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1.0 Application
Edward B. Olszewski Melody 1). Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214-81n STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.928.9100 FACSIMILE: 970.928.9600 January 7, 2011 Fred Jarman, Director Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Website: www.ommpc.com RECEIVED JAN 07 2011 GARFIELD COUNTY BUILDING & PLANNING RE: SUBDIVISION APPLICATION — FINAL PLAT AMENDMENT/CORRECTION PLAT FOR MICHAEL J. FERGEN AND LARA M. FERGEN Dear Fred: As discussed, I am submitting the enclosed Subdivision Application — Final Plat Amendment/Correction Plat for Michael J. Fergen and Lara M. Fergen, for property located at 0476 JB Court, Glenwood Springs, CO 81650, also identified as Lot 15 of Canyon Creek Estates Subdivision ("Fergen Property"). The purpose of this Application is to amend the Fergen Property to include 0.56 acres of land that is currently a part of property owned by Letha Sue Sills, as further discussed below. As can be seen from the Final Plat and Amended Final Plat of Lot 15 (submitted herewith), the Fergen Property is adjacent to a parcel of land owned by Letha Sue Sills ("Sills' property). The Fergens and Jimmy Sills, who is now deceased, previously attempted to complete a boundary line adjustment between the Fergen Property and Sills' property in 2004 for roughly the same amount of acreage as is set forth in the attached Application and Amended Final Plat, and received approval from the Garfield County Board of County Commissioners to amend the boundary line at that time. However, this process was not concluded as Applicants were unable to obtain all of the necessary signatures on the Final Amended Plat. At the time of the 2004 application and proceedings regarding the boundary line adjustment, the Sills' property was owned in joint tenancy by Letha S. Sills and Jimmy M. Sills. Jimmy M. Sills died on or about June 11, 2009, and as a result, Letha S. Sills is now the sole owner of the property. An Affidavit Evidencing Termination of Joint Tenancy signed by Letha S. Sills and related documents were filed in the records of the Garfield County Clerk and Recorder's Office at Reception No. 781184. In addition, a Quit Claim Deed from Letha S. Sills to Fergens for the .56 acres was filed in the records of the Garfield County Clerk and Recorder's Office at Reception No. 781222 on January 27, 2010. The Affidavit and Quit Claim Deed are OLSZEWSKr, MASSIII & MAUREIR, P.C. Fergen Application January 7, 2011 Page 2 of 3 attached hereto. Since the Sills' Property was encumbered by a first Deed of Trust with Banc of America Mortage Securities, Inc. ("Bank"), and there were other parties that may claim an interest in the 0.56 acres of property, it was necessary for Fergens to file a Complaint Under Rule 105 in the Garfield County District Court to quiet title to the 0.56 acres of property (Garfield County District Court Case No. 2010CV30). The Bank has now executed a Request for a Partial Deed of Trust for the 0.56 acres of property, which was recorded November 22, 2010 at Reception No. 794735 in the records of the Garfield County Clerk and Recorder (attached hereto). I have also attached the Disclaimer filed by the Bank in Case No. 10CV30. Because of concerns that an amendment to the Fergen Property be handled in the proper manner, Garfield County Board of County Commissioners was a named defendant in Case No. 10CV30. This Application is tendered to properly amend the Fergen Property and should resolve concerns articulated by the County. No new or expanded access to the Fergen Property is being requested as a result of this Application. At the time of approval of and recording of the Amended Final Plat, Fergens will also have the attached Affidavit Regarding Boundary Line Adjustment recorded, which will complete the boundary line adjustment. I have attached three sets of the following required application materials for your review: 1. Subdivision Application for a Final Plat Amendment (with application fee of $100.00) and signed Agreement for Payment Form; 2. A copy of the Warranty Deed for the Fergen Property and the legal description for the portion of the Sills' Property to be incorporated into the Applicant's property; 3. Letter authorizing Melody D. Massih to act as Fergens' agent for the purposes of this Application; 4. Assessor's map showing the subject property and all adjacent landowners and a list of all property owners within 200 feet of the Property (there are no additional mineral interest owners of the Fergen or Sills properties); 5. U.S.G.S map showing slope/topography of the property; 6. Final Recorded Plat for Canyon Creek Estates, recorded at Reception No. 434857 in the records of the Garfield County CIerk and Recorder's Office; and 7. Amended Final Plat of Lot 15, According to the Correction Plat of the Amended Final Plat of Lots 15, Tract D and Tract H of Canyon Creek Estates Subdivision. OLSZEWSKI, & MAURER, P.C. Fergen Application January 7, 2011 Page 3 of 3 Thank you for your time and consideration, and please contact me with any questions you have regarding this application or related issues. Very truly yours, OISZEWSKI,� S ice& MAUR P.C. By �/ / �►- MDM:mkd Enclosures cc: Michael and Lara Fergen ,If! 141 ri' 1Kifirlflir Receptions; 781184 01!26!2010 03:32:39 PM Alberico 1 of 3 Rec Fdw St6.00 Doe rep:0.00 GARFIELD COUNTY CO AFFIDAVIT EVIDENCING TERMINATION OF JOINT TENANCY Letha Sue Sills, being first duly swom her oath deposes and says: 1. That the Affiant is the surviving spouse of Jimmy M. Sills a/k/a Jimmy Mac Sills, who died on or about June 11, 2009, in Glenwood Springs, Garfield County, Colorado. A certified copy oldie death certificate of the said Jimmie M. Sills is attached hereto and by this reference made a part hereof. 2. That at the time of the death of the said Jimmy M. Sills, the Affiant was the owner in joint tenancy with right of survivorship with the said Jimmy M. Sills of the following described real property situated in Garfield County, Colorado, as set forth in that certain Quit Claim Deed recorded in Book 1738 at Page 483 as Reception No. 684918 in the records of Garfield County, Colorado ("Quit Claim Deed") to wit: See Exhibit A attached hereto. 3. That Jimmy M. Sills referred to in the Quit Claim Deed and Jimmy Mac Sills arc one and the same person. 4. That the Affiant is now the sole owner of the aforesaid real property as the surviving spouse and surviving joint tenant. S. That this Affidavit is made pursuant to the Affiant's own personal knowledge of, and belief in, the truth of the facts alleged herein. DATED this 60 day of November, 2009 STATE OF COLORADO ' ) COUNTY OF GARFIELD ) 55. Letha Suc Sills Subscribed, sworn to, and acknowledged before me by Letha Sue Sills this 36 day of November, 2009. Witness tn.y hand and official seal. My commission expires: KRISTINA L. KEEGAN Notary Public Stats `f Colorado Notary Public 1111 lir/14. Meta a l'eFI)l.11Llilr ntiVIVACIattilli 11111 1 Receptions: 781184 orszer2010 03:32:39 pM Jean Albs,.,,,, 2 of 3 Ree Fee:$16 015 Doe Fae:0,00 GARFIELD COUNTY CO Exhibit A A tract of land situate in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the 6`h P.M., lying Easterly of the Canyon Creek centerline, Said parcel being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 25 bears S 5725'27" West 1533.29 feet, the point of true beginning; Thence S 78°10'50" West to a point on the centerline of Canyon Creek; Thence along the centerline of Canyon Creek the following three courses: 1) N 09°18'05" West 180.39 feet; Thence 2) N 