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HomeMy WebLinkAbout5.0 CorrespondenceRECEryECErviitl DEC 2 0 2011 GARFIELD COUNTY Memorandum + BUILDING & PLANNING DATE: December 19, 2011 TO: Eric J. Gross, Whitsitt & Gross, P.C. FROM: David Mork and Nanna Schov SUBJECT: Narrative of Lots 7, 8 & 9, Rock Creek Subdivision, Garfield County, Colorado Rock Creek Subdivision was first platted and recorded in Garfield County in June of 1972 and was comprised of 13 lots, all of which were 5 acres or more and zoned AR -RD - 2. (Agricultural -Residential -2 acres or more) as I recall. My future wife and I purchased Lot 9 in 1979 and our neighbors of 20+ years purchased Lot 7 several years prior. At the time, most of the Lots were owned by the original subdivider, including Lot 8. In 1988 the subdivider needed to sell all his remaining Lots in the Subdivision and our neighbors and we purchased Lot 8 in August of that year as Tenants in Common. In 1994 our neighbors informed us that they hoped to retire and and sell both Lot 7 and their half of Lot 8, though they ultimately did not sell until many years later. Thus, our neighbors and we agreed to amend the plat of Lots 7, 8 and 9 and did so that summer. We had Lot 8 surveyed and each of us acquired their respective adjoining portion of Lot 8 (2.79 acres each). This plat became known as the Amended Plat of Lots 7, 8 and 9 - Rock Creek Subdivision and was recorded on July 6, 1994 as Reception No. 465473. This caused Lot 8 to be vacated and Lots 7 and 9 to increase in size to roughly 8 acres each. Since that time Lots 7 and 9 have continued to pay 1 1/2 Tots worth of the operating costs of the subdivision and to have 1 1/2 votes in any matters coming before the subdivision. At this time our new neighbors (of the past decade) and we wish to vacate the Amended Plat of Lots 7, 8 and 9, to recreate Lot 8 as it previously was platted and to once again become owners of lot 8 as Tenants in Common. Since 1972 and to this day their still remains a dedicated underground water tap, natural gas and electric service and communication lines to the former Lot 8 for this lot's exclusive use. Thus, vacating the Amended Plat will not cause any negative impact on either the subdivision or the county. Likewise, we do not know of any new impacts that would be created. Our neighbors and I would respectfully request of Garfield County that Lot 8, Rock Creek Subdivision be 'reinstated' as it previously existed for more than 2 decades. cc: Michael Shook Garfield County December 23, 2011 Eric Gross Whitsett & Gross, P.C. 320 Main Street, Suite 200 Carbondale, CO 81623 eig@roaringforklaw.com BUILDING & PLANNING DEPARTMENT Reference: Amended Plat Vacation — Rock Creek Subdivision, Lots 7, 8, and 9 File Number FPAA-7099 Dear Mr. Gross; The Building and Planning Department has received the request to vacate the amended plat which incorporated the area of Lot 8, Rock Creek Subdivision into Lots 7 and 9. The requested vacation of the amended plat will allow the legal descriptions of the properties to revert to the original final plat of Rock Creek Subdivision, a plat which created thirteen lots of approximately 5 -acres apiece. This application is an Administrative Review that results in a Director Determination of whether to approve or deny the request. It is your responsibility as the Applicant to complete the public notice requirement. Please mail the attached letter, certified mail with return receipt requested, to the adjacent properties within 200' of the subject Lot 9 and Lot 7 of the Rock Creek Subdivision. You must provide both proof of mailing and proof of receipt prior to the Director Determination on the application. The notice is required to be sent at least 15 days prior to the January 16, 2012 date of Director Determination. This application is somewhat different from a standard Amended Plat application therefore the Director of Building and Planning will refer the application to the Board of County Commissioner's for review at a public meeting to be held on Monday January 16, 2012 at 1 p.m. That hearing will occur at 108 8th Street, Glenwood Springs, Colorado in the Commission Meeting Room. Please let me know if you have any questions on this process or your responsibilities in the process. Cc: File 108 Eighth Street, Suite 401 •1Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 PUBLIC NOTICE TAKE NOTICE that Nanna Schov and Ann M Geupel Revocable Trust have applied to the Director of Building and Planning, Garfield County, State of Colorado, to request the vacation of an Amended Plat of Lots 7, 8, and 9 - Rock Creek Subdivision, on property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: Amended Plat of Lots 7, 8 and 9 - Rock Creek Subdivision 273 Crystal River Road and 361 Crystal River Road Vacate the Amended Plat which incorporated Lot 8 into the two adjacent lots, Lot 7 and Lot 9. The vacation of the amended plat will allow the legal descriptions of the three lots to revert to the originally approved Rock Creek Subdivision Final Plat. reviewed All persons affected by the proposed Administrative Review to vacate the Amended Plat of Lots 7, 8 and 9 of Rock Creek Subdivision are invited to comment on the application. You may state your views by letter or you may call the Building and Planning Department at (970) 945- 8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will refer the decision on this application to the Board of County Commissioners at a Public Meeting to be held on Monday, January 16, 2012 at 1 p.m. in the Ciommission Meeting Room, 108 8th Street, Glenwood Springs. Any comments may be provided prior to, or at, the public meeting. Planning Department Garfield County Ann Geupel 53 S. Beach Road Hobe Sound, FL 33455 772-349-0250 To whom it may concern: 1, Ann Geupel of the Ann M. Geupel Revocable Trust, owner of record of 0273 Crystal River Road, Carbondale, CO, 81623 (Lot 7 of the Rock Creek Subdivision), hereby authorize Michael Shook to act on my behalf for the reinstitution of Lot 8. We hereby request that the public meeting scheduled for Jan 16th, be continued to February 13,2012. Sincerely, Ann Geupel •d OCCE 13Cd3S131 dH WdEZ:T OTO2 60 Uer ROCK CREEK SUBDIVISION HOMEOWNERS ASSOCIATION P. 0. Box 1044 Carbondale, CO 81623 (970) 963-0578 January 27, 2012 Kathy Easley Garfield County Planning and Zoning 108 8th street Glenwood Springs, CO 81601 Re: Rock Creek Subdivision Re-creation of Lot 8 Dear Kathy, Thank you for meeting with me on January 11, 2012. I am the President of the Rock Creek Subdivision Homeowners Association ("HOA"). I understand that Ms. Geupel and Schov wish to re-establish Lot 8 by asking the County to vacate the amended final plat filed on July 6, 1994 which eliminated Lot 8. Please be advised that the HOA did amend its covenants after the vacation of Lot 8 occurred and more than 2/3 of the lot owners agreed that there could be no more than 12 lots within the subdivision. The recreation of Lot 8 violates this amendment. The amendment was signed by Ms. Geupel and filed with the County on December 24, 2009. A copy of the amendment is enclosed for your reference. The HOA does not object to the recreation of Lot 8 under the condition that the Applicants be responsible for ensuring that amended covenants are prepared and filed and that they pay the costs of amending the covenants to allow for a 13th lot. In addition the HOA asks for a provision that prohibits any further subdivision of lots in the subdivision since the infrastructure of the subdivision cannot accommodate more lots. I note that the County has determined that no other agency needs to review the request and the request should be approved. If this is not the case then the HOA should be advised of any and all agency review since the HOA owns the water system and road. The HOA writes this letter based upon the information in your file on January 11, 2012. I understand that the hearing is now set for February 13, 2012. We respectfully request to be provided with any additional information or reports as they are received or issued and that we be advised of any change of the hearing date. Sincerely, Enclosure 1111IIn P111,110,111i TWA 111,191th 11III Recent ion#: 779688 12/24/2009 11:21,35 RM Jean Alberico 1 of 10 Rec Fee $96.00 Doc Fee0.00 GARFIELD COUNTY CO THIRD AMENDMENT TO THE PROTECTIVE COVENANTS OF ROCK CREEK SUBDIVISION GARFIELD COUNTY, COLORADO WHEREAS, the Protective Covenants of Rock Creek Subdivision (hereinafter referred to as the "Covenants") dated June 21, 1972 were recorded at book 432, Page 200 in the Garfield County Clerk Records; and WHEREAS, an Amendment to the Covenants dated September 6, 1972 and recorded at Book 455, Page 111 in the Garfield County Clerk Records allows for changes or modifications to the Covenants upon the affirmative vote of the owners of two-thirds (2/3) of the lots in the Rock Creek Subdivision; and WHEREAS, the undersigned owners representing at least two-thirds (2/3) of the lots in the Rock Creek Subdivision desire to amend the Covenants by restating Paragraph I P. NOW THEREFORE: We the undersigned Lot Owners hereby approve the restatement of Paragraph I P, after which it shall read as follows: P. RESUBDIVIDING No lot in the subdivision shall be resubdivided into smaller lots or conveyed or encumbered in any less than the original dimensions of the of the lots as shown upon the recorded plat thereof unless the resubdivision is by lot line adjustment between contiguous lots and the lot resubdivided shall contain not less than four (4) acres. No new building envelopes shall be created as a result of such resubdivision and in no event shall there be more than twelve (12) lots in the subdivision which shall be Lots 1 through 7 and Lots 9 through 13. /Frreit. i4eco AD.d6 /ZEr'0 S Aoe!e CiteEi SuL3 a/eJt3ioA to. ,Sox /oi e?. 04i241›.4D4Le CO $/623 yGi !G 11111 i iYr, VitriVJ6+,!1/2MINCILEINIrrllni 11111 Receptiontl: 779688 12/24/2009 11:21:35 RM Jean Rlberico 7 of 10 Rec Fee:$96.00 Doc Fee -0.00 GORFIELD COUNTY CO Lot 7 — Ann M. Geupel Revocable Trust STATE OF FLORIDA COUNTY OF 11\ Q\X,ln.d The foregoing instrument was subscribed and sworn to before me this day of "0_4)2, 2009. 'it CAROL APREY/ Notary Public, State of Florida Commleslon# DD 581444 My comm. expires Aug. 3, 2010 C wattO.-c&t Notary Public in and for the State of Florida From: Michael Shook To: Kathy A. Eastley Subject: Re: Rock Creek Subdivision, Lot 8 Date: Saturday, April 14, 2012 9:01:16 AM Kathy, Please send my apologies to the County Commissioners, but we are going to have to cancel our scheduled May 7th hearing that we requested. We simply have a few issues to ironout before we commit to the lot adjustment and changing ownership. Please confirm that you received this. Thanks for all of your help! We may revisit it in the near future. Michael Shook Alta Properties The Fly Fish Guide Co. Shookna flyfishguide.com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax On Feb 13, 2012, at 3:17 PM, Kathy A. Eastley wrote: Michael, I explained that you were unable to make the meeting. They continued to the May 7th date that you requested. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.conn don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: Michael Shook [mailto:shook@flyfishguide.com] Sent: Monday, February 13, 2012 10:18 AM To: Kathy A. Eastley Subject: Re: Rock Creek Subdivision, Lot 8 Kathy, Unfortunately, I can't make it this afternoon as I have my 3 year old and no sitter. I left a message for David Mork to see if he could make it. I'll let you know once I hear. Otherwise, we'd appreciate it if you explained our situation to the board. Let me know if you have any questions. Thanks Kathy! Michael Shook Alta Properties The Fly Fish Guide Co. Shooklflvfis hau ide. com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax On Feb 13, 2012, at 8:43 AM, Kathy A. Eastley wrote: Thanks for keeping up with this, if someone could be here this afternoon it would be best just in case the Board has any questions. If no one is able to appear please let me know and I will explain that to the Board. Thanks Gentlemen. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext, 1580 Fax: 970-384-3470 keastley@garfield-county.coni I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: David Mork [mailto:amork@sopris.net] Sent: Sunday, February 12, 2012 3:18 AM To: Michael Shook Cc: Kathy A. Eastley Subject: Re: Rock Creek Subdivision, Lot 8 Mike: l assume that Kathy will make the request of the BOCC and that we need not attend unless she believes our presence to answer a question or two will help persuade the BOCC of the reason to continue the meeting for several months. Do you plan on going to the 1 PM hearing on Monday? Thanks, David On Feb 10, 2012, at 9:42 AM, Michael Shook wrote: Great. Thanks, Michael Shook Alta Properties The Fly Fish Guide Co. Shookcflvfishauide.com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax On Feb 10, 2012, at 9:38 AM, Kathy A. Eastley wrote: Only the Board of County Commissioners can continue the meeting — we will make that request of them on Monday the 13th at 1 p.m. I will let you know what they decide. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: Michael Shook[Jnailto:shookCahflyfishguide.com] Sent: Friday, February 10, 2012 9:34 AM To: Kathy A. Eastley Subject: Fwd: Rock Creek Subdivision, Lot 8 Hi Kathy, Just following up to make sure you got the email below? I never heard back, but hopefully we were granted the continuance for May 7th. Thanks, Michael Shook Alta Properties The Fly Fish Guide Co. Shooklc)flvfishauide com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax Begin forwarded message: From: Michael Shook <Shook@flyfishguide.com> Date: February 3, 2012 12:33:51 PM MST To: "Kathy A. Eastley" <keastley©garfield-county.com> Subject: Re: Rock Creek Subdivision, Lot 8 Kathy, Thanks for your diligence on this. Can we schedule a continuance for May 7th, 2012? I spoke with David Mork, and this date works for him as well. Let me know if you need anything more formal than this. Thanks, Michael Shook Alta Properties The Fly Fish Guide Co. Shook(8)flytishau id e. com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax On Feb 2, 2012, at 8:43 AM, Kathy A. Eastley wrote: Well, the Alps is much more exciting! I hope you had a great trip. Certainly we can request that the Board continue the action, I will have to double- check with the attorney's office regarding the notice issue. At worst we will have to do the notice over, but I think that we can avoid that. If it does get continued let's make sure that you have enough time to take care of everything, the Board meets the first three Mondays in May, the 7th,14th and 21st We need you to suggest a date and then we will make the request to the Board on the 13th Funny how the "easy" things always seem to be a bit more complicated than originally thought! We will do our best to request that the Board continue the action and not require additional notice. Thank you. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: Michael Shook[mailto:ShooMflyfishguide.com] Sent: Wednesday, February 01, 2012 7:50 PM To: Kathy A. Eastley Subject: Re: Rock Creek Subdivision, Lot 8 Kathy, I apologize for not getting back to you sooner. I just got back from a long awaited two week trip to the Alps in France and was disconnected. Unfortunately, re-establishing lot 8 and determining the correct owner/partnership has become much more complicated than we originally anticipated. There are now lawyers and lienholders involved, which has slowed things down immensely. Is it possible to extend the continuance until later this spring? Like April or May? The owner of Lot 7 (Ann Geupel, whom I represent) may be purchasing lot 8 in its entirety from Lot 9 (David Mork), but we have now learned that a few things have to happen first. Let me know if this is a possibility. I know David put a lot of work into noticing all of the neighbors and we hate to have to do this all over again. Thanks Kathy, Michael Shook Alta Properties The Fly Fish Guide Co. Shooknflyfishauide.com 970-963-1084 Office 970-618-6795 Cell 970-692-2411 Fax On Jan 31, 2012, at 11:38 AM, Kathy A. Eastley wrote: Eric, I just received the attached documentation from Tom Crawford of the homeowner's association. Please respond to the request to amend the covenants, would this be acceptable to your clients? An update to your progress in determining the owner of lot 8 would be appreciated. Any information to be provided to the Board of County Commissioners must be received by Monday, February 6, 2012 so that it may be included in the staff report and exhibits for the meeting. Thank you. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby <HOA Comments.pdf5