HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department JUL 1 [UUU6
108 8th Street, Suite 401 GARFIELD COUNTY
Glenwood Springs, Colorado 81601 BUILDING & PLANNING
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
RECF,JVED
Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
D Street Address / General Location of Property: 162 Bristlecone Dr., Carbondale,
CO 81623 / Lot 26, Blue Creek Ranch PUD.
D Legal Description: Lot 26, Blue Creek Ranch PUD, see attached Title Commitment
D Existing Use & Size of Property in acres: Vacant Single Family Residential Lot,
0.714 acres
Description of Special Use Requested: A Floodplain£peeie'l6ee-Permit for a
Driveway Hammerhead.
➢ Zone District: _PUD
D Name of Property Owner (Applicant): Blue Creek Land Holdings, LLC
D Address: POB 1627 Telephone: 704- 9007
D City: Basalt State: _CO_ Zip Code: 81623_ FAX: 704-9006_
D Name of Owner's Representative, if any (Attorney, Planner, etc):
_Gavin Brooke, Land + Shelter
D Address: 580 Main St., Ste 310/ POB 550_ Telephone: 963-0201
D City: _Carbondale State: CO_ Zip Code: _81623_ FAX: _963-0289
STAFF USE ONLY
D Doc. No.: Date Submitted: TC Date:
D Planner: Hearing Date:
APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (i.e. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
2. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1:24,000 scale quadrangle map will suffice.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject property and public and private landowners adjacent to your property (which should be
delineated). In addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from
the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in your title policy under Exceptions to
Title).
6. Submit a copy of the deed and a legal description of the subject property.
7. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. Submit an statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-countv.com/building and planning/index.htm, or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest
in the subject property at least thirty (30) but not more than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In
addition, the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
have read the statements above and have provided the required attached information
which is correct an ccurate to the best of my knowledge.
a ure of applicant/owner) Last Revised: 02/2006
Floodplain espe,e.eittl-U.c Permit
Application Submittal Requirements
07.20.06
1. Narrative Special Use Request, please see Sopris Engineering's "Application for
POPP 1214V141vaiS. Lral U.c' Permit For Construction Of Driveway Hammerhead Turnaround On
A Portion Of A Parcel Of Land Within The 100 -Year Flood Plain/ Floodway"
dated 07.19.06
2. No Water Use associated with the proposed greeifti Use.
3. Site Plan, see 4. Appendix A, "Lot 26, Work in Floodplain Exhibit A" drawing
dated 07-19-06 by Sopris Engineering.
4. Vicinity Map, see 4. Appendix A, "Lot 26, Work in Floodplain Exhibit A"
drawing dated 07-19-06 by Sopris Engineering.
5. Garfield County Assessor's Map, and list of all property owners within 200',
please see 5. Appendix B.
6. Deed and legal description, please see Stewart Title Title Commitment in
Appendix C.
7. Acknowledgement of Agency, see 9. Certificate of Authority also on file with
Garfield County Clerk + Recorder.
8. Criteria from Section 5.03 of the Zoning Regulations.
1. No utilities required for proposed use.
2. No additional traffic generated by proposed use.
3. Special use driveway conforms with all design guidelines
from the Blue Creek Ranch Design Review Committee.
9. Additional Review standards from Garfield County Zoning R of i n ,A,� �ti,,�,
6.09.01 addressed in Sopris Engineering's "Application for 5� �Fermit
For Construction Of Driveway Hammerhead Turnaround On A Portion Of A
Parcel Of Land Within The 100 -Year Flood Plain/ Floodway" dated 07.19.06.
