HomeMy WebLinkAbout05.01 SIA 05.11.1994RfC JE1 02:3111 J'Clott P.++. 4• C • 463061
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SUBDIVISION IMPROVEMENT AGREEMENT
InntO9O2 r irF 274
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THIS AGREEMENT is made and entered into this ;!L, day of
_M v , 1994, between MESTBANR MESA LIMITED
PARTNRRSHIP, a Colorado limited partnership, (Owner), and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
(County).
N ITNESSET Ht
WHEREAS, Owner is the owner of certain real property located
in Garfield County,, Colorado, more particularly described in the
final plat for Westbank Ranch Planned Unit Development, Filing
No. 4 Resubdivision, which is filed on even date hereof and the
description of which is set forth in Exhibit A attached hereto
and made a part hereof by reference (Subdivision); and
WHEREAS, as a condition of approval of the Final Plat and as
required by the laws of the State of Colorado, the Owner wishes
to enter into this Subdivision Improvements Agreement with the
County; and
WHEREAS, the County has required and the Owner has agreed to
provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
public improvements required to be installed in the Subdivision
as set forth in Resolution No. 93-085, recorded in the office of
the Clerk and Recorder of Garfield County, Colorado, as Reception
No. 453631 in Book 878 at Page 467; and
WHEREAS, Owner has agreed to execute and deliver a letter of
credit to the County to secure and guarantee its performance of
this Agreement and has agreed to certain restrictions regarding
the issuance of building permits and certificates of occupancy
within the Subdivision, all as more fully set forth hereinafter.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND
THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. OWNER'S PERFORMANCE. Owner has constructed and
installed, or will cause to be constructed and installed at its
sole expense those improvements required through approval of the
Preliminary Plan in Resolution No. 93-085. The improvements
required therein will be completed on or before October 31, 1994
in compliance with the following:
A. All plat documents submitted prior to or at the
time of the Final Plat approval including approved as -built
drawings of all improvements completed prior to execution of this
Agreement, which are incorporated herein by reference and made a
part of this Agreement, which are incorporated herein and made a
part of this Agreement.
PAGE lof 5
'44.(7
10010902PIr;275
8. All requirements of Resolution Nos. 93-084 and 93-
085, including all requirements of the Garfield County Boning
Code and the Garfield County Subdivision Regulations.
C. A11 laws of the United States, the State of
Colorado, the County of Garfield and its various agencies and
affected special districts.
D. Such other designs, maps, specifications, sketches
and other materials submitted to and approved by any of the above
stated governmental entities.
The County ac:.ees that if all approvements are installed in
accordance with this Agreement, Final Plat documents, the
requirements of the Preliminary Plan, and the requirements of the
P.U.D. tone approval, and all other requirements of this
Agreement, the Preliminary Plan and the P.U.D. sone approval,
then the owner shall be deemed to have satisfied all terms and
conditions of Boning, subdivision, resolutions and regulations of
Garfield County.
2. SECURITY FOR INPROvElMNT8. On or before the date of
the recording of the Final Plat with the Clerk and Recorder, the
Owner shall deliver a letter of credit which is acceptable to the
County in the amount of the improvements for the subdivision or
improvements that have not yet been completed. Those
improvements, together with the cost as certified by a licensed
engineer are attached hereto as Exhibit B. The letter of credit
shall be issued by state or national banking institution in a
form acceptable to the County, and from an institution that is
licensed to do business in the State of Colorado. Certification
of completion of improvements must be submitted by a licensed or
registered engineer. Such certification shall certify that the
improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plats, and
plans, and shall be at:+mped by said professional engineer.
The security set forth herein shall be in an amount
sufficient to provide for full revegetation of the landscaping
required by the Preliminary Plan, as required by Paragraph 6 of
Resolution No. 93-085. Full costs of revegetation shall be as
set forth in Exhibit C attached hereto. The full amount of such
revegetation shall be retained as security for a period not to
exceed two (2) years. At the conclusion of the two-year period,
the security shall be released by the County upon receipt and
acceptance of a certified letter from the landscape professional
executing the document attached hereto as Exhibit C, that such
landscaping is complete and is no longer in need of revegetation.
