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Home My WebLink About1.0 Application• • LAZIER/SILLS PARTNERSHIP 45705 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 (303) 945-9809 November 15, 1991 Mr. Andrew C. McGregor Garfield County Regulatory Offices & Personnel 109 8th Street Glenwood Springs, CO 81601 RE:, Property Line Adjustment Dear Mr. McGregor, riNgTp2m-Tr NOV 25 1991 nLLL ,,vUiv FY Joe Vittum has requested that I respond to your letter dated November 5, 1991, (attached) regarding the amendment of Lot #49 of the Canyon Creek Estates Project. Apparently the Lot #48 and #49 front pin was incorrectly installed at the point in time simultaneous construction began for the residences now built on these lots. As this pin was used to accomplish the lay of these houses, it was not until a Lot Improvement Survey was ordered that the incorrect location was discovered. The result of this is that the Lot #48 structure intrudes on the required set back. Fortunately, the owners of both lots are in agreement to resolve this issue through a quit claim transaction, which I have also included with this letter. We are therefore requesting your review and approval of this transaction and have included an amended plat of Lot #49 for your consideration. In the event any additional information needs to be provided, please feel free to contact any of the interested parties at your convenience. Sincerely, Jimmy Sills GARFIELD COUNTY IIIGULATORY OFFICES AND PE:RSONNI November 5, 1991 Joseph Harlan Vittum 45855 Hwy 6, #48 Glenwood Springs, CO 81601 RE: Property Line Adjustment Dear Mr. Vittum: It has been brought to my attention that you recently modified your lot lines with an adjacent neighbor's lot. This enlargement was accomplished with the recordation of a quit claim deed. Section 6.00 of the Garfield County Subdivision Regulations (see enclosed) requires that an amended plat be prepared for any amendment in a subdivision that does not increase the number of subdivision lots or dwelling units. The amended plat should be submitted with a narrative explanation for the lot line modification as well as evidence of consent of affected landowners to the Planning Department. The plat will then be submitted to the Board of County Commissioners for their review and approval. If you have any questions regarding this process, feel free to give me a call. Sincerely, Andrew C. McGregor Planner ACM/rlb xc: Robert and Ina Fritsch Sheila Jennings 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 4 Viiy ,pv' Recorded at Reception No. QUIT CLAIM DEED THIS DEED, Made this day of , 19 91 between Robert D. Fritsch and Ina Fritsch Recorder. • BOOX 816 pAGE52Q of the "County of Garfield and State of Colorado, grantor(s), and Joseph Harlan Vittum whose legal address is 45855 Hwy.• 6, 448, Glenwood Springs, Colorado 81601 of the County of Garfield uCi F 30 1991 State Doc. Fee and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration 1 the receipt and sufficiency of which is hereby acknowledged, ha ve remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in and to the real property, together with improvements, if any, situate, lying and being in the County of Gar field and State of Colorado, described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as: vacant land 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 grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) haVe executed this deed on the date set forth above. -�- ' . JA Robert D. Fritsch Ina Fritsch STATE OF COLORADO, Iss. countyof Garfield The foregoing instrument was acknowledged before me this 48 day of Octy L.'. by Robert D. Fritsch and Ina Fritsch My commission expires , 19 . Witness my hand and official seal. Ewes -/3•44 'If in Denver, insert "City and." v„ur. ILM,c No.933. Rev. 4-9L QUIT CLAIM DEED Bradford Publishing. 1743 Wame Si. Denver. CO 80202 —1.101) 292-251)0 — 4-91 . "r EXHIBIT A • • PROPERTY DESCRIPTION BOOK Sib PMME521. A parcel of lama being a portion of Lot 49 of Canyon Creek Estates as shown on the Third Amended Plat of Canyon Creek Estates, County of Garfield, State of Colorado, said plat being a Resubdivision of Blocks 1, 2, 3, 4, 11, 12, 13 arra 15 according to the Second Amended Plat of Canyon Creek Estates and recorded in the Garfield County Clerk and Recorder's Office; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Lot 49, also being the Southeast Corner of Lot 48 of said subdivision; thence N.80°46'04"W. 213.98 to the Easterly right-of-way of Shelljo Drive; thence 5.00 feet along the arc of a curve to the left having a radius of 334.83 feet, a central angle of 00°51'20" (chord bears N.23°37'46"E. 5.00 feet) to the Northwest corner of said Lot 49, also being the Southwest corner of said Lot 48; thence 5.79°27'44"E. along the property line common to Lots 48 and 49 212.79 feet to the point of beginning, said parcel containing 518.1 square feet (0.011 acres), more or less. \ \ I aMM� ;OMMON OPEN SPACE WENDY SUE PARK TRACT E SHE��0 F�� 4s F��iG , / 0 2: 4; 53N O. 452 5 I 4Cpe 0.466 4cfe 06' 26' iss N 0 Of N W N 0 m ti • 0.439 4c,6, 75 o6. 49 0' 384 ,4c�e 7506. ° (•, n. 0 • BOOK 816 PAGE522 V'01 21.° 1 � • i T/QA- Cr A_/ J --J a. is N O 0040 01 ” E 3 45.14 75.00 c Oj / 46 0.334 ,i1 �, Acre o, m m o M N n s 47 0.35 Acre w 0 79.6/. 75.83' 75.00 ep 45 0.3/9 Acre 2 on O N 75.50' 44 0.304 a, Acre u) o. 0 N CO 75.50' 4 O / O \ glop \ f -m\ orW o, 43 0.293 Acre N 76 51' 75 50' tz) ACCESS ANO U EASEMENT :ear in s - a bearing of N 89°24'49" E' along the north line of Section .5 - April, 1987 Lam- 48 \.._, G ; \ Bo-c,E\ A e i i 2,C -td the insta:lation and maintenance of utilities and _. _,. i nclt:din4, but not limited to, electric lines, gas SOI°02 25 W • . r• .; : 0 0 ht1SN1?S12_ _ DZID_ _.COBBECTSp-_ PLBTS - As ; Section 30-28-133(a). 61 0 An amendment- may be made to a recorded dsu redpla.t, if lots silch X . amendment does not increase the nu road or dwelling units, result in the major relocation of a with or add new roads. The amended plat shall be littedion ith a narrative explantion of the reason for the app and the consent of all land owners involved to the Garfield Division County Department of Development/Planning recorded plaor review and comparison with the previously t. Y Within thirty (30) days of submittal, the ame7ided plat shall mi be brought before the Board of CountyCou i.Ssioed ners for review and decision. If approved, a plat ded the County Final Plat" shall be signed and datbyirman of the Board Surveyor, then signed and dated by the e and recorded in the Clerk and Recorder's Off.=ce of Garfield County within ninety (90) days. 6:20 A correction may be made to an approved plat, if the sole purpose is to correct technical errors, and the correction is consistent with bee salbpilt<d toethe1Playl�i��9aUivisilon e corrected plat shall with a narrative e�laanc7'l�iompll�isonawitii ti►en for Preliminary lat correction, for review Plan. Within thirty (30) days s of submittal, the corrected plat shall be brought before the Board of Count Commissioners for review and decision. I`_ approved, the he plat shall be signed and recorded, as required of any al Plat and noted in Section 5:10. • author iz _d by C.R.S 6-1 w • • LOT 49, ANYON CREEK ESTATES CARFIEZJJ' COUNTY, COLORADO # ;b43<:;6 'S431 b° IOCIC) 4.c`0G \ P O` C 797744. • A = 1247'35" R = 334.83' L = 74.76' CH = S 3028'40" W 74.60' (LOT 98) FOUND REBAR & CAP LS , 11204 FOUND REBAR & CAP LS g 11204 LOT 50) FOUND REBAR & CAP LS 11204 NOTES: 1) THIS SURVEY IS BASED ON THE THIRD AMENDED PLAT OF CANYON CREEK ESTATES AND RECEPTION NO. 428665 AS RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. 2) THIS' MAP WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT CONSTITUTE A T1111 SEARCH BY THIS SURVEYOR OR SCARROW AND WALKER, INC. OF THE PROPERTY SHOWN TO DETERMINE OWNERSHIP, COMPATIBILITY WITH ADJOINING PARCELS, OR EASEMENTS OR ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL. 3) THIS MAP IS BASED ON A FIELD SURVEY PERFORMED AUGUST 14, 1991. FIELD INFORMATION HAS NOT BEEN VERIFIED SINCE THAT DATE, This to certify that the survey shown on this plat was made by Scarrow & Walker, Inc. under my direct supervision, responsibility and checking and that it is true and correct to the best of my knowledge and belief. n t. v�:,(�.•K�.d 7'1. fli; .c r :°.v: //i4 4'ii11 L Fty\ \to�� SCARROT & FILM INC 811 COLORADO A GLENWOOD SPRINGS, CO 'ADO By. Steven R. Pace, L.S. #22580 For and on behalf of Scarrow & Walker, Inc. DATE: NOVEMBER 1, 1,991 NOTICE AXORDINC TO COLORADO TAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN 1125 SURVEY NITHIN3 YEARS AFTER YOU FIST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURREY BE COMMENCED MORE THAN TEN YEARS FROM 111E DATE OF CERTIFICATION SHOW HEREON. DWN BY: DAC CKD BY: SCALE: 1 INCH = 40 FEET JOB NO. 91211 • GARFIELD COUNTY • REGULATORY OFFICES AND PERSONNEL December 9, 1991 Jimmy Sills Lazier/Sills Partnership 45705 Highway 6 & 24 Glenwood Springs, CO 81601 R E: Lots 48 and 49, Third Amended Plat, Canyon Creek Estates Dear Mr. Sills: I appreciate your concern in attempting to resolve this technical issue between Lots 48 and 49. Unfortunately, I am not at liberty to approve the "property line adjustment" as submitted. As I indicated in my letter of November 5, 1991 to Mr. Vittum, the amendment process for subdivided lots is described in Section 6:00 of the Garfield County Subdivision Regulations. This section requires that an amended plat be submitted, accompanied by an explanatory narrative, to the Planning Department. Within thirty (30) days, the plat is submitted to the Board of County Commissioners for review and decision. Upon approval, the plat is then recorded with the County Clerk's Office. Unfortunately, the quit claim transaction is not adequate to legally resolve this issue. In addition, it has been brought to my attention that the recently recorded plat, known as Amended Final Plat, Lots 15, 20-42, Tract D and H, was determined to have errors on it. Apparently these have been corrected by your surveyor. However, the corrected plat needs to be signed and approved by the County Commissioners. If you have any questions about either of these matters, please call. Sincerely, Andrew C. McGregor Planner ACM/rlb xc: Joe Vittum Sheila Jennings 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 LOT 43, Trd MENDED PLS' OF CANYON CREEK ES24FES CARFIEZD COUNTY, COIORADO EASEMENT LINE AS GRAPHICALLY ON 3RD A LOT 44) SI2L N 0740' 25.0 ro Diij E 66,00' 41.00' A = 0136'58" R = 354.56' L = 10.00' CH = N 06'48'431' E 10.00' EASEMENT UNE AS PER MATHEMATICAL NOTATIONS ON 3RD AMENDED PLAT hCra LOT 43 0.293 AcJ S 01'02'25" W 76.51' 'NS -Goo NOTICE ACCORDING TO COLORADO LAW. YOU MUST COMMOVE ANYIECAL ACTION BASED UPON ANY DEFECT IN NS SURVEY WHIN 3 YEARS AF7ER YOU FRST DISCOVER SUN DEFECT, IN NO SENT MAY ANY ACTION BASED UPON ANY D TFCT IN TINS SURVEY BE CAD MORE THAN TEN )EARS FROM DE DATE or CiRAFICATION SHOW WON. SCAR OF & TA1 '.� INa 811 COLORADO AVE. GLENWOOD SPRINGS, COLORADO DATE: NOVEMBER 18, 1991 DWN BY DAC CKD BY: SCALE: 1 INCH = 30 FEET JOB NO. 901076 • • LAZIER/SILLS PARTNERSHIP 45705 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 (303) 945-9809 January 30, 1992 Mr. Mark Bean Garfield County Regulatory Offices & Personnel 109 8th Street Glenwood Springs, CO 81601 RE: Canyon Creek Estates Access Abandonment Lot #43 Dear Mark, GARFIELD COUNTY Enclosed herewith, please find a(revised plat of Lot #43 which is provided for filing in order to eamismilirmegte the access easement originally indicated with the Lot #43 final plat. The original final plat for Lot #43 included this easement in order to provide access to the block of lots which were not created at that point in time. The Lazier/Sills Partnership has since designed and filed with the county a final plat of the block which by design does not incorporate or require this original access. It is therefore respectfully requested that the County Commissioners review and approve this/�of Lot #43 and record it as a revised final plat. Gv/`/Gc7`si{ It should be noted that no utilities are included within the original access and through this abandonment Lot #43 becomes a more buildable lot without affecting anyone or anything in any negative manner. Sincerely, Jimmy Sills L/,27 7! T Lzieqs v-cli I 1-054A:8