HomeMy WebLinkAbout1.01 Supplemental InfoLOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
GREGORY J. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER*
TOM KINNEY
*Admitted in Wisconsin only
LEAVENWORTH & TESTER, P.C. RECEIVED MAR 2 4 199
ATTORNEYS AT LAW
March 24, 1999
Mark Bean, Director of Community Development
Garfield County Building & Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
Itlaw@sopris.net
Re: Spring Valley Sanitation District ("District") Amended Service Plan
Dear Mark:
Enclosed are certain documents provided by the District to Garfield County which are
intended to supplement the District's Amended Service Plan which is pending before Garfield
County. The supplemental documents are presented to the County in connection with the Garfield
County Planning Commission hearing concerning the District's Amended Service Plan.
Enclosed are copies of petitions for inclusion into Spring Valley Sanitation District from
the following entities which own property in the Spring Valley area:
1. Aspen Springs Ranch, Inc.
2. Miriam M. Berkeley and Michael E. Berkeley
3. Berkeley Family Limited Partnership
4. Colorado Mountain College District
5. William and Pamela Gibson, on behalf of Auburn Ridge Apartments
6. Colorado Pinon Pines Ltd.
The District has scheduled a public hearing for the aforementioned Petitions for Inclusion,
such hearing to be held on Tuesday, March 30, 1999 at 5:00 p.m. in our office conference room.
In addition, enclosed is a letter from Colorado Mountain College District to Spring Valley
Sanitation District concerning its commitment to fund the District's wastewater treatment plant
facilities, and clarifying its support of the District's Amended Service Plan. Similar letters from
the other owners were already included in the District's Amended Service Plan.
We would appreciate your inclusion of these documents as part of the District's Amended
Service Plan, which was submitted to the Office of the Clerk and Recorder, Garfield County, on
Friday, February 5, 1999.
F: \ 1999\Letters-Memos \SVSD-Bean-Itr-2. wpd
LEAVENWORTH & TESTER, P.C.
Mark Bean, Director
Page 2
March 24, 1999
If you have any questions or concerns in this regard, please do not hesitate to contact me.
LEL:bsl
Enclosures
cc w/enc.: SVSD Board of Directors
Anne J. Castle, Esq.
John R. Schenk, Esq.
Lawrence R. Green, Esq.
Glenn D. Chadwick, Esq.
Kevin L. Patrick, Esq.
John A. Thulson, Esq.
Dean Gordon, P.E.
William Gibson
Hayden Rader
F: \ 1999\Letters-Memos\SVSD-Bean-Itr-2.wpd
Very truly yours,
LEAVENWORTH & TESTER,
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
HOLLAND & HART LLP
ATTORNEYS AT LAW
SUITE 3200
555 SEVENTEENTH STREET
DENVER, COLORADO 80202-3979
MAIUNG ADDRESS
P.O. BOX 8749
DENVER, COLORADO 80201-8749
February 19, 1999
Gregory J. Hall, Esq.
Leavenworth & Tester, P.C.
1011 Grand Ave
P.O. Drawer 2030
Glenwood Springs, CO 81601-3603
Re: Spring Valley Sanitation District;
Petition for Inclusion
Dear Greg:
)J
FEB 2 2 1999 I�
TELEPHONE (303) 295-8000
LEAVE NAl&cTESTER, P.C.
CHRISTOPHER L. THORNE
OF COUNSEL
(303) 295-8488
cthorne@hollandhart.com
Enclosed for consideration by the Spring Valley Sanitation District's
Board of Directors is Aspen Springs Ranch, Inc.'s Petition for Inclusion. The
property Aspen Springs Ranch seeks to have included within the boundaries of
the District is identified on Exhibit A to the Petition. It is our understanding
that the Petition will be considered at the Board's next regularly scheduled
meeting on March 11, 1999.
Please do not hesitate to call us with any questions you may have
concerning the Petition. Thank you for your continuing assistance.
CLT:law
cc w/enc.:
Mr. William J. Sargis
Mr. Ronald B. Liston
Mr. Charles E. Fancher, Jr.
Mr. Jerome Gamba
Anne J. Castle, Esq.
Very truly yours,
C ristopher L. Thorne
for HOLLAND & HART LLP
IN THE MATTER OF:
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF COLORADO
PETITION FOR INCLUSION
The undersigned, Aspen Springs Ranch, Inc., a Colorado corporation (the
"Petitioner"), hereby respectfully petitions the Spring Valley Sanitation District
("District"), acting by and through its Board of Directors, for the inclusion of the
land described on Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred
percent (100%) of the Property, that no other persons or entities own an interest
therein except as beneficial holders of encumbrances, and that no such beneficial
holder has any right to object to such inclusion.
The Petitioner represents that the Property is not currently within the
boundaries of a special district, a municipality, or a city and county with the
power or ability to provide wastewater treatment services.
The Petitioner represents that the Property is suited for, and appropriate
to, receive the services of the District.
The Petitioner acknowledges that the District is not required to enlarge or
extend its facilities or services beyond those currently existing and that any
enlargements or extensions necessary to serve the land will be undertaken only
pursuant to a written agreement.
The Petitioner reserves the right to withdraw this Petition in the event a
mutually acceptable Pre -Inclusion Agreement between the Petitioner and the
District is not executed prior to the District's approval of this Petition.
The Petitioner hereby requests that the Property be included in the District
and that an Order may be entered in the District Court in and for the County of
Garfield, State of Colorado, including the Property in the District, and that from
and after the entry of such Order, the Property shall be liable for the full ad
valorem mill levies from time to time levied by the District and the full applicable
specific ownership tax. The Property shall also be liable for its proportionate
share of annual operation and maintenance charges and the cost of facilities and
the taxes, rates, fees, tolls, charges, assessments certified and levied or assessed
therefor, as specified in the Pre -Inclusion Agreement described above. The
Property shall also be subject to the District's rules and regulations as validly
promulgated and as amended from time to time.
The Petitioner requests that the District publish notice of the filing of this
Petition for Inclusion and the place, time and date of the public meeting of the
Board of Directors of the District at which the Petition shall be heard. Any
interested persons shall appear at such time and place and show cause in writing
why the Petition should not be granted.
Executed this l6 day of February, 1999.
ASPEN SPRINGS RANCH, INC.
By: rV�`
ATTEST:
Bv:
STATE OF fl o,r; r—
COUNTY OF M ►aM,-�A- E )
The foregoing Petition for Inclusion was acknowledged before me this
1l„-;4-1 day of February, 1999, by �...4, - . Getd„4.,-, as
V and as
�,,� i�. ���,�..- as
V1Ct. ce,si442...m-" of Aspen Springs Ranch, Inc., a Colorado corporation.
Witness my hand and official seal.
My commission expires: )04, IL) Zoo�
DENVER:0883428.01
Notary Public
SPRY PUB oJANE`NOTARY A CAINSEAL
0 % (T CCS cOUMeaoN NuwetR
i. o CC786699
11c‘� MY COMMISSION EXPIRES
FOF F.0 NOV. 16,2002
EXHIBIT A
A parcel of land located in Sections 16. 20, 21, 22. 27, 28, 29. 32, 33, and 34, Township 6 South, Range
88 West, Sixth Principal Meridian being more particularly described as follows:
Beginning at the Northwest Comer of said Section 20 being a stone monument found in place and
remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) thence S 88°16'08" E 2627.19 feet along the
north line of said Section 20 to the North Quarter Comer of said Section 20 being a 1-1/2 inch Aluminum
Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence
S 88°15'48" E 2625.91 feet aiong the north line of said Section 20 to the Northeast Comer of said
Section 20 being a 2-1/2 inch GLO Brass Cap found in place; thence S 03°43'14" W a distance of 470.01
feet thence S 64°00'39" E a distance of 1240.38 feet; thence N 28°10'43" E a distance of 1058.36 feet
thence S 62°54'53" E a distance of 2905.28 feet; thence S 33°15'31" E 2260.78 feet; thence S 33°43'34"
E 993.23 feet; thence S 67°46'01" W a distance. of 38.27 feet; thence S 33°43'34" E a distance of
2585.68 feet; thence S 57°12'11" E a distance of 1507.60 feet; thence S 25°57'0T' E a distance of
1863.71 feet ; thence S 08°45'36" E a distance of 1546.11 feet thence S 00°45'01" W a distance of
425.99 feet; thence N 89°14'59" W 2048.85 feet along the south line of said Section 27 to the South
Quarter Corner of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11"
W 1319.72 feet along the north line of said Section 34 to the northeast corner of the W1/2NW1/4 of said
Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; thence S
00°05'58" E 2466.04 feet along the east line of the W1/2NW1/4 of said Section 34 to the southeast
comer of the W1/2NW1/4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of
the W1/2NW1/4 of said Section 34 to the West Quarter Comer of said Section 34 being a stone
monurt.ent found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence
N 88°27'45" W 2511.99 feet along the south line of the NE 1/4 of said Section 33 to the Canter Quarter of
said Section 33 being a 3 inch Aluminum Cap (County Surveyor) found in place: thence N 88°27'28" W
1092.52 feet aiong the south line of Lct 6, of said Section 33 to the southwest comer of said Lot 6; thence
N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the southeast comer of Lot 5 of said
Section 33; thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a point on the
northerly right-of-way of Garfield County Road 119; thence the following seventeen courses along the
northeriy right-of-way of said County Road 119:
1. thence along the arc of a non -tangent curve to the left having a radius of 190.00 feet, and a central
angie of 40°11'43" for a distance along the curve of 133.29 feet; the chord of said curve bears N
69°42'36" W a distance of 130.58 feet-,
2. thence N 89°48'27" W 335.07 feet to a paint on the west line of said Section 33 whence the
Northwest Corner of said Section 33 being a 3 -inch County Surveyors Aluminum Cap found in place
bears N 01°14'21" E 1729.72 feet;
3. thence N 89°48'27" W 746.63 feet
4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of
01°23'23" for a distance along the curve of 241.95 feet; the chord of said curve bears N 89°06'46" W
a distance of 241.94 feet;
5. thence N 88°25'04" W 886.82 feet;
6. thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of
101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W
a distance of 46.54 feet;
7. thence N 13°18-3" E 1531.48 feet;
8. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of
15°55'12" for a distance along the curve of 198.67 feet; the chcrd of said curve bears N 05°20'37" E a
distance of 198.03 feet to a point on the south line of said Section 29 whence the Southeast Comer of
said Section 29 bears S 89°03'23" E 1570.16 feet;
9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of
29°05'27" for a distance aiong the curve of 363.03 feet; the chord of said curve bears N 17°09'43" W
a distance of 359.14 feet;
10. thence along the arc of a curve to the left having a radius of 1853.11 feet, and a central angle of
14°56'46" for a distance along the curve of 483.40 feet; the chord of said curve bears N 39°10'49" W
a distance of 482.03 feet;
11. thence N 46°39'12" W 512.11 feet
12. thence along the arc of a curve to the left having a radius of 544.29 feet, and a central angle of
29°19'12" for a distance along the curve of 278.53 feet; the chord of said curve bears N 61°18'49" W
a distance of 275.50 feet;
13. thence N 75°58'25" W 274.72 feet;
14. thence along the arc of a curve to the right having a radius of 777.56 feet, and a central angle of
10°01'45" fora distance along the curve of 136.11 feet; the chord of said curve bears N 70°57'32" W
a distance of 135.93 feet;
15. thence N 65°56'40" W 288.79 feet;
16. thence along the arc of a curve to the right having a radius of 934.49 feet, and a central angle of
12°43'09" for a distance along the curve of 207.45 feet; the chord of said curve bears N 59°35'05" W
a distance of 207.03 feet;
17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of said Section 29;
thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the northwest comer of said Lot
26; thence N 90°00'00" W 65.41 feet to a fence post with a pk-nail in the top and accepted as the
southwest corner of Lot 20 of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted
west line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'35"
E 431.30 feet to the southwest comer of a parcel of land described in Book 527, Page 951 in the office of
the Garfield County Clerk and Recorder; thence along the southerly boundary of said parcel of land
described in Book 527, Page 951 S 89°32'20" E 431.36 feet; thence the following two courses along the
Southerly boundary of a parcel of land described in Book 872, Page 768 in the office of the Garfield
County Clerk and Recorder:
1. thence S 50°51'48" E 497.50 feet;
2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a parcel of land described in
Book 915, Page 112 in the office of the Garfield County Clerk and Recorder,
thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel of land described in Book
915, Page 112; thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel of land
described in Book 621, Page 219 in the office of the Garfield County Clerk and Recorder, thence S
81°36'23" E 135.95 feet along the Southerly boundaries of parcels of land described in Book 621, Page
219 and Book 965, Page 509 in the office of the Garfield County Clerk and Recorder to a point on the
boundary of said parcel of land described in Book 965, Page 509; thence the following three courses
along the southeasterly boundary of said parcel described in Book 965, Page 509:
1. thence S 81°42'23" E 302.25 feet;
2. thence N 05°12'20" E 149.94 feet;
3. thence along the arc of a curve to the right having a radius of 55.23 feet, and a central angle of
40°33'24" for a distance along the curve of 39.09 feet; the chord of said curve bears N 25°28'41" E a
distance of 38.28 feet to a point on the southerly boundary of a parcel of land described in Book 808,
Page 803 in the office of the Garfield County Clerk and Recorder;
thence the following three courses along the easterly boundary of said parcel described in Book 808,
Page 803:
1. thence S 81°42'37" E 123.19 feet;
2. thence N 21°00'23" W 820.84 feet to a point on the south line of said Section 20 whence the South
Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a
2 -inch Aluminum Cap (P.E.L.S. 5933) bears N 88°32'13" W 248.98 feet;
3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road
115;
thence the following two courses along the northerly right -of- way of said County Road 115:
1. thence along the arc of a non -tangent curve to the right having a radius of 5288.82 feet, and a central
angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord orsaid curve bears N
73°59'48" W a distance of 250.84 feet;
2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20
whence the southeast :orner of a parcel of land recorded under reception number 467225 in the
office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place
and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet;
thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of
said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said
Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner of said Lot 20 being a 2-
1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N
00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said
Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap
(P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the
Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 2897.89 acres more or
less, prior to the following excepted parcels:
EXCEPTING THE FOLLOWING FOUR PARCELS:
1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in the West Half of Section 29 and the Northwest Quarter of Section 28,
Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as
follows: Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner
of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence
S 01°09'28" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a
parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder,
whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor)
bears S 01 °09'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said
parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield
County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central
angle of 17°50'11" fora distance along the curve of 257.17 feet; the chord of said curve bears S
64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County Road 115; thence S
73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point
in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31
feet along the easterly boundary of said parcel of land described in Book 495, Page 596 to the southeast
comer of said parcel of land described in Book 495, Page 596; thence the following four courses along
the Southerly Boundary of said parcel of land described in Book 495, Page 596:
1. thence N 89°58'08" W 327.05 feet;
2. thence S 54°10'41" W 185.54 feet;
3. thence N 42°16'19" W 154.20 feet;
4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in Book
988, Page 802 in the office of the Garfield County Clerk and Recorder,
thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of
land described in Book 988, Page 802:
1. thence S 13°45'40" E 111.74 feet;
2. thence S 89°58'08" E 101.60 feet;
3. thence S 00°01'52" W 69.06 feet;
4. thence S 88°48'28" E 25.57 feet;
5. thence S 00°37'24" E 148.37 feet;
6. thence S 14°45'31" E 57.78 feet;
thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book
988, Page 802 and Book 736, Page 345 in the office of the Garfield County Clerk and Recorder to a point
on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the
southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the following
five courses:
1. thence N 74°53'28" W 35.87 feet;
2. thence N 66°59'35" W 380.19 feet;
3. thence N 50°53'55" W 27.02 feet;
4. thence N 25°54'08" W 19.09 feet;
5. thence N 05°08'09" W 580.16 feet to a point on the westerly boundary of a parcel of land described
in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder;
thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page
329 the following three courses:
1. thence N 05°36'42" W 538.91 feet
3
2. thence N 04°18'35" W 374.95 feet;
3. thence N 82°52'22" E 323.76 feet to a point on the southerly right-of-way line of said Garfield County
Road 115;
thence along the said right-of-way line the following three courses:
1. thence along the arc of a non -tangent curve to the left having a radius of 993.47 feet, and a central
angle of 03°01'08" for a distance along the curve of 52.35 feet; the chord of said curve bears S
34°41'10" E a distance of 52.34 feet;
2. thence along the arc of a curve to the left having a radius of 480.00 feet, and a central angle of
36°06'40" for a distance along the curve of 302.52 feet; the chord of said curve bears S 54°15'04" E a
distance of 297.54 feet;
3. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING containing 33.499 acres more or
less.
