HomeMy WebLinkAbout6.0 Satisfaction of Conditions•
JOHN W. SAVAGE, IP.C.
Attorney at Law
April 26, 2001
Ms. Kit Lyon
Senior Planner, Garfield County
109 8th St., Ste. 303
Glenwood Springs, CO 81601
tE201 Railroad Ave. CEIVED APR 2 7 2001
P.O. Box 1926
Rifle, CO 81650-1926
970-625-1470; fax: 625-0803
email: SavageJW@rof.net
Re: Tamburello North Exemption Final Plat
Dear Kit:
Enclosed are the following to finalize the Tamburello North Exemption Final Plat
(paragraph nos. refer to your letter of 11/27/2004
2. Final Plat: waiting on final corrections and County Surveyor signature;
• j4. School Site Acquisition Fees of $600 are enclosed;
frietter from Rifle Fire Protection District re dry hydrant installation;
.2 Draft of Declaration of Access Easement and Road Sharing Agreement;
Copy of Garfield County Driveway Permit;
jjk >25% slopes are identified on the final plat;
11. See plat notes;
12. Well Permit No. 231204, Construction and Test Report, Pump Test, water test
results, and draft Well Sharing Agreement;
13. See plat notes;
xc: Greg and Anne Tamburello w/encl.
•
JOHN W. SAVAGE, IP.C.
Attorney at Law
April 26, 2001
Ms. Kit Lyon, Senior Planner
Garfield County Building & Planning Dept.
109 8th St., Ste. 303
Glenwood Springs, CO 81601
Re: Tamburello North Exemption
Dear Ms. Lyon:
•
201 Railroad Ave.
P.O. Box 1926
Rifle, CO 81650-1926
970-625-1470; fax: 625-0803
email: SavageJW@rof.net
RECEIVED APR 2 7.2001
The Tamburello North Exemption Request was given preliminary approval by the
County Commissioners on 11/27/00, which approval required submission of the Final
Exemption Plat by 3/27/01. A 30 day extension to 4/27/01 was granted on 4/2/01.
Finalizing the water well testing and the final plat have taken longer than expected.
Applicants request that the deadline for submission of the Final Exemption Plat be extended
an additional two weeks to May 11, 2001. Most of the final plat materials are being sent to
you under separate cover today or tomorrow.
Please advise if you need any additional information or need me or my clients to
appear before the County Commissioners in support of this request.
cerely,
W. Save
xc: g and Anne Tamburello
Scott Aibner
DEAF
WELL SHARING DECLARATION
THIS DECLARATION IS made and entered into this day of
2001, by Gregory J. Tamburello and Anne E. Tamburello, 1743 CR 210, Rifle, CO 81650;
Owner of Lots 1, 2 and 3 of the Cactus Valley Ridge Exemption Plat, as more particularly
described on the Plat thereof, recorded at Reception No.
WHEREAS, there is an existing well located on Lot 1 and/or 2 ("the Well"), Permit No.
231204, which Well is the domestic water supply for Lots 1, 2, and 3;
NOW, THEREFORE, Declarant declares the following:
1. Lots 1, 2 and 3 shall each be entitled to an undivided one-third (1/3) interest in said
Well, related improvements and water rights associated therewith; and are hereby granted a non-
exclusive Easement, as shown on said Plat, for access and utilities to said well. The intent of the
foregoing conveyance to be that the three (3) Lots shall each have an equal right to use an equal
amount of the water produced from the Well to provide in-house domestic water supply for one
(1) single family residence on each of the respective Lots to the extent permitted by law.
2. Any Lot Owner shall have the right to undertake, without the consent of the other Lot
Owners, all repairs and improvements reasonably required to alleviate an emergency whereby
water supplies are threatened or curtailed by emergency reasons or factors. Non -emergency
repairs, replacements, improvements and activities shall be made by mutual agreement. In the
event that Lot Owners cannot mutually decide upon what improvement, operation, maintenance,
or replacement activities are necessary and proper, any Lot Owner may provide notice in writing
of a list of repairs, improvements or replacements, together with a budget therefore. Unless the
other Lot Owners object in writing within fourteen (14) days of receipt of said notice, consent to
such shall be deemed conclusively given. In the event Objection is timely made, the Lot Owners
agree to mutually select one qualified professional engineer or well driller to make recommenda-
tions and a budget and to be bound by such recommendations and budget.
3. No outside usage of water shall be allowed.
4. Before any of the Exemption lots are sold, Declarant shall equip the well with a pump,
controls and a 10,000 gallon storage tank. Pumps, pressure tanks, and pipelines for supply to
individual lots shall be the responsibility of individual lot owners.
5. The Lot Owners agree to pay the common costs of maintenance, and improvement of
the Well, pump house and all other appurtenant facilities; each Lot Owner shall pay all expenses
and costs in accordance with their one-third (1/3) ownership interest. All costs and expenses
incurred by one Lot Owner shall be reimbursed to the paying Lot Owner within ten (10) days of
presentment of written statement of such charges. In the event any Lot Owner fails to timely pay
such costs, the non -defaulting Lot Owner(s) may pay the obligation of the defaulting Lot Owner,
and the Lot Owner in default shall then owe the non -defaulting Lot Owner the amount of the
Cactus Valley Ridge Exemption Plat *haring Declaration
04/26/01; Page 2 of 3
obligation, together with interest on said amount at the rate of eighteen percent (18%) per
annum; provided further that in addition to any other remedies provided by law for the collection
of such costs, the non -defaulting Lot Owner shall have the right to secure and receive payment of
any sums so advanced with interest, by a lien on a defaulting Lot Owner's parcel and, in the
event foreclosure of the lien, or any other collection proceeding, the right to reasonable attorney
fees and costs.
6. The Lot Owners agree to pay, in addition to the electric charges, Five Dollars ($5.00)
per month into an escrow account until this account reaches the balance of Seven Hundred Fifty
Dollars ($750.00). This escrow will be used for repairs and improvements to the Well. When a
draw for maintenance is made payment will resume until the balance again reaches Seven
Hundred Fifty Dollars ($750.00). This account shall have all Lot Owners, as authorized signers
and require the signatures of all Lot Owners to make a withdrawal. The place of the escrow ac-
count shall be made by mutual decision of the Lot Owners.
7. Each Lot Owner shall be solely responsible for all operation, maintenance and capital
costs associated with the delivery of water from the storage tank to their respective Lots.
8. All notices required or permitted hereunder shall be in writing and shall be deemed
given and received when (a) personally delivered, or (b) forty-eight (48) hours after the same is
deposited in the United States mail, addressed to the other Lot Owner at their address appearing
on the Garfield County Assessor's records or at such address as shall be designated by a Lot
Owner by written notice to the other Lot Owner.
9. The rights and obligations of each Lot Owner set forth herein shall be appurtenant to
the respective Lots, shall not be transferred separate and apart from said Lot, and shall be
deemed covenants running with the land for the benefit and burden of the Lots and shall be
binding upon heirs, successors, and/or assigns of the Lot Owners.
10. This Declaration contains the entire declaration concerning the subject matter herein
and supersedes all prior agreements, if any. Declarant or Lot Owners may incorporate the
provisions hereof into the covenants of a common interest community.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the date first
written above.
DECLARANTS:
Gregory J. Tamburello
Anne E. Tamburello
Date:
Date:
Cactus Valley Ridge Exemption Plat *haring Declaration
04/26/01; Page 3 of 3
•
STATE OF Colorado, COUNTY OF Garfield ) ss.
The foregoing instrument was acknowledged before this day of
, 20 by Gregory J. Tamburello and Anne Tamburello.
Witness by hand and official seal.
My commission expires:
SEAL:
Notary Public
• • DRAFT
EASEMENT DECLARATION
This Easement Declaration is made by Gregory J. Tamburello and Anne E. Tamburello
("DECLARANT"), whose address is 1743 CR 210, Rifle, CO 81650.
I. RECITALS
. WHEREAS, DECLARANT owns i following described real property, hereinafter referred to as
CACTUS VALLEY REIDGE EXEMPTION, located in Garfield County, Colorado, more particularly described
as:
T. 6 S., R. 93 W., 6th P.M.
Sec. 2: SE1/4NE1/4, N1/2SE1/4
ADDRESS: 1743 CR 210, Rifle, CO 81650
B. WHEREAS, the Cactus Valley Ridge Exemption, formerly known as Tamburello North Exemption,
requires an non-exclusive easement for access and utilities from CR 210; and
C. WHEREAS, DECLARANT, is the owner of the three (3) tracts of land known as Lot 1, Lot 2, and Lot
3, Cactus Valley Ridge Exemption Plat, and the N1/2SE1/4 of Sec. 2, T. 6S., R. 93 W., 6th P.M.; Garfield County,
Colorado and, by this Declaration, intends to grant and dedicate joint and common rights to the use of a private
driveway serving the Lots, and impose on the Lots, as covenants running with the land, the obligation to jointly
maintain the driveway serving said parcels.
