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HomeMy WebLinkAbout3.0 Conditions & CorrespondenceGørfield Coulnty Community Development Department October 20,2019 Ron Nadon 2675 County Road 335 New Castle, CO 81647 Craig Schultz 2859 County Road 335 New Castle, CO 81647 RE. Schultz Amended Exemption Plat (FÐG-09-19-8752) Dear Ron and Craig Thank you for the supplemental signature pages for your application. We have also included copies of your deeds of ownership from the Clerk and Recorders Office in your files. With the above information, this letter is to inform you that the application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Land Use and Development Code or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Community Development Department will render a decision has been set for November 12,2419. Public notice at least 15 days prior to the Director's Decision is required by written notice by certified mail, to the owners of record of all property adjacent to the property and within 200 ft., and by certified mail return rece requested to the mineral owners of record for the Applicant's property (please note that you have certified that you own the mineral rights). The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Community Development Department prior to the Director's Decision. Pursuant to Section 4-103(BX3) of the Land Use and Development Code, the notice shall include a vicinity map, the property's legal description, a short narrative describing the proposed amended plat and current zoning, the contact information for the Community Development Department and the date that the Director will make a decision. I have enclosed an appropriate notice for the Director's Decision, for your convenience. This document is provided to you as a courtesy and the Applicant must verify that all information in the notice is correct including the legal description and vicinity map. lt shall be the obligation of the Applicant to correct any deficiencies in the public notice such that proper notice in form and substance can be established. lncluded for your convenience is the following outline of the process from this point. 1. Referrals will be sent out October 21"t. 2. Public Notice must be mailed by the Applicant no later than October 28th. 3. Applicant will need to provide a completed Public Notice lnformation Form along with the proof of mailing and return receipts prior to the Director's Decision. 4. On November 12th, the Director of the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 5. The Board of County Commissioners will be provided notice of the Director's decision and will have a 10 day call up period to request a public hearing. 6. lf the call up time period expires without a request for a hearing from the Board, or the Applicant, or an adjacent property owner, the decision will become final. 7. Once all conditions of approval have been met the Amended Plat will be prepared for presentation to and execution by the Board of County Commissioners. 8. Following the Director's Decision, the Applicant will have 90 days to meet all conditions and present to the County a plat in a form ready for recording. The Applicant can request extensions to the time limit. Please note that initial staff review anticipates that updated title commitments will likely be required prior to finalizing the amended plat. lf you have any questions regarding the scheduling and the public notice requirements, please feelfree to contact me directly. Thanks again foryour work on getting the application submittals complete. Sincerely, /7L 7/,'/-'- Glenn Hartmann Principal Planner 2 PUBLIC NOTICE TAKE NOTICE that Ron and Karen Nadon and Craig and Elisa Schultz have applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Reviewfor an Amended Final Exemption Plat of Tracts C and D of the Schultz Subdivision Exemption, for the purposes shifting the property line between the two lots, in the County of Garfield, State of Colorado; to-wit: Leoal Description.Tracts C and D as referenced in Resolution No. 78-96 recorded at Reception No. 29A726 and further described in Deeds Recorded at Reception No. 660821 and Reception No. 305067 (Book 550, Page 780), with the Garfield County Clerk and Recorder. Practical Descri The properties are located at 2675 and 2859 County Road 335, New Castle CO 81647, approximately STrmiles west of the Town of New Castle, and known by Assessor's Parcel N umbers 21 81 -082-OO-1 42 and 218 1 -08 1 -00-21 3. Description of Request The Applicant is requesting an amended exemption plat to adjust the property line between Lots C and D to better conform with exiting improvements and fence lines. No other changes are being requested. The property is zoned Rural. The File No. is FEXA-O9-19-8752. Vicinitv Map VICINITY MAP IS ATTACHED All persons affected by the proposed Administrative Review for an Amended Final Exemption Plat 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 whetherto approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The Application can also be viewed at: https : / /records.garfield- countv. com/Weblink/Browse . a spx?íd:3 8 0 9 6 6 0 & db i d:0 & repo:Gar f i e l- dC ountv The Director will make a decision on this application on November 12, 2019. Any comments to be considered must be received prior to that date. Community Development Department Garfield County VTCINITY MAP Vicinity Map Applicant's Property Lienho[d er Conse.nt and Subo!'dination The undersigned, beingthe Beneficiary under a Deed ofTrúst granted bythe Owner{s) upon the real property platted and divided as shown upon the Amended Final Plat of Parcels C & D of the Schultz Subdivision Exemption (the Plat), certifies that.the undersigned has reviewed the Pfät, and bythis certification hereby consents to said Plat and to the recording theresf, Beneficiary further consents to said plat as stated in the certificate of dedication and ownership executed by the Owner(s) thereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made' ExEcuïED *is ?--¿avrr ffi?