2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in Lots 5, 10, and 15 of Section 28, Section 28, and Section 33, Township 6
South, Range 88 West, of the Sixth Principal Meridian being more particularly described
as follows: Beginning at the South Quarter Corner of said Section 28 being a stone monument found in
place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°33'15" W 60.85 feet
along the south line of Section 28 said line also being the south line of said Lot 15 to a point on the
southerly line of a parcel of land described in a document recorded as Reception number 344061 in the
office of the Garfield County Clerk and Recorder; thence S 89°35'14" W 967.56 feet along the southerly
line of said parcel described in said document recorded as Reception number 344061 to a number 5
rebar found in place; thence N 00°56'44" W 31.41 feet along the westerly line of said parcel of
land described in said document recorded as Reception number 344061 to the south line of said Section
28 and said Lot 15; thence N 88°33'15" W 55.02 feet along the south line of said Section 28 and said Lot
15 to the Southwest Comer of Lot 15; thence N 01°00'28" E 1612.97 feet along the westerly line of said
govemment lots 10 and 15 to a point on the westerly line of said parcel of land described in said
document recorded as Reception number 344061; thence N 00°56'44" W 10.40 feet along the westerly
line of a parcel of land described in said document recorded as Reception number 344061 to a yellow
plastic cap stamped P.L.S # 15710; thence N 00°56'44" W 729.41 feet along the westerly line of a parcel
of land described in said document recorded as Reception number 344061 to a red plastic cap stamped
P.L.S # 5447; thence N 00°24'55" W 918.45 feet along the westerly line of a parcel of land described in
document recorded as Reception number 475590 to a red plastic cap stamped P.L.S # 5447; thence N
00°24'55" W 9.63 feet to the southerly right-of-way line of Garfield County road 115; thence along the
southerly right-of-way line of said County road 115 the following seven (7) courses:
1. thence along the arc of a curve to the right having a radius of 594.56 feet, and a central angle
of 47°01'08" for a distance along the curve of 487.92 feet; the chord of said curve bears S
45°41'32" E a distance of 474.34 feet;
2. thence S 22°10'58" E 307.62 feet;
3. thence along the arc of a curve to the left having a radius of 1421.75 feet, and a central angle
of 15°49'57" for a distance along the curve of 392.87 feet; the chord of said curve bears S
30°05'57" E a distance of 391.63 feet;
4. thence along the arc of a curve to the right having a radius of 370.00 feet, and a central angle
of 32°43'14" for a distance along the curve of 211.30 feet; the chord of said curve bears S
21°39'19" E a distance of 208.44 feet;
5. thence along the arc of a curve to the left having a radius of 2437.42 feet, and a central angle
of 28°42'24" for a distance along the curve of 1221.22 feet; the chord of said curve bears S
19°38'54" E a distance of 1208.48 feet;
6. thence S 34°00'06" E 1152.91 feet;
7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle
of 23°03'17" fora distance along the curve of 173.02 feet; the chord of said curve bears S
45°31'45" E a distance of 171.86 feet to a point on the south line of said Section 28;
thence N 86°11'17" W 329.99 feet along the south line of said Section 28 to the Point of Beginning said
point also being said South Quarter Corner of said Section 28 containing 69.250 acres more or less.
4
3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6 South, Range 88 West, of the
Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side
of the following described centerline for Garfield County Road 115, said centerline being further
described as follows: Beginning at a point from whence the Southwest comer of said Section 20
bears S89°59'26"W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminum Cap
found in place; thence along the arc of a curve to the left having a radius of 5318.82 feet, and a
central angle of 04°16'52" for a distance along the curve of 397.42 feet; the chord of said curve bears S
77°43'40" E a distance of 397.32 feet; thence S 79°52'05" E 121.04 feet to a point along the section line
common to said Sections 20 and 29 from whence the Quarter corner common to said Sections 20 and
29 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears
N88°32'13"W 720.55 feet; thence S 79°52'05" E 331.86 feet; thence along the arc of a curve to the right
having a radius of 900.00 feet, and a central angle of 20°29'08" for a distance along the curve of 321.79
feet; the chord of said curve bears S 69°37'31" E a distance of 320.08 feet; thence S 59°22'57" E 217.30
feet; thence along the arc of a curve to the right having a radius of 1081.34 feet, and a central angle of
35°38'00" for a distance along the curve of 672.50 feet; the chord of said curve bears S 41°33'57" E a
distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; thence along the arc of a curve to the left
having a radius of 963.47 feet, and a central angle of 12°26'47" for a distance along the curve of 209.29
feet; the chord of said curve bears S 29°58'21" E a distance of 208.88 feet; thence along the arc of a
curve to the left having a radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the
curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S
72°18'24" E 264.99 feet to a point along the section line common to said Sections 28 and 29 from
whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears
N01°09'28"E 1219.42 feet; thence S 72°18'24" E 167.61 feet; thence along the arc of a curve to the right
having a radius of 377.41 feet, and a central angle of 25°33'14" fora distance along the curve of 168.32
feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235.64
feet; thence along the arc of a curve to the left having a radius of 796.12 feet, and a central angle of
26°17'03" for a distance along the curve of 365.22 feet; the chord of said curve bears S 59°53'42" E a
distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right
having a radius of 624.56 feet, and a central angle of 50°51'15" for a distance along the curve of 554.35
feet; the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62
feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of
15°49'57" for a distance along the curve of 384.58 feet; the chord of said curve bears S 30°05'57" E a
distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a
central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S
21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of
2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of
said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence
along the arc of a curve to the left having a radius of 400.00 feet, and a central angle of 25°53'11" for a
distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19
feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and
33 from whence the Quarter corner common to said Sections 28 and 33 being a Stone Monument found
in place and remonumented with a 2 -inch Aluminum Cap bears N86°11'17"W 896.52 feet; thence S
59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a
central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S
42°01'52" E a distance of 478.23 feet; thence S 24°10'27" E 644.62 feet; thence along the arc of a curve
to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve
of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10"
W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central
angle of 37°41'54" for a distance along the curve of 480.00 feet; the chord of said curve bears S
16°02'47" E a distance of 471.39 feet; thence along the arc of a curve to the left having a radius of 200.00
feet, and a central angle of 53°37'43" for a distance along the curve of 187.20 feet; the chord of said
curve bears S 61°42'35" E a distance of 180.44 feet; thence along the arc of a curve to the left having a
radius of 2171.07 feet, and a central angle of 08°19'31" fora distance along the curve of 315.47 feet; the
chord of said curve bears N 87°18'48" E a distance of 315.19 feet to a point along the section line
5
common to said Sections 33 and 34 from whence the Northeast comer of said Section 33 being a 2-1/2
inch GLO Brass Cap found in place bears N01°30'32"E 2209.86 feet; thence along the arc of a curve to
the left having a radius of 2171.07 feet, and a central angle of 15°20'11" for a distance along the curve of
581.13 feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet; thence along the arc
of a curve to the right having a radius of 280.00 feet, and a central angle of 55°26'50" for a distance along
the curve of 270.97 feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet; thence S
56°44'19" E 393.81 feet; thence along the arc of a curve to the left having a radius of 669.07 feet, and a
central angle of 21°39'21" for a distance along the curve of 252.89 feet, the chord of said curve bears S
67°34'00" E a distance of 251.38 feet from whence the said Northeast comer of Section 33 bears
N28°52'13"W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above
described centerline) contains 18.195 acres more or less. The right-of-way lines of said right-of-way shall
be prolonged or shortened to begin and end on and conform to the property boundary lines.
