HomeMy WebLinkAbout1.0 Application• •
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www. Barfield -county. com
Zone District / Comprehensive Plan Map Amendment
GENERAL INFORMATION
(To be completed by the applicant.)
Name of Property Owner (Applicant): Elk Springs, LLC
• Address: 2929 County Road 114 Telephone: 970-945-6399
i� City: Glenwood Springs State: co Zip Code: 81601 FAX:
• Name of Owner's Representative, if any (Planner, Attorney, etc):
Lawrence R. Green, Esq., Balcomb & Green, P.C.
• Address: 818 Colorado Avenue Telephone: 970-945-6546
> City: Glenwood Springs State: co Zip Code: 81601 FAX: 945-9769
Street Address / General Location of Property:
• Legal Description: See attached Title Commitment
Existing Use & Size of Property (in acres):
Property's Current Zone District Designation PUD
• Proposed Zone District Designation: PUD
Y Property's Current Comprehensive Plan Designation:
• Property's "Study Area" Designation:
✓ Doc. No.:
• Planner:
STAFF USE ONLY
Date Submitted: ('"1/4--r c)_a TC Date:
adr`.
Hearing Date:
• •
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Elk Springs, LLC
1. APPLICANT has submitted to COUNTY an application for
PUD Zone Text Amendment (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: ELK SPRINGS, LLC
ture
Date: 7 - _3C-) O3
Greg Boecker, Project Manager
Print Name
Mailing Address:
2929 County Road 114
Glenwood Springs, Co 81601
Page 4
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Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GTF241469-2
Schedule A Cust. Ref.:
Property Address:
1. Effective Date: May 02, 2003 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
ELK SPRINGS LLC, A COLORADO LIMI'1I±:D LIABILITY COMPANY, F/N/A LOS AMIGOS RANCH
PARTNERSHIP
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
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Our Order No. G11'241469-2
LEGAL DESCR FT1cN
A TRACT OF LAND SITUATE IN SECTIONS 7 AND 8, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF LOT 11 OF SAID SECTION 7;
THENCE N 00 DEGREES 00' 00" E 1040.81 FEET ALONG THE WEST LINE OF SAID LOT 11
AND A NORTHERLY PROJECTION THEREOF TO THE SOUTH RIGHT OF WAY LINE OF COUNTY
ROAD NO. 114; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE THE FOLLOWING
COURSES:
THENCE S 40 DEGREES 12' 26" E 298.39 ELT;
THENCE 422.10 FEET ALONG THE ARC OF A 265.97 FEET RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 90 DEGREES 55' 55" AND SUBTENDING A CHORD BEARING S
85 DEGREES 40' 24" E 379.18 FEET;
THENCE N 48 DEGREES 51' 39" E 177.60 FEET;
THENCE 295.92 FEET ALONG THE ARC OF A 1754.71 FEET RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 9 DEGREES 39' 45" AND SUBTENDING A CHORD BEARING N
53 DEGREES 41' 31" E 295.57 FEET;
THENCE N 58 DEGREES 31' 23" E 149.63 FEET;
THENCE 280.92 FEET ALONG THE ARC OF A 316.30 FEET RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 50 DEGREES 53' 12" AND SUBTENDING A CHORD BEARING N
83 DEGREES 57' 59" E 271.78 FEET;
THENCE S 70 DEGREES 35' 25" E 60.98 FEET;
THENCE 186.40 FEET ALONG THE ARC OF A 385.01 FEET RADIUS CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 27 DEGREES 44' 20" AND SUBTENDING A CHORD BEARING S
56 DEGREES 43' 15" E 184.58 FEET;
THENCE S 42 DEGREES 51' 04" E 177.38 FEET;
THENCE 243.96 FEET ALONG THE ARC OF A 339.94 FEET RADIUS CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 41 DEGREES 07' 11" AND SUBTENDING A CHORD BEARING S
63 DEGREES 24' 40" E 238.76 FEET;
THENCE S 83 DEGREES 58' 15" E 197.48 FEET;
THENCE 219.45 FEET ALONG THE ARC OF A 939.28 FEET RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 13 DEGREES 23' 12" AND SUBTENDING A CHORD BEARING N
89 DEGREES 20' 09" E 218.96 FEET;
THENCE N 82 DEGREES 38' 33" E 188.76 FEET;
THENCE 620.26 FEET ALONG THE ARC OF A 362.75 FEET RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 97 DEGREES 58' 09" AND SUBTENDING A CHORD BEARING S
48 DEGREES 22' 23" E 547.41 FEET;
THENCE S 00 DEGREES 36/ 42" W 238.36 FEET;
THENCE 235.49 FEET ALONG THE ARC OF A 286.72 FEET RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 47 DEGREES 03' 27" AND SUBTENDING A CHORD BEARING S
22 DEGREES 55' 02" E 228.93 FEET;
THENCE S 46 DEGREES 26' 45" E 25.47 FEET TO THE SOUTH LINE OF LOT 6 OF SAID
SECTION 8;
THENCE S 90 DEGREES 00' 00" W 3003.29 FEET ALONG THE SOUTH LINE OF LOT 6 OF
SAID SECTION 8 AND LOTS 10 AND 11 OF SAID SECTION 7 TO THE POINT OF
BEGINNING.
STATE OF COLORADO
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ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GTF241469-2
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
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ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GTF241469-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EN'FL+CT 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.
10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNTIED STATES PATENT RECORDED DECEMBER 20,
1911, IN BOOK 71 AT PAGE 523, RECORDED JULY 3, 1923 IN BOOK 112 AT PAGE
568, RECORDED NOVEMBER 11, 1916 IN BOOK 92 AT PAGE 297, RECORDED JANUARY
22, 1936 IN BOOK 172 AT PAGE 576 AND RECORDED JULY 8, 1927 IN BOOK 71 AT
PAGE 632
12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 18,
1952 IN BOOK 263 AT PAGE 169
13. "EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE OIL AND GAS IN
THE LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO
PROSPECT FOR, MINE, AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE
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ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GTF241469-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE
ACT OF JULY 17, 1914 (38 STAT. 509)", AS RESERVED IN PATENT RECORDED
OCTOBER 25, 1965 IN BOOK 370 AT PAGE 462.
14. 'EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE POTASSIUM AS
TO THE LANDS IN TOWNSHIP 7 SOUTH, RANGE 88 WEST, AND TO IT OR PERSONS
AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS
FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE
PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509)", AS
RESERVED IN PATENT RECORDED OCTOBER 25, 1965 IN BOOK 370 AT PAGE 462.
15. "EXCEPTING AND RESERVING, ALSO, TO THE UNITED STATES ALL THE SODIUM IN THE
LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO
PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE
WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE
ACT OF JULY 17, 1914 (38 STAT. 509), AS AMENDED BY THE ACT OF MARCH 4,
1933 (47 STAT. 1570)" AS RESERVED IN PATENT RECORDED OCTOBER 25, 1965 IN
BOOK 370 AT PAGE 462.
16. 'EXCEPTING AND RESERVING ALSO, TO THE UNITED STATES, PURSUANT TO THE
PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT. 755), ALL URANIUM,
THORIUM OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE
PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS WHETHER OR
NOT OF COMMERCIAL VALUE, TOGETHER WITH THE RIGHT OF THE UNITED STATES
THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT TIME TO ENTER UPON THE
LAND AND PROSPECT FOR, MINE AND REMOVE THE SAME". AS RESERVED IN PATENT
RECORDED FEBRUARY 18, 1952 IN BOOK 263 AT PAGE 169.
17. RESERVATION OF LIFE ESTATE OF GISELLA FIOU OF ONE-HALF OF ALL THE ROYALTY
PAYMENTS RECEIVED FROM THE PRODUCTION OF MINERALS AS CONTAINED IN
INSTRUMENT RECORDED SEPTEMBER 28, 1965 IN BOOK 370 AT PAGE 69.
18. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 79-15
RECORDED JULY 10, 1979 IN BOOK 531 AT PAGE 250.
19. TERMS, CONDITIONS AND PROVISIONS OF SEWAGE TREATMENT SERVICES AGREEMENT
RECORDED JULY 11, 1979 IN BOOK 531 AT PAGE 325.
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ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GTF241469-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
20. RIGHT OF INGRESS AND EGRESS ACROSS EXISTING ROADWAY AND RIGHT TO USE OF
DOMESTIC WATER SPRING AND OUTBUILDINGS AS CONTAINED IN INSTRUMENT RECORDED
MARCH 19, 1971 IN BOOK 417 AT PAGE 600.
21. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO TO THOMAS E. NEAL IN INSTRUMENT
RECORDED NOVEMBER 1, 1988 IN BOOK 743 AT PAGE 662.
22. CONDITIONS, STIPULATIONS AND OBLIGATIONS OF AGREEMENT RECORDED JUNE 5, 1978
IN BOOK 510 AT PAGE 805.
23. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 83-274 RECORDED AUGUST
23, 1983 IN BOOK 633 AT PAGE 851.
24. TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO VACATE PLAT RECORDED JUNE
06, 1984 IN BOOK 651 AT PAGE 70.
25. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992
IN BOOK 841 AT PAGE 512.
26. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 96-34 RECORDED JUNE 18,
1996 IN BOOK 982 AT PAGE 103.
27. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED JULY 16,
1996 IN BOOK 985 AT PAGE 479.
28. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS,
PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.
29. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED APRIL
25, 2002 IN BOOK 1349 AT PAGE 542.
30. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED DECEMBER
19, 2002 IN BOOK 1418 AT PAGE 359.
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ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GTF241469-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
NOTE: UPON RECEIPT OF A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR
CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED
HOWEVER, THAT LAND TITLE GUARAN FEE COMPANY RESERVES THE RIGHT TO ADD ANY
EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY.
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LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that
A) The subject real property may be located in a special taxing district
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit
B) No labor or materials have been furnished by mechanics or material -men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed
mechanic's and material -men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Foam DISCLOSURE 09/01/02
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JOINT NOTICE OF PRIVACY POLICY
OF
LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Title V of the Granum -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of Land Title
Guarantee Company and Land Title Insurance Corporation and Old Republic National Tide Insurance
Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other fonus.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
' Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information
Form PRIV.POL.ORT
Garfield County
July 7, 2003
Lawrence R. Green
Balcomb & Green, P.C., Attorneys at Law
P.O. Drawer 790
818 Colorado Avenue
Glenwood Springs, Colorado 81602
BUILDING & PLANNING DEPARTMENT
RE: Application to Amend the Los Amigos Ranch PUD
Dear Larry,
Thank you for the Los Amigos Ranch Planned Unit Development (hereinafter "PUD") Text
Amendment request you submitted to this office on June 25, 2003. The purpose of this letter is to
notify you that your application has been deemed technically incomplete based on the following
deficiencies determined by this office:
1) No PUD Text Amendment application was filed with this office for your request (mainly
because we do not have one). Please complete the attached form for a Zone District
Amendment, as it applies, and return it to this office; and
2)
3) No signed "Agreement to Pay" form was included in your submittal materials. Please sign the
attached form and return it to this office.
Regarding process, once this office receives the requested information listed above, we will schedule
your request to be heard by the Planning Commission (public meeting with no notice required) who
will then provide a recommendation to the Board of County Commissioners for their consideration at
a scheduled public hearing (noticed required).
As always, Larry, I look forward to working with you in the processing of this application. Do not
hesitate to contact me in the event you have any questions.
Very truly yours
Fr'd Jarman, Senior ' 1. er
970.945.8212
Enc: Application Form for Zone District Amendment & Agreement to Pay Form
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
1-.4584
B-982 P-116 06/18/96 10:34A PG 14 OF 14
f/// 'i D rn A
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. GEIGER
ANNE MARIE MCPHEE
AMANDA N. MAURER
DEBORAH DAVIS*
DAVID P. JONES
" ALSO ADMITTED TO PRACTICE IN
NEW YORK AND MISSOURI
BALCOMB & GREEN,. P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.9769
www.balcombgreen.com
October 14, 2003
VIA FACSIMILE TO: (970) 384-3470
ORIGINAL TO FOLLOW BY U.S. MAIL
Fred Jarman, Senior Planner
Garfield County Building and Planning Department
108 8' Street, Suite 201
Glenwood Springs, CO 81601
Re: Los Amigos Ranch PUD Zone Text Amendment
Dear Fred:
OF COUNSEL:
KENNETH BALCOMB
I am in receipt of your letter dated October 6, 2003 regarding the above referenced matter.
I have a couple of comments: First, I am assuming that the Board's approval of Elk Springs'
request for a zone text amendment for the Los Amigos Ranch PUD will be reflected in a Board of
County Commissioners resolution which will be signed and then recorded in the Garfield County
real estate records. I would appreciate receiving a copy of the draft resolution if it has not yet been
signed, or a copy of the final, recorded version if that has occurred.
Second, we understand and concur that the vested property rights associated with the Los
Amigos Ranch PUD would be subject to forfeiture Zany of the conditions of the PUD, as amended,
are breached.
As always, thank you for the professional manner in which you handled this application.
RECEIVED
kit.{ $. ; 2003
CiHttFitL;, uvUNIY
91JI1.0IN 5, PLANNING
LRG/bc
xc: Gary McElwee
Very truly yours,
BALCOMB & GREEN, P.C.
awrence R. Gre n
October 6, 2003
Lawrence R. Green
Balcomb & Green, P.C., Attorneys at Law
P.O. Drawer 790
818 Colorado Avenue
Glenwood Springs, Colorado 81602
Garfield County
BUILDING & PLANNING DEPARTMENT
RF: rnsAmigos Ranch PUD Text Amendment Request
Dear Larry,
As you are aware, the Board of County Commissioners approved your request to amend the Los
Amigos Ranch PUD by a vote of 3 to 0 so that the approved phasing plan for Phase 3 (preliminary
plan) is required to be submitted no later than December 31, 2005. All other conditions of the Los
Amigos Ranch PUD remain in effect as approved and as vested until 2010 as explicitly expressed in
the Los Amigos Ranch PUD Development Agreement. Please also note, if any conditions of
approval within the PUD are not met, vesting of the site specific development plan for Los Amigos
Ranch PUD would be "subject to forfeiture" as per the aforementioned Development Agreement.
Do not hesitate to contact me in the event you have any questions.
Very truly yours,
F�Fed Jarman, AICP, Senior Planner
970.945.8212
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470