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HomeMy WebLinkAbout1.0 Application• RECEIVED OCT 0 9 2002 GARRELD COUNTY BUILDING & PLANNING SUBDIVISION APPLICATION FORM SUBDIVISION NAME: L/ SUBDIVISION KenneLh and Carol C. Call Sketch Vlan Preliminar Pla=mon OWNER: ENGINEER/PLANNER/SURVEYOR: Sopri-s Engineering 34 6 S 89 W & LOCATION: Section 3 Township 7S Range 89 W Shared Well WATER SOURCE: Individual Sewage Disposal Systems SEWAGE DISPOSAL METT1OD: PUBLIC ACCESS VIA: County Road 149A (Van Dorn Road) EXISTING ZONING:_ EASEMENTS: Utility Ditch A/R/RD As shown on plat None - N/A TOTAL DEVELOPMENT AREA: (1) Residential Single Famiy Duplex Multi -family Mobile Home (2) Commercial (3) Industrial (4) Public/Quasi-Public (5) Open Space/Common Area TOTAL: PARKING SPACES: Residential 8 Minimum Commercial Industrial Number Acres 2 — 4.4 Floor Area Acres sq.ft. sq.ft. • • UJ SUBDIVISION - FINAL PLAT Submitted: October 9, 2002 The Garfield County Commissioners approved the preliminary plan for this sub- division on July 1, 2002 (Resolution No. 2002-66) subject to compliance with specific conditions. The enclosures are being submitted for review that should satisfy these conditions for approval of the final plat. Enclosures contained with submittal are: Copy of Garfield County Regulation No. 2002-66 Plat Map Water Well Community Sharing & Maintenance Agreement Declaration Of Protective Covenants UJ Subdivision Specific conditions cited on page 2 of the resolution. 2a.The native mountain shrub will be preserved except for the actual residence. The driveway does not disturb any of this vegetation. An attempt has been made to transplant the scrub oak that has been disturbed. The applicant is also in favor of moving the residence to the south as far as possible to distance the residence from the overhead electrical transmission line. 2b. See Declaration Of Protective Covenants. (Page 2, Article 4, Fencing) 2c. Same as 2b above. 2d. Same as 2b & 2c above. 2e. See Declaration Of Protective Covenants. (Page 1, Article 2, Wildlife) 2f. See Declaration Of Protective Covenants. (Page 1, Article 1,. Pets) 2g. See Declaration Of Protective Covenants. (Page 1, Article 2, Wildlife) 3. Traffic fees will be paid at the time of the Final Plat. I trust that this fee will provide some equity in scale between this sub -division of one additional home vs the larger developments. • • Specific conditions continued on page 3 of the resolution. 4. The appropriate School impact fees will be paid at the time of the final plat. I feel that appropriate would be a fee equal to that paid by the Sunlight II Subdivision. 5a. See Declaration Of Protective Covenants. (Page 1, Article 1 Pets, & Article 3 Lighting) 5b. See Declaration Of Protective Covenants. (Pg 2, Article 5, Additional Conditions) 5c. Same response as condition No. 2 above. 5d. See Declaration Of Protective Covenants. (Pg 2, Article 5, Additional Conditions) 5c. Same as 5d above. 5e. Same as 5d above. 5f. See submittal for Water Well Community Sharing & Maintenance Agreement. 6. After the date of the resolution the Garfield County Road & Bridge visited the site and designated the driveway location and construction specifications. Road & Bridge suggested that we wait until we get closer to a construction date before applying for the driveway permit because of the thirty day limitation for completion after the permit is issued. 7a,b,c,d. Plat notes included on submitted plat. Submitted by, Carol Call Lefrafee Kenneth E. Call P.O. Box 1011 Glenwood Springs, Colorado 81602 • 0 r ti ru LP1 0 • • DECLARATION OF PROTECTIVE COVENANTS L/J SUBDIVISION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Kenneth E. Call and Carol C. Call on the day and year hereinafter set forth. WITNESSETH: The undersigned, owners in fee of that real property described as Lot 1 and Lot 2, L/J Subdivision, Garfield County, Colorado, desire to subject and to place upon said real property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting the value and desirability of said property, for the purpose of furthering the development of the property and in order to comply with conditions of approval of Garfield County for the L/J Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1 and Lot 2, L/J Subdivision, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Pets Not more than one dog of any age or breed shall be kept upon a lot at any time. When outside, all dogs and other pets shall be leashed or restrained within an enclosure. All pets shall be fed indoors. In the event this covenant is violated, the owners of the lot not in violation may take such action as is reasonably necessary to correct the violation, including injunctive relief for the removal of any pets creating a violation of this covenant. ARTICLE 2 Wildlife Outside storage of household refuse shall be in "bear -proof' containers. Birdseed feeders should be strung at least 10 feet above ground surface with a seed catchment to discourage other wildlife foraging. ARTICLE 3 Lighting All exterior lighting on either lot shall be the minimum reasonably necessary for the safe use of the premises, and to the extent possible, all exterior lighting shall be directed toward the interior of the respective lots, except when