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Home My WebLink About1.0 Application• • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garfield-countv.com • RECEIVED AUG 1 2 2005 GARFIELD COUNTY 970.384.34a�ILDING, PLANNING AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: TBD Auburn Ridge LN, Glenwood Springs, Colorado 81601 ➢ Legal Description: Lot 1 Resubdivision of Los Amigos Ranch Filing One County of Garfield State of Colorado ➢ Subdivision Name: Los Amigos Subdivision AKA Elk Springs Subdivision ➢ Description of Proposal: Vacate Access Easement and Vacate Telephone, Gas and Sewer Easements > Name of Property Owner (Applicant): Hayden Rader ➢ Address: P.O. BOX 686 Telephone: 945-1320 /948-0699 > City: Glenwood Springs State: CO Zip Code: 81602 FAX: 945-4764 > Name of Owner's Representative, if any (Planner, Attorney, etc): NONE ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: ➢ Zone District: Last Revised: 11/21/02 1 • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Hayden Rader (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Amended Plat (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: August 8th 2005 Hayden Rader Print Name Mailing Address: P.O. BOX 686 Glenwood Springs, CO 81602 945-1320 Office. 945-4764 fax Page 4 1111111 IIIA 111111 1111 1111111111 1111111111111111 538242 01/05/1999 10:o A B1107 P603 M ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO The primed portions of this rum hate been apprmed by f the C'ulurado Neal Estate Commission. (TD 72-7-96) 1 lb 11115 FORME IS USI) 1N A CONSUMER CREDIT TRANSACTION. CONSULT LEGAL COUNSEL. THIS ISA LEGAI INSTRUMENT, 11 NOT UNDERSTOOD, LEGAL TAE OR O1NER COUNSEL SHOULD RE CONSULTCD BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) • THIS DEED OF 1 R(JST is made this 4th day of January 1999 _ . between Hayden Rader (Borrower), whose address is P.O. Box 366. Glenwood Springs, CO 81602 and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee): for the benefit of Pat E. Dowdy Revocable Trust and Patsy .1. Dowdy Revocable Trust (Lender). whose address is P.O. Box 1263, Glenwood Springs, CO 81602 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower. in consideration of the indebtedness herein recited and the trust herein created. hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield State of Colorado: i .)J Lot 1 Resubdivision of Los Amigos Ranch Filing No. 1 according to the Plat Recorded July 23, 1983 as Reception No. 344098 Together without warranty any and all water and sewer rights including those pertaining to the Red Canyon Water District and Spring Valley Sanitation District. which has the address of Glenwood Springs vacant land t.SUR•1) Colorado 81601 (Property Address), together rear) (zip cadre with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deaf of'leust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated January 4 1999 in the principal sum of One Hundred Eighty Five Thousand and No/ 100 U.S. Dollars, with interest on the unpaid principal balance from January 1 _ _ 1999 until paid, al the rate of herein percent per annum. with principal and interest payable at P.O. Box 1263 described G1 nr�roo Sprin¢s CO 1602 or such other pace as the moiler may estgnate, n 17 monthly payments of i n teres t nn 1 y of Seven Hundred and No/100 Dollars • (U.S. $ .__700.00 ) due on the est d•iy of each month beginning • February 1 1999 ; On January 1, 2000, a principal payment of $20,000.00 shall be paid. Thereafter, the remaining principal balance of $165,000 shall bear interest at 8.5% per annum and be amortized over 30 years /" payable at $1,268.71 per month for the next 12 months starting on February 1,2000. The principal balance after these 12 payments shall be $163,753.00 and thereupon on January 1, 2001 a principal sum of $20,000 shall be paid. Thereafter, the remaining principal balance of $143,753.00 shall be amortized over 30 years payable at $1,105.34 per month with interest at 8.5% starting on February 1, 2001 and continuing each month thereafter until. January 1, 2009 when the entire principal and accrued 9:i ed interest shall he due and payable if not sooner paid. and Borrower is to pay to Lender a late charge n 5 of any payment not receivedby he Lender within 5 • days after payment is due:: and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except. Upon default the entire indebtedness shall bear interest at the rate of 12% per annum from the date of acceleration. B. the payment of all other suets. with interest (hereon at 12 9'd per annum, disbursed by Lender in accordance •, with this Deed of Trust to protect the security of this Deed of trust: and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property. and warrants tide to the • same. subject to general real estate taxes for the current year. easements of record or in existence, and recorded declarations. restric• - tions. reservations and covenants, if any. as of this date and except matters shown on Stewart Title of Glenwood Springs Commitment No. 98027743 dated September 3, 1998. 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other cost -mints contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by I ender pursuant to paragraph 9 (Protection of Lenders Secuity). and the balance in accordance with the terms and conditions of the Note. No. 1 L)72'-96. DEED OF 111592 1 nanXler s ,) 0„,„ 36i c D ndlord Publishing, 1743 w':su'e SI.. Denver. (:l) 80202 12031 29 2 l9J 4.9X Page 1 of 4 6.18-p A s`t•ls /A Inale$1� • • August 8, 2005 Garfield County Building Department Ref; Narrative "Amended Map Submittal" Legal Description: Lot One, Resubdivision of Los Amigos Ranch Filing Number One, County of Garfield, State of Colorado. This requested Platt Amendment consists of four separate Vacated Easements as shown on attached Map as No.1,2,3,&4. 1. Is showing a Telephone Easement that is not in use and will not be used in future planning. 2. This Access Easement was platted by the original Developers of the Los Amigos Subdivision. The Access Easement has never been used by any persons or vehicles. On the Westerly end of this Easement, Elk Springs Subdivision (aka- Los Amigos Subdivision) Homeowners Association has placed a large dirt mound with large pine trees and numerous landscape plants blocking any possibility of use in what may have in the past been a continuation of this Easement leading into the current main artery (Elk Springs Drive) of Elk Springs Subdivision. The parcel of land that adjoins this lot and Access Easement on the westerly border is listed and identified by Garfield County Assessor Maps as Common Area and governed by Elk Springs Homeowners Association. Elk Springs Developers have also created and built a paved circular roadway access/exit onto "Elk Springs Drive" to all the Homeowners Central Mailboxes which permanently remove any possibility of a continuation of this roadway Access Easement. 3. Is showing a Sewer Line Easement that is not in use and will not be used or needed in future planning. 4. Is showing a Gas Line Easement that is not in use and will not be used in future planning. • OWNERS WITHIN 200 FEET Legal Description: Lot One, Resubdivision of Los Amigos Ranch Filing Number One, County of Garfield, State of Colorado. Los Amigos Ranch Homeowners Association 2929 County Road 114 Glenwood Springs, CO 81601 Paul & Carlota Klimas 56 Pinon Dr Glenwood Springs, CO 81601 Elk Springs, LLC 141 W. Jackson Blvd Suite 1720 Chicago, IL 60604 William & Pamela Gibson P.O. Box 376 Basalt, CO 81621 Louis & Suzanne Eller 0127 Elk Springs Dr Glenwood Springs, CO 81601 Colorado Mountain Junior College Dist. P.O. Box 10001 Glenwood Springs, CO 81602 Sunlight Partnership (Mineral Rights) C/o Hugh Tucker 2736 Marilyn Rd Colorado Springs, CO 80909 Sent B :; ; 1; Sep -7-05 4:15PM; • • September 7, 2005 Garfield County Building & Planning Department Attention; Fred Jarman Re: Request for Plat Amendment Dear Mr. Jarman, 1 have recently received your response to my initial application for vacates and will respond to the questions you have requested. Please refer to the Narrative that was submitted to your office dated August 8`h 2005. I. The Telephone line Easement was originally placed and recorded on the plat to provide the main telephone service lines for Los Amigos Ranch Subdivision from an East to West direction. It was never used and has been abandoned and relocated in an easement plated in a northerly direction from the main telephone pedestal shown on plat (to service current and future users). 2. The Access Easement has never been used by past or present users; it was platted for a mixed use plan by the original developers. The developers and homeowners of Elk Springs Subdivision have segregated themselves from this property and want no traffic of any kind from this multifamily lot. 3. The Sewer line as shown on the plat was original placed to service 48 Apartments on this lot. In the early 80s the developers began construction to build 96 apartment units on 14+ acres, 48 units were completed and are currently identified as the Auburn Ridge Apartments, the site was split into t'wo 7+ acre parcels with 48 units each, the remaining 48 units on the subject site were never completed beyond foundations. The sewer service line to be abandoned was going to be used exclusively for these unfinished units. The foundations and apartment plans will not be used in a new development proposal. So there is no need for this easement or service at this specific location. 1 Page 2/3 Sent B ; 1; • Sep -7-05 4:16PM; • 4. This gas line easement to be vacated was originally platted for use in the Elk Springs Subdivision (aka- Los Amigos Ranch) by the Gas Company for use by the homeowners. The gas company placed a regulator on the subject lot to service the Spring Valley area and assumed they would use the platted easement for gas mains. The engineers of Elk Springs decided to take a Northerly direction from the regulator with their gas main and not use the easement originally platted. The easement has not been used and will not be needed in the future. I hope this additional information clarifies your questions, please feel free to contact me at 945-1320 or 948- 0699 with any further comments or questions you man have. Sincerely, Hayden Rader Page 3/3 Ac. F o C1 c 5, 151(00 � 1 , .ffpp 03 �o`05F 4 Ao 0 3 0gti7 ?MI5 Ao. ti T s 40 � 1 \ • 0 1, �G� 00N • r 7.516 Ac. 'y N, ro�A, C+ CO MULTI-FAMILY OPEN N S 2393-042-00-034 re: txemPt COLORADO MOUNTAIN COLLEGE il- tI A_-; 111-MF(1)0 04 ° NO.2 04 e.eee do. .gyp 2393-054-00-008 $ � w a4 B ac. P V .. 1T �FFj Kr .__ . .... s�O / ca y0 aAICAL m O ti .. ma. eery Am S4 0 444- QMee Et o O . Ita c.) ..t. *4 gal, • CD �__® a, 15111. .;„ . e 1 °a0 �rr� ,..0•, 2393 -05 �� .0.01 '.r •1• .jc ;:'. N O °V 1 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: TELEPHONE: 970.945.6546 FACSIMILE: 970.945.9769 www.balcombgreen.com November 15, 2005 Fred Jarman, Assistant Planning Director Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Lot 1, Los Amigos PUD, Filing 1 Dear Fred: OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY Enclosed please find a copy of my letter to the local Kinder Morgan field office by which I have asked them to confirm whether or not there is an active gas line in the gas easement proposed to be vacated across the above=referenced property. The reason I have made this request is set out in the letter. If possible, please do not let the proposed amended final plat of the subject property be recorded until Kinder Morgan has verified whether or not there is active gas line within the easement. Thank you for your attention to this matter. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Gary L. McElwee (w/encls.) Hayden Rader (w/encls.) 04/Lawrence R. Gree i EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA FACSIMILE TO: (970) 928-0417 Jeff Nelson, Field Coordinator Kinder Morgan 0096 County Road 160 Glenwood Springs, CO 81601 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.9769 www.balcombgreen.com November 15, 2005 Re: Lot 1, Los Amigos PUD, Filing 1 Dear Jeff: OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY Per our discussion this morning, I am enclosing a copy of a Partial Release of Right -of -Way and Easement signed by Daniel E. Watson on August 25, 2005 and recorded in the Garfield County records on August 29, 2005. By this document, it appears that Rocky Mountain Natural Gas Company, and hence Kinder Morgan, have released their interest in the described interest. This release of easement would obviously be inconsistent with the presence of an active gas line within the easement as depicted by the "information only" sketch map you gave Gary McElwee this morning. Representatives of Los Amigos are also of the understanding that, at least at one time, there was an active gas line within the easement which provided service to Filings 1 and 2 of the Los Amigos PUD. We therefore request that you verify whether or not there is an active Kinder Morgan gas line within the easement and let me know the results of your investigation. This matter is important to several different parties, so your attention to this request will be greatly appreciated. Please contact me if I can provide you any further information about this matter. LRG/bc Encls. xc: Fred Jarman (w/encls. Gary McElwee (w/encls.) Hayden Rader (w/encls.) Very truly yours, BALCOMB & GREEN, P.C. Lawrence R. Green Sent By; ; • 111111 Alii 111111111111 I1111111 1111111 111 111111111 Illi '1;82127 08/29/2005 02:02P 81721 P37 M ALSDORF 1 of 2 R 11.00 0 0.00 GARFIELD COUNTY CO 1; Oct -21- 3:19PM; • PARTIAL RELEASE OF RIGHT-OF-WAY ANC) EASEMENT KNOW ALL BY THESE PRESENTS: WHEREAS, by instrument recorded November 27, 1995 at 3:20 pm at Book 959, Page 392, Reception Number 485729 in the Recorder's office of Garfield County, State of Colorado, Pat E. Dowdy Revocable Trust and Patsy J. Dowdy Revocable Trust, Grantors, conveyed to Rocky Mountain Natural Gas Company, a Colorado corporation, Grantee, a Right -of -Way and Easement on, over, under, across and through the following -described lands situated in the County of Garfield and State of Colorado, to wit: A thirty-five foot (35') wide right of way and easement together with a fifty foot (50') by fifty foot (50') by fifty foot (50') meter station site all located within Lot 1, Resubdivision of Los Amigos Ranch. Filing No_ 1 also known as 0228 Auburn Ridge Lane, Glenwood Springs, CO 81601 WHEREAS, it has been requested that a portion of said right-of-way and easement be released to free said land from the encumbrance of said easement_ NOW THEREFORE, for and in consideration of Ten Dollars and other valuable consideration, receipt of which is hereby acknowledged, Rocky Mountain Natural Gas Company, a Colorado corporation does hereby release unto the present owners, their heirs and assigns, all of its right, title and interest acquired under the aforesaid right-of-way and easement insofar as to the following -described land: A 35.00 foot wide strip of land situated in Lot 1, a resubdivision of Los Amigos Ranch filing No. One, as recorded In the office of the Clerk & Recorder of Garfield County, as Reception No. 344098, Said parcel also being a portion of Government Lot 10, Section 5, Township 7 South, Range BB West of the 6Th PM, County of Garfield, State of Colorado; said strip of land being 17.50 feet on each side of the following described center line: Commencing at the NE corner of Section 8, a stone In place; thence N 62 deg 09' 26" W 1087,67 feet to the SE Corner of said Lot 1; thence N 25 deg 56' 05" W along the easterly boundary line of said Lot 1 329.27 feet; thence continuing along said easterly boundary line N 32 deg 13' 24" W 255.00 feet to the NE comer of said Lot 1; a Rebar and Cap, L.S. No. 15710 found in place; thence S 49 deg 13' 24" W 289.42 feet to the true point of beginning; thence N 77 deg 17' 07" E along said center line 5.47 feet; thence continuing along said center line 5 66 deg 53' 45" E 15.30 feet; thence continuing along said center line S 43 deg 57' 10" E 16.99 feet: thence continuing along said center Zine S 22 deg 39' 04" E 22.33 feet; thence continuing along said center line S 09 deg 04' 17" E 46.66 feet; thence continuing along said center line S 12 deg 45' 03" E 73.01 feet; thence continuing along saki center line S 78 deg 33' 56" W 145,82 feet; thence continuing along said center line S 65 deg 03' 29" W 45.67 feet; thence continuing along said center lime S 71 deg 45' 23" W 89.17 feet; thence continuing along said center line S 65 deg 29' 59" W 76.32 feet; thence continuing along said center line S B0 deg 00' 55" W 63.94 feet to a point on the Westerly boundary of said Lot 1, the terminus; Said strip of land containing 0.489 acres, more or less. Note: This description is identical to the property Recorder's office of Garfielounty, State of Calera Dated thi day o ed In Book 959 i Page 396, in the 20tj. r:. ROCKY MOUNTAIN NATURA GAS COMPANY Daniel E. Watson, President Sent By: ; •- 1; MO 1111111111111 111111111 111 min II■t 1�� 5E1127 08/29!2005 02:0213 131721 P38 M RLSDORF 2 of 2 R 11,00 D 0.00 GgRFIELD COUNTY CO Oct -21. 3:20PM; State of Colorado ) County of Jaffe n ) On this r / l day ol 2005, before me, a notary public in and for said county, personally appeared Daniel E Watson, President of Rocky Mountain Natural Gas Company, personally known to me to be the same person who executed the foregoing instrument and who has acknowledged the execution of the same as representative on behalf of, and as the free act and deed of said corporation. IN WITNESS WHEREOF l have hereunto set my ha .! .?dliN and year last above written. 'M►w.66rt•_Smissypn Expires: . "Z ger affi ^ d o a vial. .. sry - Page 2/2