HomeMy WebLinkAbout05.0 Referral CommentsJohn H. Case
Attorney at Law
Post Office Box 4203 Aspen, Colorado 81612
Telephone (970) 925-8394 Fax 920-3395
e-mail johncase ® infosphere.com
April 24, 1996
Garfield County Planning Commission
Garfield County Courthouse
109 8th Street, Suite 303
Glenwood Springs, CO
Re: Application of Levitt Subdivision for Preliminary Plan Approval
Dear Commission:
�-v
APP 2 `•' 1996
I represent Sirous Saghatoleslami, who is the owner of Fox Run Meadows, a property
bordering the proposed Levitt Subdivision. I wish to object to the proposed location of the water
tank site on the Levitt Subdivision as unnecessarily conspicuous and would request that the tank
site be made less visible by excavation or landscaping to reduce the visual impact.
Thank you for your consideration of this matter.
J,bhn H. Case
JHC:ss
cc: Sirous Saghatoleslami
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
Mr. Eric McCafferty
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
STATE qF :cosIAY � 1995
May 9, 1996
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
RE: Levitt Subdivision - Preliminary Plan
SW 1/4 Sec. 28. & SE 1/4 Sec. 29, Twp. 7 S, Rng. 87 W, 6th P.M.
Water Division 5, Water District 38
Dear Mr. McCafferty:
Thank you for additional information that you submitted along with your letter dated
April 9, 1996. We are also in receipt of a letter from Zancanella and Associates, Inc., dated
April 29, 1996, outlining further analysis of the Levitt Trust Well #2. A copy of that report
is attached for reference.
Your letter indicates that there are no Basalt Water Conservancy District (District)
contracts in place. In our letter of March 18, 1996, we stated that it was unlikely that the
proposed water supply would cause injury to other water rights provided the developer has
District contracts for the proposed wells and has obtained valid permits for the proposed uses.
You also expressed concern about discrepancies of available drawdown within the well
and well stabilization or recovery in the Zancanella Report, dated April 1, 1996. It appears
that in Figure No. 2 of the report, the perforated interval (275-310 ft.) was erroneously stated
as water level. Regarding the stabilization of the well, we believe that the recovery of this
well is within normal parameters considering seasonal influence of recharge to the aquifer.
Mr. Zancanella, in his letter dated April 29, 1996, stated that the water level in the well #2
recovered 4 inches above the initial static water level. Therefore, our opinion as stated in our
letter of March 18, 1996 remains unchanged.
If you have any questions regarding this matter, piease feei free to contact Mr. Kris
Murthy of this office or Mr. Orlyn Bell of our Division office in Glenwood Springs at 945-5665.
SPL/KM/km
cc: Orlyn Bell, Division Engineer
Joe L. Bergquist, Water Commissioner
levitt.sub
Sincerely,
c C
Steve Lautenschlager
Assistant State Engineer
HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 Road 154
Glenwood Springs, CO 81601
April29, 1996
Mr. Thomas Levitt
P.O. Box 414740
Kansas City Missouri 64141
Fax 970 945-8454
Phone 970 945-7988
Job No. 195 524
Subject: Potential Sinkhole Hazard at the Proposed Levitt Subdivision, Garfield
County, Colorado
Dear Mr. Levitt:
As requested by Land Design Partnership, we have reviewed the March 28, 1996 letter to
the Garfield County Planning Department prepared by the Colorado Geological Survey
(CGS) summarizing their S.B. 35 (1972) review of the proposed Levitt Subdivision. In
particular we have considered the CGS concerns regarding the potential for sinkholes and
their recommendation that each building site be drilled and/or investigated by shallow
geophysical surveys to characterize the Eagle Valley Evaporite below the basalt. This
letter has been prepared to present our comments on the CGS recommendations.
Our previous geologic study of the subdivisions indicates that the basalt flows below the
proposed building sites are likely to be from 50 to 200 feet thick (Hepworth - Pawlak
Geotechnical, 1995). This is based on the basalt outcrop pattern along the escarpment just
to the south and west of the rolling upland where the building sites are planned. We did
not observe evidence of sinkholes in the area.
Considering the probable thickness of the basalt and absence of sinkholes, it seems
reasonable to infer that there is a relatively low risk that the proposed building sites will
be subject to sinkhole related problems during the buildings service life, even if
subsurface voids are present in the underlying Eagle Valley Evaporite. Exploratory
borings through the 50 to 200 feet of basalt would be relatively expensive and thick basalt
would make geophysical evaluations of subsurface voids questionable. It is our opinion
that deep subsurface exploration at individual sites to address sinkhole potential within
Mr. Thomas Levitt
April 29, 1996
Page 2
this development would be expensive and would probably not add significantly to our
knowledge of the subsurface conditions at the site.
If there are questions, please call.
Respectfully submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
R.
Ralph G. Mock
Engineering Geologist
Reviewed by:
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cc: Land Design Partneitfitrlu'`4»ttention: Ron Liston
REFERENCES
Colorado Geological Survey, 1996, Proposed Levitt Subdivision (Preliminary Plan) Nr.
El Jebel and East of Garfield County Eagle County Boundary, Garfield County:
Prepared for the Garfield County Planning Department, Glenwood Springs,
Colorado (GA -96-0011, March 28, 1996)
Hepworth - Pawlak Geotechnical, 1995, Preliminary Geotechnical Study, Proposed Levitt
Subdivision, South of Fender Lane and West of Harmony Lane, Garfield County,
Colorado: Prepared for Thomas Levitt, Kansas City, Missouri (Job No. 195 524,
December 29, 1995)
H -P GEOTECH
ROBERT DELANEY
KENNETH BALCOMB
(OF COUNSEL)
JOHN A. THULSON
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
ROBERT M. NOONE
TIMOTHY A. THULSON
LORI J.M. SATTERFIELD
EDWARD B. OLSZEWSKI
DELANEY & BALCOMB, P. G.
ATTORNEYS AT LAW
DRAWER 790
GLENWOOD SPRINGS, COLORADO 81602
April 30, 1996
Mr. David Brown, President
Harmony View Subdivision
c/o Stryker/Brown Architects, P.C.
300 S. Spring Street, Suite 300
Aspen, CO 81611
Re: Levitt Subdivision
Dear David:
818 COLORADO AVENUE
T ELEPHONE 945-6546
TELECOPIER 945-8902
AREA CODE 970
LAWRENCE R. GREEN FAX -945-9769
Initially, I want to thank you for taking the time to discuss
with me the present situation on Harmony Lane.
As I understand it, the Harmony View Homeowners Association,
the Homeowners Association for the Barnes Subdivision Exemption
(Pinion Grove) and Jim Adams (owner of another small subdivision in
Garfield County that uses Harmony Lane for access) have reached
conceptual agreement for sharing the cost of ongoing maintenance of
Harmony Lane. This conceptual agreement is reflected in a letter
memorandum dated February 5, 1996 from you to Mark Bean of Garfield
County. At this point, however, the conceptual agreement has not
been memorialized in a formal written agreement.
I have now had the opportunity to discuss the conceptual road
maintenance agreement with Tom Levitt, the proponent of the Levitt
Subdivision in Garfield County. He is in agreement with the
conceptual road maintenance plan you explained to me and will
participate in the payment of future road maintenance costs of
Harmony Lane on the same prorata basis as the other participants.
With respect to reimbursement of initial capital costs,
however, Mr. Levitt has some level of concern. As I mentioned to
you, Garfield County staff is recommending that Harmony Lane be
improved over its present condition. The level of recommended
improvement is not clear, nor is it clear what the Garfield County
Commissioners' decision will be on this issue. Mr. Levitt is
prepared to offer to Garfield County to improve Harmony Lane to a
Mr. David Brown, President
April 30, 1996
Page 2
consistent gravel surface road, with 11 -foot travel lanes and 2 -
foot shoulders (from Fender Lane south to the point where his
subdivision traffic departs Harmony Lane.) This offer seems to me
to be consistent with the traffic demands which will be placed on
Harmony Lane and with your stated desire to maintain the visual
appearance and usage patterns of the roadway. We suggest that such
improvements (or other improvements), if required by Garfield
County, which would be made at Mr. Levitt's expense, be considered
in satisfaction of your proposal that Mr. Levitt contribute back to
Harmony View and Jim Adams a portion of the initial capital costs
of Harmony Lane.
It is my understanding that you are working on a draft of a
proposed Harmony Lane Road Maintenance Agreement, and that you will
forward it to me as soon as it is available. I look forward to
receiving your draft, working with you to put it in final form
acceptable to all parties, and finally resolving this matter for
the benefit of all concerned.
Very truly yours,
DELANEY & BALCOMB, P.C.
Lawrdnce R• Green
LRG:bd
cc: Eric McCafferty (Gar. Co. Planning Dept.)
Tom Levitt
May. 8. 1996 4:38PM STRYKER / BROWN No. 6952 P. 2/3
From:OFFICE / MKTNG
Harmony View Homeowners Association
Raul Gawrys, Vice President, 927-4411 (o), 963-4790 (h)
Kip Koski, Secretary -Treasurer, 963-2098 (h)
c/o David P. Brown, President
P.O.Box 91, Aspen, Colorado 81611
970-925-2254 (o), 963-1998 (h)
Mr. Lawrence R. Green
Delaney & Balcomb
fax: 945-9769
May 7, 1996
Re: Leavitt Subdivision/Harmony Road Maintenance Agreement
Dear Larry:
I have reviewed your letter of April 30, 1996 with the Harmony Homeowners. We believe that if we
can reach an understanding on a few issues relating to the Leavitt subdivision, we can support your
application before Garfield County, perhaps by tomorrow's meeting. We share Mr. Leavitt's desire
to reach and agreement to our mutual benefit. Our concerns address the road, the number of units,
and water resources. I hope you and Mr. Leavitt agree that these concerns will be shared by your
potential buyers as well.
ROADS
IMPROVEMENT
Given that the number of dwellings that will be using Harmony Road is greater than the minimum
for a "CHIP AND SEAL" road (20 residences) as required by several jurisdictions in the area, we
think that Harmony Road should be surfaced with "CHIP AND SEAL". Because your new homes
are increasing the traffic and impacts beyond the existing, your subdivision should bare the expense.
Because the base for a "CHIP AND SEAT" road is substantially in place and was paid for by others,
it seems fair to reimburse the Harmony View, Adams, and Barnes subdivision for their expenses to
date. That was the basis for understanding that we reached with the Barnes':
PEAK DEVELOPMENT has agreed to the following agreement with Harmony View
Subdivision Homeowners' Association'
1. Fair (not full) reimbursement of Harmony View and Jim Adams for road
improvement costs on a prorata basis . (ie, pro -rata per distance travelled).
2. .Fair sharing of maintenance costs on a prarata basis per distance travelled_
3. Seeking a government to redesignate the road as a public road at a future date.
4. Sharing of expenses to create the Road Maintenance District on a prorata basis.
I have not yet approached Cindy Ashcroft (Barnes) or Joel Barnes to discuss this, but I a.ssurme they
we seek the same reimbursement from you that we are to receive from them_
We would like to see this reimbursment occur prior to the signing of an aggreement. Another
reason this seems fair to us is that had the road not been improved to it current standard, you would
now be required to make an even greater investment at this time.
To reduce the speed traffic (and your expense), we recommend maintaining the existing width of the
road_
F,..
Mr. Lavvz7ence R. Green, 5.7.96, page 2
In order to reduce the "through" traffic, it seems reasonable to only chip and seal from the
intersection of Fender to Wind River Roads. Also, a sign at the intersection of Fender saying "NO
OUTLET" should be installed at a cost to all homeowners on a prorata basis.
We also request that either you or the Barneses complete the work (up to the Eagle County
Standards as they agreed) on their section of the Harmony Rod prior to our signing an agreement_
MAINTENANCE
As outlined above in the agreement of principle with Barnes, we ask you agree to these outline terms
and to enter a Maintenance District. I have not yet drafted such an agreement in detail.
NUMBER OF UNITS
To reduce the traffic and other impacts (such as water) we request you reduce the total number of
dwellings (including accessory, caretaker, granny units) to 10. This will give you an approximate net
usable density (discounting cliffs) to 4 units per acre +/-. This is more in keeping with the density of
our neighborhood. I believe you will find this product more marketable and profitable, and it will
not reduce the "existing property values" as the more dense project as proposed may.
WATER
Your subdivision and all those on Missouri Heights share the same water table. Currently, Garfield
and Eagle Counties do not consider the impacts of development in adjacent jurisdictions when
reviewing applications for new subdivisions. We do not have a comfort level that your project will
not be the one that puts the Water Table below its "carrying capacity". We request you fund an
independant licensed water engineer consultant to address the `carrying capacity" of the water table -
aquifer that serves the Missouri Heights area.
We would like you and Mr. Leavitt to agree to these "conditions" prior to our entering into a "road
rnaintenance and improvement agreement".
I look forward to discussing these with you and Mr. Leavitt and working on a resolution to our
collective benefit.
Sincerely,
HARMONY VIEW HOMEOWNERS ASSOCIATION
David P. Brown, President
EAGLE COUNTY, COLORADO
Eric McCafferty
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Levitt Subdivision
Dear Eric:
NO Q 9 19946
Fnrm FED
iLis--77.Cc- 1 )
J
May 8, 1996
Please accept my apologies for the lack of a timely response to the referenced item. Our work
load is such that we sometimes are unable to respond at all.
The proposed Levitt Subdivision's documents indicated that the majority of the traffic will travel
on and through Eagle County roads. Eagle County requires an off-site road improvements agreement for
its subdivisions which requires the applicant to make any identified off-site road improvements or in lieu
of that, a $1,000.00 contribution to a road improvement fund. I have been asked to request of Garfield
County the exploration the possibility of developing a tool by which Eagle County can mitigate the
impact of this subdivision to its roads. This could be by way of an IGA that considers such a
"contribution" or any by any other means that Garfield may suggest.