10. Check for $400, attached to signed "Agreement for Payment" form.
11. Three printed copies and one CD with complete documents submitted.
July 19, 2006
fL oPF 1 VtVE1OPMEWT
APPLICATION FOR SPECIAL USE PERMIT
FOR CONSTRUCTION OF DRIVEWAY HAMMERHEAD
TURNAROUND ON A PORTION OF A PARCEL OF LAND
WITHIN THE 100 -YEAR FLOOD PLAIN/FLOODWAY
Representatives:
Sopris Engineering LLC
502 Main Street, Suite A3
Carbondale, Colorado, 81623
Paul Rutledge
Design Engineer
Mark A. Butler, PE
Project Manager
Land + Shelter
580 Main Street, Suite 310
P.O. Box 550
Carbondale, Colorado, 81623
Property Owner:
Blue Creek Land Holdings, LLC.
P.O. Box 1627
Basalt, CO 81623
Applicant: Blue Creek Land Holdings, LLC.
SE Job No. 26140.01
July 19, 2006
Page 2
noop Pc#N poor .vPugur-
APPLICATION FOR SPECIAL USE PERMIT
FOR CONSTRUCTION OF DRIVEWAY HAMMERHEAD
TURNAROUND ON A PORTION OF A PARCEL OF LAND
WITHIN THE 100 -YEAR FLOOD PLAIN/FLOODWAY
Property Owner
Blue Creek Land Holdings, LLC.
P.O. Box 1627
Basalt, CO 81623
Property Location: The subject property is located in Section 31, Township 7 south, Range 87
West of the 6'h' P.M. in Garfield County at Lot 26, of the Blue Creek
Ranch Subdivision.
PlsoDPiArg
Request for Approval:(a) A 31.,.�idl UAL Permit for construction of a driveway hammerhead
turnaround in the delineated floodplain/floodway ajacent to the lot 26
building envelope. The limited area of of encroachment is associated with
the proposed residential development on this lot.
construction in accordance with Garfi
Supplementary Re
SUMMARY OF REQUESTS
pisegkomor
The applicant is requesting a �tsepermit in order to construct a small portion of proposed
residential driveway improvements within the delineated floodplain/floodway on lot 26, Blue
Creek Ranch subdivision. The finish grades of any placed fill associated with the portion of the
driveway placed within the floodway area will be at or below the existing grades The work will
involve the construction of approximately 347 S.F. of aggregate or concrete driveway surface
adjacent to the platted building envelope and the established FEMA flooplain/floodway line.
The area will be an extension to the proposed driveway for use as a hammerhead turnaround.
The encroachment area is extremely small and allows for the preservation of existing vegetation
on the lot. The limited area will be grubbed and excavated as needed for the placement of
adequate aggregate base material and optional concrete slab, typical for driveway construction.
The finish surface grades of this portion of the driveway will be at or below the pre construction
existing grades. Therefore the existing floodway will be maintained with 0 -rise of flood levels
and velocities. No adverse effects will result from the construction. All disturbed area on the
site and within the encroachment area will be stabilized and revegetated.
EXISTING CONDITIONS AND FLOODPLAIN
The site elevations on the attached site plan are referenced to the 1988 vertical datum. The
elevations shown on the FEMA FIRM mapping are referenced to the 1929 vertical datum.
therefore elevations delineated in this report and the attached plan include the equivalent 1929
elevation in parenthesis with a difference of 4.22 vertical feet "site E1.(firm El.)".
Applicant: Blue Creek Land Holdings, LLC.
SE Job No. 26140.01
July 19, 2006
Page 3
The proposed improvements will occur along the a portion of the eastern building envelope as
defined by the established FEMA flooplain/floodway line the subject property. The affected area
is relatively flat with existing grades along this line, between 6281.5(6277.2) to 6281.8(6277.5)
per the site elevation datum and equivalent FEMA elevation datum respectively. The 100 -year
floodplain elevations at the most upstream point within the encroachment is at an approximate
elevation of 6281.9(6277.7). All driveway improvements will result in finish grades equal to or
lower than existing grades. The floodplain information has been derived from the FEMA FIRM
map, comunnity-panel number; 080205 1880 B, dated 1/3/86.
