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HomeMy WebLinkAboutCorrespondenceDave Argo From: Dave Argo Sent: Wednesday, March 18, 2020 10:58 AM To: brendajshuster@gmail.com Cc: Ikrol@garfield-county.com; bwinschell@garfield-county.com Subject: Permit #BLRE-02-20-6135 Attachments: Shuster Rifle Creek - Lot 7.pdf Brenda & Benjy: I am currently reviewing plans for a new home located at Rifle Creek Estates — Filing 2, Lot 7. However, in reviewing the Final Plat for this subdivision, it appears as though the proposed homesite location conflicts with existing road & water line easements that cut across your lot (see attached PDF illustrating these easements as shown on the Plat). Since the submitted site plan does not illustrate these easements, we require that you provide our office with a site plan prepared and wet -sealed by a Colorado licensed Surveyor illustrating that the placement of the new residence does not conflict with these existing easements. Please submit this updated site plan at your earliest convenience so that we can finalize our plan review and issue a building permit for your project. As you may know, all Garfield County office buildings are currently shut down to the public because of the COVID-19 Coronavirus pandemic we are currently experiencing. However, our staff is still working diligently — many of us remotely at our home offices — to continue serving the needs of our customers. Once you have the requested updated site plan, please reach out to our office to find out the best way to submit to our office. Thank you for your patience in these trying times & please contact us if you have any questions. Dave Argo Plans Examiner Garfield Count). Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Ext. 1610 Email: dargo@garfield-county.com Web: garfield-county.com COVID-19 Awareness Community support saves lives Garfield County: www.garfield-county.com Garfield County Public Health: www.garfield-county.com/public-health/novel-coronavirus/ Garfield County Joint Information System continuous updates: www.garfieldcounty.net Please follow by clicking at upper right. Register for Garfield County Emergency Notification System: www.garco911.com CO -HELP is the state of Colorado's call line for the coronavirus. People who have general questions about COVID-19 can call CO HELP at 303-389-1687 or 1-877-462-2911, for answers in many languages, or email them at COHELPORMPDC.oro for answers in English. 1 N00611°52" E 1/16 COR. SEC. 24 LOT 6 WI 05.68± ACRES I J J �� f WLC f 1 �I II/ J1 ji_Dj tr.,I 1;1 ; NB9 °22' 24"E 1I I. 1 LOT 7 1 1 3.73* ACRES 1 1 1 664.91' ` S89122' 24"W 656.37' 20' ROAD EASEMENT+ BK. 366, PGS. I85-1BB 30' WATER LINE EASEMENT 1 8K. 544, P6. 396 BK. 728, PGS. 277 S 278 250.82' BASIS OF BEARING FROM RIFLE ESTATES FILING NO. 1 RIFLE CREEK ESTATES FILING 2 SE 1/4 SE 1/4, SEC, 24, T5S, R93I, 6th P.M. GARFIELD COUNTY, COLORADO D H SURVEYS INC. 118 OURAY AVE. - GRAND JUNCTION, CO. (970) 246-6749 0 0 0' 30' 16.84' 31 16 '�.. 16 N16 "18' 1rW 8.42' 1 Dave Argo From: B Shuster <brendajshuster@gmail.com> Sent: Wednesday, March 18, 2020 6:08 PM To: Dave Argo Cc: Brooke Winschell; Lindsay Krol Subject: [External] 886 Mesa Dr - dissolution of Easement Attachments: Doc.pdf Hello Dave Attached you will find the dissolution of easement regarding our lot at 886 Mesa Dr . Please let me know if this document will fill the need regarding the easement shown on the plat . Thanks so much Brenda Shuster 970-201-4617 1 Termination and Release of Easements Agreement WHEREAS, a 30.00 Foot Water Line Easement was granted to Rifle Creek Estates Homeowners Association in a Deed recorded February 28, 1980 in Book 544 at Page 391, and was further referenced and depicted in an agreement recorded January 26, 1988 in Book 728 at Page 273, and on the plat of Rifle Creek Estates Filing No. 2 recorded October 8, 1999 as Reception No. 553483. WHEREAS, said easement has been more particularly described as follows: A perpetual non-exclusive easement and right-of-way for the installation, operation, maintenance, repair and enlargement of water lines, and all appurtenances thereto, more particularly described as follows: A strip of land, being 30.00 feet in width, situated in part of the SE1/4SE1/4 of Section 24, Township 5 South, Range 93 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado, said parcel being 15.00 feet each side of and parallel to the following described centerline: Beginning at the true position of the Southeast Corner of said Section 24 whence the reference monument for said corner, an iron post with brass cap found in place bears N. 00°10,,'0011W.,219.80 feet;,thence S. 89°22'24" W. 936.68 feet along the South Line of said Section 24 to a point on said centerline the True Point of Beginning,; thence, leaving said southerly line, N. 22°31'29" W. 93.44 feet along said centerline; thence N. 03°30'30" E. 676.25 feet along said cent:rline; thence N. 49°24'30" W. 442.33 feet along said centerline to the point of terminus for said easement. NOTE: Bearings for this description were based on a bearing of N. 00°13'00" W, between the Eas[ Quarter Corner of Section 25, Township 5 South, Range 93 West and the true position ofthe Northeast Corner of said Section 25 and on evidence found in the field. (hereinafter, the "30.00 Foot Water Line Easement"). WHEREAS, the 30.00 Foot Water Line Easement affects in part the following parcels: Lots 6 and 7 Rifle Creek Estates, Filing 2 According to the plat recorded October 8, 1999 as Reception No. 553483 COUNTY OF GARFIELD STATE OF COLORADO WHEREAS, Jose Luis Rodriguez, M.D., the owner of Lot 6 and Lot 7, Rifle Creek Estates, Filing 2, according to the plat recorded October 8, 1999 as Reception No. 553483 (hereinafter the "Owner of Lot 6 and Lot 7") has requested that Rifle Creek Estates Homeowners Association release the 30.00 Foot Water Line Easement across Lot 6 and Lot 7. WHEREAS, Rifle Creek Estates Homeowners Association is not currently utilizing and does not intend in the future to utilize the 30.00 Foot Water Line Easement over Lots 6 or 7, Rifle Filing 2. Pursuant to the terms set forth in this Agreement, Rifle Creek Estates Homeowners As Estatessociation, agrees to abandon and vacate such easement over such lots because it is not currently As purpose. serving any NOW, THEREFORE, Rifle Creek Estates Homeowners Association hereby provides notice and confirmation of the abandonment, release, termination and vacation of the 30.00 Foot Water Line Easement described above and referenced in instruments recorded February 28, 1980 in Book 544 at Page 391, January 26, 1988 in Book 728 at Page 273, and October 8, 1999 as Reception No, 553483 over Lots 6 and 7, Rifle Creek Estates, Filing 2, according to the plat recorded October 8, 1999 as Reception No. 553483. The 30.00 Foot Water Line Easement remains in effect to the extent it has been recorded as an encumbrance against other parcels not described herein. FURTHER, the Owner of Lot 6 and Lot 7 hereby acknowledges and agrees that Rifle Creek Estates Homeowners Association has no obligation to remove the existing water pipelines in the 30.00 Foot Water Line Easement and does not intend to do so. FURTHER, the Owner of Lot 6 and Lot 7, in consideration of the abandonment, release, termination, and vacation of the 30.00 Foot Water Line Easement, for himself and his successors and assigns, contractors, subcontractors, and any person claiming under or through him, does hereby release, acquit and forever discharge Rifle Creek Estates Homeowners Association, it officers, directors, employees, agents, successors and assigns of and from and any all actions, causes of actions, claims, and demands whatsoever arising out of or in any way related to the abandonment, release, termination, and vacation of the 30.00 Foot Water Line Easement and/or the use of the vacated portion of the 30.00 Foot Water Line Easement. FURTHER, this Agreement constitutes a covenant running with the land appurtenant to, benefiting, and burdening Lot 6 and Lot 7, Rifle Creek Estates, Filing 2, according to the plat recorded October 8, 1999 as Reception No. 553483. Dated this 2C day of 414aiT , 2016. RIFLE CREEK ESTATES HOMEOWNERS ASSOCIATION By. ►� • 1 G�' G�� Lar McCown, President, Board of Directors STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this D5 day of , 2016 by Larry McCown, as the President of the Board of Directors of Rifle Creek Estates Homeowners Association. WITNESS my hand and official seal. My commission expires: ,31,Jt J 1 a U7 otary P . iic, State of Colorado Notary Public STEPHANIEMAY State ofColorado Notary ID 20164025663 My Commission Expires Jul 7, �0F0 ANITA KAY BRUNER NOTARY PUBLIC STATE OE COLORADO NOTARY if) #20064044263 My Commission Expires October 27, 2018 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) /-€-Lp ose Luis Rodriguez, M The foregoing was acknowledged before me this %9 day of Rodriguez, M.D. WITNESS my hand and official seal. My commission expires: /0 -Al- t;01.?' r 2016 by Jose Luis ota y Public, State .f Col ado Dave Argo From: Dave Argo Sent: Thursday, March 19, 2020 9:34 AM To: B Shuster Cc: Brooke Winschell; Lindsay Krol Subject: RE: 886 Mesa Dr - Dissolution of Easements Brenda: Unfortunately, the attachment you sent to me does not address the following issues: A. Although it appears to remove the water line easement, it also clearly states that the existing waterline will not be relocated. We don't have as -built drawings of the waterline but based on the description contained in this document it appears as though the waterline is already in place within the easement across your property. If that's the case, it is unwise for you to build your new home on top of an existing waterline even if the easement itself has been abandoned. When we talked yesterday, you indicated that the HOA has moved the waterline, but there's no evidence of that in this document. B. In addition to the 30 foot waterline easement, there is still the issue of a 20 foot wide road easement across Lot 7 in the same general configuration as the waterline easement. This document does not address the road easement, and we will require documentation verifying abandonment of that easement as well. I hope you understand that we are addressing these easement issues at this time in order to avoid it becoming a much more costly issue should you build your new home in the proposed location across these easements and/or on top of an existing waterline. Perhaps another simpler and easier solution would be to revise proposed location of the home to avoid these platted easements altogether ... would that be acceptable to you? If so, we will need a revised site plan showing the revised placement of the residence including distance from these platted easements. On the other hand, if you prefer to leave the home in its current location, you will need to continue pursuing the appropriate paperwork as described above, so that we have this more comprehensive information. Dave Argo Plans Examiner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Ext. 1610 Email: dargo@garfield-county.com Web: garfield-county,com From: B Shuster <brendajshuster@gmail.com> Sent: Wednesday, March 18, 2020 6:08 PM To: Dave Argo <dargo@garfield-county.com> Cc: Brooke Winschell <bwinschell@garfield-county.com>; Lindsay Krol <Ikrol@garfield-county.com> Subject: [External] 886 Mesa Dr - dissolution of Easement Hello Dave Attached you will find the dissolution of easement regarding our lot at 886 Mesa Dr . Please let me know if this document will fill the need regarding the easement shown on the plat . 1 Dave Argo From: B Shuster <brendajshuster@gmail.com> Sent: Thursday, March 19, 2020 9:59 AM To: Dave Argo Subject: Re: [External] 886 Mesa Dr - Dissolution of Easements Good Morning Dave, I see what you are saying however the HOA relocated their road easement several years ago . I will track down this information . I understand from your viewpoint what it looks like however my neighbor has a shop that is built directly on the HOA access road and we have already dug up the unused waterline during our grading process. The waterline was relocated to the main road utility easement several years ago . I will find this information and send it over to you there is no need to relocate the property Brenda Shuster On Mar 19, 2020, at 9:33 AM, Dave Argo <dargo(a7garfield-countv.com> wrote: Brenda: Unfortunately, the attachment you sent to me does not address the following issues: A. Although it appears to remove the water line easement, it also clearly states that the existing waterline will not be relocated. We don't have as -built drawings of the waterline but based on the description contained in this document it appears as though the waterline is already in place within the easement across your property. If that's the case, it is unwise for you to build your new home on top of an existing waterline even if the easement itself has been abandoned. When we talked yesterday, you indicated that the HOA has moved the waterline, but there's no evidence of that in this document. B. In addition to the 30 foot waterline easement, there is still the issue of a 20 foot wide road easement across Lot 7 in the same general configuration as the waterline easement. This document does not address the road easement, and we will require documentation verifying abandonment of that easement as well. I hope you understand that we are addressing these easement issues at this time in order to avoid it becoming a much more costly issue should you build your new home in the proposed location across these easements and/or on top of an existing waterline. Perhaps another simpler and easier solution would be to revise proposed location of the home to avoid these platted easements altogether ... would that be acceptable to you? If so, we will need a revised site plan showing the revised placement of the residence including distance from these platted easements. On the other hand, if you prefer to leave the home in its current location, you will need to continue pursuing the appropriate paperwork as described above, so that we have this more comprehensive information. Dave Argo Plans Examiner <imageool.png> Community Development Department 1 Dave Argo From: B Shuster <brendajshuster@gmail.com> Sent: Friday, March 20, 2020 9:39 AM To: Dave Argo Subject: [External] 886 Mesa Dr Attachments: 00564536.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Dave Please see the attached recording from GARCO regarding the easement and water line at our property 886 Mesa Drive Let me know what other information you might need Thanks Brenda Shuster 970-201-4617 1 111111! 11111111111 1111 11111 111I1I1111111111111111111111 664636 e6/o5/2000 63:52P 61163 P66 11 ALSOCRF 3 of 4 R 20.60 0 e.e0 ORRFIELO COUNTY 00 AOREENENT CONCERNING IATA 6 AND 7, FILING 2 rawLEA MRMAII, LLC AND RIFLE CEEER RONECIINLRi AIIOCIATICTI INTRODUCTION: 1. Fowler Marais, LLC, (FTM) and the Rifle Creek Homeowners Association (RCEHA) hereby enter into an agreement Concerning the abandonment Of potable and irrigation waterlines installed by the developer of Filing 1 ("old line/s") and the relocation of .n irrigation line. 2. F&M intend/ to sell lots 6 and 7 of Rifle Creek Estates Filing 2 to Dr. and Mrs. Jose Rodriguez (Byers). Buyers want the old waterlines and the easement associated with those lines to be abandoned by the RCEHA so that no one would have access to lots 6 and 7 of Filing 2 for any purpose whatsoever. The RCEHA has agreed to abandon the old lines and the accompanying easement but only that portion of the ald lines and easement that runs across lots 6 and 7 of Filing 2. The purpose of this agreement is to set out the terms for the abandonment of the old waterlines and the accompanying waterline eaaement. In the event that the sale to Buyers is finalized, ram and RCEHA shall have the following obligations respectively: RELOCATION of IRRIGATION LINE' 3. rLM, at its exclusive expanse, shall relocate part of the old irrigation line that wan installed by the developer of Filing 1, more specifically that portion of it that runs across lora 6 and T of Filing 2. RCEHA ahell not be responsible for any of tha cost associated with the relocation of the irrigation line. The new 6" irrigation lin■ that will replace the portion of the old irrigation line shall be installed in the same trench occupied by the potable and irrigation lines that were installed in 1989/ 2000. The relocation of the old irrigation line shall be completed by FCM within 90 days of the signing of this agreement. ram shall bear the coat for any and all damages caused by ram or its contractors aasoeiated with the relocation of the irrigation line and F6M shall hold the RCEHA harmless from any and all liability that may arise out of the relocation of the irrigation line. 4. FCM shall first complete the relocation of the old irrigation line and put it into operation. Then, F&M, again at its sole expense. shall cut and cap the old irrigation and potable water lines on the west side of the irrigation and potable water hookups for lot 16 of Rifle Creek Estates, Filing 1, thus preserving this lot's access to the old lines that run across it. FsM shall bear the cost for any 111(11! 111111111111111IILI IIIIIII 11111111111111111 Ilii 3E4+�36 8ts10"JIY088 03:!2P 81191 F67 p ALSDORF 4 of 4 R 28.00 D 0.04 GARFIELD COUNTY CO and all damages caused by rjM or its contractors associated with the andpall liability lthat may arise ines and rib! hout oflthehall hod caping oZRCERA rtheae lines. ALANOONMENT OF WATERLINES AND EASEMENT: 5. Upon complOtion of the Construction activities detailed in paragraphs 3 and 4 of this agreement, RCEHA shell abandon and or relinquish all rights to both the old irrigation and potable waterlines that run acroa! lots 6 and 7 of Filing 2. ACCRA shall at that same time abandon or deed to the then owners of lots 6 and 7 the waterline easement associated with thcae old waterlines, but only that portion of it that runs across said lots d and 7. The legal effect of this shell be that RCM shall no longer own any water line, or eaeemcnt xn its favor, that runs across lots 6 and 7 of riling 2. This agreement shall in no way affect in any way at all any waterlines and easements owned by the RCEMA outside the boundaries of lots 6 and 7 of Filing 2. CLARIFICATION: 6. Point of clarifioatlen. Should lots 6 and 7 be consolidated, the owner of the new, single and consolidated lot shall have one vote on the RCEHA. SIGNATURES: 7, Signatures by fax shall be binding on the parties to this agreement. This Agreement entered into on this day of 2000. For Rifle Creek Homeowners Association: President, Ririe creek Homeowners Association Board For Fowler, Marais, LLC Carlyle Fowler Managers Fowler, Marais, LLC 2 May 25 00 10:04p Wendy Harrison 970-976-0641 s,setwst! CoeCsemrnei LOIN g Awe 7, FILING 2 v m pl rants MOAN, LLC 1114 b -y urns ae>Ae A OCIATrdp a. p1 c w Fs" INTRODUCTION: Q S 1. Towler Marais, LLC. atm) and the Rillr Creek Homeowners .. Aseoeiation tICiNA) hereby eater into OP agreennnt Gonwznl.ig the o0 w abandonment of potable and irrigation waterlines irtatallel by the s developer of riling 1 (`old lino/MP( end the releezti.on of an o irrigation line. y m 2. F&M intend! to moll lots 6 and 7 of Riffs Croak Rotates Filing 2 a) to Dr. and NO. :one Rodriquez (lyer.). euysrs vont the old F. o waterlinea and the easew.nt alaooiatae with thoaa line. to be y ' abandoned by the RCEN2 so that no one would have access to lots 6 end 4 0 7 of riling i for any purpose whatsoever. The icENA hes agreed to �+ N abandon the old linea end the acconpanylne immanent but only that P Y portion of the old lines ind easement that suss across lots 6 end 7 a: of Piling 2. The purpose of this agrsat is to set out the teras z foI the ebandonsatit of the old viterlinei and the accosdaayi30 JA waterline ealatunt. In the event that the gals to Buyers in Iinalizrd, F4W and SCIIA .hall haw ens fe11aw1nq obligations a reepeetively: RCLOCATION OF IRRIGATION LINA: p.2 (yl 7. PSM, at kts exclusive aapanse, shall rsloret■ part or the old irrigation line trot urns install's by the develops of Filing 1, nor0 ap.cifioally that portion of it that rune ecroae lots a end 7 of Filing 2. actnA Pull not bi raIponlible for any of the coat aoaociatod with the rrlocatlon of the irrigation 111le. The our 61 irrigation ling that will rsplina the portion of the old irrigation liar shall be installed in the alma tr'noh 0SCupiad by the potable end irrigation lined, that earl installed in 1!!11 2000. MY relocation of the old irrigation line shall bo templetad yby Fit within 4o days of tra Coining a; this a1rievent. Fa1t .hal boar the coat for any and all eatagaa caused by FIN or its contractors ■.Coo}scud with chi r.looatioh or the Irrigation lin. enc ram shag] hold the acmeh moralise tram any end all 1ieb111ty that may arise out of the relocation of ch. 1rrigatien line. 4. rill snail first eossplate rho relocation of the old trripatoen line and put it into uyexatkon. Than, •iM, again at its solo empapie, shall eat and Cap the old irrigation and potable valor limbo M the Weft aids of the Irritation and potable eater hookula far lot i,6 of Rifle Creak esrataa, rLlleq 1, err. paeaevvlag shim lot's avows to the aid lines that in .trema it. rsw shill bear the oast for any QQ W 1" Lrr11 akui� c . 5 0r� R i9uaij 0672 Ycd�zCT' c cs41/ e 8'Ko 37 Mar 25 00 10:05p Wendy Harrison 870-876-0641 p.3 : and all damages oaussd by FM or it. coAtrs.tor' aasociitea Ylth the n o capping of these lift.' and raw shall hold the 1lCgffA harmless from any and all liability that day arise out at the capping of Chess lines, AbANDOWIINT OF NATEALnsr3 D EASEMSMT: O li Q AN Q. 5. Upon cvtapirtion of trio construction activitisa detatlaa in O paragraphs 3 and 4 of this ■grsaments SHA +hall abandon and or rilinIIwatsryinrs that iah all rruntacross s tO botati 1 end the old 7Cof�rilingtoni2¢ t ►eohall at a a that same time abandon or deer tO the Ohdn o,rners of lets 6 assd 7 the T waterline .comment aaaociated with these old waterlines, jut only gc That portion of it that runs across maid Iota s and 7. The Laga1 'a offset of thio shall ba that /ZS* shall no longe{ owe may Whet iso line, or ■■■asy.ht in ,te favor, that runs morose tots 5 and 7 or H mo riling 2. This ayto.4ant shall in mu way Watt 1n any way et all w any uat.rlin.a and eaa►jhtntp owned Air the 7iA •rutsld. the boundaries of Iota t and 1 at ri11ng 2. CLARIFICATION: g g 6. Point of clarification+ Should LOt■ 6 and 7 be consolidated, the owner of the new, single and consolidated lot shall have ons Tote on m the ACERA. i sai5 dietaivittS:8 7. Signature° by fax shall be binding on this patties to this agreement. mom u� �A This Agreement entered into on thin r%sa may of m2000. 2000. a SeriMar swum N For Kit Crack Xos1a•lillari. anciationc — —wn H —� 'leliris ht, - .. tp e MM � mNtLti • Ia car owlar Managers Feeler, Marais, LLC % e -IIr e crest Homeowners ASedoletion e0ard Vol' reviler, Nagai*, Llc 2 Dave Argo From: Glenn Hartmann Sent: Thursday, March 26, 2020 11:09 AM To: Dave Argo Subject: RE: Shuster Residence - Rifle Creek Estates, Filing 2, Lot 7 Hi Dave: Great research on this one. If you have the reception no. for the plat that shows the easement, I'd like to take a quick look at it before formalizing a position. However, it appears that an amended plat is what we'll likely need to process. The Attorney's Office has accepted in the past, easement release documentation like they have, in cases where there is not a plat. After taking a look at the plat, I think we'll be able to provide clear direction to the property owner — probably scheduling a pre -application meeting. Thanks again for all the detail on the issue. Glenn Glenn Hartmann Principal Planner 970-945-1377 x1570 Ghartmann@garfield-county.com From: Dave Argo <dargo@garfield-county.com> Sent: Thursday, March 26, 2020 10:47 AM To: Glenn Hartmann <ghartmann@garfield-county.com> Cc: Lindsay Krol <Ikrol@garfield-county.com>; Brooke Winschell <bwinschell@garfield-county.com> Subject: Shuster Residence - Rifle Creek Estates, Filing 2, Lot 7 Glenn: This is the file I called you about earlier today. These folks want to build a new house in Rifle Creek Estates — Filing 2, Lot 7 but the Plat illustrates a 20 -foot wide road easement + a 30 -foot wide waterline easement across the middle of this lot. Both easements run right under the proposed house footprint location. Initially I told the applicant, Brenda Shuster, that we needed a site plan prepared by a Colorado licensed Surveyor to clearly indicate exact location of the building relative to these existing easements. She replied that when they purchased this lot they were told that the waterline had been relocated and it was no longer an issue (see Word Doc and PDF attachments). Although one could argue these recorded documents could be construed as to address dissolution of the waterline easement, it still doesn't address the road easement. However, as I have thought about this a little more, it seems like they may actually need to provide us with a Final Amended Plat that provides the proper legal documentation to remove or dissolve both of these easements from their property ... would you agree with that? If so, can I send Brenda an email referring her to you to explain that process? Thanks for your assistance — Dave Argo Plans Examiner Ille. Garfield County Community Development Department 108 8th Street, Suite 401 1 Permit #BLRE-02-20-6135 17,71 Dave Argo To brendajshuster©gmail.com Cc Ikrol[digarfield-county,com; bwinschell©garfield-county,com Shuster Rifle Creek - Lot 7,pdf 171 KB Brenda & Benjy: 4) Reply <4) Reply All -* Forward ••• V,,ed 3/1812020 1 D:53 AM1 am currently reviewing plans for a new home located at Rifle Creek Estates— Filing Z Lot 7. However, in reviewing the Final Plat for this subdivision, it appears as though the proposed homesite location conflicts with existing road & water line easements that cut across your lot (see attached PDF illustrating these easements as shown on the Plat). Since the submitted site plan does not illustrate these easements, we require that you provide our office with a site plan prepared and wet -sealed by a Colorado licensed Surveyor illustrating that the placement of the new residence does not conflict with these existing easements. Please submit this updated site plan at your earliest convenience so that we can finalize our plan review and issue a building permit for your project. As you may know, all Garfield County office buildings are currently shut down to the public because of the COVID-19 Coronavirus pandemic we are currently experiencing. However, our staff is still working diligently — many of us remotely at our home offices —to continue serving the needs of our customers, Once you have the requested updated site plan, please reach out to our office to find out the best way to submit to our office. Thank you for your patience in these trying times & please contact us if you have any questions. Dave Argo Plans Examiner Garfield County Community Development Department 108 89, Street, Suite 401 Glenwood Springs, CO 81501 Tel: 970-945-8212 Ext: 1610 Email: dargo@garfeld-county-com Web: garfield-county.cam NO0 011'52" E 1116 COR. SEC. 24 LAT 6 5,58± ACRES N89 '22' 24"E 11 LOT 7 I I 3.73± ACRES t _ 1"� 664.91' sl I N, o a o W� o H I- a lil It 1a "I, A 656.37 Lliri W m A-,.. m 0 0. z '1 20' ROAD EASEMENT+ `i BK. 366. PGS. 185-18B dry+ 30' WATER LINE EASEMENT BK. 544, PG. 386 BK 72B 1PGS. 277 6 27B 130. 30• En' 250.82' :41 i � '. 989 '22 ' 24"W BASIS OF BEARING,FROM RIFLE ESTATES FILING NO. 1 RIFLE CREEK ESTATES FILING 2 -4 m 50' _-16,84 31.16} 16 N16 "18' WW 8.42' �i [External] 886 Mesa Dr - dissolution of Easement B Shuster <brendajshuster@gmail.com> To Dave Argo Cc Brooke Winschell; Lindsay Krol CO You replied to this message on 3/19/2020 4:33 AM. Doc,pdf 2MB Hello Dave E) Reply «5 Reply All —* Forward Wed 3/1 812020 6:08 PM Attached you will find the dissolution of easement regarding our lot at 886 Mesa Dr . Please let me know if this document will fill the need regarding the easement shown on the plat . Thanks so much Brenda Shuster 970-201-4617 See PDF Attachment #1 RE: 886 Mesa Dr - Dissolution of Easements Brenda: Dave Argo To B Shuster Cc Brooke Winschell; Lindsay Krol f) Reply <5 Reply All - Forward Thu 3/19,r2D209:34AM Unfortunately, the attachment you sent to me does not address the following issues: A. Although it appears to remove the water line easement, it also clearly states that the existing waterline will not be relocated. We don't have as -built drawings of the waterline but based on the description contained in this document it appears as though the waterline is already in place within the easement across your property. If that's the case, it is unwise for you to build your new home on top of an existing waterline even if the easement itself has been abandoned. When we talked yesterday, you indicated that the HOA has moved the waterline, but there's no evidence of that in this document. B. In addition to the 30 foot waterline easement, there is still the issue of a 20 foot wide road easement across Lot 7 in the same general configuration as the waterline easement. This document does not address the road easement, and we will require documentation verifying abandonment of that easement as well. hope you understand that we are addressing these easement issues at this time in order to avoid it becoming a much more costly issue should you build your new home in the proposed location across these easements and/or on top of an existing waterline. Perhaps another simpler and easier solution would be to revise proposed location of the home to avoid these platted easements altogether ... would that be acceptable to you? If so, we will need a revised site plan showing the revised placement of the residence including distance from these platted easements. On the other hand, if you prefer to leave the home in its current location, you will need to continue pursuing the appropriate paperwork as described above, so that we have this more comprehensive information. Dove Argo Plans Examiner GEGarfield County Community Development Department 108 8t6 Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Ext. 1610 Emoil: dargotgorfield-caunty.com Web: garfield-county_cam Re: [External] 886 Mesa Dr - Dissolution of Easements } Reply «j Reply All B Shuster <brendajshuster@gmail.com> To Dave Argo Good Morning Dave, Forward ••• Thu 3/19/2020 9:59 AM I see what you are saying however the HOA relocated their road easement several years ago . I will track down this information I understand from your viewpoint what it looks like however my neighbor has a shop that is built directly on the HOA access road and we have already dug up the unused waterline during our grading process. The waterline was relocated to the main road utility easement several years ago . I will find this information and send it over to you there is no need to relocate the property Brenda Shuster [External] 886 Mesa Dr B Shuster <brendajshuster@gmail,com> To Dare Argo 0 Follow up. Start by Monday, March 23, 2020. Due by Monday, March 23, 2020, f� I 00564536,pdf 287 KB Hi Dave Reply Reply All -> Forward Fri 3/20,.'2020 9:39 AM Please see the attached recording from GARCO regarding the easement and water line at our property 886 Mesa Drive . Let me know what other information you might need Thanks Brenda Shuster 970-201-4617 See PDF Attachment #2 Dave Argo From: Dave Argo Sent: Tuesday, March 31, 2020 3:47 PM To: Brenda Shuster Cc: Glenn Hartmann; Andy Schwaller (aschwaller@garfield-county.com); Lindsay Krol Subject: RE: 886 Mesa Dr Brenda: Thanks for reaching back out to me. After your most recent email last week I contacted our Planning Manager, Glenn Hartmann, to review your case related to the easements shown across your property as per Rifle Creek Estates Final Plat. I forwarded on to Glenn the information you had provided to me as well as the Final Plat. During our weekly staff meeting this morning, Glenn confirmed that before we can issue a Building Permit for your project you will be required to go through a separate approval process with our Planning Department to obtain what's called an "Amended Final Plat". Since that involves a separate Planning Dept. approval process aside from the Building Permit application that I have already reviewed, I asked Glenn if I can have you contact him via either email or phone call to discuss this process. Like many of us in our office, Glenn is working remotely, but you can reach him at the following: • Phone: 970-945-1377 x. 1570 • Email: ghartmann@garfield-countv.com For convenience, I have copied Glenn on this email. Once I get confirmation from Glenn that you have received the necessary approval for the Amended Final Plat, we will be able to release your Building Permit, as this is the only outstanding issue. Sorry for this complication, but Glenn will be able to guide you through this additional approval process. Thank you for your patience & stay safe! Dave Argo Plans Examiner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Ext. 1610 Email: dargo@garfield-county.com Web: garfield-county.com From: Brenda Shuster <brendajshuster@gmail.com> Sent: Tuesday, March 31, 2020 1:56 PM To: Dave Argo <dargo@garfield-county.com> Subject: [External] 886 Mesa Dr Hi Dave, I am just checking in with you regarding the building permit for 886 Mesa Drive. When you go to issue the permit or if you have any other questions or unresolved issues if you could please direct them to me only and not my contractor at Pinnacle Homes I would appreciate it. I hope you are healthy and safe during this time. 1 Dave Argo From: Glenn Hartmann Sent: Friday, April 3, 2020 3:18 PM To: Dave Argo Subject: FW: [External] Documents 886 Mesa Dr Attachments: 00564535.pdf; 00564536.pdf; Doc.pdf; 20200403121037716.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Dave: I spoke with Brenda this morning and she said she had some additional documentation. I think we already have the easement releases, but I think the ILC may be new to us. Check it out and I'll give you a call to update a bit more. Thanks. Glenn. Glenn Hartmann Principal Planner 970-945-1377 x1570 Ghartmann@garfield-county.com From: B Shuster <brendajshuster@gmail.com> Sent: Friday, April 3, 2020 1:49 PM To: Glenn Hartmann <ghartmann@garfield-county.com> Subject: [External] Documents 886 Mesa Dr Hi Glen These are the documents that I have that were obtained either when we purchased the lot or prior to our contract . Just as an FYI lot 6 and 7 were both originally purchased by Dr JOSE Rodriguez in 2001 I believe - he proceeded to build a Single Family Residence and a shop on lot 7 he left lot 6 undeveloped but applied the same easement removal to both properties. I will wait for your direction after you have reviewed my documents there are 4 attachments Warm Regards Brenda Shuster 970-201-4617 1 1 INCH = 60 FEET • = FOUND REBAR AND CAP Z O IMPROVEMENT LOCATION CERTIFICATE LOT 7 RIFLE CREEK ESTATES F2 GARFIELD COUNTY, COLORADO N 89'22'24" E 656.37' S 89'22'24" W • 664.91' I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED UNDER MY DIRECT SUPERVISION FOR COMMONWEALTH TITLE CO.Ai1D JOSE LUIS RODRIGUEZ MD THAT THIS E5 NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT 15 NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT UNES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, AUGUST 23, 2016, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL. EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL EXCEPT AS NOTED, • D C. NIGH° ON, L.S_ 34585 DIVIDE CREEK SURVEYORS INC. DAVID C. NICHOLSON Professional Land Surveyor LS. 34585 0029 Colorado River Road New Castle, Colorado (970) 876-5632 (970)355-9306 ELEC TRNS VACANT LAND TELE TIL 3 „ 9£ LC.00 S 3AI80 VS31N L=49.25' R=180.00' CLEN =49.10' BRG=S 08'27'54" E IMPROVEMENT LOCATION CERTIFICATE LOT 7 RIFLE CREEK ESTATES F2 GARFIELD COUNTY, COLORADO AUGUST 23, 2016 PROJ. 16066 1 L7RCE ILC,DWG Dave Argo From: Dave Argo Sent: Monday, April 6, 2020 8:10 AM To: Glenn Hartmann Subject: RE: Documents 886 Mesa Dr Glenn: We didn't previously have a copy of the ILC. It's very "spartan" as ILC's go and Dave Nicholson isn't the most reliable Surveyor — at least in my experience of what I've seen in my role as Plans Examiner. But if you see enough information here to feel confident that those 2 easements shown across this property on the original plat have now been abandoned, that's good enough for me. I just needed someone else to review this situation. Let me know if you believe it's OK for me to release this building permit & I should be able to finalize my review today. You can let Brenda know that she can expect a call from Lindsay sometime tomorrow. On an unrelated topic, I received a voicemail from Bill Lee (Central Aggregates) about their desire to pursue a building permit. Have they now finalized all of the flood development permits with you? Are they good to go for submittal for a B.P.? Thanks, Dave Argo Plans Examiner LGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: 970-945-8212 Ext. 1610 Email: dargo@garfield-county.com Web: garfield-county.com From: Glenn Hartmann <ghartmann@garfield-county.com> Sent: Friday, April 3, 2020 3:18 PM To: Dave Argo <dargo@garfield-county.com> Subject: FW: [External] Documents 886 Mesa Dr Hi Dave: I spoke with Brenda this morning and she said she had some additional documentation. I think we already have the easement releases, but I think the ILC may be new to us. Check it out and I'll give you a call to update a bit more. Thanks. Glenn. Glenn Hartmann Principal Planner 970-945-1377 x1570 Ghartmann@garfield-countv.com From: B Shuster <brendajshusterc gmail.com> Sent: Friday, April 3, 2020 1:49 PM 1 To: Glenn Hartmann <ghartmann@earfield-countv.com> Subject: [External] Documents 886 Mesa Dr Hi Glen These are the documents that I have that were obtained either when we purchased the lot or prior to our contract . Just as an FYI lot 6 and 7 were both originally purchased by Dr JOSE Rodriguez in 2001 1 believe - he proceeded to build a Single Family Residence and a shop on lot 7 he left lot 6 undeveloped but applied the same easement removal to both properties. I will wait for your direction after you have reviewed my documents there are 4 attachments Warm Regards Brenda Shuster 970-201-4617 2 Dave Argo From: Glenn Hartmann Sent: Thursday, April 16, 2020 9:37 AM To: Sheryl Bower; Andy Schwaller; Dave Argo Subject: Schuster Building Permit Attachments: RCE Plat 553483.pdf; Doc.pdf; 20200403121037716.pdf; 00564536.pdf; 00564535.pdf Follow Up Flag: Follow up Flag Status: Completed Hi Sheryl, Andy, and Dave: Here is a quick update based on my most recent research: • The vacation — abandonment of the water line easement is very well documented in the documents provided by Brenda Schuster. ■ Brenda has represented that the road easement was also vacated by the same documents. My read of the documents is not clear on this point. • The Dave Nicholson Improvement Location Survey shows no easements, however, it may be appropriate to double check with Dave that he researched the issue. ■ Larry McCowen who was the President of the HOA and executed at least one of the vacation documents called and verbally confirmed Brenda's representation that he also feels that the roadway easement has been vacated along with the water line easement. He also described how the roadway was to be access to a water tank and has been replaced by another roadway that has been constructed in another location. • Larry McCowen also indicated that the HOA would have no problem with approving an amended plat to further document the vacation. • Larry also mentioned that he thought the easement vacation documents were drafted by the HOA's Attorney, who he thought was still Barb Clifton. I've attached a variety of documents from Brenda and some that came from Dave Argo. I have a couple more that I'll try to access yet this morning. We have discussed the direction to move forward with issuance of the building permit with a condition requiring an amended plat to be filed prior to getting a certificate of occupancy. To support that direction we could require additional documentation, perhaps an opinion from the HOA Attorney on the vacations. Just some thoughts for our discussion. I have not contacted Kelly Cave at this point. Hopefully we can talk this morning. Thanks everyone. Glenn. Glenn Hartmann Principal Planner 970-945-1377 x1570 Ghartmann@garfield-county.com 1111111 11111 1111111111 11111 1111111 11111 111 11111 1111 1111 564535 06/05/2000 03:52P B1191 P62 M ALSDORF 1 of 2 R 10.00 D 20.60 GARFIELD COUNTY CO THIS DEED, Made this 26th day of May , 2000 ,between FOWLER MARAIS, LLC of the said County of MESA and State of COLORADO , grantor, and JOSE LUIS RODRIGUEZ, M.D. AND VIRGINIA SHARON RODRIGUEZ, AS JOINT TENANTS whose legal address is 0629 YALE COURT GYPSUM, CO 81637 of the said County of EAGLE and State of COLORADO WITNESSETH, That the grantor for and in consideration of the sum of TWO HUNDRED SIX THOUSAND & 00/100 DOLLARS. the rci:.eipt and sufficiency of which it hereby acknowledged. has granted. bargained, sold and canvnycd. and by these presents does grant, bargain, sell, convey and confine, unto the grantee, his heir; and amigos forever, all the real property together With improvements, if any, situate, lying and being in the said County of GARFIELD and Stam of Colorado described as follows: Lots 6 and 7, RIFLE CREEK ESTATES FILING 2, according to the plat recorded October 8, 1999 as Reception No. 553483. COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: PBD MESA DRIVE, RIFLE, CO 81650 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion and reversions. remainder and remainders, rams. issues and groats thereof. and all the estate, right. Ole, interest. claim and demand what- soever of the grantor, either in law or equity, or. in arid to the above bargained premises, with the horedhamens and appurtenances. TO HAVE AND TO HOLD ihr said premises above bargained and described, with the appurtenants, unto the grantee, his belts and assigns forever. And the gramor, for itself. and its successors, dnes covenant, grant. bargain. and agree to and with the grantee. his hears and assigns. that at the time of the enaealidg and delivery of these pteseaiY, he is well seined of the premises above conveyed, has good, rurc, porker, absolute and indefeasible estate of inheritan e. to law, In fee simple, and has gond right, NII power and lawful authority to grant, bargain. sell and convey the some in manner aril form as aforesaid. and that the same arc fret and clear from all fanner and other grants. bargains. sales. Bean, taxes, assessments, encumbrances. and relleiCii0a of whatever kind or nature viewer, except those specific Excaptione abown en the attached an •EXHIBIT Sn. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above, FOWLER MARAIS, LLC BY FGt�- a CARLYLE FOWLER, MANAGER State of COLORADO County of GARFIELD The foregoing instrument was acknowledged before me this 26th day of May by CARLYLE FOWLER, MANAGER OF FOWLER MARAIS, LLC ss. itr+ December 06, 2000. Witness my hand rad official seal. 1;11414.. Inn 7M1ar or Giim.and Serio Inc. ticr. 7 s NVii A -r t5A[nq p.ImJIM Llabsuy awn/Jo Rr F +LAA n o : filazovi ' seI2E ?o/ Cin/oQ I ilIJI1 Illli flllil Il�� lllll lllllll 1lllf III VIII sill f ill 864533 08/05/2000 03;52P 81191 P!3 11 ALSGGRF 2 of 2 R 18.00 3 20.80 GARFIELD COUNTY CO EXHIBIT 1 00030618 EXCEPTIONS File Number: 1. Any and all unpaid taxes and assessments and any unredeemed tax sales. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded September 27, 1974 in Book 465 at Page 96 as Reception No. 264932. 4. Terms and conditions contained in the Contract and Grant of Road Easement recorded May 21, 1965 in Book 366 at Page 185 as Reception No. 229935. 5. Terms and conditions contained in the Maintenance Agreement recorded February 28, 1980 in Book 544 at Page 381 as Reception No. 301987, Agreement recorded January 26, 1988 in Book 728 at Page 273 as Reception No. 389259, and Deed recorded July 10, 1987 in Book 716 at Page 65 as Reception No. 383662, regarding a water line easement. 6. Terms and conditions contained in Resolution No. 99-093 recorded September 14, 1999 in Book 1150 at Page 579 as Reception No. 552137. 7. Terms and conditions contained in the Subdivision Improvements Agreement recorded October 6, 1999 in Book 1154 at page 103 as Reception No. 553287. 8. Easements, restrictions and rights of way as shown on the plat of Rifle Creek Estates Filing 2, recorded October 8, 1999 as Reception No. 553483. Slewort Title orakowd.4.Sprloes, Inc. Exhibit 1- Deed t sgskps (YDEEDEXCEPI) Rev. 7/99