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HomeMy WebLinkAbout03.04 Binder 2 - Appendix E• Spring Valley Holdings, LLC. October 9, 2007 Ms. Lois Veltus 6651 County Road 115 Glenwood Springs, Co 81601 Re: Access to your property Dear Lois: In my prior letter to you of March 2007 we offered to provide access to your property through the private roads of the Spring Valley Ranch project, subject to certain conditions regarding the future development and improvement of your property. In our subsequent conversations you told me that you preferred to defer your decision regarding access until the Spring Valley Ranch plan is further refined. On September 12, 2007 the Planning and Zoning Commission unanimously voted to • recommend approval of the Spring Valley Ranch applications to the Board of County Commissioners with a condition that we negotiate with you in good faith about access to your property. We anticipate that our first hearing before the County Commissioners will take place on November 13, 2007. In anticipation of that hearing I am confirming that your continued wish is to defer finalizing an access agreement. I also want you to know that while my previous offer has expired, we are ready to discuss your access options when you are prepared to do so. You only need to let me know. • If I have misstated our discussions in any way, please tell me as soon as possible. If I do not hear from you, I will continue to assume that the status quo is acceptable to you. Best regards, +1111r Tom ra .400o -County hone 11:5 - 'Glenwood Springs - Colorado • • • Spring Valley Holdings, LLC, March 13, 2007 Ms. Lois Veltus 6651 County Road 115 Glenwood Springs, Co 81601 Re: Access to your property Dear Lois: I am aware that you have held many discussions with the prior owners of Spring Valley Ranch regarding an access easement from CR 114 or 115 across the Ranch to your property. You and I have talked about the possibility of such an easement at our neighborhood meetings. We are preparing to file our application to amend the current entitlements for "Chenoa". Now seems like an appropriate time for us to reach agreement, if possible, on the conditions of conveying such an easement to you. As I understand your objectives, you want to assure that you have access to your property for the potential of subdividing your parcel into four lots. The most convenient and certain access would be along improved roads provided by Spring Valley Ranch to service its development. Our primary concern is the nature of the improvements on any of your lots. These improvements might be visible from lots on Spring Valley Ranch. Consequently, if we were to grant you an easement, we would want assurances that the improvements placed on your land would be consistent in quality and architecture with the development of Spring Valley Ranch. I recognize that you have been advised that your property would be more valuable if development and improvement were unrestricted. My observation is to the contrary; that incorporating your lots within the Spring Valley Ranch project will increase their value. Only time, of course, will tell. We would consider providing you with an easement, if and when our amendments to the "Chenoa" entitlements are approved by all the governmental bodies having jurisdiction over Spring Valley Ranch. Our proposal is as follows: 1. We would deed you a non-exclusive right-of-way for the benefit of up to four lots on your property through the entrance gate and over improved roads constructed in connection with the development of Spring Valley Ranch. 2. You would encumber your lots with the easements and conditions, covenants and restrictions ("CC&R's") that are placed on the lots created on Spring Valley Ranch in proximity to your lots. 3. You would obligate the owners of your lots to pay their proportionate share of the road operation maintenance, repair and replacement of the entrance gate, security and that portion of the road over the right-of-way. 4000 County Road 115 - Glenwood Springs - Colorado Spring Valley Holdings Page 2 4. You may elect to annex into the Landis Creek Metro District at the time of the construction of the utilities and water trenches and lines that service the lots created on Spring Valley Ranch in proximity to your property. If you so elect, your property would be encumbered by the obligation to pay user -fees and tax assessments to the District in accordance with the District's fee and assessment structure. 5. If you were to encumber your property with the CC&R's and to annex into the District, then your lots would become a party of the Spring Valley Ranch community, and buyers of your lots would have the opportunity to join any of the private clubs and use all of the private facilities of the clubs, including the golf course, provided they are accepted into the clubs and become and remain members in good standing. If this proposal is acceptable to you, please sign and return this letter. This letter is not binding on either of us unless and until we enter into a formal written agreement containing these terms and such other provisions as may be appropriate. This offer is valid until 5:00 p.m. PDT on March 23, 2007, after which it is automatically rescinded without further action of either of us. If you have any questions, please call me at 831- 620-6708. I plan to be at the Ranch the week of March 19th. Doreen will call you to schedule an appointment should you want to personally meet with me, I hope that this proposal will be sufficient to put this longstanding matter to bed. Thank you again for your time and patience. Very truly yours Tom Gray Agreed and accepted this day of March, 2007 Louis Veltus • • •