HomeMy WebLinkAbout3.0 CorrespondenceRICHARD D. LAMM
GOVERNOR
March 9, 1982
001-.1414, ,t,(4 ,
tsjiror=0 ci co --4444%
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET
DENVER, COLORADO 80203 PHONE (303) 866-2611
Mr. Paul Mannino
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
JOHN W. ROLD
DIRECTOR
MAR 1 1 1982 ;s
GANkikib Luo
Dear Mr. Mannino:
RE: LOS AMIGOS RANCH SUBDIVISION NO. 2
We have received and reviewed this subdivision application.
Generally we find that from a geologic standpoint this is an almost incredibly
poor and unsuitable site for any subdivision, for the following reasons:
1. Most of the platted area is far too steep for reasonable (access,
construction costs, etc.) building sites.
2. The surficial and bedrock materials underlying the site are subject
to slow to catastrophically fast slope failures including landslides,
debris slides, and debris avalanches.
3. Alluvium, colluvium, Eagle Valley Evaporite (formation) and Maroon
Formation are subject to rapid erosion during the heavy rainstorms
that occur principally in the summer months and construction,
especially road construction, will aggravate this process greatly.
4. All channelways in this area, including relatively small ones, are
subject to flash flooding during heavy rainstorms.
Therefore we recommend that you not approve this subdivision as platted. If
the proponent of this project will replat this subdivision area into a few
large lots (5 acres or greater) with designated building sites on slopes of
20 percent or less and have prepared a detailed engineering geologic study
and engineering -geologic map for this area then we think that it might be
possible to subdivide this area safely.
Sincerely,
Y.
/J'ames M. Soule
Engineering Geologist
It
cc: LUC
GEOLOGY
STORY OF THE PAST ... KEY TO THE FUTURE
•
COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm
Governor
March 9, 1982
Mr. Paul Mannino
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs CO 81601
1876
Frank A. Traylor, M.D.
Executive Director
Re: Preliminary Plat for Los Amigos Ranch, Subdivision ##2, Garfield County
Dear Mr. Mannino:
I have reviewed the preliminary plat for Los Amigos Ranch Subdivision #2 and
have two comments concerning water and wastewater. First, the plans and
specifications for any alteration or expansion to the current water treatment
plant must be submitted to the Colorado Department of Health for review and
approval prior to construction. Second, the wastewater flows can be handled
by the Spring Valley Sanitation District as stated in the application.
If you need any further comments, please feel free to call me.
Sincerely,
FOR DIRECTOR, WATER QUALITY CONTROL DIVISION
/V. L
5211-1,-x-
John
R. Blair
District Engineer_
JRB/zp
cc: Denver Office (Tom Bennett)
District Engineer
125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303)245-2400
Mount lOris Soil Conservation District
IIIIIIIPr P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601
6-7
March 3, 1982
Mr. Paul Mannino
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Dear Mr. Mannino:
MAR 41982
The Mount Sopris Soil Conservation District Board has reviewed the second
phase of Los Amigos Ranch Subdivision. This plan is well developed.
Some of the soils in the area to be developed have high erosion hazards
and we agree with the report from Lincoln and Devore. On-site investiga-
tions before construction starts could save the landowner a lot of
problems. Since some of these soils contain gypsum, they are unstable
and could cause foundation failure.
Revegetation of exposed areas will help control erosion. No large areas
of exposed soil should be permitted for very long.
Sincerely,
et;JAA,,,,e
Richard Cerise
Secretary
RC/te
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
• GARFIELD COUNTY 4110
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
March 1, 1982
To ALL REVIEW AGENCIES:
PHONE 945-8212
This is an addendum to the Los Amigos Preliminary Plat mailed
to your agency last week. Please review it along with the
previous mailings. I would like your comments by March 29, 1982
so that they can be presented to the County Commissioners and
the Planning Commission.
Thank you for your cooperation in this matter.
Sincerely,
Paul Mannino
Planner
PM/lw
Enclosure
WILLIAM H. NELSON
OREOOBY K. HOSE /N
JOHN W. DROVES
ANTHONY F. PRINSTER
JON E.OETZ
FREDERICK 0. ALDRICH
OREOO H. KAMPF
EDWARD A. LIPTON
CURTIS 0. TAYLOR
• •
NELSON, HOSKIN, GROVES & PRINSTER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Mr. John P. Stanford
Associate Planner
Resource Management, Inc.
P. O. Box 11536
Aspen, Colorado 81611
500 FIRST NATIONAL BANK BUILDING
P. 0. BOX 40
GRAND JUNCTION, COLORADO 81502
TELEPHONE 242-4903
AREA CODE 303
February 2, 1982
Re: Los Amigos Ranch Planned Unit
Development - Water Rights
Dear Mr. Stanford:
AI your r i le i 1 , wf have reviewed the water right decrees and
pertinent stipulations pertaining to Los Amigos Well No. 5 and
Rancho Los Amigos Well No. 6 ("Well No. 5" and "Well No. 6" re-
spectively). The purpose of our review was to update Loyal E.
Leavenworth's letter of October 6, 1978 addressed to the Director
of the Garfield County Planning Department in connection with your
preliminary plan application of portions of the Los Amigos Ranch
Planned Unit Development in Garfield County, Colorado, as follows:
Subdivision No. 2 - Filing No. 1, Lots 1 thru 9
inclusive and Lots 29 and 30.
Subdivision No. 2 - Filing No. 2, Lots 33 thru 57
inclusive.
Subdivision No. 2 - Filing No. 3, Lots 12 thru 17
inclusive, Lot 28 and Lots 76 thru 83 inclusive.
There are only two matters which are pertinent to the water
rights in question. They concern the Stipulation and Agreement
entered into as part of the Conditional Decree for Well No. 6, and
the change in point of diversion for Well No. 5, and the change in
density of the Planned Unit Development as a whole. Our comments
are as follows:
1. Stipulation and Agreement - Case Nos. W-3873 and W-3893.
On the date of Mr. Leavenworth's letter, Well No. 5 held an Absolute
Decree for 300 gallons per minute (.66 c.f.s.) with an appropriation
date of August 22, 1963. However, Well No. 6 was in the process of
adjudicating a conditional right for the same quantity of water for
all municipal purposes, however, having a junior date of appropria-
tion. This application was Case No. W-3873. Also in the process
•
Mr. John P. Stanford
- 2 - February 2, 1982
of adjudication was an Application for Change of Water Rights to
permit Well No. 5's water to be diverted through the point of
diversion for Well No. 6. This was Case No. W-3893. Colorado
Mountain College (CMC) objected to both the application for a
conditional right for Well No. 6, and the change in point of diver-
sion for Well No. 5.
