HomeMy WebLinkAbout1.0 Application•
GARFIELD COUNTY RECEIVED
Building & Planning Department
108 8th Street, Suite 201 JUN 0 d 2003
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Fac ii0 t'I lei
www.qarfield-county.com
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AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant)
Street Address / General Location of Property: The Rapids on the Colorado
subdivision — Lots 24, 27, 28 and 4.05 acre Common Open Space tract.
Legal Description: Lots 24, 27, 28 and Common Open Space tract (4.05 acres).
Located in The Rapids on the Colorado subdivision.
Subdivision Name: The Rapids on the Colorado
Description of Proposal:
Adjust property lines to provide more open space on west side of pond. The area is
needed to improve safety associated with the existing trail location.
The property line adjustment will permit the walking trail on the west side of the pond to
be relocated from the top of the bank near the water to the ground level west of the pond.
Modify text in Plat Note No. 4 regarding location of leachfields to comply more closely
with Garfield County regulations.
Delete: "Must be located a minimum of 100 feet from the rear building envelope lines
Add: "Must be located a minimum of 50 feet from stream or water course "
The text modification will permit houses to be located closer to the street and set back
from the edge of the flood plain and it more closely reflects Garfield County regulations.
Name of Property Owner (Applicants):
Rapids Development Corporation and The Rapids Homeowners Association. (Joint Appl.)
2102 West Arapahoe Drive, Littleton, CO 80120-3008 Fax: 303-798-1750
Name of Owner's Representative: Mountain Cross Engineering, Attn: Chris Hale
826 1/2 Grand Avenue, Glenwood Springs, CO 81601 Fax 970-945-5558
STAFF USE ONLY
Doc. No Date Submitted TC Date
Planner: Hearing Date:
Zone District:
APPLICATION SUBMITTAL REQUIREMENTS
1. A narrative explanation of the reason for the application.
Two changes to the Plat are requested. The first is a lot line change that will permit a path to
be built away from the edge of the pond upon the 4.05 -acre open space tract. The move will
provide improved safety for seniors and children. The lot line adjustment adds ten feet more
space on the west side of the open space tract and also straightens the south boundary of
the open space tract. The adjustments will improve the path location and provide a much
higher level of safety for seniors and children.
The second requested change is a text change that will correct Plat Note No. 4 to make it
reflect more closely the wording in Garfield County regulations. The change would:
Delete:: "Must be located a minimum of 100 feet from the rear building envelope lines
Add: "Must be located a minimum of 50 feet from stream or water course ".
The text correction will permit houses to be located closer to the street and further from the
flood plain boundary.
2. The consent of all land owners involved. Copy of the deed showing
ownership of the parcel(s).
The applicants jointly request this application be approved and acknowledge their consent by
the execution and submittal of this Amended and Corrected Plats Application.
The 97.214 -acre property was deeded from Gene R. Hilton to Rapids Development
Corporation (Reception No.513352 in Book 946 at Page 387). Reference copy of deed
attached.
Rapids Development Corporation then deeded the open space tracts shown on the plat to the
Rapids on the Colorado Homeowners Association (Reception No. 513355, Book 961 at Page
319). Reference copy of deed attached.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent to
adjustment.
A copy of the existing Plat is attached as Exhibit "A"
A copy of the proposed Amended Plat is attached as Exhibit "6"
4. The applicant shall sign the "Agreement For Payment": form and provide the
$150.00 Base Fee with the application.
An executed copy of the Agreement For Payment is attached along with a check in the
amount of $150.00.
5. Provide 2 copies of the Application. Staff will request additional copies once
the application has been deemed technically complete.
Two copies of the application are attached, including all exhibits and attachments.
JJL.21.21203 3:30PM
LOYAL E. LEAVENWORTH
SANDER N. KARP
DAVID H. McCONAUGHY
JAMES S. NEU
JULIE C. BERQUIST
SUSAN W. LAATSCH
NICOLE D. GARRIMONE
ANNA S. ITENBFR°
MICHAEL J. SAWYER
TERESA L. HOCK
JOSLYN V. WOOD*
*Of Counsel
LEAVENWORTH & KARP
LEAVENWORTH & KARP, P.C.
ATTORNEYS AT LAW
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (970) 945-2261
Facsimile: (910) 945-7336
lel@lklawfirnicom
July 21, 2003
Ms. Tamara Pregl
Senior Planner
Garfield County Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Rapids of the Colorado Amended Plat
Dear Tamara:
NO. 138 P 2
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DENVER OFFICE:*
WAZEE EXCHANGE BUILDING
1900 WAZEE STREET, STE. 203
DENvE.,R, COLORADO 80202
Telephone; (303) 825-3995
Facsimile: (303) 825-3997
*(Please direct all correspondence
to our Glenwood Springs Office)
VIA FAX (384-3470)
We have reviewed the contents of your letter of June 12, 2003 as it relates to a proposed
Amendment to Plat Note 4 of the Final Plat as it relates to the leachfield setbacks. You indicate in that
letter this cannot be done through the amendment process, but that if it is scrivener's error, you would
reevaluate the request for this amendment.
We contend that Plat Note 4 must be a scrivener's error, since that Note makes no sense as
written. If the leachfield setback is measured from the rear building line of the lots in question, the
leachfields would be located well into the Colorado River. By referencing the rear building envelope
line, the logical assumption is to go north away from that line and the building envelope. We believe
that what was intended but not stated correctly is that the setback should conform to the County's
Sewage Disposal Regulations, which require a setback of 50 from any stream or water course. We
would be happy to add the high water line or the flood plain line to the plat. I believe the high water
line is shown on the plat by the arrow demarcations on each side of the lot line, although it is not
labeled as such. Likewise, if you would measure 100 feet in the opposite direction toward the front
of the lots (from the river as required by the Sewage Disposal Regulations), the leachfields would be
located squarely within the building envelopes. Neither of these alternatives is feasible, cannot be
what was intended, and must therefore be a simple error in the wording of Plat Note 4.
I:\2oo3\CiicaW. ip 4$14W$rocsgt-1.v as
JUL. 21.2003 3:30PM LEAVENWORTH & KARP NO. 136 P 3
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LEAVENWORTH & KARP, P.C.
Ms. Tamara Pregl
Page 2
July 21, 2003
Please let me know if you need anything further. Thank you for your reconsideration of this
request for an amendment of the Final Plat of The Rapids of the Colorado.
LEL:
cc: Gene Hilton
C_\zoo3\Cliecrs'Rsp;La\Teners1pregi.1. wpd
Very truly yours,
LEAVENWORTH & KARP, P.C.
• •
September 23, 2003
Mark Bean
Director of Building and Planning of Garfield County
Suite 201
108 Eighth Street
Glenwood Springs, CO 81601
Attn: Tamara Pregl
Re: Rapids on the Colorado Amended Plat
Dear Tamara:
Attached is a check in the amount of $ 123.40 made payable to Garfield County
Treasurer as requested in your invoice on August 29, 2003.
Attached are two draft copies of the Amended Final Plat The Rapids on the Colorado
with the 100 -year floodplain of the Colorado River and Garfield Creek delineated and with
Plat Note 4 modified as provided in your letter dated August 18, 2003.
A revised site plan, illustrating the relocation of the walking trail, is also submitted for
your records.
Your assistance in this matter is appreciated.
If you have questions regarding the plat or site plan, please contact Lea Leavenworth
for legal issues (945-2261) or Gene R. Hilton (303-798-1640) for other matters.
Sincerely,
Applicant:'
Gene R. Hilton, President
Rapids Development Corporation
Applicant:
Gene R. Hilton, President
Rapids Homeowners Association
•51335I51019/09/11 I!919I7 1' :3111111BIg6I1I'19 II'II"I
1 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK
QUITCLAIM DEED
This deed, made this ,5,7,,7 day of (±),_ 1997. between the RAPIDS
DEVELOPMENT CORPORATION (Grantor) and THE RAPIDS ON COLORADO
HOMEOWNERS ASSOCIATION (Grantee):
WITNESSETH, that the grantor for and in consideration of the sum of One Dollar and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. has
remised, released, sold, conveyed and quit claimed, and by these presents does remise, release. sell,
convey and quit claim unto grantee, its successors and assigns forever, all right, title, interest, claim
and demand which the Grantor has in and to those parcels of land depicted and described as
"Common Open Space" on the plat file for public record in the Office of the Clerk and Recorder of
Garfield County, Colorado as Reception No. 5/.535.3 (-Hereinafter collectively "Properties"),
subject to the following conditions and limitations:
1. The Properties shall be used by the members of the Rapids on the Colorado Homeowners
Association exclusively, as open space and said use shall be subject to all the limitations and
conditions contained and set forth within the plat filed for public record in the Office of the Clerk
and Recorder of Garfield County, Colorado as Reception No.,5/3 j (Hereinafter "Final
Plat"), Garfield County Board of Commissioner Resolution No. 96-70 and the Protective Covenants
for the Rapids on the Colorado Subdivision, filed for public record in the Office of the Clerk and
Recorder of Garfield County, Colorado at Book/D Page 5 Reception No,5/3„5,.Z.
2. All costs and expenses incident to the maintenance and upkeep of the Properties shall be
the exclusive responsibility of the Rapids on.the Colorado Homeowners Association.
3. The grant herein is subject to all easements and rights of way of record or presently in
place within the Properties and/or depicted therein upon the Final Plat and subject to the rights of
the beneficiaries of such easements and rights of way to make use thereof.
It is the purpose herein that the terms and conditions hereof shall extend to and be binding
upon the Properties and shall be a covenants running with the land.
Quit Claim Deed - Water Rights Page 1
Recorded at
Receptipo.
1 of 2 R 11.00 .00 N0.00 GARFIELD CLERK`
SPECIAL WARRANTY DEED
THIS DEED, made this 3e' day o
1997, between Gene R. Hilton grantor( , and Rapids
Development Corporation, a Colorado corporation
whose legal address is 2102 W. Arapahoe.
grantee(s):
WITNESSETH, That the grantor(s). for and
in consideration of the sum of Ten and 00/100
Dollars ($10.00) and other good and valuable
consideration. the receipt and sufficiency of which is hereby acknowledged, has granted.
bargained. sold and conveyed, and by these presents does grant. bargain, sell. convey and
confirm, unto the grantee(s), its successors and assigns forever. all the real property, together with
improvements, if any, situate. lying and being in the County of Garfield. State of Colorado as
described as follows: see Exhibit A attached hereto and incorporated herein by this reference.
also known by street and number as: Vacant Land
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents,
issues and profits thereof; and all the estate. right, title. interest. claim and demand whatsoever
of the grantor(s), either in law or equity, of, in and to the above -bargained premises. with the
hereditaments and appurtenances:
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee(s), its successors and assigns forever. The grantor(s). for itself
its successors and assigns. does covenant and agree that it shall and will WARRANT AND
FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the
grantee(s), its successors and assigns, against all and every person or persons claiming the whole
or any part thereof, by, through or under the grantor(s).
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth
above.
STATE OF COLORADO
Cita
County of 1�e'n)er
) SS.
ii
/le/ n�
Gene R. Hilton
The foregoing instrument was acknowledged before me this Rrd day of a-Dtern
_, 1997, by C13eyre_:-2. VICICTs
Q',WPDATAVPG‘HILTOMRIVPROP.0Tr3PECti.'.MR. MIL • kvrmrmr ), IDC" CO 1:..-,
Witness my hand and official seal.
My commission expires: 1 -a0-°
•� 41R),IS9.¢n
Notary Public
°Gt4.C.I4
Bank of Colorado -Western Slope
P.O. Box 520
Glenwood Springs, CO 81602
513352 09/09/1997 10:19A B1032 P946 388
2 oil" 11.00 D 0.00 N 0.00 GARFIELD CLERK
EXHIBIT A
A tract of land situated in the SW1/4 of Section 4 and the SE1/4 of
Sectary 5, Township 6 South, Ronde 91 West of the 6th P.Y. drxn'bed
as foAkoirs:
inning at the Southwest Comer of said Section 4; thence H 0' 50'
W 43& 10 feet along the West line of sora Section 4 and along the
Easterly Mie of that parcel of fond described Ai Book 570 al Page 266
in the Office of the Garlick/ County Clerk and Recorder; thence N 75'
43' 18" W 101.89 feet; thence N 17 08' 41" W 11559 feet, thence N
5J' 47' Od' W 177.75 feel to the cenlrr of the Colorado River; thence
along the center of said river N 2J 43' 15' E 339.10 het; thence N
23' 43' 20" E 310.00 het; thence K 35' 06' 15- E 419.25 feel; thence
N 42' 56' 13" £ 499.62 feet; thence N 55' 01' 47" £ 404.40 feet;
thence N 71' .35' 12' E 50.1.50 feet; (hence N 84' 15' 20' E 254.99
fret; thence S d 1 JJ' 38' E 244.41 feet; (hence S 58' 02' 47" E
266.82 feet; thence S 68' 42' 11' E 480.61 feet to the west file of
the Branner Sthth7:ion Exemption No. 1; thence along Jaid Wrest brie
and depOrbh9. the center of so0 Colorado liver S 0' 50' 54' E 520.60
feet to the Northeast Colmer of that parcel described Kr Book 527 at
Page 743 as Reception No. 293881; thence along the boundary of sod
parcel S 78" 22' 10" W 328.61 fret; Mance S 6' 40' 15' £ 370.92 fret
to o point on the Northerly Right—Of-Way of County Rood Na. 335; thence along
sold Right -Of -Way S 79' 02' 15" W 272.84 feet; thence S 71' 4J' 27" W
27.3.76 feet; thence S 68' 13' 04" W 264.74 feet; thence S 64' 01' 23" W
296.11 feet; thence deporting sold Right -Of -Way 5 0' 14' 42" £ 653.78 feet to
o pont on the South in* of sad Section 4; thence S 89' 20' 08' W 1308.98
feel; to the PONT OF B(C,WN/lC; said described tract containing 97.214 acres,
more or les&
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and/94'o Tie,3477�7."5;evv'r--,7f• (0ec>/ or w-cz,c/rZi.Lti<
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for h'c77%2622 /.ter ,47=-47/(-7,774,4/
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT APPLICANT
• (i1144-,, Aoa41
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Date:1✓lL,
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Mailing Address: �>
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