HomeMy WebLinkAbout1.0 Application1
October 2, 1978
•
SUN DESIGNS
ARCHITECTS, PLANNERS, AND SOLAR CONSULTANTS
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado 81601
REF: APPLICATION FOR REZONING AS A PLANNED UNIT DEVELOPMENT
PROPOSED LOS AMIGOS RANCH PUD
Gentlemen,
This Application for Rezoning is submitted pursuant to the
PLANNED UNIT DEVELOPMENT AMENDMENT TO THE GARFIELD COUNTY
ZONING RESOLUTION, as authorized by Article 6 of Chapter 106,
Colorado Revised Statutes of 1973.
This Application is for rezoning only - Applications for
Phased Subdivision Platting will follow at a later date.
Attached is our check in the amount of one hundred dollars
for the Rezoning Application review fee.
Sincerely,
S UNDE 'G
Dean K.
Enclosure:
DKM/cg
att -
Check
Architect
13151/2 Grand Avenue, Glenwood Springs, Colorado 81601, Telephone 303/945-5041
P.O. Box 3102 (1280 Ute Avenue), Aspen, Colorado 81611, Telephone 303/925-8884
•
September 29, 1978
•
SUN DESIGNS
ARCHITECTS, PLANNERS, AND SOLAR CONSULTANTS
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado 81601
REF: REQUEST FOR VARIANCE
PROPOSED LOS AMIGOS RANCH PUD
Gentlemen,
An Application for Rezoning as a Planned Unit Development is
presently being prepared for the above land and is scheduled
for submittal in the near future.
This is a request for variance from Section 14.08.05(5) of
the PUD Amendment to the Garfield Subdivision Regulations,
which requires as part of the submittal a site topographic
map indicating five foot contours.
We request that our current site topographic map indicating
forty foot contours be considered adequate for the following
reasons:
1. The Application is for rezoning only - subdivision
platting will follow at a later date.
2. The property is large in size and the proposed de-
velopment areas constitute about one half of the
total property. In addition to the expense of topo-
graphic surveying for non -development areas, the map
size sufficient to show five foot contours would be
in excess of eight feet long and therefore not an
efficient review or data tool.
3. Phased Subdivision Platting maps will indicate five
foot contours and be at a scale of at least one inch
equals two hundred feet. Aerial photography is to
be done this fall.
Your consideration of this matter is greatly appreciated.
Sincerely,
SUNK' �� S
Dean K. Mof :tt - Architect
cc: Garfield County Planning Office
DKM/cg
13151/2 Grand Avenue, Glenwood Springs, Colorado 81601, Telephone 303/945-5041
P.O. Box 3102 (1280 Ute Avenue), Aspen, Colorado 81611, Telephone 303/925-8884
•
SECTION
TABLE OF CONTENTS
TITLE PAGE
I Introduction 1
II Objectives 1
III Land Use and Densities 3
IV Development Schedule 5
V Building Siting 6
VI Housing Types 7
VII Open Space 8
VIII Utility Systems
Water 10
Sewage 11
Electricity 11
Natural Gas 12
Telephone 12
Cable Television 12
IX Roads 12
X Geologic Conditions 13
XI Environmental Characteristics
Land Use 14
Vegetation 14
Animal Ecology 15
Geographic Orientation 15
Views 16
Wind 16
XII Zoning Regulations 16
XIII Draft Master Declaration of
Protective Covenants
IX Ownership 18
X Consent 19
MAP TITLE
Fig. 1 Regional Map
Fig. 2 Vicinity Map
Fig. 3 PUD Master Plan
Fig. 4 PUD Zone Districts
Fig. 5 PUD Phasing Plan
Fig. 6 Water/Sewage Systems
Fig. 7 Environmental Analysis
Fig. 8 Land Suitability
Fig. 9 Existing Conditions
Fig. 10 Bedrock and Surficial Geology
Fig. 11 Soil Hazards
Fig. 12 Slope Stability
Fig. 13 Water Resources
Fig. 14 Slope Analysis
Fig. 15 Vegetation
Fig. 16 Adjacent Ownership
EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
TITLE
Water Resource Investigation
Water Rights Investigation
Water Systems Report
Sewage Systems Report
Geologic Hazards Investigation
Land Title Policies
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APPLICATION FOR REZONING
AS A
PLANNED UNIT DEVELOPMENT
I. INTRODUCTION
The Board of County Commissioners of Garfield County,
Colorado has enacted the PLANNED UNIT DEVELOPMENT AMENDMENT
TO THE GARFIELD COUNTY ZONING RESOLUTION, as authorized by
Article 6 of Chapter 106, Colorado Revised Statutes of 1963
(now Article 67 of Title 24, Colorado Revised Statutes of
1973). This Application for Rezoning is submitted pursuant
to said Planned Unit Development Amendment (hereinafter the
PUD Amendment).
The land which is the subject of this Application (here-
inafter "Los Amigos Ranch") comprises 2,200 acres, more or
less, and is shown on Figure 3 and described in Exhibit 6.
Los Amigos Ranch is owned by Robert W. Chatmas, Thomas E.
Neal and James A. R. Johnson, subject, in all cases, to ex-
ceptions and reservations in the patents, rights-of-way and
easements of record or in use.
Los Amigos Ranch is located along State Highway 82 and
County Road 114, more particularly in the area known as
Spring Valley, and is shown on Figures 1 and 2.
The land of Los Amigos Ranch is now zoned Agricultural/
Residential/Rural Density and is now used for farming and
ranching. Request is made by this Application that Los Amigos
Ranch be rezoned as a Planned Unit Development (hereinafter a
"PUD") pursuant to the PUD Amendment, to be developed in ac-
cordance with the terms and provisions hereinafter set forth.
II. OBJECTIVES
Major changes have taken place in Garfield County since
the Los Amigos Ranch lands were zoned A/R/RD. The primary
changes have been an unforeseen increase in the need for
housing, increased costs of land development and the inability
of the housing industry to provide a full range of housing op-
portunities. The adoption of the PUD Amendment allows a re-
analysis of conventional development techniques on such lands
as those zoned A/R/RD and provides a method for creating a
variety of housing types, efficiencies of utilities and com-
munity infastructures, and retention of agricultural product-
ivity.
The proposed PUD is designed to achieve the following
objectives of development:
A. To provide a variety of housing options in the Glenwood
Springs/Carbondale area and the Roaring Fork Valley.
B. To preserve and maintain agricultural viability of
existing productive land.
C. To realize a more efficient use of land.
D. To realize a more efficient use of the existing Spring
Valley water resources.
E. To realize a more efficient use of existing public
utilities, roads and services, or private services in lieu
thereof.
F. To preserve the scenic quality of those portions of
the property most exposed to public views.
G. To realize community and recreational amenities in-
tegrated with housing and open spaces.
H. To realize maximum scenic benefit of agricultural
and greenbelt lands.
I. To provide for service commercial needs convenient to
housing and Colorado Mountain College.
• •
J. To provide a procedure which can relate the type, de-
sign and layout of residential development to the specific
site and thereby realize preservation of the land's natural
characteristics; and
K. To encourage integrated planning and development
phasing to achieve the foregoing objectives.
III. LAND USE AND DENSITIES
The Los Amigos Ranch land consists environmentally of
three basic zones - the steep bluffs facing the Roaring Fork
Valley, the agricultural lands of Spring Valley, and in be-
tween the above, linially configured areas of rolling terrain,
screened from the bluffs by pinion/juniper and separated from
the agricultural land by native growth and existing farm roads
(Figure 8). These "mid zone" areas comprise the majority of
the proposed development areas. The other areas of proposed
development consist of "vest pocket" valleys and rolling slopes
near County Road 114. The basic development pattern is best
described as a lineal arrangement of residential clusters, de-
creasing in density from a services core and multi -family area
near the entrance (adjacent to Colorado Mountain College) to
outlying single-family areas along the "mid zone" separating
the Roaring Fork Valley and Spring Valley.
The proposed land uses and densities are located, defined
and tabulated on the PUD MASTER PLAN - Figure 3 and the PUD
ZONE PLAN - Figure 4. The uses consist of the following:
A. Single -Family Residential
- rural density areas
- 'low density areas
B. Multi -Family Residential
- duplex areas
- "zero lot line" fourplex
areas
- "townhouse" multiplex areas
- apartment complex areas
1
C. Service Commercial
D. Community Facilities
E. Educational
F. Agricultural
G. Common Open Space
H. Greenbelt
The existing A/R/RD zoning allows, after deduction of
slope areas exceeding 50%, up to 1,034 dwelling units. The
proposed development consists of 568 dwelling units, along
with a service commercial zone, recreational amenities and a
school site. Importantly, the plan preserves 895 acres of
winter wheat land and 874 acres of recreational open space
and highly exposed scenic greenbelt (110 acres of which is in
private ownership) and which does not include areas designated
as Open Space that fall within the multi -family zone.
IV. DEVELOPMENT SCHEDULE
The Los Amigos Ranch PUD is designed and phased to serve
portions of the housing needs of the Glenwood Springs/Carbon-
dale area and the Roaring Fork Valley.
The phasing is designed to cover a ten year period with
the first year being devoted to the initial increment of sub-
division platting and utility/roads construction. There are
three basic development phases, each of which are broken into
three time periods defining the marketing of single-family
lots and multi -family dwelling units.
Construction of Phase I will commence within one year of
the granting of this Application. Construction of Phase II
will begin within one year of completion of Phase I. Con-
struction of Phase III will begin within one year of comple-
tion of Phase II.
If construction of Phase I has not commenced within one
4
• •
year of the granting of this Application, and that if con-
struction of subsequent phases is not begun within one year
of completion of the previous phase, then the County may, and
at the request of the developer shall, forthwith revoke ap-
proval of this PUD in its entirety or portions upon which con-
struction has not been commenced, and that such lands shall
automatically revert to Agricultural/Residential/Rural Density
Zoning, and no entity or person shall have any rights or duties
with respect to such lands by reason of or arising out of this
Application for Rezoning or the rezoning as a PUD.
Phasing and general siting of housing units is depicted
on the PUD PHASING PLAN - Figure 5 and tabulated in the follow-
ing DEVELOPMENT SCHEDULE - RESIDENTIAL - Table 1. A variety
of housing types and lots are scheduled to be marketed each
year. Generally, development will begin in areas adjacent to
County Road 114 with subsequent phases progressing in a north-
westerly direction as well as infilling areas of early develop-
ment.
TABLE 1.
DEVELOPMENT SCHEDULE - RESIDENTIAL
YEAR:
SINGLE-FAMILY
MULTI -FAMILY:
LTPLEX
,TIO HOME
WNHOUSE
ARTMENT
YEAR TOTAL
PHASE TOTAL
TOTAL D.U.'S
PHASE 1
PHASE 2
PHASE 3
1
2
3
4
5
6
7
8
9
8
8
8
9
12
16
18
20
23
2
4
4
8
4
8
8
10
14
-
4
4
4
4
4
4
4
4
8
8
12
8
16
12
12
20
28
36
48
60
84
-
-
-
-
-
54
72
88
113
36
40
42
54
67
214
189
165
568
TOTAL D.U.'S
122
62
32
124
228
568
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Single-family and multi -family development starts slowly
and accelerates through to the end of Phase III. Apartment
development is scheduled to be completed early in Phase II.
Community and recreational facilities will be phased as
each associated residential area is developed. The expansion
of the equestrian/pedestrian trail network will follow resi-
dential development.
The service commercial area is not scheduled for develop-
ment until there is actual need based upon a market area in-
cluding the development, Colorado Mountain College and the
Spring Valley area.
The school site is servicable by roads and utilities
early in development and is located to best serve the Spring
Valley area and the development.
V. BUILDING SITING
The majority of all development areas are located within
zones of pinion/juniper vegetation and are thus screened as
much as possible from each other, roads and public view.
A building site within each lot will be located and de-
fined in size. The objectives of this are to achieve visual
harmony within a development area, lessen external visual im-
pact, protect individual view planes, maximize solar orienta-
tion and avoid site-specific geologic hazards. Conceptuali-
zation of the building sites is depicted on the PUD MASTER
PLAN - Figure 3. The actual building sites will be located
at the time of subdivision platting for each phase of develop-
ment. Single-family building sites will be approximately 3,000
sq. ft. in size. Multi -family building sites will be sized as
a function of the number of dwelling units per lot. Off-street
parking, fencing and landscaping are defined in the Draft Mas-
ter Declaration of Protective Covenants - Section XIII.
• 1
VI. HOUSING TYPES
A. SINGLE-FAMILY: There are two types of single-family
lots - rural density lots of from between 10 and 38 acres in
size and low density lots of from between 2 and 9 acres in
size. In addition to density, the two types of lots are
differentiated in terms of lot coverage, the keeping of horses
and outbuildings (see Draft Master Declaration - Section XIII).
B. MULTI -FAMILY: Although zoned simply as "Multi -Family"
it is anticipated that there will be four different housing
forms to this category. In terms of marketing and environ-
mental variety it is most attractive to offer multi -family
housing types ranging from close to the single-family situa-
tion through to apartments. The following describes the four
types:
1. Duplexes: Two attached single-family units. They
can appear as equally -sized or one unit can be inte-
grated and secondary in size to the other.
2. Patio Homes: They are more commonly known as "zero
lot line homes". They are either attached, semi -
attached or detached. Each cluster of patio homes
shares such elements as landscaping, vehicular entry
drive and guest parking as well as there existing the
option for common recreational amenities. Each unit
will have private outdoor space.
3. Townhouses: Townhouses are lineal or clustered ar-
rangements of between four and twelve dwelling units.
Each unit is on private property that includes out-
door space (no unit is over another). They share in
common those elements of a patio home cluster, plus
common walls and structure, utilities and covered
parking.
4. Apartments: There are two basic types of apartment
• 1
complexes - both are for the general market but those
nearest Colorado Mountain College are to be designed
and oriented for student occupancy. The number of
dwelling units per building can range from four to
twelve. Common elements are those of a townhouse
cluster plus such elements as laundry, storage and
recreational facilities.
VII. OPEN SPACE
The open space network of the PUD is composed of several
different land categories - both in terms of practical recrea-
tional land and visual open space. There are three types of
ownership - PUD Association, local cluster and private. The
following defines the different land categories and how they
contribute to recreational usage and/or visual open space.
A. COMMON OPEN SPACE: Common Open Space is within, con-
tiguous or adjacent to the various development areas. It is
intended for both passive and active recreational use as well
as serving as a visual buffer between development areas and as
a visual space to roads. Portions are intended for use by the
inhabitants of an adjacent residential cluster and other, larger
portions are for the use of the general PUD population. The
Common Open Space will be defined and dedicated at the time of
subdivision platting and will become part of the general owner-
ship of either the PUD Homeowners Association or a sub -entity
reflecting the ownership of a particular cluster of homes.
B. GREENBELT ZONE: The greenbelt designation is primarily
intended for preservation of the pinion/juniper covered slopes
bordering SH -82 and CR -114 and extending along the fringe of
the development areas. These slopes are highly visible to both
the Roaring Fork Valley and homes within the PUD. Secondary to
the greenbelt's function as visual open space, certain recrea-
• •
tional elements such as riding and hiking trails will either
be established or permitted.
C. AGRICULTURAL ZONE: The primary intent of this zone
is to continue its agricultural productivity. As such, and
because it borders development areas, it serves as viable vis-
ual open space. Fringe areas of the zone, along with ravines
within, are planned for parts of the equestrian trail system.
The rolling hills will serve a wintertime function for cross
country skiing.
Portions of the rural density lots are within the Green-
belt Zone and will be restricted as mentioned above. Portions
of all lots, both single-family and multi -family, will remain
in the native condition with tree clearing, certain types of
fencing and irrigation prohibited. The central water system
will be capable of providing for approximately forty acres of
irrigated land consisting of lawns, gardens, parks and park-
ways. The following, Table 2 - OPEN SPACE TABULATION, quanti-
fies the different open space categories:
TABLE 2.
OPEN SPACE TABULATION
LOCATION TYPE USE AREA
Duplex area Active/Passive Recreational 32 AC
Fourplex area Active/Passive Recreational 29 AC
Multiplex areas Active/Passive Recreational 55 AC
Apartment areas Active/Passive Recreational 52 AC
Parks Active/Passive Recreational 32 AC
Greenbelt Zone - Public Passive and Limited Recreational 272 AC
Greenbelt - Private Passive and Limited Recreational 110 AC
Agricultural Zone Passive and Limited Recreational 895 AC
TOTAL 1477 AC
• •
VIII. UTILITY SYSTEMS
A. WATER
A central water system is planned which will service all
of the 568 dwelling units, the commercial area, the recrea-
tional facilities, the school site and approximately forty
acres of private and public green space. The system will be
supplied from the Spring Valley aquifer. Total maximum usage
is estimated to be 285 acre feet per year.
