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HomeMy WebLinkAbout3.0 CorrespondenceGARFIELD COUNTY PLANNING DEPARTMENT September 29, 1986 Fred Giomi P. O. Box 941- New Cast]e, CO 81647 Resubdivision of I-ot 1, Giomj. Mrnor Subdivision Dear Mr. Giomr: Per your request, I have reviewed the J-l'lar Estates (t'ot subdivision) with the County Attorney's office. conversation, it would be necessary for you to file a preliminary the proposed redivision of Lot 1 rn the Giomi Minor Subdivision. l, Giomi Minor Based on that plan for This is due to the fact the original preliminary plan approval for the J-Mar Estates was only valid until August 29, 1984. Enclosed is a copy of the preliminary plan section of the County Subdivision Regulations. As you noted in your letter, we do have some information on file that is stilL valid for the previous preliminary plan approval and could be used as a part of the re-submittal. rt is.1rcssib1e to make a copy of this information for you at a cost of about $a.OO to $O.OO, depending on how much of the information you want. We do not have reproducibles of the nraps. It will be necessary to hire someone qualified to generate the required maPS. As to the costs for the Process, $ZOO.OO for the County review with an Colorado Ceologic Survey re .'iew. I hire an engineer and surveyor. Thre final plat fee is $fsO.OO. this is a fairly brief response, but I am urilling to res;nnd to any more specific questions you may have. Feel- free t-o call or write to me, dt your convenience. the preliminarY Plan review fee is additiona] cost of $J-90.00 for the cannot be1l you what it would cost to Sincerely, 7J'fTfutA4&*'-- l4ark L. Bean Planning Director MLB/ernhr encl " 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY September 18, 1986 Mr. Mark L. Bean Pl ann'ing Department 109 Bth Street, Suite Glenwood Springs, C0 Resubdivision of , 303 81601-3303 Lot 1 (44. 53 Ac ) G'iomi Minor Subdivision Dear Mr. Kindly advise as above mentioned to 'i ncl ude th ree fourth being 2.6 wh'i ch wou l d be a Proposed access from County Road by Giomi Lane. to the necessary steps and expense in div'iding the property into four (4) 1ots. The projected lots are(3) lots cons'isting of approximately 14 Ac. and theAc. The ?.6 Ac lot be'ing an extension of Lot 6 boundary adjustment. on two of the 14 Ac. lots would be a common drive 346, and the third 14 Ac. lot would be serv'iced i^le are proposing a common well serving the three larger 2.6 Ac. lot not requiring water being a part of Lot 6. septic systems are to be used. The necessary easements and right of lvays will provide of domestic water as urel I as irrigat'ion water which is tioned on a per acre basis. 'lots, wi th the Individual di stri buti on to be propor- t^Je by to The the in Ac. understand that documents pertaining to the resubdivis'ion proposed Gary B. Sheveland are on file'in your office and most may be applied this request. purpose of this action is current sl ow real estate the 14 Ac. sites, however, property. to make said property marketable under market. lte have several parties 'interested have had no success in selling the 44.53 Si ncergly, , - t-{.{( ,4-,i.).3* , Fred Giomi FGl1 b sEP 2 S 1986 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUtLDtNG: gAS-BZtz February 5, 1985 Fred Giomi P.O. Box 941 Netr Castle, C:o 8L647 Dear l,lr. Giorni, Your reguest for an extension of one year to submit a final plat for theJ-Mar Estates subdivision was presented to the Garfield counly Board ofcounty conunissioners on February 4, 1985. rhey derayed any formar action,pending the clarification of ceitain information. They would like to knowwhen the foreclosure action was initiated, the date of court action on theforclosure and the date you took possession of the title. ff you would provide ttris inforrnationto the Board for action. please feelany questions. Sincerely, as soon as possible, f will get itfree to call or write nre if you have 7no,,/-X/*,*' Mark L. Bean Planning Director wB/Ls GARFIELD COUNTY COURTHOUSE I09 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 8I60I )t 0,.,*2, lnn o,-,* O.,*tr 'tn *//,ryVr---- "J/u,*p, A. ,l ,-<kd, Pa,/3o* q{/ YZ)AUH,4 /- z 8- ?s' -2"; Jfuu /; ,{A---/ // &*)-.2/-,sv-.//'H-P *"(r /jdr&- 0Af,FIELD co. prno..t'ri ,,n,,TlffiE JAr{z 81s85 j _/, -t/r- %.;/ F/r,-l cl -zb Q'Z.fu"J Lcd-a- "zaJt ,Lr*'&/-tO4- -Z/<-e, fu-u-fu-z-tq ct)a.z ;: ZtAe-*;. (w &,<,4--<--- fu"-"/ +" ',fu'r.t"*- 4--7t ,7L1 U*,-2*-/ ) ) ' 3 a--rz- ,.-*uZuo-Z/; ,'r./-2,,, ,a/*"-" fr-l -d"- gor/r&;-.;il-rtr--i -&,; J-*r*- ///b*-ru@ /*./., --! or-i* 6 -r>r7z-.2-/ GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 May 30, L984 Dan Kerst 817 Colorado Avenue, Suite 201 Glenwood Springs, C0 81601 Dear Dan: Mter a discussion with Steve Zwick, regarding your leLter of Wy 7, L984, we determined that technically your client has until Ar:gust 29, 1984 Lo complete the Final PIat process. This is based upon the requirenrent that preliminary PIan approval is valid for one year from the date of approval as contained in the County SuMivision Regulations of L978, as amended. As such, your request as to whelher Final Plat recording can be delayed until August 1, I9B4 is affirmative. If you have any further guestions or concerns, please feel free to call or write this office at your convenience. Sircerely, '- /')'' )a,;- (i'ro'"-' Mark L. Bean Senior Planner ItILB/emh XC: Steve Zwick I OO 8TH STREET P.O. BOX 640 GLENWOOD SPRINGS. COLORADO 8I 602 SCupNx, I{ERST & DEWTNTER ATTORNEYS AT LAW SUITE 2O1. AI7 COLORADO AVENUE GLENW()OD SPRINGI], (]C)LOF'ADO A1601 1303!. 945-2447 l4ay 7 , 1984 JOHN R. SCHENK DAN KERST WILLIAM J. OEWINTER, III DK/rc -East: cc: Garfield County Department of Coumunity Development 2074 B\ake Ave. Glenwood Springs, C0.B 1601 ATTENTION: Mr. Mark Bean Re: J-Mar Esta.tes Dear Mark: I currently have in my possession a Subdivision Improvements Agreement signed by Gary R. Sheveland for the J-Mar Estates Subdivision, which Agreement is tn a form which I believe has been approved by the County Attorney. Due to ongoing negotiations between Gary and the holders of the Deed of Trust covering the subdivisj.on regarding their acquisi.tf,on of Gary's rights j-n the subdivision, we would like to postpone the recording of the Subdivision Improvements Agreement and theflnal plat. However, we do not want the further postponement of recording to jeopardize the subdivision approval. Accordingly, please advise me if r^re can postpone the recording until August 1, 1984. We hope to be ln a position to record at an earlier date. Please give me your thoughts in this regard. very tru1y, Mr. Mr. Hugh Warder Gary R. Sheveland --\:' l.',- -: -' :':-:ft1!Sffi l,,t r; i:Y $ €g4 'I\LIX i .i .' '"nnar,*o co' PLAllliB' Yours I IVISION IMPROVEMENTS AGREEMEN THIS AGREEI,IEM, made and entered into this day of _bet\veenGaryR.Sheve1andandtheBoARDorcouvfY_EolorTSffi-NERSom COUlmY, COLORADO, hereinafEer referred to as Ehe "County", UITNESSETH: I^IHIREAS. Gary R. Sheveland is the or^rner of certain real property locatedin Garfield County, Colorado. more particularly described on the final plat for J-I4ar Estates and on Exhibi-trrA", whlch is filed on even date hereith, whlch real property ls now knor'n as t'J-Mar Estatesrt. hereinafEer ref erredto a s the trSubd lv is iontr ; and WHEREAS, AS a condition of approval of the final plat (hereinafrer referred to as therrPlatr') for the J-Mar Estates, Gary R. Sheveland wishes to enter into this Subdivision Improvements Agreement (hereinafter referred to as 'rAgreementr') wit.h the County; WHEREAS, the County has required and provide security or collateral sufficient make reasonable provision for completion set forth on Exhibit rrBrt attached hereto reference; and Gary R. Sheveland has aureed to in the _'iudgment of the County to of certain public improvements as and incorporated herein by this WHEREAS, Cary R. Sheveland has agreed to execute and deliver a letter of credit Eo the County to Secure and guarantee its performance of this Agreement and has agreed to certain restrictions regarding the issuance of building permits and cert,ificates of occupancy wiEhin the subdivision, all as more fully set forth hereinafter. NOi{, THEREFORE, for and ln consideration of the premises and the follorving mutual covenents and agreements, the parties hereby agree as follovrs: 1. PERFORI'IANCE. On or before December 1, 1985, Gary R. Sheveland aqrees to construct and instatl, or to cause to be constructed anC installed, at his sole expense, those public improvements set forth in Exhibit 'rBr'. Gary R. Sheveland agrees that all of the public improvements to be completed as identlfied on Exhtbit rrBrr attached hereto shal1 be constructed in compliance with the following: a) A11 final plat documents submitted prior to or at the time of final olat approval. A11 laws of the United States, State of Colorado, and its various agencies, affected special dlstricts, andfor municipalities providing utility services. Such other designs, cirawings, maps, specificatlons, sketches, and other matter submitted to and approved by any of the above-stated governmentaL entities. The County agrees that provided such improvements are installed in accordance with this paragraph one, Ehen Gary R. Sheveland shalt be deemed to have saLisfied all terms and conditions of the zoning and subdivlsion.laws, resolutions and regulations of Garfield County, Colorado lncluding but not limited to, Resolution No. 83-285 adopted by the County on August 29, 1983, and Resolution No. A/-ZAS adopt:ed by tshe County on August 29, 1983. I 2. COST 0F IMPROVEMEMS. It is understood, for purpose of this agreemente that the cost of all of said public improvements is One Hundred Cne Thousand Eighty Three Dollars and No/Cents ($10f ,083.00), ('tTotal ConsLruction Costs"), based upon the engineering cosc estimates seE forth on Exhibits rrBrr and t'Ct', which amount the County finds reasonable and hereby approves and accepEs. b) c) Gary R. Sheveland has prov I r^'ritten conf lrmaEion of suct Shrum and Assoclates, a Grarrs Junction englneering firm. Elmates bY Beck, 3. SECURITY fOR IMPROVEMEMS. On or before July 1, 1935, Gary i1' Sheveland shall deliver a letter of credit issued by a state or national banking insfitution rvhich is licenqed to clo business in the State of Colorado, in a form accepEable to the County, whlch accePtance shall be not unreasonably withheld' The amount of said 1etter of credit shall be equal to thettTotal ConsEruction (osEsfr of One Hundred One Thousand Eighty Three Dollars and No/Cents ($101,083'00), plus an inflation factor, as Provided for in Paragraph 4 belor+. In the evenE Gary R. Sheveland fails to dellver said letter of credit by JuIy 1, 1985, Ehen the Plat may be vacated by the County and in such event all approvals of the Subdivision by the County sha1l be deemed to have been r'rlEhdrawn and rendered null and void by such vacation and all parties shall be reLeased from any further obligation hereunder. Contemporaneously rvith the execution of this Agreement, Gary R. Sheveland has dellvered his written consent to said vacaEion in the event an acceptable let.ter of credtt is not delivered rvithin the time providedl and this consent is binding upon its successors and assigns" Upon Gary R. Sheveland delivering to the County said letter of credit, they shall be entitled to enter into sales agreements for the sale of lots. Llowlver, no buiLding permits shall be issued until the County has accepted t,he completed lmprovements. Upon delivery to the County of said lerter of credit, the tounEy shall issue vrritten approvaL ln a form recordable in the office of the I ecorder of Garfleld County, Colorado, stating that said leEter of crediE has been provided pursuant to this AgreemenE and that. sales agreemenEs may be made. ilowever, the County shall not be required to issue building permits for any buildings constructed wlthin the subdivision until such time as all improvements have been accepted by the County, which accePtance shall not be unreasonably withheld. Upon receipt from Gary R. Sheveland of his certification that the improvemenEs set forth on Exhibit rrBrr have been completed and paid for the County shal1 return to Gary R. Sheveland the letter of credit marked "satisfied in full" and shal1 acknowledge that all improvements have been completed in a satisfactory manner and shal1 otherwise release the aforesaid leEter of credit, in recordable form if requested by Gary R. Sheveland. The County may, at its option, permit Gary R. Sheveland Eo subsEitute other collateral accepEable to Ehe County for the collateral origianally given by Gary R. Sheveland to secure the completion of the improvements as hereinabove provided. 4. INFIATION ADJUSTMEMo As provided in oaragraph 3 above, the amounE of collateraL shall be aojusEed on an annual basis for inflation based upon the Consumer Price Index, Denver-All Urban Consumers Index, A11 Items, L967 equals 100, published by the United States Department of Labor, Bureau of Statistics. Each year during the term of this agreement, commencing on the flrst day of July, 1985, and each year thereafEer, the base amounE of.the collateral shal1 be adjusEed by compuEing the increase, if any, in the cost of living for the preceding year period and adding the same to the hase amount of the 329.6 anci the corresponding CPI number.for the months of each succeedi-ng year shall be :he current index number. The increase, if any, between the base lndex number and the currenE number (expressed as a percentage) shall be multiplied by the base amount of the col-Iateral and any resulting positive product shall be added to rhe base amount of the collateral and the total thereof shall be the adjusted amount of collatera1. The partles hereby agree that a new letEer of "rlait will be issued which vrllI equal the emount of the adjusEed amount of co1lateral. ' a, at any time durinl e term of any extension there aLd Consumer Price Index ls no longer pu-rished, the Parties shal1 uS€ s--rl oEher lndex as is generally recognized or accepted for the purpose of making slmilar decerminations of purchasing power. 5. NOTICE OF DEFICIENCIES. If the county deEermlnes that the improve- ments within any phase are nog consgructed in compliance with the specifica- tions thereof, it shall furnish a written list of speclfic deficlencles to Gary R. Sheveland. If Ehe deficlencies have not been corrected, or if satisfactory arrangements have not been made to correct such deflciencies within thirty (30) days after the list is furnished, the County may draw on the letter of credit such funds as may be necessary Eo accompllsh the consErucfion of the improvements in accordance wit,h such specifications' 6. ENFORCEMEM. In addltion to any rights uhich may be provided bv Cotorado Statuge, it is mugually agreed Ehat Ehe County or any purchaser of a 1or or unit within the subdlvision shall have the authority to brtng an action in the DisErict Court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include Ehe right to compel rescission of any sale, conveyance, or Eransfer of any lot or unit conErary to the provislons of this Agreement, or as set forth on the Plat of the subdivision, or in any separate recorded instrument. Any such action shall be commenced prior to Ehe issuance of a bullding permit bv the CounEy for such lot or unit; and in the evenE no such sction is so conruenced, then the (tounty and any purchaser shall be deemed to have waived their rights and authority herein provided. 7. APPROVAL OF PLAT. The County agrees to apProval of the Plat subject to the terms and condiEions of this AgreemenE. 8. AMENDMEM. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 9. BINDING EFFECf,. Thls AgreemenE shall be a covenant running with the tltle to each lot or unit wlthin the subdlvision and the rlghts and obligations as contained herein shall be binding upon and inure to the benefit of Developer, iEs successors and assigns. ATTEST: BOARD OF COUMY COI'IMISSIONERS GARFTELD COUIUY, COLORADO Cha irman ATTEST: Deputy Clerk to the Board SecreEary EXI]IBIT ' ENGINEE,TIS' PLANNERS. Puf f er bel ly East 215 Prtkin, Suite 203 G ra nd J unct ion. Colorado B1 501(303) 243-1227BECK, SHRUM & ASSOCTATES, tNC. Thomas P Beck, PE. Daryl K Shrurn.APA Thomas P. Beck, P.E. cc: Corr. Out s2].03 August 22, 1983 BSA-227/SZI.03 Mr. Tim Callahan Shamrock Surveying ServicesP.O. Box 35Silt, Colorado 81552 Subiect: J-Mar Subdivision Cost Estimate Dear Tim, As instructed by your w€ have prepared an estimate of probabrecosts for the following work at J-tvlar Subdivision: 3' asphalt mat, 7040 s.y. e $6 .50/s.y.6' base course, 1564 c.y. G $I5.00/c.y.24" dia. CMP, 50 l. f . G $20 .00/L.f..L2" dia. CMP, 50 1.f . e $9.55/t.t.6r000-9a1. storage tank, 1 ea. € Total ConstructionSilt rridge total ..S79.498.00fund ....S12;0O0.00 s 91 ,498. 