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Home My WebLink About2.0 BOCC Staff Report 11.07.2005Exhibits for Public Meeting held on November 7, 2005 Exhibit Letter (A to Z) Exhibit A Staff Memorandum B Application materials C Garfield County Zoning Regulations of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Partial Release of Right -of -Way and Easement F Letter from SGM dated October 1, 2005 G Letter from Balcomb & Green dated October 25, 2005 H PUD Zoning Map of Los Amigos Ranch PUD • • BOCC 11/07/05 FJ PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LOCATION Amended Plat Hayden Radar Adjacent to CMC on CR 114 in Spring Valley (adjacent to Auburn Ridge Apartments) PROPERTY Lot 1, Filing 1, Los Amigos Ranch Planned Unit Development ZONING PUD LOT SIZE 7.315 acres • • Amended Plat for Lot 1, Filing 1, Los Amigos Ranch PUD BOCC —11/07/05 Page 2 I. DESCRIPTION OF THE PROPOSAL The owner of Lot 1, Filing 1 of the Los Amigos PUD requests the ability to remove certain easements from the plat for Lot 1. Specifically, the Applicant wishes to remove the following easements: A) 35 -foot natural gas line easement provided to Rocky Mountain Natural Gas Company (a recorded easement); B) 45 -foot access easement between Lot land the rest of the Los Amigos Ranch Development which is now called Elk Springs Ranch (a platted easement); C) 20 -foot sewer line easement (a platted easement); and D) 10 -foot telephone easement to Qwest (a platted easement). II. REGULATORY AUTHORITY Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. This request will not result in either of the two aforementioned standards and Staff finds these standards are met. III. STAFF COMMENTS Lot 1 was originally part of a larger 14 -acre lot in the Los Amigos Ranch PUD and zoned multi- family to accommodate approximately 96 multi -family units as is shown on the PUD map included with this memorandum as Exhibit H. It was subsequently split into Lot 1 and Lot 2 and has also been removed from the Los Amigos (now Elk Springs) Homeowners Association (HOA). The Auburn Ridge Apartments were constructed on Lot 2 and the beginnings of a multi -family unit development occurred on Lot 1 but were abandoned leaving bare foundations on the lot which remain today. The utility easements which are to be eliminated by this request were intended to serve those abandoned units. Similarly, the access easement was originally platted as an historic access to the adjacent lots in Los Amigos Ranch PUD. The Applicant intends to redevelop Lot 1 in a different manner than originally proposed. As such, the Applicant wishes to clean up the plat by removing the unnecessary utility and access easements then intends to submit a different development plan to the County for approval for the lot in the future Three of the easements (telephone, sewer, and access) are easements created simply by depicting them on the final plat for Lot 1 and are not the result of separately recorded easements. Staff has contacted QWEST which expressed no issue with the abandonment of the telephone easement. • • Amended Plat for Lot 1, Filing 1, Los Amigos Ranch PUD BOCC —11/07/05 Page 3 Schmeuser Gordon Meyer (SGM) provided a letter (Exhibit F) on behalf of Spring Valley Sanitation District indicating they had no objection to the abandonment of the sewer line easement. Balcomb and Green, representing the Elk Springs Homeowners Association provided a letter (Exhibit G) stating they had no objection to the elimination of the access easement. To this end, replatting Lot 1 with the elimination of these three easements will effectively vacate them. The fourth easement to be vacated, a 35 -foot natural gas line, is a separately recorded easement filed in the records of the County Clerk and Recorder's Office in Book 959, page 392 and Book 950, page 667. This easement was granted from Pat E. Dowdy Revocable Trust and Patsy J. Dowdy Revocable Trust to Rocky Mountain Natural Gas Company in 1995. Note, this easement also included a 50' x 50' meter station site on Lot 1 which is not being vacated by the present application. To this end, the Applicant provided a document entitled "Partial Release of Right -of -Way and Easement" which has been recorded in the County Clerk and Recorder's Office in Book 1721, page 37. This document releases the obligations and terms of the easement back to the Applicant (with the exception of the50' x 50' meter station site on Lot 1). A legal description is provided in the document which described the area of the easement to be released. This is attached as Exhibit E. IV. SUMMARY & RECOMISIENDATION Staff finds that the removal of the aforementioned utility and access easements from Lot 1 will not adversely affect any adjoining property and will effectively