During the course of litigation of both Case Nos. W-3873
and W-3893, a Stipulation and Agreement was entered into between the
Los Amigos Ranch Partnership's predecessors, Robert W. Chatmas and
James A. R. Johnson (referred to in the Stipulation and Agreement as
"Los Amigos"), and the objector CMC. The Stipulation and Agreement
was dated December 31, 1979 and formed the basis of two later Rulings
of Referee in Case Nos. W-3873 and W-3893, each being dated May 30,
1980. Copies of the Stipulation and Agreement and the Rulings of
Referee are enclosed for your reference. In essence, in exchange
for withdrawal of their objection to the conditional right for Well
No. 6 and the alternate point of diversion for Well No. 5, CMC
exacted certain obligations on the part of Los Amigos which are
summarized as follows:
A. Well No. 5 and Well No. 6 were agreed to be
junior in priority of diversion to all of CMC's well
rights, even though the date of Well No. 5's appropria-
tion was senior to some of CMC's well rights.
B. There was a reciprocal agreement to monitor and
maintain written records of well water level and quantity
of diversion for each party's wells and furnishing such
information to each other upon request. Further, Los
Amigos agreed to monitor the "Red Canyon Spill" and fur-
nish this information to CMC.
C. Los Amigos agreed to limit its annual average
diversions from Well No. 5 and Well No. 6 to those
quantities set forth in the permits to construct these
wells issued by the State Engineer.
D. Los Amigos assumed the burden of preventing
injury to CMC's well rights either as a result of the
diversion by junior appropriators in the Spring Valley
aquifir (including Los Amigos) or a call placed on the
tributary to the Spring Valley aquifir by senior water
rights holders on the Roaring Fork River.
It was the view of Los Amigos that the obligations assumed
under the Stipulation and Agreement were relatively minor and would
not materially jeopardize available water under the decrees for Well
No. 5 and Well No. 6 for use in the Los Amigos Ranch Planned Unit
- 2
• •
Mr. John P. Stanford
- 3 - February 2, 1982
Development. The bases for this opinion were three -fold: First,
engineering data indicated a more than adequate recharge to the
Spring Valley aquifir; second, there were adequate legal tools in
existence in order to curtail junior appropriators in the Spring
Valley aquifir causing reducting in aquifir water level; and third,
the access to augmentation water through either Rudi Reservoir or
Green Mountain Reservoir in the event calls were placed on the
tributary to the Roaring Fork River. We have nothing to indicate
that these opinions are not well founded.
2. Change in Density. We have been advised by Dean Gordon
that the overall density for the Los Amigos Ranch Planned Unit
Development has been decreased largely as the result of the decrease
in the number of multi -family dwelling structures. Also, on our
inquiry, we have been advised that there has been no corresponding
increase in irrigated land. Thus, the effect of the decrease in
density should have the effect of decreasing demand on available
water supplies and therefore be beneficial insofar as available
water is concerned.
know.
If you have any questions concerning this letter, please let us
Very truly yours,
NELSON, HOSKIN, GROVES & PRINSTER,
Professional Corporation
Fr¢derick G. Aldrich
FGA:bb
cc: Dean Gordon (with encls.)
Thomas E. Neal ( " )
Malcolm Wall ( "
• •
CARBONDALE FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
March 20, 1982
Ms. Terry Bowman
Garfield County Planning Dept.
2014 Blake Ave.
Glenwood Springs, Colo. 81601
Dear Terry,
f7
APR 2 1982
ifa
As per your request I have reviewed the plans for Los Amigos
Ranch, Filing #2. I would like to offer the following comments
concerning fire protection for this sub -division.
The water system (including total water supply) appears to me,
to be sufficient to deliver the required fire flow to any one
of the mapped hydrants. The hydrants are spaced appropriately
at 600 ft..
The location of the one cistern mapped on the 2/9/82 Utuility
Plan drawing is in the correct place, and 10,000 gallons is
an adequate size. As you know, the use of cisterns for fire
protection on Missiouri Heights and surrounding areas, is in
keeping with the Carbondale Fire Protection District's master
plan for this area.
If you have any questions feel free to contact me at 963-2491.
Sincerly,
/4a
Ron Leach
Carbondale Fire Chief
RICHARD D. LAMM
Governor
•
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
March 19, 1982
Paul Mannino
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Mannino:
JERIS A. DANIELSON
State Engineer
erit,wmiaDAR2 2 198
Re: Los Amigos Ranch Subdivision # 2
We have received the above referenced proposal for 53 single family
lots on 201.6 acres. We previously reviewed the PUD plan for this area
and stated we had no objection to its approval. In the PUD plan review,
we commented that additional information should be submitted concerning
the legal entity which would own and manage the water system, as future
homeowners may not have adequate representation. It was stated that
water would be supplied by wells 5 and 6 (Case Nos. W-2156 & W-3873).
The utility report refers to a letter regarding water rights. Since we
did not receive a copy of this letter, we would like to take the opportunity
to request a copy.
Recent interpretations of Senate Document 80 would limit the flow
which the Bureau of Reclamation would be required to release from Green
Mountain Reservoir to that which would be necessary to create a flow of
1250 cfs at the Dotsero gage from April 15 through October 15. Addition-
al requirements would have to be contracted. The required Green Mountain
releases will probably not be sufficient to prevent injury to downstream
senior water rights which would result from upstream development.
Since junior water uses would not be compensated by releases
from Green Mountain, they would be subject to a call from the Grand Valley
irrigation diversion near Cameo. Such a call would result in the curtail-
ment of junior water rights to the extent necessary to meet the shortage.
Although we don't expect extended periods of call during the upcoming
summer, junior wells such as these would be susceptible to being shut off.