THEREFORE, DECLARANT hereby declares the following non-exclusive rights to use of the following
described easement.
1. Declarant hereby creates and grants said non-exclusive easement, for access and utilities to the Cactus
Valley Ridge Exemption lots, as described on the Cactus Valley Ridge Exemption Plat, recorded in the office of the
Garfield County Clerk and Recorder at Reception No. , for use by the owners of the
respective Lots, their successors, assigns, agents, employees, tenants, guests and invitees, for a private access road,
and utility and drainage purposes, subject to the terms, conditions and provisions hereinafter set forth; more
particularly described as follows:
2. The easement shall be 60 feet in width, being 30 feet on each side of the centerline described herein.
3. This Declaration is made, without warranty of any kind, either as to title, authority, or as to the road's
quality, safety, condition, or future usability. To the extent this document is considered to be a conveyance, it shall
be considered a quit claim deed.
4. The easement shall be non-exclusive and appurtenant only to the above-described properties to which
access is granted by this Agreement. No right to this easement can be granted, conveyed or transferred, separate
from an interest in properties to which access is granted by this Agreement. This Declaration does not give the
Easement owners right to grant any right to the public for use of the easement without the express written agreement
of the DECLARANT.
8. The easement is subject to the following terms and conditions:
A. Declarant may incorporate said easement into a subdivision and use the easement for access to
other lots. Any such lots using this easement for access shall contribute proportionately to maintenance and repair
costs.
1
411r •
• •
Cactus Valley Ridge Easement Declaration
04/26/01; Page 2 of 2
B. Declarant may relocate one or more portions of the easement from time to time, but the
relocated easement shall be of similar character and utility.
C. Easement owners shall be solely responsible for any maintenance or repair deemed necessary
by them for use of the easement and shall repair, at their sole expense, any damage caused by their use. Declarant
shall not have any obligation to contribute to any such maintenance or repair. DECLARANT shall have no
obligation or duty to maintain the road. The costs of repair, maintenance, clearing, trash removal, snow plowing,
and other expenses of upkeep and preservation of the road easements shall be the sole responsibility of the owners of
said Lots, and such costs shall be shared by the owners of the respective parcels, in equal shares. Routine repairs,
paving, clearing, trash removal and snow plowing will be conducted from time to time, as deemed necessary by the
parcel owners.
D. This Easement shall be governed by and construed in accordance with the laws of the State of
Colorado and the Easement owners, by their use of the road, consent, subject to the following arbitration provision,
to the personal jurisdiction of the District Court of Garfield County, Colorado regarding any issues arising under this
agreement.
E. This agreement and the terms, conditions and provisions hereof may be enforced by the owners
of either of the benefited Lots, their successors and assigns. In the event that litigation or arbitration arises out of the
relationship created by this agreement or use of the easement, the prevailing party shall be entitled to reimbursement
for its reasonable attorneys' fees, expenses, and costs incurred in connection therewith.
F. Easement owners, shall hold DECLARANT harmless and indemnify DECLARANT from any
claim, demand, injury, damage, liability or obligation whatsoever resulting or arising from ROAD USERS use or
use by anyone under authority or invitation of Easement owners of the easement hereby granted, which indemnity
shall include reasonable attorney's fees, expenses and costs.
G. Any dispute arising under this Agreement or use of the Easement shall be resolved by binding
arbitration, pursuant to the Rules of the American Arbitration Association, or as otherwise agreed by the parties.
Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules of Civil
Procedure.
H. The owner of each Lot agrees that, upon request of any of the other owners, it will certify from
time to time to any person designated that there are no breaches of this agreement. If any party fails to respond to
such a request within ten (10) days of the date of the request, any existing breach of the agreement shall be deemed
waived by the non -responding party.
I. Declarant or subsequent Lot owners, may incorporate the terms hereof into the covenants of a
common interest community.
J. Under no circumstances shall road access be denied to or from any Lots over and across the
road easement for emergency vehicles, maintenance equipment, and government officials while on official business.
K.. This agreement shall be binding on the successors and assigns of the parties.
DECLARANTS:
Gregory J. Tamburello
Anne E. Tamburello
Date:
Date:
STATE OF Colorado, COUNTY OF Garfield ) ss.
The foregoing instrument was acknowledged before this day of , 20_, by
Gregory J. Tamburello and Anne Tamburello.
Witness by hand and official seal.
My commission expires:
SEAL:
Notary Public