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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) ➢ Subdivision Name: 360,,, PQ ep ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat ➢ Name of Property Owner (Applicant): ➢ Address: /5ga CL 33 ➢ City: -p/e., State: CO Zip Code: S//pSO FAX: 970 loaS-a' Telephone: q70 -&as - 96/d7 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): c) - • Address: Address: Telephone: ➢ City: State: Zip Code: FAX: ➢ Name of Engineer: M OU.Aci&.t i &io< J ➢ Address: g ais Ya aq.a.bid Telephone: 4 70 9 L/5 -55N ➢ City: Cyilyl u l0ryi State: _ejJ Zip Code: pica FAX: 4 70 4'JS 555 ➢ Name of Surveyor: q.SP rL uj ➢ Address: Jag Ltb.rwL Telephone: 170--? 5- 37J/ ➢ City: -4( State: ev Zip Code: 316)60 FAX: 64411s ➢ Name of Planner: ➢ Address: k.)l Telephone: ➢ City: State: Zip Code: FAX: • GENERAL INFORMATION continued... • Location of Property: Section oe 4. 3 Township to S Range 93 LJ • Practical Location / Address of Property: 1 S $ a, 042_ a33 Pi f le, Co $JLo5o ➢ Current Size of Property to be Subdivided (in acres): (63.7 .99 • Number of Tracts / Lots Created within the Proposed Subdivision: q ➢ Property Current Land Use Designation: 1. Property's Current Zone District: ,tet /I)Rb 2. Comprehensive Plan Map Designation: tom_ Proposed Utility Service: ➢ Proposed Water Source: , Li 2d L `� 1 (q) • (See "Attachment C" to be completed wiYh the Preliminary Plan Application) ➢ Proposed Method of Sewage Disposal: Radia 1 aGuntuk zactz' a33 aawS/2_,-ili-edifeeki)k Lus..,s4- L'- Co 1.142.4 ➢ Total Development Area (fill in the appropriate boxes below): • Proposed Public Access VIA: ➢ Easements: Utility: Ditch: Residential Units /'Lots+ Single -Family Duplex Lt Size (Acres) 003,4 -Alley/ zi E .'Parking Provided Multi-Fai ly' obit Ho it (o3.(799 Moor Area (sq..ft.) Size (Acres) Parking Provided (2) Commercial .Industrial"' (4) Public / Quasi -Public (5) Open Space / Common Area Total ��A ➢ Base Fee: Sketch Plan - $325.00; Preli Plan - $675.00; Final Plat - $200; Plat Review Fee 2 • • and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at • the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. • • Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-county.com/buildinq and planninq/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of appli nt/owner Last Revised: 07/25/2005 8 %-17-05 Date • • 3, ,1-1--L WEED MANAGEMENT PLAN • Jame. DD/ i s Physical Address of Property: / 512 (! % 1. Pre -application on site visit by Ga field County Vegetation Management (624601) MUST be verified by signature below before application is accepted and at least two weeks prior to weed treatment Make an early. appointment' Garfield County Vegetation Management / 2. Targeted weed /�u S s t ct vl aP w e e dl on /y (�{ j' C e� -rO, e n c C) 3. Current amount of infested land (acres) /e' 5 ica r e pQ F s c.h.o s 4. Amount of infested land to be managed a 5. Describe the areas that you propose to treat. Be specific. — a_ b r roe 1/4..3 a 1/4./ 6. What methods of treatment will you use? a. Herbicides List product name and rated timing of application. ' S e a. I �/ - %) 11�- / Qa cJ e I ,471 >e 42_ v 11 i c e i ii c c t� b. Grazing. Describe grazing plan and timing. ief- 5_ a I%,,. u/' LL ilk ATV 5toca.er c. Mechanical. Describe method. (mowing, cutting, pulling) l�%c ll cti iLz i f t d. Alternative methods. What, when, and where. • e. Revegetation. What you plan to seed and when. 7. I plan to use the services of a professional weed control company. Company name: B. Additional information: v pee V A04-1 c4-toPE- • • • • RELEASE FOR WFC MANAGEMENT PROGRAM ALL PARTICIPANTS WHO EIT Hi,R APPLY PESTICIDES OR OWN LAND UPON WHICH PESTICIDES ARE APPI.IFD UNDER THIS PROGRAM MUST SIGN THIS RELEASE. 1. The mdersigned releases the Board of County Commissioners of Garfield County, the Garfield County Vegetation Management Department; the Garfield County Weed Advisory Board, the Natural Resources Conservation Service, the Bookciiffs, Mt Sopris, and Southside Conservation Districts, and all members thereof either in their personal or official capacities from any liability whatsoever, resulting from any injury to the undersigned, or any of the undersigned's property, either real or personal, resulting from the undersigned's participation in the Weed Management Cost Share Program. 2. The undersigned is a volunteer who undertakes any activities at his/her own risk, assuming any responsibility for any loss or injury whatsoever suffered or incurred by the undersigned volunteer. 3. The undersigned volunteer is over 18 years of age and is aware that pesticides are a controlled and dangerous substance. Further, application of pesticides under any circumstances is a hazardous activity, even if performed by a knowledgeable and certified applicator. The undersigned, aware of these factors, completely assumes the full risk and liability which could result from his/her participation in the Weed Management Cost Share Program, either as a volunteer applicator, or as a landowner. 4. The volunteer acknowledges that there may be hazards or conditions not immediately apparent to the volunteer or any affected landowner. 5. The volunteer releases all of the parties, specifically named in paragraph #1 above from any liability or loss or injury suffered by the volunteer resulting from all hazards or conditions, whether the hazards are apparent upon inspection, or not apparent upon inspection. Further, volunteer agrees to fully defend and indemnify the parties specifically named in paragraph #1 above from any claim or lawsuit or loss by any third parties resulting from volunteer's participation in the Weed Management Cost Share Program. 6. Volunteer hereby certifies that he/she will strictly adhere to label restrictions of chemical (s) used. Volunteer landowner or Applicator certifies that if restricted pesticides are used, they will be applied by a certified applicator, who will be: Name: A/jr} EPA Card # Volunteer Landowner's Vb1 r i /1 Vo unteer Landowner's Printed Name /,1(e , (e ‘3,,s0 Mailing Address Date 9- /-© s 6 Exp. Vol $ teer Applicator's Signa Oh 1 i'u- Volunteer Applicator's Printed Name /5-'Y-e,e233 lT i �e Y1/Z, S'c7 Mailing Address ' Date 9-/9-e95— • • 1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and A't,h; rz c rr 1 �ax (hereinafter APPLICANT) agree as follows: J 1. APPLICANT has submitted to COUNTY an application for ,e70 rn s /6te 5jt C!/(/%S/oma � ) n �% p1/4.1 -(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of •onsulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: /2 -- / % - C�5 .71-7L /K c/ I-1,-; 1-- lit Print Name Mailing Address: /55-A eRW • Page 4 • • • DECLARATION OF PROTECTIVE COVENANTS BOOMS PLACE SUBDIVISION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by ROBIN J. FRITZLAN on the day and year hereinafter set forth. WITNESSETH: The undersigned, owner in fee of that real property described as Lot 1, Lot 2, Lot 3 and Lot 4, Booms Place Subdivision, Garfield County, Colorado, desires to subject and to place upon said real property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting the value and desirability of said property, for the purpose of furthering the development of the property and in order to comply with conditions of approval of Garfield County for the Booms Place Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declares that Lot 1, Lot 2, Lot 3, and Lot 4 Booms Place Subdivision, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Pets One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. In the event this covenant is violated, any owner in the lot not in violation may take such action as is reasonably necessary to correct the violation, including injunctive relief for the removal of any pets creating a violation of this covenant. Dogs shall not be permitted to harass or chase wildlife. ARTICLE 2 Fireplaces No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. ARTICLE 3 Lighting All exterior lightning will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. • ARTICLE 4 Agricultural Living Colorado is a "Right -to -Farm" State pursuant to C.R.S. § 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. ARTICLE 5 Fencing • All fencing should be constructed to be consistent with wildlife friendly fencing standards • used by the Division of Wildlife which includes, but is not limited to, the following: a, For wire fencing, a maximum height of 48" with no more that 4 strands and a 12" kickspace between the top two strands is sufficient. b. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. c. Mesh fencing is strongly discouraged, as it significantly impairs wildlife movement. ARTICLE 6 Driveways Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. Addresses are to be posted where the driveway intersects with the County Road. If a shared driveway arrangement is used, the address for each home should be posted at the County Road and on the individual residences to clearly identify each address. Letters are to be a minimum of 4 inches in height, 1/4 inch in width and contrast with the background colors. 2 • ARTICLE 7 Combustible materials • • Combustible materials should be thinned from around structures so as to provided a defensible space in the event of a wild land fire. ARTICLE 8 Water Use Restrictions Water use on each Lot is restricted to use by one residential unit of up to four bedrooms and irrigation of up to 5,000 square feet of landscaping. ARTICLE 9 Additional Conditions of County Approval The use of all Lots shall be in strict accordance with the conditions of approval and Plat restrictions contained in the County Resolution approving the Booms Place Subdivision, including but not limited to, ISDS Operation and Maintenance Plan, Wildland Fire Home Fuel Mitigation Plan, and Weed Management Plan approved by the Weed Management Director of Garfield County. All Lot Owners shall use and occupy their respective Lots in conformity to all governmental regulations applicable thereto. ARTICLE 10 Enforcement Any aggrieved owner of a lot within the Booms Place Subdivision shall have the right to enforce any of the provisions, covenants, conditions and restrictions contained in this declaration against the owner of the other lot. The right of enforcement shall include the right to bring an action for damages, as well as an action to enjoin any violation of any provision of this Declaration. Each remedy provided under this Declaration is cumulative and not exclusive. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys fees and expert witness fees. ARTICLE 11 Governing Law This Declaration shall be construed and governed under the laws of the State of Colorado. 3 • • • ARTICLE 12 Severability Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision. ARTICLE 13 Term of Declaration Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind the land, and shall be effective for a period of twenty (20) years after the date this Declaration is recorded, and thereafter shall be automatically extended for successive periods of ten (10) years each, but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the Booms Place Subdivision, with the approval of the Board of Commissioners of Garfield County, Colorado. ARTICLE 14 Binding Effect This Declaration shall be binding upon and inure to the benefit of the declarants and their successors in interest and ownership of Lot 1, Lot 2, Lot 3 and Lot 4, Booms Place Subdivision, and to any person or entity having any right, title or interest in either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing Declaration of Protective Covenants for the Booms Place Subdivision shall be effective the date set forth below. DATED this day of , 2005. ROBIN J. FRITZLAN STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this by ROBIN J. FRITZLAN. Witness my hand and official seal. My commission expires: 4 day of , 2005, Notary Public ATTACHMENT C Page 11 (This may be required before our review is completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM jr SEPTIC TANK/LEACH FIELD ❑ LAGOON YES or NO PLEASE FORWARD WITH THIS FORM. ❑ ENGINEERED SYSTEM (Attach a copy of engineering design.) ❑ CENTRAL SYSTEM DISTRICT NAME: D VAULT LOCATION SEWAGE HAULED TO: O OTHER: •FORM NO. GWS -76 02/2005 WATER SUPPLY INFORMATION SUMMARY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1313 Sherman St., Room 818, Denver, CO 80203 Phone — Info (303) 866-3587 Main (303) 866-3581 Fax (303) 866-3589 http://www.water.state.co.us Section 30-28-133,(d), C.R.S. requires that the applicant submit to the County, "Adequate evidence that a water supply that is sufficient in terms of quantity, quality, and dependability will be to available ensure an adequate supply of water." 1. NAME OF DEVELOPMENT AS PROPOSED: gOC1)1 s tad 2. LAND USE ACTION: _5(/'. iz, _s/ o.,<._ / j 0 3. NAME OF EXISTING PARCEL AS RECORDED: SUBDIVISION: , FILING (UNIT) , BLOCK LOT 4. TOTAL ACREAGE: 6s.7 11 , 5. NUMBER OF LOTS PROPOSED 7 PLAT MAP ENCLOSED?',® -YES or ■ NO 6. PARCEL HISTORY— Please attach copies of deeds, Oats, or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? B. Has the parcel ever been part of a division of land action If yes, describe the previous action: ■ YES or since June ■ 1, NO 1972? ❑ YES or ❑ NO 7. LOCATION OF PARCEL — Include amap delineating the_project area and tie to a section corner. 1/4 of the 1/4, Section d,'-3 Township / • N , or1Z S, Range 93 ■ E 6-71,1N Principal Meridian: Optional GPS Location: must be meters, Datum •Sixth GPS •New Mexico Unit must use be NAD83, Elite the following ■Costilla settings: Format must be UTM, Units Easting: must Unit must be set to true N, ❑ Zone 12 or ❑ Zone 13 Northing: . PLAT — Location of all wells on property must be plotted and permit numbers Surveyor's Plat: • YES or ■ NO If not, scaled hand drawn sketch: provided. ■ YES or ■ NO 9. ESTIMATED WATER REQUIREMENTS 10. WATER SUPPLY SOURCE USE WATER REQUIREMENTS ■NEW WELLS -■ EXISTING ■ DEVELOPED HOUSEHOLD USE # of units Gallons per Day Acre -Feet per Year WELL SPRING PROPOSED AQUIFERS- (CHECK ONE) COMMERCIAL USE # of S. F WELL PERMIT NUMBERS 0 ALLUVIAL 0 UPPER ARAPAHOE 0 UPPER DAWSON 0 LOWER ARAPAHOE 0 LOWER DAWSON 0 LARAMIE FOX HILLS IRRIGATION # of acres ❑DENVER ❑DAKOTA 0 OTHER: STOCK WATERING # of head ,'MUNICPAL OTHER: • ASSOCIATION WATER COURT DECREE CASE TOTAL • COMPANY NUMBERS: • DISTRICT / NAME V dt 41 / r( e LETTER OF 6OMMITMENT FOR SERVICETYES or ■ NO 11. WAS AN ENGINEER'S WATER SEIPP' Y RFPnPTnwGI non') r'l „- ,,. (This may be required before our review is completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM jr SEPTIC TANK/LEACH FIELD ❑ LAGOON YES or NO PLEASE FORWARD WITH THIS FORM. ❑ ENGINEERED SYSTEM (Attach a copy of engineering design.) ❑ CENTRAL SYSTEM DISTRICT NAME: D VAULT LOCATION SEWAGE HAULED TO: O OTHER: April 4, 2005 Chris Hale, PE Mountain Cross Engineering, Inc. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 RE: August 1st, 2002 Agreement between Robin J. Fritzlan and the City of Rifle Dear Chris: As an authorized representative of the City of Rifle water system, the purpose of this correspondence is to inform you that the water system does in fact possess an adequate legal and physical water supply to provide four water taps to Robin J. Fritzlan, per the requirements of the Colorado Department of Public Health and Environment and the Office of the State Engineer. Providing these taps is based on and subject to the "Special Warranty Easement Deed and Agreement" between Robin J. Fritzlan and the City of Rifle entered into on August 01, 2002. One of these taps is existing and three additional taps are planned. It is my understanding that these taps are to be provided to Robin J. Fritzlan as part of the proposed Booms Place Subdivision. If you have any questions, please give me a call at 625-6223. Bill Sappington, P.E. Public Works Director CITY OF RIFLE 202 RAILROAD AVENUE • P.O. Box 1908 • RIFLE, CO 81650 WWW . R I F L E C O. O R G • • November 21, 2005 NOV 2 1 2005 Mr. Fred Jarman Garfield County Planning 108 8t Street, Suite 201 Glenwood Springs, CO 81601 RE: Slope Analysis for Booms Place Subdivision Dear Fred: MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN In response to Item #3 in your letter dated November 17, 2005, the attached exhibit shows the slope analysis for Booms Place Subdivision. Using the project topography, slope grades were separated into three categories of varying degrees of steepness. The setbacks were adjusted on Lot 3 and Lot 4 to be 100 feet away from the toe of the 37% or greater slope. This adjustment is reflected on the Final Plat by the boundaries of the building envelopes. If it pleases the Board of County Commissioners, accept this letter and exhibit as explanation of how the slope setbacks were incorporated into the final plat. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain oss Engineeririg, Inc. ,LA Chris Hale, PE C: Robin Fritzlan Attachment 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com DATE SCALE '14r VtakiL 11°' 416 A61404A41*AlAilkkA11474‘kka\r`4,; Aultirinspb141,, 4himai -4`t" ,4 11/21/05 1" = 300' ENGINEER Chris Hale DWG FILE PreDesign JOB 500-001 LEGEND SLOPES: 0% TO 37X SLOPES: 37% TO 40% SLOPES: 40% OR GREATER BOOMS PLACE SUDIVISION SLOPE ANALYSIS Robin J. Fritzlan 300 SCALE 150 0 300 MOUNTAIN CROSS -t—mow. m" ENGINEERING, INC. IIICivil and Environmental Consulting and Design 826 1/2 Grand Avenue Glenwood Springs, CO 81601 ,_ ph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com STUVER, LEMOINE & CLI N, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, CO 81650 TRANSMITTAL LETTER IIELEPHONE 970-625-1887 FAX 970-625-4448 DATE: November 11, 2005 TO Robin Fritzlan *****PICKED UP BY HAND***** RE: Booms Place Subdivision DOCUMENTS SUBMITTED: X Revised Declaration of Protective Covenants Booms Place Subdivision TRANSMITTED: X For your approval and use OTHER MESSAGE: PLEASE NOTE REVISION TO ARTICLE 1 AND ADDITION OF NEW ARTICLE 9 Very truly yours, Stuver, LeMoine & Clifton, P.C. By: UUi,/pac Enclosure Daniel D. LeMoine NOV 1 5 2005 Garfield Cty Treasurer - Receipt of Tax went Receipt 5004622 ACCOUNT: R210740 PARCEL NO: 2177-022-00-279 DATE RECEIVED: 02/25/2005 RECEIVED BY: JR FRITZLAN, ROBIN J 1582 COUNTY ROAD 233 RIFLE, CO 81650-8735 DESCRIPTION: SECT,TWN,RNG:2-6-93 DESC: TR IN SWNW & NWSW & SEC 3 SENE PRE:R210711 BK:1456 PG:810 RECPT:624817 BK:1441 PG:372 RECPT:621794 BK:1382 PG:463 RECPT:609859 BK:1382 PG:462 RECPT:609858 BK:1233 PG:732 RECPT:576544 BK:0817 PG:0846 PG:0303 BK:0662 PG:0435 BK:0662 PG:0427 PAYOR: REFERENCE: WASHINGTON MUTUAL HOME LOANS INC CHECK TP05023.TXT BATCH -42050225110235 -196 -JR 2004 TAX BK:0755 TAX PAYMENT FIRST HALF 184.58 RECEIPT TOTAL $184.58 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Garfield County Treasurer P. O. Box 1069 Glenwood Springs, CO 81602-1069 Garfield Cy Treasurer - Receipt of Tax hent Receipt 5013931 ACCOUNT: R210740 PARCEL NO: 2177-022-00-279 DATE RECEIVED: 06/08/2005 RECEIVED BY: JB FRITZLAN, ROBIN J 1582 COUNTY ROAD 233 RIFLE, CO 81650-8735 DESCRIPTION: SECT,TWN,RNG:2-6-93 DESC: TR IN SWNW & NWSW & SEC 3 SENE PRE:R210711 BK:1456 PG:810 RECPT:624817 BK:1441 PG:372 RECPT:621794 BK:1382 PG:463 RECPT:609859 BK:1382 PG:462 RECPT:609858 BK:1233 PG:732 RECPT:576544 BK:0817 PG:0846 PG:0303 BK:0662 PG:0435 BK:0662 PG:0427 PAYOR: REFERENCE: WASHINGTON MUTUAL HOME LOANS INC CHECK LAMER2ND.TXT BATCH -5050608112726 -190 -JB 2004 TAX BK:0755 TAX PAYMENT SECOND HALF 184.58 RECEIPT TOTAL $184.58 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Garfield County Treasurer P. O. Box 1069 Glenwood Springs, CO 81602-1069 • • Mountain Cross Engineering, Inc. Civil and Environmental Consulting and Design 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 Ph: 970.945.5 544, Fax: 970.945.5558 LETTER OF TRANSMISSION DATE: 11/15/05 TO: Shona Hoffmiester FROM: Chris Hale RE: Booms Place Subdivision — Final Plan - Revised Attached are two (2) copies of the Final Plans for Booms Place Subdivision. Please copy and distribute as necessary. The plans have been revised to incorporate the comments from the letter by Fred Jarman, dated November 8, 2005. Feel free to call if you have any questions or comments. Dec. 14. 2005 9:49AM Soer, LeMolne and Burwel 1, P C ip No. 4822 THOMAS W.STUVER DANIEL D. LEMOINE BARBARA L. CLIFTON FACSIMILE TRANSMISSION COMPLETED THIS DATE AT A.M. / P.M. BY STUVER, LeMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 FACSIMILE COVER SHEET DATE: December 14, 2005 NUMBER OF PAGES (including cover sheet): 20 TO: Fred Jarman FAX NUMBER: 384-3470 FROM: Dan LeMoine RE: Booms Place DOCUMENTS SUBMITTED: Revised SIA Transmitted: Please: For review and approval For signature For Service _X_ As Discussed TELEPHONE 970-625-1887 FAX 970426-4448 Sign and return Call upon receipt/review X_ Call if any questions IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (970) 625-1887. OTHER MESSAGE: Please insert Resolution No. Original will be delivered shortly. Thank you. CONFIDENTIALITY NOTE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. Dec. 14, 2005 9:49AM •er LeMoHe and Burwel 1, P C No, 4822 BOOMS PLACE SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS BOOMS PLACE SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of , 2005, by and between ROBIN J. FRITZLAN, ( "OWNER") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ( the "County"). WITNESSETH: WHEREAS, Owner is the developer of a parcel of real property known as the BOOMS PLACE SUBDIVISION which property is depicted on the Final Plat of the BOOMS PLACE SUBDIVISION (the "Final Plat"). WHEREAS, on September 12, 2005, the County approved a Preliminary Plan for the BOOMS PLACE SUBDIVISION (Resolution No. , "Preliminary Plan Approval") which would create four residential parcels; and WHEREAS, as a condition of approval of the Final Plat for the BOOMS PLACE SUBDIVISION, Owner wishes to enter into this Subdivision Improvements Agreement with the County. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for the BOOMS PLACE SUBDIVISION, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed, or shall cause to be constructed and installed, at Owner's expense, those subdivision improvements ("Improvements") related to the Final Plat for the BOOMS PLACE SUBDIVISION which are required to be constructed under the Preliminary Plan Approval, this Agreement, and all Garfield County Zoning and Subdivision Regulations. Owner shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, all of which are incorporated herein by this reference ("Final Plat Documents"); b. All requirements of the Preliminary Plat Approval, including all Garfield County Zoning and Subdivision Regulations applicable to this project; 1 ,Deo, 14: 2005 9:49AM •er1 LeMoine and Burwell, P C ip No. 4822 P. 3 c. All laws, regulations, orders and resolutions of the State of Colorado, the County of Garfield, and any and all special districts within which the BOOMS PLACE SUBDIVISION may be located; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Owner and their engineers in furtherance of the application for the approval of the BOOMS PLACE SUBDIVISION, as heretofore approved by the County, including: All Improvements shown on the BOOMS PLACE SUBDIVISION construction drawings prepared by Mountain Cross Engineering, Inc. on October 3, 2005, and submitted to Garfield County. Said Improvements include those items set forth on the certified Engineer's Estimate of Cost of Completion, attached hereto and incorporated herein as Exhibit A. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the Improvements. f. All such Improvements shall be completed before issuance of a building permit, and in any event, before one year from the date of execution of this Agreement. The provisions of the Special Warranty Easement Deed and Agreement, dated August 1, 2002, between Owner and the City of Rifle, recorded as Reception No. 621794, in Book 1441, at page 372, a copy of which is attached and incorporated herein as Exhibit B ("City Water Agreement"). g. The County agrees that if all required improvements are installed in accordance with the Final Plat documents, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the requirements of the Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terns and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the installation of Improvements. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat of BOOMS PLACE SUBDIVISION with the Garfield County Clerk and Recorder, Owner shall deliver a Letter of Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost of completing the BOOMS PLACE SUBDIVISION Improvements, as set forth by a licensed engineer on Exhibit A attached hereto is $6,705.00. Of that amount, construction and design services in the amount of $3,325.00 have been completed and invoices for those amounts have been paid. The engineer has set forth and certified those Improvements, as shown on Exhibit A, to be complete. A Letter of Credit will be issued in the amount of $3,380.00 to guarantee completion of the remaining Improvements. The Letter of Credit required by this Agreement shall be issued by a state or national banking 2 Dec. 14. 2005 9:50AM •er LeMoine and Burwell, P C illo No. 4822 P. 4 institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business within the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of the Uniform Commercial Code -Letters of Credit §§ 4-5-101, et seq.,C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the Improvements set forth herein. If the time for completion of Improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the Improvements, this Agreement shall become void and ofno force and effect, and the Final Flat shall be vacated pursuant to the term of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the Improvements required hereunder are completed to the satisfaction of the County. Certification of completion of Improvements adequate for release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat Documents. Upon submission of a certification of completion of Improvements by the Owner, the County may inspect and review the Improvements certified as complete, to determine whether or not said Improvements have been constructed in compliance with the relevant specifications. If the County determines that all or aportion of the Improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which Improvements are potentially deficient. If no letter of potential deficiency is furnished within the said fifteen (15) day period, all Improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the Improvements that were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvement as potentially deficient, then all Improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified Improvements that are not identified as potentially deficient in the letter. With respect to any Improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of deficiency to Owner. If the County finds that the Improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the Improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. 3 .Dec.11, 2005 9:50AM •er, LeMoine and Burwell, P C • 0.4822 P. 5 Upon completion of all Improvements, Owner shall submit to the Board of County Commissioners of Garfield County as -built drawings bearing the stamp of Owner's professional engineer certifying that all Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat Documents. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the Improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for BOOMS PLACE SUBDIVISION shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 5. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the Improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 6. WAl'ER SYSTEM. It is specifically understood and agreed that City of Rifle water taps are available for use on all lots within Booms Place and that one water tap is activated and in use for Lot 3. Water taps for domestic and irrigation usage are available for Lots 1,2 and 4 through the City of Rifle municipal system, as detailed in Paragraph 3 of the City Water Agreement, Exhibit B. Owner affirms that the Final Plat includes notice of the application of the City Water Agreement to Booms Place as a plat note and that Owner will provide written notice to all potential purchasers of the availability of taps, the expiration date of the City Water Agreement as to provision of taps without payment ofthe City Water System Improvement Fee, the liability ofpurchaser for cost of connection and compliance with the Rifle Municipal Code and the Public Works Manual, and the imposition of out -of -city water rates pursuant to the Rifle Municipal Code until annexation of the lot(s) into the City. 7. SALE OF LOTS. No parcels within the BOOMS PLACE SUBDIVISION may be separately conveyed prior to recording of the Final Plat in the records for the Garfield County Clerk and Recorder. 8. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any residence or other habitable structure requiring a permit, [and any structures requiring building permits on the 4 ,Dec.14, 2005 9:51AM •er, LeMoine and Burwell, P C io No.4822 P. 6 Open Space/Common Area parcels] to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the City of Rifle Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes [and all applicable District fees have been paid to the District]. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within the Subdivision until all on-site [and off-site] Improvements have been completed and are operational as required by this Agreement. 9. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy, and the provisions for release of security detailed above, it is mutually agreed by the County and the Owner that the County, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the County to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the County. 10. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the County a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the County may vacate the plat, or portions thereof, by Resolution. 11. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 12. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the County. 13. FEES IN LIEU OF DEDICATION OF SCHOOL LAND, The Owner shall make a cash payment in lieu of dedicating land to the RE -2 School District, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. [The cash in lieu payment is equal to the unimproved per acre market value of the land multiplied by the land dedication standard, multiplied by the number of units in the Subdivision]. The Owner and the County acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as $200.00 per unit, The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of 5 •Dec. 14, 2005 9:51A V (Der, LeMoine and Burwel 1, P C • No. 4822 P. 7 recording of the Final Plat, $600.00 as a payment in lieu of dedication of land to the RE -2 School District. Said fee shall be transferred by the County to the school district in accordance with the provisions of §30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -2 School District. 14. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to Owner: Robin J. Fritzlan 1582 County Road 233 Rifle, Colorado 81650 If to the County: Board of County Commissioners c/o Mark Bean, Garfield County Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 15. AMENDMENT. This Agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Print Name: Chairman 6 Dec. 14; 2005 9:51AM Slier, LeMoHe and Burwell, P C Al UST: Mildred Alsdorf, Clerk and Recorder Garfield County, Colorado STATE OF COLORADO )ss. COUNTY OF GARFIELD • No, 4822 ROBIN J. FRITZLAN Subscribed and sworn to before me by ROBIN J. FRITZLAN, this day of , 2005 WITNESS my hand and official seal. My commission expires: Notary Public 7 ,Dec. 14. 2005 9:51AM •er, LeMoine and Burwell, P C FROM :MountainCrossEng,Inc • o. 4822 F. 9 FAX NO. :9709455558 Dec. 13 2005 05:52PM P2 Booms Place Subdivision Engineers Opinion of Probable Construction Cost December 13, 2005 Description quantity Units Price - . Cost o Complete Remaining Cost Roadway 50 CY 3,00 $ 150 --707—$-----= Cut Fill $0 CY 3.00 $ 1h'0 100% $ • - ubg Preparation 1300 SY 0.65 $ 1,105 100% $ - Base Course S4') 35 TONS 25.00 $ 875 100% $ - - Road Side Ditch 500 LF 1.00 $ 500 0% $ 500 Subtotal • $ 2)7$0 _ Storm Drain _ 15' Culvert 2• LF ?5,00 $ 625 100% $_ - Riprap 4 CY 40.00 $ 160 o%$ 160 Drainage titch 1000 LF 1.00 $ 1,000 10% $ 900 Detention Pond 1 LUMP 1,000.00 $ i,000 0%_ $ i,000 Erasion Control 1 LUMP 250.01) $ 250 0% $ 250 Subtotal $ 3,035 Miscellaneous Construction Replace Topsoil & Roveietate 1 LUMP 250.00 $ 250 0% $ 250 MahBization (3°h) 1 LUMP 181:9 320 ' '100% • • $ - Subtotai 570 Zonstructioti Contingency W/4 1 'LUMP 319.25 $ 320 0% $ 320 , Tatar = 6,705 $ 3,380' 1. Cut end All ....Amos are for the road only. Grading for pond assumed In pond prlCo. 2. Road sUrfOCo 031411st@d st 4' base coulee. 3, pry utility and gas coals are eszumod to bo by Individual hnmo owners. Inst<aAaiion Is not included above. 4_ Revegetation is eased on dislurtod aroa, estimated lo be 0.7 a;,res. 5. Mountain Cross Eraneerfnq, Inc, has no manual over the goat of labor, materials, equipment, services furnished by others, or market cOndlttona therofdro does not quArintee that proposaltr, bids, or actual construction colt will not vary from the above opinion of cost • October 20, 2005 Booms Place Subdivision Robin Fritzlan 1582 CR 233 Rifle, CO 8165D 970-625-4616 Garfield County Building and Planning Department Fred A. Jarman, AICP Assistant Planning Director 108 8th Street Suite 201 Glenwood Springs, CO 81650 RE: Booms Place Subdivision Final Plat Dear Mr. Jarman, I am submitting all the conditions the Board of County Commissioners requested at the Preliminary Plan Application. I have enclosed all the requirements needed for completion for the Final Plat and application along with a check for the Final Plat application fee, and one for the School Land Dedication fee. If you have any questions or concerns, please be sure to give me a call at 970-625-4616. Its been a pleasure working with you. Sincerely, i c Robin J. Fritzlan Booms Place Subdivision •