Loading...
HomeMy WebLinkAbout3.0 Satisfaction of Conditions1QMB Zi .0-12)41/'00g5 GUs�.t.,c GHEES A' ✓a, K • cMeslien, 2438 County Rd. 102, Carbondale, CO 81623 (1 tof.) ✓a Herb H. and Carvivn R, elson 0621 Davis Point, Silt, CO 81652 (W&F) An .h nv and c rnl h r, 0220 Sunset Lane, Carbondale, CO 81623 0 lett) Tec Rogers, 1140 Suset Lane, Carbondale, CO 81623 :l' +-,r) Henn$ Scaleg, Box 28244, El Jebel, CO 81628 0.4(10 Albert and Denise Frink, 350 .Buena Vista, Balboa,CA. 92661 {1tar) Michael 1 -Land St n 3. Josephs, P.O. Box 345118, Coral Gables, FL 33114 (I' -A) amity...Can, c/o Jeff Glen, Esq.y90.Broad Street, New York, N.Y. 10004 (3 #Ioc Pore11,57 e Q u.LR The 1993 Thomas W LeYitt FAmily Taw, c/o Thomas W. Levitt, P.O. Box (0.,.m) 414740, Kansas City, MO 64141 itilV 15 1995 p'Tt GiAL p• S /LS ?titRCI) s 'has 0.14/74 le A-67 47 S watar'glenaca,exa Ex mairA reeett' .M65 sga-Ztq G ws-2.S &PLANT ••I ' I - ,-4 111.-411111-L.1 1 I COLORADO DIVISION OF WATER fiESOURCES (ioVNIHCopy 918 Centennial Bldg., 131rman ©t., Denver, Colorado 80203 (303) 800.3681 WELL PERMIT NUMBER - DIV, 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdly: ANTONIDES WELL USERS GROUP % FITZHUGH SCOTT III 1555 SILVER KING DR ASPEN CO 81611- (970)92S -121G REGISTRATION PURSUANT TO A DECREE EXST DECREED WELL LOCATION GARFIELD COUNTY NW 1/4 SE 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES *3OA0 Ft. from North Suction Line "`2822 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT alien os OF �PROVAt 1) This well shall be used In such a way as to cause no material Injury to existing water rights. net assure the applicant that no Injury will occur to another vested water right or precludeanothe1e Issuance of the permit does from seeking relief in a civil court action. 2) The construction of this watt shall be in compliance with the Water Well Constructionr owner of a vested water right accordance nes been granted by the State 0aarq of Exartllners of Water Well Construction and Pump variance ha with Ruta 18, ruConstruction 2 CCR Inst unless approval of a 3) Approved pursuant to C,R.S.37-92-304(8) for the use of an existing well decreed Instailatlon Contractors in This well was decreed as Mid Valley Well No. 2 (aka Antonides Welt). 4) The weli was decreed for domestic and Irrigation use, ExpansionIn case no. W-1169, Division 5 Water Court. residential taps. The my:ended use of this well is well is subject tof administrthe aic use tion by the'Div anticipated nto serge up to 12 single applicable decrees, statutes, rules, and rig we tons_ gle family 5) The average annual amount of water diverted is not s Engineer in accordance with 6) The Issuance of this permit cancels permit no. 25703.pacified in the decree. 7) The total depth of this well fs 250 feet. 8) Tho decreed pumping rate is' 0.33 cfa (160 gallons per minute). `4) A totel!zing flaw meter must be Installed on the well and maintained In good working order. Perm must be maintained by the well owners (recorded at least annually) and submitted to the Di sonnent Engineer uponrecords of3li req essirhs 10) The owners shall mark the well In a conspicuous place with well permit number(s), n case number(a) as apprcpriatg. and court The owners shall take necessary means and precautions to preserve these markings. Tice decreed location of this well Is described as follows. bears N. 00 degrees, 41 minutes, 30 seconds, 3984.75 feet.a point whence the N gustier corner of said Section 28 A fist of the nine owners for the Antanides Weil Users Group is described in exhibit A attached to this permit file. APPROVED TLC 91ate Engineer ;Receipt No. 0027865 z 1 DATE ISSUED ray — _ -_-__EXPIRATION DATE 1 LIST OF OWNERS WITIIIN 200 FEET OF SUBJECT PROPERTY Stanley Glen Subdivision David & Stephanie Brown POB 91 Aspen, CO 81612 Charles & Lisa Bontcmpo 0004 Harmony Road Carbondale, CO 81623 Denis Grosvenor POB 3071 Aspen, CO 81612 Raul & Jo Anne Gawrys POB 825 Basalt, CO 81621 Stephen & Amy Barwick 705 Cemetary Lane Aspen, CO 81611 Kenneth McMechan POB B El Jebel, CO 81628 Joe & Linda Edwards 14 Fender Lane El Jebel, CO 81628 Eagle Ranch, Inc. POB 4 Toms River, NJ 08754 Sirous & Ruth Saghatleslami POB 8080 Aspen, CO 81612 Marian G. Lopez 3140 Oakdale Hickory Corner, MI 49060 Russell & Lorraie Isaac 42 Lark Bunting Lane Littleton, CO 80127 Herbert & Carolyn Nelson 621 Davis Point Silt, CO 81652 Thomas W. Levitt, Trustee (North & West) POB 414740 Kansas City, MO 64141-4740 Dakota Partners, LLC (South) 2227 Emma Road Basalt, CO 81621 Tony & Carolyn Scheer 0220 Sunset Lane Carbondale, CO 81623 Terri Rogers 1140 Sunset Lane Carbondale CO 81623 Helen R. Scales POB 28244 El Jebel CO 81628 Albert & Denise Frank 350 Buena Vista Balboa, CA 92661 Michael R. & Susan B. Josephs POB 345118 Carol Gables, FL 33114 Stanley Glen c/o Jeff Glen, Esq. DeForest & Duer 90 Broad St. New York, NY 10004 The 1993 Thomas W. Levitt Family Trust c/o Thomas W. Levitt POB 414740 Kansas City, MO 64141 ROAD MAINTENANCE AGREEMENT THIS AGREEMENT entered into this day of June, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION. RECITALS 1. Harmony View Subdivision is a subdivision located primarily in Eagle County and partially in Garfield County, Colorado, consisting of seven (7) lots, six (6) of which utilize a road known as Harmony Lane for access. The owners of each of the six lots within Harmony View Subdivision that utilize Harmony Lane as access are members of the Harmony View Homeowners Association. 2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado, consisting of four (4) lots. The owners of the 4 lots within Pinion Grove Exemption constitute the members of the Pinion Grove Homeowners Association. 3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County, Colorado, consisting of three (3) lots. The owners of the 3 lots within Joseph's Meadows Subdivision exemption constitute the members of the Joseph's Meadows Homeowners Association. 4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado, Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt Subdivision will constitute the members of the Levitt Subdivision Homeowners Association. 5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive, above, each use portions of Harmony Lane for access to their respective properties, all as more fully set forth hereinbelow. 6. The parties hereto have reached the following agreement with respect to sharing the costs of the future repair and maintenance of Harmony Lane and wish to memorialize said agreement in writing. NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1 • Harmon Lane. Harmony Lane is hereby defined as that certain existing roadway located just westerly of the Eagle County/Garfield County line, from its intersection with Fender Lane (County Road 102) southerly to its intersection with Wind River Road. For purposes of this Agreement, Harmony Lane shall be further divided into three sections, defined as follows: a. North Section shall mean that portion of Harmony Lane of approximately <pit feet in length from the intersection of Harmony Lane and Fender Lane to the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision; b. Center Section shall mean that section of Harmony Lane of approximately 532. feet in length from the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision, which is the same point as the entrance into Joseph's Meadows Subdivision; 6g5 -c. South Section shall mean the section of Harmony Lane of approximately feet in length from the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of Harmony Lane and Wind River Road. 2. Use of Harmony Lane and Sharing of Repair and Maintenance Costs. The parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a prorata basis, determined according to the number of users of each section of Harmony Lane. The parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs of repair and maintenance of each section of Harmony Lane shall be shared as follows: a. North Section is used by 26 lots, consisting of 6 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of ongoing and future repair and maintenance of the North Section will be divided into 26 equal parts and each lot using the North Section will be allocated 1/26th of said cost. b. Center Section is used by 24 lots, consisting of 4 lots in Harmony View Subdivision, 31ots in Joseph's Meadows Subdivision, 41ots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of future repair and maintenance of the Center Section will be divided into 24 equal parts and each lot using the Center Section will be allocated 1/24th of said cost. c. South Section is used by 17 lots, consisting of 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of repair and maintenance of the South Section will be divided into 17 equal parts and each lot using the South Section will be allocated 1/17th of said cost. 6/6/96 Draft Road Maintenance Agreement Page 2 3. Method of Payment of Road Maintenance Costs. a. Obligation of Homeowners Association. The obligation to pay the proportionate share of the Harmony Lane repair and maintenance costs, as allocated above, shall be the responsibility of and shall be paid by the Homeowners Association for each affected subdivision. The sums due from each Homeowners Association shall be determined by the number of lots whose owners are members of each such association who use the various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners Association shall assess each lot whose owners are members of such Association such lot's allocated share, provided, however, that the precise manner in which each Homeowners Association collects the monies from the individual lot owners shall be in accordance with the applicable internal documents and procedures of each Homeowners Association. b. Manner of Assessment. Prior to May 31 during each year of the term of this Agreement, the Presidents, or such other representatives as may be designated in writing, of each Homeowners Association which is a party hereto, shall meet and confer with respect to items of routine repair and maintenance of Harmony Lane which may be expected during the succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund the total amount due from each such Association, which shall be equal in amount to the cumulative amount allocated in accordance witih this Agreement to the lots whose owners are members of such Association. Upon reaching such agreement, the representatives shall designate one of their number to negotiate and enter into such contracts for services with third parties as are appropriate to cause the anticipated repair and maintenance to be accomplished. The cost for such services shall then be paid from the sums deposited into the road maintenance fund by the parties hereto. In the event that the representatives of the Homeowners Associations are unable to reach unanimous agreement with respect to items of repair and maintenance and allocations therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision party hereto shall remain the same as said allocation for the preceding year and the amount due from each party hereto shall be the same as in the preceding year. Allocations for emergency or extraordinary repair and maintenance to Harmony Lane shall be made in accordance with the terms of this Agreement and the Homeowners Associations party hereto shall have the authority to contract and pay for such emergency or extraordinary repair and maintenance to Harmony Lane by following the same procedures as those set forth herein for routine repair and maintenance. 