Loading...
HomeMy WebLinkAbout6.0 Offsite ImprovementsJUN. 8.2408 3.54PM LEAVENWORTH & TESTER LOYAL E. LEAVENWORTH CYNTHIA C- TESTER SANDER N. KARP DAVID E. LEAVE'WOR.TH, TR. GREGORY I. HALL DAVID H. McCONAUGHY FELLY D. CAVE TOM RDNEY SUSAN W. LAATSCR TAMES S. NEU JULIE C. BERQU1ST NO. 873 • LEAYENWORTR & TESTER, P.C. ATTORNEYS AT LAW Don DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 Re: County's $58,000 Contribution for rhe Four NJile Ranch Subdivision's Off --Site Road Improvements 1011 GRAND AVENUE 1'. O. DRAWER 2030 GLENWCOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 LTLaw@sopris.net June S, 2000 DENVER OFFICE:' THE TER1tACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 Litawdenver@aol.com *Tie= e direcr all correspondence ro oor Glenwood Springs Office) VIA FAX Dear Don: As you know, on March 6. 2000, the Garfield County Board of County Commissioners ("B©CC") agreed to contribute Fifty Bight Thousand Dollars ($58,000) to assist in the upgrade of County Road 117 (see attached copy of the draft minutes of the March 6, 2000, meeting), Four Mile is executing a Deposit Agreement with the BOCC whereby Four Mile will deposit cash with Garfield County to pay for the rem lining off-site improvements (the "Improvement Funds") . The Deposit Agreement includes a recital which documents the County's S58,000 contribution for the improvements to County Road 117. Upon execution of the Deposit Agreement and Four Mile's transfer of the Improvement Finds to the cash deposit account, the County shall transfer its $58,000 contribution to Four Mile's cash deposit account. Under the terms of the Deposit Agreement, the County controls distribution of the funds and can make sure that the County's contribution is used for County Road 117 improvements. If we do not hear from you within seven (7) days, we will assume that you agree with the terms and conditions of this letter. Please call me if you have any questions regarding this matter. LEL:lln Enclosure cc: The Four Mile Ranch Develcpment Company, wlenc. High Country Engineering, Inc., wlenc. Very truly yours, LEAVENW RTH & TESTER, P.C. Loyal E. Leavenwortlir- h 1:1200011 eners-McmosICOLODNY-4 MILE-I1eFoed-la-7.wpd 'JUN. 8. 2000 3 54PM LEAVENWORTH c FESTER • DRAFT NO. 873 P. March 6, 2000 Board of County Commissioners SIGN FINAL PLAT AND SUBDIVISION IMF ROVEMENTS AGREEMENT FOR FOUR MILE RANCH SUBDIVISION Lee Leavenworth and Don DeFord were present. Lee said the City did approve the Special 'Use Permit for the Four Mile Improvements so they are ready to go_ The mylars is over at the County Surveyor -- not signed to -date. Discussions with the County Attorney and Mark Bean were to have the Commissioners make a motion that would be appropriate today, since nothing can he signed today, but it is very important to get the Final Plat and Subdivision Improvements Agreement for Four Mile Ranch Subdivision approved today. Don submitted correspondence receive') from Lee dated today. As indicated Lee has discussed this with Don earlier today regarding not having the signature from the lender on the plat, What Don agreed to recommend to the Board was to authorize the Chair the sign the plat, subdivision improvements agreement and cash depo',it agreement when the plat is complete and fully signed. Further, by the Commissioner's motion, t7 direct that the Clerk hold her recording all final plat documents until the full executed plat, subdivision improvements a.greemeut and cash deposit are received Don explained that normally the County utilized a letter of credit on security on improvement_ In this case. the developer anticipates the deposit of cash with the Treasurer's Office. An agreement has been reached as to how that will be received and distributed. In summary, it's substantially similar to the manner in which we would treat a letter of credit except in this case the County holds cash. There is a fee charged by the Treasurer to hold these funds. Don said he could recommend that the Board go ahead and perceive this in that manner. The County will be also be receiving a certificate from their engineer concerning both the cost of additional improvements as well as certifying the substantial improvements completed to -date, Lee said they have done a preliminary letter on that; the plan kept changing on the road_ They actually expect to have a signed contract ).i the road tomorrow and will let Mark Bean review the letter. Lee stated