HomeMy WebLinkAbout1.0 ApplicationJuly 30, 2009
RECEIVEI)
JUL 3 0 2009
GARFIELD COUNTY
BUILDING & PLANNING
Mr. Tom Veljic
Garfie"ld County Building & planning Department
108 8"' Street, Suite 201
Glenwood Springs, CO 81601
RE: Nieslanik Investments, LLC & Cecelia L. Nieslanik Bypass Trust Garfield
county unified Land use Resolution Text AmendmenfApplication
Dear Tom,
This letter is to certify that Nieslanik Investments, LLC & the Cecelia L. Nieslanik
Bypass Trust authorize Douglas Pratte of the Land Studio, Inc. to represent them for theGarfield county Unified Land Use Resolution Text Amendment application.
The contact address is:
Douglas Pratte
The Land Studio,Inc.
1002 Lauren Lane
Basalt, CO 81621
(970) 927-3690 phone
(970) 927-426t fax
I ar.rdstud i o2 (0c o mcast. net
Sincerely,
GARFIELD COUNTY
Building & Planning Department
108 B'n Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8 21 Z F acsimit e : 970. 3 g4 .347 O
www. g a rfie ld-cou ntv. com
REZONING: TEXT AMENDMENT
[Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing
Planned unit Development
GENERAL INFORMATTON (ptease print tegibty)
Name of Property Owner:Nieslanik lnves LLC & Cecelia L. Nieslanik Bvpass Trust
Mailing Address: Telephone: ( 970 ) 963_1391
City: Basalt State: CO Zip Code: 81621 Ceil: (970 )g4B-2102
E-mail address:FAX: (_ )
City: Basalt
E-mail address: randstudio2@comcast.net _ FAX: (_)
Specific Section of County Unified Land Use Resolution of 200g or pUD to be
amended:
F Purpose for the proposed text amendment:
ts on large rural properties utilizing the
Mailing Address: Telephone: (_gzq ) 927_3690
Add Section 7-602 Affordable Housi
Lasf Revrsed 1A29/08
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of.,real property in Garfield county who desire to 1)amend' add, or delete specific text in ilre couni/.'uniri"J l;nl ur"'ii"rolution of 2008,or 2) amend' add, or delete text of an ,ppror"i ptrrn"a Unit Development (pUD). As aminimum' specifically respond to all ilre'rbirlwing ifrc berow and atiach any additionarinformation to be submitted with thL application:
1' submit a cover letter containing a detailed narrative describing the proposedamendment to the specific text of tne county uriiri"o Land Use R"rotution or to the textof an approved Planned Unit Devetopm"nt'1nuo) I",i, narrative Jould describe theoverall purpose of the amendment and ttre speciric sections to be amended.
2' submit a copy of .the deed, legal description, and copy of the county Assessor,s Map;lTff:li,l!::nr, o*n"d ov"the npplicani'i, cr.ri"ri countv, ,,r,iir, wit be ,n".i"i
3' lf you are 1cti1o. ,r ..rn agent for the property owner, you must attach anacknowledgemenj,from the prJperty. owner trlrt-io, may act in his/her behalf. lf theproperty is owned by a corporate entity lsuch ,r ln LLC, LLLP, etc.) please submit acopy of a recorded "statement of Authoiitv';o#*strating that the person signing theapplication has the authority to act in that capacitv-io, the entity.,,
4' submit payment of the $300.00 base fee and sign the "Agreement for payment,, formand provide the fee with the application.
5'
:Ji:ffi,
provide a response that demonstrates that the request meets the foilowing
a) compliance with comprehensive Plan and lntergovernmental Agreements. Theproposed text amendment is consistent with applicabre provisions of the Garfieldcounty comprehensive Plan and any intergovernmental agreements affectingland use or development or an approved amulndm"nt to theComprehensive planprior to the decision on the text change.
b) compliance with statutory Provisions The proposed text does not confrict withState statutory provisions iegulating fanO usel'
c) lncreased .*::19:, ,The proposed use does not resutt in hazards or alter thenatural environment to an extent greater than the other uses permitted in the zonedistrict to which it woutd be added.
d) lncreased Nu.isance' The proposed use does not create more offensive noise,vibration' dust,.heat, smoke, odor, glare oioilr"r objectionable influences or moretraffic hazards than that normally ie"sulting rior-tr'.," other uses permitted the zonedistrict to which it would be added.
e) compatibility The proposed use" is compatible with the uses permitted the zonedistrict to which it would be added.
5.
6' vicinity map: An B % x 11 vicinity map rocating the parcer in the county. The vicinitymap sha' crearrv show the bounoa;;""i;; rJo;u.t piffi; ,ni ,rr properry within a
3-mire radius orirre grbjl.t Ii:r^nt, ,re map Jirr ou rt, ,iirirrm scare of 1,,=2000,showins
'n: j:n:'rr t,ipogirrli._ irg 9"og[p;-,i. ,"rriitn ;;'il# proposed rand usechanse to the surrounding";iJu for whicih-;iil; or u.s.c.s]'qrr-drrngre map may beused.
7 ' A copy of the Pre-Application conference form from the originar pre-AppricationConference.
B' submit 3 copies of this completed application form and ail the required submittarfix,: ffi5 j; JH f,Jlt : : ;:Sful*r z l,,ln:r : ":rr;,
rHHs, a o r, o n ; i ffi ;.
II. PROCEDURAL REQUIREMENTS
I3:",fJ,HlT :ii:;;,,Xi fl,?:::,f,: S[?:T Xq, l],lit,"ij,U" U n iried La nd U se
1
;'3##3-[3ilJ; ]ffi ffi?Jf3l1[i:'iars required ror text amendment are set rorth
2' Determination of completeness. The Director .sharl review the apprication forg:,:iil'il:H :1.*ge,Ui::; accordance with tne prwisi;;; #L"ction 4-103(c),
3' schedule Public,Hearing' Upon.a determination oj.grpluteness, the Director sha,schedu re the apprication %r-i"nriourrlion ;il;;' iln n ing comm iss ion.a' Pubric hearing by the pranning commission sha, be herd at th::::*ff$3'o:"t'* ot tre commission r"i *ni.i, proper notice of nearrng can be
b' Public notice
-oi
th9 h.earing shall be pubrished by the Director in a newspaper of3i[JIJJ;:',::HJ: tne ciuniv ,i L5.t]i,,iiriior carendar days prior to the date
Evaluation by Director/staff Review. Upon determination of compreteness, the Director:ffill;:H$:?:.rJ:1,",',",i [1"ffiffi=iil,l?3lare a stari report R ,t"n report
Review and Recommendation by the plannino (a m e n d m e n t s h a r r o u . o n1 i i LJ, oi i n " b",, ; ; r; ; . :, il# [], :i: p R,, $#,.ir"rl J;JIproper notice, conducted prr.rrrt'to section ;:i 0: G,'conouci o] Fffi; Hearing.a' Recommenrrt::.
^?,
planning commission. The pranning commission sha,recommend approvar, modificatii, o,. ouniui oi'irr. propo."d amendment.
4.
H
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield county, pursuant to Board of co_unty commissioners (,,Board,,) Resolution No.98-09' has established a fee structure ("8;;e F;;;i for the processing of each type ofsubdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted toan application, multiplied by an hourly ,aie roi it".," p"rronnel involved. The Boardrecognized that the subdivislon and land use uppii.rtion processing time will vary andthat an applicant.should pay ror the total .l!t ot the review irr,i.r, may requireadditional billing' Hourly triu. brr"d on the r'"riV salary, and fringe benefits costs ofthe respective positions combined with an horrrv'ouerhead cost for the office will be
;::flJ[,?33'lin tn" actual cost or countv .tln time devoted io ir"," ,"uriu* or-,
Actual staff time spent will be charged against the Base Fee. After the Base Fee hasbeen expended, the applicunt *irr ou bill;d om"J on actual staff hours accrued. Anybilling shall be paid in iull prior to final consioeration or any land ,ru p"rrit, zoningamendment or subdivision plan. lf an applicant rras previously failed to pay applicationfi:"it[:#il? # TJrTf.Jition,t apprication" *irr n" ,";;pGJ;;processins untir
checks' including th.e appropriate Base Fee set forth below, must be submitted witheach land use applicaiion, and mgde payabre io-the cairietJ County Treasurer.Applications will not be accepted without ir,.i r"qriiJo apptication fee. Base Fees arenon-refundable in full, unless a written r"qr"riioi *itoraw from the appricant issubmitted prior the initiar review of the uppri.aiion'mlieriats
Applications must ir:1y9" a payment Agreement Form (,,Agreement,,) set forth berow.The Agreement establishes ttre'a[[ti.uni ,r o"ing'[.ponsibre for payment of alr costsassociated with processing the a[plication.
. i# A!"reement must be signed by the
::::lriff:onsible for pavment and submitted with th"e apptication in order for it io be
The following Base Fees shall be received by the county at the time of submittal ofany procedural application to which such fees relate. such Base Fees shall be inaddition to and exclusive of an/ cost for punricaiitn or cost of consurting servicedetermined necessary by the goaro for ihe consioeration of any application oradditional county stari time o," "*pln.e not covered by the Base Fee, which have notothenruise been paid. b.y th_e ,pdri.rni i"-il;";;r, prior to finar action upon theapplication tendered to the Couniy.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan i Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction plat
Combined Preliminary plan and Final plat
Minor Exemption i Amendment
Major Exemption / Amendment
Rural Land Deveropment option Exemption / Amendment
General Admin istrative permit
Floodplain Development permit
Pipeline Development plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited lmpact Review / Amendment
Major lmpact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (pUD) / Amendment
Comprehensive plan Amendment
Variance
lnterpretation
Takings Determination
Planning Staff Hourly Rate. Planning Director
' Senior planner
. Planning Technician. Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$1 00
$1,075
$300 / $300
$400 / $300
$400 / $300
$250
$400
$400 / $300
$so
$2s0
$400 / $300
$525 / $400
$300
$450
$500 / $300
$450
$250
$250
NO FEE
$50.50
$40.50
$33.75
$30.00
county Surveyor Review Fee (inctudes review of Amer,
Plats, Finat Plats, Exemption ptats)
tes rewew of Amended Determined by surveyorg
$11 - 1't page
$10 each additional page
Mylar Recording Fee
Page 2
1.
2.
flifiTJi:ilions shail be submitted with a signed Asreement for payment form set
county staff shall keep accurate record of actuar time required for the processingof each land use application, zoning amendment, or subdivision application. Anyadditional biiling wiil occur .orrui,rrrate with the additionrr .ori, incurreo ny
|!3
county as a result of having to tat<e more timelhat that covered by the base
3' Any billings shall be paid prior to final consideration of any land use permit,zoning amendment, or subdivision plan. nir uooiiional costs irrrii ou paid to theexecution of the written resorution confirming ,;ti* on the apprication.
4' Final Plats' Amended or corrected Piats, Exemption plats or permits will not berecorded or issued until all fees have 0""i, prij "''
5' ln the event that the Board determines that speciar expertise is needed to assistthem in the review of a land use permit, zoning amendment, or subdivisionapplication, such costs will be borne.'by-il;;ilii;ant and paid prior to the finatconsideration of the application. ntt a'ooitionat' .osts shall be paid prior to theexecution of the written resorution confirming ,.tion on the apprication.
6'
ll#it#j::ti*'i1",,:,J"r'rfiultiple reviews, the Appticant shail be charged the
7 ' Types of "Procedures" not listed in the above chart will be charged at an hourlyrate based on the pertinent pranning staff rate risted above.
B' The Planning Director shall establish appropriate guidelines for the collection ofAdditional Billings as required.
#,??Hyjlg guidelines shall be used for the administration of the fee structure set
Page 3
6. Schedule Public Hearing. The Director shall schedule the application for consideration
by the Board of County Commissioners.
a. Public hearing by the Board of County Commissioners shall be held within forty ( 0)
calendar days of the date of the Planning Commission's recommendation.
b. Public notice of the hearing shall be published by the Director in a newspaper of
general circulation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
7 - Review and Action by the Board of County Commissioners. Upon a public hearing
conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the BoarO of
County Commissioners shall determine whether the text should be amended.
a. Decision by Board. The Board of County Commissioners shall approve, modify or
deny the proposed amendment. The Board shall direct that the Director make any
such approved amendments to the text of this Land Use code.
b. Effective Date. Unless otherwise specified by the Board of County Commissioners,
an approved amendment to the text of this Land Use Code shall become effective
upon the date of the Board's approving the amendment.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
,*ir=rARrMENr
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
Nieslanik lnvestments, LLC &
Cecelia L. Nieslanik Bypass Trust
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Garfield County Unified
Land Use Resolution Text Amendment (hereinafter, THE PROJECT).
