HomeMy WebLinkAbout2.0 Wells Amended Plat Application SupplementTel (970) 920-4009
JOSEPH A. KOWAR
ATTORNEY AND COUNSELOR AT LAW
323 West Main Street Suite 201
Aspen, CO 81611
Joe@kowar.com
November 30, 2017
Mr. Glenn Hartmann, Principal Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO
81601
Fax (970) 927-2408
Re: Amended Final Plat Application For Parcel # 239325100150 and 239325100151
File No FPAA-10-17-8589
Owners: Peter S. & Sondra T. Welles
Dear Glenn,
We have revised the application narrative and attachments to reflect the additional
requested items contained in your November 20, 2017 Completeness Review Letter:
1) Application Form signed by both property owners along with the application fee of
$100 along with a Signed Agreement to Pay Form.
2) Signed Letter of Authorization granting authority to Joseph Kowar to proceed with
the Application.
3) Both Deeds reflecting ownership to both Parcels in the name of Peter S. Welles and
Sondra T. Welles.
4) Title Policy for both parcels issued by Stewart Title Company on September 26,
2017. There are no lien holders on either parcel and we have included the various
relevant Title exception documents referenced in the policies. None of the exceptions
prohibit or create any issues with the application being submitted.
5) Pre -application Conference Summary dated September 25, 2017
6) A list of the property owners within 200 feet of the subject parcels.
7) We did not find any mineral owners listed nor would the application affect any
reserved rights to extract the minerals referenced in the Patent claims reserved to
the United States of America, both documents are included in the attachments to the
Title Policy. We reviewed the records with Beverly from the recorder's office and
compared the mineral rights ownership log that she maintains to cross reference
with the parcel numbers and property location, no mineral rights owners were
identified.
8) We have included a Vicinity Map at 8' 'A" x 11", as required.
9) As both Parcels are already fully improved with approved certificates of occupancy,
we are respectfully requesting a submittal waiver of any Improvements Agreement
requirement.
WELLES AMENDED FINAL PLAT APPLICATION
10) Amended Final Plat prepared by Lines in Space, Marge Palmer, licensed surveyor.
No new nonconforming conditions will result from the proposal to adjust the lot
lines.
11) We note that there was a Special Use Permit granted to place a mobile home on
Parcel 239325100151 but the mobile home has subsequently been removed and
home built instead. We also note that a Land Use Change Permit was granted in
Resolution 2012-53 for Parcel
239325100150 granting the construction of an ADU which has been fully completed
with a Certificate of Occupancy having been issued.
12) Response to Standards in 5-305(c)- The application in adjusting the boundary lines
between the two parcels owned by the applicant will not increase the number of lots,
and does not result in a major relocation of a road or add any new roads.
13) Article 7, Divisions 1,2, and 3 Standards applicability: The application for the
Amended Final Plat will not result in any changes to the drainage, access, utilities,
or any other applicable Subdivision and Article 7 topics. The effect of the
adjustment in the acreage between the two parcels will not alter or adversely affect
the properties in any manner as the only physical adjustment will be the re-
alignment of the fence dividing the two parcels consistent with the adjusted
boundary lines reflected in the Amended Final Plat. Both parcels after the
Amendment will be conforming rural zoned parcels.
If additional information or clarification is needed please'contact me at your earliest
convenience.
s....„etrly yo rs,
Joseph Kowa
cc:
Mr. and Mrs. Welles
Garfield County
PAYMENT AGREEMENT FORM �+
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") e � f " + JOn%f k% ELLES
agree es follows:
1. The Applicant has submitted to the County an application for the following Project:
S I fl1,P-
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the 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. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The 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, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person:_. •-a - KO(A) Phone: (17a ) I O 1/6°
Billing Contact Address:
3ot3 L, 1- Nim...+ 1 - —
City: I T` N State: C --e) Zip Code: "6 /' I(
Billing Contact Email:
- °144 -2 -JA -E- 6 -i
Printed Name of Person Authorized to Sign:
(Signature)
4_2-7 1.1)0(�
(Date)
VICINITY MAP
SCALE: 1"= 2000'
SE1/4NE1/4 SEC.25, T.7
S., R.88
W.. 6th P.M.
November 20, 2017
Garfield County
Community Development Department
Joseph Kowar
323 West Main Street, Suite 201
Aspen, CO 81611
RE: Completeness Review Welles — Amended Plat Application
(File No. FPAA-10-17-8589)
Dear Joe:
Thank you for the detailed submittals you have provided in regard to the Welles
Amended Plat Application for their property located at 5345 and 5343 County Road 100.