ÅL .A'D',\|U) (M rî üN r0ü\r 0f CO u Lienholder Name Lienholder Signature Printed Name STATE OF COLORADO } ss COUNry OF GAßFIELD ) resotT rrl and Subordination lJrl,,* (,ote,^, ^lwas acknowledged before me this á"¿l day of Á,The ng Lienholder Consent A.D.,2021, by My commission exPires: witness my hand and official seal ADAM GOSENCA MY 2t.23 Notary Public Lienholder: ** This Lienholder Consent and Subordination is recorded simultaneously with and incorporated hereto as part of the F¡na¡ Ptan Amendm eñot pfinu/lilh MfuqßusT , recorded as reception number qÐ5&33 ln the Garfìeld County, Colorado Clerk and Recorder records- PDF created with pdfFactory trial version \^Â'W.odffaclorv.com, PDF created with pdfFactory trial version www.pdffactory.com Conmmr¡æaf{rTith C-mpmy dCaúeld Crurty' Irrc. 127 Eâst 5th Stræt fufìe, Colorado 81650 Telephone: (970) 625-3300 Facsimile¡ (970) 625-3305 April 14,2020 Glenn Hartmann County Planning Divis¡on of the Community Development Depârtment Glenwood Springs, Colorado 81601 Re: Schultz Subdivision Exemption; CTCGC File No. 1912011 Dear Glenn: We have fuciliÞted the payoffof the Note secured by the Deed ofTrust fom Ronald L Nadon and Karen L. Nadon to the Public Trustee of Garfield County for the use of Pioneer Bank showing an original amount of S4L0,0m.00, dated December 23,2011 and recorded December 29,ZOIL as Reception No, 812537 (NOTE: By ¡nstrument recorded April 27,2O]'8 as Reception No, 905917, said Deed of Trust was assigned to Mortgage Electronic Reg¡strat¡on Systems. lnc.) We have sent a confirmat¡on notificãtion to the current lienholder that remittance of the funds have been tendered contingent upon their ability to secure a Release of Deed of Trust properly executed by the current beneficiary, secuted bythe PublicTrustee, anddulyrecorded inGarfield CounÇ, Colorado, to fully release the Deed of Trust recorded in the office of the Clerk and Recorder as Reception No. 812537, ln accordance with C. R.S. 38-35-f24, Chase, as the holder of the indebtedness sha ll, within ninety days after the satisfaction of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents, record with the appropr¡âte clerk and recorder the documents necessary to release or satisfy the lien of record or, in the case of an indebtedness secured by a deed of trust to a public trustee, file with the public trustee the documents required for a release as prescribed by section 38-39-102' I have updated our comm itment to remove the above referenced deed of trust from Schedule B-Section 2. As we discussed, Commonwealth Title Company of Garfield County, lnc., (hereinafter Commonwealth) hereby indemnifies the Board of County Commissioners of Garfield County (hereinafter BOCC) against loss they may sustâin in connect¡on with approving the Plat without subordination and consent f.om the current holder of the indebtedness ev¡denced by the above referenced deed of trust. This letter of indemniÇ is limited to the following dæcribed property: A parcel ofland situated in Government Lot 2 ofsection 8, Township 6 South, Range 91 Westofthe 6th Principal Meridian, Garfield County, Colorâdo, more particularly described as fullows: Beginning at the Northeast Corner of said Section 8, being a one-half inch iron bar with a cap, thence South 89"42'05" West 3203.55 feet along the Northerly line of said Section 8 to the True Point of Beginning; thence South 03"30'39" East 452.17 feet to the centerline of County Road f335; thence along the centerline of said county road the following courses and distances: thence North 89'35'0O" West 38.05 fuet; thenæ 138.59 feet along the arc of a curue to the left, having a centra I angle of 17"!7'56" , a radius of 459.01 fuet; thence 243.26 feet along the arc of a curve to the right, having a central angle of 52"38'09", a radius of 264,80 fee! thence North 54'14'48" West 292.58 fee! thence 152.07 feet along the arc of a curue to the left, hav¡ng a central angle of 19"36'43", a radius of 444,27 feet; to the Westerly line of said Government Lot 2, thence leavingsaid county road North @"18'09" East 191.25 feet along the Westerly line of said Lot 2 to the Northerly line of said Section 8; thence North 89'42'05" East 751.14 feet to the True Point of Beginning. By acceptance of this indemnity BOCC agrees that their rights to pursue any action shall be subrogated to Commonwealthshouldanyclaimariseorlossoccurunderthetermsofthisindemnity. Anyfailuretosubrogate or any failure to timely notifo Commonwealth of a claim or loss shall release Commonwealth from llability under this indemnity to the extent Commonwealth is damaged by such hilure' Sincerely, ?atri.cà ?. ßur¡ueû' Patrick P. Burwell President Glenwøod Sprìngs Bnnch 7322 Gtmð. Avenue Glenwood Springs. Colorado 81601 Telephone: (970) 945-4444 Facsir¡rile: (97 O) 945-4449 Commonwealth Title Company of Garfield County, Inc. 127 E.5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (910) 945-4444 / Fax (970) 945-4449 Date: Apnll4,202O File No. l9l20ll Property Address. 2675 County Road 335, New Castle Tax Information Seller Ronald L. Nadon and Karen L. Nadon Etrail: Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@crvtrifle.com Connie Rose Robertson - connie@clvtrifle.com Rifle office - 970-625 -3300 Demra Conrvell - denna@cwtrifle.com Patti Reich - paiti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A l'ilc No. l-t)l20ll 1. Effective Date: April9,2O2A at 7:59 AM 2. Policy or Policics to bc issucd: (a) ALTA OWNER POLICY (ALTA 6-17-a6) Proposed Insured: N/A (lr) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: J The Estate or interest in the land described or referred to in the Commifinent and covered herein is Fee Simple and is at the effective date hereofvested in: Ronald L. Nadon and Karen L. Nadon 4 The land referred to in this Cornmifinent is situated in the County of Garfield, State of Colorado and described as follorvs: A parcel of land situated in Government Lot 2 of Section 8, Township 6 South, Range 91 West of the 6th Principal Meridiano Garfield County, Colorado, more particulnrly described as follows: Beginning at the Northeast Corner of s¿id Section 8, being a one-half inch iron bar with a câp, thence South 89"42'05" West 3203.55 feet along the Northerly line of said Section I to the True Point of Beginning; thence South 03"30'39'r East 152.17 feet to the centerline of County Road #335; thence along the centerline of said county road the following courses and distances: thence North 89035'00" West 38.05 feet; thence 138.59 feet along the arc of a cun'e to the left, having a central angle of 17o17'56", a radius of 459.01 feet; thence 243.26 feet along the arc of a curve to the right, having a central angle of 52038'09", a radius of 264.80 feet; thence North 54ol,l'48" West 292.58 feet; thence 152.01 feet along the arc of a cun'e to the left, having a central angle of 19036'43", n radius of 411.27 feet; to the Westerly line of said Government Lot 2, thence leaving said county roacl North 00018'09" East 191.25 feet along the Westerly line of said Lot 2 to the Northerly line of said Section 8; thence North 89042'05" East 751.1,f feet to the True Point of Beginning. TITLE CHARGES Informational Commitment s167"00 COUNTERSIGNED ?a+rí'c'lc ?. Authorized Officer or Agent Valid Only if Schedule B and Cover Arc Attachcd Arncrican Land Title Association Schedule A (Rev'd 6-06) Issuing Agent: Commonrvealth Title Compa.ny of Garfield County, Inc. 127 Eal-¡. 5th Street Rifle, CO 81650 File No. l9l20ll SCHEDULE B. SECTION 1 The Follou"ing are the requirernents to be cornplied r,l'ith prior to the issuance of said policy or policies. Any other instn¡ment recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to tre issued. Unless otherrvise noted, all documents must be recorded to the offioe of the Clerk and Recorder of the County in rvhich said properly is located. The Proposed Insured must notif,i the Company ir writug of the narne of arry party not refened to in this Commitment r,vho will obtain an interest in the Land or who wrll make a loan on the Land. The Comparry rnay then make additional Reçirements or Exceptions. 2. Pay the ap¡eed amcxurt for the estate or interest to be insured. 3. Pay the premitrns, fèes, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mofgage to be insured, or both, rrust be properly authorized, executed, delivered, and recorded in the Public Records. This is an infbrmational only conmlitrnent and no policy rt:ill 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 ofColorado; (ii) currentþ dated, showing the location ofthe Propefi and all impror,ements, fences, easements, roads, rights-of-rvay and encroachments or other matters iderfified in Schedule B - Section 2 of this Comrnitment, to the extent snch 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 (ir) rneeting the criteria of Colorado Rertised Statute 38-51-102(9), as amended, for an Improvement Sun'eY Plat. NM6 Arnerican Land Title Association Commitment Schedule B - Section 1 - Fomr 1004-5 DISCTOSURES Colorado Division of lnsurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real e$tate records. Such updäte shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records, The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title lnsurance Company of Garfield County, lnc, conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner'sTitle Policy and the Lenders Policywhen issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of lnsurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit, B, No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on thelanddescribedinScheduleAofthisCommitmentwithinthepast6months. C.TheCompanymustreceiveappropríateaffidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of lnsurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of lnsurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protectíon Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. çtO-1.I-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate ofTaxes due from the County Treasurer or the County Treasurer's authorized agen| or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. 530-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, Pursuant to C.R,S. 510-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2, A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. lf the transaction includes a sale of the property and the price exceeds SfOO,OOO.OO, the seller must comply with the disclosure/withholding provisions of C,R,S, 539-22-604.5 (Nonresident withholding). Pursuant to C.R,S, 538-35-125{2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matterofright, ColoradoDivisionoflnsuranceRegulationS-1-2,Section5,ParagraphJ. "GoodFundsLaw" C,R,S, 539-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) ofthe Colorado Revised Statutes, 1973, requires that a notat¡on ofthe purchasers legal address, (not necessarily tlre same as the property address) be included on the face of the deed to be recorded. File No. l9l20lI SCHEDULEB-SECTION2 Schedule B ofthe Policy or Policics tn be issued will contain exceptions 1o the following maTters ulless the satne are disposod ofto the satisfaction of the company: 1. Rights or clairns of parties in possessiorr not shou'n by the Public records. 2. Easements. or claims of easerneuts, not shown by the public tecords. 3. Discrepancies, conflicts iu boundary lines, shortage in area, encroachments, attd arty tãcts, whioh a coffect survey and ilspection ofthe prernises would disclose, and rvhich are not shown by the public records. 4. A¡y 1ien, or right to a lien, 1-or services" labor or rnaterial heretofore or ltereafter lìrmished, inposed by lalv and not shonn by the public records. 5. Defects. lie¡s, e¡cumbrauces, adverse clains or other matters, ifany, created. first appearing in the public records or attaching subsequeut to the effective date hereof but prior to the date the proposed insured acquires of record f<rr value the estate or interest or moúgage thereon covered by this comlnitmelrt. 6. Any and all unpaid taxes, assessntents alld unredeemed tax sales 7 . Any lien or charge on ¿ccount of the inclusion of subj ect pl'opolty in art itnprovement district. 8. Any and all lvater rights, clainls. or title to rvater, whether or not the matters excepted are short¡r by the public record. 9. Right oftlÌe proprietor ofa vein or lode to extract and renlove his ore therefrom, should the salne be found to penetrate or ìntersect the prernises herebygranted and a right ofrvay for ditches or canals as constructed by the autltority ofthe United States, as reserved in United States Pateut ¡eoorded October 27, 1906 as Reception No. 32475. 