4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 West, of the
Sixth Principal Meridian, said parcel being the right-of-way for Garfield County Road 114 and the
intersection of Garfield County Road 114 with Garfield County Road 115, said parcel being further
described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section
33 whence the East Quarter Corner for said Section 33 being a Stone Monument found in place and
remonumented with a 2-inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a
point on the easterly right-of-way of Garfield County Road 114; thence N 88°27'45" W 77.11 feet along
said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114,
whence the Center Quarter for said Section 33 being a 2-1/2-inch Aluminum Cap found in place bears N
88°27'45" W 1883.48; thence the following two courses along the westerly right-of-way of said County
Road 114:
1. N 40°27'03" E 99.05 feet;
2. thence along the arc of a curve to the left having a radius of 270.00 feet, and a central angle of
69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a
distance of 307.19 feet to a point on the southerly right- of-way of Garfield County Road 115;
thence the following three courses along the southern right-of-way of County Road 115:
1. along the arc of a non-tangent curve to the left having a radius of 759.53 feet, and a central angle of
06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a
distance of 79.55 feet;
2. thence along the arc of a curve to the left having a radius of 230.00 feet, and a central angle of
53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a
distance of 207.51 feet;
3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of
03°41'58" for a distance along the curve of 142.12 feet; the chord of said curve bears N.89°37'34" E a
distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114;
thence the following two courses along the easterly right-of-way of County Road 114:
1. along the arc of a non-tangent curve to the left having a radius of 470.00 feet, and a central angle of
47°19'32" for a distance along the curve of 388.21 feet; the chord of said curve bears S 64°06'49" W
a distance of 377.27 feet;
2. thence S 40°27'03" W 70.18 feet to the point of beginning containing 0.755 acres more or less.
The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and
conform to the property boundary lines. The Spring Valley Ranch total area minus the exceptions is
5905.168 acres more or less.
6
\IN THE MATTER OF
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF COLORADO
PETITION FOR INCLUSION
The undersigned, Miriam M. Berkeley and Michael E. Berkeley ("Petitioner"), hereby
respectfully petitions the Spring Valley Sanitation District ("District"), acting by and through its
Board of Directors, for the inclusion of the lands described as follows:
A parcel of land situated in Section 33, Township 6 South, range 88 West of the
Sixth Principal Meridian, and Section 4, Township 7 South, range 88 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, being more
particularly described as follows:
Beginning at the South 1/4 corner of said Section 33; thence S. 68°50'25" E. 222.96
feet; thence N. 72°30'00" E. 300.00 feet; thence N. 35°00'00" E. 500.00 feet; thence
S. 17°30'00" E. 1850.00 feet to the southeast corner of the NW'/4NE'/4 of said Section
4; thence N. 89°49'27" W. along the south line of said NW V4NE'/41330.86 feet to the
southwest corner of said NW'/4NE1/4; thence N. 00°16'06" W. along the west line of
said NW1/4NE1/4 1341.00 feet to the South 1/4 corner of said Section 33, the point of
beginning. Said parcel contains 36.20 acres, more or less;
(the "Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred percent (100%)
of the Property, that no other persons or entities own an interest therein except as beneficial holders
of encumbrances, and that no such beneficial holder has any right to object to such inclusion.
The Petitioner represents that the Property is not currently within the boundaries of a special
district, a municipality, or a city and county with the power or ability to provide wastewater
treatment services.
The Petitioner represents that the Property is suited for and appropriate to, receive the
services of the District.
The Petitioner acknowledges that the District is not required to enlarge or extend its facilities
or services beyond those currently existing and that any enlargements or extensions necessary to
serve the land will be undertaken only pursuant to a written agreement.
The Petitioner reserves the right to withdraw this Petition in the event a mutually acceptable
Pre -Inclusion Agreement between the Petitioner and the District is not executed prior to the
District's approval of this Petition.
Page 1 of 2
I:u\B.h.l.rf`bh . For I.chu.b.. Berkeley
The Petitioner hereby requests that the Property be included in the District and that an Order
may be entered in the District Court in and for the County of Garfield State of Colorado, including
the Property in the District, and that from and after the entry of such Order, the Property shall be
liable for the full ad valorem mill levies from time to time levied by the District and the full
applicable specific ownership tax. The Property shall also be liable for its proportionate share of
annual operation and maintenance charges and the cost of facilities and the taxes, rates, fees, tolls,
charges, assessments certified and levied or assessed therefor, as specified in the Pre -Inclusion
Agreement described above. The Property shall also be subject to the District's rules and regulations
as validly promulgated and as amended from time to time.
The Petitioner requests that the District publish notice of the filing of this Petition for
Inclusion and the place, time and date of the public meeting of the Board of Directors of the District
at which the Petition shall be heard. Any interested persons shall appear at such time and place and
show cause in writing why the Petition should not be granted.
Submitted this 9th day of March, 1999.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
Michael E. - eley, individually d as
Attorney -In -Fact for Miriam /: erkeley
The foregoing Petition for Inclusion was acknowledged before me this 9th day of March,
1999, by Michael E. Berkeley, individually and as Attorney -In -Fact for Miriam Berkeley.
Witness my hand and official seal.
My commission expires: 8/4/99
1:\I\Berkeley NLowe For Incliuiwe • Berkeley
Notary Public
Page 2 of 2
4e
IN THE MATTER OF
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF COLORADO
PETITION FOR INCLUSION
The undersigned, Berkeley Family Limited Partnership, a Colorado Limited Partnership
(the "Petitioner"), hereby respectfully petitions the Spring Valley Sanitation District ("District"),
acting by and through its Board of Directors, for the inclusion of the lands described as follows:
Township 6 South, Range 88 West of the 6`h P.M.
Section 32: Lots 5 and 6
Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive, and
NE1/4SE1/a
Section 34: SW 1/4SW 1/4
Township 7 South, Range 88 West of the 6`h P.M.
Section 4: Lots 2, 3 and 9
EXCEPTING therefrom that parcel of land described on Deed recorded as
Reception No. 419600 in Book 795 at Page 72 of the Garfield County records.
AND EXCEPTING therefrom the above, those portions conveyed to the Board of
County Commissioners of Garfield County for road purposes by documents
recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in
Book 159 at Page 87 as Reception No. 104498.