Our completeness review included input from the County Attorney's Office and has
identified several items that need to be addressed or clarified prior to a determination of
technical completeness. Please respond to the following items:
1. Please include a signed copy of the Agreement to Pay form (see attached).
2. A vicinity map needs to be provided.
3. Please provide a description of how your mineral rights research was completed
and label your list of mineral rights owners for notification.
4. Please include in your submittal a written request for a submittal waiver from an
Improvements Agreement.
5. Please provide an updated electronic copy of the Application with the above
additions (on a CD or memory stick).
While not a completeness topic I've attached a copy of research you previously
provided on access easements to the properties. This should be included with your
submittals. In addition, easement references and recording information may need to be
updated or corrected on the draft plat.
Once the above topics #1 - #5 are addressed we can finalize our completeness review
and schedule a date for your Director's Decision. Please note that the Garfield County
Land Use and Development Code requires that the technical completeness issues be
resolved within 60 -days of the date of this letter, otherwise the application will be
deemed withdrawn unless a request for extension is submitted and approved.
Please feel free to contact me with any questions on the completeness topics noted
above or if you need clarification on any of the items.
Sincerely,
Glenn Hartmann
Principal Planner
Glenn Hartmann
From: Jae Kowar [Joe(nkowar,0om]
Sent: Tuesday, June 26, 2012 8:53 AM
To: Glenn Hartmann
Subject: legal access
Attachments: RimLedgeDeedDescribingRoad.pdf, CountyResolution.pdf
Glenn,
I would like to discuss the two documents that are attached. Since the Commissioners have waived the roadway
standard, the only issue that remains is demonstrating legal access. The deed from RimLedge Uranium and Mining
clearly grants an easement for access and egress "from the county road to the NE corner of the se1/4ne1/4 of Section
25. County Resolution 79-8 In the third "Whereas" paragraph indicates that "the Petitioners have demonstrated to the
satisfaction of the Board of County Commissioners...that there is adequate ingress and egress to said tracts"
This resolution was granting the division of the 40 Acre tracts into three tracts in 1979. This was clearly done after the
construction of Rimiedge Road as required by the deed In 1976 indicating the "access road" would be constructed
before August 1, 1976. Perhaps the County has this file handy to reference documents contained therein, however, it
would seem that based upon the previous resolution granted by the county that you could rely upon the determination
and conclusion made back in 1979.
From the research that the Title company has done so far, Rimiedge Uranium and Mining clearly reserved a 60' right of
way for access and utilities along the length of Rimiedge Road to the County Road.
This should resolve any issue regarding the legal access. Please call me when you are available this morning.
Joe
1
Glenn Hartmann
From: Joe Kowar (Joe®kowar.com]
Sent: Monday, June 25, 2012 6:23 PM
To: Peter S. Welles; Glenn Hartmann
Subject: FW: Rimledge road
Attachments: Rimledge Deed w reservation of 60R easement.pdf
Glenn,
Attached is the documentation that the title examiner was able to recover after searching for four hours. It is apparent
that Rimledge Uranium and Mining Corp. reserved a 60 foot road and utility easement with every conveyance of
property. Unfortunately, it is taking much longer than anticipated for the examiner to pull down title for each and every
conveyance.
I will call you in the morning to discuss.
Joe
From: Susan Sarver [Inallto:Susan.Sarvei e crt.cQ W]
Sent: Monday, June 25, 2012 4:38 PM
To: Joe Kowar
Subject: Rimledge road
Joe,
Attached please find the deed that originally reserved the 60 rout easement, also attached is resolution no. 77-77 where
Pennig petitioned for the exemption_ plat, and the 2 Maps for Pennlg Exemption Plat.
Thank you,
Susan Sarver
Title Officer
Stewart Title — Glenwood Springs.
1
Resorted at.-M-4—..oteios i i9 . H. JAH 2 7 1977
' 89gaption Aa• 'W34iyr7' • Ella Stephens. 8eoarder
EASEKEi+TT
I.L...Ir..+� T . •-^.r-+.�w+1N.
noor(492 P*c 927
Centennial' Associates for the consideration of..Ten Dollars •
• ($10.00) and other gpod.and valuable consideration, the receipt of
which is •hereby • acknowledged, hereby grants to DIANE' DALE, .•
G. DANIEL INTERLINE, an., ALAN STOREY, MXCHBL;L O'LEARY,-and.
SYDNEY LIOICICOME, .DATJIA• HOTCEKISS • AN A -&Y CYNTHIA SOTC98YSS, a
non-exeluei've easement.'forringress and egress twenty feet (20')
wide following, an existing roast over and across 'the following
described property;
A,•paroal of land situated In Lots 3,'and A oR saiat.ian 19,
Tolgaship'.7 Gonth, Range 87 [4aat of tha Sixth Prinaipai htaridEiBn,.
County of.qarSiald, State ai.' Colorado, lying L+aaterlJ.8f the •
'Westerly linin oP said Seat3,an 19 and Northhrly oR the Southerly. - ' •
Line of uaid 8e+gtiOn 19, NNe id pnraal . of • •Maori. is deecrihed. an
follow; • - - -
• Beginning et the Southwest Corner oil said 9ectiosr 19,
thence b1.01947'08" E. 1953...15 feat •axoiig 'the Westerly Lino of ea.i2i' . .
Ssatiaf 19; thoinia a.89 491013"•• ]3. ' 495.00 feet; thenen 23.01°47' Q011
.Z. 490.15 '.foot, . thanca •East G40,33 •feetF thence South 1508-63 feet
more or less td -a point on the Southerly line of said Section 19;
theno 9.88°17.20" -.aloe the 9tutharly•line of said'Section 19,•
1183.97 feeet, more.or less to the'Southweet Corner of said
Section 19, the:.po•int oR bagim ing.
•
.Signed this 11.day of January' 1977.
v
STATS OF COLORADO )) ss.
COUNTY OFPITKXN )
The foregoing 4netrument was acknowiedged•before ma this
llth•- day of January; 1977 by ALAN STOREY.
My Commission Ipxpres : Mr Gambit w , a!pk•s AB,.:9. :
ia 1• .... rip
Witness my hand and official seal.. rte, •r, r :o :.•
Notary Pubic : L
CENTENNIAL ASSOC ATPS
EIGlE.
•
�( i�r Km z S 1J7:1 state Documentary Foe • $ -0-
Raoordaci at. ❑•alook X.
focoption inn. 292B9cldiZdrpd A] adarf Reanrdar
WAfkRR ITY DEED
000X .525 Na 52
SYDNHY LINCICOME, whose address is P. 0. Box 121,
Carbondale, Colorado, DAVID 8. HOTCHKISS and MARY CYNTHIA
HOTCHKISS, whose address is 170 Euclid Avenue, Carbondale,
Colorado, 81623,.for the oonsideration of Ona Hundred Dollars
and other good and valuable considerations, in hand paid, '
hereby sell end convey to DAVID S. HOTCHKISS and MARY CYNTHIA
HOTCHKISS, as joint tenants, whose'address is 178 Bealid
Avenue; Carbondale, Colorado, the following real property in
the County of Garfield, State of Colorado, to wit:
A parcel of land which i8 part of the SEkNE4 of Section 25,
Township 7 South, Range 80 West of the Sixth Principal
Meridian. Said parcel of land is more fully described as
follows:
Beginning at a Bxasa Cap in place and properly marked for
the East One Quarter Corner of paid Section 25; thence N.
89°05'36" W. along the South line of said SE NE+I (with all
bearings contained herein relative to a hearing of S. 01°47'00"
W. 'on the East lino of the tUE4 of fluid Section 25) 322.01
feet to the true point of baQinning;•thenae N. 89°05135" W.
Along the South line of seta MBA 988.0 feet to, the SW
Corner of mad BE$NYh; thenoo N. 02°03'18" R. ulonq.the Vest
line of Paid SEWN: 525.00 feat! thence N. 79°10'30" R. 924.12
feet! thence S. 04°54'50x' E. 716.49 feet to :.h0 true point
of beginning.
with all its appurtenances and warrant title to the same,.
subject to:
Rights of way and nese vatione,r_ontained in the United States
Patent rodorded in,nook 265 at Page •66 of the Garfield
County records! '
, Reatriotion8 recorded in Book 482 at Page 393 and in Book 482
at Page 395 of the Garfield County records;
Inolusion in any general or spooific water conservancy, fire
protection, soil eonrervation or other district;
Taxes for 1979, due and payable in 1980;
There ie also conveyed by quit claim and without warranty an
eaSerdant which is appurtenant to the property described
above' and is,granted to the exclusion of all other persons
except the.grantore, who reserve unto themeeives, their heirs,
successors and assigns the right of use of said easement:
An access and utility susement lying in the 9V41Ws of section
25, Townah&p 7 South, Range 88 Hest of the Sixth Principal
Meridian, being 60 feat in width and lying 30-00 feet on
either aide of the following described centerlines
Beginning at a point whence the East One Quarter Corner off -
said Snot3.on 25 bears: 8. 22°36'21° 8. 1436.88 feat; thence
106.73 feet along the aro of a aeries to the left, having e
radius-oi 100;['Yfeat ; the-vhnrd-ref-chick-bears:--4 —:,T '-1-9-1'
W. 101.74 feet; thenoe 8. 22°46'45° W. 83.42 feet; thence
'.
