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HomeMy WebLinkAbout1.0 ApplicationFEB-07-2 011 04:41 PM J O HN.L.CO Z Z~ 9 70 62 5 2 030 P.0 1 RE CE IVE D MAR 0 4 2011 GARF IELD COUNTY BUILDING & PLANNING Fred Jannan Garfield County Building and Planning Dept. 108 8111 Street, Suite 401 Glenwood Springs, CO 81611 Re: Cozza Righi-of.Way Vacation Application · Deer Mr. Jannan: This letter is to serve as the supplemental narrative infonnation required by Section 4-11 0 of the Unified Land Use Code (ULUC) for the above referenced application. Application Submittal Requirements (responses in CAPS): 1. A vicinity map meeting the requirements of the ULUC. ENCLOSED 2. All addiOonal materials necessary to adequately review the application as detc:nnined by the Building and Planning Director. PLEASE ADVISE US IF YOU NEED ANY ADDffiONAL MATERIALS 3. A description of the current condition of the road right-of:way, a tTaffic analysis of current uses, a description of any gates placed upon the road, a description of the current and historic uses of the roadway and the position of the applicant concerning the continued use of the roadway for non-motorized public use. THE RIGHT-OF-WAY WAS NEVER IMPROVED WITH A ROADWAY. TH£ ROAD THAT WAS SUPPOSED TO BE PLACED IN THE RIGHT-OF-WAY, ANTLERS LANE WAS CONSTRUCTED TO THE EAST (CR 225). TIIB AREA UNDERLYTNG THE RlGHT-OF-WAY HAS BEEN USED AS PART OF THE RESTDENTIAL IMPROVEMENTS CONNECTED TO THE APPLICANT'S PROPERTY FOR DECADES. 4. A letter from any involved utility company stating the company's position on the proposed vacation. APPLICANT REPRESENTS THAT THERE ARE NO UTILITIES LOCATED IN THE RIGHT-OF-WAY . / ( FEB -07 -2011 04:4 2 PM JOHN.L.COZZA 970 625 2030 S. A letter from any affected fire district stating that district's position on the need for maintaining tho right--of-way for emergency use. APPLlCANT HAS CONT ACTED RIFLE FIRE CONCERNING THE APPLICATION. RIFLE FIRE WOULD LIKE TO BE CONSIDERED A REFERRAL ENTITY FOR TIIE APPLICATION AND WILL REVIEW THE APPLICATION MATERIALS AT THAT TIME. 6. A statement indicating whether or not the proposed vacation has ever been established as a county road . 11ffi AREA PROPOSED FOR VACATION HAS NEVER BEEN CONSTRUCTED OR USED AS A PUBLIC OR COUNTY ROAD . 7. A title opinion from an attorney or title company stating the basis (deed, dedication, prescription, etc.) for the interest in the public or the county. THE APPLICANT HAS CONSULTED wrrn A 1111..E COMPANY CONCERNING THE HISTORY OF THE PARCEL. THE APPARENT RIGHT-OF-WAY WAS LIKELY PROPOSED AS PART OF THE ANTLERS ORCHARD PLAT, BUT 1ltE ROADWAY SURFACE WAS NOT CONSTRUCTED WTTH1N 11IE RJGHT-OF- WAY, CREATING AN APPARENT GAP JNTHEOWNERSIDP. 8. A statement indicating whether or not the proposed vacation provides any access to public l1111ds. THIS RIGHT-OF-WAY DOES NOT PROVIDE ACCESS TO ANY PUBLIC LANDS . 9. Names and addresses of all property owners adjacent to that portion of the right-of-way proposed for vacation. including any public land owners . SEE ATIACHEO The applicant asserts that this request docs not constitute a 1'prohibited vacation" as set forth in section 4-1 JO(E) of the ULUC. In addition, the applicant understands that this application is subject to the County's "Location and Extent., review under the ULUC. In support thereof, the Applicant states that this land use application meets all of the requirements of Section 4-1 lO, and that approval is consistent with the County's Comprehens ive Plan as required by Section 7-102. The vacation of this apparent gap in the deeds will not impact the overall transportation plan or requirements of the County, nor will it impact the County's ability to improve CR 225 If needed. Approval will also have the effect of bringing the Applicant's property into greater conformance with the ULUC standards and will help clarify a long-standing title issue . P .02 FEB-07-2011 04:42 PM JOHN.L.C022A 970 625 2030 P.93 After your review, please do not hesitate to contact me with questions or concerns. Sincerely, David D. Smith Enclosures CC; John and Marilyn Cozza Cozza -Adjacent Parcel Owners Manuel P . & Tina R. Gomez 0 118 Parkside Lane Carbondale, CO 81623 Terry D. & Victoria A. Davis 0074 County Rd. 225 Rifle, CO 81650 State of Colorado Department of Transportation - Region 3 606 S. 9m St. Grand Junction, CO 81501 GARFIELD COUNTY . · Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.364.3470 www.garfield-county.com VACATING PUBLIC ROADS & RIGHTS-OF-WAY GENERAL INFORMATION (Please print legibly) » Name of Progertv Owner: John and Marilvn Cozza » Mailing Address: 30475 Highwa~ 6 & 24 Telephone: ( 970 ) 225-2030 » City: Rifle State: CO Zip Code : 81650 Cell: (__) n/a » E-mail address: jlmecoz@qmail.com FAX:L_) nla » Name of Owner's ReQresentative 1 if an~1 {Attome~. Planner, Consultant, etc}: }> Da~id Smitb Garfield Bi l:le~bt E.C > Mailing Address: 420 7th St1 Ste. 100 Telephone: ( 970) 947-1936 > City: Glenwood S12rings State: CO Zip Code: 81601 Cell: (__) nfa » E-mail address: dsmith@garfieldhecht.com FAX: (970) 947-1937 > Description of Request: Vacate ROW for Antler's lane > Street Address I General Location of Property: 30475 Highway 6 & 24, between Rifle and Silt > Legal Description: > Assessor's Parcel Number: -2 --1...z. ll -...Q. L ..L -..Q... .Q_ -~ .Q.... .a. > Existing Use: eublic Bigbt-of-Wa)I: )> Property Size (in acres) Zone District: Last Revised 12129/08 I. APPLICATION SUBMITIAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. A vicinity map showing 'the following: A. The location of adjacent properties and any structures within 200 feet of the boundaries of the vacation, including any publicly owned land; B. Land 4ses for those adjacent properties; C. Location of all ~xisting utilities in or adjacent to the proposed vacation; D. Existing road rights-et-way within a 200 feet radius of any proposed vacation; and E. A survey and map containing a legal description and graphic depiction of the proposed vacation suitable to be recorded in the office of the County Clerk and Recorder. 2. All additional materials necessary to adequately review the application as determined by the Building and Planning Director within fifteen (15) working days following submittal. 3. A description of the current condition of the road or 'right-of-way, a traffic analysis of current uses, a description of any gates placed upon the road or right-of-way, a description of the current and historic uses of the roadway and the position of the applicant concerning continued use of the roadway for non-motorized public use. 4 . A letter from any involved utility company stating the company's position on the proposed vacation. 5. A letter from any affected fire district stating that districfs position on the need for maintaining the right-of-way for emergency use. 6. A statement indicating whether or not the proposed vacation has ever been established as a county road. 7. A title opinion from an attorney or title company stating the basis (deed , dedication, prescription, etc.) for the interest in the public or county. 8. A statement indicating whether or not the proposed vacation provides any access to public lands. (If the proposed vacation concerns a road or right-of-way that ext~nds to public land, the application sh an include evidence that all posting, publication and notification required by §43-2-201 .1, C.R.S., as amended, has occurred at least eighteen (18) months prior to the date of submittal of the application .) 9 . Names and addresses of all property owners adjacent to that portion of the right-of- way proposed for vacation, including any public land owners. 11. 400.00 Base Fee: Applicant shall sign the •payment Agreement• form and provide the fee with the application. II. PROCEDURAL REQUIREMENTS (The followi119 steps outline how the Road/R.O.W. Vacation Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the appfication for technical completeness. 2. The Building and Planning Department shall have fifteen (15) days after the date of submittal within which to determine whether or not the application contains all information required under Section II. If the Planning Department determines that the application does not contain such information, it shall notify the applicant or petitioner who shall then have no more than sixty (60) days to complete the application. 3 . Within five (5) working days of determination of completeness by the Building and Planning Department, that Department shall establish a date for referral by the Board of County Commissioners (BOCC). On the referral date, the BOCC shall determine the agencies from which it desires comment, including the Garfield Planning Commission, if necessary. Additionally, the BOCC shall establish dates for review by the BOCC and the Planning Commission. The date for review by the Planning Commission shall be within sixty (60) days of the referral date by the BOCC and the date for public hearing by the BOCC shall be within forty-five days (45) of the date of completion of review by the Planning Commission. The applicant shall provide all application copies necessary to allow review by the designated agencies, the BOCC and the Planning Commission within five (5) days of the referral date. 4. The Building and Planning Department shall refer all applications or petitions for county or public road right-of-way vacation to the following departments and agencies as determined by the BOCC: A . County Manager; 8. County Attorney; C. County Road and Bridge Department; D. County Sheriff; E. County Surveyor; F. County Engineer; G. Any municipality within two (2) miles of the area of the right-of-way proposed for vacation; . H. Colorado Division of Wildlife; I. Bureau of Land Management; J . U.S. Forest Service; K. Colorado Department of Transportation ; L. Any fire district within which the affected road or right-of-way falls; and M. Any other department or agency that the Building and Plann ing Department detennines may be affected by the application or petition. 5 . All agencies and departments to which referral of the petition or application to vacate has been tendered shall have twenty one (21) days after the date of submitta l to their agency or department within which to review, comment, or report to the Building and Planning Department. Such comment shall include the following ~ A. Whether the property is or is likely to be necessary or desirable for any publ ic purpose within the reasonably foreseeable future . B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. C. Any other comment relevant to the road or right-of-way . 6. After expiration of the twenty one (21) day comment period set forth above, the staff of the Building and Planning Department shall compile all written comments and prepare a Staff Report setting forth its recommendation for the benefit of the Planning Commission or BOCC as appropriate . 7. PLANNING COMMISSION REVIEW A . Standard of Review. If appropriate under the provisions of Section I, the Garfield County Planning Commission shall review all applications or petitions to vacate public roads or rights-of-way pursuant to the provisions of §30-28 - 110(1 )(d), C.R.S., as amended. B. Planning Commission Procedure . 1. The Planning Commission shall conduct its review of the petition or application to vacate a county or public road right-of-way as a public hearing without required notification other than inclusion in a posted agenda. 2. The date established for initial review by the Planning Commission shall be considered the date of submission pursuant to §30-28-110, C .R.S., as amended. 3. The Planning Commission may continue consideration of the petition or request to vacate county or public road rights-of-way to the next regularly scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision and recommendation to the BOCC within sixty (60) days of submission. C. Action of Planning Commission. 1. The decision of the Planning Commission, rendered pursuant to its review set forth herein, shall be considered a recommendation. 2. Under no circumstances shall the Planning Commission action be considered a vacation of a road or right-of-way or final action on such request. a . BOARD OF COUNTY COMMISSIONER REVIEW. A. Standard of Review. The BOCC shall conduct its review pursuant to the provisions of §43-2-301, et seq., C.R.S., as amenped, and the requirements of this resolution, which review and decision shall be considered a Legislative Act. B. Hearing Notification. Action of the BOCC shall be pursuant to a public hearing, which hearing shall be undertaken upon demonstration of compliance with the following notification requirements: 1. All notification shall be the responsibility of the applicant or petitioner. Whenever State Law requires notification by the Board of County Commissioners, it shall be the responsibility of the applicant or the petitioner to fulfill that obligation on behalf of the BOCC. 2 . Notice by publication, including the name of the applicant or the petitioner, a description of the area of the right-of-way proposed for vacation including county road number and county road name {if available), the nature of the hearing, the date, time and place of the hearing, and a statement that a resolution to vacate the subject county road or public road right-of-way will be presented at the hearing, shall be given once in a newspaper of general circulation in that portion of the County in which the subject road or right-of-way is located at least thirty {30), but not more than sixty {60) days prior to the date of the hearing and proof of publication shall be presented at the hearing by the applicant. 3. Notice by certified mail, return receipt requested, containing the information described for notice by publication, shall be mailed to all owners of record, including all public land owners as shown in the County Assessor's office of all lots or property within 200 feet of the subject roadway or right-of-way at least thirty {30) but not more than sixty {60) days prior to the hearing with proof of mailing and receipts presented at the hearing by the applicant. C. Hearing Information . During the hearing before the Board of County Commissioners at which any application or petition to vacate a county or public road right-of-way is considered, the following information must be presented to the BOCC. The requirements set forth herein shall be considered the minimum information to be submitted and does not preclude subi:nittal of additional comment, facts or evidence determined relevant by the BOCC. The minimal information shall be the following: 1. Staff Report of the Planning Department prepared for the BOCC hearing, which shall include the recommendation of the Planning Commission , if any. 2. The full application or petition to vacate the county or public road right-of-way as determined complete by the Planning Department. 3. All written comment received from departments or agencies subsequent to referral. 4. Proof of adequate compliance with required notification. 5. A form of resolution vacating the subject county or public road right-of-way as prepared by the applicant, and reviewed and approved by the County Attorney's office prior to the BOCC hearing. 6. The Board of County Commissioners may receive additional evidence as the BOCC deems relevant, including but not limited to all public comment, all agency and department comment, all additional infonnation requested by the Board of County Commissioners for their consideration. D. Decision. The Board of County Commissioners may continue the hearing at which a petition or application to vacate a county or public road right-of-way is considered as it deems necessary to receive all inrormation the BOCC deems relevant. Any continuation of the initiated hearing must be to a date certa in with a decision to approve or deny approval to the resolution vacating the county or public road right- of-way occurring within ninety {90) days of the initiation of the public hearing. E. Modified Resolution . The BOCC may elect to approve a resolution vacating a county or public road right-of-way in a form modified or altered from that presented, as part of the initial required documentation. In that event, the Board shall specifically direct the staff to make alterations to the resolution presented by the petitioner or applicant by a motion specifying those alterations. Such motion shall also include a continuance to allow the staff of the County to accomplish the requested alterations to the resolution and present the resolution in final form as part of the continued public hearing. F. Final Action. No final action on a petition or application to vacate a county or public road right-of-way shall occur until a resolution, in a final approved form , has been considered as part of the public hearing process, signed by the Chair of the Board of Commissioners pursuant to motion and recorded w ith the Garfield County Clerk and Recorder. G. Vested rights. No rights shall vest in the vacated rights-of-way until final action of the Board has occurred including recording of the vacation resolution under §43-2- 301 et seq., C.R.S., as amended . 9. ACTION SUBSEQUENT TO VACATION A. Recording. Subsequent to signature of an approved resolution to vacate a county or public road right-of-way, which resolution has been approved by motion of the Board of Commissioners, the Garfield County Clerk and Recorder shall record said resolution as required by §43-2-301, et seq., C.R.S., as amended, unless otherwise instructed by the BOCC. B. County Road Svstem. Subsequent to recording of a resolution vacating a county or public road right-of-way, the Road and Bridge Supervisor shall delete said roadway or portion of said roadway from all County Road maps submitted to the State of Colorado and all reports submitted to the State claiming said road or right-of-way as a County Road. All County Road maps and road reports submitted to the State of Colorado which require prior approval by the Board of County Commissioners shall indicate all roads and rights-of-way deleted from the County Road system in the previous calendar year. C. County Surveyor. All plats submitted to the Clerk and Recorder indicating a vacation of a county or public road right-of-way shall be submitted to and approved by the County Suiveyor. 10. PROHIBITED VACATIONS A. The Board of County Commissioners shall not approve any petition or request to vacate a county or public road right-of-way when the following information has been submitted to the BOCC: 1. The subject county road or public road right-of-way provides any access to public lands (for the purpose of this subsection public lands shall mean any property owned by the federal government or the State of Colorado). 2. The subject county road or public road right-of-way abuts or is connected to any property, including any easement owned by the federal government, State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail. 3. The subject county road or public road right-of-way is currently used or will be used in the foreseeable future for any county or public road purpose. The term "County or public road purpose• includes, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities. The term "foreseeable use· shall include a use projected or planned to occur within the next twenty years as such has been included in any adopted state, county, federal, municipal or special district facilities plan, comprehensive plan , zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the current or foreseeable use is presented at the time of public consideration of the proposed vacating resolution. FEB -00 -2011 10:34 AM JOHH.L.COZZA ':170 625 2030 e. Th• provflJons or Ihle MCtion •hllH not b• deemed top~ the socct. denlal of a petltiOn or appRaltlon to V8Cate • county or public road right-of.way for other nMaORI. P.01 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners C-Board•) Resolution No. 98-09, has established a fee structure C-Base Fee·) for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in fUll prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee . Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form C-Agreemenr) set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application . The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted . The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan I Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment I Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption I Amendment Major Exemption I Amendment Rural Land Development Option Exemption I Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan I Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review I Amendment Major Impact Review I Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) I Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300/ $300 $400/ $300 $400/$300 $250 $400 $400/ $300 $50 $250 $400/ $300 $5251$400 $300 $450 $500/ $300 $450 $250 $250 NO FEE $50.50 $40.50 $33 .75 $30.00 County Surveyor Review Fee (includes review of Amended 0 termi db 8 r$ Plats; Final Plats, Exemption Plats) e ne Y urveyo $11-1 11 page $1 O each additional page Mylar Recording Fee Page2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application , zoning amendment, or subdivision application . Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application . 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of ·Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8 . The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and John and Marilyn Cozza ___ Property Owner {hereinafter OWNER) agree as follows: 1 . OWNER has submitted to COUNTY an application for ________ _ Vacate ROW for Antler's Lane (hereinafter, THE PROJECT). 2. OWNER 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 lhe guideljnes for the administration of the fee structure. 3 . OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter pennit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNlY to . reimburse the COUNlY for the processing of the PROJECT mentioned above. OWNER 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. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Print Name Mailing Address: 30475 Highway 6 & 24 Rifle CO 81650 Page4 STATEMENT OF AUTBORJ:TY Pursuant to C.R .S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other t h an an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The execute affecting name and/or position of the person instruments conveying, encumbering, title to real property on behal f of authorized to or otherwise the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: {if no other matter, leave this section blank) EXECUTED this __ day of -----------' 20_ Signature: Name(typed or printed: Title (if any ): STATE OF _________ ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this day of ------------' 20_ by , on behalf of ----------------' a ------------------ ~itness my hand and official seal . My conunission expires : (Notary Public) (SEAL) 05/09 ~ GARFIELD COUNTY .) Building & Planning Department 1 08 Blh Street, Suite 401 "~Glenwood Springs, Colorado 81601 -_ -:·-:Telephone: 970.945.8212 Facsimile: 970.384.3470 · ~ ;:.r:i~~ www.garfield-countv.