10. A¡yquestion,disputeoradverseclaimsastoauylossorgainasalesultofartychangeintheriverbedlocationbyotherthannatural "u,ir"r. o. altel.ation through accretion. reliction. erosion or avulsioll ofthe center thread. bank, channel or flor.r'of'waters in Colorado lying within subject land; and any questions as to the location ofsuch cerrter thread, bed, bank or channel as a legal description ntonument or marker for putposes ofdescribilg or locating subject lands. 11. Right of way fbr County Road No. 335. 12. Right oflray for ditches ald canals in place and in use. 13. fuglrt of uay Easernent gralted to Holy Cross Energy in instrurnent recolded December 17,2008 as Reception No. 760224. 14. Garfìeld County Resolution No. 78-96 recorded December 13,1978 as Reception No.290726. 15. Terms and conditions of u'ater allotment contract contained iu memorandum recorded August 19, 2013 as Reception No. S394T0 16. Terrns altd conditions of Oil and Gas Lease by and betr¡,een Ronald L. Nadon aud Karcn L. Nadon. as Lessor and Antero Resotlrces Piceance Corporation. as Lessee, recorded February 10,2009 as Reception No. 762994 and amendmeut recorded March2,2012 as Reception No. 815338 and auy and all interests therein or assigntneuts thereof. 17. Deleted. 18. Deed of Trust fiorn Ronald L. Nadon and Karen L. Nadon to the Public Trustee of Garfield County for the use of Credit Uniorl of Colorado. a Federal Credit Uniol. showing an original anìount of $75.000.00, dated April 20,2018 and recorded Apnl 25,20 1 8 as Receplion No. 905833. Note: This Deed of Trust secures a home equity line of credit. 19. Defects, liens,encumbrances,adverseclairnsorothermatters,ifany,created,firstappearinginthepublictecordsorattachirrgsubsequent to the elïective date hereof and the date on which all of the Schedule B. Part l-Requirements are nìet. The Omrer's Policy of Title Insurance cornrnitted for in lhis Comrnitment, if any, shall contain. in addition to the Iterns set forth in Schedule B - Seclion 2. the lollorving itenrs: (l) TlrcDeedofTnrst.ifany,requiredunderScheduleB-Seclionl.(2)Unpatentedminingclaims;reservationsorexceplionsiupatentsorirr Acts anthorizing the issuance thereot-. (-l) any and all unpaid Îâxes, assesslnents and untedeetned tax sales. NOTE: The policy (s) of insurance rnay contain a clause permitting artritration of claims at the request of either the Ilsured o¡ the Cornpany. Upo¡ request. the Contpany r.r,ill provide a copy of this clause aud the accompanying albitration rules prior to the closing of the trausaction. American Land Title Association Commitnlent ScheduleB-Section2 Fornr 1004-12 COMMO¡WEALTH TITLE COMPÀT{Y PRIVACY POLICY \ile Are Commilled to Sal'egunnling Custorner Inlbrmntion that you have a right to knorv horv u'e will utiløe the personal information you provide to us. Therefbre, we have adopted this Privacy Policy to gor.cm thc usc ond handling of your pcrsonal information. Appticability This Privacy Policy govems our use of the infon¡ation s,hich you provide to us. It does not govem the manner in u'hich l\¡e nmy use infonnation lte hat'e obtained from any other source. such as information obtained from a public record or lrom another person or entity. Types of Information Depending upon r,r-hich of our scn iccs you orc utilizing, thc typcs of nonpublic personal information that we may collect include: a -.- Intonnatron we receive from you on applications, fonns and in other comrnunications to us, whether in writing, in person, by telephone or arry other means. o Information about yonr transactions rvith us, our afïìliated companies, or others; and o Inlormation rve receive from a consumer reporting agency Use of Information We request information from you tbr our orvn legitimate business pruposes and not for the benefit of any nonaffiliated party. Therefore, ue tvill not release your information to nonaffìliated parties except: (l) as necessary tbr us to provide the product or sen'ice you have requested of us; or (2) as pemritted by law. We may, hor¡'ever, store such infonnation indefìnitely. including the period after lvhich any custorner relationship has ceased. Such information rnay be used for any intemal purpose, such as quality control efforts or custonter anaiysis. We may also provide all of the types of nonpublic personal infomration listed aborre to one or nrore of our affiliated companies. Such atÌìliated companies include financial sen'ice pror,iders, such as title insurers, property and casualty insurers, and trust and invesknent advisory companies, or companies invoh.ed in real estate services, such as appraisal companies, home warrant! companies, and escrow companies. Furthemrore, \\¡e may also provide all the infonnation rve collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated cornpanies, or to other financial instihrtions lr'ith ç'hom u'e or our afllliated companies have joint rrorkctirg agrccmcnts. Former Customers Even if you are no longer our customer, our Privacy Policy rvil1 contilue to apply to you. Confidentiality and Securit¡ We vi'ill use ou¡ best effbrts to ensu¡e that no unauthorized parties ha.i'e access to any of vour information. Vy'e restrict access to nonpublic personal information atrout you to those individuals and entities r,r.'ho need to larorv that information to provide prodncts or senices to you. We r,r,rll use our best efforts to train and oversee our employees and agents to ensuÍe that your information will be handled responsibly and in accordance rvith this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comp\r rvith f'ederal regulations to guard your nonpublic personal information. C-mmørqreaftü Tith Cmpmy dGadeld Conty' Inc. 127 B¿st 5th Street Rille, Colorado 81650 'Ielephone: (970) 625-3300 Facsimile: (970) 625-3305 Aprilt4,2O2O Glenn Hartmann County Plann¡nE Division of the Community Development Department Glenwood Springs, Colorado 81501 Re: Schultz Subdivision Exemption; CTCGC File No. 1912011" Dear Glenn: We hãve fac¡l¡tated the payoffofthe Note secured by the Deed ofTrust from Ronald L Nadon and Karen L. Nadon to the Public Trustee of Garfield County for the use of Pioneer Bânk showing a n original amount of 5410,000.00, dated December 23,2OI7 and recorded December 29,2A71 as Reception No. 812537 {NOTE: By ¡nstument recorded April 27,7O78 as Reception No. 905917, said Deed of Trust wås assigned to Mortgage Electronic Reg¡strat¡on Systems. lnc.) We have senta confirmation notification to the current