• •
Paul Mannino Page 2
March 19, 1982
Since the well involved may not be a legally reliable supply, we
feel that a plan for augmentation will be required. We could not endorse
anything which would result in actual building construction or lot sales
prior to approval of an augmentation plan. We feel that in this instance,
the County can best determine at what stages of the review process the
applicants should be required to demonstrate a legally reliable water
supply. We will be most happy to review additional information or dis-
cuss this proposal.
Sincerely,
hZ). Ake
Hal D. im son, P.E.
Assistant State Engineer
HDS/KCK:pkr
cc: Lee Enewold, Division Engineer
Reiner Haubold
Ralph Stallman
Land Use Commission
•
JOHN R. SCHENK
DAN KERST
WILLIAM J. DEWINTER 111
SCHENK & KERST
ATTORNEYS AT LAW
SUITE 100, VILLAGE PLAZA
GLENWOOD SPRINGS, COLORADO 81801
(303) 945-2447
March 16, 1982
Garfield County Planning Dept.
Paul Mannino, Planner
2014 Blake Ave.
Glenwood Springs, CO 81601
Re: Los Amigos Ranch - Subdivision #2
Ladies and Gentlemen:
11
442 9 f,0
co, pN
RIFLE OFFICE;
SUITE 210, REMINGTON SQUARE
125 WEST 4TH ST.
RIFLE, COLORADO 81650
(303) 625-3010
I am responding on behalf of the Basalt Water Conservancy District
to your recent request for comments in connection with the above referenced
application. I have reviewed that portion of the preliminary plat
application which addresses the water supply for the proposed development.
The February 10,1982 letter submitted by Schmueser & Associates on
behalf of the developer makes reference to a February 2, 1982 letter
from Nelson, Hoskin, Groves and Prinster, which purportedly verifies the
sufficiency of the legal water rights which are to be used in connection
with the proposed subdivision. Without having reference to that letter,
I am unable to comment on the proposed legal water rights for the development.
As always, the District's purpose is to promote the beneficial and
effective use of its water rights within the District's boundaries, and
in so doing it does not wish to have an inappropriate influence on the
county's land use planning policy. However, the District would encourage
the county to conduct a sufficient review to assure that the legal water
supply has sufficient senior priority so that prospective purchasers of
lots or units within the development will not face the eventuality of
curtailment of their water supply.
Accordingly, the District would recommend that the County require
such addition information from the applicant concerning the legal water
supply as necessary to assure its adequacy.
If you desire our additional input in connection with this matter
please do not hesitate to contact me.
DK/b
cc --Board of Directors
Basalt Water Conservancy District
ours,
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWO❑D SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
March 12, 1982
Walter Brown
1131 Grand Avenue
Glenwood Springs, CO 81601
RE: Los Amigos Ranch, Subdivision #2, Preliminary Plat
Dear Walt:
PHONE 945-8212
This letter is to inform you that your proposal has been scheduled
with the Board of County Commissioners on March 15, 1982 at 8:45 A.M.
This meeting is to determine if the proposal will be referred to the
Planning Commission.
A representative of this project should be present at the meeting
to answer any questions.
If you have any questions, please call me at this office.
Sincerely,
Paul Mannino
Planner
PM/lw
• GARFIELD COUNTY •
ENVIRONMENTAL HEALTH DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE PHONE 945-2339
MEMO
TO: Garfield County Commissioners
FROM: Terry L. Howard
Garfield County Environmental Health Department
DATE: May 5, 1982
SUBJECT: Sewage System for Los Amigos Subdivision
Discussions with the developers for Los Amigos Subdivision have
indicated a need to clarify the issues surrounding the recommendation
of this department for central sewage collection for the development.
The recommendation was made on the following considerations:
1. Garfield County has a stated policy in its Individual
Sewage Disposal System Regulations to "require the use of
public sewer systems where and whenever feasible, and to
limit the installation of individual sewage disposal
systems only to areas that are not feasible for public
sewers."
2. The Los Amigos Subdivision is contiguous to the Spring
Valley Sanitation district.
3. Soil conditions,shallow bedrock, and slopes in the area
make the installation of individual sewage disposal
systems difficult. Most of the systems installed would
have to be engineered and would probably be evapotrans-
piration systems. Construction in the area would be
expensive.
4. A central collection system is technically feasible
although construction would be difficult and pumping
would be required. Cost of the central system may be
roughly equivalent to the sum of all the costs for
individual septic systems.
Page Two S
Garfield County Commissioners
The developer contends that although the cost may be roughly
equivalent for the two approaches, the fact that the developer
must come up with the money at the outset makes the project un-
feasible. If individual septic systems are approved, the cost
is shifted to the home owner and the project can proceed.
This department does not mean to contend that individual sewage
disposal systems will not work in the area, only that they are
at odds with stated policy and that conditions in the area will
make such systems difficult to construct and expensive for the
buyer. Individual septic systems are a technically feasible
alternative in the area. In general, two concerns that arise
with respect to lined evapotranspiration systems are that the
proper operation of the system is entirely dependent on the
integrity of the plastic liner and that maintenance of the system
is the responsiblity of the home owner, who may not be knowledgable
in such matters. Discussions with the developers have indicated
that construction of a leak detection system consisting of a
perforated pipe installed in the bedding for the liner, draining
to a stand pipe which can be inspected, may be a reasonable
approach to the problem of liner leakage, and arrangements with
the home owner's association or sanitation district for a
qualified technician to monitor system maintenance may address
the maintenance issue. A building envelope and geologic study
is already being required for each lot, determination by the
developer of a site for the individual sewage system and the
type or types that can be installed to be disclosed prior to
purchase may be a reasonable way to insure that the lot buyer
is aware of the limitations of the lot and the expense of the
system if individual systems are to be permitted.
GARFIELD COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE PHONE 945-2339
T0: Paul Mannino
Garfield County Planning Department
FROM: Terry L. Howard
Garfield County Environmental Health Department
DATE: April 21, 1982
SUBJECT: Los Amigos Ranch Subdivision Number Two
Review of the preliminary plat for Subdivision Number Two of Los Amigos
Ranch has revealed some concerns with the proposed methods for sewage
disposal.
1. Shallow basalt bedrock through out most of the site may make
individual septic systems impractical.
