The URL can be used to link to this page

Home My WebLink About05. CorrespondenceOLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW Edward B. Olszewski Melody D. Massih Amanda N. Maurer Website: www.omn1nc.conI Kelly Cave, Esq. Assistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 81601 P.O.Box 916 1204 GRAND AVENUE GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.928.9100 FACSIMILE: 970.928.9600 May 2, 2019 Glenn Hartmann, Principal Planner Garfield County Dept. of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MEEKER OFI'ICe •685 MAIN STREET, SUITE 6 MEEKER, CO 81641 ADDRESS ALL CORRESPONDENCE TO: PO.Box 916 GLENWOOD SPRINGS, CO 81602 VIA EMAIL ONLY TO: kcave(c garfield-county.com, ghartmann�]a,garlield-county.com RE: Jolley, 4J, LLC Basic Correction Exemption Application (BCEA-03-19-8723) and Amended Final Plat Huber Subdivision Exemption (FEXA-03-19-8722) Dear Kelly and Glenn: Thank you for meeting with my client Brett Jolley and I today regarding the referenced pending land use applications. Per our discussion, I am requesting review by Kelly Cave, Assistant Garfield County Attorney, to determine application Parcel 1, known as Garfield County Account R013105, Parcel 212525200074, 1795 and 2027 County Road 245, New Castle, Colorado (herein "Parcel 1") is exempt pursuant to C.R.S. 30-28-101(c)(II) and (III) from the definition of "subdivision" and "subdivided land" set forth in C.R.S. 30-28-101(10)(a). It is my understanding that if Garfield County makes a determination the creation of Parcel 1 was pursuant to an exception under C.R.S. 30-28-101(c), then Brett and Jeanne Jolley and 4J, LLC can withdraw the Basic Correction Exemption Application (BCEA-03-19-8723) and proceed with the Amended Final Plat Huber Subdivision Exemption (FEXA-03-19-8722) and subsequent Boundary Line Adjustment requests, with the additional submittal requirements outlined in Glenn Hartmann's Completeness Review letter dated April 22, 2019 and discussed today. This will include addressing any other prior subdivision exemptions granted on the properties affected by the proposed Amended Final Plat. Applicants request Garfield County recognize Parcel 1 was not created by illegal subdivision, but instead was created pursuant to C.R.S. 30-28-101(c)(II) and/or (III) through both OLSZEWSKI, MASSIH & MAURER, P.C. Kelly Cave and Glenn Hartmann Garfield County Attorney and Community Development May 2, 2019 Page 2 of 3 a Garfield County, Colorado District Court order and through a mortgage and partial release of security instrument approved by the court. Casey Lawrence in the Garfield County Assessor's office provided the following summary of his research via email to me on August 21, 2018, as follows: I) Reception No. 260235 (Warranty Deed) — Sydney & Rhoda Miller take title to the EI/2NW1/4, SWI/4NW1/4 & NE1/4SW1/4 (aliquot parcel to which the presumed acreage is 160 Ac. +/-) from Karl O. & Hazel R. Larson. It should be noted that this conveyance is dated 10/2/1973 and recorded the 10/4/1973, which indicates that the legal description in question (R013105 as i1 lies today) was truly part of a much larger 35+ Ac. parcel as of the year 1973. 2) Reception No. 279427 (Notice of Lis Pendens) — The First National Bank of Glenwood Springs files a notice of lis pendens with the District Court for the purpose of foreclosing on that same legal description the Miller's took title to per Warranty Deed rec. no. 279427 (in addition to other lands unrelated to the scope of this parcel review). 3) Reception No. 285608 (Partial Release of Mortgage) — This document is listed because it is releasing a portion of the land identified per rec. no. 274161 (same aliquot legal that the Miller's took title to per Warranty Deed rec. no. 279427, in addition to other lands unrelated to the scope of this parcel review) and it is the first time, to the extent of my substantial research, that 1 have seen the present-day legal description of the parcel appear on a recorded document. 4) Reception No. 285609 (Quitclaim Deed) — First National Bank of Glenwood Springs quits claim of the legal description listed in rec. no. 285608 to Sidney Miller. (I am unsure exactly why this quitclaim deed was created as I was unable to find any conveying document that conveyed this legal description to said bank). 5) Reception No. 285610 (Warranty Deed) — Sidney Miller conveys to Robert N. & Naomi Mayo, that parcel o f land described per rec. nos. 285608 & 285609. This document, from what 1 was able to uncover throughout my research/review, is the document that split out and created schedule no. R013105, and given that this conveyance is post -1973 (deed dated 5/17/1978) said conveyance is in violation of Garfield County's Land Use and Development Code. For the most part, I agree with Casey's summary of the recorded documents. I would clarify the bank noted its intention to partially release its mortgage in 285608, deeded the released parcel to Sidney Miller in 285609, and by these documents created clear title for Sidney Miller to convey the released parcel to Robert and Naomi Mayo in 285610. It was my understanding after receiving Casey's email on August 21, 2018 that he had already conferred with Kelly in the Garfield County Attorney's Office regarding this issue, and the Garfield County Attorney's Office was taking the position that the lot was an illegal subdivision. Kelly clarified today that she had not reviewed the specific matter in detail and invited applicants to seek review from the Garfield County Attorney's Office to determine Parcel 1 was not a subdivision pursuant to C.R.S. 30-28-101(10)(a) because it OLSZEWSKI, MASSIH & MAURER, P.C. Kelly Cave and Glenn Hartmann Garfield County Attorney and Community Development May 2, 2019 Page 3 oF3 fits within exceptions listed in C.R.S. 30-28-101(10)(c). We discussed the Notice of Lis Pendens recorded at Reception No. 279427 for Garfield County, Colorado District Court Civil Action No. 8787 filed July 7, 1977 and the subsequent order of the District Court dated July 7, 1978 vacating the trial on the foreclosure action filed as Civil Action No. 8787 by Plaintiff First National Bank of Glenwood Springs against Defendants Sidney Miller, et al, and approving the Stipulation to Vacate Trial Setting filed June 14, 1978 and Agreement of the parties dated May 12, 1978 attached thereto. Copies of the pleadings in Civil Action 8787 are attached to this correspondence and request for review. The Agreement of the parties dated May 12, 1978 described the Plaintiff bank's agreement to release Parcel 1 from its mortgage being foreclosed upon in Civil Action No. 8787 to Sidney Miller (see attached Rec. Nos. 285608 and 285609), Sidney Miller was then required to sell and convey Parcel 1 to Robert N. Mayo and Naomi Mayo (see attached Rec. No. 285610) in order to obtain funds to cure the mortgage in default and have the foreclosure action dismissed. As stated above, the District Court approved the Agreement and dismissed the trial setting per its July 7, 1978 order. Civil Action No. 8787 was dismissed in its entirety by the District Court after after the parties filed a Stipulation of Dismissal March 28, 1978. I have attached the referenced deeds and related documents recorded at Reception Nos. 260235, 279427, 285608, 285609 and 285610 and the pleadings in Civil Action No. 8787. Please note the original security instrument is attached to Plaintiffs Complaint, and this security instrument was partially released to cure the bank's foreclosure. Such release and cure was subsequently approved by the court. In sum, applicants request a determination Parcel 1 was not a subdivision in violation of the Garfield County land use code because Parcel 1 was created pursuant to exemptions outlined in C.R.S. 30-28-101(c)(II) and (I11). Please contact me with questions or if you need any additional information. Very truly yours, OLSZEWSKI, MASSIH & MAURER, P.C. Gi,,....„,.._. 72. By: Amanda N. Maurer Attachments cc: Casey Lawrence, Garfield County Assessor (via email) Brett Jolley, Jeanne Jolley and 4J, LLC, Applicants (via email)