HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.945.3470
www.garfield-countycom
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address / General Location of Property: V7ZP 7,9 &:' t 7-
MNym./ e e-( 6'( /D J"xi 4/6._s-
/'6sy
fr.Legal Description: ,LD 7 /s CALA/W 4/ pre -C-4 6---,-/7-4-7-&---f
Subdivision Name: Com-- /yOA/ C,(CES FS% rSt--TES-
Y Description of Proposal: T4,4 -it de/e. ,4 . 5�/ xez6 Fd,e774,
Dlc A-�T9-C' Ei /7 14.4 -"/T O, e,az ? r / 7 ,f_l//16LAr-��
L.4-14 �F. -
Name of Property Owner (Applicant): eti/e,Y,4CL -,t/j L..4, 4- ,t A ' f7
Y Address: 4/71 To. ezer.er Telephone: 94/5-437
i= City: t!j Lit/ /L4.. Y7�,_ V6f State: eio Zip Code: Mod FAX: 94/5-95-
➢ Name of Owner's Representative, if any (Planner, Attorney, etc):
'r- Address: Telephone:
r City: State: Zip Code: _ FAX:
STAFF USE ONLY
fr Doc. No.: Date Submitted: TC Date:
fr Planner: Hearing Date:
➢ Zone District: Fnmi-Tr.,....
JAN Lase Revised: 11/21/02
�} 2004
GARFIEBUILDING&PN
PLANNING
I. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. If approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of watt; in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) School fees, taxes and special assessments have been paid.
The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. If proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
2
(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3)
The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
if approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. It will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
3
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
In addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
H. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The'
application for an amended plat or corrected plat shall be submitted with the following:
1 }A narrative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00
Base Fee with the application.
. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
B. For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated following the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
4
4. Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
5. Evidence of the soil types and characteristics of each type.
6. Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
7. If connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
8. The Applicant shall sign the "Agreement For Payment" form and provide the $150.00
Base Fee with the application.
9. Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above and have provide the required attached information which is
correct and accurate to the best of my knowle
(Signature of applic. -.wner) / 7
5
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and 142/64-e7._ /WO /-2i4 e/s/
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
Date. /02--' o3
die /o e /r fr-ertir aith-1
&A96L. /eye/
Print Name
Mailing Address: 4/7(..7c( L."e4,67
Page 4
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The 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 recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which may
require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective
positions combined with an hourly overhead cost for the office will be used to establish the actual cost of
County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the application.
The Agreement must be signed by the party responsible for payment and submitted with the application in order
for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GAMED CO"NTY BUILDING AND PLANIN'TNG DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Sketch Plan $325
Preliminary Plan $675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
Final Plat $200
Amended Plat $100
Exemption from the Definition of Subdivision (SB -35) $300
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing $250
• Board Public Hearing only $400
• Planning Commission and Board review & hearing $525
Zoning Amendments
• Zone District map amendment $450
■ Zone District text amendment $300
■ Zone District map & text amendment $500
• PUD Zone District & Text Amendment $500
• PUD Zone District Text Amendment $500
Board of Adjustment
• Variance $250
• Interpretation $250
Planning Staff Hourly Rate
■ Planning Director $50.50
■ Senior Planner $40.50
■ Planning Technician $33.75
• Secretary $30
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — 15` page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
August 14, 2003
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Amended Plat; Canyon Creek Estates Lot 15
Dear Staff:
The amended plat application is being submitted by Michael and Lara Fergen to
transfer a 0.41 acre portion of adjacent vacant property to Michael and Lara
Fergen to accommodate our septic system.
Such property was purchased by Michael and Lara Fergen from Sills Investments,
Inc.
Sills Investments, Inc.
45705 Highway 6 and 24
Glenwood Springs, CO 81601
(970) 947-9511
+fesEY2
.-rr1 6i ,l �z �� f , 28-
62-
Garfield County Building and Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Amended Nat; Canyon Creek Estates Lot 15
Dear Staff:
I am the President of Sills Investments, Inc., which owns a vacant parcel adjacent to Lot 15,
Canyon Creek Estates described in a deed recorded as Reception No. 571437 in Book 1214 at Page
509, Garfield County records. I have contracted to transfer a 0.41 acre portion of such parcel by
boundary line adjustment to Michael and Lara Fergen, the owners of Lot 15, to accommodate their
septic system. This transfer will require an amended plat procedure to be filed in Garfield County.
I hereby authorize the Fergens, as contract holders, to apply for and present such land use application
to Garfield County.