2. Lot sizes of approximately 1.5 acres are not particularly large
for sites where conditions may present problems for individual
septic systems.
3. A sanitation district exists in the area and part of the sub-
division is to be connected to it. Permitting individual
sewage disposal systems on the remainder would require some
justification.
It is the recommendation of this department that every effort be made
to connect the entire subdivision to the Spring Valley Sanitation
District. If this exceeds the capacity of the treatment facilities,
expansion of the treatment facilities should be considered.
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
April 21, 1982
John Blair
Colorado Department of Health
125 North 8th
Grand Junction, CO 81501
Dear John:
PHONE 945-8212
Enclosed is a copy of the Los Amigos proposal which is requesting
part be served by Spring Valley Sanitation District and part be
served by individual septic. Terry Howard requested I send you
this information. The hearing is on April 26, 1982. Thank you
for your continued cooperation.
Sincerely,
(ec‹
At(, /i c C/1 -i
Paul Mannino
Planner
PM/lw
Enclosure
RICHARD D. LAMM
GOVERNOR
April 20, 1982
410
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET
DENVER, COLORADO 80203 PHONE (303) 866-2611
Mr. Paul Mannino
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Mannino:
RE: LOS AMIGOS RANCH: FIELD INSPECTION, APRIL 16, 1982
4444 ay
JOHN W. ROLD
DIRECTOR
AP9 2 2 1982
As you know Bruce Stover,of our staff, and I met with you, the developer of
the Los Amigos Ranch property, and his technical consultants last Friday.
This meeting was arranged in response to our letter of March 9, 1982, to you
regarding their proposed subdivision and adverse geologic conditions in it.
At the time of our first correspondence it was my understanding that the
entire proposed subdivision plat was being submitted to you by the developer
for approval. After learning that filings 1, 2, and 3 are the only ones being
considered at this time, field inspection of the site, and discussions with
the above-mentioned parties, we are now satisfied that adverse geologic con-
ditions in these filings will be adequately considered in development plans
and construction. However, as we also indicated lastFriday,we think that
detailed geotechnical studies of each filing and constituent lots should be
made. The results of these studies should be made available to lot purchasers
prior to closing sales. These studies should indicate, among other things,
where on each lot a suitable residential building site exists and where suit-
able motor -vehicle access routes(driveways) can be placed. If the above
conditions are met by the involved parties then we recommend that you approve
filings 1, 2, and 3.
As additional filings of this subdivision are proposed, we request that you
send us appropriate materials to satisfy the usual requirements of S.B. 35.
Sincerely,
J mes M. Soule
'Engineering Geologist
It
cc: John Stanford
LUC
GEOLOGY
STORY OF THE PAST ... KEY TO THE FUTURE
•
Resource Management inc.
•
Paul Mannino, Planner
Garfield County Courthouse
2014 Blake Avenue
Glenwood Springs, CO. 81601
Dear Paul:
Ap , 1'!i Ct`r-.I`D'a
4044_42. gwve
Thank you for promptly advising me of the referral responses and
procedural status on the Los Amigos Ranch Project. I have advised
Greg Hoskins and Fred Aldrich, our water attorneys, about the letter
from the State Engineer, Division of Water Resources. Apparently, the
State's concern over Senate Document 80 and water releases from Green
Mountain Reservoir is a misunderstanding, since the Reservoir is located
in a drainage not affected by or related to the Roaring Fork River. At
any rate, t!alt Brown and Hoskins and Aldrich are working on resolution
of the situation which will satisfy any concerns of Garfield County -
hopefully, before our scheduled hearing with the P & Z at 8:00 p.m. on
Monday, April 26.
Meanwhile, Malcolm Wall and I are scheduled to meet you, Jim Soule
(State Engineering Geologist), and Dean Gordon Friday morning (April 16)
at 0:00 a.m. at the ranch house to resolve the concerns of the Colorado
Geological Survey. Also, the hearing notice will be published in the
Glenwood Post today, April 12. The legal publishing requirement of the
Sub. Regs. can be met if the publishing date and the hearing date are
included in the 15 day count. Please advise me if the County does not
accept this time period as meeting the code.
Thanks again.
Sincerely,
./O hn P. Stanford
xc:
nes
Malcolm Wall
Walt Brown
Tom Neal
Dean Gordon
RICHARD D. LAMM
Governor
•
•
OFFICE OF THE STATE ENGINEE
DIVISION OF WATER RESOURCES j',,F
' APR
81982
kka cu.
440
tl
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
April 5, 1982
Mr. Paul Mannino
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Mannino:
JERIS A. DANIELSON
State Engineer
Re: Los Amigos Ranch Subdivision #2
We have received additional information concerning the proposed Los Amigos
Ranch Subdivision #2. The additional information includes a February 1982 letter
written by Frederick Aldrich regarding water rights and a stipulation and agree-
ment in Water Court Case Nos. W-3873 and W-3893. These cases involved the
applicant's proposal for an additional well and for a change in location of a
previously adjudicated well. The stipulation resolved the issues in these
cases between Los Amigos and Colorado Mountain College. Los Amigos would be
served by these two wells, the most senior of which was adjudicated in 1974.
The above cases were not our major concern. Our concern, as expressed in
our March 19, 1982 letter, is that the wells in question would be subject to
curtailment when a call existed at the Grand Valley irrigation diversion at
Cameo. The additional information we have received mentions this subject slightly.
Towards the bottom of page 2 and top of page 3 of Mr. Aldrich's letter, he indi-
cates that among other concessions, Los Amigos agreed to assume the burden of
injury to CMC's wells resulting from a downstream call. This and other conces-
sions were made because the applicants felt that the obligations were relatively
minor. The basis for assuming that the obligations were minor were three -fold,
including the assumption that augmentation water would be accessible through
either Ruedi Reservoir or Green Mountain Reservoir in the event calls were placed
on the tributary to the Roaring Fork River.
It is our opinion that a plan for augmentation is necessary at this time.
Since the additional information we have received does not indicate the appli-
cants are pursuing a plan for augmentation, we must continue our previous recom-
mendations. We could not endorse action on this proposal which would allow lot
sales or building construction. Please let us know if you have any questions.