lienholder that remittance of the funds have been tendered contingent upon their ability to secure a Release of Deed of Trust properly executed by the current beneficiary, executed bythePublicTrustee, anddulyrecorded inGarfield CounÇ, Colorado, to fully release the Deed of Trust recorded in the office of the Clerk and Recorder as Receptlon No, 812537. lnaccordancewithC.R.S.3S-35-l24Chase,astheholderof theindebtednessshall,withinninetydays after the satisfact¡on of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents, record with the appropr¡ate clerk and recorder the documents necessary to release or satisfo the lien of record or, in the æse ofan indebtedness secured by a deed of trust to a public trustee, file with the public trustee the documents required for a release as prscribed by section 38-39-102' I have ufrated our commitment to remove the above referenced deed of trust from Schedule B-Section 2. As we discussed, Commonwealth T¡tle Company of Garfield County, lnc,, (hereinafter CommonwealthI hereby i¡idemnifies the Board of County Commissioners of Garfield County (hereinafter BOCC) against loss they may sustain in connect¡on with approving the Plât without subordination and consent from the current holder of the indebtednessevidencedbytheabovereferenceddeedof trust. Thisletterof indemnityislimitedtothefullowing described property: A parcel of land situated in Government lot 2 of Section 8, Township 6 South, Range 91 West of the 6th Principal Meridian, Garfield County, Colorâdo, more particularly described as bllows: Beginning at the Northeast Corner of said Section 8, being a one-half inch iron bar with a cap, thence South 89.42'05" West 3203.55 feet along the Northerly line ofsaid Section 8 to the True Point of Beginning; thence South 03'30'39" East 452.17 feet to the centerline ofCounty Road f335; thence along the centerline of sa id county ræd the following courses and distances: thence North 89'35'00" West 38.05 fuet; thence 138,59 feet along the arc of a curve to the left, having a central angle of 17'17'56", a radius of 459.01 fuet; thence 243.26 feet along the arc of a curve to the right, having a central angle of 52'38'09", a radius of 264,80 fee! thence North 54"14'48" West 292.58 feeÇ thence 152.07 feet along the arc of a curue to the left, having a central angle of 19'36'43", a radius of 4¿14.27 feeq to the Westerly line of said Government Lot 2, thence leaving said county road North 00"18'09" East 191.25 fæt along the Westerly line of sâ¡d Lot 2 to the Northerly line of said Section 8; thence North 89'42'05" East 751,14 feet to the True Point of Beginning. 8y acceptance of this indemnity BOCC agrees thât their rights to pursue any act¡on shall be subrogated to Commonwealthshouldanyclaimariseorlossoccurunderthetermsofthisindemnity. Anyfailuretosubrogate or any failure to timely notify Commonwealth of a claim or loss shall release Commonwealth from liability under this ¡ndemnity to the extent Commonwealth is damaged by such failure. Sincerely, ?atrí.cfr. ?. ßurt¡efl' Patrick P. Burwell President Glenvood Springs Bnnch 1322 Grmd Ave¡ue Glenwood Springs. Colorado 81601 Telephone: (97O) 945-4444 Facsirnile: (97 O) 9 45 -4449 Cm¡mmqreal'h Tiib Cmpæy dGaúeJd Colrty, Inc. 127 Eâst 5rh Stræt Ril]e, Colo¡ado 31ó50 Telephone: (970) 625-330Û Facsimile¡ (970) 625-3305 April14,2O2O Glenn Hartmann County Planning Division of the Community Development Department Glenwood Springs, Colorado 81601 Re: Schultz 5ubdivision Exemption; CTCGC File No' 1912011 Dear Glenn: We have facilitated the payoffof the Note sæured by the Deed ofTrust from Ronald L. Nadon and lGren L' Nadon to the publ¡c Trustee of Garfield County for the use of Pioneer Bank showing an original amount of 54L0,0æ.00, dated December 23,2OIL and recorded December 29,2OIl as Reception No. 8L2537 (NOTE: By instrument recorded April 27, 2018 as Reception No. 905917, sa id Deed of Trust was assigned to Mortga8e Electronic Registration Systems, lnc.) We have sent a confirmation notification to the current lienholder that remittance of ttre fun¿s have been tendered contingent upon their ability to secure a Release of Deed of Trust properly executed by the current beneficiary, executed bythePublicTrustee, anddulyrecorded inGarfield County, Colorado, to fully release the Deed of Trust recorded in the office of the Clerk and Recorder as Reception No' g!2537, ln accordance with C.R,S, 38-95-f24, Chase, as the holder of the indebtedness shall, within ninety days after the satisfaction of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents, record with the appropriâte clerk and recorder the documents necessary to release or satisfu the lien of ræord or, in the case ofan indebtedness secured by a deed of trust to a public trustee, file with the public trustee the documents required for a release as prescribed by sect¡on 38-39-102. I have updated our commitment to remove the above referenced deed of trust from Schedule &Section 2' As we discussed, Commonwealth Title Company of Garfield County, inc., (hereinafter Commonwealth) hereby indemnifies the Board of CounÇ Commissioners of Garfield County (hereinafter BOCC) against loss they may sustain in connection with approving the Plat w¡thout subordination and consent from the current holder of the indebtedness evidenced by the above referenced dæd of trust. This letter of indemnity is limited to the following described property: A parcel of land situated in Government Lot 2 of Section 8, Township 6 South, Range 91 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at the Northeast Corner of said Section 8, being a one-half inch iron bar w¡th a cap, thence South S9J4Z'O5i' West 3203.55 fæt along the Northerly line of said Section 8 to the True Point of Beginning; thence South 03.30'39" East 452.17 feet to the centerline of CounÇ Road #335; thence along the centerline of sa id coun\ road the following courses and distances: thence North 89'35'm" West 38.05 fte! thence 138.59 feet along the arc of a curve to the left, having a centra I angle of 1717'56", a radius of 459.01 leeq thence 243'26 feet along the arc of a curve to the righ! having a central angle of 52'38'09", a radius of 264,8O feet; thence North 54'14'¿18" West 292.5g fæ! thence 152,07 feet a long the arc of a curve to the left, having a central angle of 19'36'43", a radius of 4M.27 feet;to the Westerly line of said Government Lot 2, thence leaving said county road North 00'18'09" East 191,25 feet along the Westerly line of sid Lot 2 to the Northerly line of said Section 8; thence North 89"42'05" East 751,14 feet to the True Point of Beginning' gy acceptance of this indemnity BOCC agrees that their r¡ghts to pursue any action shall be subrogated to Commonwealthshouldanyclaimariseorlossoccurunderthetermsofthisindemnity. Anyfailuretosubrogate or any failure to timely notify Commonwealth of a claim or loss shall release Commonwealth from liability under th¡s indemn¡ty to the extentCommonwealth is damaged bysuch åilure' Sincerely ?atricþ. 