TOGETHER WITH a parcel of land situated in the NE1/4 of Section 4, Township
7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly described as follows:
Commencing at the Northeast Corner of said Section 4, a BLM Aluminum Cap in
place, the True Point of Beginning; thence S 16°39'55" W 217.38 feet; thence
S 27°00'32" W 277.20 feet; thence S 48°11'02" W 452.97 feet; thence
N 89°49'27" W 293.53 feet; thence along the arc of a curve to the right having a
radius of 200.00 feet and a central angle of 54°03'51", a distance of 188.72 feet
(chord bears N 62°47'31" W 181.80 feet); thence N 35°45'36" W 8.96 feet; thence
along the arc of a non -tangent curve to the right having a radius of 330.00 feet
and a central angle of 17°32'14", a distance of 101.01 feet (chord bears
S 57°47'34" W 100.61 feet); thence S 10°53'01" E 108.00 feet; thence
N 89°49'27" W 293.31 feet to a point on the Southerly boundary of that property
described in Reception No. 462134 of the Garfield County Clerk and Recorder's
Office; thence N 00°11'22" E along said Southerly boundary 337.83 feet; thence
I:\I\B.rt.ky\Peuuoe For Incl.. • Berkeley F.mily U.,. d Aroenuip
Page 1 of 3
continuing along said Southerly boundary N 89°51'49" E 217.99 feet; thence
continuing along said Southerly boundary N 00°16'49" W 489.87 feet; thence
continuing along said Southerly boundary S 89°49'20" E 1127.60 feet to the True
Point of Beginning;
(the "Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred percent (100%)
of the Property, that no other persons or entities own an interest therein except as beneficial holders
of encumbrances, and that no such beneficial holder has any right to object to such inclusion.
The Petitioner represents that the Property is not currently within the boundaries of a special
district, a municipality, or a city and county with the power or ability to provide wastewater
treatment services.
The Petitioner represents that the Property is suited for and appropriate to, receive the
services of the District.
The Petitioner acknowledges that the District is not required to enlarge or extend its facilities
or services beyond those currently existing and that any enlargements or extensions necessary to
serve the land will be undertaken only pursuant to a written agreement.
The Petitioner reserves the right to withdraw this Petition in the event a mutually acceptable
Pre -Inclusion Agreement between the Petitioner and the District is not executed prior to the
District's approval of this Petition.
The Petitioner hereby requests that the Property be included in the District and that an Order
may be entered in the District Court in and for the County of Garfield State of Colorado, including
the Property in the District, and that from and after the entry of such Order, the Property shall be
liable for the full ad valorem mill levies from time to time levied by the District and the full
applicable specific ownership tax. The Property shall also be liable for its proportionate share of
annual operation and maintenance charges and the cost of facilities and the taxes, rates, fees, tolls,
charges, assessments certified and levied or assessed therefor, as specified in the Pre -Inclusion
Agreement described above. The Property shall also be subject to the District's rules and regulations
as validly promulgated and as amended from time to time.
The Petitioner requests that the District publish notice of the filing of this Petition for
Inclusion and the place, time and date of the public meeting of the Board of Directors of the District
at which the Petition shall be heard. Any interested persons shall appear at such time and place and
show cause in writing why the Petition should not be granted.
Submitted this 9th day of March, 1999.
BERKELEY FAMILY LIMIT
B
I:\I\B.rk.ley\Peliuoe For lecluelee • Berkeley Family limiwl Peneenhip
22R
ERSHIP
Page 2 of 3
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Petition for Inclusion was acknowledged before me this 9th day of March,
1999, by Michael E. Berkeley as General Partner of the Berkeley Family
Limited Partnership, a Colorado corporation.
Witness my hand and official seal.
My commission expires: 8/ 4/99
Notary Public
1:\I\BnW loy\P•uao. For Ixlu.ro.- B.rh.l.y Family UMW P.rm.nhlp
Page 3 of 3
IN THE MATER OF:
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF COLORADO
PETITION FOR INCLUSION
The undersigned, Colorado Mountain College District, a statutory junior college
district ("Petitioner"), hereby respectfully petitions the Spring Valley Sanitation District
(the "District"), acting by and through its Board of Directors, for the inclusion of the land
described on Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred percent
(100%) of the Property, that no other persons or entities own an interest therein except as
beneficial holders of encumbrances, and that no such beneficial holder has any right to
object to such inclusion.
The Petitioner represents that the Property is not currently within the boundaries
of a special district, municipality, or a city and county with the power or ability to provide
wastewater treatment services.
The Petitioner represents that the Property is suited for, and appropriate to,
receive the services of the District.
The Petitioner acknowledges that the District is not required to enlarge or extend
its facilities or services beyond those currently existing and that any enlargements or
extensions necessary to serve the land will be undertaken only pursuant to a written
agreement.
The Petitioner reserves the right to withdraw this Petition in the event a mutually
acceptable Pre -Inclusion Agreement between the Petitioner and the District is not
executed prior to the District's approval of this Petition.
The Petitioner hereby requests that the Property be included in the District and that
an Order be entered in the District Court in and for the county of Garfield, State of
Colorado, including the Property in the District. The Property shall be liable for its
proportionate share of annual operation and maintenance charges and the cost of facilities
and rates, fees, tolls, charges, assessments certified and levied or assessed therefor, as
specified in the Pre -Inclusion Agreement described above. The Property shall also be
subject to the District's rules arf'regulations as validly promulgated and as amended from
time to time.
The Petitioner requests that the District publish notice of the filing of this Petition
for Inclusion and the place, time and date of the public meeting of the Board of Directors
of the District at which the Petition shall be heard. Any interested persons shall appear at
such time and place and show cause in writing why the Petition should not be granted.
Submitted this /0 day of March, 1999.
Al
STATE OF COLORADO
COUNTY OF GARFIELD
COLORADO MOUNTAIN COLLEGE DISTRICT
By:
Robert Spuhler�e President
The foregoing Petition for Inclusion was acknowledged before me this 10 t),
day March, 1999, by Robert Spuhler, Vice President of Colorado Mountain College
District, a statutory junior college district.
Witness my official hand and seal.
My commission expires:
5iLp beml2 � 199
Notary Public
-
IN THE MATTER OF:
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF COLORADO
PETITION FOR INCLUSION
The undersigned, Auburn Ridge Apartments, William and Pamela Gibson, owners,
(the "Petitioner"), hereby respectfully petitions the Spring Valley Sanitation District
("District"), acting by and through its Board of Directors, for the inclusion of the land
described on Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred percent
(100%) of the Property, that no other persons or entities own an interest therein except as
beneficial holders of encumbrances, and that no such beneficial holder has any right to object
to such inclusion.
The Petitioner represents that the Property is not currently within the boundaries of a
special district, a municipality, or a city and county with the power or ability to provide
wastewater treatment services.
The Petitioner represents that the Property is suited for, and appropriate to, receive
the services of the District.
The Petitioner acknowledges that the District is not required to enlarge or extend its
facilities or services beyond those currently existing and that any enlargements or extensions
necessary to serve the land will be undertaken only pursuant to a written agreement.
The Petitioner reserves the right to withdraw this Petition in the event a mutually
acceptable Pre -Inclusion Agreement between the Petitioner and the District is not executed
prior to the District's approval of this Petition.
The Petitioner hereby requests that the Property be included in the District and that an
Order may be entered in the District Court in and for the County of Garfield, State of
Colorado, including the Property in the District, and that from and after the entry of such
Order, the Property shall be liable for the full ad valorem mill levies from time to time levied
by the District and the full applicable specific ownership tax. The Property shall also be
liable for its proportionate share of annual operation and maintenance charges and the cost of
facilities and the taxes, rates, tolls, charges, assessments certified and levied or assessed
therefor, as specified in the Pre -Inclusion Agreement described above. The Property shall
also be subject to the District's rules and regulations as validly promulgated and as amended
from time to time.
The Petitioner requests that the District publish notice of the filing of this Petition for
Inclusion and the place, time and date of the public meeting of the Board of Directors of the
District at which the Petition shall be heard. Any interested persons shall appear at such
time and place and show cause in writing why the Petition should not be granted.
Submitted this / / day of March, 1999.
STATE OF COLORADO
COUNTY OF E.asLe.
AUBURN RIDGE APARTMENTS
William Gibson, Owner
Pamela Gibson, Owner
The foregoing Petition for Inclusion was acknowledged before me this / / ' day
of March, 1999, by William Gibson and Pamela Gibson.
Witness my hand and official seal.
My commission expires: ,2 -a5 - 2 0 0 1
0)1NUXUAlL. &WI) cQ.z 0-01
Notary Public
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
LORI J. M. SATTERFIELD
EDWARD B. OLSZEWSKI
DAVID SANDOVAL
DENDY M. HEISEL
CHRISTOPHER L. COYLE
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
(FORMERLY DELANEY rk BALCOMB, P.C.)
P. O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
• _Greg Hall, Esq.
Leavenworth & Tester, P.C.
P.O. Drawer 2030
Glenwood Springs, CO 81602
Dear Greg:
Telephone: 970.945.6546
Facsimile: 970.945.8902
March 22, 1999
OF COUNSEL:
KENNETH BALCOMB
RE: Colorado Pinon Pines, Ltd. / Spring Valley Sanitation District
Enclosed is the Petition for Inclusion which has been executed by Bernard S. Selwyn on
behalf of Colorado Pinon Pines, Ltd.
JAT:sv
Enc.
Very truly yours,
MAR 2 41999
LEAVENWORTH & TESTER, P.C.
Sep=11-.02 02:28P P'04 e
MAR. 9. 1999 4:31PM LEAVENWORTR & TESTER, P. C.
N0.6266 P. 2
IN THE MATTER OF:
SPRING VALLEY
SANITATION DISTRICT
COUNTY OF GARFIELD
STATE OF CO1,ORADO
PETITION FOR INCL1
The undersigned, Colorado Pinon Pines, Ltd. (the "Petitioner"), hereby respectfully
petitions the Spring Valley Sanitation District ("District"), acting by and through its Board of
Directors, for the inclusion of the land described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property") in the District.
The Petitioner represents to the District that it is the owner of one hundred percent
(100%) of the Property, that no other persons or entities own an interest therein except as
beneficial holders of encumbrances, and that no such beneficial holder has any right to object
to such. inclusion.
The Petitioner represents that the Property is not currently within the boundaries of a
special district, a municipality, or a city and county with the power or ability to provide
wastewater treatment services.
The Petitioner represents that the Property is suited for, and appropriate to, receive
the services of the District_
The Petitioner acknowledges that the District is not required to enlarge or extend it.S
facilities or services beyond those currently existing and that any enlargements or extensions
necessary to scrve the land will he undertaken only pursuant to a written agreement.
The Petitioner reserves the right to withdraw this Petition in the event a mutually
acceptable Prc-inclusion Agreement between the Petitioner and the District is not executed
prior to the District's approvalof this Petition.
The Petitioner hereby requests that the Property he included in the District and that an
Order may be entered in the District Court in and for the County of Garfield, State of
Colorado, including the Property in the District, and that front and after the entry of such
Order, the Property shall he liable tor the lull ad valorem mill levies from time to time levied
by the District and the full applicable specific ownership tax. The Property shall also he
liable for its proportionate share of annual operation and maintenance charges and the cost of
F•1 t!nYSratii>r'uulSVSD-Pi""u !tine-Paitim,-i.9141
M3reh 9. 1909
S.- 1 1 -t3'2 02 : 29P
MAR, 9. 1999 4:31PM LEAVENWORTH & TESTER, P, C, NO. 8266 P. 3
facilities and the taxes, rates, tolls, charges, assessments certified and levied or assessed
therefor. as specified in the Pre -Inclusion Agreement described above. The Property shall
also be subject to the District's rules and regulations as validly promulgated and as amended
from time to time.
The Petitioner requests that the District publish notice of the filing of this Petition for
Inclusion and the place, time and date of the public meeting of the Board of erectors of the
District at which the Petition shall he heard. Any interested persons shall appear at such
time and place and show causc in writing why the Petition should not be granted.
Submitted this 1r-11-4day of March, 1999.
COLORADO PINON PINES, LTD.
7 r—�
Bernard Selwyn
STATE OF coLI c.)(2.1,1 IP )
COUNTY OF jai, ANt aes )
The foregoing Petition for Inclusion was acknowledged before me this 1 nL day
of March, 1999, by Bernard Selwyn.
Witness my hand and official seal.
My commission expires: 03
.NONADorunanuSVSD-PhonPines-nihil. 1 vial
M11U1 O. PONT
010 Q3
Public
•
JAMB J. YOO
1 'fir: Commisi on # 1212491
Notary Public - CaRlortia
s r ,) Los Angeles County
My Comm. t'pies P6,2(03
P.05
EXHIBIT A
A parcel of land situate in the NE'/4 of the SW'/4 of Section 4, Township 7 South, Range 88 West of
the Sixth Principal Meridian, being more particularly described as follows:
Beginning at the Southeast Corner of said Section 4, thence N. 72°21'48" W. 4226.11 feet to the
Southwest Corner of said NE'/4 of the S W'/4; thence S. 89°53'11" E. 281.52 feet along the South line
of said NE'/4 of the SW'/4 to the true point of beginning; thence N. 15 °58'59" E. 137.70 feet; thence
N. 83°50'11" W. 233.03 feet; thence N. 00°01'47" W. 244.20 feet; thence S. 89°54'26" E. 551.22
feet; thence S. 82°27'14" E. 65.88 feet; thence S. 01°16'01" E. 393.00 feet; thence N. 89°53'11" W.
431.33 feet along the South line of said NE'/4 of the SW'/4 to the true point of beginning.
COLORADO
MOUNTAIN COLLEGE
March 10, 1999
Spring Valley Sanitation District
c/o Greg Boecker
2929 County Road 114
Glenwood Springs, CO 81601
Re: Wastewater Treatment Plant Funding Commitment
Dear District Directors:
This letter will confirm the commitment of Colorado Mountain
College to provide funding for its pro rata share of the design
and construction cost for the proposed new wastewater treatment
plant of the Spring Valley Sanitation District upon execution of
appropriate pre -inclusion and plant construction agreements, and
upon the receipt of approvals for the proposed wastewater
treatment plant from the required state and local authorities.
Colorado Mountain College strongly supports the Service Plan
Amendment proposed by the Spring Valley Sanitation District.
Colorado Mountain College
By:
Robert H. Sp ler, Vice President
DISTRICT OFFICE
Box 10001 831 Grand Avenue Glenwood Springs, Colorado 81602 970-945-8691
GLENWOOD SPRINGS OFFICE
JAMES S. LOCHHEAD
P.O. BOX 357
715 GRAND AVENUE, SUITE C
GLENWOOD SPRINGS, CO 81602-0357
Phone (970) 945-5302
Mobile (970) 618-3810
FAX (970) 945-4921
EMAIL: jlochhead@bhfs.com
BROWNSTEIN HYATT FARBER & STRICKLAND, P.C.
ATTORNEYS AT LAW
TWENTY-SECOND FLOOR
410 SEVENTEENTH STREET
DENVER, COLORADO 80202-4437
(303) 534-6335
FAX (303) 623-1956
March 18, 1999
Mr. Don DeFord, Esq.
County Attorney
Garfield County
109 8`h Street
Glenwood Springs, CO 81601
Re: Spring Valley Sanitation District Service Plan Amendment
Dear Don:
WASHINGTON OFFICE
601 PENNSYLVANIA AVENUE, N.W.
SUITE 900
WASHINGTON, D.C. 20004
(202) 434-8377
FAX (202) 393-7864
I am writing on behalf of Sanders Ranch Holdings, LLC, owners of the Sanders Ranch
located west of Highway 82 at Cattle Creek. I understand that the Spring Valley Sanitation
District has filed for an amendment to its service plan, and one of the issues that has come up is
whether or not the Roaring Fork Water & Sanitation District (formerly the Aspen Glen Water &
Sanitation District) would be willing and able to provide wastewater treatment services to the
present and future users of the Spring Valley Sanitation District. I understand that the Roaring
Fork District has formally advised the Spring Valley District that it is not able to provide such
service, in part because of the commitments it has to provide service to properties within its
service area and expanded service area. I am writing to support the position of the Roaring Fork
District in this regard. I request that this letter be made a part of the record in the County's
consideration of the service plan amendment for the Spring Valley Sanitation District.
The Sanders Ranch property is included in the expanded service area of the Roaring Fork
District, as identified in the service plan for the District approved by Garfield County. In
addition, the Roaring Fork District is under a contractual obligation to provide wastewater
treatment services to the Sanders Ranch property, in accordance with the Out -of -District Service
Agreement which is also part of the approved service plan. The ultimate capacity of the Roaring
Fork District plant was calculated specifically in contemplation of service to Sanders Ranch in
accordance with the agreement.
Sanders Ranch has the right to service from and access to that capacity. No service may
be provided by the Roaring Fork District, and no obligation may be imposed by Garfield County
or the state of Colorado by virtue of service plan or other approvals, which would impair the
contractual rights of Sanders Ranch for service. It would be inappropriate, and Sanders Ranch
Mr. Don DeFord
March 18, 1999
Page 2
would oppose, any attempt by the County or the state to deny service plan amendments, or deny
or condition approvals sought by the Spring Valley Sanitation District that would impair the
contractual rights of Sanders Ranch. In short, any service by the Roaring Fork District to Spring
Valley would be subject and subordinate to the rights of Sanders Ranch. The Roaring Fork
District's position, and the service plan for the Roaring Fork District make clear, that capacity
does not exist to provide such service.
If you have any questions concerning the position of Sanders Ranch, please give me a
call.
Very truly yours,
BROWNSTEIN HYATT FARBER
& STRICKLAND, P.C.
cc: George Hanlon
Larry Green
Lee Leavenworth
ead
"Cattle Creek Basin", Comp Plan breakdown
Rob Hykys 4-15-99
Low Density: 3,730 Ac
Med Density: 2,390 Ac
Open Space: 1,507 Ac
Subdivisions: 392 Ac
Total area:* 8,019 Acres
373 units @, 10 Ac/DU
298 units @ 8 Ac DU
671 units
*digitized from hand -drawn boundary "Cattle Creek Basin Comp Plan Summary"
Land Design Partnership, 3-24-99.
April 18, 1999
Memorandum
Garfield County
ROBERT B. SZROT, County Engineer
To: File
Re: Spring Valley, March 24th Leavenworth Document
I have reviewed the March 24th, 1999 letter with attachments (Exhibits A -J) and
have the following comments.
This document strongly presented reasons why Spring Valley should not be
required to attach to the Roaring Fork waste treatment facility. This argument,
however, only addresses one of four possible scenarios to treat wastewater from
Spring Valley future developments. As I presented before the Planning and
Zoning Board meeting on March 24th, there are four possible solutions to treat
waste from the present and future Spring Valley community:
1) Don't treat waste in Spring Valley, pipe al! discharges directly to
another facility — such as the Roaring Fork facility
2) Treat waste in Spring Valley and run a pipe for discharge directly to the
Roaring Fork River to get the dilution capacity to accommodate this
discharge flow.
3) Treat waste in Spring Valley and discharge to the Landis Creek
tributary.
4) Treat waste in Spring Valley and utilize land application/irrigation for
discharging.
The State of Colorado performed a discharge calculation on the Landis Creek
Tributary (Option 3) and found that ammonia standards for any plant discharge
would have to be below 1 mg/I most of the year. Modern plant technology will get
ammonia discharge to at or above 1 mg/I — so this option might not be technically
feasible under current regulations. In addition, I question the ultimate discharge
point of Landis Creek — will this also take treated discharge out of the Spring
Valley area?
109 8th Street, Suite 300, Glenwood Springs, CO 81601-3363 (970) 945-5004 FAX (970) 945-7785
Options 1 & 2 were opposed by Spring Valley as it takes discharge water out of
the Spring Valley area. While this is true, these solutions are technically feasible,
however, economic and political issues might be driving factors.
Option 4, land use, is technically feasible and retains treated discharge in the
Spring Valley area.
I would support any option that complies with discharge regulations and best
industry practices. I also believe that any one of the four options would comply
with the spirit of "regionalized" waste treatment. With comprehensive plan build-
out for the Spring Valley area at around 1,500 houses, one could easily look
upon this area as its own region. Contrary to this, State policy supports
connection of new development to existing waste treatment facilities within 5
miles of each other.
At the Planning and Zoning meeting, no technology or designs were presented to
assure the Landis Creek discharge option would even work, and no plans or
storage locations were shown for the land use option. The presenters made clear
their objections to out -of -the -area discharge yet did not have the planning or
technical information to support in -area concepts.
I still believe that three of the four options would be feasible from a technical and
regulatory viewpoint at the present time (the Landis Creek option excluded),
however, until the presenters provide a detailed plan for the in -area options, I
cannot support approval of the Amended Service Plan.
A point of notation in Section 5 — Initially it is stated that "land treatment will not
be required and is not proposed as an integral component of the wastewater
treatment plant process". This is followed one paragraph later by "the benefits of
water re -use should not be ignored'. If the presenters are so strongly in favor of
in -area discharge, I hope that they so state this and then support this option with
appropriate resources and technology.
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
GREGORY J. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER*
TOM KINNEY
*Admitted in Wisconsin only
April 2, 1999
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
ltlaw@sopris.net
VIA HAND DELIVERY
Re: Spring Valley Sanitation District Amended Service Plan
Dear Don:
On behalf of the Spring Valley Sanitation District ("District"), we are writing to clarify
several points in anticipation of the Garfield County Board of Commissioners hearing concerning
the District's Amended Service Plan on April 26, 1999 at 9:00 a.m. in the Commissioner's
hearing room.
The District is supportive of the Garfield County Planning Commission's recommendation
of approval with the condition that financial obligation language identified in the February 23,
1999 letter prepared by Blake T. Jordan of Sherman and Howard, LLC, special counsel to
Garfield County. Should the Board of County Commissioners conclude the language should be
included in the District's Amended Service Plan, the District shall accept such condition.
Under C.R.S. §32-1-202(1), the Board of County Commissioners is to set a date for public
hearing on the Service Plan at "the next regular meeting of the Board of County Commissioners
which is held at least ten (10) days after the final Planning Commission action on the Service
Plan". (Emphasis added.) Since the Planning Commission final action occurred on March 24,
1999, we would request that the Board of County Commissioners ratify the April 26, 1999
hearing date at either the April 5 or April 6, 1999 Commissioners' meeting. Such ratification will
provide the requisite ten (10) day waiting period, and still provide sufficient time to provide legal
notice to the division of localgovernment, the petitioners, interested parties, and property owners
within the proposed district boundaries.