Extensive investigation by Wright Water Engineers, Inc.,
indicates a substantial water resource exists in the Spring
Valley aquifer. Their report "Spring Valley Water Resources
and Water Rights" - May, 1977, states that the aquifer con-
tains approximately 16,000 acre feet of water and is recharged
annually by precipitation (Conclusions - Section V).
In their preliminary water resources investigation for
the Los Amigos Ranch PUD, attached as Exhibit 1, Wright Water
Engineers, Inc., states:
"In summary we believe that a viable water supply can
be developed for the proposed Los Amigos P.U.D. from
wells drilled into the Spring Valley aquifer. Water
requirements for the development will be as high as
285 acre feet per year with a maximum daily require-
ment of about 1.1 CFS."
"We believe that the proposed diversions by the Los
Amigos 1963 and 1978 water rights will not injure any
vested water rights in the Spring Valley area. In the
future there is a possibility of injury to senior water
rights on the Colorado River. As that time approaches,
we believe Los Amigos can develop appropriate augmenta-
tion water to mitigate injury, if any."
Conceptualization of the central water system is depicted
on the WATER/SEWAGE SYSTEMS PLAN - Figure 6. Alternative aug-
mentation plans under consideration are discussed in Exhibit
3 - Proposed Water Supply Facilities, Wright -McLaughlin En-
gineers. In general, the system: serves the entire develop-
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ment with domestic water; serves the multi -family areas with
fire flow capability;and, is planned to be constructed consis-
tent with the development phasing. System ownership alter-
natives under study include private ownership by the Home-
owner's Association, a municipal system under the auspices of
a water and sanitation district or ownership and operation by
the Basalt Water Conservancy District.
B. SEWAGE
A central sewage collection and treatment system is
planned for the multi -family areas (384 d.u.'s), the commer-
cial area and the school site. The duplex lots (62 d.u.'s)
will either be served by the central system or individual sep-
tic systems. The single-family lots (122 d.u.'s) will be
served by individual septic systems.
The central sewage system is depicted on the WATER/SEWAGE
SYSTEMS PLAN - Figure 6. Alternative treatment plans under
consideration are described by Exhibit 4 - Proposed Sewage
Treatment Facilities, Wright -McLaughlin Engineers. In general,
the two basic types of discharge after treatment involve point
discharge to the Roaring Fork alluvium and irrigation of agri-
cultural land, located either in the agricultural zone, below
CR -114 or a combination of the two sites. When complete, al-
ternative system plans will be submitted to the Colorado State
Health Department and the Colorado Water Quality Control Com-
mission. General review of areas of individual septic systems
will occur at the time of subdivision platting with site speci-
fic review at the time of building permit application.
C. ELECTRICITY
At the present time Holy Cross Electric Association holds
franchise rights for the provision of electric power to the
Spring Valley area and has indicated a willingness and ability
to provide such service.
• •
D. NATURAL GAS
Rocky Mountain Natural Gas supplies gas service to Colo-
rado Mountain College and has easement through the Los Amigos
property. Rocky Mountain Natural Gas has indicated a willing-
ness and ability to provide gas service.
E. TELEPHONE
Mountain Bell holds franchise rights for provision of
telephone service to the Spring Valley area. Limited rural
service is provided to existing residences. Mountain States
Telephone holds two easements through the Los Amigos property
and Mountain Bell has indicated a willingness and general
ability to provide service.
F. CABLE TELEVISION
Neither Glenwood -Cable T.V. of the Glenwood Springs vicin-
ity nor Carbondale Cable T.V. of the Carbondale vicinity serve
as far as the Spring Valley area. Neither company foresees
such service in the near future. Nonetheless, advance under-
ground of cable is being considered and will be determined by
subdivision platting.
IX. ROADS
Roads within the Los Amigos PUD will be designed according
to street classifications reflecting projected traffic volumes
and with major consideration to future maintenance costs. Con-
ceptualization of the road network is depicted on the PUD MAS-
TER PLAN MAP - Figure 2.
Access for the PUD is off of County Road 114 at a point
adjacent to Colorado Mountain College. There are two entrances
one serving the collector which links development areas and one
serving an apartment area which relates to Colorado Mountain
College.
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All adjacent private and public owned properties have access
off a public dedicated right-of-way.
The road network will consist of public and private roads
with private driveways as entrances to multi -family areas and
small clusters of single-family homes. Classification, de-
sign and dedication will be consistent with current Garfield
County Road Specifications.
X. GEOLOGIC CONDITIONS
Consideration has been given the following items and pos-
sible natural hazards:
- Geologic Inventory
- Soil Hazards
- Slope Hazards
- Stability -
- Floodways
The above conditions are depicted on the GEOLOGIC CONDITIONS
MAPS - Figures 10, 11 and 12, prepared by Lincoln DeVore Test-
ing Laboratory and summarized in their Preliminary Geologic
Hazards Investigation - Exhibit 5.
Proposed development areas avoid zones of major hazard,
which generally occur along the steep slopes adjacent to SH -82.
Actual building sites will be located at the time of subdivision
platting so as to avoid unmitigatable hazards that are identi-
fied as the result of site-specific investigation.
XI. ENVIRONMENTAL CHARACTERISTICS
The Los Amigos Ranch PUD relates well to the surrounding
area of Spring Valley and the Roaring Fork Valley. The PUD
has been designed with consideration of the natural environ-
ment of the site and the surrounding area, and it does not un-
reasonably destroy or displace wildlife, natural vegetation or
other unique natural features.
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• •
A. LAND USE: Both the Spring Valley and the Roaring
Fork Valley area at the junction of SH -82 and CR -114 are in
transition from agricultural to a residential/commercial usage.
The PUD concentrates development near Colorado Mountain College
to enhance the C.M.C. area as a community node. A secondary
concentration of development is adjacent to CR -114 just up from
SH -82 and is intended to relate to the existing development of
that area. The above two concentrations of development allow
the remaining low density residential areas to best integrate
with the greenbelt and agricultural lands. The steep bluffs
facing the Roaring Fork Valley will remain intact and undevel-
oped, and the 895 acres of open fields facing Spring Valley
will remain unchanged. In summary, adjacent areas of land use
change are complimented by concentrations of compatible de-
velopment and low density development is integrated into areas
yet unchanged in order to maintain the rural and agricultural
character.
B. VEGETATION: The area contains agriculturally related
plant materials and native vegetation consisting of pinion/
juniper, sage and meadow grasses. Over half of the Los Amigos
land is pinion/juniper. To avoid exposing development to
public views by locating in open meadows, the majority of the
multi -family and almost all of the single-family units are lo-
cated within the pinion/juniper zone. This trade off will re-
sult in a certain loss of the pinion/juniper cover. Losses
are kept to a minimum by limiting building areas to 3000 square
feet and aligning roads to as near natural grade as possible.
In addition, utilities are intended to be underground and lo-
cated in common easements aligned next to roads.
Areas of existing native vegetation, including pinion/
juniper, sage and meadow grass, if outside a building site
and regardless of ownership, are protected against removal or
impacts such as would be caused by the keeping of horses - see
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•
Draft Master Declaration of Protective Covenants - Section
XIII.
C. ANIMAL ECOLOGY: The Colorado Division of Wildlife
has identified the area as habitat for deer and sage grouse.
The deer habitat is as winter range due the southern exposure
and graze areas. Sage grouse areas consist of sage pockets
adjacent to wheat fields. In addition, there exists a minor
small mammal and bird population.
The PUD design incorporates the following to either lessen
or mitigate impacts to the deer population:
1. Development areas avoid the steeper southern slopes
which contain sage and grass areas as well as pinion/
juniper cover.
2. At a net density of one dwelling unit per five acres
the single-family zone does not constitute a barrier
to migration from the fields on the east to the slopes
on the west.
3. Lots are held back from five drainages which cross
the development zone from fields to slopes. These
vegetated ravines will serve as wildlife corridors.
4. Each lot has a designated building site of 3000 square
feet with the remainder of the lot to remain in its
existing condition.
5. Fencing will be limited as to type and location. Only
fencing approved by the Colorado Division of Wildlife
will be allowed in areas outlying actual building sites.
6. A dog ordinance, at least as restrictive as the cur-
rent Garfield County Ordinance, will be incorporated
as part of the PUD Restrictions.
D. GEOGRAPHIC ORIENTATION: The majority of the PUD lands
face south. The majority of the development areas are located
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•
on unshadowed, south -facing topographic rises for the best
solar orientation. The majority of roads are located at nat-
ural grade and have good southern exposure (the main collector
road follows an existing farm road that is generally servicable
throughout winter without maintenance).
E. VIEWS: Main views and long-range vistas from all
development areas are in a southern direction to the Roaring
Fork Valley, Mt. Sopris, Basalt Mountain and peaks beyond.
Views and solar orientation are therefore coincident.
F. WIND: Prevailing winter winds are from the northwest
and with architectural response to southern views and solar
orientation, the winter wind exposure is minimized. Prevail-
ing summer winds are from the southwest and with the above
orientations these winds can be put to maximum beneficial use.
XII. ZONING REGULATIONS
Zoning Regulations will define land uses and development
standards for the following categories:
A. Single -Family Residential
1. Rural Density
2. Low Density
B. Multi -Family Residential
1. Duplex
2. Patio Home ("zero lot line fourplex")
3. Townhouse ("multiplex")
4. Apartment
C. Service Commercial
D. Community/Recreational
E. Agricultural
F. Greenbelt
In addition, an Open Space network, which is situated through-
out the above zones, will be defined. The proposed school site
is identified as such and if not accepted by the School District
will become a part of the Community/Recreational zone.
- 16 -
• •
The Master Declaration of Protective Covenants - Section
XIII, will be a part of the Zoning Regulations, and together
they will constitute the standards for development, administra-
tion and maintenance of all lands and facilities within the
PUD.
In general, the PUD Zoning Regulations will be more restric-
tive than the equivalent zone district regulations of Garfield
County. In addition to permitted uses, density, site coverage,
setback, building height and off-street parking, definition will
be given the following items:
A. Use Outside the Building Site
- Animal husbandry
- Irrigation
- Fencing, landscaping
- Preservation of native vegetation
B. Covered Parking and Paving
C. Underground Utility Service
D. Architectural Control
E. Pedestrian Easements
XIV. CONCLUSION
The undersigned owners of Los Amigos Ranch depose and
state under the penalties of perjury that all statements sub-
mitted with or contained within this Application are true and
correct to the best of their knowledge.
The owners of Los Amigos Ranch respectfully request that
the subject land be rezoned as a Planned Unit Development in
accordance with the terms and provisions above set forth.
Robert W. Chatmas - Owner
Thomas E. Neal - Owner
James A. R. Johnson - Owner
State of Colorado )
ss.
County of Garfield )
The foregoing instrument was acknowledged before me this
day of September, 1978, by Robert W. Chatmas,
Thomas E. Neal and James A. R. Johnson.
Witness my hand and official seal. My commission expires
Notary Public
Los Amigos Ranch
2929 - 114th Road
Glenwood Springs, CO 81601
September 25, 1978
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado 81601
Gentlemen,
The undersigned, being the owners of the Los Amigos Ranch
properties, as described by title insurance policies in-
cluded in this Application, an area of 2,200 acres, more
or less, hereby consent to the inclusion thereof in the
Application for rezoning as a Planned Unit Development.
Robert W. Chatmas - Owner
Thomas E. Neal - Owner
James A. R. Johnson - Owner
The foregoing instrument was acknowledged before me this
day of September, 1978, by Robert W. Chatmas,
Thomas E. Neal and James A. R. Johnson.
Witness my hand and official seal. My commission expires
Notary Public
August 16, 1978
SUN DESIGNS
ARCHITECTS, PLANNERS, AND SOLAR CONSULTANTS
LOS AMIGOS RANCH - SDG 78019
PUD/SKETCH PLAN SUBMITTAL MATERIAL (DRAFT)
Fig. 1 REGIONAL MAP
Scale:
Project boundary
Spring Valley
Roaring Fork Valley (portion)
Glenwood Springs
Major roads
Mileages to various points
Fig. 2 VICINITY MAP
USGS base
Scale: 1 in = 2000 ft
40 ft contour interval
Identification and north arrow
- Project boundary
- Surrounding area for 2 mile
- Existing road network
- Existing land uses (including Foster and Beattie)
- Project entrances (existing and proposed)
- Adjacent ownership
Fig. 3 PUD MASTER PLAN
1:500 base
Project entrance
Road network
Land use including (by area and zone division):
Residential zones defined
Commercial
Recreational
Community institutional facilities
Agricultural
Preservation and open space
Tabulations and keys
13151/2 Grand Avenue, Glenwood Springs, Colorado 81601, Telephone 303/945-5041
P.O. Box 3102 (1280 Ute Avenue), Aspen, Colorado 81611, Telephone 303/925-8884
LOS AMIGOS RAN SDG 78019
PUD/SKETCH PLANBMITTAL MATERIAL
Page 2
Fig. 4 DEVELOPMENT PHASING MAP
1:500 PUD Master Plan (Screened)
- Phasing by zone and land use
- Tabulation of DU's by phase
- Tabulation of roads by phase
Fig. 5 WATER/SEWER SYSTEMS MAP
1:500 PUD Master Plan (Screened)
- Total systems by phase
- Tabulations
Fig. 6 ENVIRONMENTAL ANALYSIS MAP
1:500 base
- Zones identified:
Upland agricultural zone
Rim lands and pocket meadows
Valley slopes
- Palisades
- Views and overlooks
- Climate information
- Unique physical features
Fig. 7 LAND SUITABILITY MAP
1:500 base
- Ten zones identified
(as per Memo #3)
•
Fig. 8 EXISTING CONDITIONS MAP
1:500 base
- Existing entrance and roads
- Existing structures
- Existing improvements - including wells
- Springs and drainages
- Existing land uses including:
Agricultural areas
Pinion/juniper areas
Palisades
Natural meadows
- Existing utilities and transmission lines
Fig. 9 GEOLOGIC CONDITIONS MAP
1:500 base
- Soil hazard zones*
- Slope stability*
- Bedrock geology*
- Surficial geology*
*Lincoln-DeVore/County Mapping Information
• .LOS AMIGOS RANCH - SDG 78019
PUD/SKETCH PLAN BMITTAL MATERIAL
Page 3
Fig. 10 GROUND WATER MAP
1:500 base
- Spring Valley aquifer information (Wright Water study)
Wells and springs (including filing numbers)
Proposed wells
- Proposed storage
Fig. 11 SLOPE ANALYSIS MAP
1:500 base
- Zones:
1-10%
10-20%
20-30%
30-40%
40-50%
50 -Up
Fig. 12 VEGETATION MAP
1:500 base
Pinion/juniper
- Sage
- Meadow grass
Agricultural
- Other
1
SUMMARY OF:
1
SUN DESIGNS
ARCHITECTS, PLANNERS, AND SOLAR CONSULTANTS
THE PROPOSED LOS AMIGOS RANCH PUD APPLICATION AS AMENDED
1. GOVERNING STATUTE: "THE PLANNED UNIT DEVELOPMENT
AMENDMENT TO THE GARFIELD COUNTY ZONING RESOLUTION."
2. APPLICATION: For rezoning from A/R/RD to PUD
3. LOCATION: Spring Valley near CMC (County Road 114)
4. AREA: 1,473 acres
5. NET DEVELOPABLE AREA: 1,341 acres
6. TOTAL DWELLING UNITS: 568 single and multi -family
7. DENSITY: 0.42 du/ac (1 du on 2.38 ac)
8. PUD ZONES CREATED: Single -Family, Multi -Family, Com-
mercial, Park, School, Greenbelt
9. OPEN SPACE: 28.2% of total (greenbelt)
10. DEVELOPMENT SCHEDULE: Incremental subdivision platting
of three 3 -year phases.
11. INTERNAL ROADS: Paved PUD roads and county roads to
county specifications.
12. DOMESTIC WATER: Central system supplied via wells from
the Spring Valley Aquifer. Fireflow to multi -family
areas.
13. SEWAGE: Central waste disposal system for 314 multi-
family units. Individual septic systems for remaining
single-family units.
