HomeMy WebLinkAbout1.0 ApplicationCrr.,-oI^A., Hourt g Hannu-ToN, 1F"".."
ATTORNEYS AT LAW
SHERRYA. CALOIA
JEFFERSON V. HOUPT
MARKE. HAMILTON
MARY ELIZABETH GEIGER
ROBERT C. GAVRELL
March 28,2007
TELEPHONE (970)945-6067
FACSTMILE (970)94s-6292
Sender's email : meg@chhpc. com
I2O4 GRAND AVENUE
GLENWOOD SPRINGS. COLORADO 8I60I
Via Hand Delivery
Fred Jarman, Planner
Garfield County Building & Planning Dept.
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
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LEWIS-ltr-Jarman-fi nal plat submittal
FNI
MAR28
RFI{^'""'i,,HI.D
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Re:Panorama Reserve Subdivision - Final Plat Submission
Applicant - Cort Lewis
Dear Fred:
In accordance with Section 5:00 of the Garfield County Subdivision Regulations, the
documents in this notebook comprise the final plat submittal for Panorama Reserve Subdivision
on behalf of the applicant, Cort Lewis. The preliminary plan for this Subdivision was approved
by the Garfield County Board of County Commissioners by Resolution 2007-07. I have also
included a check in the amount of $200.00 to cover the initial Final Plat fee.
In addition to the Subdivision Application fom and Agreement for Payment Form, the
following documents are enclosed:
Proposed Final Plat prepared by Sopris Engineering.
Proposed Engineering Plans prepared by Rick Barth of Red Mountain Civil.
Draft Subdivision Improvements Agreement and Consent to Vacate the Final Plat,
which includes a calculation of the cash to be paid in lieu of dedication of school
lands.
Appraisal of the unimproved subject property, the valuation of which was used to
calculate the cash in lieu fees for the school district.
Certification from the Garfield County Treasurer's office that all applicable ad
valorem taxes have been paid for prior years.
Draft Covenants, Conditions and Restrictions, includilg-It. requirement that an
unincorporated homeowners' associationlilffft6ErmA {nd including the ISDS
maintenance plan.
Copy of the revised Well Permit No. 91058 reflecting approval for in house use in
three single family homes, watering of domestic animals, and irrigation of one
acre of lawn and garden and a letter from the State Engineer's Office issuing a
finding of "no injury" for the use thereof.
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Te le p h o n e : 970. 945. 8 21 2 F acsimi I e : 97 0. 38 4.347 O
ww_w SArIi *l * :pp u nty. ggm
Subdivision Application Form
GENERAL INFORMATION
Subdivision Name:
Type of Subdivision (check one of the following types):
Sketch Plan
Name of Propertv Owner (Applicant):I
Address: l1 Telephone: ,
stlte: :{L zip cooe:(b00i5 FAX:
Telephone:
6Lt)S state: C e zip cooe:Ql/g!- rRx:5-
Address:Telephone:
(To be completed by the applicant.)
Preliminary Plan
-
Final Plat X
City:
F Addr
F City:
F Nameof Enqineer: (ick &a*A- Ke.l Mun*a,rin Q-tv,il,lrf, .
F Address:@ Ptarpo qfl ' . Ln . Telephone : 9'-t \ ' -At k'
F city: G LDS / state: Cn zip codeS/fuCI- rpx, 7q5"Zz{8
Name of Survevor:It4ou. fukw -$cp,,rs erqryi\, L|9
D city: CAvl,rzda.i r:r siate: C C Zip code: Slbl a rpx,
Name of Plannen NiA
Address:Telephone:
City:State: Zip Code:FAX:
lhl -
I
GENERAL I NFORMATION continued...
D Location of Property: Section 17 Township
-1S nrng" 81 tr(
F Practical Location / Address of Property:
Number of Tracts / Lots Created within the Proposed Subdivision: 3
Property Current Land Use Designation:
1. Property's Current Zone Distr,o, A/K/f-b
2. Comprehensive Plan Map Designation:
Proposed Utility Service:
F Proposed Water Source:
) (See "Attachment C" to be completed with the Preliminary Plan Application)
F Proposed Method of Sewage Disposal:
) Proposed Public Access VtA: Eir-.,*r
F Easements:Utility:
Ditch:
F Total Development Area (fill in the appropriate below):
) Irvt
Qo.
,(,10,0,L1,
! Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200; Plat Review Fee
lndustrial
I. THE SUBDIVISION PROCESS
ln order to subdivide land in Garfield County, an Applicant is required to complete the following land use
processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and
3) Final Plat Review Process. This section will briefly describe the nature of each process and provide
general direction including subdivision regulation citations to a potential applicant requesting subdivision
approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for
purchase at the Planning Department and can also be found on the World Wide Web at the following
address: Uluiuge:,ui*tiir.'l(-rrti t*tlrltirillilJ/L*rti-turji:-{e&lillli
A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Sketch Plan process is to allow an individual an opportunity to
propose a subdivision in a "sketch" format to the Planning Department and the Garfield
County Planning Commission in order to obtain a cursory review for compliance with
the County's land use review documents, regulations, and policies to identify any
issues that would need to be addressed if the proposed subdivision were to be pursued.
2. Applicabilitv
Any individual proposing a subdivision in Garfield County is required to complete the
Sketch Plan review process as the first step in Garfield County's Subdivision process.
More specifically, Garfield County defines a subdivision (Section 2:20.48) as the
division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application / Submittal Requirements
ln order to apply for a Sketch Plan Review an Applicant is responsible for reviewing
Section 3:00 of the Subdivision Regulations and providing enough information to the
Planning Department in the application to conduct a thorough review and provide the
resulting comments to the Planning Commission for their review and comments.
Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the
specific information required to be submitted to the Planning Department in order to
satisfy the application requirements in addition to the information requested on this
application form.
4. Process / Public Meetinq
The Sketch Plan review process is considered a 1-step process because the
application is reviewed only by the Planning Commission at a public meeting. ln order
to appear before the Planning Commission, an applicant will have submitted all
required application submittal requirements mentioned above to the Planning
Department Staff. Once submitted, Staff will have 15 working days to review the
application to determine if all the required submittal information has been submitted as
required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
3
scheduled to be reviewed before the Planning Commission and will request the
applicant supply additional copies to provide the Commission for their review.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission will review the application, Staff will
conduct a land use review of the application using the County's land use regulatory
documents including the Zoning Resolution, Subdivision Regulations, and the
Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission containing the results on the land use analysis. This Memorandum will
also be furnished in advance to the applicant.
At the date and time set for the public meeting before the Planning Commission, Staff
will present the findings in the Memorandum and the applicant will be required to
present the proposed subdivision and respond to comments and questions provided by
the Planning Commission. The comments provided to the Applicant by the Planning
Department and the Planning Commission as a result of the Sketch Plan Process will
be kepton file in the Planning Departmentfor 1-yearfrom the meeting date before the
Planning Commission. lf an Applicant does not submit a Preliminary PIan application to
the Planning Department within the 1-year timeframe, the Sketch Plan file wlll be
closed and the Applicant will need to reapply for a Sketch Plan review prior to a
Preliminary Plan review.
B) Preliminarv Plan Review (Section 4:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Preliminary Plan review process is to conduct a thorough review of
the many aspects that are associated with dividing land in Garfield County for the
purposes of residential, commercial, and industrial development. This is the most
intensive review step where the Building and Planning Staff, the Planning Commission,
and the Board of County Commissioners (BOCC) will conduct a thorough review of all
the issues associated with the proposed subdivision against the County's regulatory
requirements. Ultimately, the purpose of this process is to identify all the major issues
in the proposed subdivision by using the County's Zoning Resolution, Subdivision
Regulations, Comprehensive Plan of 2000, as well as other state and local referral
agencies that will provide comments on any issues raised in their review. This is the
process that will either approve or deny the application request.
4
2. Applicabilitv
Any individual proposing a subdivision in Garfield County is required to complete the
Preliminary Plan review process as the second and most intensive step in Garfield
County's Subdivision process. More specifically, Garfield County defines a subdivision
as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3, Application / Submittal Requirements
ln order to apply for a Preliminary Plan Review, an Applicant must have already
completed the Sketch Plan review process addressed in Section 3:00 of the
Subdivision Regulations.
An applicant requesting Preliminary Plan review will be required to submit this
application form, all the required submittal information contained in Sections 4:40 to
4:94 of the Subdivision Regulations as well as address all of the applicable Desiqn and
lmprovement Standards in Section 9:00 of the Subdivision Regulations.
ln addition to the substantive submittal information related to the proposed subdivision
project itself, an applicant is required to complete all the public notice requirements so
that legal public hearings can be held before the Planning Commission and the BOCC
which is addressed in Sections 4:20 - 4:31of the Subdivision Regulations.
4. Process / Public Hearinqs
The Preliminary Plan review process is considered a 2-step process because the
application is ultimately reviewed by two County decision-making entities during public
hearings: the Planning Commission who makes a recommendation to the BOCC.
ln order to obtain dates for the public hearings before the Planning Commission and
the BOCC, an applicant will have submitted all required application submittal
requirements mentioned above to the Planning Department Staff. Once submitted,
Staff will have 30 working days to review the application to determine if all the required
submittal information has been submitted as required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff
will provide the applicant with the notice forms to be mailed, published, and posted.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
5
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
completb. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission / BOCC will review the application,
Staff will conduct a land use review of the application using the County's land use
regulatory documents including the Zoning Resolution, Subdivision Regulations, and
the Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission / BOCC containing the results on the land use analysis. This
Memorandum will also be furnished in advance to the applicant prior to the public
hearings.
As mentioned above, Staff makes a recommendation to the Planning Commission and
the BOCC regarding the issues raised in the analysis of the proposed subdivision. The
Applicant will first propose the subdivision to the Planning Commission who is
responsible for making a recommendation of approval, approval with conditions, or
denial to the BOCC. Next, the application will be reviewed by the BOCC during a
regular public hearing. The BOCC will consider the recommendations from the
Plinning Staff and the Planning Commission, the information presented by the
applicant, and the public. As a result, the BOCC is the final decision-making entity
regarding the proposed subdivision and will either approve, approve with conditions, or
deny the application.
lf the BOCC approves the subdivision application at the public hearing, the approval
shall be valid for a period not to exceed one (1) year from the date of Board approval,
or conditional approval, unless an extension of not more than one (1) year is granted
by the Board prior to the expiration of the period of approval. (See the specific
information provided in Section 4:34 of the Subdivision Regulations.) Following the
hearing, Staff will provide a resolution signed by the BOCC which memorializes the
action taken by the Board with any / all conditions which will be recorded in the Clerk
and Recorder's Office. Once an applicant has Preliminary Plan approval, they are
required to complete the third and final step in the County's Subdivision Process: Final
Plat Review.
C) Final Plat Review (Section 5:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Final Plat review process is to provide the applicant with a
mechanism to prove to the County that all the conditions of approval required during
the Preliminary Plan review process have been met / addressed to the satisfaction of
the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will
sign the Final Plat and have it recorded memorializing the subdivision approval granted
by the BOCC. This is the last step in the County's subdivision process.
2. Applicabilitv
nny inOiviOuat proposing a subdivision in Garfield County is required to complete the
Final Plat review proceis as the third and last step in Garfield County's Subdivision
process. More specifically, Garfield County defines a subdivision as the division of a lot,
iract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or
the use of any parcel of land for condominiums, apartments or other multiple-dwelling
units, as further defined by Colorado state law.
3. Application / Submittal Requirements
tn orOer to appty tor a Final Plat review, an Applicant must have already completed the
Preliminary
.Plin
review process addressed in Section 4:00 of the Subdivision
Regulations.
An applicant requesting Final Plat review will be required to submit this application form,
all the required submittal information contained in Section 5:00 of the Subdivision
Regulations and responses to all the conditions of approval required as part of the
Preliminary Plan review process.
4. Process
fne finat plat review process is considered a 1-step process because the application
is ultimately reviewed by the Building and Planning Staff and presented to the BOCC
for their signature if the application satisfies all the required submittal information to the
satisfaction of the Building and Planning Department.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be presented to the BOCC for signature. (This is not a public hearing or
meeting and therefore does not require public notice.)
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted.
Once the application has been deemed technically complete and a date has been
established as to when the BOCC will review the Final Plat, Staff will review the
application / Final Plat in terms of adequacy to determine if all the submittal information
saiisfies the Final plat requirements as well as the responses to the conditions of
approval. During this review, Staff will forward the Finat Plat the County Surveyor for
review and a slgnature. ln the event there are additional questions or clarification
issues to be addressed, the County Surveyor will generally contact the applicant to
have the plat adjusted as necessary. Once, Staff has completed the review and all
required information has been submitted to the satisfaction of the Planning Department
7
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder'sOfficeforafeeof $ll forthefirstsheetand$l0foreachadditional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process.
Please Note: This information presented above is to be used as a
general guide for an applicant considering a subdivision in Garfield
Gounty. lt is highty recommended that an applicant either purchase
the Garfietd County Zoning Resolution and Subdivision Regulations
or access them on'line at:
trttp:/lwvyw,ffirJtip_ls-qol*il!y,.sarn/buitdi{E.and pLsnniF,q{i_ndex.htr}
in order to ascertain all the necessary requirements for each of the
three steps inctuding Sketch Plan Review, Preliminary Plan Review,
and Final Plat Review.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Signature
Last Revised : 07 12512005
Page 1 1
ATTACHMENT C
IORM NO.
6W9-7S
82!?CC5
WATER SUPFLY INFORMATION SUMMARY
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1313 Sherman $t., Room 818, Denver. CO 80203
Phone - tnto (303) 806-3587 Main {303} 856-35U1 Fax (303) 866-35R{i http;ll,,w/w.\rate r.lla!-g.co. u s
5ectir:n 11(1"28-133,(d), C.R.s. requircs that the applicanl suhrnit to the County, "Arioquate evi,lerr(;r: that a water $upply lh,r't r*
r .- *--::l@+lJUgrms o|-q!g.tl.t[' auai&*4$.-ASp!g$1!f1g:l-be avall+*!g!g s1511i,i rJlltrd.Pq*.-luppry gJlq4el-
i 1, NIAME OF DEVELOPMENT AS PROPOSEO:i . . Ptmrapn "Re.-ier,t=* . ., .*
3. NAMEoFEX|STINGPARCELAsRECoRDED: fte i"rx s{elrcrtpiro^l E++dc-t4jc
, , FIIING (UNIT) --*-, BLCICK..* LOIl, ;"u.'-!gEg?"ffiEge.l.!; :-
A. ltrlas parccl recorded wilh county prior to June 1, 1S72? n YES or E NO
; A. Has the parcel evar been part of a division of land action since June 1, 1S72?KYES or [J t'tO
r - ^ll:,1s,"::,:"*grygsiicts' fO+ ocr-e Tli+ -* - .--[]IQ"o_AL|QI_QI_PABqFI* llslcge-e-llqp"-(-e,lineaqns t[q._ergiesl ileas_n-d_.1!s_!9*a__!ec!i9t correl: ..
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2. I;AND USE ACTION:
Optiorat GPS Localion: GPS Unit must use ihe lollowing settings: Formal must be UTM. Units
must be meters, Daturn must be NAD83. Unit must be set to truo N, I Zone 12 or tr Zone 13
8. PLAT - Location of afi wElls on propsrty niust bo plotted and frermit numbers prcvirlcrrl-
Surveyor"* IlJq{: Bfgg_!Ltr__NQ.* ,ll,tg_t S,ppted hanq_rlt-qwn. s-keJch; n YES or UJ.t!__
;.qlr MArEp WAIIB_EE QU l R E.ryr E Nlq i 10. WATER SUFPLYSOURCE
L*-iii WATER REQL'IREMENTS i;MtrN r'l--
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NAME- I
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LETT=R oF coMNlirMENr FoR I
SERVTC= n YES or E ruo rI )resolfiiNb rF yES, rGASE rcRWA slbErd *
PERtdlT NUtvlilERS
SEPTIC TANISLEACH FIELD
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EN GINE EIiE D S YSTE}'4 iAha.h a copy oI ongineenns dcsr8n )
CENTRAL SYSTEM
DISTRICT NAME:
D VAULT
LOCATION SEWAGE I.IAULED TD:
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9l|058
12. ryPE
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application frocessing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
resiective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be uitteo based on actual staff hours accrued. Any billing shall be paid in full prior to final
clnsideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no ,.* or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payabG to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
..iublirh., the applicant as being responsible for payment of all costs associated with processing the
application. The-Agreement musi be slgned by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits). Administrative/nopublichearing. Board Public Hearing only. Planning Commission and Board review & hearing
Zoning Amendments. Zone District map amendmentt Zone District text amendment. Zone District map & text amendment. PUD Zone District & Text Amendment. PUD Zone District Text Amendment
Board of Adjustment. Variance. Interpretation
Planning Staff Hourly Rate. Planning Director. Senior Planner. Planning Technician. Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$325
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$ 100
$300
$250
$400
$s25
$4s0
$300
$s00
$500
$500
$250
s2s0
$s0.s0
$40.s0
$33.7s
$30
Determined by Surveyor$
$ll - l'tpage
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
l. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoningamendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. AII additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7 . Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COI-INTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
(or+ Ler,tlts
1.
