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Home My WebLink About2.01 CorrespondenceJanuary 25, 2010 Toby Guccini Rocky Mountain Realtors, Inc 820 Castle Valley Blvd # 108 New Castle, Co 81647 BUILDING & PLANNING DEPARTMENT RE: Request to Vacate the Pioneer Glen Subdivision Dear Mr. Guccini, This office is in receipt of your request (via email dated 1/21/10) to "terminate" (County uses the term "Vacate") the Pioneer Glen Subdivision. As you indicated in your email, Lots 1 — 6 of the Pioneer Glen Subdivision has been sold from Specialty Restaurants Corporation to Metcalf Property Management, LLC. (Note, the deed you provided does not contain any recording information. Has this sale taken place? If so, please provide a recorded copy of the deed.) Regarding the request to vacate the subdivision, the new owner (Metcalf Property Management, LLC) needs to request the vacation, as required in the Subdivision Improvements Agreement (attached) as that entity is a "successor and assigned." The County will not consider the request to vacate unless the request includes a request to vacate the plat, accompanied with a new plat showing the vacation from the new owner. As required with the original approvals, the open space parcel was to be conveyed to a newly formed Homeowners Association (HOA). What entity currently owns this parcel and what will occur with the vacation of the subdivision? Will the new owner control / dissolve the HOA? How will this work? How will that open space lot be characterized if the subdivision is vacated? This parcel was not included in the unrecorded deed you provided. Have any monies been spent on improvements to the subdivision thus far? 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 We look forward to your responses to the questions in this letter so that we can move this request forward. Very truly yours, Fred A. Jarman, Al Director, Building 970.945.8212 lanning Department County Attorney's Office SPECIALTY RESTAURANTS CORPORATION January 19, 2010 Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Termination of "Pioneer Glen" Subdivision, Parachute, CO Dear Garfield County: Due to the adverse market conditions, we have sold our 35 -acre property known as "Pioneer Glen" located on County Road 300. The buyer has a different development concept for the property. Accordingly, we wish to terminate and forfeit all County approvals and our rights and obligations under the Subdivision bnprovements Agreement relating to the Pioneer Glen Subdivision. We further request that the County authorize the immediate cancellation and release of the Irrevocable Standby Letter of Credit (LIC # MB60512959) issued by Bank of the West in the amount of $441,259.50 pertaining to this subdivision. Thank you for your prompt attention to this request. CI—Sincerelyyours, Dennis J. Stahl V.P. / G.C. 8191 East Kaiser Boulevard, Anaheim, CA 92808 Telephone (714) 279-6100 FAX (714) 998-7574 (Executive) (714) 998-4861 (Legal/Finance) FAX (714) 998-4962 (Accounting & Others) FAX (714) 998-8496 (Purchasing) FAX (714) 998-7609 (Construction) Fred Jarman From: Deborah Quinn Sent: Friday, January 22, 2010 2:37 PM To: Fred Jarman Subject: RE: Pioneer Glen Subdivision Well, the owner needs to request the release, per the SIA. And we won't consider the request for release unless the request includes a request to vacate the plat, accompanied with a new plat showing the vacation. And what happens to the open space parcel if that happens? I noticed that it isn't included in the conveyance, so we need to know if there is an HOA that owns that and whether the new owner will control the HOA, which is typically what happens when the developer no longer owns the lots. But how will that open space lot be characterized if the subdivision is vacated? Lots of questions, not many answers. I did also notice that there isn't any recording info on this deed yet, so not sure if it is a done deal. 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 confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. From: Fred Jarman Sent: Friday, January 22, 2010 12:53 PM To: Deborah Quinn Subject: FW: Pioneer Glen Subdivision He sold it as a legal subdivision Lots....., etc of plat ) From: Toby Guccini [mailto:toby@teamrmr.com] Sent: Friday, January 22, 2010 12:19 PM To: Fred Jarman Subject: Re: Pioneer Glen Subdivision Here it is. Toby Original Message From: Fred Jarman To: Toby Guccini Sent: Friday, January 22, 2010 10:55 AM Subject: RE: Pioneer Glen Subdivision Toby - Please send me the copy of the deed of the subject property to the new owner. Thank you. Fred 1 From: Toby Guccini [mailto:toby@teamrmr.com] Sent: Thursday, January 21, 2010 2:47 PM To: Fred Jarman Subject: Pioneer Glen Subdivision Fred: Please let me know you received this e-mail and we would like confirmation of this subdivision being terminated and when we can cancel our Security being held by Garfield County. Toby Guccini Rocky Mountain Realtors, Inc 820 Castle Valley Blvd # 108 New Castle, Co 81647 970 984-3720 Phone 970 379-5001 Cell 2 Recorded at o'clock M. Reception No. Recorder WARRANTY DEED THIS DEED. made this 13th day of January. 2010 Between Specialty Restaurants Corporation a corporation duly organized and existing under and by virtue of the laws of the State of CA of the first part, and Metcalf Property Management, LLC of the County of Garfield and State of CO of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of 5560,000.00 DOLLARS. to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: Lots 1, 2, 3, 4, 5 and 6 Pioneer Glen Subdivision According to the plat thereof recorded July 25, 2008 as Reception No. 753015. as known by street and number as: TOGETHER. with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and all the estate, right, title. interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the said parties of the second part its successors and assigns forever. And the said Specialty Restaurants Corporation, party of the first part, for itself, and its successors. docs covenant, grant. bargain. and agree to and with the said parties of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents. it is well seized of the premises above conveyed. as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fonn as aforesaid. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever: except general taxes and assessments for the year 2010 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 1001005 TRGC, and the above -bargained premises in the quiet and peaceable possession of the said parties of the second part, its successors and assigns. against all and every person or persons lawfully claiming the whole or any part thereof, the said party of the first part shall and will WARRANTY AND FOREVER DEFEND. The singular number shall include the plural and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto subscribed by its Vice President the day and year first. above written. Specialty Restaurants Corporation By fit` De nis J. Stahl. Vice President STATE OF CALIFORNIA COUNTY OF ORANGE The foregoing instrument was acknowledged before me on January __.,:.... , 2010. by Dennis J. Stahl, Vice President of Specialty Restaurants Corporation . WITNESS my hand and official seal My commission expires: - Notary Public Commonwealth File No. 1001005 TRGC semrn to. Metcalf Property Managernm5, t t.r 73 S,pprdle [hive, Ste. f Partehvm (7) 51635 LYNETTE M. KELLUM I. _- Commission # 1653359 s Y=m✓.,a Notary Public - Cotttornlo i Orange County My Comm, Expires Mar 21, 2014 Page 1 of 2 David Pesnichak From: Steve Anthony Sent: Tuesday, May 13, 2008 10:51 AM To: David Pesnichak Subject: RE: Pioneer Glen - Tamarisk & Russian Olive removal Dave, Looks like they satisfied this portion: Noxious Weeds Inventory and mapping -The applicant has mapped and inventoried the property. Weed management on the property -Staff requests that the inventoried Russian -olives and tamarisk species be cut and treated prior to final plat and that the applicant provide documentation of this to the Vegetation Management Department. From: Yvonne C. Bryant [mailto:bryant@bhharchitecture.com] Sent: Tuesday, May 13, 2008 9:56 AM To: Steve Anthony Cc: David Pesnichak Subject: Pioneer Glen - Tamarisk & Russian Olive removal Good Morning Steve — I just wanted to follow up with you briefly on the Pioneer Glen subdivision over by Battlement Mesa. We received an invoice from our weed management company indicating that the weeds have been sprayed and the Tamarisk and Russian Olives have been cut and chemically treated. Our next treatment cycle will be the fall. Yvonne C. Bryant, Assoc. AIA, Reg. ID Project Manager BAKER+HOGAN+HOUX ARCHITECTURE & PLANNING PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 FX: 970-453-6888 www.bhharchitecture.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Toby Guccini [mailto:toby@teamrmr.com] Sent: Friday, May 09, 2008 9:56 AM 5/13/2008 Page 2 of 2 To: Yvonne Bryant Subject: Emailing: 05-09-2008 09;54;10AM.PDF Yvonne, Here is the copy of the work that was done at Pioneer Glen for Tamarisk removal.Thought you might need for your file. Debbie 5/13/2008 Pioneer Glen Page 1 of 1 David Pesnichak From: Steve Anthony Sent: Friday, April 11, 2008 5:53 PM To: David Pesnichak Subject: RE: Pioneer Glen This is acceptable. From: David Pesnichak Sent: Fri 4/11/2008 10:50 AM To: Steve Anthony Subject: Pioneer Glen Hi Steve, As discussed, please see the attached document regarding revegetation for Pioneer Glen Subdivision. Thanks Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfield-county.com www.garfield-county.com Original Message From: DAVID P [mailto:dpesnichak@garfield-county.com] Sent: Friday, April 11, 2008 8:49 AM To: David Pesnichak Subject: This E-mail was sent from "RNPC9D6E4" (MP 5500/LD255). Scan Date: 04.11.2008 10:49:28 (-0400) 4/14/2008 Page 1 of 1 David Pesnichak From: David Pesnichak Sent: Friday, April 11, 2008 2:02 PM To: 'bryant@bhhacrchetecture.com' Cc: Michael Howard Subject: Pioneer Glen Final Plat - Review 1 Hi Yvonne, Michael Howard and went over the Pioneer Glen Final Plat this morning. Our comments are as follows: 1. Condition of Approval Number 3(a): "The Homeowners Association shall review and approve all ISDS designs and modifications prior to construction" - was not found within the CC&Rs. Please either advise me on where I may be able to find it or insert this language into the CC&Rs. 2. Condition of Approval Number 8: I have sent the documents contained within the Final Plat to Steve Anthony, Vegetation Management, to review and ensure he the plan is satisfactory to him. I have not heard back from him yet, but if there are any problems identified I will let you know ASAP. 3. Condition of Approval Number 11: This property is in Study Area 1 for Traffic Impact Fees. This fee is $276/ADT, not $280. My calculations are as follows: 9.57 ADT/DU X $276/ADT = $2641.32/DU X 6DU = $15,847.92 w/ 50% due at Final Plat ($7923.96) and 50% due at Building Permit ($1320.66/DU Building Permit). Please update the SIA to reflect these amounts. 4. Condition of Approval Number 14: The dedication on the Plat does not dedicate "domestic wells and water storage tanks". Please update the plat to conform to the approved language. 5. Dedication Language on Plat: there are two misspellings within the dedication language on the plat notably that "not" is misspelled "hot" in two locations (3rd and 5th line). 6. Garfield County Surveyor Review: I have forwarded the final plat to the County Surveyor for this review. I will let you know ASAP when I get his comments back (he often sends any comments to the applicants surveyor as well). Thanks, Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfield-county.com www.garfield-county.com 4/11/2008 David Pesnichak From: Yvonne C. Bryant [bryant@bhharchitecture.com] Sent: Friday, April 11, 2008 4:25 PM To: David Pesnichak Subject: RE: Pioneer Glen Final Plat - Review 1 Good Afternoon David — Please see responses below.... Yvonne C. Bryant, Assoc. AIA, Reg. ID Project Manager Page l of 3 1 BAKER+HOGAN+HOUX ARCHITECTURE & PLANNING PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 FX: 970-453-6888 www.bhharchitecture.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Friday, April 11, 2008 2:39 PM To: bryant@bhharchitecture.com Subject: Pioneer Glen Final Plat - Review 1 Hi Yvonne, Michel Howard and went over the Pioneer Glen Final Plat this morning. Our comments are as follows: ✓1 Condition of Approval Number 3(a): "The Homeowners Association shall review and approve all ISDS designs and modifications prior to construction" - was not found within the CC&Rs. Please either advise me on where I may be able to find it or insert this language into the CC&Rs. This is noted on the last line of Article VII.17 on Page 15 of the CC&R's. v"/2. Condition of Approval Number 8: I have sent the documents contained within the Final Plat to Steve Anthony, Vegetation Management, to review and ensure he the plan is satisfactory to him. I have not heard back from him yet, but if there are any problems identified I will let you know ASAP. Thank you. Steve 0`L` ` has been working with the Company doing the vegetation management on this property. They did PA.." the first round in the fall and are gearing up for the Spring cycle within the next few weeks. They will be doing the general Veg management and the Open Space area discussed with previously with Steve. 3. Condition of Approval Number 11: This property is in Study Area 1 for Traffic Impact Fees. This fee is $276/ADT, not $280. My calculations are as follows: 9.57 ADT/DU X $276/ADT = $2641.32/DU X 6DU = $15,847.92 w/ 50% due at Final Plat ($7923.96) and 50% due at Building Permit ($1320.66/DU Building ' A Permit). Please update the SIA to reflect these amounts. Thank you for the correction. The SIA has �� been updated as follows: ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact fee of fifteen thousand eight hundred forty-seven dollars and ninety-two cents 4/14/2008 _c 6. o4 4A,J Page 2 of 3 ($15,847.92) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., seven thousand nine hundred twenty-three dollars and ninety-six cents ($7,923.96) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., seven thousand nine hundred twenty-three dollars and ninety-six cents ($7,923.96), will be collected pro rata i.e. one thousand three hundred twenty dollars and sixty-six cents ($1,320.66) from each lot owner at the time a building permit issues for a residence within the Subdivision. Item 5 of Exhibit D has been updated accordingly also. Our client submitted a check for $8,038.80 with the application for the Road Impact Fees. Is a new check needed, or shall a credit be done towards any remaining consultant fees? Condition of Approval Number 14: The dedication on the Plat does not dedicate "domestic wells and water storage tanks". Please update the plat to conform to the approved language. The condition states shared water system easements with regards to the domestic wells and water storage tanks. The wells are individual wells for individual lots and are not located in easements. (Exception Lot 1 which is located within an easement on Lot 2. It is still an individual well.) The fire 'dual lots e event of an emer enc the fire department could use the water nnanntiwr int. The tanks are located within the utility easements along the roads. Do you suggest that the Fire protection storage tanks be dedicated to ensure their proper maintenance? Dedication Language on Plat: there are two misspellings within the dedication language on the plat notably that "not" is misspelled "hot" in two locations (3rd and 5th line). Noted. This will be corrected on the final with any additional comments the County Surveyor may have. Garfield County Surveyor Review: I have forwarded the final plat to the County Surveyor for this review. I will let you know ASAP when I get his comments back (he often sends any comments to the applicants surveyor as well). Thank you. We will let Jeff Tuttle know that he should be receiving comments shortly from Scott. Thanks, Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfield-county.com www.c�arfield-county.com 4/14/2008 1 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO WEST BRANCH REGULATORY OFFICE 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501-2563 April 7, 2008 Regulatory Division (SPK -2008 -00432 -GB) John Tallichet Specialty Restaurants Corporation 8191 East Kaiser Boulevard Anaheim, California 92808 Dear Mr. Tallichet: We are responding to your March 13, 2008, request for a Department of the Army permit for the Pioneer Glen Subdivision project. This approximately 35 -acre project involves activities in waters of the United States, including wetlands to construct a roadway access for property development. The project site is located at the Colorado River within Section 24, Township 7 South, Range 96 West, Garfield County, Colorado. Based on the information you provided, the proposed activity in approximately 0.028 acres of wetlands is authorized by Nationwide General Permit (NWP) Number 14. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the special conditions below: 1. Prior to initiating any activities associated with the property development road crossing and impacting waters of the United States, you shall provide a compensatory mitigation plan for the creation of 0.028 acre of on-site palustrine emergent wetlands in accordance with Sacramento District's minimum standards. You may locate these standards at our wet) site adUt��s identified below. 2. To mitigate for the loss of 0.028 acres of waters of the United States, you shall construct 0.028 acres of emergent wetlands (additional acreage is also acceptable) within an on-site mitigation area identified within the required mitigation plan mentioned above. You shall construct the compensatory mitigation prescribed by this plan concurrently with, or in advance of, the start of construction of the authorized/permitted activity. t -2- 3. To provide a permanent record of the completed mitigation work, you shall provide one set of as built drawings of the completed work within the on-site mitigation areas to the Corps of Engineers. The as built drawings shall indicate changes made from the original plans in indelible red ink. These as builts shall be provided to this office no later than 60 days after the completion of construction of the mitigation area wetlands. To insure mitigation success, you shall monitor compensatory mitigation areas for three years or until the success criteria described in the incorporated documents describing the mitigation plans are met, whichever is greater. 4. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. This verification is valid for two years from the date of this letter or until the NWP is modified, reissued, or revoked, whichever comes first. Failure to comply with the General Conditions of this NWP, or the project -specific Special Conditions of this authorization, may result in the suspension or revocation of your authorization. We appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing our customer survey at http://www.spk.usace.army.mil/customer_survey.html. Your passcode is "conigliaro". Please refer to identification number SPK -2008 -00432 -GB in any correspondence concerning this project. If you have any questions, please contact Mark Gilfillan at the letterhead address above, email Mark.A.Gifillan@usace.army.mil, or telephone (970) 243-1199, extension 15. You may also use our website: www.spk.usace.army.mil/regulatory.html. Sincerely, Ken Jacobson, Chief Colorado West Regulatory Branch Enclosures 1 -3- Copies sent without enclosures Mr. Andy Herb, Alpine Ecological Resources, LLC, 1127 Adams Street, Denver, Colorado 80206 Garfield County Building and Planning Department, 108 8th Street, Suite 401, Glenwood Springs, Colorado 81601