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Home My WebLink About2.0 Staff ReportBOCC 11/18/96 12/9/96 1/20/97 4/21/97 6/16/97 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). H. 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%. , / 7- • • 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 20 . 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 would 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 be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, 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 Z Z . 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. 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 23-111 Staff recommends that the • • appropriate well permit be issued prior to final approval. See additional water information, pages Z5' Z . 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 2.9 - 33 Provisions of the easement require that any utilities constructed within the easement be placed 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. F. 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 fe s ($235 per lot) be paid to the District prior to final approval. See letter page, 3 . 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 Site Acquisition Fees: The applicant would be required to pay the $200 school impact fee for the creation of the exemption parcel. 49- SED-IJJTE' DIV 5 TEL:303-945-5665 Jun 16 97 13:05 No.005 P.01 DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the Mate Fngineer Department of Natural Resources 511r13 1.1.5 . I Iwy 6 & 24 P-0, Box 396 Glenwood Springs, CO R160? Phone (3031945-5665 FAX (3031945-8741 s STATE oficoLoRAoo Post -It'" Fax Note 7671 To ,'C /7-1r ! /,-,4 Co./Dept. phone i! 17" 4t.9`f.--- 7 7 8.r Date From Co as s► 4:7‘-L.J4 Phone tt7 S'� �r -s` Fax # May 9, 1996 Mid -Valley Land Company, an Arizona corporation c/o John Powers, President 13114 IIwy 82 Carbonda)e, CO 81623 Subject.: Administrative Review Far' Mid Valley Well No. 2 Wall Permit No. 25703) Per status review of: Mid Valley well No. 2 the following has been determined: 1) Mid Valley Wel.]. No. 2 is limited to the historic use which occurred prior. to Octono: 35, 3977. 2) The limit of historic use is two single family dwellings, light_ lawn and garden irrigation, non-commercial stock and poultry, and fire protection. Historic use i; limited to Parcel Identification Numbers: (Garfield County 4A 23 and Eagle County = 19) Roy It •r Governor lames 5. Loi.hlu.,rd 1 )(mot,VC Dtrt.'(.t,.i 1 tal 1). Sunln.uu State Engine(•, ( )rlyn 1. ngll t)rvicinn tntvvr, (Case No - W- 1159 AKA Anton i c31.,. a) b) c) 23-2391-284-00-074 23-2391-283-00-189 (non-commercial domestic animals ONLY) 19-2391-284-04-003 3) Any additional and expanded use not dated prior to October 1.5, 197'1 is not elicibl for compensatory storage releases from Green Mountain Reservoir, 4) All existing and proposed expanded uses not covered by compensatory storage release: must be augmented by replacing water: to the stream system to prevent injury to senior vested water rights. 5) At this time it is encouraged that a plan of augmentation he created in water Court to cover existing and proposed uses of claimants and parties having interest- in t.hc: Mid Valley Well No. 2. 1 hope this information is helpful regarding the Mid Valley Well No. 2 (Case No. W-17.59, AKA Antoni.des Wall Permit No. 25703). Feel free to contact me if you have any questions. Sincerely, Dwi-ht M. Whitehead cc Tata Scott Albert & Demise Prink Oriyn Bell Herbert & Carolyn Nelson Joe Bergyuist Anthony & Carolyn Scheer Larry Gepfert Stanley Glen Lave Fox Terri Rogers Tam Cunningham Kirk Scales Ken McMechen Michael & Susan Josephs Ludwig Kitsch Andy Lone & Linda Rafferty 'rhe 1993 Thomas W. Levitt Fatnily Trust, c/o Thomas Levitt John Stevenson, Director -VP (Mid Valley Land Co.) Walter Smith, vP (Mid Valley Land Co.) Carol Smith, Secretary -Treasurer ( Mid Valley Land Co.) dmw:\dwight\midval#2 SEO—WTR DIV 5 TEL:303-945-5665 Jun 16 97 13:06 No.005 P.02 DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Fngineer (Department of Natural Resources 50633 11.S. Hwy 6 & 24 P 0 ]. Row 396 C;lenwnod Springs, CO 81602 Phone (303) 945.5665 FAX (303) 945-11741 MEMORANDUM TO FROM! SUBJECT: STATE OF COLORADO May 22, 1.99E i!676r Rey Romer c:rwernor Lance S. It u lrh •dd 1 xecutive Uurr or I .J 1) Simpson Stan• 1 n(tinccr )rlyn 1. (;ell 1)16'.inn Lnginecr T2\M CUNNINGHAM, SOUTH REGION h DWIGI3T M. WHITI:IIF:AD, WATER COMMISSIONER (WELLS) STATUS OF hi 1 I) VALLEY WELL NO. 2, AKA ANTONIDES WELL PERMIT NO. 25'/03 1) AL this time it is still my belief that. the Mid Valley Well Nu. 2 and the AnLonic3C.6 Wcl) (Permit No. 26703) are the same well. Per extensive research and on site field inspections it a} -,I -,cots Lhc well was originally constructed under Permit Nu. 25703. A short time later ML. Iurtonides sold the majority of his property to five individuals which there later formed Mid Valley Land Company. Mid Valley Land Company then developed and split the property as Unit I development (Aspen Mesa Estates Subdivision) and held the remainder of. Lhe property in abeyance. Aspen Mesa Estates Subdivision is currently :serviced by Mid Valley Well No. ]. (AKA Aspen Mesa Well No. 1) , Aspen Mesa Estates Replacement well No. 2 and Aspen Mesa Well No. 3. The remainder of Ole property which was; held in abeyance wag :split in to larger parcel:; (approximately L acres in size) with thn intent to supply water from Mid Valley Well No. 2, Until recently (1989 Baily 1990's) the majority of the larger parcels remained vacant.. Prior thathistoric use c,1 the Mid Valley Well No. 2 was limited to 3 parcels (sec attached letter to Mid -Valley ',rind Company, an Arizona corporation dated 5/9/96) additionally see enclosed documents regarding history of Mid Valley Land. 2) Pei` administrative inview, our Division 5 Office is limiting the. M.ic3 Valley Well No. 2 to the historic use prior to October 15, 1977 (see attached letter to Mid -Valley Land Company, an Arizona corporation dated 5/9/96). 3) On May 9, 1996 a meeting was held to discuss the issues of Mid Valley Well No. 2. In attendance were Joe I-.eryquist, Tam Scott, Herb Nelson, Carolyn Nelson, Tony Scheer, Tom Levitt and myself. Per the meeting the following was determined! a) Mid valley Well No. 2 will he limited to the noted historic use. b) Ownership issues will be reviewed by property owners to address issues noted in your April 1(3, 1996 letter. c) A plant of augmentation will be filed in water court to cover existing and proposed expanded uses not covered by Green Mountain Reservoir. I hope this information i:; helpful in clearing up the issues for Mid Valley Well No. 2, AKA ANTONIDES WELL PERMIT NO. 2003. Thanks for your help on this project.. Feel free to contact me if you hove any questions regarding this matter.`. Orlyn Bell Dave Fox Joe >iergquist. Larry Gcpfc>.rt dmww:\clwight\midva] ft2. Lr. SE0-ILI,TR DIV 5 TEL :303-945-5555 Jun 16 97 13:06 No . 005 P.03 rc.1rm No. kir -I-IIA 'r- i nc o I HI c GDVUIIvttti GWS -25 COLORADO DIVIIIN OF WATER RESOURCES • 818 Contonnlal Bldg., 1313 Sherm,+n St., Donvor, Colorado 80203 • (303) 866-3581 APPLICANT EXST WELL PERT T NUMBER �• 17Q DIV. 5 CNTY. 23 WO 38 DES. BASIN MD Lot: Bock: Flung: .Subdiv: ANTONIDES WELL USERS GROUP % FITZHUGH SCOTT III 1555 SILVER KING DR ASPEN CO 81611- (970)925.1216 REGISTRATION PURSUANT TO A DECREE DECREED WELL LOCATION GARFIELD COUNTY NW 1/4 SE 1/4 Section 28 Twp 7S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES '3980 Ft. from North Section Line '2622 Et. from East Section Lino ISSUANCE OF THIS PEERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS or APPROVAL 1) This well shall be used in such a way as 10 cause no matorial injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shaft bo in compliance with tho Water Well Construction Rules 2 CQR 402.2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. } } Approved pursuant to C,R.S.37-92-304(8) for tho use of an existing well decreed In case no. W-1159, Division 5 Water Court. This well was doomed as Mid Valley Well No. 2 (aka Antonides Well). 4) Tho well was decreed for domestic use. Expansion of the historic use is anticipated to serve up to 12 single family residential taps. rho expanded use of this wort is well Is subject to administration by Uio Division Engineer in accordance with Applicable decrees, statutes, rules, and regulations_ 5) The avdrago annual amount of water diverted Is not speclfred In the decree. 6) Tho issuance of this permit cancels permit no. 25703. 7) The total depth of this well Is 250 feet, 8) The decreed pumping rate is 0.33 cts (150 gallons per minute). 9) A totalizing flow meter must be installed on the well and maintained In good working order, Permanent records of all diversions must be maintained by the well owners (recorded at least annually) and submitted to the Division Engineer upon request. 10) Tho owners shall mark tho well in a conspicuous place with well permit number(s), and court Case number(s) as appropriate. Theowners shalt take necessary means and precautions 10 preserve these markings. 'Che decreed location of this well Is described as follows: @ a point whence the N quarter comer of said Section 28 bears N. 00 degrees, 41 minutes, 30 seconds, 3984.75 feat. A list of the nine owners for the Antonides Well Users Group Is described In exhibit A attached to this permit file. Stam Enolner Receipt No. 0027865 r - ✓i 4{:,,; ,y AUGi Br DATE ISSUED AUG 1 2 +996 EXPIRATION DATE /A SE0-liLTR DIV 5 TEL :303-945-5665 • 'Tamara L. Cunningham Office of State Engineer 1313 Sherman St.. Room 818 Denver. CO 80203 Jun 16 97 •RECEIVED JUL 1 8 1996 !lFtiS -,dal `ITZf'ItJGH SCOTT III ATTORNEY AT LAW 1555 SILVER KING DRIVE, ASPEN, cCI.,CRADO 81611 Flt /FP < (970) 925-1216 .lulu 16. 