HomeMy WebLinkAbout1.0 Application•
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
SUBDIVISION APPLICATION
(CHECK THE BOX THAT APPLIES)
❑ SKETCH PLAN (optional)
❑ CONSERVATION SUBDIVISION
❑ PRELIMINARY PLAN
❑ PRELIMINARY PLAN AMENDMENT
❑ FINAL PLAT
WI FINAL PLAT AMENDMENT / CORRECTION PLAT
❑ COMBINED PRELIMINARY PLAN & FINAL PLAT
GENERAL INFORMATION (Please print legibly)
✓ Name of Property Owner: Cort Lewis
v Mailing Address: 1075 Saxony Drive
✓ City: Highland Park State: IL Zip Code: 60035 Cell: ( )
Telephone: ( 312) 848-8000
E-mail address: cortlewis@comcast.net
FAX: ( )
v Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
Mary Elizabeth Geiger, Esq.; Sherry A. Caloia, LLC
(
Telephone:
1204 Grand Avenue 970 ) 945-6067
• Mailing Address:
• City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( )
• E-mail address: mem@so ris.net FAX: ( 970 )945-6292
7 South 87 West of 6th PM
✓ Location of Property: Section 17 Township Range
• Assessor's Parcel Number: 2 3 9 1 - 1 7 4- 0 2- 0 0 1
✓ Practical Location / Address of Property:
Missouri Heights arca, approximately 3 miles
north of Catherine Store — Yono(ama f*,farue <-k)(cjiUt`7i
✓ Current Size of Property to be Subdivided (in acres): 46.069 acres
✓ Number of Tracts / Lots Created within the Proposed Subdivision: 3
Last Revised 12/24/08
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GENERAL INFORMATION continued...
Proposed Water Source:
: (See "Attachment 0" to be completed with Preliminary Plan Application)
Proposed Method of Sewage Dispos I:
:
Proposed Public Access VIA:
Easements: Utility:
Ditch:
Total Development Are. fill in the appropriate boxes below):
Units / Lots
Size (Acres)
Parking Provided
(1) Residential
Single -Family
Duplex
Multi -Family
Mobile Home
Total
Floor Area (sq. ft.)
Size cres)
Parking Provided
(2) Commercial
(3) Industrial
(4) Public / Quasi -Public
(5) Open Space / Common Area
Total
The following general application materials are required for all types of subdivisions in Garfield
County. Application materials that are specific to an individual application type (Conservation
Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use
Resolution (ULUR) of 2008.
1. Submit a completed and signed Application Form, an application fee, and a signed Agreement
for Payment form.
2. A narrative explaining the purpose of the application and supporting materials that address the
standards and criteria found in Article VII of the Unified Land Use Resolution of 2008.
3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if
the owner is being represented by another party other than the owner. If the property is owned
by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement
of Authority" demonstrating that the person signing the application has the authority to act in that
capacity for the entity.
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4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all public and private landowners adjacent to your property (which should
be delineated). In addition, submit a list of all property owners, private and public, and their
addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
County Assessor's Office. You will also need the names (if applicable) of all mineral interest
owners of the subject property, identified in the County Clerk and Recorder's records in
accordance with §24-65.5-101, et seq. (That information may be found in your title policy under
Exceptions to Title).
5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the boundaries of the subject property and all property within a 3 -mile radius of the
subject property. The map shall be at a minimum scale of 1"=2000' showing the general
topographic and geographic relation of the proposed exemption to the surrounding area for
which a copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form.
7. Submit 3 copies of this completed application and all the required submittal materials to the
Building and Planning Department. Staff will request additional copies once the application has
been deemed technically complete.
The following section outlines and describes the subdivision processes for the variety of subdivision actions
that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR).
Please refer to Article V in the regulations themselves for a higher level of detail.
• I. THE SKETCH PLAN
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The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an
optional plan review process intended to review at a conceptual level the feasibility and
design characteristics of the proposed division of land. The Yield Plan Review process, set
forth in Section 5-309, may be combined with Sketch Plan Review for applications
proposing Conservation Subdivision.
A. Process: The Sketch Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-301 of the ULUR:
1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review by Planning Commission
B. Application Materials: The Sketch Plan review process is set forth in Article V,
Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials.
1. Application Form and Fees
2. Vicinity Map (5-502(C)(2))
3. Yield Plan (required for Conservation Subdivision)
4. Sketch Plan Map (5-502(C)(2))
5. Land Suitability Analysis (4-502(D))
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• II. THE CONSERVATION SUBDIVISION
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The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a
clustered residential development option that allows reduced lot size and provides density
bonuses in exchange for preservation of rural lands through provision of open space. A
Conservation Subdivision shall be designed as a Density Neutral Development Plan or an
Increased Density Development Plan. The design standards for each development Plan
option are set forth in Article VII, Section 7-501 of the ULUR.
