HomeMy WebLinkAbout1.0 ApplicationPRELIMINARY PLAN
ARNOLD MEADOWS
4-20-94
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ISOM & ASSOCIATES
Architecture Land Planning Project Management
19 April 1994
Mark Bean -Director
Garfield County Department of Development
Planning Division
109 8th Street, Suite 303
Glenwood Springs, CO 81601-3303
RE: PRELIMINARY PLAN APPLICATION FOR
ARNOLD MEADOWS -RESIDENTIAL
Dear Mark:
Submitted for your review are twenty copies of the Preliminary Plan for Arnold Meadows in
accordance with Section 4.00 of the Garfield County Subdivision Regulations.
Arnold Meadows is located one and one-quarter miles westerly of El Jebel and northerly of
Highway 82 west of the Eagle/Garfield County Line.
Arnold Meadows is comprised of 28.571 acres of land. One parcel of 19.071 acres has been
rezoned to R/G/UD and this plan provides for one duplex lot, 48 townhouse units, and
approximately 8 acres of common open space. The second parcel of 9.5 acres has been rezoned
R/L/SD and this plan proposes 14 single-family lots ranging from 20,000 square feet to 30,000
square feet.
Enclosed is the filing fee of:
Standard Fee = $675.00
Total Fee = $675.00
A check for $490.00 for the Colorado Geologic Survey is also enclosed. Water and sewer
facilities will be supplied by the Mid -Valley Metropolitan District.
Sincerely,
c.c.:Robert and Gloria Arnold
Don Byers
9326ppa
P.O. Box 9 Eagle, Colorado 81631
(303) 328-2388 FAX 328-6266
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1 ARNOLD MEADOWS - PRELIMINARY PLAN
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TABLE OF CONTENTS
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Page
1) INTRODUCTION 1
2) PROJECT LOCATION 1
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3) PROJECT OBJECTIVE 1
4) LAND USE 1
tAdditional Information
I A. Open Space 2
B. Phasing 2
C. Access 2
I D. Parking 2
E Geotechnical Reports 2
F. Radiation 2
I G. Title Commitment (Attachment K) 2
H. Survey 2
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Supplemental Information
A. Geology ( Attachment G) 3
1 B. Soils (Attachments F & G) 3
C. Vegetation (Attachment F) 3
D. Wildlife 3
IE. Drainage Plan 3
F. Utility Plan 3
IATTACHMENTS:
I A. Subdivision Application Form
B. Legal Description
C. List of Adjacent Property Owners
I D. Letter from Robert and Gloria Arnold
E. Letter from Mid -Valley Metropolitan District
F. Soils and Vegetation Report
1 G. Geologic and Soils Report
H. Preliminary Plan
I. Drainage Plan
1 J. Utility Plan
K. Title Commitment
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ARNOLD MEADOWS PRELIMINARY PLAN- Page 1
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1. INTRODUCTION
' Arnold Meadows is a residential area comprised of 28.571 acres of residential development west
P P
1 of El Jebel. The intent of the development is to provide 14 single family lots on approximately 9.5
acres and 50 multi -family units on 19.071 acres. The zoning is R/L/SD for the single family and
R/G/UD for the multi -family area.
2. PROJECT LOCATION
' Arnold Meadows is located approximately one and one-quarter miles westerly of El Jebel and
northerly of Highway 82 west of the Eagle/Garfield County Line. The project is in Section 33, T
7 S, R 87 W in the extreme eastern portion of Garfield County. The project is part of a 44+ acre
' parcel, the remainder of the parcel is located in Eagle County and is being developed through the
Eagle County system.
1 3. PROJECT OBJECTIVE
It is the intent of the developer to provide a quality residential environment by providing large
' building lots on the hillside, clustering multi -family in the meadows, dedicating approximately 8
acres of private open space, preserving the natural beauty of Blue Creek and supplying superior
views of snow capped mountains.
4. LAND USE
1 The parcel is presently zoned Residential/Limited/Surburban Density and
Residential/General/Urban Density. An applicaiton for similar zoning has been approved by
Eagle County for the remainder of the 44 acre parcel. The 28 acre parcel in Garfield County
would be developed as follows:
Use Number Area
' Single family lots 14 9.50 acres
Duplex 1 (2 units) 0.50 acres
Multi -family (Townhouse) 1 (48 units) 10.57 acres
' Private open -space tracts 8.00 acres
TOTAL 64 units 28.571 acres
In Eagle County: Single-family 9 16.4 acres
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ARNOLD MEADOWS- PRELIMINARY PLAN -Page 2
1 Additional Information to Accompany
the Preliminary Plan- Section 4.60
A. The private open space, as shown on the preliminary plan map, will be available for members
and guests of the Homeowners Association for hiking and fishing. It will also contain a pavilion,
1 tennis courts, and a pedestrian/bicycle path along Blue Creek. The private open space and
amenities will be owned and maintained by the Homeowners Association and will be shared by the
association members in both Eagle and Garfield Counties.
1 B. No phasing is anticipated.. The multi -family townhouses will be constructed in fall of 1994
and spring of 1995 and the single-family and duplex lots will be for sale.
C. All lots will have frontage and access to a dedicated public street. The townhouses will have
common ownership of walkways and parking areas and therefore have access to dedicated public
1 streets.
D. The total number of parking spaces for the townhouses is 128. The required number of
1 spaces is 120 or 2.5 per unit.
E. Geotechnical and aquatic reports are included.
1 F. There is no radiation hazard on site.
G. A title commitment is enclosed.
1 H. A section break -down was not necessary to determine the boundary of this subdivision.
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SUPPLEMENTAL INFORMATION -Page 3
A. GEOLOGY -
A geologic report, prepared and signed by a registered professional engineer from Chen and
Associates, is enclosed.
B. SOILS-
' A Soils and Vegetation Report, based on the National Cooperative Soil Survey, U.S.D.A., Soil
Conservation Service, as well as a site specific Soils Report prepared by Chen and Associates, are
included.
C. VEGETATION -
The types of vegetation are included in the U.S.D.A. report and shown on the map.
D. WILDLIFE -
There is very limited wildlife use or crossing of this parcel, however, dog control measures will be
incorporated into the protective covenants, including fencing as requested by the Division of
Wildlife. The lower area, where Blue Creek meanders, will be private open space and will remain
untouched, other than roads and walkways.
E. DRAINAGE PLAN-
A drainage plan, prepared by High Country Engineering, is enclosed and depicts:
A. Existing water courses.
B Limits of tributary areas.
C. Computations of expected flows.
D. Design of drainage facilities.
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F. UTILITY PLAN -
Sewer and water will be supplied by the Mid -Valley Metropolitan District. Letters of inclusion
and availability are in your files. Engineering plans are included and have been sent to Mid -Valley
for compliance.
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1 9326ppa2
PROPERTY DESCRIPTION
LOT 2B (ZONED R/G/IID)
SOUTHERLY PARCEL
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
S1/2NE1/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, 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:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 47°22'10" W 3300.72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY, THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 53°40'18" W ALONG
SAID NORTHERLY RIGHT-OF-WAY 91.02 FEET; THENCE CONTINUING ALONG
SAID NORTHERLY RIGHT-OF-WAY N 54°22'40" W 213.65 FEET; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF
15°27'09", A DISTANCE OF 799.59 FEET (CHORD BEARS N 63°29'53" W
797.17 FEET) To A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
N 01°28'48" E ALONG THE EASTERLY LINE OF SAID RECEPTION NO. 205501
792.44 FEET; THENCE LEAVING SAID EASTERLY LINE S 69°40'23" E 390.95
FEET; THENCE S 30°24'44" E 190.69 FEET; THENCE S 77°53'27" E 487.74
FEET TO A POINT ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE
S 00°00'20" W ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 17.483 ACRES, MORE OR
LESS
93097.01
JANUARY 14, 1994
TOTAL F.02
PROPERTY DESCRIPTION
LOT 2A (ZONED R/L/SD)
NORTHERLY PARCEL
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1/4SE1/4, THE
S1/2NE1/4 AND IN THE SE1/4NW1/4NE1/4 OF SECTION 33, 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:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A BRASS CAP
IN PLACE; THENCE N 47°22'10" W 3300.72 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT ALSO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE N 00°00'20" E
ALONG SAID EASTERLY LINE 923.68 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 77°53'27" W 487.74
FEET; THENCE N 30°24'44" W 190.69 FEET; THENCE N 69°40'23" W 390.95
FEET TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY DESCRIBED IN
RECEPTION NO. 205501 OF THE GARFIELD COUNTY CLERK AND RECORDER'S
OFFICE; THENCE N 01°28'48" E ALONG THE EASTERLY LINE OF SAID
RECEPTION NO. 205501 285.07 FEET; THENCE N 89°39'16" E ALONG THE
SOUTHERLY LINE OF SAID RECEPTION NO. 205501 932.74 FEET TO A POINT
ON THE EASTERLY LINE OF GARFIELD COUNTY; THENCE S 00°00'20" W ALONG
SAID EASTERLY LINE 693.18 FEET TO THE TRUE POINT OF BEGINNING; SAID
PARCEL CONTAINING 11.088 ACRES, MORE OR LESS.
93097 01
JANUARY 14, 1994
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Sketch Plan
Preliminary Plan x
Final Plat
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SUBDIVISION APPLICATION FORM
SUBDIVISION NAME: Arnold Meadows
OWNER: Robert and Gloria Arnold, 2542 Emma Road, Basalt, CO 81621 927-3280
ENGINEER/PLANNER/SURVEYOR:
Isom d Associates, Box 9, Eagle, CO 31631 328-2388
LOCATION: Section 33 Township T7S Range R87W
WATER SOURCE: Mid -Valley Metropolitan District
SEWAGE DISPOSAL METHOD: Mid -Valley Metropolitan District
PUBLIC ACCESS VIA:
Highway 82 and County internal street
EXISTING ZONING:
R/L/SD and R/G/UD
EASEMENTS: Utility AS_ shown onpreliminary plan
Ditch Shown on site plan
TOTAL DEVELOPMENT AREA:
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Residential Number Acres
Single Famiy 14 9.5
Duplex 1 0.5
Multi -family 48 10.571
Mobile Home 0 0
Commercial
Industrial
Public/Quasi-Public
Open Space/Common Area
Floor Area Acres
0 sq.ft. 0
0 sq.ft. 0
8.00
TOTAL: 28.571
PARKING SPACES:
Residential 2-5 per unit
Commercial 0
Industrial 0
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2391-332-00-027
2391-334-00-009
2391-334-00-009
(9326APOG)
ARNOLD MEADOWS
ADJACENT PROPERTY OWNERS
TO GARFIELD COUNTY PROPERTY
PUBLIC SERVICE
P.O. BOX 840, SUITE 400
DENVER, CO 80201-0840
VANTEX
1825 MOCKINGBIRD LANE
DALLAS, TX 75235
MID VALLEY METROPOLITAN DISTRICT
2542 EMMA ROAD
BASALT, CO 81621
JOSEPH E. JR & LINDA B. EDWARDS
201 NORTH MILL ST., SUITE 201
ASPEN, CO 81611
RICHARD & TERRY CERISE
17072 HIGHWAY 82
CARBONDALE, CO 81623
ALPINE ANIMAL HOSPITAL
17776 HIGHWQY 82
CARBONDALE, CO 81623
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SOILS AND VEGETATION REPORT
Reproduced from the National Cooperative Soil Survey, U.S. D.A., Soil
Conservation Service dated May 1992.