21°41'43" West 216.73 feel; Thence 3) NO3°33'39" West 118.27 feet to the North line of the Southwest Quarter ofthc Southwest Quarter of said Section 25; Thence N 89°24'49" East 208.36 feet along said North line; Thence S 00°25' 18" West 483,14 feet along the West line of the Southeast Quarter of the Southwest Quarter of said Section 25 to the point of true beginning, Also a parcel of land located In the Southeast Quarter of the Southwest Quarter of Section -25, Township 5 South, Range 90 West of the 6"' P.M. Said parcel of land being more particularly described as follows: Beginning at a point on the West lint of said Southeast Quarter of the Southwest Quarter, Section 25, whence the Southwest eornor of said Section 25 bears S 57°25'27" West, a distance of 1533.29 feet, the true point of beginning; Thence along said West line on a bearing of North 00°25'18" East, a distance of 483.14 feet to the North line of said Southeast Quarter of the Southwest Quarter, Section 25; Thence leaving said West line along said North line on a bearing of N 89°24'49" East, a distance of 103.35 feet; 'thence leaving said North line on a bearing of South 01°05'30" East, a distance of 460.06 feet; Thence on a bearing of S 78°10'50" West, a distance of 118.19 feet to the point of beginning. Together with the access easement as conveyed in the instrument recorded !uly 19, 1983 in Hook 630 at page 919 and as shown on the Amended Plat of Canyon Creek Estates recorded September 15, 1986 as Reception No. 374423. County of Garfield, State of Colorado 111IAW%FMK I1/WISI '101C10111 11111 Reeeption##: 781Z22 41/27!2040 03;45:58 PM jean Alhorico 4 04 2 Pec Fe0:316.00 Doo F041.0 CIO GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this 3e, day of November, 2009, between Letha Sue Sills, (Grantor) and Michael J. Fergen and Lara M. Fergen, (Grantees). WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and 00/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and quit Claimed, and by these preaenis, do hereby remise, release, sell, convey and quit claim unto the Grantees, their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, Tying and being in the said County of Garfield and State of Colorado described as follows: See Exhibit A TO HAVE 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 Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs, successors, and assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OFGARFIELD ) The above and foregoing document was acknowledged before me this 3c9 day of November 2009, by Letha Sue Sills. My commission expires; ca %/ ' 7/ 4'?"— Witness my hand and official seal, N ary Public KRISTINA 1. KEEGAN Notary Public State of Colorado III "f�N f�1�4Mf i ��1C1+�►i��r'�+C� �I �I'� 11111 R.c ption#: 781222 01127!2010 03:45.5a PM Joan Alberico 2 of 2 Stec Faa:516.00 Doc Fee:O 00 GARFIELD COUNTY CO EXHIBIT A PROPERTY DESCRIPTION A TRACT OF LAND SITUATFZD iN THE SOUTI.1WEST QUARTER OP SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENDED FINAL PLAT OF LOT 15, 20-42, TRACT D AND TRACT H, CANYON CREEK ESTATES SUBDIVISION, COUNTY OF GARFIELD COUNTY, COLORADO BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 25 BEARS S.58'17'45"W. 1597,65 FEET; THENCE N.28'53'17"E. 47.15 FEET TOA REBAR AND CAP, L.S. 26950; THENCE N.23'5026"W. 246,66 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N.65'55'56"E.42.01 FEET TO A REBAR AND CAP, L.S. 26950; THENCE N.33'52`52"E. 143.29 FEET TO A POINT ON SAID WESTERLY LINE OF LOT 15 A REBAR AND CAP L.S. 26950; THENCE ALONG SAID WESTERLY LINE. S.01'05'30"E. 393.11 FEET; THENCE 8.78'11'57"W. 49.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.56 ACRES, MORE OR LESS. SAID PARCEL IS TO BE MERGED WITH SAID LOT 15 AS DESCRIBED ABOVE. 11111irfr dill rin•IV'I lidMill11111 Reception#: 794735 11/22/2.014-11:W17 Pm Jean Aiberico 1 of 2 Reo Fee:$16.00 Doc Fee;0,00 GARFIELD COUNTY CO REQUEST FOR ❑ FULL ® PARTIAL RELEASE OF DEED OF TRUST ANI) RELEASE BY HOLDER OF7TIE EVIDENCE OF DEBT WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO §38-39-102(1)(a) AND (3), COLORADO REVISED STATUTES 6.1)0 )moi vembcr 2, 2010 Date Thrunv M Sills and Lent: S. S. Original Cramer �e Michael J.Fcrgenand LnrniM.Fergeu Current Address f 1 i1i11 r ��tit ng Party, 0541 3D Court, Olenw Spri.1 Cniprado 53601 or Current OwneC'.) ,atflelfl ('antral v District. C'Drn'l. 9[11,11) © Check here ifcurrentaddress isunknown, Filing Dale: Dec 92010 2:50Pfli r ISS Bs* ofAinejoe N.A. Orisfns'Den'Piir1PtFjt o440.34777752 October21, 2005 Date of Deed ofit esK Clerk;. gofa13tro11a15ttli October 24 2005 Bate of Recordin an or e- ecordm o ce 684919 J738 P4$5 L�1 C �c1 Recording Information County Reception No. endlor Film No. and/or Book/Rage No, and/or Terms Reg, No. TO TI -1.4 PUBLIC TRUSTEE OF (3ARFIELD CD'J11TTy (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described lc the Deed of Trust) PLEASE EXECUTE ANIS RECORD A RELEASE OF TILE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid end/or the purpose of the Deed of Treat has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described ast SEE "EYIIUDTlA"ATTACHED HERETO AND INCORPORATED Ii.EREIN BY REFERENCE (1F NO LEGAL DESCRIPTION IS LISTED THIS WILL DR DEEMED A FULL RELEASE.) Pursuant to § 38-30-102(3), C.R.S., in support of this Request for Release of Deed of Trust, the undersigned, es the holder of the evidence of debt secured by the Decd of Trust described above, or as a title insureece'company authorized to request the release of a Deed of Trust pursuant to § 38-39-102(3)(o), C.R.S., in lieu of the production or exhibition of (ha original evidence of debt with this Request for Release, certifies ns follows, I . Tho purpose of the Deed ofTrrusl has been frilly or partially satisfied. 2. The original evidence of debt is net being exhibited or produced herewith. 1. 11 is one of the following entities (check applicable box): a. ® The holder of the original evidence of debt that is a qualified holder, as specified in § 38-39.102(3)(a), C.R.S., that agrees that it is obligated le utdetnnify the Public Trustee for any and all damages, costs, liahililies, and reasonable attorney fees incnn'ed as a result of the action of 1110 Public Trustee taken in accordance with this Request for Release; b. ❑ The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt Ibal delivers to the Public Tntstee a corporate surety bond as specified in § 38-39-102(3)(b), C.R.S.; or c. 0 A title insurance company licensed and qualified in Colorado, as specified in § 38-39-102(3)(e), C.R.S., that agrees that it is obligated to indemnify the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed ofTnist to be satisfied in Rill, Or in the case of a partial release, to the extent required by the holder of the indebtedness. t{Jt_of 6.0vr£,z4‘_s__ //.n- -T.'u L.n'f•I.rvvy4,r r .n. iZ.cG",,t�.•�_ Nome and Address of the Current (folder of the Evidence ofDebt Secured by Deed of Trust (Lender) or Name and Address of rice Tide insurance Company Authorized to Request the Release of a Deed DMus!, 61211_&_4,11,1-1,4-0-• e3 i).h, AcPa d.,a a it Naw ale, an dress of Officer, Agent, or Attorney oldie Holder of the Evidence of Debt Secured by Deed of Trust (Lender). 7_' 1t' 5-0 Signature ^-� t State of 1 Cr�iAS . , County oft The foregoin, Request for Release was acknowledged before me on Way i�r_rr.r•rrerrr.•irr (date), by 1['`4 '3--1L4 -11-oDale Commission Expires h *If applicable, insert title of officer and name of current holder. Signature Witness my hand and officio/ seal. RELEASE+. OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; nod WHEREAS, the indebtedness secured by the Deed of Trust hos been fullyor the purpose of the Deed of `� Trust has been filly or partially satisfied according to the written request of to ` .ti 11 of debt or'fitie lnsnrauce o Company authorized to request the release of the Deed of Trust; lir O •e*ire*• 0 Y NOW THEREFORE, in consideration of the premises and the p t �f•t�e statutory' l�.t of which is hereby C t acknowledged, 1, as mho Public Trustee in the County named above jl by fully and absoly �I l.e, cancel end forever ▪ discharge the Deed of Trust or that portion of the real property describes in j d of Trust, • tilt all privileges and a purtenances thereto beton;ittg. :10°Elsi �._ r LJ vi ,,,r �) r�, y L% .rt�r ! % Y i i n f eC tY — r -t y„ Lj PubrisTrestee Date D : .+'cTtustec ,•s^� / Dale I.;‘U (If applicable, srwte and address of person creatirtglnew legal description a is :..:5, C.R.S.) 0 Cr • [) Original Note and Deed of Twig CReiturnedg t0 ` (.I c L� Cl E A When Recorded Return to: L4,.y-iLjttk('1r.:1 ,t6. v ; �.Cr) 51C.'t •'Icier tS-5 ��-,;i.S,, ;"-:(11�Liou' (� 15�3Q� A Prepared/Received by: A b v -n m 6tt `" , rJ co W o• ' No. 1141. Rev. 9-09. REQUEST 11011 ITULL/PARTIAL RELEASE 0111)13811 0PT1tUSTAtt RELEASE BY HOLDER OF THE EVIDENCE OF 15Kin' 1ST rFFO(JT PRODUCT/ON OE EVIDENCE, OP DEBT EXii1OITED Deed ok 1 f Us, (page 1 of 2) �C1E5 Re usAtd to: SAME 1111 IA �1'��i��,'� �1f�G �",� Rf 1 I����#f l� ��i#f�� X1111 Rece pt i oral# : 704735 11/22/2010 11;66:17 Al Jean Albert= 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFILD COUNTY CO EXHIBIT A A TRACT OF LANs? SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 15, ACCORDING TO THE CORRECTION PLAT O1 THIE AMENDED FINAL PLAT 01? LOT 15, 20-42, TRACT D AND TRACT II, CANYON CREEK ESTATES SUBDIVISION, COUNTY OF GARFIELD COUNTY, COLORADO BEING A REBAR ANI) CAP, LS, NO. 26950 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 25 BEARS 5.58` 17'45"W. 1597.65 FEET; THENCE N,28a53'17"E. 47.15 FEET TOA REBAR AND CAI', L.S. NO. 26950; THENCE N.23' 50'26"W. 246.66 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N.65' 55'56"E, 42,01 FEET TO A REBAR AND CAP, L.S. 26950; THENCE N.33 52' 52"E. 143.29 FEET TO A POINT ON SAID WESTERLY LINE OF LOT 15 A REBAR AND CAP L.S. 26950; THENCE ALONG SAID WESTERLY LINE S.01* 05'30"E,393.11 FEET; THENCE S,78 *11'57"W.49.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.56 ACRES, MORE OR LESS. No, 1241, Rev. 9-09. REQUEST FOR FUL[JPARTfAI.RELF.ASROPBEM OFTRUST AND RELEASE (Page 2of2) BY ![OLDER OF THE EYWENCS OF DEBT WITHOUT PRODUCTION OP EVIDENCE OF DEBT DIST'RICT COURT, GARFIELD COUNTY, COLORADO Court Address: 109 8`t' Street Glenwood Springs, Colorado 81601 EF Phone: (970)945-5075 CO Piling LED Document. Garfield County District Court 91h J13 Elite. fkc 9 2010 2:50PMT MST in. 34777752 iew C:lcrk: Nola Buchanan A COURT USE ONLY A Plarntiff(s): Michael J. Fergen and Lara M. Fergen Elting WI V. Defendant(s): Public Trustee of Garfield County; Colorado, Letha S. Sills A/K/A Letha Sue Sills; Banc of America Mortgage Securities, Inc.; National City Bank; Board of County Commissioners, Garfield County, State of Colorado and All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action Attorneys for Defendant Banc of America Mortgage Securities: CASTLE STAWIARSKI, LLC Address: 999 18th Street, Suite 2201 Denver, Colorado 80202 Phone Number: (303) 865-1400 E-mail: lmarcus@crosatty.com kfisher@cmsatty.com Atty. Reg.#f: 16092 (Elizabeth S. Marcus) 39230 (Katharine Fisher) Case Number: 2010CV30 Division: DISCLAIMER Defendant, Bane of America Mortgage Securities, Inc. (the "Bank"), hereby disclaims any right, title, or interest in the property described in the Amended Complaint Under Rule 105 herein and states as follows: 1. The Bank has executed a Request for Partial Release of Deed of Trust ("Release") attached hereto as Exhibit A, which Release was executed by the Public Trustee of Garfield County, Colorado and recorded on November 22, 2010 at Reception No. 794735 in the records of the Garfield County Clerk and Recorder. In doing so, the Bank has released its interest in the disputed parcel. [Remainder of page intentionally left blank.] WHEREFORE, this Defendant, Banc of America Mortgage Securities, Inc., prays that it may go hence without costs and that it be dismissed from the within action. Dated this 9th day of December, 2010. CASTLE STAWIARSKI, LLC Original signature on file at Castle Stawiarski, LLC kalVAq Ka harine E. Fisher, No. 39230 Attorney for Banc of America Mortgage Securities, Inc. CERTIFICATE OF SERVICE I hereby certify that on December 9, 2010, a true and correct copy of the foregoing DISCLAIMER was served on the following parties electronically via LexisNexis File and Serve: Melody D. Massih, Esq. Olszewski, Massih & Maurer, P.C. 214 8th Street, Suite 210 PO Box 916 Glenwood Springs, Colorado 81602 Attorney for Plaintiffs Michael J. Matukewicz, Esq. Liakos & Matukewicz, LLP 11516 Nicholas Street, Suite 201 Omaha, NE 68154 Attorney for Defendants Who Are In or May 13e in the Military Service Don K. DeFord, Esq, County Attorney's Office 108 8`11 Street, Suite 219 Glenwood Springs, CO 81601 Attorney, for the Board of County Commissioners, Garfield County and the Public Trustee of Garfield County Katharine E. Fisher, No. 39230 Page 2 of 2 AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984, as amended. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that the parcels of property involved in this boundary line adjustment that is owned by Letha Sue Sills is not part of a previously platted subdivision of record. 5. We hereby represent that the parcels of property involved in this boundary line adjustment that is owned by Michael J. Fergen and Lara M. Fergen is part of a previously platted subdivision of record, Canyon Creek Estates. The Fergens will seek any approvals necessary for this boundary line adjustment pursuant to the Garfield County Unified Land. Resolution of 2008. 6. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 7. We hereby represent that the boundary line adjustment being made will not result in any of the lots involved being less than the minimum lot size allowed as a result of the boundary line adjustment or create any non -conforming setbacks for any existing structures. 8. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 3° day of November, 2009 Letha Sue Sills 1 STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) The foregoing instrument was acknowledged before me this 3o day of November 2009, by Letha Sue Sills. Witness my hand and official seal. My commission expires: //~az--e"/ KRISTINA L. KEEGAN Notary Public State of Colorado DONE this 369 day of November, 2009 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 7Michael tergen Lara M. Fergen -e„ The foregoing instrument was acknowledged before me this as day of November 2009, by Michael J. Fergen and Lara M. Fergen. Witness my hand and official seal. My commission expires: —// o/ KRISTINA L. KEEGAN Notary Public State of Colorado Notary Public EXHIBIT A PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENDED FINAL PLAT OF LOT 15, 20-42, TRACT D AND TRACT H, CANYON CREEK ESTATES SUBDIVISION, COUNTY OF GARFIELD COUNTY, COLORADO BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 25 BEARS S.58° 1745"W. 1597.65 FEET; THENCE N.28°53'17"E. 47.15 FEET TO A REBAR AND CAP, L.S. 26950; THENCE N.23°5026"W. 246.66 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N.65°55'56"E.42.01 FEET TO A REBAR AND CAP, L.S. 26950; THENCE N.33°52'52"E. 143.29 FEET TO A POINT ON SAID WESTERLY LINE OF LOT 15 A REBAR AND CAP L.S. 26950; THENCE ALONG SAID WESTERLY LINE S.01 °05'30"E. 393.11 FEET; THENCE S.78° 11'57"W. 49.