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HomeMy WebLinkAbout2.0 Staff ReportBOCC 7/15/02 MLB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Dennis and Patricia Cerise LOCATION: A tract of land located in portions of Sections 29 and 33, T7S, R87W of the 6th P.M.; more practically described as a tract of land lot approximately five (5) miles west of Carbondale, off of State Hwy. 82. SITE DATA: 16.54 acres WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. RELATIONSHIP TO THE COMPREHENSIVE PLAN Cerise Ranch subdivision water system Individual Sewage Disposal Systems (ISDS) State Highway 82 A/R/RD A/R/RD The subject tract is located in the Medium Density Residential (6 to less than 10 acres per dwelling unit) Proposed Land Use District Map, Study Areas 1-3, as designated in the Garfield County Comprehensive Plan of 2000. The proposed split would result in average density of one (1) du/5.5 acres, which is not in compliance with the recommended density for the Comprehensive Plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is slightly over 16 acres in size, located to the west of Carbondale in an area adjacent to State Highway 82 and the west of the Cerise Ranch subdivision. There is an existing dwelling located on the property and which is accessed by a driveway off of Highway 82. The tract is basically a fid!'/9�. ��--���PB�vs r -A 2c t � - /4'ri� . /n4 /de�f ry,4- level terrain, with a slight grade of less than 5% from the north to south. The property has the existing house on the southern most parcel, with the remaining portion in irrigated pasture/hay fields. B. Proposal: The applicant proposes to split the tract by exemption, into three (3) parcels with lot sizes of the new parcels being 5.42, 5.48 and 5.54 acres each. See the sketch map in the application. Each parcel will be served by the water supply system for the Cerise Ranch subdivision which is adjacent to the tract in question and to the east of it. Each lot will utilize individual sewage disposal systems for sewage treatment. Access to the property is directly off of State Highway 82 with a proposed 15 ft. wide access easement through Lots 1 and 2 to gain access to the new lots. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations-. Section 8:52 (A) of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than 35 acres in size at that time and not Part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973; The applicant's ownership includes approximately 13 acres that originally was a part of a much larger tract of land that was owned by the applicant's family, but became the Cerise Ranch subdivision. Prior to the sale of the property to the developer of the Cerise Ranch, the 13 acres was merged with the applicant's property to become the 16.44 acre tract that is the subject of this request. The applicant's original five (5) parcel was approved as a subdivision exemption in 1983 (Resolution No. 83-306). It was split from a tract that was identified as being 333 acres in size that was recorded in Book 367, Page 147 of the Clerk and Recorders records. The original five (5) acre exemption parcel was merged with an adjoining 13 acres from the larger parcel to create the tract proposed for split by this application. Both of the properties created by the original exemption were reduced in size as a result of condemnation action by the Colorado Department of Transportation to realign Highway 82. It was originally assumed that the larger remainder parcel resulting from the original exemption could be split two more times based on the previously noted criteria, since there has only been one split by exemption from the original tract of 333 acres. Section 8:52 (A) of the Subdivision Regulations says that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that 2 parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973." Based on the literal reading of this section, since the larger remainder tract has been split by regular subdivision into a number of parcels that far exceed the four allowed by exemption, the applicant's do not qualify for any further splits of the property by subdivision exemption. Based on this analysis, this petition would not comply with Section 8:52 (A) of the Subdivision Regulations. B Zoning: The entire tract is zoned A/R/RD, which requires a minimum lot size of two (2.0) acres. All proposed lots would comply with this minimum, lot size requirement. Each of the proposed lots are over four (4) acres in size, which would qualify them for accessory dwellings, if they could meet the water requirements. As proposed, the lots would be served by the Cerise Ranch subdivision, but based on the representations of the applicant, there are only three taps. This would preclude any accessory dwellings on any of the lots. C. Water Supply: The applicant's house is served by an individual well, but as a part of the sale of the remainder of the property the new owner agreed to provide three water taps to the water system developed for the subdivision. (See contract) Any approval of an exemption should include provisions for the owners of the lots that are served by the Cerise Ranch subdivision water supply to be subject to the same covenants and restrictions tied to the water system as the new subdivision lot owners. D. Soils/Sewer: The method of wastewater treatment is proposed to be individual sewage disposal systems (ISDS). There are no significant constraints to the use of ISDS due to the soils in the area proposed for the new lots. According to the Natural Resource Conservation Service, the majority of the soils on the site are considered to be an Evanston loam, 1% to 12% slope. The soil is considered to be well suited for homesite development, with limited constraints due to shrink -swell soils that can be minimized by pre -wetting soils prior to construction. E. Access: Access to the proposed two new parcels will be via an easement, off of State Highway 82. The easement must be a minimum of 25 feet in width and legally described on the exemption plat. Additionally, CDOT may require a new access permit for the increased use of the property by the addition of the two lots. F. Fire Protection: The Carbondale & Rural Fire Protection District has provided a letter noting the property is within the service area of the district . They note that access needs to be year around and that fire protection water will be provided by the trucks coming to the property and additional water will be via tanker shuttle. Staff would suggest that arrangements be made to access the fire hydrants in the Cerise Ranch subdivision system. G. Easements-. As noted previously, the applicant will need to show a legally described access easement, at least 25 feet in width, from State Highway 82 to the proposed new tracts. The proposed source of domestic water is from the Cerise Ranch subdivision water system. An access and maintenance easement at least 10 feet wide needs to be 3 legally described on the exemption plat from the subdivision water supply system. The application shows a natural gas easement on the property that will need to be legally described and shown on the exemption plat. H. All of the following additional plat notes need to be included on the exemption plat: "The individual lot owners shall be responsible for the control of noxious weeds." "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R. S. 25-7-40 1, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "There shall be no more exemptions from definition of subdivision allowed on either parcel created by this approval." IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The application does not meet the requirements of Section 8:52 (A) of the Garfield County Subdivision Regulations of 1984, as amended. 4. That for the above stated and other reasons, the proposed exemption is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4 V. RECOMMENDATION Staff recommends DENIAL of the application due to noncompliance with Section 8:52 (A) of the Garfield County Subdivision Regulations of 1984, as amended. 5 pursuant to the following conditions: 1. That a representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, a 25 ft. wide access easement to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation ditches, access, utilities, etc 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 5. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted by Garfield County. 6. Prior to final approval, the applicant will provide copies of the following documentation regarding the capacity, quality and use of the domestic water well: 1) That a four hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) A water sharing agreement will be filed with the exemption plat that defines the right of the property owners to water from the well. 7. That the following plat notes shall be included on the exemption plat: "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible 6 space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "The individual lot owners shall be responsible for the control of noxious weeds. "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R. S. 25-7-40 1, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "There shall be no more exemptions from definition of subdivision allowed on either parcel created by this approval." RECEIVED SEP 1 3 2000 BEFORE THE BOARD OF COUNTY COMMISSIONER OF /(4). to GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.RS. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned Dennis and Patricia Cerise respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of one 16+ acre tract of land into three tracts of approximately five+ acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: Petitioners would like to preserve the option to provide homesites for other family members following sale of the main Cerise Ranch. See attached Statement. SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum sdale of 1 "=200' showing the legaldescription of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S. G. S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petite er Dennis N. Cerise Petitioner Patricia E. Cerise Mailing Address 16724 Highway 82 Carbondale, CO 81623 City 963- 3574 State Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. All Garfield County zoning requirements will be met; and All Lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based 1000 gallons. Method of sewage disposal, and appropriate fire district; and All state and local environmental the process of being met; and on the use of cistern, the tank shall be a minimum of a letter of approval of the fire protection plan from the health and safety requirements have been met or are in Provision has been made for any required road or storm drainage improvements; and Fire protection has been approved by the appropriate fire district; and 3_ I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is 5200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at Least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. REASON FOR EXEMPTION REQUEST As the County is aware, the Mumbert Cerise Family Co. (the "Partnership") has contracted to convey the bulk of its holdings in Garfield County to Wintergreen Homes LLC, and the County has given preliminary approval to the subdivision application for the Cerise Ranch Subdivision. The Partnership reserved approximately 13 acres from that sale, and has added that acreage to acreage already owned by Dennis and Patricia Cerise by a boundary line adjustment to prevent the creation of any illegal subdivided lot. The resulting lot is approximately 16.44 acres Dennis Cerise is one of three partners in the Mumbert Cerise Family Co. The original intention of the parties in making the reservation from the sale was that each of the family members would retain some acreage in the area that had been the family homesite for approximately 80 years. Dennis and Patricia Cerise therefore request this exemption in order to preserve that option for family members. SUBMITTAL REQUIREMENTS Petitioners will address here the Submittal Requirements listed on the attached Petition. To the extent that any documentation that may be required in support of the Petition is insufficient or any additional documentation is required, Petitioners request as much leeway as possible to provide additional information and come into complete compliance within the six-month period described in County Resolutions No. 2000-68 and No. 2000- 69. A. Sketch Map. The sketch map attached shows Petitioners' intent to create three lots of roughly equal size containing approximately 5 acres each. The three lots are aligned one behind the other and will all have access to Highway 82 for ingress and egress. Non-exclusive easements for such ingress and egress for the benefit of Lots 2 and 3 will be located along the western boundary of Lots 1 and 2. Easements for the benefit of all three lots for purposes of connection to utilities, as well as any necessary irrigation and drainage, will be located along the eastern boundary of the lots. Petitioners propose to submit a more detailed Sketch Map as soon as it has been completed. B. Vicinity Map. A copy of the relevant section of the U.S.G.S. quadrangle map for the Carbondale quadrant appears on the Sketch Map. C. Deed. Copies of the two deeds conveying the property to Petitioners are attached. The deed executed of even date herewith has been delivered to the Clerk and Recorder of Garfield County for recording. D. Record Owners of Land. A list of names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption is likely to change prior to the date on which any public notice will be given on this petition. Petitioners request the right to compile and submit that list among any last items required for completeness and compliance. A copy of the list of such owners as they would relate to the Cerise Ranch to which this property is adjacent is attached; however, Petitioners believe it to be significantly over -inclusive and expect to submit an accurate list for this parcel closer to the time of scheduling a public hearing. Petitioners are the sole owners of the mineral rights of the property to be exempted, and there are no lessees of such mineral rights. There are no tenants and no structures proposed for conversion in connection with this exemption application. E. Soils. Extensive soil testing has been done on the Cerise Ranch Subdivision immediately adjacent to the proposed lots. The County has in that subdivision application a full report on soils and geologic information. Petitioners believe the soils to be identical in types and characteristics and request the County to take official notice of that information already provided. F. & G. Water. Petitioners' home, which is located on Lot 1 of the proposed three lots, is served by a well, and Petitioners anticipate that well permits could be granted for each of the other two lots. However, in connection with the sale to Wintergreen Homes LLC, Wintergreen has agreed to reserve three water taps for Petitioners and to provide water service to these taps from the Cerise Ranch community water system. That obligation will be reflected in the Cerise Ranch Homeowners' Association protective covenants. Proof of the availability of this water supply will be provided as soon as the sale to Wintergreen is closed. Sewer. The County has approved ISTS individual sewage treatment systems for the lots in the Cerise Ranch Subdivision. Petitioners presently have on an individual septic system for their home on Lot 1. Because of the 5 -acre size of the proposed lots, Petitioners believe that ordinary individual septic systems are feasible, but would agree to a requirement for ISTS systems for any new residences if the County believes that is necessary. Fire. Petitioners anticipate fire protection coverage from the Carbondale Fire Protection District since the department present provides coverage to Petitioners and since the proposed lots are adjacent to the Cerise Ranch Subdivision. which the Carbondale Fire District has already committed to cover. Petitioners will agree to the same conditions for that coverage as have been required in connection with individual homes in the Cerise Ranch Subdivision. A letter from the District is attached. H. Narrative. See initial statement above. I. Status January 1. 1973. Attached are copies of parts or all of four deeds demonstrating that the subject property as it exists presently was part of a larger parcel on January 1, 1973. (The older deeds are irregular in shape but can be recopied or the originals produced for inspection.) The parcel was conveyed to Frank, Mumbert, Posic, and Oscar Cerise in 1925; in 1936, Posic and Oscar conveyed their half of the property to Mumbert and Laurine Cerise; and in 1937 Frank conveyed the remaining one quarter to Mumbert and Laurine. In 1982, Mumbert and Laurine conveyed the entire parcel to the Mumbert Cerise Family Co. The property to be exempted is the only smaller parcel created to date from the larger parcel, the balance of which is under contract to Wintergreen Homes and will all be part of the Cerise Ranch Subdivision, which has been granted preliminary approval by the County. The parcel sought to be divided into three lots was originally created by subdivision exemption in 1983 in accordance with Garfield County Commissioners Resolution No. 83-306. It has been increased in size by a boundary line adjustment as indicated under paragraph C above. J. Fee. Petitioners' check for $300 is submitted with this application. K. Additional Information. 1. All Garfield County zoning requirements will be met. 2. All state and local environmental health and safety requirements will be met. 3. No road or storm drainage improvements are expected to be required, but any such requirements will be met. 4. The school impact fees applicable at the time of filing of the plat will be paid. SECTIONS 29, 32 & 33, TOWNSHIP 7 S, RANGE 87 W, 6TH P.M. VICINITY MAP SCALE: 1" z 2000' 0 u) N �15' ACCESS EASEMENT S 80'56"04' E 658.02. LOT 3 5.54 AC± S 78'56'08" E 665 57. LOT 2 5.42 ACf CENTERUNE OF EXISTING GAS LINE EASEMENT KINDER MORGAN BK824/PG729 15' UTILITY AND DRAINAGE EASEMENT D 0 0 0) 0 CERISE RANCH SUBDIVISION N Basalt Realty 0206 Cody Lane Basalt, CO, 81621 Phone: 970-927-3174, Fax: 970-927-3763 The printed portions of this form, except (italicized) (differentiated) additions, have been approved by the Colorado Real Estate Commission. (AE41-9-00) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. AGREEMENT TO AMEND/EXTEND CONTRACT Date• September 07, 2000 RE: Contract dated May 21, 1998 between Wintergreen Homes LLC And/or assigns (Buyer) and Dennis N. Cerise, General Partner Richard A. Cerise, General Partner Mumbert Cerise Family Company, a Colorado Limited Partnership (Seller), relating to the sale and purchase of the following described real estate in the County of Garfield Colorado: Parcel 2: A parcel of land located in a portion of Government Lots 2, 7, and 8, of Section 32, Township 7 south, Range 87 West, 6th Principal Meridian, Garfield County, Colorado and all of the SW 1/4 SE 1/4 of Section 29, Township 7 South, Range 87 West, 6th Principal Meridian, Garfield County, Colorado, and being more particularly described in attached in Exhibit A. known as No. Parcel No. 2 Street Address City Buyer and Seller hereby agree to amend the aforesaid contract as follows: § 2c. Dates and Deadlines. State Zip (Property). Item No. Reference Event Date or Deadline 1 § 5a Loan Application Deadline n/a 2 § 5b Loan Commitment Deadline n/a 3 4 5c Buyer's Credit Information Deadline n/a 4 4 5c Disapproval of Buyer's Credit Deadline n/a 5 4 5d Existing Loan Documents Deadline n/a 6 § 5d Obiection to Existing Loan Deadline n/a 7 4 5d Approval of Loan Transfer Deadline n/a 8 4 6a Appraisal Deadline n/a 9 4 7a Title Deadline n/a 10 4 7a Survey Deadline n/a 11 4 7b Document Request Deadline n/a 12 4 7c, 4 8a Goveming_Documents & Title Objection Deadline n/a 13 4 8b Off -Record Matters Deadline n/a 14 4 8b Off -Record Matters Objection Deadline n/a .15 4 8e Right Of First Refusal Deadline _ n/a 16 4 10 Seller's Property Disclosure Deadline n/a 17 4 IOa Inspection Objection Deadline n/a / !,C 18 4 10b Resolution Deadline n/a 19 4 11 Closing Date September 2000 4 16 Possession Date jj September 71, 2000 21 4 16 Possession Time 5:00 P.M. 9.C! •j Z No. AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT ReaIFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.04. ©ReaIFA$T®. 2000; Reg# LCOCOI 279316 Completed by" Darryl Grosjean, Head Broker, Basalt Realty Buyer(s) 09/07/00 16:12:49 Seller(s) CPah" 9f • 22 28 Acceptance Deadline Date n/a 23 $r_28 Acceptance Deadline Time n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Other dates or deadlines set forth in said contract shall be changed as follows: n/ a Additional amendments: 1. Purchase price as adjusted for exact acreage (96.660 acres less 4.6 acres for Lot 68 reserved by Seller for a total of 92.060 acres) plus 3% for one year extension as previously provided in said contract shall be $1,706,792.40. 2. Seller shall place in escrow an amount of $3,000.00 for cleanup in the event any items of a personal nature are remaining on the property being conveyed at the time of closing as previously provided in said contract. 3. Earnest money promissiory note in the amount of $50,000.00 dated May 21, 1998 shall be due and payable at the time of closing. 4. Section 21. Additional Provisions, Paragraph 10. regarding an emergency access easement shall be deleted. This provision is no longer applicable under the conditions of the preliminary plat. 5. Buyer shall provide to Dennis Cerise ("Tap Holder") and/or his assigns three (3) domestic water taps and to Richard Cerise ("Tap Holder") and/or his assigns one (1) domestic water tap onto the community water system ('The System") at such time they elect to connect to the system. The system shall be constructed by Buyer and said taps shall be at no fee to the tap olders except that the costs of the physical connection shall be at the sole cost of the tap holders. Water usage fees shall not be assessed to the tap holders until after said tap 's connected. All other terms and conditions of said contract shall remain the same. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance on or before September 18 , 2000 5 : 00 P.M. Date Time /%i72 4 ( -FSE f 9fl)/cry c' Q SELLER'S SIGNATURE Dennis N. Cerise, GeneralPPaa tner �/ SELLER' S SIGNATURE �'vr� :7' C� LC1, Richard A. Cerise, General Partner SELLER'S SIGNATURE Mumbert Cerise Family Company, a Colorado Limited Partnership BUYER'S SIGNATURE Wintergreen Homes LL /or is gngns/ No. AE41-1-00 AGREEMENT TO AMEND/EXTEND CONTRACT ReaIFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.04, ©RReaIFA$T®, 2000; Reg# LC0001'22316 Completed by - Darryl Grosjean, Head Broker, Basalt Realty 09/07/00 16:12:49 DATE DATE / / - DATE DATE Page 2 of 2 oclig a FIRE • EMS • RESCUE September 13, 2000 Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: Cerise Subdivision Exemption, 16724 Highway 82 Dear Mark: The proposed Cerise subdivision exemption is serviced by the Carbondale & Rural Fire Protection District. Access to the property should be according to the Garfield County Road Specifications to insure access for emergency vehicles on a year round basis. Water supplies for fire protection would initially be limited to water carried on responding fire apparatus. Additional water would have to be supplied by tanker shuttle. Please contact me if you have any questions. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569 Aspen -Gypsum Area. Colorado 23 13—Atencio-Azeltine complex, 3 to 6 percent slopes. This map unit is on alluvial fans and terraces. The native vegetation is mainly grasses and shrubs. Elevation is 5,900 to 6,500 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 44 to 46 degrees F, and the average frost -free period is 105 to 120 days. This unit is about 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. Included in this unit are small areas of soils that are similar to the Atencio and Azeltine soils but are finer textured. Also included are small areas of gravel bars. Included areas make up about 10 percent of the total acreage. The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray sandy loam about 6 inches thick. The next layer is sandy loam about 4 inches thick. The subsoil is about 10 inches of sandy clay loam over about 4 inches of gravelly sandy loam. The upper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. The soil is noncalcareous to a depth of 20 inches and calcareous below that depth. In some areas the surface layer is gravelly or cobbly. Permeability is moderate to a depth of 30 inches in the Atencio soil and rapid below this depth. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The Azeltine soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically. the surface layer is reddish gray gravelly sandy loam about 9 inches thick. The upper 7 inches of the substratum is gravelly loam. The lower part to a depth of 60 inches is extremely gravelly sand. The soil is calcareous throughout. In some areas the surface layer is cobbly loam or sandy loam. Permeability is rapid or very rapid below a depth of 16 inches in the Azeltine soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly for irrigated hay or pasture. It also is used for crops, urban development, wildlife habitat, or rangeland. If this unit is used for hay and pasture, the main limitations are the low available water capacity and small stones. Grasses and legumes grow well if adequate fertilizer is used. Good management helps to maintain optimum vigor and quality of forage plants. Because these soils are droughty, applications of irrigation water should be light and frequent. Irrigation water can be applied by corrugation, sprinkler, and flooding methods. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. If furrow or corrugation irrigation systems are used. runs should be on the contour or across the slope. If properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltail also are included. The average annual production of air- dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a planned grazing system. If the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes in areas of this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. This map unit is in capability subclass IVe, irrigated, and Vle, nonirrigated. it is in the Rolling Loam range site. 14—Callings-Yeljack complex, 25 to 65 percent slopes. This map unit is on ridgetops. benches, and mountainsides. Elevation is 7,500 to 9,500 feet. The average annual precipitation is 18 to 20 inches, the average annual air temperature is 39 to 41 degrees F, and the average frost -free period is 70 to 80 days. This unit is about 50 percent Callings soil and 40 percent Yeljack soil. Included in this unit are small areas of Mine, Arle, Ansari, Jerry, Millerlake, Uracca, and Mergel soils. Included areas make up about 10 percent of the total acreage. The Callings soil is deep and well drained. It formed in alluvium and colluvium derived dominantly from sandstone. Typically, the surface layer is dark brown loam about 5 inches thick. The next 6 inches is gravelly loam. The subsurface layer is very cobbly clay loam 37 accessible. The slope limits harvesting in other areas. The potential plant community on this unit is mainly Douglas fir with an understory of nodding brome, boxleaf myrtle, common juniper, mountain snowberry, and Saskatoon serviceberry. The potential production of the native understory vegetation in normal years is about 250 pounds of air-dry vegetation per acre. The production of vegetation suitable for livestock grazing is limited by the overstory canopy. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. If this unit is used for homesite development, the main limitations are large stones and the slope. This map unit is in capability subclass Vile, nonirrigated. It is in the Douglas Fir woodland site. 38—Evanston loam, 1 to 6 percent slopes. This deep, well drained soil is on alluvial fans, terraces, and valley sides. It formed in alluvium derived dominantly from material of mixed mineralogy. Elevation is 6,500 to 8,000 feet. The average annual precipitation is 13 to 15 inches, the average annual air temperature is 42 to 46 degrees F. and the average frost -free period is 80 to 90 days. Typically, the surface layer is brown loam about 14 inches thick. The subsoil is clay loam about 17 inches thick. The substratum to a depth of 60 inches or more is loam. Included in this unit are small areas of Tridell, Uracca, and Forelle soils. Also included are small areas of soils that are similar to the Evanston soil but have more stones. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the Evanston soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly as rangeland. It also is used for pasture, crops, or wildlife habitat. A few areas also are used for homesite development. The potential plant community on this unit is mainly bluebunch wheatgrass, western wheatgrass, muttongrass, Douglas rabbitbrush, and mountain big sagebrush. Utah serviceberry, mountain snowberry, prairie junegrass, and Ross sedge commonly are also included. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Suitable management practices include proper grazing use and a planned grazing system. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in 38 the potential plant community. This soil responds well to applications of fertilizer, to range seeding, and to proper grazing use. If the quality of range vegetation has seriously deteriorated, seeding is needed. This unit is well suited to hay and pasture. It has few limitations. A seedbed should be prepared on the contour or across the slope where practical. Applications of nitrogen and phosphorus fertilizer improve growth of forage plants. If properly managed, the unit can produce 5 tons of irrigated grass hay per acre annually. This unit is well suited to irrigated crops. If properly managed, it can produce 90 bushels of barley per acre annually. This unit is suited to homesite development. The main limitation is the shrink -swell potential. The effects of shrinking and swelling can be minimized by prewetting foundation areas. Population growth has resulted in increased construction of homes in areas of this unit. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Deep Loam range site. 39—Evanston loam, 6 to 25 percent slopes. This deep, well drained soil is on alluvial fans, terraces, and valley sides. It formed in mixed alluvium. Elevation is 6,500 to 8,000 feet. The average annual precipitation is 13 to 15 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 80 to 90 days. Typically, the surface layer is brown loam about 14 inches thick. The subsoil is clay loam about 17 inches thick. The substratum to a depth of 60 inches or more is loam. Included in this unit are small areas of Tridell and Uracca soils. Also included are small areas of soils that are similar to the Evanston soil but have more stones. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the Evanston soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used mainly as rangeland. It also is used as wildlife habitat. A few areas are used for homesite development. The potential plant community on this unit is mainly bluebunch wheatgrass, western wheatgrass, muttongrass, Douglas rabbitbrush, and mountain big sagebrush. Utah serviceberry, mountain snowberry, prairie junegrass, and Ross sedge commonly are also included. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, 78 irrigated grass hay per acre annually. This unit is well suited to irrigated crops. It is limited mainly by content of gypsum and the susceptibility to piping and sinkholes. Sprinkler irrigation can be used, but water should be applied slowly to minimize runoff. Pipe, ditch lining, or drop structures in irrigation ditches facilitate irrigation and help to control erosion. Returning crop residue to the soil or regularly adding other organic material improves fertility, reduces crusting, and increases the water intake rate. Crops respond well to applications of nitrogen and phosphorus fertilizer. Crops suitable for this soil include alfalfa and small grains. This unit is suited to homesite development. The shrink -swell potential is a limitation. It can be minimized by prewetting the foundation area. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. Population growth has resulted in increased construction of homes in areas of this soil. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 115—Yamo loam, 6 to 12 percent slopes. This deep, well drained soil is on fans and toe slopes. It formed in colluvium derived dominantly from sandstone, shale, and gypsum. Elevation is 6,200 to 7,500 feet. The average annual precipitation is 10 to 14 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is light brownish gray loam about 8 inches thick. The subsoil is loam about 6 inches thick. The substratum to a depth of 60 inches or more is loam. Thin strata of material that ranges from gravelly clay loam to sand are common below a depth of 40 inches. Included in this unit are small areas of Forelle and Mussel soils and small areas of Gypsiorthids. Also included are small areas of soils that are similar to the Yamo soil but have a more alkaline subsoil and support some greasewood vegetation. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Yamo soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. This unit is used mainly as rangeland, hayland, or pasture. It also is used for homesite development. The potential plant community on this unit is mainly western wheatgrass, bluebunch wheatgrass, Indian ricegrass, prairie junegrass, Wyoming big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are needleandthread, bottlebrush squirreltail, and Sandberg bluegrass. The average annual production of air-dry vegetation is about 800 pounds per Soil Survey acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. Range seeding may be needed if the range is in poor condition. For successful seeding, a seedbed should be prepared and the seed drilled. The plants selected for seeding should meet the seasonal requirements of livestock, wildlife, or both. This unit is suited to homesite development. The main limitation is the slope in the steeper areas. The shrink -swell potential is also a limitation. It can be minimized by prewetting the foundation area. Areas adjacent to hillsides are occasionally affected by runoff, which may be accompanied by the movement of rock debris. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 116—Yamo loam, 12 to 25 percent slopes. This deep, well drained soil is on fans and toe slopes. It formed in colluvium derived dominantly from sandstone, shale, and gypsum. Elevation is 6,200 to 7,500 feet. The average annual precipitation is 10 to 14 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is Tight brownish gray loam about 8 inches thick. The subsoil is loam about 6 inches thick. The substratum to a depth of 60 inches or more is loam. Thin strata of material that ranges from gravelly clay loam to sand are common below a depth of 40 inches. Included in this unit are small areas of Mussel soils and Gypsiorthids. Also included are small areas of Forelle soils. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Yamo soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is severe. This unit is used as rangeland. The potential plant community is mainly western wheatgrass, bluebunch wheatgrass, Indian ricegrass, prairie junegrass, Wyoming big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are needleandthread, bottlebrush squirreltail, Sandberg bluegrass, Utah juniper, and Rocky Mountain juniper. The average annual production of air-dry vegetation is about 800 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase in abundance. The suitability of this unit for range seeding is fair. The main limitations are the slope and occasional gypsum outcrops. Ii s ir c( ir lo SI cc wi ink er, mE mc arE avE 1,5 det abs det( abu 1 NOD° FIRE • EMS • RESCUE September 13, 2000 Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: Cerise Subdivision Exemption, 16724 Highway 82 Dear Mark: The proposed Cerise subdivision exemption is serviced by the Carbondale & Rural Fire Protection District. Access to the property should be according to the Garfield County Road Specifications to insure access for emergency vehicles on a year round basis. Water supplies for fire protection would initially be limited to water carried on responding fire apparatus. Additional water would have to be supplied by tanker shuttle. Please contact me if you have any questions. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569