2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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 excluslve of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. lf actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER 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.
pRopERTY OWNER (OR AUTHORTZED REPRESENTATTVE)
Mailing Address:
0979 Countv Road 101
Carbondale. CO 81623
Print Name
Page 4
STATEMENT OF AUTHORITY EOPV
Pursuant
this Statement
a Colorado
company, general partnership, registered limited liability
partnership, registered Iimited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "EntLLy"), and states as foll-ows:
The name of the Entity is
and is formed under the laws of
Nieslanik lnvestments, LLC &
Cecelia L. Nieslanik Bypass Trust
Colorado
The mailing address for the Entity is
Carbondale, CO 81623
to C.R.S.
of Authorl
The name and/or position of the person
execute instruments conveying, encumbering,
affecting title to real property on behalf of
Mark Nieslanik
aut.horized to
or otherwi-se
the Entity
:"
The limitations
above or holding the
are as follows: None
upon the authority of
position described above
the person named
to bind the Entity
(if no limitations, insert "None")
Other matters concerning the manner
deals with any interest in real property
in which the Entity
are:
(lf no other matter, Ieave this section blank)
EXECUTED trris 4 Oay
Signature :
Name(typed or printed:
Title (if any) :
/\ I isrArE oF L.C ld( (u1a )
Co - trr.L6+e (.
OF P,'t [({nr )SS
)
iv r r8 (a-,r, i(
acknowledged before me this 4 day of
(\L roD
rl(
behalf of
:llrcrsf
N\rt',,'tt
foregolng instrument was
05/09
Au.cn Uat zo o1'. :- -
zoAloy
my hand and official seal.
ssion expires O - L\- OotS
ISEAL]
STEWART TITLE OF GI,ENWOOD SPRINGS, It{E.
1620 GRAIID AVENUE
oLENwooD SPRINGS, cO 8L501(970) s4s-543{
FAx NO. - (970) 945-70S1
rTanuary zBt 20Og oRDEn NO. 05001032
R,Ez/
fhank you Eor using St.ewart Tlttet
fn oonnection wltsh the above Order Number, pLea8a find att,ached the followj.ng:
TITIE CO}'MITMENT X AMENDED EO!{MITMENT
-
ENDORSEMENT
Pl,ease dlreot. aII CLOSING questione to: TITIJE ONIJy trIIrE
Pleaee direct a1I IITLE gueeblons tor SUSA}I SARVERphoner 970-945-5434
e-mai1 : gugan. Barver@atewart,. com
Cllent: Nieglanlk/,fulle J, prat,te
PLEASE READ CARES'UIJI'Y
1. Thla ie a Comrnjtment to iggue one or more pollcies of title lnsurance in09" Standard tr'orm when the regulre$enta set fo:rth ln the Corqitment havebeen saflgfied.
2. only the policles shown are commitsted to. rf there are any changeg inthe transacUlon, order an endorsernent from us. Sbew4rt Tltle regervesthe right to add and/or delete requirementa and/or excepEiong accordingl-y.
3' The date on thie coruniEment ie J"rnporbant. NoTHINo after Ehat datse hasbeen correldered by us,
4. Thig corun{tment ia geod for 6 rnonthe on}y. Extengions should be orderedf,rom ue Lf they are needed.
Order Number: o5oo1o32
1. Effective date: iraDuary 09 ,
2. Policy or Policics to be issued:
(a) A.L.T.A. Owner's
Proposed insured:
(b) A.L.T.A. Loan
Proposed lnsured:
Purported Addrese I
CARBONDAIJE, CO 91"623
SCHEDULE A
2009 at. 8:00 A.M.
Amount of Insurance
$
(c) Leasehold
Proposed Insured:
3 ' Tire ":ffii: interest in the land described or referred to in this commitment a,d covered herein is
4' Titlc to thc fee eimpJ-e estate or interest in said land is ar the effective date hereof vested i,:CECELIA I], NIESLANIX BYPASS TRUS? AS TO EU *,"i.ii.-, ONE-IIAIJF INTERESTAND NIES',ANIK INVESTMENTS, ITIJC, AS To AN .TNDMDED ONE_HALF TNTERE'T
5' The land referred to in this conrmitment is described as follows:SEE ATTACHED I,EGAIJ DESCRIPTION
STATEMENT OF CHARCES
These charges are due and payable before a
Policy can bc issued.
Search Fee: 93OO.00
A PARCEL OF' LAND SITUATED IN SECTIONS 2 AND 11, TOWNSHIP BSOUTH, RANGE 88 WEST OT THE SIXTH PRINCIPAT r,iiINrNNrV,
COUN]"Y OT GARFIELD, STATI OF COLORADO, WITH ALL
BEARINGS RELATIVE TO A BIARING OF S B9'24'15'' E BETWEEN
THE SW CORNER OT' $AID SHCTION 2, A $TONE FOUND IN PLACE,AND THE S1I4 CORNER OF SAID STCTION 2, AI*5 REBAR FOUND INPLACE, BEING MORE PARTICULARLY DESCRIBTD AS FOLI-OWS:
BEGINNING AT A POINT ON A FTNCE LINE, WHENCE THE
SOUTI{WEST CORNER OF SAID SECTION 2 BEARS S 15'46'37- W ADISTANCE Ot 1nA.gZ FEET; IHENCE ALONG SAID FENCE LINE
AND TI{E DEED RECORDED AS RECEPTION NUMBER 557260 OiTHE GARFTELD couNTy REC0RDS; THE FoLLowrNG sEVErrr rrlCOURSH$:
1) N 01o04'35" W,2,177.08 FEET;
2) S gg'52'55- 8,22.40 FEET;
3) N 48"35'15" 8,21.20 FEET;
4) S 89"09,25' E, 1,144.21 FEET;
5) S Bg"0B'49" E, 613.03 FEET;
6) N 84"59'12- E,43.43 FEET;
7i N 9O'OO'O()'' E, 508.35 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF ASPEN CRYSTAL RIVER ESIATES RECORDED ASRTCTPTION NO. 230546 OF THT GARFIELD COUNTY RTCORDS ANDTHE BOUNDARY LINE DE$CRIBED IN THE AFFIDAVIT RECORDED
NOVTMBER 14, ?OO5 AS RTCEPTION NO. 686410 OF THE GARFIELD
COUNTY RECORDS; THENCE LHAVING SAID FENCE LINE AND SAIDDEED AND ALONG SAID WTSTIRLY BOUNDARY AND SAID
BOUNDARY LINE THE FOLLOWING THREE (3) COUR$ES:
1) S 00'13'20" E,47.gg FEET;
2) N 89"31'10,, 8, 355,75 FEET;
3) S 01O34'10" E, 535.70 FEET TO TI{E NORTHWEST CORNER OFLor 26 oF $AlD Asp[N cRysrAL E$TATES; THENCE LEAVTNG sArDWESTERLY BOUNDARY AND SAID BOUNDARY IINE AND Aidili'
oo
THE NORTHERLY BOUNDARY OF SAID LOT 26 THE FOLLOWINGTWO (2) COURSES:
1)N 77'36'10" E, 205.06 FEET;
2) 115.06 FEEI ALONG THE AilC OF A NON TANGENT CURVE TOTHE LEFT, HAVTNG A RADTUS.gF 50.00 rrrr, A CENTRAL ANGLE OF
13]:ILq," (CHORD S78"17'30''E, gr gO rEET)'rO rHr NORTHEASTCORNER OF SAID LoT 26; IHENCE trnvtrti THE NoRTHERLyBOUNDARY OF SAID LOT 26 AND ALOIVC TTIT ruORTHERLYBOUNDARY OF LOT 25 OF SAID ASPEN CN'STNT ESTATES N88"54'40" E, A DISTANCE OF 17O.OO FEET iO rr-rr NORTHEASTcoRNER OF S4r! LoT 25; rnirucr LEAVING rr_rr ruonTHERLyBOUNDARY OF SAID LOT 25 AND ALOIUC T E TASTERLYBoUNDARy 0F sAtD LoT ra s 01"04,s9, E;n oisrnivcE oF 16e,egFEEI TO THE SOUTHEAST CORNER OF SNIN iOT 25, APOINT ONIHE WESTERLY BOUNDARY OF SAID NSPTIT CNYSTNT ESTATESAND THE BOUNDARY L|NE DESCRIBED IN iHT AFFIDAVITRECORDED NOVEMBER 14,20t05AS ipcrpiibi,r N0 6S6410 oFIHE GARFIELD COUNTY RECORDS; rrrrr,iir r"rAVrNG THEEASIERLY BOUNDARY OF SNiN rOr ZSiTVN AiOTVG THE\AIESTERLY BOUNDARY OT SNiO ASPEN CNVSiAT ESTATES ANDSAID BOUNDARY LINE ru EA'S+i+O' E, A UiiN^ICE OF 452,u2FEET;THENCE LEAVING THE BOUNDARY OF SAID NSPTru CRYSTALRIVER ESTATES AND CONTINUING ArOr,rC SNrO SOUNNARY LINETHE FOLLOWING NINETEEN (19) COURSE-S,-
-
1) !16"23'01-W, 630.97 FEET;
?l lgq:12'40"w, 2s4.84 ffiEr;
?l !?q"20,35'E, 178.61 FEET;
1l !0-6"25'15"E, 26,99 FEET;
?M 7"09'50'w, 222.30 FEET;
9] !14:51'34"W, 162,52rrrri
I] !91 "-12'56uW,5 1,2e FEET;
li !1?:qe45'E, 20s,s2FEET;
9) s08"04'10"w, 271,76 FEET;
oo
10) s08"42'30uW, 233.96 FEET;
11i S10'32',02'W, 103.49 FEET;
12) S15o40'35"W, 300.10 FEET;
13) S39"03'30"W, 116.89 FEEI;
14) 51 go2z1l'W ,216,84 FEEI;
15) S35'21'38"E, fia)7 FEET;
1 6) S15"57'.56'E, 7 1,97 FEET;
17) S77"02'58"W, 14 95 FEEI;
1 B) S0g'34',18,'W, 88.21 FEET;
19) sB7'07'30'w, 4zB.1B FEET; THENCE LEAVING sAtD BOuNDARY
L|NE THE FOLLOW|NG FIVE (5) COURSES:
1) N00'57'52"E, 42.05 FEET;
2) N85"55',00"E, 30.10 FEET;
3) N00"36'19"E, 1,637.94 FEET;
4) NB6'30'00',W, 30.04 FEET;
5) NOO"36'19''E,51.33 FEET TO A POINT ON AN EXISTING FENCE
LINE AND THE DEED RECORDED AS RECEPI]ON NO. 685683 OF
THE GARFIELD COUNTY RECORDS; IHENCE ALONG SAID
EXISTING FENCE LINE AND SAID DEED THE FOLLOWING THIRTEEN
couRSES (13):
1) S 88"52'07" W, 175,45 FEET;
2) S Bg'04'10,, w, 929.10 FEET;
3) S 83'46'55" W, 174.49 FEEI;
4) s 8B"03'10, w, 364.41 FEET;
5) N 67'47'.49'W, 53.92 FEET;
6) N 46"56'56" W, 253.64 FEEr;
7) S 88"36'14'W,212.98 FEEr;
8) N 71"55',45', W, 14.58 FEET;
9) N3B"3B'25"W, 279.14 FEET;
10) s70"54'35"W, 214.A9 FEET;
11) 544'48'46"W, 38.18 FEET;
12) 522"30'19,w, 230.85 FEET;
13) S48"14'38'W, rc1.25 FEET TO THE POINT OF BEGINNING.
oo
CONTAINING 7,816,259 SQUARE FEET OR 179.437 ACRES, MORE
OR LESS.
oo
SCHEDULE B
Section I
Order Number; o5oot_032
REQUIREMENTS
The following are the requirements to be complled with:
Item (a)
,:grff,'r'rt.t|nrf;|"f account of the grantors or mortgagors of rhe tuu considerarion for the estate or
Item (b)
;::ff:ilt#iif(t) creating the eshte or i,terest ro be insured musr be execured and dury fired for
1. Executlon of Af,f,idavLt as to DebtE and Liene, which is attached or will beprovlded at cJ.oeJ.ng.
2' pa,ment of all taxes and. asaesament,s currently due and payable, if any.
3' RecordaEion of a statemenE of Authority for CECEIJTA rJ. NrEstANrK BypAss rR,sr,a trust, purEuant, to the provieJ.ons of sectiou sa-so_ro;.;-;.;:;.-'"^'
4. Deed from vasted owner, veeElng tit,Ie to the easemenE intserest in pu:rchaeer(s).
5' cerfificate of DigmlEeal isaued by the elerk of cour. of crvil_ Aotslo. No.2008cv125 in lhe Dl'gtrLct couf,t, of the county ot-garrield entitrecl rron RoseLand & cattLe r' LLe, vs. Nieslanlk etal p"t"rra".,ll Notrce of Lie penderrsrecorded Decernber g, ZOO} ae Reeeption No. 7lggg4.
7.
8.
EXCEPTIONS
issued will contain exceptions to the foflowing unless the same are disposed of to the
l' Rights or claims of parties in possession, not shown by the pubric records-
2' Easements, or craims of easements, not shown by the public records.
3' Discrepancies' conflicts^in boundary lines, .shortage in area, encroachments, and any facts which a correctsurvey and inspection of the premisis *ould dir.loi. ""J *ii"r, "t"-ilffi; or",r,J''oriil rscords.4
*lY,[11f"'#t'Jli.'J.,ilhPJj:il:*" tabor or material hererofore or hereafter fir'risled, imposed by raw
5' Defects' liens' encumbrances, adverse ctaims or other matters, if any,, created, firsl appearing in the publicrecords or atlaching subscquent to tr," errJir.i.,"lii.."i, urirlril. rorhc dare it,. propl'i"a i,sured acquiresof record for valuJthe estaie or irttr"ti^o-r *ortgage thereon covered by this comnritment.
