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Home My WebLink About2.0 Staff Report BOCC 08.06.18Exhibit Letter (A to Z) Exhibit A Garfield County Land Use and Development Code of 2013, as amended B Request Letter and Application form received July 5, 2018 C Resolution 2012-76 D Resolution 2013-57 E Resolution 2014-31 F Resolution 2016-48 H Draft Resolution I J K Board of County Commissioners - Public Meeting Exhibits - August 6,2018 Froning Subdivision Preliminary Plan Extension 'Z', þt |jr þn¡,trt .4p7.*'"' - 'ñh^ / é) þ.zs/q 'Þ "d'( ó€' k-n)'v'v' REQUEST APPLICANT /OWNER REPRESENTIATIVE LOCATION BOCC August 6, 2018 Froning Preliminary Plan Extension MEMORANDUM Froning Subdivision Preliminary Plan Extension Paul and Linda Froning, Donald & Billie Froning and John and Karen Hatchett Mark Chain 0700 CR 107 (Red Hill Road) just north of the Town of Carbondale 30.84-acres/ 5 Single Family Lots Rural SITE DATA EXISTING ZONING ::l:CL |{: a:-Ii,rfal rçtF¡("¡' r arj¡ l -1 Lif: :lr-l ¡i t Ø ::ii:Ìff.r' Ì I7/¿- Lrllt ¡Õl ? :1,.:i-].?. af. ia ia-a,a::j t a !i' l(r- 3 5C¡ ¡6G rtr:!r .. .!: I ."7 '¿' LOl I I REQUEST The Froning Family requests the Boardof County Commissioners (the Board) grant a two- year extension to the Preliminary Plan which will expire on August 13,2018. The Garfield County Land Use and Development Code,as amended (LUDC) contains a provision that allowsan Applicant to request extension of a Preliminary Plan pursuant to Section 4-101 (r). -1 BOCC August 6,2018 Froning Preliminary Plan Extension II BAGKGROUND The Board granted Preliminary Plan approval for this subdivision on August 13, 2012 via Resolution 2012-76, Exhibit C, with a one year timeframe in which the final plat application must be accepted as technically complete by the Community Development Department. Prior to the expiration of the approval the Applicants requested the Board consider an extension of the Preliminary Plan which was granted by Resolulion 2014-31, Exhibit E, for two years with an expiration date of August 13, 2016. Similarly, prior to the expiration of the approval the Applicants requested the Board consider an extension of the Preliminary Plan which was granted by Resolution 2016-48, Exhibit F, for two years with an expiration date of August 13,2018. II. AUTHORITY Section 4-101 l. Extension of Gonditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. lf an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or divislon of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otheruvise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. ') BOCC August 6,2018 Froning Preliminary Plan Extension III BOARD CONSIDERAT¡ON The Board may consider a two-year extension of the Preliminary Plan to allow the Applicant additional time to satisfy conditions of approval and submit a technically complete Final Plat. Should the Board approve this request a Draft Resolution is included as Exhibit G. -3- Gørfield County Community Development Department 108 8th Street, Suite 4ol Glenwood Springs, CO 81601, (s7ole4s-82t2 www.earfi el d-countv.com TVPE OF PTION EI Minor Subdivision INVOLVED PARTIES Owner/Applicant Name: Paul & Froning (for the Froning Family) PO Box 545 p¡on".1 970 ) 963-3455 Mailing Address EXHIBIT bOôac ß DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendmenttr Major Subdivision tr Final Plat Amendment E sketch El Preliminary E rinal tr Common lnterest Community Subdivision Conservatíon Su bdivision E Public/county Road split Exemption E v¡eld tf sketch E Preliminary Ef rinal tr Rural Land Development Exemption Time ExtensionE City:Carbondale E-mait: ci marronwoodworks@msn. com state: CO Zip code:81623 Representative (Authorization Requi red) Name: Mark Chain Phone: f-919---l 309-3655 Mailing Address:811 Garfield Avenue Carbondale state: CO zip cod",81623City: E-mail mchain@sopr¡s.net PROJECT NAME AND LOCATION Project Name: Froning Family Subdivision - Preliminary Plan Extension Assesso/s Parcel Number; 2393 272 00 - 032 (031) Physical/Street Address: 700 CR 107 AKA 532 Red Hill Rd. Carbondale Legal Description:Parcels 1 &2 of the Lappala Road 107 Subdivision Exemption recorded July 12, 1984 as Reception No. 353934 Zone Distric,. Rural Property Size (acres)30.84 Project Descriptlon Existing Use:One Single-family detached dwêlling and shop Proposed Use (From Use Table 3-tt03):Dwelling, Single - unit (per legal lot) Description of Proj gç1¡ Extension of Preliminary Plan approval for the Froning Family Subdivision. The Froning Family Subdivision is a 5 lot subdivsion located on CR 107 (Red Hill Rd.) outside of Carbondale. The Preliminary Plan was approved on August 8, 2012by adoption of Resolution 2012-76. Additional extensions have been grantod. The lat extension was granted by adoption of Resolution 2016-048, recorded at reception No. 879996. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 5 5 4.98 AC. to 10.85 Ac.per code Duplex Multi-Family Commercial lndustrial Open Space Other Total Submission Requirements I fhe Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards El fhe Applicant is requesting a Waiver of Standards per Section 4-118. List: Section Section Section Section FORWAIVERS I have read the statements above and have provided the required attached information which is correct and accurate to the best of my Wí.*, Signature of Owner Date File Number:Fee Paid:( OFFICIAT USE ONLY Mark Chain Consulting, LLC Page I July 5, 2018 Garfield County BOCC c/o David Pesnichak, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Request for Extension for the Froning Family Subdivision Preliminary Plan Approval Dear David: Thanks for meeting with Paul and Donald Froning and me a couple of weeks ago. As we discussed, the Froning Family would like to request a two-year extension of the Preliminary Plan for the Froning Family Subdivision. ln terms of project background, the Preliminary Plan was approved by the adoption of Resolution No. 2012-76. A one-year extension was granted by the adoption of Resolution No. 2013-57 . A two-year extension was granted by adoption of Resolution No. 2014-31. The last extension was obtained in the summer of 2016 (Resolution No. 2016- 48). For a number of personal and financial reasons, the family would not like to proceed at this time with the final plat and construction the infrastructure. Members of the family and I will be happy to discuss this with you and/or the Commissioners at an upcoming meeting in more detail if necessary. Please contact me if you need more information or wish to discuss this matter. Sincerely,Ml( Mark Chain, Planner 8l I Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax970.963.2916 mchain@sopris.net June 28,2018 Dave Pesnichak, Senior Planner Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Froning Family Subdivision This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit a request for an extension of the Preliminary Plan for the Froning Family Subdivision along CR 107 in Garfield County and act as the representative for the owners during the review of the request by County Staff. Sincerely, L I 7-)--)y Paul Froning Date nda Froning Date June 28, 2018 Dave Pesnichak, Senior Planner Garfield County Building and Planning 108 I'Street, Suite 401 Glenwood Springs, CO 81601 RE: Froning Family Subdivision This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit a request for an extension of the Preliminary Plan for the Froning Family Subdivision along CR 107 in Garfield County and act as the representative for the owners during the review of the request by County Staff. Sincerely /,t Paul Froning n Hatchett Donald 7 L¡nda Froning Hatchett Date Date Date Date -¿.o/l SUPPLEM ENTARV IN FORMATION Deeds . 363156 - Lappala to Paul and Linda Froning - 18,58 acres. 363158 - Lappala to Robert and Carol Froning - t2.39 acres. 