A. Process: Conservation Subdivision Review process is the same as the general
subdivision process with the addition of the Yield -Plan Review. The overall
Conservation Subdivision Process shall consist of the following procedures and as
more fully described in Article V, Section 5-301 of the ULUR:
1. Pre -Application Conference
2. Sketch Plan (optional)
3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan)
4. Preliminary Plan Review
5. Final Plat Review
B. Application Materials: The Conservation Subdivision review requires the following
application materials that can found more fully described in Article V, Sections 5-502
and 7-501 of the ULUR:
1. Application Form and Fees
2. Sketch Plan (Optional) (5-501(J))
3. Yield Plan (5-502(C)(8))
4. Preliminary Plan (5-501(G))
5. Final Plat (5-501(E))
6. Narrative addressing Design Standards (7-501 through 7-503)
III. THE PRELIMINARY PLAN
The preliminary plan review process will review the feasibility and design characteristics of
the proposed subdivision based on the standards set forth in Article VII, Standards. The
preliminary plan process will also evaluate preliminary engineering design. The Director
may allow the preliminary plan and the final plat process to be combined if the proposed
subdivision has seven (7) parcels or less and development of the lots does not require
extensive engineering.
A. Process: Preliminary Plan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5-303(B) of the ULUR:
1. Pre -Application Conference
2. Determination of Completeness
3. Evaluation by Director/Staff Review
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4. Public Hearing and Recommendation by Planning Commission
5. Public Hearing and Decision by Board of County Commissioners
B. Application Materials: The Preliminary Plan review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fees
2. Preliminary Plan Map
3. Yield Plan (Conservation Subdivision only)
4. Open Space Plan, preliminary
5. Open Space Management Plan
6. Landscape Plan (Common Ownership Areas)
7. Impact Analysis
8. Land Suitability Analysis
9. Lighting Plan consistent with standards in 7-305
10. Visual Analysis
11. Preliminary Engineering Reports and Plans
a) streets, trails, walkways and bikeways
b) engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) identification and mitigation of geologic hazards
d) sewage collection, and water supply and distribution system
e) Erosion and Sediment Control Plan
f) Water Supply Plan
g) Sanitary Sewage Disposal Plan
12. Draft Improvements Agreement, Covenants and Restrictions and By-laws
IV. THE PRELIMINARY PLAN AMENDMENT
Any proposal to change a preliminary plan approved under these Regulations shall require
application to the Director for Amendment of an Approved Preliminary Plan. The Director
shall review the application to determine whether the proposed change constitutes a
substantial modification to the approved plan as more fully described in Article V, Section 5-
304. (A substantial modification is defined as a Substantial Change in Article XVI:
Definitions)
A. Outline of Process. The review process for a proposed Amendment of an Approved
Preliminary Plan shall consist of the following procedures.
1. Pre -Application Conference
2. Application
3. Determination of Completeness
4. Evaluation by Director/Staff Review
5. Decision by Director
B. Application Materials: The Preliminary Plan Amendment review requires the following
application materials as more fully described in Article V, Section 5-501(H):
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1. Application Form
2. Written Statement of proposed amendment(s)
3. Supporting documents necessary to evaluate the proposed revision(s)
V. THE FINAL PLAT REVIEW
Unless otherwise provided by these Regulations, the applicant must receive preliminary
plan approval before beginning the final plat process. The final plat review is to formally
finalize the actions resultant from the preliminary plan in order to complete the subdivision
process.
A. Outline of Process. The Final Plat Review process shall consist of the following
procedures:
1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review and Action by Board of County Commissioners
5. Recordation of Plat
B. Application Materials: The Final Plat review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Final Plat
3. Final Engineering Reports and Plans
a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) Mitigation of geologic hazards
d) Sewage collection, and water supply and distribution system
e) Soil suitability information
f) Groundwater drainage
g) Erosion and Sediment Control Plan (4-602 C. 4.)
h) Final cost estimates for public improvements
i) The certification listing all mortgages, liens judgments, easements,
contracts, and agreements of record regarding the land to be platted and
the Board of County Commissioners may require, at its discretion, that the
holders of such mortgages, liens, judgments, easements, contracts or
agreements shall be required to join in and approve the application for
Final Plat approval before such Final Plat is accepted for review. All other
exceptions from title shall be delineated.
4. Landscape Plan (Common Area) (4-602 5.)
5. Open Space Plan (if applicable)
6. Open Space Management Plan (If applicable)
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7. Improvements Agreement, if applicable [include record drawings in digital format,
(4-602 J.)]
8. Letter of Intent for service from all of the utility service providers
a) Contract for Service, required prior to Final Plat recordation.
9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation
and bylaws
10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees)
VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW
The purpose of the Final Plat Amendment review is to allow for certain amendments to an
approved Final Plat. An amendment may be made to a recorded Final Plat if such
amendment does not increase the number of subdivision lots or result in a major relocation
of a road or add one or more new roads (pursuant to Section 5-306). A correction can be
made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending a Final Plat or an
Exemption Plat shall consist of the following regardless of whether the division was
initially approved as a subdivision or an Exemption:
1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section
4-104 of Article IV, shall be used for review of a request to amend or correct a
Final Plat modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) subdivision lots.
An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or
easements affecting not more than two (2) adjacent lots or Exemption Lots or a
single building envelope shall be subject to the Administrative Review Process
set forth in Section 4-104 of Article IV, with the addition of presentation of the
Amended Plat to the Board of County Commissioners for signature, prior to
recording with the Office of the Clerk and Recorder.
