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HomeMy WebLinkAbout2.0 AdministrationGarfield County March 22, 2011 Kevin and Paula Busk 490 CR 162 Carbondale, CO 81623 BUILDING & PLANNING DEPARTMENT Reference: Board of County Commissioner Hearing — Sunset Ranch Subdivision Dear Kevin and Paula; As you are aware, the Board of County Commissioners (BOCC) considered your application for subdivision at a public hearing held yesterday afternoon. After much discussion and deliberation the BOCC conditionally approved your request by a vote of 2 to 1 with Commissioner Martin dissenting. The adopted conditions must be satisfied, and a mylar of the proposed plat submitted with necessary signatures, to finalize the subdivision. The conditions of approval are: 1. That all representations made by the Applicant in the application, and at the public hearing before shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Plan approval shall be valid for a period of one (1) year. 3. The Applicant shall comply with the final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR): a. The Final Plat shall contain the following notes: 1. Control of noxious weeds is the responsibility of the property owner. ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. iii. All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. iv. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax. (970) 384-3470 farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. v. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County; vi. Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife; vii. Fencing on the property shall comply with the Division of Wildlife specifications for wildlife - friendly fencing; c. Amendment to the Final Plat shall be as follows: a. Remove the Exemption Certificate and replace it with a Board of County Commissioner Certificate as required on all final plats; b. Add a Lienholder Consent and Subordination Certificate, is required if applicable (for mortgage company); c. Add a Treasurer Certificate of Taxes Paid; 4. The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the responsible entity. This dedication shall be in a form acceptable to the County Attorney's Office and transfer shall occur at the time of recording of the final plat. These easements shall include, but are not limited to all easements of record, utility easements, water system and distribution easements, and extension of the driveway easement; 5. The Applicant shall provide an inventory of noxious weeds to County Vegetation Management by June 1, 2011. If noxious weeds are found to exist on the site a treatment plan shall be provided, reviewed and accepted by the Vegetation Manager. Upon acceptance of the documentation the Vegetation Manager shall provide the Applicant a letter of satisfaction which shall be provided to Building and Planning no later than July 15, 2011; 6. The Applicant shall submit the results of water quality analysis as required by §7-104 of the ULUR prior to scheduling the Final Plat for Board of County commissioner signature. The report shall provide data sufficient to demonstrate provision of adequate water quality to serve the lots in the subdivision. 7. The Applicant shall submit an appraisal of the unimproved property prior to scheduling the Final Plat for Board of County commissioner signature. The fee in -lieu of school land dedication will be calculated based upon that appraisal with payment due and payable prior to Board signature. 8. Prior to approval and recordation of the final plat the Applicant shall be required to comply with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural Fire Protection District. This fee shall be paid to the FPD and correspondence regarding sufficient payment provided to Building and Planning prior to Board signature. 9. The Applicant shall be required to satisfy Traffic Impact Fees which will be calculated and due prior to Board signature of the Final Plat. 10. The well sharing and driveway sharing agreement(s) shall be submitted prior to scheduling of the plat with the Board and the documents shall be reviewed and deemed sufficient to the County Attorney's office prior to Board signature on the plat. The shared driveway documentation shall contain provision for the ongoing maintenance of the culvert at the driveway intersection with CR 162A. I arra awaiting response from the County Attorney's office regarding the sufficiency of the Well Sharing and Driveway Sharing Agreements, each of which shall be noted on the plat. The plat can now be revised based upon these conditions and in compliance with the County Surveyor's comments. Once the changes have made a mylar will be printed and you wilt be responsible for obtaining the following signatures: o Owner (s) with notarization; o Mortgagee (if any) with notarization; o Plat Surveyor; o Certificate of Taxes Paid; o Title Certificate Once the mylar is submitted with the above signatures, and conditions of approval have been satisfied, the BOCC