It has also come to my attention that Harmony Lane through the Harmony Subdivision may have
been dedicated to the public on the two plats. I can only say that if this is the case (I have not verified
it), it was inadvertent. I don't believe that it was intended to dedicate the road to the public. My main
concern here is that I would question whether or not the IGA between Garfield and Eagle County
regarding this subdivision granted the authority to Eagle County to make such a dedication. This issue
may require exploration by our respective Attorney's Offices.
Feel free to contact me if you wish to further discuss the matter.
Sincerely,
Paul E. Clarkson AICP
Planner
cc: Robert Loeffler, Asst. County Attorney
Sid Fox, Planning Manager
Keith Montag, Community Development Director
Chrono
April 30, 1996
Eric McCafferty
Garfield County Planning Dept.
108 8th Street
Glenwood Springs, CO 81601
Re: Levitt Preliminary Plan
Protective Covenant Topics
Dear Eric:
land design
partnership
The following is a summary of selected topics that are proposed for
inclusion in the Levitt Subdivision protective covenants and areas of
authority to be granted to the home owner's association by the
articles of incorporation. This summary does not present the final
wording as it will appear in the covenants or articles of
incorporation but does represent the Applicants intentions in those
areas of particular interest to the County.
1. Water System: The domestic water system including wells,
storage tank, distribution lines, fire hydrants and treatment
facilities will be dedicated to the home owner's association.
A well monitoring program will be outlined for implementation
by the association as a practical element of their water
management responsibilities. Basalt Water Conservancy District
contracts providing legal augmentation for the water to be used
by the subdivision will also be transferred to the home owner's
association.
2. Road Maintenance: The home owner's association will be
obligated to maintain and repair Whitecloud Road and to be
party to the shared maintenance and repair responsibilities for
Wind River Road and Harmony Lane.
3. Open Space Maintenance: The home owner's association shall be
responsible for the maintenance of the open space easement
located inside the cul-de-sac.
4. Assessments: The Levitt Subdivision home owner's association
will be granted the authority and enforcement mechanisms to
collect funds from property owner's within the Levitt
Subdivision for the maintenance and repair of the water system,
roads and open space.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246 • Fax (303) 945-4066
Eric McCafferty
5/1/96
page 2
5. Pet Control: The covenants will limit each resident to one dog
and require that the dog be kenneled or otherwise confined to
the resident's lot or be on leash at all times.
6. Livestock: Lots 11, 12 and 13 will each be allowed a maximum
of 4 head of livestock.
7. Design Guidelines: Guidelines regarding site, architectural
and landscape improvements will be provided for in the
covenants. These will include the following:
Fencing Restrictions: No perimeter fencing of lots will
be allowed on Lots 1 through 10. Perimeter and pasture
fencing on Lots 11, 12 and 13 will be required to comply
with the recommendations of the Colorado Division of
Wildlife (Wire fences: 42" high and strands separated by
12"; rail fences may be higher).
Wildfire Hazard Mitigation: The covenants will strongly
encourage the observance of the Colorado State Forest
Service recommendations regarding mitigation of wildfire
hazards, such as the use of noncombustible materials on
the exterior of structures and the maintenance of a
defensible space around the residence. This will not be
an absolute requirement because some mitigation criteria
may not be practical to implement or even applicable to
this site. The Colorado State Forest Service document
regarding wildfire hazard mitigation, CSFS# 143-691, will
be made available to the lot owners by the home owner's
association.
Accessory Dwelling Unit: Accessory dwelling units will
not be allowed on Lots 1 through 11.
The protective covenants and articles of incorporation of the Levitt
Subdivision home owner's association will be provided for the
County's review with the final plat submittal.
Ronald B. Liston
April 30, 1996
a•
Eric McCafferty
Garfield County Planning Dept.
108 8th Street
Glenwood Springs, CO 81601
Re: Levitt Preliminary Plan
Dear Eric:
1.'-'"/4." land design
partnership
This letter and accompanying attachments are offered in response to
questions raised by you and to comments received from the referral
agencies.
1. School Impact Fees: As presented in our original application,
the Applicant agrees to pay the school impact fee in accordance
with what we understand to be the current Garfield County
policy of $200 dollars per dwelling unit.
2. Fire Flows: Our engineers are in agreement that the proposed
water line should be increased from 6" to 8". This will assure
the delivery of adequate fire flows to the west end of the
project as requested by the fire district. This change will be
made to the plans prior to final plat submittal. The Applicant
agrees with the payment of the standard impact fee established
by the fire district.
3. Accessory Dwelling Units: The applicant understands the
concern for the traffic impacts of accessory dwelling units and
proposes to restrict accessory dwellings to lots 12 and 13
only. This restriction will be noted on the final plat and
referenced in the protective covenants.
4. Legal Access: See attachments.
5. Harmony Lane Maintenance Agreement: The applicants attorney
has been in contact with. the Harmony View Home Owner's
President and have reached conceptual approval of an agreement
regarding the maintenance of Harmony Lane. See Attached letter
from Larry Green.
6. Dedication of Internal Road Easements: In clarification of our
preliminary plan application, Whitecloud Road will be dedicated
as a public access easement for the Lots in the Levitt
Subdivision. Maintenance and repair of the the road shall be
the responsibility of the Levitt Subdivision Home Owner's
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246 • Fax (303) 945-4066
J
Association.
Eric McCafferty
4/30/96
page 2
7. Water: See Attached Letter from Tom Zancanella.
8. Colorado Geologic Survey comment regarding Eagle Valley
Evaporite Formation: See attached letter from Hepworth-Pawlak
Geotechnical.
9. Wildfire: The Applicant
covenants and by note on
encouraged to follow the
Forest Service (Document
noncombustible materials
use of irrigated buffers
proposes to include in the protective
the final plat that lots owners are
recommendations of the Colorado State
CSFS# 143-691) regarding the use of
on the exterior of structures and the
around the residence. We believe that
these guidelines combined with the 50 foot setback from the
bluff as established by the building envelopes are a reasonable
response to the wildfire issue. A lot owner has the option to
increase the setback of a residence from the bluff based on his
own site development plans.
10. Ridgeline Aesthetics: The 50 foot building envelope setback,
twice that recommended by the geotechnical engineers, from the
top of the slope serves to also remove the majority of any
residence (some partial rooflines might be seen) from view on
all but one lot. Lot #9 has a building envelope projecting out
on a secondary ridgeline that may be more exposed. We believe
that the 50 foot setback is a sound criteria for the
preservation of the views from the valley floor and we hope
that it may set an example for future developments along the
valley rim.
11. Internal. Road Shoulder Width: We present for Staff and
Planning Commission consideration that the total stabilized
platform width of 26 feet is appropriate for the level of
traffic flow on Wind River Road and Whitecloud Road. The use
of 6 foot shoulders as compared to the 2 foot shoulders as
proposed (mountain road criteria) will only serve to remove
additional land from vegetative cover and create more of a
thoroughfare type appearance rather than a country road
character that most residents prefer. It is our opinion that
26 foot width should allow safe movement of emergency vehicles
even if there is a. disabled vehicle on the road. The letter
from the Carbondale & Rural Fire Protection District
acknowledges the adequacy of the road for fire equipment
access.
12. Drainage Channel: The stormwater overflow channel will be
protected from erosion and the appropriate drainage easements
will be more clearly delineated on the plat.
Eric McCafferty
4/30/96
page 3
13. Harmony Lane Design Standard: We understand that Harmony Lane
will carry more traffic as a result of the Levitt Subdivision.
The Applicant offers to improve Harmony Lane from the
intersection of Wind River Road north to Fender Lane. This
section would be constructed with two gravel surfaced, 11 foot
lanes with 2 foot shoulders. It is our belief that the 10
trips per day used by the County to estimate future traffic
volumes is excessive in this type of rural residential setting.
Also, it is our belief that residents of these rural areas
prefer the more country character road until the road is
justified as a major collector. The Applicant feels that the
above proposed improvements to Harmony Lane are appropriate for
the impacts generated by the Levitt Subdivision.
14. Open Space: For clarification, the preliminary plan proposes
to provide for the common use of the open space area in the
center of the cul-de-sac by dedicating an easement to the home
owner's association for the benefit of the residents within the
Levitt Subdivision.
15. Protective Covenants: See attached letter.
Thank you for your assistance with this application.
Sincerely,
Ronald B. Liston
483819 B-954 P-705 10/02/95 04:39P PG 1 OF 4 REC DOE; vrr.r.
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 21.00 2.00
SPECIAL WARRANTY DEED
THIS DEED, made this 2nd day of October , 1995, between SEROUS
SAGHATOLESLAMI AND RUTH SAGHATOLESLAMI of the County of Pitkin and State of
Colorado, grantors, and THE 1993 THOMAS W. LEVITF FAMILY TRUST, grantee, whose
legal address is P. O. Box 414740, Kansas City, Missouri 64141, of the County of Jackson and
State of Missouri:
trila
STATE OF COLORADO
COUNTY OF PITKIN
WITNESSETH, that the grantors, for and in consideration of the sum of Twenty
Thousand Dollars ($20,000.00), the receipt and sufficiency of which is hereby acknowledged,
have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell,
convey and confirm, unto the grantee, its successors and assigns forever, all the real property,
together with improvements, if any, situate, lying and being in the County of Garfield and State
of Colorado, as described in Exhibit A, attached hereto and incorporated herein by this
reference, subject to those encumbrances and exceptions set forth in Exhibit B, attached.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, interest, claim and demand
whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee, its successors and assigns forever. The grantors, for
themselves, their heirs and personal representatives or successors, do covenant and agree that
they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantee, its successors and assigns, against all and every
person or persons claiming the whole or any part thereof, by, through or under the grantors.
IN WITNESS WHEREOF, the grantors have executed this deed on the date first written
above.
L 444
Sirous Saghatoleslami Ruth Saghatolesl
) ss.
Acknowledged, subscribed, and sworn to before me this 2nd day of October
1995, by Sirous Saghatoleslami and Ruth Saghatoleslami.
. WITNESS my hand and official seal.
'My Commission expires: 11/8/96
flR. MEY & BPLCCMB
..:,:'TER 190
:3l0. 31501
Notary Public
483819 B-954 P-707 10/02/95 04:39P PG 3 OF 4
EXHIBIT B
ENCUMBRANCES AND EXCEPTIONS
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancy, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter
furnished, imposed by law, and not shown by the public records.
5. Taxes and assessments not yet due or payable and special assessments not yet certified
to the Treasurer's office.
6. Any unpaid taxes or assessments against said land.
7. Liens for unpaid water and sewer charges, if any.
8. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation, or other district or inclusion in any water service or street improvement
area.
9. Water rights or claims to water rights.
10. Right-of-way for ditches or canals constructed by the authority of the United States as
reserved in United States patent of record.
11. Right of proprietor of a vein or lode to extract and remove his ore therefrom should the
same be found to penetrate or intersect the premises as reserved in United States patent
of record.
12. Easements and rights-of-way as granted to in instruments recorded January 18, 1967, in
Book 381 at Pages 266, 267, 268, 269, and 270.
13. Easements and rights-of-way for roads, streets, highways, ditches, canals, pipelines, and
utility lines as constructed and in place.
14. Terms, conditions, and provisions of acknowledgment and agreement of limitation of
warranty recorded March 22, 1990, in Book 775 at Page 21.
C:\FZIFSSAGHATO.I IX
Oaobcr 2. 1995
Y83819 B-954 P-708 10/02/95 04:39P PG 4 OF 4
15. Easement and right-of-way as contained in easement with the Mountain States Telephone
and Telegraph Company recorded July 15, 1968, in Book 395 at Page 446.
16. The easement for the existing access and the right to the use of Harmony Lane, including
the actual use of Harmony Lane by all those who assert a right of use.
C:\FIIFS\SAGHATO. I EX
October 2. 1995
-2-
483820 B-954 P-709 10/02/95 04:40P PG 1 OF 1 PEC DOC NFEE
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 6.00
QUITCLAIM DEED
THIS DEED, Made this o%^113 day of ®G oie r'/ , 19 95 ,
between THE 1993 THOMAS W. LEVITT FAMILY TRUST
of the 'County of Jackson and State of
Missouri
MgdfilFdte, grantor(s), and S IROUS SAGHATOLESLAMI, RUTH
SAGHATOLESLAMI, THOMAS W. LEVITT, MOLLY G. LEVITT,
JASPER JOHNS, AND PEAK DEVELOPMENT, INC.
whose legal address is P.O. Box 8080, Aspen, Colorado 81612
of the
County of Pitkin and State of Colorado, grantee(s).
WITNESSETH, That the grantor(s), for and in consideration of the sum of
Ten Dollars and other good and valuable consideration AAbitsx
the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, sold and QUITCLAIMED. and by
these presents do es remise, release, sell and QUITCLAIM unto the grantee(s)Xheir heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) ha s in and to the real property, together with
improvements, if any, situate, lying and being in the County of Gar field and State of
Colorado, described as follows:
An easement 30 feet in width for roadway and underground utility purposes which
easement is located 30 feet West of the following described line located in
Section 28, T. 7 S., R. 87 W. of the 6th P.M.: Commencing at the West Quarter
Corner of said Section 28; thence S. 89°09'47" E. 2594.58 feet to the center
Quarter Corner of said section 28; thence s. 89°09'12" E. along the East-West
centerline of said Section 28 66.26 feet to a point on the centerline of Harmony
Lane which is the true point of beginning of said line; thence leaving said East-
West centerline the following seven (7) courses along said centerline:
1. S. 00°00'07" E. 21.26 feet
2. S. 02°09'06" W. 160.05 feet
3. S. 00°35'03" E. 220.84 feet
4. S. 02°11'59" W. 187.62 feet
5. S. 00°34'25" w. 558.48 feet
6. S. 02°28'40" E. 91.04 feet
7. S. 06°19'45" E. 119.31 feet to a point on the southerly line of said
NWhsEk .