2. More Than Four Lots: The Major Exemption Review Process, detailed in Section
5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot
lines, building envelopes, easement locations or other interests affecting more
four (4) subdivision lots or Exemption Lots.
An Amended Final Plat which modifies lot lines or easements affecting more than
four (4) subdivision lots or more than one (1) building envelope shall be subject to
the Major Exemption Review Process set forth in Section 5-403.
B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the
following application materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
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3. Final Plat, Amended Final Plat
4. Subdivision Improvement Agreement, if necessary
The Director may allow the Preliminary Plan and the Final Plat process to be combined if
the proposed subdivision has seven (7) parcels or less and development of the lots does
not require extensive engineering. (Section 5-303) No submittal of a combined application
shall be allowed until the Director has made a determination after holding a pre -application
conference.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge./�
ct C . � J� JL !/�� anunt'y f'� /'1�'t°�I<'�v; i,i" 9 i
(Signaturaof Property Owier) C, Da.1117/9(i
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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 processing 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 respective 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 billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new 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 payable 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 a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
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.
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GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
$675 + application agency
review fees and outside
Preliminary Plan / Conservation Subdivision consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
Preliminary Plan Amendment $325
Final Plat $200
Final Plat Amendment / Correction Plat $100
Combined Preliminary Plan and Final Plat $1,075
Minor Exemption / Amendment $300 / $300
Major Exemption / Amendment $400 / $300
Rural Land Development Option Exemption / Amendment $400 / $300
General Administrative Permit $250
Floodplain Development Permit $400
Pipeline Development Plan / Amendment $400 / $300
Small Temporary Employee Housing $50
Minor Temporary Employee Housing $250
Limited Impact Review / Amendment $400 / $300
Major Impact Review / Amendment $525 / $400
Rezoning: Text Amendment $300
Rezoning: Zone District Amendment $450
Planned Unit Development (PUD) / Amendment $500 / $300
Comprehensive Plan Amendment $450
Variance $250
Interpretation $250
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
■ Secretary $30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
$11 — 1St page
Mylar Recording Fee
$10 each additional page
Page 2
e The following guidelines shall be used for the administration of the fee structure set
forth above:
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1. 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, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All 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.
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and C.jr4 L tai„
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for f'lP!L r
(lot nd N1 O + (hereinafter, THE PROJECT).
2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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 COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Signature 1 Date
Itl(h/E,
Print Name '
Mailing Address:
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Sh.-r‘i A. CO.l31 ,C(.0
12 oz -1 A ut
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Page 4
PANORAMA RESERVE SUBDIVISION
AMENDED FINAL PLAT
Submitted March 17, 2009
Applicant: Cort Lewis
SHERRY A. CALOIA, LLC
ATTORNEYS AT LAW
SHERRY A. CALOIA
MARY ELIZABETH GEIGER
MARGARET ELIZABETH YODER
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
March 17, 2009
Via Hand Delivery
Fred Jarman, Planner
Garfield County Building & Planning Dept.
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Re: Panorama Reserve Subdivision — Amendment to SIA
Applicant — Cort Lewis
Dear Fred:
TELEPHONE (970) 945-6067
FACSIMILE (970) 945-6292
Sender 's email: mem c@i sopris.net
As we have previously discussed, this letter will serve as a formal request to amend a
portion of the Subdivision Improvements Agreement for Panorama Reserve Subdivision ("SIA")
recorded at Reception No. 730924 of the Garfield County records. As set forth in the Board of
County Commissioners' Resolution approving the Preliminary Plan (Resolution 2007-07), item
12, which Resolution is incorporated in the SIA, Mr. Lewis is to construct the detention
structures for each lot which are depicted on Page C2 of Red Mountain Civil's "Approved for
Construction" drawings on file with your department. When Mr. Lewis' application was being
considered, Mr. Rick Barth of Red Mountain Civil had several discussions with your
predecessor, Mark Bean, regarding the construction of proposed drainage facilities and the fact
that since the building envelope on each lot is so large it was difficult to ascertain exactly where
these should be located prior to the construction of any homes as the disturbance of the natural
drainage flows could vary greatly. Further discussions between Jack Palimono and Rick Barth
have indicated that it does not make sense to have these facilities completed by Mr. Lewis prior
to the issuance of building permits as depending on what a lot owner might want to do, the
detention facilities might not serve their purpose.
We are requesting an amendment to the SIA/Preliminary Plan Approval/Final Plat to
delete the requirement that Mr. Lewis construct the drainage facilities on each lot as this should
be part of the building permit process for each lot. There is no need to change the security
amount on file with the County Treasurer.
In addition, the final plat and construction drawings have been amended to reflect that a
cul de sac will be constructed in lieu of a hammerhead turnaround. The Carbondale and Rural
Fire Department has approved this change as evidenced by the attached letter.
LEWIS-Itr-Jarman-amend SIA -drainage ponds -drainage ponds
FNI
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SHERRY A. CALOIA, LLC
Fred Jarman
March 17, 2009
Page 2
Finally, the water storage tank has been relocated onto a different lot to alleviate the need
for underground water lines from the shared well.
Based upon the new Garfield County Land Use Regulations, and our pre -application
conference held on January 9, 2009, and follow up emails, I understand that this application for
Final Plat Amendment will be processed through the administrative review process outlined in
Section 4-104 of Article IV as there are fewer than four lots in this subdivision.