absolutely necessary to provide for safety lighting on the premises. • • DATED this /[ day of —ru. , 2003. Kenneth E. Call Carol C. Call STATE OF COLORADO ) ss. COUNTY OF GARFIELD yr The foregoing instrument was acknowledged before me on this \p — day of 2003, by Kenneth E. Call and Carol C. Call. Witness my hand and official seal. My commission expires: Notary Public My Commission Spires 09/21/2004 4 RTICLE 4 Fencing Wire fences shall have a m. imum height of 42" with no more than 4 strands and with at least 12" of kick space between th top two strands. Rail fences shall have a maximum height of 42" and at least 18" between rails Mesh fencing is discouraged. ARTICLE 5 Additional Conditions of County Approval The use of all Lots shall be i strict accordance with the conditions of approval and Plat restrictions contained in the County R solution approving the L/J Subdivision, including but not limited to, ISDS Management Plan, ildland Fire Home Fuel Mitigation Plan, and Weed Management Plan approved by the Weed M agement Director of Garfield County. All Lot Owners shall use and occupy their respective Lots ir} conformity to all governmental regulations applicable thereto. ARTICLE 6 Parking Restriction Parking or maintaining of commercial or business vehicles on any Lot is prohibited, except for temporary parking necessary for deliveries or the provision of services to the owners of the Lot. ARTICLE 7 Prohibition on Outbuildings Construction on each Lot shill be limited to one single-family residence. No guest house, stable, barn, storage shed, detached garage, or other outbuilding of any kind shall be erected. ARTICLE 8 Pre-existing Covenants The Declaration of Restricts ns - Chelyn Acres recorded in Book 387 at Page 524, in the office of the Garfield County Clerk & Recorder remains applicable to the Lots in accordance with its terms. AIRTICLE 9 Enforcement Any aggrieved owners of a lot within the L/J Subdivision shall have the right to enforce any of the provisions, covenants, conditions and restrictions contained in this declaration against the owners of the other lot. The right of enforcement shall include the right to bring an action 2 for damages, as well as an action to enjoin y violation of any provision of this Declaration. Each remedy provided under this Declaration is c mutative and not exclusive. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonably attorneys fees and expert witness fees. Colorado. ARTICLE 10 Governing Law This Declaration shall be c nstrued and governed under the laws of the State of ARTICLE 11 Severability Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or part al invalidity or partial unenforceability of any provision or portion hereof shall not affect the validit' or enforceability of any other provision. ARTICLE 12 Term of Declaration Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind tl years after the date this Declaration is recoi successive periods of ten (10) years each, e land, and shall be effective for a period of twenty (20) ded, and thereafter shall be automatically extended for but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the L/J Subdivision, with the approval of the Board of Commissioners of Garfield County, Colorado. RTICLE 13 B'ndin ' Effect This Declaration shall be bi ding upon and inure to the benefit of the declarants and their successors in interest and ownership o Lot 1 and Lot 2, L/J Subdivision, and to any person or entity having any right, title or interest in eit er of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF foregoing Declaration of Protective Coven day of , 2003. the undersigned hereby state and declare that the is for the L/J Subdivision shall be effective this 3 • WATER WELL COMMUNITY SHARING AND MAINTENANCE AND INDIVIDUAL SEWAGE DISPOSAL SYSTEMS OPERATION AND MAINTENANCE AGREEMENT T IS AGREEMENT is entered into on the date set forth below to be effective / I/0/03 , 2003, by and between KENNETH E. CALL and CAROL C. CALL whose address is P.O. Box 1011, Glenwood, Springs, CO 81602, owners in fee of those real properties described as Lot 1 and Lot 2, L/J Subdivision, Garfield County, Colorado. Said Lot 1 and Lot 2 are referred to hereinafter collectively as "the Lots." WHEREAS, each of the parties and their successors in interest are to be the joint owners of a water well constructed'lunder Colorado Division of Water Resources Well Permit No. 56096 and shall be joint owners of tie water well and casing as constructed and installed and of the water to be diverted by said well system for providing domestic water for all permitted uses on the respective properties of the parties; and WHEREAS, the well and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the wa require continuing maintenance and users thereof; and er well and system required drilling and completion and will operation, the costs of which must be borne by the owners and WHEREAS, the we1 permit contemplates perpetual, though not constant, use and operation of the well, pump and the appurtenant structures; and WHEREAS, said owners as parties hereto desire to enter into this agreement for the purpose of clarifying respective rights and duties and establishing easements and procedures for jointly operating the water well and delivering water to the properties of the owners, for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and its pump and other structures by all of the p ies; and WHEREAS, each L t will be served by an individual sewage disposal system; and WHEREAS, said o vers as parties hereto desire to enter into this agreement for the purpose of setting forth a management plan for the operation and maintenance of the individual sewage disposal systems. • • NOW THEREFORE. in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of the Lots shall be deemed to own an undivided one-half (%2) share of the subject well permit, well, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No owners of the Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from this water well and its structures. This agreement does not intend to relate to such individually owned or used rights or structures. Nothing in this agreement shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the natural availability of water. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over -use shall be deemed to be a material breach of this agreement for which the non -defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or both. Irrigation uses shall be limited to not more than 2,000 square feet of lawn and garden on each parcel. Unless otherwise agreed by each owner, no owner of one of the Lots shall use more than one-half ('/2) of the water legally allocated to the well (i.e., 7.50 g.p.m.). In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half (V2) the amount actually available. In no event shall the well be pumped at a rate exceeding fifteen (15) gallons per minute. Any household use of the well water must provide for return flow through an individual disposal system of the non -evaporative type, returning the water to the watershed in which the well is located. 4. Kenneth E. Call and Carol C. Call shall be responsible for the initial cost of constructing the well system, pump house and any jointly used pipe lines. Following the initial construction, the actual and continuing costs of operation, maintenance, construction, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the well. This agreement shall relate only to costs incurred after the date hereof. Electrical charges for the operation of the well and charges for West Divide Water Conservancy District augmentation water shall be shared equally. As of the execution of this agreement, total electrical charges are approximately ten (10) dollars per month and the West Divide Water Conservancy District contract requires an annual fee of $155.00. 2 5. Subject to the provisions in paragraph 4 above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the water well and deliver the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other users the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners with a written statement of work performed and the other owners' proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 7. Kenneth E. Call and Carol C. Call hereby grant and dedicate permanent, non-exclusive easements across that portion of said Lot 2, designated as "Well Access and Maintenance Easement" on the final plat of the L/J Subdivision, as necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of Lots 1 and 2, as users of the shared well, pump and common pipeline and treatment system, and also grants a non- exclusive easement for non -shared or individual pipelines conveying water to the respective Lots over and across said "Well Easement." 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. The owner of each Lot shall perform on the individual sewage disposal system serving the Lot such routine maintenance and repair as is sufficient to allow the system to perform in good working order, including, but not limited to, pumping the tank every two (2) years. 10. The term hereof shall be perpetual. 11. This agreement shall be binding upon and inure to the benefit of the parties, and their assignees or successors, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. 3 12. The owners declare themselves to be an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the L.J. Subdivision Homeowners Association for the purposes herein stated. The L.J. Subdivision Homeowners Association shall be responsible for enforcing this Agreement. If, however, the Homeowners Association fails to take action, this agreement and the terms, conditions and provisions hereof may be enforced by the owner of either of the Lots, their successors and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party all costs associated therewith, including, but not limited to, reasonable attorney's fees. 13. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. 14. This agreement contains the entire agreement among the parties and may not be modified in any manner except by an instrument in writing signed by the owners of each of the Lots. IN WITNESS WHEREOF, the parties have signed this agreement on the dates following their respective signatures. (117 Kenneth E. Call DATE: So/23 442 DATE: /0/0 3 Carol C. Call STATE OF COLORADO COUNTY OF GARFIELD —1414w,D.A---A , 2003, by Kenneth E. Call and Carol C. Call. Witness my hand and official seal. My commission expires: .9--k 0 ) ss The foregoing instrument was acknowledged before me on this \O My Cor n;. _ . • .. : res 09/21/2004 4 Notary Public day of DECLARATION OF PROTECTIVE COVENANTS L/J SUBDIVISION Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Kenneth E. Call and Carol C. Call on the day and year hereinafter set forth. WITNESSETH: The undersigned, owners in fee of that real property described as Lot 1 and Lot 2, L/J Subdivision, Garfield County, Colorado, desire to subject and to place upon said real property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting the value and desirability of said property, for the purpose of furthering the development of the property and in order to comply with conditions of approval of Garfield County for the L/J Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1 and Lot 2, L/J Subdivision, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Pets Not more than one dog of any age or breed shall be kept upon a lot at any time. When outside, all dogs and other pets shall be leashed or restrained within an enclosure. All pets shall be fed indoors. In the event this covenant is violated, the owners of the lot not in violation may take such action as is reasonably necessary to correct the violation, including injunctive relief for the removal of any pets creating a violation of this covenant. ARTICLE 2 Wildlife Outside storage of household refuse shall be in "bear -proof" containers. Birdseed feeders should be strung at least 10 feet above ground surface with a seed catchment to discourage other wildlife foraging. ARTICLE 3 Lighting All exterior lighting on either lot shall be the minimum reasonably necessary for the safe use of the premises, and to the extent possible, all exterior lighting shall be directed toward the interior of the respective lots, except when absolutely necessary to provide for safety lighting on the premises. ARTICLE 4 Fencing Wire fences shall have a maximum height of 42" with no more than 4 strands and with at least 12" of kick space between the top two strands. Rail fences shall have a maximum height of 42" and at least 18" between rails. Mesh fencing is discouraged. ARTICLE 5 Additional Conditions of County Approval The use of all Lots shall be in strict accordance with the conditions of approval and Plat restrictions contained in the County Resolution approving the L/J Subdivision, including but not limited to, ISDS Management Plan, Wildland Fire Home Fuel Mitigation Plan, and Weed Management Plan approved by the Weed Management Director of Garfield County. All Lot Owners shall use and occupy their respective Lots in conformity to all governmental regulations applicable thereto. ARTICLE 6 Parking Restriction Parking or maintaining of commercial or business vehicles on any Lot is prohibited, except for temporary parking necessary for deliveries or the provision of services to the owners of the Lot. ARTICLE 7 Prohibition on Outbuildings Construction on each Lot shall be limited to one single-family residence. No guest house, stable, barn, storage shed, detached garage, or other outbuilding of any kind shall be erected. ARTICLE 8 Pre-existing Covenants The Declaration of Restrictions - Chelyn Acres recorded in Book 387 at Page 524, in the office of the Garfield County Clerk & Recorder remains applicable to the Lots in accordance with its terms. ARTICLE 9 Enforcement Any aggrieved owners of a lot within the L/J Subdivision shall have the right to enforce any of the provisions, covenants, conditions and restrictions contained in this declaration against the owners of the other lot. The right of enforcement shall include the right to bring an action 2 IP' • • for damages, as well as an action to enjoin any violation of any provision of this Declaration. Each remedy provided under this Declaration is cumulative and not exclusive. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys fees and expert witness fees. Colorado. ARTICLE 10 Governing Law This Declaration shall be construed and governed under the laws of the State of ARTICLE 11 Severability Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision. ARTICLE 12 Term of Declaration Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind the land, and shall be effective for a period of twenty (20) years after the date this Declaration is recorded, and thereafter shall be automatically extended for successive periods of ten (10) years each, but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the L/J Subdivision, with the approval of the Board of Commissioners of Garfield County, Colorado. ARTICLE 13 Binding Effect This Declaration shall be binding upon and inure to the benefit of the declarants and their successors in interest and ownership of Lot 1 and Lot 2, L/J Subdivision, and to any person or entity having any right, title or interest in either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing Declaration of Protective Covenants for the L/J Subdivision shall be effective this day of , 2003. • • DATED this,//' day of cre‘ , 2003. Kenneth E. Call Carol C. Call STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this \Q day of 2003, by Kenneth E. Call and Carol C. Call. Witness my hand and official seal. My commission expires: Notary Public My Commission Expires 09/21/2004 4