Please feel free to contact me if you have any questions in this matter. Thank you for your
consideration.
Sincerely,
Jack B. Sills, President
Sills Investments, Inc.
1111111 IIIA 111141 Nil 1111 311 j��lli III II11111E 1111
571437 10/26/2000 03 02P 61214 P509 M ALSDORF
1 of 3 R 15.00 D 29.50 GARFIELD COUNTY CO
Fited for record the day of ,A,D. at o'clock M. RECDRDE
Reception No 8y DEPUTY.
WARRANTY DEED
THIS DEED , Made on th i s day of October 25. 2000 ,
between TAPEATS GROUP. INC.. A CORPORATION
of the County of GARFIELD and State of Colorado , of the Grantor(s), and
SILLS INVESTMENTS. INC.
whose legal address is : 45705 HIGHWAY 6 & 24, 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 sun of ( $295.000.00 )
*** Two Hundred Ninety Five Thousand 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), his heirs and assigns forever, 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;
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number
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 Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND '1'O HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his 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), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is welt 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 as 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,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS. AND SUBJECT TO EXCEPTIONS
ATTACHED HERETO AND INCORPORATED HEREIN.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
TAPEATS GROUP. INC.. A CORPORATION
r, i"F
BY; GRE 41,0 KENNiS. ./"1-241-4.14:24.441—
STATE OF Colorado )
STATE
)Ss.
County of GARFIELD )
The foregoing instrument was acknowledged before me on this day of October 25.2000 ,
by GREG MCKENNIS, Q re.' ./.4..0,,-7— OF TAPEATS GROUP, INC.. A CORPORATION
My commissi expirmARGARET R. SOY a
W o..
Witness my nd and olV PutisepUBLIC f „iz /J ,
k.,„\
STAGE OF COLORADO Notary Public
s 44y2a/2000
��
Name and Address of PerMyre'D f 4lj'&gGiy Created Legal Description ( 38-35-106.5, C.R.S.)
Escrow# GW234836 When Recorded Return to: SILLS INVESTMENTS, INC.
Title# GW234836
45705 HIGHWAY 6 8 24
rorm.No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD.OPEN) GLENWOOD SPRINGSy CO 81601
111111111111 111111 IIIII IIIc 11111111111 III 11111 1111 IIIl
571437 10/26/2000 03.02P B1214 P510 M ALSDORF
2 of 3 R 15.00 D 29.50 GRRFIELD COUNTY CO
EXHIBIT A
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 S 57
DEGREES 25' 27" WEST 1533.29 FEET, THE POINT OF TRUE BEGINNING; THENCE S 76
DEGREES 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 DEGREES 18' 05" WEST 180.39 FEET;THENCE
2)N 21 DEGREES 41' 43" WEST 218.73 FEET; THENCE
3) N 03 DEGREES 33' 39" WEST 118.27 FEET; TO THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE N 89 DEGREES 24'
49" EAST 208.36 FEET ALONG SAID NORTH LINE; THENCE S 00 DEGREES 25' 18" WEST
483.14 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER 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 6TH 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 S 57 DEGREES 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 DEGREES 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 H 89 DEGREES 24' 49" E, A DISTANCE OF
103.35 FEET; THENCE LEAVING SAID NORTH LINE ON A BEARING OF SOUTH 01 DEGREES
05' 30" EAST, A DISTANCE OF 460.06 FEET; THENCE ON A BEARING OF S 76 DEGREES
10' 50" WEST, A DISTANCE OF 118.19 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH, BUT WITHOUT WARRANTY, ANY AND ALL WATER APPURTENANT TO THE
PROPERTY.
Gw234B36
I WI 11111 11111 1111 1111111 rt11111I 11111 11111111
571437 10/26/2000 03:02P 81214 P511 M ALSDORF
3 of 3 R 15.00 D 29.50 GARFIELD COUNTY CO
EXHIBIT Our Order No. GW234836
THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN
ANY WATER SERVICE OR STREET IMPROVEMENT AREA.
WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED July 06, 1892,
IN BOOK 12 AT PAGE 175.
EASEMENTS AND RIGHT OF WAY AS CONTAINED IN EASEMENT DEED RECORDED JULY
19, 1983 IN BOOK 630 AT PAGE 920.
TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT
RECORDED April 12, 1994 IN BOOK 898 AT PAGE 647.
EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS. HIGHWAYS. DITCHES,
CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.
NOTE: UPON RECEIPT OF A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR
CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED.
PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE
RIGHT TO ADD ANY EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED
BY SAID SURVEY.
EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN EASEMENT DEEDS RECORDED
JULY 19, 1983 IN BOOK 630 AT PAGES 919 AND 920.
TERMS, CONDITIONS AND PROVISIONS OF DEEDS RECORDED April 17, I979 IN
BOOK 527 AT PAGE 76 AND RECORDED NOVEMBER 12, I980 IN BOOK 559 AT
PAGE 723.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTIONS RECORDED May 01. 1979
IN BOOK 527 AT PAGE 632 AND RECORDED MAY 12, 1983 IN BOOK 627 AT PAGE
192.
RIGHT OF WAY FOR THE CONTINUOUS FLOW OF CANYON CREEK.
ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF
LAND AS A RESULT OF ANY CHANGE IN THE CREEK BED LOCATION BY NATURAL
OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE,
NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF
WATERS IN THE CANYON CREEK LYING WITHIN SUBJECT LAND; AND ANY
QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR
CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF
DESCRIBING OR LOCATING SUBJECT LANDS.
IV pb ['+Y� L
M ..6C.£C.�0 N
11,-5113' 402
w 89
S 1510' 50„
I vw
11
3 .,00.50.10 S
\` 00'36'16" W L0.56'
PLEASE PLACE RECORDING INFORMATION STICKER HERE
WARRANTY DEED
2c,-- .2•4' -
THIS
-THIS DEED is dated I cf:►Fzi1 g , 2e112, 'between Sills Investments, Inc., a
Colorado corporation, of the County of Garfield and State of Colorado, Grantor, and
Michael J. Fergen and Lara M. Fergen, whose legal address is 0476 JB Court, Glenwood
Springs, Colorado 81601, Grantees:
WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars
($10.00), 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 Grantees as tenants in common, their heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
Garfield, State of Colorado, described as follows:
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 of Lot 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 South 58°53'01" West 1644.33 feet; thence South 39°41'34" East
40.65 feet to a rebar and cap, L.S. No. 26950; thence North 23°50'26" West
223.04 feet to a rebar and cap, L.S. No. 26950; thence North 51°41'25" East
52.79 feet to a rebar and cap, L.S. No. 26950; thence North 80°41'08" East
70.29 feet to point on said Westerly line of Lot 15 a rebar and cap, L.S. No.
26950; thence along said Westerly line South 01 °05'30" East 279.44 feet to
the point of beginning. Said parcel containing 0.41 acres, more or less.
Garfield County Assessor's parcel number: A portion of Parcel No. 2123-253-00-049.
The above-described parcel is to be merged with the following property owned by
the Grantees, according to the Correction Plat of the Amended Final Plat for Lots 15, 20-
42, Tract D and Tract H, Canyon Creek Estates, recorded simultaneously herewith:
Lot 15, Canyon Creek Estates, a Planned Unit Development, according to
the Plat recorded May 8, 1992, as Reception No. 434837, County of
Garfield, State of Colorado; also known by street and number as 0476 JB
Court, Glenwood Springs, Colorado 81601.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues and profits thereof. and ail the estate, right, title, interest, claim
and demand whatsoever of the Grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with
the appurtenances, unto the Grantees, their heirs and assigns forever. The Grantor does
covenant, grant, bargain and agree to and with the Grantees, their heirs and assigns, that
at the time of the ensealing and delivery of these presents, it is well seized of the premises
above conveyed, has good, sure perfect, absolute and indefeasible estate of inheritance,
V ,.,n.,F.r.."i rsi.., f..L,w tR RANT Y OW,
After recording return to: Schenk, Kerst & deWinter
302 8th St., Ste. 3W, Glenwood Springs, CO 81601
in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and
convey the same in manner and form as 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, except general taxes and assessments
for the year 2002 and subsequent years and exceptions of record.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of the Grantees, their heirs and
assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
STATE OF COLORADO )
ss:
COUNTY OF GARFIELD )
�u-
SILLS INVESTMENTS, INC.
By
J, k B. Sills, President
The foregoing instrument was acknowledged before me this /. day of
, 2=, by Jack B. Sills as President of Sills Investments, Inc.
WITNESS my hand and official seal.
My commission expires:
-':jU1._1C
Or3ADO
•
• iotar/' Public
After recording return to: Schenk, Kerst & deWinter
302 8th St., Ste. 310, Glenwood Springs, CO 81601
PLEASE PLACE RECORDING INFORMATION STICKER HERE
STATEMENT OF AUTHORITY
NAME OF ENTITY: The name of the entity to which this Statement relates is Sills
Investments, Inc.
