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HomeMy WebLinkAbout6.0 Correspondence• STATE OF COLOFADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th St, Room 232 Grand Junction, Colorado 81501 September 18, 1990 Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) 1303) 248-7198 (Grand Junction Regional Office) Garfield County Planning Department Attn: Andrew C. McGregor 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Lazy Diamond A Preliminary Plan, Garfield County Dear Mr. McGregor: SFID 19 1990. 1 Roy Romer Governor Thomas M. Vernon, M.D. Executive Director I have reviewed the above referenced Preliminary Plan and offer the following comments: (1) I recommend that the developer consider consolidation of the water and wastewater services with existing treatment facilities in the immediate area. (2) I urge the county to consider regional water and wastewater treatment facilities for the entire Four Mile Creek drainage to preserve and protect existing water quality. (3) If the water system serves 15 taps or 25 people the Plans & Specifications for the treatment system must be reviewed by the Drinking Water Unit of the Water Quality Control Division's Denver office. (4) If ISDS is used, all state and county regulations must be met. If you have any questions, please contact me at 248-7150. Sincerely, Richard H. Bowman, P.E. West Slope Unit Leader Water Quality Control Division RHB/csk cc: Planning & Standards Section, Denver Field Services Section, Denver File GARFIELD COUNTY PLANNING DEPARTMENT TO: Subdivision Review Agencies FROM: Andrew C. McGregor 4 DATE: August 28, 1990 RE: Lazy Diamond A Preliminary Plan AUG 1990 MON/TO NOSt;FtV1C S GRAND PUNCT ONION Enclosed for your review and comment is a copy of a Preliminary Plan submittal for the Lazy Diamond A subdivision. This proposed twelve (12) lot subdivision is located roughly 3 miles south of Glenwood Springs in the 4 Mile Creek area. This matter has been scheduled for a public hearing before the Garfield County Planning Commission at their October 10, 1990 meeting. Any comments you may have prior to this date would be beneficial in our review. If you have any questions regarding this proposal or prefer to make verbal comments, please feel free to call. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 Lazy Diamond A Subdivision 4.6 ADDITIONAL INFORMATION 1 Prelimninary Plan page 4 A. Outlot number 2 has been leased to the Glenwood Springs Rural fire Protection District at a cost of $1.00 per year for 99 years. Outlot number 3 will be dedicated to the homeowners association for utility and recreational purposes. Outlot number 1 is reserved for future development. The Greenwald Children Irrevocable Trust Agreement Number One is litigating the ownership of Outlot number 1. B. A second phase of the project may occur in the future development of Outlot number 1 into residential lots. C. All lots and outlots will have access to public roads through the two streets proposed, Four Mile road and Dry Park road. D. Off street parking on Outlot 2 is available for 15 vehicles. E. There are no areas of the subdivision which are proposed for residential use that involve soils or topographic conditions presenting hazards or requiring special precautions other than those noted in the Geology description section 4.70-A. F. There is no knowledge of any natural material on the site or any material imported to the site which would produce a radiation hazard. G. A copy of the most recent section of the Abstract of Title for the property is included. H. Section 10, T 7 S, R 89 W, 6 PM was split to determine the configuration of the NW 1/4 of the NW 1/4. A work sheet is attached illustrating the data used in this section split. Note that the basis of bearing for the section split was slightly different than the basis of bearing for the subdivision boundary. Prepared by: 1 Jefome 1'. "amba P.E. L.S. 5933 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS ROY R. ROMER GOVERNOR September 26, 1990 too Sf.60 40",074,114% COL'�IT(It 710 N 1876 GA -91-0005 JOHN W. ROLD DIRECTOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN SIRE DENVER, COLORADO 80203 PHONE (303) 866-2611�r�y DIS -. iI.--) 1' OCT 1 1990 GARW Ic:,vu�t�TY Mr. Andrew McGregor Garfield County Planner 109 8th St. # 303 Glenwood Springs, CO 81601 RE: Lazy Diamond A Prliminary Plan Dear Mr. McGregor: We have reviewed the materials submitted regarding this proposal and the general and engineering geology of the site. The discussion of the geology and soils is very brief and would be unacceptable but for the total absence of any geology -related problems at the site. One issue which does need to be addressed is the potential for accumulation of radon gas in residential structures anticipated. Alluvial gravels, especially those with significant igneous components represent a highly likely source for radon and we suggest that appropriate abatement measures be required in the building designs for this subdivision. Given this one cautionary note, we have no objection to the approval of this application. Yours truly, Jeffrey L. Hynes Senior Engineering Geologist JLH:1n1-91-6234 GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE Mount(lris Soil Conservation District P 0 BOX 1302 GLENWOOD SPRINGS. COLORADO 81601 September 7, 1990 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Andrew: The Mount Sopris Soil Conservation District reviewed the preliminary plan for the Lazy Diamond A subdivision at their regular meeting September 5, 1990. Concerns of the Board were few, but they did feel it was very important that continued use be made of any irrigation water rights presently used with the property, with the recommendations for the use in the engineering report being closely followed. The Board is always concerned, in a rural area, that some means of dog control be provided in the covenants for the homeowners, since both domestic livestock and wildlife are in the area. They recommend the reseeding of any disturbed areas with weed free seed and mulch with monitoring done to be certain growth is continuing and noxious weeds are controlled. The Board also felt that concerns are increasing for point source and nonpoint source pollution of groundwaters, and separate septic systems may contribute to this pollution over an extended period of time. They would recommend that if a central sewer system should be available in the future in the area, connections be made to it, replacing the individual systems. As usual, the Board appreciates the opportunity to comment on plans and continues to have preservation and conservation of soil and water as their prime concerns. Sincerely, Dee Blue, President Mount Sopris Soil Conservation District CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL FOOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Garfield County Planning Department 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Mr. McGregor: • REFER r Sept. 12, 1990 I refer you to my comments and letter dated 7-3-90 regarding the Lazy Diamond A subdivision proposal. I would like to make an additional comment for outlot number 3, which was not previosly identified. The proponent has identified this parcel for utility and recreational purposes. Since this lot is predominantly an oakbrush/serviceberry hillside it is important to wintering deer/elk. To minimize impacts it would be beneficial to: 1. Maintain native vegetation - no vegetative removal 2. Winter closure for recreational purposes from Dec. 1 - March 15 in order to protect wintering wildlife. If you have any questions, please feel free to give me a call. Thankyou for the opportunity to comment. Sincere y: Kevin Wrigh District Wildlife Manager Carbondale _J �:Jle ';'•1_} 1 J DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member • Rebecca L. FrankMember • Gene B. Peterson, Member • George VanDenBerg, Member • Larry M. Wright, Member GARFIELD COUNTY PLANNING DEPARTMENT September 17, 1990 Pat Fitzgerald Glenwood Brokers P 0 Box 1330 Glenwood Springs, CO 81602 Re: Lazy Diamond A Preliminary Plan Dear Pat: The Lazy Diamond A Preliminary Plan has been scheduled for a public hearing before the Planning Commission on October 8, 1990 at 7:00 P.M. The hearing will be held in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO. In order to fulfill the public notice requirements for the hearing, copies of the enclosed public notice form need to be mailed by certified return -receipt to all property owners adjacent to or within 200 ft. of your property no less than 15 days prior to the hearing. In addition, the notice needs to be mailed certified, return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for subdivision, no less than 15 days prior to the hearing. The receipts from these mailings need to be presented at the time of the hearing or submitted to the Planning Department prior to the hearing. The public notice form must be published one time in the Glenwood Post, 15 days prior to the hearing with the proof of publication to be submitted to the Planning Department. The Subdivision site must also be posted with the enclosed notice poster no later than 15 days prior to the hearing. All public notice requirements should be completed no later than September 22nd to ensure compliance. If you have further questions or concerns regarding the public hearing or public notice, please contact this office. Sincerely, Andrew C. McGregor Planner 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE TAKE NOTICE that C.E. and E.R. Axthelm have applied to the Planning Commission of Garfield County, State of Colorado, to grant a Preliminary Plan approval for the Lazy Diamond A subdivision in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: A tract of land in Sections 3 and 10, T7S, R89W of the 6th P.M. Practical Description: Located approximately 3 miles south of the Glenwood Springs city limits on C.R. 117 (4 Mile Road) at the intersection with C.R. 125 (Dry Park Road). Said Preliminary Plan is to allow the Petitioners to subdivide the following: An 86 acre tract into 12 single family lots and 3 outlots on the above-described property. All persons affected by the proposed Subdivision are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter particularly if you have objections to such Preliminary Plan as the Planning Commission will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for Preliminary Plan. This Preliminary Plan application may be reviewed at the office of the Planning Department located at the Garfield County Courthouse, 109 8th Street, Suite 303, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application for the above Preliminary Plan has been set for the 8th day of October, at the hour of 7:00 P.M., at the Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RE RCES DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Olson. Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Garfield County Planning 109 8th St. -Suite 303 Glenwood Springs, CO 81601 Dear Mr. McGregor: r RESER 'O 7-3-90 The Lazy Diamond A Subdivision proposal located along the Fourmile Road and Dry Park Road lies immediately adjacent to deer and elk winter range and winter concentration areas. These wildlife areas are the oakbrush and pinon-juniper/sagehrush hillsides and ridges located to the east and northeast of the subdivision and along the opposite side of the Dry Park Road. There could be considerable spring deer use in the proposed sub- division. Impacts to wildlife will be minimal if: 1. No dogs or all dogs kenneled 2. Fencing of lot boundaries be 42" high, 4 strand or less 3. Maintain cottonwoods in southwest portion of subdivision It is very likely that if homeowners have livestock or horses that winter feeding could lure deer and elk into the subdivision resulting in increased game damage problems for the homeowners and Division of Wild- life. Our damage fencing is limited with priority given to commercial operators such as cattlemen. This potential problem could be minimized if all homeowners are required to fence their haystacks with 8'fencing. We would be happy to furnish specific fencing specifications if you wish. If you have any questions, please feel free to call me. Thank -you for the opportunity to comment. Sincerely: eve 2J,�.� Kevin WrightV District Wildlife Manager Carbondale 945-7228 DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper. Secretary Felix Chavez, Member • Rebecca L. FrankMember • Gene B. Peterson, Member • George VanDenBerg, Member • Larry M. Wright. Memb?r Glenwood Springs Fire Department 806 Cooper GLENWOOD SPRINGS, COLORADO 81601 "Saving Lives and Property Since 1885" 9-4-90 MEMORANDUM TO: Andrew McGregor, Planning Department FROM: Jack Jone4�Asst. Fire Chief G. S. F. D. RE: Lazy Diamo A Subdivision Agency Comments JAMES MASON, Chief 945-2575 Andrew, after reviewing the latest plot plans for the referenced subdivision, the fire department has the following comments: 1. The water system seems to be designed properly and we are pleased that large diameter water lines and fire hydrants are proposed. However, we need to be assured that the system delivers 500 G.P.M. for 2 hours with 20 p. s. i. residual pressure while flowing. (Uniform Fire Code Sec. 10.301 (c) I.S.0 Standard Guide for Determination of Required Fire Flow) 2. Final placement of fire hydrants must meet the approval of the fire department. This takes into consideration the installation requirements, placement, height off the ground, threads, direction of outlets, and marking. Uniform Fire Code Sec. 10.301 (c) (e) 3. Section 10.207 (a) requires that dead end roadways in excess of 150 feet be provided with approved provisions for the turning around of fire apparatus. If cul—de—sacs are used as proposed, they will need to be a minimum of 100' across. This must also take into consideration the possibility of vehicles parking in the turn around area. 4. If the chlorine system utilizes chlorine gas, we will need to make sure that the building is constructed properly and that the facility is provided with adequate ventilation and warning signs. U.F.C. Sec. 80.108 (a) (b) If you have any questions about these comments, please give me a call at 945-4942. r.: Cr -r) mu ROBERT DELANEY KENNETH BALCOMB JOHN A. THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT BALCOMB LAWRENCE R. GREEN ROBERT M. NOONE TIMOTHY A. THULSON • • DELANEY & BALGOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 October 1, 1990 Mr. Don DeFord Garfield County Attorney 109 8th Street, Suite 300 Glenwood Springs, CO 81601 RE: Lazy Diamond A Subdivision { L: 818 COLORADO AVENUE 945-6546 TELEPHONE 945-2371 TELECOPIER 945-6902 AREA CODE 303 Dear Don: The following is in response to some of the items you outlined in your September 20, 1990 memo to Andrew McGregor: 1. It is contemplated that a Colorado Non -Profit Corporation will be formed, probably under the style of "Lazy Diamond A Homeowners Association,„for the purpose of receiving title to the improvements, primarily the roads and potable and irrigation water systems, and the water rights appurtenant thereto. The Homeowners Association will be in place prior to the first lot sale and all lots in the subdivision shall be entitled to one (1) membership/vote. Actual conveyance of the improvements will take place when the subdivision is sold out. It is contemplated that the improvements, including the water system, will be operated on a "break even” basis, both during the development phase and ultimately. 2. The water system will be conveyed free and clear to the homeowners hssoeialluit and will not be expected to repay L any of its costs of construction out of operating income. 3. Pursuant to Sections 9:51, 9:53 and 9:55 the water supply is the subject of a proposed plan of augmentation developed by our office and Jerome Gamba & Associates, Inc. Jerome F. Gamba is a registered professional engineer in the State of Colorado and experienced in designing water treatment and distribution facilities. 4. As set forth in paragraphs 2, 3, 4 and 5, certain areas of the property owned by the Axthelms have been designated as outlots. The area along the easterly boundary of the proposed subdivision, outside of the platted lots, is the subject of litigation to determine the ultimate ownership. I directed the engineers to include the disputed property in • • Mr. Don DeFord October 1, 1990 Page 2 the proposed subdivision to avoid any acknowledgment of title in the adjoining landowner. At your request, these disputed parcels will be deleted from the preliminary plat and any other non -subdivision areas will be designated as non - buildable, with the exception of water storage or treatment facilities and the present location of the Glenwood Springs Rural Fire Protection District Four Mile Substation. 5. The other concerns outlined in your memorandum will be covered by the corrected plat. If you have any further questions, do not hesitate to contact me. DELANEY & $A,COMB, By RCC:sv cc: Mr. Andrew McGregor Mr. Larry Axthelm Mr. Pat Fitzgerald Mr. Jerome F. Gamba C. Cutter e GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Telephone (303) 945-9150 Fax No. (303) 945-2379 MEMO TO: ANDREW MCGREGOR / L1 FROM: DON K. DEFORD, COUNTY ATTORNE RE: LAZY DIAMOND A SUBDIVISION - PRELIMINARY PLAN DATE: September 20, 1990 In reviewing the preliminary plan for Lazy Diamond A Subdivision, I would render the following comments on behalf of my department: 1. In reviewing the written documentation, in regard to the supply of domestic water, the following issues must be addressed: a. Under the provisions of Section 4:91(B), the legal entity owning the water system must be clearly defined. The written statement of preliminary plan simply sets forth the "developers" as the owner. The developers need to be identified. Further, if the developers are to own the water system, I recommend that a proposed plan of operation for the system be required, as it is not clear from the plan who will operate and maintain this system at the point of full development of the subdivision. It is not clear from the plan why this system is not to be held and controlled by the homeowners association. During the course of development, such association would still be predominantly held by the developers, but at the point of build out would be held by those to be benefitted by the water system. b. Additionally, there must be a plan for financing of the water system. This applies both to construction of the water system, as well as maintenance and operation of the system once constructed. c. Finally, full compliance with Sections 9:51, 9:53 and 9:55 must be achieved through the water system plan. 2. On the preliminary plan, common open space not reserved or dedicated to the public must be so indicated. The parcel currently marked as out lot 3, appears to be such a parcel. (See Section 4:50(L).) { ANDREW MCGREGOR • • PAGE TWO SEPTEMBER 20, 1990 3. In regard to the plan, I note a number of depictions that do not conform to our subdivision regulations. Parcels created by the subdivision must be so indicated as lots. There is no definition or provision for something called "out lots" in our subdivision regulations. The definition of "lot" is set forth in Section 2:20.30. The statements contained in the preliminary plan narrative indicate "out lot" 1 is intended for ultimate development and transfer of ownership. Therefore, it must be referred to as a lot and meet all the conditions of a required subdivided lot. "Out lot" 3 is also contemplated for transfer to the homeowners association. As such, it must also be indicated as an "out lot" and meet all conditions of subdivision for such a lot. "Out lot" 2 has practically been transferred to the Glenwood Springs Rural Fire Protection District and it would seem appropriate to designate that parcel as a lot within the subdivision as well. At this juncture, I do not see any impediment from a subdivision standpoint to indicating such interest. Additionally, I note something called a future road easement on the plat as such easement contacts lot 1. I am not certain what a future road easement is, but unless it is dedicated as an easement, it should not be included on the preliminary plan or final plat. 4. I note two parcels in the northeast corner of the subdivision that are created through this subdivision but are not enumerated as parcels and both of which do not comply with the subdivision regulations. Without compliance with the subdivision regulations, these two parcels by themselves make the plan unacceptable. These parcels must have legal access or be defined or accounted for in some other manner in order to be part of this plat. Additionally, if the position is taken that these parcels are not included in the legal description of the subdivision, it is equally an illegal split of property. These parcels are less than the minimum necessary for exemption from subdivision and therefore can be created only through subdivision. 5. Lot 1 should be deleted unless ownership is clarified. (Section 4:50(D); Section 5:24(A)& (E)) 6. In regard to roads, all streets and roads within the subdivision must be constructed in compliance with the provisions of Section 9:30 through 9:37.3. Additionally, the street designated as Home Place appears to exceed the maximum permitted culdesac length of 9:34(b), unless the applicant can demonstrate that such culdesac must be approved for topographical reasons and it is approved as a fire protection emergency. In regard to streets and roads within the subdivision, comment from the Road & Bridge Dept. should be obtained regarding the access points designated in the subdivision to Four Mile Road. I note that the access for Ranch Lane is in moderately close proximity to the 2 -�* ANDREW MCGREGOR 41 PAGE THREE SEPTEMBER 20, 1990 • intersection of Park and Four Mile Road, a fire station and a known dangerous curve. Finally, the designated utility easement paralleling Four Mile Road must be verified to lie outside of the right-of-way for Four Mile Road. 7. Lastly, in regard to exactions concerning roads, contact with the Board of County Commissioners should be had prior to submittal of the preliminary plan in order to ascertain what manner and extent of contributions will be required for the improvement of Four Mile Road. Such requirements could run from dedication of necessary right-of-way to monetary contributions to the improvement of the road. At this juncture, I am not aware of a final decision by the Board of Commissioners concerning such participation in improvement of the Four Mile Road corridor. 8. The developer should review the provisions of Section 9:80 to make sure that literal compliance with the requirements of that section have been met. The foregoing concludes my comments upon the preliminary plan. If you have any questions, please raise them at your earliest convenience. DKD:mis 3 ROY ROMER Governor 18 7 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 October 5, 1990 Mr. Andrew C. McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Lazy Diamond A Preliminary Plan Sections 3 & 10, T7S, R89W Dear Mr. McGregor: JERIS A. DANIELSON State Engineer i?R0 `'.. cam,,. �'F •{t We have reviewed the above referenced preliminary plan for a twelve lot subdivision of 85.67 acres. Three outlots are to be created along with the twelve residential lots. The proposed water supply source is the Bershenyi Spring. Water supply information prepared by Jerome Gamba & Associates indicates there is a sufficient physical supply to serve the development. This report also indicates that the central water system will provide satisfactory water quality. The applicant proposes to use the Atkinson Ditch to provide replacement water to allow the spring to be used when it is out -of -priority. An augmentation storage reservoir is also proposed. An augmentation plan must be approved in Water Court before a legal water supply can be obtained. A homeowner's association with powers to enforce compliance with the augmentation should be formed. The water rights used to supply the development and provide replacement water should be conveyed to the homeowner's association. One individual should probably be designated to be specifically responsible. His name and telephone number should be provided to our Division Engineer and Water Commissioner. In summary, we ask that the preliminary plan be held in abeyance until the augmentation plan has been filed in Water Court and we can review it. Guarantees for the construction of the reservoir should be among the conditions of any approval. Sincerely, tel ;":'I%l:i � 7-c James C. McDanold, P.E. Senior Professional Engineer JCM/clf:3590I cc: Orlyn Bell, Division Engineer Glenwood Brokers. Ltd. REAL ESTATE GLENWOOD BROKERS MEMO 945-6000 Hotel Colorado 526 Pine St. Glenwood Springs, CO 81601 Telecopier # 303-945-5217 TO: Andrew McGregor, County Planner FROM: PAT FITZGERALD DATE: October 5, 1990 SUBJECT: Public Notice, Axthelm Subdivision (Lazy Diamond A Sub) Enclosed please find: List of property owners as compiled from tax assessors records. Receipts from certified mailing to individuals on list. Return post cards from the mailing Proof of Publication from Glenwood Post Hotel Colorado, Suite 112, P.D. Box 1329, Glenwood Springs, Colorado 81602, 303/945-6000 or FAX 945-5217 Axthelm Property Adjoining Owners 'William M. Zilm James and Carolyn O'Donnell A Don L. & Nanette Seaton William L. & Nancy Flood '1 Glen E. & Ingrid T. Eash JC Elisabeth Parsons Willard and Janice McClintock . Josef Engel Austin and Bobbie Heuschkel x Marc A. and Sharon J Adler and Jerome G. and Florence Adler Greenwald Children Irrevocable Trust Agreement Number One Eugene and Glaphy A. Spear J Hilton Wix Estate P. O. Box 1090, Glenwood Springs, CO 81602 0603 Co. Road 131, Glenwood Springs, CO 81601 c/o Sea Wake Resorts, 625 South Gulfview Blvd. Clearwater Beach, FL 33515 4339 Co. Road 117, Glenwood Springs, CO 81601 928 Cooper Avenue, Glenwood Springs, CO 81601 4355 Co. Road 117, Glenwood Springs, CO 81601 4357 Co. Road 117, Glenwood Springs, CO 81601 1125 Legray Avenue, Los Angels, CA 90042 2344 Rupert Drive, San Jose, CA 95124 525 W. 12th, Glenwood Springs, CO 81610 5635 Shadms Lane, Bloomfield Hills, MI 48013 5649 Co. Road 117, Glenwood Springs, CO 81601 P 0 Box 507, Sneiling, CA 95369 • • William M. & Charlotte B.Zilm 0090 Sunlight Drive GARP+LiLU COUNTY Glenwood Springs, CO. 81601 LAT -)W_?,7 MAR 1 81991 PHONE: (303) 945-2020 or 945-5778 March 15, 1991 Mr. Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, Co. 81602 RE: Axthelm Subdivision Four Mile Road Dear Mr. Bean: The preliminary plan for the Axthelm subdivision on Four Mile Road does not reflect a pipeline easement for the Zilm-Atkinson Ditch Pipeline which crosses the Axthelm property. I am sure that this is an item which will be addressed on the final plat but felt this should be brought to the departments attention for review and inclusion. If you have any questions regarding this easement, please call me at 945-2020. Sincerely, William M. Zilm CC: Gamba-Jerome Associates, Inc. ATTN: Tom Zancanella 201 Centennial Bldg. Glenwood Springs, Co. 81601 MEMO TO: ANDREW McGREGOR, PLANNER FROM: DON K. DEFORD, COUNTY ATTORN RE: DATE: May 4, 1992 INITIAL DOCUMENT REVIEW - LAZY DIAMOND A SUBDIVISION At this juncture, I have the following comments concerning this submittal. 1. This review is limited to supplemental information set forth at 5:31 of the final plat requirements. In regard to Paragraph A, I have located no plans for roads of any kind, let alone those approved for construction. The plans for the water system do not indicate "approved for construction". Similarly, the tank documents do not contain such a stamp or marked drawing. Finally, I note the details at the last page contain cross-sections for sewer lines. I am not aware of any sewer line construction in this subdivision. 2. Subdivision Improvements Agreement. I have a number of suggestions in regard to the current language of the Subdivision Improvements Agreement: a. We have been tendered as Exhibit B voluminous contract documents in lieu of a succinct delineation of improvements and costs. I note that this agreement must be a recordable document. I do not believe it is acceptable that we must record nearly 100 pages of irrelevant contract documents to obtain the necessary statement on improvements and costs. That should be set forth in a specific exhibit drafted for the purpose of this agreement. b. Section 1, the last paragraph regarding the County's commitment needs to be amended to read as follows: "The County agrees that if improvements are installed in accordance with this agreement, final plat documents and the requirements of the preliminary plan and further that if all of the other requirements of this agreement and preliminary plan are met, then Axthelm shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including, but not limited to, Resolution 91-044 adopted by the County on May 6, 1991. c. Security for Improvements. This paragraph is unacceptable in its current form. While it appears that the provisions of Section 30-28-137, Section 30-28-110, C.R.S. 1973, as amended, Section 1:62 of the Garfield County Subdivision Regulations would permit approval of a final plat and holding such plat for recording to a later point in time • • MEMO TO ANDREW McGREGOR PAGE 2 MAY 4, 1992 pending completion of improvements, that is not the normal practice of this County. I note that Section 5:13 of the Garfield County Subdivision Regulations mandates recording of an approved plat ninety (90) days after such approval, unless the Board specifically authorizes such recording in writing. Further, Section 5:31(b) requires tender of a subdivision improvements agreement at the time of tender of final plat documents. Section 2:20.50 of the Garfield County Subdivision Regulations, defines such agreement as a security arrangement. The current proposed paragraph does not provide for such arrangement and, further, does not provide a complete mechanism for certification of improvements and approval of improvements, if no security is provided. Given the foregoing, my first preference is for the subdivider to provide security in the form of a letter of credit for the full amount of the anticipated improvements at the time that the execution of the final plat is sought. Normal practice of the County would allow for recording of both documents, and, hence, sale of lots, and would raise no questions about compliance with the subdivision regulations and statutory provisions regarding subdivision. If Axthelm is unwilling, unable, or has strong preferences not to provide such security, the proposal regarding failure to record the plat may provide an acceptable alternative procedure. However, greater specificity regarding certification of as -built plans, approval of such plans and certifications by the County, and specific delineation of the inability to convey, sell or otherwise exchange the lots that are proposed as part of this subdivision until such recording, are all items that need to be covered in this paragraph. If this is the method of security to be followed, it will need to be presented to the Board of Commissioners for their approval as appropriate under the provisions of Section 30- 28-127(1)(b), C.R.S. 1973, as amended. d. Roads. The provision on roads states that the roads within the subdivision shall be private. This conflicts with the language of the plat that requires public dedication of the roads, language of the by-laws that states that the roads are public and language of the covenants that states that the roads are private. Consistency is needed between the documents. e. In addition to the paragraphs currently in place, we need the following provisions added to this agreement: Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot or unit within the • MEMO TO ANDREW McGREGOR PAGE 3 MAY 4, 1992 subdivision shall have the authority to bring an action in the District court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot or unit contrary to the provisions of this Agreement, or as set forth on the Plat of the subdivision, or in any separate recorded instrument. Consent to Vacate Final Plat. in the event that Axthelm fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat, as it pertains to undeveloped lots only. Any existing developed lots, or lots which subdivision improvements have been properly constructed, shall not be vacated and final plat as to those lots shall remain valid. Axthelm shall provide a survey and complete legal description, with a map showing the location of any portion of the plat so vacated. Approval of Plat. The County agrees to approval of the Plat subject to the terms and conditions of this Agreement. 3. Quit -Claim Deed. The quit -claim deed appears to be in appropriate form. 4. Articles of Incorporation. Article IV. Powers - A paragraph 6 needs to be added to the powers authorizing the Homeowners Association to own, purchase and convey real property, including the open space designated in the Final Plat documents, as well as the right to own, sell and otherwise convey water rights set forth in the Quit -Claim Deed attached as Exhibit A. 5. Bylaws of the Homeowners Association. a. Article VII. Common Areas. It was my understanding that common areas were being dedicated for the use and benefit of all property owners. b. Article VIII. Roads. Paragraph 1 - as noted earlier, this provision states the roads will be public, but managed and controlled by the Association. This is my understanding of the PUD, but it is inconsistent with the provisions of the Subdivisions Improvements Agreement. 6. Protective Covenants. a. (3.1) A sentence needs to be added to this provision providing that no guest house may be constructed without appropriate permitting by Garfield County. • • MEMO TO ANDREW McGREGOR PAGE 4 MAY 4, 1992 b. (3.6) This provision is not consistent with the Building Code and zoning provisions of Garfield County. Twenty-five (25) feet is the maximum height for any structure, under both of those provisions as defined by those regulations. c. (3.8) I am not certain that this provision is consistent with the plat note requiring compliance with Plat Note 11. I believe that Plat Note may require a non -wood or fire retardant material for a roof. Additionally, I should note generally that I see no incorporation of Plat Note 11. in the covenants of the subdivision. d. Existing Foliage. Although I am familiar with the topography of this subdivision, and am aware that it is not heavily forested, I am not certain that Paragraph 5 complies with Plat Note 11. regarding necessary wildfire protection measures. To the extent of inconsistency, it needs to be modified. e. Roadways. This provision may be inconsistent with other provisions in the by-laws, as well as the Plat Note, certificate of dedication and ownership. f. (18.1) Although this paragraph does not directly concern the County, I note that at no point does it require approval of the Architectural Control Committee prior to construction. While the Architectural Control Committee must be provided with sets of plans and use its best judgment in reviewing those plans, it does not appear to state that the no construction can occur until approval, written or otherwise is obtained from the Architectural Control Committee. 7. Adequate documentation has been submitted with regard to the necessary certification from the County Treasurer's Office, pursuant to 5:31(c). 8. 5:31(d), Subdivision Covenants, have been discussed above. 9. 5:31(e), Evidence of Appropriate Roads and Other Service. This will exist to the extent that they will be completed in compliance with the Subdivision Improvements Agreement and other final plat documents. I note, at this time, we have received no "as -built" plans or "approved for construction" plans concerning the roads in the subdivision, hence, compliance with this provision cannot be had until those documents are obtained. 10. 5:31(f) is not applicable. • • MEMO TO ANDREW McGREGOR PAGE 5 MAY 4, 1992 11. 5:31(g), compliance with this provision appears to be had in that an approved decree has been tendered regarding augmentation as required by the State Engineer and the preliminary plan approval documents. 12. 5:31(h), School Impact Fees, will be provided for in the final agreement. 13. 5:31(i), compliance will be had with this provision through enforcement of the covenants and other attendant documents. In regard to the provisions of the preliminary plan requirements (Resolution No. 91-044), in regard to Paragraph 3 of those provisions, it is not clear that the applicant has made provision for all road improvements on and off site in the application. In particular, I find no reference to dust retardant and the cost of applying that retardant for a two-year period, together with improvements for County Road 117 in terms of cost. In regard to Paragraph 4, we have previously noted that no road plans have been tendered at this point. In regard to Paragraph 10, I am not aware as to what permits may or may not have been obtained from the Road and Bridge Department, but such must be obtained in the near future if road improvements to the subdivision are to commence. In regard to Paragraph 14, no approval of the water system plans have been tendered. The remainder of the provisions of the Preliminary Plan approval appear to have full compliance. Finally, I come to the plat itself. I have previously noted that the certificate and dedication of ownership is not consistent with other provisions in the documents regarding the private or public status of the roads. I agree that the certificate is that currently required by the County. However, if private roads are to be established for this subdivision, the required dedication must be altered. The remainder of the requirements for the plat appear to have compliance. The foregoing constitute my comments regarding the documents submitted by Mr. Fitzgerald for final plat review. DKD:mls HOLY CROSS �l EC"I,I=SIC: ASS&IATION, INC. 37091IIGIIWAY 82 1'. O. !RAWER 2150 GLENWOOI) SPRINGS, COLORADO 81602 March 4, 1992 Mr. Pat Fitzgerald Glenwood Brokers 1416 Grand Avenue Glenwood Springs, Colorado 81601 RE: New 10 Underground Electric Service, Lazy Diamond A Subdivision (303) 945-5491 FAX: 945-4081 Dear Pat: We have completed a design and cost estimate for providing electric service to the aforementioned project. Our facilities will be installed as generally shown and highlighted on the "Topographic and Utility Plan" for Lazy Diamond A Subdivision, herein attached. Total estimated cost of underground construction $37,600.00 Construction deposit consisting of equivalent overhead credits (refundable) $27,150.00 Contribution in aid of construction (non-recoverable) 10,450.00 Total payment required before starting work on the project $37,600.00 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. Your contribution and deposit will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes agreement to pay any further assessment in a timely manner. Adjusted construction deposits are available for refund over a ten year period as specified by Holy Cross Electric's Line Extension Policy. Upon expiration of the ten year refund period, any remaining construction deposit balance will be applied as a non-recoverable contribution in aid of construction to this work order. Our power facilities must be installed on an easement. Please forward me a copy of the latest deed showing current ownership of the project property. This copy must also show the book and page of its recording at the County courthouse. I will use this information to prepare the easement for signature. The following conditions are hereby noted: 1. The enclosed "Request For Load Information" form must be completed, signed, and returned. 2. Lot corners or other locations will be provided by the developer as needed to ensure that our facilities are installed as shown on the attached topographic and utility plan. 3. Holy Cross Electric has implemented a policy which requires that project owners provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve their new development. The owner must also set all vaults and install all conduits as specified by Holy Cross Electric's design for the project and the enclosed construction specifications. Holy Cross Electric will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed and returned prior to the start of excavation. Mr. Pat Fitzgerald Glenwood Brokers March 4, 1992 Page Two 4. The above estimate is for Holy Cross Electric facilities only and does not include the installation of telephone or television facilities. It will be the developer's responsibility to coordinate construction and make contractual agreements with the other utilities. 5. There is no provision in our estimate for revegetation. Revegetation, if required, must be provided by parties other than Holy Cross Electric. 6. Secondary voltage available will be 120/240, single-phase. 7. Secondary voltage will be made available at a pad -mounted transformer located within a reasonable distance of each lot. It will be the lot owner's responsibility to extend underground secondary entrance conductors from the point of power usage to the designated transformer. When reaching the designated transformer involves a road crossing, a conduit will be installed during construction of the primary voltage system. It will be the lot owner's responsibility to maintain the conduit(s) associated with his lot. 8. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 9. All residential services must have an outside disconnect accessible at all times to Holy Cross Electric personnel. 10. It shall be the consumer's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Electric. 11. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Electric office. 12. All Holy Cross Electric rules and regulations will be followed. When Holy Cross Electric is in receipt of your check in the amount of $37,600.00, all necessary executed easements, other permits, if required, a completed "Request For Load Information" form, the executed trench agreement, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. Stephen B. Casey, Contract Administrator Enclosure SBC: rjm W/O#92-13380:64-10:Lazy The above terms and conditions are hereby agreed to and acceptedr) &-e-CA-v--- /)}/ - / 7 Diamond A Subdiision By: Title: Date: liklENCH, CONDUIT, AND VAULT AGRE•NT This agreement is made and entered into this day of AXTHELM CO., A PARTNERSHIP AND E. R. AXTHELM CO., A PARTNERSHIP, 117, Glenwood Springs, Colorado 81601, hereinafter called 'Developer', and mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602, a Cross'. , 19 , between C. E. whose mailing address is 4264 County Road Holy Cross Electric Association, Inc., whose Colorado Corporation, hereafter called 'Holy WHEREAS, Holy Cross has been requested by the Developer to provide underground electric service within an easement traversing certain real property described as follows: a tract of land situate in Sections 3 and 10, Township 7 South, Range 89 West of the 6th Principal Meridian as referenced in book 524 at pages 323 and 324 of the records of the Garfield County Courthouse, Glenwood Springs, Colorado with the subject property being more particularly described in Exhibit A, hereto attached; and WHEREAS, installation of such underground electric service will require trench and other excavations both within and outside of the above described project property; and WHEREAS, the Developer is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct the required underground electric facilities. NOW THEREFORE, the Developer and Holy Cross agree as follows: 1. The Developer shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of underground electric service to the above mentioned project. Such excavation shall be located as shown on the construction drawing and performed as specified by Holy Cross. a. All excavation, both within and outside the above described project property, will be within easements dedicated for utility use. The route of excavation to be provided pursuant to this agreement is shown on Exhibit A, attached hereto and made a part hereof by reference. The top of all power facilities, excluding vaults, will be installed 48' below final grade. b. Holy Cross will supply the necessary conduit and vaults for installation by the Developer upon completion of contractual arrangements. Developer assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Developer. c. In the event that conduits or any other installation provided by Developer are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Developer will be responsible for correcting said problems at its expense as specified by Holy Cross and Developer shall reimburse Holy Cross for all additional costs resulting from said conduits or other installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable excavation, the Developer shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the project. 3. The Developer shall obtain all necessary digging permits and utility locations prior to excavation. The Developer shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a qualified Holy Cross Electric employee. 4. The Developer shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder.The Developer shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder. In the event Developer shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. The developer agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. 5. The Developer shall repair any excavation settlement and damage to asphalt paving or other surface Improvements caused by such settlement resulting from work performed hereunder, both within and outside the above described project property, for a period of two (2) years from the date backfill and cleanup are completed. 6. In the event the Developer shall not promptly complete all of the obligations hereinabove agreed to be performed by Developer, Holy Cross may give written notice by registered or certified mail demanding Developer to complete the work and obligations undertaken by Developer herein, and if such is not completed within 30 days after receipt by Developer, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable and collectible from the Developer. In the event that litigation is necessary to collect such obligation„ Holy Cross shall be entitled to its reasonable attorney fees and costs of suit. 7. As set forth in paragraph 1 a above, Developer covenants that the trench, and all facilities within the trench shall be located within dedicated utility easements and at the proper depth below finished grade. It shall be the obligation of the Developer to properly locate and construct the facilities within the easement. After completion of construction, if it should later be discovered that such facilities have not been properly located within dedicated utility easements, it shall be the obligation of the developer to provide new easements for the actual location of the facilities, or to relocate the facilities within the easement, all of which shall be at the sole cost and expense of the developer. The promises, agreements and representations made by the Developer herein shall be covenants that run with the land and shall be binding upon the successors in interest, and assigns, of the property hereinabove described. HOLY CROSS ELECTRIC ASSOCIATION, INC. C. E. AXTHELM CO., A PARTNERSHIP By: Edward L. Grange, General Manager W/0#92-13380:64-10:Lazy Diamond A Subd.:SC4-28-92 By: Evelyn helm, General Partner E. R.AXTHELM CO., A PARTNERSHIP " By: tCvY Evelyn Axthelm, General Partner Revised 4-8-91 • • STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Edward L. Grange, General Manager of HOLY CROSS ELECTRIC ASSOCIATION, INC. WITNESS my hand and official seal. My commission expires: STATE OF CO L W.cl0 ) COUNTY OF ) In The foregoing instrument was acknowledged before me this S, clay of ) ' I , 19 j Z , by EVELYN R. AXTHELM AS GENERAL PARTNER OF BOTH C. E. AXTHELM CO., A PARTNERUP AND E. R. AXTHELM CO., A PARTNERSHIP. ) ss. Address: Notary Public WITNESS my hand and official seal. My commission expires: s-99 W/O#92-13380:64-10:Lazy Diamond A Subd.:SC4-28-92 Revised 4-8-91 • • EXHIBIT A PROPERTY DESCRIPTION A tract of land in Sections 3 and 10 of Township 7 South, Range 89 West of the 6th Principal Meridian, in Garfield County, Colorado, further described as follows: Beginning at a point on the East right-of-way line of Four Mile Road whence the Northwest corner of said Section 10 bears S42°41'02"W, 1749.20 feet; thence along said existing right-of- way line; S30°00'09"W, 160.72 feet; thence, S07°26'49"W, 275.79 feet; thence, S10°40'17"W, 101.44 feet; thence, S24°51'51"W, 422.79 feet; thence, S21°48'28"W, 630.54 feet; thence, S18°50'15"W, 248.45 feet; thence, S17°36'53"W, 485.43 feet; thence, S40°05'56"W, 429.14 feet; thence, Along an arc of a curve to the left with a radius of 227.10 feet, a length of 174.43 feet which arc is subtended by a chord bearing S18°05'41"W for a length of 170.18 feet; to a point on the South line of the NW1/4 of the NW1/4 of said Section 10; thence along said South line N89°07'51"E, 1252.31 feet to the Southeast Corner of said NW1/4 NW1/4 of Section 10; thence along the East line of said NW1/4 NW1/4 of Section 10, N00°26'07W, 1360.17 feet to the NE corner of said NW1/4 of the NW1/4 of Section 10; thence along the North line of said Section 10, S89°49'05"E, 607.25 feet; thence, N00°55'35"W, 137.79 feet; thence, N19°27'25"E, 109.17 feet; thence, N30°24'25"E, 188.15 feet; thence, N51°32'25"E, 136.80 feet; thence, N47°17'25"E, 149.70 feet; thence, N68°53'25"E, 169.00 feet; thence, N59°18'25"E, 214.60 feet; thence, N20°56'25"E, 57.39 feet to a point on the East line of the SW1/4 of Section 3; thence along the East line of said SW1/4 of Section 3, N00°33'35"W, 477.66 feet; thence N89°58'15"W, 1450.32 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO HOY 06 '92 15:29 Gnat ;" 1='� �F'].116 FOFk: 6I FE�_ia1E'=; F'.1 • GMCO CORPORATION "Paving & Light -Heavy Construction" P.0. Box 1220 Carbondale, Colorado 81623 (303) 963-3516 May 6, 1992 Larry Axthelm Lazy Diamond A Subdivision ATTN: Pat Fitzgerald FAX NU: 945-5217 GHGU Corporation proposes to furnish and apply Magnesium Chloride to roads in the Lazy Diamond A Subdivision as follows: Home Place Road: (1,450' x 28') Ranch Lane: (456' x 28') Portion of Dry Park Road adjoining subdivision: (860' x 28') 2,255 gallons 709 gallons 1,338 gallons Total 4,302 gallons 4,302 gallons t? $0.45 per gallon - $1,935.90 Water Truck (est. 4 hours) g $55 per hour = $220.00 TOTAL COST S2, 155. 90 The above prices are good through August, 1993 WE PROPOSE to furnish labor and material --- complete in accordance with above specifications, and subject to conditions found on this agreement, for the sum of: As stat 1 a1OYL.. Payment to be made as follows; Net 30 days dollars ($ ). ACCECTEO. The above prises, apldfications and conditions are satrac tory and ane hereby accepted. You are authorized to da the work es specified. Payment will be made as outlined above. Date of Acceptance By ay _. By Not ffespectfuliy suhrnitted, GMCO CORPORATIO n Stephenson is proposal may be withdrawn by tis if net attested within days. • 6 g K ROCKY MOUNTAIN NATURAL GAS March 3, 1992 • Larry Axthelm c/o Patrick Fitzgerald P 0 Box 1330 Glenwood Springs, Colorado 81602 Rocky Mountain Natural Gas A Division of K N Energy, Inc. 2517 Grand Avenue P.O. Box 340 Glenwood Springs, CO 81601-0340 (303) 945-8614 To provide gas service to the above listed property, we would have to install approximately 2,200 feet of 2" pipe. A customer advance of $ 6,600 would be required. We have based the advance amount of $ 3.00per foot for the pipe, tracer wire and marker tape. We will require the developer to provide the trench and the back filling. An allowance of $ 1.50 per foot has been designated for trenching and back filling. This customer advance will be rebated hack to the developer at the normal rate of $ 1,200 per new customer connected to this extension. A Gas Main Extension Agreement will be completed, listing all of the specific details of this transaction. To start the process, we will need a check issued to Rocky Mountain Natural Gas Company, a division of K N Energy, Inc for $ 6,600 • Very truly yours, Darrell Hartigan District Manager Dil/cs • • GAS MAIN EXTENSION AGREEMENT THIS AGREEMENT, executed to be effective a_,�3`)9 ; by and between Larry Axthelm/ Lazy Diamond A ("Applicant", whether one or more), and the Rocky Mountain Natural Gas Division of K N Energy, Inc., a Kansas corporation ("Company"). In consideration of these promises and other valuable consideration herein acknowledged, the parties hereto agree as follows: 1. Applicant is desirous of securing natural gas service and Company is desirous of furnishing such service. It will be necessary for Company to construct approximately 2,200 feet of 2 inch distribution main extension from a main along 117 Rd to Home Place & Ranch Ln Glenwood Springs, Colorado (location of extension) . Company will install free of charge 0 feet for each Applicant. Applicant agrees to pay to the Company as an advance for construction an amount equal to $ 3.00 per foot for the difference between the total footage of pipeline and the amount of free construction. A trenching credit of $1.50 per foot has been allowed 2. The Company agrees that should any additional customer desire to be connected to the subject extension within five years from the above date, other than further extensions thereto, it will refund one-time to the Applicant (proportionately if applicable) $ 3.00 400 feet x per foot charge stated above) for each customer so connected; provided, however, that the total of any such refunds shall not exceed the total contribution by Applicant. Applicant specifically agrees that should the Company make further extension to the subject extension, the Company shall have the right and privilege to do so without any refund obligation whatsoever to Applicant. 3. The Company will endeavor to construct the extension with all reasonable expedition, subject to applicable laws, rules and regulations of governmental authorities, and to any delay occasioned by lack of right-of-way, force majeure or events or conditions of whatsoever nature reasonably beyond the Company's control. 4. The Company shall not be obligated to commence the construction herein specified unless and until: (a) Applicant has caused the right-of-way for the slain extension to be clearly staked on the ground by a registered engineer; (b). such right-of-way has been reduced to final grade and cleared of all obstructions or any kind; and (c) all necessary right-of-way has been furnished th6 Company without cost or expense or. the Company's standard form of easement. • j • • 5. Title to such main extension, including its pipes and appurtenances, connections thereto and extensions thereof, and including the right to use, operate and maintain same, shall forever be and remain exclusively and unconditionally vested in the Company. 6. If at any time after this Agreement is accepted, a moratorium on or curtailment of new or additional service or connections is imposed upon the Company's system, the Company shall not have any obligation hereunder or otherwise to make any new or additional connections or to reimburse the Applicant for any of the advances for construction due to the Company not making such new or additional connections during the period any said moratorium or curtailment is in effect during the five year period, nor shall the period be extended. 7. Company and Applicant acknowledge that this Agreement is binding upon their respective heirs, successors and assigns. Company and Applicant further acknowledge that there are no Agreements or understandings, written or oral, between the parties related to the gas main extension, other than as set forth herein, and that this Agreement contains the entire Agreement between the parties hereto. This Agreement may not be altered, modified, terminated or discharged except by writing signed by the party against whom such alteration, modification, termination or discharge is sought. This Agreement shall be governed in accordance with the laws of the State of Colorado. Executed to be effective the date and year first above written. APPLICANT SIGNATURES ROCKY MOUNTAIN NATURAL GAS DIVISION OF K N ENERGY, INC By • APPLICANT'S ADVANCES • 'Name Mailing Address Amount Larry Axthel m 4264 ('n. Rd. 1 1 7. Glenwood Springs Co. $ 6600. TOTAL ADVANCE $ 6600. To be executed in quadruplicate: 1st Original - Company, Lakewood 2nd Original - Applicant 3rd Original - Regional Manager 4th Original - Company, Glenwood Springs ROY ROMER Governor �F COO 6.7 y I. 90 1876,1' OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorapo 80203 (303) 866-8581 L. JERIS A. DANIELSON State Engineer October 5, 1990 Mr. Andrew C. McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Lazy Diamond A Preliminary Plan Sections 3 & 10, T7S, R89W Dear Mr. McGregor: We have reviewed the above referenced preliminary plan for a twelve lot subdivision of 85.67 acres. Three outlots are to be created along with the twelve residential lots. The proposed water supply source is the Bershenyi Spring. Water supply information prepared by Jerome Gamba & Associates indicates there is a sufficient physlical supply to serve the development. This report also indicates that the 1 central water system will provide satisfactory water quality. The applicant proposes to use the Atkinson Ditch to provide replacement water to allow the spring to be used when it is out -of -priority. An augmentation storage reservoir is also proposed. An augmentation plan must be approved in Water Court before a legal w4ter supply can be obtained. I A homeowner's association with powers to enforce compliance with the augmentation should be formed. The water rights used to supply the development and provide replacement Water should be conveyed to the homeowner's association. One individial should probably be designated to be specifically responsible. His name and telephone number should be provided to our Division Engineer and Water Commissioner. In summary, we ask that the preliminary plan be held in abeyance until the augmentation plan has been filed in Water Court and we can review it. Guarantees for the construction of 'the reservoir should be among the conditions of any approval. Sincerely, James C. McDanold, P.E. / Senior Professional Engineer JCM/c1f:3590I cc: Orlyn Bell, Division Engineer „1. DISTRICT COURT, WATER DIVISION 5, COLORADO Case No. 90CW214 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE LAZY DIAMOND A SUBDIVISION IN GARFIELD COUNTY This matter coming before the Court upon the Amended Application for Water Rights of Lazy Diamond A Subdivision ("Applicant"), For Storage and Change of Water Rights and Approval of Plan for Augmentation, and the Court, having considered the pleadings and evidence before it, hereby makes the following Findings of Fact and Conclusions of Law and enters the following judgment and decree. I. FINDINGS OF FACT 1. Applicant filed its application on October 11, 1990. An Amended Application was filed on October 30, 1990 and was re- referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 7th day of November, 1990, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Determination and Administration Act of 1969. 2. The Motion to Re-refer the case to the Water Judge and a certification of intent to protest Ruling of Referee was filed by the applicant on January 17, 1992. An Order was signed by the Referee on January 17, 1992 to re-refer the matter to the Water Judge. 3. Timely and adequate notice of said application has been given in the manner prescribed by law. 4. Timely Statements of Opposition have been filed by Deer Park Properties and Greenwald Children's Irrevocable Trust No. 1. Deer Park Properties has since withdrawn having stipulated to an agreement with the applicant. 5. The time for filing Statements of Opposition has expired. 6. The State Engineer and Division Engineer for Water Division No. 5, by and through their attorney, Gale A. Norton, Attorney General for the State of Colorado, motioned the court to • • allow them to intervene on February 18, 1992. The Applicant filed a Response to the State's motion on February 18, 1992. The Applicant withdrew their response on April 10, 1992. 7. The Water Judge of Water Division 5 has jurisdiction over the subject matter of this proceeding and over all who have standing to appear, whether they have appeared or not. 8. The Objector, Greenwald Children's Irrevocable Trust No. 1, has consented to withdraw upon the entry of this decree. CLAIM FOR CHANGE OF WATER RIGHT 9. Atkinson Ditch. Located on the East bank of Four Mile Creek about 3 miles from the mouth of said creek. The said ditch was decreed on May 11, 1889 in Case No. CA -132 with an appropriation date of May 24, 1882 for 4.0 absolute to be used for irrigation. The applicant requests a change of use for 0.12 cfs conditional from irrigation to domestic and storage by augmentation. A. Source: Four Mile Creek B. Name and address of owner of land: Lazy Diamond A Subdivision c/o Larry Axthelm 4264 County Road 117 Glenwood Springs, CO 81601 10. (Axthelm Pond. The right abutment of the Axthelm Pond is located' at a point -in Section 3, T. 7 S., R. 89 W. of the 6th P.M. whence the southwest corner of said Section 3 bears S. 53°40'47" W., a distance of 1804.10 feet. The applicant claims an appropriation date of September 26, 1990 for 5.0 acre feet conditional to be used to augment out of priority depletions to the stream caused by the domestic diversions from the Bershenyi Spring. The Axthelm Pond will be filled from the Atkinson Ditch and/or Bershenyi Spring. A. Source: Four Mile Creek B. Name and address of owner of land: Lazy Diamond A. Subdivision c/o Larry Axthelm 4264 County Road 117 Glenwood Springs, CO 81601 • . CLAIM FOR APPROVAL OF AUGMENTATION PLAN 11. (A) Structures to be used for augmentation: (i) Axthelm Pond (described in paragraph 10 above) (ii) Atkinson Ditch (described in paragraph 9 above) (B) Water right(s) to be augmented: (i) Hammerich Pipeline a/k/a Bershenyi Spring. The Hammerich Pipeline was decreed on October 24, 1952 in Case No. CA -4033 with an appropriation date of September 1, 1914 for 0.15 cfs absolute to be used for domestic and other beneficial uses. The legal description of the point of diversion is whence the Southeast Corner of Section 10, Township 7 South, Range 89 West of the 6th P.M. bears South 47°18' East 7208.7 feet. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 12. Applicant intends to provide a legal water supply to the Lazy Diamond A Subdivision. The development consists of 13 lots. The central water supply system will obtain its water supply from the Bershenyi Spring. The total estimated water depletion for the Lazy Diamond A project is 2.21 acre feet per year. The central system will divert 7.21 acre feet for in-house domestic purposes and for the irrigation of lawns and gardens (assumed to be no more than 2500 square feet per unit) from the municipal system. The lands that will be removed by the construction of the development will result in drying up 4.64 acres historically irrigated and result in an historic consumptive use credit of 9.2 acre feet. Water will be stored in the Axthelm Pond under its own priority in the non -irrigation season and releases from the pond will augment any downstream rights that may call the Bershenyi Spring out of priority. Under full development, average year augmentation releases to Four Mile Creek above the Four Mile Ditch will be as follows: Schedule I Headgate Reservoir Reservoir Release Release Volume April .28 .29 4.71 May .99 5.0 June 1.15 5.0 July 1.21 5.0 August 1.02 5.0 September .90 5.0 October .37 .28 4.72 • • Under full development dry year releases to Four Mile Creek above the Four Mile Ditch will be as follows: Schedule II Headgate Reservoir Reservoir Release Release Volume April .28 .29 4.71 May .99 5.0 June 1.15 3.85 July 1.21 2.64 August 1.02 1.62 September 0.90 0.72 October .65 0.07 There are two schedules above. Schedule II is to be used only when the Atkinson Ditch is fully out of priority for any part of a given month. The balance of the historic consumptive use (2.75 af annually) is not devoted to this augmentation plan and shall remain available to the applicant for use. Future use of the 2.75 af must be in accordance with a court approved change case or augmentation plan. Until such court approval is obtained diversion and use of the remaining 2.75 af must continue in accordance with historic practice. The land to be dried up consisting of 4.64 acres under the Atkinson Ditch shall be permanently removed from irrigation by the construction of roads, driveways, buildings, the Axthelm Pond and other subdivision improvements. This property is contained within the subdivision, more particularly described as: Lots 1 - 12, Lazy Diamond A Subdivision STIPULATIONS 13. (a) The Opponent (Deer Park Properties) requested Applicant and Applicant has agreed to "consent" to (1) the construction by the Opponent of not more than two new wells, and (2) the adjudication of one existing well to be located in either Section 23, 24 or 26 of Township 7 South, Range 89 West of the 6th P.M. Each well would be capable of diverting up to 100 gallons per minute. This consent shall be further interpreted to mean that the applicant will not oppose the efforts by Deer Park Properties to adjudicate said wells provided said adjudication is filed in the year 1991, or thereafter. 1 • (b) The Opponent (Greenwald Children's Irrevocable Trust No. 1) has consented to the within decree according to the terms of a Stipulation dated April 7, 1992. II. CONCLUSIONS OF LAW 14. The foregoing Amended Findings of Fact are fully incorporated herein. 15. The Court has considered the present Amended Application for Storage and Change of Water Rights and for Approval of Plan for Augmentation as set forth in paragraphs 9 through 12 above, concludes as a matter of law that such changes and requests set forth herein will not result in injury to the vested or conditional water rights of others and that such limitations and conditions provided adequate measures toward the administration by state officials. III. JUDGMENT AND DECREE 16. The foregoing Amended Findings of Fact and Conclusions of Law are incorporated herein and made part of the Court's judgment and decree. 17. It is hereby ordered that the Amended Application for Storage Rights, Change of Water Rights and Plan for Augmentation described above is hereby granted as follows: (a) A conditional water storage right for the Axthelm Pond as more fully described in paragraph 10 be granted. (b) The change in water right of the portion of the Atkinson Ditch more fully described in paragraph 9 above from irrigation to domestic and storage by augmentation be granted and approved and no water user will be injured thereby. (c) The augmentation plan described in paragraph 12 above shall be approved and granted and no water user shall be injured thereby. (d) At times when the Bershenyi Spring and/or Hammerich Spring and Pipeline priorities are out of priority and a valid call is being effected on Four Mile Creek that would affect diversions by such water rights, diversions into the Atkinson Ditch shall be reduced by the amount of the diversion of Axthelm's share of the Bershenyi Spring a/k/a Hammerich Spring and Pipeline up to 0.12 cfs. 18. This matter is subject to the retained jurisdiction of this Court pursuant to C.R.S. §37-90-304(6) pursuant to which the • • question of injury to the water rights of others may be reopened and re-examined at any time prior to three years after 80% of the lots within the development have been completed. 19. An Application for a,Finding of Reasonable Diligence shall be filed in April of 1998 and in April of every sixth calendar year thereafter so long as the Claimant desires to maintain the conditional water right or until a determintion has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation, or otherwise disposed of. 20. It is accordingly ordered that this Amended Judgment and Decree shall be filed with the Water Clerk and shall be effected upon such filing, subject to judicial review pursuant to C.R.S. §37-92-304 (1990). 21. It is further ordered that a copy of the Amended Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. �� 23. Done - at he City of Glenwood Springs, Colorado, this ,'f day of L2 , 1992. BY THE COURT: Water Judge Water Division No. 5 State of Colorado cp77,, APR 3 0 1992 GARFIELD COUNTY GLENWOOD BROKERS MEMO 945-6000 1416 Grand Ave Glenwood Springs, CO 81601 Telecopier # 303-945-5217 TO: Don Deford & Mark Bean FROM: PAT FITZGERALD DATE: April 30, 1992 SUBJECT: Axthelm Subdivision, Lazy Diamond A The county regulations require that a tax certificate be presented to verify that no back taxes are the Axthelm property. subdivision. Attached is a copy of same for i;,-, F.) --i r - v; _ T O - ri ,i,J --i o .Ti -1!1 NO, w -1 G ,1 �-' L ri O _DO _ C� - - -o — W 1 `; — ,I, IJ v � - ; J co :_ ,1 r -I x(J _ �_ _• D t 1•3 C 0 O Tl -.1 •-o -{ 'Q D T Inyl - O ,-, .�_ O Gi CD 0 ---I O 37 11 Z LO Z O ;, -1 m O 1 • m ▪ :71 -1 '4 4 17-J 71 - 37 1-'1 .0 j.._) 11..1 • --1 2i D r.) .-- r r CO ,L4 a) H 0 [l rfj = O 'T 0) D Z FT: --i H - 7 m a-. :;J -J O CO -n .1 ,-, D T; 0 L •• _1 z r -- Z -< i C73 U: r- a (2 ( : r n Z m "<-iDDy m D m m 7cnN v:- _AmOmD ONS m 7zc m -1Z0 CZ <00 m - �N X�C i m O cn rn rODnm m 37 37 . m Sv DC O pmmm � m. D r m 2 0 77 C 0 0 D r \ 7-Cp--( r r m cn C cn cn 71 mm r� C _ r-- < -< 0 c0 11 1 C-1 HDfIOHHl00001NflOWV 3flo 1V101 t++ SRXV11N3HH00 cncntn0m C>----_,);".mZ. m' -1 m cnm7J= 7 >mm -n OrDC per{ m� �cn-IH(4)0Z 1I=DCm m m Z 0r7Jrn mcomcn m n D 0 m C m0rt030m jo v m O m O m m D 0 cn O r DmZ .< 0) mmm- ODm D00DOmJ3 Z rn -n o _ O in37mm{ "' m= m m 00,0 m D Om !T1 mmOmDC- 7 cn m m m��DZO rc ?�=mDmI >il H 0 XDm -i mrri mm<nmcnm Z 0 O m :IS 03H30 Ill Z • --1 r+ 1.0 t-- 111 J �l t- • • r- G1 -i r1 • hJ 0 0 o 4N 0 3 ?1 0 D Z < 0- -< L \rJ r. J 0 m b3SWf1N 3IVDI3II I3D H38Wf1N 3111(331-13S >:IV3A XVI HOd 0 rn 0 -n C� O m C Oz m —< C) rn rn T -1 rn > CD CO D C 73 Ti m 1 OOV 0103 3O 31V1S JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 800 COLORADO AVENUE P.O. BOX 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE, (303) 945-2550 FAX, (303) 945-1410 April 8, 1992 PO. BOX 4808 PAGOSA SPRINGS, COLORADO 81157 PHONE (303) 731-5743 Glen Bodner Colorado Dept. of Health Water Quality Control Division 4210 E. llth Avenue, Room 320 Denver, CO 80220 Dear Glen: Enclosed please find the plans and specifications for the Lazy Diamond A Subdivision for your review. If you need additional information, please call. Very Truly Yours, JEROME GAMBA & ASSOCIATES, INC. b.,,.4.1% A T omas A. Zancanel a, P.E. TAZ/pf\90122\deptheal.ltr Enclosures cc: Mark Bean 1 JEROME GAMBA & ASS( ATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 201 CENTENNIAL, SUFE 306D P.O. 80X 1458 GLENW00D SPRINGS, COLORADO 81602-1458 PHONE(303)945-2550 FAX: (303) 945-1410 • Project 44Z-7 0/A141007•0 /4 S„Fs2/L /h Work item5C /' o(-- S v 5 TV 12,0 0 V `t- Sheet / of 3 ^ M 3 date ,z -sr / 9 Z By -� • , • (�7 Pt 1� h • JEROME GAMBA & ASSCTES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 201 CENTENNIAL, SUTE 306D P.O. BOX 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE (303) 945-2550 FAX (303) 945-1410 • Project LAZY IA vl1cWO A5 uaottii.5loi(. Work item A UG t( L A,1,1E 1305 TU e►vOL/t5 Sheet Z of date 3 /7--`-//q — By I ANA r=5 �t JEROME GAMBA & ASSATES, INC. CONSULTING ENGINEERS & LANCIrRVEYORS 201 CENTENNIAL, SURE 308D P.O. BOX 1458 OLENWOOD SPf,COLORADO 81802-1458 PHONE (303) 945-2550 FAX: (300) 945-1410 { III ,,, ''gyp <JN, \. 5o` Project /A Z9'•L-/ A iDND A S v 3 0! VI 5, CM/ Work item /--)CMa- Pt- A C E .L3 U 5 ] Q /Joc.) Sheet of 3 date 3 �y .S19 2- By (—i4/17 &A fr uc 1 <7 i ; it • CONSTRUCTION SPECIFICATIONS --SPECIAL CONDITIONS LAZY DIAMOND A SUBDIVISION PUMP STATION, WETWELL, CHLORINATOR AND CHLORINATOR BUILDING, CHLORINE CONTACT CHAMBER, DOMESTIC WATER SYSTEM PIPELINE, WATER STORAGF TANK EARTHWORK AND FOUNDATION, SUBDIVISION ROADS AND AUGMENTATION POND 1) Description The work consists of the furnishing of all labor, equipment, tools, supplies and materials for the construction of: A.) the 6 -inch ductile iron pipeline distribution system with the connection to, and tank piping for, the 70,000 gallon water storage tank. B.) the 3 -inch schedule 40 P.V.C. pipeline to connect the 6 -inch D.I.P. distribution system to the chlorine contact chamber. C.) the 16 -inch ductile iron pipe chlorine contact chamber. D.) the pump station and chlorinator building and wetwell. E.) the pump station mechanical, electrical and controls. F.) the 3 inch Class 160 PVC spring water pipeline. G.) the water storage tank site earthwork. H.) the water storage tank gravel -sand foundation. I.) the subdivision road earthwork and grading. J.) the subdivision road culverts. K.) the subdivision road gravel stabilization. L.) the augmentation pond earthwork. M.) the augmentation pond outlet works and flume. 2) Water Distribution System and Tank Piping a) All 6 inch ductile iron pipe for water distribution system and tank piping shall be Class 50, cement mortar lined with push -on joints. Pipe shall inchespringwafurnished er1th pipelinecsha11ient 1berClass icant for installation. A11 160 PVC. SPECIAL -PAGE 1 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS • • b) NOTICH--WORK CALLED FOR IN SECTIONS 5.g., 5.h., and 5.i.. on page W-4 of CONSTRUCTION SPECIFICATION W WATER PIPELINE CONSTRUCTION, calling for trace wire, conductivity straps and polyethylene encasement SHALL BE OMITTED. c) All gate valves shall be resilient seat, mechanical joint, 0 -ring stem Neal, open left. d) All valve boxes shall be, Mueller buffalo pattern 5-1/4 inch screw type with cast iron base and cover, or approved equal, for pipeline bury of five and one half feet (5.5 feet). "WATER" shall be cashin the cover. e) All lire hydrants shall be dry barrel type with break -away traffic flange and shall.be painted red. Outlets shall be 2 each 2-1/2 inch hese nozzles and one 4-1/2 inch pumper nozzle. Outlet threads shall conform to National Standards. Shoe inlet shall be 6 -inch, mechanical joint with retainer gland. The hydrant shall be sized for 5.5 foot pipe bury, shall be open left, with the direction of opening cast in the top of the hydrant. The hydrants shall be Mueller, centurion or improved; or shall be Kennedy be R -81A, no substitutes. Hydrants oindSheet 9hoflthe d�awingsted in accordance f) All fittings for ductile iron pipe shall be mechanical joint, short body, ductile iron complete with bolts, gaskets and follower glands. MEGAL°lforr39glands C1assshall PVC sprangnwater all vertical bends. All fittings pipe shall be Schedule 40 cement weld joint. 3) Pipeline Installation a) The distribution system pipeline shall be installed so that there will be a minimum cover of 5.5 feet over the vppipe ofrom the finished grade of ground level. Where the spring w pipeline is installed in the same trench as thewater ich ductilel be iron pipe, the bottom of the 3 inch PVC spring installed at the same elevation as the bottom of the D.I.P.► and separated, horizontally, no more than 12 inces nfrno POINTno less tAato3 inches from the D.I.P. The spring water pipeline the wetwell shall be installed with a minimum cover of 2.0 feet. b) Compaction of backfill under driving surfaces shall be 100%, Standard Proctor in accordance with section 7 a) Specification W. Where the centerline of the pipeline is within a roadway right-of-way but at least 4 feet away from a driving surface, the compaction shall be at least 90% of Standard Proctor. Where the pipeline is in open field, the compaction shall be equal to the density of the undisturbed adjacent material. SPECIAL -PAGE 2 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENC VEERS & LAND SURVEYORS • The contractor shall be responsible for calling for and paying for compaction tests from an approved soils engineering firm. Copies of test results shall be supplied to the ENGINEER by the testing firm. The ENGINEER may require that the CONTRACTOR provide additional tests. c) The .installation of the pipeline will require the crossing of several irrigation ditches. Crossing of these ditches shall be accomplished in a manner which will maintain the integrity of the ditch struct'II.e. If possible, these crossings shall be made before the iiiigation season starts and the ditches are activated. 4) Water Service Connections Water service connections shall be made to serve lots 1, 2, 3 and 4, as illustrated on Sheet 2 of the drawings. The service connections shall be accomplished in accordance with CONSTRUCTION SPECIFICATIONS FOR SERVICE CONNECTIONS, SERVICE LINES, METERS AND APPURTENANCES. For the work of this contract, sections 2(g) and 3(e) regarding pressure reducing valves shall be deleted. The service f:onnections for lots 2, 3 and 4 shall be terminated at the lot lines as called for in section 3(c). The service connection to lot 1 shall be extended to the west side of the existing Axthelm house and connected to the house system when the new water system is completed and in service. The pipeline to the Axthelm house from the curb box shall be 1-1/4 inch size. The contractor shall NOT be responsible for furnishing a meter for the Axthelm house. 5) Pump Station and Chlorinator Building The pump station and chlorinator building shall be constructed in accordance with the prevailing building codes of the County of Garfield and with the plans, specifications and details shown on Sheets 3 and 4 of the drawings. Concrete for the building shall be in accordance with CONSTRUCTION SPECIFICATION PCC. 6) Pump Station Pumps, Piping, Valves and Fittings a) The pump station and chlorinator piping shall be Schedule 80 PVC pipe and fittings as shown on Sheets 3 and 4 of the drawings. All PVC pipe and fittings shall be with glue joints, unless otherwise noted. All PVC unions shall have rubber 0 -ring gaskets. b) The main supply pumps shall be GRUNDFOS Type 25S10-7, motor product number 05.01 45 07G, 1.0 H.P. 230 volt single phase, 3450 RPM, 1-1/2 inch NPT pump outlet. The chlorinator booster pump shall be WEBTROL, EZ Series Model Number 15B10, 230 volt single phase. This replaces the booster pump called for on page CHL -1. SPECIAL -PAGE 3 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS • c) The flow meter shall be Rockwell Sealed Register, propeller type with a register which provides rate of flow and totalization or approved equal. The meter shall be 1-1/2 inch and designed for a Normal AWWA Operating Range of 1-1/2 to 100 GPM. End connection shall be flange. Companion flanges shall be connected to 1-1/2 inch Schedule 80 PVC pipe with SPEARS fitting #836-015. The meter shall be preceded with a straight length of not less than, 9 inches of 1-1/2 inch pipe, and followed by not less than 6 inches of straight 1-1/2 inch pipe. The 2 x 1/1/2 inch reducer couplings shall be SPEARS #829-251. d) The pump line check valves shall be 1-1/2 inch, SPEARS True Union Check Valve #2229-015. e) The isolation valves on the PVC piping shall be, line size, SPEARS, Safe -T -Shear single entry ball valves. The 1-1/2 inch isolation valves on the pump discharge pipes shall be installed with the union on the "pump" side of the valve. f) The uressure gauge shall be Davis Instruments, catalog number WK3331.17, 0 to 200 psi. The pressureigaue2shall be (slip x mounted on the 2 inch pump station piping q a slip x ipt) tee and galvanized iron pipe nipples and bushings. The gauge shall be fitted with a ball or plug isolation valve and pressure snubber sehallen bethe AMETEK1USion GAGE�1ve Modeldthe PSNBEgauge. The pressure snubber g) The diaphragm pressure tank shall be installed in the pump station system to prevent water�lr. TThis tank tankishall be WELL -RITE Model WR60 02, 20 q lha h) The Air. -Vacuum valve installed on the main supply pump discharge manifold,Thehown on i.solationeet 3 valveof the ahead ofathegs sall be Air -Vacuum APCO # # 14141,,11/2 incch.. valve shall be SPEARS 2132-005. 7) Pump Station Electrical a) The service drop and disconnect switch shall. be 100 amp, 120/240 volt, single phase. Pipe and wire size shall be as per N.E.C. b) Building lighting shall be two, 4 -foot fluorescent fixtures mounted on the ceiling as shown on the plans. c) All outlets and switches shall have waterproof enclosures. e) Electric space heaters shall be PUMPS INC. Pump house Heater, Model number 7150-A, 240 volt, single phase. Three heaters shall be provided, with one installed in the chlorinator room and two installed in the pump room, as shown on the plans. This replaces the space heater called for on page CHL -2. SPECIAL -PAGE 4 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENgNEERS & LAND SURVEYORS • • 8) Pump Station Controls The pump station automatic control system shall be provided to receive signals from the storage tank and direct main supply pump operations. This automatic system will receive signals for operation of the pump station from a tank -to -pump -station signal wire system and a Motor Minder to detect an underloading condition and automatically shut off a main supply pump if a low level condition occurs in the wet well. a) A control panel shall be provided with motor starters, and protection from overloading, and low voltage. The panel shall be equipped with an alternator circuit to alternate the starting pump each time a "call for water" signal is received from the tank. An ON -OFF��"AUTOMATIC„switch shall be provided for each pump. The "AUTOMATIC” system shall be provided to perform the following functions: fl -art a pump when a low level signal is received from the tank. Stop the pump when a high level signal is received from the tank. Cause the chlorinator booster pump to run any time a main supply pump is pumping. The pumps shall alternate as "lead" and "lag". The lead pump shall start when a signal is received from the storage tank that the water depth in the storage tank has dropped to a level 6 inches below the tank overflow. If the lead pump fails to start, the lag pump shall start. The running pump shall stop when a signal is received from the storage tank that a predetermined high level (tank overflow level) has been reached. The control system shall be equipped with a PUMPS INC., Motor Minder Model MM202 or approved equal. b) A running -time meter shall be provided on the pump control panel for each pump. The running time meter shall indicate running time on a pump up to 9999.9 hours. c) The tank to pump signal wire system shall be 18-13 Neoprene jacketed, heavy duty, industrial signal wire. This signal wire shall be installed in the pipe trench extending from the pump station to the water storage tank. The wire shall be installed adjacent to the bottom of the pipe and hand padded with select bedding material to prevent damage from rocks in backfill. This wire shall be supplied in one continuous length of wire from tank transducer to pump building control panel. d) A pressure sensing transducer shall be installed at the water storage tank as shown on Sheet 5 of the plans. This transducer shall accurately detect the water level in the storage tank by sensing the hydrostatic pressure and shall transmit this information to a setpoint controller installed in the pump station, through the tank to pump signal wire system noted in c) above. A setpoint controller, compatible to the transducer and signal wire system shall be installed in the pump station to start and stop the pumps under the circumstances noted above. SPECIAL-PAGEJEROME GAMBA & ASSOCIATES, INC. CONSULTING ENOMEERS & LAND SURVEYORS • • 9) Chlorine Contact Chamber The chlorine contact chamber shall be comprised of 80 lineal feet of 16 inch, Class 50 ductile iron pipe as shown on the plans. The spigot (entrance) end of this pipe chamber shall be closed with a mechanical joint cap tapped for 2 inch iron pipe thread. The Bell (discharge) end of this pipe chamber shall be closed with a mechanical joint plug, tapped for 3 inch iron pipe thread. Concrete thrust blocks shall be placed on each end of the pipe chamber and shall each contain a minimum of one cubic yard of concrete. The Air -Vacuum valve installation on the 16 inch, ductile iron pipe CHLORINE CONTACT CHAMBER shown on sheet 3 of the drawings shall be APCO # 141, 1/2 inch. The corporation stop to serve the air -vacuum valve shall be installed on the west end of the chlorine contact chamber, and the 16 inch ductile iron pipe shall be installed sloping down to the east. The 3/4 inch SDR -9 ASTM D-2666, 250 psi polybutylene water service tubing from the corporation stop to the curb stop and from the curb stop to the air -vacuum valve shall be installed sloping up to the air -vacuum valve in the chlorinator room so that all trapped air may be released. 10) Connections to Existing Spring Water Pipelines Two pipelines which transport spring water are present on the site. Both pipelines enter the site at the approximate location on shown on Sheet 2 of the plans (POINT A). One pipeline, to be 2 inch iron pipe, extends easterly across Lots 11 and 12 and the Axthelm Outlot at the approximate location shown on Sheet 2 eti2 and provides domestic water supply to the Greenwald home. pipeline is estimated to be buried at a depth of approximately 18 inches. The second pipeline is 1-1/2 inch black plastic, and generally parallels the Fourmile road at the approximate location shown on Sheet 2. This pipeline provides a domestic water supply to the Axthelm homes and ranch headquarters and is buried to a depth of approximately 6 inches or less. BOTH OF THESE PIPELINES MUST BE MAINTAINED IN SERVICE UNTIL THE NEW WATER SYSTEM BEING CONSTRUCTED IN THIS CONTRACT IS COMPLETE AND IN SERVICE. A temporary connection shall be made to the Axthelm pipeline at Point A, in the course of completing the new water system to provide a supply of water to test, flush and charge the new water system. This is illustrated in the detail on Sheet 2. After the new water system has been completed and tested, the final connections to the existing Greenwald and Axthelm pipelines shall be accomplished. The Greenwald pipeline easterly of the Axthelm Outlot shall be connected to the new water Tseservice ceililine ef which has been extended to that point (POINT B). this connection are illustrated on Sheet 2. Both the Greenwald and the Axthelm pipelines shall be connected to the new spring water pipeline at the point to which that line has been extended (POINT A). The details of this connection are illustrated on Sheet 2. SPECIAL -PAGE 6 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS • 11) Water Storage Tank Site, Foundation and Piping Sheet 6 of the drawings shows the characteristics of the site for the construction of the 70,000 gallon water storage tank and Sheet 5 of the drawings shows the details of water storage tank. The CONTRACTOR shall construct the tank base facilities, tank piping and tank supply pipeline. NOTE: THE WELDED STEEL WATER STORAGE TANK WILL BF CONSTRUCTED BY OTHERS, UNDER A SEPARATE CONTRACT. Construction of the base for the Tank Site will require the excavation of approximately 525 cubic yards of embankment. The surface material on the site is weathered sedimentary rock. It is anticipated that the most of the excavation can be accomplished with excavators and/or dozer and ripper, however, "rock excavation" may be required and a bid item is provided therefore. The tank site excavation is designed to place the base of the tank on all "natural cut" material. Some of the cut material will be placed as fill on the slope adjacent to the cut omcreate elanill be n operating area for tank construction. Any excess used as fill in the construction of the tank site access road. The tank access road shall be as illustrated on the typical section on sheet 6. e ardstofction of excavationrs andoad fillibalanll cedre approximately 220 cubicY approximately on centerline. d The aggregate for the tank foundation shall bei Class 6dinca6 in ccordh Standard with Table 703-2 and the sand shall be Typ- n Table 703-4, Division of Highways, State of Colorado, nda fill Specifications for Road and Bridge Construction, 1991. and foundations materials shall be compacted to 100% Standard Proctor density. The quantities of foundation materials required for the tank are as follows: Type I sand Class 6 aggregate 3.2 cubic yards 19.0 cubic yards 12) Augmentation Pond Construction The augmentation pond earthwork and outlet works shall be s and constructed in ashown on ccodace with details CONSTRUCTION SPECIFICATIONS Sheets 7 and 8, E & F. Earthwork necessary to construct the dam is estimed toill omprise 4480 cubic yards of excavation and 3520 cubic yards including the cutoff trench. It is estimated, that compaction of soil and loss to oversize rock will insalt in a balancesofinkage of material. All approximately 21% which will placement, of the earth work, including excavation, transport, watering and compaction shall estimatedpaid volumetofthe excavationcofe b4480 for earthwork based on the cubic yards. SPECIAL -PAGE 7 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS • e If a substantial amount of large rock is found in the excavation, this material shall be placed to form the outside 1/3rd of the dam. Material having the highest silt -clay content shall be placed on the inside 2/3rds of the dam and the cutoff trench and compacted to an optimum Standard Proctor density of 100%. The reinforced concrete in the concrete cut-off collars around the 6 -inch ductile iron outlet pipe in the dam comprises 0.45 cubic yards of concrete. The rip -rap shown at various points on the project shall be comprised of available onsite boulders and cobbles. Placement of rip -rap shall be paid for in the unit price bid for the dam earthwork. The augmentation dam overflow and outlet works shall be constructed in accordance with the details shown on the plans and with CONSTRUCTION SPECIFICATIONS W & P.C.C.. The contractor shall furnish and install one 3 -inch galvanized steel, Parshall Flume, as manufactured by Thompson Pipe and Steel or approved equal. The flume shall be installed in the ditch to be constructed downstream from the discharge end of the 6 -inch ductile iron pipe. The installation shall be accomplished under the direction of the engineer. 13) Subdivision Roads and Drainage Culverts The subdivision roads shall be constructed to produce a smooth centerline profile which generally parallels the existing natural ground and provides sufficient clearance and cover for drainage and irrigation ditch culverts. The surface area of__'!subsurface, gradin " lQ.luding—road Priam and cul-de-sacs w the.._ su division and school bud tomo its on Fa -e--Road. is 1 KO ua a yards comprising an estimated maximum of 3700 cubic yards of earthwork. The subgrade soils under the entire driving surface shall be compacted to 100% of Standard Proctor (ASTM D698 or AASHTO T-99) optimum density. The work of excavation, grading and compaction of subgrade shall be paid for at the contract unit price per square yard of subsurface grading. Subsurface grading shall be defined as all that area to be covered by road the grading activity from top of cut slope to toe of fill slope. On the compacted subgrade, the contractor shall furnish, place, water and compact sub -base gravel to a thickness of 6 inches. The sub -base gravel shall be Class 1 aggregate as specified in Section 703 and Table 703-2 in the Division of Highways, State of Colorado, Specifications for Road and Bridge Construction. The gravel shall be treated and placed in accordance with Section 304 of the above noted specifications. SPECIAL -PAGE 8 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND S$J WEYORS • • On the compacted sub -base gravel surface, the contractor shall furnish, place, water and compact to a final thickness of 6 inches, Class 6 aggregate as specified in Section 703 and Table 703-2 in the Division of Highways, State of Colorado, Specifications for Road and Bridge Construction. The gravel shall be treated and placed in accordance with Section 304 of the above noted specifications. The work of sub -base and base course gravel shall be paid for at the contract unit price per ton of gravel compacted in place. The tonnage of gravel required for the work is estimated on the basis of a compacted density of 1.8 tons per cubic yard. Payment will be made on the basis of weight tickets for gravel delivered and compacted. Culverts to accommodate drainage and irrigation ditch crossings of development joads shall be constructed in accordance with CONSTRUCTION SPECIFICATION CMP CORRUGATED METAL PIPE. 14) Bid Bond and Performance, Payment and Warranty Bonds Bid bond and g,erformance, payment and warranty bonds are NOT REQUIRED on this project. Contractor insurance certificates as noted in section 5 of the General Conditions must be provided before a notice to proceed is issued. 15) Insurance Amounts The Contractor's General Public Liability and Property Damage Insurance including vehicle coverage shall be issued to the CONTRACTOR, protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS whether such operations be by himself or by any subcontractor under him, or anyone directly or subcontractor under indirectly employed by the CONTRACTOR or by him. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $1,000,000 for all property damage sustained by any one person in any one f aggregfor anyimit suchof damagellity sustainedot byless two oran more, persons in aggregate,000 Y any one accident. 16) Measurement and Payment Units of constructand/or d and noted inithefor s BIDSCHd d in CONSTRUCTION SPECIFICATIONSSCHEDULE. SPECIAL-PAGE 9 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS i • MEMORANDUM TO: Don DeFord, County Attorney FROM: Andrew McGregor, Planner DATE: January 7, 1992 RE: Greenwald v. Axthelm The property described in this action is located adjacent to the proposed Lazy Diamond A. This property was originally included in the application until it was disclosed that this property was subject to disputed ownership. Subsequently, it was withdrawn from the application. As [ believe we have discussed in the past, with the applicants, any modification to the existing approved prelimi nary plan will require a new preliminary plan hearing as prescribed in Section 4: Preliminary Plans of the Garfield County Subdivision Regulations. This would include the addition of the disputed property into the subdivision boundaries. Even if roads and utilities were extended to the property, which remained outside the subdivision boundaries, this would require modification of the preliminary plan. In summary, any inclusion of the disputed property will require the Axthelms to go through the preliminary plan process.