The foregoing easement shall be appurtenant to real property owned by grantees
on the date of this instrument in the general vicinity of said easement. Said
easement shall be unlimited in scope for the above-described uses.
-oirnows bystreemn& amn ber as-
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and pnvileges thereunto belonging or in
483821 B-954 P-710 10/02/95 04:43P PG 1 OF 1
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER
QUITCLAIM DEED
THIS DEED, Made this 2nd day of October ‚199 5 ,
between
SIROUS SAGHATOLESLAMI AND RUTH SAGHATOLESLAMI
of the
*County of Pitkin and State of
REC DOC NFEE
6.00
Colorado, grantor(s), and THE 1993 THOMAS W. LEVITT FAMILY
TRUST, THOMAS W. LEVITT, MOLLY G. LEVI`IT, JASPER JOHNS,
AND PEAK DEVELOPMENT, INC.,
whose legal address is P. o. Box 414740 , Kansas City,
Missouri 64141
of the County of
Missouri
Jackson and State of &illiclidoc grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten (10.00)
Dollars
the receipt and sufficiency of which is hereby acknowledged, ha V e remised, released, sold and QUITCLAIMED, and by
these presents do remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in and to the real property, together with
improvements, if any, situate, lying and being in the County of Garfield and State of
Colorado, described as follows:
An easement 30 feet in width for roadway and underground utility purposes, which
easement shall be 30 feet Fast of the following line, located in Section 28,
Township 7 South, Range 87 West of the 6th P.M.:
Commencing at the West Quarter Corner of said Section 28; thence S 89°09'47" E
2594.58 feet to the center Quarter Corner of said Section 28, thatruez>patatca3f
in g corkingX thence S 89°09'12" E along the East-West centerline of said Section 28
66.26 feet to a point on the centerline of Harmony Lane, which is the point of
beginning of said line; thence leaving said East-West centerline the following
seven (7) courses along said centerline:
1. S 00°00'07" E 21.26 feet;
2. S 02°09'06" W 160.05 feet;
3. S 00°35'03" E 220.84 feet;
4. S 02°11'59" W 187.62 feet;
5. S 00°34'25" W 558.48 feet;
6. S 02°28'40" E 91.04 feet;
7. S 06°19'45" E 119.31 feet to a point on the southerly line of said NW1/4SE1/4.
The foregoing easement shall be appurtenant to real property owned by grantees on
the date of this instrument in the general vicinity of said easement. Said
easement shall be unlimited in scope for the above-described uses.
Ma®beza<:
Nit elide
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
NO CONSIDERATION - GRANT OF EASEMENT
486912 B-962 P-257 12/26/95 04:39P PG 1 OF 8 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 41.00
DEED OF EASEMENT
JASPER JOHNS, whose address is c/o Norman Sloane, Paul, Weiss, Rifkind,
Wharton & Harrison,1285 Avenue of the Americas, New York, NY 10019-6064, for and in
consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand
paid by THOMAS W. LEVITT, MOLLY G. LEVITT AND THE 1993 THOMAS W. LEVITT
FAMILY TRUST, whose address is P.O. Box 414740, Kansas City, MO 64141, Grantees,
receipt of which is hereby acknowledged, has given and granted and by these presents does
hereby grant unto each of said Grantees, their heirs, successors and assigns, a perpetual,
non-exclusive easement 60 feet in width on, along, over and across the premises more
particularly described on Exhibit A attached hereto and incorporated herein by this
reference.
Purposes of Easement. The easement granted hereby is for the purposes of the
construction, installation, use and maintenance of an ingress/egress roadway and the
installation, use and maintenance of underground utility lines to the Properties now owned
by Grantees and described on Exhibit B attached hereto and incorporated herein by this
reference.
Scope of Easement. Grantor acknowledges that the easement herein granted is
appurtenant to the Properties described on Exhibit B and that said easement may be utilized
as the primary roadway and utility access to such Properties by the Grantees, their heirs.
successors and assigns, as such Properties now exist or as they may hereafter be developed
in accordance with applicable regulations of Garfield County, Colorado. As such, it is the
intention of the Grantor that the within easement shall not provide access to a total of more
than twenty-six (26) subdivided lots on the properties of the Grantees described on Exhibit
B, and that no roadway constructed within the easement shall have greater than eleven (11)
foot lane widths, six (6) foot shoulder widths and six (6) foot ditch widths as provided for
secondary access roadways in the Garfield County road standards.
Limitation of Use of Easement. At no time may the access easement granted to
Grantees be utilized for parking of vehicles.
Indemnification. Each of the Grantees hereby agrees to fully and forever indemnify,
defend, save and hold harmless Grantor from and against any and all losses, damages,
liabilities, claims or demands for personal injury, property damage or any other form of loss
or damage (including reasonable attorneys' fees incurred as a result thereof) arising from
or incurred in any way in connection with the use or occupancy by such respective Grantee
of the easement granted hereunder.
Binding Effect: Covenants Running with the Land. This Deed of Easement and all
rights and obligations set forth herein shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, personal representatives, successors and assigns, and
shall be deemed to be a burden and benefit running with the properties owned by Grantor
and various Grantees, respectively.
Return to: Lawrence R. Green
Delaney & Balcomb. P.C.
P.O. Drawer 790
Glenwood Spr:ncs. CO 81502
486912 B-962 P-258 12/26/95 04:39P PG 2 OF 8
Attorneys' Fees. In the event that any party hereto retains an attorney for the
purpose of enforcing any right or duty arising out of this Deed of Easement, the non -
prevailing party in such dispute shall pay the prevailing party the latter's reasonable
attorneys' fees, whether or not litigation is actually instituted.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and
all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law
or equity, in and to the easement hereby granted to the only proper use, benefit and behoof
of each of the said Grantees, their heirs, successors and assigns.
IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this
ta day of Qeteke�r,1995.
ecevM ver1
STATE OF NEW YORK )
) ss.
COUNTY OF )
ecrnber
The foregoing instrument was acknowledged before me this 12-Iday of .(,
1995, by Jasper Johns.
WITNESS my hand and official
My commission expires:
Address:
`h`•.•'°
31-
Qualif -• in New York County
Commissi • Expires March 30, 19
486912 B-962 P-259 12/26/95 04:39P PG 3 OF 8
EXHIBIT A
60.00' WIDE ACCESS DESCRIPTION
A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE
NW1/4SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO;
SAID STRIP OF LAND BEING 30.00 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE
S 82'06'44" E 2670.27 FEET TO A POINT ON THE CENTERLINE OF HARMONY
LANE, THE TRUE POINT OF BEGINNING; THENCE N 88'50'17" W ALONG SAID
CENTERLINE 61.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID
NW1/4SE1/4; THENCE CONTINUING ALONG SAID CENTERLINE N 88'50'17" W
56.19 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET AND A
CENTRAL ANGLE OF 25'39'21", A DISTANCE OF 134.33 FEET (CHORD BEARS
N 76'00'37" W 133.21 FEET); THENCE CONTINUING ALONG SAID CENTERLINE
N 63'10'56" W 33.98 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET
AND A CENTRAL ANGLE OF 42'58'25", A DISTANCE OF 112.50 FEET (CHORD
BEARS N 84'40'08" W 109.89 FEET); THENCE CONTINUING ALONG SAID
CENTERLINE S 73'50'39" W 130.47 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
300.00 FEET AND A CENTRAL ANGLE OF 20`46'56", A DISTANCE OF 108.82
FEET (CHORD BEARS S 84'14'08" W 108.22 FEET); THENCE CONTINUING
ALONG SAID CENTERLINE N 85'22'24" W 45.89 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING
A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 34'21'42", A
DISTANCE OF 599.72 FEET (CHORD BEARS S 77'26'45" W 590.78 FEET);
THENCE CONTINUING ALONG SAID CENTERLINE S 60'15'54" W 97.14 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF
23'18'33", A DISTANCE OF 73.23 FEET (CHORD BEARS S 48'36'37" W
72.72 FEET) TO A POINT ON THE WESTERLY LINE OF SAID NE1/4SW1/4, THE
TERMINUS, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 28 BEARS
N 65'33'42" W 1388.57 FEET; SAID STRIP OF LAND CONTAINING 2.001
ACRES, MORE OR LESS.
EXHIBIT B
486912 B-962 P-260 12/26/95 04:39P PG 4 OF 8
�.evitt Trust Property
Parcel 1
A PARCEL OF LAND SITUATED IN THE Sf+'1/4 SWI/4, TSE
N1/2 551/4 SW1/4, ITIS W1/2 SXI/4
AND IN TRH NW1/4 SW1/4 OF SECTION Z8, STATE PCO SOUTH, RANGE 87 WEST, THE NEI/4 SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
87 OF T1� SIaTB
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGSURVEYOR'S BRASS
CORNER OF SAID SECTION L� OF SECTION 28, 997.11
CAP
AT TTL: E; TI*'EST OS BEGINNING; 7EDX
FEE POO IN PEACE; N PLACE,
LS t 22580, THE
TRUE POINT
FEET' � A REBAR & CAP IN pUCfi, riffs X.89'56'19'5. ALONG SAID
EXISTING FENCELIHE; �� Z48• 00 FEET GO TBD
navcRLIR
X. 03'23' 54 "E• 4FEE 1396.62 FEETTx'51 ' 41 "E. ALONG SAID PEN IN RECEPTION TION T
NORTHWESTERLY
96.34 E OF t EXISTING 5.88 AS DESCRIBED IN TEE PTIONiiNO.
93E 0! T LING EL C TYRS TM S.00'00'001f. 15.65 FEET TO TIE AST -WEST
394063ST
EIN TEE viz SW1/ �� RS 5.89'45'38"E• 28.99 FEET'
CENTERLINE OF TEE SWI/4 OF SECTION 28; TM �, � PLACE, LS ;22580; TZiE.*T
SIXTEENTH CORNER 0P SECTION 28, A R� AND ALININUM & FEET TO A REBAR CAP IN PUCE,
CONTINUING ALONG SAID CENTERLINE 5.89'45'38"E.AIO & GAP � PLACE, � t 22580,; TEEN
LONT 78 FEET T 0 REBAR
LS t 22580,; Ti 25 11.131•51'O 4IN' ON TEE fi4STERLY LINE OP SAID NE1/4 SW1/4 OF SECTION
S. 89.45 `38 "E. 250.00 FEET TO A POINT 580; TEEN S.01'51'541:1. ALONG T8E XONORTH-SOUTH28. A RERAR & CAP IN PLACE, LS 22EET � � SOUTH CENTER SIXTEENTH CORNER OF SECTION
28 (WHENCE
OF SECTION 28, ,435.78
LS•t 23 BEARS X.37'10`03'E. 1.28 PEET); Tom' 5.89'45'09"E.
28 (��vc.. A �� ANDIN PLACE, ALSO BEING A .REEa°
105.05 FEET TO THE CENTERLINE OF a ROAD AS CONNG STRUCTED
CENTERLINE THE FOLLOWING NINE (9)
& CAP IN PLACE. LS $ 22580; Inv CONTINUING
COURSES:
1) S. 01'14'32"E. 280.38 FEET:
2) 5.02' 01 ' 43 "a'. 115.18 FEET;
3) 5.00'39'22"W. 148.53 FEET;
4) 5.01'44'39"E. 133.99 FEET;
5) S.04'28'45"E. 106.53 FEET; T.SPP1•� HAVING A RADIUS OF 1475.00 PE::.
6) 100.07 PEE? ALONG TBS ARC OF A CURVE TO
A
MITRAL ANGLE OF 03'53'14" (CHORD BEARS 5.06'25'22"E. 100.06 FEET);
7) 5.08'21'59-E. G.1988B E %ARC�
8) 95.23 AI•Q.
A � TO RIGHT', SAVING A RADIUS OF 126.84 FEET, A
CLyT'RAL �AL ANGLE OF 43'01'06" (CHORD BEARS PIS � ' 3� S 22580, ; 1'BF1I, S. 89'43' 28'X •
9) 5.38'12'03'W. 18.32 FEET TO A REQ �22580,; TSE.' N• 01'52' 46'fi. 329.19 FEET TO A
LSA19 POINT ON
30.74 FEET A REEAR & CAP IN PLACE, THEN X.89'58'09"T�• 110.00 PEST � TO REBAR & CAP IN PLACE. LS t 22580; & Up IN PLACE. LS t 22580; THEN
NORTH -LOOP' CENTERLINE OF SAIDSECTION rPEfiTRDT� POINT ON TBS. BAST -WEST CENTERLINE.'V. 02'06'39"E. ALONG SAID CiL'yIF.RL 49.20IN PLACE. LS t 22580; TEEN 3.89'57'05"W.
OF THE SE 1 /4 SW1/4 OF SECTION 28, A REBAR & CAP INE OF TEE O'i11.' 4
A POINT ON THE NORTH-SOUTE CENTE LSAID
ALONG SAID CENTERLINE 1353.02 FEET PLACE, LS t 22580; THE.'I 5.03'23'54'W. ALONG
OF SECTION 28 , A EEAR & CAP IN SI , 773 CORNER MOWN Ib SECTIONS 28 MW 33, A
CENTERLINE 686.91 FEET TO TEB ;TEST N 5.89'40'17"W. ALONG THE SOUTHERLY LINE
REp ALUMINUM CAP IN PLACE, LS t 22580; THE•
0? SE { SECTION 28, 374.54 FEET TO TED TRUE POINT 0P SEGINNING; SAID PARCEL CONTAINING 37.347
OF SEC: I �•
ACRES, MORE OR LESS.
486912 B-962 P-261 12/26/95 04:39P PG 5 OF 8
LEVITT TRUST PROPERTY
Parcel 2
A PARCEL OF LAND BEING ALL THAT PORTION OF THE NW1/4SE1/4 OF
SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL
MERIDIAN LYING WESTERLY OF THE CENTERLINE OF HARMONY LANE, AS
CONSTRUCTED AND IN PLACE, COUNTY OF GARFIELD, STATE OF COLORADO;
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE
S 89'09'47" E 2594.58 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 28; THENCE S 01'51'54" E ALONG THE WESTERLY LINE OF SAID
NW1/4SE1/4 922.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLY LINE S 89945'57" E 82.01 FEET TO A POINT ON
THE CENTERLINE OF HARMONY LANE; THENCE ALONG SAID CENTERLINE THE
FOLLOWING THREE (3) COURSES ALONG SAID CENTERLINE:
1. S 00'34'25" W 226.20 FEET
2. S 02'28'40" E 91.04 FEET
3. S 06'19'45" E 119.31 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID NW1/4SE1/4; THENCE LEAVING SAID CENTERLINE
N 89'44'18" W ALONG SAID SOUTHERLY LINE 111.02 FEET TO THE SOUTH -
CENTER SIXTEENTH CORNER OF SAID SECTION 28; THENCE N 01951'54" E
ALONG THE WESTERLY LINE OF SAID NW1/4SE1/4_435.78 FEET TO THE TRUE
POINT OF BEGINNING; SAID PARCEL CONTAINING 0.907 ACRES, MORE OR
LESS.
•
486912 B-962 P-262 12/26/95 04:39P PG 6 OF 8
LEVITT TRUST PROPERTY
Parcel 3
Attached to and forming a part of General Warranty Deed between JASPER JOHNS,
Grantor, and THOMAS W. LEVITT, MOLLY G. LEVITT AND THE 1993 THOMAS W.
LEVITT FAMILY TRUST, Grantees.
A parcel of land situated in the NE1/4SW1/4 of Section 28, Township 7 South,
Range 87 West of the Sixth Principal Meridian, County of Garfield, State of
Colorado, said parcel being more particularly described as follows:
Commencing at the West Center Sixteenth corner of said Section 28, a rebar
and cap, PLS #14111; then S. 03°23'54" W. 1252.96 feet along the North-
South centerline of the SW1/4 of Section 28, to the true point of beginning;
then S. 89°45'38" E. 1081.15 feet; then S. 01°51'54" W. 120.74 feet to the East-
West centerline of the SW1/4 of Section 28, a rebar and cap, PLS #22580;
then N. 89°45'38" W. 1084.38 feet along said East-West centerline to the
Southwest Sixteenth corner of Section 28, a rebar and cap PLS #22580; then
N. 03°23'54" E. 120.87 feet along the North-South centerline of the SW1/4 of
Section 28, to the true point of beginning, said parcel containing 3.00 acres,
more or less.
486912 B-962 P-263 12/26/95 04:39P PG 7 OF 8
EXHIBIT B
Thomas W. Levitt Property
A parcel of land situated in the SW1/4SW1/4, the NW1/4SW1/4 of Section 28, and in the
SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado, said parcel being more particularly described as
follows:
Beginning at the Southeast corner of said Section 29, a Garfield County Surveyor's brass cap
found in place; then S. 89°55'37" W. along the Southerly line of said Section 29, 714.33 feet;
then N. 51°26'57' E. 980.26 feet to a point on the Easterly line of said Section 29; then N.
04°54'00" E. 777.70 feet to the South sixteenth corner common to Sections 28 and 29; then
N. 04°54'00" E. along said Easterly line 17.48 feet to an existing fenceline; then the following
four (4) courses along said existing fenceline:
1) S. 89°43'21" E. 489.10 feet;
2) N. 88°56'31" E. 162.00 feet;
3) S. 89°13'29" E. 230.00 feet;
4) N. 89°55'31" E. 78.62 feet; then S. 03°23'54" W. 1396.62 feet to a point on the
Southerly line of Section 28; then S. 89°40'17" W., along said line 997.11 feet to the point
of beginning; said parcel containing 36.400 acres, more or less.
486912 B-962 P-264 12/26/95 04:39P PG 8 OF 8
EXHIBIT B
Molly G. Levitt Property
A parcel of land consisting of the SE1/4SE1/4 of Section 29, Township 7 South, Range 87
West of the Sixth Principal Meridian, County of Garfield and State of Colorado,
EXCEPTING THEREFROM a parcel of land described as follows:
Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap
found in place; thence S. 89°55'37" W. along the Southerly line of Section 29, 714.33 feet;
thence N. 51°26'57" E. 980.26 feet to a point on the Easterly line of said Section 29; thence
S. 04°54'00" W. 612.23 feet to the point of beginning.
SEO-WTR DIV 5
TEL:303-945-5665 Apr 04 96
REPORT DATE 04/04/96 COLORADO WILLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WILL WELL
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH
21680MB 5 19 ISAAC RUSSELL C/0 SHELTON DRILLING CO BASALT, CO 81621
MH 10/01/93 _ Q 19. GN
123230 5 19 ASPEN MTN VIEW BOX 5508 SNOWMASS VLG, CO 81615
NP 10130111 SA 09/18189 38 D 08/25/88 1.00 ei 10.00
41593F 5 19 SAGHATOLESLAMI SIROUS LEAVENWORTH E LOCHHEAD GLENWOOD SPGS, CO 81602
NP 09/08/92 09/09/93 38 D GN
12786AD 5 19 SAGHATOLESLAMI SIROUS P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602 LOT
FI 1•
16:32 No .003 P.01
PAGE 1
WATER SEC LOCAT'N TOWN P
LEVEL COORDINATES QTRS SC SHIP RANGE M
SE 28 7 1 17 W S
155
LOT
10
115 0900N.08006 NENE 28 7 S 87 W S
10 SAGATOLESLAMI
3817S.09178 5E118 28 7 S 87 W S
SAGHATOLESLAMI
7 :7 W
18101MB 5 23 KOSKI HIP C/O ? 0 BOX 1059 BASALT, CO 81621
U19/10/21 52
40011F 5 19 KOSKI IIP C/0 P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602
_12 _10/17/11 38 M
40012F 5 19 KOSKI KIP C/0 P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602
NP 10/17/91 38 M
23904F 5 19 KOSKI KIP 0010 FENDER LN CARBONDALE, CO 81623
11P 08/02178 EP 11106/79 38 D
159036 5 19 KOSKI KIP 0010 FENDER LN CARBONDALE, CO 81623
NP_ 12/13190 CA 10/22/91 38 D
12510AD 5 19 KOSKI KIP tLEAVENWORTH & LOCHHEAD P 0 DRAWER 2030
AD 07/05/91 38 11
12509AD 5 19 KOSKI HIP %LEAVENWORTH 1 LOCHHEAD P 0 DRAWER 2030
AD 07/05/91 38. M
20814MH 5 23 MOORE DIANA C/0 SHELTON DRILLING CO BASALT, CO 81621
)IH 06/08/93 38 0 M
170402 5 23 MOORE DIANA JOSEPHS t JAMES S ADAMS ASPEN, CO 81611
,G P.00 170 110 158011.15508 SWNB 28 7 S 87 W S
GW.25..11L___ITIL__115.12112L12.51LIEliB 28 7 S 81 W S
150011.15008 SWNE 28 7 S 87 W S
GW
205011,16208 SWNB 28 7 S 87 N S
GW 200011.1950E SWNB 28 7 5 87 W S
2000N.1950E Biro, 28 7 S 81 W $
150011.15008 5888 28 7 S 87 W S
IN 28 7 S 87 U
GLENWOOD SPGS, CO 81602
014
GLENWOOD SPGS, CO 81602
ON
GW
11
N1
W 7
113330 5 23 PIRGEL J F WOODY CREEK, CO 81656
NP 03/10/80 38 SWNW 28 7 S 87 W S
117069 5 23 PIBGBL R J CARBONDALE, CO 81623
NP 10/20/80 38 SWNW 28 7 5 87 W S
117070 5 23 PIBGBL R J CARBONDALE, CO 81623
NP 10/20/80 38 SWNW 28 7 S 87 W S
144591 5 23 CONWAY GRANVILLE 1980 RD 102 CARBONDALE, CO 81623
1. 1
1 1 1 1 11
11
1 '11; 1 11,
150588 5 23 MARSHALL JIM 2130 RD. CARBONDALE, CO 81623
NP 01/08/88
27488 5 23 STACEY JOHN
3
8
GW
NNW 28 7 S 87 W S
CARBONDALE, CO 81623
38 D 13/10/66 30.00
19464MH 5 23 OLSON BRIAN & TERRY t SHELTON DRLG BOX 1059 BASALT, CO 81621
I u
260 160 SINN 28 1 S 87 W S
21199MH 5 19 ISSAC RUSSELL C/0 SHELTON DRILLING CO BASALT, CO 81621
MH 07/30/93 5 0 14 GW
22224MH 5 19 SCHEER ANTHONY C/0 SHELTON DRILLING CO BASALT, CO 81621
MH 01/20/94 36 0 M GN
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SEO—WTR DIV 5
REPORT DATE 04/04/96
PERMIT D CO 0WNRR INFORMATION
TEL:303-945-5665 Apr 04 96 16:33 No.003 P.02
COLORADO WILLS, APPLICATIONS, AND PERMITS PAGE 2
COLORADO DIVISION OF WATER RESOURCES
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SBC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USS DAT! APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
12787AD 5 19 SAGHATOLESLAMI SIROUS P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602 LOT 21 SAGHATOLESLAMI
AD 04/22/92 _38 DS Gt 2300S.0990E NESE 28 7 S 87 W S
12788AD 5 19 SAGHATOLESLAMI SIROUS P 0 DRAWER 2030 GLINWOOD SPGS, CO 81602 LOT 23 SAGHATOLBSLAMI
AD 04122/92 38 DS GW 11995.0.9.90E NBSB 28 7 S 87 W S
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NP 09/08/92 09/09/93 31 D GW 2146S.2255I NWSR 28 7 S 87 W S
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AD 04122192 38 DS GW 21465.22558 NISI 28 7 S 87 W S
128978 5 19 BIER JIFF P 0 BOR D CARBONDALE, CO 81623
NP 01/12/83 EP 02/02/85 38 D
147575 5 19 COOK H C 0304 STATE HWY 133 CARBONDALE, CO 81623
NP 03/26/87 EP 04/20189 38 GW 0.9005.01408 SBSB 28 7 S 87 W S
GW 08005.0140E SESB 28 1 S 87 W S
153501 5 19 MORSE CHALMERS I 14218 HWY 82 STB 201 CARBONDALE, CO 81623 LOT 1 PLG 1 SODERBERG
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38
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8P 06/30/91 38
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SW 0300S.05091 SSE 28 7 S &Z N S
1 • 11 111
B BB
37638F 5 19 BEATER STBPHRN C/0 106 S MILL STB 200 ASPEN, CO 81611
BX 04103/40 AR 08/20/90 38 D
157783 5 19 STEINMBT2 JIM P 0 BOX 666 BASALT, CO 81621
HP 06/18/90 RC 01/11/94 38
157782 5 19 COOK JR H C C/O 1700 LINCOLN ST 83500 DENVER, CO 80203
LOT 2 FLG 3 SODERBERG
GW 1175S.07501 SHE 28 7 S
GW 12.00 300 227 1132S.0140E SBSE 21 7 &
IX 07/23/90 38 S GW 10 00 320 235 08005.0140E 585! 28 7 S
162000 5 19 LANE GORDON/BARBARA WHBATLBY 14323 SW 62ND ST MIAMI, FL 33183 LOT 2 PLG 1 SODERBERG EXEMPTION
aP 09/12/91 38 GW 15 .0 140 170 04505.08548 SISI 28 .7 S
164675 5 19 OLLIFFE JAKE J 3022.263 PLACE SE ISSAHUAX, WA 98027 LOT 4 FLG 3 SODERBERG MINOR
NP 05/Z¢/92 38, GW 20.00 240 229 0300S.0500E SIB 28 7 S
13010AD 5 19 MORSE CHALMERS C/0 STASMORB INC CARBONDALE, CO 81623 LOT 1 FLG 1 SODERBERG
AD 10/22/92 AR 12/11/92 _38 _ GW J3305.1010E SISI 28 7 S
42222F 5 19 MORSE CHALMERS C/0 STRASMORB INC CARBONDALE, CO 81623 LOT 1 FLG 1 SODERBERG
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43305F 5 19 SCHEER ANTHONY & CAROLYN 205 S MILL ST ASPEN, CO 81611 LOT
NP 02/14/94 38 D G8
37593F 5 19 BUTLER MARGIE 435 S GUADALUPE ST SANTE FE, NM 87501
8193114/89 AR 03/0.8/.9.0 3 G G8[ 10.00
1 PLG 3 SODERBRRG
12008.1080E SISI 28 7 S 87 W S
230 183 10005.16208 SWSEJ8 1 S 87 W S
10005.17201 SWSE 28 7 S 87 W S
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36005F 5 19 OLSON BRIAN J & THERESA R P 0 BOX 5264 SNOWMASS VLG, CO 81615
EX 05/08/89 BP 12/18(91 38 08
41029F 5 19 OLSON BRIAN & TERRY P 0 BOX 5264 SNOWMASS VLG, CO 81615
1
90710 5 19 BAKER GREG BOX 2209 ASPEN, CO 81611
NP 05105/71 81 0.4/01181 38 D 06/30/77
111
SE0-LJTR DIV 5 TEL:303-945-5665
Apr 04 96 16:34 No.003 P.03
PAGE 3
REPORT DATE 04/04/96 COLORADO WELLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SBC LOCAT'N TOWN P
CD DATE CD DATE WD ND DB USB DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
42766F 5 19 ISAAC RUSSELL 0012 BEAVER LN
CARBONDALE, CO 81623
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43088F 5 19 ISAAC RUSSELL 0012 BEAVER LN CARBONDALE, CO 81623
NP 12/01193 38 D
45273F 5 19 LOPE! MARIAN %RESOURCE ENGINEERING INC
NP 05/19/95 38 D
5 19 THE 180 PROJEC CARBONDALE, CO 81623
AP 09/10/80 38
111273 5 39 PASSIN 11 CARBONDALE, CO 81623
7' 1
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NP 10/03/91 EP 09/09194 38
166098 5 23 GLEN STANLEY 603 LONGBOAT CLUB RD
NP 10/93/91 8P 09109/94 38
190079 5 23 GLEN STANLEY 603 LONGBOAT CLUB RD
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190080 5 23 GLEN STANLEY 603 LONGBOAT CLUB RD
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0400S,2300W SESW 28 7 S 87 W S
14095.1100W SESW 28 7 S 87 W S
Q400S.2300W SESW 28 7 S 87 W S
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272018E 5 19 LEVITT TOM C,0 SRELTON DRILLING BASALT, CO 81621
JII j2f 21L,95 38 0 M GW SEW 28 7 S 87 W S
27336MR 5 38 LEVITT THOMAS tZANCANELLA & ASSOC GLENWD SPRINGS, CO 81602
148 02/01/96 19 0 N GW
27420MR 5 19 LBVITT THOMAS %ZANCANBLLA 6 ASSOC GLBNWD SPRINGS, CO 81602
MK 11115Di 38 0 14 GW
23418F 5 23 LARSON J M GLNWD SPGS, CO 81601
SESW 28 7 S 87 W S
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25703 5 23 ANTONIDIES BILL ASPEN, CO 81611
31 D 11/10/65
272028! 5 19 LEVITT TON C/O SHELTON DRILLING BASALT, CO 81621
20.00 /EL 180 5858 28 7 S 87 W S
WW
2741981 5 19 LEVITT THOMAS %1ANCAWBLLA & ASSOC GLBNWD SPRINGS, CO 81602
SIR 02/15/96 38 0 M GI
£WSW 28 7S 87 WS
SEO—WTR DIV 5
TEL:303-945-5665 Apr 04 96 16:35 No.003 P.04
REPORT DATE 04/04/96 COLORADO WELLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
PAGE 1
ACTIVITY STATUS 1ST USED ANNUAL ACRES GIOL WILL WELL WATER SBC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
88276 5 23 TAVERNA FRANK X 1670 UPPER CATTLE CRX RD CARBONDALE, CO 81623
R 7 .7
29712F
NP Q7/16/J 5BP 02121/87 38 I
29727F 5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
Ni 01126/85 EP 02/21/87 j @ _ I
111574 5 23 STACEY P E CARBONDALB, CO 81623
NP 10129/79 38 _
113039 5 23 STACEY I. ASPEN, CO 81611
NP 0211418.0 WA 38 D _
139131 5 23 STACEY PETER A R 31 BOX 464 TERRA HAUTE, IN 47803
11111.1/2.2/88 E Q4/05/88 38
5 23 STACEY PETER 12817 GRANITE AVE NE ALBUQUERQUE, NM 87112
AP 08117191A1112106190 38
5 23 STACEY PETER 12811 GRANITE AVE NB ALBUQUERQUE, NM 87112
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
is i I. •I
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5 23 DUELL CAROLINE I 1978 R0AD102 CARBONDALE, CO 81623 STACEY EXEMPTION
NP 02/25/91 BP 03/04/93 38 GW 1420N.07001 SENE 29 1 S 87 I S
5 23 DUELL CAROLINE 1978 CO RD 102 CARBONDALE, CO 81623
HP 05/27/93 AR 07/23/93 38 GW 15.00 210 170 142011.07000 SINE 29 7 S 87 N S
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
HP 07)26/85 BP 02!21/87 38 I
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
NP 07/26185 EP. 02/21/87 38
5 23 STIRLING J GLENWD SPG, CO 81601
RP 08/20/79 38 D NEVI 29 7 S 87 11 S
5 23 STIRLING RUTH R. P.O. DRAWER 2030 GLENWD SPGS, CO 81602
38 D 02/28/84 15 00 173 135 098211.232618 MINI 29 7 S 87 I S
5 23 BARNES COURTLAND CARBONDALE, CO 81623
34 D 05/22/67 _10.00 260 200 MINI 29 7 S 87 I S
5 49 STIRLING JOHN P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602
NP 07/26/85 EP 02/21187 38 I GI 1800N.1660W SBNW 29 7 S 87 I S
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
NP 07/26/85 RP 02/21187 38 I GI SINN 29 7 S 87 N S
5 23 STIRLING JOHN C/0 P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602
NP 04/20/90 SA 07/08/91 38 DS_ 06/01/40 GN 15,00 290 200 1800N,1660W SENN 29 7 S 81 W S
5 23 STINTING GENE M CARBONDALE, CO 81623
38 D 09/24/68 10.00 215 130 170011.113018 SID 29 7 S 87 W S
5 23 STIRLING J GLENWD SPG, CO 81601
NP 08/20/79 38� SOH 29 7 S 87 W S
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
NP 07/26/85 EP 02/21/87 38 1 GI NNW 29 7 S 87 I S
5 49 STIRLING JOHN P 0 DRAWER 2030 GLENWOOD SPGS, CO 81602
NP 07/26/85 EP 02/21) 7 38 I GI SINN 29 7 S 87 I S
5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
_ NP 07/26/85 8P 02121/87 38 1 GN NWSE 29 7 S 87 W S
29716F 5 49 STIRLING JOHN GLENWOOD SPGS, CO 81602
NP 07/26/85 BP 02/21/83 3$ _ L Gl NISB 29 7 S 87 I S
SI
GI
SINE 29 7 S 82 W S
SINE 29 7 8740
SEO-WTR DIV 5
REPORT DATE 04/04/96
PERMIT D CO OWNER INFORMATION
TEL:303-945-5665 Apr 04 96 16:35 No.003 P.05
COLORADO RRLLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF NATER RESOURCES
ACTIVITY STATUS 1ST USED ANNUAL ACRES
CD DATE CD DATE WD MD DB USB DATE APROP IRR
29717? 5 49 STIRLING JOHN GLENWOOD
3[P 0736185 EP 02/21187 38
27200M11 5 23 LEVITT TOM C/O WAYNE SHEL
MR 12121/95 38
110077 5 23 STIRLING J GLINWD SPG,
NP 08120/79 �B
29718? 5 49 STIRLING JOHN GLENWOOD
NP 07/26/85 EP 02/21187 . 38
110079 5 23 STIRLING J GLBNND SPG,
HP O1L2iQ79 38
29719? 5 49 STIRLING JOHN GLBNWOOD
NP 07/26/85 BP 02/21/87 38
SPGS, CO 81602
TON DRLG BASALT, CO 81621
OM
CO 81601
D
GEOL WILL
AQFR YIELD
GW
PAGR 2
WELL WATER SEC LOCAT'N TORN P
DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
GH
SPGS, CO 81602
1
CO 81601
D
G14
NWSK 29 7 S 87 W S
SBSB 29 7 S 1 W S
112_21_/1_17_11
NBSW 29 7 S 87 W S
NWSW 29 7 S 81 W S
SPGS, CO 81602
I
GW
29721F 5 49 STIRLING JORN GLERWOOD
NP 021,x¢/8.5 BP 02/21/87 38
7W
SPGS, CO 81602
L GW _ NWSW 29 7 S 87 W S
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
Z4NC4NELL4 4N() 4 5OCt4TES, INC.
ENGINEERING CONSULT4NTS
April 2, 1996
Mr. Mark Bean
Garfield County Planning and Zoning Commission
109 Eighth Street
Glenwood Springs, CO 81601
Re: Levitt Subdivision Missouri Heights - Well test report Levitt Trust Well #2
Dear Mark:
(970) 945-5700
(970) 945-1253 Fax
a
COUNTy
Enclosed for your review is our pump test report for the Levitt Trust Well #2. This well was
investigated to determine its yield and ability to provide the physical water supply to the Levitt
Subdivision located at Missouri Heights near EI Jebel. The legal source of supply will be
provided from the Basalt Water Conservancy District. The contract to acquire water from the
district is currently awaiting approval by the Basalt District Board of Directors. We will forward
you a final contract when approval is granted.
If you have any questions, our require additional information please call our Glenwood Springs
office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
Christoph=r Manera, P. E.
w/encl
cc: wo/encl
Tom Levitt
Ron Liston
CM\cm195231 \gar2.itr
Page 1
ROarinFork School District RE -1
43k8;9 1405 Grand Avenue
Gien.akiitod Springs, Colorado 81602-0820.,..::
Telephone (970) 945-6558
March 4, 1996
•
Eric McCafferty
Garfield County Building & Planning
109 8th Street
Glenwood Springs, CO 81601
RE: Levitt Subdivision Preliminary Plan
Dear Mr. McCafferty:
DR. JAf ':S.L.- 8ADER,;. r)►ftendent
JAMES •C. .PHILLIPS;.,Assistant Superintendent
SHANNON PELLAND, Budget Officer
•
Please accept our request for impact fees or land in lieu of impact fees for the above -
referenced subdivision per the attached schedule as originally submitted to you May 30,
1994. Please do not hesitate to call if you have any questions.
Sincerely,
*AA
Shannon Pelland
Budget Officer
Enc.
Roaring Fork School District RE -1
Box 820 1405 Grant Avenue
Glenwood Sprrings:.0040tada ;.;81602-0820
Telephone (970) 945-6558
TO:
FROM:
DATE:
RE:
County and City Governments
Planning Divisions
Roaring Fork School District
May 30, 1994
REQUEST FOR IMPACT FEES
D1 JxMES"L: AADER, Superintendent
JA&IES Cs' PHILLIPS, Assistant Superintendent
SHANNON PELLAND, Budget Office:
On behalf of the Roaring Fork School District and the Board of
Education, we are extending our thanks and appreciation for the time
and energy all of you have provided to assist us in this review.
During the course of several months, we met with a variety of
community representatives, as well as elected officials with the
counties' and cities' Planning and Zoning Departments.
As a result of this process, and review of various formulas for
impact fees, the Roaring Fork School District is respectfully
requesting the appropriate officials adopt the following fee
structure.
A. We are requesting the formulas your organization presently uses
to determine the number of students be continued.
B. We are requesting land dedication of .04 acres per student,
based upon your formula. Land areas shall be suitable for
school sites.
C. We are requesting the District determine whether or not to
accept cash in lieu of land dedication.
The Superintendent of Schools and the Director of Finance are
available to visit with your boards regarding this request, and
willing to continue our dialogue to determine what is fair and
equitable for all.
We believe this formula provides a mechanism that is consistent
throughout our District, and addresses real impacts made on the
schools. Thank you for your consideration.
Sincerely,
JamesL. Bader
Superintendent
Enclosures: Supporting data
•
TABLE III
IMPACT FEES IN LIEU OF LAND
Number of Bedrooms
HOUSING TYPE 1BR 2BR 3BR 4BR 5BR BLENDED
(all BRs)
SINGLE FAMILY $378 $1104 $2237 $3531 $1358
APARTMENTS $ 56 $344 $1067 a b $ 312
TOWNHOUSE $162 $219 $ 656 c d $ 485
HIGH RISE $ 24 $ 24 $ 24 e f $ 24
MOBILE HOMES $254 $363 $1410 g h $ 819
2PLEX, 3PLEX, 4PLEX $131 $403 $1043 i j $ 582
Formula
(Acres per student) x (Cost per acre) x Students per unit cost = Fee
NOTE: a -j - No units at time of study.
Based on interpolating data chart would be as follows:
a = 1502
c = 1036
e = 24
g = 2348
i = 1411
b = 1937
d = 1416
f = 24
h = 3286
j = 1779
Roaring Fork i School District RE -1
Box 820 1405 Grand:Avenue
Glenwood Springs CWoi to 81602-0820
Telephone (970) 945-6558
BE IT RESOLVED:
RESOLUTION
DIS JAIAEVU.13ADER, Superintendent
JAMES.G. !NIWPS, Assistant Superintendent
SHANNON PELLANG, Budget Officer
The Board of Education of the Roaring Fork School District RE -1
is hereby requesting that all affected entities (Counties,
collect an impact fee from new developments in the amount
Cities)
of .04
acres of land suitable for construction of school facilities, per
each estimated student, generated by that development according to
the formula adopted by the affected entity. It is understood that
although the entities have formulas based upon different allocation
methods, all entities are currently using or have available,
formulas which reasonably calculate or could calculate that number
of students. For those areas which may not be conducive to school
development, the District may accept cash in lieu of land at its
option. It would be the responsibility of the developer to
establish the estimated fair market value of the land through
independent appraisers.
March 27, 1996
2 8 996
Eric McCafferty
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Eric,
--.(1?
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248-7325
I inspected the Levitt Subdivision site with Ron Liston on March
22nd. The subdivision contains nearly level grass/sage areas as
well as Pinyon/juniper hill sides that exceed 50% slopes. The
building envelopes are situated on the bench above these steep
slopes. Ron and I looked at all 13 proposed sites. Sites 1
through 10 include portions of the Pinyon/juniper vegetation. I
recommended to Ron that the homes be situated 100 feet from the
edge of the slope. This recommendation comes from the National
Fire Protection Association (NFPA) 299 standard for Protection of
Life and Property from Wildfire. The purpose of this
recommendation is to avoid convective and radiant heat
originating from a wildfire below a structure. This heat could
ignite a structure. The Colorado State Forest Service uses the
NFPA 299 standard recommendations in all wildfire hazard
mitigation. In addition, defensible space should be implemented
around all structures. This defensible space includes
incorporating landscaping around the home that can be maintained
at 6 inches or less for a 10 foot perimeter. Vegetation beyond
the 10 foot perimeter should be manipulated out to at least
another 30 feet. Within this 40 foot perimeter, dead wood should
be removed and trees should be thinned so the tree crowns are not
touching, preferably at least 10 feet apart.
I visited with Bill Gavette of the Carbondale Fire Department
about this subdivision. We talked about the water storage, fire
hydrants and existing road system. I also visited with Ron about
the roads. As we discussed and what I see on the plans the road
system is sufficient for wildfire control purposes.
Thank you for the opportunity to review this proposal. Feel free
to call me with any questions.
Sincerely,
A. Vince Urbina
Assistant District Forester
cc: Guy Meyer -Garfield County Sheriff's Office
Bill Gavette -Carbondale FPD
Ron Liston
•
Carbondale & Rural Fire Protection Distri
300 Meadowood Dr.
Carbondale, Colorado 81623
Phone (970) 963-2491
Fax (970) 963-0569
March 21, 1996
Eric McCafferty
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Levitt Subdivision Preliminary Plan
GAF ELD GOWN
I have reviewed the preliminary plan for the Levitt Subdivision. I would offer the following
comments regarding fire protection for the subdivision.
The proposed access is essentially the same as previously preposed in the sketch plan. Access
throughout the subdivision appears to be adequate for fire apparatus.
The proposal indicates that water for fire protection will be supplied from a 120,000 gallon storage
tank with fire hydrants supplied from 6 inch water mains. I have some concern whether the end
hydrant can provide the 1000 g.p.m. fire flow indicated in the proposal. I noted that the end hydrant
is supplied from approximately 2800 feet of dead end water main. The system is aided by the drop
in elevation through the subdivision. I am unable to determine the total elevation drop from the tank
since it is not indicated on the plans.
As indicated previously during the sketch plan review, the developer will be required to enter into a
contract with the District for the payment of development impact fees in the amount of $235.00 per
lot, for a total of $3,055.00 as approved by the Garfield County Commissioners. This payment is
due prior to the recording of the final plat.
Please contact me if you have any questions.
Bill Gavette
Fire Marshal
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone (303) 866-2611
FAX (303) 866-2461
March 28, 1996
Mr. Eric McAfferty
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
•
STATE OF C
>3
GA -96-0011
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
James S. Lochhead
Executive Director
Michael B. Long
Division Director
Vicki Cowart
State Geologist
and Director
Re: Proposed Levitt Subdivision (Preliminary Plan), Nr. El Jebel and East of the Garfield
County -Eagle County Boundary, Garfield County
Dear Mr. McAfferty:
At your request and in accordance with S.B. 35 (1972), we have reviewed the materials
submitted for and made a field inspection of the site of the proposed residential subdivision
indicated above. Some of our conclusions are based on observations made in nearby
developing subdivisions where geologic conditions are similar to this one. The following
comments summarize our findings.
(1) The analysis and discussion of the surficial and bedrock geology, geologic conditions, and
geotechnical (engineering -geology) concerns about development of this parcel as planned
are thoroughly and well discussed in the submitted report by Hepworth-Pawlak
Geotechnical, Inc., Glenwood Springs. I will not repeat any of the details of their discussions
here.
(2) The most important constraint on construction on these lots is that all of the steeper
slopes are either underlain by landslide deposits and or colluvium subject to landsliding.
These places should be completely avoided as building sites. Moreover care should be taken
to not direct surface and subsurface drainage into or onto these slopes. This includes
discharges from the septic sewage -disposal systems which are planned to be used for all of
these lots. This means that both houses and septic systems should be well set back from the
break in slope between the higher and lower parts of all of the lots. We concur with the 25
ft recomended by Hepworth-Pawlak. The engineer(s) designing the foundations and septic
systems should take this into account in their designs. The sizes of the proposed lots are
adequate to do this if the building envelopes shown on the plans are adhered to.
(3) Our only other serious concern is that the Eagle Valley Evaporite Formation, which
underlies the basalt, could have natural voids in it caused by dissolution of gypsum or be
•
Mr. Eric McAfferty
March 28, 1996
Page 2
subject to dissolution in the future. In either case, collapse of such voids could result in
ground failure by formation of sink holes even where the Eagle Valley is covered by basalt.
For this reason, we recommend that each building site be drilled and/or investigated by a
shallow geophysical survey, such as shallow seismic, by a qualified geotechnical engineer to
characterize the Eagle Valley (beneath the basalt). We admit that this is a conservative
approach but it may provide inexpensive "insurance" against ground failures relative to the
values of both houses and the lots themselves.
If the recommendations made above are followed and made condition of approval of this
subdivision proposal, then we have no geology -related to your approval of it.
Sincerely,
dames M. Soule
Engineering Geologist
•
GARFIELD COUNTY
Building and Planning
MEMORANDUM
TO: Preliminary Plan Review Agencies
C
FROM: Eric McCafferty, arfield County Planning Department
RE: Levitt Subdivision Preliminary Plan
DATE: 2/23/96
Please review the enclosed information regarding the Levitt Subdivision located approximately one-
half (1/2) mile east of Eagle County in Missouri Heights, Garfield County, Colorado. If you have
comments or concerns that you would like included in the staff report presented to the Garfield
County Planning Commission at their hearing on April 10, 1996, please submit them to:
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Please submit your comments no later than March 31, 1996, so they may be included. As always,
your comments are sincerely appreciated.
NO COMMENTS
109 8th Street, Suite 303
irm-
til 4� s r9L
WQCD - FIELD SERVICES
& MONITORING SECT44ICN
945-8212/285-7972 Glenwood Springs, Colorado 81601
•
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
March 18, 1996
Mr. Eric McCafferty
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
•
MAR 2 2 1996
GARFIELD ri
1876
Roy Romer
Governor
James 5. Lochhead
Executive Director
Hal D. Simpson
State Engineer
RE: Levitt Subdivision - Preliminary Plan
SW 1/4 of Sec. 28, & SE 1/4 of Sec. 29, Twp. 7 S, Rng. 87 W, 6th P.M.
Water Division 5, Water District 38
Dear Mr. McCafferty:
We are in receipt of your subdivision referral to subdivide approximately 80 acres into 13
lots, located on Missouri Heights east of El Jebel, Colorado. The subdivision will include 13
single family residences and a guest or caretaker house with 3,000 square feet of lawn and
gardens at each residence. Also included will be 12 livestock units in the water service plan and
up to 1/2 acre of irrigated open space. The proposed water supply will be from two common
wells and a storage tank. The applicant states that Basalt Water Conservancy District (District)
contracts will be acquired for the proposed wells, indicating that the wells would be operated
pursuant to the District's Substitute Water Supply Plan that was approved by the State Engineer
on December 26, 1995.
The ground water in the subject area is tributary to the Roaring Fork River and Colorado
River Systems, which are over -appropriated. In general, issuance of new or expanded use
permits would cause material injury to senior water rights unless the applicant obtains approval
of a plan to remedy the injury. The District has a valid substitute water supply plan for contracted
wells which provides replacement water to prevent injury to decreed water rights.
Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is unlikely that the proposed water supply
will cause injury to decreed water rights. We recommend that this development not receive
approval from the county and Tots not be sold until the developer has District contracts for the
proposed wells and has obtained valid permits for the proposed uses.
A report dated February 13, 1996 from Zancanella and Associates, states that the
subdivision will divert on the average 16.57 acre-feet of water annually with an average pumping
rate of 10.27 gpm or a peak pumping rate of 17.4 gpm during July. The report further states that
the existing wells in this area produce at varying rates from 7.5 gpm to 30 gpm. With sufficient
storage capacity, it appears that the wells can supply adequately the proposed uses. Please
• •
Mr. Eric McCafferty Page 2
March 18, 1996
note that the long term adequacy of any ground water source may be subject to fluctuations due
to hydrological and climatic trends.
If you have any questions regarding this matter, please feel free to contact Mr. Kris Murthy
of this office or Mr. Orlyn Bell of our Division office in Glenwood Springs at 945-5665.
Sincerely,
Steve Lautenschlager
Assistant State Engineer
SPL/KM/km
cc: Orlyn Bell, Division Engineer
Joe L. Bergquist, Water Commissioner
Ievitt.sub
GARFIELD COUNTY
Building and Planning
February 23, 2996
Mr. Ron Liston
Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO 81601
RE: Preliminary Plan Hearing for Levitt Subdivision
Dear Ron,
Your client's application for the Preliminary Plan for Levitt Subdivision, has been scheduled for a public hearing before
the Garfield County Planning Commission at their April 10, 1996, meeting. This meeting will be held at 7:00 p.m. in
the Commissioners Meeting Room, Suite 301, Garfield County Courthouse. It is suggested that you be in attendance
to answer any questions that the Commission may have.
In order to fulfill the public notice requirements for the hearing, copies of the enclosed public notice form need to be
mailed by certified return -receipt to all property owners adjacent to or within 200 feet of your client's property, at least
15, but not more than 30 days prior to the hearing. In addition, the notice needs to be mailed certified return -receipt to
owners of mineral rights, or lessees or mineral owners of record of the land proposed for subdivision, no less than 15
days, but not more than 30 days, prior to the hearing. The receipts from these mailings need to be presented at the time
of the hearing or submitted to the Planning Department prior to the hearing. The public notice should be published one
time in a newspaper of general circulation, at least 15 days, but not more than 30 days prior to the hearing with the proof
of publication to be submitted to the Planning Department. The day of your scheduled hearing does not constitute as a
day of public notice. It is your responsibility to submit the notice of publication to a newspaper of general circulation
in compliance with noticing requirements. Please review all enclosures to verify their accuracy.
The Subdivision site must also be posted with the enclosed notice poster, in accordance with Section 4:21, at least 15
days, but not more than 30 days prior to the hearing.
If you have further questions or concerns regarding the public hearing or public notice, please contact this office.
Sincerely
Eric D. McCafferty
Garfield County Planner
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• 1
PUBLIC NOTICE
TAKE NOTICE that THOMAS & MOLLY LEVITT have applied to the Garfield County Planning
Commission, Garfield County, State of Colorado, to grant a Preliminary Plan approval for the
LEVITT SUBDIVISION in connection with the following described property situated in the County
of Garfield, State of Colorado; to -wit:
Legal Description: See Exhibit A
Practical Description: Located approximately one-half (1/2) mile west of the Eagle County line in
Missouri Heights, in southeastern Garfield County, Colorado.
Said Preliminary Plan is to allow the Petitioner to subdivide the following: A 79.455 acre tract into
13 residential lots ranging in size from 4.0 to 9.1 acres each in size, more or less, on the above
described property.
All persons affected by the proposed Subdivision are invited to appear and state their views, protests
or objections. If you cannot appear personally at such hearing, then you are urged to state your views
by letter particularly if you have objections to such Preliminary Plan as the Planning Commission will
give consideration to the comments of surrounding property owners and others affected in deciding
whether to grant or deny the request for Preliminary Plan. This Preliminary Plan application may be
reviewed at the office of the Planning Department located at Garfield County Courthouse, 109 8th
Street, Suite 303, Glenwood Springs, Colorado, between the hours of 9:00 a.m. to 12:00 p.m. and
1:00 p.m. to 4:00 p.m., Monday through Friday.
That public hearing on the application for the above Preliminary Plan has been set for the 10th day
of April, 1996, at the hour of 7:00 p.m., at the Garfield County Courthouse, Suite 301, 109 8th
Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
487787 B-964 1'-:141 01 / 11{ P.48 !)'! l if' 1(i 7 01 1 i
EXHIBIT A
PEAK PROMKP 1Y
A trnct of land situated 1 0111/4C11/4 of Section A. Ton •hip. 7 Sou' h.
Range 87 Most Of the 6th Pr/newel Met'idian. Garfield Cour y. OOiors"o
f.
b.tng bre particularly destribad se follows:
beginning at a stone fa•nd le place for the Meet 1/4 0Orrer of. said
Section 2": :hence South 81'01'37' E..c 1217.21 feet. thence Routh
t
03'23'54'Sct Meet ; t3.nc feet: to saidcenterline on acenterline
course bearing North
41.4 Sect: on J1; thence *long North 15.6S feet to an existing
19.c 11 1• Ment for w f! tent: :six ( s1 said fence line:
f,nceline: thence the fellowing six leixl courses along
1) North 89' 00'00' asst 246.00 feet:
2' South If" 60'00' wet 14.71 feet:
South 81' 41.00• wet 71.62 feet:
• North 89. 21'00' Meet 220.00 [sec:
South 88' 41'00' Meet 162.00 feel:
6 North $9• 30'92' Mess 409.31 fee' )co tEast 1373.31 boundary ynli a of
.akd Section 21: thence north 04.54 '
Me'telly boundary line to the P".MT if 6LG:.'111L`1G.
LXCL T any portio d.rcribed in deeds recorded May 9, 1114 in book 901
at P g. 701 and in book 901 et Pea. 708: and, excelt any portion thereof
deecribed in deed recorded Dwced:er 26, 1'"5 as Doc -taint Po. 406915 at look
962, Page 278.
OIJ1TY OT GATTTLLD, S7 kTt OT COLORADO
•
.1
M1
•
1P777 P-`a(J
EXHIBIT II
[xritt TNS r
w
Parcel l
V1/2 S'N1/4
SA'1/4 5111/4, Tim N1/Z SE1/4 Sift/1,
11�sovT RANGE
A PARCEL Of LAND SITS IN TEE CION 28, i0g
AEI/4 5M1/4, AND IN i85 N1/1/1 3111/4 07 IF.� STATE IP COLORADO; SAID
87 /4 , THE PRINCIPAL vsIDIAN . COUNTY Of GARl"
d7 WEST or THE SUM DESCRIBED AS �,LDl�tS.
PARCEL BEING )(ORE f AR: I r DES yVBYCI.R' S BRASS SAID SECTION 28. A ari D COL�1t1' 1 ZR 997.11
CORNER
SOUTHERLY L� �' SECTION BEG CAP POUND
AT THE E; ar aacrr>Rrr� �
PE PY70N�% IN PLACE; THEY 8q'4 C IT' LS t S 580, VIE Til liPP---- ALONG SAID
P. 08 ,1TO A REE A3 1 GAF IN PLACE'' IV PENCSLIFE: T X. 89'58' 19 E. ALO. G
• � E. 1896.32 FEET TV AN SAID 2'� Z419t. d'0 MET '
K. 08 EI E IXC S.88'S1'4111. A AS IN RECEPTION 1Y1?.
NoR-ra y NE 96.34 'ELT: BIisT:NG 60 FOOT R� EASEWIT . IS. 3G EW TI7 EC PTs` sT
394053 E GARLINE AN C171T135; DIEN S.O0'00'00
1940d? QY TEE GARPrELD COUNTY RE g,d9'43`38"1=• 24.99' FEET :17 THE 3g01'Ri/ES;
ND ALLLVINDN CAP Z8. 9 0 8T E2S80; (ES
CENTERL INE OF THE SXl/4 OF SECTION ZB t fly ROAR ! CAP IN ; Ur
SIV �L� OP SECTION 28, A 89045 '8-! CAP TN �• LS t 22580.; TEEN
(z1:YTINI7ING ALONG SAID
I1� S. d9'4S'18"E. 1084.'8 FEET 1t7 A
r8 �' TO A LINE � SAW reel/4 S1IIlt OF SECTION
S. s x45'0. ; MN N. OI 'S1 's4 'S. 4ss. CT ION
S. 89' 1 ' 38 "5. 250.00 PEEP TO A. L5' t ON 22580;
51 TEEN .01'51 ' 5.4- X. =NG In NORTH
-MITE' ! CAP IN PLACE. LSWa srYT CORNER TffEOf SEC: I aY
48. A �LE-AR c 1, Zd PCLEEI'): WEI S. 80•45.09"E.
st mE•
SMITE 281Y7E"-L ICE OP SE ? AM) C.A.28 4LS $ 217 S37'10'03'E.
r 10 03'E. 0 BEING A 09
28 . 05 A NEW? AM) CAP. ANTI IN PLACE. ALSO INE OF A ROAD A5 CONSTRUCT CENTERLINE THE POL..IJXING NINE (91
REE AR
105. OS PE_``T TO Ls C 221 ER 2550 : T?M� CONTINUING ALM: SAID
1 C1.P IN PLACE. L5
COUR
cE5:
1) S. 01'1 4`32"S. 280.58 PE*'T
2)
9.02-9,1'43-Y. 115.18 PEET.
'29'22"h'. 148.53 PEET.;
3).5.00 z
4) 8.01'44'39"..c . 1„1.99 PEE?:
5) S•O4°28'45"S. 106.53 PEET: E TO TEE L !CA VINO A RADIUS OF 147.`..00 !r•
6) I00- 07 PTRT AAhro
-01 ARC Of ' 14'CORD BEARS 5.06'25 ' "E 100.06 FF -ET) ;
4 CENTRAL A1JGL ` Of 01 '53
7) S.08"221'59"5. 6'x.98 PEEi:
d1 95.23 FEET ALCSG TH3 ARC Of A MIME TO 2ffs RIGHT. HAVING A RADIUS a?'i2a.8a FEET. A
S -='Da'34'X. 91.01 PliST)%5.89'4J'2a'X.
2r7 AL ANGLE 07 43'01'06' (CHORD s 08 s assn.: T
1 CLP LN y 9 01'SZ'46'5. 529.19 FEET TD A
91 5.38 ':2'03'X. t I AP I TO A R tx 8 22$80. ; av 4
30.74 & AA REAR ! CAP PUKE.
110.00P5hTTOAPO
� 8 X90: igE-�f 5.89'58'09-Y.
.IIl PLACE. l5 t ZZS80: �N
N0 A CAP iNPL.. -SCP
A POI." a.Y ;138 EAST -VEST Ch'�c.L::VE
NORTr'06'1 cE.'VT SANE CENTERLINE 49SA ID .20 PEST TO PO T l iso: Mei S_dMarr S'Y-
OP TEE6'E9"5. ALCNG ! cAP IN P c5-1+.
0P TEE 5E2/4 5u1/4 0P 5EC7IOY 28. A REBAR YOR7E-SOD7B .TNE Of THE
�,� 135-3.02 PET ro A POINT ON 7SE ' Y S. 01'23'54-11. TEE SAID
ALONG SAID 28. 4 - E R 1 GAP IN PUC`. GS t 22590: 78E.Y SO 227 28 AND 33. D
OF SEC'IOV ZB. A FE WEST SISTEz`,TI.L' GU• CII
QNB SOL7TiE'L :' LINE
:NE 686.91 prs; 1b TEECE. EI S.89.40':7 -Y. ALONG 7'8.r
NEBAE L c 1 22580; Tt
0? 5ER .F 0L " 5. 3 : y .-:- POINT OF ATG/ NN ry(7: SAID PARCLZ CONTAINING 17 44 '
OP SEc:I%CtN �9. 3iS. c4 ?T=;' 70 �..... `Rl�---'--
AC?E_`. vpFr 31? _c:!
PEW
t0787 1A -9l;1 P-393 1 IN/ 'IC ,11 11!' ; 9 ri1 1:4
Levitt Trust Property
NIP
/.• of Section 28. Township A parcel of land being all that portion of the medianSE'/'n Westerly of th�.ceti centerline of r;
South, Range 87 West of the Sixth Principal Men lying
Harmony Lane as constructed and in place. County of Garfield, State of Colorado: said
parcel being more particularly described as follows:
Ca
mmencine at the West Quarter corner of said Section 28: thence SII85°09'47-
E.
p°09'4T
E. 2594.55 feet to the center Quarte" Corner of said
ection rne 28,
the of said Section 28 66_=6
f
beginning: thence S. 89°09'12" E. Along the East -
et to a int on the centerline of Harmony Lane; thence leaving said East-West
feet P°
centerline the folio%ing seven (7) courses along said centerline:
1 S. 00°00.07" E. 21.26 feet
S. 02°09'06" W. 160.05 feet
3 S. 0015'03" E. 220.84 feet
4 S. 02°11'59" W. 187.62 feet
S. 0034-2S' W. 558.4S feet
6. S. 02°28'40" E. 91.04 feet
7. S. 06°19'45" E. 119.31 feet to a point 89�4i` southerly
t Wri�ong said
ine
of said N '.'SE .14: thence leaving said centerline
southerly line 111.02 feet to the South -center Sixteenth��/� f saidE1/4 Section 9
thence V. 01°51'54" E. Along the Westerly line of said d acres, more or less.
et to
the true point of beginning: said parcel containing
EXCEPT that portion of the above described property described as follows:
AP arccl of land being all that portion of the P nSci�� Men Lan tying
of Section 2.8.
Township 7 South. Range 87 West of the Sixth constructed and in P lace.
Westerly of the interline of Harmony Lane, aril being more particularly of Garfield. State of Colorado, said p
described as foilaws:
Commencinz at the West Quarter Comer of said Section 28: thence S. 89°09'47 E.
2.594.58 feet to the cooter Quarter Corner of said esSection nteline of said1e 5c�on 28
int of
bcQinnin¢: thence S. 89°09'12_" E. along the Eur Lane: thence leaving said East -
66 :6 feet to a point on the centerline � Harmony
c� alongs �said centerline:
West centerline the following five (5)
I. S. 00°000? E 21.26 feet:
S. 02°09.06" W. 160.05 feet
3. S. 0035'03" E 220.84 feet:
t S. 02°11'59" W. 187.62 feet:
c. S D0'34•25" W. 332_29 feet: thence leaving said centerline N. 39°45'`;
W. 32.01 feet to a point on the westerly line of said'tW1/4SE''*: thence
N. 01"1'54" E• along the westerly line of said NW'/SE.:922.91 feet
to the true pc".nt of beginning: said parcel containing 1.f57 acres. more
4R77R7 t3-964 I'-39.1 (f 1 /1 fkp)f; n3: 111` IG 1() 01 1:1
Nye!3
Levitt T Pro ttY
SW+/. of Section 28, Township 7 South.p Parcel of land situated in the � •,� "County of Garfield, State of
Range 87 West of the Sixth Principal M�� d �.� as folla'�+x
Colorado. said parcel being 1�
Commencing at the West Center Sixteenth
corner ofo
said Section
c on ng the North-
South centerline of the SW
#14111; then S. 03'7314' W. 1252.96
and cap, PLS to the trite point f beginning:
then 5.89'35'38" E. 1081.15 feet, h/� (then Section 1.54. W. 120.74t to t0 the fit'
a mbar and cap, PLS #T2580:West centerline of the SW'/• of Section said East-West centerline to the
then Y. 89'45'38" W. 10$435 feet along
Southwest Sixteenth corner of a tebar and cap PLS #22580: then
� 28, North-South the centerline of the SW'/• of
SectionN.
8. E. 120.8 a feet t of alonbeginning, said parcel containing 3.00 acres.
�. to the tru P°
more or less.
eriNIM
ti
4R77R7 11-964 ('-3I 0l/1f;/-4..; 03:IIP R.; 11 OF 13
L y tt Trost motes
A parcel ofland situated in the MW1/4SW1/4
of Section 28 Township 7 South, Range 87 West
of the Sixth Principal Merichan, Cly of Gated State of Colorado; said parcel being more
particularly described u follows:
Commencing at the West quarter corner of said Section 28; thence S. 41'0913" E. 1846.96
feet to the Southeasterly cornier of that property
described in Reception No. 47355.1 of the
Garfield County Clerk and Recorder's Office, the True Point °of55 in 99 the ence
N.
89'45'38" W. along the southerly line of taid Reception No.
continuingalong said Soul. • 4,• lire N. 0O"00'OO" E. 15.65 feet thence leaving said Southerly
line S. 89'00''00" E 29.90 feet to ii point on the Easterlyfine of said Reception No. 473551;
beginning; said
thence S. 03.23'54" W. along said Easterly line 15.28 feet to the true point
parcel containing 0.010 acres, more or less.
481787 8-964 P-396 01/18/96 03:11P PG 12 OF 13
EXHIBIT 8
Thomas VY._ 1.1 la't"oPgPt
th
A parcel of land situated in the SW'/.SW'/ti the NW / S o tide S ioixthn cip28, and
in ne
5E1/48E1/4 of Section 29. Township 7 South. Range 87 West
Cotinty of Garfield. State of Colorado, said parcel being more particularly described as
follows:
Beginning at the Southeast corner of said Seectioon29. a (I a eId dierly line of a souaid Surveyor's
u Section 290 714 brass feet
foud in place: then S. 89°55'37" W. along
the then N. 51°26'57' E. 980.26 feet to a point on the E.ts�mmoa o said Section
� and•29ethen
04°54'00" E. 777.70 feet to the South sixteenth corner
N. 04°54'00" E. along said Easterly line 11.48 feet to an existing fenceline; then the following
four (4) courses along said existing fenceline:
1) S. 89°43'21" E. 489.10 feet,,
2) N. 88'56'31" E. 162.00 feet;
3) S. 89°13'29" E. 230.00 feet;
4) N. 39'55'31" E. 78.62 feet: $-W3e' " W. l396.62 linc 997fcet to a 11 feet olnt on the
the point
Southerly line of Section 28: then S. 89 40 17" along said
of beginning: said parcel containing 36.400 acres. more et less.
Arm.
w
•
487787 E3-4164 P-397 01/18/1:W G:: 1 1 P Prt 13 (4 13
F.Xfi1BIT B
Melly r l,erltt
Altdi
pParc et of land consisting of the SE1/4SE1/4 of Section Townshdip 7 Soi th, Colorado,
Range 87
West of the Sixth Principal Meridian, County of
EXCEPTING -n-IEREFROM a parcel of land described as follows: -
Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap
foUnd
and in lace thence S. $4°55'3T W. along the Southerly linene of said Section 293thtncx.
fo plact
N. 51•26.5r E. 980.26 feet to a point on the Easterly
S. 04°54'00" W. 612.23 feet to the point of beginning.
•
TAKE NOTICE
That 7-140friAS r %4/01-01 L6ti/ll�r
hiCapplied to the
C. ASEL� Cot4t-s-v( Cmm(ssio,)iZFPLAthviNG
Garfield, County
pursuant to
E T
,o rJ : 2-1; G(IAA/Q-(1(
S/orJ �1GG441..147'/60 S
to allow :
-The Sw-gmvisioN1 It=4FA
� n ro 13 ?AgedE c i o f
E A 4 /n)
on this prope y.
79.G A7i-
L/.O
T9./ 144,12CS
O1? L € -ss,
public ublic GA1i,6- on this application
1 be hval.ci in the C_.ottitiIssrori rCs /1 '7'itiG
/ 00w\ ,K00.41 � D 1, t� WI. t? C,clbI�tAs(
Glenwood Springs, Colorado
on
( date)
at
(time)
A?I 101 1996
Date Notice Was Posted :
By:
For additional information, contact the
C_DLANTY 21-4/4/4 ttv 6 CFT;
at qts - 'b2r Z
Suite 503
or C.Aui KTkf S
, 109 8th St.
Glenwood Springs, CO 81601
• 1
GARFIELD COUNTY
Building and Planning
MEMORANDUM
TO: Preliminary Plan Review Agencies
FROM: Eric McCafferty, arfield County Planning Department
RE: Levitt Subdivision Preliminary Plan
DATE: 2/23/96
Please review the enclosed information regarding the Levitt Subdivision located approximately one-
half (1/2) mile east of Eagle County in Missouri Heights, Garfield County, Colorado. If you have
comments or concerns that you would like included in the staff report presented to the Garfield
County Planning Commission at their hearing on April 10, 1996, please submit them to:
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Please submit your comments no later than March 31, 1996, so they may be included. As always,
your comments are sincerely appreciated.
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
GARFIELD COUNTY
Building and Planning
MEMORANDUM
TO: COLORADO GEOLOGICAL SURVEY
11
FROM: Eric McCafferty, Garfield County Planning Department
DATE: February 23, 1996
RE: Levitt Subdivision Preliminary Plan
Enclosed is a copy of the Preliminary Plan submitted for the LEVITT SUBDIVISION. This
application will be reviewed at a public hearing on April 10, 1996, by the Garfield County Planning
Commission. In order to include your comments in the staff packet to the Planning Commission, I
need your comments by March 31, 1996, so that the Planning Commission has an opportunity to
review them. Also enclosed is a check for $595.00 for the review.
As usual, we appreciate your help. Please feel free to give me a call if you have any questions.
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
box : /C%7C/ROFI . . w c . net&lumbe r= mailbox : /CV/ (VIZOR." . . . 9 . w lc .ne
Subject: Levitt Preliminary plan revie.,,.7
Date: Tue, 5 Mar 1096 17:18:31 -0700
From: &mats on(a)wic.net (Dwain Watson)
Reply -To: dwatson@wic.net
To: garcopinPinfosphere.corn
Mark:
My previous E-mail said "no comment." It would be more correct: for me
to say that we did not note any violations or descrepancies with state
guidelines regarding ISOS or drinking water. A project of five or more
acres total area will need a stoumwater construction permit..
Regards,
Watson
PRELIMINARY PLAN REVIEW AGENCIES
(SKETCH/PRELIMINARY REVIEW)
Mt. Sopris Soil Conservation District
Box 1302
Glenwood Springs, CO 81602
2. Bookcliff Soil Conservation District
Box 1302
Glenwood Springs, CO 81602
3. City of Rifle
Box 1908
Rifle, CO 81650
4. Town of Basalt
P.O. Box Q
Basalt, CO 81621
5. Town of Carbondale
76 South Second
Carbondale, CO 81623
6. City of Glenwood Springs
806 Cooper Avenue
Glenwood Springs, CO 81601
7. Town of New Castle
P.O. Box 90
New Castle, CO 81647
8. Town of Silt
Box 70
Silt, CO 81652
9. Town of Parachute
Box 100
Parachute, CO 81635
10. Town of DeBeque
Box 60
DeBeque, CO 81630
11. Carbondale Fire District
300 Meadowood
Carbondale, CO 81623
12. Glenwood Fire Department
806 Cooper Avenue
Glenwood Springs, CO 81601
13. Glenwood Springs Rural Fire
Protection District
0090 Mel Rey Road
Glenwood Springs, CO 81601
14. New Castle Fire Department
Box 90
New Castle, CO 81647
15. Silt Fire Department
Box 70
Silt, CO 81652
16. Rifle Fire Department
P.O. Box 1133
Rifle, CO 81650
17. Parachute Fire Department
Box 295
Parachute, CO 81635
1RE-1 School District
�- P.O. Box 820
Glenwood Springs, CO 81602
19. RE -2 School District
839 Whiteriver Avenue
Rifle, CO 81650
20. School District 16
Box 68
Parachute, CO 81635
Garfield CO. Road & Bridge
P.O. Box 2254
Glenwood Springs, CO 81602
Garfield County Attorney
Colorado Department of Health
222 South 6th, Room 232
Grand Junction, CO 81501
Colorado Division of Water Resources
1313 Sherman, Suite 818
Denver, CO 80203
25. Colorado Geological Survey
1313 Sherman Street
Denver, CO 80203
Colorado State Forest Service
222 S. 6th Street, Room 416
Grand Junction, CO 81501
27. Colorado Department of Transportation
606 S. 9th St.
Grand Junction, CO 81501
28. Colorado Mined Land Reclamation Board
1313 Sherman Street
Denver, CO 80203
29. Colorado Water Conservancy Board
1313 Sherman Street
Denver, CO 80203
Colorado Division of Wildlife
50633 Highway 6 & 24
Glenwood Springs, CO 81601
31. Battlement Mesa Water & Sanitation
Box 6116
Battlement Mesa, CO 81635
32. Spring Valley Sanitation
Box 1506
Glenwood Springs, CO 81602
33. West Glenwood Sanitation District
Box 866
Glenwood Springs, CO 81602
34. West Glenwood Water District
Box 983
Glenwood Springs, CO 81602
Holy Cross Electric
P.O. Drawer 2150
Glenwood Springs, CO 81602
36. Public Service Company
1995 Howard Avenue
Rifle, CO 81652
37. Western Slope Gas Company
ATTN: Right -of -Way Section
Box 840
Denver, CO 80201
U.S. West Communications
118 W. 6th, #203
Glenwood Springs, CO 81602
39. Rocky Mountain Natural Gas
P.O. Box 340
Glenwood Springs, CO 81602
40. Mesa County
P.O. Box 20,000
Grand Junction, CO 81502
Eagle County Planning Department
Box 179
Eagle, CO 81631
42. Rio Blanco County
P.O. Box 599
Meeker, CO 81641
43. Pitkin County
130 South Galena
Aspen, CO 81611
Bureau of Land Management
Box 1009
Glenwood Springs, CO 81602
45. TCI Cablevision of Colorado Inc
1605 Grand Avenue
Glenwood Springs, CO 81601
46. Carbondale Sanitation District
76 South Second
Carbondale, CO 81623
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
Z4NCaNELL4 4140 4550CI4TES, INC.
ENGINEERING CONSULT4NTS
February 13, 1996
Mr. Mark Bean
Garfield County Planning and Zoning Commission
109 Eighth Street
Glenwood Springs, CO 81601
Dear Mark:
ircr. (970) 945-5700
Rtqlei (970) 945-1253 Fax
Tom Levitt has retained the services of Zancanella and Associates, Inc. to drill and test the water
supply for the proposed Levitt Subdivision. The test drilling program is scheduled to commence
on Wednesday, February 14, 1996. In addition, we will be performing a 24 hour pump test and
collecting water samples for quality analysis at an independent laboratory. Water quality tests
will be performed based on Colorado Department Health community water supply requirements.
Enclosed is a draft application for a Basalt Water Conservancy District contract. Also included is
our estimates of the water requirement to support the development of an augmentation plan to
provide a "legal" water supply to the Levitt Subdivision. We anticipate receiving approval from
the Basalt Board for the water contract prior to the B.O.C. hearing with regard to the Levitt
Subdivision in March.
The Levitt Subdivision, is proposed to be located on Missouri Heights east of El Jebel, Colorado.
The Levitt Subdivision will include 13 single family residences and a guest or caretaker house
with 3,000 ft2 of lawn and gardens. The Subdivision is located within area A of the Basalt District
and will be eligible for the Basalt District temporary exchange plan approved by Garfield County
and the Colorado Division of Water Resources, until such time as the augmentation plan moves
through water court.
We have estimated that these 13 single family residences and caretaker units will each be
occupied by 3.5 people using 100 gallons of water per person per day. Water will be diverted to
irrigate up to 3,000 ft2 of lawn at each residence. We have also included 12 livestock units in the
water service plan and up to % acre of irrigated open space. Table 1 presents the diversions
and consumptive use for the Levitt Subdivision.
As can be seen from Table 1 the subdivision will divert on the average 16.57 AF or 10.27 gpm
and consumptively use 6.03 AF or 3.739 gpm. The peak month of July would require a
continuous diversion of 17.4 gpm.
•
If you have any questions, please call our Glenwood Springs office at 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
Thomas A. Zancanella, P.E.
President
cc: Tom Levitt
Ron Liston
TAZ/maz/95231. garcoltr
ZANCANELLA & ASSOCIATES
LEVITT SUBDIVISION
DATE: 2/24/95
Diversion
Domestic Commercial Lawn Open Space
In-house or Other Irrigation Irrigation
(1) (2) (3)
January 0.87 0.00 0.00
Febuary 0.78 0.00 0.00
March 0.87 0.00 0.00
April 0.84 0.00 0.09
May 0.87 0.00 0.92
June 0.84 0.00 1.19
July 0.87 0.00 1.11
August 0.87 0.00 0.71
September 0.84 0.00 0.61
October 0.87 0.00 0.17
November 0.84 0.00 0.00
December 0.87 0.00 0.00
Annual 10.23 0.00 4.80
(1)#ofEQR's
# persons/residence
# gallons/person/day
(2) # of EQ R's
(3) Sq. Ft of Lawn Irrigation/Unit
Total Lawn Application (ac)
(4) Acres of Irrigated Open Space
Open Space Application (af/ac)
(5) # of livestock units in subdivision
gallons per unit per day
(4)
0.00
0.00
0.00
0.02
0.26
0.33
0.31
0.20
0.17
0.05
0.00
1.34
TABLE 1
(values in acre feet)
Livestock
(5)
0.017
0.015
0.017
0.017
0.017
0.017
0.017
0.017
0.017
0.017
0.017
0.017
0.20
26.00
3.50
100.00
0.00
3000.00
1.79
0.50
2.67
12.00
15.00
Consumptive Use
Domestic Commercial Lawn Open Space
TOTAL In-house or Other Irrigation Irrigation Livestock TOTAL
(6) (7) (8) (9) (10) (11) (12)
0.89 0.131 0.00 0.00 0.00 0.017 0.15
0.80 0.117 0.00 0.00 0.00 0.015 0.13
0.89 0.131 0.00 0.00 0.00 0.017 0.15
0.97 0.126 0.00 0.06 0.02 0.017 0.22
2.07 0.131 0.00 0.64 0.18 0.017 0.97
2.38 0.126 0.00 0.83 0.23 0.017 1.20
2.31 0.131 0.00 0.78 0.22 0.017 1.15
1.80 0.131 0.00 0.50 0.14 0.017 0.79
1.64 0.126 0.00 0.42 0.12 0.017 0.68
1.11 0.131 0.00 0.12 0.03 0.017 0.30
0.86 0.126 0.00 0.00 0.00 0.017 0.14
0.89 0.131 0.00 0.00 0.00 0.017 0.15
16.57 1.535 0.00 3.35 0.94 0.20 6.03
(7) % CU for Domestic
(8) % CU for Commercial
(9) % Lawn Irrigation Efficiency
Annual Irrigation CU (af/ac)
Elevation (ft)
(10) % Open Space Irrigation Efficiency
Annual Irrigation CU (af/ac)
Elevation (ft)
15.00
0.00
70.00
1.87
7000.00
70.00
1.87
7000.00
(11) % CU for liverstock 100.00
APPLICATION FOR WATER ALLOTMENT CONTRACT
BASALT WATER CONSERVANCY DISTRICT
1. Applicant's Name(s):
Thomas Levitt
Address: P.O. Box 414740
Kansas City, Missouri 64141
Telephone Number: ( 816) 474-2244
2. Type of land use (development) proposed for water allotment contract: (i.e. single
family home, subdivision, gravel pit, etc.)
See Attached
3. Legal description of property on which District's water rights and/or Ruedi Reservoir
contract water shall be used; Quarter Quarter, Section, Township, Range (attach
map) *:
4. Elevation zone of property 6-7,000 ft. 7-8,000 ft. 8-9,000 ft.
5. Name and legal description of water supply diversion point(s); include Quarter Quarter,
Section, Township, Range, bearing and distance from nearby Section corner. (Identify
if well, spring, pipeline, etc.) If diversion point is a well, please provide the State Permit
No.
6. Has Applicant applied with the Water Court for water rights, change of water rights
and/or a water right plan for augmentation? yes no; If yes, what is the
Water Court Case No.
7. Proposed waste water treatment system: (please check)
Tap to central waste water treatment facility
Septic tank/leachfield system
Evapotranspiration system
Other:
8. Proposed use of water: (please check)
Domestic/Municipal (single family home(s),duplex(s),condominium(s),
mobile home(s), apartment, hotel). Please complete page two of this
application.
Commercial (office, warehouse, restaurant, bar, retail). Please complete
page three of this application.
Industrial (gravel pit, manufacturing). Please complete page three of this
application.
Agricultural (crop irrigation, stock watering). Please complete page four
of this application.
Date on which the county or other applicable governmental entities approved the land use for
which you seek legal water service: . (Note: Copy of the Resolution or other
documentation evidencing such approval should be submitted with application.
The undersigned acknowledges receipt of the District's form Water Allotment contract and
agrees that this Application is made pursuant to the term and conditions thereof.
Signature
Date