In order to accomplish these amendments to the final plat of the Panorama Reserve
Subdivision, I am including the following:
(1) Final Plat amendment application with $100 application fee;
(2) Proposed amended final plat;
(3) Proposed amended "Approved for Construction" improvement drawings and cost
estimate;
(4) Proposed amended SIA;
(5) Proposed amended CC&Rs;
(6) List of adjacent property owners.
Please let me know if you need any additional information.
Sincerely,
SHERRY A. CALOIA, LLC
Encl.
cc: Cort Lewis w/encl.
Jack Palomino w/encl.
LEWIS-Itr-Jarman-amend SIA -drainage ponds
Mary Elizabeth Geiger
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STATEMENT OF AUTHORITY &+
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of
a (corporation, limited liability
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity"), and states as follows:
The name of the Entity is
and is formed under the laws of
The mailing address for the Entity is
The name and/or position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows:
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity
deals with any interest in real property are:
(if no other matter, leave this section blank)
EXECUTED this
day of , 2008.
Signature:
Name(typed or printed:
Title (if any):
STATE OF
)SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2008 by , on behalf of
11/08
, a
Witness my hand and official seal.
My commission expires:
[SEAL]
(Notary Public)
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AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
PANORAMA RESERVE SUBDIVISION,
INCLUDING WELL SHARING AND
IRRIGATION WATER USE AGREEMENT
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR PANORAMA RESERVE
SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE
AGREEMENT (hereinafter the "Declaration") is made this day of
2009, by Cort Lewis (hereinafter 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, known as the Panorama Reserve Subdivision, according to the final plat
thereof recorded at Reception No. of the Garfield County real property records and
the Amended Final Plat recorded at Reception No. of the Garfield County real
property records (the "Property"); and
WHEREAS, a well known as "Lewis Well" is located upon the Property at a point
approximately 2320 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 has subdivided 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; and
WHEREAS, Declarant recorded a Declaration of Covenants, Conditions, Restrictions and
Well Sharing Agreement for the Property on August 15, 2007, at Reception No. 730923 of the
Garfield County real property records ("Original Declaration"); and
WHEREAS, Declarant has changed certain aspects of the final plat approval that will
require individual Lot owners to engineer the drainage plans for their Lot at the time they apply
for a building permit and seeks to amend Paragraph 16 herein to reflect this change; and
LEWIS-amended CC&Rs-Panorama Reserve
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 2
WHEREAS, Declarant has relocated the water storage tank easement from as depicted on
the original final plat to the location depicted on the Amended Final Plat and seeks to amend
Paragraph 2 to reflect such change.
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 Property, 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. This Amended and Restated Declaration shall
supersede the Original.
1. Potable Water Supply. The potable water supply for each of the three lots within
the Property (a/k/a Panorama Reserve Subdivision) shall be the Well (Lewis Well), as operated
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 Amended 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 System. 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.
LEWIS-amended CC&Rs-Panorama Reserve
41)
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 3
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
(1/3) 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 (1)
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
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. In 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 of joint 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. In 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.
LEWIS-amended CC&Rs-Panorama Reserve
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 4
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(3)(b)(II)(A). 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.
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 (1/3) acre per lot 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 (1/3) 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. In 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, 1/3, 1/3) 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.
LEWIS-amended CC&Rs-Panorama Reserve
•
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 5
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
owner(s) of any other lot. In 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 attorneys' fees and costs incurred by the
owner(s) of any lot(s) or the Property Owners Association in the process of collecting 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. Declarant
hereby conveys an easement to the Property Owners Association for this access road/driveway
access as said easement is depicted on the Final Plat. The driveway access shall be a public road
that will be maintained by the Property Owners Association up to the point just beyond the
individual driveway for Lot A as shown on the Final Plat. 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 to this point,
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" turnaround 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. In accordance with Paragraphs 9 and 10 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.
LEWIS-amended CC&Rs-Panorama Reserve
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 6
13. Foundations and Individual Sewage Disposal Systems. A professional
registered engineer with the State of Colorado shall engineer all foundations on each Lot, which
engineering shall include a detailed, lot -specific geotechnical engineering study, including
geotechnical -boring advancement, as a basis for such design and engineering, as required by the
Colorado Geological Survey. Geotechnical boring samples collected on the site should, at a
minimum, analyze parameters related to soil bearing capacity, soil and bedrock composition,
depth to bedrock, and bedrock shear strength. All foundations on each lot shall include a
perimeter drain as required by the Colorado Geological Survey. In addition, the Lot owners
must recognize that the potential may exist, on the Property, for the formation of sinkholes, prior
to, during and following construction activities. Therefore, a professional geologist or civil
engineer, experienced with sinkhole mitigation techniques, must be hired by each Lot owner, as
necessary, to oversee and document any sinkhole repairs made on the Property. A professional
registered engineer with the State of Colorado shall engineer all individual sewage disposal
systems (ISDS) used to serve each Lot. ISDS systems shall be maintained by each individual lot
owner as follows: (1) 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 15 of each year to cover the estimated expenses of
these inspections and maintenance. The Property Owners' 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 (1) solid -fuel burning stove as defined by Colo. Rev. Stat. Section 25-
7-401, 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 burning stoves
and appliances.
