HomeMy WebLinkAbout1.0 ApplicationTO:
A4 /7G7 r, PiI err;
FROM: Arthur A. Abplanalp, Jr.
Garfield County Attorney
SUBJECT: Consideration of Final Plat Approval - iloR(?_ 1-S clAf
/Z i) t c-6,- B ee4
DATE: er 1979
This Office is of the understanding that you
expect to present, for the consideration of the Board
of County Commissioners of Garfield County, a proposed
Final Plat for the above-named subdivision 44
Vauw�� ( 9 $0 In order that the Board
of Commissioners may consider that Final Plat at the
scheduled time, it will be necessary that the following
associated materials be provided to the Garfield County
Planning Department no later than noon on Friday, the
//17,4. o f V -i' y /9)9i)
/ '/ Final Plat (original or print), executed by
all persons having an ownership or security
interest in the property affected by the plat,
and all County representatives except the
County Clerk and Recorder and the Chairman of
the Board of County Commissioners.
Subdivision Improvements Agreement, approved
by the County Attorney and executed by all per-
sons having an ownership interest in the pro-
perty affected by the Final Plat.
Promissory Note, in the amount of $ 764 65-6,‘'e;
together with a supporting deed of trust, in a
form approved by the County Attorney.
Evidence of mineral right ownership and notifi-
cation of Final Plat consideration to mineral
right owners who are not signatories of the
Final Plat
Title Insurance Commitment or Attorney's Opinion
evidencing marketable title in the signatory
owners, subject only to security interest holders
who are also signatories.
--tO %C/ 0t73 G.0 G✓,. i d. / o Z t'C.fr7"
Should you have any questions regarding the foregoing, please
contact either the Garfield County Planning Director, at
945-8212, or the Garfield County Attorney, at 945-9684.
EXHIBIT "A"
SUBDIVISION PUBLIC IMPROVEMENTS
The public improvements which the Subdivider is required to provide
the HORIZONS WEST Subdivision are as follows:
ITEM UNIT
1. STREET IMPROVEMENTS
Curb and Gutter, 6" Vertical
Curb, Gutter and Sidewalk (Combination)
Sidewalk (Separate) (Walkways, trails, etc.)
Asphalt and Aggregate Base Course (Combined)
Cut and Fill (Re -shaping)
Cross Pans
Street Signs
Survey or Monuments
Grading
2. SANITARY SEWER SYSTEM
Manhole (Depth in feet)
" Sewer Pipe
Service Lines (Size in inches)
3. STORM SEWER SYSTEM
Culvert Pipe (Specify type and size)
Drop Inlets (Type)
4. WATER DISTRIBUTION SYSTEM
PUMP SYSTEM AND TANK
" Storage Tank (Specify Type)
8"P.V.C.16Y Water Main (Specify Type)
" Gate Valve and Box
4 " Fire Hydrant with Valve
Fittings such as reducers, bends, trees, etc.
Asphalt Trench Resurfacing
Gravel Trench Resurfacing
" X " Steel Case Bore
Service Lines - Meter, etc.
Pressure Test
Treatment Equipment (Specify Type)
INSTALLMENT OF WATER LINES
5. ELECTRICITY DISTRIBUTION SYSTEM
biefA /Underground distribution to each lot
(voltage?) $730 per lot gas & elec.
Lin. Ft. ---
Lin. Ft. ---
Sq. Yd. ---
Sq. Yd. 18,064
Sq. Yd.
Lin. Ft. ---
No. of Inter- 2
sections
Each 14
Cu. Yd.
in
PROPOSED
COST
$87,000.00
19,000.00
100.00
1,400.00
Each
Lin Ft. --- Septic System
Lin. Ft.
Lin. Ft. 30"80'
Each 18"160'
Capacity
Lin. Ft. 5100
Each 3
Each 4
Each 11
Sq. Yd.
Sq. Yd.
Lin. Ft.
Each 20
Each
Capacity
Poles
Lin. Ft.
1,760.00
2,720.00
7,000.00
14,739.00
837.00
2,320.00
1,380.00
3,800.00•
10,000.00
14,600.00
• •
HORIZONS WEST
6. GAS DISTRIBUTION SYSTEM
" Gas Main
" Service Line
Lin. Ft.
Lin. Ft.
7. TELEPHONE SYSTEM
Overhead/Underground distribution to each lot Poles
Lin. Ft.