6'
Y:l#"rffi1ts::i:lH,':?3it,Tffi3::-" or exceptions in patenrs, or an afi aurhorizing rhe issuance rhereor;
Any and alr unpaid baxes and a,seasment.g and any unredeemed tax sares.
The effect of inaluaions Ln any general or epecific water conBelvancy, flreprotect'r.on, sorr c.onservation otr other dietrict or lnclusiou ln any wats.reervice or sEreet iurprovement area.
9. Righe of the proprletor oE a vej.n or lode bo exglact,therefrorn, should the aame be found to penetsrat€ orhereby granted, aE reserved :[n Unlted gtsaEes pat,ent
:
Order Number: o5ooto.32
The policy or policies ro be
satisfaction of the Company:
RECORDED
SepEember 30,
December 15,
,ru1y 14, 1895
BOOK./PACE
L892 l2/:,4:-
LB94 L2/346
12/37 o
SCI{EDULE.B
Section 2
RECEPTXON NO.
L45t 0
17973
.1853I
, and remove hia oreinterBect the premj.Ees
recorded as follows:
IJAND AFFECTED
Lots 10, Lt, 13 & 1"4
Sectlon 2
Lots 12 & 20, Section 2
NW1/4NE1/4 Secr,ion 11
L0' Righb of way for dltches or canarl con'txucted by the authority of the united' sEatas; ae feseried rn un*tsed st,aLee Ditcntrr;"o;a"a ae folrows!
RECoRDED BooIc/PAcE RECEPTIoN No. IJAIID ATFECTEDDecember 15' 1gg4 72/346 L'1g73 rrot,g 12 & 20, gecLion 2
iruty J.4, 1s9s t2/370 l.gs38 NW1,/4NE1/4 secrion 11
li' prtvate road being 30 feet in vrr::h :nd u1t,e: supply pipellne ae ref,erred, ro ,nthe Deed from Roy [Iow, as AdroLnistrabor of ehe ngiate of charley wearey Mow toEvan B1anc and touige Blanc resorded ifuly 21, 193L-in Book L68 at page I_63 asR€coptlon No. r-10625. (sard n".i "r,a plperine r,ot u"trrr.d other than acrossContinued on next page
Continuat,ion of Schedule B - Sectton 2Order Nurmber: 0500L032
Lote 13, L4 and 11)
12' Eagemenb recorded March 10, 198L ln Book 557 at page 45 as Reception No. 3t2721,.
13' undlvided one-haLf lnterest ln all oiI. gas and other mlnerale eogether vriththe rlghE, to prospect. for, mine, exeract, drirr and explore for upon paynent ofsurf,ace damageB as reBerved by Arthur A. Branc, orira A. Blanc, oaryo A. Blancand Hilda M. Blanc in Deed recorded ootober 9, 1981 j.n Book 337 at, nage r3J. aeReception No. 2J"5338, and any and alt asEigrunentg of, record, or otherwiae,thereof, Or intereate therein.
14. Colorado-Ute Electric Agsociatsiotr, Inc. AccesB Ea8amont recorded ,JuJ,y 21, 19g2in Book 604 ats page 227 ae Receptlon No. 330310
15' Holy croee Electric Agsoclati.on, rnc. Right,-of-way EaBEnene recorded February29, 1984 in Eook 645 at. page 2g aa Receptlon No. 3500gL.
16. Affldavit Re: Boundary Line Adjuetment, record,ed February 25, j.993 ln Book 855at Page 420 as Receptlon No. 44451"9.
17' rricenge to use recorded February 25, 1993 1n Book 855 at page 423 as ReceptionNo.444519.
18. Eaaements Agreement recorded ilanuary 6, 1999 in Book 110? at page 795 aeR€cepEion IIo. 538318,
19. Affidavlt i.egarding Boundary rrtne AdJuatment, recorded Noveriber 14, 2o05 lnBook 1745 at page 647 aa Reception No. 686410
20. Dltch operat'ion and. [tainEena[ce Agree$ent record.ed November 14, 2o0s ln BookL7{5 at, paga 672 as Reception No. 6g6415.
2l-' Deslaration of Reat,rictsive covenant.s recorded November L4, 2005 in Book L745at Page 588 ae Reception No. 686419.
22' Deed of conservatlon Easement, Nieelanlk Ranch recorded December zzt 2oe5 LnBook L757 aE page E5B as Reception No. 6gg979,
STEWART TITLE GUARANTY COI\{PANY
privacy policy Notice
PURPOSE OF I'HIS NOTICB
Title v of the cramnt-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or throughits affiliates, from sharing nonpublic personal iniormation about you with a nonaffiliated tiriro pariy unless thcinstitution providcs you rvith a notice of its privacy policies and prictices, such as the typc of information trrat itcollects about you and the categories of persons or entities to whom it may be disclosed-, In compliance with theGLBA, weareproviding youwith thisdocument, whichnotifies youoithe privacypolicics anapru.ti"esorStervart Title Guaranty Company.
We nray collect nonpublic personal intormation about you frorn the follorving sources:'- Inforrnation rve receive from you, such as on applications or other forms,'- Information about your transactions we securq fiom our files, or from our afliliates or others.-- lnformation rve rcceive frorn a consurner reporting agency.
- Information that we receive f|om others involved in your transaction, such as (he rell cstate agent or lender.
Unless it is specifically slated otherwise in an amended Privacy Policy Notice, no additional nonpublic personalinformalion will be collected about you.
Y:-!tv disclose any of the above information that we collect abour our custonrers or former custol)ers ro ouraffitiates or to nonaffiliated third parties as permitted by law.
We also nlay disclose this inforrnation aboul our cusromers or former customers to the following types ofnonaffiliated companies thal perform marketing services on our behalf orwith whom we have joint-marketing
agreements:
" Findncial set'vicc providers such as companies engaged in banking, consunler financo, securities and insurancc." Non-financial companies such as envetope stuffers and othsr fulfiiiment service provider.s.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONEFOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW,
we restrict access to nonpublic pcrsonal inlormation about you to those employees who need to know thatinformation in order to provide products or services to you. we rnainlain physicai, electronic, and proceduralsafeguards that comply with federal regulations to guard your nonpublic p"r**f inforrnation.
Fltc No. 05001l)fi Srcrynd TlIc ofcl(n\yoort Sprhg!, lnr,Prlvrcy Pollcy Notlsc (prrc ltRcv.07/!00r (YppNt) "
STEWART TrTLE OF GLENWOOD spRrNGS, INC.privacy policy Notice
PURPOSE OF THIS NOTICE
Title v of thc Gramm-Leaclr-tsliley.Act (GLBA) generally prohibits any financial ins-titution, directly or throughits afliliates' from sharing- nonputli" p.r.onui inio.*ution ut"ri v"" irii'i'l nonaffiliated thirrt party unless theinstitution provides v"'11! a notice l,rr,t prrr.y po.ricies und;ril;;;;"ri.t u, rhe type of inforrnition that itcollects about vou and the categories orp.rriri, ol"ntities to ;il;l;;;y; disclosed. In compriance rv*h rhef,l3h ;ffi':ifil1iJ"-"Jffi,t|;'uo;;;;, rvhich notines v", .iti. privacy pori.i., ioJiii.ti*., or
w""nry collect nonpublic personal inforrnarion abour you from the folrowing sourcesi- Information we receive irom you, such as on .ppf f .irir"r_
". ;il, ,*l;, t '* Information about your transactions *. ,rrur.?io,n our files, or frorn our affiliatcs or others.* Information ws receive frem a consurn., irpor,lng agency,- Infornralion that we receive frorn othcrs i;;;l;;J i" t.ur'transaction, such as rhc rcal estate agent or tendcr.
unless it is spccificatly statcd orlrerwise in an amended Privacy policy Notice, no addirional nonpublic pcrsonalinformation will bc collcctcd about you. ' no addrlronal nonpublic
1
Y: Tu' disclose any of theabove information that we coltect about our custo,rers or rormer custorners ro ouraffiliates or ro nonaffiliated third pu.,i", ., f.rriii.-i Uy f.ru.
we also may disclose this information about our Qustomers or former customers to the foilowing typcs of
ff#:T,t:l
companies that perform **t.tlng ,.,;i..t "r,'"* u.n*r. *un whorn we havc joint nrarkering
-- Financial service providers such as cornpanies engaged in banking, consumer fiuance, securities and insurancc.-- Non-financiat companies such a, enveiop- ;hf;;: and othe" turr;ir;n;;";;;cc providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFOI(MATION ABOUT YOU WITH ANYONEFOR ANY PURPOSE THAT IS NOT SPECIFICAiT.V PERMITTED BY LAW.
we rest'ric( access to nonpublic personal information aboul you to those employecs who nccd lo know thatinformation in order to piovide itoou"t, or- o*i.., ,o you. we maintain physicar, clectronic, and proccduralsafeguards lhat compty with federal *gurution.lo grurd your nonpublic personal information- l
Xll""Ii r"ti:i'rl3;"o rpooo ,i"'*t rrtr! ot ctc.yood sprrn!!, rhd,
t(c% 07/2001 lVrfnf) "
-
DISCLOSURE
050 01 03 2
FllcNo,rc0500lo3i Shrln Titlc orCtDnrrcor, Sprtryc, Irc
,te. 07/200! (yDtsclosE)
To cornply with the provisions of c'R's. lo'11-123, the company makes the following disclosure:
(a) That there is recorded evidence that a mineral estate.has been severe<l, leased or otherwise conveyedfromthesurface estateand thatttrereii orutrrrnri.t likelihoodthat-u-rtira purrv holdssomcorall interest in oil, gas, other minerals, o, g.o,l *r.l energy i" ,f" p.p.rryi *O
(b) That such mineral eslale may include the right to enter and use the property without thc surfaccowner's permission,
Note:
DISCLOSURBS
Pursuant to C.R.S. l0-11-122, notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXINC DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING ruRISDICTION SHALL BEOBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'SAUTHORIZED ACENT;
(C) INFORMATION RECARDINC SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH
DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COI.'NTY COMMISSIONERS, THECOUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII rcquircs that ',Every tittecntity shall bc resporrsible for all matlers wtrich appear of record prior to the rirnc of ,ecording whenevcr the titleentity conducts the closing and is responsibte lor recortling or filing of legal documenrs resulting from the
lransaction which was closed." Provided that Stervart Titlc of GlenwoodSprings, Inc. conducts the cloiing of theinsured transaction and is responsible for rccording the legal docurnents fron, ttre trBnsaction, exccption number 5will not appear on the owner's Title policy and the Lender's Title policy when issued,
Note: Affirmative Mechanic's Lien Protection for the Owner rnay be available (typically by deletion of ExceptionNo. 4 of Schedule B, section 2 of the Commitment from the owner's Policy to beissuertiupon compliance with thcfollowing conditions:
A, The land described in Schedule A of this cornmitment must be a single fanrily residencc, which
includes a condominiurn or townhouse unit.
B' No labor or materials have been furnished by mechanics or materialmen for purposcs of construction
on the land described in Schedule A of this Commi[nent within the past 6 monihs.
C. The Company. nrust receive an appropriate affidavit indemnifying the Company against unfited
meclraniC s and materialnren's liens.
D. Thc conrpany nrust receive payment of the appropriate premiurn.
E' Ifthere has been conslruction, improvements or major repairs undertaken on thc property to bepurchased, within six months prior to the Date of the Contmitment, the requircments to obtri, coveragefor unrecorded liens will include: disclosure of certain construction inforn:ation; finanqiat information
8s to the seller, thc builder anrVor the contractor; payment of the appropriate premium; fully executedIndemnity agreements satisfactory to the compaoy; and, any aaOitionat requirements as nray be
necessary after an examinarion ofthe aforesaid inforrnation by the company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for oragreed to pay.
NOTHING TIEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDEANY OF THE COVERACES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS AREFULLY SATISFiED.
Order No, 05001032
Disclosurcs {YSDD) Rcv. I0199
LANDSII-]DiO -
landscape architecture land planning community planning
l002LaurenLane'P.O.Box107'Basalt,COB1621 .Tel9709273690.tandstudio2@comcast.net
Ayr/1,ruq W€4lst-+7#ee€-
Mr. Fred A, Jarman, AICP
Director, Garfield County Building & planning Department
108 Bth Street, Suite 401
Glenwood Springs, CO B'1001
Re: Garfield County Unified Land Use Code Text Amendment
Dear Fred,
Please find enclosed three copies of the Garfield County Unified Land Use Code Text Amendment
application to provide relief of affordable housing requirements on large rural properties utilizing the
Rural Land Development Exemption Option, and to provide an incentive for use of the Rural Land
Development Exemption Option for these large rurai properties. We look forward to the opportunity
to work with Garfield County Staff, the Planning Commission, and the Board of County
Commissioners in this regard. Please let us know if you have any questions regarding our
approach to this text amendment, or if you need any additional iniormation to picess"the
application.
Best regards,
THE LAND STUDIO, I
By:
The Land Studio, lnc.
GARFIELD COUNTY UNIFIED LAND USE CODE TEXT AMENDMENT
The following Section shall be added to ARTICLE Vll STANDARDS of the
GARFIELD COUNTY UNIFIED LAND USE CODE:
Section 7-602 Affordable Housing Exemption Standards
Per Article Vlll Affordable Housing Section B-102 Applicability, the requirements
for affordable housing shall apply to land use change applications in Garfield
County, 15o/o for five (5) or more units in Comprehensive Plan Areas thru 5.
