HomeMy WebLinkAbout1.0 ApplicationGarfield Counly
Community Development Department
1OB 8th Street, Suite 401
Glenwood Springs, CO 81601
(970194s-82L2
www.ga rf ie ld-cou nty.com
Preliminary PIan Amendmenttrtr Minor Subdivision \E Final Plat AmendmentMaior Subdivision
Common lnterest Community Subdivisiontrn Sketch E Preliminary E Final
tr Public/County Road Split ExemptionConservation Subdivision
Rural Land Development Exemptiontrtr Yield E sketch EI Preliminary E Final
tr Time Extension
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Owner/Applicant
Mailing Address
Name:
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Phone: t%o \q73-qbq3
Project Name:
Property Size (acres)
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RECEIVED
state: CO 7ip
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code:?lÇÔt
Zone District:-P\tÞ
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City:
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Representative (Authorization Required)
Name: ll.¿Àl.e.tL
Mailing Address
Assessor's Parcel Number:
Physica l/Street Add ress:
Legal Description
E-mail
MAY fi 3 ?r.i1$
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Existing Use:
Ë of UnitsLand Use tr of lots Parking
Proposed Use (From Use Table 3-403):
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Descríption of Project:
Single Family
IDuplex
Multi-Famllv
Commercial
lndustr¡al
Open Space
Other
Total
Submlssion Requirements
tr the Applicant reguesting a Waiver of Submissíon Requirements per Section 4-202, List:
Section:
Section:
Section
Section
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Waiver of Standards
Section:
Sectíon:
Section:
Section:
the statements above and have provided the required attached informatlon which is
accurate to the best of my knowledge.
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Date
(Q*'t
of Prope r c'v.
FneNumbe'f P0VA -ß43Or---Fee Paid:DO
Gørfteld County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ('APPLICANT") Thomas C. Thompson and
Karen P. Thompson agree as follows:
L. The Applicant has submitted to the County an application for the following Project: -
Lots D7 and D8, Aspen Glen PUD, Glenwood Sprines, Garfield County, Colorado -
r Plat Amend
2. The Applicant understands and agrees that Garfield County Resolution No. 201"4-60, 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 th¡s 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. lf 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 th¡s application:
Billing Contact Person:_Richard Y. Neiley, Jr P ho ne : (_97 0 _l _928-9 393
BillingContactAddress:-6800Highway82,Suitet-
City: _ Glenwood Springs State: _CO_ Zip Code: _8L601_
BillingContactEmail:-aspenlaw@neileylaw'com
P ame of Person Authorized to Sign: _Richard Y. Neiley, Jr.
(Signature)
'b
(Date)
Narrative Description of Request for Plat Amendment
For Lots D7 and D8o Aspen Glen, Filing No. 1
State of Colorado - Parcel ID Nos. 2393-291-04-007 and2393-291-04-008
In this application, Thomas C. Thompson and Karen P. Thompson (o'Owners") seek
approval from Garfield County for an Amended Final Plat for the merger of their two (2)
residential lots, Lots D7 andD8, in the Aspen Glen PUD.
The merger of the lots will not result in any changes to easements, access, utility services
or drainage. The boundary line between Lots D7 and D8 will be eliminated as will be the
setbacks along that line. Building envelopes will not be altered except that, because Lot D7 is
developed with a single family residence, the building envelope on Lot D8 can only be
developed with accessory structures as such may be approved by the Aspen Glen Design Review
Committee, consistent with the PUD approvals and applicable County regulations.
In accordance with the review criteria of the Land Use and Development Code, Section
5-305, the plat amendment will not increase the number of lots, will not result in the relocation
of a road or add any new roads, and will simply merge two (2) existing lots into one (1) lot.
Owners attachhereto as Exhibit I a draft Amended Final Plat that conforms to the
requirements of Land Use and Development Code Section 5-402.F.
With respect to Land Use and Development Code Article 7, Divisions I, 2,3 and 4,
because the lots are located with the Aspen Glen PUD and Owners do not propose any
modifications to the existing County approvals or Homeowner Association Covenants, all use
and development of the lots, when merged by the plat amendment, will continue to comply with
all General Approval Standards, General Resource Protection Standards, Site Planning and
Development Standards, and Subdivision Standards and Design Specifications. This proposed
plat amendment has been approved by the Aspen Glen Design Review Committee as of April 24,
2019.
To the extent deemed applicable, Owners hereby request pursuant to Land Use and
Development Code Section 4-118 a waiver of the submittal of the entire set of Covenants for the
PUD. In support thereof, Owners submit that they do not seek to modify or amend any Covenant
or zoning regulations and that the Covenants for the Aspen Glen PUD were first recorded on
April 6, 1995 and have been supplemented fifteen (15) times through December 21,2004.
Owners will fully comply with all applicable Covenants and zoning regulations. Approval for
this proposed plat amendment has been granted by the Aspen Glen Design Review Committee.
Based on the foregoing, approval of this requested waiver is appropriate.
