HomeMy WebLinkAbout1.00 Application1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2401-123-00-015 DATE: August 19, 2016
Updated: August 23, 2016
PROJECT: Minor Subdivision
OWNER/APPLICANT: STAUFER, HERMANN
PRACTICAL LOCATION: The site is located south of the Town of Silt, at 9109 311 COUNTY
RD SILT 81652.
TYPE OF APPLICATION: Minor Subdivision
ZONING: Rural - Minimum Lot Size 2 Acres
SIZE: 239.5 acres
I. GENERAL PROJECT DESCRIPTION
The Applicant is planning for a minor subdivision to split the 239.5 acre property into two lots.
The site is zoned Rural and located within the Medium High Density Residential designation
(2 -6 acres per dwelling unit) in the County Comprehensive Plan of 2030 . It is understood
that two single family dwelling units currently exist on the property, one primary dwelling unit
and one as Agricultural Employee Housing. Each of the existed dwelling units is proposed to
be located on each of the new Lots.
As a subdivision requires a demonstration of legal and adequate water for each of the
proposed parcels, Staff encourages the applicant to discuss the subdivision with the Division
of Water Resources (DWR) (Contact Dwight Whitehead at the DWR at 970 -945-5665 ext.
5011) prior to submitting an application for subdivision with the County. In addition, a water
quality test and 4-hour pump test will need to be conducted prior to application in accordance
with Section 4-203(M)(1)(b)(5)(c). The applicant may request that water quality and quantity
tests be conducted as conditions of approval. All conditions of approval must be completed
within 1 year of approval. The subdivision cannot be finalized until all necessary conditions
of approval are satisfied. The well for the ~2 acre parcel is proposed to be located outside
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the parcel. As a result, the Applicant is proposing an easement from the well to the ~2 acre
parcel.
It is understood that each parcel will be served by an OWTS. A review of the Building Permits
and Septic Permits on each of the existing dwelling units (see attached) show that each
dwelling unit is served by separate septic systems. Should each dwelling unit be locate d on
one of the new parcels, then the Applicant will need to submit the County Septic Permits for
each of these systems as demonstration of adequate wastewater disposal for each new
parcel.
Each parcel must demonstrate long-term legal and physical access to a public road. Any
existing driveway permits with Garfield County Road and Bridge Department will need to be
submitted with the application. All access roads and driveways also need to be demonstrated
to conform to the dimensional requirements in Section 7 -107 of the LUDC. In addition, any
future driveways and access roads will need to be built to the standards outlined in Section
7-107.
The applicant will need to create a plat for the su bdivision. The applicant will need to insert
Certificates as prescribed by the County for the necessary signatures (see attached). The
plat will need to include all information as described in Section 5-402(F), including the name
and addresses of the surface owners and mineral estate. The applicant will also need to
submit a title commitment for the subject property and ensure that the plat states that all
easements and encumbrances identified in the commitment are accurately shown on the
plat.
It is understood that no CCR’s affect the subject property and that no CCR’s are proposed.
If this is the case, the applicant will need to request a waiver from this submittal requirement.
The LUDC also requires an engineer’s report for: (A) Roads, Trails, Walkways and Bikeways;
(C) Sewage Collection and Water Supply and Distribution System; (E) Groundwater
Drainage and (H) Preliminary Cost Estimates for Improvements.
As the application needs to be referred to the Colorado Geologic Survey, the referral form
(attached) needs to be submitted with the application along with the applicable fee.
The property is identified within Traffic Impact Study Area 3 and RE-2 School District.
However, since the dwelling units already exist for each of the proposed parcels, neither the
Traffic Impact Fee nor the Payment-In-Lieu of Dedication of School Land Fee are applicable
as the subdivision is proposed.
II. COMPREHENSIVE PLAN
The property is designated in the County Comprehensive Plan as within the Medium High
Density Residential Designation (2 to less than 6 acres per dwelling unit).
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
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The following Sections of the Garfield Land Use and Development Code are applicable to
the proposed application:
Section 5-301 Minor Subdivision (including review criteria) – a legal lot existing at the
time of adoption of the Land Use and Development Code as amended (adopted in
7/2013) is eligible to utilize the Minor Subdivision Process once so long as it is not
evading the major subdivision process.
