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HomeMy WebLinkAbout1.01 Application Part 2• OWNER PLANNER ENGINEERING • LEGAL • • FOUR MILE RANCH SUBDIVISION PRELIMINARY PLAN SUBMITTAL SEPTEMBER 1997 M -R COLORADO INVESTORS, INC. ONE & A QUARTER MILE RANCH, INC. C/O FOUR MILE RANCH JOINT VENTURE 1205 SOUTH PLATTE RIVER DRIVE, SUITE 101A DENVER, CO 80223 TELEPHONE (303) 733-9787 FAX (303) 733-9802 SUNNY VANN, AICP VANN ASSOCIATES, PLANNING CONSULTANTS 230 EAST HOPKINS AVENUE ASPEN, CO 81611 TELEPHONE (970) 925-6958 FAX (970) 920-9310 THOMAS A. ZANCANELLA, P.E. ZANCANELLA & ASSOCIATES, INC. P. O. 130X 1908 1005 COOPER AVENUE GLENWOOD SPRINGS, CO 81602 TELEPHONE (970) 945-5700 FAX (970) 945-1253 JOE D. HOPE, P.E. HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 TELEPHONE (970) 945-8676 FAX (970) 945-2555 LOYAL E. LEAVENWORTH, ESQ. LEAVENWORTH & ASSOCIATES, P.C. P. O. DRAWER 2030 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81602 TELEPHONE (970) 945-2261 FAX (970) 945-7336 • V AN N�nsultants ASSOCIATES PlanningSeptember 25, 1997 RANI] DELIVERED • • Mr. Mark Bean, Director Building and Planning Department 109 Eight Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Subdivision/Supplemental Preliminary Plan Submission Dear Mark: The purpose of my letter is to inform you of various changes that have occurred with respect to the Four Mile Ranch Subdivision Preliminary Plan application which was previously submitted to the County under my cover letter dated April 25, 1997. The specific changes that have occurred are summarized below. 1. Plat note #8 on Sheet 1 of the Preliminary Plat drawings has been revised to reflect your comments regarding the priority of existing agricultural uses located south of the subdivision. 2. Sheet 2 of the Preliminary Plat drawings has been revised to increase the width of the common open space buffer at the southern end of the subdivi- sion. More specifically, the lots located immediately south of the Sunrise Court cul-de-sac have been reconfigured to allow a minimum open space easement of two hundred feet. 3. The various engineering drawings which accompany the Preliminary Plat and the site plan rendering have also been revised to reflect the revised lot configuration and increased open space buffer. 4. The Declaration of Protective Covenants has been revised as follows. a) A new Paragraph 3, Article 1, has been added which pertains to the Pre -Annexation Agreement which has been approved by the Applicant and the City of Glenwood Springs. b) As requested, a new Paragraph 4, Article II, has been added which defines the Open Space Easement as a Limited Cornrnon Element, 230 Fast Hopkins Avenue • Aspen, Colorado 81611 • 97O/925-0958 • Fax 9701920-9310 Mr. Mark Sean, Director September 25, 1997 Page 2 c) Article 1X1, entitled "Easements and Licenses", has been revised to include the section on easements previously found in Article IX. d) Paragraph 12, Article V1, has been revised to require Association maintenance of the private open space in the event any lot owner should fail to maintain his respective open space area. Further, the Association is authorized to assess the lot owner any charges or expens- es associated with the Association's maintenance of the property. e) A new Paragraph 13, entitled "Adjacent Agricultural Uses", has been added to Article VX. The new paragraph, which mirrors revised Plat Note #8, precludes a lot owner from objecting to dust, odors or noise associated with normal agricultural uses of adjacent property, and indicates that neither the Association, Garfield County, nor any other municipality will seek to enjoin adjacent property owners from normal agricultural activities. f) Paragraph C, Article X. has been revised to require the written consent of Garfield County prior to the amendment of the covenants. In the event of annexation, the City of Glenwood Springs is required to consent to any such amendment. g) A new Paragraph 7 has been added to Article X. The new paragraph makes Garfield County a third party beneficiary to the covenants. Further, the City of Glenwood Springs is made a third party beneficiary with the right to enforce any provisions of the covenants in the event of annexation. 5. The Pre -Annexation. Agreement has been substituted for the proposed sewer service agreement previously included at tab #12 of our April Preliminary Plan submission. Based on the terms of the Agreement, the Applicant now has a formal commitment for the provision of municipal sewer service. The Agreement was approved by the City at the September 18, 1997, Council meeting and will be signed next week. An executed copy will provided to you at that time. 6. The proposed Open Space Dedication Agreement previously included at tab #14 of our April Preliminary Plan submission has been deleted. Please note that the terms of the former Open Space Agreement have been incorporated in the Pre -Annexation Agreement. 7. A new letter regarding the C.R.S. 30-28-133.5(6) "timing issue" has been substituted for the original letter included at tab #13 of our April Preliminary Plan submission. • • • Mr. Mark Bean, Director September 25, 1997 Page 3 In summary, the most significant change that has occurred with respect to our Preliminary Plan submission is the Applicant's receipt of municipal sewer service and the acquisition of the proposed open space parcel by the City of Glenwood Springs as set forth in the Pre -Annexation Agreement. The remaining changes are minor in nature, and are intended primarily to address various concerns previously identified by the County staff, the most significant of which is the increase in the width of the open space buffer at the south end of the subdivision. Should you have any questions, or if we can be of any further assistance, pleas: do not hesitate to call. Yours truly, VAN ASSOCIATES SV: n, AICP Attachments cc: Loyal E. Leavenworth, Esq. Four Mile Ranch Joint Venture c:lb us\coun ty,lt rut{32896.mb2 • • VANN ASSOCIATES Planning Consultants April 25, 1997 HAND DELIVERED Mr. Mark Bean, Director Building and Planning Department 109 Eight Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Subdivision/Supplemental Preliminary Plan Submission Dear Mark: Attached for your review and consideration are twenty copies of various materials which are intended to supplement the Four Mile Ranch Development Company's Preliminary Plan application for the proposed Four Mile Ranch Subdivision. The specific materials include the following. 1. Updated Subdivision Application Form; ? . Revised set of Preliminary. Plan drawings; 3. Site Plan rendering; 4. Forty Percent Slope Analysis Plan; 5. Water tank illustration; 6. Declaration of Protective Covenants; 7. Drainage Study; 8 Statements regarding Grading, Roads, and Utility Plan; 9. Lincoln DeVore Soils Report and updated cover letter; 10. Title Policies; 11. Letter from Loyal E. Leavenworth, Esq., regarding the ownership of the Four Mile Ranch property and project applicant; 230 East Hopkins Avenue • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Mr. Mark Bean, Director April 25, 1997 Page 2 12. Letter from Loyal E. Leavenworth, Esq., to Michael Copp, Glenwood Springs City Manager, re: the provision of sewer service and a copy of the proposed sewer service agreement; 13. Letter from Loyal E. Leavenworth, Esq., to Don DeFord, Esq., regarding re: C.R.S. 30-28-133.5(6) "tuning issue"; 14. Letter from Loyal E. Leavenworth, Esq., to Michael Copp forwarding proposed Open Space Dedication Agreement; 15. Letter from Joe D. Hope, P.E., re: County Road 117 traffic impact/road improve- ments; 16. Letter from Bryan P. Barnes to Garfield County Building and Planning Depart- ment re: revisions to project to address Division of Wildlife concerns; 17. Letter from Thomas A. Zancanella, P.E., re: water quality test results for Four Mile Ranch well #1; 18. Letter from Jack Jones, Assistant Chief, Department of Emergency Services, to Thomas A. Zancanella, P.E., approving project's fire protection facilities; 19. Letter from Terri L. Lance of Zancanella and Associates, Inc., re: the absence of geologic hazards; 20. Letter from Michael Copp, Glenwood City Manager, to Thomas A. Zancanella, P.E., re: potential enlargement of project water tank; 21. Memorandum from Sheldon Emery of Staller & Henry, Landscape Architects, re: plant materials for Landscape Nodes and Enhanced Landscape Areas; 22. Letter from Harry Hart, President, Four Mile Ranch Development Company, to Roaring Fork School District re: payment of required site acquisition fee; and 23. Water rights and water supply information. For your convenience, the above materials are attached hereto as Exhibits 1 through 22, respectively. Five full-size copies of the Preliminary Plan drawings and the Site Plan rendering accompany this letter. With respect to the revised Prelirninary Plan drawings, please note that we have included a complete set of amended documents which are intended to replace those drawings submitted in connection with the applicant's January 22, 1997 Preliminary Plan submission in their entirety. • • • Mr. Mark Bean, Director April 25, 1997 Page 3 We would also like to take this opportunity to respond to various issues and concerns which were raised in your draft March 12, 1997, memorandum to the Planning and Zoning Commission. Hopefully, our responses will facilitate your review of the supple- mental materials and help to resolve your concerns with respect to the project. The various issues, and our responses thereto, are summarized below. Open Space The Four Mile Ranch Subdivision's proposed open space consists of two separate components. As the accompanying Preliminary Plan drawings illustrate, the principal component consists of an open space easement which encumbers all of the lots within the subdivision. The purpose of the easement is to insure the preservation of open space and to enhance the rural character of the subdivision. As Article IX, paragraph 3., of the attached Protective Covenants indicates (see Exhibit 6), individual lot owners will be prohibited from placing or constructing any buildings (i.e., principal or accessory structures) within the easement. Each, lot owner, however, will have the right to access and use the various recreational amenities which are to be constructed within the easement. These amenities are discussed in detail under the following heading. Please note that a portion of the open space easement which encumbers Lots 26 through 36 has been relocated adjacent to the eastern boundary of the lots as you have recom- mended. The revised open space configuration will avoid any "sky -lining" of the residences to be constructed on these lots. Article IX, paragraph 3.A., of the Covenants provides for the construction of individual driveways across the open space easement in those situations where an individual lot's building envelope is separated by the easement from the Subdivision's internal access roads. While no such open space is required pursuant to the County's A/R/RD zone district regulations, the applicant proposes to provide the open space easement for the benefit of the subdivision's residents. The proposed open space easement totals approximately 60.6 acres, or 44 percent of the subdivision gross land area. The amount of land encumbered by the easement exceeds the 25 percent minimum open space requirement of the County's PUD regulations by 19 percent. The open space easement will be dedicated to the Four Mile Ranch Homeowners Associa- tion on the subdivision's final plat. As Article VI, paragraph 12., of the covenants indicates, each lot owner will be required to maintain the portion of the easement which encumbers his lot in its natural state. In addition Article IX, paragraph 3., prohibits the placement of any structure or fencing within the easement. The Homeowners Associa- tion, however, will have the right to construct recreation facilities (e.g., trails, landscape features, etc.) within the easement, and each lot owner will have a right of access to all such features (Article IX, paragraph 3.). • Mr. Mark Bean, Director April 25, 1997 Page 4 The second open space component consists of the parcel of land located immediately east of County Road 163 at the southern end of the subdivision. This parcel, which contains approximately 23 acres, will be dedicated on the final plat to the City of Glenwood Springs for open space purposes. An open space dedication agreement is to be considered by the Glenwood Springs City Council at their May 1, 1997, meeting (see Exhibit 14). Together, the proposed open space easement and the open space dedication total approxi- mately 62.9 acres, or 46 percent of the subdivision's gross land area. Trails and Landscape Features As the accompanying Preliminary Plan drawings and site plan rendering illustrate, two separate trails are proposed within the subdivision. A public trail will be constructed by the applicant adjacent to the County Road 117 right-of-way and an easement therefore dedicated to the County. In addition, a private trail will be provided within the subdi- vision for the use of the subdivision's residents. The public trail will be eight feet wide and surfaced with asphalt. The internal private trail will be six feet wide and surfaced with gravel. All trail easements will be twenty feet in width. While the majority of the private trail system is located within the open space easement, site specific trail easements have been provided across various lots where necessary as depicted on the Preliminary Plan drawings. The entire trail system will be maintained by the Homeowners Association. The proposed trail system and the use and maintenance thereof is addressed in Article IX, paragraph 3 . B. , of the Protective Covenants. In addition to the trail system, the site plan rendering illustrates various landscape features to be installed by the applicant and owned and maintained by the Homeowners Associa- tion. Several ponds are proposed which will serve primarily as storage facilities for the Subdivision's raw water irrigation system. The ponds will be connected by a boulder lined ditch which will contain strategically placed water features. Easements for the ponds have been provided and are depicted on the Preliminary Plan drawings. The connecting ditch will be located within the open space easement. Enhanced Landscape Areas and Landscape Nodes have been designated adjacent to County Road 117 which are earmarked for enhanced landscape treatment. As the attached memorandum from Sheldon Emery of Staller & Henry, Landscape Architects, indicates (see Exhibit 21), these areas are to receive site specific landscape treatments to be selected from a specified list of plant materials. A detailed landscape plan for the Enhanced Landscape Areas and Nodes will be submitted in connection with the applicant's final plat application. Additional landscape features will include lighted stone entry monuments at the entrance to Four Mile Boulevard, a network of exercise stations to be located along the internal trail system, and split -rail fencing which is to be installed along the property's northern, • Mr. Mark Bean, Director April 25, 1997 Page 5 southern and western boundaries. The exercise stations will be located and landscaped so as to minimize visibility from neighboring homes and from Counry Road 117. Lot Area Pursuant to Section 5.04.02.(2) of the Garfield Zoning Resolution, lots of one acre or greater shall have a "minimum building envelope" of one acre that contains slopes of less than forty percent. It is our understanding, however, that you indicated to Joe D. Hope, P.E., of High Country Engineering, Inc., that the County has interpreted this requirement to mean that such lots need only contain one acre of "usable area" with slope less than forty percent. Mr. Hope has reviewed the property's topography and has verified that all of the lots meet this requirement (see Exhibit 4, Forty Percent Slope Analysis Plan). Please note that the number of lots within the subdivision has been reduced from 59 to 58. Soils The applicant's original Preliminary Plan submission contained Lincoln DeVore's conclusions and recommendations regarding the geology and soils of the project site. The entire report and a updated summary letter is attached hereto as Exhibit 9. As the summary letter indicates, Lincoln DeVore's believes that their original comments with respect to on-site soils and geology remain valid. They have updated their recommenda- tions, however, to include a requirement that each building site be individually investigat- ed to determine site specific bearing values and related foundation design parameters. As provided for in Article V, paragraph 6.A., of the covenants, each lot owner will required to submit an individual soils report and a grading and drainage plan to the County in connection with their application for a building permit. The requirement for the submission of a site specific soils report is also noted on the preliminary subdivision plat as Plat Note #7. Please note that the attached letter from Terri L. Lance, a geologist with Zancanella and Associates, Inc. (see Exhibit 19), indicates that the Four Mile Ranch property contains no areas which are subject to either rock fall or potential rock fall geologic hazards. Roads The subdivision's internal road system has been redesigned to comply with the City of Glenwood Springs' municipal street standards. As the Preliminary Plan drawings illus- trate, Roads A, B, C and D (to be know as Four Mile Boulevard, Red Cliff Circle, Sunrise Court and Maroon Drive, respectively) will all contain twelve foot driving lanes for a total of 24 feet of paved road surface. A four foot sidewalk will be provided on both sides of all paved roads as well as a vertical curb and gutter. A six foot planting strip will be provided between the curb line and all sidewalks. Individual driveway cuts will be located prior to recordation of the subdivision's final plat. • • Mr. Mark Bean, Director April 25, 1997 Page 6 All road right-of-ways will remain as originally proposed. The right-of-way for Four Mile Boulevard will be sixty feet while the remaining roads will each have a right-of-way width of fifty feet. The subdivision's internal roads will be dedicated to the public on the final subdivision plat, The road system, however, will be maintained by the Homeo- wner's Association as provided for in Article II, paragraph 3., of the protective cove- nants. Please note that additional right-of-way has been provided to accommodate the County's proposed improvements to County Road 117. As the Preliminary Plan drawings illus- trate, additional right-of-way has been provided south of Four Mile Boulevard to permit the straightening of the existing curve Located adjacent to the southwest corner of the subdivision. As presently envisioned, the additional right-of-way will be conveyed to the County prior to final plat approval. The subdivision's final plat will reflect the revised property boundary in this area of the property. As you are aware, the applicant proposes to make further improvements to County Road 117 in lieu of the payment of a road impact fee. The specific improvements to be undertaken to the road at the applicant's expense are discussed in the attached letter from Joe D. Hope, P.E. (see Exhibit 15). In general, the applicant proposes to improve County Road 117 from just south of its intersection with Midland Avenue to just south of its intersection with Four Mile Boulevard. The proposed improvements include two 12 foot driving lanes, two 6 foot shoulders with barrow ditches on both sides to accommo- date drainage. It is estimated that the cost of these improvements will exceed the cost of the County's required road impact fee. Plans and specifications for these improvements will be submitted in connection with the applicant's final plat application. The Preliminary Plan drawings also provide for an increased right-of-way for County Road 163. A sixty foot right-of-way will be dedicated to the County on the subdivision's final plat. Water/Fire Protection The Preliminary Plan drawings have been revised to provide appropriate easements for the subdivision's wells, water tank and related facilities. As the attached letter from the Glenwood Department of Emergency Services indicates (see Exhibit 18), the subdivision's proposed water storage is sufficient for fire protection purposes. Revised water quality test results for the subdivision's well #1 are contained in Exhibit 17. Additional water rights and water supply information is attached as Exhibit 23. The Preliminary Plan drawings have been revised to locate the proposed water tank outside of the building envelopes on Lots 35 and 36, and within the open space easement. A dedicated utility easement has been provided for the tank and for vehicular access thereto. Similarly, the subdivision's wells and their associated pump buildings have been relocated from the open space easement to dedicated utility easements on Lot 7. A twenty • • 1 Mr. Mark Bean, Director April 25, 1997 Page 7 foot access and maiuntenance easement has been provided from Red. Cliff Circle to the wells. Please note that the Preliminary Plan drawings have also been revised to indicate that all water system improvements will be constructed to the City of Glenwood's specifications. The subdivision's on-site water tank will measure twelve feet in height by 120 feet in diameter, and will contain 300,000 gallons of water. As the accompanying illustration indicates, the applicant proposes to extensively landscape the immediate tank area to help screen it from view. Sewer An agreement for the provision of sewer service has been submitted to the City of Glenwood for review and approval by the City Council (see Exhibit 12, Sewer Services Agreement). The agreement is scheduled for formal consideration by the Council at their May 1, 1997, meeting. The agreement is consistent with the applicant's prior discussions with the City Manager and addresses various issues raised by the City Engineer. As we have discussed, the applicant was advised by the City Manager that the City would provide sewer service to the proposed subdivision upon the receipt of final plat approval from the County. The City, however, was apparently concerned that any formal commit- ment for service in advance of our receipt of the required land use approvals could be construed as support for the project. We have explained to the City that the County requires a commitment for service prior to review and approval of the project. Absent such a commitment, the applicant will have no other choice than to propose the use of individual sewage disposal systems. At this point, we are optimistic that the City will approve the proposed service agreement as implementation of the various provisions contained therein is contingent upon the applicant's receipt of final plat approval. While the City Manager has previously indicated to the applicant that the City has sufficient treatment capacity to provide sewer service to the project, approval of the proposed service agreement should satisfactorily evidence the City's willingness to actually provide such service. The agreement provides for the construction of the required main extension at the applicant's expense and consistent with applicable munici- pal specifications. The main extension will be dedicated to the City as provided for in the proposed service agreement. The internal lines will also be constructed to municipal specifications and will be dedicated to the City at the City's request. All applicable tap fees will be paid to the City prior to the first connection to the internal sewer system in the event necessary to permit system upgrades. It should be noted that the applicant will agree to oversize the proposed sewer main extension to a ten inch line as requested by the Colorado Department of Health subject to the City's approval. Any such oversizing of the main will be depicted on the construction plans to be prepared and submitted for the main extension. Plans and specifications for Mr. Mark Bean, Director April 25, 1997 Page 8 the main extension will be submitted with the applicant's final plat application following review and approval by the City. Division of Wildlife As Exhibit 16 indicates, the applicant has met with Kevin Wright of the Colorado Division of Wildlife to address various issues which he raised with respect to the pro- posed subdivision. The applicant has agreed to all but one of the wildlife recommen- dations outlined by Mr. Wright in his February 12, 1997, letter to the County. More specifically, the following revisions have been incorporated into the design of the subdivision and/or included in the proposed protective covenants. 1. The open space easement on Lots 36 through 39 has been relocated to the northern boundary of the lots so as to provide an approximately one hundred foot buffer for wildlife migration. In addition, a small berm will be constructed between the open space easement and the adjacent building envelopes. Trees and shrubs will be planted on the berm to help screen the open space easement and the wildlife travel route identified by Kevin Wright. As depicted on the Preliminary Plan drawings, the building envelopes on Lots 15 through 24 have been set back fifty feet from the adjacent ridgeline to prevent the residences on these lots from adversely impacting the hillside below. This setback requirement is also memorialized in Article V, paragraph 6.C., of the subdivi- sion's covenants. 3. The applicant will landscape along the open space easement boundary adjacent to Lots 23 through 36. 4. Article VI, paragraph 2, of the covenants limits the number of dogs within the subdivision to one dog per lot. Dogs are also required to be leashed, chained, fenced, kenneled or otherwise housed at all times. 5. Article VI, paragraph 3., requires that all utilities be located underground. 6. Article VI, paragraphs 5.and 12., of the protective covenants requires each lot owner to maintain the existing vegetation located within the portion of the open space easement which encumbers their lot in its natural state. The applicant will agree to preserve as much existing vegetation throughout the remainder of the subdivision as the installation of required infrastructure will allow. Article V, paragraph 2., of the covenants requires the approval of the Architectural Review Committee of the Homeowners Association for the removal of any trees within the subdivision. • • Mr. Mark Bean, Director April 25, 1997 Page 9 7. Mr. Wright's recommendations with respect to Fencing are incorporated in Article V, paragraph 6.D., of the covenants. 8. Horses will prohibited within the subdivision as provided for in Article VI, paragraph 2., of the covenants. 9. Homeowners are advised in Article V, paragraph 6.D., of the covenants that they will be responsible for preventing wildlife damage to their property and for the removal of any wildlife which should die thereon. They are also to be advised that bears or mountain lions will not be removed simply because they may be observed within the subdivision (Article VI, paragraph 7.). 10. The covenants further require the installation of bear proof garbage containers by the homeowners in the event bears become a problem with respect to trash and garbage. As noted previously, only one of Mr. Wright's recommendations cannot be reasonably addressed by the applicant. The recommendation in question pertains to the construction of a deer/elk underpass or overpass at the north end of the development. However, as Exhibit 16 indicates, Mr. Wright is of the opinion that the applicant's revisions to the design of subdivision, and the inclusion of the various wildlife provisions in the protective covenants, results in substantial conformance to his wildlife recommendations. School District Site Acquisition Fee As the attached letter to the Roaring Fork School District RE -1 indicates (see Exhibit 22), the applicant will pay a $200.00 per lot site acquisition fee which is consistent with the County's prior collections on behalf of the District. The applicable fee will be paid by the applicant concurrent with the recordation of the subdivi-sion's final plat. Comprehensive Plan As you correctly noted in your draft memorandum to the P&Z, the Colorado Supreme Court recently ruled in Larimer County vs. Conder that "... a county has the authority to require master plan compliance when a county includes a master plan compliance provision in its legislatively adopted subdivision regulations." The Court, however, also found that "... in requiring master plan compliance, the master plan provisions at issue must be drafted with sufficient exactitude so that proponents of new development are afforded due process, the county does not retain unfettered discretion, and the basis for the county's decision is clear for purposes of reasoned judicial review." In other words, the comprehensive plan which the County wishes to enforce must be sufficiently specific to permit the reasonable application of the policies contained therein, and to provide an affected land owner with clear guidance as to the meaning of the polices with respect to the development of his property. • Mr. Mark Bean, Director April 25, 1997 Page 10 The above Supreme Court decision notwithstanding, numerous statements contained within the Garfield County Comprehensive Plan for Study Area 1 indicate that the Plan is essentially advisory in nature. The Plan clearly contemplates that revisions to the Garfield County Zoning Regulation and/or Subdivision Regulations will be required in order to enforce the Plan's policies and recommendations, and to elevate them beyond a mere advisory status. The Plan is replete with specific program recommendations which are expected to be undertaken by the County in order to implement the general policies contained therein. The recent Larimer County vs. Conder decision, while appearing to elevate the regulatory status of master plans in general, cannot be interpreted to eliminate the need for undertak- ing the various work programs outlined in the Garfield County Comprehensive Plan. The successful completion of these programs is essential to the provision of clear guidance to affected landowners as to the meaning of the Plan's myriad recommendations. You identified several areas in your memorandum where you believe that the applicant's proposed subdivision is inconsistent with the goals and policies of the Garfield County Comprehensive Plan for Study Area 1. Our position with respect to these purported inconsistencies is summarized as follows. 