TYPE OF ENTITY: The entity is a Corporation formed under the laws of the State of
Colorado.
MAILING ADDRESS: The mailing address for the entity is 45705 Highway 6 & 24,
Glenwood Springs, Colorado 81601.
AUTHORIZED PERSON: The name and position of the person authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property on behalf
of the entity are as follows:
Name Position
Jack B. Sills President
AUTHORITY/LIMITATIONS: The above-named person is hereby authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property on behalf
of the entity.
2426.3
Dated this 2 i day of "6 : f• : , -213e2.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
1. Sills, President
The foregoing instrument was subscribed, sworn to and acknowledged before me
this 'j I day of dift 2L -C3, 2 2, by Jack B. Sills, as President of Sills
Investments, Inc.
WITNESS my hand and official seal.
My Commission expires:
tires•-�-_,.,:..,�...,
LUC-Y M. i AC -:G ARD
toNOTARY PUBLIC
',TATE OF COLORADO
n rsneisvru.r..,
Notar Public D
After recording return to: Schenk, Kerst & deWinter
302 8th Sr.. Ste. 310, Gtenwood Springs, CO 81601
O
ti
6
,,;y ACCESS EASEMENT
FOR LOT 15 AND
228 8 88 991' /ADJOINING PROPERTY
cn 85.7!'N <94.4.
?07r�
N 0036'16' W Q5-.-99—'` �.
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9040
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N 12'5449" E
195.09'
N 0130`05" W
ncr
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xi
9
LAME
TYPICAL LOT LINE EASEMENTS
DRAINAGE AND UTILITY
N 0036'16" W
40.56'
[/NL L1>l1tIL �.�
RESIDENTIAL
COMMON OPEN SPACE
ROADS
TOTAL
45:585 ACRES
19.543 ACRES
9.449 ACRES
74.577 ACRES
N 16'47'57' W
49.25'
N 7870'50" E
49.58'
N 010539" W
ting 2�L 178.73 - -
0.51
ACCESS &
7 ESM7.
7738'
2.62'
ti
40.00' MAINTENANCE AND ACCESS
EASEMENT - 20.00' ON EACH SCE
OF EJOST1N0 DITCH CENTERLINE
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N 00'3248' W \ \
156.97 93.19
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COMMON OPEN SPACE
5.656 Ac.±
TRACT E
\
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N 00922'07 W 32270'
\
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0.543 Acf
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L45 EASELFM
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• 11372 Ac.
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91
EXHIBIT "B"
CANYON CREEK ESTATES PLANNED UNIT DEVELOPMENT
ZONE DISTRICT TEXT AMENDMENT
AMENDMENT TO CANYON CREEK P.U.D. ZONE DISTRICT
REGULATIONS APPROVED BY GARFIELD COUNTY
RESOLUTION NO. 83-46, RECORDED MARCH 8, 1983,
AS RECEPTION NO. 338978 IN BOOK 621 AT PAGE
510.
A. SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT
1. Uses by Right: Single-family and customary accessory
uses. Home occupation and crafts.
2. Minimum Lot Area: 0.25 acres.
3. Minimum Building Setback:
a. Front yard: 25 feet from front lot lines.
b. Rear yard: 10 feet from rear lot line.
c. Side yard: 7.5 feet from side lot line.
4. Maximum Height of Buildings: 30 feet.
5. MaxLmuf tot Coverage: 40 percent.
B. COMMON OPEN SPACE
1. Uses by Right: Passive and active recreation,
recreational facilities, community facilities, water
storage facilities, sanitation facilities, stables and
paddocks.
2. Minimum Building Setbacks:
a. Front yard: 50 feet from street centerline.
b. Rear yard: 50 feet from residential buildings.
c. Side yard: 10 feet from side and rear lot lines.
3. Maximum Height of Buildings: 25 feet.
4. Maximum Lot Coverage: 15 percent.
•
AVE\DED FINAL PLAT
FOR LOT 15, ACCODING TO THE CORECTIO\ PLAT 0
LOTS 15, 20-42, TACT D ASID TACT H OF CA
CAFIELD COU\TY, COLORADO
r; --!N
i. 2O_L
f.
•`ti v DEDICA. T E ANS
H RrAY 'lr= 1^ATF
T
THIS PLAT NAS iLED F5R RECDRD N T-=
0 CARPE'_D COUNTY AT
OF ---
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241
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QED FINAL. PLAT
SEEK ESTATES
1
0' 80' 120' 180'
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