Appended hereto are the following Exhibits meeting the submittal requirements.
l. Draft Amended Final Plat.
2. Proof of Ownership and information on lien holders (none).
3. Names and mailing addresses of property owners within 200 feet.
4. Mineral rights ownership.
5. Letterauthorizingrepresentation.
6. Copy of Pre-Application Summary.
7. Vicinity Map.
8. Approval of Aspen Glen Design Review Committee.
Owners respectfully request Garfield County approval for the plat amendment requested
herein.
LAW FIRM, LLC
Y. Neiley, Jr
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1\-ì--t-f:l l;: N l-:-Y f:ì & l ì tl 1...1 N 5 t- l-il R Lì
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LAW
RIËHARD Y. NEILEY JR
}/.ay 17,2019
VIA EMAIL cdalby@garfield-county. com
Ms. Claire Dalby
Garfield County Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Re:Lots D7 and D8, Aspen Glen, Filing No. 1 Amended Final Plat
(FPAA-Os-19-8730)
Dear Ms. Dalby:
I am in receipt of your letter of Ma y 73 , 2019 regarding Aspen Glen Lots D7 &, D8 Filing No.
1 Arnended Final Plàt in which you state that three items are needed for a determination of technical
completeness.
In your letter of May 13,2019 you requested the following:
1. Updated title commitments for both properties - Land Use Code Section 4-20382
dir-ects the applicant to include "a deed or other evidence of the owner's fee title interest in the
land..." Therô is no requirement for a title commitment. Notwithstanding the limited requirement of
the Land Use Code, we submitted as Exhibit 2 to the application a Certification of Ownership that I
signed as a licensed practicing attomey in the State of Colorado. That Certification of Ownership
attaches copies of the Deeds for both properties. I have personally inspected the real estate records of
Garflreld Cıunty and there are no lienholders of record with respect to either of the propefties, as
stated in paragraph 3 of the Certification of Ownership. A Certification of Ownership by a licensed
practicing attórnãy who personally inspected the real estate records is every bit as valid as a title
ãommitrnent for purposes of establishing record ownership and lienholders. This item should be
considered satisf,red and should not irnpair a determination of technical completeness.
2. Updated list of surrounding property owners - with the application as Exhibit 3 we
submitted a current list of sunounding property owners for one of the lots but not for both'
pleqse respond tor 6800 Highway 82, Suite 1 . Glenwood Sprlngs, CO 81601 .970'928-9393 Emøil; aspenlaw@neileylaw.com
Aspen office:420 East Main Street, Suite 230 . Aspen, CO 816LL . 970-925-9393
Ms. Claire Dalby
Garfield County Community Development Department
May 17,2019
Page2
Subrnitted herewith as Exhibit 3 (amended) are cunent lists of surrounding property owners for both
lots.
3. Explanation for keeping two building envelopes - as stated in the Namative
DescrÌption of Request for Plat Amendment: "Building envelopes will not be altered except that,
because Lot D7 is developed with a single family residence, the building envelope on Lot D8 can
only be developed with accessory strucfures as such may be approved by the Aspen Glen Design
Review Committee, consistent with the PUD approvals and applicable County regulations." The
applicants' desire to retain the platted building envelope on Lot D8 in the event they or a subsequent
owner wish to develop an appropriate accessory structure such as a barn, shed, additional garage or
recreational facilities that involve improvements that will be required to be within a platted building
envelope.
Please let me know if the foregoing responses are satisfactory. Thank you for your prompt
review of this application.
Very truly yours,
LAW FIRM, LLC
Y. Neiley, Jr.
encl.
cc (w/o encl.): Thomas and l(aren Thompson
EXHIBIT 1
EXHIBIT 2
CERTIF'ICATION OF' OWI\ERSHIP
The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of
Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows:
1. The owners of the real property located at Lot D7, Aspen Glen Filing No. 1, as
described in the Warranty Deed appended hereto as Exhibit A, Garfield County, Colorado, are Thomas
C. Thompson and Karen P. Thompson, 1113 Rocþ River Road, Houston, Texas 77056.
2. The owners of the real property located at Lot D8, Aspen Glen Filing No. 1, as
described in the Warranty Deed appended hereto as Exhibit B, Garfield County, Colorado, are Thomas
C. Thompson and Karen P. Thompson, 1113 Rocþ River Road, Houston, Texas 77056
3. There are no mortgages, judgments, liens, easements, contracts or agreements affecting
the use and development of the subject real property or that could conflict with the approvals requested
for the property.
4.
Application.
The owners are entitled to use the land for the residential purposes set forth in this
5. There is legal access to the subject real via Aspen Glo, a private right of way.
Y. NEILEY, JR.
STATE OF COLORADO
COLINTY OF GARFIELD
)
)
)
ss.
The foregoing Certificate of Ownership was acknowledged and signed before me this
'r r&L,) day of
May,20l9, by RICHARD Y. NEILEY, JR.
WITNESS my hand and official seal
My commission expires:)_
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880939 OAl1l l?O16 1 1 '33:36 AM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee. $1 1.00 Doc Fee: $340.00 eRecorded
c Fee
740,
g
WARRANTY DEED
THIS DEED, madc this znd dty ofAugùst' 2016, betwe€Nl
D.{VID B. IIOPCROFT ÀND JILL H. HOPCROF'T
whose address is, , , GRANTOR(S), and
TTIOMAS C. TIIOMPSON AND KAREN P. THOMPSON . H¿^ .,
whoseaddressis,,, GRANTEE(S): i I I 3 R oky l\ìwer RJ,¡Ho-l+"n,TX'/7U9b
WITNESS, that the grantor(s), for and Ìn considmtion of the sum of THREE MILLION FOUR HUNDRED
THOUSAND AND 00/100 DOLLARS ($3100,000.00), the receipt md mfñciacy of which is hereby ack¡owlcdgod,
has grantcd, bargained, sold and eonveyed, and by these presents does granq bargain, sell, convey and confirm unto ihc
grante€s, grantee's heirs md æsigns forevr, not in tffincy ìn comon bui IN JOINT TENANCY, all the real
profrerty, together with improvements, ifany, situate, lying and being in the County ofGarfield and Stotc ofColor¡do,
described as follows:
Lot D7,
AMnNDED PLAT OF LOT D7, ASPEN GLEN fILING NO. 1, according to the Plat thereof filed
Junè t7, 1997, rt Rcception No. 509681-
also knom by stret and numbs æ: 84 Alpen Clo, Carbondale' CO 81623
TOGETHER wíih all ond singulù the herôditalnerts and appurterianc6 thtrcunto belonging, or in anywise
appurtaining, and the rcvcrsion and reversions, remaindef and t€tìiâinders, rffts, isss ând profits thcreof, end âll thê
cstate, rÍght, titl€, intÊr€st, claim and dc¡nand whatsowc of thc grantor, either in law or equity, of, in and to the abovc
bargaincd premises, with the hereditmmts ånd appurtenances;
TO HAVE AND TO HOLD rhe sid premiscs abovc bargained and desøibcd, witll the appurtenanôes, unto the
g¡antec, $ânte¿'s heirs and æsigns forwa. The gmnto¡ for the grantor, grantot's hêirs, and p€rsonal tepre€enlatives,
does covenant, gfållt, baryaín and agree to and with the grantee, granteds heirs and assi€¡s, thât at the tíme ofthè
cnsealing and dslivery of thcsc prcsants, grantor is well seiz¡d ofthe prernises above cmveyed, has good" surë' porfect,
absoluts and indefeasiblc ætate of inleritance, in law, in feo simplg and hâs good right, firll powcr and lawful
authority to grant, bargain, sell md convey the same in manns ãnd form æ aforcsaid, and that ùe same are ftee md
clear fiorn all former and othc¡ grants, bargains, sales, liens, tües, as€sffients, mcumbmnoes and rêshictions of
whatever kind or nature sow€(, except general taxes fof tho currctrt and subsequent yean, and çx.c€pt easements'
covenânß, conditions, resFictions, resemtions, and rigtrts of way of record, if any.
The grantor shall and will \ilARRANT AND FORDVER DEFEND the above-bargained premises in the guiet and
peaceable possession of the grantæs, gretcds heiß ånd âssigns, against all and every peison or penons lawftlly
claiming the wholc ôr àny part ther€of.
The singular number shall include the pluml, the pluml the singular, and the use of aoy gender sball be appliøblc to a1l
gøders.
the wemted tÌ¡ìs deed on the date set forth âbova
State of
County of
The foregoing wâ9 subscribed and swom to before me
by Dâvld B.Hopcroftsnd
My Commission
Noøry
day of
MY Cúln'ñ,tlSSlÔN
SUSAN HASS
NOTARY
EXHIBIT
Atño5og
Gmpw \{mm DrÐ - JoNr TINN
ffiI'Jg*to"no""09Oss13
890441 0312212017 04:24:35 PM Page 1 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $15.00 eRecorded
Documentary Fee 15.00
WARRANTY DEED
THIS DEED, made this 14 day of March, 2017,
Between DAVID G, BEHRHORST and JOHN W' REESE
of the County of PlTKlN, State of COLORADO, GRANTOR,
AND TFIOMAS C. THQMPSON ANd KAREN P. THOMPSON, GRANTEE
whose legaladdress is : 1113 ROCKY RIVER ROAD' HOUSTON' TX 77050
of the County of HARRIS, State of TÐ(AS
WITNESSETH, That for and in consideration of the sum of ten dollars and other good ar¡d valuable consideration,
the receipt and sufficiency of whir:h is hereby acknowledged. tñe grantor has granted, bargained, sold ând
conveyeil, and by these presents does grant, bargain, sell ând convey and confirm qnto thg gra_nlee, their heirs
and aèsigns forever, nol in tenancy in common but in jcÍnt tenancy, w¡th right of survivorship, all fiê reâl property
togettpf with improvements, if any, situate and lying and being ín the County of GARFIELD, State of ÇOLORADO,
descriÞed as follows:
LOT DE,
ASPEN GLEN, FILING NO. 1, accord¡ng to üìe platthereof recorded April 6, 1995 as Rêception No. 47633Û.