1996 13:07 No.005 P.04 ltet Change of Ownership/RegistrAtion per decree for Mil) VALLEY WELL NO,2 (W-1159 & 25703) Dear Tam: Enclosed are copies Tony Scheer's Nlav 15th and July 9th letters to me re: revised list of owners of the .subject well. The May 15th questionnaire was sent to M1 known users/claimants as per the suggestion of Tom Levitt et al at our Nlav 9th meeting with Dwight and Joe. The July 9th letter contains the results of the survey/questionnaire; indicating that there are nine (9) existing; owners with a total of twelve (12) taps, as specified in the 1966 Antonides Water Agreement (one for everyone, c?teept for Olen and Levitt, which each have 3 and 2, respectively). Incidentally, I have asked around over the past year or so and gather that no one has ever seen a signed copy. Also Tom Levitt, who has reviewed this letter and the Scheer information, asked me to correct the name of the Levitt owner in the July 9th letter to be, as follows: THE 1993 THOMAS W. LEVITT FAMILY TRUST, which is the owner of 36 (not 60) acres in that neighborhood. It now seems clear that any questions re: owners of the well are resolved., therefore, it would be much appreciated if the you could finish your review and have the State Engineer complete the registration of the well per decree and process the change of ownership (GWS -11, the original version of which is herewith returned to you), along with an up -dated Exhibit A, also enclosed. Thanks for your help in this matter and feel free to call, if you have any other questions, Very truly yo s, enols Fitzhugh Scott 111 c /o enols: vr5wight Whitehead Tony Scheer Tom Levitt Oa,t,m m SEO—LLITR DI0 5 TEL :303-945-5655 Jun 16 97 13:07 No .005 P.05 • • .111ly 15 1996 I�1X)F �T_=r�1�.��,Q ��._ .w«ersl�iti(�M.irlVall�.v Well I4� 2-ak�1LLAlon dcs. V�'�lll n McMeche . 2438 County Rd. 102, Carbondale, CO 81623 H.1j.eilleilii,ADICAlavnaErlio, 0621 Davis Point, Silt, CO 81652 Anthony artd Cara yn , c;htr, 0220 Sunset Lane, Carbondale, CO 81623 Terri Rogers,.1140 Suset Lane, Carbondale, CO 81623 Helc .ca1s, Box 28244, El Jebel, CO 81628 g=land Deni1k;, 350 Buena Vista, Balboa,CA 92661 Michael R. andlidsn B. .10W)114, P.O. Box 345118, Coral Gables, FL 33114 Stanley Glen, clo Jeff Glen, Esq., 90 Broad Street, New York, N.Y. 10004 The 1993 Thomas W,.vitt Family Test, c/o Thomas W. Levitt, P.O. 13ox 414740, Kansas City, MO 64141 wntorlglanaca,cxa SEU-lkiTR DIV 5 TEL:303-945-5665 Jun 16 97 13:08 No.005 P.06 • • REPORT DATE 06/16/97 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APF DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 27865 / / / / 08/12/96 CD RC CD NP CD DIV CO FILE NUMBER WD SAS MD NAME 5 23 47019 F 38 00 00 ANTONTDES WELL USERS GROUP ADDRESS ADDRESS2 CITY ST t FITZHUGH SCOTT III 1555 SILVER KING DR ASPEN CO ZIP EXT PHONE Q10 Q40 Q160 SEC TWNSHP RANGE PM 81611 ( 970)925-1216 NW SE 28 7 S 87 W S CASE NUM USES DRLR PUMP INST COORDINATES W-1159 81 EXST N/S 3980 N E/W 2622 E LOT BLK FLG SUBDIVISION REPT -- WELL -- COMP REPT -- PUMP -- COMP / / DATE / / / / DATE / / COMMENTS ENG USER PER DECREE; UPTO 12 TAPS, SUBJ. TO ADMIN;CHG OWNERSHIP,9 OWNERS,EX A TLC SMJ NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / / / / / / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD EXPIRE DATE STATUTE ID ACRE IR QUAL 08/12/97 (3048) 00000 N N N AQUIFER (S) OWNER DESIGNER (1) GW (2) • i ADDENDUM TO: Board of County Commissioners FROM: Planning Department SUBJECT: Glen Subdivision Exemption DATE: 12 June, 1997 The Board will recall this petition has been continued to allow the petitioner sufficient time to address two issues; the proposed water supply and the road issue. To this end, the applicant's agent has assembled a methodology for procuring funds for required upgrades, as well as develop a mechanism to ensure their completion. This methodology proposes to escrow $40,000 at the time of sale of the first exemption parcel, which would then be utilized to secure the required improvements, much the same as security in a Subdivision Improvements Agreement (SIA). In fact, the applicant's agent has suggested a modified SIA that would accompany an exemption plat and be operated in the same manner. The following proposals are made: Water Supply: Upgrades to the water supply would include installation of two (2) pumps, capable of producing 30 gpm; two (2) pressure tanks; a new supply line between the pressure and storage tanks; new four (4) inch service line to the Scheer residence; and a new four (4) inch service line to accommodate the seven (7) individual rights in the well. Estimated cost of these upgrades is $30,000. See letter, pages y - G Harmony Lane: Installation of the new water service line would necessitate disturbance of Harmony Lane, which is proposed to be crowned and proper drainage provided, upon completion of the project. These improvements would be observed and certified complete by a Professional Engineer, prior to full release of all escrowed security. Additionally, the Glen exemption lots would be party to a Road Maintenance Agreement ery similar to the Agreement utilized for the Levitt Subdivision. See Agreements, pages Staffs Opinion: The history of this petition is unlike any other in recent memory. Finally, it appears that the applicant has reached accords with the neighboring landowners which demonstrate that required findings, in terms of provision of adequate infrastructure, can be made. While this exemption is extraordinary in the measures taken to secure the proposed improvements, staff suggests the following findings can be made: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. • • 3. 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. Staff recommends APPROVAL of the petition, pursuant to the following conditions: That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. Additionally, the applicant shall submit $470 in development impact fees to the Carbondale & Rural Fire Protection District, prior to final approval. 6. That, prior to the authorization of an exemption plat, the applicants receive an approved driveway permit, for the proposed access, from the Garfield County Road and Bridge Department. Prior to final approval, the appropriate well permit shall be issued by the Division of Water Resources. • • • : •, .. , -; _' -ts forth_asemente mete and 8. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 9. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 10. All utilities shall be placed underground. 11. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted. t • without the Garfield County Housing Authority's approval, the Housing Authority will place a qualified tenant, with a minimum six- (6) month's lease, from the existing waiting list. 4.14.08 Leave of Absence for Owners of an Affordable Housing Unit (1) Rental During a Leave of Absence If an owner of an affordable housing unit must leave Garfield County for a limited period of time, and desires to rent the unit during their absence, a leave of absence may be granted by the Garfield County Housing Authority for up to one (1) year upon clear and convincing evidence which shows a bona fide reason for leaving and a commitment to return to the Garfield area. A letter must be sent to the Garfield County Housing Authority, at least thirty (30) days prior to leaving, requesting permission to rent the unit during their leave of absence. Notice of such intent, and the ability to comment, shall be provided to any applicable homeowners' association at the time of request to the Garfield County Housing Authority. (2) Extension of a Leave of Absence The leave of absence shall be for one (1) year and may, at the discretion of the Garfield County Housing Authority, be extended for one (1) year; but in 110 event shall the leave exceed two (2) years. The unit may be rented in accordance with the Garfield County Housing Authority's Guidelines for qualification during the one- (1) or two- (2) year period, so long as the Deed Restriction covering the affordable housing unit permits the rental. (3) Establishing the Rental Rate In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established at the greater of the owner's cost, or the rent shall be established in accordance with the Affordable Housing Guidelines. The owner's cost, as used herein, includes the monthly mortgage principal and interest payment, plus condominium fees, plus utilities remaining m the owner's name, plus taxes and insurance prorated on a monthly basis, plus twenty ($20) dollars per month. (4) Covenants, Rules, and Regulations Prior to the Garfield County Housing Authority's qualification of the tenant, the tenant shall acknowledge, as part of the lease, that the tenant has received, read, and understands the homeowners' association covenants, rules, and regulations for the affordable housing unit and shall abide by them. Enforcement of the covenants, rules, and regulations shall be the responsibility of the homeowner's association. A copy of the executed lease shall be furnished by the owner or the tenant to the Garfield County Housing Authority and the homeowners' association. Additionally, an owner may request a one-time, in -county leave 56 • • 12. That the following plat notes be included: "Prior to issuance of a building permit, the owner shall prepare and submit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. "The individual lot owners shall be responsible for the control of noxious weeds." "One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "Garfield County shall not be obligated to issue building permits for the exemption lots depicted on this plat, until the water supply and roadway improvements have been completed and certified complete by a professional engineer." 13. A professional engineer shall certify that the escrowed funds are sufficient for the proposed water system and roadway upgrades. Further an instrument similar to a subdivision improvements agreement, known as a Subdivision Improvements Declaration (SID), shall be enacted at the time of approval of the exemption plat. The SID shall be in a form acceptable to the County Attorney and the escrowed security shall be in a form acceptable to the County Attorney. If these funds are deposited with the County Treasurer then, at the Treasurer's discretion, an account maintenance fee shall be collected from these funds. Releases of funds shall be preceded by certification of completion, prepared by a professional engineer. The SID shall acknowledge that neither the Board of County Commissioners nor Garfield County is required to complete the improvements in the event of default by the applicant. SE'Co-0- (-r lW u �� F C A N G s NS '1 /L. . 3 4. ar6/LA'Ot"' S £i -f,4, A✓ v2�'16C N o ✓ o "I) -' 114-1 Cb,N.0/ Jun,10-97 03:24P • • Davis Zorn PLANNING & REAL ESTATE CONSULTING June 6, 1997 Eric McCafferty Garfield County Courthouse 109 Eighth Street Glenwood Springs, Colorado 81601 Re: Stanley Glen Subdivision Exemption Request Dear Eric: P_02 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 contract is contingent upon approval of the Exemption by Garfield 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 Board of County Commissioners. 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 applicant commits that the following upgrades to the Midvalley well # 2 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: 1. Upgrade the water system pressure tank, booster pump and install a meter. Install a new four inch valve at the pump station to serve Tony Scheer. 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. ALICE DAVIS, MCP t GLENN HORN, AIGP 215 SOUTH MONARCH ST, • SUITE W4 • ASPEN, COLORADO 81611 • 970/925-65$7 • FAX; 970/925-5180 .4. Jun --10-97 03:24P Eric McCafferty June 10, 1997 Page 2 • • P.03 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 building permit for development on the Glen Subdivision Exemption lots, the Professional Engineer shall submit a 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 (see Attachment 1). Attachment 2 is a Memorandum of Agreement Regarding Harmony Lane which commits the three Glen lots to be a party to the original road maintenance agreement. 1 have sent the agreement to the applicant for a signature. I will forward a copy to you as soon as 1 receive the executed agreement. 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 Jun,10-97 03:24P • • Eric McCafferty June 10, 1997 Page 3 P.04 the water system for the Midvalley Well # 2 and the status of the roads in the site vicinity. I will provide you with an executed road agreement next week. 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, NCORPORATED cc: Herb Nelson Jun -X10-97 03:24P • • ROAD MAINTENANCE AGREEMENT THIS AGREEMENT entered into this 6 / day of June, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVTTT 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 arc 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 Ciarfield 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 ofHarmonyLane 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. HarmonyLane. 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 P. 05 Jun -1O-97 O3:24P P.O6 • • (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 H 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 52. 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; c. South Section shall mean the section of Harmony Lane of approximately 6 $6'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 fixture 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 Tots, 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, 3 lots in Joseph's Meadows Subdivision, 4 lots 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 1124th 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, Road Maintenance Agreement 6/6/96 Draft I'agc 2 • Jun -,10 — 97 03: 25P P. 07 • • 3. Method of Pavrnent 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 he 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. Road l hintcnancc Agreement 6/6/96 Droit Page 3 Jure -10-97 03:25P P.O3 • • 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 (ii) 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 ofHarrnony Lane execute and deliver to the parties hereto a memorandum indicating their agreetnent and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 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 Cormterparts. 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 Road Maintenance Agreement 6)6196 Draft Page 4 Junr.10-97 03:25P r,hu, Vu, Uu 4,40r Ai.) 0,00 L.%i\ l\ • \O RLL_'1 • P.09 ti UUJ original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall he sufficient as if ail original signature. f. Severahility_ If any term or provision of this A5r:eernent 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 W171v2SS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written_ t16196 Draft HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By President Road Meintcnnncc Agre menr Page 5 President Junc10-97 03:26P 0e O8/96 18:14 $97.15 9769 LARRY GREEN Ilk LEVITT original for all purposes. It is agreed and understood that the signatures o£the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Sevcrabitity. If any term or provision of this Agre nierrt 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 WITNES'S WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCLATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION President President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By President Road Maintmancx Agreement 6)6/96 Draft Pago P X008 Jun. -10-97 03:26P rsl}; I)t5/fits lei:3 11, iv 35 97UB LARRY t;REEK • P. 11 U08 original for all pin -poses. It is agret:d and understood that the signatures of tltc parties on a copy hereof trens7m.itted by facsimile shu91 be sufficient as if an original signature. f. S wrabiJity. If anyterm oc provision of this Ar-ezmeet 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. 616196 Drall Page 5 OMEOWNERS ASSOCIATION JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION fey nerPuio Red Mxintenanas Aerecment -/3- President President Jun --10-97 03:26P • • P. 12 FENDERLANE MAINTENANCE z HARMONY SCALE 1".--- 200' r; HARMONY VIEW FILING 1 CENTER LINE HARMONY VIEW FILING 1 ACCESS EASEMENT z r Q cc 0 x d W CENTER LINE HARMONY VIEW FILING 2 ACCESS EASEMENT HARMONY VIEW FILING 2 CENTER LINE WIND RIVER ROAD ACCESS EASEMENT Join—10-97 O3 : 27P GLEN. • • MEMORA.'. PUM OF AGREEMENT REGARDING HARMONY LANE P_13 X 1-> THIS MEMORANDUM is made and effective this/5 day of , 1997, by STANLEY RECITALS A. Glen is the owner of certain real property located in the SE'%SE'/,SW1/4 and the SW'ASE'/•SW'J,, 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). ti 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 k 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 ofthe 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 ofthe 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: • J!_int- 10-97 03:27P • • P.14 a. Paragraph 2a of the Road M,:»tenance 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 obliy:tion 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. S. Except as expressly modified hereby, the Road Maintenance Agreement remains in full force and effect. IN WITNESS WHEREOF, this Memorandum has been executed the day and year first above written. ST/61LEYGItN • • BOCC 11/18/96 12/9/96 1/20/97 4/21/97 6/16/97 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). H. 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%. • • 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 2.0 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 would eventually be developed into single family homesites. See sketch map, page 111. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created frorn any 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 by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" 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 Z Z . 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 AIR/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 25-2e/ Staff recommends that the • • appropriate well permit be issued prior to final approval. See additional water information, pages Zs' Z . 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 2.1 - 33. Provisions of the easement require that any utilities constructed within the easement be placed 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. F 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 fes ($235 per lot) be paid to the District prior to final approval. See letter page, 3 . 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 Site Acquisition Fees: The applicant would be required to pay the $200 school impact fee for the creation of the exemption parcel. 07715' 38W. • R.87W. 07'30" ATTACH'! 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L' A11�L/ 19i •/G'\ 1 8969 a186h-tee SW• ' \ .'3. - iel* CG�a' 24 "" 'o bnl, He ti30• " - O. r l a9 } Fork 30. 31 ' .. • 4 13 SPrinp Park Reservoir.. ' .7764 4- (' '.1/so I 6 i yam. J. • °F'- y 1) I`{a to I s7q _ I: 7 11 =_-tea JI . 8 ( .I . I ?� PO 1 25 331 Ci/JlT r • 1° El Jebelt !•\,It M7r SOPRI• S TREE NURSERY jLeo ti HpokS' 15 I 14 tF=�,� -1 --f i 1 U` 1 0.4-0--0,;--- ' 1 { I \ s t9-cT I /26. .1 I a? I,. wo 1 1 1 \► _I _, \I _ r 1 \'' -"moi Re yt ---. a/ 1 1 / (_ 27 I 30 I 29 r 1 M tent '- ,•• 2C I °l n 1..:U, L\-_ I--- - , Kellp j 36 L31Lake 32 =-i I 6 .F 8502 1 33 70c.o 22 •E rtl ma �Smmgr BASALT n= ` Basalt: « 7 - � — Turn kSr 8 evo..,., c3vOtc 33E3.6‘-/' (ea5erne 4,3C Lt5e ) FUdPJ po rrpl Yr 1 5.33 (';•Ec r co, ok" 1_ 4-1111 - CS'eC sw1,1 .2.6) • - t?'; • o- ,1•• • . • •• • 6,86.3T SK cito 14-649 33E3.4,3' Lot 33 5. Ac ( ,s" Lo L` -I\-1 1-v" til.- k$1 /)u-1ix: 1 "w,. )/v Iteeer rdn e'eleek.A. a1 Uet tl, 1y65 Page 246 Rocop n .._...3190.1...