he did prepare a prop( sed motion. Don mentioned there was one other item. that Lee raised in his letter that needed to be pointed out to the Board -- that is the County's contribution to the road. In the letter they present their arguments as to why the County, at this j;rncture should also authorize the transfer of S5S,000 to the same fund to be held by the Treasurer to be applied to the construction of Four Mile Road. Don stated they have met the conditions of the Board however, it is ultimately the decision of the Board to make that finding. This addit.onal authorization should be included in the motion. Ed clarified that this was for Road and Bridge from capital, Lee handed out the motion he prepared for the approval of the Subdivision Improvements Agreement for Four Mile Ranch. Lee commented that the agreement with the County to pay for some of the improvements to the Four Mile Road only in consideration, avoiding the retaining wall and them getting approvals from the City to do that and acquire the easement from Mr. McGregor. This goes back to the meeting that was held back in January. Commissioner Stowe stated the County had agreed to the S116,000 as how much more to build the retaining wall and the Board had agreed to split that cost with them in that they acquire the necessary easements or anything, the ourrty would not be involved in fifty easements and -put our 50% of that added cost. Lee stated that correspondence was exchanged with h Dau at the Lire to rnalze clear .what the County said and his request is consi cert with that correspondence. Action Taken A motion was rnade by Commissioner Stowe to approve the Four Mile Ranch Subdivision's Final Plat, the Subdivision Improvement Agreement and the Cash Deposit Agreement, and direct Mildred Alsdorfto record Four Mile's r7inal Plat upon receipt of Four Mile's fully executed mylars and fully executed SIA and Ca .h Deposit Agreement, and Four Mile's cash deposit for completion of the public improveme.Y in an amount to be approved by staff, and that we -JUN. 8. 2000 3:54PM LEAVENWORTH & TESTER 41 NO. 873 DRAFT • approve a transfer of $58,000 from the County as the maximum obligation to the County to the Four Mile's cash deposit account, once it is funded by Four Mile, in satisfaction of the County's pledge to assist in the improvements to Four Mile .. County Road 117. Commissioner McCown seconded. Motion carried. Discussion - Don DeFord clarified that no conveyance would be made until the final plat has been signed. Lee Leavenworth stated that he understood. Sewer Line Construction Lee stated the County has asked them to wait until April I . Lee will be happy to require that this be coordinated with Road and Bridge. If the County would like he require that the Contractor take out some ads in the newspaper addressing, about the management program and when construction will start. Commissioner Martin requested a copy of the closures to be forwarded to the Courthouse so it can be posted in a public place. LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE TOM KINNEY SUSAN W. LAATSCH JAMES S. NEU January 31, 2000 City of Glenwood Springs Planning and Zoning Commission 806 Cooper Avenue Glenwood Springs, CO 81601 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS. COLORADO 81602 TELEPHONE:. (970) 945-2261 FAX: (970) 945-7336 ItUaw@sopris.net Re: Special Use Permit for the Four Mile Ranch Subdivision Off -Site Improvements to County Road 117 Dear Planning and Zoning Commission: I am writing on behalf of The Four Mile Ranch Development Company ("Four Mile"). Four Mile is applying for a Special Use Permit ("SUP") from the City of Glenwood Springs to re -grade approximately two acres of property located adjacent to and east of County Road 117 (hereinafter referred to as "GLC's Property") which is owned by the Glenwood Land Company, LLC ("GLC") and zoned Hillside Preservation District ("HPD"). Four Mile shall not be constructing any structure or facility on GLC's Property or in the HPD. Rather, Four Mile is merely re -grading GLC's Property in conjunction with Four Mile's improvements to CR 117 as detailed in the Four Mile Ranch Subdivision's Off -Site Improvement Plans, dated January 26, 2000, nine sheets (the "Plans"), prepared by High Country Engineering, Inc. Attached for your review are the following exhibits: A. A completed application form with a check for fifty dollars ($50.00) for filing fees. B. Written