The letter of credit set forth herein must be valid for
a minimum of six (6) weeks beyond the completion date for the
improvements and revegetation set forth herein. Any extension of
the time periods within which improvements must be completed
shall cause the line of credit required herein to be extended for
P7OE 2of 5
an equal amount of time. If the County determines that the
improvements are not constructed Ln compliance with the relevant
specifications, it shall furnish a letter of potential
deficiencies to the Owner within fifteen (15) days from the date
the County receives certification from the Owner that all
improvements as set forth in Exnibit B have been completed. If
that letter is not furnished within fifteen (15) days, all
impre:ements shall be deemed accepted and the County shall
release the appropriate amount of security as such relates to the
completed improvements. If a letter of potential deficiencies is
furnished by the County, the County shall have thirty (30) days
to complete its investigation and provide written confirmation of
the deficiencies to the Owner. If, upon further investigation,
the County finds that all improvements are acceptable, then
appropriate security shall be released to the Owner within ten
(10) days after completion of such investigation. In the event
that such improvements are not accepted by the County, the Board
of County Commissioners shall make written findings before
requesting payment on the letter of credit.
The security for revegetation in the amount set forth
in Exhibit C shall remain in place for two (2) years from the
date of certification of completion of the revegetation
improvements. The sole purpose for this element of security
shall be to guarantee the survival of all plantings required to
revegetate and landscape disturbed areas created during
construction.
The County may, at its option, permit the Owner to
substitute other collateral acceptable to the County for the
collateral originally given by the Owner to secure the completion
of the improvements as hereinabove provided.
No Final Plat shall be recorded pursuant to this
Agreement until a letter of credit in a form acceptable to the
County is received by the County.
3. WATER. At the time of execution of this Agreement, all
water system improvements, including all easements necessary for
the installation of that system, together with the necessary
water rights and assignment of permits and water allotment
contracts and other water rights associated with the issuance of
the well permit shall be transferred by deed, dedication or
contract to the Homeowners Association in the form set forth in
Exhibit "D" attached hereto. That deed shall be recorded
coincident with the filing of the final plat.
4. INDEMNITY. To the extent allowed by law, Owner agrees
to indemnify and hold the County harmless and defend the County
from all claim which may arise as a result of Owner's
installation of the improvements pursuant to this Agreement,
provided, however, Owner does not indemnify the County for claims
made asserting that the standards imposed by the County on Owner
are improper or the cause of the injury asserted.
PAGE Sof 5
277
The County shall be regoired to notify the Owner of
receipt of a notice of claim or a notice of intent to sue and
ahal, afford Owner the option of defending any such claim or
action. Failure to notify and provide such option to Owner shall
extinguisn the County's right under this paragraph. Nothing
hereinsteted shall be interpreted to require Owner to indemnify
the County from claims which may arise from the negligent acts or
omissions of the County or its employees.
5. SCHOOL IMPACT FEES. Owner shall be obligated to pay
Two Hundred Dollars ;$20n.00) per lot for school impact fees.
Owner shall tender Two Hundred Dollars ($20d.00) to tUe County
for all lots within the subdivision at the time of recording of
the Final Plat.
6. SALE OF LOTS. No lots within the proposed subdivision
that is the subject of this Agreement shall be conveyed prior to
the recording of the Final Plat.
7. APPROVAL OF FINAL, PLAT. The County agrees to approval
of the Final Plat subject to the terms and conditions of this
Agreement, as well as the terms and conditions of the Preliminary
Plan and P.U.D. Zone approval.
8. ENFORCEMENT. In addition to any rights whic'i may be
provided by Colorado statute, it is mutually agreed that the
County or any purchaser of a iot within the Subdivision shall
have the authority to bring an action in the District Court of
Garfield County, Colorado to compel enforcement of this
Agreement. In the event no action is commenced before issuance
of the final certificate of completion of improvements and
acceptance thereof by the County, any purchaser's rights to
commence an action shall thereafter be extinguished.