HDS/KCK:mvf
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Land Use Commission
Sincerely,
446
al D. imp on, P.E.
Assistant State Engineer
COLORADO DEPARTMENT OF HEALTH
Richard D. Lamm\~ Frank A. Traylor, M.D.
Executive Director
Governor 8 76
April 2, 1982
--,.. . (.77:11., 7 11 ?4961 9 �ddb
Mr. Paul Mannino, Planner�`s
Garfield County Planning Department
REF l [r
2014 Blake Avenue E(`
r1y .'
APR 6 uj
GARHELD co. p »r
GDenwood Springs CO 81601
Re:
Addendum to Los Amigos Preliminary Plat
Dear Mr. Mannino:
I just received the above addendum this week as I have been out of
town since March 16. I was unable to comment by your March 29 deadline,
but my previous comments are sufficient. I hope the delay caused no
problems on your end.
Sincerely,
FOR DIRECTOR, WATER
QUALITY CONTROL DIVISION
r/ �. r 1�1lc. t t,
John R. Blair
District Engineer
JRB/zp
125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303) 245-2400
• •
SCHENK & KERST
ATTORNEYS AT LAW
SUITE 100, VILLAGE PLAZA
GLENWOOD SPRINGS, COLORADO 81601
JOHN R. SCHENK
(303) 945-2447
DAN KERST
WILLIAM J. DEWINTER III
Mr. Paul Manino
Garfield County Planner
2014 Blake
Glenwood Springs, CO 81601
Re: Los Amigos Ranch
Dear Paul:
March 26, 1982
Dean Gordon has provided me the February 2, 1982, letter of Fred
Aldrich regarding the water rights for the Los Amigos Ranch PUD. I want
to assure you as well as the developer in this instance, that it is not
my intent to have a negative impact on the proposed development nor do I
want to unduly interfere with the planning process. However, I must
continue to raise the issue of the dependability of the legal water
supply for the development. I am not saying that it is inadequate, but
I believe that the relatively late priority dates of the development's
water rights makes your consideration of this question appropriate. On
page 3 of Mr. Aldrich's letter, he mentions the access to augmentation
water through either Ruedi Reservoir or Green Mountain Reservoir.
Although a water allotment contract with the Basalt Water Conservancy
District could probably be obtained to provide exchange water from Ruedi
Reservoir, to my knowledge no such action has been taken to date. The
ability to call on stored water from Ruedi Reservoir to satisfy
downstream calls by holders of senior water rights would, of course,
provide the residents of the proposed development more security than
they currently have by virtue of the adjudicated rights referred to in
Mr. Aldrich's letter.
These comments are intended to provide positive imput to your
planning process in an attempt to assure that the ultimate residents and
owners of this development have a dependable legal as well as physical
water supply. Please advise me if I can provide further information in
this regard.
DK/sr
c - Dean W. Gordon, P.E.
Floyd Crawford, President
truly,
•
1:7111
Resource Management inc.
•
March 25, 1982
Mr. Hal D. Simpson, P.E.
Assistant State Engineer
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
Dear Mr. Simpson:
Please find enclosed the letter from Nelson, Hoskin,
Groves and Prinster, water attorneys for the Los Amigos
Ranch project. This material was referred to in the
Preliminary Plat Application which you reviewed and
requested in your letter to Garfield County Planning Office
on March 19, 1982.
We would appreciate your review of this new material
and appropriate amendments to your original referral.
Comments must be received in the Planning Office prior to
April 26, 1982.
Please contact me if I can be of assistance.
John P. Stanford
Associate Planner
Enclosures
cc: Malcolm Wall
Paul Mannino, Garfield County Planning Office
klm
Post Office Box 11536 Aspen, Colorado 81611 (303) 925-6615
New Hampshire and Colorado
RICHARD D. LAMM
Governor
i
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
April 22, 1982
Mr. Paul Mannino
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Mannino:
JERIS A. DANIELSON
State Engineer
APR 2 6
GARt+ KO***
Re: Los Amigos Ranch %2
We have received additional information from Mr. Gregory
Hoskin, attorney for Los Amigos Ranch Partnership, concerning
the development of a plan for augmentation for the entire Los Amigos
Ranch development.
Mr. Hoskin has agreed to develop a plan for augmentation
for the entire Los Amigos Ranch prior to seeking approval of a
third filing of the subdivision. We believe this is a reasonable
attempt to address the concerns of our April 5, 1982 letter and we
have no objection to the approval of filing No. 2.
Sincerel y,
Har D. impson, P.E.
Assistant State Engineer
HDS:pkr
cc: Lee Enewold, Div. Eng.
Ralph Stallman
Gregory Hoskin
Leonard Bowlby
Road Supervisor
•
GARFIELD COUNTY
ROAD AND BRIDGE
P.O. Box 1485
Glenwood Springs, Colorado 81601 Phone 945-6111
April 21, 1982
Garfield County Planning Department
2014 Blake Avenue
Glenwood Spgs., Co81601
Att'n: Paul Manino
Dear Paul,
APR
2 1982 ' r
• Li
LU L'Ar1
This will confirm our telephone conversation of April 21, 1982.
In the matter of Los Amigos Ranch subdivision #2 preliminary plat
and the requirement for improvements to County Road 114:
As I understand it, there is a cash figure in lieu of work to be done.
I would much prefer that they be required to post a performance bond,
and that they do the actual improvements under our supervision. This
would allow county equipment and manpower to remain on our maintenance
program as presently scheduled.
Pleas advise if you have any questions.
rs ruly,
,s�
Leonard A. Bowlby
Garfield County Road
LAB/pc
ervisor
Garfield County Commissioners
Garfield County Court House
Glenwood Springs, CO 81601
Dear Sirs;
Kindall Ranch
C/O Linda Murr
37659 Hwy 6
New Castle, CO 81647
June 5, 1982
The boundry survey that was being done for the Kindall Ranch by Eldorado Engineering
has not been completed as of this date. I will be out of town until June 21, 1982. It
will imposible for me to compare our survey with the survey done for Los Amigos
until I return. The deeds that Los Amigos was to give to us I have not seen
and I will be unable to progress any farther on the dispute until my return.
