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Home My WebLink About3.0 Approvals - LegalIE GARFIELD COUNTY Board of County Commissioners MARIAN SMITH Glenwood Springs 81601 ARNOLD MACKLEY Rifle 81650 BUCKEY ARBANEY Glenwood Springs 81601 Eebruary 6, 199l- COUNTY COURTHOUSE 109 8th Street Suite 300 Glenwood Springs, CO 81601-3303 Telephone : (303) 945-91 58 (303) 625-5571 CHUCK DESCHENES County Administrator CIiff Soderberg 1105 Cooper Avenue Glenwood Springs, CO 8l-601 RE: Chipperfield Estates Subdivision Dear Mr. Soderberg: Based on a discussion with Don DeFord, County Attorney, and Mark Bean, Directorof Regulatory Offices and Personnel, the Board of County Commissioners has concluded that your property, known as Lot 3 Chipperfield Estates can be lega1Iy conveyed to another party without any further approval from the County. Thisdetermination is based upon the fact that the FDIC foreclosed on the previousproperty owner and created a parcel by exemption from the statutory definition ofa subdivision by C.R.S. 30-28-l-01- (L0) (c) (II), as amended. The statute cited staEes in part, that a lot "which could be created by any courtin this state pursuant to the law of emminent domain, or by operation of law, orby order of any court in this state", is exempted from the statutory defj.nitionof subdivision. This in turn exempts you from any responsibility for subclivision improvements contained in a recorded agreement in the records of the County Clerk - and Recorder. The County will record a document in the Clerk and Recorders - records noting the removal of responsibility. While this statute exempts you from any further subdivision regulation by the County, it does not automatically exempt you or a nel^r owner from other County or State permit requirements. As an example,a water augmentation plan for five (5) wells was approved for the subdivision.If the requirements of the augmentation plan have not been met, the State Divisionof Water Resources may not be obligated to issue a well permit for the lots createdby the Chipperfield Estates p1at. There may be other issues that limit your ora future buyer's ability to build on the property. This letter is only intendedto deal with the issue of subdivision. ff you have any further questions about this action, please contact Mark Bean ofour staff. Sincerely, Arnold L. Ivlackley, ChaBoard of County Commissioners ALM/rIb to GARFIELD COUNTY Board of County Commissioners MARIAN SMITH Glenwood Springs 81601 ARNOLD MACKLEY Rifle 81650 BUCKEY ARBANEY Glenwood Springs 81601 Eebruary 5, 1991- COUNTY COUBTHOUSE 109 8lh Street Suite 300 Glenwood Springs, CO 81601-3303 Telephone : (303) 945-9158 (303) 625-5571 CHUCK DESCHENES County Administrator John A. Thulson P.O. Drawer 790 Glenwood Springs,co 81502 RE: Chipperfield Estates Subdivision Dear Mr. Thulson: Based on a discussion with Don DeFord, County Attorney, and Mark Bean, Director of Regulatory Offices and Personnel, the Board of County Commissioners has concluded that your property, known as Lots 1-r2 and 5 of Chipperfield Estates can be 1egal1y conveyed to another party without any further approval from the County. This determination is based upon ttre fzrct that your client foreclosed on the previous property owner and created the parcels by exemption from the statutory definition oi a iubdivision by C.R.S. 30-28-L0L (10) (c) (II), as amended. The statute cited states in part, that a lot "$rhich could be created by any court in this state pursuant to the law of emminent domain, or by operation of law, or by order of any court in this state", is exenrpted from the statutory d9-flnition of subdivision-. This in turn exempts your ctient from any responsibility for subdivision improvements contained in a recorded agreement in the records of the- County Clerk and necorder. The County will record a document in the Clerk and Recorders records noting the removal of respons,i-bility. While this statute exempts you from any further subdivision regulation by the County, it does not iutomatically exempt you or a new owner from other County or State permit requirements-. As in example, a water augment,ation plan for five (5) wells-was approved for the subdivision. If the requirements of the augmentation plan have not been met, the Stat.e Division of Water Itesources may not be obligated to issue a well permit for the lots created by the Chipperfield Estates plat. There may be other issues that limit your or a fut,ure buyer's ability to build on the property. This letter is only intended t.o deal with the issue of subdivision. If you have any further questions about t.his action, please contact Mark Bean of our staff. Sincerely, Q*.a-,< Arnold L. Mackley, C Board of County Commissioners AII,I/rlb 4 r,# 9oJ*- /to A ,r r?o, $, /n,^-**/(/q/ 1r 6'o,{'-* ["( (; LznJU ,(.,*( )l'l ' t (C € / 6 oy h*t L*-t ,- u- /^C ,< 6-m n €b*.,AN 10 lggl GARF IEI.D COUNTYf,^/lo, l,' Dn ^ i, Mankt ',iln* ,fl L-<ht i,/L.