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Aspen -Gypsum Area, Colorado 23
13—Atencio-Azeltine complex, 3 to 6 percent
Ib0pes. This map unit is on alluvial fans and terraces.
henative vegetation is mainly grasses and shrubs.
Elevation is 5,900 to 6,500 feet. The average annual
precipitation is 15 to 18 inches, the average annual air
‚emperature
is 44 to 46 degrees F, and the average
rost-free period is 105 to 120 days.
This unit is about 60 percent Atencio sandy loam and
30 percent Azeltine gravelly sandy loam.
III . Included in this unit are small areas of soils that are
similar to the Atencio and Azeltine soils but are finer
textured. Also included are small areas of gravel bars.
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Included areas make up about 10 percent of the total
acreage.
The Atencio soil is deep and well drained. It formed
In
m ly m sand
shale.alluviuTypicallyderived, et surface layer frois reddish sandgraytone sandy
loam about 6 inches thick. The next layer is sandy loam
I, bout 4 inches thick. The subsoil is about 10 inches of
;dandy clay loam over about 4 inches of gravelly sandy
oam. The upper 6 inches of the substratum is gravelly
sandy loam. The lower part to a depth of 60 inches is
'very gravelly sand. The soil is noncalcareous to a depth
ir
of 20 inches and calcareous below that depth. In some
areas the surface layer is gravelly or cobbly.
Permeability is moderate to a depth of 30 inches in
he Atencio soil and rapid below this depth. Available
water capacity is low. The effective rooting depth is 60
Inches
or more. Runoff is slow, and the hazard of water
erosion is slight.
"` The Azeltine soil is deep and well drained. It formed
in alluvium derived dominantly from sandstone and
Ishale. Typically, the surface layer is reddish gray
. 3gravel Iy sandy loam about 9 inches thick. The upper 7
inches of the substratum is gravelly loam. The lower
.part to a depth of 60 inches is extremely gravelly sand.
IThe soil is calcareous throughout. In some areas the
surface layer is cobbly loam or sandy loam.
Permeability is rapid or very rapid below a depth of
'16 inches in the Azeltine soil. Available water capacity
-is low. The effective rooting depth is 60 inches or more.
Runoff is slow, and the hazard of water erosion is
slight.
This unit is used mainly for irrigated hay or pasture. 11
also is used for crops, urban development, wildlife
li,,habitat, or rangeland.
If this unit is used for hay and pasture, the main
limitations are the low available water capacity and
small stones. Grasses and legumes grow well if
Illiadequate fertilizer is used. Good management helps to
maintain optimum vigor and quality of forage plants.
Because these soils are droughty, applications of
irrigation water should be light and frequent. Irrigation
water can be applied by,corrugation, sprinkler, and
flooding methods. If properly managed, the unit can
produce 4 tons of irrigated grass hay per acre annually.
This unit is moderately well suited to irrigated crops.
If furrow or corrugation irrigation systems are used, runs
should be on the contour or across the slope. If properly
managed, the unit can produce 70 bushels of barley per
acre annually.
The potential plant community on this unit is mainly
western wheatgrass, Indian ricegrass, needleandthread,
big sagebrush, and Douglas rabbitbrush. Nevada
bluegrass, prairie junegrass, and bottlebrush squirreltail
also are included. The average annual production of air-
dry vegetation is about 800 pounds per acre. Suitable
management practices include proper grazing use and
a planned grazing system.
If the quality of range vegetation has seriously
deteriorated, seeding is needed. The main limitations
are cobbles and stones. For successful seeding, a
seedbed should be prepared and the seed drilled.
Brush management improves deteriorated areas of
range that are producing more woody shrubs than were
present in the potential plant community.
If this unit is used for homesite development, the
main limitation is small stones. Population growth has
resulted in increased construction of homes in areas of
this unit. Topsoil can be stockpiled and used to reclaim
areas disturbed during construction. The gravel and
cobbles in disturbed areas should be removed if the site
is landscaped, particularly in areas used for lawns. If
the density of housing is moderate or high, community
sewage systems are needed to prevent the
contamination of water supplies resulting from seepage
from onsite sewage disposal systems.
This map unit is in capability subclass IVe, irrigated,
and Vle, nonirrigated. It is in the Rolling Loam range
site.
38—Eton loam, 1 to 6 percent slopes. This •
deep, well drained soil is on alluvial fans, terraces, and
valley sides. It formed in alluvium derived dominantly
from material of mixed mineralogy. Elevation is 6,500 to
8,000 feet. The average annual precipitation is 13 to 15
inches, the average annual air temperature is 42 to 46
degrees F, and the average frost-free period is 80 to 90
days.
Typically, the surface layer is brown loam about 14
inches thick. The subsoil is clay loam about 17 inches
thick. The substratum to a depth of 60 inches or more is
loam.
Included in this unit are small areas of Tridell,
Uracca, and Forelle soils. Also included are small areas
of soils that are similar to the Evanston soil but have
more stones. Included areas make up about 15 percent
of the total acreage.
Permeability is moderate in the Evanston soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Runoff is slow, and the
hazard of water erosion is slight.
This unit is used mainly as rangeland. It also is used
for pasture, crops, or wildlife habitat. A few areas also
are used for homesite development.
The potential plant community on this unit is mainly
bluebunch wheatgrass, western wheatgrass,
muttongrass, Douglas rabbitbrush, and mountain big
sagebrush. Utah serviceberry, mountain snowberry,
prairie junegrass, and Ross sedge commonly are also
included. The average annual production of air-dry
vegetation is about 1,500 pounds per acre. If the range
condition deteriorates, mountain big sagebrush,
Douglas rabbitbrush, cheatgrass, and annual weeds
increase in abundance.
Suitable management practices include proper
grazing use and a planned grazing system. Brush
management improves deteriorated areas of range that
are producing more woody shrubs than were present in
the potential plant community. This soil responds well to
applications of fertilizer, to range seeding, and to proper
grazing use. If the quality of range vegetation has
seriously deteriorated, seeding is needed.
This unit is well suited to hay and pasture. It has few
limitations..A seedbed should be prepared on the
contour or across the slope where practical.
Applications of nitrogen and phosphorus fertilizer
improve growth of forage plants. If properly managed,
the unit can produce 5 tons of irrigated grass hay per
acre annually.
This unit is well suited to irrigated crops. If properly
managed, it can produce 90 bushels of barley per acre
annually.
This unit is suited to homesite development. The
main limitation is the shrink-swell potential. The effects
of shrinking and swelling can be minimized by
prewetting foundation areas. Population growth has
resulted in increased construction of homes in areas of
this unit.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Deep Loam range site.
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11 55—Gypsum land-Gypsiorthids complex, 12 to 65
j
ercent slopes. This map unit is on mountainsides, on
and along dissected drainageways (fig. 5). It is on
IIs and canyon side slopes throughout the survey
area.
This unit is about 65 percent Gypsum land and 20
rcent Gypsiorthids.
Included in this unit are small areas of Torriorthents
d Camborthids. Included areas make up about 15
rcent of the total acreage.
The Gypsum land consists mainly of exposed parent
material that has a very high content of gypsum.
11idThe Gypsiorthids are shallow and moderately deep
well drained. They formed in residuum and
colluvium derived dominantly from mixed material with a
try high content of gypsum. Slope is 12 to 50 percent.
single profile of these soils is typical, but one
commonly observed in the survey area has a surface
er of very pale brown fine sandy loam about 8 inches
ick. The substratum is fine sandy loam. Soft,
psiferous shale is at a depth of about 39 inches.
Permeability is moderate in the Gypsiorthids.
IIiailable water capacity is low or moderate. The
ective rooting depth is 10 to 40 inches. Runoff is very
rapid, and the hazard of water erosion is slight to
ll9vere on the steeper slopes.
This unit is used as wildlife habitat. The native
vgetation on the Gypsiorthids is sparse grasses, forbs,
nd Utah juniper. The Gypsum land supports very little
tive vegetation.
This unit is poorly suited to homesite development.
The main limitations are the slope, the hazard of
lioSion, piping, and low soil strength during wet
riods.
This map unit is in capability class VIII. No range site
tassigned.
53
69—Kilgore silt loam. This deep, poorly drained soil
is on alluvial valley floors, flood plains, low terraces,
and alluvial fans. It formed in alluvium derived
dominantly from mixed sources. Elevation is 6,000 to
9,800 feet. The average annual precipitation is 18 to 20
inches, the average annual air temperature is 38 to 40
degrees F, and the average frost -free period is 70 to 95
days.
Typically, the surface layer is very dark grayish
brown silt loam about 4 inches thick. The upper 21
inches of the substratum is silt loam. The next 4 inches
is very gravelly sandy loam. The lower part to a depth
of 60 inches is very gravelly loamy sand.
Included in this unit are small areas of Atencio,
Azeltine, Showalter, Morval, and Empedrado soils.
Included areas make up about 10 percent of the total
acreage.
Permeability is moderately slow in the Kilgore soil.
Available water capacity is low. The effective rooting
depth is 60 inches or more.. Runoff is slow, and the
hazard of water erosion is slight or moderate on the
steeper slopes. A high water table is at a depth of 1 to
3 feet. The soil is occasionally flooded for very brief
periods in spring and summer.
This unit is used as hayland, pasture, or rangeland. It
is well suited to hay and pasture. Wetness limits the
choice of suitable forage plants and the period of
cutting or grazing and increases the risk of winterkill.
Grazing when the soil is wet results in compaction of
the surface layer, poor tilth, and excessive runoff.
Applications of nitrogen fertilizer improve the growth of
forage plants. If properly managed, the unit can
produce 3.5 tons of irrigated grass hay per acre
annually.