unencumbered Lot 1 from unnecessary and illogical easement placement. Further, all of the parties to which the easements have been granted have expressed no objection to their removal. The Applicant has provided all required documentation and has satisfied the applicable standards for a plat amendment. Therefore, the Planning Staff recommends that the Board of County Commissioners, pursuant to Section 6:10 of the Subdivision Regulations of 1984, as amended, approve this amended plat request with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. Sent By: ; • 1; Oct -210 3:19PM; 1 111111 8111 1111111 11111 111 11111 1111111 111 11111 1111 1111 '681127 08/29/2005 02:02P 81721 P37 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO PARTIAL RELEASE OF RIGHT-OF-WAY AND EASEMENT KNOW ALL BY THESE PRESENTS: EXHIBIT I r WHEREAS, by instrument recorded November 27, 1995 at 3:20 pm at Book 959, Page 392, Reception Number 485729 in the Recorder's office of Garfield County, State of Colorado, Pat E. Dowdy Revocable Trust and Patsy J. Dowdy Revocable Trust, Grantors, conveyed to Rocky Mountain Natural Gas Company, a Colorado corporation, Grantee, a Right -of -Way and Easement on, over, under, across and through the following -described lands situated in the County of Garfield and State of Colorado, to wit: A thirty-five foot (35') wide right of way and easement together with a fifty foot (50') by fifty foot (50') by fifty foot (50') meter station site all located within Lot 1, Resubdivision of Los Amigos Ranch, Filing No. 1 also known as 0228 Auburn Ridge Lane, Glenwood Springs, CO 81601 WHEREAS, it has been requested that a portion of said right-of-way and easement be released to free said land from the encumbrance of said easement. NOW THEREFORE, for and in consideration of Ten Dollars and other valuable consideration, receipt of which is hereby acknowledged, Rocky Mountain Natural Gas Company, a Colorado corporation does hereby release unto the present owners, their heirs and assigns, all of its right, title and interest acquired under the aforesaid right-of-way and easement insofar as to the following -described land: A 35.00 foot wide strip of land situated in Lot 1, a resubdivision of Los Amigos Ranch filing No. One, as recorded in the office of the Clerk & Recorder of Garfield County, as Reception No. 344098, said parcel also being a portion of Government Lot 10, Section 5, Township 7 South, Range 88 West of the 61h PM, County of Garfield, State of Colorado; said strip of land being 17.50 feet on each side of the following described center line: Commencing at the NE corner of Section 8, a stone in place; thence N 62 deg 09' 28" W 1097.67 feet to the SE corner of said Lot 1; thence N 25 deg 56' 05" W along the easterly boundary line of said Lot 1 329.27 feet; thence continuing along said easterly boundary line N 32 deg 13' 24" W 255.00 feet to the NE comer of said Lot 1; a Rebar and Cap, L.S. No. 15710 found in place; thence S 49 deg 13' 24" W 289.42 feet to the true point of beginning; thence N 77 deg 17' 07" E along said center line 5.47 feet; thence continuing along said center line S 66 deg 53' 45" E 15.30 feet; thence continuing along said center line S 43 deg 57' 10" E 16.99 feet; thence continuing along said center line S 22 deg 39' 04" E 22.33 feet; thence continuing along said center line S 09 deg 04' 17" E 46.66 feet; thence continuing along said center line S 12 deg 45' 03" E 73.01 feet; thence continuing along said center line S 78 deg 33' 56" W 145.82 feet; thence continuing along said center line S 65 deg 03' 29" W 45.67 feet; thence continuing along said center line S 71 deg 45' 23" W 89.17 feet; thence continuing along said center line S 65 deg 29' 59" W 76.32 feet; thence continuing along said center line S 80 deg 00' 55" W 63.94 feet to a point on the Westerly boundary of said Lot 1, the terminus; saki strip of land containing 0.489 acres, more or less. Note: This description is identical to the property Recorder's office of Garfiel�j.,County, State of Colora day oZ16 20Q 1 Dated this ed in Book 959 @ Page 396, in the ROCKY MOUNTAIN NATURA GAS COMPANY C "/ L �- Daniel E. Watson, President Sent By: ; 41110 1; 11E11 11111 UCH 111111 111 1111111 111 1..r 681127 08/29/2005 02:02P B1721 P38 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO State of Colorado County of Jeffe ) Oct -21111, 3:20PM; Page 2/2 On this / ` day o l 2005, before me, a notary public in and for said county, personally appeared Daniel E. Watson, President of Rocky Mountain Natural Gas Company, personally known to me to be the same person who executed the foregoing instrument and who has acknowledged the execution of the same as representative on behalf of, and as the free act and deed of said corporation. IN WITNESS WHEREOF l have hereunto set my ha pd and�affi d ,; o trial x.and year last above written. _,AWwaiptraf S •.ry•ubl' -:, My;dorFimissypn Expires: 07, oqm SCHMUESER GORDON MEYER • ENGINEERS & SURVEYORS October 4, 2005 Mr. Fred. Jarman, Garfield Count Planning Garfield County Courthouse 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 3 LEN WOOD SPRING:, I 18 W. 6TH, SUITE 200 GLENWOOD SPRINGS, CO 8 1601 970-945- 1 004 FX: 970-945-5948 • ASPEN P.O. BOX 2 1 55 ASPEN, CO 8 1 61 2 970-925-6727 Fx: 970-925-41 5 7 fredi(a�garfield-county.com RE: Lot 1, Resubdivision Filing #1 of Los Amigos Ranch Vacation of Sewer Easement Dear Fred: 2 EXHIBIT P.O. Box 3088 CRESTED BUTTE. CO 81 224 970-349-5355 Fx: 970-349-5358 This is in response on behalf of the Spring Valley Sanitation District. You had asked for a comment on Mr. Rader's proposal to abandon two segments of sanitary sewerline on the above referenced project as part of an Amended Plat. The portion of the line that would be abandoned is in place to provide service only to Lot 1. The District does not have an issue with abandoning those two segments. Once abandoned, if they continue to be used, they would then be part of the service line for this property and the ongoing operation and maintenance would be the responsibility of the subsequent homeowners. Upon redevelopment, if the Developer wishes to rededicate these lines as part of a public portion of a collection system, the District would then accept those according to their standard rules and regulations. Please call me if I can provide any additional input. Respectfully submitted, SCHMUESER GORDON MEYER, INC. Dean W. Gor District Enginee DWG:Iec11501A-27 cc: Denise Diers, SVSD Manager Jim Neu, Esq. I:\1981101503101503A127 - Rader Perpertv110-4-05 Itr to Jarman.doc spsan yahoo,com isn a(�Iklaw.com • • EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP VIA HAND DELIVERY TO: BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TEL.EPH ONE: 970.945.6546 FACSIMILE: 970.945.9769 www.balcombgreen.com October 25, 2005 Fred Jarman Garfield County Building & Planning Department 108i 8th Street, Suite 201 Glenwood Springs, CO 81601 OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY OCT 2 5 2005 Re: Amended Plat, Lot 1, Resubdivision of Los Amigos Ranch Filing 1, Garfield County Dear Fred: I have review the above -referenced proposed Amended Plat, together with the related vacation map, with the President of the Elk Springs Homeowners Association and an authorized representative of Elk Springs, LLC. After that review, I have been authorized to state that neither the HOA nor Elk Springs, LLC have any objection to the elimination of the easement defined as Vacated Easement No. 2 (the historic access easement) depicted on the Easement Vacation Map. Neither of the referenced entities have any interest in vacated easements 1, 2, and 4, as shown on the Easement Vacation Map, so to the extent that their comment is pertinent, they likewise have no objection to the elimination of those easements. Thank you for the opportunity to comment on the referenced Amended Plat. Please contact me if you have any further questions about this matter. LRG/bc xc: Gary McElwee Very truly yours, BALCOMB & GREEN, P.C. Lawrence R. ree Sent By: • o 2__o ,: 1 :4, F`rA: 1; Nov-211114:00PM; Qwest, Spurt of Service"' Office (970) 350-2922 Digital Pager (970) 350-1121 Facsimile (970) 350.2883 12680 Weld County Road 58, Greeley, CO 80634 October 28, 2005 Hayden Raider P.O. Box 686 Glenwood Springs, CO 81602 RE: Vacate of utility easement Dear Hayden: Reference is made for Qwest Corporation (F.K.A. US WEST Communications) to allow for the vacation of an existing easement located in Lot 1, Resudivision of Los Amigos Ranch Filing Number One, County of Garfield, State of Colorado as shown on the Easement Vacatoion Map provided by Schumueser Gordon Meyer. Qwest has no conflick with the vacation of the easement. Please call me if you have any questions. Sincerely, Don Somer Rl W Manager Qwest Corporation • • November 7. 2005 Hayden Radar P. O. Box 686 Glenwood Springs, Colorado 81602 Re: Request for Plat Amendment Dear Mr. Radar, Garfield County BUILDING & PLANNING DEPARTMENT As you are aware, on Monday, November 7, 2005, the Board of County Commissioners approved your request to amend the final plat for Lot 1, Filing, 1 of Los Amigos PUD with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, than signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder' s Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. Do not hesitate to contact this office in the event you have any questions. Very truly yours, 14 Fred A. Jarman, AICP Assistant Planning Director 970.945.8212 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470