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2179-071-00-408 DATE: October 28, 2010 APPLICANTS PLANNER: None PROJECT: Vacate ROW for Antler's lane OWNER: John and Marilyn Cozza REPRESENTATIVE: David Smith (Garfield & Hecht, PC) PRACTICAL LOCATION: 30475 Highway 6 / 24 between Rifle and Silt TYPE OF APPLICATION: Road Vacation & location and Extent (L&E) I. GENERAL PROJECT DESCRIPTION Mr. and Mrs. Cozza own a property that fronts State Highway 6 & 24 between Silt and Rifle . Pursuant to the direction provided via court order, the Cozza 's request to vacate an apparent public right-of-way which is located within a strip of land along their westerly boundary. Once this is vacated they anticipate acquiring and absorbing that land Into their parcel. It appears that this strip of land was most likely meant to accommodate Antlers Lane but was actually constructed on the property directly to the west of Cozza. It is hoped that this vacation action will clean up this right- of-way conflict. There is no change to the actual existing Antlers ROW that already exists in a ROW Easement on the neighboring property. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE Pl.AN, STATE STATUTES, ETC.) The following sections of the Garfield County Unified Land Use Resolution of 2008, as amended apply to this request: Section 4-110 Vacation of a County Road or Public Right of Way _A. Authority & Purpose. The provisions of §43-2-301, et. Seq., C.R.S., as amended shall control all vacation proceedings considering a petition to vacate or abandon the entire width of any. public or county road or right-of-way shall follow these provisions in addition to all other requirements of state law. For all other applications to vacate or abandon a public road right-of-way, submittal to the Planning Commission may not be required, pursuant to the direction of the Board of County Commissioners. B. Application. An application or petition to vacate a public or county road right-of-way shall contain the following information: 1) A vicinity map showing the following: a. The location of adjacent properties and any structures within 200 feet of the boundaries of the vacation, including any publicly owned land; b. Land uses for those adjacent properties; c. location of all existing utilities in or adjacent to the proposed vacation; d . Existing road rights-of-way within a 200 feet radius of any proposed vacation; and e. A survey and map containing a legal description a graphic depiction of the proposed vacation suitable to be recorded in the office of the County Clerk and Recorder. 2) All additional materials necessary to adequately review the appl,ication as determined by the Building and Planning Director within fifteen (15) working days following submittal. 3) A description of the current condition of the road or right-of-way, a traffic analysis of current uses, a description of any gates placed upon the road of right-of-way, a description of the current and historic uses of the roadway and the position of the applicant concerning continued use of the roadway for non-motorized pubtic use. 4) A letter from any involved utility company stating the company's position on the proposed vacation. 5) A letter from any affected fire district stating that district's position on the need fo r maintaining the right-of-way for emergency use. 6} A statement indicating whether or not the proposed vacation has ever been established as a county road. 7} A title opinion from an attorney or title company stating the basis (deed, dedication, prescription, etc.} for the interest in the public or county. 8} A Statement indicating whether or not the proposed vacation provides any access to public lands. (If the proposed vacation concerns a road or right-of-way that extents to public land, the application shall include evidence that all posting, publication and notification required by §43- 2-201.1, C.R.S., as amended, has occurred at least eighteen (18} months prior to the date of submittal of the application .) 9) Names and addresses of all property owners adjacent to that portion of the right-of-way proposed for vacation, Including any public land owners. 10) Four (4) copies of all information required by this section II. C. Department Review Process. The following process shall be followed for the review of an application by the Garfield County Building and Planning Department. 1) Filling of application. All applications or petitions to vacated any public or county road right-of- way, shall be submitted to the Director of the Building and Planning Department 2) Determination of Completeness. The Building and Planning Department shall have fifteen (15} days after the date of submittal within which to determine whether or not the application contains all information required under Section II. If the Planning Department determines that the application does not contain such information, it shall notify the applicant or petitioner who shall then have no more than sixty (60) days to complete the application. 3) Referral to Board of County Commissioners. Within five (5) working days of determination of completeness by the Building and Planning Department, that Department shall establish a date for referral by the Board of County Commissioners. On the referral date, the BOCC shall determine the agencies from which it desires comment, including the Garfield Planning Commission, if necessary. Additionally, the BOCC shall establish dates for review by the BOCC and the Planning Commission. The date for review by the Planning Commission shall be within (60) days of the referral date by the BOCC and the date for public hearing by the BOCC shall be within forty- five days (45) of the date of completion of review by the Planning Commission. The application copies necessary to allow review by the designated agencies, the BOCC and the Planning Commission within five (S) days of the referral date. 4) Departmental referral to County Departments and Agencies. The Building and Planning Department shall refer all applications or petitions for county or public road right~of-way vacation to the following departments and agencies as determined by the BOCC: a. County Manager; b . County Attorney; c.. County Road and Bridge Department; d . County Sheriff; e . County Surveyor; f. County Engineer, g. Any municipality within two (2) miles of the area of the right-of-way proposed for vacation; h . Colorado Division of Wildlife; I. Bureau of land Management; j . U.S. Forest Service; k. Colorado Department of Transportation; I. Any fire district within which the affected road of right-of-way falls; and m. Any other department or agency that the Building and Planning Department determines may be affected by the application or petition. 5) Referral Comments and Timefines ~ All agencies and departments to which referral of the petition or application to vacate has been tendered shall have twenty one (21) days after the date of submittal to their agency or department within which to review, comment, or report to the Building and Planning Department. Such comment shall include the following: a. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future; b . Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law; and c. Any other comment relevant to the road or right-of-way. 6) St~ff Report. After expiration of the twenty one (21) day comment period set forth above, the staff of the Building and Planning Department shall compile all written comments and prepare a Staff Report setting forth its recommendation for the benefit of the Planning Commission or BOCC as appropriate. 7) Planning Commission Review. If appropriate, the Garfield County Planning Commission shall review all applications or petitions to vacate public roads or right-of-way pursuant to the provisions of §30-28-110(1) (d), C.R.S ., as amended. a. Planning Com.mission Procedures. . 