14. UTILITIES: Electricity, telephone and possibly natural
gas - all underground.
1315'/2 Grand Avenue, Glenwood Springs, Colorado 81601, Telephone 303/945-5041
P.O. Dox 3102 (1280 Ute Avenue), Aspen, Colorado 81611, Telephone 303/925-8884
't• •,
LOS AMIGOS SUM.
Page 2
15. CREATED ENTITIES:
•
A. Homeowner's Association: For administration of
commonly owned lands and facilities as defined
by Declaration of Protective Covenants.
B. Sanitation District: For administration, opera-
tion and maintenance of the central sewage collec-
tion and treatment system. The district, once
formed, would serve portions of Los Amigos and
possibly adjacent areas connected to the central
treatment facilities.
C. Metropolitan District: For administration, opera-
tion and maintenance of the central water system
and a fire district, which once formed, could
serve Los Amigos and adjacent areas.
PROPOSED LOS AMS P.U.D.
SUNDESIGNS ARCH CTS
day of
AGREEMENT FOR THE CONVEYANCE
OF CONSERVATION EASEMENTS
WITNESSETH this Agreement entered into this
, 197 , by and between
, a Colorado partnership, hereinafter
referred to as "Seller" and The Trust for the Public Land (TPL),
a California nonprofit corporation, hereinafter referred to as
"Purchaser".
WHEREAS, Seller is fee owner of certain real property
located in Garfield County, Colorado consisting of approximately
900 + acres more particularly described at Exhibit A attached
hereto and incorporated herein by this reference, hereinafter
referred to as Property; and
WHEREAS, said Property is now and historically has been
primarily utilized for agricultural purposes; and
WHEREAS, as provided by Garfield County Zoning Regula-
tions in effect on the date of this Agreement and applicable to
said Property, said property is classified as having an allowable
development capability for, in addition to other uses, two acre
residential home sites; and
WHEREAS, certain parcels of real property contiguous
to said Property are undergoing development efforts to rezone
said parcels to permit high density residential and commercial
uses, which efforts are likely to result in the sought after
rezoning thereby making the development of the area surrounding
the Property imminent and jeopardizing the ultimate preservation
of the agricultural character of the Property; and
WHEREAS, current Garfield County subdivision regula-
tions do not insure the preservation of open space through any
requirement of perpetual restrictions on the further development of
acreages subdivided to the densities permitted under zoning in
effect at the time of subdivision approval; and
WHEREAS, Purchaser is recognized by the Internal Revenue
Service (IRS) as a charitable tax exempt organization under
Section 501 (c) (3) of the internal. Revenue Code and has been
in existence for at least two years prior to the date of this
Agreement, and whose primary purpose is to acquire real property
or interests therein for the preservation of scenic, agricultural,
aesthetic and environmental values; and
WHEREAS, the laws of the State of Colorado, to wit:
1973 CRS 38-30.5-101 et. seq. provide for the creation and transfer
of interests in real property defined as conservation easements
for the purposes stated in this Agreement; and
WHEREAS, Seller is desirous of effecting an Agreement
for the conveyance of conservation easements over said Property
to Purchaser so that said Property will be preserved in perpetuity
as agricultural open space free from residential or commercial
development and further benefiting Seller through the tax savings
which may accrue to Seller through asale or gift of conservation
easements to Purchaser under the terms of this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. General Intent - It is the intention of Seller that
the Property shall be free from development and maintained as a
scenic, agricultural open space. It is the purpose of this grant
of conservation easements to purchaser that the Property's present
natural beauty, natural growth and native setting shall always be
protected insofar as is possible in connection with the uses and
structures permitted by this instrument. It is of primary intent
that the agricultural character of the Property shall be protected
in perpetuity insofar as is possible and shall not be developed
except for agricultural purposes or other uses accessory to or
not in consistent therewith.
2. For Ten Dollars ($10.00) and other good and valuable
consideration, Seller hereby agrees to convey to Purchaser conser-
vation easements over the property by one or more gift deeds setting
forth the acreages to be governed by such conservation easements
and further setting forth the nature of the conservation easements
so conveyed and all restrictions and covenants appurtenant thereto.
Seller shall have the right to determine the amount of acreage to
2
1 •
be subject to said conservation easements and the time of conveyance
of said easements provided that all of the Property shall be
subject to the restrictions of a conservation easement as set
forth below, not later than January 1, 1990. Seller, therefore,
reserves the right to make said property subject to conservation
easements in any amount of acreage and at any time within the
aforedescribed term.
3. Seller agrees that during the term of this Agreement
and prior to the complete subjection of the Property to the
conservation easement restrictions described below, Seller will
not undertake any act or do anything which will alter the character
of the Property or be inconsistent with the intent of this Agree-
ment and the restrictions of the conservation easements described
hereinafter. This document shall be recorded upon its execution
and any act by Seller inconsistent with the terms of this Agreement
prior to the formal conveyance of the conservation easements
contemplated herein shall be actionable by Purchaser in a suit for
injunctive relief against the act of the Seller in violation of
.this agreement.
4. General Restrictions - The gift deed conveying
conservation easements over the property shall contain convenants
substantially similar to the following:
(a) No Resubdivision - No portion of the property
subject to this conservation easement shall ever be resubdivided
into smaller tracts or lots nor conveyed in any less than the
full original dimensions of said parcel, provided that conveyances
or dedications of easements for utilities, private roads, recrea-
tional easements, or any other easements for agricultural pur-
poses or for purposes accessory to or not in consistent with said
agricultural purposes may be made for less than all of the acreage
so restricted.
(b) No Business Uses - No lands within the property
subject to the aforesaid conservation easements shall ever be
occupied or used for any commercial or business purpose nor for
any noxious activity except as the same may be of an agricultural
i •
nature or not in consistent with the agricultural and scenic
character of the property.
(c) Improvements - Except for those necessary,
accessory to or not inconsistent with agricultural uses, or
unless specifically permitted under the terms of this Agreement,
no improvements of any kind, including but not limited to
dwelling houses, barns, stables, outbuildings, swimming pools,
tennis courts, ponds, parking areas, fences, walls, garages,
drives, and antennae, flag poles, curbs, and walks, shall ever
be constructed on any lands within the property subject to the
conservation easements nor may any non-agricultural vegetation
be altered or destroyed nor any landscaping performed, unless
the same is consistent with the intent of this Agreement or
necessary or accessory to existing agricultural or permitted
recreational uses.
(d) Seller's Title, Useage and Reservation -
Seller expressly reserves all rights, title and interest in the
Property not specifically conveyed hereby, including without
limitation fee ownership in the Property, the right to manage,
control, lease and assign all agricultural activites on subject
property, and the rents, profits, crops, proceeds, improvements,
water rights, mineral rights, and any other benefit or thing
appurtenant thereto; further reserving unto Seller the right to
conduct, manage, control, lease, convey or assign the use of
the Property for any and all recreational purposes which, in
Seller's sole discretion,are deemed not inconsistent with the
agricultural character of the Property. Seller further reserves
unto itself all mineral rights benefiting and appurtenant to the
Property and notwithstanding the terms of this Agreement or any
conservation easement granted hereunder shallbe unrestriced in
the free exercise thereof. Seller further reserves unto itself
every right, title, and interest in the Property and all appur-
tenances thereto together with the right to use the Property for
any and all purposes except as the same are specifically conveyed
according to the terms of the conservation easements granted
4
hereby. Notwithstanding the specific terms of the conservation
easements hereby conveyed, Seller shalt have the right of
access to any portion of the Property at any time as may be
necessary for the maintenance, repair or replacement of utility
extensions, roads and fences and for the making of repairs,
and shall have the right to perform the duties and functions and
excercise all rights which the Seller shall have pursuant to the
terms of this Agreement and the conservation easements conveyed
hereunder.
(e) Easements Reserved - Seller hereby reserves
unto itself, its successors and assigns, perpetual easements,
in gross, over and across the Property as may be necessary and
reasonable for the uses of the Property reserved unto Seller by
the terms of this Agreement or any conservation easement conveyed
hereby including without limitation those necessary for construct-
ing, maintaining, operating, replacing, enlarging and repairing,
electric, telephone, water, irrigation, sewer, gas and similar
lines, pipes, wires, ditches, and conduits and walking and riding
trails and water supply systems for domestic and irrigation purposes,
irrigation ditches and laterals, private roads giving access to
agricultural operations or permitted recreational operations, and
for the free exercise of any and all activities
and uses of the
Property necessary, accessory to or not inconsistent with the
use of the Property as reserved unto Seller by the terms of this
Agreement or any conservation easement granted hereby.
(f) Enforcement Actions - Purchaser shall have the
right to prosecute an action against any person, or a.ndkvidual,
corporate or otherwise, to enforce the provisions of this Agreement
or any conservation easement granted hereby through an action
commenced in the District Court for the State of Colorado, County
of Garfield, in the nature of a suit for injunctive relief, on
behalf of itself by reason of any violation of this Agreement or
the restrictions of any conservation casement granted hereby. In
the event Purchaser does not so act after knowledge of a violation
of the aforesaid Agreement or conservation easement restrictions,
5
• •
Seller, its successors and asF-igns may bring such action against
any violation of the aforesaid restrictions. Notwithstanding,
Purchaser's perpetual existence, any assignee or successor in
interest of Purchaser shall have all of the rights and remedies
and responsibilities and obligations with respect to subject
Property as the Purchaser.
(g) Covenants to Run - All of the restrictions of
this Agreement and of the conservation easements granted hereby
shall be a burden on the title to all the Property and the benefits
thereof shall inure to the owner or owners of the Property and
to the Purchaser of the conservation easements contemplated here-
under and its successors, heirs, or assigns and the benefits
and burdens of all said restrictions and covenants shall run
with the title to all of the Property.
(h) Termination of Restrictions - The restrictions
contained in -the foregoing Agreement and conservation easement
shall be deemed perpetual and shall be deemed to have been conveyed
pursuant to 1973 C.R.S. 38-30.5-101 et. seq., of the Laws of the
State of Colorado.
(i) Severability - Should any part or parts of
these restrictions and covenants be declared invalid or unenforce-
able by any Court of competent jurisdiction, such decisions shall
not affect the validity of the remaining covenants.
5. The conservation easements conveyed pursuant to
the terms of this Agreement shall be subject to all easements,
restrictions, reservations, and encumbrances of record at such
time as said conservation easements are made of record, and nothing
herein shall affect the right of any prior lien or beneficiary
of the aforesaid easements, restrictions, reservations, or
encumbrances.
6. Seller's performance under the terms of this
agreement is specifically contingent upon the occurrance of the
following:
(a) Sellers obtaining a favorable ruling from
the Internal Revenue Service affirming the deductibility of the
conveyance of the conservation easements contemplated herein as
charitable contributions to a tax exempt organization. This
contingency shall remain in effect for the duration of this
Agreement and shall not be deemed waived by any conveyance of
a conservation easement over a portion of the Property prior to
a favorable ruling from the Internal Revenue Service affirming
the deductibility of any particular conveyance of a conservation
easement over less than the entire property; and
(b) the final approval by the Board of County
Commissioners for Garfield County, Colorado of the development
known as Los Amigos Ranches in the total density of 568 dwelling
units. Seller shall not be deemed to have waived this contingency
by any conveyance .of a conservation easement over less than all
of the Property prior to the final approval of the Los Amigos
Ranches Development. Seller shall be entitled to terminate
this Agreement to the extent of any conservation easements not
conveyed in the event the aforesaid development is not granted
final approval prior to January 1, 1990. The existence of this
contingency shall not be construed to create any right of recission
on the part of the Seller for any conservation easement granted
and conveyed prior to Seller's exercise of its rights to terminate
the remainder of this Agreement according to the terms of this
contingency.
7. finding Effect - This agreement shall be binding
upon and inure to the benefit of the parties hereto, their
heirs, successors, and assigns.
8. Governing Law - This contract shall be construed
according to the laws of the State of Colorado and the laws of the
United States of America with regard to the tax matters relevant
to the terms of this Agreement.
9. Litigation, Attorney's Fees - Each part hereto
shall be responsible for the fees and costs of any suit or
action brought to enforce the terms of this Agreement or any
conservation easement hereunder except that Purchaser shall
be obligated to pay all costs attendant to defending or enforcing the
terms of any conservation easement conveyed to Purchaser by Seller
and to do any and all acts necessary to insure the perpetual
enforcement of the restrictions contained therein.
IN WITNESS WHEREOF, the parties hereunto have set
their hand and seals this
STATE OF COLORADO
ss.
County of Pitkin
day of , 197
Seller:
A Colorado partnership
By
Partnership,
General Partner
The foregoing instrument was acknowledged before me
this day of , 197 by
as general partner for
Partnership, a Colorado Partnership.
My commission expires:
Witness my hand and official seal.
By
Notary Public
The Purchasers by their signatures below accept the
terms of this Agreement and accept for themselves, their heirs,
and their assigns all the duties and obligations imposed by the
conservation easements to be granted pursuant to the terms of
this Agreement, and shall execute affirmative acceptances of
the terms and restrictions of said conservation easements on the
face of the deed or deeds conveying conservation easements
contemplated by this Agreement.
ATTEST: The Trust for the Public Land,
a California non-profit Corporation
(SEAL)
By By
Secretary (Title of Officer)
8
• •
STATE OF CALIFORNIA
ss.
County of
The foregoing instrument was acknowledged before me
by as
of the Trust for Public Land, California non-profit Corporation
and as Secretary thereof this
day of , 19
My Commission expires:
Witness my hand and official seal.
By
Notary Public
GA S :LD COLP TY Board of County Commissioners
P.O. Box 640
Gley,,.^.'ood Springs, Colorado 81601 Telephone (303) 945-6892
FLAVEN J. CERISE RICHARD C. JOLLEY LARRY VELASQUEZ
January 8, 1979
MEMO
TO: Garfield County Planning Commission
FROM: Kenneth T. Johnson, Jr., Assistant County Attorney
SUBJECT: Revised Los Amigos PUD Application
At the request of the Garfield County Planning Depart-
ment and representatives of the Los Amigos development, I
have examined the plan by the developer to dedicate to a
non-profit organization a conservation easement over the
roughly 817 Acres of land which was included in the original
PUD application and which now lies adjacent to, but outside
of, i -he bound ri e of thP PTTs as spt forth in the revised
application. Based on my research of the Colorado StaLutes
on Conservation Easements (C.R.S. 1973, 38-305-101 et. seq.,
as amended), and the representations made and materials pro-
vided by the developer, I offer the following comments with
regard to any action you may take on this application:
First, the developer is proposing this donation action
for its own tax advantages. However, in order for the developer
to obtain a tax deduction for the value of the easement donated,
the act of donation cannot be required by the County as a
condition of PUD approval because such a requirement would
result in the donation losing its voluntary gift status. This
means that if any resolution or motion for approval of the PUD
is made contingent on the donation of the conservation ease-
ment, then the donation will probably be of no tax advantage
to the developer. In addition, such an action would be of
doubtful validity since it is placing conditions on land out-
side of the proposed PUD.
Secondly, since approval of the PUD cannot be conditioned
upon the donation, the fact is that no matter what representations
are made by the developer as to its intentions of making the
conservation easement donation, once the PUD is approved, the
4
January 8, 1979
Page 2
developer will be under no legal obligation to make any such
donation. When and if the developer and the donee sign an
agreement providing for such donation, it is possible the County
could seek to enforce it as a third party beneficiary on behalf
of the public, but that is in no way certain, and in any case,
no such executed agreement presently exists.
Finally, since the donation cannot be required by the County,
you should examine the revised PUD application as if no such
donation plan had ever been proposed. In other words, you should
examine the PUD plan only on its own merits under the provisions
of the Planned Unit Development regulations and other applicable
sections of the County Zoning Resolution. Then if you are sat-
isfied that the Los Amigos PUD, as described in the revised
application, meets all applicable standards and requirements,
regardless of whether the proposed donation of the conservation
takes place or not, you will have essentially fulfilled your
duties. Thereafter, the County may essentially have to depend
on the moral obligations of the developer and the tax benefits
�,., 1- +-ho os -7 donation to sco 4 -hat it s accomplishe r7
inherent iia � in �,.ia�. propos-7 �.. `-
411
-e-te-
GARFIFLD COUNTY Board of County Commissioners
945-9158
P.O. Box 640 Glenwood Springs, Colorado 81601 Telephone (3030415>6-8821X
FLAVEN J. CERISE RICHARD C. JOLLEY LARRY VELASQUEZ
March 7, 1980
TO WHOM IT MAY CONCERN:
REF: LOS AMIGOS RANCH P.U.D.