-. Cha5..._ S. Keegan Recorder. THIS DEED, . Mndo thio 5th dny of October in tho year of our Lord one thousand nine hundred and sixty-five between WILLIAM O. ANTONIDES of the County of Pitkin and State of FILING STAMP Colorado, of the first port, and STANLEY GLEN Stanley and Ethel .Glen Aspen Account of the County of Milwaukee and State of Colorndo, of the second pnrt: WITNESSErII,'fhnt tho nnid party of tho first part, for nnd in consideration of the sura of 'fen Dollars and other good and valuable consideration, INST,A1ts, to the said party of the first port in hnnd paid by the snid party of the second pnrt, tho receipt whereof in hereby confessed and acknowledged, has granted, bargained, mold and convoyed, and by those presents does grant, bargain, I sell, convey and confirm, unto the maid pnrty of the second pnrt, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in tho County of Garfield and State of Colorado, to -wit: The SIS SE;SW. of Section 20, Township 7 South, Range 07 West of the 8th P. M. , containing 10 acres, more or less; with all its appurtenances and warrants the title to the same, together with; (1) 'fhe right of access to and egress from the real properly described herein over and along the existing North-South road which is located at approximately the center line of said Section 20; and (2) The right to use, without charge, water from the well on grantor's adjoining real property to the East by tapping into grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shall share cost of operali•on and maintenance of the well proportionately accor'tllJ r [o their rs o (ecllve us -t -'C. TOGETHERTOGETHERwith all and 'singular the hercaitbnronts and appurtcrmnces thereto belonging, or In /anywise appertaining, and the reversion and reversion,, rornninder and remainders, rents, issues and profits thereof; mud nl1 the estate, right, title, interest, claire and demand wiintsoever of the sold pnrty of the first part, Dither iu haw or equity, of, in and to the above bargained premises, with tho hercdilnmcnts and nppurtennnce,. TO HAVE AND'1'0 1loll) the said premises abovo bnrgnined and described, with the appurlennnces, unto the said party of Use second part, his heirs and nssigns forever. And tho said party of the first part, for hiinoelf, lila hairs, execuh.rs, and ndnnninlrntorn, docs covennnt, grant, bnrgnin, and ngrre to and with t1,o nnid pnrly of tho srrond pont, Iris heirs and assigns, that nt. the limo of rho ennenling and delivery of these presents, lin is well ,eixed of tho premises above conveyed, ns of good, sure, perfect, absolute and indefensible estate of inheritance, in Inw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the Ennio in manner and form as aforesaid, and that the same aro free and eienr from nil former and other grants, bnrgnins, solos, lions, tuxes, soscnmmt:nts and encumbrances of whatever kind or nnturo sonver. and the above bargained pre:nines in the quiet and peaceable possession of the nnid pnrty of the eccond part, his heirs and assigns ngninst all and every person or persons Inwfully cininting or to clnirn tho whole or any pert thereni. the said party of lino first port sbnll and will WARRANT ANI) FOREVER DEFEND. The singular number shall include the plurnl, the plural the singular, and the use of any gender shall bo applicable to all genders. IN WITNESS 1V11E1tEOF, the said party of the first port los hereunto sot his hand and Beni tho day and year .'••first shove written. STATE OF COLOIIADO County of ��Tt"4.z, 0n. 'l'he foregoing instrument was ncknowledgod before me Uiis A. u. 1965 , by WILLIAM 0, ANTONIDES. My commission expires e x / S a'-‘'.:1-,e w titan 5 /I-4,7e7. ion d `s AL7 /')' - ' n [SEAL) %G�ll., �)..L;.,.tr (SEA LI J dny of October 10_4 . Witness any hand and official seal. ti 7 ' Hotorr I'ubllo. No, 11)2A. WA Inc AUTY 11111;U,—Par l'Iioleenphl• JLnrJ,-11r.dford-Ilobinnu, 1'Le, 00., 1024.10 illnul 111., Uvnver, Colorado d— j zicia 2:26,:.1 FROM .ORDER GRANTLti'G APPLICATION FOR ALLOTMENT CONTRACT • STANLEY GLEN CONTRACT NO, 284 Application having been made by or on behalf of Stanley Glen and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allomient Contract for .033 cubic feet of water per second from the District's direct flow rights and 1.4 acrc feet per year of storave water owned or controlled by the District is hereby approved and executed by and on behalf' Ot the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attac.hed Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligatio.^, of this Contract, and shad record such notice in the records of the Clerk- and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all res and regulations now existing or hereafter adopted by the DIstrict to enforce payment of charges due under the approved Contract by ^resent and future owners of all or any par of the real property served under this Contract. r 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allottedeunder her has been approved by the applicable gove.rnmer.tat author:nes ha' ins jurisdiction over such Iand use. including evidence satisfactory t-, re District _�,t:., t s that each lot or parcel to be benefitted hereunder is legally subdivided. . By acceptance. of this Contract, Applicant t ac. C �iil0 .i- ledge: that within two yearsofhereof or suc_t.. later date as the D1st;.ct Play approve, the Applicant shall file withto t ., `Vater Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at lice location grad for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to he flied v the District with the expenses thereof to be shared prorata by the Contras: holders included in such Plan, provides that inclusion of the Applicants water allotment in the District's plan of au=entarion shall be at the District's sole discretion. The District may establish an aU mer.t t:on plan fee to be paid by the holder of any Contract to be included within a plan of augn ienation to be :lied by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipared expense of such plan of augmentation. If such au2rnentation plan fee paid h a Contrac: holder exceeds the Contract holder':, prorata portion of the actual cN..pca:cs incurred by the District in cornpletiroa said plats of augmentation, the District .shall refund such r';ccess to the Contract holder. �'K e�+r)rriuo w:r,va FP:,Ll i i'.i i ER `�.-�i �,S 24d0 • 4. Any and all conditions imposed upon the release and diversion of water allotted ander in any water rights plan of augmentation or other water rights decree of the Water ,6rt for Water Division No. 5 shall be incorporated herein as a condition of approval of this ,ntract. Granting of this allotment contract does not constitute the District's representation that .he Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 5. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the attached Contract described as $E;S�;=SWI, of Section 2S, Township 7 South, Range 87 West of the 6th P.M., Garfield. County, Colorado. 7. The Applicant's property to be benefitted by the water allotted hereunder is located within ar. area in which the Applicant's diversion of water may require the augr nentation of Blue Cryek. The District has incurred extraordinary costs ar.d expenses in connection with the acquisition of water ricl^ts which enable the District to augur nt Blue Creek. Therefore. the annual contract fee. as well as the Applicant's share of expenses incurred by the District in connection with thc augrn entation of Blue Creek, may be :realer than such fees charged for contract allottees ir. ot`:er portions of the District: provided that such fees charged to Applicant shall not be `seater than the fees charmed to other allotrees similarly situated in the area for The District may establish an au,_n:entation plan which Blue Creek au_:r:e,.ntati.. �a .s required. paid contract t6: be benefitted by o aua nIe^.taco . fiiedby b . Zee to be h�' ti':e hoi`er ��' ar.�' Cont. a pisn f r � r the District. which fee shall be payable within thirty (30) days folioxing the District's state:: nt to thc Applicant and may be based on the District's good faith estimate of the anticipated �rtation plan ;::e paid by a Contract holder expense of such plan of a�dg^:er.r::ran. If such aug-ne plan r exceeds the Contract l:Gl'�::': ;'r_rat3 portion of the actual �e^ �-`� incurred by the District in . completir._ said plan augmentation. the District shall refund such excess to the CcnrraCt holder. Approved this r i day of 1 => ^ . r , 1496. Attest: By Barbara Mick - Secret.ar.' BASALT WATER CONSERVANCY DISTRICT BI,k:( L- t_ 6 , • • Davis PLANNING & REAL ESTATE CONSULTING 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 paper work documenting a legal and physical water supply for the Stanley Glen Subdivision Exemption request. You will recall that the Glen land use application was tabled last year pending documentation of a legal water 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 available agenda. Give me a call if you have any questions. Thanks alot. Sincerely, DAj7i''5n HORN 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 PAJI • STATE O COLOIKA o OFFICE OF THE STATE ENGINEER Division of Water Kesources Department u( Natural Resources 1313 Sherman )tenet, Room 010 Denver, Culur,ttlu (10201 I'lamc (.103) 0(0•.) >11I ) AX (-m11[11)6-3509 August 21, 1996 FITZHUGH SCOTT Ill 1556 SILVER KING DRIVE ASPEN CO 81611 RE: AMENDED CONDITION, PERMIT 40719-F Dear Tam; Roy Rorncr (.c(.,oveMnr Samos 5. lrx.hhvJd fxnnrtive Uuct(ur RI) 0. Simpr.on State tnt5inccr In response to your letter dated August 15, 1996, 1 again reviewed the decree and noted that the use included "irrigation". Enclosed is a copy of the corrected permit for the Anton(des Well User's Group. This 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: As we discussed, and as is reiterated in Dwight Whitehead's May 9, 1996, letter to Mid -Valley Land Company, use expanded beyond the uses in place on October 15, 1977, are subject to administration, and will need to be augmented for any out of priority diversions. 2) Yes, exhibit A is attached to the file. All "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, piease contact me at this office. Thank you for your cooperation and understanding, Sincerely, Tama L. Cunningham Wat• Supply Branch, South Region enclosureS cc: Division 5 (discard previous copy) - ATTN. Dwight .Z 60 WD 32, Joo eorquist, ✓;' attachments V permit file 1X • • Juk' 15 1996 11 1 9 . I,; W A,v�uib� 5 ,a=,c.�C. CIJ eS /3.! la) ,.Z.Mcc_M�chen, 2438 County Rd. 102, Carbondale, CO 81623 (1 \./C) Nerbe;_H. and CZIs:?Lett RWN 4n. 0621 Davis Point, Silt, CO 81652 (I ) CD .v , . t nr, 0220 Sunset Lane, Carbondale, CO 81623 0 :1 0 Terri Ro;ers, 1140 Suset Lane, Carbondale, CO 81623 (1 Scale, Box 28244, El Jebel, CO 8162g 14 ) Albezt and Denise frink, 350 Buena Vista, Bwboa,CA 92661 CI'e'�) 5 .:.0 Sus,(1411.3 Joseph, P.O. Box 345113, Coral Gables, FL 33114 (i' ) C,'o Jeff Glen, Escl,v90.Broad Street, New York, N.Y. 10004 (iS The , ec ;Tho , s `V Levitt Family TNit, clo 'r homas W. Levitt, P.O. Boy: 1 j 414 %4G, Kans..s City, MO 64141 wata'alrnseo,exi Gia\c4,.? 5 a.5 4 • 7 g. 5' 'G • 11 • &se.cl 077 ,--.5<n/s/74 rec i (G 4 1 (TN ... I V11„ GWC-26 APPLICANT (+ COLORADO DIVISION OF WATERHESOURCES U N ii‘V 818 Contnnntnl riid(j., 131:•rman Ct., Denver, Colorado 00203 (303) 800-3381 r\E's COPY EXS >' 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-121 G 1611- (970)926-1216 REGISTRATION PURSUANT TO A D1=CRE>= DECREED WELL LOCATION GARFIELD COUNTY NW 1/4 SE 1/4 Section 28 Twp 7 S RANGE 87 W 61h P.M, DISTANCES FROM SECTION LINES +30A0 Ft, from North Section Line `2622 Ft. from East Lection Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shalt te used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this wail snail be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has Peen granted by the State Soar° or Examiners of Water Weil Construction and Pump Installation Ccntrac:ors in accordance with Aute 18, 3) Approved pursuant to C.R.S.37.92.304(8) for the usa of an existing well decreed In case no. W-1159, Division 5 Water Court. This well was decreed as Mid Valley Well No. 2 (aka Antontdes Well). 4) The well was decreed for domestic and Irrigation use, Expansion of the historic use Is anticipated to serve up to 12 single fami;y residential taps. The expanded use of this well is well is subject to administration by the Division Engineer in accordance with Applicable decrees, atffiutes, rules, and regulations. 5) The average annual amount of water diverted Is not specified in the decree. 6) The Issuance cf this permit cancels permit no. 25703. 7) The total depth of this well Is 250 feet. 8) The decreed pumping rate is 0.33 eta (150 gallons per minute). 9) A totalizing flow meter must be installed on the well and maintained in good working orcer. Permanent records of aft diversions mut te maintained by the well owners (recorded at least annually) and submitted to the Division Engineer upon request, 10) '',le owners shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as app ropria'.a, The owners shall take necessary means and precautions to preserve these markings. The decreed location of this well Is described as follows; @ a point whence the N quarter corner of said Section 28 bears N. 00 degrees, 41 minutes, 30 seconds, 3984,75 feet. A list ct Ins nine owners for the AntOnides Well Users Group is C.1escribec in exhibit A attached to this permit file. APPROVED TLC Bute Engineer No. O027065 � 1 -ZS,- 0"/it"– AC 0—"s ((-1:71; By DATE ISSUED �Ur1. 2 190 EXPIRATION DATE • 1 -175762 B-934 P-888 03/21/95 03:31P PG 1 OF 6 REC DOC NOT `tILDIZFI) :1LSI)ORF GARFIELD COUNTY CLERK AND RECORDER 30.00 AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRAiNT OF EASEMENT is made this 25th day of January, 1995, by and between THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter Grantor) and STANLEY GLEN, whose legal address is 603 T onobcar Club RC ICI (hereinafter Grantee). Longboat Key, Florida 34228 RECITALS 1. Grantor is the owner of that certain real property located in Garfield County, Colorado, more particularly described on Exhibit A which is attached hereto and lllcorpor2ted herein by this reftrace (hereinafter Lcvitt 2. Grantee is the owner of two parcels of real property located in Garfield County, Colorado, which are contiguous to the Levitt Property. The two parcels of real property owned by Grantee are described as follows: i. SEt;4SE1/4SW1/4, Section 28. Township 7 South. Range 87 West of the 6th P.M. (hereinafter the Easterly Glen Parcel): and ii. SW1/4SE1/4SW1/4. Section '_S. Township 7 South, Ranee 87 West of the 6th P.M. (hereinafter the Westerly Glen Parcel). Hereinafter. the above described real property owned by Grantee will be referred to individually as the Easterly Glen Parcel or the Westerly Glen Parcel. as the case may be, or collectively as the Glen Property. �. Grantee desires to obtain an easement for certain limited purposes across the Levitt Property for the benefit of the Glen Property. and Grantor is willing to grant such an easement as defined herein and upon the terms and conditions set forth herein. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS. that for and in consideration of the sum of Ten Dollars. in hand paid, and in further consideration of the keeping and performance of the promises and covenants contained herein, the sufficiency of which are hereby acknowledged. Grantor does hereby sell. convey and quitclaim unto Grantee, his heirs. successors and assigns. a permanent easement on, along, over and across the following described premises. to -wit: yq- Return to: Lawrence R. Green De!ancv a L3alconth. i.c. P.O. Drawer '011 (;ienwoi`d Srnn_s. C( SL61 - 1 • 475762 B-934 P-889 03/21/95 03:31P PG 2 OF 6 Agreement and Grant of Easement Page 2 A 30 foot wide access easement situated in the SW1/4SW1/4SE1/4 of Section 28, T. 7 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at the S1/4 corner of said Section 28, a rebar and aluminum cap in place; thence N. 01°58'49" E. along the North-South centerline of said Section 28 (basis of bearing) a distance of 630.03 feet to the Northwest Corner of a parcel of land described in Book 416 at Page 401 of the Garfield County records, the True Point of Beginning: thence continuing along said centerline N. 01°58'49" E. a distance of 30.J0 feet; thence S. S'52 06' E. 133.87 teet to a point on the centerline of a road as constructed and in place: thence S. 04°22'42" E. 30.08 feet along said centerline: thence N. 89°52'06" W. 137.21 feet to the point of beginning. The permanent easement conveyed hereby shall be only for the following purposes: 1. For the construction. use and maintenance of a private ingress/egress roadway to the Glen Property. _. For the construction. installation. use and maintenance of utility lines for the benefit of the Glen Property. The permanent en sement convened hereby shall be forever subject to the following conditions: 3. The roadway shall be constructed, used. maintained and repaired by Grantee at his sole expense. Grantee shall at his expense and at all times keep said roadway in good, serviceable and safe condition. Grantee shall erect no fences along or across said roadway without the prior written cnnsent of Grantor. Grantee shall landscape the roadway with native material so as to minimize the visual impact of the roadway upon the Levitt property. 4. All utility lines placed within the easement shall be placed underground and shall be constructed, installed, used and maintained at the sole expense of Grantee. 5. Grantee shall at all times protect, indemnify and save harmless the Grantor from any and all claims, demands. judgments. costs, expenses, and all damage of every kind and nature, made, rendered or incurred by or on behalf of any person or entity whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or entity whatsoever. including, without limitation. the parties hereto and their officers, families, servants and employees, trustees and beneficiaries in any manner arising from or growing out of any act or omission of or by Grantee to properly construct, install. operate, use. maintain, replace or repair the easement herein granted. - 475762 B-934 P-890 03,21/95 03:31P PG 3 OF 6 • Agreement and Grant of Easement Page 3 6. It is the intention of the parties hereto that the easement conveyed hereby shall provide ingress/egress and utility line access to a maximum of three (3) single family dwellings. To further this intention, the parties agree: i. The Easterly Glen Parcel shall not be subdivided, resubdivided or otherwise split into more than two (2) parcels, each of which shall be allowed a maximum of one (1) single family dwelling, together with accessory uses as allowed by applicable provisions of the Garfield County Zoning Code. ii. The Westerly Glen Parcel shall not be subdivided, resubdivided, or otherwise split in any way and only one (1) single family dwelling shall be allowed thereon, together with accessory uses as allowed by applicable provisions of Garfield County Zoning Code. iii. Any dwelling to be constructed upon or any other use of the Glen Property shall observe all applicable Garfield County Zoning and Land Use Regulations. Tne easement granted hereby shall not be deemed to give Grantee exclusive possession of any part of the premises and Grantor shall have the right to make such continued use of the premises as is not inconsistent with the rights granted hereby. S. If any legal action or other proceeding is brought for the enforcement of this Agreement and Grant of Easement or because of an alleged dispute. breach. default or misrepresentation in connection with anv of the provisions of this Agreement and Grant of Easement. the prevailing parr, shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such part,' may be entitled. The covenants. stipulations and conditions of this grant of easement shall extend to and be binding upon the parties hereto. their heirs, administrators, executors, successors and assigns. TO HAVE AND TO HOLD the same. together with all and singular. the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right. title, interest and claim whatsoever of the said Grantor, whether in law or in equity, in and to the easement hereby granted, to the only proper use, benefit and behoof of the said Grantee, his heirs. successors and assigns. • • 475762 B-934 P-891 03/21/95 03:31P PG 4 OF 6 Agreement and Grant of Easement Page 4 IN WITNESS WHEREOF, Grantor has executed and delivered this grant of easement this 25th day of January, 1995. THE 1993 THOMAS W. LEVITT FAMILY TRUST By T mas W. Lev t, Trustee �,. John C. Davis, Trustee STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) The foregoing instrument was acknowledged before me this r! S day of January, 1995, by Thomas W. Levitt as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. My commission expires: Address: \'-\ S � S:-IARCN s -iA T iO :OTARY ?Uui iC STATE OF'�` -OUKI JAC:100N COUNTY r3R. 2,1998 NOTARY PUBLIC 475762 B-934 P-092 03/21/95 03:31P PG 5 OF 6 STATE OF MISSOURI COUNTY OF JACKSON ) ss. Agreement and Grant of Easement Page 5 The foregoing instrument was acknowledged before me this '),s day of January, 1995, by John C. Davis as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. My commission expires: r Address: -31`-F3 ‘) r ACCEPT.ANCF BY f RANTEE: ,, J STANLEY GLEN STATE OF COUNT" OF ) ss ) NOTARY PUBLIC Si-?!ARON S SHATro��li�I :0T.yMISSOURI RY PUBLIC STATE CF JACICsCN COUNTY MY Co't.i;.il ON EQ. APR. 2'.7,19'98 The foregoing instrument was acknowledged before me this 1995. by STANLEY GLEN. WITNESS my hand and official seal. NIv commission expires: Address: BRENDA C. DU BOIS My Comm Exp. 5/!3.'98 Bonded By Service !ns Nu Ci'. y.G,.,. .: 1 D. day of Januar', T� 7 NOTARY PUBLIC • 1 Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale, Colorado 81623 Phone (970) 963-2491 FAX (970) 963-0569 September 18, 1995 Eric McCafferty Garfield County Planner 109 Eiuhth Street, Suite 303 Glenwood Sprinus, CO 81601 RE: Stanley Glen Subdivision Exemption • I have reviewed the application for the Stanley Glen Subdivision Exemption and have visited the site. I have the following, comments reLzardinu tire protection. • Access to the lots appears to be adequate off of Harmony Lane. Any new roads or driveways should meet county road standards • Water supply t'or fire protection \\ould be provided with \eater carried on fire apparatus. Response time to the area is approximately 10 to 15 minutes with first response coming. from Station No 5 located on County Road 100 The District \\ ill require the pa\ment of development impact fees in the amount of S235 00 per lot. for a total of S470 00 as approved by the Garfield County Commissioners This payment is due prior to the recording_ of the final plat Please contact me if you have any questions Sincerely.' Bill Gavette Fire Marshal I 'Jl l„ JI 1 •L '.JI 1111._ -.J 1l'l 11 . I_1 vl_.1U Y 1— 11 GW0-25 COLORADO DIVISION OF WATER fiESOUNCES 918 Contnnnlnl 131du., 131;rirman OL, Donvar, Colorado 00203 (303) 800-3381 APPLICANT ES COPY EXST 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) 925-1218 REGISTRATION PURSUANT TO A DECREE 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 ''3900 Ft. from North Section Line *Z622 Ft. from East Section Eine ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL f) This well shall be used In such a way as to cause no material Injury to exlsting water rights. The Issuance of the permit does from seeking relief In a civil court action. nct assure the applicant that no Injury will occur to another vested water rigta or preclude another owner of a vested water right 2) The construction of this well shall qe In compliance with the Water Well Construction Rules 2 CCR 402-2, untass approval of a variance has been granted by the State Boars or Examiners of Water Weil Construction and Pump Instaiatlon Ccntrac:ors In accordance with Rule 18, 3) Approved pursuant 10 C.R.S.37.92.304(8) for the use of an existing well decreed In Casa no. W-1159, Division 5 Water Cour.. This well was decreed as Mid Valley Well No. 2 (aka Antonfdes Weil). 4) The ,veli was decreed for domestic and irrigation use, Expansion of the historic use Is anticipated to serve up to 12 single fami;y residential taps. The expanded use of this well is well is subject to administration by the Division Engineer in accordance with oppticadle decrees, Statutes, rules, and regulations. 5) The average annual amount of water diverted Is not specified in the decree. 5) 7 Tho docraod pumping tato is 0.33 cfa (160 gallons per minute). `.4) A totalizing tiow meter must be Installed cn the well and maintained in good working orcer. Permanent records of ail divers;c:;s must de maintained oy the well owners (recorded at least annually) and submitted to the Division Engineer upon request, 10) Me owners shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as appropriate. The owners shall take necessary means and precautions to preserve these markings. The Issuance of this permit cancels permit no. 25703. The total depth of this well Is 250 feet, The decreed location of this well is descriced as follows; Q a point whence the N quarter corner of said Section 28 bears N. 00 degrees, 41 minutes, 30 seconds, 3994.75 feet. A list ct tt19 nine owners for the Antonides Wail Users Group is described In exhibit A attached to this permit file. APPROVED TLC 4 91aLe Engineer -1� .;!c;t No, ()C27865 DATE ISSUED * 1. 7 1996 By EXPIRATION DATE r • • 175762 B-934 P-888 03/21/95 03:31P PG 1 OF 6 REC DOC NOT MILDR}ED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 30.00 AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT is made this 25th day of January, 1995, by and between THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter Grantor) and STANLEY GLEN, whose legal address is 603 T Qnsboat Club RoAd (hereinafter Grantee). Longboat Key, Florida 34228 RECITALS 1. Grantor is the owner of that certain real property located in Garfield County, Colorado, more particularly described on Exhibit A which is attached hereto and lncorcor% ted herein by this reference (hereinafter Lcvitt F_. ?. Grantee is the owner of two parcels of real property located in Garfield County, Colorado, which are contiguous to the Levitt Property. The two parcels of real property owned by Grantee are described as follows: i. SE1/4SEV4SWV4. Section 28. Township 7 South. Range 87 West of the 6th P.M. (hereinafter the Easterly Glen Parcel): and ii. SW'1/4SE1/4SW ,74, Section :S. Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Westerly Gien Parcel). Hereinafter. the above described real property owned by Grantee will be referred to individually as the Easterly Glen Parcel or the Westerly Glen Parcel. as the case may be. or collectively as the Gien Property. 3. Grantee desires to obtain an easement for certain limited purposes across the Levitt Property for the benefit of the Glen Property, and Grantor is willing to grant such an easement as defined herein and upon the terms and conditions set forth herein. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS. that for and in consideration of the sum of Ten Dollars. in hand paid, and in further consideration of the keeping and performance of the promises and covenants contained herein, the sufficiency of which are hereby acknowledged. Grantor does hereby sell. convey and quitclaim unto Grantee, his heirs. successors and assigns. a permanent easement on. along, over and across the following described premises. to -wit: -i7 Return to: (a«-rence R. Green Dc!aney Paicomh. P.C. P.O. Drawer -on (;ien rod �r'-n_ , (7(1 si;w2 • • 475762 B-934 P-889 03/21/95 03:31P PG 2 OF 6 Atreernent and Grant of Easement Page 2 A 30 foot wide access easement situated in the SW1/4SW1/4SE1/4 of Section 28, T. 7 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at the S1/4 corner of said Section 28, a rebar and aluminum cap in place; thence N. 01°58'49" E. along the North-South centerline of said Section 28 (basis of bearing) a distance of 630.03 feet to the Northwest Corner of a parcel of land described in Book 416 at Page 401 of the Garfield County records, the True Point of Beginning: thence continuing along said centerline N. 01°58'49" E. a distance of 30..30 feet; thence S. 8y'5 06" E. 133.87 feet to a point on the centerline of a road as constructed and in place: thence S. 04°22'42" E. 30.08 feet along said centerline: thence N. 89°52'06" W. 137.21 feet to the point of beginning. The permanent easement conveyed hereby shall be only for the following purposes: 1. For the construction. use and maintenance of a private ingress/egress roadway to the Glen Property. �. For the construction. installation. use and maintenance of utility lines for the benefit of the Glen Property. The permanent easement conveyed hereby shall be forever subject to the following conditions: 3. The roadway shall be constructed. used. maintained and repaired by Grantee at his sole expense. Grantee shall at his expense and at all times keep said roadway in good, serviceable and safe condition. Grantee shall erect no fences along or across said roadway without the prior written cnnsent of Grantor. Grantee shall landscape t1ie roadway with native material so as to minimize the visual impact of the roadway upon the Levitt property. 4. All utility lines placed within the easement shall be placed underground and shall be constructed, installed. used and maintained at the sole expense of Grantee. 