Rural Land Development Exemption land use change applications will be exempt
from this affordable housing requirement based on meeting or exceeding the
standards outlined in Section 7-601 Rural Land Development Exemption
Standards and additionally:
1. The Affordable Housing Exemption shall apply to land use change
applications in Garfield County for six (6) or fewer lots in Comprehensive
Plan Areas 1 thru 5;
2. The Rural Land Development Exemption may be used to create a cluster
subdivision development on a parcel of land 100 acres or more (rather
than 70 acres) in any unincorporated area of the County.
3. Ninety (90) percent (rather than eighty (80) percent) of the parcel shall be
preserved perpetually (rather than for 40 years) as contiguous open space
to be used as wildlife habitat, grazing land, critical natural areas or similar
USES;
4. The residential density does not exceed (1) residential unit for every
thirty-five (35) acres plus one (1) lot for every one hundred (100) acres
contained in the eligible property (with no additional bonus lot).
Please note that the County Sfar7has discussed the above proposal and offered
comments that the proposed language may be too restrictive and may result in
inhibiting the incentive intent fo use the Rural Land Development Exemption
regulations, and that perhaps the threshold ought to be greater than 10 lots when
affordable housing (Article B) applies.
The applicant is very willing to work with Garfield County Staff, the Planning
Commission, and the Board of County Commissioners to refine the above
Affordable Housing Exemption Standards in order to create provisions that
encourage the use of the Rural Land Development Exemption process for fhe
large ruraltracts that remain in Garfield County.
a)
GARFIELD COUNTY UNIFIED LAND USE CODE TEXT AMENDMENT
RESPONSE TO THE FOLLOWING CRITERIA:
Compliance with Comprehensive Plan and lntergovernmental
Agreements. The proposed text amendment is consistent with applicable
provisions of the Garfield County Comprehensive Plan and any
intergovernmental agreements affecting land use or development or an
approved amendment to the Comprehensive Plan prior to the decision on
the text change.
The proposed fexf amendment generally supports the goals and
objectives esfablished in the Gafiield County Comprehensive Plan
and focuses on exempting large rural properties from the Article Vlll
Affordabte Housing regulations fo enco urage use of the Rural Land
Development Exemption Option to plan large rural properties.
The proposed fexf will only affect rural land that has been conserved
with a conservation easement, has minimal clustered residential
units, and meets or exceeds the standards outlined in Secfion 7'601
Rural Land Development Exemption Standards. These rural lands
will not be available for future development and will maintain large
amounts of land as open space, agricultural lands, or natural areas.
Compliance with Statutory Provisions. The proposed text does not conflict
with State statutory provisions regulating land use.
tn this regard, the proposed text amendment, if adopted, will he a
duly authorized exercise of the powers of a local government, as it
provides for planned and orderly use of land and the protection of
the environment in a manner consistent with constitutional rights, as
provided in Colorado Revised Sfafutes Secfion 29-20'104 ef. seg.
lncreased Hazards. The proposed use does not result in hazards or alter
the natural environment to an extent greater than the other uses permitted
in the zone district to which it would be added.
The proposed fext amendmenf seeks to preserve important features
of the environment including natural areas, agricultural land, and
open space. lt wilt not result in additional hazards or alter the natural
environment in any way other than to promote the conseruation of
fhese areas.
b)
c)
d)lncreased Nuisance. The proposed use does not create more offensive
noise, vibration, dust, heat, smoke, odor, glare or other objectionable
influences or more traffic hazards than that normally resulting from the
other uses permitted the zone district to which it wourd be added.
Again, the proposed text amendmenf seeks to preserue important
agricultural and open space uses while minimizing residenfial uses
in rural areas of Gartield county. The amendment witt not create
additional uses for rural lands that will be an increased nuisance for
rural properties.
compatibility. The proposed use is compatible with the uses permitted in
the zone district to which it would be added.
The proposed fexf amendment is compatibte with the uses permitted
on land in the rural areas of Gartield County that are eligible to utilize
the Rural Land Development Exemption Option.
e)
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8 21 2 F acsimi te: 970. 384 .347 O
www. garfield-cou nty.com
REZONING : TEXT AMENDMENT
[Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing
Planned unit Development
RECEIVET)
JUL 1 7 2009
GARFIELD COUNTY
BUILDING & PLANNING
GENERAL INFORMATION (Please print legibly)
Name of Property Owner:
Mailing Address:Telephone: (_)
City:State:Zip Code:Cell: ( )
FAX: (_ )E-mail address:
fhe Land Studio, lnc. / Doug Pratte
Mailing Address:1002 Lauren Lane Telephone: (9ZL ) gZZ_gOgO
City: Basalt State: CO Zip Code: 81621 Celt: ( 970 )
E-mail address: landstudio2@comcast.net FAX: ( )
Specific Section of County Unified Land Use Resolution of 2008 or pUD to be
amended:
Add section 7-602 Affordable Housinq Exemption standards
Purpose for the proposed text amendment:
To provide relief of affordable housing requirements on large rural properties utilizing the
Land Development Exemption option for these large rural properties.
Lasf Reyised 12/29/08
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1)
amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008,
or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a
minimum, specifically respond to all the following items below and attach any additional
information to be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed
amendment to the specific text of the County Unified Land Use Resolution or to the text
of an approved Planned Unit Development (PUD). This narrative should describe the
overall purpose of the amendment and the specific sections to be amended.
2. Submit a copy of the deed,
of the real property, owned
by such change.
3. lf you are acting as an
acknowledgement from the
legal description, and copy of the County Assessor's Map
by the Applicant in Garfield County, which will be affected
agent for the property owner, you must attach an
property owner that you may act in his/her behalf. lf the
5.
property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a
copy of a recorded "Statement of Authority" demonstrating that the person signing the
application has the authority to act in that capacity for the entity."
4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form
and provide the fee with the application.
provide a response that demonstrates that the request meets the following
a) Compliance with Comprehensive Plan and lntergovernmental Agreements. The
proposed text amendment is consistent with applicable provisions of the Garfield
County Comprehensive Plan and any intergovernmental agreements affecting
land use or development or an approved amendment to the Comprehensive Plan
prior to the decision on the text change.
b) Compliance with Statutory Provisions. The proposed text does not conflict with
State statutory provisions regulating land use.
c) lncreased Hazards. The proposed use does not result in hazards or alter the
natural environment to an extent greater than the other uses permitted in the zone
district to which it would be added.
d) lncreased Nuisance. The proposed use does not create more offensive noise,
vibration, dust, heat, smoke, odor, glare or other objectionable influences or more
traffic hazards than that normally resulting from the other uses permitted the zone
district to which it would be added.
e) Compatibility. The proposed use is compatible with the uses permitted the zone
district to which it would be added.
1.
2.
6. Vicinity map: An 8 T, x 11 vicinity map locating the parcel in the County. The vicinity
map shall clearly show the boundaries of the subject property and all property within a
3-mile radius of the subject property. The map shall be at a minimum scale of 1"=2000'
showing the general topographic and geographic relation of the proposed land use
change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be
used.
7. A copy of the Pre-Application Conference form from the original Pre-Application
Conference.
B. Submit 3 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 application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
The following outlines the process for amending the text of the Unified Land Use
Resolution or an existing PUD pursuant to section 4-202 of Article lv.
Submit Application. The application materials required for text amendment are set forth
in Section 4-501(D) and included above.
Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-103(C),
Determination of Completeness.
3. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning Commission.
a. Public hearing by the Planning Commission shall be held at the next regularly
scheduled meeting of the Commission for which proper notice of hearing can be
accomplished.
b. Public notice of the hearing shall be published by the Director in a newspaper of
general circulation in the County at least thlrty (30) calendar days prior to the date
of the public hearing.
Evaluation by Director/Staff Review. Upon determination of completeness, the Director
shall review the proposed text amendment and prepare a staff report. A staff report
shall be prepared pursuant to Section 4-103 E.
Review and Recommendation by the Planning Commission. A proposed text
amendment shall be considered by the Planning Commission at a public hearing, after
proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing.
a. Recommendation by Planning Commission. The Planning Commission shall
recommend approval, modification or denial of the proposed amendment.
4.
5.
6' Schedule Public Hearing. The Director shall schedule the application for consideration
by the Board of County Commissioners.
a. Public hearing by the Board of County Commissioners shall be held within forty (a0)
calendar days of the date of the Planning Commission's recommendation
b. Public notice of the hearing shall be published by the Director in a newspaper ofgeneral circulation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
7. Review and Action by the Board of County Commissioners. Upon a public hearing
conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board oJ
County Commissioners shall determine whether the text should be amended.
a. Decision by Board. The Board of County Commissioners shall approve, modify or
deny the proposed amendment. The Board shall direct that the Director makaany
such approved amendments to the text of this Land Use code.
b. Effective Date. Unless othenryise specified by the Board of County Commissioners,
an approved amendment to the text of this Land Use Code shall become effective
upon the date of the Board's approving the amendment.
o
NTY
o
GDE
PAYMENT AGREEMENT FORM
(Shall be submitted with apptication)
GARFIELD couNTy (hereinafter coUNTy) and Douq pratte
Applicant (herinafter AppLrcANT) agree as foilows:
2' APPLICANT understands and agrees that Garfield County Resolution No. gg-0g, asamended, establtshes a fee schedule for each type of subdivision or land use reviewapplications, and the guidelines for the administration of the fee structure.
3' APPLICANT and CoUNTY agree that because of the size, nature or scope of theproposed project, tt is not possible at this time to ascertain the full extent of the costsinvolved in processin_g the application oWNER agrees to make payment of the Base Fee,established for the PRoJECT, and to thereafter- permit additional costs to be billed toowNER' oWNER agrees to make additional payments upon notification by the CoUNrywhen they are necessary as costs are incurred.
4' The Base Fee shall be in addition to and exclusive of any cost for publication orcost of consulting service determined necessary by the Board of colniv commissioners forthe consideration of an application or additionaicourury staff time or. "*p"nre not coveredby the Base Fee' If actual recorded costs exceed the initial Base Fee, AppLtcANT shal payadditional billings to coUNTY to reimburse the couNTy for the processing of thePROJECT mentioned above. APPLTCANT acknowledges that all billing shall be paid prior tothe final consideration by the coUNTY of any ta"no use permit, zoning amendment, orsubdivision plan.
GARFIELD COU BUILDING AND PLANNIN PARTMENT
oRtzED R EPRESENTATTVE)
Mailing Address:
NT (OR A
Page 4
1' APPLICANT has submitted to CoUNTY an application for Garfield Countv UnifiedLand Use code Text Amendment _a;"r"i.ffi:rHE pRoJECT).
GARFIELD COUNTY
Building & Planning Department
108 8'n Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970,945.8212 Facsimile: 970.384 347A
www.qarfield-co.untv. com
NUMBER : N/A DATE: June 26, 2009
APPLICANT'S PLANNER: Doug pratte (Land Studio)
PROJECT: Amend the Text of the County Unified Land Use Resolution of zoog to provide a
relief for the affordable housing requirement
OWNER: N/A
REPRESENTATIVE: Doug pratt (Land Studio)
PMCTICAL LOCAT|ON: N/A
TYPE OF APPLICATTON: Text Amendment
I. GENERAL PROJECT DESCRIPTION
t ryqt proposed t.!91 1!g Jgllowing section be added to ARTICLE vil STANDARDS of theGARFIELD COUNTY UNIFIED LAND USE CODE:
section 7'602 Affordable Housing Exemption standards
Per Article Vlll Affordable Housing Section 8-102 Applicability, the requirements for affordablehousing shall apply to land use change applications in'Garfield County,'11i/o for five (5) oi *oruunits in Comprehensive Plan Areas thru 5. Rural Land Development fx"*ption land use chanleapplications witl be exempt from this affg$.ab]e housing requirement based on meeting or exceedingthe standards outlined in Section 7-601 Rural Laid oevelopment fiemption Standards andadditionally:
1' The Affordable.-Housing Exemption shall apply to land use change applications in Garfieldcounty for six (6) or fewer rots in comprehensive plan Areas 1 thnl s;
PRE.APPLICATION CONFERENCE SUMMARY
TAX PARCEL
2, The Rural Land Developrnent Exemption may be used to create a cluster subdivision
development on a parcel of land 140 acres or more (rather than 70 acres) in any
unincorporated area of the County.
3. Ninety (90) percent (rather than eighty (80) percent) of the parcel shall be preserved
perpetually (rather than for 40 years) as contiguous open space to be used as wildlife
habitat, grazing land, critical natural areas or similar uses;
4. The residential density does not exceed (1) residential unit for every thirty{ive (35) acres
plus one (1) lotforevery one hundred (100) acres contained in the eligible properly (with no
additional bonus lot).
The County Staff discussed this proposal and offered comments that this proposed
language may be too restrictive and may result in inhibiting the incentive intent to use
the regulation. Perhaps the threshold ought to be at greater than 10 tots is when
affordable housing (in Article B) then applies.
ll. REGULATORY PROVISIONS APPLTCANT rS REqUtRED TO ADDRESS (DEVELOpMENT CODE
/ coMpREHENStVE PLAN, STATE STATUTES, ETC.)