TOGETHER with all and singular the heredit¿ments ¿¡nd âppurtenänces therêto belonging, or in anywise
app+rtaining, and the revErsion and reversions, rernainders, rants, issues,and profits fteçlt and añ the estate,
nbirt, tiUe, inÞrest, cleim ånd demand whaEoever of the grantor efler i1 þw o1_e11'tyL glin and lo the abdve
bãrgained premises, wift the hereditaments and appurtÊnances. TO HAVE AND TO HOLD the sãki premises
abole barjained and desc¡íbed, with the appurtônences, unto lhe grântee, their heirs and assigns brever. And
the Grantdr, for himsell his heirs eñd âss¡gns, does covenanl granl begain, and agree to and with the Grantea,
their heirs and assigm, lhat at the time of tlre ensealirg and delivery of these pÍesents, he is well seiæd of the
piã.ir"r
"¡"vÀ
coñv"V*¿, hae good, sure, perfËct, abso¡ute and irtdefeasible estate of inheritance, in larrv, in lee
limpte, and häs good right full pønrer and lawful authori$ to grant, bqlgain, sell and cÐnvey tp saqe in manne¡
anO ¡orm as aforesaii, ãnd that the sam6 afe f¡ee and dear from all fofmer and other grants, bargains, sales,
liens, taxes, assessrnents, encumbrancts and restistiors of whatever kind or nature soever, exceptthoss
m¿¡ttÊrs a$ set forfi on Efribit "A" âttâched lereb and incorporated herein by reference- The grantor shâll and w¡ll
WARRANT AND FOREVER DEFEND the abor¡e bargalned prêm¡ses in the quiet and peaceabla possession of
person or persons lawfully claiming the wtolÊ or any
the plural the singula¡ and the use of gender shall be
lN WITNESS WHEREOF the grantor has executed tfiis deed on the date set forth ebove.
SIGNATURES ON PAGE 2
the grantee, their heirs and assigns' agairnt all and every
part thereof. The singular numÞer shall include the plural'
appli:able to afl genders.
EXHIBIT
B
Ir0ıod
Page 1
890441 0312212017 04.24.35 PM Page 2 af 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $15.00 eRecorded
G.
by DAVID G. BEHRHORST.
WTNESS my hand and official seal
SIGNATURE PAGE TO WARRANTY DEED TO JOINTTENANTS
Page 2
STATEOF COLORADO )
COUNTYOF PITKIN i
^dThe foregoing instrumentr¡¡ae âcknowledged beþre me ttris åä day of Ma¡eh,2}17,
my commission expires:
STATEOF COLORADO
COUNTYOF PITKIN
The froregoing ¡nsüument\^las aeknodedged before mo this
þy JOHN W. REESE,
WITNESS my hand and official seal
my commission expires:
PCT24981W
s,
ELrc
OF ÀDê
I
Public
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89A441 0312212017 04:24:35 PM Page 3 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $15.00 eRecorded
ËXHIBIT'A'
1 . ïaxes for the year 2017, and subsequent years, not yet due or payaÞle.
2. Right of the proprietor of a vein or lode to extrâct and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals consùucted by the
authority of the United States as reserved in United States Patent recorded April 1'1, 1892 in EoqK.'!2 at Paoe 133
and April 15, '1892 in Book 12 at Paqe 135.
3. An undivided on+fourth ¡nterêst in and to alf oil, gas end other minerals ín the subject lands, as rese¡ved by Louis
P. Chuc in Warranty Deed recorded Deæmber 26, 1958 in Book 314 at Paoe 160, and any and all assignments
thereof-
4. An undivided one.fourth interest in and to all oil, gas and oher minerals in the subject lands, as reserved by
Caesar J. Chuc in Warranty Deed recorded September2ö, 1961 ¡nBook 336 ât Paoe 570. and any and all
assignments thereof.
5. TÊrms, conditions, provisbns and oblþations as set forth in Agreements recorded April 12, 1992 in Book 827 at
Paoe 636 and recorded June 29, 1993 in Book 835 at Paqe 364.
ô. Terms, conditions, provisions, obligations and all matters as set foÍh in Resolutions of ttle Board of County
Commissioners of Garf¡eld County concerning the Aspen Glen Planned Unit Development and olher maters,
recorded June 29, 1992 h Book 835 êl PaqÊj$-ë as Resolution No. 92-056, recorded December2S, 1993 in@f
887 ât Pâoe 824 as Resolution No. 93-'121, reoorded February 2, '1994 in Book 891 at Paoc ô20 as Resolution
94-008, recorded August 9, 19û4 in Book 911 at Paae 791 as Resolution No. 94-089, ¡ecorded Deoember 13,
1994 in Bgqh.925 at P+oe 345 as Resolution No. 94-139, recorded January 17, 1995 inÞf,p!!|gt-@.¡!! as
Resolution No, 95-004, recorded May 9, 1996 in Book 977 at PaSe 399 as Resolution No. 96-26, recorded
February 9, 1996 in Bbok 966 at,Paqe ô82 as Resolution No. 96-06 and recorded February 9, 1996 in Book 966-at
Pæe 686 as Resolution No, 9&07 and August 24,1957 in Book 1030 at Paoe 722
7 , Tèrms, conditions, prov¡slôns and obllgatþns ês sËt forth ln Agrêements among Union Oil Compâny of California.