ESTIMATED COST - HORIZONS WEST
NOTE:
TOTAL $166,656.00
1) Going with underground utilities will eliminate Mountain Bell's
cost of installment of lines.
2) Gas and electric cost is an estimate from Don Currie.
3) Installment of water line is less because of the Prettis using their
own equipment.
• •
BLOCK B
LOT 1 $31,900
LOT 2 32,000
X LOT 3 31,900
LOT 4 30,500
BLOCK C
LOT 1 $33,500
X LOT 2 35,900
LOT 3 36,800
LOT 4 32,700
x LOT 5 32,500
LOT 6 33,800
LOT 7 33,600
k LOT 8 30,300
LOT 9 29,900
BLOCK A
LOT 1 $32,700
LOT 2 33,600
BLOT 3 69,900 SOLD
XLOT 4 33,500
LOT 5 34,300
LOT 6 35,000
LOT 7 33,000
X LOT 8 30,300
$727,600
16G) G SG
)gy)oca
HORIZONS WEST
$'1,6••
4,••0
3 ,'00
31,800
3',600
3 900
1,700
8, 00
28.0.0
0.8'0
0
D
31 600
3 ,400
00
1, 00
8,400
$689,600
Lot 5 I v\ r p w -
V \.
BOOK 544 PA1,3E8UG
UN- 5 1900
Recept ty'ildreci Airdorf, Recorder
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this (>J57'
/
clay of .i e'/-24t_.S-ze , 19 3t' , between Robert E. Pretti
and Dorothy G. Petti, as General Partners of Horizons West, Ltd.
a.LimitedPartnership,hereinafter called the "Subdividers"
and the Board of County Commissioners of Garfield County,
hereinafter called the "County".
W I T N E S S E T H:
WHEREAS, the Subdividers, as a condition of approval
of the final plat of Horizons West Subdivision wish to enter
into a Subdivision Improvements Agreement as provided for
by Section 30-28-137, C.R.S. 1973, as amended and Section
3.10.01 of the Garfield County Subdivision Regulations; and
WHEREAS, pursuant to the same authority, the Subdivi-
ders are obligated to provide security or collateral sufficient
in the judgment of .the County to make reasonable. provision
for completion of certain public improvements set forth on Fxh.its
"A and "L" attached hereto and incorporated herein; and
WHEREAS, the Subdividers wish to provide collateral
to guarantee performance of this Agreement including construc-
tion of the above -referenced public improvements, by means
of two promissory notes and first deeds of trust on lots herein-
after designated;
NOW, THEREFORE, in consideration of the following mutual
covenants and agreements, the Subdividers and the County agree
as follows:
I. The Subdividers agree to the construction and instal-
lation, at their sole expense, of all those public improvements
as set forth in Exhibit "A" and "B" attached hereto.
2. The Subdividers agree that all of those certain
public improvements to be completed as identified on Exhibit
"A" shall be constructed by 1 November 1980, in compliance
with the following:
WJJK 544 °gGE8O7
(a) All Final Plat and other documents submitted
prior to and approved by the County at the
time of final plat approval.
(b) All laws of the United States,"State of
Colorado, Garfield County, and its various
agencies, affected special districts, and/or
servicing authorities.
(c) Such other designs, drawings, maps, speci-
fications, sketches, and other ymatters
submitted to•and approved by an
he
above -stated governmental entities.
3. The subdividers agree that all of those certain
public improvements to be completed as identified on Exhibit
"B" shall be constructed by November 1st, 1981, in compliance
with the following:
(a) All Final Plat and other
hy documents
uslmed
prior to and approvedbyheCountyat the
time of final plat approval.
(b) All laws of the United States, State of
Colorado, Garfield County, and its various
agencies, affected special districts, and/or
servicing authorities. •
(c) Such other designs, drawings, maps, speci-
fications, sketches, and other matter
submitted '._ o and' approved by any of the
above -stated governmental entities.
4. To secure and guarantee perfozAnance of its obliga-
tions as set north herein, the Subdividers agree to provide
security and collateral in the forth of:.
Promissory notes in tl amount of $1.72,156.00
for the improvements set forth on Exhibit "A"
and $184,829.00 for the improvements set forth
on Exhibit "B" together with first deeds of
trust on lands described as follows:
$172,156.00 Note: Lots 4 and 8 in Block A;
Lot 3 in Block B; Lots 2, 5, and 8 in Block C.
