HomeMy WebLinkAbout1.04 Subdivision Improvements AgreementRECORDED AT Icy
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Fi COUNTY CLERK
MILDRE�D ALSOOR AY � Z9
• BOOK 831 PAGE374
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of
May , 1992, between C. E. AXTHELM CO. and E. R.
AXTHELM CO. (hereinafter referred to as "Axthelm"), and BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter referred to as the
"County").
WITNESSETH:
WHEREAS, Axthelm is the owner and developer of certain real property located in
Garfield County, Colorado, described on Exhibit A attached hereto and made a part hereof and
more particularly described on the final plat for the Lazy Diamond A Subdivision, which real
property is hereinafter referred to as "Lazy Diamond A"; and
WHEREAS, as a condition of approval of the aforesaid final plat (hereinafter referred to
as the "Plat") for Lazy Diamond A, Axthelm agrees to enter into this Subdivision Improvements
Agreement (hereinafter referred to as "Agreement") with the County; and
WHEREAS, Axthelm has heretofore completed most of the subdivision improvements
required or has made adequate provision for the completion of same; and
WHEREAS, the County has required and Axthelm has agreed to complete certain public
improvements as set forth on Exhibit B attached hereto and made a part hereof;
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
1. AXTHELM'S PERFORMANCE. Axthelm has constructed and installed or
will cause to be constructed and installed, at its sole expense, those improvements set forth on
Exhibit B attached hereto and made a part hereof. The improvements identified on Exhibit B will
be completed by on or before August 15 , 1992, in
compliance with the following:
a. All Plat documents submitted prior to or at the time of final plat
approval.
b. All laws of the United States, the State of Colorado, the County of
Garfield and its various agencies and affected special districts.
c. Such other designs, drawings, maps, specifications, sketches and
other materials submitted to and approved by any of the above stated governmental
entities.
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
• • BOOK 831 1,0E375
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 91-044adopted
by the County on May 6, 1991.
2. SECURITY FOR IMPROVEMENTS.
a. Contemporaneously with the execution of this document, the
County has approved the Plat; however, said Plat shall not be recorded until the completion of
the items on Exhibit B as evidenced by a registered engineer's and/or utility company's certificate
of completion and the furnishing of "as built" drawings. Such certification shall certify that the
improvements have been constructed in accordance with the requirements of this Agreement and
any exhibits attached hereto and incorporated Ivr7 nand shall be stamped by a professional
engineer; provided, however, that the County ii ay --inspect said improvements and submit a
notice of deficiencies as set forth in paragraph 2.b below.
b. If the County determines that the improvements are not constructed
in compliance with the specifications therefor, it shall furnish a letter of potential deficiencies to
Axthelm within thirty (30) days from the date certification is received by the County that all
public improvements set forth on Exhibit B have been completed. If said letter is not furnished
within said thirty (30) days, all improvements shall be deemed accepted. Acceptance of
improvements shall not be unreasonably withheld by the County. Axthelrn has furnished a
"Consent to Vacation of Final Plat" in connection herewith which "consent" may be recorded by
the County if such deficiencies are not corrected within a reasonable time.
c. Axthelm has paid the sum of $ 4 ,311 .80 to the County
for dust suppression work pursuant to Exhibit B. The County will deposit said sum in an
interest-bearing account and will pay one-half (1/2) of said amount to Axthlem upon certification
of dust suppression in 1992and the balance of said account, including interest, upon certification
of dust suppression in 1993.
3. SCHOOL IMPACT FEES. Axthelrn has paid the County Two Hundred
Dollars ($200.00) per lot for school impact fees.
4. APPROVAL OF PLAT. The County has approved the Plat subject to the
terms and conditions of this Agreement.
5. QUIT CLAIM DEED FOR WATER RIGHTS. Axthelm shall quit claim water
rights to the Lazy Diamond A Subdivision 1lomeowners Association in the form of the deed
attached hereto as Exhibit C and made a part hereof at the time of recording of the Plat.
6. INDEMNITY. To the extent allowed by law, Axthelrn agrees to indemnify
and hold harmless the County for claims which may arise as a result of Axthelm's installation
of improvements pursuant to this Agreement. However, Axthelrn does not indemnify the
County for claims made asserting that standards imposed by the County on Axthelm are
improper or the cause of the injury asserted. The County shall be required to notify Axthelm
-2-
• •
BOOK 831 PGGE376
of receipt of a notice of claim or notice of intent to sue and shall afford Axthelm the option of
defending any such claim or action. Failure to notify and provide such option to Axthelm shall
extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted
to require Axthelm to indemnify the County for claims which may arise from the negligent acts
or omissions of the County.
7. ROADS. Roads within the Lazy Diamond A Subdivision shall be public
roadways. Approval and acceptance of roads within the Lazy Diamond A Subdivision shall not
designate such roads as County roads.
8. WATER SERVICE OUTSIDE DEVELOPMENT. The Plat contains
residential lots 1 through 12 and the approved plan of augmentation provides for 13 residential
lots. Axthelm has agreed to provide water service to a 4.0 acre parcel adjoining the Lazy
Diamond A Subdivision on the east under the same terms and conditions as water is provided
to the lots within the Lazy Diamond A Subdivision, provided that the owner of the outside area
will pay the cost of extension of service. The Board of County Commissioners herein agrees that
it has no objection to the provision of service to said parcel outside the subdivision so long as
such is approved by the Homeowners Association at such time as the plan of augmentation is
modified.
9. 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 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 any separate
recorded instrument.
10. CONSENT TO VACATE FINAL PLAT. in the event Axthelm fails to
comply with the terms of this Agreement, the County shall have the ability to vacate the 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 the 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.
11. APPROVAL OF PLAT. The County agrees to approval of the Plat subject
to the terms and conditions of this Agreement.
12. AMENDMENT. This Agreement may be amended from time to time,
provided that such amendment be in writing and signed by the parties hereto.
13. BINDING EFFECT. This Agreement shall be a covenant running with the
title to each lot within the Lazy Diamond A Subdivision and the rights and obligations as
contained herein shall be binding upon and inure to the benefit of Axthelm, its successors and
assigns.
3
• 1
BOOK 831 rME377
IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and
year first written above.
Attest:
c2r/ja_dA__e_4
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Clerk to the Boar,
C. E. AXTHELM CO.
By C -c
E. R. AXTHELM CO.
By 6-6:1'4)Z SC—) i
4
•
EXHIBIT A
BOOK 831 PAGE 377A
That the undersigned C.E. Axthelm Co. & E.R. Axthelm Co. are the owners of that
real property situated in the County of Garfield, State of Colorado, and being a part
of S1/2 SW1/4 of Section 3, and NW1/4 NW1/4 of Section 10, Township 7 South, Range
89 West of the 6th Principal Meridian as shown on the accompanying plat, said real
property being more particularly described as follows:
Beginning at a point on the East R.O.W. line of County Road tIo. 117 (Fourmlle
Road), whence the brass cap found In place marking the corner of sections 3,4,9 and
10 of sold Township and Range bears S 42'30'47" W 1744.42 feet, said point being
the True Point of Beginning; thence S 89'58'15" E 1457.39 feet to a point on the
east line of the SW1/4 of said Section 3; thence S 00'33'35" E 477.66 feet along
said east line of the SW1/4 of sold Section 3; thence departing from said east line
of the SW1/4 of Section 3, S 20'56'25" W 57.39 feet; thence S 5978'25" W
214.60 feet; thence S 68'53'25" W 169.00 feet; thence S 4717'25" W 149.70
feet; thence S 51'32'25" W 136.80 feet; thence S 30'24'25" W 188.15 feet;
thence S 19'27'25" W 109.17 feet; thence S 00'55'35" E 137.79 feet to a point
on the section line common to Sections 3 and 10; thence along said section line
N 89'49'05" W 607.25 feet to the NE corner of the NW1 /4 NW1/4 of said Section 10;
thence S 00'26'07" E 1360.17 feet along the east line of NW1/4 NW1/4 of Section
3 to the SE corner of said NWI/4 NW1/4; thence along the south line of said NW1/4
NW1/4 of Section 3, S 89'07'51 W 1239.52 feet to a point on the east R.O.W. line
of County Road No. 117; thence along said east R.O.W. line the following courses:
N 03'35'34" W 37.23 feet; thence 105.03 feet along the arc of a curve to the
right having a radius of 117.61 feet, the chord of which bears N 21'59'26 E 101.57
feet distant; thence N 47'34'26" E 216.56 feet; thence 194.23 feet along the arc
of curve to the left having a radius of 378.60 feet, the chord of which bears N
32'52'39" E 192.10 feet distant; thence N 1810'52" E 607.55 feet; tience
N 20'46'21" E 577.96 feet; thence N 23'25'16" E 588.48 feet; thence N
12'58'10" E 408.81 feet; thence 185.88 feet along the arc of a curve to the right
having a radius of 758.60 feet, the chord of which bears N 19'59'21" E 185.42 feet
distant, to the True Point of Beginning, containing 68.19 acres more or less.
s
EXHIBIT B
Lazy Diamond A Subdivision
Cost to construct and Install
roads, water lines, gravel,water treatment
facilities and associates connections
Cost for trenching and road crossings
for gas lines, electric lines and electric
vaults
•
BnfK 831 mE378
$216,335.50
$23,620.
Cost to construct and erect 70,000
gallon water tank $35,000.
Dust control treatment, subdivision
roads & Dry Park Road as it adjoins
subdivision $4,310.
Cost for Electric materials and connections Prepaid
Cost for Natural gas materials and connections Prepaid
APPROVED:
Jerome FGamba & Associates
`/ ,41 A. -z1 / z
Date
1 •
RECORDED AT 9"a D"CLOCK,i .M. SEP 2 1 1g93
REC k 452695 MILDRED ALJOORF, COUNTY CLERIr,w0876...�,.041
ACKNOWLEDGEMENT OF SATISFACTION l J / o
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, C.E. Axthelm Co. and E.R. Axthelm Co. (hereinafter Axthelm), entered
into a Subdivision Improvements Agreement with the Board of County Commissioners of
Garfield County, Colorado, (herinafter "Board") dated May 11, 1992, recorded in Book 831,
at Page 374 as Reception No. 434653 of the Garfield County records on May 12, 1992, for the
improvement of the Lazy Diamond A Subdivision; and
WHEREAS, Axthelm has requested the release of $2,312.98, based on a statement from
Garco Corporation that the dust suppression work required was completed for 1993 as
required.
NOW THEREFORE, at the request of Axthelm and in consideration of the premises
and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision
Improvements Agreement entered into by Axthelm and the Board for the Lazy Diamond A
Subdivision, and releases security in the amount of $2,312.98.
By -
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD
etc -•••-e'/
Chairman
The foregoing instrument was acknowledge before me on this 20th day of
September, 1993 by Elmer (Buckey) Atbaney as Chairman of the Board of County
Commissioners of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires /irh
Gar field County Clerk
TO:
FROM:
DATE:
COLDWELL BANKER
THE GLENWOOD BROKERS
945-6000
1416 Grand Avenue
Glenwood Springs, CO 81601
TELECOPIER 303-945-5217
Mark Bean, Garfield County, Planning & Zoning
PAT FITZGERALD
September 17, 1993
SUBJECT: Lazy Diamond A Subdivision
Attached is an invoice from GMCO for the second annual Magnesium
Chloride treatment on the roads at Lazy Diamond A and the adjoining
portion of Dry Park Road.
This is the last outstanding item on the
agreement. The county is holding a cash
Could you arrange to issue a check to
$1.225.86 and a check for the balance to
Partnership.
subdivision improvement
bond to pay this item.
GMCO in the amount of
the C.E. & E.R. Axthelm
Also, we would appreciate it if you could have a release of the
subdivision improvement agreement prepared so that we might record
it.
Thanks in advance for your assistance.
AUG 31 '93 12:14 GMCO/RFPt:FS G
GMCO CORPORATION
"Paving & Light -Heavy Construction"
P.O. Box 1220
Carbondale, Colorado 81623
(303) 963.1110
To:
LARRY AXTHELM
LAZY DIAMOND A SUBDIVISION
ATTN: PAT FITZGERALD
FAX NO: 945-5217,
For Job: 93220
MISC.
31 AUG 1993 5748
Page: 1
F.1
PHASE DESCRIPTION CONTRACT ACTT QUANTITY RATE UNIT GROSS AMOUNT
• 1 MAGNESIUM CHLORIDE 0.00 2,520.00 0.45 / GALLON 1,134.00
08/27/93
1 WATER TRUCK 0,00 1.00 55.00 / HOUR 55.00
Invoice Summary
TERMS: NET 30 DAYS
-- Invoice Totals
Grose 1,169.00
Retention 0.00
Tax 1 34.02
Tax 2 2.84
TOTAL DUE 1,225.86
• lines are taxable
SEF 23 '92 14:25 Gt1'IO & R hIG FOR: AGGREGATES
GMCO CORPORATION
"Paving & Light -Heavy Construction'.
P.O. Box 1220
Garbondale, Colorado 61623
(303) 963-1110
To:
LARRY AKTHELM
LAZY DIAMOND A SUBDIVISION
ATTN: PAT FITZGERALD
FAX NO: 945-5217,
For Job: 92200
RISC
23 SEF 1992 5240
Page: 1
P.1
PHASE DESCRIPTION CONTRACT ANT QUANTITY RATE UNIT GROSS AMOUNT
N1 MAGNESIUM CHLORIDE
HOME PLACE ROAD
41 MAGNESIUM CHLORIDE
RANCH LAME
41 MAGNESIUM CHLORIDE
PORTION OF DRY PARK
ROAD ADJOINING
SUBDIVISION
Invoice Summary
TERNS1 RET 30 DAYS
0.00 2,255.00
0.00 709.90
0.08 1.338.00
0.45 / GALLON
8.45 / GALLON
0.45 / GALLON
1,014.75
319.05
6!12.10
Invoice Totals
Gross 1,933.90
Retention 0.00
Tax 1 38.07
Tax 2 4.83
TOTAL DUE 1,994.112
w lines are taxable
•
A MEMBER OF THE SEARS FINANCIAL NETWORK
COwWe.u.
BANKCR 0
P 2 ; 1992
THE GLENWOOD
BROKERS, LTD.
COLDWELL BANKER
THE GLENWOOD BROKERS
945-6000
1416 Grand Avenue
Glenwood Springs, CO 81601
TELECOPIER 303-945-5217
1416 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
BUS. (303) 945-6000
FAX (303) 945-5217
TO: Mark Bean, Garfield County Planning Dept
FROM: PAT FITZGERALD
DATE: September 23, 1992
SUBJECT: Dust Suppression, Lazy Diamond A Subdivision
Enclosed find a bill from GMCO for application of Magnesium
Chloride dust suppression for the above project. Please have the
county road supervision verify application is acceptable and then
remit a check from escrowed funds directly to GMCO. You will note
that their bill is less than original estimate as a water truck was
not necessary as a heavy rain had fallen the day before
application.
Also, could you have the county building department assign street
address as we are nearing completion of the first residence.
Thanks for your assistance.
An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc.
oz -t1 <) A
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
June 9, 1992
Colorado Department of Health
Water Quality Control Division
Drinking Water Program
4210 E. l l th Avenue
Denver, CO 80220
RE: Request for Review of Drawings and Specification by the Colorado Department of
Health Pertaining to Potable Water Supply Facilities.
Lazy Diamond A Subdivision
Garfield County does not have a Health Department Sanitarian or Engineer to review the plans
and specifications for a potable water supply facility. The County is aware of the enclosed
proposed potable water supply facility and has approved the subdivision contingent upon the
State Health Department approving the technical aspects of the proposed water system.
If you have any questions about the content of this letter, feel free to call or write to this office,
at your convenience.
Sincerely,
Mark L. Bean, Director
Regulatory Offices and Personnel
M LB/rlb
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
A MFMBFP Or THF SE Anq FINA,JrIAl NET WORM
K Li
E AUG 0 5 1992
GARFIELD cOuN-rY
THE GLENWOOD
BROKERS, LTD.
COLDWELL BANKER
THE GLENWOOD BROKERS
945-6000
1416 Grand Ave
Glenwood Springs, CO 81601
Telecopier # 303-945-5217
1416 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
BUS. (303) 945-6000
FAX (303) 945-5217
TO: Don DeFord, County Attorney & Mark Bean, Planning
Director
FROM: PAT FITZGERALD
DATE: August 5, 1992
SUBJECT: Water Tank, Lazy Diamond A Subdivision
Pursuant to our conversation today:
1. The water tank constructed at the subdivision is a 70,000
gallon tank. Jack Jones asked Larry Axthelm what size the
tank was and Larry told him 60,000 in error. I have checked
this figure with Jerry Gamba and he confirms it -- you are
welcome to call him.
2. The subcontractor responsible for painting the tank is on
the job site. He is presently sand blasting the tank and
will then paint it. We anticipate, weather permitting, that
the painting will be complete by a week from this Friday.
We will then turn water into the tank.
3. Once the tank is full we will have M & M Construction
conduct pressure and leak tests under the supervision of
Jerome Gamba and Associates. Once the system has passed
inspection we will contact the fire department for testing
of hydrants and flow, etc.
Please contact me if you need any further information.
agent for o
An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc.
•
ACKNOWLEDGEMENT OF PARTIAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, C.E. Axthelm Co. and E.R. Axthelm Co. (hereinafter Axthelm), entered
into a Subdivision Improvements Agreement with the Board of County Commissionrs of
Garfield County, Colorado, (herinafter "Board") dated May 11, 1992, recorded in Book 831,
at Page 374 as Reception No. 434653 of the Garfield County records on May 12, 1992, for the
improvement of the Lazy Diamond A Subdivision; and
WHEREAS, Axthelm has requested the release of $1,998.82, based on a statement from
Garco Corporation and confimation of County Road Supervisor that the dust suppression
work required was completed for 1992 as required.
NOW THEREFORE, at the request of Axthelm and in consideration of the premised
and prior agreements, the Board hereby acknowledges the partial satisfaction of the
Subdivision Improvements Agreement entered into by Axthelm and the Board for the Lazy
Diamond A Subdivision, and releases security in the amount of $1,998.82.
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
Chairman
Chairman
ft
The foregoing instrument was acknowledge before me on this day of
Cele ie,e , 1992, by Arnold Mackley, as Chairman of the Board of County
Commissioners of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires / - / 0 -96-
Garfield County Clerk
• •
A MEMBER OF THE SEARS FINANCIAL NETWORK
CO
BANKeR 0
THE GLENWOOD
BROKERS, LTD.
COLDWELL BANKER
THE GLENWOOD BROKERS
945-6000
1416 Grand Ave
Glenwood Springs, CO 81601
Telecopier # 303-945-5217
1416 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
BUS .(303)945-6000
FAX (303) 945-5217
TO: Don DeFord, County Attorney & Mark Bean, Planning
Director
FROM: PAT FITZGERALD
DATE: August 5, 1992
SUBJECT: Water Tank, Lazy Diamond A Subdivision
Pursuant to our conversation today:
1. The water tank constructed at the subdivision is a 70,000
gallon tank. Jack Jones asked Larry Axthelm what size the
tank was and Larry told him 60,000 in error. I have checked
this figure with Jerry Gamba and he confirms it -- you are
welcome to call him.
2. The subcontractor responsible for painting the tank is on
the job site. He is presently sand blasting the tank and
will then paint it. We anticipate, weather permitting, that
the painting will be complete by a week from this Friday.
We will then turn water into the tank.
3. Once the tank is full we will have M & M Construction
conduct pressure and leak tests under the supervision of
Jerome Gamba and Associates. Once the system has passed
inspection we will contact the fire department for testing
of hydrants and flow, etc.
Please contact me if you need any further information.
agent for owne
An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc.
A MEMBER OF THE SEARS FINANCIAL NETWORK
wwWet.t.
BANKGR D
THE GLENWOOD
BROKERS, LTD.
,1 /,--ce
/L9
1416 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601
BUS (303) 945-6000
FAX (303) 945-5217
/V.0 a2 /SEA) //4 F. s ,L°esr/ �
'9`, /.g77401.).Edi i!� ewipy .,'lam , (i,z/A/2y
/v ,
/O/797
An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc.
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
P.O. BOX 4808
PAGOSA SPRINGS, COLORADO 81157
PHONE: (303) 731-5743
APPLICATION FOR FINAL PAYMENT
TO: LAZY DIAMOND A SUBDIVISION
CONTRACTOR: INNOVATIVE IRONWORKS
KEN HULSLANER
0334 PONDEROSA DRIVE
GLENWOOD SPRINGS, COLORADO 81601
28 SEPTEMBER 1992
Enclosed is a request for final payment for the construction of the
water storage tank for the Lazy Diamond A Subdivision. The work of
this contract is now complete and I herewith recommend full payment
of this statement in the amount of $13,000.
EXHIBIT B
Lazy Diamond A Subdivision
Cost to construct and Install
roads, water lines, gravel,water treatment
facilities and associates connections
Cost for trenching and road crossings
for gas lines, electric lines and electric
vaults
$216,335.50
$23,620.
Cost to construct and erect 70,000
gallon water tank $35,000.
Dust control treatment, subdivision
roads & Dry Park Road as it adjoins
subdivision $4,310.
Cost for Electric materials and connections Prepaid
Cost for Natural gas materials and connections Prepaid