HomeMy WebLinkAbout2.0 Subdivision Improvment AgreementsRECORDED A ' Y
FEC A 4.30568
vet. {2"M" JAN 7 1992
MILDRED *LSD,) • COUNTY CLERK
iotOnk M21 PA% 53
SUBDIVISIt ►N IMPROVEMENT AGREEMENT
TIIIS AGREEMENT made and entered into this 1 I day of December, 1991,
by and between JOHN J. STANFORD and WAYNE G. RUDD ("Owners") and the Board of
County Commissioners of Garfield County, Colorado ("County")
RECITALS
A. Owners desire to subdivide certain real property located in Garfield County,
Colorado, more particularly described on Exhibit A attached hereto.
13. As a condition of the issuance of Final Plat Approval, tit:: parties have agreed to
enter into this Subc'ivision Improvement Agreement in order to assure the completion of the
improvements set Orth in Exhibit B attached hereto.
AGREEMENT
1. Owners agree that they shall construct and install at their sole expense each of the
imnrnvemen(s described in Exhibit 13 (the "Improvements") according to specifications contained
therein, awl that such Improvements shall be completed on or before
1992
2. In order to assure the completion of the Improvements described in Exhibit B,
Owners shall deposit with the County, the sum of $3,000, (the "deposit") which deposit may be
used by the County to complete j,he Improvements should Owners fail to complete such
Improvements by t9r» S; , 1992.
i
3. Fhe cost for such improvements as set forth in Exhibit B are based on engineering
estimates which the County herewith finds to be reasonable and are hereby approved and
accepted by County.
4. The engineering firm of High Country Engineering, Inc., ("HCE") shall submit
to the County one or more certificates stating that one or more of the improvements have been
completed according to the specifications related thereto, and shall therein allocate to such
Improvements sums representing the cost of completion thereof (the "Certificates of
Completion"). The County, at its option, may inspect the same and within 30 days thereof
notify Owners of its acceptance or rejection of the certification in writing. Notice of rejection
shall specify in detail the reasons for such rejection and specify any corrective measures
acceptable to the County.
5. Upon acceptance of the Certificate of Completion of any of the Improvements and
statement of the cost allocated to such Improvement provided by HCE, the County shall
distribute to Owners the amount set forth in the Certificate of Completion.
6. Notices required to be give hereunder shall be sufficient if personally delivered
or placed in the United States mails with first class postage prepaid and addressed as follows:
to Owner:
to County:
John J. Stanford and Wayne G. Rudd
c/o Wayne G. Rudd
11631 Hwy 82
Carbondale, CO 81623
Board of County Commissioners
109 8th Street, Suite 301
Glenwood Springs, CO 81601
hrox 821 roq 54
7. In addition to any rights provided to any purchasers of lots within the Subdivision
by statute, such purchasers shall have the right to apply to the District Court in and for Garfield
County to compel the enforcement of this Agreement, including the right to rescind any sale,
conveyance or transfer of any lot in the Subdivision based on a failure of Owner to complete the
Improvements or the County to enforce the terms of this Agreement, In the event that no action
is commenced before the issuance of the final Certificate of Completion and acceptance thereof
by the County, any purchaser's right to commence an action shall be hereafter forever
extinguished.
8. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above mentioned.
By
Jafin J. S •• . rd
By:
Wayne',G. Rudd
BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY
By:. .-tJ..- e .l Z.-- .4.4' --
Chairman
attest: (/'
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Exhibit "A"
PROPERTY DrscRIPTION
ORDER NO: 90017603 C2
A parcel of land situated in Government Lots 9 and 10, Section
1, Township 7 South, Range 89 West of the Lith P.M., County of
Garfield, State of Colorado, bei more particularly described
as follows:
NOTE: For the purpose of this description all bearings
contained herein shall be relative A bearing of N. 0 degrees
15'00" E. on the East line of Lot 3, of said Section 1.
Commencing at the corner common to Government Lots 8, 9, 18, and
36 of said Section 1, which is monumented by a brass cap
witness corner N. 1 degree 14'00" E. 10.00 feet, in place and
marked LS 10732;
thence along the East line of said Lot 18, S. 1 degree 14'00" W.
252.06 feet to the TRUE POINT OF BEGINNING;
thence continuing along the East line of said Lot 18, S. 1 degree
14'00" W. 59.98 feet;
thence N. 87 degrees 47'00" W. 286.12 feet;
thence N. 36 degrees 50'00" W. 549.73 feet;
thence N. 52 degrees 31'00" E. 192.x6 feet to the southwesterly
right of way line of old State Highway 82;
thence along said right of way line, S. 53 degrees 23'00" E. 351.00
feet to a point on a non -tangent curve, the radius point of
which bears S. 52 degrees 58'26" W. 1760.08 feet;
thence leaving said right of way line, along the arc of said
curve to the right, 350.69 feet, through a central angle of
11 degrees 24'57", and a chord bearing of S. 31 degrees 19'05"
E. 350.11 feet to the TRUE POINT OF PEGINNING. '
COUNTY OF GARFIELD
STATE OF COLORADO
S'I'EWART TITLE
December 12, 1991
Mr. Andrew McGregor
Garfield County Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Eastbank commercial Center.
HCE Job No. 90050.003
Dear Andrew:
• bn"nc 82.1 rr,E
This letter constitutes a cost estimate to go along with the
Subdivision Improvements Agreement and is pat'of "Exhibit 0" as
referred to in that document. The other part of "Exhibit 0" is the
plan titled Utility and Drainage Plan, Eastbank Commercial Center,
by High Country Engineering, Inc., latest revision date December 5,
1991. The estimated construction costs would bo as follows:
1. Install ultraviolet disinfection system in accordance with the
plans and specifications submitted to the Colorado Department
of Health for the Eastbank Commercial Center Water System,
October 1991. ($1000.00)
2. Perform
Utility
revised
1:.1adway and entrance improvements as shown on the
and Drainage Plan by High Country Engineering, Inc.,
11/27/91. ($1100.00)
3. Construct additional storm water detention volume
on the Utility and Drainage Plan by High Country
Inc., revised 11/27/91. ($500.00)
4. Install water meters on each water service as
Garfield County. ($200.00)
5. Perform "particulate analysis" on the well water,
in the Colorado Department of Health letter dated
1991. ($200.00)
If you have any further questions, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Tied
Pri
thy P. Beck, P.E.
cipal Engineer
TPB:rjm
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
as described
Engineering,
required by
as requested
November 26,
October 21, 1992
Mr. Mark Bean
Garfield County Planning
109 Eighth Street; Suite 303
Glenwood Springs, CO 81601
Re: Eastbank Commercial Center
HCE File #90050.003
Dear Mark:
OCT 2 3 1992
GARFFiELD COUNTY
Rudd Construction recently requested that we go to the site and observe the completed construction of
the items for which the County has retained money. The ultraviolet disinfection system has been installed
in accordance with the plans and specifications approved by the State Health Department. Water meters
have been installed to allow determination of water usage by each building/lot. The entrances are in
compliance with the current county road standards. The additional storm water detention volume has
been constructed. We understand that Rudd Construction has contracted to have the particulate analysis
performed on the well water, but we do not have a copy of the results. Verification should be sent to
you directly from Rudd Construction.
This statement of completion shall in no way relieve any other party from meeting requirements imposed
by contract or other means, including commonly accepted industry practices.
Therefore, they are requesting that the remaining money, held in accordance with our letter of December
12, 1991, be released.
If you have any questions, please feel free to call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
1� m
Tim thy P. Beck, P.E.
Prin ipal Engineer
TPB/cso
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
RECORDED AT "z CLOCK' .M.NOV 1 7 1992
REC * 441232 DRED ALSDORF, �OUNTY CPEO Eiriox 817 PAGE422
ACKNOWLEDGEMENT OF SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, JOHN J. STANFORD AND WAYNE G. RUDD (hereinafter Eastbank
Commercial Center), entered into a Subdivision Improvements Agreement with the Board of
County Commissioners of Garfield County, Colorado, (hereinafter "Board") dated December
16, 1991, recorded in Book 821, at Page 53 as Reception No. 430568 of the Garfield County
records on January 7, 1992 for the improvement of the Eastbank Commercial Center; and
WHEREAS, the obligation of the Eastbank Commercial Center has been satisfied in
full.
NOW THEREFORE, at the request of Eastbank Commercial Center and in
consideration of the premises and prior agreements, the Board hereby acknowledges the
satisfaction of the Subdivision Improvements Agreement entered into by Eastbank Commercial
Center and the Board for the Eastbank Commercial Center, and releases security in the amount
of $3,000.00.
STATE OF COLORADO
COUNTY OF GARFIELD
Chairman
)ss
The foregoing instrument was acknowledge before me on this / day of
, 1992, by Arnold Mackley, as Chairman of the Board of County
mmissioners of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires /- / D — y
a"YG field County Clerk