F: \ 1999\Lette rs-Memos\SVSD-DeFord-ltr-2. wpd
LEAVENWORTH & TESTER, P.C.
Don DeFord, Esq.
Page 2
April 2, 1999
You have requested the District prepare all written and publication notice as required by
statute, C.R.S. §31-1-202, 204. Enclosed is written notice which the Board of County
Commissioners is required to provide to the division of local government, the Spring Valley
Sanitation District, and the governing body of any existing municipality or special district which
has levied an ad valorem tax within the last tax year, and contains boundaries within a three-mile
radius of the proposed District boundaries. Such written notice includes the date, time, and
location of the hearing.
Also enclosed is publication notice which includes the date, time, location, and purpose
of the hearing, a general description of the land contained within the proposed boundaries of the
District, and information outlining methods and procedures concerning the filing of a petition for
exclusion under C.R.S. §32-1-203(3.5). Under C.R.S. §32-1-103(15), "publication" requires
"printing one time, in one newspaper of general circulation in the special district or proposed
special district if there is such a newspaper and, if not, then in a newspaper in the county in which
the special district or proposed special district is located".
The District shall provide letter notification to property owners within the proposed district
service area as listed with the Garfield County Assessor records. Such letter notification shall
include the date, time, location, and purpose of the hearing, a reference to the type of special
district, an indication that no maximum mill levy has been established for the proposed district,
and procedures for filing a petition for exclusion under C.R.S. §32-1-203(3.5). The District is
also providing letter notification to property owners within the proposed district service area
(although we do not believe this is a statutory requirement since the district currently exists).
Both written and publication notice requirements for the Board of County Commissioners
and the District must be completed no later than April 6, 1999 to provide adequate notice for the
April 26, 1999 hearing. We hope the enclosed written and publication notices will assist in the
County's effort to comply with such deadline, and the District is willing to provide any additional
assistance if necessary.
F:\1999\Letters-Memos\SVSD-DeFord-]tr-2. wpd
LEAVENWORTH & TESTER, P.C.
Don DeFord, Esq.
Page 3
April 2, 1999
If you have any questions or concerns in this regard, please do not hesitate to contact me
or Lee Leavenworth at your convenience.
Very truly yours,
LEAVENWORTH & TESTER, P.C.
I
t
GJH:bsl
Enclosure
cc w/enc.: SVSD Board of Directors
Anne J. Castle, Esq.
John R. Schenk, Esq.
Lawrence R. Green, Esq.
Glenn D. Chadwick, Esq.
Kevin L. Patrick, Esq.
John A. Thulson, Esq.
Dean Gordon, P.E.
William Gibson
Hayden Rader
F: \1999\Letters-Memos \SVSD-DeFord-Itr-2.wpd
Garfield County Board of Commissioners
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
April 2, 1999
Re: Spring Valley Sanitation District Amended Service Plan
To Whom It May Concern:
The Garfield County Board of Commissioners has received a proposed amended service
plan from the Spring Valley Sanitation District. In accordance with Colorado Revised Statute
§32-1-204, notice is hereby given that the Board of Commissioners shall consider the proposed
amended service plan at a public hearing to be held at 9:00 a.m. on April 26, 1999, in the
Commissioners' hearing room, 3rd Floor, Garfield County Courthouse, 109 Eighth Street,
Glenwood Springs, Colorado 81601. The hearing shall consider approval or denial of the Spring
Valley Sanitation District's proposed amended service plan, which proposes a wastewater
treatment plant facility upgrade and expansion to service property owners in the Spring Valley
area.
Very truly yours,
GARFIELD COUNTY BOARD
OF COUNTY COMMISSIONERS
By:
Chairman of the Board
F: \ 1999\Letters-Memos\S V SD -Garfield Commissioners-ltr-2. wpd
NOTICE OF PUBLIC HEARING
GARFIELD COUNTY BOARD OF COMMISSIONERS
The Garfield County Board of Commissioners has received a proposed amended service plan from
the Spring Valley Sanitation District. In accordance with Colorado Revised Statute §32-1-204,
notice is hereby given that the Board of Commissioners shall consider the proposed amended
service plan at a public hearing to be held at 9:00 a.m. on April 26, 1999, in the Commission rs'
hearing room, 3`d Floor, Garfield County Courthouse, 109 Eighth Street, Glenwood Springs,
Colorado 81601. The hearing shall consider approval or denial of the Spring Valley Sanitation
District's proposed amended service plan, which proposes a wastewater treatment plant facility
upgrade and expansion to service property owners in the Spring Valley area. The Spring Valley
Sanitation District proposes inclusion of certain real property within the District's boundaries,
including property owned by the following persons or entities:
1. Aspen Springs Ranch, Inc., 415 East Hyman Avenue, Suite 101, Aspen, Colorado
81611.
2. Miriam M. Berkeley and Michael E. Berkeley, 3961 County Road 114, Glenwood
Springs, Colorado 81623.
3. Berkeley Family Limited Partnership, 3961 County Road 114, Glenwood Springs,
Colorado 81623.
4. Colorado Mountain College District, P.O. Box 10001, Glenwood Springs,
Colorado 81601.
5. William Gibson and Pamela Gibson, P.O. Box 376, Basalt, Colorado 81621.
6. Colorado Pinon Pines, Ltd., 5900 Wilshire Blvd., Suite 420, Los Angeles,
California 90036.
7. Los Amigos Ranch Partnership, 141 West Jackson Blvd., Room 1720, Chicago,
Illinois 60604.
All persons interested in this matter shall appear at the public hearing described above and show
cause why the Board of County Commissioners shall exclude such person's property from the
District boundaries. Any such person or persons shall have the burden of proving that the
exclusion of such property is not in the best interests of the proposed special district. Any person
owning property in the proposed special district who requests that his property be excluded from
the special district prior to approval of the amended service plan shall submit such request to the
Board of County Commissioners no later than ten days prior to the hearing stated above, but the
Board of County Commissioners shall not be limited in its action with respect to exclusion of
territory based upon such request.
Published April 6, 1999 in the Glenwood Independent.
F: \ 1999\Documents\SVSD-Hearing-Notice-1.wpd
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
JOSLYN V. WOOD*
GREGORY J. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER**
TOM KINNEY (Of Counsel)
*Admitted in Hawaii and Texas only
**Admitted in Wisconsin only
February 5, 1999
Mildred Alsdorf, Clerk
Garfield County Clerk and Recorder
109 Eighth Street, Suite 200
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
Itlaw@sopris.net
Re: Spring Valley Sanitation District Amended Service Plan
Dear Mildred:
Enclosed please find six (6) copies of an Amended Service Plan for the Spring Valley
Sanitation District, which is filed for review by the Garfield County Board of Commissioners.
The Amended Service Plan is filed pursuant to the provisions of C.R.S. §32-1-201, et seq.
Because you were out of the office on emergency this afternoon, as was your assistant, we were
instructed by Cat in your office to submit this Amended Service Plan without the filing fee.
However, we will submit such fee upon your direction of the amount to be paid. If additional
copies are needed, please let us know.
If you have any questions concerning this Amended Service Plan, please do not hesitate
to contact our office at your convenience.
Very truly yours,
LEAVENWO TH & TEST
LEL:lln
Enclosure
cc: Spring Valley Sanitation District, w/enc.
Anne J. Castle, Esq., w/enc.
Glenn D. Chadwick, Esq., w/enc.
Lawrence R. Green, Esq., w/enc.
John R. Schenk, Esq., w/enc.
Don Deford, Esq., w/enc.
Mark Bean, w/enc.
F: \1999\Letters-Memos\SVSD-Alsdorf-itr-I. wpd
ayenwo
Grego ; J. Hal