'P. 'tsunue{l' Patrick P. Burwell President Recorded slmuftanÈoush/ w¡th the Amended Final Plat of Pârcels c and D of the Schult¿ Subdivision ExemptÎon, Recorded ãt Reception No'-- Glenwood SpringY Bnnch 1322 G¡md,{venue Glenwood Sprir:gs. Colorado 81601 Telephone: (970) 945-4444 Facsinrile: (97O) 945'4449 Lienhglder Cqnsent and 5ubordination The undersigned, being the Beneficiary under a Deed of Trust granted by the ,oYi"lt)i9on the real property platted and divided as shown upon the Amended Final Plat of Parcels c & D of the schultz Subdivision Exempilon (the plat.), ce|tifiesthatthe undcrsigned has reviewedthe Plat, anrf hythis certification hereby consents to said Plat and to the recording thereof' Beneficiary further consents'to said Plat as stated in the certificate of dedication and ownership executed by the owner{s) thereon' and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made' 'La"v or tæ8)u .,20a{)EXECUTED this . A.D lØ-g¡t f ürlroy\r CIf CO t¡s |:>L!¡r¡¡4 Lienholder Name Lienholder Signature Printed Name srATE OF COLORADO ) ss couNTY OF GARFIELD ) The ing Lienholder Consent and bordination was acknowledged before me this 7J ¿^V ot rego .il A.D.,20!L by ó €\¡t My commission exPires ¡Õ ao?-j Witness my hand and official seal' Notary Public Lienholder: ** This Lienholder consent and subordination is recorded simultaneously with and incorporated hereto as part of the Finat ptan Amend nentor qfrvoult¡l(t M€pWTEusT., recorded as reception number q058Vz ln the Garfield County, Colorado Clerk and Recorder records' ADAM GOSENCA NOTARY PUBLIC STATE OF cofSÈHTllo 20154040042NOTARYID 2423MYCOMMISSIONEXPIRESOCTOBERI, PDF created with pdfFactory trial version www.pdffactory,com Lienholder Consent and Subordination The undersigned, beingthe Beneficiary undera Deed of Trustgranted bythe Owner(s)uponthe real property platted and divided as shown upon the Amended Final Plat of Parcels C & D of the Schultz Subdivision Exemption (the Plat), certifies that the undersigned has reviewed the Plat, and by this certification hereby consents to said Plat and to the recording thereof. Beneficiary further consents to said Plat as stated in the certificate of dedication and ownership executed by the Owner(s) thereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. EXEcuTED th¡s 4{{A ¿ay ot V\A"l C,h , A.D.,zoz¿o. f" [i u fv\cCo N,l'þ Lienholder Name holder Signature Printed Name Flo r td-4 STATE OF€€ÈER*ÐO SS ÐøúaI couNTY oF €ÊRrËtD ) The foregoing Lienholder Consent and Subordination was acknowledged before me this l*h daV of tv\a"rcln , A.D.,2oþ,by ùutr L fvtcCornt¿e My commission expires 7à Witness my hand and officialseal. (sEAL)(a"nur¡ GO l/csn Notary Public Lienholder: ** This Lienholder Consent and Subordination is recorded simultaneously with and incorporated hereto aspartoftheFinalPlanAmendmentof,recordedasreception number ln the Garfield County, Colorado Clerk and Recorder records. dffi Jeaney Golden NOTARY PUBLIC STATE OF FLORIDA Comm# GG168829 Expiroß 41612022 PDF created with pdfFactory trial version www.od ctorv.com C-æ¡mm\ÃæahTith Conpmy dGadeld Cunty' krc. 127 E¿st 5!h Stræt Rirìg Colorado 81650 Telephone: (970) 625-3300 Facsimile: (97 0) 625-5305 AprilL4,2O2O Glenn Hartmann County Planning Division of the Community Development Department Glenwood Springs, Colorado 816O1 Rei Schultz Subdivision Exemption; CTCGC File No' 1912011 Dear Glenn: We have facilitated the payoffof the Note secured by the Deed ofTrust from Ronald L Nadon and lGren L. Nadon to the Public Trustee of Garfield County for the use of Pioneer Bank showing an original amount of 5410,000.00, dated December 23, 2OII and recorded December 29, zOtL as Reception No. 812537 (NOTE: By insùument ræorded April 27,20],8 as Reception No. 905917, said Deed of Trust was assigned to Mortgage Electron¡c Registration Systems, lnc.) We have sent a confirmation not¡ficãtion to the current l¡enholder that remittance of the funds have been tendered cont¡ngent upon their abiliÇ to secure a Release of Deed of Trust properly executed by the current beneficiary, executed by the Public Trustee, and duly recorded in Garfield CounÇ, Colorado, to fully release the Deed of Trust recorded in the office of the Clerk and Recorder as Reception No. 812537, lnaccordancewithC,R.S.3S-35-l24,Chase,astheholderoftheindebtednessshall,withinnineÇdays after the satisfaction of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents, record with the appropr¡âte clerk and recorder the documenb necessary to release or satisfo the lien of record or, in the case of an indebtedness secured by a deed oftrust to a publ¡c trustee, file with the public trustee the documents required for a release as prescribed by section 38-39-102. I have updated our ommitment to remove the above referenced deed of trust from Schedule B-Section 2. As we discussed, Commonwealth Title Company of Garfield Count¡ lnc., (hereinafter Commonwealth) hereby indemnifies the Board of County Commissioners of Garfield County {hereinafter BOCC) against loss they may sustain in connect¡on w¡th approving the Plat without subordination and consent from the current holder of the indebtednessevidencedbytheabovereferenceddeedoftrust. Thisletterof indemn¡tyislimitedtothefollowing described property: A parcel of land situated ¡n covernment Lot 2 ofsection 8, Township 6 South, Range 91 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning åt the Northeast Corner of said Section 8, being a one-half inch iron bar with a c¡p, thencê South 89'42'05" West 3203.55 feet along the Northerly line of said Section 8 to the True Point of Beginning; thence South 03'30'39" East 452.17 feet to the centerline of CounÇ Road #335; thence along the centerline of sa id county road the following courses and distânces: thence North 89'35'0O" West 38.05 fuet; thenæ 138.59 feet along the arc of a curve to the left, having a central an gle ol I7'L7'56", a radius of459.01 fuet; thence 243.26feetalongthe arc of a curve to the righ! having a central angle of 52'38'09", a radius of 264.8O feet; thence North 54'14'48" West 292.58 feet; thence l52.0Tfeetalongthearcofa curvetothe lefÇ havinga central angle of 19'36'43", a radiusof 444.27 Íeet; to the Westerly line of said Government Lot 2, thence leaving said county road North @'18'09" East 191.25 feet along the Westerly line of said Lot 2 to the Northerly line of said Section 8; thence North 89"42'05" East 751.14 feet to the True Point of Beginning. By acceptance of this indemnity BOCC agrees that their rights to pursue any action shall be subrogated to Commonwe¿lth should any claim arise or loss occur under the terms of this indemnity. Any failure to subrogate or any frilure to timely notifo Commonwealth of a claim or loss shall release Commonwealth from liability under th¡s ¡ndemn¡ty to the extent Commonwealth is damaged by such fuilure. Sincerely, ? a t ri.c ñ..'P. B unu e [l- Patrick P. Burwell President Glenwod Springu Bnnch 1322 Grmd Avenue Glenwood Sprirgs. Colorado 81601 Telephorre: (970) 945-{444 Facsiniler (97 0) 945-4449 Commq¡eaf+¡ Tith Cønpæy dGadeld CourE, krc. 127 E¿st 5rh Stræt Ritle, Colorâdo B1ó50 if elephone (970) 625-3300 Facsimile: {97 0) 625-3505 April74,2O2O Glenn I làrtnì¡nn County Planning Division of the Community Development Depârtment Glenwood Springs, Colorado 81601 Re: Schultz Subdivision Exemption; CTCGC File No. 1912011 Dear Glenn: We have facilitated the payoffof the Note sæured by the Deed of Trust from Ronald L. Nadon and lGren L. Nadon to the Public Trustee of Garfield County for the use of Pioneer Bank showing an original amount of $410,m,00, dated December 23, 2OI! and recorded December 29, 2O7l as Recept¡on No, 812537 {NOTE: By instrument recorded April 27,2018 as Reception No. 905917, said Deed of Trust was assigned to Mortgage Electronic Registrat¡on Systems, lnc.) We have sent a confirmatiÕn notification to the current lienholder that remittance of the funds have been tendered contingent upon their abiliÇ to secure a Release of Deed of Trust properly executed by the current beneficiarç secuted bythePublicTrustee, anddulyrecorded inGarfield County, Colorado, to fully release the Deed of Trust recorded in the office of the Clerk and Recorder as Reception No. 812537, ln accordance with C.R.S. 38-35-!24, Chase. as the holder of the indebtedness shall, within ninety days after the satisfaction of the indebtedness and receipt from the debtor of the reamnable costs of procuring and recording the release documents, record with the appropr¡ate clerk ¿nd recorder the documents necessary to release or satisfy the lien of record or, in the case of an indebtedness secured by a deed of trust to a publ¡c trustee. file with the public trustee the documents required for a release as prescribed by section 38-39-102. I have updated our commitment to remove the above referenced deed of trust from Schedule B-Section 2. As we discussed, Commonwealth T¡tle Company of Garfield County, lnc., (hereinafter Commonwealth) hereby indemnifies the Board of County Commissioners of Garfield County (hereinafter BOCC) against loss they may sustain in connection with approving the Plat without subordination and consent from the current holder of the indebtednessev¡dencedbytheabovereferenceddeedof trust. Thisletterof indemnityislimitedtothefollowing described property: A parcel of land situated ¡n Government Lot 2 of Section 8, Township 6 South, Range 91 West of the 6th Principal Meridian, Garfield C-ounty, Colorado, more particularly described as follows: Beginning at the Northeast Corner of said Section 8, being a one-half inch iron bar with a cap, thence South 89'42'05" West 3203.55 feet along the Northerly line of said Section 8 to the True Point of Beginning; thence South 03'30'39" East 452.17 feet to the centerline of County Road f335; thence a long the centerline of said county road the following courses and distances: thence North 89'35'00" West 38.05 fueq thence 138.59 feet along the arc of a curue to the left, having a central angle of 17"17'56", a radius of 459,01 fueq thenæ 243.26 feet along the arc of a curve to the righ! having a central angle of 52"38'09", a radius of 264.80 feet; thence North 54"14'48" West 292.58 fæ! thence 152.07 feet a long the arc of a curve to the left. hav¡ng a central angle of 19"36'43" , a radius of 444.27 feet; to the Westerly line of said Government Lot 2, thence leaving sa¡d county road North 00"18'09" East 191.25 feet along the Westerly line of said Lot 2 to the Northerly line of said Section 8; thence North 89'42'05" East 751.14 feet to the True Point of Beginning. By âcceptance of this indemnity BOCC agrees thât the¡r rights to pursue any âction shall be subrogated to Commonwealthshouldanyclaimariseorlossoccurunderthetermsofthisindemnity. Anyfailuretosubrogate or any failure to timely notify Commonwealth of a claim or loss shall release Commonwealth from liabili\ under this indemnity to the extent Commonwealth is damaged by such hilure. Sincerely, ?atricþ ?. Buru'e{l' Patrick P. Burwell President Recorded simultaneously w¡th the Amendêd F¡nal Plåt of Parce¡5 c and D of the Schultz subdivis¡on Exemption, Recorded at Recept¡on No. - Glenwood Spdngs Branch 1322 Grmd Ave¡ue Glenrvood Springs. Colorado 81601 Telephone: (970) 945-.1444 Facsirnile: (97q 945-4449 Glenn Hartmann From: Sent: To: Subject: Glenn Hafimann Thursday, April 1 6, 2020 10:59 AM Kelly Cave FW: IExternal] Hi Kelly: Here is the text that I will be hand lettering on the Schultz Plat. Just thought l'd follow-up with you on the details. Under the two Lienholder Consents that have separate documentation I will add the wording, "See Lienholder Consent Form, recorded at Reception No Under the Lienholder Consent for the loan that was paid off I wíll add the wording., "See Commonwealth Title Company of Garfield County Payoff and lndemnification