We do not consider the dispute settled. We will need sufficient time to have
our attorney review all papers.
We do object to the water tower that is to be placed within 30 feet
of our south boundry. This tower could be seen from over 400 acres we own
and by adjoining land owners as well. The mesa land is flat enough to be view
any large structer such as a water tower. We feel this tower could be buried
and should be. This would be much more compatable with future developement
of Spring Valley in general. The beauty of the landscape should be preserved
as much as possible.
Thank for the time and efforts in these matters.
Yours truely.
inda Murr
1
0
COLORADO DEPARTMENT OF 'HEALTH
Richard D. Lamm
Governor €2.„/1$ 7 Executive Director
May 6, 1982
Garfield County Coufnissioners
P. 0. Box 640
Glenwood Spriggs, Colorado 81602
Frank A. Traylor, M.D.
Re: Los Amigos Preliminary Plat, Filing No. 1 and No. 2, Subdivision No.
2, Garfield County
Gentlemen:
Terry Howard requested our assistance in evaluating the technical feasibility
of the wastewater treatment alternatives for the above subdivision. The
County must basically decide in their planning process between requiring
central sewage collection and treatment or individual sewage disposal sys-
tems. This subdivision has'several site constraints that make either alter-
native fairly expensive, but I believe that either alternative could work
with almost equal success.
I have visited the site and discussed the alternatives with Terry Howard,
The Colorado Department of Health cannot make a determination as to which
system should be allowed however, because this duty by statute has been
placed with the County. If you should have any further questions on the
technical feasibility of the alternatives, please call me.
Sincerely,
FOR DIRECTOR, WATER QUALITY CONTROL DIVISION
52'1,
John R. Blair
District Engineer
JRB/zp
cc: Terry Howard, County Sanitarian
Greg Hoskins; Nelson, Hoskins, Groves, & Prinster
Denver Office
File
125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303) 245-2400
• •
WALTER E. BROWN 111
ATTORNEY AT LAW
1131 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(303) 945-2361
May 3, 1982
Mr. Earl Rhodes
County Attorney
Garfield County Courthouse
8th and Colorado
Glenwood Springs, CO 81602
Mailing Address;
P.O. Box 1512
Glenwood $prinpe, CO 81602
RE: PLANNING COMMISSION MEETING REGARDING LOS AMIGOS RANCH
SUBDIVISION
Dear Earl:
197
This is to confirm that I have obtained a copy of the agreement
between Spring Valley Sanitation District and the Los Amigos
Ranch dated October 30, 1981.
I would refer you to the third whereas clause in there as well as
Paragraph 4(A), Paragraph 5 and Paragraphs 9 and 11.
It appears to me that the Planning Commission may have exceeded their
authority in requiring that there be evidence of a contract. between
Spring Valley Sanitation District and the Los Amigos Ranch Partner-
ship which protected CMC from expansion of the sewer plant in the
event the EQR's were used up by Los Amigos otherwise on the project.
Nonetheless, the agreement I have attached hereto was executed by
Tom Neal, even though the copy I have was without his signature,
and I believe this agreement would satisfy any such requirement.
This is to advise you, however, that we consider this requirement
to be an ultra vires action by the Planning Commission and we wish
to have this letter made of record.
In short, while the Planning Commission requirement may be beyond
its limits of authority, it appears we have already agreed to what
they were so concerned about in October of 1981.
Kind
k
st rg�acp
(U
Walter E. Brown III
WEB:mbj
cc: Malcolm Wall
Gregory K. Hoskin
• •
Roaring Fork School District RE -1
Box 820
Glenwood Springs, Colorado 81602
Telephone (303) 945-6558
Mr. Paul Mannino,Planner
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: LOS AMIGOS RANCH, SUBDIVISION #2
Dear Mr. Mannino:
NICHOLAS R. MASSARO, Superintendent
DWIGHT L. HELM, Assistant Superintendent
ROBERT D. LAFFOON, Assistant Superintendent, Business
March 11, 1982
As I indicated to you in our meeting on March 3, 1982, the Roaring Fork
School District is very concerned that the intentions of original developers
be carried out with regard to a school site dedication.
At the regular meeting of the Board of Education held March 8, 1982, the
Board reaffirmed its request to the County Commissioners for a school
site dedication from the Los Amigos project.
I'm enclosing copies of some previous correspondence on the subject. As
you can see, the school site in question had already been surveyed and
staked out. Preliminary agreements were drawn but never completed due
to internal project problems and pending litigation according to our
information.
The School District respectfully requests that you inform the Planning Com-
mission and County Commissioners of our continued request for a 13 acres
future school site in the Los Amigos development.
Sincerel yours,
Nicholas R. Massaro
NRM/mw
Encl.
• •
Septe►nbe.& 26, 1979
Gail.6iad County Cornnli44-i.oneA4
Ganv.ie.ed County Cocat Hou e
GZenwood Sph.i ►'La , Cotahado 81601
dean Coninu szio►LeJvs :
!fit .tlie ae3u,La1L r;iee .inij I:oCULl11t, FS610o.E. V'.i6thiCt
udand O. Lduca-aon, iLexd Sej_),temL^e'L 24, 1979, t(Le 6aand met
airictin tepi.ezentat1.ve6 O ,Illi'_ Lob A►n-L!_jo4 deve.JLo; .neat
phaject to Ca►LSddeit. :tYLC'JL L1ctteb jvtapoSad ayheeiliLnt. Aiiteh
dc.00L.LS•5-COJL, ,;LC jO Ed!t LtLcy i;o QUI!. : 'a5 ?;lade al id u.na►LLr'YowwJy
apphaved:
rio;t4okL
Ly i tIL. 1 LLLe4O L - 1 move. .t,iLcot ,tile Sch.00t .Ldand asL .the
Low.d o C Gc16'1.L'! LOY.'r► i,i.zL OU JL5 L.o hC' icce-s t -(..0 Jh1 PLOY,: Lo3 A .L.o6
x(.11 -the Citount ;LChCt00%LC he_uLL;.S.ter, •Z=;c ULteeJL aC/L , CLJIJ .t'Leif
ZO11C . a.u. .Lfl ,suc.,L CLS -:i i'' tie -('L'9 .0LequCJLed
(.a.J. E,CO}Li;,.ect ti'C•CE.: A]e - h. .'CJ_Ge,.E'.,
ilL. Ho)L ca;L, ^ .:LS . i !a,'.j 1d.ahe, , dos . .,C;:Y;i a►[ i r iiL. T;cLL Y1.
The. 60 v.Le:/S .the phopeJLt,i Ue-sci-L e.,1 -Lrl a cLcianie.nL Lx;LibLt A''
a6 a de—ihabZe po.tei tLae school ,site neeL:ed {JL .t;Lc. utuhe.
S.i.►LCelLc? E ! 1(0L0,5 ,
;vi,C Lo Las .Z. fias4aho
FLe
E ne2ostme
cc: Ray daedw.in, County nanny'.
•
TELEPHONE 303-945-8571
':.ci cry/ 7:2
2
WILLIAM D. JOCHEMS
ATTORNEY AT LAW
811 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81601
Mr. Nicholas R. Massaro
Superintendant - Roaring
Fork School District RE -1
1405 Grand Avenue
Glenwood Springs, CO 81601
August 31, 1979
RE: Los Amigos School Site
Dear Mr. Massaro:
POST OFFICE BOX 195
As you know I represent the developers of thegLos Amigos Planned
Unit Development and that we are now attempting to reach a final
agreement with Garfield County and RE -1 concerning the school site
in the Los Amigos PUD. The Los Amigos developers and Sun Designs,
their planners, have worked with the school district in the selection
of the 13 acre parcel which is now apparently deemed to be a suitable
site by all parties concerned. The plan for the Los Amigos property
nas been developed in reliance on the school site being used for only
school purposes and the developer is quite concerned about the land
ending up in the ownership of another developer who would then put the
land to a use which was inconsistent with the Los Amigos plan.
In the form of agreement which we presented to the School District
on Monday, August 27, 1979, there was a provision for the developer
to re -purchase the property in the event the school board chose not
to use the property for school purposes. The purpose of this prov-
ision was, in part, to give the Los Amigos developer protection against
other developers acquiring the property. This provision was apparently
deemed to be unacceptable to tae school district so the developers have
reconsidered the situation and now propose the enclosed agreements
.U�+ r1LU 111
7/6%7%S- 3 -i
SUNDESIGNS ARCHITECTS
June 29, 1979
ARCHITECTS PLANNERS SOLAR CONSULTANTS
Mr. Nicholas R. Massaro
Superintendent
Roaring Fork School District RE -1
P.O. Box 820
Glenwood Springs, CO 81601
REF: LOS AMIGOS P.U.D. - PROPOSED SCHOOL SITE
Dear Mr. Massaro,
This letter is a review of our discussions with the Roaring Fork
School District Board of Education to date and a response to your
letter to Mr. Ray Baldwin dated June 12, 1979.
On April 10, 1979, Mike Dakan and I made our initial presentation
to the Board. We discussed such items as: the overall Los Amigos
P.U.D. and its phasing; the d.u. ration to school site acreage;
the initial phase development; the availability of all utilities;
the proposed site and its relationship to C.M.C. We returned two
weeks later, on April 24, and made a more specific presentation.
The site size was increased to 13 acres (up from 12 acres) to com-
pensate for the 1 acre access link. A site plan sketch showing
possible parking, school size and outdoor activity areas was hand-
ed out to Board members and discussed. Two general areas of con-
cern were then discussed.
The first centered around site access. The proposed access is
off CR 114 through a 100' wide x 460' corridor. The topography
along the access corridor is such that a cut will be required.
A road constructed to county standards would require an approxi-
mate cut of 8770 C.Y. By no means insignificant, this cut can be
seen in perspective when compared to the potential for earthwork
on the school site of 43,000 C.Y. Another concern with access was
visibility at the intersection. Proper contouring at the entry to
the school will insure adequate vehicular visibility. This can be
done because of the straight road to the east and the outswinging,
long radius curve to the west. It was our feeling, at that meet-
ing, that these concerns were addressed and somewhat resolved.
The second area of concern expressed by the Board was that of
water availability. There is adequate water supply for all of
Los Amigos P.U.D. We indicated that water would be made available
to the school. It was suggested that the District's Attorney and
1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201
• LOS AMIGOS P.U.D • PROPOSED SCHOOL SITE 411
June 29, 1979
Page 2
the Los Amigos P.U.D. attorney get together and work out details
on water. Mr. Bill Jochems represents Los Amigos and is availa-
ble to discuss this subject at your convenience.
Water and sewer service for the school site have been integrated
into an engineering studies for this project. Both are availa-
ble at the school site boundaries at no cost to the School Dis-
trict. However, with the formation of the Sanitary District and
Water District, there will be tap fees and service charges to
the School as set forth by these Districts. It is our understand-
ing that the School District is excluded from ad valorum tax.
Since the April meetings we have confirmed the existence of a
well on the school site. The well and water supply line may be
excluded from the final legal description of the school property
but would be available for school use.
In your letter of June 12, 1979, you expressed concern about site
access and water, which I have addressed previously in this let-
ter, and also indicated concern for the proposed commercial site
adjacent to the school. It is not our intention that this area
be "service" commercial; rather it would be used for special use
to the P.U.D. development, C.M.C. and elementary schools which
could not be zoned under any other classification (for example, Day
Care) .
I hope this letter answers the questions and concerns raised in
your June 12 letter. We are available, at your convenience, to
discuss these matters further.
Sincerely,
Richard L. Dart - Architect, AIA
cc: Ray Baldwin
RLD/cg
KKBNA
Scarrow Walker
Incorporated
Consulting Engineers
Land Surveyors
n,il'. Ilq).
�.r nrd,a
a c ,,..t_., .a .. i•a Gil
SCHOOL SITE DESCRIPTION
A parcel of land situated in part of Government Lots Six and
Eleven of Section 5, Township 7 South, Range 88 West of the
Sixth Principal Meridian in the County of Garfield, State of
Colorado. Said parcel lying northwesterly, in part, of the
northwesterly right-of-way line for County Road Number 114
(College Road), said right-of-way line being 30.00 feet north-
westerly of and parallel to the centerline of said county road
as constructed and in place, easterly, in part, of the east-
erly line of Los Amigo Ranch, Filing Number One, and westerly,
in part, of the westerly line of a tract or parcel of land as
described in Document Number 256352 (being Book 438 at page
540) as on file in the Garfield County Records (Note: Bear-
ing of said westerly line has been rotated 00°12'12" right
to match basis of bearings) said parcel being more particu-
larly described as follows:
Beginning at the Northeast Corner of Section 8 in said town-
ship and range, a stone corner found in place and properly
marked; thence N. 29°30'23" W. 1005.43 feet to the Southeast
Corner of said Los Amigos Ranch, Filing Number One, a rebar
and cap in place, said corner being also on said northwester-
ly right-of-way line, the True Point of Beginning; thence,
leaving said right-of-way line, N. 25°44'45" W. 539.32 feet
along said easterly line to a rebar and cap in place; thence,
leaving said easterly line, N. 25°44'45" W. 482.56 feet;
thence N. 64°15'15" E. 1047.66 feet to a point on said wes-
terly line; thence S. 00°00'12" W. 644.75 feet along said
westerly line; thence, leaving said westerly line, S. 64°15'
15" W. 667.56 feet; thence S. 25°44'45" E. 447.39 feet to a
point on said northwesterly right-of-way line; thence S. 67°
49'48" W. 100.20 feet along said northwesterly right-of-way
line to the TRUE POINT OF BEGINNING.
Said parcel containing 13.12 acres, more or less.
Bearings for this description were based on a bearing of S.
88°54'23" E. between the Northwest Corner of Section 5, Town-
ship 7 South, Range 88 West of the Sixth Principal Meridian
and the North Quarter Corner of said Sebtion 5.
June 28, 1979
KKBNA/SCARROW & WALKER, INC.
1001 Grand Ave.
Glenwood Springs, CO 81601
•
Roaring Fork School District RE -1
P. O. Box 820
Glenwood Springs, Colorado 81601
Telephone (303) 945-6558
July 11, 1979
Mr. Richard Dart
1315 Grand Avenue
Glenwood Springs, CO 81601
Dear Mr. Dart:
NICHOLAS R. MASSARO, Superintendent
DWIGHT L. HELM, Assistant Superintendent '
WALLACE M. PARKER, Assistant Superintendent, Business
On July 9, 1979, the Roaring Fork Board of Education discussed
your letter of June 29, 1979. Concern was expressed by the Board
of some items in your letter.
The Board is still troubled by the proposed access. They feel
that an excessive cut would have to be made if the grade of the
entrance is kept to a year -around safe ingress and egress. Also,
the visual factor is limited. A much better access would be to
the west of the proposed site.
Another concern of the Board is arrangements for sewer and water
to the site. It is the Board's opinion that this should be pro-
vided to the property line at no coat L, the district. They sug-
gest that the Los Amigos attorney draw up a document spelling
this out so that it can be referred to the school district's at-
torney. If you have further questions, please feel free to con-
tact me.
Sincerely yours,
Nicholas R. Massaro
NRM:fjs
cc: Ray Baldwin
•
A(.REEME_NT
THIS AGREEMENT is made and entered into this day of
August, 1979, by and between ROBERT CHATMAS, THOMAS NEAL, and
JAMES A.R. JOHNSON, hereinafter called ("Subdivider"), and the
ROARING FORK SCHOOL DISTRICT, RE -1, hereinafter called ("RE -1")
and GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ("Garfield
County") .
1. Recitals.
a) Subdivider own approixmately 1,472 acres of
property in Garfield County, Colorado, upon
which they have obtained a planned unit devel-
opment zone district designation from the
County Commissioners of Garfield County.
b) Subdivider is seeking to subdivide the subject
property into approximately 568 dwelling units,
which are comprised of both single family and
multi -family structures, and to establish com-
mercial property of approximately 17.6 acres.
c) Subdivider, RE -1, and Garfield County have agreed
that the 13 acres described on the attached
Exhibit "A" constitute sufficient site and land
area for schools which may be reasonably neces-
sary to serve the proposed subdivision and the
future residents thereof.
d) Subdivider had developed a plan for the balance
of his 1,472 acres in reliance upon the school
site being used only for school purposes. Sub-
divider intends that said property be used only
for said purpose and feels other uses might have
a detrimental use on the balance of the planned
unit development..
• •
IHEREFCT?S _±Ji . 'er and RE -1, and Carfield
County hereby covenant and agree as follows:
1. Subdivider shall dedicate said property to
Garfield County as trustee for RE -1 on or before
Title shall be free and
clear of all liens and encumbrances except taxes
for the year of conveyance and easements, rights-
of-way, and mineral reservations of record and the
reservation of an easement to maintain and operate
a water well and the restrictive covenant regarding
use of the subject property, all as hereinafter
set forth.
2. Restrictive Covenant.
The instrument by which the land shall be conveyed,
or dedicated shall contain the following provisions:
"The subject property shall be used
only for the purpose of erecting and
maintaining a public school or schools,
or for parks and related facilities.
This shall be deemed a covenant running
with the land which is for the benefit
of, and may be enforced by, any owner
of property within the Los Amigos Planned
Unit Development. The foregoing restric-
tion shall be binding upon the subject
property from date hereof until December
31, 1999.
3. Water Well
Subdivider shall reserve from the dedication an
easement for the purpose of drilling, operating
and maintaining, repairing and replacing the water
well and pipeline from the water well in their
location decscribed on the attached Exhibit "B".
Subdivider further reserves sole ownership of all
water rights adjudicated to said well.
-2-
•
4. Water and Sewer Pipelines.
On or before , Developer shall
install a sewer line of not less than 8 inches in
inside diameter to the boundary of the subject
property and a water line of not less than 2
inches in inside diameter to the subject property.
The water and sewer lines shall be connected to
the water and sewer system established by the
Subdivider to serve the buildings in the Los Amigos
first filing. RE -1 shall pay all tap fees and
user fees which may be charged by an entity which
ultimately owns the water and sewer system.
Robert Chatmas
Thomas Neal
James A. R. Johnson
ROARING FORK SCHOOL DISTRICT,
RE -1
By
GARFIELD COUNTY BOARD OF
COUNTY COMMISSIONERS
By