The Regulations with respect to the flood plain require a eefee�'+hiise.permit for "any use to
be developed in the flood plain." Garfield County Zoning Resolution, § 6.08.01. A portion of
the Applicants' proposed construction and uses are inside of the mapped 100 -year flood plain. A
portion of the proposed driveway improvements are within the 100 year plain and floodway;
therefore the construction with appropriate stabilization and no net increase in fill is applicable
under the Floodplain Regulations.
USACE PERMITTING
The proposed construction does not involve the placement of any structures or materials that will
adversely affect the existing flood hydrology or impact any delineated wetlands. No disturbance
of wetlands or existing floodplain conditions is proposed or applicable. Therefore no USACE
permitting is required.
CONSTRUCTION ACTIVITIES IN THE FLOODPLAIN
Section 6.00 of the Zoning Resolution permits construction as discussed herein. Because
a portion of the proposed improvements on the site is impacted by the 100 -year flood plain,
Applicants herein address the flood plain regulations.
Section 6.09.01. The applicable maps do identify that a portion of the improvements are within
the 100 -year flood plain and floodway adjacent to the platted building envelope. The limited
encroachment into the established floodplain/floodway zone adjacent to the Lot 26 building
envelope is for the construction of a hammerhead turnaround driveway extension only. The
construction activities are limited to a 347 S.F. area. The proposed construction is limited to the
placement of aggregate base material and concrete slab, typical of driveway construction. The
applicants intend to perform cut, replacement fill and erosion protection activities in this area off
the edge of the building envelope without any increase to existing grades. No construction
activities are proposed that will restrict or otherwise adversely impact the current flood flow
conditions.
No storage or diposal of any materials is proposed within the encroachment area. No placement
of any permanent or temporary structures is proposed within the encroachment area.
Section 6.09.01. The limited encroachment into the established floodplain/floodway
zone adjacent to the Lot 26 building envelope is for the construction of an aggregate base and
concrete slab driveway extension only. The construction activities are limited to a 347 S.F. area.
Applicant: Blue Creek Land Holdings, LLC.
SE Job No. 26140.01
July 19, 2006
Page 4
Section 6.09.02. The proposed limited construction improvements within the
floodplain/floodway do not include any building or other structures. The proposed driveway
surface will not be impacted by flooding. The graded driveway portion within the floodplain will
be relatively flat and will match the existing grades. No utilities will be located within the
encroachment area. Only typical aggregate based materials and a concrete slab will be placed,
compacted and conditioned within the encroachment area. The finsh construction will be
resistant to flood damage. No water or sanitary service is proposed within the encroachment area.
No standard residential or pre manufactured residential structures or improvements to structures
are proposed within the limited 347 S.F. encroachment area.
3 The Special Use Permit Application is being submitted i-fice'tr"
the requirements and proce • ures • _ - • • ' 0_ : - - ar ie- ld County Land Use
Code. The information co narrative and the attac e• ex ' •' : - . - - . - I • -s are
f• _ _ • sporting the application.
There will be no hours of operation or additional vehicles accessing the site following the above
described improvements. There will be no negative impacts to the subdivision and adjacent
properties as a result of these improvements.
Applicant: Blue Creek Land Holdings, LLC.
SE Job No. 26140.01
July 19, 2006
Page 5
APPENDICES
The following documents are appended hereto:
Appendix "A" —Exhibit A - Site plan, Profile, Vicinity Map, 1986 FEMA Flood Study Maps
Appendix "B" — Assessor's Map
Appendix "C" — Deed
Appendix "D" — List of Adjacent Property Owners
July 10, 2006
stewart
title of colorado
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Order No.: 20060745
Address: 162 Bristlecone Drive
Blue Creek Land Holdings, LLC to AMD Investors, LLC
Thank you for using Stewart Title!
In connection with the above Order Number, please find attached the following:
TITLE COMMITMENT: X
Please direct all CLOSING questions to:
Please direct all TITLE questions to:
Buyer:
Buyer's Agent:
Seller:
Seller's Agent:
AMENDED COMMITMENT.:
ANN BURNS BICKLEY
Phone: 970-704-1000
E-mail: ann.bickley@stewart.com
Fax: 970-704-0205
SUSAN SARVER
Phone: 970-945-5434
E-mail: susarver@stewart.com
Fax: 970-945-7081
AMD Investors, LLC via UPS Overnight
Brian T. Sherry ® Brian T. Sherry via briantsherry®a aol.com
Blue Creek Land Holdings, LLC via gavinbrooke@comcast.net
Ryan Anslyn @ Mason & Morse Real Estate via roan@snslvn.com
SCHEDULE B EXCEPTION DOCUMENTS HAVE BEEN SENT TO: Already Sent
PLEASE READ CAREFULLY
1. This is a Commitment to issue one or more policies of title insurance in our Standard
Form when the Requirements set forth in the Commitment have been satisfied.
2. Only the policies shown are committed to. If there are any changes in the transaction,
order an endorsement from us. Stewart Title reserves the right to add and/or delete
Requirements and/or Exceptions accordingly.
3. The effective date shown on Schedule A of this Commitment is important. NOTHING
after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us, if
they are needed.
Please do not hesitate to contact us if we can be of further service. Thank you.
American Land Title Association Commitment — 1982
TITLE INSURANCE COMMITMENT
BY
rstewart®
.title guaranty company
Order Number: 20060745
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date
shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is
issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule 13-I.
The Exceptions in Schedule E -II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE E.
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT OR REPRESENTATION OF FACT OR
TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF
COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF THE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers on the date shown in Schedule A.
rstewart
comPanY
10.:1 tutic 11;44 i,
04
Nit 1908
fi"x+`C�
Countersigned:
Authori�ountersignature
Stewart Title of Glenwood Springs, Inc.
1620 Grand Avenue
Glenwood Springs, CO 81601
970-945-5434
Order Number: 20060745
Page 1 of 2 Commitment — 235 W/O Disclosure
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
means title records that give constructive notice of matters affecting your title — according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B — Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B —
Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment, when you have met
its Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B — Section I.
or
Eliminate with our written consent any Exceptions shown in Schedule B — Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to yqu.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us conceming the title
to the land must be based on this Commitment and is subject to its terms.
INFORMATION
The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the
basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks
to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the
transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE. COMMITMENT.
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
Order Number: 20060745
Page 2 of 2 Commitment— 235 W/O Disclosure
COMM" TENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: June 9, 2006 at 8:00 a.m.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's
Proposed Insured:
AMD Investors, LLC
(b) A.L.T.A. Loan
(Standard)
Order No.: 20060745
Amount of Insurance
XXXXXXXX
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the Fee Simple estate or interest in said land Is at the effective date hereof vested in:
BLUE CREEK LAND HOLDINGS, LLC , A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:
162 Bristlecone Drive
Carbondale, Colorado 81623
STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
SUBDIVIDER RATE APPLIED
Owners Premium
Tax Certificate (2)
$ XXXX
$ xxxx
STEWART TITLE GUARANTY COMPANY Commitment— Schedule A Order Number: 20060745
Page 1 of 2
ORDER NUMBER: 20060745
SCHEDULE A
LEGAL DESCRIPTION
Lot 26
BLUE CREEK RANCH PUD, according to the Final Plat recorded March 25, 2003 bearing
Reception No. 623535, and according to the Declaration for Blue Creek Ranch PUD recorded
March 25, 2003 in Book 1450 at Page 139 as Reception No. 623540, all in the office of the Clerk
and Recorder of Garfield County, Colorado
County of Garfield
State of Colorado
STEWART TITLE GUARANTY COMPANY Commitment— Schedule A Order Number: 20060745
Page 1 of 2
COMMI i MENT FOR TITLE INSURANCE
SCHEDULE B — Section I
REQUIREMENTS
Order Number: 20060745
•r? PI'1'I l'
NOTE: Effective September 1, 1997, CRS 30-1-406 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 inch. The Clerk and Recorder may
refuse to record or file any document that does not conform.
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and or the mortgage
to be insured must be signed, delivered and recorded.
(d)You must tell us in writing the name of anyone not referred to in this Commitment
who will get an interest in the land or who will make a loan on the land. We may
then make additional requirements or exceptions.
(e) The following additional requirements must also be met:
1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing.
2. Payment of all taxes and assessments currently due and payable, if any.
3. Deed from vested owner, vesting fee simple title in purchaser(s).
STEWART TITLE GUARANTY COMPANY
Commitment — Schedule E I
Page 1 of 1
Order Number: 20060745
COMMI I MENT FOR TITLE INSURANCE
SCHEDULE B — Section II
EXCEPTIONS
Order Number: 20060745
The policy or policies to be issued will contain exceptions to the following 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, or 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 laws 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. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
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, as reserved in United States Patents recorded June 5, 1894
in Book 12 at Page 333 as Reception No. 17568 and recorded February 19, 1915 in Book 71 at Page 603 as
Reception No. 51238.
10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United
States Patents recorded June 5, 1894 in Book 12 at Page 333 as Reception No. 17568 and recorded February
19, 1915 in Book 71 at Page 603 as Reception No. 51238.
11. Reservation of all oil and mineral rights in Deed recorded December 13, 1956 in Book 296 at Page 489 as
Reception No. 196141.
12. Declaration of Protective Covenants recorded April 7, 1969 in Book 401 at Page 28 as Reception No. 243115.
13. Water Supply and Connection Agreement recorded November 8, 2001 in Book 1301 at Page 751 as Reception
No. 591636.
Commitment — Schedule B II
Page 1 of 2
Order Number: 20060745
14. Trench, Conduit, and Vault Agreement recorded March 5, 2003 in Book 1443 at Page 513 as Reception No.
622202.
15. Any adverse matters disclosed on the Plat of Blue Creek Ranch recorded March' 25, 2003 as Reception No.
623535.
16. Subdivision Improvements Agreement Blue Creek Ranch recorded March 25, 2003 in Book 1450 at Page 87 as
Reception No. 623536.
17. Development Agreement recorded March 25, 2003 in Book 1450 at Page 103 as Reception No. 623537.
18. Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD recorded March 25, 2003 in
Book 1450 at Page 139 as Reception No. 623540.