\.7 / L ry->,-f /""-] Ee bs ,/L, l" 1:/f5 e /ns, T 1 L r-*,.; A EoxlrvNy^ (-\., Lnfr r ? .1 ?v 6 f 7 /€*9 W, lv.t Ub q- {a r-l^* Il*t'f t'/--< 7 t r{q ./ o",'f,-A Gl,*-'l I (,\>-1){L< r3 f,([ 4 r u.e.tf {r,l/-a/f r<te 0n4 ^( /l,. I J Qn i "L ,a ,- ,-,- (o( /,'L " +"Ttl t/" p*ft-r) S 6uO^ AS f o e5 r e{{,.+ Yb*v c'ot-t+l u/ i .'O-'L''Vt/l (l"j15 1Uk YcY''- hYl f *(- 7q;- tu7? .-.,, (-) No. 933. kv. 3{5. QUIT CLAIM DEED Bmdford Publishing, 5825 w. 6th Avc., takevrcod, CO s0214 - (303) 233-6900 t2-8't Recorded at B2 Reception No. QUIT CLAIM DEED THIS DEED, Made this l$[i1 day of August , 1989 between THE FEDERAL DEP0SIT INSURANCE CORPORATI0N as receiver The First National Bank in Rifle /ei/tf/ / lgfhlv/f/ /f'lEyLftf l'Y Nglq$qb, grantor(s), and CLIFF SODERBERG 4* whose legal address is of the A parcel of land in Range 92 West of theat the Center of sai poi nt on the East I i n r 5741-3tt1-025 {ritri '76.L ptt[?OC ,4$-E 3"g.lgge 1lt1 L ,,', r. lJ --lt:v 1 1 06 Cooper Avenue Glenwood Springs, C0 8.l60'l Countyof Garfield 4nfa/ and State of Colorado, grantee(s).[?-t ?3 WITNESSE'IH. That the srantor(s). for and in consitleration of the sum of----Three Thousand Seten Hundred Fifty and nol100------ D'LLARS the receipt and sufficiency of which is hereby acknowledged, ha 5 remised, released, sold, conveyed and QUIT CLAIMED, and by these presentS do e S remise, release, sell, convey and QUIT CLAIM unto the grantee(s), h i S heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Gaf f i e I d and State of Colorado, described as follows: LOT 3 CHIPPERFIELD ESTATES Also described as follows: the 6th dS eo Northeast one-quarter of Section 34, Tovinship 6 South, P.M., more particularly described as follows: Beginning ection 34 thence South 89o52'3.|" East I,3:10.46 feet to af the l,lest one-hal f of said northeast one-quarter thence North 0ol2'0l" East 500.00 feet to the TRUE P0INT 0F BEGINNING thence continuing along the said east I jne of the [,lest one-hal f of the Northeast onr.-quarter North0ol2'0l" East 660.00 feet; thence North 90o00'00" West 1066.3i feet; thence South 00o00'00" East 200.00 feet; thence North 90"00'00" East 400.00 feet; thence South 00o00'00" East 460.05 feet; thence. North 89o59'44" East 664.07 feet more or less to the TRUE POINT 0F BEGINNING. also known by street and number as TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), h'i S heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha 5 executed this deed on the date set forth above. THE FEDERAL DEPOSIT INS'JRANCE CORPORATI as receiver of by SIATE OF CALIPORNIA David H. Broderick ds attorney'in fact))ss anceed it. lejL') , COUN?Y OF OR:}.}TGE IS day of a to De on the bas is of satis who executed this instrument as I Deposi't Insur Corporation in ttre ye ar 1ej(';i before ?ersonallyto me (or to be the'** of the 'ledged to **and as attorneY in fact Z/ fi 34 / c5 ncj on th D€r aPPear Provec PersonFedera me tha Dated: notary Publ.ic,personally known factory eviderlce) R tl? {try r * l,{rt n i (FDIC) 'and acknc t the FDIC execut (,11 N Public @) l,ty Cunm. Exp. Doa tt, lgea COI,INTY I a 10: FROF1: RE: DATE: GARFIELD COUNTY PLANNING DEPARTMENT MEMORANDUM the necord Garfield County Planning off.tce W Chipperfield Estates Subdivision .Iuly 1, 1987 Ctripperfield Estates is a final platted subdivision in Carfield County. the iollowing information is provided to clarify the present status of the suMivision: The Planning oepartrent has received no verification of oorpletion of the $bdivision ImProvenents. Remaining irproverents include a water storage tank and palment of a Sitt Bridge Fee. See the agreement for rpre detail. The County is not issuing building permits within the Srbdivision, and as [Er |}re County Attorney's office letter date 2/4/85, other 1egal action nay include vacating the final p1at. I 2 3 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 aI GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT 2ot a BLAKE AVENUE . cLENwooD gPRlNGt. coLoRADo or 60t . TELEPHoNE !0!: 9t!-82 rl I 9tr-a212 I 6za-rr2t August 16, 1984 Ken & Cindy Mattingley Box 1345 Palmer, Alaska 99645 Dear Ken and Cindy: On l{onday, August 13, 1984, the Board of County Corunissioners authorizedtheir staff to draw up an amendment to the Subdivision fmprovement,sAgreement entered into between yourselves and the County on January 3r1984. Enclosed is an amendment to the agreement and a new iConsent, toVacation of PIat". It will be necessary for both of you to sign the two document,s and have them notorized. Once we receive the signed documents, we wiII have the Board Chairman sign the amendment and then send a copy ofthe recorded amendment back to you, for your records. If you have any questions or concerns about this letter or any of theenclosed document.s, please feel free to carr or write me, at your convenience. Sincerely, DEPARTMENT OF DEVELOPI{ENT Mark L. Bean Senior Planner ![LB,/vts Enclosure o , County Planning DepartmentCounty Commissioners aGARFIELD COUNTY COUNTY ATTOR NEY'S OFF ICE 109 8th Street Suite 300 Glenwood Springs. Colorado 81 601 -3303 Phone 945-91 50 February 4, 1985 Stephen L. Carter, EsquireCarter & Sands, p.C. Mountain Plaza, Suite 201 201 West Third StreetRif1e, CO 81650 Re: chipperfierd Estates subdivision rmprovements Agreement Dear Steve: I have recently had an opportunity to discuss the status of theChipperfield Estates subdiviiion rmlrovements Agreement with theBoard of County Commissioners. At that time, r advised them of theforeclosure proceedings which you have recently commenced regardingthe propertyr ds werl as the prioi foreclosure by Richard Barr. As we had previously discussed, it is the County's position that a1lsuccessors and interests to the Mattingleys are bound by the termsand conditions of the Subdivision rmprovements Agreement forChipperfield Estates. The agreement piovides thaL it is bindingupon the MattilSleysr successors. I have recently written to Mr.Barr and notified him of the County,s position The county takes no position on the merits of the foreclosureproceedings concerning chipperfield Estates. The county has,therefore, elected not to iespond to the Notice of Right to-Redeem,which we received concerning tha foreclosure proceediigs commencedby the First National- Bank in Rifle. However, pleaie be advisedthat the Board will take whatever action ls legaliy' appropriate toprotect the interests of the County and public ai thiy aie securedin the Subdivision Improvements agieemenl for the property inquestion. These actions may include vacating the finai pfit for .-Chipperfield Estates. Please advise Lhis office of your client's intentions with regard tohonoring the -relevant p:rovisions of the Subdivision rmpr5vementsAgreement for Chipperfield Estates. Should the First NationaL Bankof Rifle obtain title to any of the property in question, it is theCounty'! po=ition, that the subaivision lmprovemends Agreement willbe binding on it. Please advise this officer dt your earliestconvenience, with regard to your client's position on thi; matter. Very truly yours, \ ^'- \r"\ ZWTCKGarfield County AtLorney STEVEN J A Assistant SJZ:mlscc: Mark Board Bean of l1 IIGARFIELD COUNTY COUNTY ATTORNEY'S OFFlCE I09 8th Street Suite 3OO Glenwood Springs, Colorado 81601-3303 Phone 945-91 50 February 4, 1985 IuIr. Richard E. Barr 1485 Red Rock Las Vegas, NV 89102 Re: Chipperfield Estates Subdivision Improvements Agreement Dear Mr. Barr: This office represents the Board of County Commissioners of GarfieldCounty, Colorado. rt is our understanding that you are presentlythe owner of a tract of real property located in the unincirporatedarea of Garfield county, known as "chipperfield Estates"l TheGarfield County Public Trustee issued a publii Trustee,s Deed to youf9I !h" property in question on January 22, 1985. It appears fiomthis deed that you were the holder of a Deed of rruil on theproperty, known as Chipperfield Estates, which was executed in1981. Ken and Cindy Mattingley were the grantors of the Deed of Trust for !h" property known as Chipperfield Esiates, upon which you recentlyforecl-osed. . Thg lvlat!ingleys entered into a Subdivision ImprovementsAgreement with the Garfield County Board of County Commissioners onJanuary 3 | 1984 concerning the property on wf,ict you recentlyforecl-osed. This agreement was suniequently amended on October g', 1984. The liiattingleys entered into the Subdivisions rmprovements Agreementwith Garfield County in accordance with the county's suudivisionRegulations in Colorado statutes. The agreement was required for !lr" ry?ttingleys to obtain the Board oi Commissioners! ipproval ofthe final plat for chipperfield Estates. The purpose of theagreement was Lo secure the installation of necessary publicimprovements and other associated public costs. The lgrlementprovides that no lots in the subdivision may be conveyed uniess thespecified security has been posted or the required improvementsinstalled. For your informalion, r have encfosed a copy of thesubdivision rmprovements Agreement and related Amendment. The Subdivision Improvements Agreement for Chipperfield Estatesprovides that it is binding upon the Mattingfiys' successors andinterests. Accordingly, it is the county,s po;ition that theagreement is binding upon you an<l your successors. The agreement, o Richard E. Barr February 4, 1985 PAGE TWO as amended, specifies that the required financial security sha]1 beposted or the specified public improvements installed no Iater thanJuly 1, 1985. The public improvements for the subdivision werevalued at $8 r 700.00 as of January 3, 1984 plus an additional$41000.00 to be paid to the couity for impr6vements to the SiltBr idge. The agreement provides, in accordance with Colorado law, that noti!}q to any lots in the subdivision may be conveyed until thepublic improvements have been installed and tha County fru" acceptedthem. Furthermore, no contracts for sale of the 1ot-s may be entiredinto until the county accepts the financial securitlr for theimprovements. Please advise this office by March L, 1985 as to your intentionswith regard to complying with the provisions of the SubdivisionImprovements Agreement for the property in question. No lots withinthe subdivision may be lawfuI1y -conveyed- at the present time.UnLess satisfactory arrangements are made to assure tha performanceof the developerts obligations under the agreement, piior to thedate specified, the Board of Commissioners will 5e requir6d to takeappropriate lega1 action. This may include vacating the subdivisionfinal plat as well as the withholding of building permits. yourprompt attention to this matter is appreciated. o Very tr/\l/1tt + ,'(_'r--. STEVEN u1y yours, (-> Z ICKAssistant Garfield County Attorney SJZ:m1s Enclosure cc:l{ark Bean, Planning DepartmentBoard of County Commissioners (w,/enc. ) t? -luly lbt t9A4 Attn: Garfield County Fianning BoarC Mark Bean I n rega rci +,D Clr ipper" f ie ld Estates and +.he asreed t ime schedu le for the letter of credit anci sub imprcvements specif ied in the *inal plattr I am applying frr a one (L) yean extensitrn !n i:oth due to pnoperty being in I itisatian between mysel{ and Richard Banr and myseil and First Nationai tsank a{ Rifle. In an e{fort tB sa lvage the pro ject and i n some u,ay meet ob I igat ions th is ex+.ent !cn is necesBai^y. Thank ynu. P I ease adv i se me of any necessany paperr.uor k Gn documEntat ionnecessary to do th i s Senq tronresptrnci ence to Yr^. Ken Mattinslev Box 1,345 Falmer: Alaska 1?645 Thank you H* Ken Matt ing ie n u GARNTLN C(). PI.ANNT.R o o Recorded"tl:5tr o,",M.OcT101984 Beception No. 356,X33 'I,'r ,1 -l ,}t MILDRED ALSDORF, RECORDER GAR FIELD COUTJTY, COLORADO Btl{lr( 65E ncr AMENDIVIENT TO SUBDIVISION IMPROVEMENTS AGREEMENTFOR THE CHIPPERFIELD ESTATES SUBIDIVTSION THIS AGREEMENT, made and entered into thisbetween Kenneth..I. Mattingley and Cindy M.referred to as ',Developeri), and the BoardGarfield county, colorido ir,ur"inatter-ietwitnesseth: gtb Matti of Coerred Oclo bee -day ot $efpbembsrTngley (hereinafterunty CommissionersLo as "County:), 1984, of WHEREAST €ln Agreement dated January 3,19g4, between the Developer and thecounty was executed as a condition-oi'upprorrur of finar plat of thechipper f ield Estates subdivision (h;;"i;'.f ter rererreo to as ,,proper Ey,, ) i WHEREAS, the Developer now desires to deLiver a letter1, 1985, and compleie the construction and instarrationimprovements identified in Exhibit.,8,, of the previousOctober 1, 19g5; *HEREAS, the county is agreeable to allow the propertythe manner propose- WHEREAS' the parties desire to amend the previously approved subdivisionrmprovements Agreement to arlow for the extension 6t lirn. to post a retterof credit, and compretion of the ;g;";J-upon public improvements. Now' THEREFoRE' for and in consrderation gf the promises and the forrowingmutuar convenants and agreements, the parties hereby agree as folrows: 1' rh9 pubric improvements set forth in Exhibit "B,t of thesubdivision rmprovements Agreement entered into by the DeveJ-operand the county sharr be coiptefea on or ueroi" october L,1985. 2. ?hat on or before JuIy_1,19g5, the Developer shaLl deliver arerter of credit issueo oy a ii.t" or nati6nar bankinginstitution which is rice"s"a-to do business in the state ofcol-orado, in a form acceptable to _the county, which acceptancesha11 not be Llnreasonably withhel-d. of credit on JuIyof aII public agreement by 3 In all other respects, aII terms, conditions andthe Subdivision Improvements Agreement, referredremain unaltered anO in fuII force and effect. to be developed 1n agreements ofto above, sha1l OF COUNTY COMMISSIONERS RFIELD COUNTY, COLORADO enneth R t n v BOARD or e to e Boar a r ,,.\'l' ln)l;1.:-,.--^- Ma Ma ng ng .,.) Cindy ivl. MattingleyGarfield County, Co1 ESTATES ano pursuant January 3, 1984, and Board of County Commprovides inter aliastate ban n9 nst o o CONSENT TO VACATION OF PLAT as the owner of certain real property located inorado, and more particularry riescrioeci as cHrppERFrELDto the Subdivision Improvement Agreement datedsubsequent amendement between themselves and theisioners of Garfield County, Colorado which agreementthat if a retter of credit issued by a nationil orution for the construction of subdivision improvementsto Garfield County has not been delivered on orthe subdivision plat of the chipperfield Estatesvacated in its entirety. By this instrumentnty of Garfield, by the aforesaid Kenneth R. -M. I"latting1ey, the consent of Kenneth R. Mattingleyley, is hereoy given to the firing of such instrumeirtsCounty may deem proper or advisable. DATED THIS 9* oav / ---t -"''oE &lr,t/rl;t.t-l e., tin a form acceptablebefore June l, 1985,subdivision shall bedelivered to the CouMattingley and Cindy and Cindy M. Mattingof vacation that the 1984. K nne t Mat ngle ,1 Suoscribed and shrorn Eo before meKenneth R. Matt,ingley and Cindy U. WITNESS MY HAND OFFICIAL SEAL Notary P nd y M/. Matt ng ey. this ??& da yofuattingley. My commission expires: !-s' ( i tir,o /,..*STATE OF.COLORADO &9,;+xkffi#r"ss ) ,1984, by '1 A..t,t no(.ior(leo Raceptio n ,iffi AL{:'DORF, RE ER {; Fl.:i.1., tri'Jt TY, COTORADO SUBDIVISION ]MPROVBIEMIS AGIEEMENT 0rllI(641 ricrEg? THrs AGREEMENT, mace and entered into trris Jd day of Jrtlrrtrtr"tr ,l?B$, between KEr{}narH R. MA'rTrNGLEy and crNDy M. MAffTNGLEY, anci the BOARD oFCOUNIY CUU{ISSIONERS OF' GAR}'IELD ()UMIY, COIORADO, hereinafter referred to as"County", WTTNE|SSEIH : WHEREAS, Kenneth R. tttattingley and Crndy M. Mattingley are the owners ofcertain real property locatecl in Garfield Courrty, Colorido, more particularlydescribed on the f inal plat for Chipperf ield Estates and on Exhibi-1 ,ra", whic-his filed on even date herewith, which real property is now known as"Chj-pperfielo Estates", hereinafter referred to as-the ,,S-u6ivision',; and WHEREAS, as a condition of approval of the final plat (hereinafterreferred to as the "P1at") for the Chipperfield Estates, Kenn6th R- i,lattirrgley anci Cindy M. Mattingley wish to enter into this Subdivision ImprovementsAgreerent (hereinafter referred to as "AgreernenL,,) with the county; I{HEREAS, the County has required ano Kenneth R. Ir4attingley and Cindy M.l4attingley have agreed to provide security or collateral sufficient in tfrejudgrnent of the County to nnke reasonable provision for completion of certainpublic improvernents, as set forth on Exhibit ',B',, attached hereto andincorporated herein by this reference; and h'HEREAS, Kenneth R. |4attingley ano Cindy M. Mattingley have agreed toexecute and deliver a letter of credit to the County to secure and guaranteeits performance of this Agreement, and have agreed to certain restrictionsregarding the issuance of builciing permits anci certificates of occupancywithin the subdivisj.on, alr as nore rur1y set forth hereinafter. NU^I, THEREFORE, foTfollowing mutual covenants follows: and in consioeration of the premises and theand agreements, the parties hereby agree as I- PERFORMANCE. On or before October 1, 1984, Kenneth R. Mattingley and Cindy M. MffiAi& agree to consLruct ano install, or to cause to beconstructed and installed, dt tireir sole ex5:ense, those public improvenrentsset forth in Exhibit 'rBrr. KenneLh R. Mattinglelz and Cindy tt. ttattingley agreethat all of the public improvements to be completed, as identified on ixrriuit"B", attacheci hereto, shall be constructed in compliance with the following: a) A11 final plat docufirents submitted prior to or at il:e time of final- plat approval.b) A11 laws of the Unrted States, State of Colorado, anciits various agencies, affected special districts, and/or municipalities proviciing utility services.c) Such other designs, drawings, maps, specifications,sketches and other matter submitted to and approveo by any of the above-stateo governmental entities. o trttlx 6{L I'irf$Sll The County agrees that, provideci suclr improvements are instafled in accordancewith this Paragraph 1, then Kenneth n. I'4attirgley anci Cindy M. Mattingleyshall b'e deemed to have satisfieo all terms and conditions of the zoning anosubdivision laws, resolutions and regulations of Garfield County, 0:Iorado,ircluding, but not limited to, Resolution No. B2-23I aciopted uy trre county onseptember 7, 1982, and Resolution No. 83-]31 adopted ny Lhe co-unty on June 6,1983. ^__^^*?__ ApgT' OI IMPRO\f#ETS. - rr is undersrood, for purposes of rhisAgreement, that the cost of aII of saicl public improvernents is night 1housandSeven Hundred Dollars and No/Cents ($B,ZbO.OO), 1;,Tbtal Construction Costs,,),based upon the engineering cost estimates set forth on Exhibit ,,B,,, whichamount the County finds reasonable and hereby approves ano accepts. KennethR' Mattingley ano Cindy M. Mattirgley have proviaeo written confirmation ofsuch estimates by Beck, Shrum-and Associltes, a Grand Junction engineeringfirm. rn addition to said public improvements, Kenneth R. Mattingley anocindy M' Mattingley agree to pay the sum of Four T'housand Dollars and No(bnts($4,000.00) towarcl the Garfielci County Road ano Bridge F\:nri for the benefit ofthe Silt Bridge. 3. SECURITY FOR IMPITO\EMENTS Or or before JuIy J-, L984, Kenneth R.I4attingley and M. Matt deliver a letter of credit issued bya state or nati onal banking institut ion which is licensed to do business INthe State of Colorado, in a form acceptable to the County, which acceptanceshall not be unreasonabl y withhelo. ltre anount of said letter of credit sha1lbeequal to the "Total Construction Costs,' of Eighty Thousand Seven HundredDol-lars ard No/Cents ($8,700.00) , plus Four Thousancj Dol_Iars and No/Cents($4,000.00) to the C,arf i eld County Road and Bri dge Fund, plus an inflationfactor, as provided for in Paragraph 4 be }ow. In the event Kenneth R.Mattingley and Cindy M. I4attingley fail to deliver said letter of credit byJuIy 1, 1984, then the Plat may be vacate<l Dy the County,and in such eventall, approvals of the Subdivision by the County sha1J- be deemed to have beenwithdrawn and rendered nul_l and void by such vacation and all_ parties shall bereleased from any further obligation he reunder. Contem;rcraneously with theexecution of this Agreernent, Kenneth R It4attingley anci Cindy M. Matting leyhave delivered their written consent to said vacation in the event anaccepLable letter of credit is not deliver ed within the time provided; andthis consent is bind ing upon its successors and asstgns, provided, however,that Kenneth R. Iviat tingley an<j Cindy IvI. Mattingley rTEly convey their legalinterest and title to that part of the tract described in the final plat ofChipperfield Estates as parcel 4,for which parcel, the necessary publicunprovements and access do presen tly exist. Kenneth R. I,{attingely and CindyM. Irlattingley shall not be reguired to deliver a letter of credit to theCounty by JuIy 1, 1984, if the public rmprovements, set forth in Exhibit ',B',,have been completed and accepted by the County in writing, and such writtenaccepLance is of record in the Garfielci County Clerk and Recorder's Office asof that date. Kennetlr R. Ivlatti rgley and Ci.ndy M. t4attingley shall not conveytitle to any parcels of real prope rty described in the final plat of theChipperfleto Estare Subdivis 10n,except Parcel 4, until said publiclmprovements, as desc ribed in D<hibiL "B",have been completed ano accepted inwriting by the County ano such written o IGarfield County Clerk and Recorder's Office. 2 acceptance is of recorci at the O O btrtrrt 6{l" moE894 upon Kenneth R- Mattingley ano Crndy M. Ir4attingley detivering to thecounty saici lette5.of credit, or their c6mpletion of the public improvenrentsdescribed in ehibit "B", ancr trre acceptunl"-uv the county of said publicimprovernents il, writin'g, they shall be entitled to entlr into pre-salesagreemenrs for rhe sale of lots. IJowever, no title -a. -;;i; parcels rnay beconveyed' anci no buirding permits sharl be issueo, except for parcer 4, untilthe county has accepted tire completed rmpr-vements. upon derivery to thecounty of said letter of creclit, -Lhe. County sharl issue ,rittun approval in aform recordable in the office of the RecirJer or Garfierd county, cororado,stating that saicj letter of creciit has been provided, pursuant to thisAgreementr and that.sales agreements may be nade. However, the (bunty shal1not be required to issue uuitcing permits for any buildings constructed withinthe subdivision until such time-ai all improvenents have been iccepted by thecounty, which acceptance sharl not be ,nreisonabry withheld. upon receipt from Kenneth R. Mattingley and Cindy M. Mattingley of theircertification that the public improvements set forth on D<hibit ,,B,, have beencornpreted ano paid for, the county sharl return to Kenneth R. ir4attingrey andCindy M' Mattingley the letter of credit marked ,'satisfied in fur],, and sharlacknorpledge Lhat alr improvements have been compreted in a satisfactory mannerand shall otherwise rerease the aforesaid retler of credit, in recoroableform, if requested by Kenneth R. Mattingley ano Cindy M. Mattingrey. The County m3Y,.at its option, permit Kenneth R. Mattirrgley and Cindy M.l4attingrey to substitute otter colraterar acceptable to the county for thecollaterar origianally given by Kenneth R. r4attingle.y and cinoy M. Mattingleyto secure the completion of the improvements as-neiei-nanove prorria"a. 4. INFLATION ADIUSII,,IH\IT As provioeo in par agraph 3 above, the amountof col1a ter US on an annual basis for inflation based uponthe Consumer price Inciex Denve r-A11 Urban Consumers Index, AII fEems, 1967eguals l-00, published by the Uni ted States Departnrent of Iabor Bureau ofStatistics. Each year, during the term of this Agreenent , corrnencing on thefirst day of Novembe r, L984, and each year thereafter, the base amount of thecollateral shall be acijusted by computing lncrease, if any, and the costs oflivirg for the preceding year,anci adding the same to the base amount of thecollateral.fhe base index number shall be the CPI number for Novernber 1983of 339.8, ancl the corr esponding Cpf number for the months of each succeeding t year shall be the current index number. The increase if any, between thebase index number arrd the current nurnber (expressed as a percentage) shall bemultiplied by the base amount of the collateral arrd any resulting positiveproduct shal_l be addeo to the base amount of the coll-ateral, and tire total_thereof shall be the adjusted amount of collateral.the parties hereby agreethat a new letter of credit wil] be issued which wi1l equal the amount of theadjusted amount of collateraI. If , at any time during the term or any extension thereof , said Consr:rnerPrice rndex is no longer prutisr,ea, the pu.Li". shall use such other index, asis generally recognizect'or accepted, io. the purpose of naking simirardeterminations of purchasirg power. 3 o onott 641 ricE895 5. NOTICE Of' DEFICI.UT\--IES. If the County determines that thei.mprovenen t constiucted in compliance wrth thespecifications thereof, it sha11 furnish a written 1lst of specificdeficiercies to Kenneth R. I'4attingley and cindy M, Mattingrey. rf thedef iciercies have not been correctedr or if satisfa.lory urrung6*"nts have notbeen made to correct such deficiencies within thirty t:il J.y='at-ter the listis furnishe<i, the ocunty may dra!{ on the letter of iredit sulh funos as may benecessary to accomprish the constructio, of the improvements, in accordincewith such specifications. 9' IryPRO\mgEM'SE9UENCE. E<cavation of earthwork, reguired along thewesterry srde ot County Iioad No. 331, shall be completed at tire same time thefire protection tank ii installed, thus allowing drrt removed fronr the CountyRoad excavation to be used to facili"cate the const.ruction of the fireprotection site and the entrance at the fire protection site. 7' ENFORCEMENT- In addition to any rights, which may be providecr bycolorado statuG;--IETs mutually agreed tha! the (bunty or any purchaser of aIot or unit within the suMivision shall have the auttrority to-uiing an actionin the District Court of Garfield county, Colorado, to coirpel the enforcernentof this Agreement. Such authority shatt include the right to compelrescission of any sale, conveyance, or transfer of any l-ot or uiit contrury- tothe provisions of this Agreementr or as set fortfr on the plat of thesuMivision, or in any separate recorded instrument. Any such action shall breconrnerced prior to the issuance of a building permit by the Gcunty for suchlot or unit; and in the event no such action is so conuTrenced, then lhe countyand any purchaser shal} be deemed to have rvaived their rights and authorit|herein provided. B- APPROVAL OF PIAT'. The County agrees to approval of the plat subjectto the termffi of this agieerfont. 9. AI4END4EII: This t\greement may be amended from time to time,provided that sucfr- amendment be in writing and signed by the parties hereto. 10. BINDIIG EEFECT. This Agreement shallthe title f-eaEE-tot or unit witfiin the subdiviobligations, as contained herein, sha1l be bindbenefit of Developer. its successors anci assigns. o be a covenant runningsion and the rights ing upon and inure to with and the ATTEST: A'IT.EST: to By By BOARD OF (XUMI'Y GARFIEIJ] COUNTY, DE\ELOPER: R. Ir4attingley /-/ Secretary A By M. rMatt lng 1ey o o 0t10r,641 nttE96 EXHIBIT ''A'' LEGAL DESCRIPTION Beginning at the center one-quarter corner of section 34, Township 6 south, Range g2 Westof the 6th Principal Meridian, Garfielcl County, Colorado:thence N 0o 13'48,,E. 396.29 feetalong the north/south centerline of said Section 34 to a point on the easterly right ofway line of county Road No. 331; rhence along said easterly right of way line thefollowi-ng eleven courses: N t6604'00"E, :i.5r-i."alrhence arong a curve to the lefthaving a central angle of 14010'00", a radi-us of 290.00 feet, an arc length of 71.70feet and of which the chord bears l{ Bo59'00" E, 71.52 feet; thence N lo5f'00,,E, l6L.68feet; thence along a curve to the right having a central angle of 12008,00,,, a radiusof 500'00 feet' an arc length of 105.88 feet and of which the chord bears N 7o5g,00,,E,105'69 feet; thence N 14002'00" E, 153.07 feet; thence along a curve to rhe left havinga central angle of 13036'00" a radius of 240.00 feet, .rr..I length of 56.97 feer andof which the chord bears N 7014'00" E, 56.83 feet; thence N 0026'60,,E, 63.55 feet;thence along a curve to Ehe left having a central angle of t6o48,00,,, a radius of 400.00feet, an arc length of.1L7.29 teet and of which the chord bears N 7058,00,,tr.l, 116.87 feet;thence N 16022'00" tr.tr, 76.06 feet; thence along a curve to the right having centrar angleof 16018'90", a radius of 320.00 feet, an arc length of 91.04 feet and of which rhe chordbears N 8013r00" w. g0.73 feet; thence N 0004'00r' I^1, 368.25 feet; thence, reaving saideasterly right of way, N 81014'35" E, 717.7e feer; ih.r,"u N 8016;47,, w, i:t.:o feer roa point on the southerly right of way line of County Road No. 326 (also known aschipperfield Road)1. thence along said southerly right of way line the folrowing rhreecourse: N 81043'13" E, 2L9.84 feet; thence N 70028;18" E, zio.az feet; thence i 62o15'2g"E, 72,64 feet to a poi-nt on the east line of the w l/2 NE 1/4 of secrion 34: rhences 0012'01" w, 2243-34 feet along said easr line of the wr, NEk ro the nast i/16 corner ofSection 34; thence N 89052'31" tr.I, 1320.46 feet along rhe east/west cenrerline of secrion34 to the point of beginning. containing 57.733 acres, more or less. 5 oo uxll l ll |l' " IJ " I each6,000 gallon Fiberglass Water TankFreight, I. s Ins taIla tion Road Excavation $ 6;ls 0 2s0 800 1,500 $8, 7oo 4, ooo $12, zoo GARFIELD COUNTY ROAD AND BRIDGE ruND, srLT BRIDGE TOTAL IMPROVEMENTS: 6 oo Kenneth R. Mattingley as the owner of certain real property locatedj-n Garfield County, Colorado, and more particularly described asCHTPPERFIELD ESTATES and pursuant to the Subdivision ImprovementsLgreement dated,rhe Board or E; ;i:i3,":::X;:".:iH::l and which agreement provides inter alia that if a letter of creditissued by a national or sEFUiiEng institution for the con-struction of subdivision inprovements in a forn acceptable toGarfield county has not been detivered on or before June 1,1g84,the subdj-vision plat of the Chi-pperfield Estates subdivision straitbe vacated in its entirety. By Ltris instrunrent delivered to thecounty of Garfield, by the aforesaid Kenneth R. Mattingley, theconsent of Kenneth R. Mattingrey, is hereby given toth; r3_iing orsuch instruments of vacation that the county may deem proper oradvisable. DATED THIS /74 DAY OT'/.L*-,At,, , rsg3 . CONSENT TO VACATION OF PLAT STATE OF COLORADO ) .u COUNTY OF GARFIELD) Subscri-bed and sworn to before me this1983, by Kenneth R. Mattingley. WITNESS MY HAND AND OFT'ICIAL SEAL Nota Kenne R. Mat ang My commission ex pires: *1 aay or 4ooo . ilro, c fr,l+Ailnrr,, ln o Sen e *t'/, 'fi- d,Ji .l tsafrfiu oo f tL <o I ^t o CONSENT T\O VACATION OF PI,AT Cindy M. t4atLing ley as the owner of certain real property 1ocaLed inGarfield County,Colorado, and more particularl y described as CH IPPERFIELDESTATES and suant to ",?e Subdivision fmprovement Agreelaentdated1984, between herself and the provi of County Cor,rni ioners of Garfield County, Colorado which agreement state des inLer alia that UanEIng-in=EEIEution ter of credit issued by a nati onal orif a 1eLfor the construction of subdivision improvementsin a form acceptable to Garfie ld County has not been delivered on orbefore June I, 1994, the subdi vision plat of the Ch ipperfield EstatessuMivision sha1l be vacated in its entirety.By Lhis instrumentdelivered to the Coun ty of Ga rfield, by the aforesaid Cindy t4. Mat tingley,the consent of Ci ndy 1,1. Mattingley, is her eby gi ven to the filing of suchinstr o uments of vaca DATED TTIIS STATE OE COIORADO ) SS COUNTY OF GARF'IELD ) Subs ibed and sworn to before me th 1984, by Cindy M. l,tat Cindy Mat ting ley tion that the County may deem proper or advisable. .LtgDAY , 1984.i\ '--a -/ ) ,-t. 1Sof WITNESS I'{Y HAND OFFICIAL SEAL </:My coriumission expires: tary 1C '- .'.' :-,:1 //1 \'/ ,' L 1'>' '.J'7',. . :)(' -', L :''r' .')!/-., -,^