1. The Planning c .ommisslon shall conduct its review of the petition or application to vacate a county or public road right-of-way as a public hearing without required notification other than inclusion in a posted agenda. 2. The date establish for initial review by the Planning Commission shall be,considered the date of submission pursuant to §30-28-110, C.R.S., as amended. 3. The Planning Commission may continue consideration of the petition or request to vacated county or public road rights-of-way to the next regularly scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render Its decision and recommendation to the BOCC within sixty {60) days of submission. 4. The decision of the Planning Commission, rendered pursuant to its review set forth herein, shall be considered a recommendation. Under no circumstances shall the Planning Commission action be considered a vacation of a road or right-of-way or final action on such request. 8) Board of County Commissioner Review. the BOCC shall conduct its review pursuant to the provision of §43-2-301, et seq., C.R .S., as amended, and the requirement of this resolution, which review and decision shall be considered a Legislative Act . a. Hearing Notification. Action of the BOCC shall be pursuant to a public hearing, which hearing shall be ·undertaken upon demonstration of compliance with the following notification requirements: 1. All notification shall be the responsibility of the applicant or petitioner. Whenever State Law requires notification by the Board of County Commissioners, it shall be the responsibility of the applicant or the petitioner to fulfill that obligation on behalf of the BOCC. 2. Notice by publication, including the name of the applicant or the petitioner, a description of the area of the right-of-way proposed for vacation including county road number and county road name (if available), the nature of the hearing, the date, time and place of the hearing, and a statement that a resolution to vacate the subject county road or public road right-of- way will be presented at the hearing, shall be given once in a newspaper or general circulation in that portion of the County In which the subject road or right-of-way is located at least thirty (30), but not more than sixty (60) days prior to the date of the hearing an proof of publication shall be presented at the hearing by the applicant. 3 . Notice by certified mail, return receipt requested, containing the information described for notice by publication, shall be mailed to all owners of record, including all public land owners and shown in the County Assessor's office of all lots or property within 200 feet of the subject roadway or right-of-way at least thirty (30) but not more than sixty (60) days prior to the hearing with proof of mailing and receipts presented at the hearing by the applicant. b . Hearing Information. During the hearing before the Board of County Commissioners at which any application or petition to vacate a county or public road right-of-way is considered, by the following information must be presented to the BOCC. The requirements set forth herein shall be considered the minimum information to be submitted and does not preclude submittal of additional comment, facts or evidence determined relevant by the BOCC . The minimal information shall be the following : 1. Staff report of the Plann ing Department prepare d for t he BOCC hearin~ which shall include the recommendation of the Planning Commission, if any. 2. The full application or petition to vacate the county or public road right-of-way as determined completed by the Planni ng Department. 3 . All written comment received from departments or agencies subsequent to referral. 4. Proof of adequate compliance with r equired notification . S. A form of resolution vacation the subject c ounty or public road right-of-way as prepared by the applicant, and reviewed and approved by the County Attorney's office prior to the BOCC h~rin~ · 6 . .The Board of County Commissioners may receive ad ditional evidence as the BOCC deems relevant, including but not limit e d to all public comment, all agency and department comment, all additional information requested by the Board of County Commissioners for their consideration. c. Decision. The Board of County Commissioners may continue the hearing at which a petition or application to vacate a county or public road right-of-way is considered as it deems necessary to receive all information the BOCC deems relevant. Any continuation of the initiated hearing must be to a date certain with a decision to approve or deny approval to the resolution vacating the county or public road right-of-way occurring within ninety (90) days of the initiation of the public hearing. d. Modified Resolution. The BOCC may elect to approve a resolution vacating a county or public road right-of-way in a form modified or altered from that presented, as part of the initial required documentation . In that event, the Board shall specifically direct the staff to make alterations to the resolution presented by the petitioner or applicant by a motion specifying those alterations. Such motion shall also include a continuance to allow the staff of the County to accomplish the requested alterations to the resolution and presented the resolution in final form as part of the continued public hearing. e. Final Action. No final action on a petition or application to vacate a county or public road right-of- way shall occur until a resolution, in a final approved from, has been considered as part of the public hearing process, signed by the Chair of the Board of Commissioners pursuant to motion and recorded with the Garfield County Clerk and Recorder. f. Vested rights. No rights shall vest In the vacated right-of-way until final action of the Board has occurred including recording of the vacation resolution under §43-2-301 et seq., C.R.S., as amended. D. Action Subsequent to Vacation 1. Recording. Subsequent to signature of an approved resolution to vacated a county or public road right-of-way, which resolution has been approved by motion of the Board of Commissioners, the Garfield County Clerk and Recorder shall ·record said resolution as required by §43-2-301, et seq., C.R.S. as amended, unless otherwise instructed by the BOCC. 2. County Road System. Subsequent to recording of a resolution vacating a county or public road right-of-way, the Road and Bridge Supervisor shall delete said roadway or portion of said roadway form all County Road maps submitted to the State of Colorado and all reports submitted to the State claiming said road or right-of-way as a County Road maps and road reports submitted to the State of Colorado which require prior approval by the Board of County Commissioners shall indicated all roads and rights-of-way deleted from the County Road system in the previous calendar year. 3. County Surveyor. All plats submitted to the Clerk and Recorder indicating a vacation of county or public road right-of-way ·shall be submitted to and approved by the County Surveyor. E. Prohibited Vacations. The Board of County Commissioners shall not approve any petition or request to vacate a county or pubic road right-of-way when the following information has been submitted to the BOCC. 1. The subject county road or public road right-of-way provides any access to public lands (for the purpose of this subsection public land shall mean any property owned by the federal government or the State of Colorado). 2. The subject county road or public road right-of-way abuts or is connected to any property, including any easement owned by the federal government. State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail. 3. The subject county road or public road right-of-way is currently used or will be used in the foreseeable future for any county or public road purpose. The term "county or public road purpose" includes, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stoc;k drive, or placement of utilities. The term "foreseeable use" shall include a use projected or planned to occur within the next twenty years as such has been include in any adopted state, county, federal, municipal or special district facilities plan, comprehensive plan, zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the current or foreseeable use is presented at the time of public consideration of the proposal vacating resolution. 4. The Provisions of this section shall not be deemed to preclude the BOCC's denial of a petition or applicati9n to vacate a county or public road right-of-way for other reasons. Regarding location and Extent: The BOCC recently amended the ULUR to include the l&E provisions from state statute with a few nuances. We have not been able to actually add it to the text of the ULUR yet despite its form below, but is in effect now and set here for your convenience. Section 1-302{8)(2) The Planning Commission is responsible for reviewing the location and extent of public or quasi-public utilities, structures or uses proposed to be located in the unincorporated area of the County to ~etermine whether they are in conformance with the Comprehensive Plan. See Section 4-112 for process and 7-102 for standards. New Section: Section 4-112 Location and Extent Review Process. A. Location and extent review is mandated by Colorado law, Including, but not limited to, C.R.S. §§ 30-28-110, 22-32-124{1)(a) and 22-32-124(1.S)(a}, as amended. In the event of any conflict between these procedures and applicable state law, state law shall govern. B. The following projects shall be subject to location and extent review: 1. Public and charter schools; 2. Roads, parks, or other public way, ground, or space; 3 . Public buildings or structures; 4 . Public utilities, whether publicly or privately owned; 5. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, sale, lease, or acquisition of land for any road, park, or other public way, ground, place, property, or structure. C. The submission shall be in the form of an application by or on behalf of the board or governing body which authorizes or finances the project, Including a site development plan and narrative explaining how the project meets the standards of Section 7-102. For any road vacation proceeding, the application shall also comply with the requirements of Section 4-110. D. A pre-application conference pursuant to Section 4-103A is required . E. Once an application is technically complete pursuant to Section 4-103C, it shall be officially submitted to the Planning Commission which shall act within thirty (30) days after such submission or the submission shall be deemed approved. F. The Planning Commission shall conduct a public hearing within thirty (30) days after the submission is technically complete, in accordance with Section 4-103G; except that any location and extent review of a road vacation under Section 4-110 may be combined with any referral under the road vacation review and may then proceed as a public meeting, not a public hearing. G. The notice required for the public hearing shall be in accordance with Section 4-103F, except thC:lt the timeline for publication, mailing, and posting shall be not less than seven (7) nor more than thirty (30) days prior to the public hearing. H. The Planning Commission shall determine whether the project conforms to the Comprehensive Plan . The findings of the Planning Commission shall be communicated to the applicant. I. Further proceedings in the event of findings of non-conformity may include overruling of the disapproval by the applicable governing body in accordance with C.R.S. § 30-28-llO(l)(b) or (c), as amended, or the Planning Commission's request for a public hearing before the appropriate board of education, pursuant to C.R.S. § 22-32-124(1){a) or (1.S)(a), as amended. Public Hearing(s): 111. APPLICATION REVIEW FEES None Planning Commission (Public Meeting) Board of County Commissioners (Public Hearing) Board of Adjustment Planning Review Fees: $(To be waived by BOCC) The Board of County Commissioners has decided to waive the County's land use review fees, pay to have the public notice and additional survey work completed at the County's expense. General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoningt which is subject to change In the futuret and upon factual representations that may or may not be acc.urate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: Fred A. Jarman, AiCF~ Date RcccnlC:ol _______ o'clock_M. __________ _ R=ption No. _____________________ Roconler. WARRANTY DEED THIS DEED, mode ll1is May 9, 2008 duy of Muy 9, 2008, Moy 9, 2008 Between CARL W. TUITLE JR. fthc • County or hM<ond State of CO, anmlor, o.nd MANUEL P. GOMEZ AND TINA RENEE GOMEZ, as Jowl Tenanl.S wilb Full !light of Survivorship whoso les•l lldd1css is : 0118 Parlt.sidc l..:lne, C'1l'bondnle, CO, 81623 oru10 County of Gulic:ld ond Slate: of CO, gnintcc:: WlTNESSE111, TI1at the i;rontor for oo d in con.idcrullon of \he: sum uf $485 ,000:00 DOLl.ARS, the receipt und su/Ticicnc:y of which is hereby ucknowfcdsc:d, hu crualod, burguincd, :iuld a.nd conl'C)'Cd. and by these p1c>cnb docs punt, bore.Un, sell und convey and conlinn unlu U1t ~nanlc:c, his bci~ und assil!IU forcvc:r, all Ilic rcuJ pn>perly U>gctber wiU1 improvement.I, if uny, iituutc, lyini; und bcin& in U1c County of 011tlidd and Stille: of Colorudo duc:ribc:d ~s foffowx: A pa=l of land situ1tc in Loll 2 and 3, Sn:tioo 7, Towru1hip 6 SouU1, Rlloc• 92 Wc:s1 of U1c 6th Prineirol Merid ian, being Not1llcrly of U1c Nor11lwcstorly richl-of.woy or U.S . Hi~hwuy 6 und :?4 •nd more pirticu!11rly describe! o.s foll =wr. Bopinnina ut lhc Nor1hwcst comer of said Lot 2 (\ho 1/. comer common to Sa:tioa1 6 lllld 1); !hence North B9"1l'ID" Eai;t a diJ!oncc: of ;48.00 feet:, thence South 00•49·44• East o dil1oncc af 349.06 fc:I lo G poiot on the Nortbm1b:dy rigbt-of-w:iy of uid U.S. Hi!lh,vay 6 end 24; U1e111:c ulons 111id Hii;hway Soulh 76"34'56" West o distance: ofl80.:?8 feel; tbcn:c dcp1111in1 aaid Higbwuy Nofth 03"31'49" West o dio!Aocc of:?63.70 I.ct; U1c11ce Norlh 86":!8'11" EllSI D disLoncc of 40 .00 fci:t; thence North 04•3ns· WC$! • dislanc: or 167.16 feel; UicnCl! North 89°08'46" E"'1 D distil~•• of 6.34 rcc:1 to Che: Pain I orBcsinning. Also known ll5 l"an:cl I Spy.:hala Exemption llJ ~1uwn on the Plul lh=or m:onlcd Mon:h l :?, 199 I ua R.ci:cplioo No. 421787 TOGE1HER WITH any ond 1111 wulc:r nnd \volct ri9hl5, ditl:bct and ditch nsJ11» or w11y U;ct urc OJll'Urlenl)nt 10 subje1:1 p111pcrly, ti Uc to which it no! included in lhc \VD11111ttics Cl>ntcincd herein; includiDB but not limited ta: .88.5 "1111rcs of On.ad RiYCr Dit c:l1 Well Pcrmil # 03 8<117·f end lh: WQI Divide Waler Con9Cl'Vancy Distrid cor1tr11el lbut is oppllrlalant lo slid Wtll pem11t as known by i t=I und numbc:r 11S: 013 S Cowity Rond 2lS Rine CO TOGETIIER ,.;ii, all WKI linaulllr the bcrcdilAmcots and •rpurlcnonccs lhcn:la bclonsins. or in unywisc oppettaininc. and lhc n:vcmon and 1cvcrsion.s, rcmulndcr ond remllinden, mits, issua ond pmlib thereof, and ull the crlutc, ri9bt, liUe, intcrrsl, c:lllim 1111d d<'Tnund wliotJucl'Cr oftlic uni.nlor dlhcr in law or equity, of, in and lo the cbove burpmcd pn:miscl, with the h"'c:ditamcnls and nppunenom:cs. TO HA VE AND TO HOLD the soid pmniocs ob:>vc bwpincd lllld described, wilh the oppurtnnonec::s, unto lhc s11111lcc:, his hcin1 and uni;ru forever And the Oronlor, for himsclr, hii hcin1, end pelllOflGI rcpiescn!Ati•c1, doe1 covmunt, gronl, ba'!lain, and •s= lo und with lhe Gninlc:c, his heirs ind uaii;ns, lh•t ot tbc time of the cnxalini: and dclivc.y or lhc:se pn:scnb, he it well tciud of IJM: prcmisc1 ubave conveyed, ho GOod. sure, perfect, absolulc And indcfo111iblo C111llo o! inhcrit&incc, in law, in rec simple, and hu i:ood right, full pawcr nnd bwl\11 authority lo srwil, b-.ugain, !i<:U nnd canvqo lh• lllln• in manner und form u llfon:nid, and t~I the •omc arc fi'cc and clair from all former ond other sninll, buri;ains, SAies, liens, 111.'0:I, oneumeob, onc11n1bnlnccs end icstri<:tions ofwh•levcr kind or 1111turc JOCVct, cxccpl gca<tlll lllx:1 and 1wc11menl.s for the year :?008 und 111bscquent YOUD and ull thmc 1pecific cin:cp~ons d.,cribccl by rerercncc lo rcc:nrdcd documents AS rcOcc:ted in Commonwcollh Tille Compa,,Y1 Commilm:nl No. 08D404S TI1c 11rontor sholJ and 1ViU WARRANT AND FOREVER. DEFEND Uic llbove bargained prcmiJcs in the quiel und pcaccublc pcmess1on of U1c i;111n1cc, his hcil'll and rwieru. oguinst 111 und cvciy rcn<on or pcn;ons bwfully claiming th• whole or cny pan thereof The •insular number shltli Include the rtullll, lhc plullll the •ingulnr, ond the WC or sender 11:ull "" •rrflcoblo lo ..u pdc:n. lN WlmESS WHEREOF !hr i;nantor ho.t c•eculcd this deed on the dole set fonh abo~c. I STATE Of COLORADO ~ )~ ~ COt."NTYOF ~~4( ) ..- c::::s The (oiqioin; insltUmcnt was ocknow~cdgc:d befor e me on MnJ: WOS, by Corl W TutUc Jr .• Cvm~my~Zomci.1~cv• SALEH S. AJOUR NOTARY PUBLIC STATE OF COLORADO My Commission Expi1es 06/07/2011 S'\-c.\.., C:.. ,., ... r, Not111yPublto , ltt~~ 11111111111111111 lllll II l/11111111111111""1111 ~ j) t of 2 :9ii~~~~70 1~4~P 81034 P713 319 · 0.00 GARFIELO ClERK QUITCLAIM DEED THIS DEED, made this -11..... day or September, 1997, between MICHAEL T . SPYCHAIA and VALERIE A. SPYCHALA. whose address is 141 County Road 225, Rifle, of the County of Garfield and the State of Colorado, Grantors, and CARL W . TUTILE, JR., whose legal address is 135 County Road 225, P. 0. Box 335, of the County of Garfield and State of Colorado, Grantee. WTTNESSETH, that the Grantors, for and in consideration of the sum of Ten Dollars (SJ0.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the Grantee, his heirs, successors and 85Signs, forever, all the right, title, interest. claim and demand which the Grantors have in and to the reaJ property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Parcel t Spychala Exemption Plat recorded as Reception No. 421787 in the Office of the Oerlc and Recorder of Garfield County, also described as follows: A parcel of land situate in ~ts 2 and 3, Section 7, Township 6 South, Range 92 West of the 6th Principal Meridian, being Northerly of the Northwesterly right-of-way of U. S. Highway 6 and 24 and more particularly described as follows: Beginning at the Northwest corner of said Lot 2 (the v. corner common to Sections 6 and 7); thence N. 891111'10" E. a distance of 348.00 feet; thence S. 00949'44" E. a distance of 349.06 feet to a point on the Northwesterly rigbt-of- way of said U.S. Highway 6 and 24; thence along said Highway S. 76V34'56• W. a distance of 380.28 feet; thence departing said Highway N. 039 31'49" W. a distance of 263.70 feet; thence N. 86928'11" E. a distance of 40.00 feet; thence N. 04V32'25~ W. a distance of 167.16 feet; thence N. 89e08'46" E. a distance of 6.34 feet to the Point of Beginning, described parcel containing 3.28 acres more or less. Together with .885 shares of stock in the Grand River Ditch Company and the water in the Lower Cactus Valley represented by such stock. Together with the well, pump and casing located on said property and the right to aJI water flowing therefrom, known as Spychala Well No. 2, and represented by Wen Permit No. 038417-F. 11111111111111111111111111111 /11111111111111111111/ llll 513822 09/19/1997 12:47P 81034 P714 319 2 o( 2 R 11 .00 D 0 .00 N 0 ,00 GARFIELD CLERK TO HA VE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Granters, either in law or equity, to the only proper llSC, benefit and behoof of the Grantee, his heirs and assigns forever. IN WITNESS WHEREOF, lhe Gra ntors have executed this deed on the date set forth above. o/n£~, a'~( Valerie A Spycbala STATE OF COLORADO ) ) SS. COUNfY OF GARFIELD ) The foregoing instrument was acknowledged before me on this -1Lday of September, 1997, by MICHAEL T . SPYCHALA and VALERIE A SPYCHAI.A. Witness my hand and official scaJ. My commission expires: __ 1 .... /-..... f .... 5""--~ ~ r" ~ . c Rtc(•dtd .. , Jtc, cf'l •u'I. S1• WARRANTY DEED -11 ~~·.' .&.L'<> ,:I ~ Io ..... ~!~E812 THIS l>U.:D. M•d•· 1b1, l'l 8~ t>,,1 .. «11 8th "··~ "i September DONALD A. JONES ANO MARSHA L. JONES Garfield MICHAEL T. SPYCHALA AND VALERIE A. SPYCHALA 0141 -225 Road Rifle, CO 81650 ~o t 42--· I l I 'I ,f 'I 11 I . nf1hr; '"""'~ ur Garfield andS1.1cor Cnlnr.id11 ~ronlCC•-I Wlr.-1:.'i~. lh41 the ~Dnlnr , tor •Ad in <'on<ldct"dllUn nr lhc <Uni of 1 ---One Hundred Twenty Thousand and no/100-----------------l>OLLARS . 11>c n:«•f'I .,,.1,u1'1i.1<1><'~ of" h1d1 " hm:b)' ocLrw..,kJsod. ho• £r:>nicd. lw]:aincd. sold and ronYCyl:d, :11".I I>) 11>1:"" pm.cnl• doe• .cr•nl l\J1~•m ..ell. con·~~ •nd c11nlirn1 unio rhc #r.lnloc•. lhcir hcin and :o.\.<iin. f•~n. not in 1cn3llC)' in common l>Ut 1n pnt icnancy. · ! ~11 the rc.1: I"""""~-1<•i:cth<r ,..,,h 1mrrm"Cmcnt•. 1f •ny. '1tUalc . lying and h"in~ 1n Ilic Cnun1y of ; Garfield ond S1>1e nf Cnlruadt>, dcJ.cril>ed .. fnl!ow:o.. ·i I' SEE £XHIBIT "A" ATIACHED HERETO ANO FORMING A PART HEREOF :.l ..... • l.1M""·n h~ $1rttl .. nd number "'"' ,I ii ii ii I• ij Ii ,, ll ~ ! jl H p 0141 -225 Road Rifle, Colorado 81650 TOGF.l'Ht.11 .... ,,h •II •ntl ,;n~ul.r rhc hc:n:diumen!$ and appuncnanccs l~unto l>eloni:int. <If in »ny .. ·i..: •J111Cn:11n1ne •ncl 1bc ij ""'""~•n •nJ ~'Cf•ioo>. remainder •nJ rcma1ndcn, rents, i"ucs :ind prnfits lhercor. :u::I all rhc ""'""=· ni:hl. t1 lle, 1n1crcs1 . flaim and •l !.,_ ,1cmand "~'"'""'" of lhc ~r.intnr. Cllhcr in 1:114' C'lf equny. of, in and lo lhc above b:ar1aincd prcmi""'· w1lh lhc hcRdttamc:nl• and ~l'fluncn:mc~-. TO H -'''f: A "D TO HOLD the s:o1d premise~ ahovc bupined and ~I'd. wi1h 1hc llpf>Urten•nce•. un1111bc 1nnlte.•. thcir hM •"" ·--:tn' "'"''"'-And the Et:lntnr for him.cir. his hcin. and renonal rcpRSCftlllh'CS. dnc> CtM:Ranl rr.ml. bug1in 1111..r lgftC lo and "'Ith the i:r•nltt'<, their heir> and """E""-1ha1 31 lhc time mlhe CIUC21~ and dcliYC:ry ohhe>C: prncnt•, lie: i> \lo'Cll seii.cd nf the rrcmi>e• •ho\·~ ~OR\'1.')~d h3.' ~nnd ''"", rcrl<:<:I. ab>olUtC and indfCe;o,,iblc estate ar inhcmancc , 111 law, in roe Mmplc, <ind has good ri~ht, full I"""'' ""d 1 .... ·rur •ulhorit) lo i:rant . NfE•in . ...,11 and con''C)" lhc same in rnannc:t •nd form .ron:qid, and 1h111hc .amc arc frccandclcu fmm •II ~•nncr Jnd other ~r .. n1,, !mµm>, >alc" 1icns.1ucs, lf-'Cm:mlts. cne11mllr:onoc.• and rcstrl.:tion• of wha1cvc:r lind "' 1111urc "'~""' emr· See Exhibit .. B" attached hereto and forming a part hereof SlATL Of· COl.ORAOO Count} n l Garfield ·rhc h1tcl!01ftf m"'lrumcnl """'' ~l.no.,..l~,:i:tf hcfnn: m..: 1hi' h ) Donal.~ A. Jones and Marsha L. Jones • ·ir.1E s:r · j .. • •••' ...: I '- '• . ··-:~-·. . ,, i t. n r ·_+ \ \'.:. ~· .Lr ~ • ; ,, ' • \\.J : 0 ' 0 ..... ~. . " t I' .J~~ So. 9llA. Rn. J-15 . "'AHA~l I UtJ:ll lT•,... T..,.ob 1 8th September • 19 89 WNnc:" m)' twnU .;anU ulhcUI .a ·~~· 400 7th Street South Suite lDOO Rifle, Colorado 81650 ·i :1 I l ., ... EXHIBIT "A" A parcel of land situate in Lots 2 and 3, Section 7, Township 6 South, Range 92 llest of the 6th P.H., being northwesterly of the northwesterly right of way of U.S. Highway 6 and 24 and more particularly described as follows: 0eginning at the Northwest corner of said lot Z {the 1/4 corner common to Section 6 and 7) thence Horth 89°11 '10" East 348 .00 feet, thence South 00°49'44" East 34S.06 feet to a point on the northwesterly right of way of said U.S. Highr1ay 6 and 24, thence along said right of way South 76°34'56" West 796.60 feet; thence leaving said right of way North 00°51'41" West 522.66 feet to the North line of said Section 7; thence along the North line of Section 7 Horth 89"08'46" East 347.10 feet; thence Horth 89"08'46" East SZ .56 feet to the POINT OF BEGINNING EXCEPT that portion ·conveyed to Duane Scott in deed recorded September 26, 1984 in Book 657 at Page 345. EXHIBIT "B" 1. Right of the proprietor of a vein or lode to extract and reioove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in Unites States Patent recorded June 15, 1892 in Book 12 at Page 170. 2. Right of way for U. S. Highway 6 & 24 as contained in deed recorded June 25, 1931 in Book 15 9 at Page 280 and 281 and as shown on Colorado State Highway Department right of way Map Ho. 29 and 31. 3. Restrict ions as contained in Colorado State Highway Department R1 ght of Way Hap Ho. 31 which states in part ''in consideration of the construction of State Highway, Henry c. Fech, the grantor, herein agreed to prohibit the construction of any signs, bill- boards, or other advertising devices wi~hin 150 feet of the center Hne of the said highway", as shown on map recorded Februar.r 181 1936 as Reception No. 122991 and as shown· on map recorded February 1.a. 1936 1n a~ Reception No. 122989. 4. Euement and right of way for Cnunty Road No. 225 insofar as it .niay affect subject property. · 5 . Easement and right of way for overhead uti l ity lines as shown on the Improvement Location Certificate by High Country Surveyors dated July 19, 1989. 6. Encroachment of wood rail fence into adjoining property as shown on the Improvement Location Certificate by High Country Surveyors dated July 19, 1989. , ·' SPYCHALA EXEMPTION PLAT SITUATED IN LOTS 2 AND 3, SECTION 7, T.6 S., R.92 W. OF THE 6TH P.M. COUNTY OF GARFIELD. STATE OF COLORADO ''46" E 19.66' • Afl0 7. f'U. M?*. •1tt P.M. l 10.•· *C. ""SS <A ro •.•. -LOT 22. 1/4 CC:....£11 COMt.tOfl rD ~~ , H • ._ """"°'-tDI 2. t/4 CXlllNlO POwER UMCS \ I O..u!HEAO SEcnON7.T6S.R92W ~ -- --NOO"Sl'·41°WI \ \~ _.,.._..._.....:..._.~.-=-=-£.-·-·-~-==--·-····-·-·· NW eofmER ~ ~:,.m .~c~ • .uo 1. N 89"lle046· E 1568.79' I 30.00' "-• • - - --'--· (BASIS OF BEARING -NW CCft TO NI/• CCR) ....... " N nia·Jz• ~ 2l90,15 OCCEPTIOH ~ARCE\. eoc~ 657. PAGE 3•5 " \ GRAPHIC SCALE laDoD•~ ft. NOTES; 1. ENG;HEEAED rouNOATICNS AND INOl\/IUUM. SE ... AGE 01SPQSAL S'IS;r,.5 MAY BE REQUIRED OUE to POS:i:BI.: SOIW> UMI U TIONS. 2. PARta ~IS SUBJECT -0 ANNUM. PAYMEN~ ANO CONTRAC"\IAL OBLIGATIONS CONTAINED IN CCNTl!ACT NO. i00l17-IAS WITH 111< WEST DIVIDE CONSERVANCY OIS"!lllCT J. ThtS PROPERTY IS SUB.£Cr ~J EASEJ<EN~ ""° RIQl~"OF-WAY or A PUBtJC ANO/OR PR1VA It NA TUR£. ~· PCflU &.*£/ --"'""°'' ~lV~YOA' S S'!'ATEnD,. J • .JAllG "· »El'~, ca !llMr!I? STATE 70'%' l AMI A bC:t£tt•i=l CAHO SUllYSl't:A LlClllstD ~ffDtA THE tAl<S or 111! n~n er COt.CMOO, TllU ·~u ·rl..\l' u A TQUV.. CORJt.c'? MD COf\PL~'l'I! Pl.A'.t or Tiii s nCMAl.\ DEllP\'IO~. >.a I.A ID OU'I'. '1.Arrrc. CCDICATID AND Sll""M lll!•ectt. TllAT SUCH P<.J\T lllS ~D~ fAC~ A• ACCUIL\TC SO•YU er !I.\ ID PJtoPlltn PY JIE ~-0 ON'nglt Kl' ~UP~ .. Vt~rC'fll MID it:OIUtSCTLY snows TU! 1.CCA'f!OW litro Olll!MBIOll$ or Tffl WI',, •ASl<lln"T~ A•D STnUTI or &.\ID suao1v1~rON "" TH SAME ··~ STU so llPOn n• G•DUllll IH COMltlA~f lllnl OtUCt.a~t •ll;UU.TIC•S ~y·~" r ... TH• ~O&DtYUJCH er LAllD. t• ll!l'l'I~ llllU~Or r B~VP~ ~y or ~7!_ __ , A.o •• u;w ..,.~Jb~ue,.....,..-....,_..,......,_ ..... .a.mJ ~ ~ MnC1 ...... ~ ...... MIQ. ~ :.: =.t:.:=-.-: :i :c~-~.:::. ........ ,.... ........ ~ ........ ~ DU L -- Ex1snNGJ II ~l<lS11NC_r:><ISTINC PARCEL 2 4.220-% HOUSE 5>iEO A£B&A i CAP - ~S •IG8~Z SET CTYPJ ----- :z;' 0 "'' ~ i ~I "' °'' ~ I I I I I I l I I I I l -----~ .. s 1-11C.l"I~"'( 6 .It l':--- U• • ---------- -------------__. ------------ c:ocnrr,-suan10-•a CcJt'ttPlCAtt AHllovm re• ctlllTM: ~·D ~cwt (lll£f MIP ..or TB& ACCCIUO OP .IDavE1S, CALCUU!!Ollll ll, lll!APTtllll. PlmillNIT !O c.~.•. un. ~9·U•l8l AllO lU IHVlit~I· :,-) ' G;,i Lt!;ZBba 1£> ~ -··,1 -.... _,.. ... ·. - l 1\ l l ;;-!9"':J4·.lr-"'"t--J15".i7'- l \ I l -7\\ s J•'$1'l•" r l I l 7 ~5· PARCEL 1 l.aQ -,i, ,,l l I ~l I l ~I I l €1 I I t I <,. ~I ~I l \ ~~'"~o-•~ ~ I / POwtR UN~S. I I I I I I I I I V( ~~~~ol?" -- l-------------------~ --------------- ll&"PTl-C :t C-ICJl'?IF tCA'Z'I: c:ortMUIIC•US AT Q.nitl.D C:Olnrn. CQLOIUDO THU 'f";p-DAY 111U PLAT AtUOllt~ n ... Q,OTlOH Ct TYi BOAl!ll Ot cougr.., ' OP {HJ~~ . 11.0 •• uq1 . u PILI•<: llifl Br cLi!h ARD arcoaAll Ul.D COClllTY. Slieii APHOVAL 111 •a WA! t"PLl&:I THU 'l"HI tlCf"OMATJOll 1100 a1:a.r1tc u TRCC "'"D actUL\TC, •UT Cl';ll;:I INDICAn TBAT THIS PLAT I• nun ,.on MD •OT SUl)JICT TO AJc:tll.ATICll UllDn GA~rttto COUNTT 61JBDIYUIOll UCULATIOll~ AT 111 £ 'Til'C! er lTB Flt.INC, ~~~ cd _-. CllAtitwt 7 7 a.ti.t. or Tite c;:outt't't or aA.Jtr' Ct.ti ATTfD'l"I ~ a(a4~- CUU &MD IU:COlll>l:a'I C!ATIPTCAU •, t'1US FLAT '°"' , JI.ED re~ •eCOftl) UI _1:11! orr1ce er TKE Ctn .. AND RZCOSDlll OF curtlLO cot:ll?Y AT _Q.:J __ <>'CLOCl _iL.M., ~ t'11~ ~DA! or~. A.O .. 1'5hr Niii> u D\IL! ::o ~~ ---' P~ , IPrIOS 'llitft-~4 C.P 6 J .,Sl:J. t, PR 10 •10•.I U1 ;?4,, '!d«A...J *' ..... . ~ J. ') ..... .1- PROPERTY DESCRIPTION VlCINlTY MAP SCAl.L 1· -2DOO' ~ t ey.,./A ·· . , I t A PAllCSI. Qp LAND SITUATE Ill W1'S a Allll !, 'l!C'HClll T, 'nlWll.llHIP I 'Ol1TI, -· n NEST OP nnt ITJI HtllCI~!. ,..lllllr~•. HtllG POnl!Ut.r OP TD NOllTllWUTCllW '11'tt-Dr-11Ar -01' 11.1. lll'CllllAY ' &110 . H lllD llORK PAltt'ICOtARt.Y DUCJllllD M ~l.UMSl ntOintillC u THI ROll'fllWHT Ctlmll!S or SUit wr i t!lll l/4 CODD. CCllllON TO S&CTTOlll '•llD 711 THllCI • 8•U'IJ1° I.& DISTAllC! er Jo.oo rsr.; l'Hacr s ao•o•u• 1 A 11r.1:ra•c1 or lct.01 nrr te IL POINT cm 'rlll NOl1'11H~'l"lllLY ,rem--or-a.i or .,..m u.s. U-Ar' JlllQ l4r ~nia:a llttl!ICI fAID ltCl-r. 71"U''"'. A OJl'IMtCI OP JI0,2t FUT I TllG<:J DaPAttt~ IUP HIOWllU M Q3 •H 'tr• W A DJITAIC:S Oe' ~C~· !~a ~;~1 11 T:':i:T:~·~ • u; .. r.-,:-rsr;;a..: ~·~~~::' :i:-a Ot•t•toe• OP •• H ran ~ TU l'<lZll'f er -11111~. DtlC:UHC PUCll. CO"llTA1'11UG J, 21 ACHll llOH Oii I.QI, l!llaL 2 A PUCIL OP UJIO 51TUATI t• I.OTB 2 Ufll J, SICTIClll T, t'OS!<Hll I 1011'1'11, MllOI u ft&T QI' TH l'nl .n1•e"&L •U1'UW, enwo NO,...WllU.J or TH •ORTIPIUTULt UGtr.'.Or-•or Of' u.1. HIGllNAl ' HO H tJ&D ltOU PAll"rlCUt..UU Dlll<:.1111111 '"5 al:.l.Ollll COtlMINClllG Af TH N0A1>1W<er. conn or IUD LOT a I TllC 1/4 COHCl C'-CU ?(I S!CTJO•S ' ARO TIJ 'r!!HCI I u•oa•u• II A DIBVJ<C& Cl '·IC PUT TO r•! POlwt or HlltllllU•Cr !ltltel' ot0 32'l5' ! A 01s1aNC1 or u1.u, T11uc1 1 1.o•n•u· v " ors-:a-cz or to.oo rcn1 T•SNCE I 03'>1' o• c A DUTA&CC cr 261. TO FUT 1tl Tll HQll'l'lf1IUTlkLJ •1alil'-¢P-WA! CW D. 5. BJCM"Af C UD 2~ > THHC~ ALONG SAU HIOHWAY S 7''!4' 51' M A DU1&10CE OP Ui.J2 FEU1 THlllCI OIPARTIMO SUD RHillT-ct •WAr II 00'51 '41' II A DUTAllCI OP 4!2, U FUTr THDCI II u•o•· n-I A Dl4TAllCJ or 410.00 rHT1 'fllHC! • ao•s1 •u. II A 11UT....C~ or l4.0G" ""' UEllCC a "*Ot'o· I A DIS~Allt! OP ll. n rui to T!IS ..,ua ~ Nelip!IJH<, ;DE50ll:H:> PAllCll. CCll1!&fll(llQ 4.;!J KJU ·~ 111\-·m&..· ~=-.._, ~ "0.I o.i.ot ~£\\SION PREPARED FOR MICHAEL & VALERIE SPYCHALA 141 COUNT( ROAD 225 RIFLE. COLORADO 81650 .. IJ'Y IDOi!~~""'· UI Ol.IM1IOOll -co llecll ots. CK. ""'" FIL£ NO. • (1CIS) -...... OR. HMS DA't•O/IG/tO 9046.071 / BOUNDARY EXHIBIT COZzA PARCEL AP ARCEL OF LAND BEING A PORTION OF GOV'T. 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Garfield Coun o..mtr~·am.,. zag Btb stre.tt. 3UJIA ZOl ClelJYDOd Sprlop. C4'ando 8Jdlli PH..(Vlo) 1>45-1$71 sr l~ '~ (no) 3/U-.$460 Prepared for. Geriidd County Attorncya' omcc 108 8th Street, Suite 219 Glenwood Springa, Co 81650 111.t-~ Pl. 5GA a. SEA UA"l'e ~IO !!! UY r!IOICtNO, OfilO(IS-o3 $ll!B1" " OF ,.