796982 - Trustee for Carol Froning Revocable Trust to Paul Froning et al. Resolution No. 2016-048 (rec # 879996) .t Recorded ú 41r!Åpþr¡;*-l-rrr. JUL0I 1985 hocoptron H'' ' Jsaa56 fi;r¡¡.:"tff1+,t¡f*f¡-fl ",'..¡r¿..;r,.:.'¿ig:+.{r{ÉuiÞ.i:frtri$#4*i ?ÀI¡L E- LÀppALA anrl VIRGIIIÀ LAP?ALA, Gounry of Garfleld¡ Sr¿re ofcoloratlo, for consr.derntr.on of Ten Dorlars and other g,ooo "na-*ru¿rbrê con-sLdatatfon, Jn hand pald¡ herEb'sell and eonv€y !o pÀIfL ALAN ÌnONINC and LïllDÀSINGER, ao Jof.nt tenanÊF, whose actdress fgp.O. j che foilowing """r- !"op"rcy i;;üï.;irËffi; to-n{È: IIARRANTY DEED genetal property taxês for 1985, a llen noü ¡'et duerlghts of way of record same, except and payable; 9o" !"e ç:t9 rooK 6?1 ruergjl e8Êements and ThaÈ parcel of La¡d describe¡r o¡¡ Exhfbit rcr attachod hereto â¡allncorporêtei¡ hereín by tlrl.s reference, wfth al.l lts appúf,tênÊncçs and usrrånÈs titlê to Èhe aud subJect co ,or vLsl.ble and apparenti reservaËLons snd excêptlonscootafned In UnLted StaBêa Påterts and bu1ld1¡rg anrl zoning regulaÈ1one. SICNED IhIE sTAtE otr coL0R4D0 )' ) sa. COUNTY OF EARFIELD ) '7 acknowled¡¡ed before ¡¡e thls d{ d.r, ors. Lsppata and Vtrginla Lipiãïã;- É0.Êot sso day of 1985. GAßREID dgtgLrl$t4q$ ¿-- The f,oregolng lnEÈrumer¡c nag 1985, by ?aul !¡ITNESS my hand and offlcfal seaX.. Uy co¡ruÍsafon exgl;rea: tllqt¡1 fnl-(r^ t',3'ií {:Ì ';": : Èü'B'..tC il.six'[ii'ri. 1.îrl4¿ ,''.,r. ç',,.1'.i'."^ jr;;l lfli .'¡,:i::*,lili*# :...r. ,',',i ,'' .:.: l'' t ; '-. ,.:,.; /¿ "".rnoi orscn¡pirou I aoox 671 ruoÉ12 Pqrcþ|,llof¡lreLappaIanonarorffition.P1.actecorded.us*"3s;''I}'',o"1,,,,,uof thèi.Garfield Gounty records, ,fso ¿"iiiiúea ""'foii""ii....t ".riui'oi l¡n¿ situðted in 'Lot ¡l- .of Section 2?. îo,oship 7 South. Range BB lrest ' :he 6th,Principal Heridian, Garfield County, Colorado, lying Iasterly of tne [¿ste:'ly,i-.:-cf-r¡y line of ¡ 30 foot vide access ¿nd utility easenent and llesterly of the :si line 6f the SllìiN."i oJ" said Section 27. s¡id parcel of lancl being more fully dercrib* i fol I ovs: ::;rnr,ino at a brass cap in place and properly marked ðs the SouthEåst Corner of s¿¡C : r'..r--':., rhence ¡l 00'26'57" t toa(,43 feet; thence N 67.16, Ig" t{ 55?.6? f eeti thencr' t3"6'3.[" H ll{.05 to ö point pn thê eesterly right-of-r.ry'line of a 30 fooi riCg:.t\¿:e òEcess ðod utility e¿sÊ:ðnl: thençs ¡¡s¡g the tasterly right-of-v¿y line of;à!c Þrivale ðccess and utility raie;.ent the follc'-'ing courses: S Zl5l'41'l,l 3t.37 f ee:;-'-.3nie 42.-ç( feet, along the arc of ¡ ?40.58 foot raCius curve td the right. the chor,J of-¡!ril t,Êðrs S 2g'37'1t' y 42.49 fe¿t! thence S 3a'0lr3i'ti 76.90 feeL: tt¡ence llÉ-55 f!e..rionç the arc of ¡ 102-75 radius curvetothe lefr. tbe chsrd of xhich be¡rs S !t3rr(i'\' ì10.¿f) feÞ?.: thence S 30"57'41" t t13-63 feet: thence ttg-50 fee'" 6i6;'19 the ðrc of ¡il{.23 foot r¿dius curve to the.righL the cl¡ord of.shich be¿:-s'S 0'59'35'i..tt(.13 íÊå.-: :í,i:ìce S ¿6'58'35* r 90-46 fee'L: thence tZZ-04 fee'r ¡lenç the arc of a ?87.19 foot.å::us cu;'ve totl¡e left. the chord of ùhich bears S lt'.t9'¿1" ï lÉ.3.¿5 fee!: thence -i ;1":9':¿' ¡ t3-87 f €É:; '.haâce tO5-5¿'feÞt along th3 ¡rC of ¡ ?7t -32 foot r¡di:.:s cursi r:'-:e rioni, '.¡r¡ chord ol vhich be¡rs S 05'¡3'03' l{ 103-39 f e:.!; theîcç S 1ó"33,ii" !"' ii-ô3 fee:¡ i:'ence 70-9? feÊ'. along i.ht arc of ¡ lst-9¡ foot radius curvs to Lh: ritt'-.--i:¡ 'í.n-i:Í *ìich Þ:srs 5 3ù'C,?'4<" ¡i 70-?8 fe€:: thenc* le;ving ìhe Eèsìer)t r¡çì:-:"- -:.t' !¡rÊ t: s¿:d Ðr:v¿t? ôcc:ss ¡nd utility easenent on ¿ course bÉ3r'¡nc 5orii¡ ¿57.19;:::: '.:.¡,i:e 5 óô'ül'21' [. 7]Z-36 fe¿r tô the ßìoint of årginning lr: ¿l::v: :es;ribed parcel of l¡nd coni¿ins 18.56 ¿cres r¿re or ìess- TOGETHER lllllt Ëhe following descrLbed ea€enenr¡ ÀNÐ TOßETHER $ITH AND SITBJECT lO a non-excluslve easenenb f,or :oadvay accesg aud ulf.lLrlesas descrlbed on s¿Ld ExernptLon ?lat. ',.a: , :.-. -.i,' ' .-;.:l::{;ì'.i-ì::!' . :r:.i'.f-j.-l': ': Q¡-c¡rcl¡¡us no{e-'. ?<¡or .. ¿*o.r tòL¡¡^ ¡-qq6¡Cl¡.cr\', ') -i_y_js rìocördo¡ at .4! e (; u -¡,JUL {} B Ig85 DorÍ 6?1 r¡6egl"€"g"c:t¿< 1s3 198s. Po, tux sto l)¡L{ r .,;l¡';;.i¡;', .¡i ;¡-.1.:îì:iji.Ít:,.;.,:'#fu :tltrr,..':f ,.'1,-",:t:ì'Ífi *¡t1*¡i¡iç!ffi l¡ Horxption ¡¡.*j3ü$"{.Sff - fr Jffff,d%O'slÞoc.È;; r..,ARRArnry DEED - by$-.? ". 3Äm, E. LAfPAtó" and VInçI¡lIÁ I"ê.}3AiA¡ gôüfl¿y öf earfleLd, Srs.tê ofcolo¡ado, for conefderaÈion of Ten Dollars and other good and v¡J.uabl.e con-sideratlon' ln hnnd p*f.d' hoteby eeLl and conlrêy ro H. Ro¡DRr rRoNrNG and CAROLI.. TTRONINC| es jof¡rr renånrs, ¡¡hose address ts l03lg EâsLla]st St.l Blxbv, r.X 74û0grthefo1^1owlngrea.l'properEyl.n¡heCottntyofffi, to-wlt ! tl¡¡LOnf Þ. trLgÞ0FF, RËCOñüËä GAñ FIFLÞ çOU¡\¡TY. COLORADO Thåt pareeL Õf land descrLbed orÌ Exlibii 'År artaehed hêretı an<lfncorporâted herein by this reference, r'tlrh â11 lts appuxten*.nces ¿nd uärrantF tlt.lê tô the sene, è:(Òept å¡d sulject ¿ogeneral proparty taxss for 1985, a lien ¡oÉ yet due and payable; eåsÊmenrs åndrl.ghte of v*y of record cr vlsfble and apparent; rssêïvaÈions and exceptfonscontained ln 0nlted Stâtes Patente and butld{ng and zoning regularfons. SIßNÐD rhis * a^y ot sTÂ?Ê 0r c0LOF"åDo COIJNTY OT GARTTTETD ) ) ) Ë8. The forêgô1fig I ltffNtrS$ ny h*nd and offlcíaL sea1. ;.f MY conmlssion expl.resr ?fr/51 n:lfg¡ilêJ¡t ¡¡ae acknor¡Ledged before ne rhis 5lÀ. ¿ay of 1985, by P¿ul E- Lappala a:rd VLrgfnta LapSïãî X:,$'r'd,r- t¿'¡i.t*;.ÍÅ ;¡ ,ffi ¡lc;4Jl ¿xtJt.ú¡f "4,' ii P¡:¡'tel¡? of ,rhê Lappal* Roed tû7 subdtvisi'o¡ lreruption pla! recprded ":i:""f}* H:grK, ",4,ïir"'¡i"ï:;':ir;,r".,iii:r:.-:::irii,,ì;:ì,'Ëiii, lîËifi;ïïilülîi,,þnl*:m¡iitî$.li:.îïltn,,l:ïlli,,åi,î,?,,ïiil,,,rigtrr-of-vey llne of county Road_Ho' iol ana-íåstãrly or thû tåsterly right-of-sa.v linr' rt( , '30 foot r¿ide-¡ccess and urílity easeurer,t, i"io latcel of l."J úä¡"g"råre fullyoescribed ¡s follovs¿ seginning l:,Ì-!flt: ltP tn pläce and properly ¡n¡rked ðs ths l.f} corner.of said Section ?7;'.nence N 00'¡1.?4" [.36L15 ieer to a.point o-n t¡,e r;r;;rit-r;;¡i_åi]"ry'line orco,nty }toàd ¡lo' 107I thençå along the"Laslerlj. iifnl-or-*ay iiñe of sai-d count¡r road ,-.:..,1..r:",.::.t';.4ii , '. :, ;'Jili"oJll;'i å;:å;lå::'uliå,:;: :i_1,'ii;il.;;;ilr;iiiå"ïii-:1,;l;_::ii,,:m:::;o ",è¡onç the arc of a ,lS?:93 fooi radius cur"e io tf," ijg¡r. the chord of yhich bcargN 33"0s'16" E 65.e7'reet;'l.hence il qi-0s'¡5'-Ë ;ä.-a5';.;i; rñuni"'i¡ã-¿i"i*"r ðlono rhÊðrc of a 210'85 foot r¿dius cutue to-tttã iãr¿, ii".ã¡oro or vhich be¡rs ¡i ?6"¿0.0ð^ t¡35-95 feer; thence ¡t 07"31!i¡* E-12,/_.76 r".i: {¡,ã"iä ldB-98 feet ðlong rhe àrc of è!¿7'77 foot r¡dius curve to thË r¡ght.', t¡u-irrori-oi*çr¡¡c¡ bear5 N t9.48.01. [ 147-Bl fee:: ir,;ï*,fri[i.,i**¡iil;¡'xiç¡çifi:*ìï:ïiiitffii*ru:iiliiti:$""--l¡!nce 18-80 feet ¡)ong the ¿rc of ¿ ¿¡7-ss ráoi ;.¿l;t curvÊ Lo the right. the chord of.:hlch be¡rs.5 09'?4i0û-f rS"én-¡eet: t¡rence S-ıi"ôi,ii" E 7t-96 feer; thenqe N 17";16,3{- t38'36 feet'to a poiirl on t'he tasteriy .igLt-ãr-nui'¡in" or ¡ 3û foot *ide privare bccer:¡nd'utiìitv easementj Ûrence along tie rãstuiij ti'ig¡i-or-""i i¡nu-oi iilð ir¡uut. u..*r,¿nd uritity eàsement the follouing courses: s Þ:.çã,¡¡. u:i-¡z iu*t;-i¡ãri.4?-5¿ feeralong the u'Í ?lrl-zj0is8 foot raãius cur"e io-i¡,"-tiç¡t, the cho¡-d of vhich bearsS ?8'S?'41'; , ðrc:of , 'orlri'iå3'iï:i,:':l:i.¡.:';lå'il,rÏ lf;'irirut;r'*m *l;:iri;l:rliilr l'.-iï:¡:Ì :ì¡:r{;'ii¡;''$*':'*ì*t*iii:::.ii!¡li:ifii{;Uilillii,i*::;tiili ii$:ill$:i.iii,:itir:iii;ti;1.i,, .,curve'tÕ the-left, lltç çlol¡ of uhtch bears s ll;¿s,ai'ì,t r6!.{B feei; thence s 0s'.19,.t¿-13-87 feel; thence 10¡-54 feet along the r..-oi-, âzi-zz foot r¿dius åri"Ã io the righLthe chord of r¡hich bears 5 t5"43'03;1¡ 103-gg feãt; tt.n.e 5 t6"45r19- ï 50"86 feet.:thencÊ 70-92-feet^¡lbng the ¡rc of ¿ l5l-91 rooi-iå¿iur cúrye to the right, the chord of-vhitli'ıä¿rs 5 30'07'¿4; ìi ?0-zB reei; tiråÃce'lã.ti.s'in. Easrerly riglrr-oi-uay Iine or ,. ' ".;.,.i,;lii;'...:: - þe L¡rç l'urt¡L v' uBg¡¡tt¡lng'':-'r-'î.'''1:'.""t.1'ifii;Ti The above described parcer of land .oil.in, i¿.:ö'u.iur'oåi.'o,. less- i. I . "". . 1 ûg colitå'r¡s IZ.fg ðcr ,..:,... ÏOGET¡IıR I'ITH rhe fo1Lowíng described êåsemêít; , . ì trÊsâI- Ðe:qcription - prlvF.te, .$ecess Road Easenent - 'i. : - ':"., . 1 ; " t"""'"'';'" ' ":'.-.4 prívâte acóäss'road ease¡¡ent situated ín the }låìll,Jå.of sdction z?,' fownsbrp¡f :ç9191, Rarge'88 rdest of rhe sur.r."l""lf.i'¡¡å"1ãi"", -ör"iåie:.¿ 'Count¡r,- CoLöiàdo., being 30 .feet in width ""ã fyiåe-l!'teet <¡n eachside.of the.tfoll-owing described cenlerrrne¡ ';" '1.' ; ''.'l' ' o:.i, ':l : ' 'ãegiinning at;d -poi,rit :i-l!r Easterly right. of w¡iy, line of a County'Road as bulr.t'and:in prace whence ti,e Nãitirwã"r.ð;;;;; of eaid sec-; :iT 1?.b"*f ,*.'ilôo40ro9",u tz36.27 feer¡ thenc" i äo;zð;:!;^Ë îil,*r' 1'lul¡-'.thenqe_¡l8:.29',feet;a1ong'the arc of a 100.09 foot raãius cuive-toïne rlght; *the.choral .of ;which tjears S Otôb<t2i1 r' (r 4? feet¡ thenee :^11'ä:ã,lli:I-:-..a'*i'5t'{.'"ti thence 68.p2-reãt-ár""s-ihå';;-;i J"iäıl:¿}foot.radlus..rEq¡.ys'.;.!iir:thg,left, the: ¿¡6p6 of wnicfr"¡ears S OOð j?, jr+;'ñ68.]! ree-t¡i.thelç9 ìE 11o¡[;6jí' n-ir+.5.j?-rããti'"t¡ä"iðî9.99 reet alonsthe arc .o:f a..ZSZ',Siifoot_:racilus curve-to the'"itnï;"ti* chord of whichbears.S 09921+?00i1i'-8,1.19.,98. feetr thence s o?oo?'il,;'B'äç.¿¡ï-i.;*;: ""^-" . t , '...':ì rill','r,..i;1r¡¡n.,: ,-;'.-¡nn rocnrHEg wltl¡':lì¡ir.Srlþ3ÈbïÌtii å:ï;n-eicluslve easeû¡enr for roaduay åccess and uriri'iesãs descrlbêd oa s¿lôjErier¡p'tion plat,. - ., i .¡.rj.. _ ,.-.'i '.,, ,, ..,¡j. ï_.,, ...:...*.,,i,, l"''r'1' ' lll I ill¡¡ l' tlrl{rlHr,{, ll{'l lllH Jf':$l'ih¡fi'llt1j ltrtr l{"¡ ll ll I Receotionfi; 796982 ?*tit8:l ål ?3i åT'äto"*.Ë!.TÀlã6'3ã*".tD ceu¡,ïY cô 10319 Ë. 121st, Bixby, OK 74008 NO RËVENUË $TAMP$ NECESSARY*FAMILY TRAITSFËR TRUSTEË'S "QUIT-CLAIKEFËt lE,made,n,.ffiþetweenHRoBERTFRoNlNG,sÜleÏrusleeofTHIS INDENTUÍ THE çARCIL FRON¡NT REVOTABLË TRU$T DATËÐ JAI'IUÅRY 27, 1999, Of TUISA COUNIY, $tAtC Of OKIAhOMA, PAdY Of thc first part, and KAREN F. HATCHETT and JOHl,l U'. HATCHETT, husband and wife as joint tenani$ with right of survivorship {secànd party number 1}, DOt{ALn nt. FRüN|Nû and BILLIE J, FRONING, husband and wife as joint tenants with right of àurvivorsirip þeconO party numher Z) and PAUL ALAN FROHINË and LINDÂ SINÛER FRONING, husband and wife as joint ienants wiiii'*gllt of suriivorship isecond parly Number 3). Fach second paÉy shall receive an undivided one'thirci (1/3) interest in the iroperty transfened'herein; each undivided one-thhd (1/$ interest will be held as tenants in common by each collective seccnd party. WITNESSETH, thai said pady of the first part, in consideration of the sum of Ten and no/100 Dollars {$10.00) to him duly paid, the receipt whereof is hereby acknowledged, does hereby quit*laim, grant, bargain, sell and ænvey unto the said parfy of the second part {second party number 1, second party number 2 and second party number 3), and to their heirs and ãssigns forever, all ilis right, litle, interest and estafe, hoth at law and in equity, of, in and to, the following described real estate, situated in the County of GARFIELD, State of ü0L0RAÐ0, to-wit: $ËË ATTACHED EXH]BIT "A" Together with all and singular the hereditaments and appurtenances thereunto belonging, T0 HAVE AND TO H0LD the above granted premises unto the said party of ihe second part, lheir heirs and assigns forever. lN WTNESS WHERFQF, the said party of the first part has hereunto set his hand the day andyear above writien, THË CAROL FRONING REVOCABLÊTRUST DATFD JANUARY 27,1999r By: FRONING, Successor Sole STATE OF OKLAHÛMA COUNTY OF TULSA Before me the undersigned, a Notary Fublíc, in and for said County and State, on this -å* day of DECEMBER, 2010, personally appeared H ROBERT FRONING, Successor $ole Trustee of THË CAROL FRONING REVOCABLE TRUST DATED JANUARy 17, 1ggg, to me known to be the identical person who executed the within and loregoing ínslrument and acknowledged to me ihat he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said Sucçessor Sole Trustee, for the uses and purposes therein set forth, Given under my hand and seal of office the day and year above written' MY C0rllf\fllSSl0N ce ßLORIAJ, TRÂIG NotarY fuHio Sþte oiOldahoma Commlssion #Ð1014357 Exoires: AUGUST 21, 2013 Notary Public td pREPAREÐ BY: RISELING & RHODËS. p.C.' P.O' sOX 525ö1, TULSA' OK 741$2 Itll ffl l' llrffûlFlt[tü Hì l*ilNltrf l{î':F*È l* f'r' l{i "¡ ll ll I Reception*: ?96982 eif l1çitzøt't 11:22: l9 êll Jean Alberlcoã'åi-á-R¿" råèlıta.so Doò-Fee;0.0o GÊRFIELD ç0UNTY c0 EXHIBIT"A" GARTIËLD COUNîY, STAÏT OF CÛLORADO A parçl of land çituqtpd"in. Lol 4 of Section 27, Township 7 Soulh, Range 88 Vfest of the 6r¡' Princþaf Meridian, Gar$eld tounty, Çolorado, lying Ëasterly of the Ëasterly rþht-of-way line of tounty Road No. 107 snd Westerly oTihe Easierly rightof-way line of a 30 foot vríde access and utility easement, said parcel ol land being more fullydescribed as follows: Beginning at a brass cap [n placa and properly rnärked as the W4 Comer of said $ection 2?; thence N 0S"01'24" E 3Ê7,15'feet to a pointon the Easterly right-oËway ïine of tounty Road No. 1û7;fhence along the Easterly right-of+rvay line of said counly road the íollowing coutsts: 6$.35 feet along the arc of a 135.88 foot radius curve to the lefi the chord sf vrrhich bears N 46"30'09" E 62.78 feet thence N 33"tå'4ô'E 217,96 feet; thence 10?.84 leet along the arc of a 51Q.û6 foot radius curue to the left, the chord of whích bears N 27"t5'22IF 107.64'feeï lhence N 21"01'56" Ë 87.?5; lhence S6.46 feet along the arc of a 157.93 foot radius êurve lo the right, the chord of which bears,N 33"û5'16" Ë 65.97 feefi thence N 45'08'35" E 40.25 feet; thence 13&.42feet along arc of a ?1'0-85 foot radius cu¡ve to the left, lhe chord of which bears N 26"2û'08" East 135,95 feet; thenæ N 0T'31'41' ç.127 .7ö feet; thence 148.98 feet along thç arc of a347 ,77 foot radíus cuni.e to the right, the chord of whích bears N 19?48'0'¡" Ë 147.84 feei, ttence N 32'Û4'20" E 73.53 feet; thence leaving the Ëasterly rþht of-way ol said county road ns, 107 on a course bearing East 151 .45; to a point,on the Westerly rÌght of-uray line of a 30 fæt wide private access easement; thence along the Wosterly right-of*uay line of said private access easement the following tout$Ê$; S 11"4t'03" Ë 64.13 feet; lhence :,1 g,fififeet alang the arc of a 237.55 foot radius curve to lhe righl, the chord of v*hich bears S 09"24'00 H '18.8$ feet thence.s û7"$757'E 71.9ð feel thence N 17"16'34" E 38,36 feet to a point on üie Easterly dghl of-way line of a 30 foot wide private access and ulility easement; lhonce along ihe Easteriy righfotway line of s.aid private access and utìlity easement lhe foltowing mur$ss: S 23"53'41'ltV 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius rurve lû the right, the chord of which bears S 28"57'41'W 4238 feet; :lhence.S 34"0134' W 76.90 feet; thencs 116.55 feet along the arc of a 102.75 foot radius curve to the lefi, the.chordofwhichbears$t1"31'55"W 110,40feet;lhenceSSû"57'44'Ë113.63feet;thence119.50feet along the arc of a 114.23'radius curve to the right, the chord of which bears S 00'53'35' Ë 114,13 feet; thence S 38"58'35" W gû.4fi feet; thencn 172.t4 feet along the arc of a 2S7.3$ foot radius curve to the left, ihe chord of which bears I 11"494J" W 169.4S feei;thence S 05o19'14n I3.87 feet; thence 104.54 feet alongthearcaf a271.32f00tradiuscurvelotheright thechnrdofwhíchbearsS05"43't3'W.T03"89feel; thence S 16"45'19' W 50,86 feet; thence 70.92 feet along the arc of a 15.