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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street. Suite 401 •Gienwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.Qarfield-countv.com RECLINED AUG 1 1 2006 GARFIELD COUNTY 970.384.3 & 0LANNING AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ��,, I Street Address / General Location of Property: 3 $3 Et k g goad M,i ou ri (AJ\"s) a'�t-ic-f,ci Gaavi-i� r Legal Description: ►Me+ad At.2 f �.vu9r'av+tiM rte, Sub — f pt v`l,5 LOYI Subdivision Name: Favor Ewa-amc Description of Proposal: tc JLA 'f +he. propait line, }zfweeo /acres ". s L 34/ 4 Fanor ama RavicItar, C ►nwtov, eon 2,laid a G - *cm -f ill- 5 air, 4-141, A bouH- • a+-- -e .c d cp v►t i- 1°2- avid i vi vtq 0, 6, A -C _ 4 --pre. deou om ,- - s uZ a t eG /0 i g csKJ ai-` ► . W e.+.td F to di - d ahu ,�ze»d .144 o-FNowtLe ad 41 2 a5 shcu»i on. IMt. a ad►,►►` > ��� 1 r�a�f' Name of Property Owner (Applicant):ja✓l\r ( .. f��3r% ,De.(TIN� ➢ Address: 3oa Etig• ,a &V goad Telephone:% -- j, t D'5 `.---City: Gaeho✓�da"lState: GO Zip Code:Sto2 FAX: 9i6'5-4'64- > Name of Owner's Representative. if any (Planner. Attorney. etc): Address: Telephone: City: State: Zip Code: FAX: STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: Zone District: Last Revised: 2/2006 1 I. PROCEDURAL REQUIREMENTS A. 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. If approved, the amended plat shall comply with plat 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. (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. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. 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. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). X-3. Upon approval of an 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. VC. -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. IS/Pc B. II. APPLICATION SUBMITTAL REQUIREMENTS (The following steps outline how an amended or corrected plat application review process works in Garfield County.) 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. 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 of $100.00 with the application. 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: 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 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 of $100.00 with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I^ ave read the statements above and have provided the required attached information which is correct and accu : e to the best of my knowledge. nature of applicant/ • ner 5 n GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARF ► NLD COUNTY (hereinafter COUNTY) and .JavtVl ' G 4 11 k i l 4: P cn VI, I t o ) (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submittpd to COUNTY an application for Arkviamciatt P1af -Per Famo rama gaticiite , Su.bc tkii9iOvi (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. APPLICANT Javotorc.Dunri s%on KI (a/4, I�.rr:t4 Print Name Mailing.?j$3 Address: E114 a v6v14. 10/2004 Page 4 Janver C. Derrington Khaila H. Derrington 383 Elk Range Rd Garfield County Carbondale, CO 81623 August 11, 2006 Board of County Commissioners Garfield County 108 8th Street, Room 213 Glenwood Springs, CO 81601 Re: Amended Plat Application Panorama Ranches Subdivision Ladies and Gentlemen: This Application for an Amended Plat involves a lot line adjustment between Homestead 42 and Panorama Ranches Open Space Lot 2 as depicted on the attached Map. This adjustment will result in an adjustment of 0.600 Acres+/- taken from Panorama Ranches Open Space Lot 2 and added to Homestead 42 partway along the NE Common Boundary in exchange for an equal amount of land taken from Homestead 42 and added to Panorama Ranches Open Space Lot 2 partway along the NW common boundary and abutting the common boundary between Homestead 42 and Homestead 41. The reason for this exchange of land is to bring the placement of the existing single- family residential and accessory structures in compliance with the 50 ft. setback from all boundary lines of lots in the original Subdivision Plat. These structures were incorrectly placed by the original owner of Homestead 42. The current Owner wishes to correct this error in order to facilitate building an addition to the residential structure. The Panorama Ranches Homeowners Association approved this exchange of land at their annual meeting on May 15, 2006. As a condition of this approval, an access easement from Elk Range Road to the Open Space is being granted along the lower leg of the access driveway on Homestead 42. The Board of Directors has reviewed and approved the attached preliminary draft of the proposed First Amended Plat. The Owner of Homestead 41 has also approved the proposed land exchange and amended plat. We therefore respectfully request the approval of this Application by the Garfield County Board of Commissioners. Sincerely, Ja ' ver C. Derrington C. -Owner of Homestead 42 ttachments Khaila H. Derrington Co -Owner of Homestead 42 1111t(NII IIII fill h�C .l Sr 131813211£(171/1110111161I2IB11111141 P528 ? ALSDORF 1 of 3 R 13.00 D 33,47 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this 28th day of June , 2001 , between ERNEST J. WATTS of the said County of G ° 5 ',c i ° and State of CALIFOZ.TIA =ALLA B. DERRINGTON AND JANVER C. DERRINGTON AS JOINT TENANTS whose legal address is 0383 ELE RANGE DR CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: WITNESSETH, That the grantor for and in consideration of the sum of Tea dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: HOMESTEAD 42 PANORAMA RANCHES COONTY OF GARFIELD STATE OF COLORADO also known by street and number as: 0383 ELK RANGE RD, CARBONDALE, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his -heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific Exceptions shown on the attached as "EXHIBIT 1". The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the- singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. ERNEST J. WATTS State of CALIFORNIA ) County of/--p� M {Xl )) ss. The foregoing instrument was arlvowiedgew before net this by ERNEST J. TICA.TTS My commission expires ` 7 -(J L/ RICHARD SCOTT Commtsiat # 12754 i2 _ Noicry Pubic - Galiiasia 105 Angeles CDurrly NyCtrren.. tet5ep27,7ID4 Far Na. Wixeoar Stewart This or Cirsweod Soria's, Inc. Na. 932A WAERAR I' DEED (gee reamgcapiicnemrd) f5932ANEW) Fee. 7199 k j!f dzyof () Witness my hand and official Notary Public C�26�,rr—t�1CG `5th I 111111 11111 111111 111111 III 11111 1111111 III 11111 1111 III! 583812 07/85/2001 01:21P 61268 P529 M RLSDORF 2 of 3 R 15.00 D 33.47 GRRFIELD COUNTY CO 01000305 File Number: EXIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph Bb of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records). 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Taxes for the year 2001 not yet due and payable. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of way for ditches or canals constructed by the authority of'the United States, as reserved in United States Patent recorded March 17, 1934 in Book 172 at Page 543 as Reception No. 117025. 6. All coal and other minerals as reserved in the Patent to Sherman Cowen, recorded March 17, 1934 in Book 172 at Page 543 as Reception No. 117025. 9. Terms and Conditions, of the Protective Covenants, for Panorama Ranches, a Rural Community recorded October 9, 1979 in Book 536 at Page 799 as Reception No. 298349; First Amendment, to Protective Covenants for Panorama Ranches a Rural Community, recorded June 12, 1981 in Book 574 at Page 308 Reception No. 315722; Correction to Protective Covenants for Panorama Ranches a Rural Community, recorded December 9, 1981 in Book 567 at Page 866 as Reception No. 322373; and Agreement recorded June 12, 1986 in Book 689 at Page 624 as Reception No. 371814. 10. Terms and Conditions, of the Subdivision Improvements Agreement recorded, October 10, 1979 in Book 536 at Page 678 as Reception No. 298381; Amendment to Subdivision Improvements Agreement recorded October 9, 1980 in Book 557 at Page 484 as Reception No. 308226; and Amendment, recorded May 26, 1982 in Book 600 at Page 159 as Reception No. 328080, and County Subdivision Exemption Resolution No. 82-329 recorded December 29, 1982 in Book 615 at Page 884 as Reception No. 335548. 11. Terms and Conditions of the Articles of Incorporation of Panorama Ranches Homeowners Association, recorded June 10, 1981 in Book 574 at Page 179 as Reception No. 315641; and Agreement recorded June 12, 1986 in Book 689 at Page 824 as Reception No. 371814 and By -Laws of, Panorama Ranches Homeowners Association recorded June 10, 1981 in Book 574 at Page 182 as Reception No. 315642 and Amendment recorded August 11, 1986 in Book 693 at Page 01 as Reception No. 373336 and Amendment to recorded October 19, 1952 in Book 844 at Page 324 as Reception No. 440116. 12. Utility Easements and Restrictions, including a 100 foot Conservation and Equestrian Easement, as shown on the Plat of Panorama Ranches, a Rural Community, recorded October 10, 1979 as Reception No. 298382, and 1st Amended Plat recorded December 29, 1982 as Reception No. 335560. 13. Terms and conditions of County Resolution No. 83-36, recorded March 8, 1963 in Book 621 at Page 488 as Reception No. 338971. 14. Any and all easements, rights of way, plat notes, etc. as shown on the Plat of Panorama Ranches, a Rural Community recorded as Document No. 298382, First Amended Plat recorded December 29, 1989 as Reception No. 335560. Steen Tide of Gln+ood Spiess, lac. Euddlet 7 - need Sirwdaa (YnesnExCVM Se- 759 Exhibit 1 - Deed Exceptions Continued File Number: 01000305 15. Reservations and exceptions as contained in the United States Patent to the described property as granted to Sherman Cowen, recorded in Book 112 at Page 610, including: a. There is reserved from the lands hereby granted a right of way thereon for ditches or canals as constructed by the authority of the United States. b. Reserving unto the United States, its permittee or licensee, the right to enter upon occupy and use, any or all of that portion of the Southwest quarter of the Southeast quarter of said Section Seventeen, lying within 40 feet of the center line of the transmission line right of way of the Colorado Power Company for the purposes provided in the Act of June 10, 1920 (41 Stat. 1063), and subject to the conditions and limitations of Section 24 of said Act. 16. Terms and conditions of the Contract for Electric Service between James R. Clough and Roly Cross Electric Association, Inc. recorded January 23, 1985 in Book 663 at Page 297 at Page 358952. 17. Terms, agreements, provisions, conditions and obligations of GRANT OF EASEMENT recorded JUNE 19, 1990 in Book 781 at Page 596 as Reception No. 413668. 18. Terms, agreements, provisions, conditions and obligations of BY-LAWS recorded MAY 3, 1993 in Book 861 at Page 197 as Reception No. 446961 AND BY-LAWS RECORDED MARCH 8, 1994 IN BOOK 0894 AT PAGE 823 AS RECEPTION NO. 460125 and BY-LAWS recorded DECEMBER 1, 1997 in Book 1044 at Page 512 as Reception No. 517131 and BY-LAWS recorded AUGUST 16, 1999 in Book 1145 at Page 356 as Reception No. 550545. 19. Terms, agreements, provisions, conditions and obligations of PROTECTIVE COVENANTS recorded MAY 26, 1993 in Book 864 at Page 120 as Reception No. 448030 and AMENDMENT recorded DECEMBER 1, 1997 in Book 1044 at Page 511 as Reception No. 517130. 20. Terms, agreements, provisions, conditions and obligations of RIGHT-OF-WAY EASEMENT recorded APRIL 2, 2001 in Book 1241 at Page 803 as Reception No. 578466. I1111111111111111111111 III IIt 1111111 III 11111 IIII IIi '38361.3 8723 00�D1331:2IP 8t268 PC3 N RLSDORF Derrington - Amended Plat - Panorama Ranch Lot 42 Legend >all other values> CODE — I Federal Highway - County Road2000 BLM TYPE BUREAU OF LAND MANAGEMENT. DP INDICATES DISPOSAL BLM US FOREST SERVICE iities2006 Parcels . RiversLakes layer US Forest Service rJ (.1 (n o) 1X) D Mike, .':(innsen L i� rased Land Serve).nr Su 'vying M; n/,ping G.) 2001 0076 C R. 332 Rifle, (:0 81650 f'l)Onr` ie Fax' 970-625-0736 Notke: Acccrdhq to Colovndo law, Nw must canmence any legal action based upon any defect i, this svrwy withit three years after yew fist hscoesr such defect In no emit may any legal action based upon any defect in this survey be commenced more than ten yeas linin the last aMfted or rewsed dote shown hereon. 00 •Srs) 3l0,ZZOOS CO 0 eJ PROPOSED SWAP PARCELS PANORAMA RANCHES, H42 GARFIELD COUNTY, COLORADO © 1996-2006 PREOSYQV NOM LIC f7RSr SURVEY. LAST SURVEY. DRAFTED: 24 JUL 2006 REVISED: SCALE: 1 "=80 CONTOUR INTERVAL: NA JOB 1:060224 DRAWN BY.• MS PAGE 1 OF 1