6/6/96 Draft Road Maintenance Agreement Page 3 4. Term of Agreement. The initial term of this Agreement shall be for a period of ten (10) years, and shall thereafter automatically renew for successive five (5) year periods; provided, however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or quasi -municipal (such as a road maintenance district) entity, or( it) the anniversary date of this Agreement in the year 2051.. 5. Additional Users of Harmony Lane. The parties recognize and agree that as of the date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further recognize that there are other lands susceptible of development that may use Harmony Lane as access (hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby agree that this Agreement may be amended without their further consent by the addition of Additional Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance with the concepts established by this Agreement, and provided further, that such Additional Users of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. The parties agree that any action to enforce any provision of this Agreement shall be brought in the District Court in and for Garfield County, Colorado, and that such court shall be the exclusive venue within Colorado for any such action. b. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between them with respect thereto. c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the Court. d. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. e. Signatures in Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an 6/6/96 Draft Road Maintenance Agreement Page 4 06/ 06,96 96 16: W97ii 945 9769 L_ARi< GREEN •110 original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By President President Road MMintcnance Agreement 6/6/96 Draft Page 5 0e/06/96 16:44 12970 9769 LARRY GREEN -*-,VITT original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any term or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By President JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By Road Maintenance Agreement 6/6/96 Draft Page 5 president President E 1008 06/06/96 16:39 V970 5 9769 LARRY GREEN • original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any terra or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 6/6/96 Draft HAR ' ONY 1aii! , OMEOWNERS ASSOCIATION ByAK? fintir* PINI N GRO V President OMEOWNERS ASSOCIATION JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION President President (}/e(///(// Read Maintenance Agnxmcnt Page 5 President nos i • RIGHT—OF — WAY FENDERLANE MAINTENANCE HARMONY HARMONY LANE N t) HARMONY VIEW FILING 1 CENTER LINE HARMONY VIEW FILING 1 ACCESS EASEMENT V) z 0 zcn CC0 X 0 ow w CENTER LINE HARMONY VIEW FILING 2 ACCESS EASEMENT HARMONY VIEW FILING 2 CENTER LINE WIND RIVER ROAD ACCESS EASEMENT .Apr -,17-97 08:32A '.""• '+V. 1. 1 If 11-1) LJUI . MIDVAI,LEY WELL #2 COMMUNITY WATER SYSTEM 7=JJJ L)U The undersigned, as shareholders in the MidValley Well #2, a/k/a Antonides Well, (hereinafter called "Well"), hereby agree as follows: NAME 1. Each of the undersigned parties interests in the well are as reflected below; AD--- D � SHARES Ken McMechen 2438 County Road 302, Carbondale, CO. 81623 1 Herbert N. and Carolyn R. Nelson 0621 Davis Point, Silt, CO 81652 1 Anthony and Carolyn Scheer, 0220 Sunset Lane, Carbondale, CO 81623 1 Terri Rogers 1140 Sunset Lane, Carbondale, CO 81 623 1 Kirk R. Scales P- 0. Box 28244, El Jebel, CO 81628 1 'Albert and Denise Frink 350 Buena Vista, Balboa, CA 92661 1 Michael k and Susan O. Josephs P. O. Box 345118, Cora] Gables, FL 33114 1 Stanley dlcn c/o Jeff Glen, Esq-. Dehorest & Duer, 90 Broad Street, New York, NY 10004 3 T� 199:3 Thomas W- Levitt Family Trust c/o Thomas W. Levitt, P.O. Box 414740 Kansas City, MO 64141 1 r.CJI 2. All the parties agree to pay their proportionate share of well upgrades currcrit]y required which include an upgrading of the pressure tank, booster pump, and meter installation. Al I of the undersigned parties agree that they shall participate and pay their proportionate share of `the well upgrades above reference, which is estimated to cost $10,000-00. 3. it is further agreed that the two inch water line need~ to be replaced with a four inch water line. The shareholders who stand to benefit from this upgrade are McMPehen, Levitt, Glen, and Nilson- As referenced above, Glen has three shares and Levitt has two shares. The P. 02 Apr' X17-97 08. 32A t/-1 1f 1JJI UU° 11M11 I .BV I 11 f l f fJ 1 I V • estimated cost of this improvement is $15,000.00 to $20.000.00, and it is agreed that all parties shall pay their proportionate share for replacement of the two inch water line with the. four inch water Line, 4. McMechen will not pay his proportionate share of the line replacement until tither sale of his louse or until he upgrades the water line from his house to the new four inch water line, whichever occurs first. However, he will agree to pay interest at the rate of 8.25% , compounded annually, on his proportionate share of the expense associated with installation of the new four inch Line; with payment of the principal reserved as set forth above. 5. The installation of a new four inch water line will also require a new four inch valve at the pump station. 6. ' Irx order to install the new four inch valve at the pump station, thc water will have to be cut off to the Scheer four inch line until the new four inch valve is installed. 7- It is agreed that Levitt, Nelson and Mclvlechen are to be notified 24 hours before the water is to be cur off for the installation of the four inch line and four inch valve, and that the installation process is to be completed within 48 hours after thc water service is cut off. 8. It is further agreed that after the lire is installed, the entire system will be disinfected and flushed. 9. To the extent a shareholder chooses not to pay for the upgrade at the time of installation, Glen must pay for that upgrade. The non -participating shareholder will be required to pay their share upon sale of their property or when they tap into the upgraded water system, whichever occurs purse_ 14 Any successor in interest to all or a portion of the Glen or Levitt property shall pay their proportionate share of the cost of the upgrades. For example, if Glen sells one lot, then the purchaser of that lot would be responsible for 1/12 of the cost of the upgrade, assuming the cost of that upgrade has not been previously paid for. 11, Anyone who chooses not to pay their share agrees to pay interest on the amount of ;their share at the rate of 8.25%, compounded annually, with interest payable yearly from the date !the assessment is made. 1F.. To the extent that a dispute arises among the signatots to this agreement, the pretiailing party or parties in any litigation shall be entitled to an award of their reasonable costs and attorneys fees. 13. It is further agreed and acknowledged that, to the extent this agreement does not reflect all contingencies or circumstances that may arise subsequent to execution of this agreement. the parties affected shall make a good faith effort to resolve any differences on an equitable basis. .y P 03 Apr --.17-97 08:32A LWi ,,,,,,.Jl DATED this day of 1997. KEN MCNIECHEN HERBERT H. NELSON CAROLYN R. NELSON ANTHONY SCHEER CAROLYN SCHEPR TERRI ROGERS IRK R. SCALES ALBERT PRINK DENISE FRINK MJCHAEL R JOSEPHS SUISAN B. JOSEPHS STANLEY GLEN THE 1993 THOMAS W. LEVITT FAMILY TRUST B Y: THOMAS W. LEVITT -3 TQWIL P.33 P. 04 • • BOCC 11/18/96 1/20/97 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Stanley & Ethel Glen LOCATION: A tract of land located within Section 28, T7S, R87W of the 6th P.M.; located approximately five (5) miles east of Carbondale, in Missouri Heights. SITE DATA: 10.65 Acres WATER: Shared Well SEWER: Individual sewage disposal systems (ISDS) ACCESS: County Road 102; Harmony Lane; easement EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is within District B - Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981; 1984 Plan). The subject property is located in the Medium Density Residential (6 to 9 acres/dwelling unit) Proposed Land Use District, as designated by the Garfield County Comprehensive Plan for Study Area I (1995 Plan). 1I. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject tract is 10.65 acres in size, located approximately five (5) miles east of Carbondale in Missouri Heights, immediately west of the Garfield/Eagle county line. The tract lies near the top of a steep slope, on the north side of the Roaring; Fork Valley, where slope ranges from 5% to nearly -20%. 44, • • B. Adjacent Land Uses: The majority of the land in the vicinity of the subject tract has been subdivided or is currently under subdivision or PUD review by both Garfield and Eagle counties. Existing and proposed subdivision lot sizes generally range from one (1) acre to over 10 acres. See vicinity map, page C. Proposal: The applicants propose to divide, by exemption, the 10.65 acre tract into two (2) parcels of 5.32 and 5.33 acres each. Staff contemplates that both parcels wo� eventually be developed into single family homesites. See sketch map, page 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 he created, from anv parcel, as that parcel was described in the records. of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision: however, any parcel to be divided by exemption that is split hy a public right-of-way (State or Federal highway, County road or railroad), preventingjoint 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:" According to a deed submitted with the petition, the applicants obtained the tract in October. 1965, and it appears the tract has remained in this same configuration since. See deed, page /v . Based on this analysis, this request complies with Section 8:52 (A) of the Subdivision Regulations. Incidentally, this request was received by the Planning Department prior to the Board adopting new regulations concerning the exemption criteria and is, therefore, being considered under the previous criteria. B. Zoning: The tract is within the A/R/RD zone district and both proposed lots are in excess of the two (2) acre minimum lot size requirement. As stated earlier, the tract lies near the top of a steep slope: however. slope of the subject tract is significantly less than 40% and both proposed lots would comply with Section 5.04.02 of the Zoning Resolution. C. Water Supply: The proposed water supply would be from an existing well known as the Mid -Valley Well #2 (aka Antonides Well), which is an adjudicated water supply for up to 12 taps. Apparently, the applicants have a right to three (3) of these taps and would use two (2) taps for this proposal, one tap for each lot. The aforementioned well is limited to its historic use as of October 15, 1977, therefore, any expansion would be subject to administration, such as issuance of Basalt Water Conservancy water allotment contracts. The applicants have recently been issued a Basalt Contract, which should enable the Division of Water Resources_to issue the • • appropriate permit. See Order, page 11.