5. Grantee shall at all times protect, indemnify and save harmless the Grantor from any and all claims. demands. judgments. costs, expenses, and all damage of every kind and nature, made. rendered or incurred by or on behalf of any person or entity whatsoever, in any manner due to or arising out of any injury to or death of any person. or damage to property of any person or entity whatsoever, including, without limitation. the parties hereto and their officers, families, servants and employees. trustees and beneficiaries in any manner arising from or growing out of any act or omission of or by Grantee to properly construct, install. operate. use, maintain. replace or repair the easement herein granted. - .fig • 475762 B-93:1 P-890 03,21/95 03:31P PG 3 OF 6 • • Agreement and Grant of Easement Page 3 6. It is the intention of the parties hereto that the easement conveyed hereby shall provide ingress/egress and utility line access to a maximum of three (3) single family dwellings. To further this intention, the parties agree: i. The Easterly Glen Parcel shall not be subdivided, resubdivided or otherwise split into more than two (2) parcels, each of which shall be allowed a maximum of one (1) single family dwelling, together with accessory uses as allowed by applicable provisions of the Garfield County Zoning Code. ii. The Westerly Glen Parcel shall not be subdivided, resubdivided, or otherwise split in any way and only one (1) single family dwelling shall be allowed thereon. together with accessory uses as allowed by applicable provisions of Garfield County Zoning Code. iii. Any dwelling to be constructed upon or any other use of the Glen Property shall observe all applicable Garfield County Zoning and Land Use Regulations. The easement granted hereby shall not be deemed to give Grantee exclusive possession of any part of the premises and Grantor shall have the right to make such continued use of the premises as is not inconsistent with the rights granted hereby. S. If any legal action or other proceeding is brought for the enforcement of this Agreement and Grant of Easement or because of an alleged dispute, breach. default or misrep:esentation in connection with anv of the provisions of this Agreement and Grant of Easement. the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. The covenants. stipulations and conditions of this grant of easement shall extend to and be binding upon the parties hereto, their heirs, administrators, executors, successors and assigns. TO HAVE AND TO HOLD the same. together with all and singular. the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or in equity, in and to the easement hereby granted, to the only proper use, benefit and behoof of the said Grantee, his heirs. successors and assigns. • • 475762 B-934 P-891 03/21/95 03:31P PG 4 OF 6 Agreement and Grant of Easement Page 4 IN WITNESS WHEREOF, Grantor has executed and delivered this grant of easement this 25th day of January, 1995. THE 1993 THOMAS W. LEVITT FAMILY TRUST /k??.14-, W. Lev' t, Trustee t, �_ By STATE OF MISSOURI ) ss. COUNTY OF JACKSON ) /`; John C. Davis, Trustee The foregoing instrument was acknowledged before me this S day of January, 1995, by Thomas W. Levitt as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. NOTARY PUBLIC N1v commission expires: Address: -2i�,a SHARON S SHA i O i :OTAR': ? l ti TC STATE. CF'sfiS-0137d 1ACI':2 N COUNTY 1988 `.0. -Ar ISSICN ET. ems. • • 475762 13-934 P-892 03/21/95 03:31P PG 5 OF 6 STATE OF MISSOURI COUNTY OF JACKSON ) ss. Agreement and Grant of Easement Page 5 The foregoing instrument was acknowledged before me this /1.5 day of January, 1995, by John C. Davis as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: Y -C. �-4SHARON s <<iATro /' :C/TA Y PUBLIC STATE OF MISSOURI i 7 JACI:SCN COUNTY BION 4,131R.27,1998 ACCEPTANCE. RY GRANTEE: � ` ./ Wit. '�> ��'' —/ , STANLEY GLEN STATE OF )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this G day of January. 1995. by STANLEY GLEN. WITNESS my hand and official seal. My commission expires: Address: BRENDA C. DU BOIS My Comm Exp. 5/11.:98 xc r.A,u ptraue 4 Bonded By Service !ns Nu OF f'• • NOTARY PUBLIC • • Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale, Colorado 81623 Phone (970) 963-2491 FAX (970) 963-0569 September 18, 1995 Eric McCafferty Garfield County Planner 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Stanley Glen Subdivision Exemption I have reviewed the application for the Stanley Glen Subdivision Exemption and have visited the site. I have the following comments regarding fire protection. • Access to the lots appears to be adequate off of Harmony Lane. Any new roads or driveways should meet count\ road standards. • Water supply for fire protection \ou1d be provided with ater carried on fire apparatus. • • Response time to the area is approximately 10 to 15 minutes with first response coming from Station No 5 located on County Road 100 The District will require the payment of development impact fees in the amount of S235 00 per lot. for a total of 5470 00 as approved by the Garfield County Commissioners This payment is due prior to the recording of the final plat Please contact me if you have am questions Sincerely. • Bill Guyette — Fire Marshal • • 475762 B-934 P-888 03/21/95 03:31P PG 1 OF 6 REC DOC NOT M I LDRED :1LSDORF GARF I EI D COUNTY CLERK AND RECORDER 30.00 AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT is made this 25 t day of January, 1995, by and between THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter Grantor) and STANLEY GLEN, whose legal address is 603 Longboat Club Rod (hereinafter Grantee). Longboat Key, Florida 34228 RECITALS 1. Grantor is the owner of that certain real property located in Garfield County, Colorado, more particularly described on Exhibit A which is attached hereto and incorporated herein by this reference (hereinafter Levitt- P iopeiiy). 2. Grantee is the owner of two parcels of real property located in Garfield County, Colorado, which are contiguous to the Levitt Property. The two parcels of real property owned by Grantee are described as follows: i. SE1/4SE1/4SW1/4, Section 28, Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Easterly Glen Parcel); and ii. SW1/4SE1/4SW1/4, Section 28, Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Westerly Glen Parcel). Hereinafter, the above described real property owned by Grantee will be referred to individually as the Easterly Glen Parcel or the Westerly Glen Parcel, as the case may be, or collectively as the Glen Property. 3. Grantee desires to obtain an easement for certain limited purposes across the Levitt Property for the benefit of the Glen Property, and Grantor is willing to grant such an easement as defined herein and upon the terms and conditions set forth herein. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of Ten Dollars, in hand paid, and in further consideration of the keeping and performance of the promises and covenants contained herein, the sufficiency of which are hereby acknowledged, Grantor does hereby sell, convey and quitclaim unto Grantee, his heirs, successors and assigns, a permanent easement on, along, over and across the following described premises, to -wit: Return to: Lawrence R. Green Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 • • 475762 B-934 P-889 03/21/95 03:31P PG 2 OF 6 Agreement and Grant of Easement Page 2 A 30 foot wide access easement situated in the SW1/4SW1/4SE1/4 of Section 28, T. 7 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at the S1/4 corner of said Section 28, a rebar and aluminum cap in place; thence N. 01°58'49" E. along the North-South centerline of said Section 28 (basis of bearing) a distance of 630.03 feet to the Northwest Comer of a parcel of land described in Book 416 at Page 401 of the Garfield County records, the True Point of Beginning; thence continuing along said centerline N. 01°58'49" E. a distance of 33.J0 feet; hence S. 89'52-06" E. 133.87 feet to a point on the centerline of a road as constructed and in place; thence S. 04°22'42" E. 30.08 feet along said centerline; thence N. 89°52'06" W. 137.21 feet to the point of beginning. The permanent easement conveyed hereby shall be only for the following purposes: 1. For the construction, use and maintenance of a private ingress/egress roadway to the Glen Property. 2. For the construction, installation, use and maintenance of utility lines for the benefit of the Glen Property. The permanent easement conveyed hereby shall be forever subject to the following conditions: 3. The roadway shall be constructed, used, maintained and repaired by Grantee at his sole expense. Grantee shall at his expense and at all times keep said roadway in good, serviceable and safe condition. Grantee shall erect no fences along or across said roadway without the prior written consent of Grantor. Grantee shall landscape the roadway with native material so as to minimize the visual impact of the roadway upon the Levitt property. 4. All utility lines placed within the easement shall be placed underground and shall be constructed, installed, used and maintained at the sole expense of Grantee. 5. Grantee shall at all times protect, indemnify and save harmless the Grantor from any and all claims, demands, judgments, costs, expenses, and all damage of every kind and nature, made, rendered or incurred by or on behalf of any person or entity whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or entity whatsoever, including, without limitation, the parties hereto and their officers, families, servants and employees, trustees and beneficiaries in any manner arising from or growing out of any act or omission of or by Grantee to properly construct, install, operate, use, maintain, replace or repair the easement herein granted. 411 111 475762 B-934 P-890 03/21/95 03:31P PG 3 OF 6 Agreement and Grant of Easement Page 3 6. It is the intention of the parties hereto that the easement conveyed hereby shall provide ingress/egress and utility line access to a maximum of three (3) single family dwellings. To further this intention, the parties agree: i. The Easterly Glen Parcel shall not be subdivided, resubdivided or otherwise split into more than two (2) parcels, each of which shall be allowed a maximum of one (1) single family dwelling, together with accessory uses as allowed by applicable provisions of the Garfield County Zoning Code. ii. The Westerly Glen Parcel shall not be subdivided, resubdivided, or otherwise split in any way and only one (1) single family dwelling shall be allowed thereon, together with accessory uses as allowed by applicable provisions of Garfield County Zoning Code. iii. Any dwelling to be constructed upon or any other use of the Glen Property shall observe all applicable Garfield County Zoning and Land Use Regulations. 7. The easement granted hereby shall not be deemed to give Grantee exclusive possession of any part of the premises and Grantor shall have the right to make such continued use of the premises as is not inconsistent with the rights granted hereby. 8. If any legal action or other proceeding is brought for the enforcement of this Agreement and Grant of Easement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement and Grant of Easement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. The covenants, stipulations and conditions of this grant of easement shall extend to and be binding upon the parties hereto, their heirs, administrators, executors, successors and assigns. TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or in equity, in and to the easement hereby granted, to the only proper use, benefit and behoof of the said Grantee, his heirs, successors and assigns. • • 475762 B-934 P-891 03/21/95 03:31P PG 4 OF 6 Agreement and Grant of Easement Page 4 IN WITNESS WHEREOF, Grantor has executed and delivered this grant of easement this 25th day of January, 1995. THE 1993 THOMAS W. LEVITT FAMILY TRUST By / '�-�m� , (C)// Thpmas W. Lev• t, Trustee STATE OF MISSOURI ) ss. COUNTY OF JACKSON c, ,a 1A,' John C. Davis, Trustee The foregoing instrument was acknowledged before me this S day of January, 1995, by Thomas W. Levitt as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: 3iyo S-Vo�� l�L )�5 k.L IpL SHARON S SHATTO IOTARY PUBLIC CQ SOURI JACKSON MY 0iv1iS1ON EXP. APR 27,1998 • • 475762 B-934 P-892 03/21/95 03:31P PG 5 OF 6 STATE OF MISSOURI ) ss. COUNTY OF JACKSON Agreement and Grant of Easement Page 5 The foregoing instrument was acknowledged before me this 'IS day of January, 1995, by John C. Davis as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. My commission expires: Address: 3 ►y� �� :� �� STATE OF COUNTY OF >jQitvvo... ) ss. NOTARY PUBLIC SHARON S SHATTO T IOTARY PUBLIC STATE OF MISSOURIJACKSON MY COIvIML` BION EXP. APR. 27,1998 The foregoing instrument was acknowledged before me this ,2 , day of January, 1995, by STANLEY GLEN. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: BRENDA C. DU BOIS - My Comm Exp. 5/14198 roc o Bonded By Service Ins o-� No GC37, OF f� 475762 B-934 P-893 01021/95 03:31P PG 6 OF 6 EXHIBIT A • A PARCEL OF LAND SITUATED IN THE SW1/4 SW1/4, THE Ni /2 SE1/4 SW1/4, THE W1/2 SW1/4 SE1/4 , THE NE1/4 SW1/4, AND IN THE NW1/4 SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR'S BRASS CAP FOUND IN PLACE; THEN N. 89°40'17"E. ALONG THE SOUTHERLY LINE OP SECTION 28, 997.11 FEET TO A REBAR & CAP IN PLACE, LS * 22580, THE TRUE POINT OF BEGINNING; THEN N.03°23'54"E. 1396.62 FEET TO AN EXISTING FENCELINE; THEN N.89°56'19"E. ALONG SAID FENCELINE 96.34 FEET; THEN S. 88°51'41"E. ALONG SAID FENCELINE 248.00 FEET TO THE NORTHWESTERLY LINE OF AN EXISTING 60 FOOT ROAD EASEMENT AS DESCRIBED IN RECEPTION NO. 394063 OF THE GARFIELD COUNTY RECORDS; THEN S.00°00'00"W. 15.65 FEET TO THE EAST -WEST CENTERLINE OF THE SW1/4 OF SECTION 28; THEN S.89°45'38"E. 28.99 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SECTION 28, A REBAR AND ALUMINUM CAP IN PLACE, LS * 22580; THEN CONTINUING ALONG SAID CENTERLINE S. 89°45'38"E. 1084.38 FEET TO A REBAR & CAP IN PLACE, LS * 22580, ; THEN N. 01 °51 '54"E , 435. 78 FEET TO A REBAR & CAP IN PLACE, LS 4 22580, ; THEN S . 89°45 ' 38 "E . 250.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID NE1/4 SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS * 22580; THEN S. 01°51 ' 54"W . ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 28, 435.78 FEET TO THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 28 (WHENCE A REBAR AND CAP, LS 2376 BEARS N. 37°10' 03"E . 1.28 FEET) ; THEN S. 89°45 ' 09"E . 105,05 FEET TO THE CENTERLINE OF A ROAD AS CONSTRUCTED AND IN PLACE, ALSO BEING A REBAR & CAP IN PLACE, LS * 22580; THEN CONTINUING ALONG SAID CENTERLINE THE FOLLOWING NINE (9) COURSES: 1) S. 01°14 '32"E. 280.88 FEET; 2) S. 02°01'43"W. 115.18 FEET; 3) S.00°39 '22"W. 148.53 FEET; 4) S.01°44 ' 39"E. 133.99 FEET; 5) S. 04 °28'45"E. 106.53 FEET; 6) 100.07 FEET ALONG 1718 ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1475.00 FEET, A CENTRAL ANGLE OF 03°53'14" (CHORD BEARS 5.06°25'22"E. 100.06 FEET); 7) S. 08°21'59"E. 67.98 FEET; 8) 95.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 126.84 FEET, A CENTRAL ANGLE OF 43°01'06" (CHORD BEARS S. 13°08'34"W. 93.01 FEET); 9) S. 38 °12 03"W . 18.82 FEET TO A REBAR & CAP IN PLACE, LS * 22580„ THEN S. 89°43128"W 30.74 FEET A REBAR & CAP IN PLACE, LS * 22580, ; THEN N. 01°52 '46"E . 329.19 FEET TO A REBAR & CAP IN PLACE, LS * 22580; THEN N. 89°58'09"W . 110.00 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 28, A REBAR & CAP IN PLACE, LS *` 22580; THEN N. 02°06'39"E. ALONG SAID CENTERLINE 49.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF THE SE1/4 SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS 1 22580; THEN S. 89°57 ' 05"W . ALONG SAID CENTERLINE 1353.02 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF THE SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS 0 22580; THEN S.03°23'54"W. ALONG SAID CENTERLINE 686.91 FEET TO THE WEST SIXTEENTH CORNER COMMON TO SECTIONS 28 AND 33, A REBAR & ALUMINUM CAP IN PLACE, LS 0 22580; THEN S.89°40'17"W. ALONG THE SOUTHERLY LINE OF SECTION 28, 374. 64 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 37. 847 ACRES, MORE OR LESS, FITZHUGH SCOTT III ATTORNEY AT LAW 1555 SILVER KIND ASPEN, C^- PHONE/FAX Septemb Eric D. McCafferty, Planner Garfield County Planning 109 8th St., Suite 303 Glenwood Springs, CO 81601 Re: Glen Subdivision Exemption water requirem Dear Eric: ►1995 '-ita rY Thanks for talking to me re: your concerns with the well permit re -applications. As mentioned, it seems to Glen Horn and me that the best looking option for the 10 acre parcel proposed for subdivision exemption (presently covered by Glen Well No. 1 permit, Reception No. 166099) would be to avail ourselves of two of the five Glen tap rights into the Antonides (community) Well. Apparently, the subject parcel(s) are adjacent to the existing well water line and Mr. Glen seems to have the right to tap into that line in order to get and use water from the community well. If this approach pans out, we would probably abandon our permit for the parcel, and simply stick with the other, Glen Well No. 2 permit for the other ten acre parcel, which is supposably much farther away from the main water well line. In any event, we would not be in violation of the permit (as mentioned in your letter to Jeff Deatherage) because the applicant would only use the well for one of the two subdivided five acre parcels; the other being served by tapping into the Antonides Well. Enclosed is a copy of the old Antonides Well Agreement, copies of Mr. Glens' deeds (giving him the right to tap into the main line, without charge), copy of Larry Mincer's legal review of the Antonides Well, dated 2/23/90 and the Garth-Grindlay letter of 2/25/76. We'Il be in touch as soon as we figure out the details re: tapping into the Antonides Well. cc: Jeff Deatherage encls. glenwel2lh Very truly yours, /04 Fitzhugh Scoft III FITZHUGH SCOTT IIIc? -L.,—-- `, tj ATTORNEY AT LAW r� 1555 SILVER KING DRIVE , V 2 5 19 ASPEN, COLORADO 81611 L.'•�___ PHONE/FAX (970) 925-1216 September 21, 1995 Eric D. McCafferty, Planner Garfield County Planning 109 8th St., Suite 303 Glenwood Springs, CO 81601 Re: Glen Subdivision Exemption water requirements Dear Eric: (3.AkFiFiELD Thanks for talking to me re: your concerns with the well permit re -applications. As mentioned, it seems to Glen Horn and me that the best looking option for the 10 acre parcel proposed for subdivision exemption (presently covered by Glen Well No. 1 permit, Reception No. 166099) would be to avail ourselves of two of the five Glen tap rights into the Antonides (community) Well. Apparently, the subject parcel(s) are adjacent to the existing well water line and Mr. Glen seems to have the right to tap into that line in order to get and use water from the community well. If this approach pans out, we would probably abandon our permit for the parcel, and simply stick with the other, Glen Well No. 2 permit for the other ten acre parcel, which is supposably much farther away from the main water well line. In any event, we would not be in violation of the permit (as mentioned in your letter to Jeff Deatherage) because the applicant would only use the well for one of the two subdivided five acre parcels; the other being served by tapping into the Antonides Well. Enclosed is a copy of the old Antonides Well Agreement, copies of Mr. Glens' deeds (giving him the right to tap into the main line, without charge), copy of Larry Mincer's legal review of the Antonides Well, dated 2/23/90 and the Garth-Grindlay letter of 2/25/76. We'll be in touch as soon as we figure out the details re: tapping into the Antonides Well. cc: Jeff Deatherage encls. &enwel2.°v Very truly yours, 'el G14 Fitzhugh Scott III