will be requested to sign the plat. The plat is then recorded and the subdivision is complete. Please feel free to contact me with any questions regarding the approval or the final steps necessary to complete the subdivision. Sincerely, Kathy East - ,ACP CC: File Carey Gagnon Temple Glassier State of Colorado Water Resources - View Well Details: Receipt 9114688 Page 1 of 2 enatoionto fizado aiwith9A • C nakirre ig +f� Colorado's Wen Penni! Search Ca va:W.9ov I Garde : us Receipt" 9114688 Clhriaion: 5 Permit R<: 132035- - Water District 38 Well same 1 it: County: GAi2FIELD Designated Basins Ftenagemettt District: Case Number: 7SON0383,84CW0297 WD10: List Refresh: ma/2m 121:.36 AM J-1 ► nt/Owners Dilatory !Rase itenge Appltons/Owner Name tom .newt mu W M Adding, coy/State/Zip OVA i62 rssli.�ra.. COMI. (-1 location Information Approved Wail Location: Q40 Q14O Section 'towneldp Range Pat Foesage foam Section Lina WE NW 29 7.0S 87AW Sixth 982 N 2326 W Northh¢ (UM y): 4366819.0 Fasting (USW x): 315317.8 LOCatlon Accurac7r, Spotted from section lines Pltysigi Address Caylatat nip Parcel m1 5e dMUon Remy Fling Bleck Let Acres la Tract: 40 €-3 Permit Walla Data /sued: 08/12/1953 Date Expires: use(s): DOMESTIC AqALL UNNAMED AQUIFERS Seeded Use (ajm Area which may be Irrigated: 1 ACRES Maximum annual volume of approprlatiod: stature. sienna Requirements: 7nteNzing!taw Meter NOW hy l tog Abandonment Report No t2o Cross Reference Perritt Number Rachet Oewlptlon Perms (a)1 11002# =MC CornmerltaLomt on amended to reflect SOU 7/27/11, KM, N6 (-] Canelnicdvnlusage Damns WNI C,onsteuctlon Data: 10/0113983 Pump Itnstelladon Date: 10/25/1983 Well Plugged: let Icndldel Use: 02)2811964 a levatIen Depth Perforated Casing (Top) Perforated Cadng (Bottom) Static Water level Pump Rate 173 150 170 135 15 DrlIler Slump lhtsatier Uc it Name Address 1927 513MME% WARM- L aux 367 SILT, W 11462 1196 rL4TEt TOM GEON 01:#SFO .CO 11602 Phone Number sr t -I APIAlcationiPerwrittNRary ownership Change Pornoloslatfation Report Received R,St Reneerl8 81 Use Wel Corstruclioo Report Received Pump Irlsfalled Wel CorxbtsGled Remit issued ApplltatlOn Received 03/15)2011 03/02/1985 07/28/1984 12/12/1983 10/25/1983 10101)1903 06/12/1983 07/1811983 f €-1 imaged Dominants Document Name Date Lagged Aatnetated Otiainal FIIP 1710312007 No 13/3812007 Ho CoPylighe0 2004 [Hondo Wilke of Water Resources. All rusts reserved. http://www.dwr.state.co.us/WellPermitSearch/iView.aspx?receipr9114688 03/17/2011 Kathy A. Eastley From: Temple Glassier [tglassier@ia yahoo.com) Sent: Wednesday, March 16, 2011 7:54 AM To: Kathy A. Eastley; kpbusk©sopris. net Subject: Re: Sunset Ranch Subdivision Attachments: Shared Well Water Agreement.doc; JOINT ROAD MAINTENANCE AGREEMENT.docx; well test.pdf; well name change.pdf Kathy, Please see my comments in 'ri below... Temple From: Kathy A. Eastley <keastley@garfield-county.corn> To: Temple Glassier <tglassier@yahoo.com>; kpbusk@sopris.net Cc: Carey Gagnon <cgagnon@garfield-county.com> Sent: Thu, March 10, 2011 10:03:58 AM Subject: Sunset Ranch Subdivision Good Morning! I think that the Planning Commission hearing last night was very educational! What 1 learned is that some additional work needs to be done prior to the Board of County Commissioner hearing. I am providing a list of the areas where we will need to focus some attention and provide some additional details. I will revise the staff report and presentation to include additional information regarding the issues that were brought up last night. Those issues include: 1. CR 162A - This is a County Road and I will provide supporting documentation regarding that fact, such as providing a copy of the "road report' information from Road and Bridge which discusses maintenance and other issues. I will also talk again with Mike Prehm from Road and Bridge on some of the road issues. 2. The driveway — I will need you to provide me with a draft Driveway Sharing Agreement which discusses use and maintenance issues related to the driveway as a whole. The provision of this information is necessary to pre-empt any concerns regarding construction and ongoing maintenance of the driveway — but particularly the access point at the County Road which was identified as an issue. I met with Mr. Prehm Monday and we discussed the road and the access. I understand what he would like to see us do to correct the drainage from the shared driveway and he will assist us in finding the end of the culvert and cleaning it out. We discussed which portion of the drainage is our responsibility and what is the County's responsibility. County Road 162a is not on Adrienne Crouchs property. In 2000 she paid for the construction of the road to be realigned onto the 60 foot easement granted in the 1992 Henderson/Stirling exception on Parcel A and Parcel 8's properties. County Road 162A is an easement on Denise and my property. There is a disputed encroachment past our driveway at the entrance to Stirling Ranch, but like you said the County has taken a stance and told her to sue if she wants to pursue it. 3. The well — I understand that the site has an exempt well which is permitted to serve up to domestic water to three dwelling units and a certain amount of irrigation area per unit. I will add information regarding this into both the staff report and presentation. What I need you to do is contact the Division of Water Resources regarding the well and have it put into your name. It is fairly common that people are unaware of the need to do this, but this will minimize some of the potential issues identified by Mr. Blakesly. Please copy me an any correspondence with the Division — they have an office in West Glenwood. I spoke with Karlyn Adams at the beginning of the exemption process (she is in the Denver office) about the confusion of the two wells and the fact that your well permit is not in your name. You can probably get everything done at the Glenwood office though, I would start there. 4. We will need the revised well sharing agreement -- we had quite a few issues with the agreement you had provided to us, you could probably get a form copy of a well sharing agreement that you could use to satisfy all the necessary requirements in the documentation. You could also check with the Division of Water Resources or online for information. Last week I spoke with Dwight Whitehead regarding the Division of Water Resources opinion on the comments made at the meeting. The Division still agrees with their referral letter. Dwight said that if Bill Blakesly (being that he is an employee at the Division) had concerns regarding the well permit it was better served if he expressed his concerns on the validity of the well permit to the Denver office. There are two court cases that validate the well and its water right status. All are in compliance and are valid. On the 1992 plat of the Henderson/Stirling Exemption there was an identified "well head" on Parcel A. This is not a well. The Stirling Well #5 is the only well on the original 40 acre parcel. Parcel A and Parcel B are served by a well that is in the Stirling Ranch - Gene's Well. The permit is for an absolute water right which allows for Stirling Well #5 to serve up to 3 single family houses, 1 acre of lawn and garden irrigation and non commercial livestock watering. That is what the well share agreement identifies. The revised well share agreement was submitted in the last set of packets that we made for the County. I have attached a copy of it to this email for you. Hopefully, it addresses all the concerns addressed in the referral. Attached find: 1. revised well share agreement - Was submitted in last set of packets 2. road agreement 3. 24 hour well test dated january 2011 - Was submitted in last set of packets 4. 4 hour well test dated March 2011 5. Well quality test dated January 2011 and the 6. Change of owner name application submitted February 2011 5. You should probably think about putting together a brief presentation to the Board of County Commissioners which discusses "`the neighborhood" — this could be discussing the size of lots and homes in the vicinity, just adding to the information that you provided last night. One of the issues that Denise brought up was the "lifestyle" and "community" changes — you should think about how to address that issue and talk about it in the brief presentation. I would also discuss the potential impact of additional vehicle traffic on the driveway and how that may or may not impact Denise Henderson. Is just a verbal presentation what you would like or can we provide a power point. What is the BOCC preference? See you the 21st. Please let me know if there are other issues that you feel need to be addressed. Your responsibilities will be the two agreements (well sharing and driveway), updating the well permit to your name, and thinking about a presentation where you address some of these issues and concerns. Feel free to call me if you want to discuss any of these items or if you think we should meet. Have a good day! Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastleygarfield-county.com SUCCESS 15 NEVER FOUND. FAILURE IS NEVER FATAL. COURAGE IS THE ONLY THING. - WINSTON CHURCHILL 2 Kathy A. Eastley From: Temple Glassier (tlassier©yahoo.com] Sent: Tuesday, March 15, 2011 7:30 AM To: Kathy A. Eastley, kpbuskc7 sopris.net Subject: Re: Sunset Ranch Good Morning - ii spoke with Alison Chiles of the Assessors Department. All mineral rights are in tact. Thanks Temple From: Kathy A. Eastley <keastley©garfreld-county.com> To: Temple Glassier <tglassier©yahoo.com>; kpbusk@sopris.net Sent: Thu, March 10, 2011 10:43:55 AM Subject: Sunset Ranch One item that I forgot - could you verify that the mineral rights are still intact on the property. You may be able to check with the Title Company or look in the Title Commitment. Thanks. Kathy Eastley, AMP Senior Planner Garfield County Building S Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley€ garf ield-county.carn SUCCESS I5 NEVER FOUND. FAILURE IS NEVER FATAL. COURAGE IS THE ONLY THING. - WINSTON CHURCHILL 1 PUBLIC NOTICE TAKE NOTICE that Kevin A. and Paula R. Busk have applied to the Board of County Commissioners, Garfield County, State of Colorado, to request an Exemption from the Definition of Subdivision, pursuant to Section 5-202 of the Garfield County Unified Land Use Resolution of 2008, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description East One — half Northeast One — quarter Northwest One — quarter (E 112NE 114NW I /2) of Section 29, Township 7 South, Range 87 West of the 6th PrincipaI Meridian, together with an easement for ingress and egress, 20 feet in width, along a road as built and in place more particularly described as follows: A 20 foot wide easement situated in the West One — half Northeast One — quarter Northeast One — quarter (W 112NE 114NE 114) of Section 29, Township 7 South, Range 87 West of the 6° Principal Meridian, Garfield County, Colorado, and lying 10 feet on each side of the following described centerline as built and in place: BEGINNING AT A POINT on the centerline of Garfield County Road No. 162 as built and in place whence the Southwest corner of said West One — half Northeast '/ Northwest % (W 112NE114N W 1 l4) of said Section 29 bears South 21°30'29" West, 160.77 feet; thence along the centerline of the 20 foot wide access easement on the following courses: 111.14 feet along the arc of a 72.12 foot radius curve to the left, the chord of which bears South 46°12'57" East, 100.46 feet; thence North 89°38'22' East, 240.00 feet; thence 50.09 feet along the arc ofa 36.17 foot radius curve to the left, the chord of which bears North 49'57'54" East 46.18 feet; thence North 10°17'26" East, 106.41 feet; thence 157.85 feet along the are of a 393.71 foot radius curve to the right, the chord of which bears North 21°46'35" East 156.80 feet; thence North 33°15'44" East, 400.27 feet to a point on the Easterly boundary line of said West One — half Northeast One — quarter Northwest One — quarter (W112NE114NW 114) of Section 29 whence the Southeast corner of the said West One — half Northeast One — quarter Northwest One — quarter (W1/2NE114NW1/4) of Section 29 bears South 02°39'52" West 689.51 feet. Practical Description A 20 acre Parcel at 490 County Road 162, Carbondale CO 81623. Request Description Said exemption will create two parcels from an existing 20 -acre parcel resulting in one 14 -acre parcel and one 6 -acre parcel, within the Rural Zone District. 39` 2S 31" 39' 25 15" 316150 0 10 r 0 tl V Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 318200 318'50 3163001 1 40 316350 316400 3164501 3165001 1 V !,S 316150 316300 Tao 0 a 316250 31460 Map Scale: 12,780 d ported on A sae 0.5" x11") sheet Meters 0 20 40 80 120 Feet 0 50 100 200 300 31450 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 316400 316450 316500 F 0 V o 40 0 qh Q 1/31/2011 Page 1 of 3 39" 25' 31" 39' 25' 16' Garfield County January 28, 2011 Temple Glassier tglassier@yahoo.com BUILDING & PLANNING DEPARTMENT Reference: Busk Subdivision Exemption — File No. MIEA6653 Dear Temple, The Building and Planning Department has adjusted the review process for your request to create two Tots from the Minor Subdivision Exemption Administrative Review (Exemption) to a Combined Preliminary Plan/Final Plat (Subdivision) application. The major difference between the two processes is that Subdivision requires two public hearings — one with the Planning Commission and one with the Board of County Commissioners. Other differences include the number of required review agencies and number of submittal copies, as well as additional technical information required for the review. In order to move forward to the public hearings please provide the following: 1. Soils information — this is requirement of in both the subdivision and exemption process and review comments from the civil engineer (Mountain Cross Engineering) found this information necessary as well. The soils information may be found on the National Resource Conservation Service (MRCS) website, or you can contact the Sopris Soil Conservation District for assistance. 2. Seventeen (17) additional copies of the documentation is necessary so that we can provide copies to the Planning Commission and Board of County Commissioners members. 3. Plat Comments — The plat will be a resubdivision of Parcel 2, Ruth Stirling Exemption with a metes and bound description and should be entitled FINAL PLAT SUBDIVISION NAME (you can name it, just so it is a unique name!) a. Add a 'purpose statement' in the notes that states the intent of the plat is to create two Tots from the area originally created as Parcel 2, Ruth Stirling Exemption. b. Remove the 'Exemption Certificate'; c. Add the attached 'Certificate of Taxes Paid'; d. Add the attached 'Board of County Commissioner Certificate'; e. There appears to be at least one mortgage based on the Title Commitment, therefore a 'Lienholder Certificate' must be added (attached). 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 4. It will be necessary to convert the well permit into the current owners' names. This is a requirement of the Division of Water Resources. 5. Clarification and amendment is necessary to the "Shared Well Water Agreement". Please respond to the following issues (we can work through these issues as we proceed to hearing): a. The property description in the first paragraph should reference by title and reception number the plat that is being recorded. b. The recitals should identify who owns the well permit, and the permit should be identified by number. c. The recitals should also include a brief description of what the well permit allows — e.g. how many gpm are permitted. d. it should clearly identify which Lot owner is the "supplying party" and which one is the "supplied party." e. The easement referenced in the agreement does not match with the description provided on the plat — which one is correct? f. Paragraph 5: Please consider adding more detail to this section, particularly regarding payments. Items such as when payment is due and other billing issues; what happens in the event of non-payment, etc. g. Paragraph 8: Consider omitting this paragraph as it only adds uncertainty. h. Paragraph 14: How will this be monitored? Are these uses consistent with what the well permit allows? L Paragraph 17: The well sharing agreement is necessary to assure that the parcels created will have a legal and physical water supply, so this paragraph is not acceptable to the County. This Agreement must be a covenant running with the land and it may not be terminated at the wish of one of the Lot owners. j. The agreement needs to address: o The remedies available in the event of a breach; o How notice must be given to the various parties; and o What law governs the agreement. k. This must also be the "Entire Agreement" between the parties. There cannot be any other documents or informal understandings that could also be treated as a well -sharing agreement. 6. Public notice requirements (minimum 30 day notice) for this application type require publication in the newspaper, certified mailing of notice to adjacent property owners, and posting of the property. I have the poster available for pickup and I've attached the draft notice for mailing. Feel free to contact me with any questions. Si ely East • AICP CC: Kevi Busk January 11, 2011 Temple Glassier tgiassier@yahoo.com Garfield County BUILDING & PLANNING DEPARTMENT Reference: Henderson Stirling Exemption — File No. MIEA6653 Dear Temple; The Building and Planning Department has reviewed the additional submittal material provide for the above referenced application and determined the application technically complete. The date for a Determination to be made by the Director has been set for Tuesday February 1, 2011. As a matter of process, the Applicant shall be solely responsible for the notification of owners within 200' of the subject site. The Applicant shall present proof of mailing, certified mail return receipt, on or before the date of Determination. Notice for the Director Determination shall be given as follows: • Notice to Adjacent Property Owners. At least 15 calendar days prior to the date of the Director's decision, the applicant shall mail the written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information and the date that the Director has to make a decision. I have enclosed the suggested public notice in Word format so you can add necessary information, such as the legal description of the subject site. The public notice documents are provided as a courtesy, however the Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Note: I have previously provided a draft referral form listing the federal, state and local agencies who will review the application as referral agencies. We will require seven (7) copies of the completed application and all supplemental materials no later than January 17, 108 Eighth Street, Suite 401 • Glenii'ood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 2011 (but ASAP if possible). If the copies have not been submitted by this date, the date of determination may be jeopardized. Feel free to contact me with any questions. Sincerely, /Kathy East ey, A CP Attachments CC: File CERTIFICATE OF DEDICATJONAND OWNERSHIP FINAL AMENDMENT TO THE KNOW ALL MEN BY THESE PRESENTS: 1 MISSGIURI HEIGHTS . ._ RD. That the undersigned are the owners of that real property situated in the County of Garfield, State of Colorado, and being a part of the as shown on HEND RSON/ST1RLING SUBDIVISION►f.A -- I+ Q the accompanying plat, said real property being more particularly described as follows: I— East One-half Northeast One-quarter Northwest One-quarter (E112NE1/4NW114) of Section 29, Township 7 South, Range 87 West of the 6th Principal Meridian, together with an easement for ingress and egress, 20 feet in width, along a road as built and in place more particularly described