9. CONSENT TO VACATE PLAT. In the event the Owner fails
to comply with the terms of this Agreement, including the terms
of the Preliminary Plan and P.U.D. Zone approval, the County
shall have the ability to vacate the plat as it pertains to lot
for which no building permits have been iszued. Any existing
lots for which building permits have been issued shall not be
vacated and the plat as tc, those lots shall remain valid. The
Owner shall provide a survey and complete legal description with
a map showing the location of portion of the plat so vacated.
10. BINDING EFFECT. This Agreement shall be a covenant
running with the title to each lot within the Subdivision and the
rights and obligations ac contained herein shall be binding upon
and inure to the benefit of the Owner, its successors and
assigns.
11. RECORDING. Upon execution, Owner shall record this
Agreement with the office of the Clerk and Recorder for Garfield
County, Colorado.
12. VENUE AND JURISDICTION. Venue and jurisdiction for any
PAGE 4of 5
ennr0902,m 273
rause arising out of or related to this Agreement shall lis in
the District Court for Garfield County and be construed pursuant
to the laws of the State of Colorado.
13. ROADS. Roads within the subdivision shall be dedicated
as public right-of-ways and accepted on behalf of the public by
the County. The approval and acceptance of the roads within the
subdivision by the County shall not obligate the County to
maintain such roads. The Homeowners Association shall bear the
sole responsibility for the maintenance, upkeep, repair,
restoration, snow removal and reconstruction of all roads within
the subdivision.
WESTBANR MESA LIMITED PARTNERSHIP
By: D.V. DEVELOPMENT CO., INC.
a Colorado corporation,
General Partner
i
ohh-n HHuabinger, Presi ent
ARREST: BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
1 . (1 44-L' By sL. tet✓
1 rk to the Board; Elmer "Bucket'"' baney, Chairman
PAGE 5of 5
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this WI( day of
May , 1994, between WESTBANK MESA LIMITED
PARTNERSHIP, a Colorado limited partnership, (Owner), and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
(County).
W ITNESSET H:
WHEREAS, Owner is the owner of certain real property located
in Garfield County, Colorado, more particularly described in the
final plat for Westbank Ranch Planned Unit Development, Filing
No. 4 Resubdivision, which is filed on even date hereof and the
description of which is set forth in Exhibit A attached hereto
and made a part hereof by reference (Subdivision); and
WHEREAS, as a condition of approval of the Final Plat and as
required by the laws of the State of Colorado, the Owner wishes
to enter into this Subdivision Improvements Agreement with the
County; and
WHEREAS, the County has required and the Owner has agreed to
provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
public improvements required to be installed in the Subdivision
as set forth in Resolution No. 93-085, recorded in the office of
the Clerk and Recorder of Garfield County, Colorado, as Reception
No. 453631 in Book 878 at Page 467; and
WHEREAS, Owner has agreed to execute and deliver a letter of
credit to the County to secure and guarantee its performance of
this Agreement and has agreed to certain restrictions regarding
the issuance of building permits and certificates of occupancy
within the Subdivision, all as more fully set forth hereinafter.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND
THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. OWNER'S PERFORMANCE. Owner has constructed and
installed, or will cause to be constructed and installed at its
sole expense those improvements required through approval of the
Preliminary Plan in Resolution No. 93-085. The improvements
required therein will be completed on or before October 31, 1994
in compliance with the following:
A. All plat documents submitted prior o at th
time of the Final Plat approval including approved s- it ---
drawings of all improvements completed prior to ex t n f'l
Agreement, which are incorporated herein by refere d4 act
part of this Agreement, which are incorporated her d as
part of this Agreement.
PAGE lof 5
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B. All requirements of Resolution Nos. 93-084 and 93-
085, including all requirements of the Garfield County Zoning
Code and the Garfield County Subdivision Regulations.
C. All laws of the United States, the State of
Colorado, the County of Garfield and its various agencies and
affected special districts.
D. Such other designs, maps, specifications, sketches
and other materials submitted to and approved by any of the above
stated governmental entities.
The County agrees that if all approvements are installed in
accordance with this Agreement, Final Plat documents, the
requirements of the Preliminary Plan, and the requirements of the
P.U.D. zone approval, and all other requirements of this
Agreement, the Preliminary Plan and the P.U.D. zone approval,
then the owner shall be deemed to have satisfied all terms and
conditions of zoning, subdivision, resolutions and regulations of
Garfield County.
2. SECURITY FOR IMPROVEMENTS. On or before the date of
the recording of the Final Plat with the Clerk and Recorder, the
Owner shall deliver a letter of credit which is acceptable to the
County in the amount of the improvements for the subdivision or
improvements that have not yet been completed. Those
improvements, together with the cost as certified by a licensed
engineer are attached hereto as Exhibit B. The letter of credit
shall be issued by state or national banking institution in a
form acceptable to the County, and from an institution that is
licensed to do business in the State of Colorado. Certification
of completion of improvements must be submitted by a licensed or
registered engineer. Such certification shall certify that the
improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plats, and
plans, and shall be stamped by said professional engineer.
The security set forth herein shall be in an amount
sufficient to provide for full revegetation of the landscaping
required by the Preliminary Plan, as required by Paragraph 6 of
Resolution No. 93-085. Full costs of revegetation shall be as
set forth in Exhibit C attached hereto. The full amount of such
revegetation shall be retained as security for a period not to
exceed two (2) years. At the conclusion of the two-year period,
the security shall be released by the County upon receipt and
acceptance of a certified letter from the landscape professional
executing the document attached hereto as Exhibit C, that such
landscaping is complete and is no longer in need of revegetation.
The letter of credit set forth herein must be valid for
a minimum of six (6) weeks beyond the completion date for the
improvements and revegetation set forth herein. Any extension of
the time periods within which improvements must be completed
shall cause the line of credit required herein to be extended for
PAGE 2of 5
an equal amount of time. If the County determines that the
improvements are not constructed in compliance with the relevant
specifications, it shall furnish a letter of potential
deficiencies to the Owner within fifteen (15) days from the date
the County receives certification from the Owner that all
improvements as set forth in Exhibit B have been completed. If
that letter is not furnished within fifteen (15) days, all
improvements shall be deemed accepted and the County shall
release the appropriate amount of security as such relates to the
completed improvements. If a letter of potential deficiencies is
furnished by the County, the County shall have thirty (30) days
to complete its investigation and provide written confirmation of
the deficiencies to the Owner. If, upon further investigation,
the County finds that all improvements are acceptable, then
appropriate security shall be released to the Owner within ten
(10) days after completion of such investigation. In the event
that such improvements are not accepted by the County, the Board
of County Commissioners shall make written findings before
requesting payment on the letter of credit.
The security for revegetation in the amount set forth
in Exhibit C shall remain in place for two (2) years from the
date of certification of completion of the revegetation
improvements. The sole purpose for this element of security
shall be to guarantee the survival of all plantings required to
revegetate and landscape disturbed areas created during
construction.
The County may, at its option, permit the Owner to
substitute other collateral acceptable to the County for the
collateral originally given by the Owner to secure the completion
of the improvements as hereinabove provided.
No Final Plat shall be recorded pursuant to this
Agreement until a letter of credit in a form acceptable to the
County is received by the County.
3. WATER. At the time of execution of this Agreement, all
water system improvements, including all easements necessary for
the installation of that system, together with the necessary
water rights and assignment of permits and water allotment
contracts and other water rights associated with the issuance of
the well permit shall be transferred by deed, dedication or
contract to the Homeowners Association in the form set forth in
Exhibit "D" attached hereto. That deed shall be recorded
coincident with the filing of the final plat.
4. INDEMNITY. To the extent allowed by law, Owner agrees
to indemnify and hold the County harmless and defend the County
from all claims which may arise as a result of Owner's
installation of the improvements pursuant to this Agreement,
provided, however, Owner does not indemnify the County for claims
made asserting that the standards imposed by the County on Owner
are improper or the cause of the injury asserted.