15. Fire protection. In order to minimize fire danger within the Panorama Reserve
Subdivision, all lot owners shall be required to: (1) 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 Property, one existing culvert exists at the irrigation ditch that
crosses the Property. The Declarant is no longer required to construct the detention ponds or any
other drainage facilities as originally set forth as Condition No. 12 of the Garfield County Board
of County Commissioners Resolution No. 2007-07 approving the Panorama Reserve
Subdivision, and this is no longer a requirement in the Subdivision Improvements Agreement
• ("SIA") for the Subdivision which was recorded on August 15, 2007, at Reception No. 730924
of the Garfield County real property records. Therefore, each Lot owner must hire a professional
engineer to conduct an engineered site specific drainage study to specifically locate detention
LEWIS-amended CC&Rs-Panorama Reserve
•
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 7
ponds at the time each Lot owner applies for a building permit from the Garfield County
Building & Planning Department. In addition, 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 1/3 each by each Lot. All drainage plans must be engineered in
accordance with the drainage plan prepared by Red Mountain Civil, Inc. 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.
17. Traffic impact fees. As determined on the final plat of the Panorama Reserve
Subdivision and the Subdivision Improvement Agreement (SIA), Declarant has paid a traffic
impact fee of $6,278.92. Upon the closing on the initial sale of each Lot by Declarant, each Lot
owner shall be responsible to reimburse Declarant their 1/3 share of the traffic impact fee that
was submitted to Garfield County.
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 normal and necessary aspect of living in
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.
LEWIS-amended CC&Rs-Panorama Reserve
•
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 8
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. Initial Improvements. Pursuant to the Subdivision Improvements Agreement
with the Board of County Commissioners of Garfield County, as amended, Declarant has
undertaken the construction of certain improvements to serve the Subdivision. Upon the initial
sale of each Lot by Declarant, Declarant shall be entitled to reimbursement of the cost of such
improvements from the purchaser of each Lot as follows: $10,000 from the sale of Lot A;
$12,000 from the sale of Lot B; $16,000 from the sale of Lot C.
24. Mineral Rights. The mineral rights associated with this Property have not been
severed and have been transferred with the surface estate.
25. 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.
26. 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 alternate 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.
27. Amendments. This document 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
instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate
records of Garfield County, Colorado. Any amendments must not conflict with the conditions
and requirements of Garfield County Resolution 2007-7 approving the preliminary plan of this
Subdivision, with the exception of Condition No. 12 thereof which has been eliminated as set
forth in Paragraph 16, herein.
28. 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: , 2009.
LEWIS-amended CC&Rs-Panorama Reserve
DECLARANT:
CORT LEWIS
1
•
Panorama Reserve Subdivision
Amended and Restated Declaration of Covenants
Page 9
STATE OF ILLINOIS
COUNTY OF COOK
The foregoing Declaration was subscribed and sworn to before me this day of
, 2009, by Cort Lewis.
WITNESS my hand and official seal.
My commission expires:
LEWIS-amended CC&Rs-Panorama Reserve
Notary Public
1
•
•
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDIVISION
THIS Second Amendment to Subdivision Improvements Agreement — Panorama Reserve
Subdivision is made and entered into as of the 12th day of April, 2009, by and between CORT
LEWIS ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO ("BOCC");
WHEREAS, Owner and the BOCC entered into that certain Subdivision Improvements
Agreement — Panorama Reserve Subdivision ("SIA") on August 13, 2007;
WHEREAS, the SIA was recorded as Reception No. 730924, on August 15, 2007, in the
Garfield County Real Property records;
WHEREAS, Owner and the BOCC entered into an Amended SIA on June 2, 2008, that was
recorded at Reception No. 753653, on August 6, 2008, in the Garfield County Real Property records
that extended the deadline for Owner's construction of improvements to August 13, 2009; and
WHEREAS, Owner's engineer, in finalizing plans to complete Owner's required
improvements, has revised the plans to reflect that Owner will not be required to construct drainage
ponds as set forth as Condition No. 12 of approval in the BOCC Resolution 2007-07 and that Owner
will construct a cul-de-sac in lieu of a hammerhead turnaround, which are not depicted on the plans
referenced on Exhibit A to the SIA and such plans have been revised.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2.a of the SIA shall be amended to reference the revised Exhibit A attached
hereto as plans marked "Approved for Construction," which plans will remain on file at the Garfield
County Building Department, and the revised Exhibit B attached hereto. The estimated cost of
completion is not changed. This revised Exhibit A plans reflect a new drainage plan that does not
include the construction of detention ponds, a revised turnaround on the access road as a cul-de-sac
in lieu of a hammerhead turnaround, and the water storage tank easement has been relocated.
2. Paragraph 2.b. shall be amended to read: "All requirements of the Preliminary Plan
Approval except for condition 12, regarding the construction of detention ponds, is hereby deleted."
3. All other terms and conditions of the SIA and Amended SIA remain unchanged
except as set forth herein.
IN WITNESS WHEREOF, the parties have signed this Second Amendment to Subdivision
Improvements Agreement -Panorama Reserve Subdivision to be effective upon the 12th day of April,
2009, no matter the date of execution.
LEWIS-amend to SIA -ponds
SIGNATURES ON FOLLOWING PAGES
•
r
•
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
STATE OF ILLINOIS
)ss.
COUNTY OF COOK
By:
John Martin, Chairman
Date:
Date:
OWNER:
CORT LEWIS, an individual
Cort Lewis
Subscribed and sworn to before me by Cort Lewis, on this day of April, 2009.
WITNESS my hand and official seal.
My commission expires:
LEWIS-amend to SIA -ponds
Notary Public
2009 AMENDED GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT
PANORAMA RESERVE SUBDIVISION
Owner: CORT LEWIS, an individual
THIS 2009 AMENDED GARFIELD COUNTY TREASURERS'S DEPOSIT
AGREEMENT - PANORAMA RESERVE SUBDIVISION IMPROVEMENTS ("Amended
Deposit Agreement") is entered into by and between the Garfield
County Board of County Commissioners ("BOCC"), the Garfield
County Treasurer, Georgia Chamberlain ("Treasurer"), and CORT
LEWIS, an individual ("Owner").
WHEREAS, the BOCC, Treasurer and Owner entered into that
2007 Garfield County Treasurer's Deposit Agreement - Panorama
Reserve Subdivision dated July 6, 2007, and recorded on August
16, 2007, at Reception No. 730925 of the Garfield County real
estate records ("Deposit Agreement"); and
WHEREAS, the BOCC, Treasurer and Owner entered into that
2008 Garfield County Treasurer's Deposit Agreement - Panorama
Reserve Subdivision recorded on August 6, 2008, at Reception No.
753654 of the Garfield County real estate records ("2008 Deposit
Agreement"); and
WHEREAS, the purpose of the Deposit Agreement is to provide
sufficient financial assurance of construction of "Improvements"
as defined by the Subdivision Improvements Agreement ("SIA")
attached to the Deposit Agreement as Exhibit B; and
WHEREAS, the BOCC and Owner entered into an Amended SIA,
which was recorded on August 6, 2008, at Reception No. 753653 of
the Garfield County real estate records, extending the deadline
by which the Improvements are to be constructed to on or before
August 13, 2009; and
WHEREAS, due to the Amended SIA, the term of the Deposit
Agreement, as set forth in Paragraph IV thereof, was extended;
and
WHEREAS, the BOCC and Owner have entered into a Second
Amended SIA, a copy of which is attached hereto as Exhibit 1,
which changes certain requirements for the Improvements that are
to be constructed by Owner and therefore revises the Exhibit B
that was attached to the Deposit Agreement, such that Paragraph
III.A of the Deposit Agreement needs to be revised to reflect a
new Exhibit of Improvements which is attached hereto as Exhibit
2; and
WHEREAS, all other terms and conditions of the Deposit
Agreement and 2008 Deposit Agreement remain the same and in full
force and effect.
NOW THEREFORE, the parties agree as follows:
I. Request for Review and Approval. Section III.A of the
Deposit Agreement is amended to read as follows: "Upon
Completion of construction of Improvements, as defined in
Exhibit 2 attached to the 2009 Amended Garfield County
Treasurer's Deposit Agreement - Panorama Reserve Subdivision,
Owner shall provide a certification of final completion of
Improvements signed by Owner's licensed engineer, along with a
written request for release of security."
II. No other changes. All other terms and conditions of
the Deposit Agreement and 2008 Deposit Agreement remain
unchanged and in full force and effect.
WHEREFORE, the parties have caused this Deposit Agreement
to be effective on the date of execution by the BOCC, as
beneficiary, noted below.
ATTEST:
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
Williams Deposit Agr -
Gas Plant Expansion
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
By:
Georgia Chamberlain, Treasurer
Date:
Page 2 of 3
State of Illinois )
ss.
County of Cook
DEPOSITOR/OWNER:
CORT LEWIS
CORT LEWIS
Date:
Subscribed and sworn to before me this day of
, 2009, by Cort Lewis.
Witness my hand and official seal.
My Commission expires:
PANORAMA RESERVE SUBDIVISION
Notary Public
Page 3 of 3
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
PANORAMA RESERVE SUBDIVISION
THIS Second Amendment to Subdivision Improvements Agreement — Panorama Reserve
Subdivision is made and entered into as of the 8th day of May, 2009, by and between CORT LEWIS
("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO ("BOCC");
WHEREAS, Owner and the BOCC entered into that certain Subdivision Improvements
Agreement — Panorama Reserve Subdivision ("SIA") on August 13, 2007;
WHEREAS, the SIA was recorded as Reception No. 730924, on August 15, 2007, in the
Garfield County Real Property records;
WHEREAS, Owner and the BOCC entered into an Amended SIA on June 2, 2008, that was
recorded at Reception No. 753653, on August 6, 2008, in the Garfield County Real Property records
that extended the deadline for Owner's construction of improvements to August 13, 2009; and
WHEREAS, Owner's engineer, in finalizing plans to complete Owner's required
improvements, has revised the plans to reflect that Owner will not be required to construct drainage
ponds as set forth as Condition No. 12 of approval in the BOCC Resolution 2007-07, that Owner
will construct a cul-de-sac in lieu of a hammerhead turnaround, which are not depicted on the plans
referenced on Exhibit A to the SIA, and the water storage tank will be located on Lot A instead of
Lot C, and such plans have been revised.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2.a of the SIA shall be amended to reference the revised Exhibit A attached
hereto as plans marked "Approved for Construction," which plans will remain on file at the Garfield
County Building Department, and the revised Exhibit B ajached hereto. The estimated cost of
completion is not changed. This revised Exhibit A plans reflect a new drainage plan that does not
include the construction of detention ponds, a revised turnaround on the access road as a cul-de-sac
in lieu of a hammerhead turnaround, and the water storage tank easement has been relocated.
2. Paragraph 2.b. shall be amended to read: "All requirements of the Preliminary Plan
Approval except for condition 12, regarding the construction of detention ponds, is hereby deleted."
3. Paragraph 3.b shall be removed and replaced with the following language:
b. Final Release of Security. Pursuant to the TDA, there shall be no Partial
Releases of Security. Upon completion of all Subdivision Improvements, Owner
shall submit to the BOCC, through the Building and Planning Department: 1)
record drawings bearing the stamp of Owner's Engineer certifying that all
Subdivision Improvements have been constructed in accordance with the
requirements of this Agreement, including all Amended Final Plat Documents,
and the Preliminary Plan Approval, with the exception of the deletion of the
requirement to construct drainage ponds as outlined in Paragraph 2.b, in hard
LEWIS-amend to SIA -5 21 09.doc
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 Subdivision Property Owners' Association or
other entity by the terms of this Agreement, the Amended Final Plat Documents,
or the Preliminary Plan Approval; and 3) a Writ?n Request for Final elease of
TDA, in the form attached to and incorporated herein as Exhibit D, al ng with
Owner's Engineer's Certificate of Final Completion of bdivision
Improvements.
The BOCC shall authorize a final release of the TDA 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
specifications, 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(b).
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final
Release of TDA 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(c) below shall be followed.
iii. 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(d).
All other terms and conditions of the SIA and Amended SIA remain
unchanged except as set forth herein.
IN WITNESS WHEREOF, the parties have signed this Second Amendment to Subdivision
Improvements Agreement -Panorama Reserve Subdivision to be effective upon the 8th day of May,
2009, no matter the date of execution.
SIGNATURES ON FOLLOWING PAGES
LEWIS-amend to SIA -5 21 09.doc
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
STATE OF ILLINOIS )
)ss.
COUNTY OF COOK
By:
John Martin, Chairman
Date:
Date:
OWNER:
CORT LEWIS, an individual
Cort Lewis
Subscribed and sworn to before me by Cort Lewis, on this day of , 2009.
WITNESS my hand and official seal.
My commission expires:
Notary Public
LEWIS-amend to SIA -5 21 09.doc
r
11111Pr.14,10411VINVACilit104k11PIJAI Ai 111111
Recept i on>t : 730926
08/1512007 04:14:30 PM Jean Alberico
1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO
QUITCLAIM DEED - EASEMENTS
This QUIT CLAIM DEED is made this 1, day of 2007 by and
between Grantor, Cort Lewis, whose address is 1075 Saxony ive, Highland Park, IL
60035 ("Lewis") and Grantee, the Panorama Reserve Subdivision Property Owners'
Association, a Colorado unincorporated association organized pursuant to C.R.S. § 7-30-
101 et seq., whose address is 1075 Saxony Drive, Highland Park, IL 60035
("Association").
WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold and quitclaimed and by these presents does
remise, release, sell and quitclaim, without warranty, unto Grantee, its successors and
assigns forever:
A permanent nonexclusive easement for the operation, maintenance and
repair of the shared well and water system; permanent nonexclusive
drainage easements; permanent nonexclusive storm -water drainage
easements; and permanent nonexclusive easements for internal roads as
depicted on the Final Plat of the Panorama Reserve Subdivision recorded
on but usr 15 , 2007 at Reception No.13 n 94a a of the
Garfield County real property records, or as otherwise described in the
Declaration of Covenants, Conditions, Restrictions and Easements for
Panorama Reserve Subdivision, recorded on f\ 4s#- S5 , 2007, at
Reception No. `f 3D9 of the Garfield County real property
records. Said road easements are subject to and subordinate to the public
dedication on the face of the Final Plat for Panorama Reserve Subdivision.
TO HAVE AND TO HOLD the same, together with all and singular
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law
or in equity, to the proper use, benefit and behoof of the Grantee and its members,
successors and assigns forever.
above.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth
GRANTOR:
After recording, please return to:
Caloia, Houpt & Hamilton, PC
1204 Grand Ave.
Glenwood Springs, CO 81601
Easement Deed 1111 r N1�W��p�l��p���p���4 'h�1�4�h'LM�l, Iiiti.111.1111111
Panorama Reserve Subdivision POA Reception#: 730926
08115/2007 04:14:30 PM Jean Alberico
Page 2 oft 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF ILLINOIS
) ss
COUNTY OF COOK
Subscribed and sworn to before me this / day of
by a person satisfactorily identified to me as Cort Lewis.