00 $45, 750 23,460 1,000 478 8,800 $79 ,498 of course, since BSA has no contror over the cost of labor,materiarsr oE equipment, or over the contractorrs method ofdetermining pricesr or over competitive bidding or marketconditions, the above estimate of probable construction costs ismade on the basis of BSA's experience and qualifications. Theseestimates represent BSA's best judgement as professionals familiarwith the construction industry but are to be considered as BSA'sopinion onry. BSA cannot and does not. guarant.ee that actua.Lconstruction costs will- not vary from the above estimate. If you have any questionsr please give me a call. ND ASSOCIATES, INC. truly , SHRU OCIATION, INC. 3799 HI(;IIWAY 82 P. O. DRAWER 250 Gl.tit{wooD SpRINCS, COLOIiAI)() 8 I 602 EXiiTBIT ilcil l,1r . Gary R. Sheve l and2128 Railroad Avenue Suite 101Rifle, Colorado 81650 RE: J-Mar Estates Dear Gary: i{e have completed a design and eost estimaie for prorrid inqserrrice io the above *.r,iioned project- our facilities wilinstaileo as shown on the-attached sketch. tioly cross Electric estimaLes that the cost of constructionas follows: Total estimated eost of overheadconstruction The above figures are only estimates. After the job has beencompleted' the actuai """i of construction will u6-Jetermined.Your construction deposit wilr-b;-;;jJrt"o to refrect the aetualcost by making a refund or further .i".=r*"r,t. Execution of thisdocument eonstitutes .gr"u*"nt to pay iny further assessment in atimely manner. AdjustJa construction deposits are available forref und over u t:n- year pe{i9d ,: --=p""iii"a by Holy cross Erectric ,sLine Extension -Pori.y -oii -iir" with'-tiJ-puuri. urii ities commissionof the State of Coloiado. The above cost incrudes $1,885.00 for connecting to the originatl-ine extension in Giomi Estates. This sum wirl be refunded toI:; i;jti;[".;liii paid the ".iflnar consrru.ii"" deposit ro our power facilities must be installed on an easenrent. prease havethe fi'nal plat reflect the easements shown in red on the encrosed ililii;..1:;:" easemenr musr be dedicared prior to our besinnins rt will be the re-eponsiblity of each rot purchaser to makeapplication f9t electric ="irice -and lit "-tensions which miqht berec'rired within a f ot. No seeondary ,roituo" service will beavailable rrndor rh i c ^^h! electric 1be will be AItIiA COI)I 303 945_549 I I $9,585.00 Construction deposit (refundable)required before beginning workon the project s9,585.00 Gary R. Sheveland March .l8, 1983 Page Two The following conditions are hereby noted: 1. Lot corners or other locations will be provided by thedeveloper as needed to insure that our facilities are installedas shown on the attached sketch. 2. There is no provision in our estimate for revegetation. It ispreferred that revegetation, if required, be provided by parties other than Holy Cross E1ectric. 3. I,Je attempt to complete all Hcwever, highest priorityexisting consumers. This construction delays, will projects in a timely manner. is given to maintaining service to ourfact, along with inevitablenot al1ow us to guarantee a project completion date. 4. AII Holy Cross Electric rules and regulations wiIl be followed. When HoIy Cross Electric is in receipt of your check in the amountof $9r585.00, aII necessary executed easements, other permits, ifrequired, and the signed original of this letter agreement (below),the job can be scheduled for construetion Sincerely, HOLY CROSS ELECTRIC ASSOCIATIOIJ,INC. Staking Engineer WC:Isz Enclosures cc : Job#83-1, 0039 : 07-1 6 : J-Mar Estates The above terrns anC conditionsare agreed to and accepted BY: TITLE: DATE: