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HomeMy WebLinkAbout1.0 Application. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www,ga rfield-countv.com TYPE OF SUBDIVISION/EXEMPTION rn Minor Subdivision n Major Subdivision El SketchnPreliminarynFinal Q Conservation Subdivision Yield niSketch nPreliminary=Final Time Extension DIVISIONS OF LAND APPLICATION FORM 0 Preliminary Plan Amendment 71 Final Plat Amendment Common Interest Community Subdivision [ 1 Public/County Road Split Exemption Rural Land Development Exemption n Basic Correction Exemption INVOLVED PARTIES Owner/Applicant 1- s. t Name: Michael Ferran- (Mita Properties, LLC) Phone: (970 )456-1166 Mailing Address: 0476 JB GONtY Cc City: Glenwood Springs State: CO Zip Code: 81601 Email: Ifergen@cccgws.com Representative (Authorization Required) Name: Donald Scarrow Phone: (970 )945-8664 Mailing Address: 818 Colorado Avenue #105 City: Glenwood Springs State: CO Zip Code: 81601 E-mail: sandw@sopris.net PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: 2 1 g 6- Q 5 - 0 U- 0 Physical/Street Address: J C'e /- Legal Legal Description: L ee /~ , _544 di t., S i Ci L c# 1 ✓/ 1 - Id►, . 7-7 Zone District: en y>, r r r r. f Imo,-' i' vet_ 1 LG.YI 1)i/1/ r� Property Size (acres): 1, S'/ e 11 Project Description Existing Use: Commercial General Proposed Use (From Use Table 3-403): Commercial General Description of Project: To create a amended plat of Lot 3 of the Subdivision Exemption Martin Subdivision Plat. To create a boundary line adjustment between said Lot 3 and the property north and adjacent to said lot 3 adding a 0.593 +/- acre parcel of that property north and adjacent to said Lot 34e-Eet4. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial One One 1.54 +/- Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. :/y-yez• C17// Signature of Prop Owner Date OFFICIAL USE ONLY File Number: Fee Paid: $ reGarfield County Community Development Department 108 gth Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION ❑ Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR ['MIR ❑ SUP ❑ Minor Temporary Housing Facility ❑ Vacation of a County Road/Public ROW ❑ Location and Extent Review ❑ Comprehensive Plan Amendment ❑ Pipeline Development ❑ Time Extension (also check type of origin ❑ Development in 100 -Year Floodplain ❑ Development in 100 -Year Floodplain Variance ❑ Code Text Amendment El, Rezoning [Zone District❑ PUDE' PUD Amendment ❑ Administrative Interpretation ❑ Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act ❑ Variance al application) INVOLVED PARTIES Owner/Applicant Name: //'', // tib' f r c/71fr1 14 ear UQlhone: ( LO j 02/7(0 3-13 �'cr�crt Mailing Address: City: 74-1•1 ►).: is n rt i i ry 5 V E-mail: LF�� ,) �$ pi @-' e cc yL415 4156-1/66 State: ( 2 Zip Code: J/; Representative (Authorization Required) Name: i cr - c. / c/ SC c Y r6 Gt 1 Phone: ( 2 70) `7'IS -SZ, 6 y Mailing Address:r,j✓ �i 4 (.• / U3 City: �/ ��--) [ire, •n5 S State: (::'G Zip Code: j'/ 6 6J/ E-mail: S ct 2 c•'1 r- PROJECT NAME AND LOCATION Project Name: /A Pr_krY-1t'I � S1LLL/k .��.r� �Akiel tc� nG: � I��C� 7.z}],r 2/ 5- o - Q 5 Assessor's Parcel Number: Physical/Street Address: / .c 5' 7 C't:,6e t, T y �d n h 1 "3 G.) 6,-''ertivd o (-/ � r�1z� i (C) Legal Description: 2 3) S o Acl.'p•. S , Gr, E C pryf err,•, 1°I 1 S - GC b d, I/ ■ 51 �� Zone District: Property Size (acres): 6 6 Z PROJECT DESCRIPTION Existing Use: Rt,r_ '� f "- fct c a., Y► 7f" Lam,-rrx� Proposed Use (From Use Table 3-403): (G -fin as c/?c)/-ei''/ 5 -4' iv, 7-,15 e. x N myof Description of Project: pi -4, d i r.f. P /-19) s ir_ 5 r) j /r h . f Ir- J., k //-2, 12 c. p'.r""/ /lc •4.•1u, a-,-.- fnn/, r1 jr l'c'-V� i}l. REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. /e141/tee r f / i , r Signature of Property Owner Date OFFICIAL USE ONLY File Number:____-____ Fee Paid:$ Project Description and Reason The owner of Lot 3 of the Subdivision Exemption Martin Subdivision Plat (parcel No. 21850540008$)and the parcel north of and adjacent to said lot 3 wish to adjust the boundary line between their two properties. The boundary line adjustment would assist in the practical use of the commercial business, located on said Lot 3 and located along County Road 130. The residential property north of said Lot 3 has no practical access to the area which is being granted to the commercial property located on Lot 3. Further more the property to be conveyed to said Lot 3 will be rezoned from its current Residential classification to Commercial General to match the current classification of Lot 3. Improvement Agreement Waiver Request Peg -yen 1 MichaelArepresentative of Mila Properties, LLC, being the owners of Lot 3, of the Subdivision Exemption Martin Subdivision Plat hereby request a waiver of the Improvements Agreement as there is no plans for any improvements at this time. The Amended Final Plat and zone change will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and article 7 topics. Existing structures and conditions are shown on the Preliminary Amended Final Plat included in this application submittal. Date f M ~ t .r •• t 1' f s fd + ~ 2" 4,1 i ' ♦lab ti. y 'y • 1 t 1 { .� ■ , r; �.i r P r-, ��. 4',r 1 1 • i r 404 e • • i i {SKI *. -VVI s it P--' 3SS g sly= ,4,: l ;"M,re gy','�.i ��� � .�� rya:'; Vi:S E4in;q4I-' j•I!s li; 113 15 ns�', �s{5�z i sasE � IK. h4 81.c.1.,..4 __, z. Y .�-r lim.11 k ::_ } a Q's: ap a gg�� 1 ry 1 g. y ga R* ;t5, i '�, x yy i. "�n gyp' ]I-11 NI DaV001 101 AO 1'dld 1VNHH DIDNI' 0u) O )J 0 _1 117 Fl oz 0 a•. OE o ZJ [Tl O - P1 0 00 z0 P1 = • D P1 n o1 z I N0ISIA108(1S PRIPA E2 /17k AULY.44Z FERCEW 0976 ✓B Cozad Glenwood Springs, CO 81601 (970/ 945-82.1i5 L1K Ll, :lSf sneer no. 1 OF 1 narj rction of reHa(vm dale n SCARROW & WALKER INCORPORATED Registered Land Surveyors BIB Colorado Avenue Glenwood Springs, Colorado 81601 (970) 945-8064 Representations This project does not increase the number of lots. Does not relocate or add any roads and does not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. 4-113. Rezoning C. Review Criteria. 1. The property being added to Lot 3 would result in a logical and orderly development pattern and does not constitute spot zoning because Lot 3 is currently zoned commercial. 2. The area to be rezoned is not changing as it is attached to a parcel that is zoned commertial. 3. The area to be rezoned is attached to a commercial parcel and will be used along with said commercial property. 4. The property is in general conformance as it is bordered by and becoming a part of commercial property. In conclusion, the property being added to Lot 3 would assist in the practical use of the of the business, Climate Control which would benefit from the new lot area and better represent the goals of Climate Control. Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Mita Properties LLC , a limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is Mita Properties LLC Colorado 0476 J13 Court Glenwood Springs, CO 81601 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Michael Fe ken, Member The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None _, Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this / day of January Signature: /-1r// /I me, t ¢ Name (printed): Michae ergen Title (if any): IV1emGCr ,20 19 STATE OF COLORADO COUNTY OF GARFIELD )SS. ) The foregoing instrument was acknowledged before me this / day of Jamlary .20 19 by Michael Fergen , on behalf of Mita Prolytics LLC s a Colorado limited liability company Witness my hand and official seal My commission expires: ;Ii ) ZL) (Date) [SEAL] 1.! k (Notary: Public) LINDSEY MARSH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #:20124012622 MY COMMISSION EXPIRES MAR. 1, 2020 Garfield County STATEMENT OF AUTHORITY Pur ant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of fly IL1VIC1d.- , VIE:t{QY'. 11]la.Lrl"� , a �d'Z� L`�ifi (corporation, limited liabilityomparrj, general partnershi, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is %KYt'Q ha J- 4t r7�L�i� Q•�' �+�� and is formed under the laws of The mailing address for the Entity is P Co -er 3 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is i-1.1.-, A. m4)vz lei Sts) -7 A, LEI p.. n-ia 10 Qy The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): l t Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this / t - day ❑f-`�� -, )01V' /! r/ .1 , 20 lel . Signatures---)L.t.C[.i ) A - -.)1Dt2.iC'.1��7i) Name (printed'): \ )!-i rt h"') A, - [ ol4G1 e -7`1 Title (if any) (s2(1'.StZ STATE OF C r`' H Lk C 1 )SS. COUNTY OF s )(f �-{ �r�-' ) The foregoing instrument was acknowledged before me this -x�`� day of 14---5:YL.c. V L1 , 20 I (t by 71L I' 3 1 _l , on behalf of a l�c.._.�rfx,.v ! e If I�(.. r r�,> r h -1 71 • 1 '1 •.'r Witness my hand and official seal. My commission expires: 1-s)IC t �)�' i4 �.t,e�( 'L (Date) (Notary Public) ANGEL WILLIAMS [SEI3aTARY PUBLIC STATE OF COLORADO NOTARY ID 20114077845 MY COMMISSION EXPIRES DECEMBER 09, 2011 re Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Mila Properties LLC c/o Michael Fergen, Member agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amended Plat Application of Lot 3, of the Martin Subdivision Exemption Plat, Boundary Line Adjustment Application and Land Use Change Permit Application. 2. The Applicant understands and agrees that Garfield County Resolution No, 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Michael Fergen, Member Billing Contact Address: 0476 JB Court Phone: ( 970 945-2326 City: Glenwood Springs State: CO Zip Code: 81601 Billing Contact Email: rnfergen@cccgws.com Printed Name of Person Authorized to Sign: Michael Fergen //z/tier (Sigpr(ture) (Date) Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY (�PUNTY") and Property Owner ("APPLICANT") /(o yr2-, c -r d J. /r, I/de' Y' f.,.n /7,V Jr S agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Li Y1 rN r A r.rY7 I err LU % Ain r-+1ti 1. fY 'F11 L, it PlC-�J / •', JiL r -► e 5 1. - C A, Ii d'°Y R c) r� / Y7-5 // 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. hereby agree to pay all fees related.to this application: Billing Contact Person: _LLQ y 1 J?l SC -nn Phone: f -iv) Loic; j, Billing Contact Address: {� G X. gig( City: C76`l.t� (,�~ State: CD Zip Code: 4 35 L' r.,J Billing Contact Email: I'Y}C 61 ), r'yvb Printed Name of Person Authorized to Sign: }r c)L-1 r �- z.irra. C '(-) ny, \J LSC L �{ 11)1b k�k,l� S - }' v re12� �►--7 2l 27 H H (Signature) (Date) Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") De" -)--771?/! (4 5 r r y Y'i' "" 1 agree as follows: 1. The Applicant has submitted to the County an app ca 'on for the following Project: %144 r 0' lo TVA! C1in-- 7cmrtn� 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land, I hereby agree to pay all fees related to this application: Billing Contact Person: \- )' VJk I, Billing Contact Address: l C_? t ( 1. City: 1, Cs ► i s 1 C• r, Billing Contact Ema ii: 1 lac k i. r I vw 4 C:1L (TY?!. . (. LAY) Printed Name of Person Authorized to Sigri LL I VOL) ) Phone: f-172:))4., /beA; State: CD Zip Code: f._ 3.2) i :L% , ]ir�:a (Signature) 2) 2-61 19 (Date) Certification of Trust for The Raymond J. Kinder Family Trust Pursuant to C.R.S. 11-105-111, this Certification of Trust is signed by all the currently acting Trustees of The Raymond J. Kinder Family Trust dated April 11, 2005, under the Last Will and Testament of Raymond J. Kinder date May 14, 1998, who declare: 1. The Grantor of the trust is Raymond J. Kinder, deceased. The trust is irrevocable. 2. The Trustee of the trust is Judith A. Morrison. 3. The tax identification number of the trust is 20-6695561 4. Title to assets held in the trust will be titled as: The Raymond J. Kinder Family Trust dated April 11, 2005, and any amendments thereto. 5. An alternative description will be effective to title assets in the name of the trust or to designate the trust as a beneficiary if the description includes the name of at least one initial or successor Trustee, any reference indicating that property is being held in a fiduciary capacity, and the date of the trust. 6. Excerpts from the trust document that establish the trust, designate the Trustee, and set forth the powers of the Trustee will be provided upon request. The powers of the Trustee include the power to acquire, sell, assign, convey, pledge, encumber, lease, borrow, manage, and deal with real and personal property interests. 7. The terms of the trust provide that a third party may rely upon this Certification of Trust as evidence of the existence of the trust and is specifically relieved of any obligation to inquire into the terms of this trust or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. 8. The trust has not been revoked, modified, or amended in any way that would cause the representations in this Certification of Trust to be incorrect. Dated:bin 4 rj-t-5 , 20 V'S Judith A, Morrison, Trustee Certification of Trust for The Raymond J. Kinder Family Trust Page 1 STATE OF COLORADO COUNTY OF .11.cru. 5on ) ss. ) This instrument was acknowledged before me onb� �O 20 ' , by Judith A. Morrison, as Trustee. [Seal] Notary Public My commission expires: f JOSE MORALES NOTARY PUBLIC STATE OF COLORADQ NOTARY ID 201940 c 437 MYCOMMISSION EXPIRES APRL ' 'nag Certification of Trust for The Raymond J. Kinder Family Trust Page 2 ® District Court ❑ County Court PO �3f 5��5 toy Court Address & L'C No -.,vow S,PG/-7, CO, County, Colorado 2lc—o/ DATE Plr�intiff(s)/Petitioner(s) 756`ytri' :(e -1.1-301571- 11. t1-3015 L_ v. DC11-%46-()v . - O r & t�i�J.Ns E6 -u- v 12- D efendan t(s esponden t(s) 2.Defendant(s)/Respondent(s) ORDER FILED: November 27, 2019 0 COURT USE ONLY A Case Number: oop Division: Courtroom: Upon consideration of the Motion to Sign Subdivision/Zoning Documentsof the l21 Petitioner/Piaintiff OR ❑ Respondent/Defendant, it is hereby ordered that: The Conservator in this case is authorized to sign any and all documents or applications necessary for the submtss o, n ani approval of any subdivision, re -subdivision, zoning, re- t7nITig, ui auy tether iartd-use- app1 et tiorrs thicumments p tniTu -real-eater t7 Dated. November 27, 2019 JDF 77 5/02 ORDER BY THE COURT N Judge ❑ agistrate 1911270033 2047 147-1007 2 DENNIS M. WALTERS, P.C. Law Office 817 Colorado Avenue #202 Glenwood Springs, Colorado 81601 Phone 970-945-2979 Cell 970-618-2231 walterslawoffice@coni cast.net Kelly Cave Attorney Garfield County heart @garfield.countv.com (Sent via email) November 21, 2019 Re: In re Josephine M. Kinder — Guardianship/Conservatorship, District Court, Garfield County, Colorado, Case No. 14PR3004S Dear Ms. Cave: I represented Mr. Potter, as counsel, regarding his appointment as Conservator for Ms. Kinder. Mr. Potter was Court appointed as Conservator on October 24, 2014. See enclosed Letters of Conservatorship. Mr. Potter motioned the Court for authority to sell part of Ms. Kinder's property, See enclosed motion file stamped August 12, 2019. The Court granted this request and provided authority that the Conservator is authorized to sign real estate documents on behalf of the Respondent Josephine Kinder. See enclosed Court Order, dated September 16, 2019. As a result, Mr. Potter, as Conservator, for Ms, Kinder, is Court authorized, to sell part of her real estate and sign real estate documents, in her behalf to effectuate the matter. cer CC: Donald Potter eru is M, Walters • ®Distrfot Court QDenver. Probate Court Garfield County, Colorado Court Address: 109 80. street, Glenwood Springs, 00 81601 A COURT USE ONLY A In the Interest of: JOSEPHINE KINDER Protected Person Case Number:- 14 PR S00045 Division A Courtroom LETTERS OF CONSERVATORSHIP - ADULT meld Alexander Potte (name of Conservator) Vvas appointed -by Cold Oroler on October 24, 2014 as: [�Consenrator pursuant to §15-14-409, Those Letters of ConseIvatorehip are pouf of the CgrnserVato(e full .authority to act, except: for the following restrictions; The Conservator -should allow Ms. KInder/Respondent to marls liar own household expenses and b111 eaylno for as Ilio as he determines Is appropr€ateiy.,possible. The Conservator shall have authority to enclade health care services as recornmendesi by the Guardian. and Ms. Kinder Will not have authority to discharge !base providers. The Conservator shall manane Ms. Kinder's financial affairs and Investment =aunts and heye utharlty over her real property, unless stated otherwise. It is the Intention of the Court, that Ms. Kager 119 accorded independence to funct€on as Independently ee 8DDrODrlately possible and for as on as appropriately possible, The Consenraor snalLr ttemnt to dlsm financial dectstons. to bs made for Ms._ Kinder, as long as reasonable to do so. to obtain her Input ori_s_uch rnattele,Drior toniaklno finanOlally related decisions. The CoUervator Shall not have authority to -discharge a sfea f ors anv trtist arrangement That currently exists as only tho trolvoylsions would be followed In thajregrd. ®The Conservator shall not, wllhout prior Court • order, convey pr- encumber any real estate owned: by- the ©ate,ie* roi} 017 !(Deputy)Clerk of Court CERTIFICATION Tied to b aue pyate}of the original in My 'custody and to. • In full for and effect as of /d, I 1 Probateegislrarf(13e' u'"'''erk of Court JDF 88O 89113 ill -rugs OF CONSEttVATOR5HIP _ ADULT 02013 Colorado Judicial OepartrnenI for IMO in the Courts of Colorado 1658 Cole Blvd., Building 6, Ste. #200 Lakewood, CO 80401 (303) 670-9855 Phone (303) 670-5381 Fax November 5, 2019 DAVIS SHILKEN, Pf LAW OFFICES Kelly Cave, Assistant Garfield County Attorney Garfield County Attorney's Office 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Subject: The Raymond J. Kinder Family Trust dated April 11, 2005 7887 E. Belleview Ave., Ste. #820 Denver, CO 80111 (303) 670-9855 Phone (303) 762-0014 Fax Dear Kelly: This Letter is to verify that our office, Davis Schilken, PC prepared the Certification of Trust and the Statement of Authority, on behalf of Judy Morrison, for the Raymond J. Kinder Family Trust ("the Trust"). Further, in preparing the above documents, we reviewed the Trust and ancillary documentation necessary to prepare said documents. Thank you for your time, and please let us know if you have any questions. Sincerely, Tim Parks Attorney & Couns or at Law STATEMENT OF AUTHORITY The undersigned, as trustee of The Raymond J. Kinder Family Trust under the Last Will and Testament of Raymond J. Kinder dated May 14, 1998, hereby issue this statement of authority pursuant to Colorado Revised Statutes §38-30-108.5 and §38-30-172. 1. The Raymond J. Kinder Family Trust is an irrevocable trust formed under the laws of the State of Colorado. 2. The trustee and mailing address for the trust is: Judith A. Morrison P.O. Box 998 Conifer, CO 80433 3. The acting trustee or trustees of the trust are the only persons authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the trust. There are no limitations on the authority of the trustee or trustees of the trust concerning the manner in which the trust deals with any interest in real property. �I Signed and dated this 'day of , 20a. Judith A. Morrison, Trustee STATE OF COLORADO ) )ss. COUNTY OF 'fe.frk/Sw` ) Subscribed to and sworn before me on this VI' day of O '-vbt.r- , 20 (( , by Judith A. Morrison, as trustee of The Raymond J. Kinder Family Trust. My commission expires: r IS/ .a05 Notary Public JOSE MORALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194014327 MY COMMISSION EXPIRES APRIL 18.2023 APPOINTMENT OF TRUSTEE FOR THE RAYMOND J. KINDER FAMILY TRUST The Raymond J. Kinder Family Trust was established by the Will of Raymond J. Kinder executed May 14, 1998. Pursuant to the provisions of Section 7.2 of Article VII of the Will of Raymond J. Kinder, Josephine M. Kinder was appointed to act as one of two trustees for the trust and given the right to appoint an individual or corporate co -trustee to serve with her. Any such appointment may be made in favor of any one of their children or any corporate fiduciary qualified to act. Josephine M. Kinder hereby appoints Judith Ann Morrison to act with her as co -trustee of The Raymond J. Kinder Family Trust. In the event that Judith Ann Morrison ceases to act for any reason, Josephine M. Kinder appoints Susanne Rae Potter to act as trustee. Dated this day of c January 7, 2019 To: Garfield County Development Departnent 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Plat Application of Lot 3, of the Martin Subdivision Exemption Plat, Boundary Line Adjustment Application and Land Use Change Permit Application. Dear Garfield County, Michael Fergen has authorized Donald Scarrow of Scarrow & Walker, Inc. to act in all respects as the authorized representative of Mila Properties LLC to submit and process the above referenced application. January 7, 2019 To: Garfield County Development Department 108 8TH Street. Suite 401 Glenwood Springs, CO 81601 Re: Boundary Line Adjustment Application Dear Garfield County, Judy Morrison has authorized Donald Scarrow of Scarrow & Walker, Inc. to act in all respects as the authorized representative of the Raymond J. Kinder Trust to submit and process the above referenced application. Sincerely, u ka r�m J� y Mor son June 4, 2019 To: Garfield County Development Department 108 8TH Street, Suite 401 Glenwood Springs, CO 81601 Re: Boundary Line Adjustment Application Dear Garfield County, Donald A. Potter has authorized Donald Scarrow of Scarrow & Walker, Inc. to act in all respects as the authorized representative of the Josephine M. Kinder to submit and process the above referenced application. ncerely, \\, Th/L-r‹. Donald A. Potter NM 1,1 HAM Pk MR11 III Rae apt r ona : 722445 05r00112007 63:24:27 Ph 8:1024 P:0100 Jaen Nlberleo 1 of 2 4ec Fee:$1$.00 Ooc Pee:120.00 CARF1ELO COUNTY CO Recorder. • WARRANTY DEED THIS DEED, made this 7th day of May, 2007 Between JOHN D. FERGEN REVOCABLE TRUST AND GENEVA S. FERGEN REVOCABLE TRUST of the • County of Garfield, and State of Colorado, grantor, and MILA PROPERTIES, LLC , whose legal address is : 476 JB Court, Glenwood Springs, CO, 81601 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of SI ,200,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee. his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lot 3 Martin Subdivision As Shown on the Subdivision Exemption Plat recorded June 2, 1981 as Reception No. 315346 as known by street and number as: 1537 County Road 130 Glenwood Springs CO 8160I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and den and whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself; his heirs, and personal repreaentativea, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same ore free and clear from all former and other grants, bargains, soles, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Exhibit "A" attached hereto and made a part hereof. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises' in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons IawNlly claiming the whole or any part thereof. The singular number J shall include the plural, the plural the singular, end the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the dote set forth above. r 4 John D. Fergon Revocable Trust By: STATE OF COLORADO ]u COUNTY OF GARFIELD Geneva S. Fergen Revocable T t By encva S. Fergen, Trq The foregoing instrument was acknowledged before me on May 7, 2007, by John D. Fcrgen, Trustee of John D. Fergon Revocable Trust and Geneva S. Fergen, Trustee of Geneva S. Fergon Revocable Trust My commission expires: Commun./re/kb File No. 0704149 aeon, eo M , hooeelr. LLC pb In Cowl Glave o/ Wigs CO 81601 WITNESS my hand andl-of.f-icial seal 1-13D, l ,10,730 154-- Notary Public 1 ill It r �y�YY1RY I1RYr 'tllYi 'IG'18IUI Reerpt onit• 722843 AS09012007 03:34:31 on 9:1924 P:0101 Jean Alba rlpp 2 er 2 Rev Foe:311.00 Doc Fee:129.00 GARFIELD C0t11Y CA Exhibit "Air Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United Stues, as reserved In United States Patent recorded May 21. 1842 in Book 12 at Page 159. Easements granted to Mitchell -Cooper Ditch and Pipeline Company as described in Quit Claim Deed recorded April 22, 1955 in Book 283 at Page 538. Easements for a roadway and to carry wastewater reserved in Warranty Deed recorded April 4, 1961 in Book 333 at Page 206. Apparent easement for overhead electric lines and all matters shown on the subdivision exemption plat for Martin Subdivision recorded June 2,1981 as Reception No. 315346. Terms, conditions and all matters set forth in Garfield County Resolution No. 93-104 recorded November 4, 1993 in Book 880 al Page 964. COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1905021 1. Effective Date: May 3, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $N/A 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: \ 1 il a Properties. LL(_ 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot 3 Martin Subdivision As Shown on the Subdivision Exemption Plat recorded June 2, 1981 as Reception No. 315346 TITLE CHARGES Informational Commitment $293.00 COUNTERSIGNED: 3'A.trLdc,?• 73 weW Authorized Officer or Agent American Land Title Association Schedule A (Rev'd 6-06) Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1905021 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section l - Form 1004-5 File No. 1905021 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2019 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 21, 1892 in Book 12 at I'ac I 10. Easements granted to Mitchell -Cooper Ditch and Pipeline Company as described in Quit Claim Deed recorded April 22, 1955 in 13Tk at l',ICe )?K. 11. Easements for a roadway and to carry wastewater reserved in Warranty Deed recorded April 4, 1961 in Book 333 at I'auc 206. 12. Apparent easement for overhead electric lines and all matters shown on the subdivision exemption plat for Martin Subdivision recorded June 2, 1981 as Rcccptinn 13. Terms, conditions and all matters set forth in Garfield County Resolution No. 93-104 recorded November4, 1993 in Bu ik tiKu at 1'aE.c 14. Terms and conditions of Agreement and Easement contained in Quit Claim Deed recorded February 28, 2018 as Rcccni'oil No, 9i1.47J t. (Continued) File No. 1905021 SCHEDULE B - SECTION 2 (Continued) 15. Deed of Trust from Mils Properties, LLC to the Public Trustee of Garfield County for the use of John D. Fergen Revocable Trust & Geneva S. Fergen Revocable Trust, showing an original amount of $960,000.00, dated May 7, 2007 and recorded May 8, 2007 in Iionp. 1924at I'ale 102. NOTE: By instrument recorded April 4, 2012 as n `• 81 • r <' , said Deed of Trust was assigned to Bank of Colorado. 16. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof and the date on which all of the Schedule B, Part 1 -Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE N/A TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permilting arbitration of claims al the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1905038 1. Effective Date: May 6, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Josephine M. Kinder and the Raymond J. Kinder Family Trust 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit"A" TITLE CHARGES Informational Commitment $293.00 COUNTERSIGNED: Parr -00P. 73&c ►weW Authorized Officer or Agent American Land Title Association Schedule A (Rev"d 6-06) Valid Only if Schedule B and Cover Are Attached Issuing Agent; Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1905038 EXHIBIT "A" All that part of Lot 1 and the NE'/<SE'/4 Section 5, Township 6 South, Range 89 West of the 6th P.M. described as follows: Beginning at a point marked by a cross on a flat rock on the East edge of a Mesa, West of Oasis Creek whence the Southeast corner of Section 35, Township 5 South, Range 89 West of the 6th P.M (said corner being on the First Correction Line South) bears North 45°37' East, 2225.97 feet; thence along and near the Easterly edge of said mesa South 21°43' West 124.58 feet; thence South 84°06' West 368.69 feet to a point on the Westerly line of said NE'/4SE'/4 thence North 2°02' East 669.60 feet along the Westerly line of said NE'/4SE1/4 to the Northwest corner of said NE'/4SE'/4 being the Southwest corner of said Lot 1; thence South 88°06' East 242.30 feet along said line between said NE1/4SE1/4 and said Lot 1; thence North 14°45' East 397.54 feet; thence South 66°22' East 430.52 feet to a point on the Easterly boundary of said property; thence South 29°32' West 177.10 feet along and near the Easterly edge of said mesa to a point marked by a cross on a flat rock; thence South 16°44' West 135.60 feet along and near the Easterly edge of said mesa, to a point marked by a cross on a flat rock; thence South 30°58' West 165.10 feet along and near the Easterly edge of said mesa to a point marked by a cross on a flat rock; thence South 25°04' West 324.37 feet along and near the Easterly edge of said mesa to a point marked by a cross on a flat rock, the Point of Beginning. EXCEPTING that parcel of land conveyed ti Kenneth Wiencek and Carol Ann Weincek by Warranty Deed recorded July 24, 1972 as ".2ceptiom No. 254629 in Book 433 at Page 340 of the Garfield County Records, including specific easements and rights appurtenant to the land conveyed, but subject to certain deed restrictions and the reservation by the grantors of that Warranty Deed of a 20 foot right of way and easement for road and utility purposes along the entire Easterly boundary of the land conveyed. File No. 1905038 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. I . The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory lmprovement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 1905038 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 21, 1892 in iingk 1 2 .n Hoc 159. 10. Easements granted to Mitchell -Cooper Ditch and Pipeline Company as described in Quit Claim Deed recorded April 22, 1955 in :-•ok 2s3 .0 race 51X. 11. Easements for a roadway and to carry wastewater reserved in Warranty Deed recorded April 4, 1961 in Book:111,3.rt oc 12. Right of way for ditches and canals in place and in use. 13. Reservation of minerals in instrument recorded July 7, 1888 as Rccimvn \io. 72.,24 and any and all assignments thereof or interests therein. 14. Easement and right of way described in instrument recorded April 22, 1955 as ltece non No. i tip/ -t'.' 15. Easement for roadway contained in instrument recorded April 4, 1961 as Rccduion N„, 2 1 ?.'_07 and April 4, 1961 as k c prion No. 2 I?''6.i and April 4, 1961 as Reception Ni 2 132601, April 4, 1961 as Reeenuun No ' 1 ;.770 16. Terns and conditions set forth in Assignment and Agreement recorded April 6, 1961 as Reccphori No i 3.798, 17. Terns and conditions set forth in Agreement recorded October 15, 1986 as Reception No 375380 18. Easement granted to Public Service Company of Colorado in instniment recorded October 14, 1968 as Reception No_ _'a I9t 2. 19. Easements and rights of way set forth in Warranty Deed recorded June 5, 1972 as Reception No, 254024, 20. Terms and conditions set forth in Letters of Conservatorship Adult recorded February 23, 2015 as Reception No. 8545?6 21. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof and the date on which all of the Schedule B, Part 1 -Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): L E M,' ja f r'1e✓1 t' / LL-G- .„X,_lawn the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and f am in compliance with said statue and the LUDC. -+c. (S 5 r - c-- %a,K fe.5earCl,.r'(6 yhd. /?,raI,f'5AIs f�+r- .Lra 13 Su h4,i)srer, vr)11be--7 Al t� 5c'hd, v, s Iv 1.0141 7~�i �� 5' 5 r 3 to ,'Tr P c' / the) Cier lk .r2aer ,-der sir., { ', 7:/zC/,2 Signature Date A 0.-f a rv7-12 #c4 lgcap►^N,Sf't<t J/ e Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC') Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with CR.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDO The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): p e Q m d .f , K+ d �r �r7 / ✓ 5 .l0 Sc rA y, L ✓!9 > k; r r a y an / 'own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Own Mailing Address of Mineral Own acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LU DG r- row I) AP e r `• /.-4 d t`h / : r�, �r?r f �' ` h 7� 74. - r i ]ir ,J 05e'/h 1446 /17. t$ }'+^ f' AAlf*?C7-, d.J. JC, G' r�r,- /reyr7 . �' � p s f w;. i"k )1 r A.55;.SFr�r+�r� " f the �`/.� r -7e " golds VC.6.7--) Sfa 7"J 9 2 Ipllcant's Signa Date/ t&1iC+rl �'cL rkr✓e"Seri-1-afii/P Mineral Owner Research Mineral Rights were turned over to Ella M. Stephenson by the United States Government on May 21, 1892 according to the document recorded in Book 12 at Page 159. The mineral rights were never reserved by any owner therefore they were transferred by deed to each buyer. As a result Mila Properties own the mineral rights on Lot 3 and Josephine M. Kinder and the Raymond J. Kinder family Trust own their mineral rights. List of property owners within 200 feet Karen L. & Mark A. Strip 1653 Donegan Road Glenwood Springs, Colorado 81601 Raymond J. Kinder Family Trust P.O. Box 998 Conifer, Colorado 80433-0998 Six Canyon LLC 5200 West 20th Street Greely, Colorado 80634 Parcel Number 218505416001 218505416002 218505400065 218505400095 218505400001 Shirley L. Zancanella Family Limited Partnership 218505400122 P.O.Box 1908 218505100123 Glenwood Springs, Colorado 81602 Carol Ann Opeka (FICA Carol Ann Weincek) 1651 County Road 130 Glenwood Springs, Colorado 81601 218505100064 Anthony William & Natalie & Thomas A & Michelle A Zancanella 218505100103 1649 County Road 130 Glenwood Springs, Colorado 81601 Glenwood Highlands Homeowners Association, Inc 211935408025 609 Highlands Drive Glenwood Springs, Colorado 81601 P & E Properties LLC 218505400111 202 Sunny Acres Road Glenwood Springs, Colorado 81601 Glenwood Highland Estates Homeowners 218505400110 c/o Marvin L. & Sandra R Martin 1653 County Road 130 Glenwood Springs, Colorado PUBLIC NOTICE TAKE NOTICE that Mi la Properties. LLC has applied to the Garfield County Director of Community Development, to request a Final Plat Amended to adjust the boundary lines between two parcels of land located in the County of Garfield, State of Colorado; to -wit: Legal Description: - Lot 3, Martin Subdivision as shown on the Subdivision Exemption Plat recorded as Reception No. 315346 in the Garfield County Clerk and Recorders Office. Practical Description - 1537 County Road 130 (Donegan Road), Glenwood Springs, Colorado Parcel Number 2185-505-00-085. Description of Request - Create a Amended Plat of said Lot 3 and a Legal Description of a portion of the property north of and adjacent to said Lot 3,owned and vested in Josephine M. Kinder and the Raymond J. Kinder Family Trust recorded as Reception No. 682993 in Garfield County Clerk and Recorders Office. Said described property to be conveyed to said Lot 3. Create a Boundary Line Adjustment according to Garfield County Regulations to record the results. All persons affected by the proposed Final Plat Amended are invited to comment regarding the application. You may state your views by letter, or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will issue a decision on this application on Planning Division, Community Development Garfield County See Vicinity Map Attached For Location. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: December 14, 2018 TAX PARCEL NUMBER: 218505400085, 218505400065 OWNERS/REPRESENTATIVE: Mila Properties LLC, Raymond J. Kinder Trust / Don Scarrow PRACTICAL LOCATION: 1537 and 1653 County Rd 130, Glenwood Springs, CO 81601 TYPE OF APPLICATION: Amended Final Plat and Rezone I. GENERAL PROJECT DESCRIPTION The owners of Lot 3 of the Subdivision Exemption Martin Subdivision plat (recorded in 1981) and the parcel to the north wish to adjust the boundary lot line between their two properties. The proposal would assist in the practical use of the commercial business, Climate Control along County Rd 130 (also known as Donegan Road) which would benefit from the new lot area and better represent the goals of the two property owners. Additionally, the property at 1653 County Rd 130, a residential property, has no practical access to the area which is being granted to the commercial property to the south. 2 The properties are located within the Commercial General (CG) and Rural (R) Zone Districts, so the applications for both the Amended Final Plat and the Rezoning will be submitted and processed concurrently to create a more acute timeline. The two applications may be submitted as separate applications but they will be reviewed and sent through the public notice/public hearings so that at the end of the process, if approved, they will not hold up the flow of events. Zoning. Rural (R) ZoningE Commer (CG) 218505400085 218505416002 i400095 218505 416001 21850540011 3 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) — Sections*: • Garfield County Comprehensive Plan 2030 (see attachments) • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Rezone (4-113), following Rezoning Review (Table 4-102) • Table 4-102, Common Review Procedures and Required Notice (both) • Table 4-201, Application Submittal Requirements (Rezoning) • Table 5-401, Application Submittal Requirements (Final Plat Amendment) • Article 7, General Standards (both) *Hyperlinks: Article 4 Article 5 Article 7 III. REVIEW PROCESS A. The process to accommodate this request shall require submittal of an Amended Final Plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice should be mailed by certified letter with mailing receipts at least 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. B. The process to accommodate this request shall also require submittal of a Rezoning processed by Rezoning Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 4-113 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Technically Complete Determination; • Submittal of additional materials (if needed and copies for Referral agencies (21 day review); 4 • Schedule a hearing and provide Public Notice by mailings to property owners and mineral rights owners by certified letters with mailing receipts within 200 feet of the exterior of the boundary of the lot. Posting of the property and publication shall also be required. This Public Notification should be completed 30 days prior to the Planning Commission hearing. • Evaluation by the Director of Community Development; • 10 Additional full-size copies of the plans/reports 15 days prior to the Planning Commission hearing. • Planning Commission review and recommendation; • Schedule a hearing and provide Public Notice by mailings to property owners and mineral rights owners by certified letters with mailing receipts within 200 feet of the exterior of the boundary of the lot. Posting of the property and publication shall also be required. This Public Notification should be completed 30 days prior to the Board of County Commissioner hearing. • 4 Additional full-size copies of the plans/reports 15 days prior to the Board of County Commissioner hearing. • Board of County Commissioners decision • Record new Official Zone District Map IV. SUBMITTAL REQUIREMENTS A. Final Plat Amendment: Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application Form. • Project Description including the reason for the amendment, whether any nonconforming conditions currently or will exist. • Ownership Documentation (deed) and title information indicating if there are any lienholders and/or encumbrances (a title commitment may be necessary) • Statement of Authority (should the parcel be held by an LLC, trust, corporation or other partnership.) and Letter of Authorization, as necessary ■ Fee Payment and Payment Agreement Form • Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcels. • Vicinity Map ■ Improvements Agreement (may be waived upon request) • Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal, including any floodplain on the property) • Code, Covenants, Restrictions (needs to be referenced on the plat) • The request should address Amended Final Plat (5-305) criteria. • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. Reference should be made to existing structures and conditions on the property. B. Rezoning: Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application Form. • Project Description including the reason for the amendment, whether any nonconforming conditions currently or will exist. 5 • Ownership Documentation (deed) and title information indicating if there are any lienholders and/or encumbrances (a title commitment may be necessary) • Statement of Authority (should the parcel be held by an LLC, trust, corporation or other partnership.) and Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary • Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcels. • Vicinity Map • Rezoning Justification Report • Legal Description of property to be rezoned. • The request should address the Rezone (4-113) criteria. • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. Reference should be made to existing structures and conditions on the property. C. Application materials that are applicable to both applications: • Letter of Authorization forms from property owners. • Payment Agreement Form • Title Commitment V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X None (Director's Decision for Amended Final Plat) X Planning Commission (Recommendation for Rezoning) X Board of County Commissioners (Final Decision for Rezoning) Board of Adjustment c. Referral Agencies: May include Garfield County Designated Engineer, County Surveyor, City of Glenwood Springs, Glenwood Springs and Rural Fire Protection District, Garfield County Sheriff. V. APPLICATION REVIEW FEES Amended Final Plat a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) Rezoning a. Planning Review Fees: $ 450.00 6 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 450.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer 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. Pre -application Summary Prepared by: 9.� December 14. 2018 Patricia Parish, Senior Planner Date Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference + Applicant has 6 months to submit application Step 2: Application Submittal i[t• i . l e,inl,li i.rit" I{r^ lava • 10 business days to review ■ If incomplete, 60 days to remedy deficiencies Step 4; 'Schedule ;Decision Date and Provide Notice * Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral 621 day comment period Step 6: Evolution by Director Step 7: Directors Decision •Ca1I-up Period - within 10 days of Director's Decision *Final Plat must be signed by the OCC and be recorded within 10 business days of approval. 8 re Garfield County Rezoning Review Proms Section 4-3.13) Step 1 Pri application CQrlrerence 'Applicant has 6 months to subsalt application Sup J; Applhcation 4ubinitt•ji _Til{' rTr.i +20 business days to review Rif Incomplete, W days to remedy deficiencies tt O.i 4. `..r_h[c'_Ilule hitr,ariiigrrrirl mill+r�iir,I (1..i�.,• *Published, posted, and mulled to adjacent property owners within 200 fieetend mineral owners, at least 30 days but no rncre then 60 days prior lo Planning Commission public hearing ■21 day comment period r2tl13 �„ L', ,:rlllti•.�I'f fro LPir::; i{?r or'woe! rteview,raci Necomineittlatrolt jtep.1 N- `,r,lle�diili' H4 .ir o,g, hri F�risvi.i-:_ ;UutlLt • Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, a t lesut 30 days but ria snore then 60days prior to BOX public hearing 4:,1rp q liflrC Or‘ -.room eco new Official Zone District Map 9 Applicant's Representation: 10 11 Garfield County Comprehensive Plan (showing property). j Garfield County Comprehensive Plan shows the property in the Urban Growth Area of Glenwood Springs. 12 t';it r rtif rlanurnnd Cnrinric Cmmnrnhancivn DI7n fchr►winn property] City of Glenwood - Low Density. Residential from Comp . City of Glenwocd - r1ixed Use Designation from Comp Plan 13