1. Density You state in your memorandum that ".., the area proposed for development is designated as a high density area due to its proximity to the City of Glenwood Springs..." and that the proposed two acre lots are inconsistent with the recommended density in the Comprehensive Plan. A careful review of the Proposed Land Use District maps for the Cattle Creek Area and the Glenwood Springs Quadrangle indicates that the applicant's property is in fact depicted as lying within two separate and distinct land use districts. The northern portion of the property lies within the so-called "High Density Residential" land use district. The recommended density for this district is "two or less acres per dwelling unit". The southern portion of the property lies within the "Medium Density Residen- tial" district, the recommended density for which is "six to nine acres per dwelling unit". The demarcation line between the two land use districts is difficult if not impossible to ascertain. Moreover, we have been advised by the County Attorney that it was intended that single parcels not be located in multiple land use districts. Given the apparent absence of any discussion within the Comprehensive Plan as to the precise meaning of the density classifications depicted on the various land use district maps, or of how they are to be applied, we believe that it is impossible for the County to take the position that the proposed subdivision's average density of approximately two units per acre is inconsistent with the Plan's recommended density for the Four Mile Ranch property. • • Mr. Mark Bean, Director April 25, 1997 Page 11 While it can be argued that the County's Land Use District maps are merely illustrative in nature, they clearly do not meet the Court mandated test of being sufficient- ly specific to permit a reasonable application of the related density recommendations. The Plan provides no guidance as to how an affected land owner should interpret the maps or as to how properties with multiple land use district designations are to be addressed. Consequently, it can be concluded that the lack of discussion with respect to these matters is further evidence of the advisory nature of the Comprehensive Plan's recommendations. For the reasons discussed above, we assume that the property was incorrectly mapped, and that all of the property should have been designated as high density given its proximity to the City. The applicant's proposed density of approximately two units per acre is clearly consistent with the recommended density of the High Density Residential land use district of two or less acres per dwelling unit. 2. Housing Your memorandum implies that the proposed subdivision is inconsistent with a component of the Plan's Housing goal which addresses the provision of affordable hous- ing. The specific goal reads "'o enhance the availability of housing including afford- able housing in the County where in short supply, subject to regulations, which ensure safety, appropriate site design, compatibility and protection of the natural environment." While this goal is admirable, it is sufficiently broad as to require more specific policies and programs to understand its implications with respect to the applicant's property. A review of the relevant policies and programs contained in the Housing section of the Plan indicates that the County is to develop regulations that will provide for low and moderate income housing in appropriate areas. For example, Program 2.1 on page III -5 of the Plan states that the County will revise its Zoning Resolution and conduct a detailed analysis of potential compatibility issues which ostensively arise in connection with the development of such housing. To the best of our knowledge, no analysis with respect to those areas of the county which are appropriate for the development of affordable housing has occurred. Likewise, the existing Zoning Resolution has not been amended to include specific regulations which address the provision of such housing. Simply stated, the language of the Plan's Housing component is insufficient to permit an applicant to reasonably determine the affordable housing requirements to be imposed on a specific residential development. Furthermore, none of the work which the Plan states must be undertaken in order to address the issue of affordable housing has apparently been accomplished by the County. Absent a more detailed policy statement in the Plan, and/or the adoption of specific regulatory requirements in the Zoning Resolution, we believe it is unreasonable to • Mr. Mark Bean, Director April 25, 1997 Page 12 take the position that the applicant's proposed subdivision is inconsistent with the County's Housing goal. As a practical matter, we do not believe that the project site is appropriate for the development of affordable housing given 'the substantial number of units that would have to be constructed to support the required infrastructure. It is reasonable to assume that public opposition to the size of such a project would be overwhelming. The density of the proposed subdivision, however, is consistent with the surrounding area. 3. Transportation As the attached letter from Joe D. Hope, P.E., of High Country Engineering indicates (see Exhibit 15), the proposed subdivision will generate approximately ten trip ends per lot or a total of 580 trip ends daily. Virtually all of these trips are expected to turn north on County Road 117. The area of greatest impact on County Road 117, therefore will occur between the main entrance to the subdivision and the County Road 117/Midland Avenue intersection. To mitigate the traffic impacts of the project, the applicant will commit to improving County Road 117 from its intersection with Midland Avenue to the subdivis- ion's entrance to County standards. The specific improvements to be undertaken by the applicant are summarized under the heading Roads in this letter and discussed in detail in Mr. Hope's letter. The proposed improvements are to be undertaken in lieu of the payment of the County's recently adopted road impact fee. The cost of the improve- ments, however, is expected to exceed the amount of the applicable impact fee. 4. Recreation and Open Space The issue you raised in your memorandum with respect to recreation and open space dealt with the lack of specificity contained in our initial Preliminary Plan submis- sion. More specific information with respect to the subdivision's proposed open space easement has been provided under the heading Open Space in this letter. Similarly, a more detailed discussion of the subdivision's proposed trails and amenities has also been provided. As discussed previously, approximately 62.9 acres, or 45 percent of the subdivision's gross land area has been designated for open space purposes. 5. Agriculture An open space easement has been provided at the southernmost end of the subdivision to provide a buffer between the proposed residences in this area and the adjacent agricultural operation. As discussed previously, the subdivision's protective covenants prohibit development within the easement and require the preservation of the natural vegetation located therein. Article VI, paragraph 11., of covenants also states that • Mr. Mark Bean, Director April 25, 1997 Page 13 the agricultural uses of the adjacent property are deemed to be compatible with the rural residential character of the subdivision, and that no owner may object to dust, odors, or noise typically associated with the agricultural use of the property. This disclaimer is further memorialized in plat note #8 on the preliminary subdivision plat. 6. Urban Area of Influence The Garfield County Comprehensive Plan, Study Area I, states that "... the comprehensive land use map will define an Urban Area of Influence for each jurisdic- tion" and that "... individual projects within defined Urban Area of Influence will be consistent with local municipal land use policies". To the best of our knowledge, no such areas have been identified by the county and depicted on its comprehensive land use maps. While the City of Glenwood Springs has designated an Urbart Development Boundary in the recently adopted Land Use Element of their draft Comprehensive Plan, the applicant's property is clearly located outside of the depicted boundary. Given the absence of a County defined Urban Area of Influence, and the fact that the proposed subdivision is located outside of the City's Urban Development Boundary, the applicabili- ty of this provision of the Plan to the proposed subdivision is highly questionable. A review of the City's Land Use Element indicates that the so-called Urban Development Area was determined in part based on the appropriateness of annexing the various areas located therein. By default, areas located outside of the Urban Development Area boundary can be assumed to be inappropriate for annexation. As the applicant's property is clearly located outside the City's Urban. Development Area boundary, any application for annexation to the City of Glenwood would arguably be inconsistent with the applicable Comprehensive Plan recommendations. The applicant, therefore, is neither obligated to apply to the City for annexation nor likely to be favorably received if the recommendations of the City's Comprehensive plan are respected. The City's Urban Development Boundary notwithstanding, we plan to discuss the issue of annexation with the Glenwood Springs City Council at their May 1, 1997, meeting. The City's Land Use Element also indicates that the Urban Development Area should be developed at urban densities. As you know, an application for annexation of the applicant's property which included a request for subdivisionlPUD approval for a significantly denser project was withdrawn given its likely denial by the Glenwood City Council. The above notwithstanding, the proposed subdivision's roads, sanitary sewers and potable water delivery system have been designed to municipal standards. Mr. Mark Bean, Director April 25, 1997 Page 14 Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. S7% wv A tachments cc: Loyal E. Leavenworth, Esq. Four Mile Ranch Joint Venture c: \buslcounty. Itr\1tr32896. mb i • Sketch Pian Preliminary -,a_•-y Plan X Final Plat SUBDIVISION APPLICATION FORM GAR_ .Ln COUNTY SUBDIVISION NAME: Dour Mile Ranch - M -R Colorado Investors, Inc. and One And A Quarter Ranch, Inc. awNERF/oFour elle Ranch" Develooment Camaanv, Inc. 'Mana■ in. _Joint Venture Partner ENGINEER/PLANNER/SURVEYOR: h LOCATION: Section 27 & 34 Township 6 Svlxth Range 89 Fest WATER SOURCE: Plumped Storage System SEWAGE DISPOSAL THOD : City of Glenwood $:Drialas Public Sv.ste PUBLIC ACCESS VIA: County Road 17.7 and dedicated public streets EXISTING ZONING: ARRD - EAS T'S : Utility as shown on plat Ditch TOTAL DEVELOPMENT AREA: (1) Residential Single Family Nrrrr'er Acres 58 127.23 Duplex n/a n/a Multi -Family n/a n/a Mobile Home n/a n/a (2) Commercial Floor Area Acres (3) Indu ial n/a sq.ft. n/a n/a sq. ft _ n/a (4) P .b1iQ/Quasi-Public (roads) 9.28 (5) Open Space/Common Area: Dedicated 2.26 Easement (included in single-family lot area: 60.65) TOTAL: 138.77 411 PAR 'CNG SPACES: Residential: Qn individual lots oniv Commercial: Nome Industrial: None • • 0 t�7 0 0 th z ro z z C7 0 a z x 0 r c C 9 vin v'o0z �nx 4n z0z co 0 rot+] 4, VI tri cn o,0 o z rn�0 C g c a 0 o 0 z z 67 i7 z z m Z 0 2 w Loro to 0 74 0 0x N0 cox cmd'n D Q co cp csk C m z z 03 0 0 tT] 00 ACNSED 4/19/Si - Ron C ARCA FOUR 1M LE MCH 06,096.01 1-21-91 \f7 N.8+0m..wc.,144Wro,.0POQ )ijiAG1N' 838PNfN l2JHS fl>I »D>YyDD •O• •�rrr0 1 g-1rzzzzz(n(oWm m,,m» >< 111 mmmnnna>mmmmmooc2-�a�m rTl C7Ocz 70 rrzmmmmmmmmi� mi.., D21' rrKm 0 mrnmmm . oow >n3mxammza-o-a�mXX .> r-i=a— m r-o� c dz iiCzzzz>zzzmr,mmP > 'm mmTPIPPMMmrn mvs-u �7aaiQa ro zzc 0137MTM >am m zz x00000 m Ado_a) mmmm`n , Q m wmmmmm OOH c �mm-r 0 0 mm» 0 z m 3 Q m m Q m m • • 8888888888EEEE88ff88888�88885f888888€88888888388885%888888888888.888 eo NTN11 1B Yk ¢ gFFPPPPP IIIIIIIPFFPPFPPRP iif� 'Y#YY aA RRPRFF�FFP � e wtiwwro yzzs aa�i�a w ���l��fA��l� nZ AAADibb AAAAAiiDiAa \ .11 1 i 0 \ ‘ \ \ \ <I /. 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COLORADO FOUR *&E RANCH - PREUMINARY PLAT RED CLFF CIRCLE PLAN end PROFILE 17011 COMM' PHONEE1V 3. INC. 023 COOPER AV@A&E OLEMACOO EPPINGO, CO era P11{47D 945-6076 FX(4701445-2558 DES. ,AH 0R. 11115 CK. DATE 4121/9T FILE; PPRO-02 440. DAZE REVISION • • • 8 8 STA 14+00 MATCH TO SHEET 7 S 3IHdVEC FOUR MILE RANCH DEVELOPMENT COMPANY CARFIEID COLIN TY, COEORADO FOUR MILE RANCH - PFELlMINARY PLAT RED CLEF Cif3CLE PLAN and PROFILE FK71 COUNTRY EAC EP66FYs NC. 973 COOPER AVU& GLENWOOD BPRNOIR CO 61601 F11.i9701 445-1676 FX(970) WS -2565 DES. DR. PPRL–O3 CR. 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DAFE RtvisroN 9r CK. DATE 4/21/97 FILE: PPRD-05 • FOUR MILE RANCH DEVELOPMENT COMPAHr COREiELD COUNTY, COLORADO PRELIMINARY MASTER UTILITY PLAN DES. JTN DR. JTN CK, PRH DATE 4/21/47 FILE: Mu -DT NO - DATE REVISiCN • • • ' TIYDS 0IHdVEC / / / / / / / / / / / / X 1r t 4 ,4 t 4 ♦ • 4 ♦ • ` ! ▪ ♦♦ ♦1 V ♦ , ♦ ♦ • ! ♦ J 4 4, i ^V 1 V 1i ' V 1 5 ,'T 4y i 1 1 h 4 1 1 1 1 4 1 V 7 // 1 4 r" 1 4 .. 4 41 N) 4 4 t 4 041, 4 1 1 t tF� 4 1 4 , ▪ .� 1 , 4 1 . 4 4 1 1 '+ 1 C - 14 1 1 1 1 t 4 , j + 4 4 t r‘..)t , ✓ .'1 i + 1 1 4 (j3 4 4 V V V 1 t 4 y 5 1 1 1 • i 4 1 5 t 1 ! 1 ' 1 1 1 1 44 11 i4 1 r) t 1 N. 4 1 1 1 4 l f f 1 11 4 1 Ka V1 1 41 41 11 41 (LJ 15 1f 441 441 y + 5 1 5 1 1 5 11 1 4 _, I 1 4 4 1 1 + 4 1 4 f 4 y 1 r 11 1 - 1 VV 1i f1 SV 11 4+ 1+ 1 , _ -.- 1 1 4 4 1 1 1 f 4+ RJ 1 4 N 1+ 1 _1 +� 0 1 V 3 FOUR WLE RANCH DEVELOPMENT COMPANY CARFIELO COUNTY COLORADO PRELIMINARY MASTER UTILITY PLAN DR. JTN DATE 9/11/17 FILE: VU -02 • • • 31VZS 3IHdV2i0 FOOR LRLE RANCH DEMELOPLIEMS COLIPANY GARFIELO COUNTY. COLORADO PRELAANARY MASTER UTLffi PLAN 1iGH COUNTRY ENC'a1EEPON[ NC. 1320 COOPER ArEN E OLEML91000 9Ri409, CO 80601 P1 -I97701 445-6478 FX(9701 WS -2W. PES. J TN N TE OR. ,STN CN. PSH DATE a/18/97 F1LE: 1AD-03 RE v1Si7N • • of 64A9A • 6[)3,.8 f 6033 9 6037-9_ 6038.." 64741.. Lis a n�ry F1� STA 1rW 461 61-5030. 6024. , A2 -A1 - 11. ▪ w- 6024.60 61-41 6043.4 6046.9 Z'o ......-........ ...6474.7 -- X051.9 a 8 60.3 .4 4 NV *ii- 6021 11411 -41 8 !M.!. F 6457 a 8 44 ....6271.2... ... F 60'521.i.....} 8 f 905.0 ...697.4.:4.. S W 66114.6 MATCHLINE 4 4 f 4............... ,IwA4 6 -4047 _ on. N- IO2 .pp1 A3 NY. 041- 6AIM.i1 i 4. t rg; 11,6: 41,1 D.-605144 NV. N- 002 41 46-A4 1 NY. 0414 0032.21 44-42 4 N ▪ W.. 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OW- 6060 MATCHLINE THIS SHEET STA Q+65 FOUR MILE RANCH DEVELOPMENT COMPANY CARFIE60 004.JHTY; C040RA00 PRELIMINARY SANITARY SEWER PLAN AND PROFQ E 71(91 COUNTRY ENCINEERM NC 029 COOPER MULE 01_6999000 EN*4139, CO e7601 PH.9275) 9+45-0676 FX 0*701 945-2555 OATE RENSION 8Y • • S • m 0 FDOR 5114E RANCH DEVELOPMENT COMPANY GARFYE.LD COUNTY, COLORADO PRELJMNARY 8AITARY SEWER PLAN AND PROFILE DES. JIN DR. J1N Elf. PBM DATE 4/25/97 Fil PSS -03 NO. OAIE I1I/1 REVISION SUMMED .aa LOW 11( t Kwa a.NAIL caw. • • • o ooU oe Qo,0 oOQ 07000 ••::yp sA H • As,s l - h e"RRP 0g t 13NVd oad NM069 0 z --t m 0 z 00 oN! x t -.1 is ''6 °: x r aq aU F} s z c c N p n0aq o m 0 9 ? p m p r a 0 0 0 0 0 0 4 1 0 :C] z rri C'> 0 z a 0 n 1 n w m rrw FOUR MILE RANCH DEV£LCPM£NT COMPANY CARFIELD C0VN TY, COLORADO PRELI)1ANARY C)-LORNAT)ON 8nd PUMP CONTROL BULDNO 66Cht COUNTRY 81 10. NC.. 927 COOPER AWN.* caLuiwoon . CO 61601 F70670) 1665-6678 FX(70) 948-2665 DES. TP8 DR. ITN CN. £H DATE 4/2107 FILE:6MRCHR.R1 NO. 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OAIE REVISION 9Y 'R aA CARFiELD COUNTY, COLORADO mY OR. HMS FOUR )&E RANCH - PREL IAAWARY — 923 COOPER AV9+IE c15. SEWER LIFE DETAL SHEET --- 810301 WARM )94s-2555 DATE 4/21/97 4 z . IN -L(979) 7 FX.(97OOLEIMVOCIO FILE. 4MILE$EW 4, `JAN. 3.. 1998 1, 50PM LEAVENWORTH & ASSOC Na 7423 • • PRE-ANN,NE ATION AI.R,FENfENT FOUR MILE RANCH SUB 7JJYiSION ANNEXATION THIS AGREEMENT is made and entered into this Zgday of 60Ak.. , 1997, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home -rule municipality (hereinafter "City") and , M -R COLOR -ADO INVESTORS, INC_ and ONE & A QUARTER MILE RANCH, INC., both Colorado corporations (hereinafter "Owner" or "Developer"); WITNESSETH: WHEREAS, Owner is the owner of certain real property currently located in unincorporated Garfield County, Colorado, commonly known as the Four Mile Ranch Subdivision and more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter the "'Property"); and WHEREAS, the Owner desires to annex and connect to the City's sewer system; and WHEREAS, C.R.S. 31-12-121, as amended, authorizes the City and Owner to enter into a Pre -Annexation Agreement; and WHEREAS, the City and Owner desire to enter into the Pre -Annexation Agreement (hereinafter "Agreement") to set forth their agreements in writing concerning the terms and conditions of annexation of the Property to the City. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Owner agree as follows_ 1. Eurpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all conditions herein are in addition to any and all requirements concerning annexation contained in. the Municipal Code of the City of Glenwood Springs thereinafter "City Code") or the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. This Agreement is intended to provide a contractual relationship between the City and Owner to ensure compliance with the City code, state statutes, and all terms and conditions set forth herein_ This Agreement includes additional terms and conditions for the purposes of the Municipal Annexation Act, 2, Effective Date. Developer has made application to Garfield County for approval of a subdivision to be located on the Properry_ Approval of the final plat by Garfield County shall be a condition precedent to the effectiveness of the terms and conditions of this Agreement by either party hereto. In the event Developer has not received final plat approval from Garfield County within eighteen (18) months of the date hereof, then this Agreement will automatically terminate and be of no further force or effect. 'JAN, 8, 1998 1:50PM LEAVENWORTH & ASSOC • • NO. 7123 P 3 Nothing contained herein constitutes an endorsement of the Developer's land use proposal or shall preclude the City from commencing on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Commissioners, and the City expressly reserves all right to cornment in any manner regarding said project. 3. Annexation. The annexation of the property shall be in accordance with the Colorado Municipal Annexation Act of 1965, C.R.S. 31-12-101. , as amended, 4. De -Annexation From Special Districts Includina Fire Service. Owners shall petition for exclusion from any taxing districts, including the Glenwood Springs Rural Fire Protection District, which provide services to the property which the City is capable of providing, at such time as such service is made available to the property by the City. All costs of de -annexation shall be borne by Owners. 5_ Fee. Owner agrees to pay the following fees related to the Property development: a. Upon the Owner's payment of Garfield County Transportation Impact Fees ("TIF") in an amount roughly equivalent to that required by the City's Municipal Code. Pay of the City TIF will not be required so long as Owner complies with this Paragraph 5(a). b. Within sixty (60) days of Final Plat approval by Garfield County of the Four Mile Ranch Subdivision, Developer shall pay the City a fee to be used by the city to repair or provide capacity increases to certain segments of the city's sewer infrastructure which will convey wastewater from the Four Mile Ranch project to the City's treatment facilities (hereinafter Infrastructure Upgrade Fee"). The infrastructure Upgrade Fee to be paid by the Developer shall be in the amount of $250,000.00. Developer further agrees that, following approval of the preliminary plan for the Four Mile Ranch Subdivision by Garfield County, Developer shall, at its sole expense, cause the preparation of plans & specifications for the reconstruction of the City's sewer transmission line from Manhole 20B to Manhole A-23 (behind the South Park Subdivision and Safeway). Such plans shall be prepared by a Colorado professional engineer to city specifications and standards and, once completed, submitted to the City Engineer for review and approval, which approval shall not be unreasonably withheld. Such plans shall be approved by the City prior to Final Plat approval by Garfield County. All actual costs incurred for notice publication, recording, etc. related to the annexation: and d. All other fees not expressly addressed herein and required by the Glenwood Springs 2 `JAN. 8, 1998 1:51PM LEAVENWORTH & ASSOC Na410 7423 Municipal Code. Such fees shall be paid in the amount and at the time provided for by the Glenwood Springs Municipal Code. 6. Development Plaid. The parties agree and acknowledge that the Owner is currently undergoing the subdivision plat process with Garfield County. The pending plat provides for 58 single-family lots. Upon approval of subdivision by Garfield County, Owner shall provide the City with two (2) reproducible copies of the plat as approved. 7. FasementL. Owner shalt secure, at its own cost, all easements necessary for streets, roadway, water and sewer facilities and the trail to be constructed along Four Mile Road and any other subdivision improvements, and the City shall be named as "Grantee" on the final plat of easement docurnents. 