Carbondale
GENERAL INFORMATION
(To be completed by the applicant.)
Location of Property . Property is located off ot
, just east of Carbondale off Co.Rd. 100 (Cathe
ts 3 & 5, Goose Creek Subdivision
Goose Creek Subdivision
; Amended Plat Application to create a more
a.f ig"r*t f
that meets the needs of the adjacent property
t, who is a prospective buyer of Lot 5.
High Country Starship Limited
1 Henry Hite and Angela Hite
155,Telephone'. 920-2060
State: Co Zip Code: Bl-656 7p,,54925-2762
(Representative) Eric J. Gross
Street, Ste 200 Telephone. 963-6363
State: co Zip Code: 8L623 p4;.963-6667
F Doc. No.:
) Planner:
F Zone District:
STAFF USE ONLY
Date Submitted: TC Date:
Last Revised: 11/21/02
) Address: P'o'
) CitY: Wood
GART'IELD CO B[[DII\G Al{D PLANI',{ING DEPARTMENT
REEMENT FOR PAYi\{ENT FORM
(Shall be submitted with application)
GARFIELD COTINTY COIINTD*6HighCountryStarshipLimited
(hereinaft er APPLICANT)as follows:
1. APPLICANT has submitted to COIINTY an aoolication for Boundary Line Ad justment
2. APPLICANT and agrees that Garfieid County Resolution No. 98-09, as amended,
establishes a fee schedule for type of subdivision or land use review applications, and the guidelines for the
administation of the fee
3. APPLICANT COLTNTY agree that because of the size, nature or scope of the proposed
r time to ascertain the full extent of the costs involved in processing theproject, it is not possible at
application. APPLICANT
thereafter permit additional
to make payment of the Base Fee, established for the PROJECT, and to
to be billed to APPLICANT. APPLICANT agrees to make additional
paym.ents upon notification by COTINTY when they are necessary as costs are incurred.
4. The Base Fee I be in addition to and exclusive of any cost for publication or cost of
consulting service determined by the Board of Counfy Commissioners for the consideration of an
application or additional C staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APP CANT shall pay additional billings to COIINTY to reimburse the COLTNTY
for the processing of the PRO mentioned above. APPLiCANT acknowledges that a1l billing shall be paid
the COIINTY of any land use permit, zoning amendment, or subdivisionprior to the final consideration
p1an.
APPLICAI\T
HIGH COUNTRY STARSHIP MITED, a Colorado FartnershiP
Signature
Date:
Representative
High Country StarshiP
PrintName
]Vlailing Address:
-E;rr-c
q 23
imiited by Eric J. Gross , Representative
THE PROJECT).
VYnrtsrrr g Gnossl P.c.
LAWYERS
320 Marrv Srnrrr, Surrp 200
CaRsoNuar,s, Cor-oRano 81623
TprnpsoNE, (970) 963-6363
Fecsnur.n, (970) 963-6667
March 21,2003
RECEIVED
MAR 2003
GARI IELD COIJNTY
gUiLDINE & PLANNING
TrmornvE. Wnrrsrrr
ut lz it s i.t t@c dalelaw. co m
Via OSM DELIVERY
Tamara Pregl
Garfi eld County Planning
109 Eighth Street, Suite
Glenwood Springs, CO 8
Enclosures
EJG:cah
cc: Henry Hite,
John Wood
Enrc J. GRoss*
cdal elaw@cdalelaut. c o n L
*Also admitted in Mass@chusetts
aJ
601
Dear Tamara:
This Firm High Country Starship Limited, owner of Lots 3 & 5, Goose Creek
Subdivision in Garfield unty. Enclosed please find five copies of the Hite Boundary Line
ing from discussion with you last year is that BoundaryLine AdjustmentAdjustment. Our
requires that we enter the ended plat process. Also enclosed is and Amended Plat Application
Fonn, a consent to Land Application signed by the owners and a check in the amount of $ 150.00.
It is also our ing that since this Boundary Line Adjustment does not result in the
relocation of property li between more than two adjacent properties, that none of the submittal
requirements on the Appli ion Form are necessary.
The purposes of t Amended Plat Application are
to provide new access to Lot 5alignment for Lot 5 and a
properly owner to the wes who is a prospective buyer of Lot
Please contact me you have any questions. Thank you.
first to create a more favorable ditch
that meets the needs of the adjacent
5.
Sincerely,
WHITSITT & GROSS, P.C.