Table 5-103 Common Review Procedures and Required Notice
Section 5-401 and Table 5-401 Submittal Requirements
Section 5-402 Description of Submittal Requirements including Final Plat
Section 4-103 Administrative Review (including public notice)
Section 4-203 Description of Submittal Requirements (as applicable)
Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning
and subdivision standards.
Section 4-202, Submittal Waivers and Section 4 -118, Waivers from Standards as
applicable or needed.
IV. SUBMITTAL REQUIREMENTS
Outlined below is a list of information typically required for this type of application:
General Application Materials including copy of the application form, application fees,
signed Payment Agreement Form.
Proof of Ownership (title work, copy of the deed) and information on any lien holders.
A narrative describing the request and related information.
Names and mailing addresses of properties within 200 ft. of the subject property.
Mineral rights ownership for the subject property including mailing addresses
(including description of how mineral rights were researched).
If owner intends to have a representative (Planner or Attorney) a letter of authorization
to represent is needed.
Copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
The Proposed Minor Subdivision Plat showing the proposed lot lines and all
easements existing and proposed including utility and access easements.
Site Plan and related information (some may also be shown on the proposed plat)
including topography.
The site plan/plat should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
Water Supply Plan including information on legal water (well permits), well pump test
along with water quality testing. The plan needs to address the water supply for both
lots. If water quality and quantity testing is requested to be conducted as a Condition
of Approval, then this request needs to be made in the application.
Waste Water Management Plan need to include information on the existing OWTS
and as appropriate information on the feasibility of a future system on the proposed
lot (soils information and any constraints such as ground water).
Any existing or proposed covenants on the property.
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Information as applicable to demonstrate compliance with provisions of Article 7
Standards. Application formatting that addresses each section of Article 7 is
recommended.
Information on the adequacy of the existing
access driveways to serve the proposed lots to
meet the dimensional standards in Section 7-
107.
Cost estimates for any major improvements
such as roadway upgrades if needed. If there
are no engineered improvements planned or
required the application should indicate such.
Referral to the Colorado Geological Survey is
also required with an additional referral fee.
Waiver requests from submittal requirements
or standards need to be included in the
submittals and the waiver criteria clearly
addressed (Sections 4-118 and 4-202).
The Application submittal needs to include 3 hard
copies of the entire Application and 1 Digital PDF
Copy of the entire Application (on a CD or USB Stick).
Both the paper and digital copies should be split into
individual sections. Please refer to the pre-application
summary for submittal requirements that are
appropriate for your Application.
V. REVIEW PROCESS
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an
Administrative Review including:
Pre-Application meeting (completed)
Submittal of Application (3 hard copies & one digital PDF copy)
Completeness Review
Additional Submittals if determined to be incomplete
Setting a date for the Director’s Decision
Referrals are sent out to reviewing agencies including the Colorado Geological Survey
Public Notice to Property Owners within 200 ft. and mineral rights owner s on the
subject property
Director’s Decision
10 Day Call-up Period
Finalizing the Minor Subdivision Plat and any required conditions
Circulation of the plat for Applicant & Other Signatures
Board of County Commission Signing the plat as a consent agenda item
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A request to call the application up for review by the Board of County Commissioners may
be initiated by the Director of the Community Development Department, the Board of County
Commissioners, the Applicant or an affected Adjacent Property Owner in accordance with
the procedures contained in Section 4-112.
Public Hearing(s): _X_ Directors Decision (with public notice)
___ Planning Commission
___ Board of County Commissioners
___ Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor,
Garfield County Road and Bridge Department, Garfield County
Consulting Engineer, Garfield County Vegetation Manager,
Colorado Geological Survey, Fire Protection District, Colorado
Division of Water Resources, and the Garfield County
Environmental Health.
V. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd)
Total Deposit: $400 (additional hours are billed at hourly rate of $40.50)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval, approval
with conditions, or denial to the Director of the Community Development Department.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right and is valid for a period of 6 months after which an update should be
requested.
Pre-application Summary Prepared by:
August 19, 2016
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__________________________________________ ______________
David Pesnichak, AICP, Senior Planner Date
Garfield County Community Development Department
Customer Distribution
Our Order Number: ABS63010919
Date: 06-30-2016
Property Address: 9109 COUNTY ROAD 311, SILT, CO 81652
For Title Assistance
SUSAN MOYA
2454 PATTERSON RD #100
GRAND JUNCTION, CO 81505
970-248-3883 (phone)
970-241-1593 (fax)
smoya@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
BOUNDARIES UNLIMITED INC.
Attention: BRUCE LEWIS
923 COOPER AVE.
STE. 201
GLENWOOD SPRINGS, CO 81601
970-945-5252 (work)
bruce@bu-inc.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:ABS63010919 Date: 06-30-2016
Property Address:9109 COUNTY ROAD 311, SILT, CO 81652
Buyer/Borrower:A BUYER TO BE DETERMINED
Seller:HERMANN STAUFER
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment $199.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $199.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABS63010919
Customer Ref-Loan No.:
Property Address:
9109 COUNTY ROAD 311, SILT, CO 81652
1. Effective Date:
06-27-2016 At 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
HERMANN STAUFER
5. The Land referred to in this Commitment is described as follows:
TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE 6TH P.M.
SECTION 11: E1/2SE1/4
SECTION 12: W1/2SW1/4
SECTION 13: NW1/4NW1/4
SECTION 14: NE1/4NE1/4
Copyright 2006-2016 American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: ABS63010919
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to-wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT
HERETO.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABS63010919
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES.
9.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY
21, 1923 UNDER RECEPTION NO. 82940 AND RECORDED JUNE 12, 1959 AT RECEPTION NO. 205742
AND 205743.
10.EASEMENTS AND RIGHTS OF WAY FOR THE LAGER, ANDERSON AND LARSON DITCH RECORDED
MARCH 13, 1885 AT RECEPTION NO. 1410 AND AMENDED JULY 22, 1885 AT RECEPTION NO. 1681
AND THE EAST DIVIDE CREEK DITCH RECORDED JULY 8, 1887 AT RECEPTION NO. 4572 AND
STOBAUGH DITCH RECORDED FEBRUARY 4, 1904 AT RECEPTION NO. 29020.
11.AN UNDIVIDED 3/4 INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS CONTAINED IN
DEED RECORDED APRIL 27, 1964 AT RECEPTION NO. 225322, ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
12.AN UNDIVIDED 1/4 INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN DEED
RECORDED APRIL 23, 1964 AT RECEPTION NO. 225282, ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
13.EASEMENTS AND RIGHT OF WAY FOR THE MULTA TRINA DITCH INSTRUMENT RECORDED APRIL
22, 1910 AT RECEPTION NO. 39325 AND DECREE RECORDED APRIL 14, 1982 AT RECEPTION NO.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABS63010919
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
326709.
14.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN HOLY CROSS EASEMENT RECORDED JANUARY 11, 1984 UNDER RECEPTION
NO. 348858.
15.TERMS, CONDITIONS AND PROVISIONS OF GROUND LEASE AGREEMENT RECORDED MAY 29,
2003 AT RECEPTION NO. 628276..
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by, us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
the public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or
the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A)The Subject real property may be located in a special taxing district.
B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real
property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and
recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to
documents using forms on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for
all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company
conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number
5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the
Commitment from the Owner's Policy to be issued) upon compliance with the following conditions:
A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or
townhouse unit.
B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months.
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's
liens.
D)The Company must receive payment of the appropriate premium.
E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior
to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain
construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate
premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-2.
A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B)That such mineral estate may include the right to enter and use the property without the surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial
of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
Commitment to Insure
ALTA Commitment - 2006 Rev.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,
upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A
and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in
Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to
Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may
amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action
or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the
following:
1.Rights or claims of parties in possession not shown by the Public Records.
2.Easements, or claims of easements, not shown by the Public Records.
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would
disclose and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Authorized Officer or Agent
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
John E. Freyer, President
Eagle’s View Ranch Minor Subdivision
Property Owners within 200 feet
McCray Ranch Company
0511 County Road 324
Silt, CO 81652-9648
Account #: 230970
Josef P Langegger
P.O. Box 456
Wolcott, CO 81655
Account #: R042348
Kay D Morgan
293 County Road 313
New Castle, CO 81647-9651
Account #: R042391
Richard D Morgan
293 County Road 313
New Castle, CO 81647-9651
Account #: R042393
Bureau of Land Management
Attn: Colorado River Valley Field Office
2300 River Frontage Road
Silt, CO 81652
Union Divide Creek Cemetery
2010 County Road 250
Silt, CO 81652
Account #: R023716
S&P Thompson Family Trust
P.O. Box 737
Silt, CO 81652-0737
Account #: 230904
Eagle’s View Ranch Minor Subdivision
List of Mineral Rights Owners for APN: 2401-123-00-015
Research conducted 11/29/2016, effective date of research 11/20/2016
1] Sours, LLC
2712 Parque De Oeste
Farmington, NM 87401
2] Rex Allen Alsbury
18 Rose Street
Libby, MT 59923
3] DeWayne Scott Alsbury
240 Farm to Market Road
Libby, MT 59923
4] Shirley E. Alsbury
259 Marianpark Way
Hamilton, MT 59840
5] Alsbury Cerise Mineral LLC
1402 Greystone Drive
Carbondale, CO 81623
It appears, at the time the research was conducted, EnCana Oil & Gas USA, Inc., have
the minerals under lease. The minerals also appear to be producing. The address for
EnCana listed on the leases is:
Encana Oil & Gas USA, Inc
950 17th Street, Suite 2600
Denver, CO 80202
REQUEST FOR WAIVERS 1
Staufer Minor Subdivision
Requests for Waivers from Submittal Requirements
Waiver from Required Engineering Reports
As provided for in Section 4-202, The applicant request waiver from the requirement
that certain topics be addressed by a Licensed Engineer. Specifically, in the General
Project Description, paragraph 6 (page 2) of the Pre-Application Conference Summary,
the following topics were listed as requiring an engineer’s report. Included with each
topic is a description of why the Applicant believes engineering reports are not
necessary for this minor subdivision. In general, since no new site work or residential
construction is proposed as a result of the minor subdivision nor has there been any
impact on surrounding properties by previous construction activities, the there is no new
information to be provided by the typically required plans and reports. Additional details
regarding these topics are presented in the Article 7 Compliance section of this
application.
a) Roads, Trail, Walkways and Bikeways: No new roads, trail, walkways or
bikeways are proposed by the subdivision. Access drive to the existing ranch
homestead residence has been in place for decades and is of appropriately
functional width and gradient. This drive has been used by semis hauling
baled hay and by concrete trucks which attest to its adequacy.
b) Sewage Collection and Water Supply and Distribution Systems: Each lot is
served by an existing individual sewage disposals system permitted by
Garfield County. These permits and Certificates of Occupancy are included
with this application. Legal water supply is proven by well permits included
with this application for each lot. Distribution line from each well to the
residence served have been in place and functioning effectively since the
issuance of the Certificates of Occupancy for the residences.
Waiver from Pump Production and Water Quality Tests: The Applicant requests
the water quality test and production pump test requirements of this Coded be
conditions of the Minor Subdivision approval with the results of these test be
provided to the County within one year of the approval and prior to recordation of
the Final Plat.
c) Ground Water Drainage: The effectively functioning of the existing individual
sewage disposal systems are evidence that there is not a problem with high
ground water. Similarly, drainage patterns on each lot have been in place for
several years and have effectively handled stormwater runoff in the existing
developed areas of each proposed lot. Impact on waterbodies is clearly
minimized by the distance (200 to 500 feet) between the developed areas of
each lot and the closest water body, West Divide Creek.
d) Preliminary Cost Estimates for Improvements: Not improvements, public or
private are proposed or required by the minor subdivision.
REQUEST FOR WAIVERS 2
Waiver from Protective Covenants Requirement
The applicant does not have conditions requiring the recording of protective covenants
but has provided Notes on the Final Plat that are appropriate and pertinent to the
subject property including Noxious Weeds, Open Hearth Solid Fuel Fireplaces, Exterior
Lighting, Right to Farm, Maintenance of Fences and Rural Living and Domestic Dogs,
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision Preliminary Plan Amendment
Major Subdivision Final Plat Amendment
Sketch Preliminary Final Common Interest Community Subdivision
Conservation Subdivision Public/County Road Split Exemption
Yield Sketch Preliminary Final Rural Land Development Exemption
Time Extension
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
Project Description
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Development Area
Land Use Type # of Lots # of Units Acreage Parking
Single Family
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________