8. ewer Service. The City agrees to provide sewer service to the number of lots in the Four Mile Ranch Subdivision approved by Garfield County, not to exceed 58, upon completion by Developer of the terms and conditions contained herein. Within sixty (60) days of Final Plat approval by Garfield County of the Four Mile Ranch Subdivision, the Developer shall pay the City system improvement fees in the amount of $1,736.44 per single-family lot for all lots approved on the Final Plat, Upon receipt by the City of the system development fees pursuant to this paragraph and the infrastructure upgrade fee pursuant to Paragraph 4, the City shall make sewer service available to, and reserve sufficient capacity for all single family lots approved on the Final Plat without further payment of system development fees, tap fees, or similar charges_ Developer shall provide the City with Mylar "as built" drawings of all sewer lines installed in accordance with the terms ot this Agreement. in addition, Developer shall provide the City with a certification from a professional engineer that all construction was completed according to the plans and specifications approved by the City. All internal sewer lines constructed within the Four Mile Ranch subdivision property shall be constructed within the utility easements shown on the final plat and shall be constructed to City specifications. The City may inspect the sewer main and internal lines during and after construction to ensure compliance with City specifications and the approved plans. Upon completion of construction of the internal sewer lutes, said lines shall be conveyed to the Four Mile Ranch Homeowners Association, which Association shall own and maintain the lines until such time as they may be dedicated to the City. Said internal sewer lines shall be dedicated t� the City upon the City's request for such dedication. Developer agrees to construct a sewer main which will connect to the Property beginning at a location originating near Three Mile Creek at the City's existing sewer line and continuing up Midland Avenue, then along County Road 117: and terminating at the entrance to the four Mile Ranch project. Plans and specifications for the sewer main and internal sewer lines referred to in Paragraph 6 shall be prepared by Developer at its sole cost and shalt be submitted to the City for review and approval. Said train sewer line shall include an 8 -inch stubout beneath Road A at MH - 3 JAN, 8. 1998 1:51FM LEA`uENWORTii & ASSOC Na. 7423 P. 5 410 A7 for use in future development. Construction of said line and internal lines shall be at Developer's sole expense to accordance with City specifications, and Developer agrees to secure all permits and easements as may be required and to pay all applicable fees for connection to the City sewer system. Upon completion of construction of the main sewer line, said line will be conveyed to the Homeowners Association. The Homeowners Association shall be responsible for the repair and maintenance of the sewer main. One (1) year after conveyance to the Homeowners Association, the Homeowners Association shalt dedicated the main line to the city and shall provide a one-year warranty thereon. Thereafter, City shall own, operate, repair and maintain such main line. 9_ Water Service. Owner shall provide water service to the Subdivision including all required lines and connections. Upon annexation the City may request dedication of such water facilities to the City. Upon such request the facilities shall be transferred forthwith. At such time, the City will be responsible for all repairs and maintenance necessary for the safe operation of the water system facilities. a. Water Rights Dedication. Owner is required to dedicate any water rights appurtenant to the Property upon the exercise by the City of its right herein to require dedication of the water system. Upon dedication, such water rights shall be held by the City solely for the use and benefit of the Subdivision, and the users of the water system shalt be billed for potable water at the same rate as is effective for all in -City water users at that time. In addition, the City shall be bill and the Horneowxters' Association shall pay all annual fees associated with the West Divide Water Conservancy District allotment contract for the Subdivision. b. Water flows shall be adequate for fire protection purposes. c. Fire hydrants shall meet City standards and specifications as to, among others, location. 10. Acres to EavilVaLe Ranch. Stivi inn . Owner shall provide access adequate and satisfactory for sufficient police and emergency services to all of the Four Mile Ranch Subdivision, such services to be provided by the City upon annexation. 11. Roth.aAll drivewa;rs and roads constructed on the Property shall meet Uniform Fire Code requirements, as adopted by the City, including, but not limited to, road widths, grades, surfaces and turnarounds. Owner shall provide the City proposed road plan and profile for approval by the City prior to any such construction being initiated. All roads shat! be constructed to all City standards and specifications. 12. Parkland Dedication. Owner agrees to convey to the City the 2.3 acres parcel of land described in attached Exhibit "A" (hereinafter "Dedicated C)pen Space") upon approval by Garfield County of the .final plat of the Four Mile Ranch Subdivision. Developer shall retain an easement across the Dedicated Open Space to access the Roaring Fork River for water supply purposes. 4 -JAN. 8, 1998 1:51PM LEAVENWORTH & ASSOC • NO. 7423 P 6 The conveyance of the Dedicated Open Space to the City shall be contingent upon said parcel being used for park and recreation purposes and other public uses and any purpose specifically reserved herein by Developer. Recreation purposes shall include public access and other public uses to the Roaring Fork River by the public for purposes of fishing. The City agrees to convey to Owner, at the request of the Owner and upon approval of the final plat of the Four Mile Ranch Subdivision, a 25 -foot (25') easement across City property to access the Roaring Fork River for water supply purposes. Said easement shall be located in a mutually agreeable location, the approval of which shall not be unreasonably withheld. At such time as Developer desires to utilize said easement for the permitted purposes, Developer shall submit pians and specifications for Developer's proposed water diversion and water supply facilities to be located within the easement for review and approval by the City, which approval shall not be unreasonably withheld_ Said plans and specifications shall include provisions for the burial of any lines located within the easement. Upon conveyance of the space, Owners shall construct two (2) gravel parking spaces for access to the Roaring Fork River for recreation purposes. In addition, Owner agrees to construct and dedicate to the public an eight -foot wide asphalt pedestrian/bicycle path along the entire length of the Subdivision on the County Road 117 boundary, as described Exhibit "B" attached hereto. The path plans and specifications shall be reviewed and approved by the City prior to construction - 13. Electric and 'nth[ e itilities_ The Owner shall comply with the City Code as it is in effect arid amended from time to time, concerning the provision of electricity, cable, and other utilities not specifically provided for in this Agreement. 14. Provisions Exclusive. Che City and Owner acknowledge and agree that this Agreement contains all requirements of the Owner concerning the provision of water and sewer service to the Property, parkland dedications, utilities, and transportation impact fees, water system infrastructure upgrades, water rights dedications, and other matters expressly addressed under this Agreement. No additional substantive requirements shall be imposed upon the Owner with regard to these enumerated items. 15. n and Suhdivi: icm. The parties agree that, upon annexation, the Property shall be zoned with a City nne district classification which is no less restrictive than the current county zoning, and which permits subdivision of the nature described herein, If such zoning is riot effected, the parties agree that the Property may be de -annexed upon the petition of the Owners pursuant to paragraph 16 below, 16. De -annexation. The parties agree and stipulate that the express provisions of this agreement are a material consideration of the agreement of Owners to annex the Property to the City. Therefore, in the event the City fails to perform under the terms of this agreement as stated, the parties stipulate and agree, pursuant to C.R.S. 31-12-501, that it shalt be in the best interest of the City that the Property be disconnected from the City. it, such event, the City agrees to enact an JAN. 8, 1998 1; 52PM LEAVENWORTH & ASSOC 40 NO, 7423 P. 7 ordinance affecting such disconnection and will speedily act upon any application for disconnection submitted by Owners. The City further agrees that such disconnection is authorized by the Charter of the City of Cylenwood Springs and the applicable ordinances enacted by the City and that it shall take no action amending either its Charter or ordinances which would preclude such disconnection. 17. EleLt.ori. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. §31-12- 112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property to be annexed, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 18. Assam, +ent. The parties agree and acknowledge that the rights and obligations of the Owner under this Agreement may be assigned by the Owner to persons or entities acquiring title to the Property without the prior consent of the City; provided, however, such assignee agrees in writing to be bound by the terms and conditions of this Agreement, and the Owner shall give notice to the City pursuant to Paragraph 30, below, of any such conveyance, together with the assignee's written agreement to be bound by the terms and conditions of this Agreement. 19. 1 Jaiver of Defects. In executing this Agreement, Owner waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on Owner as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 20. Foal Ag eemen . This Agreement supersedes and controls all prior written and oral agreements and representations of the parties and is the total integrated agreement between the City and the Owner. 21. Mociiations. This Agreement shall not he amended, except by subsequent written agreement of the city and Owner. 22. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its officers or agents or their designees except in accordance with the city code, City ordinances, and the laws of the State of Colorado, and that Owner. when dealing with the City, acts at its own risk as to any representation or undertaking by the city officers or agents or their designees which is subsequently held unlawful by a court of law. 23. Captions. The captions in this Agreement are inserted only for convenience and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof 24.Rindin Effect. This Agreement shall he binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 6 r '1i flu 44 �'•�L�� � r shall b L�,�. ���� �y�(]�I � •� +��' L d' L •thi Ps -gee e o 1 sat affect d the i te, t� -void ons ° ti+�n sh at. It one the v �r°�' isi dete�tictz� e and elf e strue;ie��s, `�� thea "t'. It 'den gush ifl till force le oI e o oan t°vision a 1, ident u Sdicti tt, a!i Terrain t is c aP�' ender e p xo h s Ngreem Moll waU1d e 4nicht ' L ° the prtheti visions s en r amt°n 1. ca cit yts"�°n °� � other at � lid 0� eta r hie ��+�, aal ° hereto +�"� �''� pr° aids and the render�;'t �a o� oloiado s�lm� legal ati actin°n `� ion wtLh C► sett armies het er the �r°`� ss e meaning the Smote ikd eiti�er vests; �enu+e of stet geld tall haV e th e '084s tneot. s t agreed Nati 'e o iit: a'S°a pTofor ve ;� tan tis °�ned, eritn= it the suo�ect casts a sit 2� • en��'tcem an �°,� become ' lees and aTneys ce=and oblxgat' do een'ent to rneis oaf a performance. ed° em °t ° a aia anld s efltC e : remedies afl zar 1d 11 a e 5��1 �Cle ��` � 05 � �]1k� 1 ��� t5 '� e ie�i�a • sha is carie ,� "Is at h S � reg' �p$5� V�lr7��` ` 2S to tbe nrn ti*In�r= �'e C� �uimess r,,7e�ti. is �,d reser'' . CM) �'� � ding expert tfits °`gree ent rG��esente p� is reF between the ed� inclu atLon �,gteem land tuall�` tncnxT ire �� term ion si�citng 4 es shall sr�` �aeh necYecute this � g vg �t� t`.� into an liY anthor,7ed Merz°�• to d L hts r to . a� arl�,�ca1, sent. t,ces ce tatsa�sston a,�ttes'r+e tsst©� two t� � by no stru Nil. notoes tris of the $ sn u i low £tilt ot,c e,sicn es ile ve s er P ^50- eed ala sent paid, to the addresses �,f the parties set fc� h he h tliastll�r er u or c ti shall b et addxess as 11 cti sent, postage prep Te�ne5le Chap, b eellet}' b the propte n°tit` er shall s States,�i watch od Sptg be address to } alenwa avenue1p1 :it�oaer ings, CO� • n SSQ• .ond►ti'an' kgrevalen res an al‘ of which, be deLnjed 4 kn ' .ement and to w ch Thal! i ert tsh lbein ivimit=retd Yn dei i5 ngx 5t h ox ce n X11 �`!! noticesctivL Ua4 ur+ or regi �Gir tier shall be 94 2 bolts re e h d the One cotetP ed o' 'ae . r6e-tte . s all be deem ay to get�'►eT � shall takori . � �g and e clevo5tt be change ani i�enm so g 1-4otace to Citi' ' luGlenwoodSpr y w= a'' P arris, ri ood Spctng5 etel cup , ;vlicha Cit` c� �l Cooper �uenue S�� dSpxiags=C Cclot''�1ap JAN. 8, 1998 1:53PM LEAVENWORTH & ASSOC NO, 7423 P. 9 Notice to Owner: With copy to: • Fax (970) 945-2597 M -R Colorado Investors, Inc. and One & A Quarter Mile Ranch, Inc. c/o Four Mile Ranch Joint Venture 1205 South Platte River, Suite 101A Denver, CO 80223 (303) 733-9787 Leavenworth & Associates, P.C. 1011 Grand Avenue P.D. Drawer 2030 Glenwood Springs, CO 81 602 31. Gender. Whenever the context shall require, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. WHEREFORE, the parries hereto have executed duplicate originals of this Agreement on the day and year first written above. ATTEST: Rob n S. Clemons, City Clerk c rY OF GLENWOOD SPRINGS, COLORADO, a Colorado municipal corporation FOUR MILE RANCH JOINT VENTURE: M -R COLORADO INVESORS, INC. 8 Milford s.. Pepper, ' esident ' JAN', 6. 1996 1:53PM LEAVENWORTH & ASSOC • Secretary STATE OF COLORADO COUNTY OF GARFIELD ONE & A • NO, 7423 P, 10 ILE RANCH, INC. )ss. ilver, President uhscrib d rind sworn to before me this l _ day of ' , 1999, by . 0, 4Ac ' , as Mayor, and by '� ��% , as Clerk, on behalf of the City of Glenwood Springs, Colorado_ WITNESSmy hand and official seal. -- tru• 4' 9? e3 My commission expires: STA fF OF COLORADO COUNTY OF GARFIFLD )ss. ) Notary Public Subscribed and sworn to before me this day of 1997, by 9 7 ,, 'JAN, E, 199E 1:53PM LEAVENWORTH ASSOC • Milord S. Pepper, as President, and by , as Secretary, on behalf of the M -R Colorado Investors, Inc, ' TNNESS my hand and official seal. NO. 7423 P. 11 My commission expires STATE OF COLORADO ) •afig,p)ss. COUNTY OF ) Donald E. Ennio NOTARY PUBLIC -STATE OF COLORADO My Commission E7q,irms: OCT 17,2000 Notary Public Subscribed and sworn to before me thi '7 day of A% /0 r 1997, by Jack Silver, as President, and by !'�' as Secretary, on behalf of the One & A Quarter Mile Ranch, Inc. WITNESS my hand and official seal. My Commission Expires 11-20-1999 My commission expires: Notary Public • • January 7, 1998 Kae McDonald 1522 Bennett Avenue Glenwood Springs, CO 81601 (970) 945-0121 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs CO 81601 RE: Four Mile Ranch Development Company Dear Planners; SW 11 1998 Cir-0--ctLL 41Y 1 am representing the Glenwood Spring Historic Preservation Commission, and the concerns the Commission has with regards to the proposed Four Mile Ranch Development in Sections 27 and 34, T6S, R89W, and potential impacts this subdivision may have on the Cardiff Coke Ovens, a National Register site. Briefly, our concerns are centered on the potential impacts an increase in population will bring, as well as potential erosion along the ridge above the coke ovens. While we understand that the development will be located above the coke ovens on the terrace along Four Mile Road, and that there will be a greenbelt along the ridge, preventing a visual impact, there is potential for pedestrian and (mountain) bike traffic up and down the ridge, and along existing trails near the coke ovens. Unfortunately, with increased traffic comes increased impacts due to materials scavenging, climbing in and on the ovens, and vandalism. We understand that the Frontier Historical Society, who owns ten of the ovens, is currently in the process of protecting and preserving those ovens in their stewardship. Unfortunately, such a process takes time, and the ovens are not yet fully protected. We, as a Commission, hope that the county, and Four Mile Ranch Development Company, will consider what a treasure it is to have a National Register Historic site in the neighborhood, and treat it with the respect and consideration it deserves. Snicer ly, Kae McDonald, Ph.D. Vice -Chair Glenwood Springs Historic Preservation Commission • • FRONTIER HISTORICAL SOCIETY 1001 Colorado Avenue • Glenwood Springs, Colorado 816(11 • (970) 945-4448 January 7, 1998 County Planning Commission Garfield County Courthouse Suite 301 109 8th Street Glenwood Springs, CO 81601 Dear Planning Commission Members, ,SAN 0 9 1;98 Li In reference to proposed plans for development off of County Road 1 1 7 by Four Mile Ranch Development Company, please be aware that the ten Cardiff Coke Ovens owned by the Frontier Historical Society have been listed on the National Register of Historic Places. While it appears that the development will not have any direct impact on the ovens at this time, caution must be taken when considering future development in that area, in order to protect this important historic site, I know that many of you are mindful of the importance of maintaining the historical perspective while building for the future, and I trust that you and the entire Commission will take the coke ovens into consideration when making your decisions. Thank you. Yours most truly, Ann Roberts Museum Director • Sponsoring a Local Museum for Garfield County and Surrounding Communities • E._A NU I] 1 -ME . � 11\.PAN FEE Representing Land Title Insurance Corporation & Otd Republic National idle Insurance Company JANUARY 8, 1998 MR. LOYAL E. LEAVEN'WORTP ATTORNEY AT LAW 1011 GRAND AVE. GLENWOOD SPRINGS, CO 81601 LEAVENWORTH & ASSOCIATES, Rai') RE: M -R COLORADO INVESTORS, INC. AND ONE AND A QUARTER MILE RANCH, INC. DEAR MR. LEAVENWORTH: AT THE REQUEST OF FRONTIER DEVELOPMENT, WE HAVE UPDATED THE MINERAL SEARCH ON THE PROPERTY DESCRIBED IN LAND TITLE COMMITMENTS NO. GW220895 AND GW220896. AS OF JANUARY 6, 1998 THE STATUS OF OWNERSHIP IS UNCHANGED FROM MY LETTER OF FEBRUARY 25, 1997 (ENCLOSED). SINCERELY, ‘'..411:/1°°.f':: ---- TOM SCHUNEMAN ENC. TS/mam lb &irkS ,w ll)/fl i 817 Colorado Avenue Suite 102 P 0. Box 2102 Glenwood Springs, CO 81602 (303) 945-2610 FAX (3031945-4784 February 25, 1997 Mr. Loyal E. Leavenworth Attorney at Law 1011 Grand Avenue Glenwood Springs, CO 81601 Dear Lee: • The following information pertains to mineral rights and mineral owners of record for the property described in Land Title commitments no. GW220895 and GW220896: -Reservation of minerals by the United States in patents recorded June 20, 1893 in book 12 at page 233, recorded April 30, 1894 in book 12 at page 318, recorded July 29, 1895 in book 12 at page 375, and recorded March 4, 1935 in book 73 at page 194. -Reservation of an undivided one-fourth interest in all oil, gas, and other minerals as reserved by Raymond Smalts in deed recorded November 1, 1951 in book 260 at page 546. Address for Raymond Smalts: unknown -Reservation of an undivided one-fourth interest in all oil, gas, and other minerals as reserved by Francis W. Christensen in deed recorded June 10, 1950 in book 251 at page 25. Said interest was conveyed to John P. Bershenyi in quit claim deed recorded July 14, 1967 in book 385 at page 587. Address for John P. Bershenyi: 2833 County Rd. 117 Glenwood Springs, CO 81601 -The balance of the mineral rights are vested in the current owners of the subject property: M -R Colorado Investors, Inc. and One and a Quarter Mile Ranch, Inc. Sincerely, Tom Schuneman Title Examiner LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH. JR. JOSLYN V. WOOD" GREGORY J. HALL 'AdmiI ed in Hawaii and Texas only DONALD 13. HAMBURG Of Course! Mr. Michael Copp, City Manager City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 August 28, 1997 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Re: Four Mile Ranch Sewer Services Agreement and Open Space Dedication Agreement Dear Mike: Enclosed for your review and inclusion in the packets for the City Council meeting scheduled for September 4, 1997, are copies of the Sewer Services Agreement and the Open Space Dedication Agreement revised in accordance with our discussions. With respect to the Sewer Services Agreement, please note that the fee to be paid by the Developer for the infrastructure upgrade is a non-refundable payment of $250,000 as well as the prepayment of taps for the Four Mile Ranch Subdivision in the approximate amount of $100,000. The revised agreement does not provide for cost -recovery to the Developer. The enclosed draft of the Open Space Dedication Agreement relates to the parcel of land along County Road 163, which parcel is contiguous to City property. This Agreement has not been revised since the City Council last considered acceptance of dedication of the parcel. Please see that the discussion and approval of these two agreements are listed as separate agenda items for separate consideration by the City Council. As we discussed, the Developer will agree to the City's annexation of the Four Mile Ranch Subdivision at any time after Final Plat approval by the County that the City may in its discretion decide to annex the Subdivision. We are willing to enter into a Pre -Annexation Agreement to that effect. C:LFILES\COPPI. I LT • • LEAVENWORTH & ASSOCIATES, P.C. Mr. Michael Copp, City Manager Page 2 August 28, 1997 Finally, the City reserves in both Agreements all right to comment during the land use process before the County. Should you have any questions or comments concerning the foregoing, please do not hesitate to contact our office. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. LEL:lfk Enclosures cc: Four Mile Ranch Development, Inc. wlencs. Don DeFord wlencs. Mark Bean wlencs. Joe Hope w/encs. Sunny Vann w/encs. Tom Zancanella wlencs. C:\FILESICOPPf.1 LT • OPEN SPACE DEDICATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF GLENWOOD SPRINGS, COLORADO, a home rule municipality (hereinafter "City"), and the FOUR MILE RANCH DEVELOPMENT COMPANY, INC. (hereinafter "Developer"); WITNESSETH: WHEREAS, the City is a Colorado home rule municipality formed and functioning by authority of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, Developer has submitted an application for the subdivision and development of certain real property located in Garfield County, Colorado, which property is contiguous to the City of Glenwood Springs, which property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter "Property") and which is commonly referred to as the Four Mile Ranch Subdivision; and WHEREAS, Developer desires to obtain an easement across City property to access the Roaring Fork River for water supply purposes and in exchange therefor is willing to dedicate a portion of the Property to the City, which portion is adjacent to County Road 163 and the Roaring Fork River, as shown on the proposed Preliminary Plat as "Dedicated Open Space," attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, the City is willing to grant Developer an access easement and accept dedication of the open space upon the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Effective Date. Developer has made application to Garfield County for approval of a subdivision to be located on the Property. Approval of the final plat by Garfield County shall be a condition precedent to the effectiveness of the terms and conditions of this Agreement by either party hereto. In the event Developer has not received final plat approval from Garfield County within eighteen (18) months of the date hereof, then this Agreement will automatically terminate and be of no further force or effect. The City agrees to accept dedication of the open space described in Exhibit B pursuant to the terms and conditions of this Agreement. 2. Dedication of Open Space. Developer agrees to convey to the City the parcel of land described in attached Exhibit B (hereinafter "Dedicated Open Space") upon approval by Garfield County of the final plat of the Four Mile Ranch Subdivision. Developer shall retain an easement across the Dedicated Open Space to access the Roaring Fork River for water supply purposes. C:WILES\COLODNY.1 AG August 28, 1997 • • 3. Use of Dedicated Open Space. The conveyance of the Dedicated Open Space to the City shall be contingent upon said parcel being used for park and recreation purposes and other public uses and any purpose specifically reserved herein by Developer. Recreation purposes shall include public access and other public uses to the Roaring Fork River by the public for purposes of fishing. 4. Grant of Access Easement. The City agrees to convey to Developer upon approval of the final plat of the Four Mile Ranch Subdivision an easement across City property to access the Roaring Fork River for water supply purposes. Said easement shall be located in a mutually agreeable location, the approval of which shall not be unreasonably withheld. At such time as Developer desires to utilize said easement for the permitted purposes, Developer shall submit plans and specifications for Developer's proposed water diversion and water supply facilities to be located within the easement for review and approval by the City, which approval shall not be unreasonably withheld. 5. City's Right to Object. Nothing contained herein constitutes an endorsement of the Developer's land use proposal or shall preclude the City from commenting on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Cornmissioners, and the City expressly reserves all right to comment in any manner regarding said project. 6. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to the City: With copy to: Notice to Developer: With copy to: C;1F1LESICOLODNY,1 AG Augusi 28, 1997 City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 City Attorney 806 Cooper Avenue Glenwood Springs, CO 81601 Four Mile Ranch Development Company, Inc. 1205 South Platte River, Suite 101A Denver, CO 80223 Leavenworth & Associates, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 -2- • 7. Modifications. This Agreement shall not be amended except by subsequent written agreement of the City and Developer. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. The terms and conditions of this Agreement shall survive the closing of the transaction. 9. Attorneys' Fees. Should this Agreement become the subject of litigation between the City and Developer, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. WHEREFORE, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: City Clerk ATTEST: Secretary C:\F1LES\COLODN Y. 1 AG August 28. 1997 By By -3- CITY OF GLENWOOD SPRINGS Mayor FOUR MILE RANCH DEVELOPMENT COMPANY, INC. Harry Hart, President STATE OF COLORADO ) ) ss. COUNTY OFF ) Acknowledged, subscribed, and sworn to before me this day of 1997, by , as Mayor, and by , as Clerk, on behalf of the City of Glenwood Springs. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1997, by Harry Hart, as President, and by , as Secretary, on behalf of the Four Mile Ranch Development Company, Inc. WITNESS my hand and official seal. My Commission expires: C:I FE LESICO LO D N Y.1 AG August 28, 1997 -4- Notary Public • approved plans. Upon completion of construction of the internal sewer lines, said lines shall be conveyed to the Four Mile Ranch Homeowners Association, which Association shall own and maintain the lines until such time as they may be dedicated to the City. Said internal sewer lines shall be dedicated to the City upon the City's request for such dedication. 6. Construction Requirements. Developer shall provide the City with Mylar "as built" drawings of all sewer lines installed in accordance with the terms of this Agreement. In addition, Developer shall provide the City with a certification from a professional engineer that all construction was completed according to the plans and specifications approved by the City. 7. Sewer Service. The City agrees to provide sewer service to the number of lots in the Four Mile Ranch Subdivision approved by Garfield County, not to exceed 58, upon completion by Developer of the terms and conditions contained herein. Within sixty (60) days of Final Plat approval by Garfield County of the Four Mile Ranch Subdivision, the Developer shall pay the City system improvement fees in the amount of $1,736,44 per single-family lot for all lots approved on the Final Plat. Upon receipt by the City of the system development fees pursuant to this paragraph and the infrastructure upgrade fee pursuant to Paragraph 4, the City shall make sewer service available to, and reserve sufficient capacity for, all single family lots approved on the Final Plat without further payment of system development fees, tap fees, or similar charges. 8. City's Right to Object. Nothing contained herein shall preclude the City from commenting on or objecting to the approval of the Four Mile Ranch subdivision project before the Garfield County Planning and Zoning Commission or Garfield County Board of County Commissioners, and the City expressly reserves all right to comment in any manner regarding said project. 9. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to the City: With copy to: Notice to Developer: C:1 FI LESICOLO D N YA . I AG August 28, 1997 City of Glenwood Springs 806 Cooper Avenue Glenwood Springs, CO 81601 City Attorney 806 Cooper Avenue Glenwood Springs, CO 81601 Four Mile Ranch Development Company, Inc. -3- With copy to: • 1 1205 South Platte River, Suite 101A Denver, CO 80223 Leavenworth & Associates, P.C. 1011 Grand Avenue P. O. Drawer 2030 Glenwood Springs, CO 81602 10. Modifications. This Agreement shall not be amended except by subsequent written agreement of the City and Developer. 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 12. Attorneys' Fees. Should this Agreement become the subject of litigation between the City and Developer, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. WHEREFORE, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: City Clerk ATTEST: C 1FILES\COLODNYA.IAG August 28, 1997 By By -4- CITY OF GLENWOOD SPRINGS Mayor FOUR MILE RANCH DEVELOPMENT COMPANY, INC. Harry Hart, President Secretary STATE OF COLORADO COUNTY OF ) ss. } • Acknowledged, subscribed, and sworn to before me this day of 1997, by , as Mayor, and by , as Clerk, on behalf of the City of Glenwood Springs. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1997, by Harry Hart, as President, and by , as Secretary, on behalf of the Four Mile Ranch Development Company, Inc. WITNESS my hand and official seal. My Commission expires: CAFI LESICO LO D N YA. I A G August 28, 1997 -5- Notary Public