Amendments to the Text of the Unified Land Use Resolution of 2008, as amended include
the following provisions:
Section 4-2A2 Land Use Code Text Amendment
ItI. REVIEW PROCESS & REVIEW CRITERIA
The following process is required for Text Amendment as further defined in Section 4-202 of
the ULUR.
1. Application. The application materials required for text amendment are set forth in
Section 4-601 D.
2. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-103 C,
Determination of Completeness.
3. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning commission.
a. Public hearing by the Planning Commission shall be held at the next regularly
scheduled meeting of the Commission for which proper notice of hearing can be
accomplished.
b. Public notice of the hearing shatl be published by the Director in a newspaper of
general clrculation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
4'. Eyalultion by Director/Staff Review. Upon determination of completeness, ffte Directorshall review the proposed text amendment'and prepare a staff report. A staff report siatt beprepared pursuant to Section 4-103 E.
5' Review and Recommendation by the Ptanning Commission. A proposed textamendment shall be considered by lhe llanning Cofrmrssion it- i pubtic' nearng, afterproper notice, conducted pursuant to Secfion 4-10-3 G, Conduct of pubiic Hearing. v'I -.-
a. Recommendation by Ptanning Comm,rssron. The planning Commrssion shaltrecommend approval, madification or deniat of the proposed imendment.
6' Schedule Public leying. The Director shall schedule the application for considerationby the Board of County Cammissianers.
a' Public hearing by the Boa.rd of County Commissioners shall be hetd within forty(40) calendar days of the date of the Pianning Gommr'ssio n's recommendation.
b' Public notice of the hearing shatt be pubtished by the Director in a newspaper ofgeneral circulation in the County at least thirty (3$ catendar days prior to'tnL dateof the public hearing.
7' Review and Action by the Board of County cglmrss ioners. upon a pubtic hearingconducted pursuant fo Secfion 4-103 G, Condict of Public uearing,'ihe Board of Countycommissioners shall determine whether the text should be amendei.
a' Decision by Boa.rd. The Board.of County Commissioners shall approve, modify ordeny the proposed amendment.
(1) The Board shall direct that the Directotr make any such approvedamendments to the text of this Land Use Code.
b' Effective Date. Unless othenuise specified by the Board of County Commissio/?ers,an approved amendment to the text of this Land Use Code shat'i become effectiveupon the date of the Board's approving the amendment.
8- criteria for Approval of Amendments to Text of Land Use Code. The following criteriashall apply to proposed Land Use code text amendments.
a. Compliance with Comprehensive Plan and lntergovernmentalAgreements. Theproposed text amendment is consistent with app*licable provisions of the GarfieldCounty Comprehensive Plan and any intergovernmentai agreements affecting landuse or development or an approved amendment to the Coilprehensive ffan [rioito the decision on the text change.
b. Compliance with Statutory Provisions. The proppsed text does not conflict withState statutory provisions regulating land use.
9' Cri.teriafol Apry,roval of,Requesf to ldd use(sl to zone District Regulations. TheBoard may add to the uses /lsfed for a zoning distriiiestabtished nv tnii code, based uponthe following findlngs.
a' lncreased Hazards. The proposed use does nof result in hazards or alter thenatural enviranment to an extent greater than the ather itit purritted in the zonedistrict to which it woutd be added,
b' lncreased Nuisance. The proposed use does not create more offensive norse,vibration, dust, heat, smoke, odor, glare ar other objectiotnabti influences or moretraffic hazards than that normatly resutting fram the'otheruses perr? itted the zonedistrict to which it would be added.
c' compatibitity .Tle propo.sed use is compatibte with fhe uses ptermitted the zonedistrict to which it would be added,
Public Hearing(s):: None
x Planning Comrnission
x- Board of County Commissioners
& Board of Adjustment
(Division of Water Resources, Colorado Department of
TransportatIon, etc.)
Referral Agencies:
County Attorneyrs Off ice
County Housing Authority
I V. APPLTCATI-QN. RE.V--IE"\,YTEE5
Planning Review Fees: g3oo.oo
Referral Agency Fees: go.oo
Total Deposit: $3oo.oo (additional hours are billed at hourly rate of $+o-so)
G-encr,al"Appllc;Ii-off ro_qess-rnS
Planner reviews case for completeness and sends to referral agencies for comments. case plannercontacts applicant and sets up a site visit. staff reviews application to determine if it meets standards ofreview' case planner makes a recommendation of approval, approval with conditions, or denial to theappropriate hearing body.
-
"Dis.sl,aimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change [n the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right.
Prqappl[c-ati.p-n5urrnmary-Pr-e-p--are*d*-b-y:
From:
Sent:
To:
Cc:
Subject:
Deborah Quinn
Wednesday, July 29, 2009 12:20 pM
Tom Veljic
Fred Jarman; Douglas pratte
Doug Pratte text amendment
Tom,
I spoke with Doug about the need for the text amendment applicant to be a property owner who would be affected bythe text amendment' He will be submitting an amended application (supplement to the existing) that lists such an owneras the applicant, includes evidence of ownership and the owne/s authorization for Doug to represent the applicant onthis text amendment. He won't be submitting a whole new application.
Doug, I assume you'll provide as many copies of the supplemental info as you did of the original.
Tom, if you have any different direction on this particular issue, speak nowl I did tell Doug you had not yet reviewed theapplication.
Thanks, all.
Deborah Quinn
Assistant Garfield County Attorney
108 8th Street, Suite 219
Glenwood Springs, CO 81601
(970) 945-9150
Fax (970) 384-5005
CoNFIDENTIALITY STATEMENT: This message and any attachments are confidentiat and intended solely for the use ofthe individual or entity to which it is addresseo. ine information contained herein may include protected or othenviseprivileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information isstrictly prohibited and may be unlavrrful. lf you have reieived ttiis messige in error, lierr" notify the sender by replying tothis message and delete the emairwithout iurther discrosure.
Tom Veliic
Tom Vel
From:
Sent:
To:
Cc:
Subject:
.Douglas Pratte Ilandstudio2@comcast. neflWednesday, Juty 29, ZOO} 1L.55 pM- -''
Deborah Quinn; Tom Veljic
Fred Jarman
Re: Doug Pratte text amendment
Thanks Deb and Tom' Tom, I plan on getting property owner signatures on the amended applicationsupplement with evidence of ownership and * urtt o.iration letter for me to represent the owners. I will thenget two copies of the supplement to you and look forward to working with you on this application.
Best regards,
Doug
Douglas Pratte
The Land Studio, lnc.
1002 Lauren Lane
Basalt, CO 81621
(970) 927-3690 phone
(970) 948-6033 mobite
landstudio2@comcast. net
On Jul 29,2009, at 12:20 pM, Deborah euinn
Tom,
I spoke with Doug about the need for the text amendment applisuvuL rrrc rrEeu ruI tne rext amendment applicant to be a property owner who would be affected bythe text amendment. He will be submitting an amended application (supplement to the pxictinol ih:r tictc crrnh -^ ^..._tion (supplement to the existing) that rists such an owner;; il#;'; il:ff 'il'::x%::11 l;: #l*::;this tgxt amendment He rrrnn'r ha ",,k-;++;-- - ..-L - r3::"ll:lendment. He won,t be submitting a whote new apptication.
l:;r,,1:::fl:l::.1,*%^,"'l:.1::1:y .op,:s of the suppr",.nult,r info as you did of the originarItr ur tBtndt,Tom' if you have any different direction on this particuiar issue, speak nowl I did tell Doug you had not yet reviewed theaoolicationapplication.
Thanks, all.
Deborah Quinn
Assistant Garfield County Attorney
108 8th Street, Suite 21d
Glenwood Springs, CO g1601
(e70) e45-e150
Fax (970) 384-5005
CoNFIDENTIALITY STATEMENT: This message and any attachments are confidentiar and intended solely for the use ofthe individual or entity to which it is addresseo. ine inrorniation contained herein may incrude protected or otherwiseprivileged information' Unauthorized review, rorwaroing, p;;i;g,;"pying, distributing, or other use of such information isilil"ll"3:,?::Xi15Jl5lr3""HiYlil"J[fI;:?A:T*,,:o Hi" melsase in error, -pi",."
notirv the sender by repryins to
MEMORANDAM
TO:
FROM:
DATE:
RE:
Deborah Quinn
Assistant County Attorney
Tom Veljic
Senior Planner
July 20,2009
Text Amendment TXTP-60I I
Studios/Doug pratte for
Land Development
Attached is the application for a Text Amendment by Land
alteration of the affordable housing requirements for Rurar
Exemptions which received on 7 /17 l2OO9.
H
T,LANDSII-JDO -
RECEIVEI)
AU0 2 0 2009
GARFIELD COUNTY
BUILDING & PLANNINGlandscape archilecture land planning community planning
l002LaurenLane'P.O.Box107'Basalt,COS'1621 .Telg709273690.tandstudio2@comcast.net
August 20,2009
Mr, Thomas Veljic, AICP
Senior Planer, Garfield County Building & planning Department
108 Bth Street, Suite 40'1
Glenwood Springs, CO 81601
Re: Garfield County Unified Land Use Code Text Amendment
Dear Tom,
Please find enclosed twenty copies of the Garfield County Unified Land Use Code Text
Amendment application to provide relief of affordable housing requirements on large rural
properties utilizing the Rural Land Development Exemption Option, and to provide-an incentive for
use of the Rural Land Development Exemption Option br these large rural properties. We look
forward to the opportunity to work with Garfield County Staff, the Plinning Commission, and the
Board of County Commissioners in this regard. Please let us know if you-have any questions
regarding our approach to this text amendment, or if you need any additional copies io process the
application,
Best regards,
THE LAND ST
The Land Studio, lnc
1.
GARFIELD COUNTY UNIFIED LAND USE CODE TEXT AMENDMENT
The following section shall be added to ARTICLE vll STANDARDS of the
GARFIELD COUNry UNIFIED LAND USE CODE:
Section 7-602 Affordable Housing Exemption Standards
Per Article Vlll Affordable Housing Section 8-102 Applicability, the requirements
for affordable housing shall apply to land use change applilations in Garfield
County, 15o/o for five (5) or more units in Comprehensive Plan Areas thru 5.
Rural Land Development Exemption land use change applications will be
exempt from this affordable housing requirement based on meeting or
exceeding the standards outlined in Section 7-601 Rural Land Development
Exemption Standards and additionally:
The Affordable Housing Exemption shail appry to land use change
applications in Garfield County for six (6) or fewer lots in Comprehensive
Plan Areas 1 thru 5;
The Rural Land Development Exemption may be used to create a cluster
subdivision development on a parcel of land ',l00 acres or more (rather
than 70 acres) in any unincorporated area of the County
Ninety (90) percent (rather than eighty (80) percent) of the parcet shail be
preserved perpetually (rather than for 40 years) as contiguous open
space to be used as wildlife habitat, grazing land, critical natural areas
or similar uses;
The residential density does not exceed (1) residential unit for every
thirty-five (35) acres plus one (1) lotforeveryone hundred (i00) u"r""
contained in the eligible property (with no additional bonus lot).
Please note that the County Staff has discussed the above proposal and offered
comments that the proposed language may be too restrictive and may result in
inhibiting the incentive intent to use the Rural Land Development Exemption
regulations, and that perhaps the threshotd ought to be greater than 10 lots
when affordable housing (Article B) appties.
The applicant is very willing to work with Garfietd County Staff, the planning
Commission, and the Board of County Commissioners to refine the above
Affordable Housing Exemption Standards in order to create provisions that
encourage the use of the Rural Land Development Exemption process for the
large rural tracts that remain in Gaffietd County.
2.
4.
a)
GARFIELD COUNTY UNIFIED LAND USE CODE TEXT AMENDMENT
RESPONSE TO THE FOLLOWING CRITERIA:
Compliance with Comprehensive Plan and lntergovernmental
Agreements. The proposed text amendment is consistent with applicable
provisions of the Garfield County Comprehensive Plan and any
intergovernmental agreements affecting land use or development or an
approved amendment to the Comprehensive Plan prior to the decision on
the text change.
The proposed fexf amendment generally supports the goals and
objectives esfablished in the GartieH County Comprehensive Plan
and focuses on exempting large rural properties from the Article Vlll
Affordable Housing regulations fo enco urage use of the Rural Land
Development Exemption Option to plan large rural properties.
The proposed fexf will only affect rural land that has been consenred
with a conservation easement, has minimal clustered residential
units, and meets or exceeds the standards outlined in Secfion 7-601
Rural Land Development Exemption Standards lhese rural lands
will not be available for future development and will maintain large
amounts of land as open space, agricultural lands, or natural areas.
Compliance with Statutory Provisions. The proposed text does not conflict
with State statutory provisions regulating land use.
The proposed texf amendmenf is cons istent with any Sfafe statutory
provisions.
lncreased Hazards. The proposed use does not result in hazards or alter
the natural environment to an extent greater than the other uses permitted
in the zone district to which it would be added.
The proposed fexf amendmenf seeks to preserue important features
of the environment including natural areas, agricultural land, and
open space. lt will not result in additional hazards or alter the natural
environment in any way other than to promote the conseruation of
fhese areas.
lncreased Nuisance. The proposed use does not create more offensive
noise, vibration, dust, heat, smoke, odor, glare or other objectionable
influences or more traffic hazards than that normally resulting from the
other uses permitted the zone district to which it would be added.
b)
c)
d)
e)
Again, the proposed fexf amendmenf seeks to preserve important
agricultural and open space uses while minimizing residenfial usesin rural areas of GartieH county. The amendmeni witt not create
additional uses for rural lands that witt be an increased nuisance forrural properties.
compatibility. The proposed use is compatible with the uses permitted in
the zone district to which it would be added.
The proposed fexf amendment is compatible with the uses permitted
on land in the rural areas of Gartield County theft are eligibte to utitize
the Rural Land Development Exemption Option,
GARFIELD COUNTY
Building & Planning Department
108 8'n Street, Suite 401
Glenwood Springs, Colorado g1601
Telephone: 970.945.g212 Facsimile: 970.3g4 .3470
www. qarfield-countv. com
REZONING: TEXT AMENDMENT
[Amendment to the text of the Unified Land Use Resolution of 2008 or an ExistingPlanned unit Development
GENERAL INFORMATTON (ptease print tegibty)
) Name of Property Owner:Nieslanik I ts, LLC & Cecelia L. Nieslanik Bypass Trust) Mailing Address: Tetephone: (_9Zg) gOS_tSgr) city: Basalt state: co Zipcode: 81621 ceil: (970 ) g4B-2102
F E-mail address:FAX: (_ )
E-mail address: landstudio2@comcast.net FAX: ( )
Specific Section of County Unified Land Use Resolution of 2008 or pUD to be
amended:
Os
F Purpose for the proposed text amendment:
Mailing Address: Telephone: (_9Zq ) SZZ_SOSO
City: Basalt State: CO ZipCode: 81621 Ce,: (970 ) 948_6033
e rural properties utilizing the
Lasf Revised 12/29/OB
-
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1)
amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008,
or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a
minimum, specifically respond to all the following items below and attach any additional
information to be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed
amendment to the specific text of the County Unified Land Use Resolution or to the text
of an approved Planned Unit Development (PUD). This narrative should describe the
overall purpose of the amendment and the specific sections to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map
of the real pioperty, owned by the Applicant in Garfield County, which will be affected
by such change.
3. lf you are acting as an agent for the property owner, you must attach an
ac(nowledgement from the property owner that you may act in his/her behalf. lf the
property istwned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a
copy of a recorded nstatement of Authority" demonstrating that the person signing the
appiication has the authority to act in that capacity for the entity."
4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form
and provide the fee with the application.
S. Please provide a response that demonstrates that the request meets the following
criteria:
a) Compliance with Comprehensive Plan and lntergovernmental Agreements The
proposed text amendment is consistent with applicable provisions of the Garfield
bounty Comprehensive Plan and any intergovernmental agreements affecting
land use or development or an approved amendment to the Comprehensive Plan
prior to the decision on the text change.
b) Compliance with Statutory Provisions. The proposed text does not conflict with
State statutory provisions regulating land use'
c) lncreased Hazards. The proposed use does not result in hazards or alter the
natural environment to an extent greater than the other uses permitted in the zone
district to which it would be added.
d) lncreased Nuisance. The proposed use does not create more offensive noise,
vibration, dust, heat, smoke, odor, glare or other objectionable influences or more
traffic hazards than that normally resulting from the other uses permitted the zone
district to which it would be added.
e) Compatibility. The proposed use is compatible with the uses permitted the zone
district to which it would be added.
6.Vicinity map: An 8 T, x 11 vicinity map locating the parcel in the County. The vicinity
map shall clearly show the boundaries of the subject property and all property within a
3-mile radius of the subject property. The map shall be at a minimum scale of 1"=2000'
showing the general topographic and geographic relation of the proposed land use
change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be
used.
A copy of the Pre-Application Conference form from the original Pre-Application
Conference.
Submit 3 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 application has been deemed technically complete.
PROCEDURAL REQUI REMENTS
The following outlines the process for amending the text of the Unified Land Use
Resolution or an existing PUD pursuant to section 4-202 of Article lv.
1. Submit Application. The application materials required for text amendment are set forth
in Section 4-501(D) and included above.
2. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-103(C),
Determination of Completeness"
3. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning Commission.
a. Public hearing by the Planning Commission shall be held at the next regularly
scheduled meeting of the Commission for which proper notice of hearing can be
accomplished.
b. Public notice of the hearing shall be published by the Director in a newspaper of
general circulation in the County at least thirty (30) calendar days prior to the date
of the public hearing.
4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director
shall review the proposed text amendment and prepare a staff report. A staff report
shall be prepared pursuant to Section 4-103 E.
5. Review and Recommendation by the Planning Commission. A proposed text
amendment shall be considered by the Planning Commission at a public hearing, after
proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing.
a. Recommendation by Planning Commission. The Planning Commission shall
recommend approval, modification or denial of the proposed amendment.
7"
B.
il
o
6
ffff3H3J}?l#iil3Jffi,3Jffi:?r sharr sehedure the apprication ror consideration
a' Public hearing by the Board of county commissioners shall be held within forty (40)calendar days of the date of the pranning c;*]iirrion,s recommendation.
hearing shalr be ou.brished by the Director in a newspaper ofthe county at reast thirty (sti) .rr*Io* days prior to the date
7' Review and Action by the Board. gf^,co-untv commissioners. Upon a public hearinoconducted pursuant t'o section 4-103 c, conJuct of pubric ularing, the Board o-fcounty commissioners srrall Jetermine wrreitreililu text should be amended.
a' Decision by Board' The Board ofcounty commissioners shall approve, modify ordenv the proposed amendmenr. rhe $r;J;h;;il;il;'u.,;iTl'"'Bi'r_"tor make anysuch approved amendments to the t**Loiir,ir'lano use code.
b' Effective Date' unless othenrvise..p.".llgg by the.Board of county commissioners,an approved amendment to the text of uris [anJ u.r" Coi"lil'ri'il".ome effectiveupon the date of the Board's approving the amenom"nt.
I have read the statements above and have provided the required attached informationwhich is correct and accurate to ttre nest of my knowrecrge.
b. Public notice of the
general circulation in
of the public hearing.
Garfield county, pursuant to Board of co_unty commissioners (,,Board,,) Resolution No.98-09' has established a fee structure 1"aasl F;;;t for the processing of each type ofsubdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted toan application, multiplied by an hourly rri" r* inu p"r.onnel involved. The Boardrecognized that the subdivislon and land use ,ppii.ltion processing time wi1 vary andthat an applicant. should pay for the total .b!t or the review i,rri.n may requireadditional billing' Hourly tri"t based..on tre nouity larary, and fringe benefits costs ofthe respective positions combined with ,n r,oriiy'overhead cost for the office will beused to establish the actual cost of county rtlr tir" devoted to the review of aparticular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee hasbeen expended, the applicant witl be bitt6o b;red on actuat staff hours accrued. Anybilling shall be paid in iull prior to final consioeration or any land ,ru p"rrit, zoningamendment or subdivision plan. lf an applicant has previously failed to pay appricationfi:"itffiil; # lr"J#o'oditionar
apptication' ffir ou ,r"6pGJi"iprocessing untir
checks' including the appropriate Base Fee set forth below, must be submitted witheach land use application, and made payable io'' the cairieto-Countv Treasurer.Applications will not be accepted without ir," i"qriiJo apptication fee. Base Fees arenon-refundable in full, unless a written ,uqr"ri ioi *iftoraw from the applicant issubmitted prior the initiar review of the apprication materiars.
Applications must ir:1y9" a payment Agreement Form (,,Agreement,,) set forth berow.The Agreement estabrishes the'appri.rri ,, uginn';oonsibre for payment of a, costsassociated with processing the a[plication
. i# A"g-reement must be signed by the
::grffi:onsible for payment and submitted with thi apptication in order for it io be
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
lff :?H}ilfl"pi.""",:::,:^r1i,,..?:-lceived. by the county at the time of submittar of;""3,;;'il;#' F;: ri.ill'H,'Jaddition to and awntrroi.,^ ^r ^-.. ^-; ; :1,"3i""iffi,,;!' l# J:detefmined necessarv hrr fha Elna"-r F^- aL^
ff H3:it*"ff :;:H,,lI^1"^"6^:*lti1""".,r;r[#,,i;',"i,;?,.,i1?: j:f ,:?
:,iiH:l B:::,r":ff*',t^,,^:y,,:l:: l,ot,:ov","d bil;:'8i.3,r33:#i,iffiii"J,:[
:ffU,,il.?ff1":fl1^oy^^,1"^annricant to the co;ti i'l[,"il",,ffi";1,,i]jir,irXr;. fiJapplication tendered to the County.
I
GARFIELD COUNTY BUILDING AND PLANNING
BASE FEES
DEPARTMENT
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights_of_Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction plat
Combined Preliminary plan and Final plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Deveropment option Exemption / Amendment
General Admin istrative permit
Floodplain Development permit
Pipeline Development plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited lmpact Review / Amendment
Major lmpact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (pUD) / Amendment
Comprehensive plan Amendmeni
Variance
lnterpretation
Takings Determination
Planning Staff Hourly Rate. Planning Director. Senior planner
. Planning Technician. Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$1 00
$1,075
$300 / $300
$400 / $300
$400 / $300
$250
$400
$400 / $300
$50
$250
$400 / $300
$525 / $400
$300
$450
$500 / $300
$450
$250
$250
NO FEE
$50.50
$40.50
$33.75
$30.00
county_surveyor Review Fee (incrudes review of Amended ^Plats, Final Plats, Exemption ptats) Determined by Surveyorg
Mylar Recording Fee $11 - 1't page
$10 each additional page
-
Page 2
The following guidelines shall be used for the administration of the fee structure setforth above:
1. All applications shall be submitted with a signed Agreement for payment form setforth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. AnVadditional billing will occur commensurate with the additional cosis incurred bythe County as a result of having to take more time that that covered by the basefee.
Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs it.'rtt O" paid to theexecution of the written resolution confirming action on the application.
Final Plats, Amended or Corrected Plats, Exemption Plats or permits will not berecorded or issued until all fees have been paid.
In the event that the Board determlnes that special expertise is needed to assistthem in the review of a land use permit, zoning amendment, or subdivisionapplication, such costs will be borne by the appliclnt and paid prior to the finalconsideration of the application. All additional'costs shall be paid prior to theexecution of the written resolution confirming action on the application.
lf an application involves multiple reviews, the Applicant shall be charged thehighest Base Fee listed above.
Types of "Procedures" not listed in the above chart will be charged at an hourlyrate based on the pertinent planning staff rate listed above.
The Planning Director shall establish appropriate guidelines for the collection ofAdditional Billings as required.
3.
4.
5.
6.
7.
B.
Page 3
a
I,,'NTYGARFIELD CO BI.,'II-DING AND PLANNIN
)
GD EPARTMENT
PAYMENT AGREEIVIENT FORM
(Shail be submitted with application)
Nieslanik lnvestments, LLC &GARFI ELD COUNTY (hereinafter COUNT.y). g!OProperty owner (hereinafter owNER) agre-e as forows:
,]j , ,.- BYIF,TIt:yqTI:q b c.oUNry an apptication for -13edistd_cqunry UnifiedLqnd Use Resollrtion Text Aqendment (hereinafter, THE PROJECT).
Mailing Address:
Print Name
2' OWNER understands and agrees that Garfield,county Resolution No. g6-0g, asamended, establishes a fee schedulJ for each tvpe of subdivision or land use reviewapplications, and the guidelines for tlie administiatiJrior the fee structure.
3' oWNER and coUNTY agree that because of the size, nature or scope of theproposed project, it is not possible at this time to ascertain the full extent of the costsinvolved in processing-tle anplication. owNER ,gr"u, to mal<e payment of the gase Fee,established for ttre pRoJECr, and to thereaft"r"f*1mit additional costs to be billed toowNER' owNER agrees to make adcJitional puvrlntr upon notification by the couNTywhen they are necessary as costs are incurred.
4' The Base Fee shatl be in addition to and exclusive of any cost for publication orcost of consulting service determined necessaw uv trr- Board ,f C;;r'tt commissloners forthe consideration of-an application or additionuicouttry staff time oiJrp"nre not coveredby the Base Fee' lf actual recorded costs **."u0 ir,"^initil-ease r**,'bwr.rER shall payadditional billings to coUNTY to reimburse the coUNW for the processing of thePRoJECT mentioned above' owry|l r"Lno*[Jg;r tnrt ail biiling shau be paid prior rothe final consideration by the coUNTY of ,rv rrio use permit, zoning amendment, orsubdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
, , .ggzg CouFty Boaa r 0a ,
-
CarOoh-
Page 4
aSTATEMENT Or' AUTHORITT
Pursuant to C.R.S. 53g_30_L72, tthis Slatement of Authority on behalf o:a cororado ;'1"'[i.'.'r.#"rui"Blu1?,'rn'r83t#"rt3,"ffch'"
companv, qe,,@,'-.Ei:i::mTmyt'partnership, registered rimited riauirity rrmiieJ p..tnership,limited partnership association, qor".n*unt agency, trust orother), an entity other than un' irrair.iouur, caiabre or holdingtitle to rear property (the 'rEntity"), and states as for-rows:
Nieslanik lnvestments, LLC &The name of the Entity is Cecelia L. Nieqlanik Bypass Trustand is formed under the l-aws ",
The name and/or position of the person au L.hori zed toexecute instruments conveying, encumbering, or otherwiseaffecting tltle to rear property on beharf of the Entity isMark Niestanik -----: "- -"=
=E
-:l
-+!!*
+r
-
a
at-Ir
15
-
o()
F
lo()
oJ
bJ
It(EO(lo(,
LQ0rsoi6G.-oco6 lr_o
The
above
are as
other matters concerni-ng the manner in which the Entitydeal-s wlth any interest in .real property are;
'l
EXECUTED rhis { _ day of AU+ Uaf . ,
/\tsrArE oF COla{Cu.Io }
before me )tth:.s . -? day of
_. r on behal_f of
he lirnitations upon the authority of the person namedor holding the position described Jboru to uino the Entityfollows: NoIe
Signature:
Name (typed or printed:
ritte (if any) , 0O - *fr,tA*eC
couNry oF Pi{ t(r^ I
tt'
,, l
instrument
20
my hand and official
ion expires:
ISEAL]
seal .
05/09
*-A - ii-ao t3
.tY^Li6f
STEWART TITIJE OF GI,ENT,IOOD SPRINGS, INC.
l_620 cRAr,ID AVEI{UB
GLENI{OOD SPRINGS, eo gj.501
(970) 94s_5434
trAX NO. - (970) 945-7081
'January 2B t Z0O9 oRDEn NO. 05001032
RE: /
Thank you For uEing Stewart, Tltlet
f]l connection wit,h the above Order Number, pleaee find att,ached tshe following:
TITI,E COI4MITMENT
Pl,ease dlreot a1].
x AMENDED COMMITMEN"
CIJoSING questiona bol TrTIrg oNLy UILE
ENDORSEMENI
t,it,Ie ingurance 1n
tshe Coxrmitment have
Pleaee direct all TITLE quesElons to! SUSAN SARVER
Phone: 970-945-5434
e-mai1 : EuEan. Barver@gt,ewatrt. com
Cllent: Nteglaqlk/rTulie ir. prat,te
1.
2.
PI,EASE READ CARET'UILY
This is a CotrmLtment to igsue one or more pollcies ofour St,andard Form when Uhe regulreuent,e seE forth Lnbeen sallefied.
3.
only the poriciea ghown are comniEted to. rf there are any changes inthe Lraaeactlonr order an endorgement from ug. stewarb Titre reserve'the right to add and,/or derete requirementa and/or exceptsiona accordingry.
The date on thie com&iEm€nt ie rmportant. NoTHTNG aftser that daEe hasbeen consldered by us
4' ThIg commltment, ie good for 6 monbhe only. Extensions shsuld be orderedf,rom us j.f they are neede<l.
Order Number: o5oo1o32
I. Effectjve date: .ranuary 09,
2. ,P:li"y or policies to be issued:(a) A.L.T.A. Owner,s
Proposed Insured:
(b) A.L.T.A. Loan
Proposed Insured:
Alnount of Insurance
SCHEDULE A
2009 at. 8 :00 A.H.
(c) Leasehold
Proposed Insured:
Purported Address:
CARBONDALE, CO 81623
'' I': "jlffii: interest in the land describcd or referred ro in rhis commitrnenr and covcred herein is
4. Title to thc fee
cEcErrA ". ;;:.ffi:'f..:.3T#";i;:f iT'lj,S,,T[T#:,:^"p:,ive dare hereorvesred i,:Ar'rD *rrEsr,Alrrrc rwrsrrrfrr, -.ill'As
ro ^* r*;;;;irlril*;ffrili*r"#r;'"- ""
5. The land referred to.^r1tfrllCommitment is described as follows:sEE A?TA.HED .EGAL o"r**i"rr#..,
3::: #?I.,Y.TL?: ;,xl,T"ofl'".,,Policy can be issued.
Search r,ee r 93 00 . OO
H
ao
A PARCEL OF LAND SIIUATED IN SECTION$ 2 AND 1 I, TOWNSHIP BSOUTH, RANGE 88 WEST OT THE SIX,H};NINCIPAL MERIDIAN,COUNTY OI9ARFIELD, $TATT OT COiORADO, WITH ALLBEARINGS RELATTVT rb N NrNNr^rC Or i 89,24'15" E BETWEENTHE SW CORNHR OF $AID S^EC-'ION E, N TrOrVr TOUTUN rN PLACE,AND THE S114 CORNER OF SAID SrCirO^i 2, AIT,REBAR FOUND INPLACE, BE'NG MORE PARTICULARLY NLSCNINTD AS FOLLOWS:
BEGINNING AT A POINT ON.A TTNCE LINE, WHENCE THESOUTHWESI CORNER OF$AID SrCirOr,D BEARS S 15'46'3 7- W ADISTANCE Or lNA.g.rrri; THENCE EiOTUC SAID FENCE LINEAND THE DEED RTCORUTN AS RECEPTTO* NUIVIBER 557266 OF
It[$fSrELD couNTy niconns; iur nb*owrrvC srvrN r]
1) N 01 .04,35"
W , 2,177 ,AB FEET;
2) S 89"52'55. 8,22.4A rffil
3) N 49"35'15" r.,21.e0 rrrr;
4) S 99,09,25' r., 1,144.2t Fnhl;
5) S Bg"0B'49" E, 61g.or rrrl
6) N 84"58'12u r, ag.+r rrri,
7) N 9O"OO'OO" E, 508.35 rEri TO A POINT ON THE WESTERLYBOUNDARY Or ASPEru CNiSTNL RIVER rSrNrrS RECORDED ASREcrPTlON No' 230546 ol= inr canr*in counrrv REC'RDS ANDTHF BOUNDARY LINE DE$CRIBID IN THN NiTIDAVIT RECORDEDNOVTMBER 14, ?OO5 NS NTCTPTION r'*O. EAb+10 OF THE GARFIELDCOUNTY RECORDS; THENCT ITNVITd S^ID TENCE LINE AND SAIDDEID AND ALONG SAID WrSrrNrV NbUTVNNNV AND SAIDBOUNDARY L|NE THE F0liowri,rc rHnir irj counsrs,
1) $ 00" 13'2Ar E, 47.89 FE[T;
2) N 99.31'1A'r, 355.75 rEri.;
3) S 01"34',10' E, 535.70 rrri ro THE NORTHWEST CORNER OFLOT 26 OF SAID A$P*N CRY$TA! ESTAiri, irIr*CE LEAVING SAIDWTSTERLY SOUNDARY Ar,f n Sarn gOUIrtDAnv Urur AND ALONG
H
I-EUttttSr?jouNDARY oF sArD Lor 26 THE FoLLowrNG
jl N 7i'36'1_q' E, 205.06 FEEI;
2) 115.06 FEEI ALONG rUi NNC OF A NON TANGENT CURVE TOTHE LEFT, HAVINC N NNOTUS Or SO.OO iErr, A CENIRAL ANGLE OF131"51'07" (cHoRD s78"i780"E, gr g0 rEd'I) To rHE N,RTHEA'TcoRNER oFjtp LoT 26; ruEnicr iinvrlc THE NoRTHERLyBOUNDARY 9I SAID TOi ZO AND ALONG'THE NORTHERLYBOUNDARY of LoT 25 o*alp nsprrv cnvsrnl E'TATE' NBB'54'40' E, A DISTANCE Oi 17O.OO rrrirb IHE NORIHEASTCORNER OFJ3P. 1Or ZT; THENCE rrNVr^rO THE NORTHERLYBoUNDARy oF sArD Lof 'zs
AND nror,rC +rE EASTERLyBOUNDARY OF SAID TOr iS.S !]!i,UN;-E,'; DISTANCE OF 169,98FEEI TO IHE SOUTHEASi CONr.rrN br SNrN LOT 25, A POINT ONTHE WESTERLY NOUruON*'9'SNrN NSPTIV CNYSTAL ESTATESAND THE BOUNDARY iIrui NESCNrNrOirV iHr AFFIDAVITRE.,RDED NsyErrrgrn tq,zaosAa RdEprrorv NO 686410 oFTHE GARFIEL.D COUr,rri NTCOMS; rH}i.rCE LEAVING THEEASTERLY BOUNDARY Oi SNIO rOi ZSIrVi" NrOr,rG IHEWESTERLY BOUNDARY OriNrO NSPEr.r CIVSTNL ESTATES ANDSAID BOUNDAny Urur r,r ggt+,+o, E, n nriinNcE oF 452.92 FEET;IHENCE LEAVING r,r NOUTVONNV Or SNrO'ASPEN CRYSTALRrvER ESTATES AND corviirvurrvC eror,reinro BouNDARy LINETHE FoLLowrNG wrruerirru rrrt coURsEs:
lJ s16"23'01,'llV, 630.97 FEET;
?l ggs"1 2'40,w,294.84 rErri
?l i?g:?0'35uE, 17B.61rerl'
1l lgg:?!:15'E, 26 ee rrri; '
5) S17"09,50,w ,222.30 rErr;
gj y1:?1134"w, 162 slrrEii
p :gll?:qg,w, 51 zsrrEi;'
:l l1?:9e45''E, 205,s}rrrr;
9) soo.o4'1 o"w, 2T 1 .76rEri;
H
oo
10) s08"42:lq,w, 233.96 FEET;
1 1) s 10 "3 2'02,w , 1 03.49 rrrr;
12) s15'40,1!,w, 300.10 rrrr;
13) s3e,03'ggllw; 116.8e rErr;
14) s 19"22'18"W,210,A+ rrrr;
15) S35.21'?9,,E, 12A,1r rrrr;
1 6) S15"57'56'E, 7 1,g7 FEEi
17) s77"A2'5g"w, 14.95 rtti,
1B) s09"34'1 g,,w, g8.21 rrEr;
19) S8Z'02'30,'W, 4TB.lBiEtr; THENCE LEAVTNG sArD BouNDARyLINE THE FoLLowrNG rivE rst counsr!,,
1 ) N00.57' 52'E, 42,05 FEET:
2) N85"55'00,'E, 30, 10 rErrj
3) N00"36'19,,E, 1,637 .g4FrLr;
4) N86"30,000w, 30.04 rrrr
5) N00"36'1e'E,51.33 FEEiioe porNT oN AN EXT'TTNG FEN'ELINE AND THE- DEED NECONPED AS NTCTPTION NO 685683 OFTHE GARFIELD, COUr'riV NiCORDS; rH6iir ALONG SA'DEXISTING FENCE LINE Nr.rO iErO UirP irjE'NOTTOWING THIRTEENcouRSES (13):
1) s 88.52'07, W, 175,45FEET,
2) S 89"04,1A' W, g2g ro rErr;
3) S 83"46'55" W,174.4g rEEii
4) s 88"03'.10, w,364.4r rrEr;
5) N 67.47'4gr w, 53.92 rrEi; ',
6) N 46"56'56'W, 253.64 rrti;
7) S Bg"3 6'14' W , 21Z.SS riEr;
B) N 71.55'45'W, t+.sg rrEi; ',
?l N38.3 B'25'W, 27g.1 4rrrlj
1
gJ !70"54'35"W, 214.AgGi,
11) s44" 4eqo,w, ee. r g FLET;' '
12) 52230'19'w, 230.85 reri,
13) s48"14'38-w, tot.isrrii'ro THE potNT oF BEGINN|NG,
oo
o.
SHTII,IING
7,816,259 SQUARE FEET OR 1 79 437ACRES, MORE
H
SCHEDULE B
Section I
Order Number: osoot o32
REQUIREMENTS
The following are the requirernents to be colnplied with:
Item (a)
,:Hrffi1',"ffi"rflt" account of tlte grantors 0r mortgagors of the firll considerarion for rhe estate or
Itera (b)
;::ff:ilt#,}|*(t) creating the eshte or i,teresr ro be insured must be execured and dury fired for
t'Xffii::;".;t.i:jiffl" as to Debre and Llene, which is atrached or wi* be
Payment of all taxee and aesessment,a currently d.ue and payable, lf any.RecordaEion of a StatemenE of Authority for cEcErrxA.rr_.-NrEsr,ANrK EypAss ?RusT,a trust, pursuant to tbe prorri"tor," of Section 3A-SO_fOA.5 C.R.S.
Deed from vesEed ovfiletr, vestlng tit,Ie to the easremenE ilxterest in purchaeer(e).Certificate of DlemlaEFt id-r.^r L_20o8cvx2s," .nl-ill[i:.'::ffi :l :ff ;:Fl,":..;:::,:i."l,ii.i::tl"Io;o,"::ffjTll3,i:,"11.,1i. ::*::j:,x"*"i1,;*;,,I"o.,"e of ris pendeng
2.
3.
4.
5.