$184,829.00 Note: Lots 11, 13, and 15 in Block A;
Lots 1 and 8 in Block D; Lot 13 in. Block E.
Horizons West Subdivision.
5. It is further mutually agreed that pursuant to the
provision of Section 30-28-137(2) C.R.S. 1973, as amended,
that as improvements are completed, or upon substitution of
a certificate of deposit, payable to the county of Garfield,
State of Colorado, in an amount of $29,500.00 with the Board
for each lot whose release is requested, the Subdividers may
apply to the Board of County Commissioners for a release or
substitution of part or all of the collateral deposited
BOOK 544 NGESUS
with said Board. It is agreed, however, that upon the Subdi-
viders' first request for release or substitution, the amount
of $5,500.00 shall be paid to the Board as the dedication for
schools and parks, without which payment, no release shall
occur, and the required certificate of deposit shall then be
in the amount of $24,000.'00 for the release of deed of trust
affecting the first lot to be released. Upon inspection and
approval of all improvements, the Board shall release said
collateral. If the Board determines that any of such improve-
ments are not constructed in substantial compliance with speci-
fications, it shall furnish the Subdivider a list of specific
deficiencies and shall be entitled to withhold collateral
sufficient to insure such substantial compliance. If the
Board of County Commissioners determines that the Subdividers
will not construct any or all of the improvements in accor-
dance with all of the. specifications, the Board of County
Commissioners may proceed to collect upon such notes, through
foreclosure or otherwise, and may withdraw and employ from
the proceeds of such collateral such funds as may be necessary
to construct the improvement in accordance with the specifi-
cations.
6. It is further mutually agreed that upon the
completion of the improvements set forth on Exhibit "A" in
substantial compliance with specifications that the Subdi-
viders shall be entitled to a release of collateral for said
.improvements.- Upon the completion of the improvements set
forth on Exhibit "B" in substantial compliance with specifi-
cations the Subdividers shall be entitled to a release of
collateral for said improvements.
7. The Subdividers agree to provide the County with
a title insurance commitment at time of final platting
evidencing that fee simple title of all lands in the sub-
division is vested totally in the Subdividers free of any
and all liens and encumbrances other than those whose holders
-3-
t
�.De•uty•
;� l
Vii •,•
are signatories of the final plat.
8. The County agrees to the approval
plat of Horizons West Subdivision
conditions of this
9. Parties
40gK 544 PAGESO9
of the final
subject to the terms
and
Agreement .
hereto mutually agree that this Agreement
may be amended from time to time provided that such amend-
•
ment be in writing and signed by all parties hereto.
IN WITNESS WHEREOF, the parties
have hereunto
their hands and seals the day and year first written
Jab
(,, Ali
'i,
set
above.
STATE OF COLORADO, COUNTY OF
GARFIELD
j
,`•
tCt J�.YLl j
t () n1b`l
e) Board
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
B y f:/7-Pj v
Chairman, Board off/County
Commissioners o arfield /
County
HORIZONS WEST , LTD . , A L inited Partner -
By j , ship
Hobert E'. Pretti, General Partner
By:
Dorothy
1- / 714
Prett i. , General Partner
The foregoing Subdivision Improvements Agreement was
aa�oik.YibPinegged before me this 5774 day of Mi9/'Cii- , 19 01"--0
.,`' yt•u 'i;c,'Itehz." r tioL�cY , Chairman, Board of County Commissioners
�qf" �. GarfAr County, Colorado
` - Witvne s my hand and official 'seal.
�S6 F
•� • `� y A(7—"'''c' /9 (P°o
- �•.,
PUB' MX.�Gmmission expires 2
�•.,,,��
OF c.° /
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
Notary PublA-c
The foregoing Subdivision ImprovemMnts Agreement was
asknowledged before me this cam) j-'v`'� day of ;c.4-zcc_e•-c-c�� , 190 ,
by Robert E. Pretti and Dorothy G. Pretti,as Generial Partners
of Horizons West, Ltd., a Limited Partnership.
Witness my hand and official seal.
iii;111Htxl.i: — a
JrJJJi 1
/ 7
J
5'A
Notary Public
•
•
B00K- .5 4 PAGE8_1O
EXHIBIT "A"
SUBDIVISION PUBLIC IMPROVEMENTS
The public improvements which the Subdivider is required to
the HORIZONS WEST 'Subdivision are as follows:
• ITEM
1. STREET IMPROVEMENTS
Curb and Gutter, 6" Vertical
Curb, Gutter and Sidewalk (Combination)
Sidei•'alk (Separate) (Walkways, trails, etc
Asphalt and Aggregate Base Course (Combine
Cut and Fill (Re -shaping)
Cross Pans
Street Signs
Survey or. Monuments
Grading
2. SANITARY SEWER SYSTEM
Manhole (Depth in feet)
" Sewer Pipe
• Service Lines (Size iii.. inches)
3. STORM SEWER SYSTEM
Culvert Pipe (Speci;y type and size)
• Drop Inlets (Type)
4. WATER DISTRIBUTION SYSTEM
PIMP SYSTEM AND TANK .
• " Storage Tank (Specify Type)
7B"P.V.C.16.0' Water Main (Specify Type)
__ " Gate Valve and Box
" Fire Hydrant with Valve
Fittings such as reducers, bends, trees, etc.
Asphalt Trench Resurfacing
Gravel Trench Resurfacing
X " Steel Case Bore
Service Lines - Meter, etc.
Pressure Test
Treatment Equipment (Specify Type)
INSTALLMENT OF WATER LINES
5. ELECTRICITY DISTRIBUTION SYSTEM
A4ai}WO Underground distribution to each lot
(voltage?) $730 per lot gas & elec.
6. GAS DISTRIBUTION.SYSTEM
" Gas Main
". Service Line
7. TELEPHONE SYSTEM
' Overhead/Underground distribution to each lot
.)
d)
ESTIMATED COST - HORIZONS WEST
SCHOOLS AND PARKS FEE
TOTAL COST AND FEE ---
UNIT
provide
in
PROPOSED
• COST
Lin. Ft. ---
Lin. Ft.
Sq. Yd. ---
Sq. Yd. 18,064
Sq. Yd.
Lin. Ft. --•
-
No. of Inter- 2
sections
' Each 14
Cu. Yd:
$87,000.00
19,000.00
100.00
1,400.00
Each
Lin Ft. -- Septic System
Lin. Ft.
Lin. Ft. 30"80'
Each' 18"160'
Capacity
Lin. Ft. 5100
Each 3
Each • 4
Each 11
Sq. Yd.
Sq. },a.
Lin. Ft.
1,760.CC-
2,720.00
7,000.00
14,739.00
837.00
2,320.00
1,380.00
Each 20 3,800.00.
Each
Capacity
Poles
Lin. Ft.
Lin. Ft.
Lin. Ft.
Poles
Lin. Ft,
TOTAL
10,000.00
14,600.00
$166,656.00
5,500.00
Ti 72 , �. t;:.
BOOK. 544 F E8Ii_
EXHIBIT "P"
SUBDIVISION PUBLIC IMPROVEMENTS
The public improvements which the Subdivider is required to
the HORIZONS WEST PHASE IT
---------- Subdivision are as follows:
ITEM
1. STREET IMPROVEMENTS
Curb and Gutter, 6" Vertical
Curb, Gutter and Sidewalk (Combination)
Sidewalk (Separate) (Walkways, trails, etc.)
Asphalt and Aggregate Base Course (Combined)
Cut and Fill (Re -shaping)
Cross Pans
Street Signs
Survey or Monuments
Grading
2. SANITARY SEWER SYSTEM
Manhole (Depth in feet)
" Sewer Pipe -
Service Lines (Size in inches)
3. STORM SEWER SYSTEM
Culvert Pipe (Specify type and size)
Drop Inlets (Type)
. WATER DISTRIBUTION SYSTEM
TANK SYSTEM
" Storage Tank (Specify Type)
8"P.V.C.160' Water Main (Specify Type)
" Gate Valve and Box
Fire Hydrant with Valve
Fittings such as reducers, bends, trees, etc.
Asphalt Trench Resurfacing
Gravel Trench Resurfacing
------, " X __________ " Steel Case Bore
Service Lines - Meter, etc.
Pressure Test
Treatment Equipment (Specify Type)
ELECTRICITY DISTRIBUTION SYSTEM
LX,W9Underground distribution to each lot
(voltage?) $730 per lot gas & elec.
G. • AS DISTRIBUTION SYSTEM .
" Gas tla i n
Service Line
7. TELEPHONE SYSTEM
Overhead/Underground distribution to each lot
ESTIMATED COST - HORIZONS WEST - PHASE II
UNIT
provide in
Lin. Ft. .
Lin. Ft.
Sq. Yd.
Sq. Yd. 18,064
Sq. Yd.
Lin. Ft.
No. of Inter-
sections
Each
Cu. Yd.
PROPOSED
COST
• CORN
CONSTRUCTION
TOTAL $129,350.00
Each
Loiz Ft. - - Septic System
Lin. Ft.
Lin. FL.
Lach
Capacity
Lin. Ft.. 6100
Each 4
Each 4
Each 11
Sq. Yd.
Sq. Yd.
Lin. Ft.
Each 25
Each
Capacity
Pole
Lin. Ft.
Lin. Ft.
Lin. Ft.
Poles
Lin. Ft.
TOTAL
$2,650.00
$9,653.00
$16,839.00
1,037.00
2,320.00
1,380.00
4,300.00 .
17,300.00
$184,829.00
JOHN D. MUSICK, JR.
STEPHEN T. WILLIAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN L. PATRICK
JAMES S. LOCHHEAD
ROBERT W. WIGINOTON
RICHARD M. FOSTER, JR.
-� • 1
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P. C.
ATTORNEYS AT LAW
January 28, 1980
Glenwood Springs
Mr. Lee D. Merkel
Planning Director, City of Rifle
P. 0. Box 1908
Rifle, CO 81650
75 MANHATTAN ORIVE
P. O. BOX 4579
BOULDER, COLORADO 60306
TELEPHONE (303) 499-3990
(COLO) 1-800 332-2140
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENW000 SPRINGS, COLORADO 81601
TELEPHONE (303) 945-2261
(COLO) 1-800 332-6955
Re: Horizons West; Bifurcated Water Systems Agreement
Dear Lee:
In response to your request that we outline an agreement which we
are pursuing with the developers of Horizons West for use at the Planning
Commission meeting on January 30, I submit this letter.
The developers of Horizons West have indicated a desire to utilize a
bifurcated water supply system for the proposed 55 large acre lots. This
system would provide treated water for in-house use only and raw water
for irrigation. In this respect, I have rnet on several occasions to arrive
at compatible terms with the developer's attorney Bob Slentz. At last
conversation, the developers agreed to the final remaining terms requested
by me on behalf of the City.
The Agreement's terms are essentially as follows:
1. A dedication of sufficient water rights pursuant to the
Water Rights Dedication Ordinance to meet the in-house demands of
the development.
2. A conveyance of the remaining water rights of the
developer to the City with a lease -back of those water rights (at a
nominal rental) to a homeowners association.
3. Provisions for the termination of lease rights to all or a
portion of the water rights used for irrigation for non-use by the
homeowners association.
4. Maintenance of all ditches by the homeowners association.
•MUSICK, WILLIAMSON, SJARTZ,
LEAVENWORTH & COPE, P. C.
Mr. Lee D. Merkel
January 28, 1980
Page 2
5. Installation of a measuring device at the headgate of a
common lateral ditch which has historically supplied the Prettis and
the Lathams with irrigation water and the piping of the Lathams'
historical supply.
6. Covenants not to dry up to protect the Combs' historical
drainage water supply.
7. Piping and covering of irrigation ditches twenty (20) feet
on either side of a public road and through common areas. A partial
waiver of such may be allowed for economic impracticality if the
ditch through the proposed common area is in excess of 4 ire in
width and is a runoff/waste water collection ditch.
8. Surcharge provisions if treated water usage exceeds
reasonable in-house requirements.
9. Liability hold-harmless/insurance coverage provisions for
the benefit of the City in case of personal injury occasioned by
irrigation ditch use.
It is my belief that an agreement secured along the aforementioned
terms will benefit both the City and the developer. Moreover, the
encouragement to utilize raw water for irrigation will assist the City's
goals of discouraging treated water use for lawn and garden irrigation.
Please do not hesitate to call me if you or the Planning Commission
have any questions regarding this matter.
Very truly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P. C.
• LL -J
By Ce -L-1
41.4
Kevin L. Patrick
KLP/j
cc: Mr. Daniel W. Deppe, City Manager
Stephen L. Carter, Esq. , City Attorney