SUBDIVISION TWO - FILING ONE
By this letter the County of Garfield, State of Colorado,
states the following:
1. The Los Amigos Ranch Project has been approved for
Planned Unit Development by Resolution #79-15 on
February 6, 1979.
2. The Final Plat of Subdivision Two - Filing One has
been approved by Resolution on November 19, 1979.
The County and the Developer have entered into a
Subdivision Improvement Agreement, dated March 5,
1980, which will secure the construction of public
roads by the Developers.
4. Upon completion of construction to County specifica-
tions and acceptance by the County, the County will
own and maintain the public roads.
Sincerely,
Leonard Bowlby \'
Garfield County Road Supervisor
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•
•
USE/UNIT TYPE
RESIDENTIAL:
• Single Family
- Low Density
- Rural Density
• Duplex
• Patio Home
• Townhouse
• Apartment
RESIDENTIAL SUBTOTAL
AGRICULTURE
RECREATION/GREENBELT/
OPEN SPACE
SCHOOL SITE
COMMERCIAL SITE
ROADS
TOTAL
-3-
TABLE I
ORIGINAL PUD PUD AMENDMENT
UNITS ACRES UNITS ACRE:
(122)
(106)
( 16)
( 62)
( 32)
(124)
(228)
(696)
(253)
(163) (841)
(160) (531)
( 3) (310)
O 0
o 0
( 56)
(204)
568 949 423
895
288
8
20
45
( 8)
( 85)
934
898
304
8
3
58
2205
2205
THIS
•
AGREEMENT
AGREEMENT is made and
�w
entered into this 30 day of
, 1981, by and between SPRING VALLEY SANITATION
DISTRICT, a quasi -municipality duly organized under the laws of
the State of Colorado (hereinafter "SVSD") and LOS AMIGOS RANCH
PARTNERSHIP, a Colorado general partnership (hereinafter "LARP");
W ITNESSET H:
WHEREAS, on July 2, 1979, the individual members of
LARP entered into a Sewage Treatment Service Agreement
(hereinafter "STS Agreement") with Colorado Mountain Junior
College District (hereinafter "CMC");
WHEREAS, the service plan for formation of SVSD dated
July, 1979, annexed a copy of the STS Agreement;
WHEREAS, the service plan states that SVSD will build
and own all sewer lines and expansions to the sewer plant and
that SVSD will finance such lines and plant expansion and LARP
will pay for the amounts financed through system development fees
and a mill levy (because all of the property within SVSD was and
is owned by LARP), with CMC paying for increased usage with
system development fees;
WHEREAS, the STS Agreement provides for the
construction by LARP of eight apartment buildings and for rental
restrictions on said apartments which may make them commercially
undesireable for sale on the commercial market and which have
resulted in a high vacancy rate and high maintenance cost;
WHEREAS, LARP has undertaken construction on behalf of
SVSD and has expended money on behalf of the District on the
assumptions set forth in the service plan;
WHEREAS, if LARP were to remain the sole owner of the
property within SVSD and, together with CMC, the sole entity
serviced by SVSD, the money spent by LARP, the time and effort
expended by LARP on behalf of SVSD and any financial detriment
suffered by LARP in constructing apartment units pursuant to the
STS Agreement would all be for the benefit of LARP and LARP would
•
be justified in using its credit or taking such action as would
be necessary to assist SVSD in financing lines and plant
expansion;
WHEREAS, a petition for annexation to SVSD has been
submitted by Foster Petroleum Corporation, a Delaware
corporation, considerable negotiation has been undertaken,
counsel for SVSD and LARP has resigned, and new counsel has been
employed by each of SVSD and LARP;
WHEREAS, it is understood that LARP would prefer that
SVSD not annex new areas or serve new areas because of the
difficulty in arriving at an equitable arrangement with LARP for
money and effort expended to date and detriment suffered and to
be suffered, but LARP recognizes that the discretion of SVSD
should not be restricted and that if SVSD determines it is in the
best interests of SVSD to annex or service other areas, it should
have the discretion to do so;
WHEREAS, the Board of Directors of SVSD adopted a
resolution at its September 18, 1981 Board meeting regarding
determining organizational costs of SVSD and in furtherance of
such determination, LARP has submitted to the SVSD an appraisal
concerning the eight apartment buildings referred to above;
WHEREAS, the Board of Directors of SVSD has determined
by resolution that the execution of this Agreement is in the
public interest and in the interest of SVSD, that necessity
demands the acquisition of the improvements provided for herein,
and that this Agreement is for and will permit SVSD to carry out
the objects and purposes of the district; and
WHEREAS, the parties desire to set forth their
agreement in writing:
NOW, THEREFORE, in consideration of the premises and of
the mutual covenants contained herein, the parties agree as
follows:
1. The succeeding provisions of this Agreement,
except those in paragraphs 2, 3, 6, 9, 10, 11, 12 and 14 shall
have no force or effect unless and until SVSD annexes additional
2
• •
area to SVSD (other than additional area which might be requested
by LARP) or agrees to serve persons or entities other than LARP
and CMC (reference to "CMC" herein shall include Pinon Alps.
pursuant to the agreement between Pinon Alps and CMC in effect
July 2, 1979) as specifically provided in the STS Agreement. In
any event, this Agreement shall terminate twenty-one years from
date hereof.
2. In the event the provisions of this Agreement do
not become operative until after the parties have undertaken
financial arrangements to further expand the plant and/or lines
to serve LARP, SVSD shall take all such action at or prior to
annexation of other property (other than additional area which
might be requested by LARP), or agreement to serve persons or
entities other than LARP and CMC, as is necessary to relieve LARP
and property of LARP from such financial arrangement and
financial obligation insofar as such financier arrangements and
obligations relate to provision of the 42r7—EQR's referred to in
paragraph numbered 5 below. For example, if LARP requests SVSD
to enlarge the plant after the date of this Agreement and to
install lines as provided in the service plan to provide 50 EQR's
IAJA
(of the /T7 EQR's), LARP advances the cost of construction
therefor to SVSD and SVSD subsequently annexes additional area;
then, upon such annexation SVSD would repay LARP such cost and
reasonable interest thereon. No portion of such repayment amount
would be collected from LARP directly or indirectly, such as
through a mill levy on property of LARP.
3. There shall be no obligation on LARP to advance
funds to SVSD after date hereof. However, as to any such amounts
advanced, promissory notes shall be executed bearing interest at
two percent below the prime rate of First National Bank in
Glenwood Springs on date of execution of a note, to be payable to
LARP upon SVSD annexing additional area (other than additional
area which might be requested by LARP) or agreeing to serve
persons or entities other than LARP and CMC, as specifically
provided in the STS Agreement.
3
4. It is acknowledged that there is no precise way to
quantify the detriment to LARP by being required to construct the
apartment buildings pursuant to the STS Agreement, however, the
Board of SVSD has considered the appraisal submitted by LARP and
the approach set forth below.
SVSD, through its representative, has had the
opportunity to examine the applicable records of LARP and the
parties agree that LARP has expended the following sums for or on
behalf of SVSD:
A. Phase I improvements at the SVSD plant
site which increased the capacity of the
existing facility to serve the eight
apartment buildings (96 units) in addition to
the existing uses:
B. An eight -inch sewer line from the LARP
development and the apartment site to the
SVSD site:
(The SVSD engineer has allocated $68,409.00
of such amount expended on the line to the 96
units)
C. Organizational costs (not considering the
detriment relating to the apartment units)
D. Advanced operating costs:
$21,504.00
247,136.00
57,547.00
26,817.00
$353,004.00
Of the amounts expended, the Phase I improvements in the
amount of $21,504.00 and the allocated portions of the sewer line
of $68,409.00, for a total of $89,913.00, are directly allocable
to the 96 units. According to the EQR Schedule established in
the service plan, these units will use 59 EQR's for an EQR value
of $1,525.00 per EQR. The amount expended set forth above,
except advanced operating costs, divided by this EQR value equals
4
213 EQR's. This would indicate, and LARP has suggested, SVSD
should grant a system development fee credit to LARP of 59 EQR's
for the eight -building apartment complex described in this STS
Agreement and 154 EQR's for the other amounts set forth in this
paragraph numbered 4; provided, however, LARP should be charged a
fee equal to the time value of money per year on the EQR's not
allocated to the eight building apartment complex. An example
would be, if a connection for one EQR were made during the period
between one year and two years from date hereof based on an EQR
value of $1525.00 and 1O% interest (simple), a fee of $152.50 for
such connection would be paid by LARP. If such a connection were
made between three and four years from date hereof, the amount to
be paid by LARP would by $457.50.
5. SVSD hereby grants a system development fee credit
to LARP of 59 EQR's for the eight building apartment complex
described in the STS Agreement and hereby grants an additional
/51-EQR's to LARP; provided, however, LARP shall be charged a
fee equal to /e2 % per year (computed on a simple interest basis)
of $ /52 -Ida?. Connections for all such EQR's shall be made on
or before twenty-one years from date hereof. Any such EQR's for
which connections have not been made on or before such time shall
1 expire.
(P?
6. SVSD shall promptly repay to LARP the advanced
.2 sf 3r .33
operating costs in the amount of $&860 either in the form of
cash or by credits to LARP for service charges incurred and to be
incurred by LARP to SVSD. Any amounts not repaid or used as a
credit by August 1, 1982, shall bear interest from August 1, 1982
at two percent below the prime rate of First National Bank in
Glenwood Springs.
L/11'
7. Additional EQR's requested by LARP in excess of
31" EQR's specified herein shall be paid for by LARP at the then
prevailing SVSD system development fee rates.
8. SVSD shall have the continuing obligation under
the service plan to finance and construct all lines specified and
5
plant improvements from any available funds, regardless of source
(in easements shown upon dedicated plats by LARP).
Unless contrary to applicable law, the property of LARP
shall not have a mill levy placed upon it which is larger than
the mill levy upon any other property annexed into the District.
LARP specifically has no obligation to make any efforts with
regard to bonding that are different than any other landowner in
a special improvement district in Colorado established under
Article 4, Title 32, Colo. Rev. Stat. (1973, as amended).
9. Of the 59 EQR's allocated to the 96 units,
presently 29.5 EQR's are being used. The remaining 29.5 EQR's
shall be allocated to the unbuilt 48 units of such 96 units so
long as LARP is obligated to CMC to construct such units. In the
event that, for any reason, LARP is relieved of this obligation,
LARP shall have the right to freely transfer such 29.5 EQR's.
LARP may use the 29.5 EQR's allocated to the unbuilt 48 units
elsewhere in the development on the condition that if sewer plant
capacity is needed upon building the 48 unbuilt units referred to
herein that LARP shall provide funds to enlarge the sewer plant
to accommodate the 29.5 EQR's so required (which funds may be
recouped hereunder only if additional area is annexed to SVSD).
LARP has the right to freely transfer the 45-1-EQR's referred to
above in paragraph numbered 5.
10. LARP consents to the Lease and Agreement between
CMC and SVSD dated February 26, 1980, recorded in the office of
the Clerk and Recorder of Garfield County, Colorado, in BOok 575
at Pages 117-135.
11. LARP hereby indemnifies and agrees to hold SVSD
harmless from and against any obligation under paragraph numbered
3 of the STS Agreement. Such obligations shall remain the sole
responsibility of LARP.
12. In the event a court of competent jurisdiction
determines SVSD may not utilize any source of funds or money to
pay any obligations to LARP provided in paragraphs numbered 3 and
6 above, such determination shall not affect the validity of the
6
obligaticns or relieve SVSD of its agreement to pay LARP from
sources legally permissable.
13. In the event any paragraph or covenant, or portion
thereof, contained herein is determined by a court of competent
jurisdiction to be invalid, such determination shall not affect
the validity of this Agreement as a whole or any other part or
provision thereof other than the paragraph or covenant or portion
so adjudged invalid. With regard to any such provision adjudged
invalid, the parties shall negotiate and execute an agreement
which will substantially effect in a lawfully manner the results
sought to be achieved in such invalidated paragraph or covenant.
14. LARP agrees to pay the premium for a director's
liability insurance policy for SVSD directors for a period of
three years, at a cost to LARP not to exceed $1,000.00 per year.
LARP agrees to indemnify and hold harmless SVSD and the Directors
of SVSD, in both their official capacity as directors and as
individuals, from and against any and all liability and expense,
including their reasonable attorneys' fees and expenses, as a
--- result of their executing this Agreement and implementing the
provisions thereof. This indemnity is not for the benefit of
third persons, is to supplement, not abrogate, the statutory and
common law immunity of public officials and is to supplement the
00fdirectors liability insurance referred to above.
15. The parties agree and acknowledge that, pursuant
.-I i/o/
Colo. Rev. Stat. 5 32-°—t24 (1973, as amended), the approval
to
by the electors of SVSD of this Agreement is required as a
condition precedent for this Agreement to be effective. SVSD
agrees to hold such an election as soon as reasonably possible.
Upon approval as required by law, this Agreement shall
automatically be effective.
16. This Agreement supercedes and controls all prior
written and oral agreements or representations of the parties and
is a total integrated agreement among the parties.
7
17. This Agreement may not be amended except by
subsequent written agreement by the parties and by compliance
with any requirements of law.
18. Whenever written communications are authorized,
required or desired in connection with this Agreement, the same
shall be deemed given or made when delivered in person, when
addressed to the party for whom intended at the address set forth
below, and deposited in the U.S. mail, certified mail, return
receipt requested, or at such other address as either party may
designate from time to time by written notice given in accordance
with this paragraph:
Los Amigos Ranch Partnership
c/o Thomas E. Neal
Managing Partner
327 South LaSalle Street, Suite 1724
Chicago, Illinois 60604
i/L/1..(1)/Spring Va11ey.Sanitation District
/c, Al Ar gocfmq
() 730 /' 4•f
$,I_ • 1LD
v s,- CO SIP 7.112-
19. This Agreement shall inure to the benefit of, and
be binding upon the parties, their successors in interest and
assigns.
20. By signing this Agreement, the parties acknowledge
and represent to one another that all procedures necessary to
validly contract and execute this Agreement have been performed,
and that the persons signing for each have been duly authorized,
to do so.
IN WITNESS WHEREOF, the parties have executed this
Agreement, duplicate originals, on the day and year first above
written.
LOS AMIGOS RANCH PARTNERSHIP,
a Colorado general partnership
Thomas E. Neal, Managing Partner
"LARP"
SPRING w.' EY S NITATION7DISTRICT
irman ooard of Directors
"SVSD"
8
DELI4EREii JUL 1 1 1g19
SEWAGE TREATMENT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 07,vct day of
J� L , 1979, by and between COLORADO MOUNTAIN JUNIOR
COLLEGE DISTRICT, a junior college district organized under the
Colorado statutes (the "College"), and the owners of the LOS
AMIGOS RANCH P.U.D.: ROBERT W. CHATMAS, JAMES A. R. JOHNSON, and
THOMAS E. NEAL (collectively "Los Amigos").
RECITALS
The College owns the real property described on Exhibit
"A," attached hereto and incorporated herein by this reference
(the "College Property"), upon which it is presently operating a
sewage treatment facility serving the College operations.
This sewage treatment facility is incomplete and is not
adequate in its present condition for the College's long-term
needs.
The Los Amigos Ranch F.U.D. is adjacent to the College
Property, and its owners desire to develop the property
primarily for residential purposes, and to provide a community
sewer system and a community sewage treatment facility for that
portion of said property described on Exhibit "8" attached
hereto and incorporated herein by this reference (the "Los
Amigos Sewered Property").
The topography of the two properties and the location of
the Los Amigos Sewered Property indicates that it is feasible
and economical to treat the sewage from the two properties at
the location of the existing treatment facility on the College
Property. Los Amigos has the necessary approvals to commence
construction upon its development during the 1979 building
season.
Los Amigos is willing to cause the draft Service Plan dated
May 18, 1979, prepared by Wright -McLaughlin Engineers, to be
• •
revised to exclude the Lake Springs development from the
proposed District boundaries.
It is intended by the parties hereto that a sanitation
district to be named the Spring Valley Sanitation District (the
"District") be organized under C.R.S. 1973, Sec. 32-4-101, et
seq., as amended, whose service area would be the area within
the external boundaries of the College Property and the Los
Amigos Sewered Property combined, as shown on the draft Service
Plan prepared by Wright -McLaughlin Engineers, dated May 18, 1979
(the "Plan"), attached hereto and incorporated herein by
reference for all purposes, but whose district boundaries would
be the boundaries of the property described on Exhibit "C,"
attached hereto and incorporated herein by this reference.