19. Resolution No. 2004-97 recorded October 15, 2004 in Book 1631 at Page 287 as Reception No. 661765.
Commitment — Schedule B II
Page 2 of 2
Order Number: 20060745
Assessor's Map List of Adjacent Property Owners
Lot 26, Blue Creek Ranch
Flood Plain Spee:al U. Permit Application
07.17.06
Subject property
2391-314-20-026
Blue Creek Land Holdings, LLC
POB 1627
Basalt, CO 81621
Adjacent Properties
2391-314-20-020
Gary W. + Rebecca J. Anslyn
616 Hillcrest Dr.
Basalt, CO 81621
2391-314-20-021
Canyonwood Development,
LLC
353 Goose Ln.
Carbondale, CO 81623
2391-314-20-025
Rick L. Halevy
46 Equestrian Way
Carbondale, CO 81623
2391-314-20-027
Paul Egon Andersen
301 Ponderosa Pass
Carbondale, CO 81623
2391-314-20-030
David + Estela Cockrell
87 Bristlecone Drive
Carbondale, CO 81623
2391-314-20-031
Mountain Resort Trust
76 Bristlecone Drive
Carbondale, CO 81623
2391-314-20-032
Mountain Resort Trust
76 Bristlecone Drive
Carbondale, CO 81623
2391-314-20-033
Mountain Resort Trust
76 Bristlecone Drive
Carbondale, CO 81623
2391-311-20-052
Blue Creek Ranch
Homeowners Association
105 Ponderosa Pass
Carbondale, CO 81623
2391-314-20-053
Blue Creek Ranch
Homeowners Association
105 Ponderosa Pass
Carbondale, CO 81623
FIRE • EMS • RESCUE
June 28, 2006
Fred Jarman
Garfield County Building & Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Blue Creek Ranch, Lot 26 driveway
Dear Fred:
I reviewed the two proposed driveway plans submitted by Mr. Jeff Ellis. Both options meet the
requirements of the International Fire Code (IFC) for access to the proposed residence. My
preference would be for option #2, as it appears to provide an easier turnaround for larger
vehicles although none is required by code for a driveway of that length.
I again reviewed the June 17, 2002 letter from Mark Butler regarding the floodway that crosses
Bristlecone Drive. I don't see the floodway as presenting much of a problem, if any, for our fire
apparatus.
Please contact me if you have any questions or if I can be of any assistance.
Bill Gavette
Deputy Chief
cc: Jeff Ellis
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569
CERTIFICATE
OF
LANE INDUSTRIES, INC.
The undersigned hereby certifies as follows as of the date hereof:
1. The undersigned is the duly -elected, qualified and acting Secretary of Lane Industries,
Inc. (the "Corporation").
2. The Corporation is the sole general partner of Lane Investment Limited Partnership
("LILP").
3. LILP is the sole member of Blue Creek Land Holdings, LLC (the "LLC").
3. The Corporation is the sole Manager of the LLC.
4. The following resolutions were duly adopted by the Board of Directors of the
Corporation, remain in full force and effect and have not been rescinded or modified in
any manner whatsoever:
Resolved, that Gavin Brooke, as the authorized agent of LILP, is directed and
empowered to execute and deliver to any escrow agent evidence satisfactory to
such escrow agent of the release by LILP of any lien, mortgage, encumbrance or
deed of trust from any lot or other parcel of land comprising all or any portion of
the properties commonly known as Blue Creek Ranch, Carbondale, Colorado
provided the such release is in conjunction with the sale of such parcel and that
the escrow relative to such sale provides for the delivery to LILP of 100% of the
net proceeds thereof, together with executing such ancillary and supplementary
agreements, understandings, letters and undertakings as Mr. Brooke may deem
necessary or advisable in his discretion.
Resolved, that Gavin Brooke, as the authorized agent of the Corporation acting in
its capacity as Manager of the LLC, is directed and empowered to execute and
deliver such deeds, bills of sale and other documents as may be required to
close the sale of lots and other parcels of land comprising all or any portion of the
properties commonly known as Blue Creek Ranch, Carbondale, Colorado,
together with executing such ancillary and supplementary agreements,
understandings, letters and undertakings as Mr. Brooke may deem necessary or
advisable in his discretion.
1 111111 11111 111111 11111 111111111 1111111 111 11111 1111 1111
636486 09/12/2003 03:42P B1616 P331 M RLSDORF
1 of 1 R 6.00 D 0 00 GARFIELD COUNTY CO
Dated: July 7, 2003
LANE INDUSTRIES, INC.
^n recorded, relurnb: aki,t_c zt Sp-ku & n,4 LO 2' ! (C (
REC1 IV
GARFIELD COUNTY BUILDINGBGGAJF} 2A
IGN
G DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and/'' --1;><9_6)-5)--,("E
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for t-,97-- 2 G
Le-Eg%7176(-( 7142) gC( 1i 7/r.---(14C1=1"(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
Signature
Date: - 2/.06
6/14--_0( .7,(2_8p7/1
Print Name
Mailing Address: DD S.g O
Aftr (A
,c?/6Z2
10/2004
Page 4