Aspen GÞn Golf Partners, Ltd., and the Aspen Glen Sanitation District reco¡ded August 19, 1994 in Book 912 at
Egq@,and recorded August 19, 'l994ln Book 912 ât Pâoe 973.
8. Easements, rights of way and all maüers as disclosed on Pht of suÞject property recorded April 6, 199ö as
Receotion No.476330.
9. Terms, conditions, provisions and obligatlons as setforth in DeclaraUon of Golf Facilltles Developmen[
Construction and Operational Easement recorded April 6, 1995 ln Book 936 al Paqe 3i4.
10. hose terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth
in Protective Covenants for Aspen Glen Planned Unit Development recorded Ap¡il 6, 1995 in Book 936 at Page
llQand in fie First Supplemental Declaration recorded July 15, 1997 in Fook 1026 at PFoe.161.Second
SuppÞmentâl Dedâration recorded November 26, 1Ð97 ínEooL1043 ât Paoe 850. Th¡rd Supplementa¡
Declaration recorded February 10, 1 998 ín EooLl 053 at Pqge E. Fourth Supplementaf Declaraüon recorded
Februâry 10, 199E in-@l(1053 a!_PgSCSg Fiftlt Supplemental Declarätlon recordecl May 1, 1998ln.Book 1065
at Paoe 800. Sixth Supplemental Deolaration recorded \nay 22,1998 in 4ook 1069 aÈ Paoe 58. Seventh
Supplemental Declaration recorded August24, 1998 in Bookj984 at Paoe 9a3, Eighth Supplemental Declaration
recorded CIctober26, 1998 inEpsEl!$¡þLeAgCll¿ Ninth Supplemental Declaration recorded August 17, 1999
in Ëook -1149,at Paoe.680: Tenth Supplemental Declaration recoftled NovemÞe¡ 19, 1999 in Book 1161 ãt Paoe
!!!, Eleventh Supplemental Decla¡atjon recorded September23, 1999 in@!-¡|l-ã!_a! fAç.¡$[and Twelfth
Supplemental Declaration recorded December 14, 1999 in Book 1164 at Paoe 755 and Thirteenth Supplemental
Declaration recorded July 17, 2000 in Book 1197 at Paoe 740, ând Fourteenth Supplemental Declerâtion rêcorded
May 8, 2003 in @k 1467 alPagg-glg and Fifreenth Supplemental Declaration recorded December 2l, 2004 in
Book 16€ at Paqe 891 deleting therefrom any restrictions indicating any preference, lim¡tat¡on or discrimination
based on race, color, religion, sex, handicap, familial status. or national origin-
11. Terms, conditions, provisions ârd oþligations as set forth in Subdivider's Agreement recorded April 6, 1995 in
Book 939.eJ P"qqe 444 and as amended July 1 1 , 1 996 recorded in Book 984 at Paoe 697,
890441 0312212017 04.24.35 PM Page 4 of 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $15.00 eRecorded
12. Easement and right of way as set forth in instrument recorded April 6, 1995 in Book 936 at Paoe 458 and
Amendment No. 1 to Agreement recorded November 7 , 2t02 in Book 1404 ,at Paqe 604-
19. Tefms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement recorded
December 1, 1g9s in-Egqf,'¡]¡!þ¡-Pe99-9€9.
14. Terms, conditions, provisions and obligations and agreements as sêt forth in Special Warranty Deed and Grant of
Easemant recorded December 31, 1996 in@at-PAge.2æ.
15- Easemenb, rights of way and all matters as disclosed on Plat of subjeôt propsrty fecorded April 23, 1997 âs
Receotion No.507376.
16. Terms, condithns, provisions, oblþat¡ons and all maüers as sEt fotlh in Resolution of the Board of Cgunty
Çommissioners Er Garfield County, Colorado recorded April 16, 1997 in@B-1q!5-aleggF-.]Ê!J.as Resolution
No. 97-38.
17. Terms, cqnditions, provisions, oblþations and all maüers as set forth in Resolution of the Board of County
Commissioners for Garfield County, Colorado recorded October 13, 1998 in Book 1092 at Peqe ZST âs Resolution
No.98€8.
18. Terms,'conditions, provisions, obligations, eesemenlg, resbiclions and assessments as set li¡rth ín the fully
amended and restâted Amended Declaration of Covenantg, Conditions and Restrictions for Aspen Glen recorded
March 23, 2097 as!eçepllq!-!!q!!.981¿ deleting therefrom any restictions indieting anypreferenæ, limilation
or discrlmination base<l on race, color, religion, sex, handicap, iamilial status or national origln.
1g. Terms, conditions, provisions, obligatioris and all matters as set forth ¡n thÊ AmêndÊd By-La'¡vs of ThE
Homeowners Association atAspen Glen recorded March 23, 2007 asBgceptlq-NSJ1E!-lI
EXHIBIT 3
(Amended)
FPAA-O5-19-8730
Garfield County Land Explorer
Paruel Plrysical AdrJress Account
Num
Mailing Address0wnet'
23952A404010 49ALPEN GLO LN
CARBONDALE
CARNISH, THOMAS & CAROL
GRAF
239320300385 Notavailable
CARBONDALE
239320404909 6TALPEN GLO LN
CARBONDALE
ASPEN GLEN GOLF CLUB
MANAGEMENT COMPANY
BRAMLET, DEAN A & KIENLE,
JANE E
PO BOX79OB3O SAN
ANTONIO, TX 78279
2027 BRIGHTWATERS
BLVD NE SAINT
PETERSBURG, FL 33704
245 SNOWCAP CIRCLE
UNIT B CARBONDALE CO
81623-9272
PO BOX213O7 HILTON
HEAD ISLAND, SC 29925
7930 SW 't55TH ST
PALMETTO BAY, FL 33-I57.
2322
PO BOX9354 FRESNO,CA
93791-9354
R8301 92
R830053
R830054
R005965
R830048
R830050
239329102030 Not available
CARBONDALE
239329104004 36ALPEN GLO LN
CARBONDALE
239329104006 80 ALPEN GLO
CARBONDALE
239329104007 S4ALPEN GLo
CARBONDALE
239329104008 TTALPEN GLO LN
CARBONDALE
239329104100 62ALPEN GLO LN
#A CARBONDALE
239329104101 62ALPEN GLO LN
#B CARBONDALE
ROW Not available null
CORYELL RANCH COMPANY,
LLC
BOWERS, DOLORES A
GOSSFTTE, GUS & JUDITH A AS
TRUSTEES OF THE FAMILY REV
TRUST UTD O7l1 1l2OOO
THOMPSON,THOMAS C &
KAREN P
THOMPSON, THOMAS C &
KAREN P
BEARD, THE D KAREN
REVOCABLE TRUST DATED O4Ol
1/1993
FRUEHAUF, WELLING W
1 113 ROCKY RIVEB ROAD
HOUSTON, TX 77056
1113 ROCKY RIVER ROAD
HOUSTON, TX 77056
9I20 DOUBLE DIAMOND
PKWY#G277 BENO,NV
8952'l
1324VlA PORTOFTNO
NAPLEg FL 34108
R830051
R830052
R8301 96
R8301 97
Garfield County Land Explorer
Parcel Physical Address Account
Num
Mailínq AddressOwner
23932A4A4012 255 SNOWCAP CIR
CARBONDALE
2393204A4102 245 SNOWCAP CIR
#A CARBONDALE
ROBINSON, KENNETH A &
MARTHA A
BRAMLEIDEANA&KIENLE
JANE E
239320300385 Notavailable
CARBONDALE
239320404009 67 ALPEN GLO LN
CARBONDALE
23932A404010 49ALPEN GLo LN
CARBONDALE
ASPEN GLEN GOLF CLUB
MANAGEMENT COMPANY
BRAMLEIDEANA&KIENLE
JANE E
CARNISH, THOMAS & CAROL
GRAF
PO BOX79O83O SAN
ANToNtO, TX78279
2027 BRIGHTWATERS
BLVD NE SAINT
PETERSBURG, FL 33704
245 SNOWCAP CIRCLE
UNIT B CARBONDALE CO
81623-9272
255 SNOWCAP CIRCLE
CARBONDALE, CO 8] 623
2027 BBIGHTWATERS
BLVD NE SAINT
PETERSBURG,FLæ744
245 SNOWCAP CIRCLE
UN¡T B CARBONDALE, CO
81 623
PO BOX4010 BASALï CO
81 621
7930 SW 1 55TH ST
PALMETTO BAT FL 33'I57-
2322
PO BOX9354 FRESNO,CA
93791-9354
1113 BOCKY RIVER ROAD
HOUSïoN, TX 77056
1 I I3 RCICKY RIVER ROAD
HOUSTON, TX 77056
9120 DOUBLE DIAMOND
PKWY#G277 RENO, NV
89521
1324 VIA PORTOFINO
NAPLES, FL 341 08
R8301 92
R830053
R830054
R830056
R8301 98
R8301 99
R083362
8830048
R830050
R830051
R830052
R8301 96
R8301 97
239320404103 245 SNOWCAP CIR
#B CABBONDALE
CARNISH, THOMAS & CAROL
GRAF
23932O4Q41 1 6 289 SWEETGRASS
DR CARBONDALE
239329r04004 36ALPEN GLO LN
CARBONDALE
BLACK HORSE LLC
BOWERS, DOLORES A
239329104006 80 ALPEN GLO
CARBONDALE
239329104CI07 84 ALPEN GLO
CARBONDALE
239329104008 77 ALPEN GLO LN
CABBONDALE
239329104]OO 62 ALPEN GLO LN
#A CABBONDALE
239329104101 62ALPEN GLO LN
#B CARBONDALE
ROW Not available null
COSSETTE, GUS &JUDITH A AS
TRUSTEES OF THE FAMILY REV
TRUST UTDOT/11I2OOO
THOMPSON, THOMAS C &
KAREN P
THOMPSON, THOMAS C &
KAREN P
BEARD, THE D KAREN
REVOCABLE TRUST DATED O4O/
1/1993
FRUEHAUF, WELLING W
E,XHIBIT 4
CERTIFICATION REGARDING MINERAL RIGHTS
The undersigned, Richard Y. Neiley, Jr., an attomey licensed to practice law in the State of
Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows:
1. The owners of the real property located at Lot D7, Aspen Glen Filing No. 1, as
described in the Warranty Deed appended as Exhibit A to the Certification of Ownership submitted with
this Application, Garfield County, Colorado, are Thomas C. Thompson and Karen P. Thompson, 1113
Rocþ River Road, Houston, Texas 77056.
2. The owners of the real property located at Lot D8, Aspen Glen Filing No. 1, as
described in the Warranty Deed appended as Exhibit B to the Certification of Owne¡ship submitted with
this Application, Garfield County, Colorado, are Thomas C. Thompson and Karen P. Thompson, 1113
Rocþ River Road, Houston, Texas 77056.
3. The Warranty Deed covering Lot D8 reveals two reservations of mineral interests: an
undivided one-fourth interest in and to all oil, gas, and other minerals in the subject lands, as reserved by
Louis P. Chuc (Leonis P. Chuc) in Warranty Deed recorded December 26, 1958 in Book 314 at Page 160;
and an undivided one-fourth interest in and to all oil, gas, and other minerals in the subject lands, as
reserved by Caesar J. Chuc in Warranty Deed recorded September 26,1967 in Book 336 atPage 570.
4. I have examined the real estate records of Garfield County as maintained by the Garfield
County Clerk & Recorder. Those records do not reveal any assignment or other conveyance of the
reserved fractional mineral interests
5. I have also attempted to locate addresses for Louis P. Chuc or Leonis P. Chuc and Caesar
J. Chuc in public records and online data bases but have been unable to find any addresses for those
individuals. The Garfield County Clerk and Recorder's records establish that Caesar J. Chuc died in
1989. According to published reports, Leonis P. Chuc died
6. To the extent that the fractional minerals may be owned by any third party, the
mincral intcrcsts.requested plat amendment does not impair or othcrwisc
Y. NEILEY, JR.
STATE OF COLORADO
COTINTY OF GARFIELD
ss.
)
)
)
The foregoing Certificate of Ownership was acknowledged and signed before me this
2¿J dayof
May,2019, by RICHARD Y. NEILEY, JR.
WITNESS my hand and official seal.
My commission expires &t¿"rt.. I
AI{DREA -'O CROI.|SE
NOTARY FUBLIC
S]*ATE OF COI.ORADO
r.¡oTARY tD #201 84009E74
Cornrnigs¡on Marû 1,2m2
À¡ u-
EXHIBIT 5
THOMAS C. THOMPSON and KAREN P. THOMPSON
t1l3 Rocþ River Road
Houston, Texas 77056
November 28,2Aß
Garfield County Community Development
108 Eighth Street, Suite 303
Glenwood Springs, Colorado 81601
Re:, Lots D7 and D8, Aspen Glen, Filing No, I
State of Colorado - Parcel ID Nos. 2393-291-04-007 and 2393-291 -04-008
Dear Sir/Madam
Please accept this letter as authorization for Richard Y. Neiley, Jr. and the Neiley Law
Firm, LLC to represent Thomas C. Thompson and Karen P. Thompson in connection with an
application to Garfield County for a Final Plat Amendment for the above-referenced properly to
vacate a boundary line bçtween the two lots,
Thomas C.Karen P. Thompson
EXIIIBIT 6
Communify Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-82r2
rg-r.l¡¡sg*:ii*ld--gsq#f q,euq
TAX PARCEL NUMBER: 2393-291-04-0A8 &2393-2Y-A4-007 D^ATE: 1122119
PROJECT: Aspen Glen Filing No. 1, Lots D8 and D7 Amended PIat to Combine Lots
OWNERS: Thomas C. and Karen P. Thompson (per Assessor's Office Records)
SURVEYOR: Tuttle Surveying Seruices
PRACTICAL LOGATION: 77 Aspen GIen Lane, Carbondale CO 81623
TYPE OF APPLICATION: Amended Final Plat
ZONING: Aspen Glen PUD
é-;...---::-:
I. GENERAL PROJECT DESCRIPTION
The Applicant plans to request approval to dissolve the lot line between Lots D7 and D8
effectively merging the two properties. The properties are in the same ownership and a
draft plat has been prepared. The amended plat will need to address potential changes to
easements on the properties and changes to the building envelopes. Review and input
from the Aspen Glen HOA will also be of assistance as the application is processed. The
amended plat will need to meet all Land Use and Development Gode and survey
requirements for Final Plats
II, REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code'as amended apply
to the proposed Application:
PRE-APPLICATION
CONFERENCE SUMMARY
Final PIat
Þ Section 4-103 Administrative Review and Section 4-ß1 Common Review
Procedures
III. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. The listing can function as a checklist for your submittal,
tr General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form.