The College desires to commence a sewage treatment facility
operators' training program, utilizing the present and future
facilities which are the subject of this agreement. The College
is willing to permit its present sewage treatment facilities to
be upgraded and expanded to provide sewage treatment services to
the two properties and to convey its facilities in a manner
which recognizes the curriculum potential of the facilities for
the College's sewage treatment facility operators' training
program. The College also recognizes that the facilities and
improvements to be constructed, as generally outlined in the
Plan, will enhance the educational experience of the College's
sewage treatment facility operators' training program.
The College has reviewed the Plan and the capital
improvements discussed in the Plan and conceptually agrees with
and approves of the preliminary design of Phase 1, 2, 3, and 4
capital improvements set forth in the Plan. The College
understands that the final Service Plan to be prepared by Los
Amigos will delete the Lake Springs Ranch property from the
District's boundaries but will in all other material aspects be
similar to the draft Service Plan.
• •
The College has need of additional student housing and Los
Amigos is willing to commence construction upon an apartment
project which will be rented with availability preference to
students and staff of the College in the renting of such
apartment units.
It is acknowledged that the College's existing stp'rage
treatment facilities, though presently inadequate for its
present needs both as to capacity and quality of treatment,
could be upgraded by the College to satisfy its present needs
and comply with existing legal requirements for an additional
expenditure of approximately $50,000. It is, therefore,
acknowledged that since no system development fees will be
charged to the College with respect to its existing level of
use, approximately 100 EQR, which the College is receiving in
exchange for the conveyance of its existing facilities together
with leasehold estates in the land and in the expansion land as
described below, the value of the said existing facilities and
leasehold estate in the District (or joint facilities as the
case may be), will be approximately $125,000.
The Governing Committee of the College has found and
determined that the real property or interests in real property
hereinafter described to be leased and the facilities
hereinafter described to be sold and conveyed are not needed by
the College in the foreseeable future for any purpose authorized
by law, except as provided for herein and on the terms and
conditions provided for herein.
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual_ terms, covenants, and conditions contained
herein, the parties agree as follows:
1. Interim Commitment.
(a) The College agrees to permit 96 residential
apartment units, to be built and owned by Los Amigos, to be
connected to its sewage treatment facility as needed, as
soon as the upgrading of. the College lagoons and the
• •
installation of the trunk sewer is accomplished by Los
Amigos at Los Amigos' expense as described in the draft
Service Plan prepared by Wright -McLaughlin dated May 18,
1979 (hereinafter "Phase I improvements"). Los Amigos
agrees that it will contract for the Phase T improvements
to be completed as soon as reasonably practicable, and that
it will pay the cost thereof and shall own said Phase I
improvements.
(b) Los Amigos agrees that prior to commencement of
construction it will submit the plans and specifications
for the Phase I improvements to the College for its review
and approval. Upon submittal to the College, the College
shall, within fifteen (15) days, advise Los Amigos in
writing that it approves of the plans and specifications or
that it disapproves of the plans and specifications stating
with specificity the reason(s) for disapproval; provided,
however, that in the event the College fails to advise Los
Amigos in writing of its decision within the fifteen (15)
day time period, the College's, approval shall be
conclusively presumed. The College's approval shall not be
unreasonably withheld; it being the intent of the parties
that: the College be given the opportunity for input at the
final design stage; and that Los Amigos rely on the
College's conceptual approval of the Phase I improvements
and on approval(s), if any, of the Phase I improvements
that may hereafter be given by local, state, or federal
governments or agencies with jurisdiction over the subject
matter.
(c) In the event the College disapproves the plans
and specifications, the College shall cooperate with Los
Amigos to the greatest extent possible to resolve the
College's concern(s) as expressed in the reason(s) for
disapproval. Upon resubmittal by Los Amigos of the revised
plans and specifications to the College, the procedure set
• •
forth in subparagraph (b) of this paragraph shall apply. In
the event that the College has not approved the plans and
specifications for the Phase I improvements within either:
forty-five (45) days from the date hereof, or within the
fifteen (15) day review period set forth in
subparagraph (b) which commenced before the end of the
forty-five (45) day term, whichever is later; then this
entire Agreement shall be deemed null and void and of no
further force and effect whatsoever.
(d) Before commencement of construction, Los Amigos
agrees that it will deposit into an escrow account with a
bank or other disbursing agent mutually satisfactory to the
parties hereto, a sum of money equal to the contract amount
for the Phase I improvements, to be disbursed by the
disbursing agent upon
pay
estimates signed by the
Contractor and the Los Amigos consulting engineers. As
additional security, Los Amigos represents and warrants to
the College that it presently has upon deposit with
Garfield County a Letter of Credit, the condition for
release of which is the completion of the Phase I
improvements, together with other improvements associtated
with the Los Amigos PUD Development.
2. Conveyance to District. The College is willing to
lease its land and sell its facilities to the District, referred
to in Paragraph 4, infra, within thirty (30) days after it is
formed, upon the following terms and conditons:
(a) The District must agree to provide sewerage
services to the College to meet the College's existing and
future needs, for as long as the College may request, and
that the Char"for "for such sewerage service will be
calculated to include a fair amount for the cost of
operation and maintenance of the facilities, and will not
include any profit nor any amount to retire capital
indebtedness or investment until necessary for, and then
• •
only to the extent of, the capital required for
installation of that portion of the Advanced Waste
Treatment (AWT) facilities which do not include land
treatment. It is expressly agreed and understood that the
District's agreement to provide sewerage services to the
College includes the provision of sewerage services to
others, such as Pinon Alps, to whom the College has
heretofore contractually agreed to provide sewerage
service; provided, however, that the service charges for
such sewerage service to others shall be the obligation of
the College, and the College agrees to pay said charges to
the District; provided further that the College may charge
and collect for such sewerage service in whatever manner as
the College in its sole discretion desires.
(b) The District must agree that with respect to the
College's existing level of sewerage use the College will
not be charged
since the College
is presently on-line with an operating system which it is
conveying to the District; provided, however, that if t:he
State or other applicable governmental authority requires
additional improvements not contemplated in the draft Plan
with respect to the existing level of use but because of
new technical or environmental requirements not in
existence when the Phase I improvements are installed, the
College agrees to pay the cost allocable to its use. The
College agrees that it will he charged a system development
fee with respect to sewage treatment services needed beyond
its existing level of use; provided, however, that the
District must agree that said system development fees shall
never exceed the then -applicable system development fee
charged by the District for similar extensions of service
-6-
r
to new users within the District. The District must agree
that the College will never be required to pay special
service fees or mill levies; provided, however, that the
District may require other users to pay such levies or
charges. All other property owners who connect to the
system within the service area will be charged system
development fees;
(c) In consideration for the College's agreement to
pay system development fees for sewerage services beyond
its existing level of use, the District agrees to undertake
such capital improvements as are necessary and appropriate
to provide sewerage service for the College's future needs,
consistent with economic and engineering feasibility, with
the final Service Plan, and with approvals of said capital
improvements by appropriate federal, state, and local
governments and agencies. The College agrees to provide the
District reasonable notice of its anticipated needs to
facilitate the planning of said capital improvements; and
(d) The District must agree to the following terms
and conditions with respect to the lease of the College's
land and the sale of the existing College sewerage
facilities, together with an easement for the discharge of
effluent across lands owned by the College, if and when
necessary and required, from the treatment facility to
Cattle Creek, (easements for vehicular access to the
treatment facility, and for electrical power and other
utilities. To the extent reasonably practicable, the
Phase I improvement trunk sewer will be located within the
existing staked right-of-way.
(i) The College will lease to the District the
land; containing approximately four (4) acres, upon
which its present sewerage treatment facilities are
located; it being agreed by the parties that Los
Amigos, shall at its sole expense, have a survey of
-7-
• •
the existing fence lines around the plant site
performed and that the property leased shall be the
property so surveyed regardless of the actual acreage.
Said lease shall also include such adjacent land, up
to a maximum of as is reasonably
treatment
ammillirto be generally located westerly of the
existing plant site,/ and also such additional land
generally located westerly of the plant site, up to a
maximum of
required in the future for
required in the future for
the
as is reasonably
shown by the final design plans for such improvements
as approved by the Colorado State Department of
Health. Said lands shall be leased for a lease term of
fifty (50) years, together with an option to renew for
an additional fifty (50) years, for $1.00 per year
rental, by lease instrument containing appropriate and
.
customary anti -waste, insurance, indemnification,
anti -nuisance, and maintenance and repair provisions
and authorizing the future expansion of the facilities
in a manner generally consistent with the final
Service Plan. At such time as the additional land is
needed and will actually be used for the purposes
authorized herein, the District agrees to provide, at
its sole expense, a survey of the property to be so
used, which shall then become the subject of an
addendum to the lease referred to in this paragraph.
The parties shall mutually agree upon the location of
additional acreage as soon as is reasonably practical.
(ii) The existing sewerage facilities owned by
the College shall be conveyed to the District by good
and sufficient general warranty deed and bilr of sale,
as appropriate, subject to the following terms and
c'\
conditions:
(A) The District's commitment to cause any
future expansions of the sewage treatment
facilities to be done in such a way as to
maximize their use in the
if any, consistent with the
interests of the District and with the
maintenance of high quality operations and the
compliance with State standards, and subject to
the College's willingness to pay any increased
costs which would not otherwise be required
except for the operator training program. Prior
to the installation of additional capital
improvements on the land, the designs for the
capital improvements must be submitted to the
governing board of the College, in order to
permit the College to fully explore operator
training aspects of the improvements and to
request any changes with respect thereto at the
planning stage.
(B) The District's commitment to permit the
College to operate the facilities in connection
with its operator training program, if any, at no
cost for labor for the work of College employees
and students, but utilizing the District -pur-
chased utilities services, materials, chemicals,
and such other items as may normally be required
for conventional operation of the treatment
facility, or the District's commitment that in
the event the College elects, from time to time,
not to operate the system, the District
superintendent shall so operate the system as to
make it convenient for the College to conduct
operator training on the site.
00
a
-9-
t +,• :tt�r
L
• •
(iii) At the closing, the College shall convey
to the District the existing improvements by good and
sufficient general warranty deed and bill of sale, as
appropriate. Except as provided for in subparagraph
(iv) of this paragraph, title shall be merchantable in
the College, free and clear of any lien or encumbrance
except easements and rights-of-way for utilities and
drainage as shown on the survey to be provided by
Grantee, and reservations and restrictions of record.
Title shall be subject to no tenancies or use rights
of any kind, except the land lease provided for
elsewhere herein.
After closing, Seller shall provide Purchaser a
title policy issued to the commitment showing
merchantable title in the Grantee, as described above
and except as modified in the manner provided for in
subparagraph (iv) of this paragraph, subject to no
tenancies or use rights of any kind other than the
land lease provided for herein. Purchaser shall pay
all expenses in connection with obtaining such title
policy.
(iv) As soon as reasonably possible, Los Amigos
shall, at its sole expense, provide the College with a
survey of the property to be leased to the District.
The College, at Los Amigos' expense, and within twenty
(20) days after receipt of said survey, shall provide
to the Grantae a preliminary title commitment, issued
by a title insurance company authorized to do business
in the State of Colorado, for owner's and leasehold
coverage in standard ALTA Form B. Los Amigos shall,
within ten (10) days of receipt of the commitment,
advise the College that it is willing to accept title
subject to the exceptions or that it objects to the
-10-
• •
exception(s), specifying with particularity the
exception(s) which must be removed. In the event Los
Amigos objects, the College agrees, within thirty (30)
days, to use its best efforts to correct said
defect(s) in title; provided that if said defect(s)
are not removed within the time provided, Los Amigos
may, at its sole option, either: (1) waive its
objection(s) and the parties shall proceed as provided
in this Agreement; (2) declare the Agreement null and
void
except as
to the provisions of Paragraph 1,
the parties shall proceed as provided for
Paragraph 6;
and void
whatsoever.
or (3) declare
the
entire
and
in
Agreement null
and of no further force and effect
The title commitment and the policy issued
thereunder shall have standard exceptions with respect
to mechanic's liens, rights of parties in possession,
easements not shown by public records, discrepancies,
conflicts
in boundary lines,
shortage in area,
encroachments, and any facts which a correct survey
and visual inspection of the property would disclose,
deleted by endorsement; provided, however, that Los
Amigos shall, at its expense, provide the information
or data required for said deletion and pay the cost of
said endorsement or, at its sole option, treat the
standard exception(s) as a defect in title to which it
objects, in which case the parties shall proceed as
provided in this subparagraph (iv) in the case of such
defects. Copies of all documents pertaining to such
exceptions and other interests required to be
eliminated must be attached to the commitment.
3. Student Housing. It is the intent of the parties
hereto that the students and staff of the College shall, for a
period of ten (10) years .From the execution date hereof, be
given an availability preference by Los Amigos to the 96
-11-
• .
apartment units to be built commencing during the 1979 building
season. Los Amigos intends to commence the construction of eight
(8) apartment buildings, each containing four (4) two-bedroom
units, four (4) one -bedroom units, and four (4) studio units and
agrees to give the students and staff of the College an
availability preference in the rental of said apartments. The
Board of County Commissioners of Garfield County has heretofore
approved the final plat (Los Amigos Ranch P.U.D., Phase 1,
Filing 1) for said apartments conditioned upon and subject to
the provision of sewage treatment service; the execution of this
Agreement will, in the opinion of Los Amigos, satisfy said
condition. Subject to the concurrence of Garfield County,
Los Amigos agrees to record said final plat, to commence
construction of the apartment units, and to use its best efforts
to complete and offer said apartments for rent as follows: two
(2) buildings (24 units) by January 1980; two (2) buildings (24
units) by March 1980; and remaining four (4) buildings (48
units) by September 1980.Los Amigos agrees to periodically
notify the College of the anticipated completion date of the
apartments. Los Amigos agrees to attempt to coordinate the
commencement of the lease periods with the commencement of the
College's quarter periods. Los Amigos further agrees to attempt
to coordinate the termination of its lease periods of leases to
those persons other than College students or College staff
members with the commencement of the College's quarter periods.
Los Amigos shall determine the terms and conditions of leases
for said apartment units, and Los Amigos shall rent said units
in the following manner:
A. In the event two or more persons (or groups of
persons) with equal qualifications make application to Los
Amigos for occupancy of any such apartment unit, the person
who is a member of the student body of the College shall be
accorded the first right to lease the apartment unit, and
the person who is a member of the staff of the College
•
shall be accorded the second right to lease the apartment
unit.
B. In the event a student or staff member has entered
into a lease of an apartment unit as provided for herein,
that person shall, absent good cause shown, be permitted to
renew the lease for the unit upon terms and conditions
determined by Los Amigos.
C. Los Amigos recognizes that members of the student
body and College staff have a need to lease said apartment
units for a term of less than one year. Recognizing this
need, Los Amigos agrees, upon request by the student or
staff member desiring to enter into a lease for said
apartment unit, to lease said unit for a nine (9) month
lease term with rent payable in an amount per month which
results in an aggregate lease payment equal to the
aggregate lease payment of twelve (12) month leases;
provided, however, that:
(i) The lessee of an apartment unit leased on a
nine (9) month term as herein provided shall, subject
to the written consent of Los Amigos, be permitted to
sublease said unit for a three (3) month period
immediately following said nine (9) month term and
said sublease rental payments shall be for the sole
benefit of the lessee up to a maximum amount equal to
rents paid for the three (3) months the apartment was
not occupied by the lessee and after said maximum
amount has been paid, all rents shall be for the sole
and exclusive benefit of Los Amigos; or
(ii) The lessee of an apartment unit leased on a
nine (9) month term as herein provided may elect not
to sublease said unit to Los Amigos, and Los Amigos
shall, in this event, make such unit available for use
by the College upon such reasonable terms and
conditions as Los Amigos may determine and all rents
received shall he divided in the following manner:
• •
One-half (1/2) to Los Amigos and one-half (1/2) to the
lessee up to a maximum amount equal to rents paid for
the three (3) months the apartment was not occupied by
the lessee; and after said maximum amount has been
paid, all rents shall be for the sole and exclusive
benefit of Los Amigos.
4. District Formation.
(a) Los Amigos agrees to use its best efforts to
cause the District to be formed as soon as it is reasonably
practicable, in accordance with the `" o
be prepared by Wright -McLaughlin Engineers of Denver,
Colorado, or other mutually acceptable engineers.
(b) Such final Service Plan shall be submitted to the
College for its review and approval before the Petition for
formation of the District is filed with the Court and
before the final Service Plan is submitted for action or
approval to any local, st.zte, or federal government or
agency. Upon submittal to the College, the College shall,
within fifteen (15) days, advise Los Amigos, in writing,
that it approves of the final Service Plan or that it dis-
approves stating with specificity the reason(s) for
disapproval; provided, however, that in the event the
College fails to advise Los Amigos in writing of its
decision within the fifteen (15) day time period, the
College's approval shall be conclusively presumed. The
College's approval shall not be unreasonably withheld; it
being the intent of the parties: that the College be given
the opportunity for input on matters which affect or
concern the College and its students and staff, its
operators' training program, its assets and property, and
the quality, quantity, dependability, and reliability of
sewerage service to be provided the College by the
District; and that Los Amigos rely on the College's
conceptual approval of the draft Plan.
-14-
• •
(c) In the event the College disapproves the final
Service Plan, the College shall cooperate with the Los
Amigos to the greatest extent possible to resolve the
College's concern(s) as expressed in the reason(s) for
disapproval. Upon resubmittal by Los Amigos of the revised
final Service Plan to the College, the procedure set forth
in subparagraph (b) of this paragraph shall apply. In the
event that the College has not approved the final Service
Plan within either: ninety (90) days from the date hereof;
or within the fifteen (15) day review period set forth in
subparagraph (b) which commenced before the end of the
ninety (90) day term, whichever is later; then this
Agreement shall be deemed null and void and of no further
force and effect whatsoever; provided, however, that Los
Amigos shall be entitled to the benefits conferred by
paragraph 1, supra, in the manner and upon the terms and
conditions provided for in paragraph 6, infra.
5. Conveyance to District. The College's obligation to
convey the presently existing sewage treatment facilities, and
to lease the land, together with all easements and
rights-of-way, is contingent upon the condition that the
District assume and agree to all of the obligations of the
District and Los Amigos to the College provided for herein. It
is expressly agreed that Los Amigos by executing this Agreement
does not have or agree to assume any obligation whatsoever to
perform the obligations of the District as set forth in this
Agreement. Upon the formation of the District and the sale and
lease to the District as provided herein, Los Amigos shall
continue to perform only the obligation set forth in
Paragraph 3, and Los Amigos shall be released from all other
obligations hereunder.
6. Joint Venture. If for any reason, the District has not
been formed before the expiration of six (6) months from the
• •
date hereof, unless the parries hereto mutually agree to extend
said six (6) month period of time, the parties agree to enter
into a Joint Venture to own and operate the then -existing sewage
treatment facilities including those portions of trunk sewers
located topographically below the point where more than one
entity might have connections thereto, together with all
easements and rights-of-way necessary or convenient for the
operation thereof, and together with a leasehold estate in the
Joint Venture substantially similar to that provided for in
Paragraph 2 above. The parties hereto agree to transfer to the
Joint Venture such facilities, easements, rights-of-way, and the
leasehold estate, in accordance with their respective ownership
interests, within eight (8) months from the date hereof, upon
the same terms and conditions set forth in subparagraphs (2)(d)
above, and upon the following additional conditions:
(a) The Joint Venture must agree to obtain appro-
priate connector agreements from the College and Los Amigos
and the owners of any other property which the Joint
Venture permits to connect to the sewage system.
(b) Both Venturers must agree to cause to be recorded
in the office of the Garfield County Clerk and Recorder
covenants running with the land affecting the College
Property and the Los Amigos Sewered Property, which will
create lien rights upon such property to secure enforcement
by the Joint Venture of its rights under the connector
agreements provided for in subparagraph (a) above.
(c) Both Venturers must agree to permit the expansion
or upgrading of the existing facilities owned by the Joint
Venture as may be required by the future requirements of
any applicable governmental authority or as may be required
to accommodate the expanding needs of either Venturer for
additional sewerage services, and to pay the costs thereof
in proportion to its then prior and future use of the: joint
facilities calculated in an equitable manner.
-16-
• •
(d) Both Venturers must agree that prior to
commencement of construction for the expansion or upgrading
of the joint facilities, the party or parties participating
therein will deposit its share of the construction costs
with a mutually agreed upon disbursing agent, to be
disbursed upon pay estimates signed by the contractor and
the consulting engineer hired by the Joint Venture.
(e) Both Venturers must agree that the assets, real
and personal property and accounts receivable of the Joint
Venture shall not be pledged or encumbered nor used in any
way to secure credit for the Joint Venture or the parties
thereto without the prior written consent of both
Venturers; provided further that both Venturers shall
execute appropriate instruments, which shall be recorded
with the Office of the Clerk and Recorder of Garfield
County, to provide notice of the terms of this
subparagraph (e).
7. Petition for Inclusion. The College agrees not to
petition for inclusion into the District at any time before the
expiration of ten (10) years from date hereof; provided,
however, that the College shall be entitled to all rights,
privileges, and benefits accorded members of the District or
accruing to residents or owners of real property within the
District to the extent permitted by law.
8. In the event the approval of any local, state, or
federal government or agency is required to accomplish the
conveyances, transfers of interest, etc., necessary to implement
this Agreement, Los Amigos agrees, at its sole expense, to use
reasonable efforts to secure such approvals; provided, however,
that the College agrees to cooperate as may be necessary to
secure such approvals; provided further that upon the formation
of the District and the conveyance and lease to the District by
the College, the obligations set forth in this paragraph shall
be the sole and exclusive responsibility of the District.
-17-
•
9. In the event the time required by Los Amigos to secure
or provide information, surveys, or other data makes
it
impracticable to close within the time period provided for
above, closing shall occur as soon thereafter as is reasonably
possible upon thirty (30) days notice to the College by the
District that it is ready to close; provided, however, that in
no event shall closing occur later than six (6) months from the
date hereof unless extended by mutual agreement.
10. Specific Performance. It is specifically understood
and agreed that the rights acquired by each party hereto and by
the District are such that the failure of the other party to
perform its obligations hereunder would do irreparable harm to
the nondefaulting party, and there would be no adequate remedy
at law. Accordingly, it is agreed that, in addition to any other
equitable or legal remedies, the obligations of the parties
hereto shall be specifically enforceable by any Court of record
in the State of Colorado.
11. Notices. Whenever written communications are
authorized, required, or desired in connection with this
Agreement, the same shall be deemed given or made when delivered
in person, or when addressed to the party for whom intended at
the address set forth below, and deposited in the U. S. mail,
certified mail, return receipt requested or at such other
address as either party may designate from time to time by
written notice given in accordance with this paragraph:
Colorado Mountain Junior College District
Attention: F. Dean Lillie, President
P. 0. Box 1367
Glenwood Springs, CO 81601
Robert W. Chatmas
James A. R. Johnson
Thomas E. Neal
c/o Robert Chatmas
P. 0. Box 2218
Aspen, CO 81611
• •
IN WITNESS WHEREOF, the parties hereto have set their hands
to triplicate originals on the day and year first above written.
• COLORADO MOUNTAIN JUNIOR COLLEGE
DISTRICT
ATTE
Do is A. Ba H, y-,etary,
Governing Committee
STATE OF COLORADO )
)
County of Ga►' IQ-ld )
SS.
BY t/% l9 c1,/CG'1 22�
avid J. Dynn, Chairman,
Governittfg Committee
By
ean'Lil le, President
LOS AMIGOS RANCH P.U.D.
14,qt- a/.. (7
Ro ert W. Chatmas
Ja -sA. R. Jofison
Thomas E. Neal
The foreg 'ng instrument was acknowledged before me this
day of � , 1979, by DAVID J. DUNN,
Nhairman, Gove ing Committee, Colorado Mountain Junior College
District; and by DORIS A. BAILEY, Secretary, Governing
Committee, Colorado Mountain Junior College.
Witness my hand and official Seal.
My Commission expires : ( {�, /,3) � U
N ary Public
4:0
1 •
STATE OF COLORADO )
ss.
County of
The foregoing instrument
this day of j t4--)
LILLIE.
was acknowledged before me
1979, by F. DEAN
Witness my hand and official Seal.
My Commission expires:
STATE OF COLORADO
ss.
County of Garfield )
Le £/J
,y.
h , l&a(1-1,F/'-1
Notary Public
The foregoing instrument was acknowledged before me this
5th day of June , 1979, by ROBERT W.CHATMAS.
Witness my hand and official Seal.
My Commission expires: April 11, 1983
Notary 1Mblic
STATE OF /f4tz-"e)
,/ ) s s .
County of PTCA -ICA )
p The foregoing instrument was acknowledged before me this
2:.- day of J o cel
Witness my hand.and official Seal.
My Commission expires:
, 1979, by JAMES A. R.JOHNSON.
STATE 0 )
ss.
County of )
JAMES O.OL.SON
NOTARY PUBLIC. Hennepin tale?. Wis.
My Commissfon [spree J.. at. 19110
The for of g instrument was acknowledged before me this
„14. day of �,-„ J , 1979, by THOMAS E. NEAL.
W 'mess - my hand and official Seal.
My Commission expires: -27-/ L2
ot.ry Pubes`
• •
EXHIBIT A
to
Sewage Treatment Services Agreement
The real property described in instruments recorded
in the Office of the Clerk and Recorder of Garfield County,
State of Colorado, at:
Book 381,
Book 385,
Book 438,
Book 500,
Book 396,
Book 429,
Book 429,
Book 396,
Book 495,
Book 488,
Page 33, Reception No. 236672;
Page 547, Reception No. 238393;
Pages 540-541, Reception No. 256352;
Pages 930-932, Reception No. 280798;
Pages 36-38, Reception No. 241439;
Page 411, Reception No. 253336;
Page 410, Reception No. 253335;
Pages 39-40, Reception No. 241440;
Page 687, Reception No. 278031;
Pages 920-922, Reception No. 274609.
• •
EXHIBIT B
To
Sewage Treatment Services Agreement
A parcel of land situated in part of Government Lut
4 in Section 8, Township 7 South, Range 88 West of
the Sixth Principal Meridian, Government Lots 4 and 6
of Section 6 in said Township and Range, Section 5
of said Township and Range, and Government Lot 7 and the
SEkSEk of Section 32, Township 6 South, Ramie 88 West of
the Sixth Principal Meridian, and Government: Lots 18
and 19 in Section 33 of said Township 6 South, Range 88
West. Allan the County of Garfield, State of Colorado.
Said parcel lying westerly and northwesterly of the
"Westerly Line' of County Road Number 114 (College
Road) as described in Document Number 274609 (being Look
488, Page 920) as on file in the Garfield County Rec:)rd:,;
(NOTE: The bearings on said "Westerly Line" have been
rotated for this description 00°12'12" right to match
basis of bearings) northeasterly, impart, of the
centerline of a 30.00 foot sanitary sewage trunk line
easement. Said parcel being more particularly
described as follows:
Beginning at the Northeast Corner for said Section 8,
a stone corner, found in place, and properly marked;
thence N. 09°41'40" E. 1134.05 feet to a point on
said "Westerly Line" of County Road Number 114, said
point being also on the easterly line of said Section 5,
the True Point of Beginning; thence, leaving said
easterly line, S. 72°19'48" W. 613.04 feet along said
"Westerly Line"; thence S. 64'22'32" W. 392.30 feet
along said "Westerly Line"; thence S. 44.10'50" W.
132.65 feet along said "Westerly Line"; thence S. 32°
19'12" W. 1473.78 feet 1473.78 feet along said "Westerly
Line"; thence S. 15°10'20" W. 144.01 feet along said
"Westerly Line"; thence S. 03'24'30" W. 236.16 feet along
said "Westerly Line" to a point on the centerline of
said 30.00 foot sanitary sewer trunk line easement;
thence, leaving said "Westerly Line", N. 62°02'06" W.
76.11 feet along said centerline; thence N. 68°42'34"
W. 284.75 feet along said centerline; thence N. 28°
12'44" W. 392.49 feet along said centerline; thence
N. 03.45'18" E. 222.69 feet along said centerline;
thence N. 17.45'09" W. 310.70 feet along said
centerline; thence N. 43'05'32" W. 228.37 feet along
said centerline; thence N. 54'43'45" W. 277.91 feet along
said centerline; thence along said centerline along a
curve to the left, having a radius of 356.04 feet and
a central angle of 34.12'04", a distance of 212.53
feet (chord bears N. 78.57'54" W. 209.39 feet) to the
point of terminus of said 30.00 foot easement centerline;
thence, leaving said centerline S. 73.08'00" W. 440.00 feet;
thence N. 27'41'00" W. 1970.00 feet; thence N. 00°18'00" E.
320.00 feet; thence N. 79'25'00" W. 360.00 feet; thence
N. 47'10'00" W. 1430.00 feet; thence N.
feet; thence N. 10°32'00" E. 470.00 feet; thence" N. 72°00000"
E. 720.00 feet; thence S. 35.35'00" E. 1620.00 feet; thence
N. 32.06'00" E. 2150.00 feet; thence S. 43°31'00" E. 890.00
feet; thence 3. 22'10'00" E. 840.00 feet;
thence
E. 430.00 feet; thence N. 16.37'00" E. 1724.19 feet toethe00"
northerly line of said Section 5; thence S. 89'43'26" E.
620.25 feet along said northerly line to the southwesterly
corner of the SE1/4SE4 of said Section 32; thence leaving said
northerly line N. 01'48'29" E. 2601.65 feet along the westerly
lines of said SE:SE4 and Government Lot 7 of
thence, leaving said westerlyline S. 29°00'23"3id Section301 f2;
along said Lot 7 boundary; tence S. 01'4'2 W. 4 E. 75.48 feet
along said Lot 7 boundary; thence S. 87.15'05" E. 1179.82 fent
along said Lot 7 boundary; to a point on the easterly line
of said Section 32; thence S. 01.14'01" W. 2073.04 feet along
said easterly line to the Southeast Corner of said Section 32;
thence, leaving the easterly line of said Section 32, S. 00°04'37"
W. 2685.36 feet along the easterly line of said Section 5
to the East Quarter Corner of said Section 5; thence S. 00'
32'12" W. 1445.52 feet along the easterly line of said Section
5 to the True Point of Bec;inninQ.
Also including all of Government Lots 18 and 19 of Section
33, Township 6 South, Range 88 West of the Sixth Principal
Meridian.
Save and except all those lands as desctibed in Document
Numbs 256352 (being Book 438 at Page 540),as on file in the Garfield
County records, which lie within the above described parcel.
Said parcel containing 529.66 acres, more or less.
•
EXHIBIT C
To
Sewage Treatment Services Agreement
The real property described on Exhibit B to Sewage
Treatment Services Agreement, excepting therefrom the following
described real property:
A parcel of land situated to part of Covernment Lot , c,, 1(i, .,.,n
11 in Section 5. Township 7 South, kan,e 8.9 t,',• ;t ,•f th.: t xtl,
Principal Meridian. to the County of Garfield. State of r"l"r1,10.
Said parcel lying northwesterly of the northwe.:tPr1, r1;l,t-of-ay
line for County Rngd Number 114 (Cu11rFr it r, rid), heiny, jO.(,t, felt
from and parallel to the centerline of 4,11d County Road
constructed and In place. Said parcel being more particularly
described as follows:
Beginning at the Northeast Corner of Stctic,n 8 in r.aid
Township and Range. a stone corner found in place and l•rupurly
marked; thence N. 60'02'19" W. 1048.55 fent to a r,utnt on ',aid
northwesterly right-of-way line. the Tru,_ Point_ if P,rEi1n1116;
thence, leaving sold right-of-way line. S. 89°(l5'7)4" W. 3(,(i.82
feet; thence S. 72'41'46" W. 501.54 feet; thence N. 15'•i0'i.(," W.
389.18 feet; thence N. 72'37'24" E. 298.91 feet; thence N. S/'
46'36" E. 989.84 feet; thence S. 25'44'45" E. 53'#.12 fret t., n
point on said northwesterly right-of-way line; tl,, nee S. ( ''1.')'
48" W. 103.37 feet along said right-of-t.� tv. l ine; t h, net 11/./r) fr i t
along the arc of a curve to the left along nnid rt};ht-of-w:,v
having a radius of 554.15 feet and a chord w'iir 1, !,ear,. S. (,').
35'54" W. 346.87 feet; thence S. 31'21'9" W. 1t):.'1 feet
,said right-of-way line to the True Point of
,Said parcel_contatning 14.63 acres. more or__1Ga
Recorded ao'clock M ,
N
Reception o
10-
THIS DEED, Made this 22nd day of February ' 1962 '
between LOS AMIGOS RANCH PARTNERSHIP
Recorder.
RECORDER'S STAMP
of the County of Garfield and state of
Colorado, of the first part, and Linda Murr, CArolyn Kindall,
Virgil Kindall, Harold Kindall, Wilmer Kindall, Keith
Kindall, Evano Kindall, and Larry Kindall
whose legal address is Box 6, Glenwood Springs, CO
of the County of Garfield and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
1'EN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS,
to the said part y of the first part in hand paid by the said part ies of the second part, the receipt whereof
is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents doeS remise, release, sell, convey and QUIT CLAIM unto the said partleSof the second part, their heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part
has in and to the following described lot or parcel of land situate, lying and being in the County
of Garfield and State of Colorado, to wit:
SEE ATTACHED EXHIBITS "A" through "D" .
also known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said partlesof
the second part,t]-leilheirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part haS
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF echJ1()i)S
County of COOK
The foregoing instrument was acknowledged before me this
N82,1)37* THOMAS E. NEAL
My commission expires 9 / 2 8
hereunto set its hand
[SEAL]
LOS AMIGOS RANCH PARTNERSHIP
[SEAL]
By:
Thomas E. Neal
u_._ • •_
[SEAL]
22nd day of February
, 198 4 . Witness my hand and official seal.
C (/f' L'
SEAL]
Notary Public.
No. 933. QUIT CLAIM DEED. Ri dFord 611.1 l akcaood. Ctt x0214-13031233-6900-6-81
ELDORADO ENGINEERING COMPANY / CONSULTING ENGINEERS / REGISTERED LAND SURVEYORS
823 BLAKE AVENUE / P.O. BOX 669 / GLENWOOD SPRINGS, COLORADO 81601 / 303-945-8596
• ` �Xul`11\
29 December 1931
Job No. 81341
LEGAL DESCRIPTION - Quit Claim Deed, 0.656 Acre Parcel
A. parcel of land situate in the SE 1/4 of Section 31 , To!:nship
6 South, Range 88 West of the 6th Principal Meridian, being_ more
particularly described as follows:
3e, inning at a Garfield CountySurveyor r
3 S rv:.,nr �,ra_,s cap in place and
properly marked for the east quarter corner of said Section 31;
thence along a fence line S 05' 06' 10" 'A 1305.89 feet to a fence
corner; thence continuing along said fence line N 89' 43' 23" E a
distance of 43.88 feet to a point on the east line of said SE
1/4; thence along the east line of said SE 1/4 03° 10' 51" E
1302.51 feat to the point of beginning, containing 0.656 acres
more or less. •
ELDORADO ENGINEERING COMPANY / CONSULTING ENGINEERS / REGISTERED LAND SURVEYORS
823 BLAKE AVENUE / P.O. BOX 669 / GLENWOOD SPRINGS, COLORADO 81 601 / 303-945-8596
• a-14 lb
2.9 December 1931
Job No. 81341
LEGAL DESCRIPTION - Quit Claim Deed, 2.442 Acre Parcel
A parcel of land situate in the northeast quarter of the southeast
quarter of Section 32, Township 6 South, Range 88 blest of the 6th
Principal Meridian, being more particularly described as follows:
Beginning at the northwest corner of the northeast -quarter of the
southeast quarter of said Section 32; whence a Garfield County
Surveyor brass cap in place and properly marked for the center
quarter corner of said Section 32 rears N 39° 00' 23" W 1314.62
feet; thence along the north line of the said northeast quarter of
the southeast quarter S 39° 00' 23" E 109.22 feet to a fence line
as -built and in place; thence S 04° 05' 57" W 473.70 feet along
said fence line; thence S 04° 24' 02." W 823.82 feet along said
fence line to the south line of the said northeast quarter of
the southeast quarter; thence along the south line of the said
northeast quarter of the southeast quarter N 890 22' 07" U 52.79
feet to the southwest corner of the said northeast quarter of the
southeast quarter; thence N 01° 43' 29" E 1300.83 feet along the
west line of the said northeast quarter of the southeast quarter
to the point of beginning, containing 2.442 acres more or less.
ELDORADO ENGINEERING COMPANY / CONSULTING ENGINEERS / REGISTERED LAND SURVEYORS
823 BLAKE AVENUE / P.O. BOX 669 / GLENWOOD SPRINGS, COLORADO 81 601 / 303-945-8596
• (;A-vi.p-4 c •
29 December 1931
Job No. 31341
LEGAL DESCRIPTION - Quit Claim Deed - 0.706 Acre Parcel
A tract of land situate in the southeast 1/4 of the southeast 1/4
of Section 32, Toi•rnship 6 South, Range 83 West of the 6th Principal
Meridian, being more particularly described as follows:
Beginning at Garfield County Surveyor brass cap in place and properly
marked for the center quarter corner of said Section 32; thence S 89°
00' 23" E 1314.62 feet. along the north line of the northwest 1/4 of
the SE 1/4 of said Section 32; thence S 01° 48' 29" W 1300.33 feet
along the east line of the NW 1/4 of the SE 1/4 of said Section 32 to
the northwest corner of the SE 1/4 -of the SE 1/4 of said Section 32
and the true point of beginning; thence S 89° 22' 07" E 52.79 feet
along the north line of the SE 1/4 of the SE 1/4 of said Section 32
to a fence line as built and in place; thence S 04° 24' 02" W 1166.35
feet along said fence line to a point on the west line of SE 1/4 of the
SE 1/4 of said Section 32; thence N 01° 43' 29" E 1164.57 feet along
the west line of the SE 1/4 of the SE 1/4 of said Section 32 to the
true point of beginning, containing 0.706 acres more or less.
EXHIBIT "D"
a,
[[ M
D
• M
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z a LEGAL DESCRIPTION - Quit Claim Deed
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• o A parcel of land situate in the northeast quarter of the southeast
• 0 quarter of Section 32, Township 6 South, Range 88 West of the 6th
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z z Principal Meridian, being more particularly described as follows:
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D 0 Commencing at the northwest corner of said southeast quarter of Section
co z o 32; thence S 89° 00' 25" E along the east - west centerline of said
3 Section 32, a distance of 1423.84 feet to the true point of beginning;
o thence continuing S 89° 00' 25" E along said east - west centerline,
z m a distance of 29.78 feet to the northwest corner of Government Lot 6;
d thence S 01° 41' 27" W along the west line of said Lot 6, a distance
of 475.48 feet to the southwest corner of said Lot 6; thence N 86°
o „ 11' 34" W, a distance of 49.72 feet to a fence line as -built and in
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place; thence N 04° 05' 57" E along said fence line, a distance of
z w 473.70 feet to the true point of beginning, containing .433 acres
EE w Q more or less.
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OFFICES: GLENWOOD SPRINGS • RIFLE • DURANGO
• { .
1
(-•
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case Nos. W-3873 and W-3893
COPY
ik ir-inal Filed' - 7. 610
Deputy'--------
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF ROBERT W. )
CHATMAS AND JAMES A. R. JOHNSON )
) STIPULATION AND AGREEMENT
IN THE ROARING FORK RIVER )
OR ITS TRIBUTARIES )
IN GARFIELD COUNTY )
COMES NOW, the Applicants Robert W. Chatmas and James A. R.
Johnson (hereinafter "Los Amigos"), by and through their attorneys
Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., and the
Objector Colorado Mountain Junior College District (hereinafter "CMC") , by
and through its attorney James M. Larson;
WITNESSETH:
WHEREAS, in Case No. W-3873, Los Amigos filed an Application for
Water Rights for the Rancho Los Amigos Well No. 6 (hereinafter "Well
No. 6") , to be used to supply water to a residential land development
(hereinafter "Los Amigos Ranch P.U.D."); and
WHEREAS, in Case No. W-3893, Los Amigos filed an Application for
Change of Water Rights for the Los Amigos Well No. 5 (hereinafter "Well
No. 5") to make the point of diversion of Well No. 6 an alternate and.
supplemental point of diversion for Well No. 5; and
WHEREAS, CMC timely filed Statements of Opposition in Case Nos.
W-3873 and W-3893; and
WHEREAS, CMC currently is the owner of: Colorado Mountain College
Well No. 1, decreed absolutely and unconditionally for 0.9 c.f.s. in Case
No. W-403, on April 18, 1972, in Garfield County, Colorado, with an
appropriation date of May 8, 1967; Colorado Mountain College Well No. 2,
decreed absolutely and unconditionally for 0.9 c.f.s. in Case No. W-404,
on April 18, 1972, in Garfield County, Colorado, with an appropriation
date of May 16, 1972; Colorado Mountain College Well No. 3, decreed
•
absolutely and unconditionally for 0.09 c.f.s. in Case No. W-405, on
April 18, 1972, in Garfield County, Colorado, with an appropriation date
of March 31, 1967; and Colorado Mountain College Well No. 4, decreed
absolutely and unconditionally for 0.22 c.f.s. in Case No. W-406, on
April 18, 1972, in Garfield County, Colorado, with an appropriation date
of March 1, 1967; and
WHEREAS, Los Amigos is the owner of or Applicant for, among others,
the following underground water rights: Los Amigos Well No. 5, decreed
absolutely and unconditionally for 0.66 c.f.s. in Case No. W-2156, on
July 23, 1974, in Garfield County, Colorado, with an appropriation date of
August 22, 1963; and Rancho Los Amigos Well No. 6, filed August 31, 1978,
and involved herein as Case No. W-3873, Water Division No. 5, State of
Colorado; and
WHEREAS, the underground water rights owned by CMC, and owned or
currently applied for by Los Amigos, as above recited, have as their
source of supply the Spring Valley Acquifer, which the parties agree is
non -tributary to Cattle Creek; and
WHEREAS, the parties hereto wish to provide for the orderly
administration of the Spring Valley Acquifer vis-a-vis the parties; and
WHEREAS, Los Amigos and CMC have amicably reached a settlement in
the above -captioned cases and seek a prompt disposition thereof upon the
terms and conditions herein set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants
and promises contained herein, the parties agree and stipulate as follows:
1. Upon approval of the terms and conditions of this Stipulation
and Agreement by the Court, CMC shall be deemed to consent to the entry
of decrees incorporating such terms and conditions by the Court, granting
the Application filed in Case No. W-3873 and the Application filed in Case
No. W-3893, and shall withdraw its Statements of Opposition thereto.
2. Los Amigos agrees that, anything herein to the contrary
notwithstanding, Well No. 5 is and shall have a priority junior to those of
Colorado Mountain College Wells Nos. 1 through 4, inclusive (said CMC
wells having been adjudicated in Case Nos. W-403 through W-406, as set
forth more fully above) .
-2-
3. Los Amigos and CMC agree to constantly monitor, and to maintain
written records thereof on a monthly basis, concerning the water level and
diversions of their respective wells, at each party's own expense, by
installing totalizing flow meters or other appropriate measuring devices on
each party's respective wells above identified within one (1) year from
the execution date hereof. The parties agree further to cooperate toward
the orderly development of the Spring Valley Acquifer by providing one
another reasonable inspection of said records upon written request of
either party hereto. Los Amigos further agrees to monitor on a monthly
basis, at its sole expense, the flow of water from Landis Creek and Spring
Valley to the Roaring Fork River, such flows being commonly denominated
as the "Red Canyon Spill," and to provide written information thereof to
CMC.
4. Los Amigos hereby agrees to limit its average annual diversions
from its wells above identified to the average annual acre-feet diversions
set forth in the Permits to Construct a Well issued by the Office of the
State Engineer.
5. It is expressly understood by the parties hereto that injury may
occur to the water rights of CMC as a direct result of Los Amigos or other
junior appropriators who, as a result of their groundwater withdrawals
over time, cE use a lowering of the water table in the Spring Valley
Acquifer because the average annual depletions therefrom exceed the
average annual recharge rate of the Spring Valley Acquifer. In the event
of a lowering of the water table to the injury of CMC, Los Amigos agrees,
at its sole expense, to commence and prosecute efforts, including court
action if necessary, designed to curtail diversions by third -party junior
appropriators to alleviate the injury to CMC. If such efforts do not result
in the alleviation of injury to the water rights of CMC, then CMC may take
whatever action is necessary to cause Los Amigos to curtail its diversions
from its wells herein described, or take other effective remedial measures
to whatever extent necessary to alleviate the injury to CMC. Nothing
contained within this paragraph shall be construed to limit in any manner
any remedies in law or at equity that CMC may have to avoid injury to
the water rights of CMC described herein.
•
6. The Court shall retain jurisdiction of these cases, pursuant to
C.R.S. 1973, 37-92-304(6), as amended, for a period of ten (10) years from
the entries of decrees herein, and CMC shall have the right to reopen
these proceedings at any time during said period as often as necessary for
reconsideration by the Court of the question of injury to its decreed water
rights; provided, however, nothing contained, within this paragraph shall,
impair or limit the rights of CMC set forth in Paragraph 5, supra.
7. Los Amigos agrees that CMC shall have the right, including,
without limitation, for purpose of the implementation of Paragraph 5,
supra, to make diversions from the CMC Wells 1 through 4 set forth herein
up to the amounts set forth in the individual decrees for said water
rights.
8.
Los Amigos and CMC agree to enter
into good
faith
negotiations
in an attempt to arrive at --but neither is obligated to arrive at --an
Agreement designed to permit an interconnection of water facilities of the
respective parties for mutual emergency water supplies.
9. By signing this Stipulation and Agreement, the parties hereto
acknowledge and represent to one another that all procedures necessary to
validly contract and execute this Stipulation and Agreement have been
performed and that persons signing for each party have been duly
authorized to do so.
10. This Stipulation and Agreement shall be binding upon and inure
to the benefit of the heirs, devisees, legal representatives, successors,
and assigns of Los Amigos, and the successors and assigns of CMC.
WHEREFORE, the parties have executed this Stipulation`/ and
Agreement, in triplicate originals, on the / day of -eePGl.!!
1979.
�ativt,,m
JAMES M. LARSON #2603
Attorney for Colorado By
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P. C.
Attorneys for Robert W. Chatmas
and James A. R. Johnson
4" li
Mountain Junior College oyl E. Leave 'w rth, #6696
District LCevii �r . Patri k, #9124
719 Grand Avenue 1011 Grand AVenue
P. 0. Box 476 P. 0. Drawer 2030
Glenwood Springs, CO.81601 Glenwood Springs, CO 81601
PH (303) 945-8659 PH (303) 945-2261
-4-
•
IN TIIE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-3873
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF
ROBERT W. CHATMAS AND JAMES A. R. )
JOHNSON
IN THE ROARING FORK RIVER
IN GARFIELD COUNTY
F1LED
IN WATER COURT
Division Nu. 5
MAY 3 01980
STATE OF COLORADO
WA TER CLERK
() Sc.l JA.,-., _
BY DE?UT+
RULING OF REFEREE
The above entitled application was filed on August 31, 1978,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 6th day of September, 1978, and again, after Stipulation, on
January 15, 1980, in accordance with Article 92 of Chapter 37,
Colorado Revised Statutes 1973, known as the Water Right Deter-
mination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect to
the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to -wit:
1. The statements in the application are true. The statement
of opposition has been effectively withdrawn by stipulation between
the parties involved.
2. The name of the structure is Rancho Los Amigos Well No. 6.
3. The names of the claimants and address: Robert W. Chace
and Jaynes A.R. Johnson; P.O. Box 2218; Aspen, Colorado.
4. The source of the water is a well having a depth of 300 feet,
and being tributary to the Roaring Fork River.
5. The well is located in the NE' SE; of Section 5, T. 7 S.,
R. 88 W. of the 6th P.M. at a point whence the Northeast Corner of
said Section 5 bears N. 10°17' E. 2,844 feet.
6. The proposed use of the water is all municipal uses, including,
without limitation, irrigation, domestic, manufacturing, commercial,
industrial, mechanical, fire protection, power generation, fish and
wildlife propagation, recreation, aesthetic, and all other beneficial
uses; exchange, substitution, replacement or augmentation; storage for
system balance and adjustment in connection with any and all uses
proposed herein; however, some of the proposed uses are not recognized
benefcial uses of water.
7. The date of initiation of appropriation is July 27, 1978.
8. The amount of water claimed is 0.66 cubic foot of water per
second of time, conditional.
- -1-
,W-38:73
9. The well has not been completed and the water has not been
diverted and applied to beneficial use.
10. On January 25, 1979, Permit No. 23966-F was issued by the
Office of the State En..ineer, subject to the following "conditions
of approval":
This well shall be used in such a way .as to cause no material
injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to
another vested water right or preclude another owner of a
vested water right from seeking relief in a civil court action.
1) The approval of this permit is subject to the approval of
a Decree (Case No. W-3873) filed in Water Division No. 5, State
of Colorado prior to the use of this well.
2) The test data and results of all aquifer Lest that are
conducted on this well, shall be submitted to the Division
of Water Resources.
3) This well shall be constructed at least 600 feet from
any existing well(s).
4) A totalizing Flow meter must be installed on the well
discharge when this water supply is put to beneficial use.
Diversion records shall be submitted, upon request, to the
Division.
5) Average annual appropriation from this well shall not
exceed 300 acre-feet.
6) The pumping rate of the well shall be limited to 300
gallons per minute or the actualyield of the aquifer, which-
ever is less.
11. On October 31, 1978, a Statement of Opposition was filed
by Colorado Mountain Junior College District, and as a result, on
November 30, 1978, the application was re-referred by the Water
Referee to the Water Judge for Water Division No. 5.
12. On January 7, 1980, the applicant and the objector filed,
in Water Court for Water Division No. 5, a Stipulation and Agreement
which contained the following pertinent provisions:
A. Upon approval of the terms and conditions of this Stipulation
and Agreement by the Court, CMC shall be deemed to consent to the
entry of decrees incorporating such terms and conditions by the Court,
granting the application filed in Case No. W-3873, and shall withdraw
its Statement of Opposition thereto.
B. Los Amigos and CMC agree to constantly monitor, and to maintain
written records thereof on a monthly basis, concerning the water level
and diversions of their respective wells, at each party's own expense,
by installing totalizing flow meters or other appropriate measuring
devices on each party's respective wells above identified within one
(1) year from the execution date hereof. The parties agree further to
cooperate toward the orderly development of the Spring Valley Acquifer
by providing one another reasonable inspection of said records upon
written request of either party hereto. Los Amigos further agrees to
monitor on a monthly basis, at its sole expense, the flow of water
from Landis Creek and Spring Valley to the Roaring Fork River, such
flows being commonly denominated as the "Red Canyon Spill," and to
provide written information thereof to CMC.
C. Los Amigos hereby agrees to limit its average annual diversions
from this well to the average annual acre-feet diversion set forth in
the Permit to Construct a Well issued by the Office of the State Engineer
D. It is expressly understood by the parties hereto that injury
may occur to the water rights of CAC as a direct result of Los Amigos
or other junior appropriate who, as a result of their groundwater
withdrawals over time, cause a lowering of the water table in the
Spring Valley Acquifer�because the average annual depletions therefrom
exceed the average annual recharge rate of the Spring Valley Acquifer.
In the event of a lowering of the water table to the injury of CMC,
Los Amigos agrees, at its sole expense, to commence and prosecute
efforts, including court action if necessary, designed to curtail
diversions by third -party junior appropriators to alleviate the
injury to CMC. If such efforts do not result in the alleviation
of injury to the Water Rights of CMC, then CMC may take whatever
action is necessary to cause. Los Amigos to curtail its diversions
from its wells herein described, or take other effective remedial
measures to whatever extent necessary to alleviate the injury to
CMC. Nothing contained within this paragraph shall be construed
to limit in any manner any remedies in law or at equity that CMC
may have to avoid injury to the water rights of CMC described herein.
.E. The Court shall retain jurisdiction of this case, pursuant to
CRS 1973, 37-92-304(6), as amended, for a period of ten (10) years
from the entry of a decree herein, and CMC shall have the right to
reopen these proceedings at any time during said period as often as
necessary for reconsideration by the Court of the question of injury
to its decreed water rights; provided, however, nothing contained
within this paragraph shall impair or limit the rights of CMC set
forth in Paragraph D supra.
F. Los Amigos agrees that CMC shall have the right, including,
without limitations, for purpose of the implementation of Paragraph D,
supra, to make diversions from the CMC Wells 1 thru 4 in the amounts
as set forth in the individual decrees for said water rights.
G. Los Amigos and CMC agree to enter into good faith negotiations
in an attempt to arrive at --but neither is obligated to arrive at --an
Agreement designed to permit an interconnection of water facilities of
the respective parties for mutual emergency water supplies.
As a result of the Stipulation, the application was again referred
to the Water Referee by the Water Judge for Water Division No. 5.
The Referee does therefore conclude that the above entitled
application should be granted insofar as it is consistent with the
terms of the Stipulation as set forth in paragraph 12 above, and that
0.66 cubic foot of water per second of time, not to exceed 300 acre
feet of water per year, with appropriation date of July 27, 1978,
.is hereby awarded conditionally to Rancho Los Amigos Well No. 6,
for municipal, irrigation, domestic, manufacturing, commercial,
industrial, mechanical, fire protection, power generation, fish and
wildlife propagation, and recreation purposes, provided always 0.66
cubic foot of water per second of time (limited to a maximum with-
drawal of 300 acre feet per year) is on the condition that said
quantity of water be applied to the above beneficial uses within
a reasonable time; subject, however, to all earlier priority rights
of others and to the integration and tabulation by the Division
Engineer of such priorities and changes of rights in accordance
with law, and further subject to the "conditions of approval" of
•N-3873
the permit as sot forth in paragraph 10 above.
Application for a quadrennial finding of reasonable diligence
shall be filed in May of 1984 and in May of
year thereafter so long as claimant desires
every fourth calendar
to maintain this
conditional water right or until a determination has been
made that
this conditional water right has become an absolute water right
reason of the completion of the appropriation.
It is accordingly ORDERED that this ruling shall be filed
with the Water Clerk and shall become effective upon such filing,
subject to Judicial review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be
by
filed with the appropriate Division Engineer and the State Engineer.
-14
Dorle at the City of Glenwood Springs, Colorado, this
day of
, 1980.
1�0 prO193 vas filed in this rn••:(
The foreg ng ruling is con;; •
and approved, and is ry;-:c! :.
�r>ii1L.. .11.1&:C; F.
BY THE REFEREE:
4-6
Wate9'Referee
Water Division No. 5
State of Colorado
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
• Application No. W-3893
IN TIIE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF )
ROBERT W. CHATMAS AND JAMES A. R. )
JOHNSON
IN THE ROARING FORK RIVER )
IN}GARFIELD COUNTY
The above entitled application
RULING OF REFEREE
7
FILED
iN WATER COUR1
Division No. 5
MAY 3 01980
STATE OF COLORADC
WATER CLEF
n5c,1,.Sw.
DY DEPUTY ()
was filed on September 29, 1978,
and was referred to the undersigned as Water Referee for
Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 20 th day of October, 1979, and again, after Stipulation,
on January 15, 1980, in accordance with Article 92 of Chapter 37,
Colorado Revised Statutes 1973, known as The Water Right Determination
and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to -wit:
1. The statements in the application are true. The statement
of opposition has been withdrawn as a result of a Stipulation filed
by the applicant and the opposer.
2. The names of the structure involved are (a) Los Amigos
Well No. 5, and (b) Ranch Los Amigos Well No. 6.
3. The names of the claimants and address: Robert W. ChF1aS
and James A.R. Johnson; P.O. Box 2218; Aspen, Colorado.
4. The source of the water for Los Amigos Well No. 5 is a
well having a depth of 260 feet.
The source of the water for Rancho Los Amigos Well No. 6
is a well having a depth of 300 feet.
Both wells are tributary to the Roaring Fork River.
5. (a) Los Amigos Well No. 5 is located in Lot 6, Section 5,
T. 7 S., R. 88 W. of the 6th P.M. at a point whence the East Quarter
Corner of said Section 5 bears N. 41007'43" E. 974.55 feet.
(b) Rancho Los Amigos Well No. 6 is located in the NE4 SE;
of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a point whence
the Northeast Corner of said Section 5 bears N. 10°17' E. 2,844 feet.
6. On April 1, 1974, in Case No. W-2156, the Water Referee for
Water Division No. 5 awarded to the Los Amigos Well No. 5, an absolute
water right for 0.66 cubic foot of water per second of time for
municipal, commercial, domestic, and industrial uses, with approp-
riation date of August 22, 1963. This Ruling of the Referee was
confirmed and made a Decree of the Court on July 23, 1974.
..
W-3893
(a) Simultaneously with this current proceeding, in Case No. W-3873,
the Water Referee for Water Division, No. 5 awarded to Rancho Los Amigos
Well No. 6, a conditional water right for 0.66 cubic foot of water per
second of time, with a.maximum annual withdrawal of 300 acre feet of
water, to be used for municipal, irrigation, domestic, manufacturing,
commercial, industrial, mechanical, fire protection, power generation,
fish and wildlife propagation, and recreation purposes, with approp-
riation date of July 27, 1978. This Ruling of Referee is subject to
Judicial review by the Water Judge of Water Division No. 5.
7. On September 29, 1978, the claimant filed, in Water Court
for Water Division No. 5, an application for change of water right in
which is is requested that the point of diversion of Rancho Los Amigos
Well No. 6, at the location as described in paragraph 5(b) above,
be designated as an alternate point of diversion for the water
previously awarded to Los Amigos Well No. 5.
8. On November 30, 1978, a Statement of Opposition was filed
by Colorado Mountain Junior College District, and as a result, on
December 29, 1978, the application was re-referred by the Water
Referee to the Water Judge for Water Division No. 5.
9. On January 7, 1980, a Stipulation and Agreement was filed
by the applicant and the opposer which contains the following
pertinent provisions:
WHEREAS, CMC currently is the owner of: Colorado Mountain College
Well No. 1, decreed absolutely and unconditionally for 0.9 c.f.s. in
Case No. W-403, on April 18, 1972, in Garfield County, Colorado, with
an appropriation date of May 8, 1967; Colorado Mountain College Well
No. 2, decreed absolutely and unconditionally for 0.9 c.f.s. in
Case No. W-404, on April 18, 1972, in Garfield County, Colorado,
with an appropriation date of May 16, 1972; Colorado Mountain College
Well No. 3, decreed absolutely and unconditionally for 0.09 c.f.s. in
Case No. W-405, on April 18, 1972, in Garfield County, Colorado, with
an appropriation date of March 31, 1967; and Colorado Mountain College
Well No. 4, decreed absolutely and unconditionally for 0.22 c.f.s.
in Case No. W-406, on April 18, 1972, in Garfield County, Colorado,
with an appropriation date of March 1, 1967; and
WHEREAS, the underground water rights owned by CMC, and owned or
currently applied for by Los Amigos, as above recited, have as their
source of supply the Spring Valley Acquifer, which the parties agree
is non -tributary to Cattle Creek; and
WHEREAS, the parties hereto wish to provide for the orderly
administration of the Spring Valley Acquifer vis-a-vis the parties; and
WHEREAS, Los Amigos and CMC have amicably reached a settlement
in the above -captioned cases and seek a prompt disposition thereof
upon the terms and conditions herein set forth.
NOW, THEREFORE, for an in consideration of the mutual covenants
and promises contained herein, the parties agree and stipulate as
follows:
A. Upon approval of the terms and conditions of this Stipulation
and Agreement by the Court, CMC shall be deemed to consent to the
entry of decrees incorporating such terms and conditions by the Court,
granting the Application filed in Case No. W-3873 and the Application
filed in Case No. W-3893, and shall withdraw its Statements of Opposition
thereto.
B. Los Amigos agrees that, anything herein to the contrary not-
withstanding, Well No. 5 is and shall have a priority junior to those
of Colorado Mountain College Wells Nos. 1 thru.4, inclusive (said
CMC wells having been adjudicated in Case No. W-403 thru W-406, as set
forth more fully above).
C. Los Amigos and CMC agree to constantly monitor, and to maintain
written records thereof on a monthly basis, concerning the water level
• -2-
and diversions of their respective wells, at each party's own expense,
by installing totalizing flow meters or other appropriate measuring
devices on each party's respective wells above identified within one
(1) year from the execution date hereof. The parties agree further to
cooperate toward the otderly development of the Spring Valley Acquifer
by providing one another reasonable inspection.of said records upon
written request of either party hereto. Los Amigos further agrees to
monitor on a monthly basis, at its sole expense, the flow of water
from Landis Creek and Spring Valley to the Roaring Fork River, such
flows being commonly denominated as the "Red Canyon Spill", and to
provide written information thereof to. CMC.
D. Los Amigos hereby agrees to limit its average annual diversions
from its wells above identified to the average annual acre-feet diver-
sions set forth in the Permits to Construct a Well issued by the Office
of the State Engineer.
E. It is expressly understood by the parties hereto that injury may
occur to the water rights of CMC as a direct result of Los Amigos or
other junior appropriators who, as a retsult of their groundwater with-
drawals over time, cause a lowering of the water table in the Spring
Valley Acquifer because the average annual depletions therefrom exceed
the average annual recharge rate of the Spring Valley Acquifer. In the
event of a lowering of the water table to the injury of CMC, Los Amigos
agrees, at its sole expense, to commence and prosecute efforts, in-
cluding court action if necessary, designed to curtail diversions by
third -party junior appropriators to alleviate the injury to CMC. If
such efforts do not result in the alleviation of injury to the water
rights of CMC, then CMC may take whatever action is necessary to cause
Los Amigos to curtail its diversions from its wells herein described,
or take other effective remedial measures to whatever extent necessary
to alleviate the injury to CMC. Nothing contained within this paragraph
shall be construed to limit in any manner any remedies in law or at
equity that CMC may have to avoid injury to the water rights of CMC
described herein.
F. The Court shall retain jurisdiction of this case, pursuant to
CRS 1973, 37-92-304 (6), as amended, for a period of ten (10) years
from the entry of decree herein, and CMC shall have the right to reopen
these proceedings at any time during said period as often as necessary
for reconsideration by the Court of the question of injury to its
decreed water rights; provided, however, nothing contained within this
paragraph shall impair or limit the rights of CMC set forth in Paragraph
E, supra.
G. Los Amigos agrees that CMC shall have the right, including,
without limitations, for purpose of the implementation of Paragraph E,
supra, to make diversions from the CMC Wells 1 thru 4 set forth herein
up to the amounts set forth in the individaul decrees for said water
rights.
H. Los Amigos and CMC agree to enter into good faith negotiations
in an attempt to arrive at --but neither is obligated to arrive at --an
Agreement designed to permit an interconnection of water facilities of the
respective parties for mutual emergency supplies.
I. By signing this Stipulation and Agreement, the parties hereto
acknowledge and represent to one another that all procedures necessary
to validly contract and execute this Stipulation. and Agreement have
been performed and that persons signing for each party have been duly
authorized to do so.
J. This Stipulation and Agreement shall be binding upon and inure
to the benefit of the heirs, devisees, legal representatives, successors,
and assigns of Los Amigos, and the successors and assigns of CMC.
As a result of the Stipulation and Agreement, on January 15, 1980,
the application was again referred to the Water Referee by the Water
Judge for Water Division No. 5.
The Referee does therefore conclude that the above entitled
application should be granted and that the point of diversion of
Rancho Los Amigos Well No. 6, at the location as described in para-
graph 5(b) above, may be used as an alternate point of diversion for
the water previously awarded to Los Amigos Well No. 5 at the location
as described in paragraph 5(a) above; provided, however, that the
amount of
operating
amount of
water diverted from Rancho Los Amigos Well No. 6 while
as an alternate point of diversion, shall not exceed the
water physically available for diversion at Los Amigos
Well No. 5; and subject to the terms and conditions in the Stipulation
and Agreement as set forth in paragraph 9 above.
It is accordingly ORDERED that this ruling
Y
the Water Clerk and shall become effective upon
shall be filed
with
such filing, subject,
to Judicial review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be
filed with the appropriate Division Engineer and the State Engineer.
3Q
-
Done at the City of Glenwood Springs, Colorado, this
day of �jA `-J , 1980.
BY THE REFEREE:
WatReferee
Wa Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the fore-
going ruling is confirmed and approved, and is made the Judgement and
Decree of this Court; provided however, that the approval of this
change of water right shall be subject to reconsideration by the
Water Judge on the question on injury to the vested rights of
others during any hearing commencing in the ten calendar years
succeeding the year in which this decision is rendered.
Dated , y u R f LG j (SS)
Watbr Ju