authorization from GLC and proof of ownership. C. The Plans, which depict existing and proposed slope configuration. D. Plan for reclamation and revegetation. E. Letter from High Country Engineering, Inc. addressing the need for the project and addressing the requirements of the Glenwood Municipal Code Section 070.040.030.A.7. As depicted in the Plans, Four Mile will be improving the safety on CR 117 by constructing larger driving lanes, shoulders, barrow ditches, and by reducing the existing roadway F:120001Letre rs- MemosCCO LO DN Y-4 M i LE -SUP- I - I tr. wpd LEAVENWORTH & TESTER, P.C. City of Glenwood Springs Planning and Zoning Commission Page 2 January 31, 2000 grade from 13% to 7%. Additionally, with the re -grading of GLC's Property, drivers sight distances will no longer be hindered. Since Four Mile has decided to re -grade GLC's Property and revegetate with natural landscaping, instead of building large and aesthetically displeasing retaining walls which would scar the hillside, the natural features of GLC's Property shall be preserved and the re -grading shall visually harmonize with the natural surroundings in accordance with the Glenwood Municipal Code Section 070.040.030.A.7. Four Mile, therefore, respectfully requests that the City of Glenwood Springs approve its Special Use Permit at the February 22, 2000, Planning and Zoning Commission's meeting. Please call me if you have any questions regarding this matter.. Very truly yours, LEAVENWORTH & TESTER, P.C. LEL: Enclosure cc: High Country Engineering, Inc., wienc. The Four Mile Ranch Development Company (Denver and Florida), wlenc. Andrew MacGregor, wlenc. Mark Bean, wlenc. Don DeFord, Esq., w/enc. F.\2000\ Letters -Memos ICOLO DNY-4MILE-SUP-1-1 r.w}ad 01--21-2000 12:19PM DIJNRENE FLAMM CETY OF GLENWOOD 31)15 GOOD AVENUE., WNW 3 APPLica►`N"T OwFOEM fl N The tour mile fah Dave1opment Csampaa. 01..a.Joed Land Oo any, LLC °wetr ! .p.5. TION 1 970 925 9076 P.02 SPRINGS, C0 81601 Pe ati :I t+ v a' •1205; S . , P1et.te Simlar, Drive', Suite GL -100 ; at Coopar; lve. , Aspea ! OOi : S16 1 4pp s � 'LS303 0040 i Cl2 823 SAddrOSS ! '0303)x93 -9'x87 733-9802 ! 97+ '25-9046 1 ; 970-92-9076 Appligattet Phoma Namur FAX I+lber • 11 14140ber • ' 1 F • +QRMATUBN { { Lot lard I *tier ExixEi4Land 'Use sa +abtaiA a a E al wa permit for,aete A, util. ty,' re-grawagand maiptat zna,l SIGNATURES , The owe# or the opplirift ant be prow g the Inning. An p k& 11100480 mmk t Purley, tioticlit AcCordia8 G.S.M.C. action 070.01Sro30. sc4awaradi�a Y gsnit VP= Vika I �i mead: � or flaw iaed mama puma.oI M', r emporia sign 1 dat �� (au& Pam i 704 0rY toe above kicemadaa IIj. sstive wad cahmx to dig t cff ar,T imowtedgr• I 1 l I 431-212900 12:13P 1 P.03 TOTAL P.02 AFPLICANT(PROPERTY OWNER INFORMATION The Four Mile Ranch Development Company Applicant Glenwood Land Company, LLC Owner Relationship to Owner Owner 1205 9. Platte River Drive, Suite GL -100 525 East. Cooper Ave., Aspen CO 81611 Applicant's Address Denver, CO 80223 Owner's Address (303)733-9787 (303)733-9802 Applicant's Phone Num FAX Number Owner's Phone Number FAX Number 570-925--9046 970-925-9076 01/31/00 15:22 JAN r 31. 2000 11:06AM LEAVENWORTH & T S LR PLUG APPLICATION CITY OF GLENWOOD SPRINGS 806 COOPER AVENUE, 4 LENWOOD SPRINGS, CO 81601 9'195.75 H0.193 P02 NO. 293 P. 2 PROPERTY INFORMATION Address Subdivision Zane 2185-272-0C-049 Parcel Number Lot and Bleak Number Vacant Existing Land Use GENERAL PROJECT DESCRIPTION To obtain a spe&ial use permit for acceas, utilit re- radars and ulaintenauce purposes in con.unction with th in OB -d road Lot ray �rna�rbp nine sheets. dated SIGNATURES The owner or the applicant must be !resent at the b23rine. All public hearings must be prupedy noticed a. enrthvg re, G.S_M.C. Section 070,010.030. Signatures of all owners of the property mast appear before the application :s accepted. Partnerships or corporations may have he authorized general partner or corprrnue after sign Owner . aept��rs �Qee.cbadethisztrad pow it x3- 1 declare under penalty or perry that the above information i5 rete arid correct to rhe best of my knowledge. The Thur. Mile Ranch Development Comping Owner Date Date 01-21-2000 12:1?PM DUNRENE 1 970 925 9076 P.01 qty of Glenwood Springs Planning awed Zoning Commission $06 Cooper Avenue `Glenwood Springs, CO 81601 r4ij Copal its04 11.7 itt Planning a Zoning Commission:1 ; 1 am writing nn beludf of Glenwood Land Company, LLC which 4:191D5 properly east and adjacent to Cot* Road 117 in Glenwood Spriegs, Colorado, as 8:wavily depicted an the Ischerifistic prei!#.0 by Th zis Country Beenetaing, Inc. which is part of the attached epee* use! peanut applicatioli3Ocreinafte• reed to as thefPropliar. The Property Is arid to the Oty lof tmernift04 siring& and meted 'aside preservation &millet 1 1 spoke With representatives front The Fear Mile Ranch DeveloPment Company (Tour 1Utie") ou jamas* .17,2000, and I authorize rani, Ode to submit a special use pesmit application *ft the Property for acceas, uty, reliading, repair, and maintenance purpose s in conjunctien • 'tti the propesialitoad improvements as depicted in the "'. P1a1ne entitled Polar Mile Sbcirvision's Wats 11nm:weaned Plane, nine Sheets, Med January 20, 200Ct, ilraid by MI* cc4mhTEngineering, Inc • ; d Lacd Compoiy, LLC } v.examdissmiestagi.ewb-bisa 1 01 -2i-2000 127,13,11 Hecorcled at _ u'cctock + !ut DEC 1 3 1891 Bn11iUU ) r.IJ Reception No. 472:082 MILDRED ALSDORF, RECORDER pEti; { 3 1994 GARFIELD COUNTY, COLORADO r GARFIEL(} CORRECTION WARRANTY DEED State Doc Fee THIS DEED, Made this 22nd day ofJuly, 1994, between Glenwood, Ltd., a Joint Venture consisting of the Zinko Family Partnership, a Limited Partnership, and Valley View , Ltd., a Joint Venture, grantor, and Glenwood Land Company, LLC, whose legal address is c/o Robert Macgregor, 525 E. Cooper, Aspen, Colorado 81611, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the grantee, its successors and assigns forever all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: All of the real property described on Exhibit "A" annexed hereto and incorporated herein by this reference. Together with, but without warranty whatsoever, any and all water and water rights, ditches and ditch rights, springs, seeps and wells appurtenant to or used upon or in connection with the lands described on Exhibit A hereto. This deed is given to correct certain errors in the legal descriptions of Parcel 1 and Parcel 3 as described in the Warranty Deed recorded July 22, 1994, as Reception No. 466209 in Book 909 at Page 587 of the records of Garfield County, Colorado, All other terms, covenants and provisions of said Warranty Deed, as well as the descriptions and conveyances of all other real property described therein are hereby ratified and confirmed. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in taw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for itself, its successors and assigns, does coveuant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and That the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except taxes for 1994, due in 1995 and except those reservations, conditions, easements, covenants, declarations and other matters set forth on Exhibit " B" annexed hereto and incorporated herein by this reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part -thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above, GLENWOOD, LTD., A JOINT VENTURE By: The Zinko Family Partnership, A Colorado Limited Partnership By: By: Catherine Zinko, Gen Return to: Leonard M. Oates Oates, flushes & Knezevich, P.C. 533 East Hopkins Avenue Aspen, CO 81611 By: VALLEY VIEW, I.TD, A JOINT VENTURE By: By: rr ene li L=Ili, as an individual Joint Venturer CAROL. COOK Eugene E. Lalli, IlerAttorney-in-Fact 30" STATE OF 6 er ) ei.o/ ) ss. COUNTY OF t B) 41.,ejt The foregoing instrument was acknowledged before me this /.. day of August, 1994, by Eugene E. Lalli, Individually and as President/Trustee of E.E. Lalli & Associates Profit Sharing Plan, and as Attorney -in -Fact For Carol Cook, Robert P. Paunovich, Marie DeLuca, Kay Horsley and Dalrie Berg, all as Joint Venturers of Valley View, Lid, By: By: By: By: By: E6o O 25Pi:r.;390 Eugene E. Lalli, Her Attorney -in -Fact ROBERT P. PAUNOVICH gea- 141 ugeneLaw, His Attorney -in -Fact 'gene E, Lalli, Her Attorney -in -Fact KAY HORSLEY Eugene . Lalli, Her Attorney -in -Fact ❑ALRIE BERG Eugene E. Lalli, His Attorney -in -Fact E.E. LAI.LI & ASSOCIATES PROFIT SHARING PLAN Eugene Lalli, President/Trustee JOINT VENTURERS OF VALLEY VIEW, LTD. Witness my hand and official seal. My commi SEAL: STATE OF COLO ) ss. COUNTY OF CGARFIELD) The foregoing instrument was acknowledged before me this --de; of August, 1994, by Otto Zinko and Catherine Zinko as General Partners of the Zinko Family Partnership, a Colorado Limited Partnership. Witness my hand and officio al, My commission exp ked' . 