The potential plant community on this unit is mainly
tufted hairgrass, Nebraska sedge, slender wheatgrass,
ovalhead sedge, and willow. Other plants that
characterize this site are western yarrow, Rocky
Mountain iris, and shrubby cinquefoil. The average
annual production of air-dry vegetation is about 3,000
pounds per acre. If the range condition deteriorates,
willow, iris, and shrubby cinquefoil increase in
abundance. If the condition of the range further
deteriorates, Kentucky bluegrass and Canada thistle
increase in abundance.
This unit is poorly suited to homesite development.
The main limitations are seepage, the wetness, the frost
action potential, and the flooding. A drainage system is
needed if roads and building foundations are
constructed.
This map unit is in capability subclass Vw, irrigated
and nonirrigated. It is in the Mountain Meadow range
site.
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1 GEOLOGIC & SOILS REPORT
Prepared by Chen & Associates
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11L-11Ems'I NUJ LI JCI 1eIu.
April 18, 1994
Isom & Associates
Attn: Ken Long
P.O. Box 9
Eagle CO 81631-0009
1
Subject: Summary Report of Geotechnical Conditions and Preliminary Recommendations,
Arnold Meadows, El Jebel, Colorado
Job No. 4 245 94
Gentlemen:
In accordance with your request, we are performing a subsurface investigation for development
of the subject site. We have drilled 12 borings and excavated 9 exploratory test pits at the site.
Laboratory testing has been performed on representative samples of the site soils and is nearly
complete. Testing includes moisture density determinations, gradations and swell -consolidation
tests. The following presents a summary of our findings and presents preliminary geotechnical
recommendations for site development. Our final report will he issued upon completion of
laboratory testing and analysis.
Site Conditions: The subject site consists of two portions that lie on both sides of Highway 82
west of Blue Lake Filing 5. The larger parcel on the north side of Highway 82 is predominately
flat pasture land covered with low lying grasses and weeds. At the north side of the site a gentle
hillside ascends becoming steeper at the northwest property corner with grades of as much as
50%. An existing residence is present at the base of the hillside near the northwest corner of
the property. Several recently constructed ponds are present on the flatter portion of the site_
The portion of the site south of Highway 82 is bounded by Highway 82, old Highway 82 to the
south, undeveloped land to the east and developed properly to the west. Several homes and
modular structures are present west of the site. This portion of the site is relatively flat lying
pasture and abandoned orchard.
Proposed Construction: Based on our conversations with you, we understand that proposed
development will consist of single family residential lots, multi -family housing and duplexes on
the north side of Highway 82. We understand that the existing ponds on-site will be
incorporated into the design of the project. A storage facility and a future P_U_D. is proposed
for the south side of Highway 82.
Geology and Soils Cbndi ions: The bedrock (underlying the site and exposed on the hillside
north of the property is the Pennsylvanian -age Eagle Valley Evaporate. During previous work
in the Roaring Fork Valley, sinkholes were found to exist in areas where geologic conditions
are similar to those observed in this area. Dissolution of the gypsum bedrock under certain
.1 I HINT
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Isom & Associates
April 18, 1994
Page 2
conditions can cause sinkholes to develop and can also produce general area subsidence. The
sinkholes appear to be the result of caving or piping of the overburden soils into solution cavities
which occur in the underlying bedrock.
Sinkholes were not noted in the immediate area of the proposed development. The exploratory
borings did not penetrate the bedrock and an evaluation of sinkhole -related subsidence potential
is beyond the scope of this investigation. in our opinion, the risk of ground subsidence within
the development is relatively low. if further investigation of possible cavities in the bedrock
below the site is desired, we should be contacted to make an evaluation of these conditions.
We are currently evaluating the potential for debris flow impacting the lots on or near the steep
slope in the northern (uphill) portion of the property, Our preliminary findings indicate the
debris flow hazard risk is relatively low for these lots. However, individual site-specific
evaluations may be needed for some potential building sites.
Borings along the northern property boundary encountered up to 20 or more feet of silt overlying
dense gravelly soils. The lower, southern portion of the site (south of the east -west trending
road) is mantled by 1/2 to 4 1/2 foot layer of silty topsoil underlain by dense slightly silty sandy
gravel with cobbles and boulders. The gravel encountered on the flat and gently sloping portions
of the site is river terrace alluvium which has been deposited over the bedrock. The gravelly
soils encountered in the northern (uphill) portion of the site and the alluvial gravels in the flatter
areas of the site are considered to have good foundation bearing characteristics. The upper
finer -grained silty soils in the northern portion of the property are moderately compressible but
should be suitable for support of lightly loaded spread footing foundations.
Groundwater was encountered at a depth of 20 feet along the northern property boundary and
at 8 to 10 feet below the ground surface in the flat -lying and gently sloping areas of the site.
Please note that groundwater levels are likely to fluctuate seasonally as a result of irrigation and
seasonal runoff.
Conclusions and Preliminary Recommendations: The proposed construction is considered
feasible from a geotechnical standpoint. The most significant geotechnical features within the
development are the presence of shallow groundwater at the flatter areas of the site and
moderately compressible silt soils on the proposed lots adjacent to the northern property
boundary. Due to the high permeability of the soil and the high groundwater levels in the flat
(southern) portion of the site, it is recommended that full basements not be considered.
Footings in the gently sloping and flat areas of the site (generally south of the proposed east -west
trending road on the north side of the site) should extend through the topsoil into the underlying
gravel. Footings designed as such may be designed for an allowable bearing capacity in the
range of 2000 to 2500 psf. Deep cuts (i.e, for full basements) are not recommended for these
• 1
Isom & Associates
April 18, 1994
Page 3
areas due to possible high groundwater.
Upper silt soils encountered along the northern property edge are considered moderately
compressible in their present state. The proposed foundations may bear in these soils provided
they are lightly loaded. Footings bearing on the silt soils north of the east -west trending road
should be designed for an allowable bearing capacity of 1000 to 1500 psf. Provisions should
be made in the drainage design to help prevent saturation of the foundation soils in this area.
The on-site gravel soils encountered in the lower, flat portions of the site are considered suitable
for re -use as compacted fill or wall backfill. Retaining walls backfilled with these soils may be
designed for lateral earth pressures based on an equivalent fluid weight of 40 to 45 pcf for active
conditions (cantilevered wall, free to rotate) or 45 to 50 pcf for at rest conditions (rigid or
braced wall). Underdrains should be provided behind foundation and retaining walls to prevent
hydrostatic pressure buildup and prevent wetting of below grade levels.
Drainage should be controlled during and after construction. It is recommended that utility
trenches which extend below the water table be provided with cut-off of walls or other
appropriate impervious barriers to prevent migration of water along pipe bedding.
Sincerely,
CHEN-NORTHERN, INC.
Stan Helenschmidt
Reviewed by
Thomas L.
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•
DRAINAGE PLAN
FOR
ARNOLD MEADOWS SUBDIVISION
PRELIIVIINARY PLAN SUBMITTAL
HCE JOB NO. 93097.01
April 19, 1994
Timothy P. Beck, P.E.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
INTRODUCTION
OFF-SfI h BASINS
HYDROLOGY
DRAINAGE PLAN
BLUE CREEK
SUMMARY
APPENDIX: Calculations
DRAWINGS:
pASE
Drainage Plan (11" x 17") attached
See also: The Grading and Drainage Plan sheets included
with the Design Drawings (24" x 36")
(bound separately)
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BASIN AND VICINITY MAP
SCALE:
111 = 2000'
HCE JOB NUMBER 93097.01
APRIL 19, 1994
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•
\J� _ \1 •t/ A�
• •
INTRODUCTION
1
The proposed Arnold Meadows Subdivision project is located on the north side of Highway 82,
and west of the community of El Jebel. Se* the enclosed Basin and Vicinity Map for site
location.
OFF-SITE BASINS
The major drainage that affects this property is Blue Creek, which passes through the central
portion of the Blue Lake P.U.D., then enters this subdivision on the eastern side, then runs
across the development. The 100 -year floodplain for Blue Creek has been shown on the Grading
and Drainage Plans, which are bound with the Construction Drawings. The floodplain is based
on the design channel calculations included in the Appendix.
As can be seen on the Basin and Vicinity Map, there are no concentrated flow paths running
onto the site from the north. The site actually is located between drainages that have a defined
outflow path. Therefore, only diffuse drainage will flow onto the site from the north. This flow
should essentially be in the form of minor sheet flow and no specific improvements are
proposed. However, typical site drainage and grading planning should be followed for the lots
northerly of Blue Creek. That is, the development of each lot should include provisions for
routing drainage around and away from the house.
HYDROLOGY
The hydrologic methods for this study are outlined in the Soil Conservation Service publication
"Procedures for Determining Peak Flows in Colorado" (1980). Peak flows in this area (except
for Blue Creek) will be primarily rainfall derived since the whole site is well below 8000 feet
in elevation. Therefore, the storm drainage system should be more than adequate to handle
spring snowmelt runoff.
Other methods were used to evaluate a design flow for Blue Creek and these are shown in the
calculations in the Appendix.
DRAINAGE PLAN
The on-site storm runoff flows will, in general, be diffuse and not particularly affect any parts
of the project. The general flow patterns and drainage swales are shown on the attached
Drainage Plan (11" x 17"), please see the Design Drawings (24" x 36") for additional
information on the proposed diversions, channels, and pipelines. No detention is proposed for
this project as it will all drain directly to a natural channel without affecting drainage
improvements already in place on any other property.
•
•
2
BLUE CREEK
A channel will be graded for Blue Creek similar to that constructed in Blue Lake P.U.D., Filing
IV and V. The channel will consist of a small, low flow channel in combination with a wide
floodplain channel. See the calculations in the Appendix for the design flows and the proposed
total channel cross-section.
Typical flows in Blue Creek, up to approximately the mean annual flood, will be carried within
the low flow ("initial" drainage channel) which will meander through the wide relatively flat
portion of the proposed total channel section. Thus, the normal creek flows will be in small
channel in a relatively flat grassy area. However, higher flows will be able to make use of the
entire channel cross --section, if needed.
Regarding the higher flood flows, it is difficult, if not impossible, to ascertain at thistime how
a historic 100 year flow down Blue Creek would have traveled, and what properties
uld
have affected. However, it is likely that some of the flow would have entered the lake, and that
the lake could have overflowed. The overflow may have occurred at a couple of locations;
probably near the northwesterly corner of the lake, and somewhere near the existing sewage
treatment lagoons. However, the intent of the current Blue Lake P.U.D. drainage plan is to
direct all of the lake overflow due to flooding through a "saddle" above the Blue Creek channel
just northwesterly of the northwesterly corner of the lake, and thence to follow Blue Creek
westward.
SUMMARY
The Drainage Plan for the Arnold Meadows Subdivision includes a variety of drainage
improvements, all designed to work together to mitigate the expected impacts on the site.
•
APPENDIX
February 1, 1989
MEMO
TO: Eagle County
FROM: High Country Engineering, Inc.
RE:
Blue Lake Planned Unit Development
DRAINAGE PLAN REVIEW
HCE Job No. 8034.001
High Country Engineering performed a review of the hydrology
by Mountain Engineering of the major basins that affect the
Blue Lake development,. Attached are notes and calculations
related to a comparison of various methods that could be used
to calculate peak f1otss from Blue Creek. The possible breach
of the Spring Park Reservoir was deemed too unlikely to
include per a letter to Eagle County from Mountain
Engineering, dated June 13, 1983 (Item 7). The flow
comparisons agreed viell with the Mountain Engineering values
for Blue Creek, and thus a 100 -year design value around 700
cfs. was adopted.
The proposed channel cross section for Blue Creek has been
revised to allow a more attractive and useful channel area.
(See Street and Drainage Details sheet of the drawings.) The
small channel section at the bottom will carry all usual Blue
Creek flows, even up to (approximately) the mean annual peak
flow. The 20:1 cross slope areas allow the inclusion of a
footpath and/or a utility line if necessary. The full
channel cross section (approximately up to the lot lines
shown) would only be utilized for an extreme event, and is
sized for the expected 100 year flow. The two bridge
structures shown are also sized to pass the 100 year event.
Under existing conditions, it does not seem very likely that
a large flow out of Blue Creek could reach the development.
It appears that a large flow would overtop the existing
channel just below the mouth of the basin, and continue
southerly, without making the sharp turn needed to continue
down the existing low flow channel. However, when the
property around the turn in the creek is developed, the
developers will most likely be required to improve the creek
and confine it to the existing alignment. Therefore, the
creek through the Blue Lake development will be designed to
carry the expected 100 year flows.
Suite 205 Village Plaza • Glenwood Springs, CO 81601
Telephone 303-945-8876
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Celebrating
100 Years
of Service
TO:
TELEFAX TRANS M ITTAL
0m
I,ROM: DICK VERMILLION
Vice President
Marketing
Tota], number of pages
(including transmittal)
If you do not receive all of the pages, please call us as soon as
possible at (303) 949-1011. Thank you.
Instructions:.
Sent by:
Time:
Date!
S6
S.i'EWA.RT TITLE OF EAGLE CC)TINTY, 7NC.
Poet Office Box 2000
Vali, Colorado 81658
(303)949-1011
Fax x(303)949 -77X3
SCHEDULE• •
A
ORDER NO.: 93009916 POLICY NO.: --
DATE OF POLICY: March 09, 1994 at 9:06 A.M.
AMOUNT OF INSURANCE: $
1. NAME OF INSURED:
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS ENCUMBERED BY THE
INSURED MORTGAGE IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
DON C. BYERS
4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED
AS FOLLOWS:
5. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COLORADO,
COUNTY OF EAGLE, AND IS DESCRIBED AS FOLLOWS:
See Legal Description Attached Hereto & Made a Part hereof.
AUTHORIZED
COUNTERSIGNATURE
STEWART 'TITLE
GUARANTY COMPANY
• •
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO.: 93009916
EAGLE COUNTY PARCEL;
That tract of land known as the Bob Arnold Rural Homesite as
described on the plat thereof recorded as Reception No. 249640
in Book 353 at Page 304 of the records of the Clerk and Recorder
of Eagle County, Colorado, together with the 30 foot wide
access easement as described on said plat,
A tract of land situated in the S1/2NE1/4 of Section 33,
Township 7 South, Range 87 West of the 6th Principal Meridian,
Eagle County, Colorado, lying easterly of and adjacent to the
Westerly boundary line of Eagle County, Colorado, and being more
particularly described as follows:
Beginning at a point on the Northerly boundary line of the
S1/2NE1/4 of said Section 33 whence a brass cap found in place
and properly marked for the Southeast Corner of said Section 33
bears 5 27 degrees 02'03" E 4440.21 feet;
thence S 18 degrees 43'24" W 520.69 feet;
thence N 75 degrees 26'24" W 136.88 feet;
thence N 58 degrees 00'15" W 129.18 feet;
thence N 29 degrees 01'59" W 2.02 feet to a point on the Westerly
boundary line of Eagle County, Colorado;
thence N 00 degrees 00'20" E 386.02 feet along the Westerly
boundary line of Eagle County, Colorado to a point on the
Northerly boundary line of the S1/2NE1/4 of said Section 33;
thence N 89 degrees 39'07" E 410.13 feet along the Northerly
boundary line of S1/2NE1/4 of said Section 33 to the point of
beginning.
TOGETHER WITH a 30 foot wide access easement situated in Section
33, Township 7 South, Range 87 West of the 6th Principal
Meridian, Eagle and Garfield Counties, Colorado lying 15 feet on
each side of the following described centerline;
Beginning at a point on the Northerly right-of-way line of
Colorado State Highway No. 82 whence a brass cap found in place
and properly marked for the Southeast Corner of said Section 33
bears S 57 degrees 29'42" E 3246.24 feet;
thence 56.91 feet along the arc of a 260.57 foot radius curve to
the left, the chord of which bears N 07 degrees 18'56" W 56.80
feet;
thence N 13 degrees 34'21" W 135.00 feet;
thence 290.23 feet along the arc of a 480.49 foot radius curve
to the right, the chord of which bears N 03 degrees 43'54" E
285.84 feet;
Continued on next page
• •
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
ORDER NO.: 93009916
thence N 21 degrees 02'11" E 166.21 feet;
thence N 18 degrees 41'16" E 131.08 feet;
thence N 17 degrees 23'03" E 188.57 feet;
thence N 18 degrees 29'56" E 193.52 feet;
thence N 22 degrees 47'04" E 83,04 feet;
thence N 36 degrees 51'55" E 96.76 feet;
thence N 38 degrees 08'04" E 163.24 feet;
thence N 28 degrees 24'11" E 315.37 feet;
thence N 09 degrees 33'03" E 44.04 feet to a point on the
Southerly boundary line of the 3.46 acre parcel described as
the Bob Arnold Rural Homesite, A Subdivision Exemption as shown
on Plat recorded as Reception No. 249640 in Book 353 at Page 304
of the Eagle County Records.
GARFIELD COUNTY PARCEL:
A tract of land situated in the SW1/4NE1/4 of Section 33,
Township 7 South, Range 87 West of the 6th P.M., Garfield
County, Colorado, lying westerly of and adjacent to the Easterly
Boundary line of said Garfield County and being more
particularly described as follows:
Beginning at a point on said Easterly boundary line of Garfield
County whence a brass cap found in place properly marked for the
Southeast Corner of said Section 33 bears S. 32 degrees 13'25"
E. 4554.00 feet;
thence S. 00 degrees 00'20" W. 124.13 feet along said Easterly
boundary line of Garfield County;
thence N. 61 degrees 18'33" W. 137.03 feet;
thence N. 15 degrees 29'07" E. 59.89 feet;
thence N. 89 degrees 39'07" E. 104.23 feet to the point of
beginning.
•
SCHEDULE B
PART 1
POLICY NO.: --
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXENSES) WHICH
ARISE BY REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN
BY THE PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE
PUBLIC RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES,SHORTAGE
IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT
SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE
AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY
LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN
PATENTS OR AN ACT AUTHORIZING THE ISSUANCE THEREOF;
WATER RIGHTS CLAIMS OR TITLE TO WATER.
7. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area.
8. Reservations and exceptions in Patents, or Acts authorizing the
issuance thereof, including the reservation of the right of
proprietor of a vein or lode to extract and remove his ore
therefrom should the same be found to penetrate or intersect the
premises as reserved in United States Patent recorded November
26, 1894 in Book 48 at Page 196. Eagle County Parcel.
9. Right of way easements as granted to Mountain States Telephone
and Telegraph by the documents recorded as follows:
August 3, 1931 in Book 116 at Page 87 as Reception No. 53313
and August 3, 1931 in Book 116 at Page 86 as Reception No.
53312. Eagle County Parcel
10. Right of way easement as granted to Rocky Mountain Natural Gas
by document recorded October 16, 1961 in Book 337 at Page 234 as
Reception No. 215437, Eagle County Parcel
11. Water pipeline and right of way Agreement between Briece Arlian
and Vinance Favre and Palmire Favre, recorded March 27, 1961 in
Book 167 at Page 228 as Reception No. 94529. Eagle County Parcel
12. Easements, restrictions, ditch, and rights -of -ways as shown on
the Plat of Bob Arnold Rural Homesite, recorded February 9, 1983
in Book 353 at Page 304 as Reception No. 249640. Eagle County
Parcel,
Continued on next page
EXCEPTIONS NUMBERED ARE HEREBY OMITTED.
• •
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO. --
CONTINUATION OF SCHEDULE B, PART 1
13. Plat for Rocky Mountain Natural Gas line, as depicted on the
Plat recorded as Reception No. 492605, affecting the access
easement. Eagle County Parcel.
14. All existing roads, highways, ditches, utilities, canals,
pipelines, powerlines, telephone lines, water lines and rights
of way and easements therefore established and or existing as
same may cross subject property.
15. Reservations and exceptions as contained in United states
patent recorded November 21, 1893 in Book 12 at Page 253 as
Reception No. 16563 as follows: Right of the proprietor of a
vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby
granted; further there is also reserved a right of way for
ditches or canals constructed by the authority of the United
States. Garfield County Parcel
16. Terms, conditions, restrictions, reservations, provisions,
obligations easement and right of way as granted to Mountain
States Telephone and Telegraph Company, in instrument recorded
July 15, 1968 in Book 395 at Page 445 as Reception No. 241319,
and in instrument recorded September 23, 1974 in Book 464 at
Page 584 as Reception No. 264856. Garfield County Parcel.
17. Terms, conditions, restrictions, reservations, provisions,
obligations, easements and rights of way as granted to Rocky
Mountain Natural Gas Company in instrument recorded February 19,
1992 in Book 823 at Page 930 as Reception No, 431757. Garfield
County Parcel.
18. Terms, conditions, restrictions, reservations, provisions, and
obligations as set forth in Boundary Line Adjustment recorded
April 28, 1992 in Book 830 at Page 173 as Reception No. 434184,
and subsequent Deed recorded April 28, 1992 in Book 830 at Page
172 as Reception No. 434183.
19. Right of way and free flow for any and all ditches and ditch
rights of existence en subject property. Eagle and Garfield
County
20. Easement and right of way for State Highway No. 82 (as
proposed,1 said easement and right of way being vague, unclear,
and indefinite, we cannot determine the extent, if any, to which
the subject property in question may be affected). Garfield
County Parcel.
Continued on next page
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO. --
CONTINUATION OF SCHEDULE B, PART 1
21, Terms, conditions, reservations, restrictions , provisions, and
obligations as set forth in instrument recorded April 28, 1992
in Book 830 at Page 173 as Reception No, 434184. Garfield County
Parcel.
22. A non-exclusive access easement as granted to Robert Arnold and
Gloria H. Arnold by Henry Nagel in Document recorded October 10,
1993 in Book 621 at page 698 as Reception No. 517766 and
recorded August 20, 1993 in Book 872 at Page 833 as Reception
No. 451469.
23. Terms, conditions, restrictions and reservations contained in
Agreement and Covenants Common Water System Ownership and
Maintenance between Robert Arnold and Gloria H. Arnold and Henry
Nagel, recorded December 17, 1993 in Book 627 at Page 838 as
Reception No, 523900.
SCHEDULE B
PART II
POLICY NO.: --
TN ADDITION TO THE MATTERS SET FORTH IN PART I OF THIS
SCHEDULE, THE TITLE TO THE ESTATE OR INTEREST IN THE LAND
DESCRIBED OR REFERRED TO IN SCHEDULE A IS SUBJECT TO THE
FOLLOWING MATTERS, IF ANY BE SHOWN, BUT THE COMPANY INSURES
THAT THESE MATTERS ARE SUBORDINATE TO THE LIEN OR CHARGE OF
THE INSURED MORTGAGE UPON THE ESTATE OR INTEREST:
• •
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
, . .
534227 B-638 P-176 04/21/94 12:57P PG 1 OF 19 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 95.00
MID VALLEY METROPOLITAN DISTRICT
ARNOLD MEADOWS PRE -INCLUSION AGREEMENT
THIS AGREEMENT is made and entered into by and between the MID VALLEY
METROPOLITAN DISTRICT, a Colorado special district (hereinafter the "District") and
ROBERT ARNOLD, GLORIA ARNOLD (hereinafter sometimes referred to as the "Arnolds"),
and STORAGE DEVELOPMENT COMPANY, a sole proprietorship, by Don Byers ("Byers").
The Arnolds and Byers are hereinafter sometimes collectively referred to as the "Developers";
WITNESSETH:
WHEREAS, the District is a Colorado special district formed and functioning by the
authority of C.R.S. §32-1-101 et seq., providing potable water and sanitary sewer service to the
area around El Jebel, Colorado; and
WHEREAS, C.R.S. §32-1-401 et seq. and Section 6.01 of the Rules and Regulations
of the District (hereinafter the "Rules and Regulations") provide requirements and procedures
for inclusions of property into the District; and specifically C.R.S. §32-1-402(1)(c) provides that
agreements may be entered into "between a board and the owners of property sought to be
included in a special district with respect to fees, charges, terms and conditions on which such
property may be included;" and
WHEREAS, the Arnolds own certain real property located in Eagle and Garfield
Counties, Colorado, as more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference (hereinafter the "Arnolds' Property"); and
WHEREAS, Byers owns certain real property located in Eagle County, Colorado, as
more particularly described in Exhibit B, attached hereto and incorporated herein by this
reference (hereinafter the "Byers Property"); and
WHEREAS, the Arnolds' Property and Byers Property are hereinafter sometimes
collectively referred to as the "Property;" and
WHEREAS, pursuant to C.R.S. §32-1-401(a), Henry Nagel, a previous owner of the
Byers' Property, and the Arnolds submitted Petitions for Inclusion of the Property into the
District on December 23, 1993; and
WHEREAS, pursuant to C.R.S. §32-1-401(b), the District held public hearings on
January 18 and February 8 and 15, at which the inclusion of the Property was discussed, and
said inclusion was conceptually approved by the Board of Directors for the District on February
15, 1994, pursuant to C.R.S. §32-1-401(c)(I), subject to the terms and conditions of a Pre -
Inclusion Agreement to be entered into between the parties; and
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• i
WHEREAS, the Property is proposed for development into single family lots (hereinafter
the "Single Family Lot Area"); into multi -family development (hereinafter the "Multi -Family
Lot Area"); and the south parcel (hereinafter the "South Parcel"); all of which are generally
shown on Exhibit C; and
WHEREAS, pursuant to C.R.S. §§31-1-1001(1)(d), (j -m) and 31-35-402(1)(f), the
District has the authority to require reimbursement of its out-of-pocket costs in providing
services to District customers, including but not limited to water and sewer connections,
inclusions and exclusions from the District, and planning and review of line extensions; and
WHEREAS, Sections 6.01, 8.04 and 9.01 of the Rules and Regulations of the District
provide that the District may charge legal, engineering, publication, recording, inspection,
observation and other fees of customers desiring services from the District; and
WHEREAS, the District and the Developers desire to set forth their understandings and
agreements concerning the inclusion process and the future relationship between them.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises of
the parties, and other good and valuable consideration, the adequacy and sufficiency of which
is hereby acknowledged, the parties, on behalf of themselves and their successors, assigns, heirs,
devisees, or transferees, agree as follows:
1. Procedures for Inclusion. The District shall take all steps necessary to finalize
the inclusion of the Property into the District, including but not limited to obtaining an Order
of Inclusion of the Eagle and Garfield County District Courts, filing and recording said Order
with the Eagle and Garfield County Clerks and Recorders, the Eagle and Garfield County
Assessors, and the Divisions of Local Government.
2. Reimbursement to District. As provided herein and as otherwise allowable under
applicable local regulations, state law and federal law, including but not limited to Section 7.18
of the Rules and Regulations of the District, the Developers agree to pay the District a
reasonable amount for all services provided or actual costs incurred by the District in relation
to the inclusion requested by them, on receipt of itemized billings for those services from the
District. All such amounts are due within thirty (30) days of the date of the bill, with interest
on any overdue amounts to be assessed at one percent (1 %) per month. In the event that such
amounts remain unpaid thirty (30) days after the date they are billed, the District reserves the
right, in addition to any and all other remedies, to cease supplying any and all services being
provided, including but not limited to water and sewer service, review and processing of
applications for service or inclusion. In the event the District is forced to pursue collection of
any amounts due and unpaid under this provision, it shall be entitled to collect attorneys' fees,
filing and lien recording fees incurred in such collection efforts in addition to the unpaid amounts
due, plus interest.
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• •
3. Rules and Regulations. The inclusion process, and the Property itself, shall be
subject to the Rules and Regulations adopted September 17, 1991, as they may hereafter be
amended. Additionally, from the date of this Agreement, the Property shall be subject to all
taxes, fees, rates, tolls and charges now in effect, or which may later be levied or collected by
the District. Further, all connections to the District water or sewer systems and all lines for
water or sewer service on the Property shall be made in accordance with the Rules and
Regulations and technical specifications. Pursuant to the Rules and Regulations, no District
service shall be provided and no connection shall be made to the District water or sewer
systems, until an application for service has been made, the parties have entered into a System
Development Fee Purchase Agreement, the applicable tap fee has been paid, and a tap permit
has been issued.
4. Fees and Charges. Pursuant to C.R.S. §32-1-402(c), and that certain Line
Extension Agreement dated , 1994, a copy of which is attached hereto as
Exhibit D and incorporated herein by reference, between the District and a third party, Vantex
Enterprises, Inc., a Texas corporation (hereinafter "Vantex"), Vantex agreed to be responsible
for one-half (1/2), or fifty percent (50%), of certain costs, associated with the construction of
a lift station and related facilities which will jointly benefit the Property and adjacent property
owned by Vantex. By that Line Extension Agreement and in connection herewith, Vantex has
agreed to contract for all work necessary in the construction and installation referred to herein,
including without limitation the certain costs as defined in this paragraph and the joint use
facility costs referred to in paragraph 5 herein. The Developers agree to pay Vantex the other
one-half of those certain costs, according to the provisions set forth herein. Accordingly, the
Developers agree to reimburse Vantex their agreed-upon proportionate share of fees and
expenses within thirty (30) days of submittal of bills for said certain costs. For purposes of this
Agreement, therefore, Vantex is a third party beneficiary of the parties' agreements herein.
Under this Agreement, the Developers hereby agree to be responsible for [the other] fifty
percent (50%) of the following costs:
A. Construction of a new lift station to service Blue Lake V and the Property;
B. Preparation of and approval for a site application concerning the new lift station
to be submitted to the Colorado Department of Health, if necessary; and
C. Engineering design fees for the lift station, sewer gravity line and force main.
Notwithstanding the provisions of this Agreement, the Developers shall have the
unilateral right to construct a lift station in the event that Vantex fails to perform its obligations
under the Line Extension Agreement.
5. Fees for Joint Use Facility. The Developers agree to be responsible for one
hundred percent (100%) of all costs incurred in the construction and installation of the following
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• •
joint use facilities related to the lift station which will service the Property and Blue Lake V; i)
a sewer gravity line, and ii) a force main from the originally proposed location for the lift station
in Blue Lake V to its proposed location on the Property, to the extent that such costs exceed
those which Vantex would have incurred in constructing a lift station solely to serve Blue Lake
V. In connection herewith, the Developers agree to grant all necessary easements, including
those described more fully in paragraphs 11 and 14, below.
6. Water Line Extension. The Developers agree to be responsible for one hundred
percent (100%) of the costs in connection with the construction and extension of a water line
from the existing stub -out on Blue Lake V to the Property, pursuant to Section 8.04 of the Rules
and Regulations. Construction on said water line shall occur pursuant to the Line Extension
Agreement provided for in paragraph 15, below.
7. County Approval of Inclusion. The Developers and the District agree to attempt
to persuade the Board of County Commissioners of Eagle and Garfield Counties that inclusion
of the Property does not constitute a "material modification" of the District's existing service
plan and to attempt to obtain from Eagle County a waiver of submission requirements for a 1041
application and other documents. Nevertheless, if either or both counties consider the inclusion
to be a material modification, the Developers agree to beresponsiblefor one hundred percent
(100%) of all costs incurred by the District's submission or amendment of a 1041 application,
a service plan, and other documents to obtain approval from the Boards of County
Commissioners, or to obtain a waiver of submission requirements, as necessary. The parties
further acknowledge that approval of the extension of service to the included areas by Eagle
County and Garfield County is necessary before service may begin on the Property. In the event
that the parties are unable to obtain approval for inclusion for Eagle County and/or Garfield
County, the District reserves its rights not to include the Property within the District, including
the right to reverse its Board's decision to include the Property within the District.
In the event that the District exercises its right to disconnect, revoke, or refuse services,
or decline to include the Property within the District, such decision in no way releases the
Developers from their obligations in this Pre -Inclusion Agreement to pay costs of the lift station
and the District's legal fees incurred to date, and to provide the District with the appropriate
easements required or requested pursuant to this Agreement.
8. Consent to Assignment/Rights of Parties Upon Disconnection of Property. The
District hereby consents to the assignment of this Agreement, and the rights and obligations
herein, by the Arnolds to that certain purchaser of the Arnolds' Property, Storage Development
Co., a sole proprietorship by Don Byers (hereinafter the "Purchaser"), in connection with those
two (2) certain real estate contracts between the Arnolds and Purchaser, both dated November
19, 1993, (hereinafter collectively referred to as the "Contracts"), upon Purchaser's written
acknowledgment to the District that Purchaser has assumed the rights and obligations of the
Arnolds herein. Upon receipt by the District of such assumption, the Arnolds shall be released
from all obligations herein, and Purchaser shall assume all of the Arnolds' obligations hereunder
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• •
for all purposes.
9. Termination of Pre -Inclusion Agreement and Exclusion. In the event that: (1) the
real estate transactions which are the subjects of the Contacts referred to in paragraph 8 do not
close; or (2) the Site Application required by the Colorado Department of Health is not
approved; or (3) the service plan required by the Eagle and/or Garfield County Governments
is not approved; or (4) the 1041 application, or other application for inclusion of the Property
within the District, as may be required by Eagle and/or Garfield Counties, is not approved, the
Developers and the District agree that the Developers shall have the right to initiate exclusion
proceedings pursuant to C.R.S. §32-1-501; provided, however, that:
A. The Developers shall remain subject to the provisions of paragraphs 4, 5, 13.A., c
and 18 of this Agreement, and shall continue to be responsible to Vantex and/or
the District for the fees, charges, costs and other obligations described in said
paragraphs; and
B. The Developers shall be released from all prospective obligations under any
System Development Fee Purchase Agreement with the District, provided that any
payments therefor made by the Developers to the District under said System
Development Fee Purchase Agreement prior to the date of disconnection shall
remain the sole property of the District and the Developers shall receive tap credit
to the extent of, and for, said payments, for the benefit of the Property.
The right to exclude the Property shall expire upon the first extension of water or sewer
services by the District to any of the Property.
10. Performance Bond. The parties acknowledge that, pursuant to the Line Extension
Agreement between the District and Vantex (Exhibit D), Vantex has agreed to provide an
assignment of an escrow trust agreement to Banc One of Denver, Colorado, in favor of Eagle
County as part of the subdivision process. Vantex's escrow agreement, if so provided, shall
satisfy the requirement of a performance guarantee as set forth in this provision. In the event
that Vantex fails to provide sufficient security, or other performance guarantee through the
subdivision process, prior to entering into a contract for construction of the lift station, the
Developers shall provide to the District a performance bond or letter of credit equal to the
Developers' share of anticipated costs of construction of the lift station and appurtenant sewer
lines.
11. Connection of Existing Facilities to the Property. The Developers agree that at
the time the District's services are first extended to the South Parcel of the Property, and at the
time the District's services are first extended to the Single Family Lot Area, respectively, the
Developers will connect all improvements, which were served by the pre-existing water well and
septic system, and which were pre-existing on the date of this Agreement, to the District's water
and sewer system and pay all fees due for such connections.
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• •
12. Raw Water Irrigation. As part of any preliminary plat submitted to Eagle and
Garfield Counties, the Developers shall comply with Article XI of the Rules and Regulations.
Under present development plans, the Developers anticipate that the raw water irrigation
plan to be submitted pursuant to this paragraph and Article XI of the Rules and Regulations will
provide that all of the lawn, garden, and other green space within the Property will be irrigated
from raw water sources to be retained by the Developers, instead of treated water provided by
the District. Further, the raw water irrigation plan will contain provisions which will assure that
raw water, rather than treated water, will be used as the source of irrigation. The parties
recognize that the use of untreated water for irrigation purposes will be of benefit to the District
in a number of ways, including, but not limited to, the following: 1) it may reduce the District's
need for water storage and treatment capacity; 2) it may reduce the quantity of water that the
District needs to divert from its water source(s); and 3) it may otherwise reduce the burden upon
the District and its facilities in providing water to development on the Property. The parties
therefore agree that upon review of the raw water irrigation plan, the District shall consider the
benefits which will accrue to the District from such raw water irrigation plan, and in
consideration of such benefits, the District may grant the Developers a reduction in water tap
fees for some or all development on the Property.
13. Easements.
A. Easements for Lift Station, Gravity Line and Force Main. Prior to the District's
approval of the lift station, sewer gravity line, and force main, the Developers
shall dedicate to the District by general warranty deed all easements necessary for
the operation, maintenance, repair and replacement of said facilities. Said
easements shall be dedicated free and clear of all liens and encumbrances which
would interfere, as determined by the District, with the District's use of the
easements.
B. Final Plat Easements. The final plat for subdivision of the Property shall dedicate
two utility easements across the Property, described as follows:
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1. Water Utility Easement. In addition to all other easements necessary to
serve the property, the Developers agree to dedicate to the District a water
utility easement across the Property (the "first easement"). The purpose
of the first easement shall be to supply District water service to the
Property in the future, if necessary, and to allow "looping" of the water
service line in the future, if necessary. The first easement shall extend
from the existing water line stub -out on Blue Lake V across the Single
Family Lot Area, southerly into the Multi -Family Lot Area, and thence
easterly to the easterly edge of the Property, along an alignment to be
determined by the parties' mutual agreement. In addition, the Developers
shall dedicate, if requested by the District, an easement across the South
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C)
)
• •
Parcel to allow for the extension of service to other areas south of the
South Parcel.
2. Sewer Utility Easements. The Developers further agree to dedicate to the
District a sewer utility easement from the lift station across the Property
(the "second easement"), along an alignment to be determined by the
parties' mutual agreement, to supply District sewer service to areas west
of the Property, if necessary, in the future.
In connection herewith, the Developers agree to dedicate the first and second easements
to the District on the final plat, free and clear of all liens and encumbrances which would
interfere, as determined by the District, with the District's use of the easements. Further, the
Developers agree to dedicate all other easements, as necessary, for access or completion of work
on the Property's inclusion, and for future expansion of District services to the west of the
Property. Such additional easements shall be determined at final plat. All easements to be
dedicated shall be general utility easements of a width determined by the District.
14. Oversized Water Line. Pursuant to Section 8.07 of the Rules and Regulations,
the District reserves the right to oversize the water line along the water line utility easement
described in paragraph 13, above, to provide District water service to the Property and/or
adjoining properties. The line installed by the Developers shall be at least an eight -inch (8")
line. Said line shall be dedicated to the District and, upon acceptance, the District shall be
responsible for all operation, maintenance, repair and replacement of the line. The District also
reserves the right to require the design of the lift station facilities to permit future enlargement,
including an additional wet well and larger pumps than those proposed, to serve additional
properties in the future.
15. Construction According to Plans and Specifications. Pursuant to the Rules and
Regulations, the District Engineer must approve, in writing, the plans for the extension of
District services to the Property, including but limited to, plans and specifications for the
proposed lift station; sewer gravity line and force main; sewer and water line(s); and all other
facilities to be constructed and installed, before work commences. All construction and
installations pursuant to the plans submitted shall comply with the Rules and Regulations,
including the Technical Specifications and Procedures, and any applicable federal, state, county
or local laws. All installations shall occur in roads or streets which the County, State Highway
Department, or other public agency has accepted for maintenance as public rights-of-way, or in
easements granted to the District.
All construction and installation on or for the extension of services to the Property shall
be carried out according to the final plans as approved. Any changes in or deviations from the
Final Utilities Plan shall be separately approved in writing by the District Engineer.
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Prior to commencement of construction of any water or sewer facilities within the
Property other than the sewer lift station, force main and gravity line, the Developers and the
District shall enter into a Line Extension Agreement mutually agreeable to the parties. Said
agreement shall, however, include without limitation the following provisions:
A. Deposits. Before construction begins, the Developers shall deposit with the
District, in advance, an amount equal to the cost of construction, including
engineering, inspection, and legal fees which may be required. This deposit may
be reduced or replaced by a line of credit in a form and from an financial
institution acceptable to the District. Further, the size of the deposit or line of
credit shall be reduced by the amount of any performance guarantee or other
security for construction of the project which the Developers provide to the
affected County or other governmental entity.
In addition to the above deposit, the Developers shall deposit in advance with the
District $ to ensure that satisfactory as -built drawings for the
project are submitted to the District as required by Section 8.05 of the Rules and
Regulations. Said deposit shall not be released back to the Developers until
satisfactory as -built drawings are submitted by the Arnolds and approved by the
District Engineer.
B. Observation of Construction. Developers agree to comply with all requirements
set forth in Rules and Regulations for inspection of construction and installation
of facilities on the Property. Additionally, all construction and installation of
facilities shall be subject to observation, at the Developers' expense, by the
District Engineer or such other authorized representative of the District as the
District Board shall designate. The Developers shall ensure that the construction
and installation of facilities is in accordance with the Rules and Regulations of the
District and all applicable federal, state, county and local laws. The District
Engineer may direct the Developers, on behalf of the District, to correct any
deficiencies in the construction and installation of facilities that are not
constructed or installed in conformance with the plans as approved. The
Developers shall coordinate with the District Engineer the timing of the
construction and installation of facilities to facilitate compliance observations by
the District Engineer.
C. Water Rights Dedication. For the Property and any other parcels which receive
District water service, the requirements for dedication of water rights to the
District, as set forth in Article X of the Rules and Regulations, shall be satisfied
by the payment of cash in lieu of actual water rights, unless otherwise agreed.
The amount of the cash payment shall be determined in accordance with the rate
then in effect, and all payments shall be made upon execution of the Line
Extension Agreement. Due regard should be given to the raw water irrigation
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• •
plan as prepared in paragraph 12 of this Agreement, in calculating the water
rights dedication requirements for the Property.
D. Acceptance of Facilities by District. Upon completion of the facilities the District
Engineer shall certify to the District Board that the facilities have been
constructed and installed in accordance with the provisions of the Rules and
Regulations, and in accordance with the applicable provisions of federal, state,
county and local laws. In connection with said acceptance, the Developers shall
provide the District with: 1) a summary of the actual construction costs and
certification that such costs have been paid; 2) deeds and/or bills of sale granting
the District the necessary easements in conjunction with the project; 3) a video
tape of the interiors of the extended sewer lines; 4) satisfactory as -built drawings
for District approval; 5) a two-year warranty guaranteeing construction in a good
and workmanlike manner for the period of two (2) years from the date of
acceptance of the facility by the District; and 6) other information to demonstrate
compliance with all provisions and requirements of this Pre -Inclusion Agreement
and the Line Extension Agreement between the Developers and the District.
16. Bike Path/Pedestrian Easement. The Developers agree to abandon, relinquish and
quit claim to the District the existing access easement from the east of the Property through the
District's sewer plant site, which access easement connects to J.W. Drive; provided, however,
that the District shall grant the Developers a bike path/pedestrian easement across the District's
property in a mutually agreeable location, if necessary and requested by the Developers.
17. Landscaping and Fencing. Pursuant to paragraphs 6(b) and 7 of that certain Lease
and Option Purchase Agreement, dated March 29, 1985, between the District and Robert and
Gloria H. Arnold:
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"The District agrees to develop a landscaping plan for the sewage
treatment facility to be located on said property and to exert its
reasonable efforts to mitigate visual impact of said facilities from
the Arnolds' surrounding property; and
The District and Arnolds shall equally share the expense of
constructing a livestock fence consisting of four (4) barbed wires,
or such other material as the parties shall agree, along the common
boundary line between the subject property and Arnolds [sic]
adjacent property. Arnolds shall be entitled to continue to graze
livestock on the subject property until such fencing is completed.
The District will be solely responsible for the construction of
fencing as required around its sewer facility."
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• .
Subsequently, the District exercised its option and entered into a new Agreement dated
November 12, 1990 with the Arnolds (recorded in Book 543 at Page 046 as Reception No.
439192 of the Eagle County Records), which Agreement provided that "no landscaping has yet
been implemented in accordance with paragraph 6(b) of the Option Agreement." The District
agreed "to prepare a landscape plan in accordance with the terms of paragraph 6(b), to discuss
that plan with the Arnolds, and to implement the plan during the summer of 1991." The parties
further agreed to abide by and continue the terms of paragraph 7 of the Option Agreement with
regard to fencing. The parties hereby reaffirm the agreement between the Arnolds and the
District concerning fencing. As to landscaping, the parties agree that the provisions of this Pre -
Inclusion Agreement shall supersede any provisions contained in the 1985 Option Agreement or
1990 Agreement concerning landscaping. The Developers hereby agree to install any and all
landscaping they believe appropriate to provide an adequate buffer on the easterly edge of the
Multi -Family Lot Area and the southerly edge of the Single Family Lot Area, as adjacent to the
District's sewer plant property. The Developers agree to install such landscaping, at their sole
expense, both on their property and the District's property as hereafter approved by the District,
to ensure an adequate visual buffer between the parcels. Such landscaping shall include the
development of a raw water irrigation system, in conjunction with the raw water irrigation
system for the Developers' Property, to ensure adequate irrigation of the landscaping to be
installed. Such landscaping shall be mutually agreed to by the parties at the time of final plat
and included as part of the Line Extension Agreement.
The Developers further agree, so long as requested by the District, to irrigate the
District's south remainder parcel located immediately adjacent to and east of the Developers'
South Parcel, to fence said property as hereafter mutually agreed, and to mow the District's
property and otherwise keep the District's Property in good repair and aesthetic visual state.
The Developers and the District acknowledge that the boundary line to which the above
quoted provisions refer is the eastern boundary line between the Multi -Family Lot Area and the
District's sewer plant property and the southerly boundary of the Single Family Area and the
District's sewer plant property (as generally shown on Exhibit C).
18. Nuisance, Waiver and Release. By executing this Agreement, the Developers,
on behalf of themselves, their successors, assigns, heirs, devisees, or transferees, hereby waive
and release any and all rights they may have to assert, aver, allege or otherwise claim that the
District's sewer plant is or may hereafter be a nuisance, so long as said plant is in compliance
with federal and state law. Further, the Developers agree not to oppose, contest, or object to
the District's future expansion of water and sewer services or other reasonable future uses of the
sewer plant, whether the District uses the same treatment process(es) or other processes.
This restriction, waiver and release shall be a covenant running with the land and, in the
event that the Property is subdivided, this restriction shall be a covenant running with each
parcel thereby created, and shall be binding upon the owners of each parcel.
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CLqn
• •
19. Surcharge. The Developers acknowledge that the Property will be serviced by
a new sewer lift station, and that the District will have the right to establish a lift station
surcharge designed to recover costs of operation, maintenance, repair and replacement, and to
be applied to the ultimate users of said lift station.
20. Cost Recovery to the Developers. The District agrees that it shall, in the event
any other future users connect to the lift station, provide for appropriate reimbursement to the
Developers of a proportionate share of the costs of said lift station and force main, as hereafter
determined by the District. Furthermore, the Line Extension Agreement to be entered into
between the District and the Developers shall also contain cost recovery provisions in the event
any users thereafter connect to water or sewer facilities installed by the Developers.
The District shall use its best efforts to collect any fees due in connection with this cost
recovery. However, the Developers will not hold the District itself liable for payment of the
fees, or for any failure by the District to collect such fees. The District shall forward any line
extension fee it receives to the Developers within fifteen (15) days after its receipt from the
customer. The District shall retain a processing fee of $100 for administrative overhead in
providing the reimbursement to the Developers for each connection to a water or sewer facility.
The term of the reimbursement shall commence upon acceptance of the facilities by the District
and shall terminate five (5) years following the date of acceptance. However, upon application
and District approval, such reimbursements shall continue for a maximum of five (5) additional
years.
21. Fees and Charges. The Developers shall pay in full to the District all fees
incurred by the District relating to the facilities and the inclusion process, including engineering,
attorney, inspection, filing, or recording fees and related expenses. Customers who desire to
connect to the main lines extended pursuant to this Agreement, or the Line Extension Agreement
to be entered in the future, shall pay all applicable tap fees and service charges. Except to the
extent a customer owns prepaid taps pursuant to a Prepaid Tap Agreement, EQRs of water
service shall be made available on a "first-come, first -serve" basis, and the District cannot
guarantee that an adequate number of EQRs of water service will be available to serve any
property or structure covered by this Agreement.
22. Notice. This Agreement shall constitute actual notice to any and all future users
of District services on the Property, and all owners, tenants or other persons who occupy units
or reside upon the Property of the terms and conditions herein.
23. Notices. All notices, requests, demands, consents, and other communications
pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when
received by the parties at their addresses below or any subsequent addresses provided to the
other party in writing.
F:\FILES\MVMD.2AG
March 17, 1994
-11-
534227 B-638 P-176 04/21/94 12:57P PG 11 OF 19
•
Notice to Robert and Gloria Arnold: 2541 Emma Road
Carbondale, CO 81623
Notice to Storage Development
Co., a sole proprietorship, by
Don Byers:
with copies to:
and:
Mr. Don Byers
352 Beaver Dam Circle
Vail, CO 81657
Leavenworth & Lochhead, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Lawrence R. Green, Esq.
Delaney & Balcomb, P.C.
P. O. Drawer 790
Glenwood Springs, CO 61602
24. Binding Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties and their successors, assigns, heirs, devisees, or transferees.
25. Covenants in this Agreement. The parties agree and intend that this Agreement
shall run with the Property described in Exhibits A and B, attached hereto, and be a burden and
covenant on that Property.
26. Complete Agreement. This Agreement constitutes the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and not understanding exists with respect to the transactions contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are embodied and merged into this Agreement.
27. Enforceability. If any covenant, term, condition, or provision of this Agreement
shall, for any reason, be held to be invalid or unenforceable, the invalidity or enforceability of
such covenant, term, condition or provision shall not affect any other provision contained herein.
28. Amendments. This Agreement may be amended from time to time by
amendments made by the parties in written form and executed in the same manner as this
Agreement.
29. Counterparts. This Agreement may be executed in duplicate counterpart originals,
each of which shall constitute an original but all of which shall constitute one and the same
agreement.
F:\FILES\MVMD.2AG
March 17, 1994
-12-
534227 B-638 P-176 04/21/94 12:57P PG 12 OF 19
• 1
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth next to their signatures.
Date
ATTEST:
MID VALLEY METROPOLITAN DISTRICT
Byg_D--L_er" ,.
Chairman
Date -/—/5— 9-e/ By
Address: 2541 Emma Road
Carbondale, CO 81623
Date )6F/4/ By
Address: 352 Beaver Dam Circle
Vail, CO 81657
F:\FILES\MVMD.2AG
March 17, 1994
ROBERT ARNOL
R.bert Arnold
GLO A ARNOLD
loria Arnold
STORAGE DEVELOPMENT CO., A SOLE
PRPR" T • RSHIP
yers, S
e Prop,etor
-13-
534227 B-638 P-176 04/21/94 12:57P PG 13 OF 19
• •
STATE OF COLORADO )
) ss.
COUNTY OF
Acknowledged, subscribed, and sworn to before me this day day of March, 1994, by
bink. , Chairman, and -R-je - U •
Secretary, of e Mid Valley Metropolitan District.
WITNESS my hand and official seal.
My Commission expires: s -q - q4,
STATE OF COLORADO )
` ) ss. n)
COUNTY OF )
ct
zi Acknowledged, subscribed, and sworn to before me this /v5 - day of 1� , 1994, by
Robert and Gloria Arnold.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
/-&-t e
Notary Public
818 Colorado Avenue
GLENWOOD SPRINGS, CO 81601
My Commission Expires May 3, 1994
Acknowledged, subscribed, and sworn to before me this /3 "day of March, 1994, by
Don Byers.
WITNESS my hand and official seal.
My Commission expires:
F:\FILES\MVMD.2AG
March 17, 1994
Notary Public
818 Colorado Avenue
-14-
GLENWOOD SP s,itVis, CO 8160,
My Commission Expires May 3, 19:94
534227 B-638 P-176 04/21/94 12:57P PG 14 OF 19
•
EXHIBIT A
-4
PROPERTY DESCRIPTION
LOT 1
OTS 4 U 6, THE NW1/4SE1/4, THE
A PARCEL OF LAND SITUATED 4�1/4NE1/4 OF SECTION 33, TOWNSHIP 7
S1/2NE1/4 AND IN THE SE1/COUNTY OF
SOUTH, RANGE 87 WEST OF THE
SIXTH
PRINCIPAL PARCEL BEING MERIDIAN, MORE PARTICULARLY
GARFIELD, STATE OF COLORADO;
DESCRIBED AS FOLLOWS: BRASS CAP
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, A
IN PLACE;
THENCE N 55°51'58" W 2933.95 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF OLD STATE COUNTAY Y , 82
THE AID RUE OPOI TINT LOF
BEING ON THE EASTERLY LINE OF GARFIELD72°10'33" ALOOF
BEGII'IN��i THENCE LEAVING S10DEASRLY 0 69 FEET TOITHE SOUTHEAST CORNER OF
NE N SAID NORTHERLY RIGHT-OF-WAY
THAT PROPERTY DESCRIBED IN RECEPTION NO. 205501 OF
THE
NORTHERLY
GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE;E
RIGHT-OF-WAY N 01028148" E ALONGT O A POINT ON HE ERTHLYSOLINERLYFRISAID
RECEPTION NO. 205501 614.51 FEET
OF -WAY OF NEW HIGHWAY 82; THENCE LEAVINGG ADIUS ASF2774.79EI FEETALONG
THE ARC OF A CURVE TO THE RIGHT AVDISTANCE OF 646.99 FEET (CHORD
A CENTRAL ANGLE OF 13°2134", THENCE CONTINUING ALONG SAID
BEARS S 64°00'50" E 645.52 FEET); HENCE CONTINUING
SOUTHERLY RIGHT-OF-WAY S 51°46'25" E 253.64 FEET; THENCE
ALONG SAID SOUTHERLY RIGHT-OF-WAY S 53°40'18" E 230.70 A
FEET TO THENCE LEAVING
POINT ON THE EASTERLY LINE OF SAID GARFIELD COUNTY;
SAID SOUTHERLY RIGHT-OF-WAY S OF°OOGIN► �WGALSAIDNG SAID PARCELSCONTAINING
353.34 FEET TO TH. TRU. POI
11.761 ACRES, MORE OR LESS.
93097.01
DECEMBER 10, 1993
534227 B-638 P-176 04/21/94 12:57P PG 15 OF 19
Exhibit "A"
•
PROPERTY DESCRIPTION
LOT 2
A PARCEL OF LAND SITUATED IN LOTS 4 AND 6, THE NW1 / 4 SE1 / 4 , TH7
E
S1/2NE1/4 AND IN THE SE1/4NWIPRINCIPAL MERIDIAN,/4 OF SECTION 33, TOWNSHICOUNTYP OF
SOUTH, RANGE 87 WEST OF THE SIXTH
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER 3 F AIDFEETTTO A 33,
AN ON CAP
IN PLACE; THENCE N 47°22'10"ALSO
NORTHERLY RIGHT—OF—WAY OF NEW STATE HIGHWAY NO. 82, SAID POINT T UE POINO
BEING ON THE EASTERLY LINE OF GARFIELD COUNTY,
BEGINNlig; THENCE LEAVING YAg�•EASTERLY
2S FEET; THENCES3°40'18" W ALONG
CONTINUING ALONG
SAID NORTHERLY RIGHT—OF—WAY THENCE
SAID NORTHERLY RIGHT—OF—WAYRF WAY oALONG''IHE RRC 213.65
AFCURVE TO THE
CONTINUING ALONG SAIDAND A
LEFT HAVING A RADIUS ..OF 2964.79 FEET ENTNA63 ° 29 L5 "OW
F
15°27'09", A DISTANCE 'OF 799.59 FEET (CHORD BEA
S 797.17 FEET) TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 205501`a'RFIELD �RIGHTTY CLERK
AD
OF—W
RECORDER'S OFFICE; THENCE LEANG SAID NORTHERLY
LINE OF
RECEPTI
N
NO. 205501
N 01°28'48" E ALONG THE EASTERLY SAID SOUTHERLY LINE OF SAID
1077.51 FEET; THENCE N 89°39'16"E ALONG THE OF
RECEPTION NO. 205501 828.51 FEET D O THE NORTHWEST
04 THF ESHE CORNER
COUNAT
PROPERTY DESCRIBED IN RECEPTION
Y
CLERK AND RECORDER'S OFFTHENCELEAVING
OF SAID RECEPT SOON NORL434184
LINE
S 15°29'05" W ALONG THE WESTERLY F SAID
59.90 FEET; THENCE S 61°18'35" ALONG
POINT ON LITHE EASTERLY THERLY LINE OLINE OF
RECEPTION NO. 434184 137.03 FEET T
GARFIELD COUNTY; THENCE S00°00120"
EG'I BINGO SAID PARNG SAID CEL CONTAINING
STERLY LINE
1492.72 FEET TO T E TRU POI T OF
B28.331 ACRES, MORE OR LESS.
93097.01.
DECEMBER 10, 1993
534227 B-638 P-176 04/21/94 12:57P PG 16 OF 19
ExIdhlt "A"
•
•
PROPERTY DEBCRIPTION
LOT 3
THE NW1/4SE1/4, THE
A PARCEL OF LAND SITUATED IN LOTS 4 SECTION 33, TOWNSHIP 7
6,
S1/2NE1/4 AND IN THE SE1/4NW1/4NE1J4 OFCOUNTY OF
SOUTH, RANGE 87 WEST OF THE SIXTH RC NC BE NG L EMOREA PARTICULARLY
EAGLE, STATE OF COLORADO; SAID PA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAIDFEET CTTON A3, A BRASS CAP
IN PLACE; THENCE N 30°52'44"W 3453.72
WESTERLY LINE OF BLUE LAKE P.U.D., SAID POINT ALSO BEING THE
NORTHEAST CORNER OF THAT PROPERTY ESCRI SED IN RECEPTION T E T UEO. 439189
OF THE EAGLE COUNTY CLERK AND RECORDER'
BEGINNING; THENCE LEAVING SAID WESY 439189LINEN572 °
7711'26"
WTALONG
THE NORTHERLY LINE OF SAID RECEPTION
CONTINUING ALONG SAID NORTHERLY LINE S 38°08'04"THENCE N W 158. .25 25 FEET
20"EET T O
A POINT ON THE WESTERLY LINE OF EAGLE COUNTY; RECEPTION NO . 254334
ALONGE
THE WESTERLY LINE OF EAGLE RCOUNTY I ED IN598.79
FEET TO THE
SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED THENCE LEAVING
OF THE EAGLE COUNTY
58E00'RK 15" E RECORDER'S
ALONG THE SOUTHERLY LINE OF SAID
SAID WESTERLY LINE THENCE CONTINUING ALONG SAID
RECEPTION NO. 254334 130.34 FEET;
SOUTHERLY LINE S 75°26'24" E 136.88 FEET; THENCE N 18°43'24" E
ALONG THE EASTERLY LINE OF SAID RECEPTION
THE NORTHEAST CORNER OF SAID RECEPTION N�234THENCE
THE
OUTHERLY
N 00°39'52" E 663.47 FEET TOA POINT O95 4E S THENCE NLINE OF TT
PROPERTY DESCRIBED IN RECEPTIONF
NO.ALONG SAID SOUTHERLY LINE 237.95 FIDTSOUTHERLY LINES 00°00'01"OW
BLUE LAKE P.U.D. THENCE LEAVING SAID
1655.49 FEET TOHET UE.P INT BE INNING; SAID PARCEL CONTAINING
14.175 ACRES, MORE OR LESS.
EXCEPTING FROM THE ABOVE DESCRIBED LDTC UNTY CLERK AND RECORDER'S
HAT PORTION OF RECEPTION
NO. 205501 AS RECORDED IN THE GARFIELD
EXCEPTION CONTAINING 0..604
OFFICE WHICH AFFECTS SAID LOT;
ACRES, MORE OR LESS.
SAID PARCEL CONTAINING A NET ACREAGE OF 13.571.
93097.01
DECEMBER 10, 1993
534227 B-638 P-176 04/21/94 12:57P PG 17 OF 19
•
• Lail Decu tiQT•
A tract of land situated in the Sty NES of Section 33, Township 7 South, Rangy 87
west of the Gth Principal li.ridian, ,Fogle County, Colorado, lying easterly of and
adjacent to the Westerly boundary lin. of Eag a County, Colorado. and b*int morn
particularly described as follows:
s.ginning at as point on the Northerly boundary line of the SS NES of said Section
33 whence a brass cap found in place and properly marked for the Southeast Corner
of said Section 33 bears S 27'02'03" 2.4440.21 feet; thence s 18°43'24" W 520.69
feet, thence N 75°26'24" W 136.88 feet; thence N 58°00115" W 129.18 foot; thvnca
N 29°01'59" W 2.02 foot to a point on the Woctorly boundary lino of Eagle County,
Colorado, thonco N 00°00'20" Z 386.02 feet along the Westerly boundary line of
Eagle County, Colorado to a point on tho Northerly boundary line of tho Sg h'Ek
of paid £cation 33, thane° N 89.39'07" t 410.13 feet along the Northerly boundary
line of the S1 Ngk of said Section 33 to the point of boginning, containing 3.4F,
soros mono or lase, together with and subject to an easement and right-of-way 20
lost in width extending from the Sunnyaid. Spring as described in Ruling entered
June 23, 1981 in Case No. 80Cw351 in and for Water bivinion No. 5, State of
Colorado, which easement and right-of-way shall be for purposes of installation,
upkoop, maintenanco, repair and replacement of said spring and of a water supply
lin. extending from said spring to the above described tract and ovoc and across
oaLd tract to the point or point. of u.. of water from said spring on said tract
and on adjacent property having water right, in said ppringi and togathor wUhh
a 30 foot wide access easement)
YxC2pT any portion thereof lying within that tract of land conveyed by Robert A
Cloria H. Arnold to Colorado -Uta Electric Aeoociation, Inc. by deed recorded
Septombor 12, 1980 in Book 309 at Page 1811
AND
A tract of land situated in the SWC NYC of Section 33, Township 7 South, Range
87 West of the 6th Principal Meridian,..] fiold County, Colorado, lying woatorly
of and adjacent to the Easterly boundary lino of said Garfield County, and being
more particularly described as followst
beginning at a point on said Easterly boundary line of Garfield County, whence a
bra.s cap found in place and properly marked for the Southeast Corner of said
Section 33 bears 5 32.13'25" E 4554.00 fast, thonco t 00°00'20" W 124.13 feet
along said Easterly boundary lin. of Carfiald County, thonco N 61618'33" W 137.03
fent, thence N 15620'07" E 50.80 feat, thence N 89'39'07" Z 104.23 feet to the
point of beginning, containing 0.24 acres more or lean.
534227 B-638 P-176 04/21/94 12:57P PG 18 OF 19
EXHIBIT B
•al
C)
ti J•
EXH`1 C
K 89;39
246.7
• /11
• +•,
•
9'8'W•: , LOT 4 .
..26,33.1..1s;
• 0.604.ocres•;
1 ••••••••••••___
t•
'572,38
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r:.
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P_7760. N.57-
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• 1
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• $EWA
•
N 59102
18! / 1 T�
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534227
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•
•
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•
B-638 P-176 • 04/21/94 12:57P PG 19 OF 19
•
•