- /t. Staff recommends that the appropriate well permit be i sued prior to final approval. See additional water information, pages /3 -' / . D. Soils/Sewer: The applicants propose to use individual sewage disposal systems (ISDS) for waste water disposal. According to the Soil Conservation Service, soils on-site are within the Tridell-Brownsto complex, generally deep soils that are well - to excessively well -drained. When used for building site development, the soils are considered to have severe constraints due to slope and the tendency for cutbanks to cave. Likewise, when used for ISD systems, the soils are considered to have severe constraints due to slope and the soil being a poor filter. Further compounding these problems is the underlying Eagle Valley Formation, which, given its chemical composition, is susceptible to solution, potentially creating sinkholes. For these reasons, staff recommends a plat note that requires engineered building foundations, grading plans and engineered septic systems. E. Access: Access to the parcels would be from a quasi -public right-of-way known as Harmony Lane, which provides access to County Road 102. Harmony Lane has been the subject of a significant amount of discussion regarding its public or private status, who is allowed to use the road, and under what terms. The Board will recall that preliminary plan approval of the Levitt Subdivision (aka Whitecloud Ridge) required the homeowner's association to pay its pro -rata share of maintenance costs for Harmony Lane, based on a formula developed by another entity. Staff suggests that the lots created by this exemption also be required to enter into a similar agreement, to the extent the County has authority. There exists an intervening strip of land between Harmony Lane and the applicant's tract, which is the subject of an executed and recorded 30 foot wide easement, which grants access to the subject tract. See easement, pages • � of the easement require that any utilities constructed withi theeasementstbes laced underground. Given this provision and a condition of approval of the Levitt Subdivision, staff suggests that as a condition of approval, all utilities be required to be placed underground. The easement carries the additional provision that the lots accessed by the easement shall not be further subdivided. Fire Protection: The Carbondale & Rural Fire Protection District has reviewed the proposal, commenting that the applicants develop adequate access for fire apparatus, and requests a total of $470 in impact fees ($235 per lot) be paid to the District prior to final approval. See letter page, Xy . Staff recommends the inclusion of the standard plat note addressing wildfire mitigation. G. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. • • H. School Impact Fees: The applicant would be required to pay the $200 school impact fee for the creation of the exemption parcel. 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 meetin2. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends a CONTINUANCE to allow the applicant time to demonstrate an adequate water supply and access to the proposed lots. 7 web 07' 15' 38W. (1/ 6735r•� 11 14 2) . '/ // � I 1 \fi„ if do I� 29 2211 1 all I al `\ as 18`)/J —ice_ -Fulis f `l\ (i 1 )1 C Hanpingt,l 131 n I -\� IBi-_O�(-- - Lake 07'30" ATTACH -MEN -1S . -relit q(1 11 PAI 107°00' R.86W. 11-4 17 Ia ' y I 1e 17 J� ;` IS3ec- <_' 1 to 13 1 - �\ to 1 f t. @,l AII+.•n :I The Eagle Net 1' I{. I �:<` I; U- `r> r OL4t7 1 l •f, f i 1 L,... -_..1-,.1t: ,,,,,,T___.,_,,-0'. 7l\\ 22 23 'c; �p 24 ( T(� Is 1 G',"; - B n,i '.(`M nn J / t �! J 'ri� \� \ `C'�--__L'').,...,15, •• 14 ,11 . v V I - + ' GJ + II I 9073 •' 1 2e • I S-170sn . r��-, ic1 `.1/ ,Q 11 ``� 1' i/, /;•`I. (----‘23 oon: Shoshone \ /. �Cc / L a C\ :7 1 I��r CISrdingl 2e z, IIJ , •,,, 1 '� 30 !! C.1.'0', to t\\_ 27 \ ze �/ 4s v11 �, / `�Z \ 0 8305 has.P 2s -? A ut/3 it 3'5 12 \) Gobbler /r. �. �.' �. r V I!p �; I OOO 8M 6O54 . , I edoz I ul aja° • = hC n 6 \, \be, n • + �/+ j / G4 ,� 1 1 35 \-\ A 1 3e O 3l I \� : ; � 0. I" // I 1 !ZZLY �' °ate 32 33 24 3, — 3a.• . //31 -, 32 A,. .133 11 J 34 /r/9 :i / as , c..3....' P l Vnrttiu'esl Q. ``�,4 G/ y 1 ( • C7 CR P(0-� , C,t FI RST Tunis' 1 O�r9r I D� fO •..�:' A1 �pta rYlioaamCar. i-- e�T y 1 ` I 15TANDARD ✓,1.' /' a PARALLEL D _��' 3 2 i - Bouidrr \ 1 - d I Ct �\` I C rizzly � �w� I 'Tunk j ��\—°I=. _ ,'3i,a� z ,re- <` r� :.mngl • 1 t\ oar n IJ r - �' — .jl % _ _ _ T 'I •/ 3�4,, l I it LJ.,t Tunk T I -j^ r 1 90\ I 9 J co 21 12,--\-;- \ / I'% I • 4 1 -� I / �"I' t� `\'--'/1 i i / 10 '90,59 11 - V. .I 'I �>_ ,-4.,....,/,,:.. �J/a 1 DRANO MESAS 1 11 �s +r • 5...2',.......--i. - /. 16 / ,.�/ _' 1 1e ^ ;, Cottonwood Pass 1� a Gv T 3 t8 Honn,ns c1 _\�'• tr ( ;`I .`,� 1r�( (� SI 3,4 tB1� r Sp" .. �_ = �� \"-:�- • `\ ,. Cu uuiirlutrdi' --` - r I 13 fe . 2 e -,. _ 9 :V Gut / = �� +- i18re /1 rw .ter Gt,�t 1 ...•�13L • t ai cae / I 111` --O_�K-�!�'L� , 19/ - Z� f.. „ / S rat, • r 4,111 rI Res :3 ., BUCK 1 Point I I �' p . r :9 ,' 1�y\ �� —Y_,, Y �— — — — r• Vdn Springs 1, w-:iRes .,1 if 28 ?ate = _ 4• 444;=•-• r'•'•• L 1 —y • ,\ 5OPR/5 • Cdtnenn4: • '62:7 i909 dMAN 1 �„ 1 .. • A - 2e I ,25 Zi . '2. ax_ -' 31 % 39 'r Fork 36 3- r \ ."••• ; • reC(7,0., 33h).('/ (ea5erne hr/ : ) oci p q((( F'r • L 1,-1111 5.33 A.± 5 — (Sec • - L 0 - , v1,17 •+ t• 0 .‘.."/ • r;. t-',•.1'1111 tnIJ SLA.) p-4 SKCTG14 HAP Lo33 5. 3Z c .41410* 410,1 „ ofi o IINOtt4404 r Iiitt,14, -,hoiffn if I tztoliviiwoforinf oto. 'I Pp fp Noy - FpU; t O:..`,'. t:. E;,w, •' `'Cit, ? D70 - .. — P. .ORDER GRATJTtNi'G APPLICATION FOR ALLOTMENT CONTRACT • STANLEY GLEN CONTRACT NO. 234 Application having been made by or on behalf of Stanley Glen and hearing Application having been duly held Ae attached Water , it's hereby ordered that said Application be granted on that Allotment Contract for .033 cubic feet of water per second from the District's direct flow rights and 1.4 acro feet per year of storage water the District is hereby approved and executed by and on behalf Of the Ba owned or controlled by District, for the beneficial use of the water alio salt Water Conservancy conditions and manner of payment as therein specified the attached upon the terms, conditions: the following specific 1. In the event of the division of the property served by this Contract or more parcels owned by different Association or other persons, the A into otwo er (2) entity acceptable Applicant shall establish a Homeowners under thea r t..ble to the District for the ongoing payment of charges due approved Contract follow1i z subdivision of the property described in the Application on fife with the District and the _Applicant shall givef the subject property of the r?bliza'ter notice to purchasers of all or any pan of tion of this Contract, and shall record of the C1eriT and Recorder of C7 -2z -field County,vrGt such notice S C the records sins shat: L^ Colorado. t s comply with 3I1 �ppli�=a.,t and his successors and District to i1 enforce ly wit ' ,' s and regulations now existing or hereafter oc r r rit of charges due under. ey sentadopted fu the '�n--_ of all or ary par of the real approved Contract b.- � A e,.l pro, •,ert,r.r sent and arsre property , se; ve under this Contract. 2. The Applicant shall provide the District proof that the proposed lend use of the land tobe.tte.by the water allotted hereunder hashen approved dthe applicable :arin4 jurisdiction over such land use.:ncludin_ evidence satisfactory to the District L:at each lot cr parcel to be .b� �ne:ltr zd hereunder is lcgalIy subdivided. By acceptance of this Contract, the date hereofor uc v 4 act, Applicant aclm�. ledges that s :: later ;fare as the D; ° �` gar within two years ��r ''Fater Curt of Water Divisiar. No. 5 , water District n:al' approve, the Applicant shall file r.� �the it : allotted hereunder at r~�e location and forthe r.u:lts pia:; of augmentation for utilization of watt: water allotment as provided ; �,; purposes hereinabove set forth or the applicant'; aur: pro�ide� in this Contact shall be included in a water rig nentatron to be ;ilea by the District with the expenses thereof to be shared hts plan of holders included in suchpian; Applicant's y the allotment in the District's I.,. �, ' ,�• �,....., provided that inclusion of the Applicant's by District plan `,r auzi:•...:tation shall be ar the District's sole discretion. may establish an au`:ne-,t:ti-�• The included within n plan fee to hepaid by ith�-1 a plan of 3t:a^ �•� ;, the holder of ��- Contract to be included advance ofw thei inclusion '1entat.cn to he tied h'. the District, which fee shall be payable in rclusion of such Contract in a District on the District's good faith estimate Alar' of au= -mentation andmayns,� : to of the anticipated ared expense ugbe tin.. I= such augrnentation plan fee paid h a Contract holder exceeds the Contract h acv. portion �?I' the actual c;;. � p augmentation. pen.C; incurred by the District in completiu�2 said plan of augmentation, g'a the District .shall refund such f•xcc�.s to the Contract • �. holder. �'K•r�rvraaow ,vr. FF .1 SC.. h., Gr, l L i!'J I Lk `c' ill 244Ei 4. Any and all condition imposed upon the release and diversion of water allotted /rider in any water rights plan of augmentation or other water rights decree of the Water ,art for Water Division No. 5 shall be incorporated herein as a condition of approval of this ,ntract. Granting of this allotment contract does not constittzt.e the District's representation that ne Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. • If Applicant intends to divert water through a \velI or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obIigated to deliver water for the benefit of Applicata hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the attached Contract described as $>~„SE ;a SWi i of Section 28, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorado. 7. The Appl`icant's property to be benefitted by the water allotted hereunder is located within an area in which the Applicant's diversion of water may require the augmentation of Blue Crek, The District has incurred extraordinary costs and expenses in connection with the acquisition of water r'cahts which enable thes t DI rTIG to aug:, ent Blue Creek.. Thcrerore, the annual contract fee. as well as the Applicant's share of expenses incurred by r.h District in connection with thc augmentation of Blue Creek, may be greater than such fees charged for Contract allottees in order portions of the District: provided that such fees char`ed to Applicant shall not be greater than the fees charged to other allottees sirr_ilarly situated in the area for which Flue Creel; augmentation is required. The District may establi;"h an at:at-rentation plan tee to be paid by the hoicer c -)f ar!' contract to be bene hby n a filed the District. whichfree.. a pian for aus ae :ion by qtrfee =hall be par'able within thirtti (30) days fulkwin'_` the District's statecient to thc Applicant and rnay be b;.1s.d or: the D th'iet's good faith estimate of the anticip atcc expense of such Alari of aur ;: ;i=ir:on_ If such au` r cnttion plan paid by a Contract holderexceeds the Contract :oi::-'s nr?rata portion of the actual ey_ e.es incurred by the District l:: corrpletir. said plan o. augmentation. the District shall refund such excess to the Contract holder. Attest: By: this i I day of )” , ----.�_ + C 1996. Barbara Mick - Secretan• 1 a r, Cr r •...r.-.�- BASALT WATER CONSERVANCY DISTRICT Bv: 1 • • ' . ...t "I orn Inc. PLANNING & REAL ESTATE .CONSULTING Oaf October 14, 1996 Eric McCafferty Garfield County Courthouse 109 Eighth Street Glenwood Springs, Colorado 81601 Re: Stanley Glen Subdivision Exemption Request Dear Eric: Enclosed with this letter is the physical water supplyor paper work documenting a legal and request. You wilrcall that the Stanley GlenGlen land Subdivisionapplication Exemption as tabled last year pending documentation of e watereesuppl was a legal supply. I have also enclosed a new list of owners of land within 200 feet of the subject property. Please schedule this land use request for the first avai agenda. lable Give me a call if you have any questions. Thanks alot. Sincerely, DA'I HORN INCORPORATED - � -- (f GLENN HORN AICP ALICE• /3 di. AICP 215 SOUTH MONARCH ST. • SUI E104 DAVISASPEN, COLORADO 81611 970/925-6587 7 FAX: 970/925-5180 orrice OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman }tenet, Koum t111-3 Denver, Calami() 110201 Thune 1.103) Uh0-.1')01 FAX 110)1 066-35J0 FITZHUGH SCOTT III 1555 SILVER KING DRIVE ASPEN CO 81611 Dear Tam; STATE OCOLODO August 21, 1996 RE: AMENDED CONDITION, PERMIT 40779-F Kuy Kornc.•r Covvrrinr James 5. Lrx.hhead Fxerurve liirulur I lel 0..Simpson Share en6incur In response to your letter dated August 15, 1996, I again reviewed the docreo and noted that the use inclur ed "irrigation Enclosed is a copy Antonldes Well User's Grou T Jr � of i�F e ; =erected permit for thep. leis is the owners' copy showing the use granted in the decree (permit condition of approval no. 4). Any copies of the well permit previously forwarded should be discarded. I apologize for this oversight. Per your letter, I have the following responses to questions 2 through 4: 2) As we discussed, and as is reiterated in Dwight Whitehead's May 9, 1996, fetter to Mid -Valley Land Company, use expanded beyond the uses in place on October 1 1977, are subject to administration, and will need to be augmented for any out of priority diversions. 3) Yes, exhibit A is attached to the file. Alf "Exhibits" referenced in well permit conditions are attached to the original file maintained in the Denver Office, Division of Water Resources, Records Section. Due to the volume of approved permits issued every year, copies of these exhibits are not forwarded with the copy of the approved permit. 4) The address indicated in the "APPLICANT" portion of an approved permit (in this case your address) is where the "OWNER"S COPY" is forwarded. For an existing well, the only other copy that would have been forwarded, was a copy to our division office. I have attached to the file the revised Exhibit A, with the updated address on it. If you have any other questions, please contact me at this office. Thank you for your cooperation and understanding, enclosures cc: Sincerely, Tama L. Cunningham Wat Supply Branch, South Region i1- Divtjcn 5 )discard previous copy) - ATTN. Dwight WD ?8, Joo Borquist, wr attGchments permit file • • ,h i l)/ IS 1996 EXHIB A, ,O;,Q 5 12iE,.s C- ,c,- U Ke.nMcMucllen, 2438 County Rd. 102, Carbondale, CO 81623 (1 HerteaH. aiic_Cloly>>)3,Nelkon, 0621 Davis Point, Silt, CO 81652 (eft -f) Anthony anct_CarolyLScheer, 0220 Sunset Lane, Carbondale, CO 81623 TerriRoaerl. 1140 Suset. Lane, Carbondale, CO 81623 X14&) 1-I1cn R. Scatef,i, Box 28244, El Jebel, CO 31628 Albe t and Denise Frink, 350 Buena Vista, Balboa,CA 92661 (1'eaf) Michael , a,�±t ?3 phs P.O. Box 345118, Coral Gables, FL 33114 (i' - ) itanIev Gler1, e'o Jeff Glen, Esq.y90.Broad Street. New York, N.Y. 10004 (3z rS) Ttte ? cc Th .vias �. ' r Zvi f: i1 'r Vi t, c/o 'Phomas W. Levitt, P.O. Box 0..'r 41474q, Kansas City, MO 64141 1• 11 Ude. ', I�w� ,a ar r S 15 ate tfe wr.c. gla,zco.cxi - /dr - ;'s bases: r . 5<re/T4 r4 �-r`' .7G.5 'APsrw,. 1 u0714 -- • • Davis Horn - PLANNING & REAL ESTATE CONSULTING June 11, 1997 Eric McCafferty Garfield County Courthouse 109 Eighth Street Glenwood Springs, Colorado 81601 AIN 1 2 1997 l © cooNlY Re: Stanley Glen Subdivision Exemption Request Dear Eric: Yesterday afternoon you suggested that I prepare one letter that summarizes my letters of June 6, June 9 and June 10. This letter responds to your request by combining all of m y previ correspondence in one letter which you may forward to the Boardous County Commissioners. The Glen Subdivision Exemption is scheduled to be considered by the Board of County Commissioners on June 17 at 3 PM. This letter addresses the outstanding issues. Water Supply The applicant has entered into an agreement with a purchaser to buy one of the Glen Subdivision Exemption lots. The is contingent upon approval of the Exemption by arfieldtract County. Closing is scheduled for the middle of July. The applicant commits to escrow $ 40,000.00 from the proceeds of the sale in an account acceptable to the County Attorney and Board of County Commissioners. The applicant agrees to withdraw from the account to pay for the improvements described in this letter. The escrow monies shall be used for water system and road improvements. The water system and road improvements are projected to cost $ 30,000.00, so the escrow account will include a $ 10,000.00 buffer to cover any cost overruns. The commits that the following upgrades to the Midvalley app # n2 Community Water System water system shall be made within 90 days of closing, however if the closing occurs during the winter the improvements will be completed prior to July 1 of the following summer: 1 • The water system will be upgraded by installing two water pumps at the well capable of pumping at least 30 gallons per minute (gpm). Two new pressure tanks will be ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 Eric McCafferty June 11, 1997 Page 2 installed and a new line will be installed from the storage tanks to the two new pressure tanks. A new four inch valve will be installed at the pump station to serve Tony Scheer. A meter shall also be installed to measure use of the water. The upgrades will be designed to serve the 12 properties which are entitled to use the well. Based upon estimates from Samuelson Pump Company these upgrades are projected to cost approximately $ 10,000.00. 2. Install a new four inch waterline from the well to the Glen Subdivision Exemption. The four inch line will be designed to accommodate the seven property owners who have a legal water right. The line upgrading is projected to cost $ 20,000.00. Additionally, the applicant makes the following commitments with respect to the water system improvements: 1. Tom Levitt, Herb Nelson, Ken McMechen and Tony Scheer the existing users of the water system will be notified 24 hours before the water is to be cut off for water system work. The installation will be completed 48 hours after the service is cut off. 2. After the water system improvements are completed the system will be disinfected and flushed. 3. The applicant will hire a Professional Engineer to supervise the work and certify that improvements have been made properly. 4. Prior to the issuance for a Exemption building development on the Glen Subdivision. n lots, for the Pofessional Engineer shall submitLa letter to the Garfield County Building and Planning Department certifying that the preceding water system improvements have been made. Road Maintenance Agreement The property owners who utilize Harmony Lane for access have entered in to a Road Maintenance Agreement which I have previously mailed to you. I have also provided you with an executed Memorandum of Agreement Regarding Harmony Lane which commits the three Glen lots to be a party to the original road maintenance agreement. Eric McCafferty June 11, 1997 Page 3 Additional Road Improvements There is a short section of quasi public roadway between Harmony Lane and the Glen property. This section of road will be torn up when the water line is installed. The applicant commits to restore and improve this section of road. After water line installation, the applicant will crown the road and pull a ditch to insure proper drainage. The work will be supervised by a Professional Engineer who will certify in a letter to Garfield County that the road work has been done correctly. Summary This letter has summarized the applicants commitments to upgrade the water system for the Midvalley Well # 2 and the status of the roads in the site vicinity. This letter should summarize my previous three letters to you. Please give me a call to discuss anything. Thanks a lot for you help during this lengthy land use review process. It looks like we may have finally completed everything. Sincerely, DAV HORN INCORPORATED GLENN HORN AICP cc: Herb Nelson • • Davis Horn'- PLANNING & REAL ESTATE CONSULTING June 10, 1997 Eric McCafferty Garfield County Courthouse 109 Eighth Street Glenwood Springs, Colorado 81601 Re: Stanley Glen Subdivision Exemption Request Dear Eric: Enclosed with this letter is a copy of the executed Memorandum of Agreement Regarding Harmony Lane. This Memorandum adds the applicant to the Harmony Lane Road Maintenance Agreement which I sent you last week. Please call me if any new issues come up. Thanks. Sincerely, DAVIS HORN INCORPORATED GLNN HORN AICP ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 MEMORANDUM OF AGREEMENT REGARDING HARMONY LANE THIS MEMORANDUM is made and effective this/sem GLEN. day of, 1997, by STANLEY RECITALS A. Glen is the owner of certain real property located in the SE1/4SE'/SW1/4 and the SW'/4SE1/4SW'/4, Section 28, T. 7 S., R. 87 W., of the 6th Principal Meridian, in Garfield County, Colorado (hereinafter the Glen Property). B. Glen presently has pending before the Board of County Commissioners of Garfield County an application for subdivision exemption which, upon approval, being divided into three (3) legally subdivided lots (hereinafter thee Glen Lots).result in the Glen Property C. The Glen Lots will utilize a road known as Harmony Lane for access. D. Some of the users of Harmony Lane have entered into a Road Maintenance Agreement dated June 6, 1996, which provides that the ongoing and future repair and maintenance costs of Harmony Lane will be shared by the parties as set forth in the Road Maintenance Agreement. A copy of the Road Maintenance Agreement is attached hereto as Exhibit A. E. Paragraph 5 of the Road Maintenance Agreement provides that Additional Users of Harmony Lane can become parties to the Road Maintenance Agreement by entering into a memorandum indicating their agreement to pay a proportionate share of the repair and maintenance costs of Harmony Lane. F. Glen desires that the owners of the three Glen Lots become Additional Users of Harmony Lane as defined in the Road Maintenance Agreement and that this document be and constitute the memorandum amending the Road Maintenance Agreement accordingly. NOW, THEREFORE, Glen, on behalf of himself, his heirs, successors and assigns, and in consideration of his ability to use Harmony Lane as access and the mutual undertakings set forth herein, agrees as follows: 1. From and after the date hereof, the owners of the three Glen Lots shall be authorized Additional Users ofHarmony Lane as defined in the Road Maintenance Agreement, shall be deemed to have agreed to all the terms and conditions of the Road Maintenance Agreement and shall be deemed to be parties thereto. The three Glen Lots will utilize all three sections of Harmony Lane as defined in the Road Maintenance Agreement. The owners of the Glen Lots will each pay a proportionate share of the costs of repair and maintenance of Harmony Lane. 2. From and after the date hereof, the following modifications to the below identified subparagraphs of paragraph 2 of the Road Maintenance Agreement shall be made and effective: a. Paragraph 2a of the Road Maintenance Agreement, relating to the shared costs of the North Section of Harmony Lane, shall be modified to increase the number of users of the North Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of ongoing and future repair and maintenance of the North Section will be divided equally and so allocated among all the users of the North Section under the Road Maintenance Agreement, as may be amended from time to time. b. Paragraph 2b of the Road Maintenance Agreement, relating to the shared costs of the Center Section of Harmony Lane, shall be modified to increase the number of users of the Center Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of ongoing and future repair and maintenance of the Center Section will be divided equally and so allocated among all the users of the Center Section under the Road Maintenance Agreement, as may be amended from time to time. c. Paragraph 2c of the Road Maintenance Agreement, relating to the shared costs of the South Section of Harmony Lane shall be modified to increase the number of users of the South Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of future repair and maintenance will be divided equally and so allocated among all the users of the South Section under the Road Maintenance Agreement, as may be amended from time to time. 3. The owners of the three Glen Lots shall appoint one of their number each year to participate with the Presidents of the Homeowners Associations whose members are also users of Harmony Lane to jointly determine that year's expected items of routine repair and maintenance of Harmony Lane and any allocations for emergency or extraordinary repair and maintenance to Harmony Lane, all as provided in the Road Maintenance Agreement. The owners of the three Glen Lots shall then pay their proportionate share of Harmony Lane repair and maintenance at the same time and in the same manner as the Homeowners Associations under the Road Maintenance Agreement, as amended. 4. The obligation upon the three Glen Lots to pay a proportionate share of the repair and maintenance costs of Harmony Lane as set out in the Road Maintenance Agreement, as amended, shall constitute a covenant running with each of the Glen Lots, and Glen, on behalf of himself, his heirs, successors and assigns, agrees to be bound by such obligation and to pay thc proportionate share of repair and maintenance costs that are assessed to each of said lots in accordance with the Road Maintenance Agreement, as amended. 5. Except as expressly modified hereby, the Road Maintenance Agreement remains in full force and effect. written. IN WITNESS WHEREOF, this Memorandum has been executed the day and year first above ST E 6 1N GLEN. ATTMCIYENT 2 MEMORANDUM OF AGREEMENT REGARDING HARMONY LANE THIS MEMORANDUM is made and effective this day of May, 1997, by STANLEY RECITALS A. Glen is the owner of certain real property located in the SE' SE'/<SW'/4 and the SWASE'/4SW'/4, Section 28, T. 7 S., R. 87 W., of the 6th Principal Meridian, in Garfield County, Colorado (hereinafter the Glen Property). B. Glen presently has pending before the Board of County Commissioners of Garfield County an application for subdivision exemption which, upon approval, will result in the Glen Property being divided into three (3) legally subdivided lots (hereinafter the Glen Lots). C. The Glen Lots will utilize a road known as Harmony Lane for access. D. Some of the users of Harmony Lane have entered into a Road Maintenance Agreement dated June 6, 1996, which provides that the ongoing and future repair and maintenance costs of Harmony Lane will be shared by the parties as set forth in the Road Maintenance Agreement. A copy of the Road Maintenance Agreement is attached hereto as Exhibit A. E. Paragraph 5 of the Road Maintenance Agreement provides that Additional Users of Harmony Lane can become parties to the Road Maintenance Agreement by entering into a memorandum indicating their agreement to pay a proportionate share of the repair and maintenance costs of Harmony Lane. F. Glen desires that the owners of the three Glen Lots become Additional Users of Harmony Lane as defined in the Road Maintenance Agreement and that this document be and constitute the memorandum amending the Road Maintenance Agreement accordingly. NOW, THEREFORE, Glen, on behalf of himself, his heirs, successors and assigns, and in consideration of his ability to use Harmony Lane as access and the mutual undertakings set forth herein, agrees as follows: 1. From and after the date hereof, the owners of the three Glen Lots shall be authorized Additional Users of Harmony Lane as defined in the Road Maintenance Agreement, shall be deemed to have agreed to all the terms and conditions of the Road Maintenance Agreement and shall be deemed to be parties thereto. The three Glen Lots will utilize all three sections of Harmony Lane as defined in the Road Maintenance Agreement. The owners of the Glen Lots will each pay a proportionate share of the costs of repair and maintenance of Harmony Lane. 2. From and after the date hereof, the following modifications to the below identified subparagraphs of paragraph 2 of the Road Maintenance Agreement shall be made and effective: • • a. Paragraph 2a of the Road Maintenance Agreement, relating to the shared costs of the North Section of Harmony Lane, shall be modified to increase the number of users of the North Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of ongoing and future repair and maintenance of the North Section will be divided equally and so allocated among all the users of the North Section under the Road Maintenance Agreement, as may be amended from time to time. b. Paragraph 2b of the Road Maintenance Agreement, relating to the shared costs of the Center Section of Harmony Lane, shall be modified to increase the number of users of the Center Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of ongoing and future repair and maintenance of the Center Section will be divided equally and so allocated among all the users of the Center Section under the Road Maintenance Agreement, as may be amended from time to time. c. Paragraph 2c of the Road Maintenance Agreement, relating to the shared costs of the South Section of Harmony Lane shall be modified to increase the number of users of the South Section of Harmony Lane by the three Glen Lots as provided herein, and the cost of future repair and maintenance will be divided equally and so allocated among all the users of the South Section under the Road Maintenance Agreement, as may be amended from time to time. 3. The owners of the three Glen Lots shall appoint one of their number each year to participate with the Presidents of the Homeowners Associations whose members are also users of Harmony Lane to jointly determine that year's expected items of routine repair and maintenance of Harmony Lane and any allocations for emergency or extraordinary repair and maintenance to Harmony Lane, all as provided in the Road Maintenance Agreement. The owners of the three Glen Lots shall then pay their proportionate share of Harmony Lane repair and maintenance at the same time and in the same manner as the Homeowners Associations under the Road Maintenance Agreement, as amended. 4. The obligation upon the three Glen Lots to pay a proportionate share of the repair and maintenance costs of Harmony Lane as set out in the Road Maintenance Agreement, as amended, shall constitute a covenant running with each of the Glen Lots, and Glen, on behalf of himself, his heirs, successors and assigns, agrees to be bound by such obligation and to pay the proportionate share of repair and maintenance costs that are assessed to each of said lots in accordance with the Road Maintenance Agreement, as amended. 5. Except as expressly modified hereby, the Road Maintenance Agreement remains in full force and effect. written. IN WITNESS WHEREOF, this Memorandum has been executed the day and year first above STANLEY GLEN Ig\Ievittlagree.27(May 19, 1997) • • GARFIELD COUNTY Building and Planning 21 April, 1997 Mr. Glenn Horn, AICP Davis Horn, Inc. 215 South Monarch, Suite 104 Aspen, CO 81611 RE: Glen Subdivision Exemption Dear Glenn: This letter is a reminder that the Board of County Commissioners granted a continuance to the public meeting in the aforementioned matter. The meeting has been continued to June 16, 1997, and will be held at 3:00 p.m., in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse. If you have any questions concerning this meeting, please do not hesitate to contact this office. Sincerely, Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 (970) 945-8212/285-7972 Glenwood Springs, CO 81601 • GARFIELD COUNTY Building and Planning 20 January, 1997 Mr. Glenn Horn, AICP Davis Horn, Inc. 215 South Monarch, Suite 104 Aspen, CO 81611 RE: Glen Subdivision Exemption Dear Glenn: Pursuant to your client's request, the Garfield County Board of Commissioners continued the public meeting to April 21, 1997. The meeting will be held at 3:00 p.m., in the Commissioner's Meeting Room, Suite 301, Garfield County Courthouse. If you have any questions concerning this meeting, please do not hesitate to contact this office. Sincerely, c: Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 ADDENDUM TO: Board of County Commissioners FROM: Eric McCafferty SUBJECT: Glen Subdivision Exemption DATE: December 4, 1996 The Board will recall that the Glen exemption petition was continued to allow the applicants time to explore the opportunity to become participants to a Road Maintenance Agreement for Harmony Lane, the quasi -public road providing access to County Road 102. Additionally, the Board requested the applicants attempt to reach an agreement regarding the shared well (Mid -Valley Well #2) that would be the water supply for the proposed lots. This agreement was suggested to reflect the degree the Glens would be responsible for physical upgrades and continued maintenance of the subject well. I have spoken with Glenn Hom, the applicant's agent, who represented that a resolution to the Road Maintenance Agreement is forthcoming and should be available by the time of the continued meeting in this matter. However, at this time, an agreement regarding the well does not appear to be forthcoming. Being a strong advocate of the "good neighbor policy" I support the Board in its attempt to foster such policy. At the time of the public meeting, the attached comments were provided to the Board by a neighbor, who requested they be considered and made conditions of approval/plat notes. Staff suggests these comments be discussed and, if found to be appropriate, be included in a conditional approval. The original staff report is attached to this addendum, in its entirety. GARFIELD COUNTY Building and Planning November 19, 1996 Mr. Glenn Horn, AICP Davis Horn, Inc. 215 South Monarch, #104 Aspen, CO 81611 RE: Glen Subdivision Exemption Dear Glenn, This letter is sent as a reminder that the Board of County Commissioners continued your client's request for an exemption from the definition of subdivision, to December 9, at 4:30 p.m. As you recall, the necessity for this continuance was to allow your clients time to explore the opportunity to enter into a Road Maintenance Agreement for Harmony Lane and a similar instrument for the Mid - Valley Well #2 (aka Antonides Well). It is my opinion that the Board would prefer to see a resolution to both agreements, prior to their continued discussion of this exemption petition. If you have any questions, please do no hesitate to contact this office. Sincerely, Eric D. McCafferty Garfield County Planner 109 8th Street. Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 • • GARFIELD COUNTY COMMISSIONER AGENDA April2l, 1997 10:05 Amended Plat - Aspen Glen - Filing 1, Lot D-7 Applicant: Aspen Glen Golf Company 10:10 Amended Plat - Dakota Meadows, Lots 21 & 22 Applicant: Chaffin/Light Associates 10:15 Amended Plat, Larsh Exemption Plat Applicant: Ed Larsh 2:00 Continued Public Hearing for Oak Meadows Filing for Water and Sewer System Applicant: Redstone Corporation 3:00 --3-30. Continued Public Meeting for a Subdivision Exemption, located in Missouri Heights, South of CR 102 Applicant: Stanley & Ethel Glen 4:00 Capital Improvements Plan Status Update Discussion of Four -Mile Road Template • Davis Hornj. PLANNING & REAL ESTATE CONSULTING October 2, 1997 Eric McCafferty Garfield County Courthouse Building & Planning Department 109 Eighth Street Glenwood Springs, Colorado 81601 Re: Stanley Glen Subdivision Exemption Request Dear Eric: ri,W7 c-7 Leh r OCT 0 1991 C =IELD COUNT Hand delivered with this letter are all the original singed documents for the Glen Subdivision exemption. 1. A bond for $ 45,000.00; 2. Durable power of Attorney; 3. Subdivision Improvements Agreement; 4. The Glen Subdivision Improvements Declaration; 5. September 18, 1997 letter from Bruce Lewis to Glenn Horn estimating the costs for all improvements. These are the original documents. Please be really careful not misplace the $ 45,000.00 bond. I am having Jeff Glen send the $ 200.00 check for the schools and the $ 470.00 check for the Fire Protection District. These will arrive in your office via Federal Express. How should we deal with the recording fees? I don't know how much they will be. Please call me if you have any questions. Thanks alot for your help. Sincerely, DA S N INCORPORATED GLENN HORN AICP ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 09-30-1997 02:47PM FROM P. CUMMINS, ESQ. TO 12124257581 P.02 SUBDIVISION IMPROVEMENTS AGREEMENT GLEN SUBDIVISION THIS AGREEMENT is made and entered into this day of 1997, by and between Jeffrey Glen, trustee under agreement dated July 28,'1977 for the benefit of the Stanley Glen Rev. Trust (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, the County granted conditional approval to the Glen Subdivision request for exemption from subdivision; and WHEREAS, the Owner is obligated to perform certain work as more fully set forth in the Glen Subdivision Improvements Declaration, attached hereto as Exhibit "A"; and . WHEREAS, the County is entitled to financial assurances pursuant to Paragraph 4 of the Glen Subdivision Improvements Declaration; and WHEREAS, the Owner is desirous of providing those financial assurances, NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: I . The Owner shall provide certification to the County from a professional engineer certifying that the value of the municipal bonds used to collateralize performance of the Owner' s obligations under the Glen Subdivision Improvements Declaration is sufficient for the proposed water system and road upgrades that the Owner is required to provide in accordance with the Glen Subdivision Improvements Declaration. 2. The Owner shall provide a power of attorney to the Garfield County Treasurer so as to ailowv the Garfield County Treasurer to sell the municipal bonds in the event the improvement obligations required in the Glen Subdivision Improvements Declaration are not completed by June 15, 1998. 3, The Garfield County Treasurer, upon notification by the Garfield County Board of Commissioners indicating non-compliance with the Glen Subdivision Improvements Declaration, shall be authorized to sell the bonds and turn the funds generated by said sale over to the Chairman of the Garfield County Board of County Commissioners who may, but is not obligated, to provide the upgrades and improvements set forth in the Glen Subdivision Improvements Declaration_ However, the funds are only to be used to provide the improvements set forth in the Glen Subdivision Improvement Declaration. GARFIELD COUNTY Building and Planning Department February 23, 1999 Richard Cummins 450 South Galena St. Suite 201 Aspen, CO 81611 RE: Glen Subdivision SIA Bond Dear Mr. Cummins: Enclosed is the Revenue Bond owned by Jeffery Glen, in the amount of $55,000. It is my understanding that this bond was used to secure the improvements to the Glen Subdivision Exemption. If this is incorrect, please notify this office and will make the necessary corrections. Sincerely, Mark L. Bean, Director Building & Planning Department 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 02-04-1999 08:30AM FROM R. CUMMINS, ESQ. Attorney at Law Also admitted in California and New York February 2, 1999 Don DeFord, Esq. Garfield County Attorney 109 Eighth Street Glenwood Springs CO 81601 TO 9457785 P.01 Suite 201 450 South Galena Street Aspen, Colorado 87617 Telephone: (970) 920-2370 Facsimile: (970) 920-2372 VIA FACSIMILE # 945-7785 Re: Glen Subdivision Dear Don: I kit a message the other day as regards a bond that had been posted in connection with the Subdivision Improvement Agreement for the Glen Subdivision. The terms and conditions of that Subdivision Improvement Agreement have been complied with and we are seeking a return of the bond which I believe was in the face amount of $45,000.00. I Will be out of the office until February 8, 1999, and would ask that you contact me and let me know the status as regards the bond. Very truly yours, CL*1-0-yr-e---"..\6, Richard Cummins TOTAL P.01 MEMORANDUM TO: Georgia Chamberlain, Garfield County Treasurer FROM: Eric McCaffe Tanning Department SUBJECT: Subdivision Improvements Agreement Security Stanley & Ethel Glen Exemption DATE: 3 November, 1997 Today, the Board of County Commissioners granted final approval to the aforementioned land use application. This approval was premised on compliance with a condition of approval whereby the applicant would make certain improvements to water supply and roads. These improvements are to be guaranteed by the escrow of certain funds upon the sale of one of the exemption lots (a purchase contract for one of these lots is scheduled to close early next week) and the attached, municipal bond. The municipal bond is the subject of a durable power of attorney wherein you may redeem the bond in the event the subdivision improvements are not made by the funds to be held in escrow. The durable power of attorney is a draft version, the final copy is with the Clerk and Recorder's Office awaiting recordation. I have also attached an analysis concerning the value of the bond, provided by Robert W. Baird, Incorporated. If you have any questions, please do not hesitate to contact me. Please sign where indicated to acknowledge that you are in receipt of the subject bond. I, Georgia Chamberlain, Garfield County Treasurer, acknowledge receipt of City of Gulf Breeze, Florida, Local Government Loan Program Floating Rate Demand Revenue Bond, Series 1985 B, Registered Number 0214. Georgia Chamberlain, Garfield County Treasurer 09-30-1997 12:40PM FROM R. CUMMINS, ESQ. TO • 12124257581 P.02 DURABLE POWER OF ATTORNEY I, Jeffrey Glen, trustee under an agreement dated July 28, '997 for the benefit of the Stanley Glen Rev. Trust, do hereby appoint Georgia Chamberlain, Garfield County Treasurer, as my attorney-in-fact to act in myname, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters to the extent that I am permitted by law to act through an agent: In the event that my attorney-in-fact, herein named, determines that improvements have not been made in accordance with the Subdivision Improvement Agreement, Glen Subdivision, and the Glen Subdivision Improvement Declaration, both of which are attached hereto, and that, such failure has not been cured within five (5) days of notice to declarant's attorney, .Richard Cummins, Esq., of Aspen, Colorado, then my attorney-in-fact shall have the power to sell a certain bond issued by the City of Gulfbreeze, Florida, Local Government Loan Program Floating Rate Demand Revenue Bond, Series 1985B, registered number 0214, in the faceamount of $45,000.00, the original of which has been lodged with my artorney-in-fact, and to apply the proceeds of such to make the improvements as called for in the attached documents, further to remit any surplus not required to carry out the aforementioned obligation. This Durable Power of Attorney shall not be affected by my subsequent disability or incompetence. To induce any third party to act hereunder, I hereby agree that any third party receiving 4 duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party, andI for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indeinnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. This Durable Power of Attorney may not be revoked by me without the consent of my attorney-in-fact appointed hereunder. 1997. IN WITNESS WHEREOF, I have hereunto signed my name day • it rustee eq -38-1997 12:41PM FROM R. CUMMINS, ESQ. TO 12124257581 P.O.; STATE OF ,C-L,I 4 COUNTY OF 44, ) ss ACKNOWLEDGMENT On the.3c day of .Ce -2 sem/' ; , 1997, before me personally came Jeffrey E. Glen to me known to be the individual described; in, and who executed the foregoing instrument, and he acknowledged to me that he exeSalted same. Witness my hand and seal: My Commission Expires: Notary public ELA NotaryPub c' StatelM of New Yo rk -4729622 Qualifiedin 30Nas au County Commission Expires May 31,19,40.j-7 TOTAL P.83 10-31-1997 03 09P FROM R. CUMMINS, ESQ. TO 9457785 P.01 0 Vi E R 1 H E E T FAX CONEIDENTTAI fTY NOTICE This facsimile transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender ch is protected by attorneyclient privilege. The information is intended only for the use of the individual or entity named below_ if you a not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone to arrange for the return of the documents. To: Don DeFord, Esq. Fax #: 945-7785 Siubject: Bond for Glen Subdivision 1iiate: October 31, 1997 Mages: 4 Pages including this cover sheet. COMMENTS um Attorney at Law 450 South Galena, Suite 201 Aspen, Colorado 81611 (970) 920-2310 - telephone (970) 920-2312 - facsimile 18-31-1997 83:89PM FROM R. CUMMINS, ESQ. t • i TO 9457785 P. 82 Robert W Baird & Co. IflCorporated Bard- Atimi mesIndo ylb New YorkSaxit a r�snq Pr' ' tf�anaex Member SIPC FACSIMILE COVERSHEET Dare: To: Company: Fax Number: From: Telephone: Comments: `i 7 di-CLS4,1 ete119,i/h.3 97, %aa dJis Oathsei RORERT W. BAIRD & CO. 11rCORPOP q►TED one Sarasota Tower Suite 06 Sarasota, FL 34236 Phone: 941-366-6603 • Fax: 1-941-366-6193 Total Number of Pages Including Cover Sheet cdtete,4 ect G1. EA) /gG CQNXi� AL: This facat use of the a condi OOf1ffde al information which zf , or med addressee- If you are not the intended recipient °�' also be legally Pn"dcgsd and which is intended of tc►e informationedadre mimed on this the t to udpient or their deli only fm the delivery facsimile please be advised far an by reiephaae at the number listed strictlyprohibited. Lf this f�Ccimile Iiq, been p copy, dissemina- tion, you. �crued in error, please oontacr � .9F ALL PACES ARE NOT RECEIVED, PLEASE CALL IMMEDIATELY, THANK YOlf, TO .d ETtFOZGeLGT 01 EGT9 59F TVG. J.OSbzitaS aNd 8A SI:6T L6.6F 100 OCT 10-31-1997 03:10PM FROM R. CUMMINS, ESQ. /2_X97 TUe 13:57 FAX • TO ER ALL VALUES AND LO <GO> dg32 mub i gl OMBERG FAIR VALUE F BREF 1N-8 (FL) GULFAC 5 JUSTED22/01/04 DATED: 9/01/95 L11E ` 103.3537 �F IR VALUEE(bp)0 VQ ELD = 4 . 442 LATIlitY eld to maturity} BPS tle shift 3mo 6no lyr 4/97 3.45 3.58 9457785 P.03 Muni E31=1/ Page 1 of 2 Y. 2 3nsd Revs (SECTOR 502) .37 .76 3.93 4.04 4.15 4526 4. 10 .44 4.68 20 OPTION VALUE 0.00 30 5.20 5.25 el➢..a11 clarets Zq reserved. . 000 �Q11 clarets p 1 po�� ''` oJ100410 N002 0000.2 000.2000 �L0040,•.272,220-7800 Mw �i1eyga.21 3.20 • i _� Coq- -j a--att,g,sfto 49.59#44 'ss .9s�s� pe '97 13:89 z1220E-6066i 01 2619 992 106 d1QSti? S SMS SAST:OT 1.6'4LJO PAGE_ 0133 lit 003 10-31-1997 03:10PM FROM R. CUMMINS, ESQ. ** ' mud luloi ** 10 28(97 TUR. 13:5' PAX ter 66 (GO) to Msg DES. MUNICIPAL. 6 LP BREEZE FLA REV OC GOVT LN -SEF 8-RMKT-9/1/95 ICCER: Gi1L.FAC CPN: 5 MATURING SEc3j TY IND' ' ... ION TYPE REVEN BONDS 11AT 11tITY TYPE NON -CALLABLE :bu ON TYPE AD.T CONV. TO FIXED LW-E./YIELD 0 ISSUE 100.000/ 4.999 ,OU ?ON FREQ. SEMI-ANNUAL LAX PROVISION FED TAX-EXEMPT ARM REGISTERED TO mMIMEMOMMMENIMMEM 9457785 P.04 4002 dg32 mubig3 Muni DES OND DESCRIPTION Page 1 of 2 CUSIP:402175GU(1) 12/Q1/2004 DATED: 12/30/1985 STATE: FL VO YS RATINGS Aaa AAA 2 OT Personal Notes ill R ' Re,uest for Documents TRADING INF s ' NATION ST SETTLE DATE XT SETTLEMENT DATE (T+3) LATER EST ACCRUAL DATE 1ST COUPON DATE ALE DATE 1 19 10/31/199 9/01/199 12/01/19 8/07/19 11 it Pdge for additional des information. lw;—"-�-.", �F .ta .....rb. F ew.tne, arai.Ooo• sf......,..tko-awp0 0�2o.,arsud.u.,- o'�ao°°r ow a,„..-..eo:-x0007 ° sagw.R"'".2:n7 tiggo 1111 C265 -468-r YfrkAi,...'c . 1 =0-°ct-s7 l2•Jy.� ct 2R '97 13:00 SYi'.1 PAGE. P1 2 TOTAL P.04 August 18, 1998 111111111111111111 1IJI 111111111111111111111111111111111 531948 09/10/1998 01:05P B1087 P916 M ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO 1111011101111111 11111111111111 11111111D IIIII 11111111 532864 09/28/1998 01:37P B1090 P397 M ALSDORF 2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO Attn:- Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Glen Subdivision Exemption - Final Release of Collateral Request HCE Project No. 97077.01 Dear Mark: I have summarized the following required Glen Subdivision Exemption improvements with the final amounts to be paid: Budget Previous Pere. Balance 1) Duplexed Pump Station & Well Upgrade $21,000 $12,600 100% $8,400 2) 4" Water Distribution Improvements $15,000 $14,250 100% $ 750 3) Road Improvements $ 4,000 $ 4,000 100% $ 0 TOTAL $30,850 $9,150 Based on periodic observations of the construction progress, the improvements listed in the above referenced Pay Request for the Subdivision have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion will in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of the collateral being held by the county for the completed construction. Please contact me if you have any questions or need additional information. Sincerely, HIGH C SJ;- RY ENGINEERING, INC. ruce D. Lewis, Project Engineer BDL/rjh cc: Jerome Meister Jeffery Glen 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 1111111111111111111111111111111111111111111111111111111 331947 09/10/1998 01:00P B1087 P915 M ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO ACKNOWLEDGMENT OF SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Jeffery Glen, trustee under agreement dated July 28, 1997 for the benefit of the Stanley Glen Rev. Trust (hereinafter "Owner, entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board") dated November 3, 1997, recorded in Book 1041, at Page 16 as Reception No. 515948 of the Garfield County records on November 4, 1997, for the improvements to the Glen Subdivision Exemption; and WHEREAS, the obligations of the Owner have been partially satisfied , as verified in attached statement from Bruce D. Lewis, P.E., High Country Engineering, Inc., dated August 18, 1998, that work identified in Attachment C of the Subdivision Improvements agreement have been partially completed and requested the release of $9,150.00. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the Glen Subdivision Exemption, and releases security in the amount of $9,150.00. STATE OF COLORADO COUNTY OF GARFIELD ) )ss By: Chairman //t, The fore oin instrument as acknowledged before me this dayof 19 q by Marian I. Smith, as Chairman of the Board of County Com issioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires At 4- 1111111111111111111111111111111111111111111111111111111 532864 09/28/1998 01.37P B1090 P396 M ALSDORF 1 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO G: field 'County CIerk 22 i ACKNOWLEDGMENT OF SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Jeffery Glen, trustee under agreement dated July 28, 1997 for the benefit of the Stanley Glen Rev. Trust (hereinafter "Owner, entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County,Colorado ") dated November 3, 1997, recorded in Book 1041, at Page 16 as eception oe 515948 of thedGarfield County records on November 4, 1997, for the improvements to the Glen Subdivision Exemption; and WHEREAS, the obligations of the Owner have been partially satisfied , as verified in attached statement from Bruce D. Lewis, P.E., High Country Engineering, Inc., dated August 18, 1998, that work identified in Attachment C of the Subdivision Improvements agreement have been partially completed and requested the release of $9,150.00. NOW THEREFORE, at the request of the Owner and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the Glen Subdivision Exemption, and releases security in the amount of $9,150.00. STATE OF COLORADO COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 19 , by Marian I. Smith, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires )ss By: Chairman Garfield County Clerk August 18, 1998 Attn: Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Glen Subdivision Exemption - Final Release of Collateral Request HCE Project No. 97077.01 Dear Mark: I have summarized the following required Glen Subdivision Exemption improvements with the final amounts to be paid: Budget Previous Perc. Balance 1) Duplexed Pump Station & Well Upgrade $21,000 $12,600 100% $8,400 2) 4" Water Distribution Improvements $15,000 $14,250 100% $ 750 3) Road Improvements $ 4,000 $ 4,000 100% $ 0 TOTAL $30,850 $9,150 Based on periodic observations of the construction progress, the improvements listed in the above referenced Pay Request for the Subdivision have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion will in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of the collateral being held by the county for the completed construction. Please contact me if you have any questions or need additional information. Sincerely, HIGH C RY ENGINEERING, INC. \```�f* �� i t►i'rr;1 ;� •. ruce D. Lewis, Project Engineer BDL/rjh cc: Jerome Meister Jeffery Glen 01( F;. c 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 ACKNOWLEDGMENT OF PARTIAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Jeffery Glen, trustee under agreement dated July 28, 1997 for the benefit of the Stanley Glen Rev. Trust (hereinafter "Owner, entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter "Board") dated November 3, 1997, recorded in Book 1041, at Page 16 as Reception No. 515948 of the Garfield County records on November 4, 1997, for the improvements to the Glen Subdivision Exemption; and WHEREAS, the obligations of the Owner have been partially satisfied , as verified in attached statement from Bruce D. Lewis, P.E., High Country Engineering, Inc., dated August 5, 1998, that work identified in Attachment C of the Subdivision Improvements agreement have been partially completed and requested the release of $30,850. NOW THEREFORE, at the request of the Owner and m consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered into by the Owner and the Board for the Glen Subdivision Exemption, and releases security in the amount of $30,850.00. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 19 , by Marian I. Smith, as Chairman of the Board of County Commissioners of Garfield County, Colorado. WITNESS my hand and official seal. My commission expires By: Chairman Garfield County Clerk August 5, 1998 Attn: Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 RE: Glen Subdivision Exemption - Phase I - Partial Release of Collateral Request HCE Project No. 97077.01 Dear Mark: I have summarized the following required Glen Subdivision Exemption improvements with estimated percent completion to date and the amount to be paid: 1) Duplexed Pump Station & Well Upgrade $21,000 60% $12,600 2) 4" Water Distribution Improvements $15,000 95% $14,250 3) Road improvements $ 4,000 100% $ 4,000 TOTAL $30,850 The road and 4" water distribution system improvements are complete except for a water pressure test. The pump station upgrade is partially complete and includes a new electric service line, breaker panel, pump control panel and well pump. The two boaster pumps and associated plumbing materials are on hand and will be installed in the very near future. Based on periodic observations of the construction in progress, the improvements listed in the above referenced Pay Request for the Subdivision have been completed in compliance with the Subdivision's Improvement Agreement, approved construction documents, and Garfield County Regulations. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of the collateral being held by the county for the completed construction. I will have Jeffery Glen send you a letter requesting that the County make the check out to High County Engineering, Inc., so that we can distribute the funds accordingly. Please contact me if you have any questions or need additional information. Sincerely, HLGH CO ewis, Project Engineer BDL/rjh cc: Jerome Meister GINEERING, INC. Jeffery Glen 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 111111 llll1111111 iiiiii IIIII 1III 111111 III 111111111 11IIIII51948 11/04/1997 01:43P 81041 P16 M ALSDOF 1 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO THE GLEN SUBDIVISION IMPROVEMENTS DECLARATION THIS Agreement is made and entered into this -3.u( day of J f_U 1997, between Jeffery Glen, trustee under agreement dated July 28, 1997 for the benefit of the Stanley Glen Rev. Trust hereinafter referred to as "Owner") and the BOARD OF COUNTY COMMISSIONERS of GARFIELD COUNTY, COLORADO (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Garfield County, Colorado, more particularly described in the Glen Subdivision Exemption Plan which is filed on even date hereof and the description of which is setforth in Exhibit A attached hereto and made a part hereof and WHEREAS, as a condition of approval of the Glen Subdivision Exemption, Owner wishes to enter in this Subdivision Improvements Agreement ("Agreement") with the County; and WHEREAS, the County has required and Owner has agreed to provide security or collateral sufficient in the judgement of the County to make reasonable provision for completion of certain public improvement required to be installed as part of the Subdivision as set forth in item 13 of Eric McCafferty's June 17th, 1997 letter to Glenn Horn (see Exhibit B attached hereto and made a part hereof; and WHEREAS, Owner has agreed to execute and deliver a security instrument(s) deemed acceptable by the County to the County to secure and guarantee its performance of this Agreement and has agreed to certain restrictions regarding the issuance of building permits and certificates of occupancy within the Subdivision, all as are hereinafter set forth below; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE FOLLOWING MUTUAL COVENANTS AND AGREEMENT, THE PARTIES HEREBY AGREE AS FOLLOWS: I. OWNER'S PERFORMANCE. A. Owner will cause to be constructed and installed the following improvements at its sole expense: 1. Water System. Owner agrees to upgrade, or guarantee upgrade of the Midvalley Well # 2 Community Water System. The water system upgrades will be made within 90 days of conveyance of the- first_ rpt iot_ in the_ Subdivision_ or if the conveyance occurs during the winter by July 1 of the following summer. Owner specifically agrees to make the following improvements to the water system which 1 1111111111111111111111111111HUHU III1111111111111 515948 11/04/1997 01:43P B1041 P17 M ALSDORF 2 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO are designed to serve the twelve (12) properties which are entitled to use of the well: a. Install two water pumps at the well capable of pumping at least 30 gallons per minute (gpm). b. Install two new pressure tanks. c. Install a new water line from the storage tanks to the two new pressure tanks. d. Install a new four inch valve at the pump station to serve Tony Scheer. e. Install a meter to measure use of the water. f. Install a new four inch waterline from the well to the Glen Subdivision Exemption. 2. Driveway. The Owner will crown and grade the driveway from the well to the Subdivision road and dig a drainage ditch to insure proper drainage. This work will be completed within three days after completion of the water line installation. 3. Supervision. All driveway and water system improvements will be supervised by a Professional Engineer ("Engineer") who will certify in a letter to Garfield County that the road work has been done correctly. 4. Laws. All improvements required herein and made by the Owner shall comply with all requirements of the Garfield County Zoning Code, Garfield County Subdivision Regulations, all laws of the United States, the State of Colorado, the County of Garfield and its various agencies and affected special districts as they relate to the Glen Subdivision Exemption. B. All improvements required herein shall be constructed prior to the issuance of a building permit for any structures to be located within the Glen Subdivision Exemption. C. In the event construction of the improvements required herein is not commenced within twelve (12) months of Final Plat Approval by the County, the County may require that the construction cost estimates for the improvements set forth and certified in Exhibit C hereto, be updated by Owner and, if required, that additional security for the completion of the same be provided by Owner. D. The Owner warrants and represents that all improvements required hereunder shall be in place no later than December 31, 1998. 2 1111111 11111 111111 111111 11111 1111111111III 11111 11111111 515948 11/04/1997 01:43P B1041 P18 M ALSDORF 3 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO II. COST OF IMPROVEMENTS. It is understood for purposes of this Agreement that the cost of all public improvements have been to date and will hereafter be at the sole cost and expense of the Owner. III. SECURITY FOR IMPROVEMENTS. A. In order to secure performance of the improvement obligations by the Owner, the Owner has agreed as follows: 1) Owner has delivered a certain bond issued by the City of Gulfbreeze, Florida in the principal amount of $ 45,000.00 (attached as Exhibit D), together with a Durable Power of Attorney in favor of the Garfield County Board of County Commissioners (attached as Exhibit E), these documents together providing security for the performance of the obligations of the Owner to install and complete the improvements set forth in this agreement; (2) Owner has also delivered a Subdivision Improvment Agreement, Glen Subdivision Exemption, authorizing the sale of the above referenced bond in the event of noncompliance by the Owner with the Glen Subdivision Improvements Declaration; (3) the Owner agrees to escrow with the Garfield County Treasurer the sum of $ 40,000.00, said escrow funds being made available from the Contract to Purchase Real Estate dated September 11, 1997, a copy of which is attached hereto as Exhibit F. B. Upon completion of construction of public improvements a certification of completion of public improvements shall be submitted to the County by a licensed or registered engineer. Such certification shall certify that the improvements listed therein have been constructed in accordance with the requirements of this Agreement and shall be stamped by said professional engineer. C. If the County determines that the improvements are not installed in compliance with the relevant specifications of this Declaration, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days from the date the County receives certification from the Owner that the improvements listed therein have been completed. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements listed within the certification shall be deemed accepted by the County and the County shall release all security. If a letter of potential deficiencies is furnished by the County, the County shall have thirty (30) days to complete its investigation and provide written confirmation of the deficiencies to the owner. If upon further investigation, the County finds that the improvements listed in the certification are acceptable, then the applicable security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the bond and/or other funds. The County may, at its 3 11111111111111111111111111111111111111 111 1111111111111 515948 11/04/1997 01:43P B1041 P19 M ALSDORF 4 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO sole option, permit the Owner to substitute other collateral acceptable to the County for the collateral originally given by the Owner to secure the completion of the improvements as provided herein. IV. INDEMNITY. A. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this agreement; provided, however, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County on Owner are improper or the cause of the injury asserted. B. The County shall be required to notify the Owner of receipt of a notice of a claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted- to require the Owner to - indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. V. SALE OF LOTS. No lot within the proposed subdivision that is the subject of this agreement shall be conveyed prior to recording of the Plat. VI. APPROVAL OF PLAT. The County agrees to the approval of the Plat subject to the terms and conditions of this Agreement and those conditions listed in Exhibit B attached hereto and made a part hereof. VII. ENFORCEMENT. A. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County and/or any purchaser of a lot within the Glen Subdivision Exemption shall have th authority to bring an action in the District Court of Garfield County, Colorado to compel enforcement of this agreement. In the event no action is commenced before issuance of the final certificate of completion of improvements and acceptance thereof by the County, any Purchaser's rights to commence an action shall thereafter be extinguished. B. As a remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision Exemption. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the subdivision until the following subdivisions 4 1 111111 11111 111111 111111 11111 111111111111111111 1111 1111 515948 11/04/1997 01:43P 81041 P20 M ALSDORF 5 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO improvements have been completed and, as provided herein, accepted by the County: 1. the Water System; and 2. driveway. VIII. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, the County shall have the ability to vacate the plat. IX. BINDING EFFECT. This agreement shall be a covenant running with the title each lot within the subdivision and the rights and obligations contained herein shall be binding upon an inure to the benefit the Owner, its successor and assigns. X. RECORDING. to as of Upon execution, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. XI. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. XII. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Garfield County: Board of County Commissioners c/o Garfield County Attorney 109 Eighth Street Glenwood Springs, Colorado 81601 Owner: Jeffery Glen, trustee under agreement dated July 28 1977 for the benefit of the Stanley Glen Rev. Trust Deforest & Duer 90 Broad Street New York, New York ENTERED INTO the day and year first above written. 5 1 111111 11111 111111 111111 11111 1111 111111 111 11111 1111 1111 515948 11/04/1997 01:43P B1041 P21 M ALSDORF 6 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Attest: STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss. OWNER: Jeff en-,.- T -. st T BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO by Chairperson The foregoing instrument was acknowle ged before me this 304 day of Ouhl-a , 1997, by ', �/ , as VV.) j under Agreement aaral July 28, 199/ for the b:- its of the Stanley Glen Rev. Trust. WITNESS my hand and official se My commission expires: LEILA KRIM Notary Public, State of New York No. 30-4729622 Qualified in Nassau Countyc� Commission Expires May 31,18 L STATE OF COLORADO COUNTY OF GARFIELD ss. 6 1111111 11111 111111 111111 11111 1111111111 111 11111 1111 1111 515948 11/04/1997 01:43P 81041 P22 M ALSDORF 7 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO The foregoing instrument was acknowledged before me this,___ day of 7)00 , 1997, by Manan s;n'H, , as Chairperson of the COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO. Glen.SIA WITNESS my hand and official seal. My commission expires: 0,;? o s hoz , 7 `Yrs NO/ary Public