07/10/Ol THLT l0:05 FAX 3034441063 Holme Roberts & Owen
HOlme RObeftS & OWen ffp Auonryys ut Ltw
140'l Peatl Street 'l'el (303)444-5955
.quib 40() Fax (303)444-106,1
Boulder,CO 80302
FACSTMTT,ES tvrAy BE SENT TO FIRNTS FAX r,rNE, (303)444-1063
Tor Fred Jarman
Garfield County Planning Department
{< vl
Facsimile No,: 970-384-3470
Date: July 10,2003
Billing: 15856-00150
From:John Wood
Number of pages followtng this cover sheet: G
. q\t
\ul
User #: 1935
If you need a cont'irmation or any of the pages sent again or rf there are any transmission pntblems,
please contact Kirsten Oschwald at 303-417-8502 or call 303-444-5955. If you do not call within l5
rninutes, we will assume you have received the pages satisfactorily.
CONFIDE)'ITIALITY NOTE: The information contained in this lacsimile transmrttal sheer and
document(s) that follow are for the exclusive use of the addressee and may contain confidential,
privileged and nondisclosable information. If the recipient of this facsrmile rs not the addressee, or a
per-son responsible for delivering this facsimile to the addressee, such recipient is strictly prohibited
from raading, photocopying, distnbuting or otherwise using this facsimile transmission, or its
contents, in any lvay. If the recipient has received this facsimile transrnission in error, please call us
immediately and return the facsimile transmission to us via the United States Postal Service. Thank
you.
- Denver - Salt Lake City - Boulder - Colorado Springs - London - Munich - San Francisco -
RECEIVED
JUI- I rt 2003
G,ARFIELD COUNTYn i..o{NG & P|-AI{NING
@oor
07 / 70/03 TIILI l0:05 FAX 3034441063 Holme Roberts & Owen
Holme Roberts & Owen rrp
July 10, 2003
Fred Jarman
Garfi eld County Planning Deparlment
Via.facsimile : (97 0) 384-3470
Re: Goose Creek Subdivision
lolur R. llLnd
(303)417-!i514
un$@hru.cont
rllhtnrc.l,s ut l,aut
1+01 h:arl Stnrt
Suite <00
Roulder, ()finuht
${)302-.5Jt4
li'l (303) 444,5955
|,tu (30t),)++-1063
www.luo-conL
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Dtrurr
(hknudo Spri4qs
Lorulon
Murtich
.cult l,ake City
San l'iancicat
Dear Mr. Jarman:
Attached is a copy of the proposed access easement to Lot 5, Goose Creek
Subdivision. Our intent is to execute and record the easement immediatcly prior
to the recordation of the amended Goose Creek plat, and then to reference the
recording information on the amended plat. We have also contemplated that the
execution and recordation of the easemenl would be a condition to the approval
of the amended Goose Creek plat. In this manner, the County can confirrn that
there is adequate access to Lot 5 prior to the recordation of the amended plat,
You will note that we have retained the right to relocate the easement. As we
discussed over the teiephone, the relocation right is irnportant to my client, The
Bailey Family Investment C--ornpany, because: (a) Mr. Bailey has rec.ently
acquired Lots lA and 1B of the Goose Creek Subdivision, and we may want to
push the access road larther south onto these parcels or to consolidate the access
to the three parcels; (b) Mr. Bailey is in the process of reclaiming this and other
adjacent property for agncultural purposes, which requires a certain amount of
flexibility to accommodate the iayout of pastures, fences, ditches, new facilities
and agricultural operations; and (c) security coltcems may prompt some
adjustments to the road location. Because o[this need for flexibility, we are
anxious to avoid establishing a platted location for the easement, thereby
necessitatingaplat amendment if we need to move the road.
We believe that our proposal to eslablish the access easement in a separate
document from the plat is consistent with Section 5:31(E) of the Garfield County
Subdivision Regulations, which contemplates that evidence of the availability of
all services (including roads) may be provided in supplemental documentation
filed simultaneously with the Final Plat, as opposed to being reflected on the
Final Plat itself. Similarly, Scction 6: l0@) of the Subdivision Regulations does
not require that the access route from the subject lot to a public right-of-way be
reflected on an amended piat, but instead contemplates that access may be
evidenced in a separate easement that has been or is in the process of being
obtained,
Using a separate easement also avoids confusion. The property crossed by the
::,:,
easement is not part of the Goose Creek Subdivision, and including a
@ooz
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07/lO/Ol TIILI l0:06 FAX 3034441063
Hokne Roberts &Owenrrp
Holme Roberts & 0wen @oo3
Fred Jarman
July 10, 2003
Page 2
depiction of the easement on the plat will create some ambiguity as to the actual
boundaries of the subdivision.
In light of the foregoing, we request that the proposed plat amendment be
approved as submitted. We would be happy to provide any other reasonable
assurance of access that the County may require to ensure adequate access to Lot
5, so long as the flexibility to relocate the road and the integrity of the
subdivision boundaries are maintained. Do not hesitate to call me if I can
provide additional information that would help your department or Mr. DeFord
evaluate this request.
\
Wood
JBW:ko
Enclosure
07/10/03 TI{L] 10:06 FAX 3034441063 Holme Rotrerts & 0wen
EASE,MENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement Agreement") is made and entered into as of
, ?003, between The Bailey Family Investment Company, a Colorado limited
liability timited partnership ("Bailey") and High Country Starship Limited, a Colorado limited
partnership ("Starship"),
RECITALS
A. Bailey is the owner of real property located in Garfield County, Colorado, described as
Parcels A and D, Fourth Amended Robbins Subdivision Exernplion (the "Parcels"),
B. Starship is the owner of real property located in Garfield County, Coiorado, described as Lot
5, Goose Creek Subdivision ("Lot 5"),
C. Bailey desires to grant an easement upon the Parcels for the benefit of Lot 5 in accordance
with the terms of this Easernent Agyeement.
AGREEMENT
NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable
cbnsideration, the receipt and sufficieucy of which is hereby acknowledged, Bailey hereby grants
to Starship a non-exclusive easement within, across, over and through the Parcels as described
and depicted on Exhibit A attached hereto (the "Easement") for the purpose of constructing,
maintaining, using, repairing and reconstructing a driveway for access to and egress from Lot 5
and underground utilities serving Lot 5. Grantor reserves: (a) the right to use the area affected by
the Easement in any manner that does not materially impair the use of the Easement by Starship
for its intended purpose; and (b) the right to relocate the Easement, any roadway constructed
upon it and utilities installed within it to a new location upon the Parcels or other propcrty owned
by Bailey; provided, however, that: (i) all improvements shall be moved and reconstnrcted at
Bailey's sole expense; and (ii) a reasonably direct route of access shall be provided to Lot 5 at all
times.
The Easement burdens the Parcels for the benefit of Lot 5, and shall nrn with the title to such
properties in perpetuity,
The Bailey Family Investment Company,
a Colorado limited liability limited partnership
By:
Thomas H. Bailey, General Partner
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07/lO/03 TIILI 10:07 FAX 3034441063 Holme Roberts & Owen
ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
coLNTY OF BOULDER )
The foregoing instrument was acknowledged before me on ,2003, by
Thomas H. Bailey as General Partner of The Bailey Family Investment Company, a Colorado
limited liability limited partnership.
Witness my hand and official seal.
My Commission expires:
Notary hrblic
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07/10/Ol TIILI l0:07 FAX 3034441063
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ZO.O'WIDE ACCESS EASEMENT
ACBOSS PARCEL A & PARCEL D OF THE FOURTH AMENDED PI,AT OF ROBBINS SUBDIVISION
ALSO EEING SITUATED IN LOT B OF SECTIONS 34, AND LOT 4, OF SECTION 35
TOIYNSHIP 6 SOUTH, RANGE 9I lfES1' OF THE 8?H P"M..
COUNTY OF GARPIELD. STATE OF COLORADO.
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07/lO/03 TIITT l0:08 FAX 3034441063
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EXHIBN U^P OF.20.0, }TIDE ACCESS EASEMETIT
ACROSS PARCEL A & PARCEL D OF THB FOURTH AMiF{DED PTTT OTALSO BETNG SITUATED IN LOT B OF SECTIONS 34, AND LOT 4,
ROBBTNS SUBDIVISION
OF SECTION 35
P.M.,
COUNTrr OP GARFIELD, STATE OF COLORADO.
SHEET 2 OF 2
A 20 FOOI W]DE ACCESS EASEMENT LOCATED IN PARCEL A AND PARCEL D OF THE FCURTI..]
AMENDED PLAT OF THE ROBBINS SUBDIVISION SAID PARCELS ALSO BEING SlIU^TED IN LOT 8OF SECTION f4 AND LOT 4 OF SECIION J5, TOWVSHIP 5 SOUTH RANC,E 9I WEST OF TI{E
SIXTH PRINCIPAL MERIDIAN. SAID
^CCESS
EASIMsNT EEINC IO FEEI ON EITH€R 51DE OF Ii.1E
FOLLOHNG DESCRIBED CENTERLINE.