PAGE 3of 5
The County shall be required to notify the Owner of
receipt of a notice of claim or a notice of intent to sue and
shall afford Owner the option of defending any such claim or
action. Failure to notify and provide such option to Owner shall
extinguish the County's right under this paragraph. Nothing
hereinstated shall be interpreted to require Owner to indemnify
the County from claims which may arise from the negligent acts or
omissions of the County or its employees.
5. SCHOOL IMPACT FEES. Owner shall be obligated to pay
Two Hundred Dollars ($200.00) per lot for school impact fees.
Owner shall tender Two Hundred Dollars ($200.00) to the County
for all lots within the subdivision at the time of recording of
the Final Plat.
6. SALE OF LOTS. No lots within the proposed subdivision
that is the subject of this Agreement shall be conveyed prior to
the recording of the Final Plat.
7. APPROVAL OF FINAL PLAT. The County agrees to approval
of the Final Plat subject to the terms and conditions of this
Agreement, as well as the terms and conditions of the Preliminary
Plan and P.U.D. Zone approval.
8. ENFORCEMENT. In addition to any rights which may be
provided by Colorado statute, it is mutually agreed that the
County or any purchaser of a lot within the Subdivision shall
have the authority to bring an action in the District Court of
Garfield County, Colorado to compel enforcement of this
Agreement. In the event no action is commenced before issuance
of the final certificate of completion of improvements and
acceptance thereof by the County, any purchaser's rights to
commence an action shall thereafter be extinguished.
9. CONSENT TO VACATE PLAT. In the event the Owner fails
to comply with the terms of this Agreement, including the terms
of the Preliminary Plan and P.U.D. Zone approval, the County
shall have the ability to vacate the plat as it pertains to lot
for which no building permits have been issued. Any existing
lots for which building permits have been issued shall not be
vacated and the plat as to those lots shall remain valid. The
Owner shall provide a survey and complete legal description with
a map showing the location of portion of the plat so vacated.
10. BINDING EFFECT. This Agreement shall be a covenant
running with the title to each lot within the Subdivision and the
rights and obligations as contained herein shall be binding upon
and inure to the benefit of the Owner, its successors and
assigns.
11. RECORDING. Upon execution, Owner shall record this
Agreement with the office of the Clerk and Recorder for Garfield
County, Colorado.
12. VENUE AND JURISDICTION. Venue and jurisdiction for any
PAGE 4of 5
cause arising out of or related to this Agreement shall lie in
the District Court for Garfield County and be construed pursuant
to the laws of the State of Colorado.
13. ROADS. Roads within the subdivision shall be dedicated
as public right-of-ways and accepted on behalf of the public by
the County. The approval and acceptance of the roads within the
subdivision by the County shall not obligate the County to
maintain such roads. The Homeowners Association shall bear the
sole responsibility for the maintenance, upkeep, repair,
restoration, snow removal and reconstruction of all roads within
the subdivision.
ATTEST:
erk to the Board
WESTBANK MESA LIMITED PARTNERSHIP
By: D.V. DEVELOPMENT CO., INC.