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.56 ACRES, MORE OR LESS. SAID PARCEL IS TO BE MERGED WITH SAID LOT 15 AS DESCRIBED ABOVE. RECE!VEI) GARFIELD COUNTY JAN 0 7 2011 Building & Planning Department GARFIELD COUNTY 108 8thStreet, Suite 401 BUILDING & PLANNING Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRR 4.1+09 SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) O SKETCH PLAN (optional) Cl CONSERVATION SUBDIVISION ▪ PRELIMINARY PLAN O PRELIMINARY PLAN AMENDMENT FINAL PLAT ✓ FINAL PLAT AMENDMENT / CORRECTION PLAT ❑ COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Michael J. and Lara M. Fergen ▪ Mailing Address: 0476 JB Court Telephone: (970 ) 945-0370 > City: Glenwood Springs State: CO Zip Code: 81601 CeII: (970) 989-5237 E-mail address: lfergen@cccgws.com; nnfergen@cccgws.com FAX: (970 ) 945-8128 > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): • Melody D. Massih, Olszewski, Massih & Maurer, P.C. > Mailing Address: P.O. Box 916 Telephone: (970) 928-9100 • City: Glenwood SpringsState: Ca Zip Code: 81602 Cell: (970) 945-8128 E-mail address: melody@ommpc.com FAX: ( 970 ) 928-9600 Location of Property: Section 25 Township 5S Range 90W y Assessor's Parcel Number: 2 1 2 3- 2 5 3- 2 4- 0 2 5 Practical Location / Address of Property: 0476 JB Court Glenwood Springs, CO 81601 > Current Size of Property to be Subdivided (in acres): 9.113 ac +.560 ac =9.673 acres > Number of Tracts / Lots Created within the Proposed Subdivision: 1 Last Revised 12/24/08 Proposed Water Source: Proposed Method of Sewage Proposed Public Access Easements: Utility: Ditch: v Total Development Area GENERAL INFORMATION continued... Well Disposal: ISDS VIA: See Attached Plat See Attached Plat See Attached Plat (fill in the appropriate boxes below): (1) Resstdential s Units Hots (Acres) '" Parrkfnt Provided 3 3�. } �i _ ? `��.9 M%< .. _ ... ,'.sP�r�eF-f1., .,6.e,Size StngIe-Fa ;' . ��.. 9.673 acres Duplex _ , s . e, Mult(Fa lily 4, IVIobf a Fl iitia' � 1 q stat. Fiodi Area (sty ft.) Size (Acres) Parkinq Provided (2) Commercial .E< h (3) Industt`lal (4) Public / Quasli Public (5)(5)ila00n,Sbaewt Co ii on`Ar ,,, Y o/f 1t.r.i....4 u. 1 ,.. 's.. _._ c'3 C:1.x: a�;1F The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 2 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) III. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or Tess and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Pian shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501(H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE ANAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Pians a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 6 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent lots or Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 7 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read th stat _Ms above and have provided the required attached information which is c. (ec . d accur. r . e bes of my knowledge. gnature of -Property n r 8 -- Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Michael J. Fergen and Lara M. Fergen Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Subdivision Application Final PlatAmendmentiCorrection Plat (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 the guidelines 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 permit 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 COUNTY to reimburse the COUNTY 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) /ze- 4;14 Sign. ure Michael J. Fergen and Lara M. Fergen Print Name Mailing Address: 0476 Js Court Date Glenwood Springs, Co 81801 Page 4 1 111111 11111 111111 111111 1111 11111111111 111 1111111 1111 579188 04/13/2001 10:59A 81244 P956 M AI,SOORF 1 of 1 R 5.00 D 49.55 GARFIELD COUNTY CO gO o'clock H. RECORDER_ Ey DEPUTY. WARRANTY DEED THIS DEED , Rade on this day of April 12, 2001 between SILLS INVESTMENTS INC. of the County of ,GARFIELD MICHAEL I. FERGEN AND LARA M. FERGEN and State of Colorado , of the Grentor(s), and whose legal address is : 0476 JB COURT , GLENWOOD SPRINGS, CO 81601 of the - County of GARFIELD and State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 5495,495.00 ) *** Four Hundred Ninety Five Thousand Four Hundred Ninety Five and 00/100 +** DOLLARS 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), their heirs and assigns forever, not in tenancy in common but in Joint tenancy, all the real property, together with improvements, if any, situate. lying and being in the County of GARFIELD and State of Colorado, described as follows: LOT 15 CANYON CREEK ESTATES A PLANNED UNIT DEVELOPMENT ACCORDING TO THE PLAT RECORDED MAY 5, 1992 AS RECEPTION NO. 434857. COUNTY OF GARFIELD STATE OP COLORADO also known as street number 0476 JB COURT, GLENWOOD SPRINGS. CO 81601 TOGETHER with all and singular and 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 Grantee(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 appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the enseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form es aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2001; AND EASEMENTS, RESERVATIONS, RESTRICTIONS. COVENANTS ANC, RIGHTS OF WAY OF RECORD. IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS. IF ANY. The Grantor(s) shell and will WARRANT AND FOREVER DEFEND the above bargained premi possession of the Grantee(s), his heirs and assigns, against all and every person or any part thereof. The singular number shall include the plural, and the plural shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this decd on the date set STATE OF Colorado )ss. County of GARFIELD ses in the quiet and peaceable or persons lawfully claiming the whole the singular, and the use of any gender forth above. SILLS INVESTMENTS INC. JIMMY M. Si�1 ,PRESIDENT The foregoing instrument was acknowledged before me on this day of pn112,2001 by JIMMY M. SILLS AS PRESIDENT OF SILLS INVESTMENTS INC My commission Witness my Name and Address Perso ItgeR.JOY NOTARY PUBLIC of Col -ORAD Escrow* GW235826 Title# 0W235826 My Ccxnt siren rAgrerri otary Pub is al Description ( 38-35-106.5, C.R.S.) When Recorded Return to: MLCIIAEL J. FERGEN AND Form N. 917A Rev 4-94. WARRANTY DEED (Joint Tenants WOJT1) LARA M. FERGEN 0476 JS COURT GLENWOOD SPRINGS, CO 81601 0.56 ACRE PARCEL PROPERTY DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENDED FINAL PLAT OF LOT 15, 20-42, TRACT D AND TRACT H, CANYON CREEK ESTATES SUBDIVISION, COUNTY OF GARFIELD COUNTY, COLORADO BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 25 BEARS S.58 17'45"W. 1597.65 FEET; THENCE N.28 53'17"E. 47.15 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N.23 50'26"W. 246.66 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N.65 55'56"E. 42.01 FEET TO A REBAR AND CAP, L.S. 26950; THENCE N.33 52'52"E. 143.29 FEET TO A POINT ON SAID WESTERLY LINE OF LOT 15 A REBAR AND CAP L.S. 26950; THENCE ALONG SAID WESTERLY LINE S.01 05'30"E.393.11 FEET; THENCE S.78 11'57"W.49.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.56 ACRES, MORE OR LESS. Michael J. Fergen Lara M. Fergen 0476 JB Court Glenwood Springs, CO 81601 January 7, 2011 To Whom It May Concern: Michael J. Fergen and Lara M. Fergen herby authorize Melody D. Massih to act as our agent and attorney for the purposes of the Subdivision Application — Final Plat Amendment/Correction Plat with Garfield County. Please contact us should you have any questions. :1, 4 a �. Lara M. Fergen •fflflflf+ •Y►►►1Y ♦1111111/11 6. Property Owners Within 200 Feet of Site Royle Eldon and Cynthia Marie Stillman 580 JB Court Glenwood Springs, CO 81601 Letha S. Sills 581 Moorland Court Glenwood Springs, CO 81504 Cynthia Crandell 421 JB Court Glenwood Springs, CO 81601 Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 t. 1664477 { 6763 J1 JfesT _ 6800 �'�ti=. _ • 1 l ��/• \' Yi �1\ • �, .._. . r 4 . -: ' i ' C •Image USDA Farm Service Agency "•'�`01Q 0' 39734'54.89" N. 107°26'5,1:97•' WP elev 5721 ft • - Eye alt' 7518'It• PLAT S C THE AMENDED Ft L F'L T O AN`CN CREEK ETa TES; SUPPLY'S'( 1C?U = NTY,CCLORADC .... * Cca84 r"Biivit� bir esonmr i sM • Aa naorw• � =111• •1•�:W1Yli Y +11iia Maar n lagV'Q mudn m."mwrl'��o:. •:iu �iwwr±siw�eww udr"mr.�"cam rw� _ •.`q'>MYWM.alain:IOWrlIQ•W W:'�I_A1 g. 1'11,1;94o- T5 ili�'1prW�1li9a wvYa �e¢W�tle�A�+.w4- W ,,. 7lMY6Mf'�um!!s�t�1M{Ci:YAY/rL'.waCc A...meetNwlaallY.m'rAI'W Cr rYr w taan �•''KiEnoba}�. • ..Wr w:ery Tt w•o R`Fiesi'1'w'' dianlliatiaartia wanalo. magma, �owaa*mw�'sp��yi, ypl cpm i w !: I Exi;; la it lj ', rY1�iM/+MMEAnwn II i b+ h I I� rw.r � d0a *✓ey}1 {III IIIr�h�Pa I • rina 'drlJ 4 h" S 5734'00" W 119.85' S 57'47'57" W 18.57' cn 1.0 CORRECTION P[114T DF JHL' AMENDED FINAL PLAT LOTS 15, 20-42, TRACT D & TRACT H OF CANYON CREEK ESTATES GARFIELD COUNTY, COLORADO l �r N 135BZ� S 6348'56" W 139.43' 6856'30° W 134.00' _ `1100 YEAR FLOOD PLAIN LINE - i =� - 1 - ��. c6.761 _.._..�A N r 5 E 1,5. o N 9,7�..--.._...._: W 233.05 N �^; • N 080017 40971" CRE.._.._.._ E 279 • �_ Too ,� iiO� pL47AiuNE �' _ �.._ N X162. l7 E LOT 69 __--EUBLIC RIPARIAN AREA- -- I • 0 af 0' or, c3co / / Joe oo vit 1 � of' • 4 .1 O "xistm •0 X561 7-- r r 7TKAr ao A,aND C CK' 6 CA SitATSS , r 1 / r , / / 1 / !?lgotI ACCESS EASEMENT FOR LOT 15 AND - ADJOINING PROPERTY N 00'36'16" W 92.85' - 1104,12' 104532E. 0.1,05 N 1254'49" E 195.09' TYPICAL LOT LINE EASEMENTS' DRAINAGE AND UTILITY N 00'36'16" W 40.56' N 0130'05" W 174.98' 9 r 7R TO 9DAT,'oF 10 I,, REF D P ' DE 1 SEN oN CI( 1 ,,-' C1 TATS , 1 , 1 , 8 81 121` i 11 1 r 1 v , i 1 r 1 1 1 S 6823'54" W 78.06'- ',� oN 5216'09" W 19.63; �%, �`0 4I • • N 06'52'50" W 320.24 -.i . ,` • • • \ , • •• , ` , . 1 v--; i 1 rte,'. TRACT B I S 06'08 38 II 131.21 � I � I It I 1 1 1 1 1 1 S 03'30 04 E 250.45 W S 05'20'13" W 9.98' S 2475'15" W 2.62 • 1 68 I 13 1/1 I ' 14 / / 6T R TO AT of REF NDEDP CK 16 TEST A� rAN/0114TES r / 65 66 ------------ 1 1 1 � 1 , to 1 4 V_• t 1 1 1 1 1 1 1 1 1 ea - • -• . -- 64 ./ 1 b' 3.. --, T.-rtgeNs.,,ky.:*.,,,,,,„,„ 0- OI 62 . / , i O �` / t /1 `i i 1 y� 6, V? 59 ' Ol rift ____-. i-� •,�••••••••\ 1 51 1 1 , 110.50 40.00' MAINTENANCE AND ACCESS EASEMENT - 20.00' ON EACH SIDE OF EXISTING DIJD4 CENTERUNE. 1� / ! 1 17 8, 18 1 To 2NDT ;OF REFERpED PLA 1 ASE 'CA0014 C1C ) ESTATE 19 / / / WENDY SUE PARK TRACT E • • • • • .. Al 00' '48' W 156.97 93.19' 3`43. 70.03' a� 2 TRACT . I 8 CSr tn 'cam f - CI 5881 55 I >--_..., ` 1r --- --- • • - -..- 21 0.657Aat 4y \20 • 4,4 0.543.40.1 L- P 20.00' ACCES ± �ory al - t EASEMEN .�\ , A=4.9 ~'-, (,TRACT A-2) •. , C28 1 C • . • 22 0.655Aat 46" / 100 0 so 100 200 1 INCH = 100 FEET ZONE DISTRICTS RESIDENTIAL COMMON OPEN SPACE ROADS TOTAL 21.085 ACRES 1.529 ACRES 1.140 ACRES 23.755 ACRES N 16'47'57' W 49.26' N 7870'50" E 49.58' N 78'10'50' E 31.77' 719.24' ► I1'g.' '1 15 9173 Aat 399.05' ,0 i, t 4 est tip. e go / y 33 1.28 Ac.± 0 N o0'02'07' w 204.73' / 32 0.816 Ac.± 322.70' 11798' tr.cr .‘i,4 �� . * 274.07' eI\1 111 b\f,0 " 25 4,- 27 0.373Aat i - . • • • • 57 et 1 1 1 8 , 1 r , 1 1 1 efr,; 54 r !'�A 1 153 , 1 , 1 , 1 r 1 1 1 1 8 1 , 1 A% • • • • • • • • reok ..4 , • • • A = 9544'09' It R = 180.48' 7 = 199.53' L = 301.54' CH = S 47'52'18'W t 267.70' 26 N 0.362 -1 513 82'CL174. 27 �$_ ` 6o' 0.371 Aat o . ,11 N 14.5Yj 3129° N,.'549 183.70 3 0.726 1k± 90.31 4. Aa# N 12'3051 12163 1y , Jo G'6 3y%g. C17 '43 •5933 34 0.456 Aat 30 *.7, 0.571 AAct 29 a� 0.516 Ac.± 141 28 50 ; 4:7 ric,,1 _tie,' el. D is RIVER VIEW SUBDIVISION NOliCE: According to Colorado law you must commence any legal action based upon any detect In this survey within 3 rare after you first discover such ifflroct.. In no event may any action based upon any daunt In thle survey 13* commenced mate than ten years from the date of certification shown • . at 02.4 VE • 57971 I 44 339.22 44.85' 2.18' 1 43 04 to 42 co co cat 80.52' 41 01 CO 80.54' 02/ C2 Ca 9 N 027276' E 130.67 40 0.386 Ac.I 012 .92 • • 37 35 eor v 36 • • • • • • • 104.46' 748.11 1/4 CORNER SECTIONS 25/35 BRASS CAP IN PLACE co 07 CPI 1310.33 CURVEIRADIUS 1 LENGTH 1 TANGENT CHORD 1 BEARING 1 DELTA 0302 04 06 09 010 012 013 016 019 021 023 324.56' 246.36' 354.56' 216.38' 207.54' 207.54' 207.54' 207.52' 207.54' 50.00' 50.00' 50.00' 50.00' 62.97' 147.54' 147.54' 276.36' 294.56' 180.48' 180.48' 50.00' 16.3.80' 283.44' 80.98' 87.98' 68.62' 8296' 59.80' 104.58' 50.97' 67.171 10.53' 76.45' 47.61' 53.30' 69.55' 36.74' 162.79' 30.81' 120.69' 89.74' 69.50' 54.16' 83.69 90.00' 40.67' 44.22' 34.60' 41.99' 30.11' 53.42' 25.61' 23.50' 5.28' 47.95' 25.01' 26.94' 8184' 15.42' 73.56' 62.70' 46.55' 45.82' 35.75' 30.08' 162.07' 169.07' 254.28' 80.80' 87.76' 68.33' 82.44' 63.57' 59.59' 103.47' 50.84' 62.24' 69.22' 36.85' 160.46' 30.79' 88.82' 68.53' 51.55' 44 06'4710" W 43t1450. W PI 12'03149" W 14 3956'54' W 28'55'02' 16'54'52' 3370'07' 28'52'23' 14'4'19' 76'58'32' 87'36'32" 33'45'03' tca 146.48' • TRACT D common ct. OPEN SPACE " 0.510 Ac.I co 1.4 15 95' Pro SOUTH CENTER 1/16 CORNER SECTION 25 BRASS CAP IN PLACE 01 41013 Ce C1 ki JOB NO. 90.1076 5- 98 SHEET NO. 2 OF 2 cu at Cei o Or 0 rn co CO ce L4 N 6273'21' E 11500' L5 PI 6213'21m E 7505' L9 N 6273F E 154.96 L10 II 6213'21' E 115.00' L17 N 877977* E 88.61' L18 14 527219' E 30.76' L19 AI 1670'42' E 143.99' L45 S 44V612" W 10.00' L47 14 09108'52' E 125.41' • TRACT D common ct. OPEN SPACE " 0.510 Ac.I co 1.4 15 95' Pro SOUTH CENTER 1/16 CORNER SECTION 25 BRASS CAP IN PLACE 01 41013 Ce C1 ki JOB NO. 90.1076 5- 98 SHEET NO. 2 OF 2 cu at Cei o Or 0 rn co CO ce RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant Michaeld & Lara Fergen 0476 JB CT Glenwood Springs, CO 81601 Return to: Invoice Number: INV -1-11-20783 Invoice Date: 1/10/11 Plan Case: Subdivision Final Plat Amendment App, FPAA-1-11-6709 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Final Plat AMD for Canyon Creek Estates, Lot 15 Fee Name Fee Type Fee Amount Final Plat Amendment App Fee Date Pay Type 01/10/2011 Check Fixed $100.00 Total Fees Due: $100.00 Check Number Amount Paid Change 003125 $100.00 $0.00 Total Paid: $100.00 Total Due: $0.00 One OLSZEWSKI, MASSIH & MAURER, P.C. P.O. BOX 916 214 -8TH STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 970.928.9100 Hundred PAY TO THE ORDER OF ************************ BANK OF COLORADO P.O. Box 520 - 9th and Grand Glenwood Springs, CO 81602 (970) 945-7422 or Telebank: 1.800-295-6879 www.bankofoolorado.com ********************************* CHECK NO. 82-244/1070 DATE 00315 00/100 AMOUNT Jan/ 6/2011 $100.00 Garfield County Building and Planning Department FPRR- 6 1aq Final Plat Amendment/ Correction Plat 0003 L 2511' ': ID ?00 244BI:593005 2094n' Monday, January 10, 2011 Edward 13. Olszewski Melody 1). Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214- 811' STREET, SUITE 210 GLENwOOD SPRINGS, CO 81602 TELEPHONE: E: 970.928.9100 FACSIMILE: 970.928.9600 January 26, 2011 Glenn Hartman, Senior Planner Garfield County Building and Planning Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Wcbsilc: www.ornmpc.com RECEIVED JAN 262011 GARFIELD COUNTY BUILDING & PLANNING RE: Canyon Creek Lot 115 — Final Plat Amendment - File #FPAA-6709 Dear Glenn: Enclosed per telephone conversations with your office and correspondence dated January 21, 2011 from your office, please find the following revised elements for the above referenced application. 1. Copy of the new Affidavit Re: Boundary Line Adjustment with Exhibits A, B and C; and 2. Updated portion of assessor's map and property owner's list per your instructions listing all property owners adjacent to Lot 15 as the subject property. Deleted from the original submission list are property owners adjacent to the Sills property, as we understand the Fergen property to be the "subject property". Due to the topography of the Fergen property, no properties other than the adjacent properties meet the conditions of "within 200 feet of the site". If you have any further questions or concerns regarding the application or submitted materials, please do not hesitate to contact me at your convenience. Very truly yours, OLSZEWSKIMASSIH & MAURER, P.C. By: MDM:mkd Enclosures cc: Michael and Lara Fergen VSE RVE R..nmrnreMelndy1F1 11.1 W 'Wild ire aid Planning Arplirntinn`.10?.I be 2n111112fi..km r. Melody D. assih AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and have attached in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit C the new legals of our parcels after this adjustment has been made. We sign this Affidavit in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that the parcel of property involved in this boundary line adjustment that is owned by Letha Sue Sills is not part of a previously platted subdivision of record. S. We hereby represent that the parcel of property involved in this boundary line adjustment that is owned by Michael J. Fergen and Lara M. Fergen is part of a previously platted subdivision of record, Canyon Creek Estates. The Fergens will seek any approvals necessary for this boundary line adjustment pursuant to the Garfield County Unified Land Resolution of 2008. 6. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 7. We hereby represent that the boundary line adjustment being made will not result in any of the lots involved being less than the minimum lot size allowed as a result of the boundary line adjustment or create any non -conforming setbacks for any existing structures. 8. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this ce day of January, 2011 Letha Sue Sills 1 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this 23 day of January 2011, by Letha Sue Sills. Witness my hand and official seal. My commission expires: KRISTINA L. KEEGAN Notary Public State of Colorado DONE this day of January, 2011 STATE OF COLORADO ) ss. COUNTY OF GARFIELD Notary Public !' /4Jm' �y/? ichael . Fergen Lara M. Fergen The foregoing instrument was acknowledged before me thisp23 day of January 2011, by Michael J. Fergen and Lara M. Fergen. Witness my hand and official seal. My commission expires: ,? -// £Z. KRISTINA L. KEEGAN Notary Public State of Colorado Notary Public 2 EXHIBIT A FERGEN PROPERTY DESCRIPTION Lot 15 Canyon Creek Estates A Planned Unit Development According to the Plat Recorded May 8, 1992 as Reception No. 434857 County of Garfield State of Colorado EXHIBIT A SILLS PROPERTY DESCRIPTION A tract of land situate in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the 6th P.M., lying Easterly of the Canyon Creek centerline. Said parcel being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 25 bears S57 25'27" West 1533.29 feet, the point of true beginning; Thence S78 10'50" West to a point on the centerline of Canyon Creek; Thence along the centerline of Canyon Creek the following three courses: 1) N09 18'05" West 180.39 feet; Thence 2) N21 41'43" West 218.73 feet; Thence 3) NO3 33'39" West 118.27 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section 25; Thence N89 24'49" East 208.36 feet along said North line; Thence S00 25'18" West 483.14 feet along the West line of the Southeast Quarter of the Southwest Quarter of said Section 25 to the point of true beginning. Also a parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the 6`f' P.M. Said parcel of land being more particularly described as follows: Beginning at a point on the West line of said Southeast Quarter of the Southwest Quarter, Section 25, whence the Southwest corner of said Section 25 bears S57 25'27" West, a distance of 1533.29 feet, the true point of beginning; Thence along said West line on a bearing of North 00 25'18" East, a distance of 483.14 feet to the North line of said Southeast Quarter of the Southwest Quarter, Section 25; Thence leaving said West line along said North line on a bearing of N89 24'49" East, a distance of 103.35 feet; Thence leaving said North line on a bearing of South 01 05'30" East, a distance of 460.06 feet; Thence on a bearing of S78 10"50" West, a distance of 118.19 feet to the point of beginning. Together with the access easement as conveyed in the instrument recorded July 19, 1983 in Book 630 at page 919 and as shown on the Amended Plat of Canyon Creek Estates recorded September 15, 1986 as Reception No. 374423. County of Garfield, State of Colorado EXHIBIT B PARCEL CONVEYED TO LOT 15 A tract of land situated in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the sixth principal meridian. said parcel being more particularly described as follows: Beginning at a point on the Westerly line of Lot 15, according to the correction plat of the amended final plat of Lot 15, 20-42, Tract D and Tract H, Canyon Creek Estates Subdivision, County of Garfield County, Colorado being a rebar and cap, L.S. No. 26950 whence the Southwest corner of said Section 25 bears S.58 17'45"W. 1597.65 feet; thence N.28 53'17"E. 47.15 feet to a rebar and cap, L.S. No. 26950; thence N.23 50'26"W. 246.66 feet to a rebar and cap, L.S. No. 26950; thence N.65 55'56"E. 42.01 feet to a rebar and cap, L.S. 26950; thence N.33 52'52"E. 143.29 feet to a point on said Westerly line of Lot 15 a rebar and cap L.S. 26950; thence along said Westerly line S.01 05'30"E.393.11 feet; thence 5.78 11'57"W.49.55 feet to the point of beginning. Said parcel containing 0.56 acres, more or less. EXHIBIT C SILLS NEW PARCEL PROPERTY DESCRIPTION A tract of land situate in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the 6th P.M., lying Easterly of the Canyon Creek centerline. Said parcel being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 25 bears S57 25'27" West 1533.29 feet, the point of true beginning; Thence S78 10'50" West to a point on the centerline of Canyon Creek; Thence along the centerline of Canyon Creek the following three courses: 1) N09 18'05" West 180.39 feet; Thence 2) N21 41'43" West 218.73 feet; Thence 3) NO3 33'39" West 118.27 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section 25; Thence N89 24'49" East 208.36 feet along said North line; Thence S00 25'18" West 483.14 feet along the West Iine of the Southeast Quarter of the Southwest Quarter of said Section 25 to the point of true beginning. Also a parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the 6'h P.M. Said parcel of land being more particularly described as follows: Beginning at a point on the West line of said Southeast Quarter of the Southwest Quarter, Section 25, whence the Southwest corner of said Section 25 bears S57 25'27" West, a distance of 1533.29 feet, the true point of beginning; Thence along said West line on a bearing of North 00 25'18" East, a distance of 483.14 feet to the North line of said Southeast Quarter of the Southwest Quarter, Section 25; Thence leaving said West line along said North line on a bearing of N89 24'49" East, a distance of 103.35 feet; Thence leaving said North line on a bearing of South 01 05'30" East, a distance of 460.06 feet; Thence on a bearing of S78 10"50" West, a distance of 118.19 feet to the point of beginning. Together with the access easement as conveyed in the instrument recorded July 19, 1983 in Book 630 at page 919 and as shown on the Amended Plat of Canyon Creek Estates recorded September 15, 1986 as Reception No. 374423. EXCEPTING that parcel conveyed to Lot 15 according to the Amended Final Plat, Lots 15, 20- 42, Tract D and Tract H of Canyon Creek Estates, County of Garfield, State of Colorado: A tract of land situated in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the sixth principal meridian. said parcel being more particularly described as follows: Beginning at a point on the Westerly line of Lot 15, according to the correction plat of the amended final plat of Lot 15, 20-42, Tract D and Tract H, Canyon Creek Estates Subdivision, County of Garfield County, Colorado being a rebar and cap, L.S. No. 26950 whence the Southwest corner of said Section 25 bears 5.58 17'45"W. 1597.65 feet; thence N.28 53'17"E. 47.15 feet to a rebar and cap, L.S. No. 26950; thence N.23 50'26"W. 246.66 feet to a rebar and cap, L.S. No. 26950; thence N.65 55'56"E. 42.01feet to a rebar and cap, L.S. 26950; thence N.33 52'52"E. 143.29 feet to a point on said Westerly line of Lot 15 a rebar and cap L.S. 26950; thence along said Westerly line 5.01 05'30"E.393.11 feet; thence S.78 11'57"W.49.55 feet to the point of beginning. Said parcel containing 0.56 acres, more or less. County of Garfield, State of Colorado EXHIBIT C FERGEN NEW PARCEL PROPERTY DESCRIPTION Lot 15 Canyon Creek Estates A PIanned Unit Development According to the Plat Recorded May 8, 1992 as Reception No. 434857 County of Garfield State of Colorado INCLUDED as part of Lot 15 that parcel conveyed to Lot 15 according to the Amended Final Plat, Lots 15, 20-42, Tract D and Tract H of Canyon Creek Estates, County of Garfield, State of Colorado: A tract of land situated in the Southwest Quarter of Section 25, Township 5 South, Range 90 West of the sixth principal meridian. said parcel being more particularly described as follows: Beginning at a point on the Westerly line of Lot 15, according to the correction plat of the amended final plat of Lot 15, 20-42, Tract D and Tract H, Canyon Creek Estates Subdivision, County of Garfield County, Colorado being a rebar and cap, L.S. No. 26950 whence the Southwest corner of said Section 25 bears S.58 17'45"W. 1597.65 feet; thence N.28 53'17"E. 47.15 feet to a rebar and cap, L.S. No. 26950; thence N.23 50'26"W. 246.66 feet to a rebar and cap, L.S. No. 26950; thence N.65 55'56"E. 42.01 feet to a rebar and cap, L.S. 26950; thence N.33 52'52"E. 143.29 feet to a point on said Westerly line of Lot 15 a rebar and cap L.S. 26950; thence along said Westerly line S.01 05'30"E.393.11 feet; thence S.78 11'57"W.49.55 feet to the point of beginning. Said parcel containing 0.56 acres, more or less. 048 8L Bd G -F .11 r1 :04.i11.♦a♦ 111.1111/1!♦ ��t1* 1.1.11.. ! ..1.1.1.1.1.1. 1.1..A.1.1.R1_61.11..1A1r u alit) Tax Exemp 9 020 40 41 4; VA 4 � 0 4 046 8 ;el 4l — A Parcel 1 Property Owners Adjacent to Subject Property Letha S. Sills 581 Moorland Court Glenwood Springs, CO 81504 Cynthia Crandell 421 JB Court Glenwood Springs, CO 81601 Michael P. Shea and Laura J. Fetko 612 Highlands Drive Glenwood Springs, CO 81601 Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 Lazier -Sills, A Colorado General Partner Jimmy M. Sills & Robert T. Lazier 386 Hanson Ranch Road Vail, CO 81657-3609 Elaine L. Benson P.O. Box 2091 GIenwood Springs, CO 81602-2091 Gregory Don and Lois Jean Foraker 0689 Canyon Creek Drive Glenwood Springs, CO 81601 Robert T. Lazier 386 Hanson Ranch Road Vail, CO 81657-3609 Mary E. and Frank F. Cesark 0854 Canyon Creek Drive Glenwood Springs, CO 81601 Daniel Thimsen 0877 Canyon Creek Drive Glenwood Springs, CO 81601 S & A Enterprises, Inc. 162 W. 6th Street Glenwood Springs, CO 81601 Mary Kathryn Presutti, Trustee of the Mary Kathryn Presutti Revocable Trust dated 07/16/2009 881 Canyon Creek Drive GIenwood Springs, CO 81601 Edward 13. Olszewski Melody I). Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214_ 87i1 STREET, SUrrE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: I : 970.928.9100 FACSIMILE: 970.928.9600 March 10, 2011 Glenn Hartman, Senior Planner Garfield County Building and Planning Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 RE: Canyon Creek Lot 15 — Final Plat Amendment - File #FPAA-6709 Dear Glenn: Website: www.ommpc.com RECEIVED MAR 1 0 2011 GARFIELD COUNTY BUILDING & PLANNING Enclosed please find two copies of the Amended Final Plat produced by Scarrow & Walker in the above referenced matter. This plat includes changes as discussed at your meeting Monday, March 7, 2011. If you have any questions, please do not hesitate to contact Melody Massih at your convenience. Very truly yours, OLSZEWSKI, MASSIH & MAURER, P.C. n toruji 01 Melanie K. Davis, Legal Assistant By: MDM:mkd Enclosure 11^Mrinlr‘IT'RIII.14 Ilnitding and Planning AIp plastron 1 ial.11annian 2111111110.4kr ACCODI\C 2042,1 1311 SACT E 0 D A\ BLM AVE -\J ECTIO\ J TACT H GASFI FD FINAL SLAT OF LOT 15 SLAT OF THE AE J fl\AL PLAT OF LOTS 15, OF CA YO\ CEE< ESTATES SU DIVISIO\ 0 TY, COL0ADO � catovfr E v V J J E E EL NORTH LINE OF THE SE1/4SW1/4 OF SECTION 25 N 89'24'49" E 660.26' C 3 BLM U U `FOUND 3 1/2" AL CAP \d • SET REBAR & CAP L.S. NO. 2695 BOOK 1214, PAGE 509 SW COR. SEC. 25 \ ry h O PARCEL CONVEYED TO LOT 15 0.560 ACRES± 2 N 28'33'17" E 47.15' - FOUND REBAR & CAP LS. NO. 11204 4 43.0 �moo Fy EASEMENTS 0 P ut Li Lit s N 0 vl u m SET REBAR .t-• CAP L.S. NO. 26450 SL 101 30 )Wd01811053 Td151`J11i0 LOT 15 CANYON CREEK ESTATES 9.113 ACRES± + 0.560 ACRES± CONVEYED TOTAL = 9.673 ACRES± SET MBAR & CAP L.S. NO. 26950 FOUND R(BAR & CAP L.S. NO. 11204 POINT OF BEGINNING - CONVEYED PARCEL SOF iC 1 AL 80UNDARY OF LOT 15 3 78'11'57- w 49.55' >, a 1.0 A PERPETUAL EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES, INCLUDING, BUT NOT LIMITED TO ELECTRIC LINES , GAS LINES, TELEPHONE LINES AND CABLE TELEVISION LINES, IS RESERVED AND DEDICATED OVER AND THROUGH THE PRIVATE AND PUBLIC ROADS AND STREETS WITHIN LOT 15. TOGETHER WITH AN EASEMENT BEING 7.5 FEET IN WIDJT4–ALONG ALL SIDE LOT LINES AND 10 FEET IN WIDTH ALONG ALL FRONT -AND REAR LOT LINES, TOGETHER WITH PERPETUAL RIGHT OF INGRESS AND' EGRESS FOR INSTALLATION, MAINTENANCE AND REPLACEMENT OF SUCH 'LINES. SAID EASEMENTS SHALL BE UTILIZED IN A RESPONSIBLE AND PRUDENT MANNER. M FOUND REBAR & CAP L.S. NO. 11204 ACCESS EASEMENT FOR LOT 15 AND ADJOINING PROPERTY / 0 • S 89'2712" W 5 FOUND REBAR & CAP LS. NO. 11204 Z'6lL 3 .9t.Z£.00 309.80' .0, LOT 33 LOT 22 3913• FOUND REBAR & CAP L.S. NO. 11204 o. Cn. LOT 34 1^ FOUND REBAR & CAP L.S. NO. 11204 togii L=10.53' R=50-00' A=12'03'57" C LEN=10.51' BRG=S 24'27'01" w LOT 21 FOUND REBAR & CAP L.S. N0. 11204 LOT 32 LOT 31 NOTES 120' ti SCALE - 1 INCH = 60 ' EET it• ka• Poloscititone 4 ,11 w 1 ?V&I rs rax 1) THE BASIS OF BEARING FOR THIS SURVEY- IS N 89'24'49" E ALONG THE NORTH LINE OF THE SW1;4SW1 /4 OF SECTION 25. 2) DATE OF SURVEY – JUNE 2008 THRU DECEMBER 2008 3) THIS MAP WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT C)NSTITUTE A TITLE SEARCH BY SCARROW Sc WALKER, INC- OF THE PROPERTY SHOWN TO D:TERMINE OWNERSHIP, COMPATIBILITY WITH ADJOINING PARCELS, OR EASEMENTS OR ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL. BOARD OF COUNTY COMMISSIONERS' CERTIFICATE THIS PLAT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIEL) COUNTY, COLORADO THIS • DAY OF A.D. 2008, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD >" COUNTY .AND, FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN 'iEREON; SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATS GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTING OF IMPROVB'AENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUILIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISIIONERS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGA'E GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC HIGHWAYS. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: COUNTY SURVEYOR CERTIFICATE APPROVED TOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATICJS OR DRAFTING. PURSUANT TO C.R.S. 38-51-101 AND 102, AS AMENDED. GARFIELD C)UNTY SURVEYOR cyr ATTORNEY'S CERTIFICATE ,AN ATTORNEY LICENSED TO /" PRACTICE ..AW IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT ALL DEDICATIOIS TO THE PUBLIC, AS DESCRIBED ON THIS FINAL PLAT ARE FREE AND CLEAR OF ANY LIENS, CLAIMS AND ENCUMBRANCES OF RECORD AND FURTHER HAT THIS SUBDIVISION IS IN SUBSTANTIAL COMPLIANCE WITH THE . GARIIELD COUNTY SUBDIVISION REGULATIONS OF 1984. L;G kA etrocifrt U•I LOT 19, 2ND AMENDED PLAT ATTORNEY Date , SURVEYORS CERTIFICATION I, THE UNIERSIGNED, BEING A R TERM ROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HERE= CERTIFY HAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE AMEN D FINS LAT OF LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENFINAL PLAT, LOT 15, 20-42, TRACT D AND TRACT H;-CANY01 CREEK ESTATES, COUNTY OF GARFIELD, STATE OF COLORADO AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECT" SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIAIEE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. OAF NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the dote of certification shown hereon. GON A. BAGENT COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR # 26950 FOR AND BEHALF OF SCARROW AND WALKER, INC. `1"70r1 /12 c iga I 26950 ,:vS4 VICINITY MAP — 1" = 2000' CERTIFICATE OF DEDICATION AND OWNERSHIP OW ALL MEN BY THESE PRESENTS: THAT THI� UNDERSIGNED BEING SOLE OWNER(S), OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF GARFIELD, STATE OF COLORADO, AND BEING A PART OF CANYON CREEK ESTATES AS SHOWN ON THE ACCOMPANYING PLAT, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION LOT 15 LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENDED FINAL PLAT, LOTS 15, 20-42, TRACT D AND–TRACT H OF CANYON ,CRES< IS-TATES, COUNTY OF GARFIELD, STATE OF COL0RF DO.) reaNdi4 P PROP N PARCEL CONVEYED TO LOT 15, FROM THAT PARCEL AS DESCRIBED IN (BOOK 1214, PAGE 509). A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25. TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M.. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF4LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE AMENDED FINAL PLAT, LOT 15, 20-42, TRACT D AND TRACT H, CANYON CREEK ESTATES, COUNTY OF GARFIELD, STATE OF COLORADO BEING A REBAR AND CAP, L.S. NO. 26950 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 25 BEARS S 58'17'45" W 1597.65 FEET; THENCE N 28'53'17" E 47.15 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N 23'50'26" W 246.66 FEET TO A REBAR AND CAP, L.S. NO. 26950; THENCE N 65'55'56" E 42.01 FEET TO A REBAR AND CAP, L.S. NO 26950; THENCE N 33'52'52" E 143.29 FEET TO A POINT ON SAID WESTERLY LINE OF LOT 15 A REBAR AND CAP L.S. NO. 26950; THENCE ALONG SAID WESTERLY LINE S 01'05'30" E 393.11 FEET; THENCE S 78'11'57" W 49.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.56 ACRES, MORE OR LESS. THAT SAID OWNERS HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS THE AMENDED FINAL PLAT FOR LOT 15, ACCORDING TO THE CORRECTION PLAT OF THE FINAL PLAT, LOT 15, 20-42, TRACT D AND TRACT H OF CANYON CREEK ESTATES, COUNTY OF GARFIELD, STATE OF COLORADO. SA OWNERS DO HEREBY DEDICATE AND SET APA AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT T FOREVER, AND HEREBY DEDICATE TO THE PUBLIC UTILITI OF SAI' ; ';s' L. CH ARE LAB • AS •MPANYING PLAT AS PERPE 1 T I . - INSTALL MAINTENA OF LITIES, IRRIGATION AND DRAINAGE FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRIC LINES, GAS LINES, TELEPHONE LINES; TOGETHER WI''H THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RICHT TO INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH- LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. Avwi«c._10I— ALL OF THE STREETS THE USE OF THE PUBLIC S THOSE PORTIONS THE b THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. IN WITNESS WHEREOF SAID OWNER HAS CAUSED HIS (HER) NAME(S) TO BE HEREUNTO SUBSCRIBED THIS DAY OF 20____�__, A.D. WN RCS) STATE OF COLORADO ) COUNTY OF GARFIELC )SS. �i6144CJkre(Ns LAVA et rev foti THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 A.D. BY MY COMMISSION EXPIRES WITNESS MY HAND AND SEAL NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT O'CLOCK M., ON THE DAY OF 20____, A.D. AND IS DULY RECORDED IN BOOK PAGE ____—_–, RECEPTION NO. CLERK AND RECORDER BY: DEPUTY 0 CID O o 1.O o v a o O U a Dom 000 O O C N c� 1- co u, GO I L!) 0) 1) 0 a� 0 rn c 0 0) N L 45 c 0 Q L_ 0 rn 4) 0 c N. a -a E -0 • 0 0»»Adj 08 drawing number 0»/ I. cra' coord file number : -0 co 0 Project: Owner: Representative: Staff: Base Fee: GARFIELD COUNTY STAFF BILLING Amended Final Plat Lot 15, Canyon Creek Estates Subdivision - FPPA- 6709 Michael and Lara Fergen Melody Massih Glenn Hartmann, Senior Planner $100. Date 1/21/2011 1/26/2011 1/28/2011 2/17/2011 2/18/2011 3/7/2011 3/15 - 3/17/11 'Description ofWork Performed Completeness Review and NTC Finding Review supplemental materals TC Letter, schedule, notice Director's Decision Letter & Conditions Review County Surveyors Comments and draft plat Meeting on Plat edits Final processing of the plat Code CR CR Hours 0.75 0.5 TE RW AR AR AR 1 1 0.75 0.5 Total Hours 5.5 Fee Calculation Director Total Other Charges Hrs © $ 50,50 = $ - Asst. Director $ 122.75 Hrs @ $ 45.50 = $ - Sr. Planner 5.5 Hrs @ $ 40.50 = $ 222.75 Plan. Tech. Hrs @ $ 33.75 = $ - Secretary Hrs © $ 30.00 = $ - Total Fee $ 222.75 Total Other Charges Grand Total $ 222.75 Base Fee (Minus) $ 100.00 Balance Due $ 122.75 NOTES: 1. Codes: a. CR(Completion Review) b, TE (Technical Compliance Review) c. AR (Application Review) d. RW (Report Writing) e. RA (Review Agency Reporting) f. SV (Site Visit) g. MH (Meetings and Hearings) h. TC (Telephone Conference) 1. GIS (Geographic Information Systems) j. AS (Administrative Support) k. M (Misc., postage, copies, fax) 2. Misc. Expense: Photo Copies ($0.25/page) 3. Fees: 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 recognizes that the land use application process time vanes and that an Applicant should pay for the total cost of the review which may require additional billing. Hourly rates are based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost of the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. U:\LAND USE CASE REVlEWS120111Canyon Creek Estates Lot 15 Amd\Canyon Creek Lot 15 Project Billing Template 3/28/20111:26 PM GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Michael J. Fergen and Lara M. Fergen Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Subdivision Application Final Plat Amendment/Correction Plat (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 the guidelines 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 permit 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 COUNTY to reimburse the COUNTY 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) /4,40.e,/ice Sign• ure Michael J. Fergen and Lara M. Fergon Print Name Mailing Address: 0476 JB Court Date Glenwood Springs, CO 81601 Page 4