Letter, dated 4/t4/20 and recorded at Reception No I will also label the Lienholder Consent Certificates on the plat to reference Lot C and Lot D as appropriate. I will do the lettering today, prior to submítting the plat to Jean Alberico. I will also include with the plat the oríginals of the Lienholder Consents. That ís the latest. Please let me know if you would like me handle this any differently. Thanks very much for your help wíth thís one. Glenn. Glenn Hartmann Principal Planner 970-945-L377 x!570 Gha rtmann @ga rfiel d-cou nty.com 1 Stephenr. Reoordct ', BEFORE THE BOARD. OF COLINTY COI'ÍMISSTONERS OF GARFÍÊLD COITNTY, CoLORAD0 RESOLUT roN 78 - qc WHEREAS, Gar^y L. Schultz has petitioned tbe Boa::d of County CornmÍssionens of Ga::field County, Colorado, fon an exenrption f:rorn the definition of the terms "subdivision'r and "subdivided l.ltdt' , r¡nder C.R.S. 1973, 30*28-101 (10) (a)-(d) as arnended, and the Subdivision Regll¿1!6n" of Ga¡'field County, Colorado' adopted Septemben L, Ig72 and amended ,{pril 14, 1975, Sections 1'02'17 (d) and 3.02.0f, fon the division of 75.5 acne tract into two (2) tracrs of app::oxinately twenty-eight (28) acres eaeh (hereinaftór3 tracts ,rA,,and,,B,,), and two (2) tracts of approxinatel-]'ten (10) ac¡es each (hereinafrer tracts trctt and r'þr'), more on ì-ess, and said 75.5 acre tnåct j-s more parLicularly desenibed as follows: Section 8. Iot 1(3?.00), 2(38.50)- A tract of l'leandèt: land in N;¿Nl: Containing 7.15 acres. Beginning at a point at the Centen of the Colo¡"ado River and the l'lest line of lot 2 extendedo thence al-ong Center of Rive¡ ì¡. 88036 I E. t+65t l'l/L, thence S' to S- ì'leanden line thence following S. I'feanden líne acnoss the lots I € 2 thence N. to Point of Beginning' 82.65 acres. I,|HEREÂS, the Petitiqner has demonstlrated to N. tine of Total of the satisfaetion of the Ëoand nf County Commissioners of Gar:field County, Colo::ado, : thAt he desi::es said exemption for the pur"pose of resale of saicì tracts into single-famiJ-y residential acreage, and; '|{HERÉAS, the Petifioner. has demonstrated to the satisfaction of the Board of county commissioners of Garfield' coloÌ'ado' that ' the::e is a neasonable probability of locating domestic t¡ate:: o¡ eaclr ; . . :'- ,. _.. :, 1,,.:.::_, of said tracts, that there is adequate íngress and egl:ess to saíd , - r'',..; t, .",'':"'::' tracts, that the l-ocation of septic tanks r.till be permitted by tlre . . t, t, -, Colo:raclo Department of Ijealth, that the r:eguested division is in ' .',' ' , -',t.i,'..,: _:. .,_ .. accordance r+ith the general purposes and intent of the subdivision Regulations of the State of Colorado and the County of Garf'íeld,. ' .1 , t '., . --,,-,: 1' and should, thenefore, be exemptecl f¡om the definition of the tel:ms ,,. ,-i.r:.-,,",:,-.-..: ' ' ' :' --'_'ì:_i' l1'': rrsubdivisionn and ,'subdivided landt? as Set forrth i.n C.R.S. 19?3,, 't,' , '.,',',:, :i: .. i.'.';,.1 ,.î., ... ,,.,.- :;;,--,. .,_-::.,1 30-zB:101 (i.O) (a)-(d) as amended; . '- ' ' .'.,:';'.:: ,;,,.-r;¡:.;i NOVJ, THEREF'RE,.upon the motj.on of'Fiaven J, Ceri-qó, s119lded,.t'y..,..'..,; .,-,'-,.'..r:...-..,.,. GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.5. (1973) Sectjon 30-28-101 (10) (a)-(¿) as amenrled, anrl the Subdivision Reguìations of Garfie'ld County, Colorado, adopted September I' L972 and amended April 14, 1975, Section 1.02;17 (d) and 3.02.01 the under- s ì gneo respectfuììy petÍtíons the Board of County Commissioners of 6arfield County, Colorado, to exempt by resoìution the division of 75 4 acre tract of 'land into tracts of approximately 2 - 28 acres acres each, z - ru acres more or less, and which tract to be subdivided is more particularìy descríbed as fo] lows: BEFoRE # roo*o 0F couNÍY coMMIssIoNERsÇ (legal description - attach separate sheet if addítionai space is required) 6-9 I Lot 1(37.00 38. 50 A trâct of Meander land ln NLNIÍ Containine 7.152 acres. Beglnning at a Po l-nÈ at the CenËer of the Colorado River and the l^Iest l1ne of 1ot 2 extended,thence along Center of River N 880 36' 8..465t M/L, thence s. to s. Meander 1íne thence fo11^owíng S. Meander line across the N' line of lots 1 & 2 thence N. t o-Polfñl ıfTes f nñ-Iñg:--Tı-Eãl -of ð2.b5 acres. from the definitions of "subdivision" and "subdivision land" as the tenns are used and defined in C.R.S. (1973) Sectjon 30-28-101 (a) - (d) and the Garfield County Subdfvisìon Regu'latÍons, for the reasons stated below: DurDose of sellíne t hree (3) of these 1s and retâinínsFor the build OI^tn hOme . In support of thÍs petition the petitioner also submits the followino: (a) Map drawn to scale shol'rínq proposed lot subdivisíon and(b) vícinity Map.(c) Staternent on source(d) Statement on method(e) 100 year flooclplain live stream crosses accesS. of domestic water. of sewage disposal. information where or adjoinsrsaid tract. (f)Fee in the amount of $ Submitted at Glenwood Spríngs, Colorado, this I day o ner f September 183-. 4 /--/"< Holi¿av l,¡est RealEv. Inc. Mailing Address 5 1359 6e24 Springs, CO [e]ephone Number RICHARD D. LAMM Governor oo "*il,r^r,Jo*^- o C.J. KUIPER State Engineer DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Admin istret¡on (303) 839-3581 Ground Water (3O3) 839-3587 September IZ, I97B Ms. Stephanie Andreasen, Assistant Planner GarfÍeld County PlannÍng Department 2014 Blake Avenue Glenwood Springs , CO Bi 60I Re: Ballard, Murr and Schultz Ëxemptions Dear Ms. Andreasen: We have reviewed the above referenced applications for exemption from County subdivision regulations. All of the proposals will rely on individual domestic wells for the water supply. Our Ground Water Section has indicated that permits for domestic wells could be issued for these parcels as situated and we recommend approval of the Ballard, Murr and Schultz exemptions. Very truly y CL Jeris A. Danielson ty State Engineer JADrlGDV:mvf Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. cc o o o e/ol rttr I (ïÐ 'v9€7_ ù . ,l I ! Vltl; ì.r1 I Or oo c{t- È tNlVJNnOt^l ÐNtJ, WdÙlst ri ,': .. ù I-a- '/'..r {"^"'' i\-J f, I I 1 ! itl ,l i, t.ì. 'i\\ ,'Ìi. :t 't i ,i I i..: ìl I rd '= ""ì" | \lj' t, ' , i' -.. . ı, '{ I ',3 ¿ I"ì.,. 1.'1 ,l-ì lt."tv I ilïi t''l i; i ; I ) {_. -'l ,l il '1.) I I\' ) -r-(t.. .- I( I I )i'*) \