Witnes§ FIONAL , iq SEAL! official
Notary Public. State of Illinois
Cook County
My Commission Expires Sept 6, 2008
My commission
I,EWIS-Easement Deed -HOA
seal.
pirr: 02 05 r
tGe
NOTARY PUBLIC
, 2007,
QUITCLAIM DEED - EASEMENTS
This QUIT CLAIM DEED is made this day of _, 2009 by and
between Grantor, Cort Lewis, whose address is 1075 Saxony Drive, Highland Park, IL
60035 ("Lewis") and Grantee, the Panorama Reserve Subdivision Property Owners'
Association, a Colorado unincorporated association organized pursuant to C.R.S. § 7-30-
101 et seq., whose address is 1075 Saxony Drive, Highland Park, IL 60035
("Association").
WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold and quitclaimed and by these presents does
remise, release, sell and quitclaim, without warranty, unto Grantee, its successors and
assigns forever:
A permanent nonexclusive easement for the operation, maintenance and
repair of the shared well and water system; permanent nonexclusive
drainage easements; permanent nonexclusive storm -water drainage
easements; and permanent nonexclusive easements for internal roads as
depicted on the Amended Final Plat of the Panorama Reserve Subdivision
recorded on , 2009 at Reception No. of the
Garfield County real property records, or as otherwise described in the
Amended and Restated Declaration of Covenants, Conditions, Restrictions
and Easements for Panorama Reserve Subdivision, recorded on
, 2009, at Reception No. of the Garfield County real
property records. Said road easements are subject to and subordinate to
the public dedication on the face of the Amended Final Plat for Panorama
Reserve Subdivision.
TO HAVE AND TO HOLD the same, together with all and singular
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law
or in equity, to the proper use, benefit and behoof of the Grantee and its members,
successors and assigns forever.
above.
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth
GRANTOR:
Cort Lewis
After recording, please return to:
Sherry A. Caloia, LLC
1204 Grand Ave.
Glenwood Springs, CO 81601
Easement Deed
Panorama Reserve Subdivision POA
Page 2 of 2
STATE OF ILLINOIS
) ss
COUNTY OF COOK
Subscribed and sworn to before me this day of , 2009,
by a person satisfactorily identified to me as Cort Lewis.
Witness my hand and official seal.
NOTARY PUBLIC
My commission expires:
LEWIS-Easement Deed -HOA -amended plat.doc
•
•
PANORAMA RESERVE SUBDIVISON INITIAL DEVELOPMENT COSTS
ITEM QTY UNIT UNIT COST LABOR
TOTAL COST
Fiberglass Tank
1
EA
$ 7,000
$ 2,500
$ 9,500
Tank prep for Lot hookups
3
EA
$ 200
$ 500
$ 1,100
Driveway crossing for two services
2
EA
$ 300
$ 750
$ 1,350
Pump for well (purchase but wait for install until users
are online) w/ Alarm system
1
EA
$ 3,000
$ 500
$ 3,500
Install Pump to tank line & wiring
1
LS
$ 500
$ 750
$ 1,250
Fire Department "hydrant' connection
1
EA
$ 1,000
$ 1,000
$ 2,000
approx. 300 CY of gravel, build to County
dimensions, cut ditches), labor = crew and
equipment
1
LS
$ 10,000
$ 8,000
$ 18,000
Cut in detention ponds
3
EA
$ 1,500
INCLUDED
$ 4,500
Holy Cross Electric Fees, new transformer on last
pole for potential services (lot owners may have to
additionally improve services depending upon house
demands and location)
300
LF
$ 30
$ 500
$ 9,500
10% ESTIMATED CONTINGENCY
TOTAL ESTIMATED DEVELOPER COSTS
$ 5,070
$ 55,770
RED MOUNTAIN CML. INC.
•
CORT LEWIS — PANORAMA RESERVE SUBDIVISION
Neighboring Landowners
Shaine Ebrahimi
0271 Sunlight Dr
Carbondale, CO 81623
Greta Forbes
910 Panorama Dr
Carbondale, CO 81623
Theodora Hill
1204 CR 170
Carbondale, CO 81623 and
921 Dauphine St
New Orleans, LA 70016
Carolyn S. Jackson
1233 Panorama Dr.
Carbondale, CO 81623
• Christopher Gilberti
PO Box 3021
Venice, CA 90294-3021
•
Douglas Lassiter and Jennifer Smith
2636 Panorama Dr.
Carbondale, CO 81623
Grady and Cynthia Olson
PO Box 338
Carbondale, CO 81623
Kim M. Lyon and Karen L. Olsen
2627 Bradway Blve.
Broomfield, MI 48301-2705
Panorama Ranches Homeowners Association
PO Box 1330
Glenwood Springs, CO 81602
Patrice Plunkett
2486 Panorama Dr
Carbondale, CO 81623
•
•
•
Lance and Lisa Quint
2402 Panorama Dr
Carbondale, CO 81623
Michael Strang
393-B, County Road 102
Carbondale, CO 81623
David and Diane Zamansky
1820 Panorama Dr.
Carbondale, CO 81623
Kirby Ho
39612 Buena Vista Terrace
Fremont, CA 94538
Brian and Linda Edwards
131 Buck Point Rd
Carbondale, CO 81623