•
• .�
•ri
6il�K' 525 T,tGE 5'3
76.4$ feet-a1i7ng .tela xi of a- Corivs to tbs left, bsving a
i
xa 'a I
of OTh OD qat. the .chord of ohiah heia d s. 11°49+ 40°
V.- 75. p9 fagat;, ,thonoe 8. 00.°5Z,13S" W 237., 39- 'feat). thanos
ng A
50.12 'feetcng the; aro of a curve to the, x3ghi^''
radi19 of 2 O..0'0 fadtr ttta`ohord of: W i:c#i bears{S.08Q03'10°
11.:43:98: OA* t),ienos 5- 15 •�..4 ti'L' M. X02.71 feet tth e
oidellnda. of the a1oi}a. doSorihad :aasetiebt lasing-
angltfidneax' or shorted ori th� 8ands Ego y-, lotadon existing
pxo�tarty kioenBPitY �' ne
gar-the xfaoordi:ng •of this •deed{ the-graxite ss maws and agree
•
to pay and -it -1 ird -of tltot •msintpoaufl0 7 showirin red for
ooinstt gting• 41161mai p.taiir� ng 3e ] 979 r
S diviisidn 1 `k: - FlyingWarliaxioh, dated Februuavaar3;
-pxe pad. by Sydney Unoic•R
onikir ,y j�atexod L aaa -
Colura8o No. 1$.111..
sUtPq:
this, day of Ma?Citi 1979.
1
r.Y 1
STAT1i; flF 00.6RADO i
), afar.
COY 6r -ti+l_GLD y
.the 'forFsgo tg. wazrauitty dead was acknoW18dged be§ore xis
this day of t1arfzhr 3:9.79, by sydnei :L4ncicome. nal d S.
Bot W3—sa and, Mary Cynthia Bothhkeiss.
Witness lay (sand and official oea1. a f,„..‘inti,:; +�^ e
0,\0
0,01 S1. ' /I y� .Ci11 r
My .c• p•mmiss3;oe a*pikee; cal y� ~`.
'� •'r;!jic'f �`�Y•`z ''.
Accorded 3 -
at,.. r t� _..o' ro�t,oqck..� . E. _ AP 27 1976 --
Reoeptioa 110....-Iti2,�.1i�i[ Ella Stepbona, Recorder
soo.4482 rAcE393
6Ult 4Ct:u«; r i f u
WARRANTY DEED JAN 27 17$
RIMLEDGE URANIUM AND MINING CORPORATION, a Utah Corporation,
qualified to do business in Colorado, whose street address is 275
East 32nd,Street, Durango, Colorado 81301, Grantor, for the con-
sideration of One Hundred•Uollars ($100.00) and other good and
valuable considerations, in hand paid, hereby sella and conveys
to SYDNEY LINCICONE, whose address is P. 0. Box 823, Carbondale,
Colorado 81623, the following real property in the County of Gar-
field, State of Colorado, to -wits
An undivided one-half interest in and to
SEkNE1 of Section 25, Township 7 South,
Range 88 West of the 6th P.H. containing
40 acres, more or less
with all ita appurtenance° and warrants the title to the eame subject
to reservations and exceptions contained in the applicable United
States Patent and subject to general taxes for the year 1976, payable
in 1977, and subject to the following restrictive covenants, which
covenants shall run with the land:
(1) No temporary buildings or structures of any kind inclu-
ding but not limited to, towed or self-propelled trailers,
mobile homes or campers shall be constructed or permitted
to remain upon any part of the property except for typi-
cal oonstruction shacks and/or tool and material storage
sheds which shall be used in connection with and permit-
ted to remain only during periods of construction of per-
manent improvements.
(2) All oonatruotion and alteration work once commenced with-
in the property shall be pursued diligently and shall be
completed as promptly as reasonably possible: the site
of such construction shall be kept clear and free from
unnecessary and unreasonable accumulation of trash and
debris.
(3) All unsightly structures, facilities, equipment and
other iteme, including but not limited to trailers,
boats, trucks, tractors, snow removal or garden equip-
r • M64€32 rAcf 35.4
1
ment, and any aimilar items shall be kept at all times
j except when in actual uae, in enclosed struotures or
otherwise screened from view from any adjoining pro-
perty. No lumber, metals, bulk materials, scrap,
refugia or trash shall be kept, stored or allowed to
accumulate on any property, exoept building materials
during the course of construction and then only for
such reasonable period of time as ie necessary prior
to collection or disposal thereof.
(4) No mining, quarrying, tunneling, excavating or dril-
ling for any substance within the earth, including
oil, gas, minerals, gravel, sand, rock and earth, but
exoluding.,water, shall be permitted on any part of
the property.
(5) No firearms shall be discharged within the boundaries
of the property.
Grantor covenants that a nonexclusive access and egress road
from the County Road to the NE Corner of the SEhNEit of Section 25,
will be completed before August 1, 1976.
Grantor grants to grantee his heirs and assigns a nonexclusive
right of way of access and egress along such access road.
IN WITNESS WHEREOF, this Warranty Deed is executed this 26th
day of January, 1976.
RIMLEDGE URANIUM ANA MINING CORPORATION
By=
to President
STATE OF COLORADO )
) se.
COUNTY OF GARFIELD )
Tba foregoing Narranty Deed was acknowledged before me this 26th
day of January, 1976, by Fern A. McCormick as President of Rimledge
Uranium and Mining Corporation.
Yt/TR53.S my hand and official seal.
`_*'
Ut.pU 3G : I
iotary s
:mac 9 expires: January 30, 1977
_
62 461 JAN g7 19ps
Ros*r4i d
Eaaoptioa No Ylls Btopboae. Raoorder
BOOw482 Pic'f.395
ITM OBa'Wii�tY Eti
WARRANTY DEED JI £ 7 4175
� Lam• �.-�_
RIMLEDGE URANIUM AND 1!INING CORPORATION, a Utah Corporation,
qualified to do business in Colorado, whose street address ie 275
East 32nd Street, Durango, Colorado 81301, Grantor, for the con-
sideration of One Hundred Dollars ($100.00) and other good and
valuable cobsiderations, in hand paid, hereby sells and conveys
to DAVID S. HOTCHKISS and MARY CYNTHIA HOTCHKISS, husband and wife,
in joint tenancy, whose address is P. 0. Box 871, Carbondale,
Colorado 81623, the following real property in the County of Gar-
field, State of Colorado, to -wit:
An undivided one-half inLereeL in and to
SZWEil of Section 25, Township 7 South,
Range 00 Went of the 6th P.M. containing
40 acres, more or less
with all its appurtenances and warranta the title to the same subject
to reservations and exceptions contained in the applicable United
States Patent and subject to general taxes for the year 1976, payable
in 1977, and subject to the following restrictive covenants, which
covenants shallrunwith the land:
(1) No temporary buildings or structures of any kind inclu-
ding but not limited to, towed or self-propelled trailers,
mobile homes or campers shall be constructed or permitted
to remain upon any part of the property except for typi-
cal construction shacks and/or tool and material storage
shade which shall be used in connection with and permit-
ted to remain only during periods of construction of per-
manent improvements.
(2) All construction and alteration work once commenced with-
in the property shall be pursued diligently and shall be
completed as promptly as reasonably possible; the site
of such construction shall be kept clear and free from
unnecessary and unreasonable accumulation of trash and
debris.
(3) All unsightly structures, facilities, equipment and
other items, including but not limited to trailers,
boats, trucks, tractors, snow removal or garden equip-
r 1
0O1A482 Pec.E 396
tment, and any similar items shall be kept at all times
'except when in actual use, in enclosed structures or
otherwise screened from view from any adjoining pro-
perty. No lumber, metals, bulk materials, scrap,
refuse or trash shall be kept, stored or allowed to
accumulate on any property, except building materials
during the course of construction and then only for
such reasonable period of time as is necessary prior
to collection or disposal thereof.
(4) No mining, quarrying, tunneling, excavating or dril-
ling for any substance within the earth, including
oil, gas, minerals, gravel, sand, rook and earth, but
exoluding water, shall be permitted on any part of
the property.
.(5) No firearms shall be discharged within the boundaries
of the property.
Grantor covenants that a nonexclusive access and egress road
from the County Road to the NE Corner of the SE4WE4 of Section 25,
will be completed before August 1, 1976.
Grantor grants to grantees their heirs and assigns a nonexclu-
sive right of way of access and egress along such access road.
IN WITNESS WHEREOF, this Warranty Deed is executed this 26th
day of January, 1976.
RINLEDGE URANIUM AND MINING CORPORATION
C p
e
By; Ern t Q'� vY •.. rf1
Its Prasic nt
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Warranty peed was acknowledged before
day o,,,i?pnuary, 1976, by Fern A. McCormick as President
UrenipTJpiiB•.l+fining Corporation.
/4z.1?1TNgS ,ory hand and official seal.
x:
Puno c.143
)Mya egkpexpi,res: January 30, 1977
me this 26th
of Rimledge
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