|.91 foot radius cuwe to the rþht, the chord of which bears S 3t"07'44n W 70,28 feet; thence leaving ihe Ëasterly rightof-vræy line of said private åffie$s and utili$ easement ûn a course bearing South 257.19 feet thence N 88"01'?'l' W 533.0 feet to the poíntof beginning. The above described paræl of land conlains 12.39 acres rnore CIr less. PRËFARËÐSY:RlsELlNG&RHODES,P,C',P.t.gÕX52561,TULSA,OK?4162 755267 09/08/2008 O2:1ı:A2 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Ðoc Fee: $0.00 eRecorded steffift lil¡e of Colondo, fnc. File NumbÊn 18344 ÐfÞ Ìl,oo SPECIÁ.L TVARRAI\ITY DEEI) TEIS DEEI), made this 2ad day of September, 2008, between Paul Alan Froning and Linda Singer ofthe said Couaty ofGarf¡eld and State of, Grantor, and Paul Alan Froning alcl Lirida Singcr Froning whoso legal address is: PO Box 545, Carbondlle, C0' ofthe said County ofGarfield and Stato ofColorado, grantee: WITNESS, that the grantor, for a¡d i¡ co¡sideration of the sum of Q, the receþt and sufñcienoy of which is høeby acknowledged" has granted, bargaincd, sold and conveyed, and by these p'i"r"ntr does grant, bargain, setl, convey and confïrm, unto the grantees, their heirs and assigns forever, not in tenancy in "oor*on b$t ú joint tenanc¡ all the æal property, fogether with improvements, if any' situat€, lyiÃg aod being in the County of Garfield and State of Colorado descriH as follows: See "Exhibit A" attached hereto also known by street and number as: 532 Red lIill Road, Carbondale, CO I I ó23 TOGETImR with all and singular tbe hereditaments and appurtenances thereto belonging, or in anywise appertaining' and the reversion and reversioni, remainder and remainders, rents, issues and profits thereof, and ali the estate, right, title' int6rest, claim and demand whatsoever ofthe grantor, either in law or equity, of, in a¡d to the above bargained premises, with the hereditaments and appur:enances. TO HA\¡E AND l'O HOLD tbe said premises above bargained and described, with the appurtenances, unto the grantee, his hei¡s aad assigns forever except, 2008 taxes not yet due aod payable and those exceptions ofrecord The grantor, fcir himself, his heirs, and personal representatives or sucÇessors' do covetrant, and agree that he shall and *il W¿nn¿MI AND FOREVER DEFENÐ the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assips, agair:st al1 and every person or persons claiming the whole or any pârt thereof, by, and ürougn or under the grantor. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN \ITTNESS WHERBOF, the grantor hPs deed on the date forth above. STATE 0F Colo¡ado COLJNTY OF Garfieid The foregoing instrument was acknowledged befo¡e me this 2nd day of Septe¡nber, 2008, by Paul Alan Froniug and Linda Singer My oommission exPires: MaY 22,2009'hand and offieial NotaryPublie MyComülßlon ErFk€s MaY åã, cnoe ss, SCHEURICHL.MABY PUBLICNOTAHY w¿¡tty Deed Spæia¡Pagc I of2 755267 09/0812008 A2.16:02 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Ðoc Fee: $0.00 eRecorded F.XrfBl¡'(6a'' pa¡cel I ofthe Inppala Road 107 Subdivi¡ion Exenrption Plat recorded July 12, 1984 as Reeeption No. 353934 of the Gaúcld Countyrecords, also described as follows: A parcel of land situated in Lot 4 of Section 27, To-wushíp 7 I."9.' Ralge 88 Wost of the 6th. Iti"otpul ptàdiarr, Ga¡ñeld County, Colorado, lying Easterty of the Easterly righ*9f-wey line of a 30 foot wide access and utility easçment and Westerþ olthe Eãst üne áf *re SlVti4NV¡l/4 of said Section 27, said parcel of land being more fully descibed as follows: aegi;ni¡g at a brass cap in place and properly marked as the Southeast corner of said SW1/4NW1i4; The,nse N Q0o26'57" E 1024.43 îæt; Theuce N 67o16'18t'W 557.62feef Thence S ?3o16,34" ly I 14.05 to a point on the Easterþ right-of-way line of a 30 foot wide private aocess and utility easement; Then* along the Easterþ right-of-way line of said private access and utility easement the following col¡rses: S 23o53'41" trV 31'37 feet; Therice 42.54 fætalong the arc of a 240.58 foot radius curve to the right, the chord of which bears S 28o57'4lu W 42.48 feet Thenoe S 34"01:34" W 76'90 feet; Tlence I 16.55 fe€t along the arc ofa 102.75 radius curvo to the leü t.he ohord ofwhich bea¡s S 01o31' 55' W 110.40 feet Thence S 30"57' 44n E i 13'63 feeq Thence 119.50 feet along the arc ofa I 14.23 footradius curve to the right, the chord ofwhich bears S 0o59'35" E I 14.13 feet; Thence S 28"58'35" W 90.46 feet; Thence 172.04 feetalong the arc of a 28':t .39 footradius curve to the left, the chord of which bea¡s S llo49' 4'l'' W 169.48 feet; Thence S 05o19' 14" E 13,87 feet; Thence 105.54 feet along the arc of a 271.32 foot radius ot¡rve to the right, the chord of which bears S 05o43' 03" W 103.89 feet; Thæce S 16o45' 19" W 50.86 fcet; Tbence 70.g2 feet aloag the arc ofa 15i.91 foot radius curve to the right, the chord ofwhich bears S 30 o07' 44u W 70.28 feet; Thence leaving the Eastedy right-of-way line of said private access a¡rd utility easement on a cor¡rs€ bearing South 257.19 feet; Thence S 88o01'21u F'772.36 feet to the poínt of beginning' Counfy of Garfield State of Colorado ?i SlewartltleofcoloEdo,tnc. FileNumben 18344 \YEmtthSpæía¡Page?oî2 f il¡ illtr l',F'lû fi !l¡. ßf ir#q!åiíËi¡iíffift.. fl Ét,ldltHfi tF#,tll$U¡l'tïL ll ll l tF:l,8lH*¡ELo cotnrY co .STATE OFCOLORADO Countyof Garfield ) )ss ) At a rcgular mecting of the Board of County Commissioners for Garfield County, Colo¡adı, held in tbe Garfietd County Administration Building, t08 8th Street, Glcnwood Springs on Monday, the 18ú day of Jul¡ 2016, there were present: IohnMa¡tin - ,CommissionerCbairman Mike Samson , Commissioner Com¡nissioner County Attorney Assistant County Attorney Clerk of the Board Kcvin Bstchclder - .,CountyManagcr when the following procccdings, aûlont othcrs were had ard done, to-wiu REsoLUTIoN no. Joll"- l-f, A RESOLUTION CONCERNED WTTH T}IE APPROVAL OF AI.T EXTENSION FOR THE FRONING SI,JBDIVISION PRELIMINARY PLA}I LOCATED NORTH OFTHE TO1VN OF CARBOI{DALE ON CR IO7, GARFIELD COUNTY PARCELNO.2393-272-00-032and2393-273-00-031 ßecitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners @oard) is autborized to act. B. On l8ú day of Jul¡ 2016, the Board considered whether a request for Pretiminary PIan extension, to allow for an additional period of time for the Applicant to fite a technically completc Flnat Plaç should bc granted, granted with conditions, or denied at which mecting the public and intcrcsted pcrsons were given tbe opportunity to express tbeir opinions rcgarding the issuancc of said extension. C. Ihe Board of County actåt bn the basis of substantial cornpetent evidence produccd at the aforementioned mecting. D. The Preliminary Plan for the Froning Subdivision was approved by thc Board on the 13û day of AugusÇ 2012 under Resolution No. 2012-?6 for real propcrty dcscribed q llll ilbf lÏnìiltll, ¡l rEl¡lt þlil ill l ¡r¡ll'r:tfi.Tbl',ú I ll IRcceotlon*: tTgESE OllãJjtæ16 0l:17;85 Plt Jcrn f,lÞarlco2 ol 3 Roe Fr¡¡30,00 Doo FrerO.OO cnnFlELD COlr!¡TY C0 ia a Quir Claim Deed rccorded a¿ Rcceptien Numbar796982 and in a Special \ilaranty Decd recorded at Reception ñumber 755261 in the records of the Clerk and Reconler, Garfield County, Colorado. E. In accordaoce with tho Garfield County Land Use and Devclopment Code and the Preliminary Plan approval for the Froning Subdivision, the APPlicânt was rcquircd to file a technically complete Final Plat application prior to August 13' ?013. F. In accordance with tbe Land Use and Deveþmont Code, the Prcliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an cxtension of the Preliminary Plan. G. The request for an cxtension of the Preliminary Plan was apprcved by Resolution 2013-57 whích rcquired filing of a technically complete Final PIat application prior to August 13,2014. H. In accordancc with the l¿nd Usa and Devclopment Codc, the Prcliminary Plan appmvat fo¡ the Froning Subdivision, thc Applicant filcd a rËquöst for a second request for a two-year cxtcnsion of the Prcliminary Plan. I. The requcst for an extension of the Preliminary Plan was approved by Resolution 2014-31 which required filing of a technically complete Final Plat application prior to August 13, 2016. J. In accordance with the Land Use and Deveþment Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filÇd a requcst for a third request for a two-yèar extension of the Prcliminary Plan. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Com¡nissioners of Garfield County, Colorado, thac A. The forgoing Recitals are incorporated by this referencê as paÍ of this Resolution. B. The request for Extcnsion of thc Prcliminary Plan is consistent with the requiremens of the Garficld County l¡nd Use and DevelopmÊnt CodÊ. C. Thc public meeting before the Board of County Co¡nmissioners was extensive and complete; all Frtinent facts, matters and issues were submitted; and all intercsted pa*ies were heard at that hearing- D. Tbe granring of a two-year extension is in the best intercst of thc health, safety urd welfare of the citizcns of Garfield County. ! llfl{t'Ir'¡ù illll E A motion was made to approve the extension of the Prcliminary Plan to allow for the filing of a technicdlylomplete fînal plat until August 13, 2018. The motion was approved bY a vote of 3-0. Dated.l,i, I fÈauv or 5.^l\ . A.D. 2016. Þ\ ATTEST: GARFIELD COTJNTY COTJNTY, COLORADO g- Clerk of the Board Upon motion duly madc and seconded thc following vote: County, atGlcnwood Springs, this-dayof-, A'D' 2016' County Cterk and ex-officio Clerk of the Board of County Commissioners , GARFIELD by the STATEOFCOLORADO ) )ss County of Garlîeld ) I, . , , County Clerk and ex'officio Clerk of thoBoard of C the County and Stote afgresaid do hercby certify that the an|exed and foregoing Resolution is truly copied from the Records of the Proceeding of rhe Board of County Cómmissioners for said Garfield County, now in my offtce. IN UTfiNESS IVHEREOF, I havc hereunto se¡ my hand and affixed the seal of said llil lltr* I'ltrll¡¡T,lll,Ilf¡{,l$t ilf F¡{Ëhlünnnl$ fi ',¡ ll lllReccÞt¡ðñ#: E22gS!5øAl21t2ø12 @7t44r47 PII J€än Alberioo1 of I Rec Fee:$@.Ø0 Ooo F¡e¡O,ØO GFRFIEL! COUNTY C0 STATE OF COI,ORADO County of Garfield At a regular meeting of the Board of County CommissÍoners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 13fr dayof August A.D. 20l2,ths¡e were present: ) )ss ) lnhr'l\larfin Commissioner Chairman Commissioner Commissioner Acting County Attorney Clerk ofthe Boa¡d CountyManager Tnm fnnl¿m¡cl¡w (tq¿an¡ f-lqrr¿ntt Â -zf+a"r llnrnerr when the following proceedings: rlmong others were had and done, to-wit: RESOLUTION NO. "?OA-lU ,A RESOLUTION CONCER}IEI} }YITH TTIÐ APPROVA.L OF A PRELIIVIINARY PLAN FOR TIIE F'RO¡IING SI]BDIVI$ON LOCATT,D ON COT]NTY ROAD IOT IN TIM SECTTON 27, TOWNSHTP 7 SOUTH, RANGE E8 WEST OF',Trm 6ffi P.M., GARTISLD COUNTY, COLORAD O pAÅc EL NO# 2 3 9 3 -2 7 2-0A-ß 2,LND 2 3 9 s - 2 7 2 -00-0 3 I Recitals A. The Board of Counfy Commissioners of Garñeld County, Colorado, received arequestfor a SubdivisionPreliminaryPlan applicationto allowforthe subdivisionofthecombineda¡eaoftwo parcels into five single family lots. B. The *3|-acre site is located north of the Town of Carbondale on Çounty Road 107 (Red Hill Road) and more flrlly describerl in a Special Warranty Deed recorded at Reception Number 755267 and a Quit Claim Deed rccorded at ReceptionNumber 796982 in the Office of the Garfield County Clerk and Recorder. C. The subject p(operly is contained within the Rural zone district within rrninçsrpq¡atsd Garfield County. D. The Board is authorized to approve, approve with conditions, or deny a request for 1 EXHIBIT bôoa llll lh I'ltrll¡ll!ilJ¡ !l{lll{+¡ lilrl!,ilÍIfflffHûi ll{',¡ ll ll I Rcc¡otionü: E22S93Aïtzl'f ZUz Ø1.44:42 P¡l Jêån Alberico2 of B Rsc F¡¡:$0.00 Doo F¡e:@.00 GÊRF¡ËLP COUNTY C0 Subdivision Preliminary Plan pursuant to Article V of the Unified Land use Rosolutions of 2008, as amended. E. The Planning Comrnission opened a public hearing on June 27 , 2012 at which time the Commission, in a 5-0 vote, recomüended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened apublic hearing on the 13ú day ofAugust, 2012 upon the question of whether the above-described Subdivision Prelimínary Plan should be approved or denied, during which hearing the public and interested persons were given the oppornrnity to sxpress their opinions regarding the plan. G. The Board of County Commissioners continued the public hearing to the 20ú day of August,2012 H. The Boa¡d of County Commissioners closed the public hearing on the 20ú day ofAugust, 2012to rnake a firal decision. I. The Board on the basis of substantial comFetent evidence produced at the aforementioned hearing, has nadc the following detenninations of fact: 1. That proper public notice was provided as required for the hearings. Z. That the hearings were extensive and complete, that all per.tinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the hearings. 3. That, upon oompliance with coxtitions of approval, and for the above stated and other reasons, the request for a Preliminary Plan to create five (5) Iots is in the best interest of the health, safety, conveniencç, otder, prosperity and welfare of the citizens of Garûeld CountY' 4. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Comprehensive Plan 2030. S. Tha! upon compliance with conditions of approval, the application has met the requirements of the Garfield County Unifïed Land Use Resolution of 2008, as arnended. 2 I lll lTt I'll¡Ftt,ltrltl{¡,H+l lÉtrH[ÈHf fürl# lll'ú Il ll I Recestion*: 82Ê9gSæf 21'1m12 Ø1 :44¡42 Pfl Jaân âlbarloo3 of I Reo Frer$ô,@@ Doc Fee:ø.Øø GARFIELD COUNTY C0 RESOLUTION NOW THERErORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution' A Subdivision Preliminary Plan and to create five (5) lots in the Froning Subdivision is hereby approved subject to the following conditions: l. That a¡ represeiltarions made by the Applicant in the application, and at the public hearing beforethe pt*ning Commissionshall be considered conditions of approval, unless specifically altered by the Board of County Commissioners' 2. The Preliminary Plan approval shall be valid for a period of one (1) year. Plat Nofçç flrr Appfi.ant shall comply with the final plat requirements in addition to those requirernents contained within the Ga¡field County Unified Land use Rcsolution of 2008, as amended (TJLUR): ù. The Finat Plat shall contain the following notes: Control of noxious weeds is the responsibility of the propelty ol,wrer; No open hearth solidifuel fireplaces will be allowed anywhere within the subdivision. One ^(t) new solid'fuel buming stove as defined by C'RS. 25-7-401, et.seq., and the regtlàtions promulgated thereuuder, will be allowed in any dwelling unit. All dwelling *itr *itt be allowed an unrestricted number of riatural gas burning stoves and appliances; nr.AII exterior lighting shalL be the minimurn amount necessary and that aI[ extcrior lighting shall be directed inward and downward, towards fhe interior of the sti¡¿irÀsion, except that provisions may be made to allow for safety lighti"g that goes beyond the propertY boundaries; Colorado is a "RIGHT-TO'FARM'' state pursuant to C.R'S' 35'3'11, Et' Seq. Landowners, residents and visitors must be prepared to acce,pt the activities, sights, sounds and smolls of Garfield County's agricultnal operations as anotmal and necessary aspect of living in a oounty with a strong rural character and a healtþ ranchinjsetor. Those with an urban sensitivity may perceìve such aotivities, sights, sound, ãnd smells ouly as inconvenience, eyesore, noise and odot. However, state law and county policy províde that ranohing, farming and other agricultural activities 1V 3 l. Illl llr¡ I'lt rltlï,ill{ lilfi tHlJ{ Ë¡$l llillltf,fl*tl lll'{ ll I I I Receot ion$: 822995 øAt21'12@12 O1t44:4? PYI Jaan ÊIbericc 4-äT à-Råı FèuiUø.0ø boo Fãe:Ø.Øo GnFFIELo coUNTY co and operations within Garfîeld County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lightso mud, dust, smoke, chemícals, machinery on public roads, livestock on public roads, storage and disposal of manwe, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, sny one or more of which may nat¡rally occur as part oflegal and non-negligent agricuhural operations; v. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regardto the maintenance of fences and inigation ditches, conholling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining properly. REsidents and landowners axe encouraged to learn about these rights and responsibilíties an act as good neighbors and citizens ofthe county. A good introductory source for suchinformation is "A Guide to Rwal Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County; vi. Based on the analysis of the sub-soils on the properly, Individual Sewage Disposal Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shatl be submitted with individual building permit application for each lot. The cost of these studies shall be borno by the individual properly owner; vü. A Site-specific soils and foundation investigation shall be submittedwiththe Building Permit application for each lot within the Froning Subdivision; viii. Restrictions regarding animal control, fcncing and prevention sf çenflicts with \¡/ildlife shall be inoluded in the protective covenants compliant with the recommendations of Colorado Wildlife Science, LLC contained in a report dated August 2010; tx All streets are dedicated to the public use but will be owned and maintained by Horneowner's Association. Al1 str€Êts witl be constructed to standards consistent with Article VII, Section 74A7 Roadway Standards, of the ULUR, unless specific sections havc been waived by the Board of County Commissioners. Repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision; X.The mineral rights have not been severed from the sr¡rface parcels however the fi¡ture sale of the sites may sever these rights. [n order to inform future own€r$ that mineral rights may be severed a plat note regarding this fact must be included on ttre final plat; 4 IIll lF¡ l' $il|¡TJll[ llt, l,t+l+¡Etiril hl'UF¡ Ílit¡l llt'ú ll I I I Receotlonilt 822595 aei21'12ø12 61:44t42 Pil Jêan âlberico ã-åf'å-Èèa Fóc'Oô.ıo Doc Fee:O,Ø0 GnRFIELD COUNTY c0 A plat note shall be written, to thç satisfaction of the County Attomey's Office, regarding restrictíons on Lot 3 which is split by the ¿rccess road. Specifically, this lot nas Ueen created as a single parcel with the aliowance for one single family home on the 5.006-acre site. 4, FINAL PLAT 1'¡* nio¿ plat sha[ contain the following certificates as contained within the PI¿t Certifioate Appendix of the ULUR: a. Certificate ofDcdioation and Ownership; b. Lienholder Consent a¡rd Subordination Certificate, if applicable; c. Board öf County Commissioners Certificate; d. Title or AttorneY Certificate; e. Treasursr Certificafe of Taxes Paid; f" County SurveYor Certificate; g. Clerk aud Recorder Certifioate; h. SurveyorCertiÏicate. 5. WATERBFOIIIREMENTS s. The Applicant shall obtain a well permit for the subdivision as required bythe Division of Water Resources and this well permit shall be considered a submittal requirement at final Plat; b. The Applicant shall include the terms and conditions of water decree case no. 06CW195 in the Subdivision lmprovements Agreement and Restrictive Covenants; c. The Applicant shall submit the results of well testing as required by Section 7-lO4 B- ofthe ULUR- with the Final Plat application, The report shall provide data sufficient to demonstuate provision of adequate wâtef quântrty and qrality to serve the lots in the wbdivision; d. Ifwater quality analysis requires treatment of the water the Applicant shall provide design of the treatment system and cost estimates as a submittal requirement at final plat; The HOA shall be transfened the water rights, well pennit and all easements and facilities related to the water system for this subdivision; The subdivision covenants, or otherHOAdocuments,mustinclude descriptioooftherightof each lot to use the water, must adequafely describe the maintenance requirements of the system, and must assign authority to the HOA to collect fees associated with the use and 5 xl f. llll ftr¿lilrF¡ff'illl]S¡I l$tItt|ËhtllfhltlflIll'*4'lll'ù I ll I Receptionff: 822995 viat2l'12ø12 û1:44t*2 PII Jeen AlbericoË-åi'å-ñ¿; Ëèà,$ò.ıø öoc-rearø.øø GARFIELD couNTY c0 maìntsnance of this system. This document¿tion shall be considered a linal plat submittal requirement and shall be reviewed by the County Attomey's office for a determination of sufEciency. 6. ROAD REQTIIREMENIS TheBoard of County Commissioners supporttherequested waivers regardingroad standæds, as recommended by the Planning Commission, and a condition will be included which requires the applícant delineate adequate snow storage areas within thc blnnket easement. The easoments shall be dedicated to the Homeowner's Association. a. Any Applicant for a building permit within the subdivisíon shall provide a site $ading plan demonstrating how flows from the existing basins will be mitigated. This shall also be required as a plat note onthe Final Plat and withinthe covenants; b. The retaining walls required by the subdivision shall be designed and included in the subdivision improvements agreement. Adequate easements must be created and the easements dedicated to the HOA who will be responsible for ongoing maintenance of these structures; c. Should additional water storage be required, based upon requirements of the Carbondale & Rl¡ral Fire Protection District, the Applicant shall provide an updated design and revise the cost estimates. 8. COVENANTS a. Protective Covenants, Section 3.12, Recreational Vehicles (RV), shall be amended to pemit RV's to be used for occupancy by the owners of a lot or their guests for up to 14 days; b. Section 3.18, Vmiances, shall be amended regarding the ability of the ACC or the Boa¡d of the Association allowing for variance from the provision of the covenants. The ACC or the Board may only grant variances that do not affect the compliance ofthe subdivision with the Unified Land Use Resolution of 2008, ¿5 nmended) c. The covenants shall include requirements related to the on-site retention required for each lot including the speoificatio¡s for the retention; d. Thc covenant shall includo requirements for fire sprinklers inthe single familyhomes within the subdivision covenants including, but not limited to, water pressure/booster ptlmF requirements. 6 7 ll ll lff ¡¡ l'ltr ¡l¡¡T,il I M+ !l Èf'l I { q?H{ I lfr $f I l{fl, lll, ü I I I I IReceÞÊion*: E22995øel21l?ø12 Ø1:44:42 PII .le¡n Êlbarlco7 of g Rso Fee:$Ø.@Ø Dao Fsèr0,ø@ GFRFIELÐ COUNTY c0 ATTEST: tr) of the Bsard e. MPA"ÇT [ÞEs a. The Applicant shall submit an appraisal with the Final Plat application so thatcalculation of the amount of the fee-in-lieu payment of school land dedication for the subdivision can be calsulated. puy-*t of ttn f;-å üeu will be required prior to approval and recording of the final Plat for the subdivision; b. prior to approval and recordation of the final plat The Applicant shatl be required to comply with Resolutio' eOog-OS, the required residential impact fee for the Ca¡bondale and Rural Fire protecti"" pi.oi.r. A letter ftom the Dishict regarding satisfaction of payment must be submitted to Building & Planning prior to plat approval' 10. As a final ptat submittal requirement the Applicant shall provide information regarding completion of tnr formntion of an inco¡porated homeovmeros association' 1 1 . The Applicant shall delinente and legally describe all 9a191en* on the final plat and convey 4ll easements to trr. t"rpo*itle entity. -This dedícation shall be in a form acceptable to the county Attorney's Office aird trao"f", *hull o""* at the time of recording of the final plat' These easements shall includej* *r not limïted to all easements ofrecord utílity easements, drainage easementso water system easgments, stonnwater drainage easements, open space and any internal roads required as a part of this deveþment' 1 2. Finat plat submittal requirements shall include a storm 'water Management Plan that focuses on erosion controt th"ttr;;;s the detaohment of soil rather than sediment control, which focuses on removal of soils particles ûom runoff' Dated tn" å*"auv ot tt¡ç'ø* - . 'A'D' 20 12-'o GARFIELD BOARD OF GARFIELD COUNTY, by theUpon motion duty rnade and seconded ttre following vote: Aye Aye Aye 7 was ffl ür¡ ïürltlTJlil¡ lå{,l¡ülHfilt r,{llF'ill{lliln,lll',1 ll ll IRcceot i on$ : 422395 øef21'12ø12 Ø1 t44t42 Pfl Jean Albe¡ioo8 of 8 Reo Feerg@.ØO Doc Fee:@,ØO çRRFIELD COUNTY C0 STATE OF COLORADO County of Garfïeld at Glenwood Springs, this -_ daY of A.D. 20_. County Clerk and ex-officio Cterk of the Board of County Commissioners ) )ss ) T , County Clerk and ex-officio Clerk ofthe Board of couoty cãilirsioorrr, io *d for the county and state aforesaid, do hereþ certiff that the annexed andfoiegoing Resolutionistruly copied fromthe Resords ofthe ProceedingoftheBoardof County Commissioners for said Garñetd County, nowinmy offtce' IN WITNESS WHEREOF, I havehereunto setmy handandaffixedthe seat of saidCoÐW, I EXHIBIT lllllh l¡$rltfl,lllli lflrt ll/û l+[ìf+'ilH,I f{¡',lJrll ill't lllllReceptjon$ i A4ø244Oglô412011 02r44 33 ptf Jsân ÊlbÊriGo1 ot 3 Rec Fee:90 0Ð Doc Fee,o óO CÀñ¡telO coUNTy c0 STATE OF COLORADO C.ounty of Garfield At a regular meeting of the Board olCounty Commissioners fbr Garfietd County, Colorado, hetd-in the Garfiãld County Administration Building, 108 8th Street, Glenwood Springs on Tuesday, the 3'd day of September,20l3. there were present: John Martin " Commissioner Chairman Mike Samson ... ... -. --- - . , Commissioner 'l-nm Iqm l¿Commissioner County Attomey Assistant County Attorney Clerk of the Board County Manager ) )ss ) f¡r¡'v fìn Andrew when the following proceedings, among others were had and done, to-wit: RESOLUTION NO, JotS-s7 A RESOLUTION CONCËRNED WII'H THE APPROVAL OF AN EXTENSION FOR THE FRONING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TOV/N OF CARBONL}ALE ON CR IO7, CARFIELD COLTNTY PARCEL NO. 23 93 -2 72-00-Q32 and 2393-273 -00-03 I Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act, B. On 3'd day of September. 2011, the Board considered whether a requsst for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technicaily complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension' C. The Board of County acted on the basis of substantial competent evidence produced af the aforementioned meeting. D. The Preliminary Plan fbr the Froning Subdivision was approved by the Board on the 13th day of August,2012 under Resolution No. 2012-76 for real property described in a euit Claim Deed reeorded at Reception Numbet 796982 and in a Special lVananty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, ,À )$* Illl lfi't t$rlulJ{l, ftrf H Hf l{f f lJit ltrr l*Ll{|'¡ I ll I Receotion*: 84ø244 F¿"'-TãlË P3"{åo18ooilo,'Få!' 3lBå"åËÊt t'LÐ couNrY co Garfi eld County, Colorado. Ë. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was requited to frle a technically complete Final Plat application prior to August 13,2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request flsr an extension of the Preliminary Plan. Resolution NOw, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gadield Corurty" Colorado, that: A, The forgoing Recitals are incorporated by this reference as part ofthis Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Oarfield County Land Use and Development Code. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a one-year çxtension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until August 13,2014. The motion was approved by a vote of 3-0. Dated tt i, 3^/ day of S-qz.É , 4.D. 20 r 3. ATTEST: GARTIELD COUNTY BOARD OF COMMISSIONERS, GARFIELÐ COLNTY, COLORADO ¿-l-, fT7 tE of the Board SEAL I lll t$i I llrltfj'll l{ Il+L lT !, I tll l#fi Hii l$r Hr'llfl ' ù ll ll I ReceptionË t 84O244 g%'/lãfl3 g:;4åu'8ooü"'Êil 3lBå"åtHotEr-Þ corrNTy c0 Upon motion duly made and seconded the foregoing Resolution wâs adopted by the following vote: ay STATE OF COLORADO County of Garfield I,County Clerk and ex-officio Clerk of the Boa¡d of Counfy Commissioners in and for the County and State aforesaid do hereby certifu that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. lN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.2013 County Clerk and ex-officio Clerk of the Bsard of County Cornmissioners ) )ss ) fil Hþl.tf'll,fllL[ ltrl ll#rlttrttt¡llHÏ]illtl¡¡t|ru, ll ill Reaeption#: 851t36 OTloÈtzol4 Q3z24to9 Pll Jean nlb€riooI of 3 Reo Fee:90.00 Dos Fee:O.oo GnRFIEU) CoUNTY CO STATE OF COI,ORADO County of Gufield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield CountyAdminis¡¡tion Building, 108 8ú Sheet, Glenwood Sp¡ings on Monday the 7u day of July, 2014, there were present: Mìke- Ssmsnn Commissioner Chairman Commissioner Commissioner County Attorney Assistant County Attorney Jean Alberico , Clerk of the Board Andrçw Gorgev _ . County Manager when the followÍng proceedings, among others were had md done, to-wit: RESOLUTION NO.ol4'3t A RESOLUTION CCINCERNED ÏVTITI TTM, APPROVAL OF AN ÐffENSION FOR TIIE FRONING SUBDMSION PRELIMINARY PI-AI.I LOCATED NORTH OF TIm TOWN OF CARBONDALE ON CR 107, GARFIELD COIJNTY PARCELNO.2393-272-00-032and2393-273-00-031 Recitals A" GârFteld County is a legal and political subdivision of the State of Colorado for which the Board of County CommissioneË (Board) is authorized to âct. B. On 7^ duy of Jul¡ 20L4,the Board considered whether a reguest for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a tectrnically complete Final Plat, should be granted, granted wit! conditions, or denied at u¡hich rneeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substar¡tial competent evidence produced at the aforementioned meeting, D. The Preliminæy Plan for the Froning Subdivision $,as approved by the Board on the 13ù day of August, 2012 under Resolution No. 2012-76 for real property described 1 EXHIBIT ( ll ll ilr¿Ë{F ilrI fl tl ltrll I tlf r I {#ll lÏl ltt fffl tl' lttlf ','L Il ll I Receptlon$:851f36 071ødt2l¿l4 fxt:24:09 Pl'l Jean âlbarico2 of 3 Rêo Feer$O.OO Dsc Fee:0.00 GRFF¡ELD COUNfY GO in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Wananty Deed recorded at Recepion Number 755267 in the records of the Cle¡k and Recorder, Garfield Count¡ Colorado. E. In accordance wittr the Garfield County Land Use and Development Code and the Preliminary PIan approval for the Froning Subdivision, the Applicant wâs required to file a technically complete Final PIat npplication prior to August 13,2073. F, In accordance wíth the Land Use and Development Code, the Prelininary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the p¡s[iminar]r Plan. G. The request for an extension of the Preliminary Plan was approved by Resolution 2013-57 which required filing of a technically complete Final Plat application prior to August 13,2014. H. In accordance with the Land Use and Development Code, tlre Preliminary Plan approval for the Froning Subdivision, the Applicant ñled a request for a second request for a two-year extension of the Preliminary Plan. Re$olution NOIV, TI{EREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield Count¡ Colorado, that: A. The forgoÍng Recitals are incorporated by this reference âs part of this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County l¿nd Use and Development Code. C. The public meeting before the Board of County Commissioners was extensive and compleæ; all pertinent fads, matters and issues were submitted; and all intercsted parties were heard at that hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until August 13,2016. The motion was âpproved by a vote of 3-0. berico Oø GARFIELD COUNTY GO Yt-7*Datedthis day 4.D.2074- ATTEST: CARFIELD COLINTY COIJNTY, COLORADO ?v- rY1 û.tlrtlr,rrA of the Board Upon motion duly made and seconded the foregoing following vote: lnll¡ t¡farli- STATE OF COI,ORADO County of Garfield f, , Counfy Clerk and ex-officio Clerk of the Board of County Commissione¡s in and for the County and Statc aforesaÍd do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commiesioners for said Garfield County, now in ny office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of 4.D.2013. county clerk and ex-offício clerk of the Board of county co¡nmissioners J ) )ss ) $ras m Hll,,T!,lillHll,Hrl f,,"f",ã?åÉiíÞiåîíi'.'B"Fð." il¡:t,h.tnl¡1¡Flitf.tlHll'l',ù ll ll I 'F:l,tlEE kFFrELo cout{rY co .STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Boa¡d of County Commissioners for Garfìeld County, Coloradı, held in tbe Ga¡Freld County Administration Building, t08 8rh Street, Glenwood Springs on Monday, the l8ü day of Jul¡ 21l6,there were present: Tnhn Mqrfin Commissioner Chairman Commissioner Comrnissioner County Attorney Assistant County Attorney Clerk of the Board CountyManager 'Tnm Tqnl¡nwcl¡r¡ Ilawin Íl¡tnhplr{er when the following proceedings, among others were had and done, to-wit: REsoLurIoN No. Ao t L- l-î A RESOLUTION CONCERNED WITH T}IE APPROVAL OF AN EXTENSION FOR THE FRONING SIJBDIVISION PRELIMINARY PLATI LOCATED NORTH OFTHE TOWN OF CARBONDALE ON CR IO7, GARFIELD COTJNTY PARCEL NO. 23 93 -2? 2-00 -032 and 2393 -27 3 -00- 03 t Recitals A. Ga¡field County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners @oard) is authorized to act. B- On l8ù day of fuly, 2016, the Board considered whether a request for Preliminary Plan extension, to allow for ao additional period of time for the Applícant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express tbeir opinions regarding the issuance of said extensjon. C. The Board of County actèd bn the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Froning Subdivision was approved by thc Board on the 13û day of August, 2012 under Resolution No. 2012-76 for real property desc¡ibed EXHIBIT bãôa q tll l flj rr t' lT llq ¡H[, lir E tlil h,,'¡ l lll l 1rt ]'r:qhl' b g','¡, tl l l I RcccÞtlon$: 879936 0712012016 0l:17:56 Pn J€ån Albàr¡co2 ol 3 Reo Feo¡E0,00 Doo Fee¡0.90 GÊHFIELD CoUlJfY c0 in a Quit Claim Deed recorded at Receptign Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, GarfiEld County, Colorado. E. I¡ accordance with the Garflreld County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was requfued to ñle a technically complete Final Plat application prior to August 13' 2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an cxtcnsion of the Preliminary Plan. G. The request for an extension of the Preliminary Plan was approved by Resolution 2013-57 which required f,rling of a technically complete Final Plat application prior to August 13,2014. H. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for a second request for a two-year Êxtension of the Preliminary PIan. I. The request for an extension of the Preliminary Plan was approved by Resolution 2OL4-31which required filing of a technically complete Final Plat application prior to August t3, 2016. J. In accordance with the Lanf, Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant frled a request for a third request for a two-year extension of the Preliminary Plan. Resolution NOW, THEREFORE, BE IT RESOLVED by the Boa¡d of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extcnsion of thc Preliminary PIan is consistent with the requirements of the Garfietd county Land use and Development code. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D, Tbe grånting of a two-year exteosion is in the best interest of the health, safety and welfare of the citÞcns of Garfield County. i+$ir#ni,!${!.il: I'rlJ, I ffifrtl ltl'úlllfl{1hl'il' t¡ lll JFål,8:Bã"åãFFtELD couNTY co E. A motion was mad'e to approve the extension of the Preliminary Plan to allow for rhe fiting of a technically complete final plat until August 13, 2018. The motion was approved by a vote of 3-0. Dated,hi, t 81Èauv or 5r^l\ , A.D.2ol6. ATTEST: GARFIELD COI,NTY COI.JNTY, COLORÂDO (6- Clerk of the Boa¡d Upon motion duly made and seconded the following vote: County, at Glcnwood Springs, this - day of -, A.D. 2016. County Clerk and ex-officio Clerk of the Board of County Commissioners by the srATE OFCOLORADO ) )ss County of Garfield ) I, , , County Clerk and ex-officio Clerk of the Boa¡d of County Commissioners ín and for the County and State aforesaid do hercby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Boa¡d of County Commissioners for said Garfield County, now in my office. IN UffINESS WI{EREOR I have hereunto set my hand and affixed the seal of said STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 6th day of August,2018, there were present: Tnhn l\fqrfin Commissioner Chairman Commissioner Commissioner Mike Samson ) )ss ) Tnm Tonl¿nr¡cl¿r¡ Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE FRONING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TOWN OF CARBONDALE ON CR IO7. GARFIELD COUNTY PARCEL NO. 23 93 - 27 2-00 -032 and 2393 -273 -00-03 1 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorizedto act. B. On 6th day of August, 2018, the Board considered whether a request for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County Commissioners acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Froning Subdivision was approved by the Board on the 1 3th day of August, 2012 under Resolution No. 201 2-76 for real property described in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was required to file a technically complete Final Plat application prior to August 13,2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the Preliminary Plan. G. The request for an extension of the Preliminary Plan was approved by Resolution 2013-57 which required filing of a technically complete Final Plat application prior to August 13,2014. H. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for a second request for a two-year extension of the Preliminary Plan. I. The request for an extension of the Preliminary Plan was approved by Resolution 2014-31 which required filing of a technically complete Final Plat application prior to August 13,2016. J. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for a third request for a two-year extension of the Preliminary Plan. K. The request for an extension ofthe Preliminary Plan was approved by Resolution 2016-48 which required filing of a technically complete Final Plat application prior to August 13,2018. L. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for a fourth request for a two-year extension of the Preliminary Plan. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the frling of a technically complete final plat until August 13,2020. The motion was approved by a vote of 3-0. Dated this _ day of A.D.2018. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Date Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Mike Samson Aye/1.{ay Aye/1.üay Aye/1.üayTnm fankovskv STATE OF COLORADO County of Garfield l, , County Clerk and ex-offrcio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my offrce. IN V/ITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,atGlenwoodSprings,this-dayof-,A.D.2018. ) )ss ) County Clerk and ex-officio Clerk of the Board of County Commissioners