9,j • ?�/NOTARY \ . , PUBLIC /o ¢AZ) _'� SEAL: 2 R Notary Public EXHIBIT A TO CORRECTION WARRANTY DEED PARCEL 1; ?of O925/..c,391 A parcel of land located in the south one half of Section 22 and the /north one half of Section 27, Township 6 South, Range B9 West of the Sixth Principal Meridian, Garfield County, Colorado. Said parcel is more particularly described as follows, to wit: Beginning at a point on the southerly boundary of Glenwood Park Subdivision from which a witness corner set for the north one quarter corner of Section 27, said township and range bears N 89°53'39" E 1218.02 feet distant; thence along the southerly boundary of Glenwood Park Subdivision the following three (3) courses: 1) North 80 degrees 59 minutes 45 seconds East (N 80°59'45" E), a distance of 943.29 feet; thence 2) North 67 degrees 54 minutes 13 seconds East (N 67°54'13" E), a distance of 108.84 feet; thence 3) North 47 degrees 32 minutes 42 seconds East (N 47°32'42" E), a distance of 833.44 feet; to the intersection with the westerly line of a parcel of land described at Bock 792, Page 658, Garfield County Records; thence along the westerly and southerly line of said parcel on the following five (5) courses: 1) South 42 degrees 27 minutes 50 seconds East (S 42°27'50" E), a distance of 422.51 feet; thence 2) South 36 degrees 15 minutes 48 seconds East (5 36°1.5'48" E), a distance of 615.57 feet; thence 3) South 38 degrees 37 minutes 12 seconds East (S 38°37'12" E), a distance of 568.26 feet; thence 4) South 00 degrees 36 minutes 05 seconds West (5 00°36'05" W), a distance of 354.65 feet; thence 5) North 89 degrees 09 minutes 21 seconds East (N 89°09'21" E), a distance of 120.41 feet to a point an the easterly line of the northwest quarter of the Northeast quarter of Section 27; thence South 00 degrees 49 minutes 01 seconds East (S 00°49'01" E) a distance of 509.71 feet to the southeast corner of the northwest quarter of the northeast quarter of Section 27; thence North 89 degrees 04 minutes 54 seconds West (N 89°04'54" W), a distance of 266.86 feet along the southerly line of the northwest quarter of the northeast quarter of Section 27 to a point where an extension of the easterly line of the Glenwood Springs Municipal Airport intersects said southerly line of the Northwest quarter of the northeast quarter of Section 27; thence along the boundary of said airport parcel and along said extension the following four (4) courses: 1) North 27 degrees 01 minutes 38 seconds West (N 27°01'38" W), a distance of 1882.11 feet; thence 2) South 63 degrees 41 minutes 22 seconds West (S 63°41'22" W), a distance of 430.00 feet; thence 3) South 27 degrees 00 minutes 38 seconds East (S 27°00'38" E), a distance of 260.20 feet; thence 4) South 27 degrees 01 minutes 13 seconds East (S 27°01'13" E), a distance of 327.60 feet EXHIBIT A TO CORRECTION WARRANTY DEED PARCEL I CONTINUED: BOoK0925 m; 392 to a point on the centerline of a 45.00 foot right of way as shown on ,the Hughes Addition to Cardiff; thence South 01 degrees 22 minutes 11 seconds West (5 01°22'11" W), a distance of 226.79 feet along said centerline; thence North 88 degrees 37 minutes 49 seconds West (N 88°37'49" W), a distance of 88.50 feet to the northwest corner of Lot 12, Block 4, Hughes Addition to the Townsite of Cardiff; thence South 01 degree 22 minutes 11 seconds West (S 01°22'11" W) 120.00 feet along the westerly line of Lot 12 and its extension to the center of Third Street as shown on said Hughes Addition; thence South 88 degrees 37 minutes 49 seconds East (S 68°37'49" E) 66.00 feet along said centerline to the easterly line of the northeast quarter of the northwest quarter of Section 27; thence South 01 degrees 22 minutes 11 seconds West (S 01°22'11" W) 445.00 feet along said easterly line to a point on the northerly line of the south 20 feet of Lots 6 and 7, Block 2, Hughes Addition No. 2; thence along said northerly line North 66 degrees 37 minutes 49 seconds West (N 88°37'49" W), a distance of 39.91 feet to the intersection with the northwesterly line of a parcel of land described at Book 408, Page 241, Garfield County records; thence North 78 degrees 48 minutes 00 seconds West (N 78°48'00" W), a distance of 123.89 feet along said northwesterly line; thence South 32 degrees 46 minutes 00 seconds West (S 32°46'00" W) a distance of 130.90 feet to a fenceline marking the northerly right of way of a County road; thence North 69 degrees 17 minutes 37 seconds West (N 69°17'37" W) 27.43 feet along said fenceline; thence North 71 degrees 51 minutes 52 seconds West (N 71°51'52" W) 40.39 feet along said fenceline to the intersection with the northerly right of way of Midland Avenue; thence along said northerly right of way the following eight (8) courses; 1) North 59 degrees 54 minutes 30 seconds West (N 59°54'30° W), a distance of 258.59 feet; thence 2) South 30 degrees 65 minutes 30 seconds West (S 30°05'30" W), a distance of 50.00 feet; thence 3) North 59 degrees 54 minutes 30 seconds West (N 59°54'30" W), a distance of 660.69 feet; thence 4) North 67 degrees 24 minutes 02 seconds West (N 67°24'02" W), a distance of 257.20 feet; thence 5) North 52 degrees 23 minutes 02 seconds West (N 52023'02" W), a distance of 145.08 feet; thence 6) North 39 degrees 27 minutes 48 seconds West (N 39°27'48" W), a distance of 94.34 feet; thence 7) South 50 degrees 32 minutes 12 seconds West (S 50°32'12" W), a distance of 20.00 feet; thence 8) North 39 degrees 11 minutes 17 seconds West (N 39°11'17" W), a distance of 189,87 feet to a point on the southerly line of a parcel of land described at Book 510, Page 614, Garfield County Records; thence North BO degrees 59 minutes 42 seconds East (N 80"59'42" E), a distance of 237.55 feet along said southerly line; thence North 09 degrees 00 minutes 18 seconds West (N 09°00'18" W), a distance of 406.09 feet along the easterly line of said parcel and along the westerly line of the Glenwood Park Subdivision to the true point of beginning; and containing 60.223 acres, or 2,623,293 square feet. EXIIIBIT A TO CORRECTION WARRANTY DEED PARCEL 3: BnOYO925pm 393 A} parcel of land located in the southwest quarter of the northwest quarter and in the southeast quarter of the northwest quarter of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado. Said parcel of land is more particularly described as follows, to wit: Beginning at a stone found in place for the west ane quarter corner of said Section 27 from which a witness corner set for the north one quarter corner of said Section 27 bears North 42 degrees 48 minutes 40 seconds East {N 42°48'40" El 3562.80 feet distant; thence North 00 degrees 00 minutes 08 seconds East al 00°00'08" El along the westerly line of said southwest quarter of the northwest quarter, a distance of 1 335.20 feet to the northwest corner of the southwest quarter of the northwest quarter; thence South 88 degrees 35 minutes 03 seconds East fS 88°35'03" EJ along the northerly line of the southwest quarter of the northwest quarter, a distance of 1122.80 feet to a paint on the westerly line of a parcel of land described at Book 296, Page 41 7, Garfield County Records; thence along the westerly line of said parcel the following four (4) courses; 1J South 19 degrees 37 minutes 11 seconds West (8 19'37'11" WI, a distance of 114.02 feet; thence 2) South 00 degrees 36 minutes 45 seconds East (S 00°36'45" E), a distance of 305.37 feet; thence 3] South 06 degrees 25 minutes 00 seconds East IS 06°25'00" E], a distance of 289.78 feet; thence 4) South 31 degrees 15 minutes 00 seconds East (S 31°15'00" E), a distance of 585.02 feet; to a paint on the easterly extension of a fence line described at Book 401, Page 409, Garfield County Records; thence South 60 degrees 35 minutes 44 seconds West (8 60°35'44" W], a distance of 52.04 feet; along said fence line and its easterly extension; thence South 81 degrees 15 minutes 11 seconds West (S 81°15'11" W), a distance of 46.80 feet along said fence line to a point on the easterly line of said southwest quarter of the northwest quarter of Section 27; thence South 00 degrees 41 minutes 12 seconds West (5 00°41'12" W), a distance of 108.57 feet along said easterly line to the southeast corner of the southwest quarter of the northwest quarter thence North 88 degrees 30 minutes 34 seconds West (N 88°30'34" WI along the southerly line of said southwest quarter of the northwest quarter, a distance of 1330.93 feet to the west one quarter corner of Section 27, the point of beginning; and containing 36.414 acres, or 1586176 square feet. BooK0925 w; 394 EXHIBIT i3 TO CORRECTION WARRANTY DEED. DATED JULY 22. 1994 FROM GLENWOOD LTD.. GRANTOR TO GLENWOOD I,ANID COMPANY. LLC 1. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area, 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: BOOK PAGE REC. 0 PROPERTY AFFECTED PARCEL Von 12 140 .13945 S1/2SW1/4 AND SH1/4SE1/4 SEC. 22 1, 2 & 5 12 310 17230 E1/2NE1/4, SW1/4NE1/4 AND NW1/4SE1/4 SEC.27 4 71 631 91306 SW1/4N11/4 SEC. 27 3, 4 12 375 10560 SE1/4NW1/4, NWI/4NE1/4 AND }s1/2N141/4 SEC.27 1, 3, 4 3. Right of way for ditches or canals constructed by the authority of the United States, au reserved in United States Patent recorded as follows¢ BOOK PAGE RECEPTION NO. PROPERTY AFFECTED PARCEL NO. 12 318 17230 ,(SEE AIME) 4 71 631 91306 (SEE ABOVE) 3, 4 12 375 10560 (SEE ABOVE) 1, 3 & 4 4. Easement and right of way for water pipelines and tanks granted to Tile Cardiff Light and Water Company by Ed 5. llughes by instrument recorder] December 9, 1.901 in Book 67 at Page 523 as Reception No. 34376. 5.'. Easement and right of way for road purposes granted to Paul .1. White and Betty M. White by George W. Sumers by instrument recorded October 10, 1950 in Book 254 at Page 327 as Reception No. 173763. 6. Agreement relating to removal, construction and maintenance of fence as set forth in instrument recorded October 11, 1950 in Rook 254 at Page 327 as Reception No. 173763. 7. Easement and right of way for water pipeline purposes granted to The City of Glenwood Springs by George W. Summers by instrument recorded March 19, 1952 in Book 263 at Page 305 as Reception No. 170027. 0. Easement and right of way for communication facility, as granted to The Mountain States Telephone and Telegraph Company by Congregation of the noly Glioat Western Province, Inc., in the instrument recorded April 20, 1972 in Hook 430 aL Page 140 as Reception No. 253513. 9. Easement for roadway in the Southeast portion of the NW1/4NE1/4 of_SecLion 27 as shown on map recorded April 30, 1963 in Plat Book 3 at Page 11, as Reception No. 221264. 10. Right of way for the uninterrupted flow of Three Nile Creek. 11,. Existing right of way on Easements for newer, gas, water, ditch, canal, electrical, telephone or other utility purposes as reserved in the Vacation Ordinance Resolution No. 89-125 recorded September 7, 1909 in Book 762 at Page 555 as Reception No. 405380. booK0925 rl:ci 395 EXHIBIT B TO CORRECTION WARRANTY DEED. DATED JULY 22. 1994 FROM GLENWOOD LTD.. GRANTOR TO GLENWOOD LAND COMPANY. LLC Continued: 12. Terms, conditions, obligations and effects of the easement agreement between the City of Glenwood Springs, and Glenwood Limited recorded May 24, 1978 in Book 510 at Page 436 as Reception No. 285763. 13. Terms and conditions of County Sub -Exemption Resolution No. 79-151 recorded December 4, 1979 in Book 540 at Page 436 as Reception No. 299961. 14. Right of way and Easement as granted to Rocky Mountain Natural Gas by Glenwood Ltd. in Document recorded in Book 742 at Page 448 as Reception No. 395970. 15. Terms and conditions of Zoning Ordinance No. 26 Series 1989, recorded July 29, 1989 in Book 758 at Page 839 as Reception No. 403628. 16. Subject to any and all easements, encroachments, or other conditions, whether or not evidenced by recorded instruments, as disclosed on survey plat prepared by Schmueser, Gordon, Meyer, Inc. and dated July 1, 1994. 17. As to Parcel 5 described on Exhibit A hereto, subject to any possessory rights, uses or claims of third parties. 18. As to Parcel 1 described on Exhibit A hereto, subject to all streets and alleys depicted on Plat of the Hughes Addition to the Townsite of Cardiff and the Hughes Addition No. 2 to the Townsite of Cardiff, recorded as Reception Nos. 76128 and 81450 of the records of Garfield County Colorado, and including any portion ofa 45 -foot right -of way dedicated as a public roadway on the aforesaid Plat of the Hughes Addition No. 2 to the Townsite of Cardiff, which may be included in the description of Parcel I. 1.9. Subject to any conflicts with lands deeded to the Board of County Commissioners by deeds recorded in Book 67 at Page 288 as Document No. 33593 and recorded in Book 159 at Page 421 as Document No. 114634. January 26, 2000 Four Mile Ranch Development Company c/o Leavenworth & Tester, PC attn; Kelly Cave 1011 Grand Avenue Glenwood Springs, CO 81601 Re: Four Mile Ranch — Off -Site Improvements FICE Project No. 96098.04 Dear Kelly: The purpose of this letter is to discuss the proposed design for the Four Mile Ranch Subdivision's Off -Site Improvements. On January 10, 2000, The Four Mile Ranch Development Company ("Four Mile") met with the Garfield County Board of County Commissioners ("BOCC") to discuss the future improvement of County Road 117 ("C.R. 117"). As you know, the current C.R. 1 17 is a safety concern since it only has l0 -foot driving lanes, 2 -foot shoulders, no barrow ditches, grades approaching 13%, and limited sight distance. The proposed C.R,117 improvements, which have been approved or are presently being reviewed by the City Engineer and Garfield County, will include two 11 - foot asphalt lanes, two 6 -foot asphalt shoulders, barrow ditches and improved horizontal and vertical alignments (hereinafter referred to as the "Improvements'). Due to the right-of-way constraints, the BOCC agreed to two (2) viable options to improve C.R. 117 from the entrance of the Four Mile Ranch Subdivision (-Subdivision") to one hundred feet south of the intersection with Midland Avenue. The BOCC agreed that Four Mile can improve C.R. 117 by either constructing 4700 square feet of aesthetically displeasing retaining walls up to 20 feet in height, or obtain an easement from the owner of the property located adjacent to and east of C.R. 117 (the "Easement Property"), Glenwood Land Company, LLC ("GLC"), to re -grade up to two (2) acres of the Easement Property with a 2:1 catch slope. Since 4700 feet of retaining walls would permanently scar the landscape and hinder the driver's sight distance, Four Mile and the County agreed that the preferred option is re -grading the Easement Property. In comparison to the retaining walls, the 2:1 catch slope will be much easier to maintain and revegetate and will be safer to drivers since it will not impede site distances. Additionally, upon completion of revegetation of the catch slope, the public will not know that the re -grade has occurred. Retaining walls would remain an eyesore forever and be an on-going maintenance issue. Under the 2:1 catch slope option, Four Mile will only be re -grading the Easement Property. No underground utilities, drainage improvements or paving will be constructed on the Easement Property. High Country Engineering, Inc.'s (HCE) design for the Improvements reduces the existing roadway grade from 13% to 7%, straightens the horizontal alignment to improve sight distance, constrains the desired roadway section within deeded and prescriptive right-of-way, and provides a maintainable catch slope of 2:1 within the Easement Property, Since the Easement Property is zoned hillside preservation, 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste B-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Kelly Cave — Leavenworth & Tester. PC Re: Four Mile Ranch — Off -Site Improvements HCE Job No. 96098.04 Page 2 of 2 January 26. 2000 Four Mile, upon written authorization of GLC, is required to apply for a Special Use Permit (SUP) from the City of Glenwood Springs for the slope adjustment. As you know, Four Mile met with GLC and obtained GLC's written authorization to apply for the SUP last week. In compliance with the Glenwood Municipal Code Section 070.040.030.A.7, HCE designed its plan such that all practical means shall be used to preserve drainage patterns, minimize vegetative and soil impact, and maintain the natural physical features of the hillside. The re -grading shall harmonize visually with the natural surroundings. Enclosed for your review is the Four Mile Ranch Subdivision's Off -Site Improvement Plans, dated January 26, 2000, nine (9) sheets (the "Plans"), and proposed landscape and revegetation plans ("Landscaping Plans"). The Landscaping Plans restore all hillside excavations to match existing vegetative conditions. HCE recommends that the City of Glenwood Springs provide irrigation water from its new tank to ensure that the revegetation process is accomplished in a timely fashion, Please note that the Plans include utility stub -outs, grading and drainage improvements and a new paved driveway and apron for potential future use and access to GLC's property. GEC's proposed driveway and apron would be located where flatter grades exist near the Emergency Access Road to the Subdivision. Finally, the completion of the Improvements is assured since these public improvements are secured by a performance guarantee in accordance with the terms and conditions of the Subdivision Improvement Agreement between Four Mile and Garfield County. If you have any questions or comments, please feel free to contact me. Sincerely, HIGH COUN ENGINEERING, iNC. /OP& 14t • e I foe,- ' Projivctt'1'Ian JD fey s4 Tee Lea enworthr-. he Four Mile,Ranch Development Company cc: