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Home My WebLink About2.0 NTC Letter 10.15.2008October 15, 2008 Chris Hale, P.E. Mountain Cross Engineering, Inc. 8261/2 Grand Avenue Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Land Use Application for Final Plat for the Mahan Subdivision Dear Chris, This office is in receipt of the Final Plat Application received on September 5, 2008. Upon review, Staff has found the Application to be deficient and requests the following items be addressed so that we can schedule the matter before the Board of County Commissioners: Regarding the Plat, the Certificate of Dedication and Ownership should reflect "Mahan Properties" as the owner; 2. Regarding the Plat, County Road 126 should be clearly identified on the plat; 3. Please submit a current Title Commitment to show what easements and encumbrances of record exist so that they can be reflected on the plat; 4. Please add Owner and Mineral Owners and their addresses on the plat; 5. Regarding the Plat, revise the County Surveyor Certificate to say... "as amended" rather than the date of "1973" so the end of the second line would read as follows..."calculations or drafting, pursuant to C.R.S. 38-51-101 and 102, as amended"; 6. Regarding the Plat, the Surveyors Certificate and the Board of County Commissioners Certificate need to have the date updated to 2008; 7. Please provide a recorded "Statement of Authority" from someone that can legally sign far Mahan Properties pursuant to CRS 38-30-172; 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 8. The Certificate of Dedication and Ownership should be specific to the public dedication of CR 126, but there are other access easements that we believe you do not intend to dedicate to the public. Please clarify these as notes on the Plat; 9. Please provide a "Bill of Sale" for the water system improvements as the instrument of transfer to the HOA; 10. Plat notes need to eliminate any reference to Exemptions (see note "b") and spell out "conc." and "H2O" in plat note j; 11. Please revise language on line no. 2 in plat note c regarding lighting to read as follows: ..."directed inward and downward, towards the interior of the lots, except that provisions"...; 12. The Certificate of Dedication and Ownership needs to contain the legal description of the entire property. Please refer to the following as a guide: DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned is/are the owner(s) of that real property situated in the County of Garfield, State of Colorado, and being a part of the as shown on the accompanying plat, said real property being more particularly described as follows: (Insert full property legal here) That said owner has caused the said real property to be laid and surveyed as, a subdivision of a part of Garfield County, Colorado. That said owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever, and hereby dedicate to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities, including but not limited to electric lines, gas lines, telephone lines; together with the right to trim interfering trees and brush; with perpetual right of ingress and egress for installation and maintenance of such lines. Such easements and rights shall be utilized in a reasonable and prudent manner. That all expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. IN WITNESS WHEREOF said owner has caused his name to be hereunto subscribed this day of , A.D., 2008 13. The required Traffic Impact Fee (TIF) has been calculated to be $3,011.18. Please revise the Subdivision Improvements Agreement (SiA) to reflect this amount and provide a check in that amount made out to the Garfield County Treasurer. 2 14. Subdivision Improvement Agreement: Please address the following comments on the SIA: a. First "Whereas" needs to be changed to read: "Owner is the owner and developer of the Mahan Subdivision ("Subdivision"), which property is depicted on the Final Plat of the Subdivision"; b. Second Whereas, there is a run-on sentence, a new sentence needs to start with "An extension of the ..." c. Page 2, top of page, delete the "i.e. , 2008(completion date)," in its entirety. The date of the agreement will be filled in on the first page of the SIA when it is signed. d. Paragraph a. on page 2- these blanks need to be filled in and those exhibits referenced (the construction plans and the estimated cost of completion) must be provided and reviewed by our engineer. Also, rather than having the construction plans as Exhibit A, Exhibit A should be: "such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit "A" e. In paragraph 2 of the agreement, the first paragraph should be "a", the subparts should be i — iv, and the sentence beginning "The BOCCI,," should be "b. If f. Page 4, need to fill in the blanks on costs, and for any improvements that are completed, we still need the engineered plans, the estimated costs, and the engineer's certificate of completion so that planning/building can review and okay them. g. Page 4 b, is there revegetation required and how much? Again, if there is reveg and it is already done, we need to have Steve Anthony review and determine whether it is successfully established to the point that no further reveg security is required. Provisions for reveg security need to be added if there are reveg requirements. h. Need all exhibits for the SIA. i. On paragraph 3(g) i, the time frame should be "within ten (10) business days" following submission of the Owners's request for final release. J. On paragraph 4 on page 6, third line, "Owner shall install, connect and make operable the water distribution system." Also include: "Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system, for recordation following recording of the final Plant and this SIA. " 3 k. On paragraph 5, CR 126 is a public road and is being dedicated, and there is a Right of way deed required. Instead of your language, substitute the following: "County Road 126 shall be dedicated by the Owner to the public as a public right-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. In addition, a Right of Way Deed shall be submitted to the BOCC for approval and signature at the time of Final Plat approval. This executed original deed shall be deposited with the Garfield County Clerk and Recorder for recordation following recording of the final Plat and this SIA. I. Also, on the form of the deed that was tendered the description on the deed needs to be changed to read as follows: "That sixty (60) foot Right of Way depicted as County Road 126 on the Final Plat of Mahan Subdivision recorded in the office of the Garfield County Clerk and Recorder, reception no. , said right of Way being thirty (30) feet on either side of the center line described and depicted on said Final Plat." m. On paragraph 7, the language needs to be changed to state that the executed original deeds shall be deposited with the Garfield County Clerk and Recorder with the Final Plat for recordation following recording of the Final Plat and this SIA. n. On paragraph 9, include the impact fee amount per item no. 13 above; o. On paragraph 10, include the agreed amounts for school dedication fees. p. On paragraph 13, include in the list of rights "the provisions for plat vacation, detailed in paragraph 14, below " 15. For the Declaration of CCR's: a. In paragraph 2 for the common water system, any necessary easement should be included. The document should clarify that the HOA will maintain the water storage tank in accordance with the standards itemized in 2b. b. On paragraph 4, the language needs to be mandatory, not "should" and there needs to be some means of providing proof to the HOA that the maintenance has been done and that the HOA can do it and assess the owner if it is not done. c. The use restrictions in paragraph 10 need to be revised to be consistent with plat notes, see 10d, for example. 4 d. On paragraph 11, the title of the section needs to change to "Membership in the HOA" to be consistent with the bylaws provision. This section needs to be consistent with the Bylaws in terms of annual meetings, voting, etc. e. The quit claim deed for the water system needs to include any easement depicted on the Final Plat for access to the water well and the storage shed and the water storage tank; and f. The Encroachment permit needs to be completed and issued before recording the Final Plat. Based on the points above, this application has been deemed technically incomplete and no further review will occur by this office until these deficiencies has been adequately addressed. Do not hesitate to contact this office should you have any questions. Verytruly yours, red A. Jarman, 1 Director, Building an. Planning Department 970.945.8212 Cc County Attorney's Office 5