COMMENCING AT ]HE SOUTHWEST CORNER OF SAID TOURTH AMENOED PLAT OF ROBEINS SUBOIVISION
WHENCE THE IIJITNESS CORNER OE THE SOUTH 1/4 OF SECTION J5. TOWNSHIP 7 SOU]h, RANGE 88
WEST OT TFIE 6th PRINCIPAL MERIDIAN MONUMENTED BY A NUMBER 5 REBAR BEARS; S 44'35'3I" E4880.56 FEET; THENCE EAST ALONG THE EOUNOARY OF SA,O SUBDlvlSlON, A DISTANCI OF 15.00 FEET:
THE POINT OF EEGINNING; THENCE LE^V1N6 SAIO EOUNDARY ALONG SAIO 20 FOOT ACCESS EASEMCNT
CENTERLINE THE FOLLOWNG 18 COURSES:
r.) N.00'49'oo"E., A DTSTANCE OF t58.s0 FEEr
2,) 5,89'1r'00"8., ^ DISTANCE OF 18,50 FEET;
J.) 115.'9 FEET ALONG THE ARC OF CURVE TO THE R,,GH? H^VING A RADIUS OF 2OO.OO FT€T
AND A CENTRAL ANGLE Or 33'OO'oO'(CHORD EEARS S.72'41',00''[. 113_6r FEEr);4.) s.5611'00"E,, ^ DTSTANCE OF 75.00 FEET;
5.) 8!.16 FEET ALONG THE ARC OF CURYE To TH( IEFT HAVING A RADIUS oF l5o.oo FEET
AND A CENTRAL ANGLE OF Jl'00'00" (CHORD BEARS S.71 '+r',00"E.80.t7 FEET);6-) S.8?'lr'0o"8., A DISTANCE OF tO0.00 FEEI:?.) 78,54 FEET ALONG THE ARC OF CUR\E To THE LEFT HAVING A RAoIUS oF 25o.oo FEET
AND A CENTRAL ANGLE OF r8'00'00" (CHORD BEARS N,63'+9',00"E. 78.22 FEET);
8.) N.74'49'00"8.. A DISTANCE OF 37.50 EEETr
9.) 65.45 FEET ALONO THE ARC OF CUR\€ IO THE R]GHT HAVING A RAOIUS OF IOO OO FEET
AND A CENTRAL ANGLE OF 37'JO'OO' (CHORO BEARS S.86'25'OO''8, 64.29 FEET);10,) s.67'4r'Oo"E., A DISTANCE OF 5O.O0 FEET:
11,) 186.75 FEEr ALONC THE ARC OF CURVE TO THE LEFT HAVING A R^DtuS oF 2OO.OO FEET
AND A CENTRAL ANGLE OF 53'50'00" (CHORD BE^RS N.85'J+',00"E. r80.Oa FEET);12.) N.58'4s'00"E., A DTSTANCE OF 27,50 [EET:
IJ,) 65.97 FEET ALONG THE ARC OF CURVE ?O THE RIGHT HAVING A RADIUS OE 60.00 FEEI
AND A CENTRAL ANGLE OF 6J'O0'00" (CXOnO BEARS 5.89'41'O0"E. 62.70 FEET);14,) s.58'l'r'00"E., A D|S?ANCE OF 30.00 FEET;
15.) 1O4.12 FEET ALONG THE ARC OF CUR\€ TO THE LErT HAVING A RAOTUS Or 200,00 FEET
AND A CENTFAL ANGLE 0F 30.00'00'(CHORD BEARS S,7J'r1'00"E.'r01.53 FEET);
16.) S.EE'I1'Oo"E., A DTSTANCE OF t75.00 F[ET;
17,) 82,03 FEET ALONG IHE ARC OF CURVE TO THC LEFT HAVING ^ RADILIS OF IOO.OO FEET
AND A CENTRAL ANGLE OF 47'00'00'' (CHORD BCARS N.6E'19',Oo"E. 79.75 trEET);
18.) rllENCE N.44'49'OO"E,, A DTSTANCE OF 129.74 FEET TO A POTNT ON THE EASTERLY BOUNDARY
OF SAID FOURTH AMMENDEO PLAT OF ROBBINS SUBDIVSION FROM WI.IENCE SAID PLAT SOUTHEAST CORNER
BEARS: SOUTH 145.81 FEET, THE TERMINUS.
SAID EASEM€NT CONTAINING 3I,6]t SOUARE FEET, MORE OR LESS.
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CANEONDATE. COLORADO 81623(e?o) ?04-o3ll :1O42-E^9E Dwi:
INTEROTFICE MEMORANDUM
To: Fred Jarman, Building and Planning Department
From: Scott Aibner - Garfield County Surveyor
Subject: Final Amended Plat Lots 3 and 5 Goose Creek Subdivision
Date: 715103
Dear Fred,
Upon review of the Final Amended Plat Lots 3 and 5 Goose Creek Subdivision,
I have prepared a list of comments or corrections to be made prior to approval for survey
content and form.
Please refer to the enclosed redlined copy of the plat.
l. The 10 foot Holy Cross easement, B.k. 847,Pg.29, needs to be annotated and
tied to property corners in order for its position to be recreated on the ground.
2. The use of varied line types and thicknesses would aid in deciphering line
entities, i.e. dashed lines for easements, thicker lines for more important lines
such as boundary.
3. The text used in the title could be of a thicker type so as not to lose readability
after reproduction.
4. The vicinity map is vague.
Sincerely,
Scoff Aibner
As Garfield County Surveyor
cc Brian Steinwinder - The Sexton Survey Company
Theresa Edwards