a Colorado corporation,
General Partner
hn Huebinger, President
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By (�
Elmer "Bucket'"/Arba ey, Chairman
PAGE 5of 5
EXHIBIT A
Attached to and Forming a Part of Subdivision Improvement Agreement Dated
May 11 , 1994, Between Westbank Mesa Limited Partnership as Owner and
Board of County Commissioners of Garfield County, Colorado
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 93022190 C-2
A Parcel of land situated in Lot 15 of Section 35, Township 6
South, Range 89 West of the Sixth Principal Meridian, Lots 13,
14, 15, 24 and 25 of Section 1, and Lots 5, 8, 9, 10, 11, 12,
13, 14, 15, 16, 18, 19, 20, 21 and 22 of Section 2, Township 7
South, Range 89 West of the Sixth Principal Meridian , all in
Garfield County, Colorado, lying Southerly of Westbank Ranch
Planned Development Subdivision Filing No. 1 and Westbank Ranch
Subdivision Filing No. 2 and No. 3, as amended all as filed in
the Garfield County, Colorado records, and Westerly of a line in
said Section 1 partly described by Book 416 at Page 336 as
filed in the Garfield County, Colorado records, said parcel of
land is more fully described as follows:
Beginning at the Northwest Corner of Lot 5 in said Section 2,
whence the Northwest Corner of said Section 2 bears: N. 89
degrees 44'39" W. 602.75 feet;
thence N. 01 degrees 57'00" E. 81.45 feet along the Westerly
boundary line of Lot 15 in said Section 35 to the Southwest
Corner of said Westbank Ranch Filing No. 1; (also being the
Southwest Corner of Lot 23, Westbank Ranch Planned Development
Subdivision Filing No. 1)
thence, along the Southerly boundary lines of said Westbank Ranch
Filings No. 1, No. 2, and No. 3, N. 77 degrees 39'00" E. 112.73 feet;
thence N. 63 degrees 09'52" E. 159.87 feet;
thence S. 35 degrees 32'48" E. 210.99 feet;
thence S. 31 degrees 43'00" W. 75,00 feet;
thence S. 69 degrees 27'00" E. 130.00 feet;
thence S. 28 degrees 57'00" W. 160.00 feet;
thence N. 86 degrees 03'00" E. 190.00 feet;
thence S. 45 degrees 23'00" E. 130.00 feet;
thence S. 05 degrees 23'20" W. 300.15 feet;
thence S. 61 degrees 18'14" E. 231.81 feet;
thence S. 28 degrees 07'00" E. 160.00 feet;
thence N. 60 degrees 30'00" E. 78.00 feet;
thence S. 37 degrees 06'00" E. 55.45 feet;
thence S. 79 degrees 17'00" E. 492.88 feet;
thence N. 26 degrees 07'29" E. 82.61 feet;
thence S. 64 degrees 37'00" E. 336.67 feet;
thence S. 69 degrees 29'00" E. 390.82 feet;
thence S. 81 degrees 03'00" E. 358.60 feet;
thence N. 89 degrees 22'00" E. 342.78 feet;
thence S. 78 degrees 00'00" E. 349.80 feet;
thence N. 87 degrees 02'00" E. 374.60 feet;
thence S. 88 degrees 23'00" E. 626.00 feet;
thence S. 76 degrees 37'00" E. 39.95 feet;
thence S. 50 degrees 31'33" E. 298.72 feet;
thence N. 61 degrees 40'41" E. 339.92 feet;
Continued on next page
ORDER NO.
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
93022190 C-2
PROPERTY DESCRIPTION CONTINUED
thence S. 50 degrees 00'00" E. 25.74 feet;
thence along the arc of a curve to the left having a
radius of 329.13 feet, and a central angle of 52 degrees 46'29"
for a distance along the curve of 303.16 feet; the chord of
said curve bears S. 76 degrees 23' 15" E. a distance of 292.56
feet;
thence along the arc of a curve to the right having a radius of
45.00 feet, and a central angle of 83 degrees 05'30" for a distance
along the curve of 65.26 feet; the chord of said curve bears S. 61
degrees 13'45" E. a distance of 59 69 feet to a point on the
said described line in Section 1, whence the Northwest Corner of
said Section 1 bears: N. 20 degrees 00'40" W. 1523.72 feet;
thence, leaving said Westbank Ranch filings, along the
said described line, S. 19 degrees 41.'00" E. 196.35 feet;
thence S. 34 degrees 08"00" E. 1.14 feet to a point on a
non -tangent curve of the County Road Dedication described in
Document No. 334810 as filed in the Garfield County, Colorado
records, and continuing along the County Road Dedication as
follows: along the arc of the non -tangent curve to the left
having a radius of 710.00 feet, and a central angle of 34
degrees 59'38" for a distance along the curve of 433.64 feet;
the chord of said curve bears S. 38 degrees 48'11" E. a distance
of 426.93 feet;
thence S. 56 degrees 18' 00" E. 174.02 feet;
thence S. 52 degrees 22'00" E. 349.83 feet;
thence along the arc of a non -tangent curve to the right
having a radius of 430.57 feet, and a central angle of 10
degrees 04'52" for a distance along the curve of 75.76 feet; the
chord of said curve bears S. 32 degrees 02'21" E. a distance of
75.66 feet;
thence along the arc of a curve to the left having a radius
of 2293.26 feet, and a central angle of 10 degrees 06'00" for a
distance along the curve of 404.25 feet; the chord of said
curve bears S. 32 degrees 03'00" E. a distance of 403.73 feet;
thence S. 37 degrees 06'00" E. 193.54 feet;
thence along the arc of a curve to the left having a
radius of 1384.75 feet, and a central angle of 11 degrees
48'00" for a distance along the curve of 285.19 feet; the chord
of said curve bears S. 43 degrees 00'00" E. a distance of 284.68
feet;
thence S. 48 degrees 54'00" E. 218.65 feet to a point on
the East line of Lot 24 in said Section 1, being the end of the
said described County Road Dedication;
thence, leaving said described line, S. 01 degree 18'00"
E. 242.48 feet, more or less, to the Southeast Corner of Lot 24
in said Section 1;
thence S. 89 degrees 37'46" W. 1965.07 feet to the
Southwest Corner of Lot 25 in said Section 1;
Continued on next page
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
ORDER NO. 93022190 C-2
thence S. 00 degrees 48'12" E. 843.20 feet to the
Southeast Corner of said Section 2;
thence N. 89 degrees 21'20" W. 2606.36 feet to the
South Quarter Corner of said Section 2;
thence N. 01 degrees 04'18" W. 2139.78 feet to the
Southeast Corner of Lot 16 in said Section 2; (whence the
Center of said Section 2 bears: N. 01 degrees 04'18" W. 465.01
feet);
thence S. 89 degrees 57'32" W. 745.65 feet to the
Southwest Corner of Lot 16 in said Section 2;
thence N. 00 degrees 03'32" E. 468.68 feet to the
Northwest Corner of Lot 16 in said Section 2;
thence N. 89 degrees 45'00" W. 606.04 feet to the
Southwest corner of Lot 8 in said Section 2;
thence N. 00 degrees 02'31" W. 858.00 feet to the
Northwest Corner of Lot 8 in said Section 2;
thence S. 89 degrees 47.29" W. 722.54 feet to the
Southwest Corner of L•ot 5 in said Section 2;
thence N. 00 degrees 43'57" E. 797.26 feet to the
Northwest Corner of Lot 5 in said Section 2, the POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
EXHIBIT B
Attached to and Forming a Part of Subdivision Improvement Agreement Dated
May 1994, Between Westbank Mesa Limited Partnership as Owner and
Board of County Commissioners of Garfield County, Colorado
JEROME GAMBA & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
113 9TH STREET, SUITE 214
P0. BOX 1458
GLENWOOD SPRINGS, COLORADO 81602-1458
PHONE (303)945-2550 FAX: (303) 945-1410
Board of County Commissioners
County of Garfield
Glenwood Springs, Colorado
P 0. BOX 4808
PAGOSA SPRINGS. COLORADO 81157
PHONE: (303) 731-5743 FAX: (303) 731-4778
Re: Westbank Ranch P.U.D. Filing No.4 Resubdivision
Dear Commissioners:
This is to certify that I am a registered engineer and land surveyor in the State of Colorado
and that all of the engineering and surveying work for the Westbank Ranch P.U.D Filing
No.4 Resubdivision has been accomplished by me and or under my direction. In the course
of this work, we have observed the construction of the improvements on this development
and hereby certify that they have been accomplished in accordance with our plans and
specifications, and all of the required improvements have been accomplished with the
exception of the following:
WORK TO BE COMPLETED
WORK ITEM COST
Chip and seal pavement on roads $64,250.00
Land scaping 10,409.00
Tank painting 10,000.00
Final cleanup and miscellaneous 10,000.00
TOTAL WORK TO BE COMPLETED $94,659.00
Respectfully,
Jerome F. Gamba
P.E. & L.S. 5933