SITUATED IN THE E1/2 C F THE N E 114 N 1UV 114S E C T as Follows: 1 I Ce N 29 TOWNSHIP 7 SOUTH } ti </:/ am. !! A 20 foot wide easement situated in the West One-half Northeast One-quarter Northeast One-quarter (1N1/2NE1i4NE1I4) [ sic] of Section 29, RANGE 87 VV E S T OF THE 6th P.M. , COUNTY OF GAR F Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and lying 10 feet on each side of the following described SHEET E ET 1 OF 1 centerline as built and in place: I E L D , STATE OF 00 L O RA D +G SITE �` BEGINNING AT A POINT on the centerline of Garfield County Rod No. 162 as built and in place whence the Southwest corner of said West One-half Northeast One-quarter Northwest On -quarter (W1I2NE114NW1/4) of said Section 29 bears South 21°30'29' West, 160.77 feet; thence along the centerline of the 20 foot wide access easement on the following courses: 111.14 feet along the arc of a 72.12 foot radius curve to the left, the chord of which bears South 46°12'57" East, 100.46 feet thence North 89°38'22" East, 240,00 feet; 2391 203 00 275 thence 50.09 feet along the arc of a 36.17 Foot radius curve to the left, the chord of which bears North 49°5T54' East, 46.18 feet; REC. #778262 FOUND REF 7-0 CA RE3n.. AL . f ,, - 'I Ii e thence North 10°17'26" East, 106.41 feet; RONALD M. RAZZORE AND KATHA ROSSEIN-., feet along the arc of a 393.71 foot radius curve to the right, the chord of which bears North 21 °46'35' East, 156.80 feet; 960 COUNTY ROAD 102 REBAR AND ALUMINUM thence 157.85 F CAPS L.S. #15710 thence North 33°15'44" East, 400.27 feet to apoint on the Easters boundaryline of said West One-half Northeast One-quarter' thence y Northwest CARBONDALE, CO 81623 One-quarter (W1/2NE1/4NW1/4) of Section 29 whence the Southeast corner of said West One-half Northeast One-quarter Northwest One-quarter (W1/2NE114NW1/4) of Section 29 bears south 02°39'52" West, 689.51 feet; that said owners have caused the said realpropertyto be laid out and surveyed as Final Amendment to the Henderson/Stirling Subdivision , a FOUND REBAR AND s • • '1 ' f �, ,� _ '��" ° ' ryF' ' '' -• f , �, subdivision of a part of Garfield County, Colorado. And that said owner does hereby make the following dedications and grants: REC. #609583 PLASTIC �0 CAP L.S. #14111 N 89°28'25" E 668.87' 0 - -- / 1. that said owners do hereby grant for the use and benefit of and to run with the title to Lot 2 the access rights associated with that document `' ... VICINITY MAP recorded as Reception No. 696968 of the Garfield County records; and to a private, non-exclusive access easement over and across Lot 1 for the benefit of the owners, guests and invitees of Lot 2 for all forms of surface vehicular and pedestrian access to and frorri said Lot 2; said access easement to be 20 feet wide, centered over a mutually agreed upon driveway alignment proposed at the time of Lot 2 building permit application; such driveway shall be subject to County standards applicable at the time of application; said easement deemed to be amended to be 10 feet on either side of the as constructed and in place driveway; % FOUND 1/4 CORNER SECTIONS 20 AND 29 SCALE: 1" = 3000' ..----- A 2.5' ALUMINUM CAP ON A 2' ALUMINUM IL FLOWLINE PIPE STAMPED L.S. #11204 1985' j LL LATERAL DITCH PER COLORADO LAND SURVEY1\___ — FOUND REBAR AND ALUMINUM MONUMENT RECORD ON FILE CENTERLINE 20' WIDE CAP L.S. ILLEGIBLE TRAIL EASEMENT SURVEY NOTES 2. that said owners do hereby grant private, non-exclusive utility easement over and across Lot 1 for the use and benefit of and to run with the tile of Lot 2 for the installation, operation and maintenance of underground electric service for said Lot 2; said utility easement to be 20 feet wide, centered over a mutually agreed upon underground alignment proposed at the time of Lot 2 building permit application; said easement deemed to be amended LOAFING SHED to be 10 feet on either side of the as constructed and in place electric service alignment;2) 1$‘ 3. that said owners do hereby grant a private, non-exclusive water line easement across Lot 2 for the use and benefit of and to run with the title of Lot 2391 292 00 187 } 4� �:::t. 1 for the installation, operation and maintenance of said underground water line; said water line easement to be 20 feet wide centered over an PARCEL A AND ADDITION TO PARCEL A, ' (<.''' 6\4' by as -constructed and in place underground water line: HENDERSONISTIRLING SUBDIVISION EXEMPTION ,�>;`L G �`� REC. #519623 <C. 5� • - 4. that said owners do hereby grant a private, non-exclusive gas line easement across Lot 2 far the use and benefit of and to run with the title of Lot 1 GLASSIER, TEMPLE AND PALARDY, DENNIS �`� /. ✓ for the installation, operation and maintenance of said underground gas tine; said gas line easement to be 20 feet wide centered over an P.O. BOX 192 as -constructed and in place underground gas tine: BASALT, CO 81621, ,( co .,i FLOWLINE such easements and rights shall be utilized in a reasonable and prudent manner; and that all expense For street paving or improvements shall be LATERAL DITCH furnished by the seller or purchaser, not by the County of Garfield. eu -. Z:eIN WITNESS WHEREOF said owner has caused his name to be hereunto subscribed this day of , A.D., r' LOT 1 REC- #603325 1) DATE OF SURVEY: August 2010 DATE OF PREPARATION: August 2010 - Noverniber 2010 3) BASIS OF BEARING: A bearing of S 02°33'23' W, along the east line of the E1I2NE1/4NW1J4 of Section 29, monumented as shown hereon. 4) BASIS OF SURVEY: The Final Plat of Stirling Ranch Planned Unit Development, The Exemption Plat of HendersonlStiriing Exemption, The Resubdivision of Lots 28, 29 and 30, Stirling Ranch PUD, The Final Plat of Lions Ridge Estates, the Final Plato#Sun Mesa PUD. the Final Plat of Cerise Randy Subdivision, Phase I and Il, various documents of record and the found monuments shown hereon. 5) This sunray does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or CENTERLINE 20' WIDE easements of record. For all information regarding easements, rights-of-way and/or titie of record SE relied upon the IRRIGATION DITCH EASEMENT items outlined in Nate 4 and the title policy prepared by Commonwealth Title Company of Garfield County, Inc., under REC. #603325 File No. 0701064, effective date January 15, 2007. 2010. - 632,822 sq.ft± r 6 / 14.528 acres± MINERAL OWNERSHIP z 1) An undivided one-half interest in and to all oil, gas and other minerals in, on or under subject property has been Owner: Kevin A. Busk,- S 89°21'33" W 383.1T YARD STATE OF COLORADO ) I HYDRANT )SS. -• ,� COUNTY OF GARFIELQ J Ihas ELECTRIC METER APPROXIMATE LOCATION OF SEPTIC FIELD/SYSTEM The foregoing dedication was acknowledged before me this day of , A.D., 2010, c' / reserved by L.F. Higgenbotham and Olive Higgenbotham in a warranty deed recorded as Reception No. 227350 in the office of the Clerk and Recorder of Garfield County. 2) The remaining undivided one-half interest in and to all oil, gas and other minerals in, on or under subject property been reserved by Philip B. Klein in a warranty deed recorded as Reception No. 230970 in the office of the Clerk and Recorder of Garfield County. �+ ce . GRAVEL DRIVE ce by Kevin A. Busk. ter ce ir CONCRETE z, My commission expires LIDS LOT 1 2391 291 05 024 (___ firiell---0-P .---(---x e‹, /),,,,,,,,k LOT 24. STIRLING RANCH SUBDIVISION REC. #603325 NYSTROM, BOB AND MICHELE _ _ BUILDING ENVELOPE RIDING g„ FOUND #5 REBAR gn:1 E +>� 134,836 sq.ft± ARENA iz'z' ce 475 BERRY HILL ROAD / SYOSSET, NY 11791 WITNESS MY HAND AND SEAL / 50' RESIDENCE CI co EXEM TION CERTIFICATE f f 20' WIDE Thisa approved byresolution of the Board of CountyCommissioners at Garfield County, Colorado this day f platP#x ty Notary Public CENTERLINE 20' l `. WATERLINEE BEASEMENT , A.D. 2010. to filing with the Clerk and Recorder of Garfield County, such approval in no way IT OOof FOR THE BENEFIT OF LOT 1 implies that the information shown herein is true and accurate but does indicate that thisplat is exempt from and not WIDE EASEMENT ! GAS METER PER THIS PLAT P P subject to regulation under Garfield County Subdivision Regulations at the time of its filing. REC. #696968 �; f / / \ I. N 89°21'33" E. 383,85' (SEE DEDICATION PARAGRAPH 3) 2391 292 00188 120' APPROXIMATE CENTERLINE 20.0" WIDE ci Chairman PARCEL B, HENDERSON/STIRLING Owner. Paula R. Busk SUBDIVISION EXEMPTION 10.0' F STATE OF COLORADO ) REC. #441441 ; ` '• GAS EASEMENT FOR THE BENEFIT OF LOT 1 PER THIS PLAT Witness my hand and seal of the County of Garfield S 89°2133" W 670.78' (SEE DEDICATION PARAGRAPH 4) Attest JSS. HENDERSON, DENISE M. --f- [ / APPROXIMATE CENTERLINE .2 5T COUNTY OF GARFIELD) 488 COUNTY ROAD 162CARBONDALE, CO 81623-9621 / 20' WIDE ACCESS AND$ County Clerk,. UTILITY EASEMENT FOR THE N 89°21'33` E 250.041' The foregoing dedication was acknowledged before me this day of , A.D., 2010, BENEFIT OF LOT 2 WELLHEAD AND + FOUND REF REBAR AND ��JJJ ) YARD HYDRANT 1 PER THIS PLAT PLASTIC CAP L.S. #31944 by Paula R. Busk. (SEE DEDICATION ,.- I55' PARAGRAPH 1) 1 FOUND N1116 C -C CORNER SECTION 29 COUNTY SURVEYOR'S CERTIFICATE LOT 2 I LOT 2 My commission expires / BUILDING ENVELOPE A 2.5' ALUMINUM CAP IN A 4' WOOD FENCE •/ 261,749 sq.ft.±� r— POST STAMPED L.S. #31944 2002 Approved for content and form only and not the accuracy of surveys, calculations or drafting. Pursuant to C.R.S. 1973, .--- 69,500 sq.ft.± ' ' 38-51-101 and 102 (revised). 6.009 acres± j fce Lu UPGRADED AND MONUMENT REPORT FILED( J WITNESS MY HAND AND SEAL , if FLOWLINE‹<, r rn DITCH t i'`."-_ 0) i -,t2, CSC-_, JjJ C7 (c, TO COUNTY ROAD 162 A / .., `�` Scott Aibner, Garfield County Surveyor Date rIZQ"i DOUBLE-TRACK ` ' f'3 Notary Public 60' ACCESS UTILITY AND + j TRAIL U: 4c' WATERLINE EASEMENT lj q — PER REC. #603325 FENCELINE 1 AREA OF AGREEMENT 2391 291 05 036 REC. #545046 i J LOT 30, SURVEYOR'S CERTIFICATE TITLE CERTIFICATE 1 L_ S 89°21'33" W 250.00' STIRLING RANCH SUBDIVISION FOUND REBAR AND ASPHALT ROAD SURFACE PLASTIC CAP L.S. #14111 DRIFT FENCE 55' FOUND REF REBAR AND c RESUBDIVISION OF LOTS 28, 29 AND 30 I, Mark S. Beckley, do hereby state that 'l am a registered land surveyor licensed under the laws of the state of Commonwealth Title Company of Garfield County Inc. does hereby certify that it has examined the Title to Wands j PLASTIC CAP L.S. #31944 REC.#666957 Colorado, that this plat is a true, correct and complete Finan Amendment to the Henderson/Stirling Subdivision as laid ■ PATRICIA K out, dedicated and shown hereon;. that such was made form an accurate survey of said by me and shown upon this Plat and that Title to such lands is vested in Kevin A. Bush and Paula. R. Busk, free and dear of all OTTE, platted, plat property ` S 89°21'33' W 671.53' liens, taxes and encumbrances, except as follows: 2391 292 05 023 6� 2391 292 05 034 89 DANIEL DR under my supervision and correctly shows the location and dimensions of the boundary, lots, easements and streets of CENTERLINE 30' WIDE ASPEN, CO 81611 said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the LOT 23, STIRLING RANCH SUBDIVISION 'S' 6.1 . LOT 28, STIRLING RANCH SUBDIVISION Ct. ?i `� subdivision CENTERLINE 20' WIDE RESUBDIVISON OF LOT 23 Ty TRAIL AND UTILITY EASEMENT — — +^ B,r �p RESUBDIVISION OF LOTS 2$, 29 AND 30 REC. #666966 � REC. #603325 �'S TRAIL EASEMENT CENTERLINE 20 �, ' REC. #666967 aril tri cps. 20 REC. #603325 REBECCA STIRLING IRRIGATION DITCH —� °`1 6�c(0 9, SISTER'S SOPRIS LLC In witness 1214 LINCOLN STREET 93,E '�/e FOUND REBAR AND EASEMENT 418 PU'UOPAE ROAD HOOD RIVER, OR 97031 `'�, Dated this day of A.Q., 2010. ALUMINUM CAP L.S. #11204 REC. #603325 KAPAA, HI 96746 (".(Ai(0CLERK j MARKS. t3ECKLER, L.S. #28fr i AFT AND RECORDER'S CERTIFICATE - - --- - — - Agent Commonwealth Title Company of Garfield County, Inc. GRAPHIC SCALE SJPRiS ENGINEERING —LLC This plat was filed for record in the Office of the Clerk and Recorder of Garfield County at o'clock M., 127 East 5th Street 100 100 200 400 �� on the day of A.D. 2010, and is duly recorded in Book , Page , Rifle, CO 81650 - �"�► CIVIL C C) N S IJ I I ,j� LT /\ N I S Reception No. Attest: 6-02 MAIN STREET, SUITE• . (IN FEET) U ITE©A3 �y41 NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGA. ACTION 1 incl/ - 1 fl4Jft, CARBONDALE, R Q d DAL E, COLORADO 8 62 BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FiRST J ©� 704-0311 MAY ANY ACTION BASED UPON ANY DEFECT IN DISCOVER SUCH DEFECT. IN NO EVENT M�i THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF Clerk and Recorder CERTIFICATION SHOWN HEREON. 10143.01 1110312010 ai 10143PLAT.DYVG sopris@sopriseng.com NOVEMBER 18, 1991 BOCC Minutes PUBLIC MEETING FOR A SUBDIVISION EXEMPTION REQUEST LOCATED ON COUNTY ROAD 102; APPLICANT, JO}tE STIRLING/DENISE HENDERSON Don discussed the legal notice requirement with Town Adkison, Leavenworth and Lochhead, and Denise Henderson, applicant, 0704 Skipper Drive, Carbondale. The Board found the notice requirements to be adequate. Andrew McGregor, County planner reviewed the staff comments and there was a discussion regarding the easement ROW with E Ung Lloyd, Road & Bridge Supervisor. ThR easement portrayed an the plat will be an access road to the Sun Mesa PUD and the ROW for that easement will be according to County Road Standards on the exemption plat. After a discussion regarding the wells, Commissioner Arbaney made a notion that the Board approve an exemption for Jahn Stirling and Denise Henderson with the conditions of approval as slated in the staff comments dated November 18, 1991 with the change in condition 47 that, ..a 3rd plat note be made stating that no further exemptions from the definition of subdivision shall be allowed; add condition t9, "Prior to the approval of the exemption plat verification of the acceptability of the water supply plan shall be received from the State Division of Water Resources; and 9, "A roadway aasemint shall he identified on the exemption plat that meets minimum County standards for access to.the Sun Mesa PUD.- Commissioner Smith seconded the motion; carried. a rrfnnnn O r n, n r.r..rn...• RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)845-8212 Fax: (970)384-3470 Applicant Kevin & Paula Busk 490 CR 162 Carbondale, CO 81 623 Return to: Invoice Number:INV-11-10-20682 Invoice Date: 1/1/18110 Plan Case: Subdivision Minor Exemption Application, MIEA-11-10-665: Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Busk Subdivision Exemption application. Fee Name Fee Type Fee Amount Minor Exemption Application Fe, Fixed $300.00 Total Fees Due: $300.00 Date Pay Type Check Number Amount Paid Change 11118/2010 Check 7632 $300.00 $0.00 Total Paid: $300.00 Total Due: $OAQ BUSK CONSTRUCTION, INC. BUSK CABINETRY & DESIGN 770 INDUSTRY PLACE STI•;. B CARBONDALE, COLORADO 81623 970-963-5568 wear TI{E & t e CCJ LA DROER QF "--41r_c212-. /to d (a/v) "%Do US BANK 400 EAST VALLEY ROAD MIT K EL JEBEL, CO 8/628 23-2?1020 7632 $ 8o J_ C t. MEMO EA - (p(453 Lo4- i ( DOLLARS ALM {ekILL IUNAIURE AP Thursday, November 18, 2010