H
EXCEPTIONS
IHfl:HI:!ffi'8:il:te issued will contain exceprions to the folrowing unress the same are disposed of to rhe
l' Rigrrts or claims of parties in possession, not srrown by the pubric records_2' Easernents, or craims of easements, not shown by the public records.3' Discrepancies' conflicts-in boundary lincs, .shortage in area, encroachments, and any facts which a correct
survey and inspection of the ptttni*Jt'*orio air.i"?" ""i'*?r"l are not shown by the pubric records.4'
flY,ll1';t,l'-ltJi: liJrl?li.l;j:il:"", tabor or materiar heretorore or hereafter furnisrred, irnposed by raw
5' Defec6' liens' encumbrances' adverse claims or other *.rr"..j_,if_1ny,, created, first appearing in the pubric:?".:'ff'dl'ilii:ffJ:',t',:"il:llxi,:*fJl[;[iihi3,'Jf.l,s
t]li:..::,#,li."xi,"o i,,sured acquires
6'
Yff#"ff13il,Hrt#?iil,TH;|j]o,,, or exceptions in patenrs, or an a* aurhorizing rhe issuance rhereor;
7. Any and all unpaid taxeg and as geggmentE and any unredeemed tax Ealeg.8. The effect of incluaions {n anv den.r-l ^* -_ _ . -
::$i::':t,
" :::**:il*::ti':l;::',:;,:i::'::".;:i::,::"i;'t$T;. :1".
9. Right, of the proprietor of a veLn or lode Eo extracEtherefrom, should the same f"'ir.,r,O !o penet,rate orhereby grarrted,, aB treserved ln United StaEes pat,enE
Order Nunrber: o5ooro32
BECORDED
SepEember 30. 1g92
December 15. tg94
July 14, 1g9S
SCHEDULE.B
Section 2
RECEPTION I{O.
14610
17973
1853 g
. aDd remove his oreinter8ect the prernleesrecorded as follows:
IJAND AEFECTED
Lot.s 10, X.X., L3 & L4Sectlon 2Lots .L2 & 20, Sectlon 2
NWl/4NEl/4 Secr,ion tl
BOOt(/PAGE
t2/1-4l"
L2/346
12/37 o
J'0' Right of rvay for dltches or canara conatructed br.tfe authority of, the un{tedsuat,6aiabreservedinu,,ie"i-su.t,";u"i;ie-I!.o'auaaeio11owEr
RECORDED
December ls, 1Bs4 ,|!i|f"t" ,lflrtn*ro* ,o. LA$D AFTECTED
I.oEa t2 & 20, gectiou 2,ruty 14, tsgs L2/llo r.gs38 NwL/4NEL/4 section 111r" prlvate road being 30 feet in w{dth and. $a.er ,rl:1l pipellne
"" _.a""red to lnthe Deed f,rom-Roy Mow' ae odrlrri"a".eor oi-Ii" ietate ot charrey wesrey Mow taEvan Blanc and-r-outee'"i"""li""rded rruJ.y ,i,-essr in Book i;;-:r,eage 163 ae
R6cePts1.,n No' r'L0525' itria-ilaa ana plp"iirr"-ior defined ortrer rhan acroseContinued on next page
H
Continuation of Schedule B _ Sectl.on 2order Number: 05001032
LoLe 13, 14 and 11)
12' Easemenb recorded March 10, 1981 dn Book 567 at page 4s ae Reception No, 3r272L.
13. Undlvlded one-ha1f Lnt,erest in all oiI, gas and. other m{nerals together r*iththe rights to proepecE for, mine, extraot, drlll and explor" to. upon palanent ofsurface-damages aB re,erved by Ar:thur A. Blanc, orire A. Blanc, Daryo A. Blancand Hilda M. Blanc Ln Deed recorded October 9, 1981 j.n Book :fi at page l_31 asRecept.lon No. 2L533gr Etrd any and aII aesignmento of, record, or otherwise,thereof, or interesta therein.
l-4' colorado-ute Electriq AgsociaEion, rnc- AccesB Eaaement recorded rrury 21, 1982in Book G'04 aE page 2Z.t as RecepEion No. 330310.
15' Holy crosg Bl'ectric Association, rnc- Right-of-vfay Eaaement, recorded February29, L984 in Book 645 at page 28 as neoeplion fno. 350081..
15. Affldavit Re: Boundary Line AdjueEment record.ed February 25. 1993 in Book gS5at page 420 as RecepElon No. 44451g.
17' r'icenge to uae recorded February 45, 1993 ln Book 855 at page 423 as Recept,ionNo.4445L9.
18' Ea€emene Agreement recolded ilanuary 6, lggg in Book 1r0? at page 7g5 aaReception No. 5383J.8.
19. Affidavlt Regarding.Boundary fr{le AdJuetrnent, recorded Noveriber 14, 2o05 inBook r.745 ac page 647 as Releption N". gs6;io--vce!eE(r Novemoer L
20' Dltch operatr.on and. Iraint,enance Agree$ent record.ed November 14, 2005 r.n Book1.745 at, page 872 ae Reception No,-6;;il;.
2l-. DeclaraEion of Beet,rictsive Covenanbe recorded November L4r 2005 in Book 1745at page 6'gg as Reception No. 686419
22' Deed of conservatlon Easenent, Nieetanik Ranch recorded December 22,200s tnEook 1787 aE page 658 ag Reception No. 69g9?9.
STEWART TITLE GUARANTY COMPANY
privacy policy Notice
PURPOSE OF THIS NOTICtr
Title Y of the Granrnr-Leach-Bliley Act (CLBA) generally prohibits any financial irrstitution, directly or throughits affiliates' front sharing. nonpublit peisonal iniormation ao""i yL, .iritt, a nonaffiliated third party unless rheinstitution provides you ivith a notice fiirr f.irury policies and prictices, such as the type ofinformation that itcollects about you and the categories of persons or entities to *ho* it m;y be disclosed. In compliance with theGLBA' weareproviding youlvith ttrisdocument, whichnotifios youofthc privacypolicies andpracticesofSteryart Title Guarang Conrpany.
*r-T., collect nonpubric personar information about you from the following sources:-- Information rve receive from you, such as on apptications or other forms." Inforrnation about your transactions we ,.rure f.om our files, or from our affiliates or olhers.-- Information rve tcceive frotn a consurner reporling agency.-- Information that we receive from others involvedln youitransaction, such as thc real estate agent or lender.
unless it is specifically slated otherwise in an arnended Privacy policy Notice, no additional nonpublic personalinforma(ion will be collected about you.
Y:.3tv disclose any of the above inforntation that we collect about our customers or former custorrers to ouraffiliatcs or to nonaffiliated third parties as permitted by law.
we also may disclose (his inforrnation about our customcrs or former customers to the follorving typcs of
[*Tf[l
companies thal perrornrmarketing serviceson ourbehalforuirr *li",r*-;;;;;j*markering
" Firrancial service providers such as companies engaged in banking, consumer finance, securities and insurance." Non-financial companies such as envelope stufGri ind other fulfiiimenrservice providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT VOU WITH ANYONEFOR ANY PURPOSE THAT IS NOT SPECTFICALLY PERMITTED BY LAW.
we restrict aqcess to nonpublic personal infornration about you to those employees who need to know thatinformation in order to provide products or services to you. we maintain physical, electronic, and proceduralsafeguards that comply with federal regulations to guard you. nonpruii. p"rronut inforrnation.
Flle No. _ 050010J2 Stcryrrt Tlttc of Glrn$lod SpllnBsr lnr,Prlvrcy Pollcy NotJ(c (ptrro I lRrv,071200t (ynpNt) -
t-rt,
STEWART TITLE OF GLENWOOD SPRINGS, INC.
Privacy Policy Notice
PURPOSE OF THIS NOTICtr
Title v of the Grarnm--!:ThlBlilel'.Act (GLBA) generally prohibirs any.financial insritution, direcrry or throughits affiliates' from sharing- no,putli, peisonal inio.*ution .u"ri v", irith a nonaffiriated third parry unless rhcinstitution provides yo' *ith a itotice or itr f riur.y poricies ,no fru"l..r, such as the type of info'nation that itcollects about you and the categories or pers'ons or entities to wliom il may u. disclosed. In cornpliance with tlresff* fi,T:l[,:',1*'";ffi;].,'ili.do'u'n"nl rvhich notines v",'oiu,, p.r*.y poii.u, ina pru.t;.., or
we may collect nonpubric personar inforrnation about you from the foilowing sourcesl- Information we receive from you, such us on apprications or other forms,-' Information about your transactions we ,aaur. r*r, our fites, o, r.oin'ou, affiliatcs or others.-. Information ws receive from a consumer reporting agency,- Inforrnalion that we receive from othcrs inr'"l""oln lour"transaction, such as the real estate agent or lendcr.
unless it is specificatly stated otherwise in an arnended Privacy policy Notice, no additional nonpublic personalinformation will be collected about you. r rrYqw'jr r utluy r\utrc9' no addltlonal nonpl
we rnay disctose any of thc above information that we colrect about our customers or former custor'rers to ouralfiliates or to nonaffiliated third parties a5 p.rrlu.A by law.
we also may tlisclose this inforrnation about our e[gl96e1s or former cu.stomers to the following types ofilflT:'fl:l companies that perforrn ma,t.ring services on our behalf or wirh wrrom we havc joinr nurkeling
- Financial servise providers such as companies engaged in banking, consumer finance, securi(ies anrr insurance--- Non-financial companies such as envelope rt,rrr".i and othe. rrlnji,r.ni...vicc providers
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL TNFOIIMATION ABOUT YOU WITH ANYONEFORANY PURPOSE THAT IS NOT SPECHCAT.TY PERMITTED BY LAW.
we restrict access to nonpublic personal information about you to those employees who need to know thatinformation in order to nrovide prouucrsor- se*i... ,o you. we mainrain physical, clectronic, and proceduratsareguards rhar compty *i,n r.o*Jir;;l;il;;;uard your nonpubric personar information_
Xl',",Xi r"ti"T ir'"?" (p,uo 2i"""n Tlrlc or clcnrvoo.l sprlnEr, tnq
lrry. 0z200r (Vfptf) "
lrrl
DISCLOSURT
Order No.: 0500L032
To comply with the provisions of c'R.s. l0-11-123, the company makes the following disclosure:
(a) That there is recorded evidonce that a mineral estate.has-been severed, Isased or otherwise convevedfromthesurface estateand ttnrtt,ercis oJruurunfiat rikeriho;il;;r arhir<r parry hords,or"o,all interest in oir, gas, other minerals,-oi g.otr"r*.r energy in the properry; and
*'
I}il:,1tl.rTilffif-tte mav include the risht to enrer and use rhe properry withour the surface
Note:
FllcNo,rc0500l03i Shwrn Tirlc orGhnryood Sprttrgc, Inq
R0, O7l200t (yIISCLOSE)
H
),
DISCLOSURES
Pursuant to C.R.S. l0_l I -122, notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED(B) A CERrrFrcoru,,grjtxEs DUE Lrs.r.rNc EACHoBTATNED .ooy. rsr Couiri"".iouo*r*u*AUTHORIZED AGENT; - vvvrrr r t
IN A SPECIAL TAXINC DISTRICT;
Itxtla ruRrsDrcrroN SHALL BEoR THE couNry rneesuninli
(C) INFORMATION REGARDINC SPECIAT
8i,J$tti8ffi ItiS"ffi i3#Sr#f?",.*r"tli,ffiF?Bffi,tJis^,?L:ffi I
IjX *i:i*-JJ[ il:ilffi:.,^'j,T,,;f ]-,-l-, ,: paragraph c or-Articre^vir requircs rhar ,,Evcry tirre
[:i[:;:jl[t"T,:,:,'i.ft1].:.,,,,.'l:tr1f."diffi#]i,..,Jffiii:i,i,i.i"l:H:ff*.:li;ffi1ff,,,il:lnsured transaction andw r,,o,.d;;;;;;,;fiJ:iTH:'i.,1iJifiril:i*ilxTffi,il.ff'J:xj]Ii#i;,il::::T.[:*ili;:ll;
-
Note: Affirmative Mechanin,q r i-- r)-^.-_..
$4,[1#h?:::?,:';'; #;L';:::IiHffr;,T:ilffi1s;li:i*,: (,vpica,,v bv c,erction orExcep,iony to be issued) upon compliancc wjth the
A. The land^described in Scfteclule A of this cornmirmcnt rincludes a condorninium
".',Jr",ir"rr. urrr. nust be a single family residencc, which
B. No laboror hernr;ol- L^-.- r
,. ,n, ,""i'olJiil:fiJffiffi: f :Hr,".'"'J#Tr#:._:t,T?[.JflI?fJJ,,'J:oses of consrruction
C. The e6rnpapy nrust
.receive an appropriate affidavit ind,nrechanic'sandmarerialm.nirii*r. emnifying the company against unfiled
The conrpany nrust receive payment of the approprialc premium.
E, If there has been n^n,.,,^.:^-"
$Ji;*i+r**,,ffi : nff s*r**1f,{:',**j ffi # i#il #;Indenrnitv
ig:..I:"" ,,uti,no*y"il iill"iiifi;,ffi1Tj,": tt'" upp.rop,iui.'il;#, turry cxecurednecessarv afler au examination oiih, uroresuia iriroiiJ.,irnirifl ;:*i'r"jj] rcquircmenrs as nray bc
[:.HTX1;rvill
bc given under any circumslances for rabor or mareriar for whicrr rhe insured has conrracrcd for or
NOTHING IIEREIN coNTarNnn rr,,, ,
f IJ"i#?;{,sfl:?}ItI??Xt1i,3,#?#f,?fi
Ordcr No. 05001032
Disclosurcs (ySDD) Rcv. 10i99
.gTTgITE THE COMPANY TO PROVIDE( LEss rHE ABovr coivniira;;;";