tr A narrative describing the request and related information,
! Proof of Ownership (title work or copy of a deed) and information on any lien
holders.
! lf the property is owned by an LLC or Trust a signed and recorded Statement of
Authority is needed to document the authority of the signatory in regard to the
Application and any authorization to represent.
! Names and.rnailing addresses of propêrty ôwñérs within 2A0 ft. of the sub;ect
property.
¡ Mineral rights ownership for the subject property including mailing address.D lf owner intends to have a representative complete the Application and processing
then an authorization leiter is needed.
r Copy of the Preapplication Summary needs to be submitted with the Application.¡ The Proposed Plat showíng the existing and proposed building envelope lines. All
easements and any changes shall be shown and labelled.n All required certificates (signature blocks) shall be included on the plat.
¡ As there are improvements on the property improvement locatlon information/survey
shall be required to confirm that the revisíon to the Iots and building envelopes will
result in a conforming setbacks.
! A Vicinity Map for ule in the required public notice is needed. The vicinity map
should include that area withín approximately 3 miles of the proposal and be on an
8Y"" x 11 " format to allow attachment to the public notice.
! The Application should include a waiver request from submittal of an lmprovements
Agreement. Reference to the waiver criteria in Section 4-118 should be included.tr A waiver. from submittal of the entire Covenants for the PUD may be requested
however the Application needs io include a copy of the relevant zdning from the
PUD Guide
n The Application should include a representation that the amendment will not result in
any changes to drainage, access, utility services, and any other applicable
Subdivision and AdÍcle 7 topics.
ü Copies of the Homeowners Association Review of the request if available at the time
of submittal should also be provided.
(
¡ Any other supporting information indicating that the change is consistent with the
PUD approvals, and is consistent with PUD provisions such as view plane
protection.
IV. REVIEW PROCESS
The review process shall following the steps contained in Table 5-103 and Section 4-103
for an Amended Final Plat and Administrative Review summarized as follows;
Þ Pre-application meeting.
copy needs to use a PDF format.
Þ Additional submittals íf needed.
ft. and mineral rights owners on the subject property.
plat as a consent agenda item and recordíng the amended plat.
Public Hearing(s)X No Public Hearing, Directors Decision (with notice per code)
_ Planning Commission
_Board of Couhty Commissioners
_ Board of Adjustment
Referral Agencies:May include but is not limiied to: Garfield County Surveyor,
Garfield County Attorney, Ganield County Building Department,
Aspen Glen Homeowners Association.
V. APPLICATION REVIEW FEES
Planning Review Fees:,
ReferralAgency Fees;
Total Deposit;
$1 0o
$na
$1 00 (additÍonal hours are billed at hourly rate of $40.50)
VI. GENERALAPPLICATIONPROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right. The sumrnary is valid for a six month period, after which an update
shãuld be requesfud. The Applicant is advised that the Application submittal once acbepted
by the County becomes public information and will be available (íncluding electronically) for
review by the public. Proprietary information can be redacted from documents prior to
submittal,
Pre-appljçFtign Summarv Prq.pared þv;
GÍen n Hartmann,Principal P nner
I
EXHIBIT 7
Legend A? 84 Atpen "trff¡ Circle MeasdlJVicinity Map 84Alpen GloCarbondale CO
EXIIIBIT 8
ASPEN GLEN
Homeowners Association at Aspen Glenr Inc.
Apnl24,2019
Ms. Tricia Parish
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
viq email
Re: Referral for the Proposed Amended Plat for Lot D-7 /77 Alpen Glo & D-8
Dear Tricia,
This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed
the proposed plat amendment to combine Lots D-7 (77 Alpen Glo) & D-8 into one lot
and remove the building envelope on lot D-8. The DRC reviewed the plat amendment at
the April 17,2019 regular meeting.
The DRC recommends approval to the Garfield County Board of County Commissroners
with the following conditions:
1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC.
2. The DRC has only approved the lot tie and removal of the D-8 building envelope.
There are no further improvements to the property.
Reference: Lot D-7 & D-8 Improvement Survey Plat dated 4ll5ll9.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Deborah Prince, Administrator
Aspen Glen Design Review Committee
Cc: DRC
Ms. Sarah Jeffcoat
Mr. NickNeiley, Esquire
0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362
E m ai I : dp rince@asp en gl enho a. c om