V15 (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COLINTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COLINTY of any land use permit, zoning amendment, or subdivision
plan.
APPLTCANT - Af*orral6-
DLte, 12 A f6?
Mailing Address:
10t2004
Page 4
to COUNTY an application for
It{04/ F(rzar =-q r 6rl cf,r
Print Nhme
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January 71,2007
Mr. Fred Jarman
Garfield County Planner
108 Bth Srreet Suite 401
Glenwood Springs CO 81601
Re: Panorama Reserve Subdivision - Final Compliance per BOCC requirements
Dear Mr. Jarman,
This letter is to present the final "Construction Ready" documentation as required by County
code section 5:31-A. In order those requirements are Engineering Plans, descriptions and cost
estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other
improvements. In bullet form, those are addressed below.
Engineering plans - The plans provided are general grading and drainage indicating
location and size of individual lot detention facilities and a plan and profile of the
improvements for the loint driveway. This driveway shall be improved to Lot A, and left
in its existing condition beyond that point to the adjacent properry as an agreed access
route for that parcel.
Cost estimates for improvements are included as an attachment to this letter. Items
included are the base water system and the joint driveway. Not included are individual
water services from the base tank and well, electrical services, nor ISDS systems. Those
are to be installed by the respective lot owners in coordination with the HOA. As
indicated on the final plat, some of these tasks require submittal of engineering designs
prior to County approval.
Attached to this letter are the construction drawing set, cost estimate table, and the previousiy
submitted engineering letter describing the various designs intended for the project. Please do
not hesitate to call if you have any questions.
Rec'l Mountairr Crvil, Irrc.
Clenwood Springs, CO
Ph 970-945-2216
[\tt, M<.rrrrrr,llt Ctvtt.. Iltc
Resoectfullv.&ffi
'N.k L. Barth, P.E.
September 25,2006 Rni Mcrusl,lt:l Crvu-. Ir.tt.
Mr. Mark Bean
Garfield County Planner
108 Bth Street Suite 401
Glenwood Springs CO 81601
Re: Panorama Reserve Subdivision - Civil Engineering Updates per Planning and Zoning
Commission - September 2006
Dear Mr. Bean,
This letter is to present our engineering updates as requested by the Planning and Zoning
meeting and associated documentation for the Preliminary Plan approval of Panorama Reserve
Subdivision. As noted in the meeting, we have the foliowing issues and associated additional
information. Following the list of recommendations:
#5 Water quality analysis is in process. Due to schedules, it is taking ionger than a
month to get the results. We anticipate these results soon and will certainly forward
those results to your office via Jack Palomino.
#6 ISDS maintenance plan. As per common practice, suggested maintenance shall be
done via each homeowner as follows:
1. Septic tanks shall be inspected, cleaned and pumped at a minimum of
every two years.
2. Disposal fields of any kind inspected every 6 months.
3. Disposal mechanisms such as pumps or dosing siphons inspected every 6
months.
#rc The access drive shall be a Public Road built to typical county standards with a 12
foot wide drive iane, ditches as necessary and a compacted gravel surface. Plan and
profile of this road has been included in the drawing set for your review
#14 A revised drainage plan and report has been included. The premise o[ which is
individual detention facilities on each lot shall be constructed at strategic locations that
wouid likely best suit the anticipated development on each lot as well as blend in with.
the natural surrounding vegetation and surfaces. The calcuiation method has been
coordinated with Mounrain Cross Engineering. Detention facilities shall be shallow
surface ponds with a shallow drywell underneath to improve percolation and prevent
standing water.
#1,5 Plan and Profile is now included. See item #10.
Addltional ltems. RMC has conracred Bill Gavette of the Carbondale Fire District
concerning wild fire detainment. Biil re-iterated their preferred filling location for their
GarCo. Building & Planning Dept.
Mr. Mark Bean, Planner
September 25,2006
Red Mountain Civil, Inc.
trucks would be at the exisring fire hydrants that are in the adjacent subdivision.
However, he agreed it would not be a bad idea to increase the size of the tank and
provide a filling location. We have increased the tank size to 2,000 gallons as their trur:ks
hold around 1,800 gallons and will provide the standard PVC fill connector as
recommended by the District and available at GJ Pipe. Therefore they will have a larger
tank than can fill their typical truck yet is small enough that three houses can turn ovel
the tank water volume frequently enough to prevent stagnation. The tank will be
completely buried and insulated. A pull out is now indicated near the tank for fire truck
access.
Atuched to this letter are the revised drainage calculations, updated and new drawing set. Please
do not hesiute to call if you have any questions.
Red Mountain Civi1, Inc
Glenwood Springs, CO
Respegtfully,&ffi/fuct< L. Banh, P.E.
pfully,
C:\RMC\PROJECTFILES\2005\2005-35\L-060925-Panorama-FinalUpdate.doc
P A N O RAM A RESER YE S U B D IV I S O N I N IT I A L DEV E LO P MEATT COS TS
QTY UNIT UNIT COST LABOR TOTAL COST
TOTAL ESTIMATED DEVELOPER COSTS
f,,,/0,/ o*/'s* 1
lmprovement along existing alignment (bring in
300 CY of gravel, build to County standard,
for potentialservices (lot owners may have to
improve services depending upon house
September 25,2006
Mr. Mark Bean
Garfield County Planner
108 Bth Street Suite 401
Glenwood Springs CO 81601
Via email: Mr. Chris Hale, P.E., Mountain Cross Engineering
llut, Mprrst.n,tr.i Ctvtt.. Ir'tt
Re:Panorama Reserve Subdivision - Drainage Plan Design Calculations - September 2006
Dear Mr. Bean,
Please accept this letter as our description of the drainage calculations for Panorama Reserve Subdivision.
Per the request of Counry Staff and Planning Commission, we have assembled these documents.
In conversation with Chris Hale of Mountain Cross Engineering, we have utilized the following method.
Due to some limiutions on various hydrologic methods, we will uahze a Rarional Method approach uzith
an assumed three (3) acre "development area'. This development area should easily encompass furure
homeowner's desires and allow for flexibility o[ location o[ the home and surface alterations. We have
also assumed avery conservative 8,000 square foot impervious surface, with the rest remaining in a nalive
state.
In utilizing this approach, we have resulted in an approximateiy 700 cubic foot storage requirement fol
the 100-year storm. This will be accommodated in a shallow surface pond with a perforated manhoie
base buried underneath. The perforated base will be built as though it is a typical drywell but is for the
primary purpose of allowing for faster infiltration of the storm warcr runoff that is collected in the pond,
hence better preventing iong term standing water.
These ponds are indicated on the drainage plan (C2) and are located in areas that fit natural topography
and good catch points for surface runoff. They shall keep developed flows leaving the site at no greater
than the historic 100-year storm. We are assuming that the future homeowners wiil be able to direct
most, if not all of their runoff from their impervious surfaces to these ponds. There is no significant
change in the historic drainage pattern.
It is respectfully requested that these calculations be approved for the drainage plan o[ Panorama Reserve
Subdivision.
Respectfully,
Rick L. Barth, P.E.
Rerl N4oLrntarn Clivil. lnc
Glenwood Springs, CO
GE CALCULATIONS for: pANoRAMA RES., wPlcAL
Surface description: Native tion, sparse trees, pasture, large portion is
PROPERW GENERAL SURFACE DATA Soil Information
Total Drainage Area: 3 acres SCS Type: Class B Emperadado and Morval
Weishted C: 0 2600
STEP 1: Surface ldentification STEP 2: Overland Tc (if aPPlicable)
"C'VALUE CALCULATION C
DEVELOPMENT TYPE acres factors
Paving/lmpervious 0 0.95
Gravels 0 0.8
Landscaped 0 0.26
Rocky/Bare Soil 0 0
Native 3 0.26
Avg. Pasture 0 0.26
TOTAL SITE ACERAGE 3
TIME OF CONCENTRATION** OVERLAND **
Upstream Elevation 7236.00
Dnstream Elevation 7226.00
C factors from TR-55 chart, attached
STEP 3: TotalTime of Concentration
Tc CALCULATION Length Slope k Tc
Overland 50 2O.0Oo/o 1.0400 6.10
Velocity
Length (fps)
Sheet Flow 250 3
Veloci$
Length (fps)
Concentrated 700 5
Total
1.39
2.33
9.82 min
"*use 70 min Tc
STEP 4: Compile to determine Q values
GLENWOOD SPRINGS IDF CURVE
RUNOFF lntensity
@Tc
(in/hQ
i2= 1.30
i5= 1.90
i25= 2.30
i100= 3.95
Q=CiA
(cfs)
Q2= 1 01
Q5= 1.48
Q25= 1 79
Q100= 3.08
NOTES:
This is used as a "typical" lot. We have broken out an approximate 3 acre portion of each of
these parcels as our "development area". lt is in this area that we will assume an improvement
of 8,000 square feet of impervious surfaces, which should be sufficient for most cases. This
calculation shown here and for the proposed conditions is utilized for each of the three lots.
Drainage Area Designation: PROPOSED COND/IOA/S
Surface 8,000 SF of assumed surfaces added
PROPERTY GENERAL SURFACE DATA Soil lnformation
Total Drainage Area: 3 acres SCS Type: Class B Emperadado and Morval
Weishted C: 0.3{114
STEP 1: SurFace ldenffication STEP 2: Overland Tc (if applicable).C" VALUE CALCULATION C
DEVELOPMENT TYPE acres factors
Paving/lmpervious 0.18 0.95
Gravels 0 0.8
Landscaped 0 0.26
Rocky/Bare Soil 0 0
Native 2.82 0.26
Avg. Pasture
TOTAL SITE ACERAGE
0 0.26
J
TIME OF CONCENTRATION
rt** g!/fftl AND r***
Upstream Elevation 7236.00
Dnstream Elevation 7226.00
C factors from TR-55 chart, attached
STEP 3: Total Time of Concentration
c CALGULATION Length Slope k Tc
Overland 50 2O.OOYo 1.0400 6.10
Velocity
Length (fps)
Sheet Flow 250 3 1.39
Velocity
Length (fus)
Concentrated 700 5 2.33
9.82 min
*use 10 min Tc
Total
STEP 4: Compile to determine Q values
GLENWOOD SPRINGS IDF CURVE
RUNOFF
i2= 1.30
i5= 1.90
i25= 2.30
i100= 3.95
lntensity
@Tc
(in/hr)
Q=CiA
(cfs)
Q2= 1.18
Q5= 1.72
Q25= 2.08
Q100= 3.57
NOTES:
ldevelopment plans to ensure they complv with these calculations. I
A/f
PANORAMA RES., TYPICAL
TO DETERMINE DETENTION VOLUME REQUIREMENTS
Modified Rational Method for Volume Determination (FAA)
STEP 1: Determine 1OO-year storm volume difference
TO DETERMINE VOLUME OF STORAGE REQUIRED
Iime Calcs Developed Function Calcs trainaqe Calcs Flow Calcs Vol. Calcs
ftravel Tduration Tend-drain
0 10.00 10.00
0 15.00 1 5.00
0 20.00 20.00
0 2s.00 25.000 30.00 30.0€
0 35.00 35.0c
0 40.00 40.0c
0 45.00 45.0c
0 50.00 50.0c
0 60.00 60.0c
cA r-1000.90 4.40
0.90 3.65
0.90 3.20
0.90 2.84
0.90 2.55
0.90 2.34
0.90 2.14
0.90 1.95
0.90 1.82
0.90 1.61
Cmax-runoff Qallow3.98 3.08
3.30 3.08
2 89 3.082.53 3.082.31 3.082.08 3.081.90 3.08
1.76 3.08
1 65 3.081.46 3.08
Vtotal Vallow
2387.09 1848.60
3478.91 2772.90
4407.98 3697.20
5221.76 4621.54
5947.38 5545.80
6605.18 6470.10
7201.95 7394.44
7751.25 B318.70
8262.58 9243.0C
9193.00 11091 .6C
Vstore
538.49
706.01
710.77
600.25
401.58
135.08
-192.45
-567.45
-980.42
-'1898.60
STEP 2: lndicate drywells designed
Manholes & Detention Design
Diameter (ft) Depth (ft) Volume
ilanholeVolume: 5 4 785CF
Area Volume
Pond Volume: Elevation 100 700
99 650 6;s CF
753.5 CF
710.8 CF
TOTAL VOLUME PROVIDED
TOTALVOLUME REQUIRED
blue = input
red = resultant
CONCLUSION:
are small, shallow surface ponds with a drywell base to percolation and prevent long term
For the purposes of flexibility, the ponds have an assumed elevation of 100 in the calculation which should relate to a
natrual orade elevation.
/NIENS/TY - DURATION -
FREQUENCY CURVES
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LECEND:
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CJJ PANORAMA RESERVE
CARFIELD COUNry, CO
BY PRELIMINARY PLAN
DzuVEWAY
PIAN & PROFILE
Red Mountain Civil, Inc.
Clenwood Sp..qs C0 81601
Pho.er 970-945-2216Fa\ 974-945 229A
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CARFIELD COUNTY, CO
AER PRELIMINARY PLAN
PIAN & PROFILE
& DETAILS
Red Mountain Civil, Inc.
Qn5/05
0lcnwood Sp.ings, CO 81601
Phonq 970-945-2216
Fox 970-9a5'2298
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PANOMMA RESERVE
SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDIVISION
THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and
entered into this day of 2007, by and between CORT LEWIS
("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARI'IELD COLINTY,
COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and
corporate, directly or through its authorized representatives and agents ("BOCC").
WHEREAS, Owner is the owner and developer of that real property located within
Garfield County, Colorado approximately 5 miles northeast of Catherine Store and Carbondale,
Colorado ("Panorama Reserve");
::,1
WHEREAS, on December 4, the Bocc, by Reiolution No. 2006--, heretofore
recorded in the records of the Clerk and Recorder: for Garfield County on , 2006
as Reception No. , approved a Preliminary Plan for the subdivision of Panorama
Reserue which, inter ali,would create 3 single-family iots.(i'Preliminary Plan Approval");
tt'
WHEREAS, as a condition of approval of the Final"P.lit for the of Panorama Reserve
(hereinafter the "subdivision"), submitted to the BOCC for appiov4l as required by the laws of
the State of Colorado, Owner wishes to enter into this Agreement with the BOCC; and
WHEREAS, Owner.,hhs,,rogreed to execute and deliver a specific form of collateral to the
BOCC to secure and gp,'diCntE6'pwner's performance under this Agreement and has agreed to
certain restrictions and.;Eonditions regarding the sale of properties and issuance of building
permits and certifiiates of occunancy, allas is more fully set forth hereinbelow.
' '. iiiiil. ;:::''r rr';;i! ,, .] i', l.': ,,. :::ii
NOW, THEREFORTiI'iCconsideiatiiin tf tfre mutual covenants and promises contained
herein, the parties agree as toilow$i,tl,, ,,, .!
1. FINAL PLAT APPRO$AL. The BOCC hereby accepts and approves the Final
Plat of the Subdivision, on the date Slt forth above, subject to ihe terms and conditions of this
Agreement, the Preliminary Plan Approval, the Zoning Approvals, and the requirements of the
Garfield County zoning and subdivision regulations and any other governmental or quasi-
governmental regulations applicable to the Subdivision ("Final Plat Approval"). This approval
authorizes construction and development within the Panorama Reserve Subdivision as approved
under the Preliminary Plan Approval.
2. OWNER,S PERFORMANCE. Owner shall cause to be constructed and
installed, those subdivision improvements, identified in Subparagraph a. hereinbelow
("subdivision Improvements"), at his own expense, including payrnent of all fees required by the
County and/or other govemmental and quasi-governmental entities with jurisdiction. The
Subdivision Improvements shall be completed on or before the end of the first fuIl year
following execution of this Agreement, i.e., 20-
(completion date), in substantial compliance with the following:
Sub divis ion Improv ements A gre ement
P an orama Res erve Sub divis ion
Page I ofll
a. Plans marked "Approved for Construction" for all Subdivision Improvements for
the Subdivision, prepared by Red Mountain Civil Engineering listed within Exhibit A, attached
hereto and made a part hereof; the estimated of cost of completion, certified by and bearing the
stamp of Owner's professional engineer licensed in the State of Colorado ("Owner's Engineer"),
affached to and made a part of this Agreement by reference as Exhibit B; and all other
documentation required to be submitted along with the Final Plat under pertinent sections of the
Garfield County subdivision and zoning regulations ("Final Plat Documents");
b. All requirements of the Preliminary Plan Approval;
c. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other governmental or quasi-
governmental authority(ies) with jurisdiction; and ,.''"
d. The provisions of this Agreement. ,
The BOCC agrees that if all the Subdivision Improvements are constructed installed in
accordance with this Paragraph 2; the record drawings to be su-bmitted upon completion of the
Subdivision Improvements as detailed in paragraph 3 (c), below; and all other requirements of
this Agreement, then the Owner shall be deemed to have satisfied 611 terms and conditions of the
Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and
subdivision regulations, with respect to the installation of Subdivision Improvements.
3. SECURTTY FOR IMPROVEMENTS.
a. Letter of Credit. As security for Owner's obligation to complete the Subdivision
lmprovements, Owns_r shall deliver to the BOCC, on or before the date of recording of the Final
Plat of thg subdivision with the Garfield County Clerk and Recorder, one or more Letters of
Credit in the form agreed to be acceptable to the BOCC, hereto and made a patt of this
Agreemint Exhibit C ('LOC'), or such other form of security as may be deemed acceptable to
the BOCCj* provided in p*agraph 3 (g), below. The LOC shall be in the amount of $-,
representing ffi,fu1I estimatdd cost of completing the Subdivision Improvements, including a
sufficient contiil$d11cy to cover cost changes, unforeseen costs and other variables (not less than
lOoh of the estimat0d.,g,,ost.s,and as approved by the BOCC), less $-_.-, which sum
represents the cost of$utdiVision Improvements already completed as of the date of execution of
this Agreement, all as ar6 as set forth and certified by Owner's Engineer on Exhibit B.
b. LOC Requirements. The LOC required by this Agreement shall be issued by a
state or national banking institution acceptable to the BOCC. If the institution issuing the same
is not licensed in the State of Colorado and transacting business within the State of Colorado, the
LOC shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of
Credit, $4-5-101 et seq., C.R.S., as amended, by a bank that is licensed to do business in the
State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall be
valid for a minimum of six (6) months beyond the completion date for the Subdivision
Subdivision Improventents Agreentent
P ano rama Res erue Sub divis i on
Page 2 of ll
Improvements set forth herein. If the time for completion of Subdivision Improvements is
extended by a written amendment to this Agreement, the time period for the validity of the LOC
shall be similarly extended by the Owner. For each six (6) month extension, the face amount of
the LOC, at the iole option of the BOCC, shall be subject to recertification of cost of completion
by Owner's Engineer and review by the BOCC for a possible increase in its face amount in order
to assure sufficiency of the amount of security to allow possible completion of the Subdivision
Improvements by t-he BOCC under terms of this Agreement. Additionally, should the LOC
become void or unenforceable for any reason, including bankruptcy of the Owner or the financial
institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's
certification of completion of the Subdivision Improvements, this Agreement shall become void
and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this
Agreement.
c.
means of submission to ttre Building and Planning Department of a "Written Rbquest for Partial
Release of LOC," in the form attached to and incorporated herein as Exhibit D, aCcompanied by
the Owner's Engineer's Certificate of Partial Completion of Subdivision Improvements, slamqed
by Owner's Engineer. The Owner's Engineer's seal shall certify that the Subdivision
Improvements have been constructed in accordance with the requirements of this Agreement,
inciuding all Final Plat Documents, the Zonipg Approvals and the Preliminary Plan Approval.
Owner may also request release for a portio-ndthe security upon proof that l) Owner has a valid
contract *ith u prbti. utility company regqlated by the Colorado Public Utilities Commission
obligating suchiompany to install certain utiliry lines; and,2) Owner has paid to the utility
.o*p*y the cost of installation as required.by the Con-tiact. The BOCC shall authorize
successive releases of portions of the facl am6unt of the LOC as portions of the Subdivision
Improvements, required hereunder are certified,. as complete to the BOCC by the Owner's
Engineer and said certification is approved by the BOCC'
d.i ion. Nonvithstanding the foregoing, upon submission of the
JSt for Partial Release of LOC, along with Owner's Engineer's Certificate
,i "..,i,..
partial Releases of Securitv. Owner shall request partial relUhse(s) of the LOC by
of Partial,Completion of fuivision Improvements, the BOCC may review the certification and
may,,,insilect and r.ui.*'iilffi Subdivision Improvements certified as complete to determinemay.,,rinspec!
whlther'or;hot said Subdlilii;o, Improvements have been constructed in compliance with
r! ![t;i ;:-:':;
:cififfiions, as fol{$fvs:relevant speci
ri:': t,i:. :li. If no l.tt.r.ofrpotential deficiency is furnished to Owner by the BOCC within
fifteen (1fl days of submission of Owner's Written Request for Partial Release of
LOC aceimpanied by Owner's Engineer's Certificate of Partial Completion of
Subdivision Improvements, all Subdivision Improvements certified as complete
shall be deemed complete by the BOCC, and the BOCC shall authorize release of
the appropriate amount of security.
ii. If the BOCC chooses to inspect and determines that all or a portion of the
Subdivision Improvements certified as complete are not in substantial compliance
with the relevant specifications, the BOCC shall furnish a letter of potential
deficiency to the Owner, within fifteen (15) days of submission of Owner's
Sub divis ion Improv ements A gre ement
P anorama Reserve Subdivision
Page 3 ofll
Written Request for Partial Release of LOC accompanied by Owner's Engineer's
Certificate of Completion of Subdivision Improvements'
iii. If a letter of potential deficiency is issued identifying a portion of the certified
Subdivision Improvements as potentially deficient, then all Subdivision
Improvements not identified as potentially deficient shall be deemed complete
and the BOCC shall authorize release of the amount of security related to the
certified Subdivision Improvements that are not identified as potentially deficient.
iv. With respect to Subdivision Improvements identified ai potentially deficient in a
letter of pot"r,tiul deficiency, the BOCC shall have thirty (30) days from the date
of the letter to complete the initial investigation,.begun'under subparagraph 3.d.ii.,
above, and provide written confirmation of the deficiency(tqg to the Owner'
:i::
v. If the BOCC finds that the Subdivision Improvementi afe complete, in
compliance with the relevant specifications, then the appropriatg, amount of
security shall be authorized for release within ten (10) days after,bompletion of
such investigation.
e. BOCC Completion of Improvements. If the BOCC finds, within the thirty (30)
day period of time, defined in subparagraph4:(e)(iv) above, that the Subdivision Improvements
are not complete or otherwise deficient, or,if'ttrclBOCC.determines that the Owner will not or
cannot construct any or all of the Subdivision Improvemgrtts, whether or not Owner has
submitted a written request for release of LOC, the BOCC may withdraw and employ from the
LOC such funds as may be necessary to constrd[t the Subdivision Improvements in accordance
with the specifications, up to the face amount, oi.remaining face amount, of the LOC. In such
event, the BOCC shall make a written finding regarding Owner's failure to comply with this
Agreement prior to requesting payment from the LOC. h lieu of or in addition to drawing on
th; LOC, the-p.,pG ,,1pay bring an action for injunctive relief or damages for the Owner's failure
to adhere t0lff#pffi$..ifu orthis Agreement. The BOCC shall provide the owner a reasonable
time to-oUie ury ideriifid'0,:deficiency(ies) prior to requesting payment from the LOC or filing a
civil action.
. Upon completion of all Subdivision Improvements,
Owner shall su$ftit to the BOCC, through the Building and Planning Department: l) record
Plat Documents, and the Preliminary Plan Approval, in hard copy and a digital format acceptable
to the BOCC; 2) copies of instruments conveying the real property and other interests which
Owner is obligated to convey to the Panorama Reserve Homeowners' Association or other entity
by the terms of this Agreement, the Final Plat Documents, or the Preliminary Plan Approval; and
3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein
as Exhibit E, along with Owner's Engineer's Certificate of Final Completion of Subdivision
Improvements.
Sub div i s ion lruprov ements A gre em ent
Panorama Res erve Subdivision
Re
drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements
have been constructe&in ai'bordance with the requirements of this Agreement, including all Final
Page 4 of 1l
The BOCC shall authoize a final release of the LOC after the Subdivision
Improvements are certified as final to the BOCC by the Owner's Engineer and
said final certification is approved by the BOCC. If the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specif,rcations, the BOCC shall authorize release of the final amount of security
within ten (10) days following submission of the Owner's Written Request for
Final Release of LOC accompanied by the other documents required by this
paragraph 3(g).
Notwithstanding the foregoing, upon Owner's Written Request for Final Release
of LOC accompanied by Owner's Engineer's Certificate of Final Completion of
Subdivision Improvements, the BOCC may inspect and review the Improvements
certified as complete. If the BOCC does so review and inspect, the process
contained in paragraph 3(e) above shall be followed. :
If the BOCC finds that the Subdivision Improvements are ''complete, in
accordance with the relevant specifications, the BOCC shall authorize release of
the final amount of security within ten (10) days after completion of such
investigation. If necessary, the BOCC may complete remaining Subdivision
Improvements in accordance with process outlined in Paragraph 3(0 above.
s. Substitution of Lettetorcred{. The BOCC, at its sole opinion, may permit the
Owner to substitute collateral other than a letter(s) of credit, in a form acceptable to the BOCC,
for the purpose of securing,thfiifi"q,"fl-pl.tion of the Subdivision Improvements.
,,,,,;
h. Recofding of Final Plat. The Final Plat of the Subdivision shall not be recorded
until the security des'iriM"in this p,aragraph 3 has been received and approved by the BOCC.
4. WATER SUPPIY AND-.StrIY GE TREATMENT, PriOr tO iSSUANCE Of ANY
certificates of occupancy by tdU bOCC for a'riy residences or other habitable structures located
and constructed within the Subdilision, the owner thereof shall install and connect the same, in
accordance with the approved plans iild,'$pecifications, to the facilities owned and maintained by
the Panorama Reserve Homeowners,i'Association providing potable water and fire protection
flows. Each homeowner, prior to construction thereof, and shall submit to Garfield County
Building and Planning Department plans for an ISDS that have been completed and approved by
a professional engineer licensed in Colorado. All easements and rights-of-way necessary for
installation, operation, service and maintenance of such water supply and distribution system
shall be as shown on the Final Plat, excepting those service lines extending from the Lot line(s)
to the individual structures. Conveyance of said system(s), to the Panorama Reserve
Homeowners' Association from the Owner, including all real and personal property interests,
shall be in accordance with Paragraph 6, below.
5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated to the
public as public rights-of-way. Road rights-of-way shall be dedicated by the Owner and
accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Panorama
Reserve Homeowners Association shall be solely responsible for the maintenance, repair and
Sub div is i on Improv ements A gre em e nt
P anorqma Res erve Sub divis io n
ii.
111.
Page 5 ofll
upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the
,igfrtr-of-*ay outiide of the traveled surface. The BOCC shall not be obligated to maintain any
road rights-of-way within the Subdivision.
6. CONVEYANCE OF ROAD RIGHTS.OF.WAY AND WATER SUPPLY
SYSTEM. tn addition to all dedications contained within the Final Plat, all utility easements
appurtenant to the water supply system contained within the Subdivision shall be conveyed by
quit.lui* deed (,'Easement-Deed;). Recordation of the Easement Deed in the records of the
ilert< and Recorder for Garfield County, Colorado shall occur coincident with the filing of the
Final plat and this Agreement. All facilities and equipment contained within the water supply
system shall be transfened by Owner to the Panorama Reserve Homeowners Association
pursuant to bill of sale.
If the Easement Deed cannot be recorded with the:iClerk and Recorder at the same time
the Final plat and this Agreement are filed, Owner shall execute and deliver the Easement Deed
into escrow with Land Title Guarantee Company, Glenwood Springs, Colorado as escrow agent,
pursuant to the terms and conditions of the standard escrow agleepent for Land Title, attached
Lereto and made a part hereof as Exhibit F ("Escrow Agryement"). Owner shall deliver to the
BOCC a copy of itre fully executed Escrow Agreement;'within a reasonable time following
mutual execution of this Agreement, but need not record such instrument. The special
instructions of the Escrow Agreement shall provide:
1) Escrow Agent shall hold the Easement Deed until the earlier of:
a) receipt of a, written notice signed only by owner notifying
escrow agent that the work required of the Owner in this
Agreemeht has beell completed and approved as complete by the
BOCC;ttlr,b) receif't,,,of a written notice signed only by the BOCC
statins that ,owner-has,,-failed to comply with the terms and
condiions of this Ageement; or_c) the completion date for the
Subdivision Impffiements, spebified in paragraph 2, above, or as
extended in accordailie.ryjth paragraph 18 of this Agreement; and
'lil2) upon the first to occur of the foregoing events, the escrow agent
shall cause the Easement Deed to be recorded in the records of the
Garfield County Clerk and Recorder.
7. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation of the
Subdivision Improvements and any other agreement or obligation of Owner related to
development oflhe Subdivision as required pursuant to this Agreement. The Owner, however,
shall not be required to indemnify the BOCC for claims made asserting that the standards
imposed by the
-3OCC
are improper or the cause of the injury asserted, or from claims which
may arise iiom the negligent uitr or omissions of the BOCC or its employees. The BOCC shall
be iequired to notify th. b*n., of the BOCC's receipt of a notice of claim or a notice of intent to
sue, and the BOCC shall afford the Owner the option of defending any such claim or action.
Faiiure to notify and provide such written option to the Owner shall extinguish the BOCC's
Sub divis io n Imp rov ements A gr e emen t
P anorama Res erve Subdivision
Page 6 ofll
rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver
of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law.
8. ROAD IMPACT FEE. Owner shall pay aRoad Impact Fee in the amount of
-to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat.
g, FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner ShAII MAKE A
cash payment in lieu of dedicating land to the RE-1 School District, calculated in accordance
with the Garfield County subdivision regulations and the requirements of state law' In
accordance with the above regulations and requirements the fee in lieu of dedication shall be
computed as follows:
(Jnimproved per acre market value of land, based upon an
appraisal submitted to the BOCC by Owner as required- in the
Garfield County subdivision regulationb : [$ I 4,67 3.9 ] ; and
Land dedication standard, prlvide:d' in the , Garfield County
subdivision regulations: j single-family dinblling units x .020 acres
equals 0.06 acres; and l.i .
::'
Total amount of cash in lieu payment: $14,''673.91, x 0.06 :
$880.431
The Owner, therefore, ,htlil;;l to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plit, Eight Hundred Eighty Dollars and Forty-Three Cents ($880.43) as a
payment in lieu of OEdic"[tion of land to the RE- I School District. Said fee shall be transferred
bythe BOCC to the school'district il acc.grdance. with the provisions of $30-28-133, C.R.S., as
amended, u._1,.,,$, G-fiel d County subdwisioniegulations.
The Owdli agrees thit it is obligaied t9,pay the above-stated fee, accepts such obligation, and
waive$qh1 claim that Owhei is not ieqilired to pay the cash in lieu of land dedication fee. The
Owner ugiq..g.q that Owner #itlmot claim, nor is Owner entitled to claim, subsequent to recording
of the ninaL?lit of the Subdiilsion, a reimbursement of the fee in lieu of land dedication to the
RE-l School Diskict.
10. COMTLIANCT WITH FIRE DISTRICT REQUIR-EMENTS. The
Subdivision is included'in the Carbondale and Rural Fire Protection District ("Fire District").
The Owner shall comply with all rules and regulations of the Fire Protection District, including
without limitation, the Owner shall:
a. include in the Covenants a requirement that all residential units
built in the Subdivision must have sprinkler systems.
b construct a water storage tank that is 2000 gallons.
Sub divis ion Improv ements Agr e ement
P ano rama Res erv e Subdivis ion
PageT ofll
pay, at the time of Final Plat Approval, an impact fee of one
thousand tluee hundred eleven dollars an zero cents ($1,311.00),
representin g $437 per residential unit, to the District, as agreed
upon by the District.
11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. AS ONC
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
any residence or other habitable structure requiring a permit, to be constructed within the
Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the
satisfaction of the Fire District that there is adequate water available to the consffuction site for
the Fire District's purposes and all applicable District fees have been paid to the District.
Further, the parties agree that no certificates of occupancy shall issue for any buildings or
structures, including residences, within the Subdivision until all Subdivision Improvements
have been completed and are operational as required by this Agreement, and until the Garfield
County Building and Planning Department. Owner shall provide the purchaser of a lot, prior to
conveyance of the lot, a signed copy of,h'fo5-m in substantially the same form as that attached to
and incorporated herein by reference as Exhibit,H, concerning the restrictions upon issuance of
building permits and certificates of occupanqy detailed il this Agreement.
' l ': 1',. : -,.; 113. ENFORCEMENT. In additiou r'to any'rights which may be provided by
Colorado statute, the withholding of buildin$,permits and certificates of occupancy provided
for in paragraph 12 above, and the provisions for release of security, detailed in paragraph 3
above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an
election of remedies, or any purchaser of any lot within the Subdivision shall have the authority
to bring alt. ac,Lion in the Garfield County District Court to compel enforcement of this
Agreement. Nottring in this Agreement, however, shall be interpreted to require the BOCC to
bringd iction for enforcement or to withhold permits or certificates or to withdraw and use
s"c,uriiy;i,1;Nor shall this paiagraph or any other provision of this Agreement be interpreted to
permit,tqip,.r+frlnurer of a lffi file an action against the BOCC.
14. CbNSfNf TO'VlCaTE PLAT. tn the event the Owner fails to comply with
the terms of thii'r4geemEnt, the BOCC shall have the ability to vacate the Final Plat as it
pertains to any lois ftr.'Which building permits have not been issued. As to lots for which
building permits have been issued, the plat shall not be vacated and shall remain valid. ln such
event, the Owner shall provide the BOCC a survey, legal description and a plat showing the
location of any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC
may vacate the plat, or portions thereof, by Resolution. It is specifically agreed that this
paragraph 14 applies to the Subdivision as a multi-phased project and, therefore, in the event
the BOCC vacates the Final Plat as to the Subdivision, subject of this Agteement, the BOCC
may also withhold approval of a final plat for a future phase if Subdivision Improvements
covered by this Agreement are not completely installed and operable.
Sub divis io n Improv ements A gre ement
P anoramq Res erv e Sub divis io n
Page 8 ofll
15. NOTICE BY RECORDATION. This Agreement shall be recorded in the
Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to
all lots, tracts, and parcels within the Subdivision. Such recording shall constitute notice to
prospective purchasers or other interested parties as to the terms and provisions thereof.
16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein
shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the
BOCC.
17, IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE
pROVISIONS. All notices required or permitted by this Agreement shall be in writing and
shall be deemed effective when received by the recipient party,via personal or messenger servlce
delivery, facsimile transmission or United States certified mail'(postage prepaid, retum receipt
requestld), in all cases addressed to the person for whom it is intended at the Addrls or facsimile
number set forth below:
, RFI!
'{tq" ' '""'1,.::::.:,P ',ri..r,tll,r '"nii.ii;ri:irr,.
BOCC:, . i
. .riL
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rq ":
Owner:Cort Lewis
1075 Saxony Drive
Hiehl.ql{,Park, IL 6003 5
:l ,i. .lr.:: l.i .
w h o p1t ;!,o i epl e s eut q t iv e :
Caloia, Houpt & Hamilton, P.C.
1204 Grand Ave.
Glenwood Springs, CO 81601
Phone: (970)945-6067
Fax: (970) 945-6292
Board of County Commissioners
of Garfield County, Colorado
c/o Fred Jarman, Planning Director
108 Eighth Street, Room 401
Glenwood Springs, CO 81601't;i:.,.,,,. ,.,,1i' Phone: (970) 945-8212
'i'niil',!ii;r:iu Fax: (970) 384-3470
,]:
The Representatives 'of the Owner and the BOCC, identified above, are the authorized
represeniatives of the parties for purposes of contact administration and notice under this
Agreement.
18. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, as their interests then appear. The parties, however, may
change the identification of notice recipients and contract administrators and the contact
Sub div isi o n Improvements A gr e ement
P anoram a Res erv e Sub divis io n
Page 9 ofll
information, provided in paragraph 16 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
D. COIINTERPARTS. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall be deemed one
and the same instrument.
20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado,
and this Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date of Final Plat Approval for the Subdivision. 'li . ,.
, ,i,
Sub divis ion Improvements Agr e em ent
P a norama Res erv e Sub divisio n
Page 10 of ll
irh No. 165.IB---D-1222051-P-aoe #4,]
TABTE OF CONTENTS
Bntrowcr/Clicni Lewis File No, 165-TBD-122205
Citv Carbondale county Garfleld state co. zjp code 81623
Lender JP Morqan Chase
Table of Contents .......,.,
Summary ol Salient Feaures
Subiect Photos
I
10
11
12
13
14
Form T0CP - "WinTOTAL" appraisal sottware by a la mode, inc. - 1 -800-ALAM0DE
tAND APPRAISAT REPORT
ih N0 165-.T80:1t2ro5I-Paoe #61
Tracking #821659
Legal l)escription Lenqthv
satePriceg621,000 oateo@ iiopeoRighrAppraised
Actual Real Estate Tues $312!J_q__ 0r) Loan charges to be paid by seller $ None other sales concessions
Census Tract !!19- Map Belerence 2391-174
Good Avg. Fair Poor
Employmeotstability trXEE
conveniencetoEmployment nX[tr
conveniencetoshopping trXEfl
Conv€niencetoschool, EXDE
AdequacyolPublicTransportation D X n E
BecreaflonalFacilities. IEtrE
Adequacyolutitrties EXDtr
Propertycompatbility nEEE
ProiectionkomDetrimentalconditions D X tr I
polceandFlreProtection DNtrn
GeneralAppearanceolPropertes tr E E EAppealtoMarket trXDtr
PresentLandUse 'Iq%lFamrly-lg%2'4Family
-%Apts, -19%Condo--
q%Commercial
_% lndustrial_jll% vacant
-% =inpresentLiiilse X Notlikely E uretvf) DlakinsPlace(')
l') From To
-
Urban X Suburban
over75% X zs*torsx
FamilyAge New yrs.to 100 yrs PredominantAge 10-25 yrs'
Rapid X steaoy
lncreasino X suute
Shorlage ffi tn Balance
Under3 Mos. E q-ouos.
(') From -- To
--
ninantoccupancy Eowner ITenant 5%Vacant
FamilyPriceRange $ 2oo,oo0 t0$-L,lMi!I9!1- PredominantValue$ 400,000
including those factors, favorable 0r unfavorable, afiecting marketability (e,9, public parks, schools, view,
Elec. Xil - T.pr*
water tr wefl
San. Sewer E Seotic
I Undergmund Elect. & Iel
= 45.0 So.Ft,orAcres X Cornerlot
Eilrnt trpr*r*tt X oo n do not conform to zoning regulations
and best use X Present use
tr the pDperty located ln a HUD ldenlilled Speclal Flood Hazard Area? X Nl
Comments (favonble or unfavorable including arry apparent adveme easemenls, encroachments, or otlEr adverse corditions): V
OFF SITE IMPROVEMENTS
streetAccess xpuutic Dprivate
Surlac8 Paved
Maifltenance XPubilc EPrivate
E Storm Sewer E curo/Gutter
lavorable than he subject property, a plus (+) adjustment is made thus increasin0 $e indicated value ol the subject'
TBO County Road 100
Comrnents and Conditions 0f Appraisal:time of
these
*ff'W:as
oEFrt{Eo' 0F suBJEcr PR.PEf,TYAsoF December 22nd 2005 to be $
I oio I Did Not Physically Inspect Propery
RFAS {970)9633281
Form LN0 - lVinToTAU appraisal sofrware by a la mode, inc, - 1'80GALA|VI0DE
z
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3
Carbondale Couflty Garfield State CO
ao0EEo6EI
z
-ocation
3uilt Up
Srowth Rate E futty oev,
Property Values
Demand/Supply
E Rural
E unoer 25*
E stow
fl oeclining
! 0versuppY
E 0ver 6 uos.
.,,crnmsihntctamitvdwcilinos Subdivisionsarelocatedthere.andofferconvenientaccesstoall vallevamenities. HiqhwavS2isthemain
rda.lwav throuoh the area. and ororid"a acce"s to nearby Carbondale. Overall marketabilitv is good Private mountain area'
UF6
mountarns. Averaqe access via paved roads uo Irom vatlev floor. Roarinq Fork Vallev location with conv€nlent occesS to ?ll v?lEV actryrtres
liLi^^ ^^m^i^^ n.hi^^ .^t ^ihar ^ril.j^nr nffcrindq No e.lverse factoB noted tO imOaCt Value.
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ITEM COMPARABI F NO, 1 OOI\,IPARABI E NO, 2 COMPARABLE NO, 3
Address TBD Panorama Drive
iriec^' 'ri Ha;dhtc Araa
1459 County Road 102
rri.c^,'.i Hai^hlc Aree
900 Spring Park Road
anrina Derk Maadnm
PrnYimitu in SilhiPct 4 51 miles
Selpq Pricp A)1 nO(620 00r sq5 000
Pri.p ln
oate of Sale and
Time Adiustrnent
nFqnRrpTlnN nFscRlPlloN l+l- l$ Adius NFSCRIPTIt]N rl- l$ Adiils t)FSCRIPTION +l- l$ Adiusl
'12-2)-2005 09-2005 5 -ro05 r
tulissorrri Heiohts Miccorrri Heiohts Miacnrrri Hcinhtq
46 O Acrcs +11 +An nnn a4^a^.a. ' +ll0n0a
V G^nd - Molrnlains \/ G^n.l - Molrntains
Access
)oooranhv I ovcl l^ Rnllind I 6vel to Rollino I .r,al t^ Pdllinn
iales or Unancing
)oncessions N/A 0 n
l)at ( 110000 h1t 60 00 lYl r ll-'t 10.00c
ndicated Value
)f Subiect 730 00n 655 00r 653 00C
iEir^, r^^-ri^h. .hd r.nd .i7aa All adir rstmehts made are necessary and
unavoidable when comoarino the sales to the subiect property.
cr rhia.t,c dvarrI nomn^rable trrti."o*i l-l"iohts NBHD. and are considered the best indicators of value for the subiect propertv
:inal Beconciliation: This vacant land valuation report is being vwitten for loan purooses. lt is intended to complv wrtn u)FAr regurauorrs r "s
subiecfs estimated vatue assumes-GEil;t site has all woical utilitv hookups and features that make the site readv and available for
,ile Ml 6tTBD-1u205ITao;77
MULTI-PURPOSE SUPPLEMENTAT ADDENDUM
FOR FEDERATLY RETATED TRAI'ISACTIOI'IS
This Multi-Purp0se Supplemental Addendum lor Federally Belated Transactions was designed t0 provide the appraiser witi a convenient way to c0mply with the cunent
appraisal standards and requirements 0f the Fedenl oeposit lnsurance Corporation (FDIC), he otlice of the Comptroller ol Currency (0CC), The oflhe ol Thrifl
SupeNision (0TS), lhe Resolution Trust Corporation (RTC), and the Federal Reserve.
This Multl-Purposo Supplemontal Addondum ls tor uso wlth any appraisal. Only lhose
statoments whlch hare bcen chockod by lho applaisor apply to tho ploporty bolng appralsod.
x PURPOSE & FUilCTIOTI OF APPRAISAT
The purpose 0l the appraisal is to estimate the market value 0l the subiect property as delined herein. The lunction 0t the appraisal is t0 assist the above'named
Lendel in evaluating the subject property for lending purposes. This is a federally related transacti0n
a EXTENT OF APPBAISAL PROCESS
X Ttp appraisal is based 0n ths inlormalion gathsred by fie appraiser kom public records, other identified sources, inspection ol ttre subiect properly and
naghborhood, and selection of comparable sales within $e subject market area. The original source ol tlle comparables is shown in the Data Source section
of fie market grid along with he source 0, contirmation, if available. The origi0al source is presented first. The sources and data are considercd reliable.
When conflicting informauon was provided, fie source deemed most rcliable has been used. Data believed to be unreliable was not included in fie r€port nor
used as a basis for fie yalue conclusion.
E The Beproduction Costls based on
supplemented by lie appraiser's knowledge 0f the local market.
n Prysical depreciation is based 0n he estimated etfectlve age of the subiect property. Functional and/or extemal depreciation, if present, is specllically
addressed in fie appraisal (eporl 0r ofier addenda. ln estimating the site value, $6 appraiser has relied 0n peIsoflal knowledge of the local rnarket. This
knowledge is based 0n prior and/0r curent analysis ol site sales andor abstractiofi of site values from sales 0f improved properlies.
X The subject property is l0cated in an area 0l primarily owner0ccupied single family residences and the lncome Approach is not considered to be meaningful.
For this ,eason, the lncome Appr0ach was not used.
D The Estimated Market Rent and Gross Bent Multiplis utjlired in the lncome Approach are based 0n the appraiser's knowledge 0l the subJecl martet area.
The rental knowledge is based on pnor and/or cunent rental rate surveys 0, residential properties. The Gross Rent Multiplier is based 0n priol and/or cunenl
analysis of prices and market rates lor Iesidential properties.
! For income producing propedes, actual rents, vacancies and expenses have been reported and analyzed. They have been used to proJect luture rents,
vacancies and expenses.
a SUBJECT PROPEBTY OFFEBII{G INFORMATION
According t0 Public record tlE subject property:
n *, n* *r, o**f,orrfri, l,uffi*o.
E iscunentlyolferedforsalefor$ 630.000
n was ollered tor sale wittrin fie past D so orys E t year n I years
E Oflering informalon was c0nsidered in the linal reconciliation ol value.
fl 0ffering inlormation was not considered in $e linal reconciliation of value,
E otfering inlormatjon was not available. Th€ reasons for unavailability and the $eps taken by the appraiser are explained later in this addendum.
a SALES HTSTOBY OF SUBJECT PBOPERTY
According ttE subject property:
I Hasnottranslened E infrepasttwelvemonths. X inthepastthirty-sixmonhs. n inthepast5years.
E Hasiranslened E iflfiepasttwelvemonths. E inthepastthirty-sixmontrs. ! inthepast5years.
E fi prior sates which have occurred in he p?st arE listed bebw and reconciled t0 the apptaised valu0, either in the body ol tie report or in the addenq.
a FEMA FTOOO HAZARO DATA
Subiect property is not located in a FEMA Special Flood Hazard Area.
Subject property is located in a FEMA Special Flood Hazard Area.
Zone FEMA *Map oato ilamo ol
The community does not partici0ate in the National Fl0od lnsurance Program.
The community doBS particioate in the Nal0nal Flood lnsurance ProgBm.
It is covered by a Gqulal program.
It is coverBd by an enoellEloy program.
x
tr
tr
T
tr!
Page 1 ol 2
torm MPA3 -'lilinT0TAL" appraisal sottv'/are by a la mode, inc. - 1-8oGALAMoDE
RFAS (970)9633281
Bonower/Client Lewis
P,ope,w Add,ess rB o p, nor" r, D,illf Eif Ef iiIIIIi[f nd-l
City Carbondale CountY Garfield
Lender JP Moroan Chase
state co.zip code 81623 _
lor $
hNoJ65:18D-122r05f Pri-e781
x CURRE}IT SALES GONTRACT
nx
tr
The subject property is curently not under contract.
Thecontractand/orescrowinstructionswerenotavailablelorreview. TheunavailaDility0fthecontractisexplainedlaterintheaddendasection
The conlract and/or escrow instructions were revlewed. The l0llowing summarizes lhe contract:
Contracl Dats Amondmont oato Contracl Prlc8 Sollcr
trtr
lnntr
D
The contract indicated that personal ploperty was not included in the sale.
The contract indicated that personal property was included. lt consisted ol
Estimated contributory value is $
Personal property was not included in $e final value estimate,
Personal property was included in he linal value eslimate.
The conrad indicated mli0amiN-comesstms or other incentives
The contract indicated the lollowino concessions or incentives:
ll concessions or incentives exist, the comparables were checked for similar concessi0ns and appropriate adiustmeflts were made, il applicable, s0
that the final value conclusion is in compliance with the Market Value defined herein.
X MARKET ovEnvtEw lncludean erplanatlon olcurrentmarketcondillonsandtrcnds.
4 to 6 months is considered a reasonable marketing period lor the subject property based on the local real estate market'
X ADDrnoNALcERTtFtcATlol'l
(1)
TIE Appraiser certilhs and agrees that:
The analyses, opinlons and conclusions were developed, and this report was prepared, in conlormity with the Uniform Standards of Prolessional
Appnisal Practice rUSPAP), except that tlre Departure Provision 0f the USPAP does not apply.
Their compensation is not contingent upon fie reporting 0f predetermined value or direction in value that favors the cause 0f the client, the amount
ol the value estimate, fie attainment ol a stpulated resut, or the occunence ol a subsequent event.
This appraisal assignment rvas not based on a requested minimum valuation, a specilic valuation, or the approval of a loan.
tz\
(3)
X ADDrloilAL (Et{vlR01{MEt{rAL) LlMlrlt{G c0NDlrl0NS
The value estimated is based on he assumption fial tlE property is not negativety allected by the existence ol hazardous substances 0r defimental
environmental c0nditions unless otherwise stated in this rep0rt. IIe appniser is not an expert in lie identilicaton of hazardous substances 0r demmental
eruironrnental condttions. Ihe appraiser's routine inspection ol and inquiries about the subject property did not develop any inlormalon that indicated
any apparent signilicant hazardous substances or detrimental environmental conditions which would allect the property negatively unhss othenvise stated
in $is rep0rt. tt is possible that tests and inspections made by a qualilied hazard0us substance and environmental expert would reveal he existence ol
hazardous substances or detrimental environmental conditions on or around the property that would negatively allect rts value.
X AoDtrroNAL coMMENTS
Tha cr rhia.i ^rnncrtv is e nie.e of vacant land located in a residential acreaqe settinq lt is currenttv under contrac
Based on tfp adiusied values of the comparable sales, the subiect's contract price is considered somewhat below current market value
levels for similar vacant tand in the overallcomparable Missouri Heighls
X AppRAtsER'sstcNATURE&LtcENsvcERTlFlcArloN
Appraisefs Signi Etlective oat€ December 22nd, 2005 Date Prepared Oecember 22nd, 2005
Appraiser,s Naml Phone # (970) 963-328'l
state co Tax l0 #
tr c0-srcl{NGAppRAtsEB'scERT|FlcATlol{
D TfE c0.signing appraiser has oersonaliv insoected the sublect property, both inside and oul and has made an exterior inspection ol all comparable sales
listed in tie report. The report was prcpared by the appratser under direct supervision ol the co-signlng appralser. The co-signing appraiser accepts
responsibility lor the contents of the report including the value conclusions and the limlting conditlons, and conlirms tfEt the certilicatl0ns apply
lully to the co-signing appraiser.
The co-signing appraiser has not personaly ins0ectsd the interior 0f the subject property and:
has not inspected the exterior ol the subject property and all comparable sales listed in the report,
has insoected the extenor 0l the subject property and all comparable sahs listed in the repo(.
Tjle report tvas prepared by h€ appraiser under direct supervisiofl ol he cosigning appraiser. The ccsigning appraiser accepts responsibility for the
contents 0l the report, including the value conclusions and the limiting conditions, and confirms that the certjlications apply lully to the co-signing
appraiserwiththeexception0ltheceillicatlonregardingphysicalinspectons. Theabovedescribesthelevelofinspectonperlormedbythe
co-sigrung appraiser.
The co-signing appraisefs level o, i0spection, involvement in he appraisal plocess and certillcation arB covered elsewhere in the addenda section
of this appEisal.
trTtrT
tr
!CO.StGI{I1{G APPBAISEB'S SIGTIATURE & TICEI{SE/GERTIF!CATION
Co-Signin0
Appraiser,s Signature Etlective oate Date Prepared
Co-Signing Appraisels Name (print)
-
State ELicense !certification#
Phone #
Tax lD #
?age 2 ol 2
torm MPA3 - ''WinT0TAL' appraisal sottware by a la mode, inc - 1 -800-ALAI\400E
The Drico oer acro for the cited sqlgq
L This apprr,rrl r*gnmert l^IN not based 0n a requested rmnimum valuation, a specilic valuation, or an approval ol a loan,
2. My compensation is not contingent upon the reporting 0f a predetermined value or direction in value that lavors the cause 0f tle client, lhe amount 0l the value
estimate, $e attainment 0f a $ipulated result 0r he occurEnce 0l a subsequent event
Elfectrve date i Report date:
RFAS (S70)9633281
FIBREA / USPAP ADDEI'IDUM
Form FUA-'WInT0TAL" appraisal software by a la mode' inc. - 1'800-ALA[400E
{'ro 1 65-rBD- 1 22205tPaoe #10]
Location Map
Borrower/Clienl Lewis
Property Address TBD Panorama Drive (46.0 Acres of Vacant Land)
@ County G"ni"tO State CO. Zip0ode gtOZ3
Lender JP Morqan Chase
Form MAP.L0C - "WnToTAL" appraisal software by a la mode, inc, - 1 -800'ALAI/00E
Nol6J-T-8o-JJ22ffifP'a
Subject Photo Page
Borrower/Client Lewis
dlE--- C"rOond"t"
-county
G"rti"tO State CO. Zip Code gt6Z3
ender JP Moroan Chase
Subiect Front
TBD Panorama Drive
Sales Price 621,000
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location Missouri Heights
View 46.0 Acres
Site
0uality
Age
Subiect Rear
Subiect Street
Form PICPX.SR - "WInT0TAL'appraisal sottware by a la mode, inc. - 1'80GALAM0DE
] No '1 6 5-TB 0- 1 2 22 0sfPnir #12
Subject Photo Page
Borrower/Client Lewis
itv carbondale county Garfield State co zip Code 81623
Lender JP Moroan Chase
Subiect Site View
TBO Panorama Drive
Sales Price 621,000
Gross Living Area
Total Roorns
Total Bedrooms
Total 8athr0oms
Location Missouri Heights
View 46.0 Acres
Site
ouality
Age
Subiect Site View
Subject Site View
Form PICPIX.SR - 'lvinToTAL" appraisal sotNYare by a la mode, inc - 1 -80GALAMoDE
jNo 165JJIBD-JI sl 13,l
Gomparable Photo Page
Borrower/Client Lewis
Prooert, Address rBD P"nor"r" DrirIlJ6l6ncEliillifiiliil) -
city carbondale county Gartield state co. zio code 81623
Lender JP Morqan Chase
Gomparable 1
1459 County Road 102
Prox. to Subject 4.51 miles
Sale Price 620,000
Gross Living Area
Total Rooms
Total Bedrooms
Total Balhr00ms
Missouri Heights
35.0 Acres
Gomparable 2
900 Spring Park Road
Prox. to Subject 3.66 miles
Sale Price 595,000
Gross Living Area
Total Booms
Total 8edro0ms
Total Bathrooms
Location
View
0uality
Age
Location
View
Site
0uality
Aoe
Gomparable 3
TBD County Road '100
Pro( to Subject '1.43 miles
Sale Price 543,000
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Missouri Heights
40.1 1 Acres
Missouri Heights
35.0 Acres
Locatron
View
Site
ouality
Age
Form PICPIX.CB - "!VIflTOTAL'appraisal sottware by a la mode, inc - 1-800-ALAM0DE
N0 165-IB!-i 22205f-Proe #141
DEFINITION 0F MABKET VALUE: The most probable price which a propery should bring in a competrtive and open market under all conditons
requisite to a lajr sale, the buyer and seller, each acting prudenly, knowledgeably and assuming the price is not atlected by undue stmulus. lmplicit in tris
delinition is the consummation ol a sale as of a specified date and the passing of title lrom seller to buyer under conditions whereby: (1) buy€r and seller are
typically motivated; (2) bo$ parties are well inlormed 0r rvell advised, and each acting in what he considers his own best interesti (3) a reasonable time is alhwed
lor exposure in the open market; (4) payment is made in terms 0l cash in U.S. dollars or in terms of linancial anangements comparable ther€to; and (5) the price
represents $e normal consideration for the property sold unallected by special or creative financing 0r sales concessions' granted by anyone associated wifi
he sale.
rAdlustments to trc comparables must be made l0r special or creative linancing 0r sales concessions. N0 adjustments are necessary
for tDse c0sts which ars normally paid by sellers as a result 0l tradition 0r law in a market area; these costs are readity identiliable
since the seller pays lhese costs in virtually all sales transactjons. Special 0r creative linancing adjustrn€nts can be made t0 the
comparabh property by comparisons to tinancing terms otfered by a third pary instiiltional l€nder that is not already involved in tlE
propefty 0r transaction. Any adlustrnent should not be calculated on a mechanical dollar tor dollar cost ol fie linancing 0r concession
but fie dollar amount of any adjustrnent should approximate fie markels reaction t0 he linancing or concessions based on he
appraisels judgement.
STATEMENT OF TIMITING GONDITIOI{S AND APPBAISER'S CERTIFICATION
GOilTtilGEilr AilO uMlTll{G coilDfiloNs: The appnisers certilication that appears in tk appraisal report is subject to the lollowing
conditions:
1. lhe appraiser will not be respomible lor matters 0f a lsgal natur€ that affect either he propeny being appraised or th€ tifle to it. Ths appraiser assumes liat
lhe tjfle is good and marketable and, therefore, will not render any opinions about the tille. Ihe property is apprahed 0n the basis of it being under responsible
ownership.
2. The appraiser has provided a sketch in tlE appraisal rep0rt to show approximate dimensions ol the improvements and the sketch is included only to assist
the reader 0l $e report in visualizing the property and understandino the appraiser'S determination of m size.
g. The appraiser has oGmined the available flood nraps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in $e appraisal rep0rt whether lhe subject site is located in an identilied Special Flood Hazard Area. Because the appraiser is nol a surveyor, he or she makes
no guarantees, express 0r implied, regarding this determination.
4. The appraiser will not give testimony 0r appear in court because he or she made an appraisal 0l the property in quesli0n, unless specific arrangements lo do
so have been made belorehand.
S. The appraiser has estmated the value ot $e land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations 0l tle land and improvements must not be used in coniunction with any oher appraisal and ars invalid il they ars so used'
6. Ihe appraiser has noted in the appraisal report any adverse conditjons (such as, needed [epairs, depreciation, the presence 0l hazardous wastes, toxic
subsAncei, ac.l observed during he inspection of the iubiect property or that he or she became aware ol dunng the normal research involved in perlorming
the appraisal. Unhss othenvise stated in tfE appraisal report, the appraiser has no knowledge ol any hidden 0r unapparefi conditions ol the propelty 0r
adverse environmental conditions (including $e presence ol hazardous wastes, toxic substances, etc.) hat would make the property more or less valuable, and
has assumed tBt there are no such conditions and makes no guarantees or waranties, express or implied, regarding tre condition ol fie property. The
appraiser will not be responsible lor any such conditions that do exist or for any engineering or testing UEt might be required to discover whether such
condiuons o{st. Because he appraiser is nol an experl in the lield ol environmental hazards, the appraisal repo( must not be considered as an
environmental assessment 0f the property.
7. The appraiser obtained lhe information, estimates, and 0pi0i0ns that were sxpressed in the appraisal report from sources that he or she considers to be
reliable and believes tiem to be true and conect. The appraiser does not assume responsibility lor the accuracy 0f such items that wers fumished by ofier
parties,
B. TIE appraiser will not disclose ttE contents 0l the appraisal report except as provided for in fie Uniform Standards ol Professional Appraisal Practice
g. The appraiser has based his 0r her appraisal report and valuation conclusion lor an appraisal that is subject l0 satislactory conpletion, repairs, 0r
alErations on fie assumption $at completion of the improvements will be performed in a worlmanlike manner.
10. The appraiser must provjde his or her prior written consent belore the lender/client specilied in the appraisal report can distnbute the appraisal report
(including conclusi0ns about the property value, the appraisels identity and prolessional designations, and relerences to any prolessional appraisal
organizatjons or $e lirm wiul rt,hich the appraiser is associated) to anyone olher fian the borrower; the mortgagee or its successors and assigns; the mortgage
iniurec consultants; prolessional appraisal organizations; any state or lederally approved ,inancial instilutioni or any deparunent, agency, 0r instrumentality
0, the United States 0r any state 0r the oistrict ol Columbia; except that the lender/client may distribute th€ property description section of the report only to data
collection 0r reporting service(s) without having to obtain the appraiser's prior written consent. The appraisefs written consent and approval musl also
be obtained belore fie appraisal can be conveyed by anyone to tre puDlic firough advertising, public relations, news, sales, or ofier media'
Pags I ol 2
RFAS (970)9633281
Form ACR -'WinToTAL" appraisal sottware by a la mode, inc. - l-800-ALAM0DE
treddie Mac Form 439 6-93 Fannle l\,lae Form 10048 6-93
[o-l6i--T-165]T8t)-122m5l"Proe#151
APPRAISER'S CERIIFICATION: The Appraiser certilies and agrees lhat:
1. I have researched the subject markst area and have selected a mrnimum 0f three r€cent sales 0l properties most similar and pro(mate t0 lhe subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to retlect the market reaction to those items 0l significant
vaiation. ll a signilicaflt item in a comparabh prope(y is superior to, 0r more lavorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price ol the comparable and, il a signilicant item in a comparable property is inferior to, or less favorable tian the subject property, I have made
a positive adjustment to increase the adjusted sales price ol the comparable.
2. I have taken into consideration the factors fiat have an impact 0n value in my development ol the estirnate of market value in the appraisal report. I have not
knowingly wifih€ld any signilicant i0formatton from fie appraisal report and I believe, to the best ol my knowledge, that all statements and infomatjon in fie
appraisal report are true and correct.
3. I stated in $e appraisal report 6nly my own personal, unbiased, and prolessional analysis, opinions, and conclusions, which are subiect only to he conlingent
and limiting conditions specified in this f0rm.
4. I have n0 present or prospective interest in the property tiat is the subject t0 this report, and I have no prssent or prospective personal interest or bias with
respect t0 tie participants in the transaction. I did not base, either partially or completely, my analysis and/or the estinEte of market value in the appraisal report
on the race, color, religion, sex, handicap, familial status, 0r national origin of either tiE prospective owners 0r occupants ol lhe subject propery or of the present
owners 0r occupants 0l the properties in the vicinity of the sublect property.
5. I have no present or contemplated futrre interest i0 the subject property, and neifier my current 0r luture employment nor my compensation for perlorming this
appraisal is contngent on lle appraised value ol the ploperty.
6, I was not required t0 report a predetermined value or direction in value hat lavors the cause 0f he client or any related party, the amount 0l the value eslimate'
the attainment 0, a specific result, 0r fie occunence ol a subsequent event in order t0 receive my compensation and/or employment for perlorming the appraisal. I
did not base the appnisal report on a requested minimum valuation, a speciflc valuation, 0r the need to approve a specilic rnoruage loan.
7. I performed fiis appraisal in conl0rmity wifi the ljnif0rm Standards 0l Prolessional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board 0l The Appraisal Foundation and hat v/ers in place as of the etlective date ol this appraisal, wih th€ exception of tfie departure provision ol those
Standards, which does not apply. I acknowledoe that an eslimate ol a reasonable [me lor exposure in tie open martet is a condition in fie definiuon ol market value
and the estimate I deveioped is consistent wifi the marketino time noted in trle neighboriood section of fiis report, unless I have ofienflise stated in the
reconciliatlon section.
8. I have personally inspected the interior and o(erior areas of the subject property and the exterior ol all properties listed as comparables in the appraisal report.
Lurther cedty hat I have noted arry apparent or known adverse condilions in he sublect improvements, on the subject site, or on any site within the immediate
vicinity 0l the subject pr0perty ol which I am aware and have made adjustments for these adverse conditions in my analysis ol the property value to the extenl hat
I had market evidence t0 support them. I have also commented ab0ut the etfect of the adverse conditions on fie marketability 0f the subject property.
g. I personally pr€pared all conclusions and opinions about the real estat€ that were set l0rth in he appraisal report. ll I relied on signilicant prolessional
assistance from any individual 0r individuals in the perlormance 0f the appraisal or $€ preparation 0l me appraisal report, I have named such individual(s) and
disclosed the specific tasks perf0nned by them in the reconciliation section of this appraisal reporl I certily that any individual s0 named ls quallfied to perlorm
he bsks, I haye not auhorized anyone to make a change to any item in he report; $trelore, if an unaufiorized change is made to the appraisal report, I wlll take
no responsibility for it.
supEnvlsoRy AppRAtsER'S CERTIFICATI0I{: ll a supervisory appraiser signed the appraisal repo( he 0r she certifies and agrees that:
I direcily supervise the appraiser who prepared the appraisal report have reviewed the appraisal leport, agree with tlE statements and conclusions 0f fie appraiser'
agree t0 be bound by the appraiser's certilications number€d 4 hrough 7 above, and am taking lull responsibility lor the appraisal and lne appraisal repo(.
ADDBESS OF PBOPERTY APPRATSED: TBD Panorama Drive (46.0 Acres ofVacant Land), Carbondale, CO 81623
APPBAISEB:SUPERVIS0RY APPBAISER (only it required):
Signature:
Name:
Date
or State License #:
Signature:
Name:
Oale Signed:
State Cerlification #:cR01 316672 State Certification #:
0r slate License #
state: co State:
b(piration oate ol Certitication or License:Expiration 0ate ol Certilication or License:
D oto I Did Not lnspect Property
Freddie tulac Form 439 6-93 Fannie Mae Form 10048 6-93Pagez ol 2
F0rm ACR -'!V|nT0TAL'appraisal sottware by a la mode, inc. - 'I-800-ALAM0DE
Report Date: 0312212007 08:36AM GARFIELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: 1
CERT #: 2007001444
SCHEDULE NO: R112087
ASSESSED TO:
LEWIS, CORT
1075 SAXONY DRIVE
HIGHLAND PARK IL 60035
LEGAL DESCRIPTION:
SECT,TWN,RNG:17-7-87 DESC:A TR. IN THE E2 CONT. 46.0 AC. +/-, PRE:R111777 BK.O771 PG:0671 BK:0550
PG:0483 BK:0536 PG:0878 BK:0536 PG:0799 BK;0509 PG:0615 BK:0502 PG:0464 BK:0466 PG:0399 BK:0429
PG:0383 BK:1770 PG:836 RECPT:691989 BK:1770 PG:833 RECPT:691988 BK:1598 PG:559 RECPT:654581 BK:1233
PG.574 RECPT:5765148K.1233 PG:571 RECPT:576513 BK:1048 PG:0765 BK:0894 PG:0121
PARCEL:2391-174-00-240 SITUS ADD:CARBONDALE
ORDER NO: MARY
VENDOR NO:
CALOIA, HOUPT & HAMILTON
TAXYEAR CHARGE
2006 TAX
TOTAL TAXES
TAX AMOUNT
2,541.80
INTEREST
0.00
FEES
000
PAID
2,541.80
TOTAL DUE
0.00
0.00
GRAND TOTAL DUE AS OF 0312212007
ORIGINAL TAX BILLING
Authority
/.]n DtrtEl n /^r-\t INITVunt\t |LLU vvur! I r
CARBONDALE FIRE
BASALT WATER CONSER
COLO RIVER WATER CONS
SCHOOL DISTRICT RE.1
COLORADO MTN COLLEGE
GARFIELD ROAD & BRIDGE
GARFIELD HUMAN SERVICES
GARFIELD CAP EXPEND
SCHOOL DISTRICT RE-1 BOND
CARBONDALE FIRE BOND
TAX DISTRICT 011
Mill Levy
E, A)q
4 020
0.067
0.221*
26.719
3.997
3.700
0.930
3.600
10.290
2.215
Actual Assessed
506 000 40 ?ao
FOR 2006 .,IR-MF
Amount
218.53
239.22
2.70
8.90
1,076.24
161.00
149.04
37.46
145.01
414.48
89.22
Values
RES!DENT!A.!-
TOTAL 506,000 40,280
TAXES FOR 2006. Credit Levy
63.1 03.2,541.80
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TMES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERry AND MOBILE HOMES - SEPTEMBER I, 2007
REAL PROPERTY - OCTOBER 1,2007 TAJ(, LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
l, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. ln witness whereof, I have hereunto set myrhand aryd seal this 22nd day of March, 2007
.'\I .r"d(t,u.tTREASURER, GARFIELD COUNTY, GEORG]A CHAMBERLAIN, BY
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 94s-6382
{-,
DRAFT
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
PANORAMA RESERVE SUBDIVISION,
INCLTIDING WELL SHARING AND
IRRIGATION WATER USE AGREEMENT
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
PANORAMA RESERVE SUBDTVISION, INCLUDING WELL SHARING AND
IRzuGATION WATER USE AGREEMENT (hereinafter the "Declaration") is made this _
day of 2007, by Cort Lewis (hereinafter collectively referred to as
"Declarant") owner of the property described below, which property is located in Garfield
County, Colorado:
WITNESSETH:
WHEREAS, Declarant is the sole owner of certain real property located in Garfield
County, Colorado, described on Exhibit A attached hereto (hereinafter referred to as the
"Property''); and
WHEREAS, a well known as "Lewis Well" is located upon the Property at a point
approximately2320 feet from the South Section Line and 2320 feet from the East Section Line
of Section 17,, Township 7 South, Range 87 West of the 6th P.M.; and
WHEREAS, Declarant is the sole owner of the Lewis Well (the "Well"); and
WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number
91058 for the Lewis Well, which permit allows use of water from the well for ordinary
household purposes inside three (3) single family dwellings, irrigation and the watering of
domestic animals and livestock; and
WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as
Lots A, B and C Panorama Reserve Subdivision-the Lewis Well is on Lot A), using the Lewis
Well as the source of potable water for domestic use on such lots and for irrigation water;
NOW, THEREFORE, Declarant hereby declares that the Well and the Property shall be
held, sold and conveyed subject to the following restrictions, covenants and conditions, which
are for the purpose of protecting the value and desirability of the Properfy, and which shall run
with the Well and the Property and be binding upon all parties having any right, title or interest
in the Well and the Property, or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each owner thereof.
1. Potable Water Supply. The potable water supply for each of the three lots within
the Property (alWa Panorama Reserve Subdivision) shall be the Well (Lewis Well), as operated
LEWlS-covenants and well sharing agmt
Panorama Reserve Subdivisir,
Declaration of Covenants
Page 2
DRAFT
pursuant to Well Permit No. 91058 issued by the Colorado Division of Water Resources. All Lot
owners shall be jointly responsible for meeting all obligations set forth in the Well Permit.
2. Water System Easements. All owners of lots within the Property shall have an
easement to access the Lewis Well and all pumphouses, storage tanks, pipelines, and other
workings associated with the delivery of potable and irrigation water to each lot (collectively
referred to as the "Water System") located anywhere within the Property, for reasonable
operation and maintenance purposes. Such easement includes a right to free and unrestricted
access for such purposes and shall be twenty (20) feet in width surrounding all parts of the Water
System as finally constructed or shown on the Final Plat. In the event that any gates, well
houses, or other parts of the Water System are locked for security purposes, all lot owners shall
immediately be provided with a key and shall not otherwise be restricted from accessing the
Water Systern. The reciprocal easements granted herein shall be for the benefit of all lots within
the Property. The location of all parts of the Water System shall be determined by cooperation of
all lot owners and in a manner which interferes the least with existing structures including but
not limited to houses, outbuildings, and roads. A backup collective cistern shall be constructed
near the Lewis Well and shall be maintained and operated by the homeowners' association as
described below.
3. Ownership of the Lewis Well. The Panorama Reserve Subdivision Property
Owners Association (described below) shall own and operate the Lewis Well, the Well Permit,
pump(s), and any appurtenant parts of the Water System used in common by all lots. No interest
in the Lewis Well and Water System may be transferred apart from the lots within the
subdivision. The Property Owners Association and all members thereof (the lot owners) shall be
mutually responsible for the Well and to operate, maintain, repair, replace and improve the
Lewis Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit
shall be put in the name of the Property Owners Association. The owner of the lot upon which
the Lewis Well is located or the Manager of the Property Owners Association shall be designated
as the lot owner to receive all mail and documentation relating to the Lewis Well and Water
System. Copies of all such mail and documentation shall be promptly provided to other lot
owners, or made available for review at the convenience of other lot owners.
4. Uses of the Lewis Well; water treatment obligations. The Well shall be used
for outdoor irrigation purposes, including lawn and garden irrigation of not more than one-third
(l/3) acre per Lot. Irrigation and use of water for domestic animals or livestock shall be
accomplished in a conservationist manner (e.g.water shall not be allowed to run continuously).
If any stock tanks or watering troughs are used, such troughs shall be filled no more than one ( l)
time per day and shall be heated if used in the wintertime. Each lot owner shall install a flow-
restrictor valve on their water supply line from the Lewis Well to ensure that the maximum draw
is not more than five (5) gallons per minute. The restrictor should be placed on the line running
into each lot owner's storage tank (described below in Paragraph 7). Lot owners shall be aware
that well water is not subject to state water treatment regulations, and therefore use of water is at
each lot owner's risk. Any treatment shall be at the option of each individual lot owner. If the
Property Owners Association should elect to construct any joint treatment facility, the costs of
LEWIS-covenans and well sharing agmt
Panorama Reserve Subdivisio.
Declaration of Covenants
Page 3
DRAFT
such facility and operation and maintenance thereof shall be assessed as common expenses of the
lot owners by the Property Owners Association in the same manner as other common expenses
described in this Declaration.
5. Emergency Repair of Water System. In the event that the lot owners are unable
to agree upon any maintenance, repair replacement or improvement necessary to continue
potable or irrigation water service, any of the lot owners shall be entitled to undertake any
maintenance, repair, replacement or improvement necessary and essential to allow continued
water service. ln the event that any lot owner(s) decide to undertake any such work absent the
consent of any other lot owner(s), he or she shall notify the other lot owners in writing. The lot
owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written
statement of the work performed and an allocation of each lot owner's share of the costs. In the
event that emergency repairs are required, before undertaking any such work each lot owner will
attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such
repairs. Bills for emergency repairs shall be allocated among the three lot owners in the manner
set forth below in Paragraphs 9 and 10 for payment ofjoint expenses associated with the Potable
Water System associated with the Property.
6. In-house uses preferred; no waste. In-house use of water from the Lewis Well
shall take precedence over use of water for irrigation, domestic animals or livestock. ln the event
of a shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve
water. No lot owner shall be entitled to waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the Lewis
Well.
7. Storage. At the time that a residence is constructed by each lot owner, the
owner(s) of such shall install a water storage tank not less than 500 gallons in size at such lot
owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners'
expense where it can intercept all water for the lot from the well and be plumbed into the
residence to ensure that there is an adequate supply of water for the residence in the event that
the instantaneous pumping rate of the well is inadequate to meet demand. Each lot owner shall
also install a booster pump from each storage tank to help meet peak water demands.
8. No Other Wells. No other exempt wells may be drilled upon any lot within the
Property unless the drilling of any such well does not jeopardize the status of the Well Permit for
the Well which is exempt from administration under the prior appropriation system pursuant to
Colo. Rev. Stat. Section 37-92-602(3XbXIIXA). No other wells may be drilled within the
property absent the unanimous written consent of all lot owner(s) and a valid well permit issued
by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use
of the Lewis Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such
discontinuing lot owner(s) interest in the Lewis Well shall revert in pro rata ownership to the
other remaining lot owners still using the Lewis Well.
LEWIS-covenants and well sharing agmt
Panorama Reserve Subdivisit
Declaration of Covenants
Page 4
DRAT'T
9, Operation and Maintenance Expenses. The owner(s) of each lot shall be
entitled to use an undivided one-third (1/3) of the water produced by the Lewis Well. The
withdrawal of water from the Lewis Well shall be for domestic use in one single-family dwelling
on each Lot, irrigation of not more than one-third (l/3) acre per Iot and limited watering of
animals as permitted by the State of Colorado. The owner(s) of each lot served by the Lewis
Well shall pay one-third (l/3) of the costs of maintenance, operation, electricity, repair, and
replacement of the Lewis Well, pump(s) and appurtenant facilities, and the costs of common
water lines or other common water facilities. To the extent practicable, the use of electricity shall
be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such
meter will allow records to be kept of electrical consumption each year. If any lot is not hooked
onto the Lewis Well, the owner(s) of such lot shall not be obligated to contribute toward
operation and maintenance expenses. If any lot is hooked on but has not yet commenced service,
no electricity costs shall be assessed against the owner(s) of such lot. tn addition, the owner(s) of
each individual lot shall be exclusively responsible for the costs of installation, operation, repair
or replacement of any facilities used solely by that lot, including individual service lines and any
individual storage tanks. The Declarant will establish the Panorama Reserve Subdivision
Property Owners Association (the "Association") pursuant to the Uniform Unincorporated
Nonprofit Association, Act, Colo. Rev. Stat. Sections 7-30-101 to 119. Each lot owner shall be a
member of said Association and such Association shall be empowered to enforce all terms and
conditions set forth in this Declaration. The Association shall meet once each year in June to
appoint one owner as the manager of the Association. The owner(s) of each lot shall contribute
$100 per lot (total of $300.00 each year) into an account to be held by the manager of the
Association. These contributions shall be used first to pay monthly electrical expenses associated
with operation of the well pump. Any surplus funds each year shall be held over in the account
and designated for use in the event that the pump needs repair or replacement. If these funds are
fully used in any given year, the owner(s) of each lot shall make additional proportional
contributions (1/3, ll3, ll3) as may be necessary to cover expenses for that year. The Property
Owners Association shall operate and maintain the Potable Water System and pay any associated
costs for maintenance, operation, repair, replacement, or improvement of common facilities.
Non-essential maintenance, operation, repair, replacement or improvement of any part of the
Water System shall only be performed after consent of all lot owners. The Property Owners
Association shall be empowered to assess each lot owner proportionally for common expenses in
excess of annual required contributions, and to lien the property of any lot owner who fails to
timely pay any such assessment. All lot owners shall be entitled to an accounting of use of
community funds upon reasonable request to the manager, who shall keep records of
contributions and expenses for operation and maintenance of the Potable Water System.
10. Collection of Joint Expenses. As set forth above, a homeowners association to
be known as the Panorama Reserve Subdivision Property Owners Association shall be
established by the Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act,
Colo. Rev. Stat. Sections 7-30-101 to -119. This Property Owners Association shall levy and
collect from each lot owner his or her share of common expenses for the Lewis Well, electricity,
and other common expenses within fifteen (15) days from the time at which a written statement
of expenses is presented for payment by the manager of the Property Owners Association or the
LEWIS-covenauts and well sharing agmt
Panorama R.eserve Subdivisir,
Declaration of Covenants
Page 5
DRAFT
owner(s) of any other lot. ln the event that the owner(s) of any lot fails to pay his or her share of
common expenses within thirty (30) days of presentment of a statement, interest on the unpaid
amount shall accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days
after presentment. In the event that any lot owner fails to pay any amount due, including any
accrued interest, within six months from the date of presentment for payment, water service to
the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant
lot owner by certified mail sent no less than thirty (30) days prior to termination of service to the
last known address of the delinquent owner. Any lot owner(s) that have paid the delinquent
owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in
equity for a breach of this Agreement. Reasonable attomeys' fees and costs incurred by the
owner(s) of any lot(s) or the Property Owners Association in the process of collectin g any
amount due from any other lot owner(s) pursuant to the terms of this Declaration shall be paid by
the delinquent lot owner(s).
11. Access to Lots A and B. As shown on the plat map attached as Exhibit A for the
Panorama Reserve Subdivision contemplated herein, Lots A and B will be served by a single
point of access from the County Road known as Panorama Drive meeting the primitive
residential standards called for in Section 9:00 of the Garfield County Subdivision Regulations,
with Lot A and Lot B to each have their own driveway spur off of this access road. The
driveway access shall be a public road that will be maintained by the Property Owners
Association. The Property Owners Association shall assess the owner(s) of Lots A and B each
for fifty percent (50%) of expenses associated with construction, operation, maintenance, repair
or replacement of the access road, which shall be constructed in a manner that complies with all
applicable Garfield County standards, including but not limited to Section 9:00 of the
Subdivision Regulations which also requires thirty-foot wide accesses with a single lane at least
twelve (12) feet in width with a native surface, and a "hammerhead" tumaround at the driveway
spur of each Lot A and Lot B. In addition, this access road and the driveway on Lot A shall
serve as the vehicular and pedestrian access easement to the Well. [n accordance with
Paragraphs 9 and l0 above, each Lot (including Lot C) shall be assessed a portion of
maintenance of this access easement as it pertains to the Well to be determined by the Property
Owners Association
12. Pets. One dog shall be allowed for each residential unit and the dog shall be
required to be confined within the boundaries of the lot upon which the dog's owner resides.
13. Foundations and Individual Sewage Disposal Systems. A professional
registered engineer with the State of Colorado shall engineer all foundations on each Lot and all
individual sewage disposal systems (ISDS) used to serve each Lot. ISDS systems shall be
maintained by each individual lot owner as follows: (l) septic tanks shall be inspected, cleaned
and pumped at a minimum of every two years by a professional; (2) leach and disposal fields of
any kind shall be inspected by a professional every six months; and (3) disposal mechanisms
such as pumps or dosing siphons shall be inspected by a professional every six months. The
Property Owners' Association shall set an assessment for each Lot by January l5 of each year to
cover the estimated expenses of these inspections and maintenance. The Property Owners'
LEWlS-covenants and well sharing agmt
Panorama Reserve Subdivisio.- .
Declaration of Covenants
Page 6
DRAF|
Association shall schedule the inspections in conjunction with each individual lot owner. After
each such inspection, the owner of such lot shall provide a copy of the inspection report to the
Property Owners Association.
14. Fireplaces. No open hearth solid-fuel fireplaces will be allowed anywhere within
the Leo Subdivision. One (l) solid-fuel burning stove as defined by Colo. Rev. Stat. Section 25-
7-40I, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit.
All dwelling units shall be allowed an unlimited number of natural gas or propane buming stoves
and appliances.
15. Fire protection. In order to minimize fire danger within the Panorama Reserve
Subdivision, all lot owners shall be required to: (l) remove vegetation within a reasonable
distance from all structures in order to provide a safe zone in the event of a wild land fire; (2)
consider the weights of fire apparatus and accessibility requirements when constructing access
driveways into the lots; and (3) post addresses at points where driveways intersect the County
Road and on each residence if shared driveways are used (letters for address signs must be no
less than four inches in height, one-half inch in width, and contrast with background colors).
Each residence constructed on each lot shall be constructed with a sprinkler system.
16. Drainage. On the Properfy, one existing culvert exists at the inigation ditch that
crosses the Property. With the exception of the detention structures constructed by Declarant,
the Lot owners shall be responsible to comply with Sections 9:41 , 9:42, 9:43 and 9:44 of the
Garfield County Planning and Zoning Code in constructing any drainage facilities and each Lot
owner shall be fully responsible for such as may be necessary for their Lot. Individual lot
owners shall be responsible to provide their own grading, drainage and erosion control plans
when they apply for a Garfield County building permit that shows how each lot will keep flows
at historical rates, post construction drainage patterns and minimizing concentrated flows that
discharge to adjacent properties. In the event drainage facilities are needed for the access road
described in Paragraph 11, above, such expenses shall be shared ll3 each by each Lot. All
drainage plans must be engineered in accordance with the drainage plan prepared by Red
Mountain Civil, lnc. and on file with the Garfield County Building and Planning Department.
The Lot owners and Lots shall each and all are herein granted reciprocal easements across each
Lot as necessary for drainage purposes pursuant to the drainage plan prepared by Red Mountain
Civil,Inc.
L7. Traffic impact fees and School District Cash In Lieu Fees. As determined on
the final plat of the Panorama Reserve Subdivision and the Subdivision Improvement Agreement
(SIA), each Lot owner shall be responsible for their 1/3 share of the kaffic impact fee and school
district cash in lieu fee to be submitted to Garfield County. Declarant shall be entitled for
reimbursement for these fees from the sale of each Lot.
18. Colorado "Right to Farm" Requirements. Pursuant to C.R.S. $ 35-3-101, the
Lot owners, residents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agricultural operations as a norrnal and necessary aspect of living in
LEWIS-covenants and well sharing agmt
Panorama Reserve Subdivisir,-
Declaration of Covenants
Page 7
DRAF'|
a County with a strong rural character and a healthy ranching sector. All must be prepared to
encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying or
otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any one or more of
which may naturally occur as part of a legal and non-negligent agricultural operation.
19. County Maintenance Requirements. All Lot owners have the obligation under
State law and County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance with
zoning and other aspects of using and maintaining property. Lot owners should consult with "A
Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University
Extension office in Garfield County for a reference to these requirements.
20. Exterior Lighting. All exterior lighting on any Lot will be the minimum amount
necessary and all exterior lighting will be directed inward and downward towards the interior of
the Property, except that provisions may be made to allow for safety lighting that goes beyond
the Property boundaries.
21. Trash cans. All exterior trash cans within the Subdivision shall be bear proof
containers.
22. Carbondale and Rural Fire Protection District. Declarant shall pay the Fire
District an impact fee of $437 per dwelling (one dwelling per Lot) at the time of Final Plat.
Declarant shall be entitled to reimbursement of this fee from each Lot owner upon the initial sale
of each Lot.
23. Mineral Rights. The mineral rights associated with this Property have not been
severed and have been transferred with the surface estate.
24. Covenants to Run. These covenants and restrictions shall run with all lots within
the Property and shall bind the owners thereof, their successors and assigns.
25. Enforcement. This document may be enforced by any lot owner(s) or any
governmental agency having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by this document. The interpretation
of this document shall be governed by Colorado law. Unless the parties to any dispute arising
with regard to this document agree to an altemate form of dispute resolution, venue for any
dispute arising with regard to this document shall be in the courts of Garfield County, Colorado.
The prevailing party in any legal action to enforce this document shall be entitled to reasonable
attorneys' fees and costs.
26. Amendments. This docurnent shall be recorded in the real estate records of
Garfield County, Colorado. This document may only be amended by the unanimous written
consent of all lot owners within the Property. No amendment shall be effective until an
LEWIS-covenants and well sharing ag'rnt
Panorama Reserve Subdivisirr-
Declaration of Covenants
Page 8
DRAT'T
instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate
records of Garfield County, Colorado.
27. Severability. Should any provision of this document be declared invalid or
unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of
any other provisions, which shall remain in full force and effect.
DATED:2007.
DECLARANT:
DRAFT
CORT LEWIS
STATE OF ILLINOIS
COLINTY OF COOK
)
) ss.
)
The foregoing Declaration was subscribed and sworn to before me this _ day of
,2007, by Cort Lewis.
WITNESS my hand and official seal.
My commission expires:
Notary Public
LEWlS-covenants and well sharing agmt
.WRJ-5*0v,76
Application muit n
be complete where
applicable. Typeorprint in BLACK
INK No overstrikes
or erasurSs unless
initialed.
(1)- mailing. ^:o
NAME cI-[c.y"r"s Stltar
STREET '' 500 North Strcat
TELEPHPNE NO.(ror) 925-8086
(2) r.ocATloN.oF PROPOSED WELL:'
*rnr, ;'@rf i-cld -
Twp. 7S -, Rns, 8?- I,5th P.M
IN,S}(E,W)
(3) W-ATFR USE AND WEIL DATA
Proposed meximum pumping rate (opm) 1(,
l11
to be appropriated (acre-feer):2-)
Number of acre.s tg be irrigatsd:-:-ll@
Proposed total depth (feet):
COLORADO DIVISION OF WATEB RESOUBCES
818 Centennial Bldg., 1313 Shqrman St., Denver, Colorado 80203
RECETI,ED
wrl"l7
rmn rsuncft
!$IE MIEil0[e
FOR OFFICE USE ONLY:'DO NOT WRITE lN THIS COLUMN
Receipt No,
Easin
*t4o7-t
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 rellef in a civil court action.
rPpBoTrD IUBSIITm ro gns 19?9, A?-92_@2
lqrlbl llr) rs tlu omY rur oir r rnrct0, g5 rcnEs OB ltOSE DESrctarD ls ,5-_
Pcxlvrr t EXPIRA] rur{ DATE EXTENDED
,- /1, ,fil)glAverage annual amount of ground water
Aquiler ground wattr is to b€ obtained lrom:
Basalte or RGdrock
350
-[r
a-l J.
Oivner's well designation
9B9UND WAT.ER JO BE USED FOR:
( ) HOUSEHOLO USE ONLY-no irrigation (0)
(Xt ooMEsflc (,t
(X ) LrvEsrocK (2) :
( }COMMEFCIAL (4}
( I INOUSTRIAL (5)
I IBFIGATION (6)( } MUNICIPAL (8}
I OTHEB (9)
DETAIL THE USEbN BACK IN (11J
(4) DRILLER
Mountain Drilllng Co.
506? l,Ll Road
s;1, Carbondale Colo. 81523
(St.t.) (zip)
Tetephone No. q4 5- 5llr8 Lic, No. 6ql
Name
Street
DATE ISSUED
- _ .PERMTT ArPLtCArp
il A PERMIT TO USE GBOUND WATER
.(X4 A PERMIT TO CoNSTRUCT A WELL
(X ) A PERMIT TO INSTALL A PUMP
( ) REPLACEIIIENT FoR No.
-
n [)
fiorxen /Lu+A+4*^, /a- "5^tt (*) J(f-
WATER COURT CASE NO.- I
C\J
ION APPROVED
COUr.rfv -?.]
.,rr_. Aepgn Co19. 815LI
(5rat6l (zlp)
q6o
t\_
ff'e: Pursuant to Policy Memorandum 93-4, the uses
this well will allow for fire protection, ordinary - -_I allow foifire protection, ordinary ,'poses inside tip to three (3) single family
watering of-.poultry,- io.qrestic animals an
iiri6'stoff6'n a farm oriandh and-{lie iriigation of not
more than one (1).acre of-home gardens and lawns.
cML 9/7/06
and the area on (6)
diagram below.
Use the CENTEB SECTION (l section, 6tlO acres) lor the well location.
ssction I
2a2O ft. from South - se.. rine'(north or southf
2320 ft. from Bst sec.line(q't or w.rt)
LOCK
-FiLlNG
,
-
SUBDIVISION
(z)
LOCATED o*n*@
No. of acres.- .-.g'} ,,,, .Pcllowwi[ this be
tre ij6lilvilt'on tXfs ilactl-E
(8) PBOFOSED CASING'PRoGRAM
Plain Casino\./.: \ai :.^.
5il in. from
-lI-
ft. to 3 2 o , 1.
5il in .trom-?N 6.6 3 50 .6.
Perforated casing 'l
in. from ' ft. to- ft.
in. from
-
ft. to
-
ft.
-+-+
I++
.t.-;..1
-+-+
I++
I
I+-+.
I.+f
I-+-+
I++
1l
--r - -f
+-+
ET
-*l++
I.'.:
I
LINE I.1--1-
l_ _ .1,rl>
lc"tl;lm-r-l!'i l:tlz-J_ _ _l,lrrlr-l
LINE I
I++
I+-+
+-
629' FE
+
ECTIONT-t_
)-
l*
I.
I
I
ECTION I
+
I+-
MIL€,
BTH SI
5E
"
JffiEi
+-+
J<-- I++
I
1-l*-+flzllolEl I
olluJlqillrl I
.A1Hl--+lrl''I sot
I++
I
+. -+
t* -l -1..:
t*' '*
t
+---l-*
I
fI
+-+-
I++
If-+
(9) FOR BEPLACEMEN,T gELLS givedistance
and direstion from old well dnd plans for plugging
it:
The scale of the diagram is 2 inches - 1 mile
Each small 40 acres.
WATER EOUIVALENTS TABLE (Rounded FigurG.l
An acrc.foot covlrs I tcrc ol laod 1 fool digp
t cubic foot por s€cond (cfsl . . . 449 gallont pcr minute (gpml
A family ol 6 will raquirl rpproxlmrtGly I rcro-toot o, walcr per year.
1 acro-foot . . .43,560 cubic feot . . .325,9fi) gnllons.
t,OOO opm pumpad continuoutly lor ono dey produce 4.42 ror&f6ci'
Owner(s) :Jamcs Sa1ter and Waltcr Pozen and Saul No.of acres:81
Lesaldescription, Sea attachcti sheat prsvioue ^--F9ll9Y^-..'o ' /'.1
I-+-
I
I--+
I.17 ,
I-r_I
'l
110) LANp oN WHICH GROUND II'ATER WILL-SE USED:
(11) DETAILED DE$CAIPTION of the use of ground water:Hourehold ure and domEstio wetlc murt indicats type of dirposol
aryrtamtobeurd. DOmeetic usc fOr 1-3 h
(12) OTHER WAIfER RIGHTS used on this land, including wells.Give Begistration and Water Court Case Numbers.
Type or right
Dltch
Used for (purposel
Irrimtlon
Description of land on which used
fwo mcadows on ]and
(13) THE AppLICANT(S) STATE(S) THAT THE TNFORMATION SET FORTH HEREON lS
TRUE TO THE BEST OF HtS KNOWLEDGE.-*e
SIGNATUNE OF APPLICANT(S)
Use additional sheets o{ paoer if more space is required.
I
STATE OF COLOTUDO
OFFICE OF THE STATE ENCINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
rn^ (JUJ,, OOO-J)O)
www.water.state.co. us
CJL/Fanorama Reserve ii.doc
REIC,E:{V'lLi'r
AUG $ fl 2006
A r. f,1r-rr: i ft.'- J i, : ',. .' 'jL:;.i\r(l t,L. i, -
BU ILI)li'liJ';i P Jiitlh ; r'lu
July 31, 2006
Bill Owens
Covernor
Rusell Ceorge
Executive Director
Hal D. Simpson, PE.
State EngineerMark Bean
Garfield County Building and Planning Department
108 8th St Ste 401
Glenwood Springs CO 81601
Re: Panorama Reserve Subdivision Preliminary Plan
Section 17,T75, R87W, 6th PM
W. Division 5, W. Diskict 38
Dear Mr. Bean:
We have reviewed the above-referenced proposal to subdivide a parcel of approximately 46.07
acres into three lots, with one single-family dwelling and one agricultural outbuilding on each lot. The
applicant proposes to supply water through an existing well. Sewage disposal is to be through individual
systems. Household use is estimated to require approximately 1200 gpd.
Permit No. 91058 was approved on June 16,1977, pursuant to CRS 37-92-602(3xb)(ll)as the
only well on a tract of 35 acres. The maximum pumping rate of the well is limited to 15 gpm, the
average annual amount to be appropriated is 3 AF, and the uses are limited to domestic purposes in
one to three dwellings and livestock watering.
A well test completed by Samuelson Pump Co. indicates that the well produced over 20 gallons
per minute over a 4-hour period on April 26,2006, that the drawdown was 2.48 feet and that the gg,7o/o
recovery occurred within B minutes. With sufficient storage capacity, this well should provide an
adequate supply for the proposed use.
Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(hxl), that the proposed
water supply will not cause material injury to decreed water rights, so long as the applicant maintains a
vaiid well permit, and is physically adequate. lf you or the applicant has any questions concei'ning this
matter, please contact me for assistance.
Sincerely,W
Cynthia J. Love
Water Resources Engineer
r': i r -)lcc: Alan Martellaro, Division'Engineer, Division 5
.' ,, Bill Blakeslee, Water Commissioner, District 38
C,q.rom, JFJlouer g HaulrroN, p.C.
,dTTOR.NEYS.A.T L,AW
1204 GRAND AVENUE
GLENWOOD SPzuNGS, COLORADO 8160I
TELEPHONE (910) 94s-6067
FACSTMTLE (970)94s-6292
LETTER OF TRANSMITTAL
VIA HAND DELIVERY
DATE:
TO:
FROM:
RE:
April25,2007
Fred Jarman, Director
Garfield County Building & Planning Dept.
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Mary Elizabeth Geiger
Final Plat Submission - Panorama Reserve Subdivision
MESSAGE:
Fred:
ln response to your letter dated April 16, 2007 , enclosed please find the Statement Appointing an
Agent that was filed with the Secretary of State on behalf of the Panorama Reserve Subdivision
POA (an unincorporated association), along with checks from the applicant, Cort Lewis, to cover
the following impact fees:
(l) $880.43 to the County Treasurer as payment in-lieu of dedicating land to the RE-1
School District;
(2) $ 1,31 1.00 to the Carbondale & Rural Fire Protection District; and
(3) $6,278.92 to the County Treasurer to cover the traffic impact fees.
In addition, I had left you a message regarding the State Geological Survey comments as neither I
nor Jack Palomino received a copy of those. If you have them, and they have recommendations
that must be included in the covenants and plat notes, please provide them to me via email as
soon as possible.
Rick Barth, P.E. has made his changes to Exhibit A to the SIA, and I will submit them as soon as
I have Mark Beckler's changes to the Final Plat itself.
Paper documents must be lypewritten or machine printed.
3. Principal office mailing address:
(if different)
(City)
(Province - if app Iicable)
3. Registered agent: (if an individual):
(Last)
OR (if a business organization):
Caloia, Houpt & Hamilton, PC
(Street name and number or Post Olfice Box idormation)
Document processing fee
If document is filed on paper
If document is filed electronically
Fees & forms/cover sheets
are subject to change.
To fi1e electronically, access instructions
for this form/cover sheet and other
information or print copies of hled
documents, vis it qrr.r,rv. stls. sta i-e.. qo. us
and select Business Center.
5. Registered agent street address:
6. Registered agent mailing address:
(if different from above)
$ 150.00
Currently Not Available
ABOVE SPACE FOR OFFICE USE ONLY
Statement Appointing an Agent
filed pursuant to g7-90-30 1 , et seq. and -\7-31; 1 I 0 of the Colorado Revised Statutes (C.R.S.)
l. True name of the nonprofit association:
Panorama Reserve Subdivision Property Owners Association
2. Principal office street address:1075 Saxony Drive
Highland Park
(City)(Postal/Zip Code)
(Province - d app licab le)
Same
(C"r^t," - lf ^"t W
IL@ 60035
(State)
(Crr"r,y - tf;;t USf
(Postal/Zip Code)
(Flro (Middle)1W,
4. The person appointed as registered agent in the document has consented to beins so appointed.
1204 Grand Avenue
(Streel name and number)
Glenwood Springs co 8'1601
(ciry)(State)(Posral/Zip Code)
same
(Streel name and number or Post Olfice Box information)
(City)
(Province - if aPPlicable)
7. (Optional) Delayed effective date:
(mn/dd/YYY)
(State)(Postal/Zip Code)
LINA-AGT Page I of2
(Country - if not US)
Rev.9l2l12005
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknoliledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the indiviJual in good faith believes the document is the act and deed of the
person on whose behalf ihe individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes thc facts stated in the document are true anC the
document complies with the requir-ements of that Part, the constituent documents, and the organic statutes'
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered'
8. Name(s) and address(es) of the
individual(s) causing the document
to be deliverea fo. f,tirg, Geiger Mtry= Etiza-O,gll]
-
(L*0 F"', (Middle) (Sulfr4
Caloia, Houpt & Hamilton, PC - -- -
-fstr*t
*me snd number or Post o!fice Box idormation)
1204 Grand Ave
Glenwood Springs
(City)
-(Prwince
- if appticable) (Country - if not US)
(The document need not state the trae name and address of more than one individual. However' d you wish to sldte lhe name and address
of any additional individuals causing the documenr to be delivered for fiting, mark this box I and include an altachment stating the
name and address ofsuch individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice' and are
offered as a publii service without rep;esentation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
tirie to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
CO 81601
(State)(Postal/Zip Code)
L]NA-AGT Page 7 of 2 Rev.9/21/2005
Cnrom, Hourr t HnnrrrT oN, P.C.
ATTOR.NEYS AT N-.^.W
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 8160I
TELEPHONE (970) 945-6061
FACSIMILE (970)945-6292
LETTER OF TRANSMITTAL
DATE:
TO:
RE:
August 31,2007
Gartielo County Building &
Planning Department
Head of Dept. - Fred Jarman
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Leann R. Record - Legal Secretary LU" '\-/v
Panorama Reserve Subdivision
MESSAGE:
Enclosed for your file, please find a copy of the check and agreement between Cort Lewis and the
Carbondale Rural and Fire Protection District for Panorama Reserve Subdivision.
Should you have any questions or concerns, please feel free to give me a call at (970) 945-6067 .
Thank you.
0 4 2007
.-D CftUi.IlY
, & PIAI,II{ITIG
Enclosures
Car-om" Hor;pr' * Hanrm-noN, P "Cl"
ATTORNEYS 1\T LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE (970) 945-6067
FACSTMTLE (910)94s-6292
.(r.':iy."r-]':y..'tl-:',^--i'--. ,. - '..- . . .,-' , :' ..'),1t.
.' LETTER OF TRANSMITTAL .'2-.:-'l".^ ^^ )/,,.' ',.?-^i..::: /,''"...,,-' ;. :' -.' ..".'.:^,-. r..'--..'--'i.,,-^7. iy- ..; ,;.-
DATE: August 28,2007
TO: Jenny Cutright, Financial Manager
Carbondale & Rural Fire Prot District
300 Meadowood Drive
Carbondale, CO 81623
FROM: Mary Elizabeth Geiger, UrO $€6
RE: Corl Lewis
MESSAGE:
Enclosed please find two originals of the Agreement with Cort Lewis and check in the amount of
$ 1,3 1 1.00 to cover the impact fees for Panorama Reserve Subdivision. Please mail rne a receipt
for the check.
Of course, should you have any questions, please give me a call.
Thank you.
Enclosures
AGREEMENT
This Agreement is made and. entered into between Carbondale and
Rural Eire Protection District (Fire District) and Cort Lewis
(Developer), to become effective August L6, 2007, :regardless of the
actual date of execution by the parties:
WHEREAST oD December 8, 7993, the Fire District, approved
Resolution No. g3-7, Series of 1993, providi-ng for collection of a
base development impact fee of $200.00 per resider:tial 1ot, multi-
fam1ly resldential unit , or for each 10,000 square feet of
commercial or industrial buildings to be paid by ;rl1 developers of
property subdivided within the district; and
WHEREAS, by Resolution No. g4-2, Series of L994t the amount of
said development impact fee was increased to $235 ' 00 per
residential lot, multi-family residential unit, oT for each 10,000
square feet of commercial or industrial buildingsi; and
WHEREAS, by Resolution No. g'1-2, Series of L997, the amount of
said development impact fee was increased to I)339'00 for each
residential lot, mutli-family residential- unit r QT each commercial
or industrial building up to 1r 900 square feet in size with an
additional fee of $339.00 for each additional 1,9)0 square feet of
size or fraction thereof; and
WHEREAS, bY Resolution No. 99-6, Series of L999, the amount of
said development impact fee was increased to 1i417.00 for each
resid.ential 1ot, mutii-family resid.ential unit , or each commercial
or industrial building up to L,900 square feet in size with an
additional fee of $417.00 for each additional L,900 square feet of
size or fraction thereof, or $1,042.50 for each I,900 square feet
of hotel/motel buildings i-n size with an additional fee of
$1r042.50 for each additional 1,900 square feet of size or fraction
thereof; and
WHEB.EAS, bY B.esolution No. 2004-4, Series of 2004, Ehe amount
of said development impact fee was increased to $437'00 for each
residential }oi, multi-family residential unit, or each commercj-aI
or industrial building up to L,900 square feet in size with an
additional fee of $437.00 for each additional 7,900 square feet of
size or fraction thereof, or $1,092.50 for each L,900 square feet
of hotel/motel buildings in size with an additional fee of
$1rO92.5O for each additional 11900 square feet of size or fraction
thereof; and
WHEREAS, the Developer is seeking subdivisiion approval for
panorama Reserve Subdivision from Garfield Countyo which property
is located within the Fire District boundaries il:rd. is sub;ect to
the terms and conditions of said Resolutions; and
WHEREAS, the Fire Dj-strict has requested tha't as a conditlon
of approval of such subdivision by Garfield rlountY that the
Developer pay the Fire District a development impar:t fee of $437.00
for each residential 1ot, multi-family residentj.al unit, or for
each commercial or industrial buil-ding up to 1,90C square feet in
size with an additional fee of $437.00 for each additional 1, 900
square feet of size or fraction thereof, or $1,'092.50 for each
1,900 square feet of hotel/motel buildings in size with an
additional fee of $1,092.50 for each additional 1,900 square feet
of size or fraction thereof on or before the date of recording the
final plat of such subdivision or such other date as the Developer
and the Eire District may agree to in writing; drll
WHEREAS, there are 3 single famity residenti.rl l-ots, 0 mul.ti-
family residenti-aI unirs, or 0 commerclai j-ots or 0 hotel/moteI
lots that could be created in Panorama Reserve StLbdivision; and
WHEREAS, the parti-es have reached an agreemernt regarding the
amount, time of payment, and other matters acJreed to by the
parties, and the parties wish to set forth their agreement in
writing.
For good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree as follows:
1. Prior to the recording of the final subli vision plat for
Panorama Reserve Subdivision, Subdivi-sion, the De''zeloper shalI pay
the Fire District $ 1r311.00. This sum represents payment of a
development impact fee in the amount of $437.00 for each
residential lot, mul-ti-family units, or commercial or industrial
building up to L,900 square feet in size with an additional fee of
$437.00 for each additional L,900 square feet of size or fraction
thereof or $1r092.50 for each 1,900 square feet of hotel/motel-
buildings in size with an additional fee of $1,092.50 for each
additional L,900 square feet of size or fractj-on thereof; and
2. The Developer acknowledges and agrees that the
contemplated development in Panorama Reserve Stibdivision, will
cause certain fiscal impacts on the Fire District and will create
the need for additional Fire District facilities a.nd services. The
Developer further acknowledges that this developrnent should share
proportionately in the cost of providing these additional
facilities and services. The Developer further acknowledges and
agrees that the development impact fee to be colfe,cted according to
the above-referenced resol-utions and the terms of this agreement j-s
based on a rational nexus between the impact of 'this development
and the amount of said fees and that said fee is reasonal:Ie and
necessary to offset the addltiona1 costs that wi.Ll be incurred by
the Fire District for capi't.aI i-mprovements, faciliciesT equip,msnl,personnel, and services as a resul-t of this develcpment. Einally,
the Developer acknowledges and agrees that the imF,act fee is lawful
and valid and that the terrns and cond,itions of saicl Resol-utions are
binding on and enforceable against the Developer.
3. The Developer hereby irrevocably waives and releases and
agrees to indemnify the Fire District from any and- all claims of
any kind that might be asserted against the Eire District arising
out of or in connection with the development impact fee, the
collection or use thereof by the Fire District r ar the terms of
this agreement; provided, however, that this waiver shall not
preclude the Developer from enforcing the terms of this agreement
relating to reimbursement of excess fees as set forth more fully
be1ow.
4. Both parties have participated in the negotiati-on and
drafting of this agreement, and it shall therefore be interpreted
or construed in f avor or agairist either party by ',rirtue thereof .
5. This agreement shall be governed by, construed, and
enforced in accordance with the faws of the State,:rf Colorado. The
venue for any titigation arising out of this agreeilrent shall be the
District Court of Garfield County, Colorado. In the event of any
such litigation, the prevailing party shall be entitled to an award
of reasonabfe attorney's fees and costs incurred by the prevailing
party.
6. This agreement shall constitute the entire agreement
between the parties and any prior understanding or representatj-on
of any kind preceding the date of this agreement shall not be
binding upon either party except to the extent incc,rporated in this
agreement.
7 . Any modifj-cation of this agreement or additional-
obligation assumed by either party in conner:tion with this
agreement sha1l be binding only if evidenced in vrriting signed by
each party or an authorized representative of each party.
B. The failure of either party to this agr:eement to insist
upon the performance of any of the terms and corrciitions of this
agreement, or the waiver of any breach of any r>f the terms and
conditj-ons of this agreement, shall not be constrr:ed as thereafter
waiving any such terms and conditions, but the same shall continue
and remain in fulI force and effect as if no such forbearance or
waiver had occurred.
9. The invalidity of any portion of this agreement will not
and shall not be deemed to affect the validity of any other
provj-sion. ln the event that any provj-sion of this agreement is
held to be invalid, the parties agree that the reff.arining provisions
shal1 be deemed to be in ful-l force and effect as if they had been
executed by both parties subsequent to the expungement of thej-nvalid provision.
J-
t \,
Cnrom, Hourn t HaumroN, P"C.
.{TTOR.NEYS AT I-AW
I2O4 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE (970) 94s-6061
FACSIMILE (970)94s-6292
DATE: September 11,2007
TO: Garfield County Building &
Planning Department
Head of Dept. - Fred Jarman
108 8th Street, Suite 401
Glenwood Springs, CO 81601
FROM: Leann R. Record - Legal Assistant ly\-/"
RE: Panorama Reserve
MESSAGE:
Per Mary Elizabeth Geiger's instruction, enclosed please find a copy of the Carbondale & Rural
Fire Protection District Impact Fee Receipt dated August 30, 2007 regarding the Panorama
Reserve Subdivision.
Should you have any questions or concerns, please feel free to give Mary Elizabeth a call at (970)
945-6067.
Thank you.
iJ.,
-u'.,-. ..
sEF I 2 7001
..
Enclosure
LETTER OF TRANSMITTAL
&4
DATE.:Aurgust 30,2007
FIRE PROTECTION DISTRICT
Carbondale & Rutal Fire Protection Distrct
300 Nleadowood Drive o Carbondale, CO 81623
i)irone - (970) 963-2+91
Fax - (970) 963-0569
Received Panorama Resesrve Subdivision
From: o/oMary Ehzabeth Geiger
Caloia, Houpt & Hamiluon, PC
1204 Grand Ave
Glenwood Springs, CO 81601
P,\YI,fENT MET}IOD CHECKNUA{BER NAX,{E O F DE\,I]]LOPN{EN'I
Check
IMPACT Ftr,tr, Rtr,Ctr,IPT
&i:i/c*
Dat,:
QTY DITSCRIP]"ION UNIT }IUCE,TOTAL
3 Single Famrly LImts $ 437.00 $ 1,311.00
N,fuhi Familv Units $ jt37.00 $
Commercial/ Indus trial $ 437.00 $
rr^"^1 /1 ,{^*^lf f utcl/ r\rurcr $ 1,092.00 $
TOTAL A},{OUNT DUE,c 1 11 1.00{, 'rJ