HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.821 2 F acsimile: 970. 38 4.347 0
Subdivision Application Form
GENERAL INFORMATION
(To be completed by the applicant.)
} Subdivision Name: __Elk Springs, Filing 7_______
) Type of Subdivision (check one of the following types):
Sketch Plan ___-_ Preliminary Plan Final Plat ---X----
) Name of Propertv Owner (Applicant):----Elk Springs, LLC , c/o Gary McElwee
F Address ___2929 County Road 114__-------- Telephone: --945-6399--------
F City: ___Glenwood Springs-- State: --CO-- Zip Code: -81601-- FAX: -945-6399-
F Name of Owner's Representative, if any (Attornev. Planner, etc):
Balcomb & Green, P,C., c/o Lawrence R. Green
F Address: __8'18 Colorado Avenue Teleohone: 945-6546
F City:--Glenwood Springs--- State: --CO-- Zip Code: -81601- FAX: -945-9769-
F Name of Enqineer: Schmueser Gordon Meyer
) Address'. __118 West 6th ________ Telephone: _945-1004________-
) City: _Glenwood Springs____ State: __CO--- Zip Code: -81601- FAX: -945-5948-
) Name of Survevor: Schmueser Gordon Meyer
) Address:Telephone:
F City:State: Zip Code: ------- FAX:
) Name of Planner: N/A
) Address:Telephone:
) City:State: Zip Code: __----- FAX:
Rtctrlto
,"J"1: :7 2005
GENERAL INFORMATION continued...
) Location of Property: Sections -31 &32- Township -6 S.----- Range---88 W.---
) Practical Location / Address of Property:(above) and Sections 5 & 6,T.7 S., R. 88 W.
Off County Road 114, a subdivision of Los Amigos Ranch PUD ----
} Current Size of Property to be Subdivided (in acres): __451.14------
) Number of Tracts / Lots Created within the Proposed Subdivision: +aLots, prusopenspaceparcers
) Property Current Land Use Designation:
1. Property's Current Zone District: ____-PUD
2. Comprehensive Plan Map Designation: --Los Amigos Ranch PUD
Proposed Utility Service:
F Proposed Water Source:-Wells - central system owned by Elk Springs HOA------
) Proposed Method of Sewage Disposal: _Central - Spring Valley Sanitation District--
F Proposed Public Access VIA: -_County Road 114; private roads
) Easements: Utility:
Ditch:
) Total Development Area (fill in the appropriate boxes below):
) Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on
Single-Family
and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at
the next BOCC meeting to be placed on the consent agenda with a request to
authorize the Chairman of the BOCC to sign the plat.
Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and
Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet
thereafter. This fee shall be paid by the applicant. This act of recording the signed Final
Plat represents the completion of the Garfield County Subdivision Process.
Please refer to the specific language in the Final Plat portion (Section 5:00) of the
Subdivision Regulations for specific timelines and additional responsibilities required of
the applicant to complete the Final Plat process.
Please Note: This information presented above is to be used as a
genera! guide for an applicant considering a subdivision in Garfield
Gounty. lt is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on-!ine at:
http :/lwww.garfield-cou ntv.com/bu i ld i nq and- pl a n n i nq/i ndex. htm
in order to ascertain all the necessary requirements for each of the
three steps including Sketch PIan Review, Preliminary Plan Review,
and Final Plat Review.
I have read the statements above and have provided the required attached information
which is correct and accurate to the of my knowledge.
for Applicant
6t17t2005
Date
Last Revised : 1 1 121 12002
BALCOMB &
By:
GARFIELD COUNTY BUILDTNG AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Elk Sorinss. LLC
1. APPLICANT has submitted to COLINTY an application for
Final Plat for Elk Sprinss, Filine 7 (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COLfNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COLfNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COLINTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
BALCOMB &REEN, P r-
for Applicant
Print Name
Mailing Address:
P.O. Drawer 790
Glenwood Sprines. CO 81602
rence R. Green,
6-17-200s
Page 4
IBALCoMB & Gnppx, P.C.
ATTORNEYS AT LA.w
P. O. DRAWER 790
8I8 COI,ORADO AVENUE
GT,EN.WOOD SPRTNGS, COLOR-IIDO a l602
EDWARD MULHALL, JR
Scorr BALCoMB
L.AWRENCE R. GREEN
TrMorHY A. THULSoN
DAVID C, HALLFoRD
CHRTSToPHER L. CoYLE
THoMAS J. HARTERT
CHRTSToPHER L. GETGER
ANNE MARIE N4CPHEE
SARA M. DUNN
DANIEL C. WENNoGLE
oF CouNsEL:
KENNETH BALcoMB
JoHN A. THULSoN
SPEcral CoUNSEL:
WaLTER D. LowRYTE)LTIPIIoh-E: I 7O.94 5.6546
F-{(.rsr}rrLE: I 7O.9.r5.9769
www.balcombgreen.com
June I 7 ,2005
VIA HAND DELIVERY TO:
Mark Bean, Planning Director
Garfield County Building and Planning Department
108 8'h Street, Suite 20i
Glenwood Springs, CO 8i601
Re: Elk Springs, Filirtg 7
Dear Mark:
I am herewith delivering to you an application for Final Plat approval for Elk Springs, Filing
7, a subdivision of Los Amigos Ranch PUD. The within application consists of the following
documents:
1. Garfield County's Subdivision Application Form, together with the Agreement for
Payment Form.
2. Three copies of a proposed Final Plat, consisting of three sheets.
3. Three copies of drawings consisting of two sheets entitled "Record Map, Filing 7"
which are the as-built drawings for the sewer, water and other utility lines within the Final Plat.
4. Three copies of the construction drawings for the roads within the Final Plat,
consisting of eight sheets.
5. Three copies of a proposed Subdivision lmprovements Agreement which provides
that all subdivision improvements for Elk Springs, Filing 7 have already been completed.
6. Three copies of letters from Dean W. Gordon, P.E., Project Engineer, Greg Boecker,
Project Manager, and Dow Construction, General Contractor, certifying that all public improvements
Ilr\LCloNIll ct (itttdtr)N, I'.C.
r\'l"l'ORNIDI'S .^'l' t,\\V
Mark Bean, Planning Directors
have been installed in accordance with applicable construction documents
improvements are operational.
June 17,2005
Page 2
and that those
7. Three copies of a Supplemental Declaration by which Elk Springs, Filing 7 will be
annexed to and made apart of the Elk Springs Homeowners Association, lnc.
8. Our check in the amount of $200.00 which we understand to be the applicable fee for
this Final Plat application.
You will recall that Elk Springs, Filing 7 is one of the later filings of Los Amigos Ranch
PIID, and as such is subject to the conditions of approval found in Resolution No. 96-34, the
Resolution approving the amended Los Amigos Ranch PUD; Resolution No. 98-30, the Resolution
approving the Preliminary Plan for Los Amigos Ranch, Filings 6-10; and Resolution No. 99-102,
the Resolution approving the Amendment of the Approval of a Preliminary Plan for Los Amigos
Ranch, Filings 6-10.
In hopes that it will facilitate your review of the within application, I would like to point out
the way in which certain of the conditions of the foregoing Resolutions have been satisfied.
RESOLUTION NO. 98-30:
Condition No. 2: All homeowners association documents were approved by the
County Attorney's office in connection with the Final Plat for Elk Springs, Filing 6. The
Supplemental Declaration enclosed herewith brings Filing 7 within the same homeowners
association regime.
Condition No. 3: The SIA enclosed herewith provides for the payment ofthe required
$200.00 per lot road impact fee.
Condition No. 4: A11 recommendations of the Colorado State Forest Service
regarding wildfire protection were incorporated into the homeowners association documents,
including the design guidelines, which were submitted and approved in connection with Elk Springs,
Filing 6. By virtue of the Supplemental Declaration enclosed herewith, Elk Springs, Filing 7, will
be subject to the same requirements.
Condition No. 9: The application for Elk Springs, Filing 7 is consistent with the
phasing plan approved in Resolution No. 98-30.
RESOLUTION NO. 99-102:
Condition No. 2: All of the Los Amigos Ranch property not already within the
Carbondale & Rural Fire Protection District was annexed to the District prior to the approval of Elk
IlAr,coNrB & CiRDrtN, I'.C.
A,I"I'OIINI'YS A'I' LA\v
Mark Bean, Planning Directors June 17,2005
Page 3
Springs, Filing 6. It is anticipated that Elk Springs, Filing 7 will be required to pay the current per
lot impact fee to the Carbondale & Rural Fire Protection District for each of the 48 lots within this
Final Plat.
In all other respects, the within application is made in accordance with the conditions of
approval of Resolutions 96-34, 98-30, and99-102.
Thank you for your attention to this application. As always, I look forward to working with
you to obtain County Commissioner approval of this Final Plat.
Very truly yours,
LRG/bc
Encls.
BALCOMB & GREEN, P.C.
April 7,2005
Lany Green, Esq.
Balcomb & Green, P.C.
Attorneys at Law
P.O. Drower ?9Q
Glenwood Spriugs, CO 81602
RE: filing 7, Elk Springs Subdivision
Publif. Infrostru,gture ImproveJnents
Dear Larry:
In my capaoify a$ the Ranch manager for Los Amigos Ranch, LLC, I supervised the
oon#,rct]ion of publio infrastruoture improvements for Filing 7' The contrac'tor for the
improvements was DOW Conshuction Company, [nc'
This is to certify that the public utility systems and roadway inftastructure facilities were
installed in their entirety and were installed in compliance with approved construction
ao.o*.ntr. All systems have been tested and are ready tbr their tntended use.
Sincerely
4 6=.eab---=
Gld Boecker
Project Manager
za :9?d FHS: 'E SD9II,..IV SDI 65e 9Et5Bl6 6e iza 1aaz !9z,tEa
\,
DOf,',{l INC.
8lz4l04
Deen Gordon
Schmuescr, Gordon & MeYer
Il8 w- 6r Strea
Ste.2oo
Glcrrwood Springs CO 81647
Projec-t: EIk Springs Subdirnsion
ng! Constructtn Proceaures for Utility Trenches and Road Constnrction in
Filings 5,6,7,8&,9-
After a right ofway ha.s heen flagge{ we begin by the clearing oftrees and brush-
Then topsoil is stoclqpiled br placed at thl-side of the roadway. After clearing and
SrubUiag a road surface ruas established by cutting arrd filling ts re4urred.--Equipnreot
utitizeOlBulldozers- Bxcavators, Loaders, sheep foot arld smooth drum rollers, water
truoke dump trucks, etc. Fills were placed in approxmately I foot loose lifts and
uorrpactcd to at lsast 95 Vo standard proator density. Tha finn of H-P Ge+tech wag hired
to establish water content and compao:trve effort needed to achieve this. Due to the fochy
environrnenr borrow pits we,ro established- This was rocessarT to produce fines, Fines
werc used to establish a satisfastory road bed. The borrow pits werc then used as a burn
#a for clearing debris and a bury pit for oversize boulders. The pits were then covered
with soil and revryitated. After a roadbed had been esnablishe{ utiliSr rxruslluuliou
U"g* Utility trerrih locations were established, A bulldozer with a 42" ripper followed
tfrJ alietrment makjng a lrench that sras theo trIIed with water Ttre water fuck was
equipp"ed with a special nozzle fabricated to ejeot water directly into the trench. This
pro*d*" greatly enhauced the mrxing of earth and waterforthe bacl<filling procedure'
-A.fter
ttre pipe and fittings were placed, the pipe was bedded in a special material free of
roiks grearerthan ,/i i siz,e- A t foot layen of Uris bedding was placed and cornpacted.
Compl6ion prOcedures were frequuntly Lcstctl I;y geo-tcohs to assure moisturo contcnt
and soil do"s1ty. After the beddiog procedure was completed additional utilities were
then placed ani ttre above mentioned bedcling technique was repeated. Affer sll utilities
were'installe{ ttre renrainder ofthe trench was bacld.lled using the same method- When
the utilities have been constructed, tested, and approved by the proper experts, the road
CANSTIT{-ICTIOI{. CC-
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bed was reestabiished, This is achieved by scarifring, u,atering, and rolling. AII top
eoiling and clean up effo* occur at this ii"'e. Before gravel placement begros, a proof
roll test is performed in the presence of a geo+ech or engineer. This is accornplished by
ul;serving ths road surface underthe whccJs of a fully loadcd drrurp tmckor watcttnrok
lf any movefient is noted tbe area is marked ald reworked untrl the failure is remedied.
Afler the proofroll is approve4 the gravel placement will begin A filter frbric was
placed between the sub-grade and gravel. It is placed between the sub-grade aud the road
Lase to prevcnt integratiorr. fhe filter fabric is rolled out in fiont of tbo trucks dumping
gravol. The fabric is held in place by grade stakes. The gnade stakes provido alignment
and elwation location. Thegravel is manipulated into placeby a motorgrader, rollers
and watcr trucks. Tho goal is to aohieve emoothneee, grode, slope, &arnage end density
to rnake an all weatlrer surhce. Again a geo-teclr is usod to assure moisture content and
density. Be assured that overy effic* was made to assure a qualify and safe productto the
best of our ability.
SincerelVQ>\7
Dow Rippy /
President, Dow Cortstrr.clion CO. Inc.
',,n
'-'a'--'tr*i{/Lr/
Joel-undeen
Supervisor, Dow Construction CO. tnc.
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?SU PPLEM ENTAL DECLARATION FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY. COLORADO
THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOPMENT, GARFIELD COUNTY, COLORADO (Supplemental Declaration) is made
and declared this day of ,2005, by ELK SPRINGS, LLC
a Colorado limited liability company (Declarant).
RECITALS
A. Declarant is the owner of certain real property situate in Garfield County,
Colorado, and more particularly described in the Final Plat for Elk Springs, Filing 7, a
Subdivision of Los Amigos Ranch PUD, ("Final Plat"), filed for public record in the Office
of the Clerk and Recorder, Garfield County, Colorado as Reception No.
B. Declarant has previously recorded that certain Amended and Restated
Declarationof Covenants, Conditionsand RestrictionsforLosAmigos Ranch Planned Unit
Development, Garfield County, Colorado (Amended and Restated Declaration) on
February 15, 1991 in Book 799, Page 48 o'f the Garfield County Clerk and Recorders'
records as Reception No., 421306.
C. Declarant desires to annex allthose properties contained within the Final PIat
pursuant to this Supplemental Declaration and thereby subject said annexed properties
(hereinafter "Additional Properties") to the Amended and Restated Declaration and the
additional covenants, conditions and restrictions set forth below.
NOW THEREFORE, Declarant hereby makes the following declaration of
annexation of the Additional Properties and declarations of additional covenants and
restrictions a ppl icable thereof:
ANNEXATION OF ADDITIONAL PROPERTY
1.1 TheAdditional Properties contained within Elk Springs, Filing 7, a Subdivision of Los
Amigos Ranch PUD, as more particularly described on "Exhibit A" attached hereto, are
hereby annexed pursuant to Article lV of the Amended and Restated Declaration.
1.2 The Additional Properties are hereby made subject to all provisions set forth in the
Amended and Restated Declaration.
'1.3 The Additional Properties are hereby made subject to the additional covenants,
conditions and restrictions set forth in this Supplemental Declaration.
.
ADDITIONAL COVENANTS, CONDITIONS AND RESTRICTIONS
2.1 Minimum Size of Dwellings Every residential dwelling unit constructed on a single
family lot shall have a minimum foundation footprint of 1,600 square feet, exclusive of
garages, porches and patios.
2.2 lrrigation Single family lots shall not irrigate more than 3,000 square feet of land.
2.3 Central Sewer Systems All single family lots in Elk Springs, Filing 7, a Subdivision
of Los Amigos Ranch PUD, are within the Spring Valley Sanitation District boundaries and
must connect to its central sewage treatment system for sewage treatment services. No
individual sewage disposal systems are allowed.
2.4 Central Water System All water rights and water facilities which comprise the
domestic water delivery system for Elk Springs, Filing 7 are owned by the Elk Springs
Homeowners Association, lnc. The Association shall have the power to own, operate,
maintain, repair and replace the water delivery system and to levy reasonable charges
therefor pursuant to Section 4.8 of the Amended and Restated Declaration, and shall have
the further power and authority to levy assessments in connection with the ownership,
operation, maintenance, repair, and replacementof thedomesticwaterdeliverysystem in
accordance with Article V of the Amended and Restated Declaration.
2.5 Pet Control All pets must be kept under strict owner control at all times. No more
that one adult dog and no more than an aggregate of three cats and dogs may be kept on
a single family lot. The Board of Elk Springs Homeowner's Association has promulgated
rules and regulations regarding pet ownership and control, and may levy pet assessments
for violations of said rules and regulations. By way of example, owners may be assessed
for pets found roaming free of owner control, or disturbing neighbors or wildlife. Said pet
assessments are enforceable as set forth in Article V., Paragraph 5.5 of the Amended and
Restated Declaration. Nothing contained herein or in said rules and regulations shall limit
the right of the Board to modify said rules and regulations, determine a pet is a nuisance
and require it's removal from Los Amigos Ranch P.U.D. Properties, nor limit the right of Elk
Springs, LLC or any owner of Los Amigos Ranch P.U.D. property to enforce their property
rights.
2.6 Fire Protection The Additional Properties are forested with mature pinion and
juniper trees. ln order to reduce the danger to homes from lighting induced crown fires,
all Homeowners shall create a defensible space by thinning trees within 30 feet of their
homes so that the crowns of trees are at least 10 feet apart. This defensible space should
be increased on the downhill slope of homes. Dead branches, limbs, trees and debris shall
be removed from the defensible space area. Roofs shall be constructed of
noncombustible materials.
2.7 Fireplaces Woodburning appliances in each single family dwelling unit shall be
limited to one Colorado Certified woodstove. Natural gas appliances may be used freely.
2.8 Animal Proof Trash Containers All trash and trash containers shall be stored within
an enclosed building except on the same day it is set out for pick-up, or alternatively, all
trash shall be stored in containers that have been designed and constructed to prevent
bears and other animals from gaining access to the contents of the containers.
1
IN WITNESS:
of
WHEREOF, Declarant sets its hand and seal this day
2005.
ELK SPRINGS, LLC
A Colorado limited liability company
Thomas E. Neal, Manager
STATE OF |LLTNOIS )
)ss
couNTY oF cooK )
The above and foregoing document was acknowledged before me this _ day
2005, byThomas E. Neal as Managerfor Elk Springs,
LLC, a Colorado limited liability company.
Witness my hand and official
Notary Public
My commission expires:
My address is:
8&
&A SCHMUESER I GoRDoN i ME/ER
%/ ENctNEERs & suR'/EYoFs
May 18,2005
Balcomb & Green, P.C.
Attorneys at Law
P.O. Drawer 790
Glenwood Springs CO 81602
RE: Filing 7, Elk Springs Subdivision
Status of Public lmprovements
Dear Larry:
At your request, I have reviewed the status of required public improvements for the above-
referenced project. Those improvements would generally consist of the construction of utilities
and roadway improvements within Filing 7 and consistent with prior Preliminary Plan approvals.
Aitached hereto are letters from Dow Construction, the contractor of record; H-P Geotech, a
letter referencing compaction testing and site observation; and Mr. Greg Boecker, owner's
representative, who provided project ma nagement du ring construction.
Based on the above-referenced letters and a visual site inspection conducted by myself, to the
best of my knowledge, all required utility and roadway infrastructure improvements have been
completed within Filing 7 and appear to be in compliance with applicable construction
documents.
I trust this is sufficient for your needs to document the completion of the necessary infrastructure
for Filing 7.
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
DWG:lec\1 502C-27
cat:s rtD tsufir
P-o. Box 3088
CRESTED AUTTE, CO A I ?24
970-349-5355
Fxr 970-349-5358
aJ ..t: r:' ir )1C D ii ia 11 $1 <:)l
I IB W, 6TH. SUITE 2OO
cLEMooo sPRrfi6s, co I l@ I
97()-945- I OO4
Fx: 970-945-5944
P.o. Box 2155
ASPEN,coBl6l2
970-525-6727
Fxi 970,925-4 157
111981\01502\C\27 - Filing 7 Final Plat\5'18-05 ltr to Green.doo
$u(f"riq /,7,
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SUBDIVISION IMPROVEMENTS ACREEMENT
ELK SPRII\GS, FILING 7,
A SUBDIVISION OF LOS AMIGOS RANCH P.U.D.
THIS AGREEMENT is made and entered into this _ day of September, 2005, between
ELK SPRINGS, LLC, a Colorado limited liability company (hereinafter referred to as "Owner") and
the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO
(hereinafter referred to as the "County");
WITNESSETH:
WHEREAS, Owner is the owner and developer of certain real property located within
Garfield County, Colorado, known as Los Amigos Ranch P.U.D., as approved and more particularly
described in County Resolution No. 96-34; and
WHEREAS, preliminary plan approval was issued by the County for that portion of the Los
Amigos P.U.D. designated as Elk Springs, Filing 7, under the terms and conditions set forth in County
Resolution No. 98-30, as amended by Resolution 99-102; and
WHEREAS, both the PUD approval and the Preliminary Plan approval contemplated
development of the Los Amigos Ranch P.U.D. in phases; and
WHEREAS, Owner has submitted to the County for its approval, the Final Plat for Elk
Springs, Filing 7, a Subdivision of Los Amigos Ranch P.U.D., (hereinafter "Final Plat") for a portion
ofthe property lyng within the Los Amigos P.U.D. more particularly described in said Final Plat and
set forth in Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the
State of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the
County; and
WHEREAS, Owner has agreed to execute and deliver to the County cash or other security,
deemed suffrcient bythe Countyto secure and guarantee Owner's performance of this agreement, and
has agreed to certain restrictions and conditions regarding the issuance of building permits,
certificates of occupancy and sale of properties, all as are more fully set forth hereinafter.
NOW, THEREFORE, for and in consideration ofthe premises and the mutual covenants and
agreements herein contained, Owner and the County agree as follows:
1. Final Plat Approval.
The County hereby accepts and approves the Final Plat subject to the terms and conditions of
this Agreement, as well as the terms and conditions of Resolution 96-34, Resolutions 98-30 and 99-
102, and the requirements of the Garfield County Zoning and Subdivision Regulations.
Owner's Performance.
a. Owner has constructed and installed or will cause to be constructed and
installed, at its sole expense, those improvements related to Elk Springs, Filing 7, (hereinafter
"subdivision") which are required to be constructed by Resolution No. 96-34, Resolution No.
98-34,Resolution 99-102, the Final Plat and all Cowty Zoning and Subdivision Regulations.
The improvements set forth therein will be completed in compliance with the following:
i. all plat documents submitted prior to or at the time of the Final Plat
approval, including, the terms of the certification for improvements completed prior
to the date hereof, as well as all terms and conditions set forth on the Final Plat, all of
which are incorporated herein by reference, and made aparl of this agreement;
ii. all requirements of Resolution Nos. 96-34, 98-34, and 99-102
including all requirements of the Garfield County ZoningCode and Garfield County
Subdivision Regulations as they apply to the Subdivision.
iii. all laws of the United States, the State of Colorado, the County of
Garfield and its,various agencies and affected special districts.
iv. all terms andlor conditions andlorrequirements contained within such
other designs, maps, specifications, sketches, and/or other materials submitted to and
approved by any of the above-stated governmental entities.
b. All improvements required hereby have been constructed by Owner. Said
improvements are shown on the Certification of Costs attached hereto as Exhibit B and
include:
7;
Potable water supply and distribution systems for Elk Springs, Filing
Intemal roads, specifically Elk Springs Drive, Aster Drive andii.
Gossamer Road;
iii. Drainage features;
iv. Waste water/sewer collection system in accordance with Spring Valley
S anitation District specifications ;
v. Utility structures, including electric, telephone, cable television and gas
lines.
Page 2
of Elk Springs, Filing 7 to Elk Springs Homeowners' Association, Inc., a Colorado Nonprofit
Corporation. The Deeds shall be recorded simultaneously with the recording of the Final Plat.
8. Dedication of School Land. Owner's predecessor in interest, Los Amigos Ranch
Partnership, conveyed atract of land consisting of a portion of Los Amigos Ranch PllD for the use
and benefit of the Roaring Fork School District RE- I by dedication set forth on the Final Plat of Los
Amigos Ranch, Filing 5, Phase I, recorded August 26,1997 as Reception No. 512790, in the records
of the Clerk and Recorder of Garfield County.
9. Carbondale & Rural Fire Protection District. All property within Elk Springs which
was not previously within the municipal boundaries of the Carbondale & Rural Fire Protection
District was included within the District pursuant to its Resolution No. 005, Series of 2000. The
Owner shall comply with all requirements of said Resolution No. 005, Series of 2000 which include
the obligation to pay an impact fee of $437.00 per lot for each of the 48 lots within the Final Plat for
atotal Fire District impact fee of $20,976.00 prior to the recording of the Final Plat.
10. Sale of Lots. No lots within EIk Springs, Filing 7 may be separately conveyed
prior to recording of the Final Plat for Elk Springs, Filing 7 in the records of the Garfield County
Clerk and Recorder.
11. Enforcement. In addition to any rights which may be provided by Colorado statute,
the withholding ofbuilding permits provided for in paragraph 13 below, and the provisions for release
of security detailed in paragraph 4 above, it is mutually agreed by the BOCC and the Owner that the
BOCC without making an election of remedies, or any purchaser of any lot within the Subdivision
shall have the authority to bring an action in the Garfield County District Court to compel
enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require
the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw and
use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to
permit the purchaser of a lot to file an action against the BOCC.
12. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this
Agreement, the BOCC shall have *re ability to vacate the Final Plat as it pertains to any lots owned by
Owner for which building permits have not been issued As to lots for which building permits have been
issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the
BOCC a survey, legal description and a plat showing the location of any portion of the Final Plat so
vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is
not recorded by the Owner, the BOCC may vacale the plat, or portions thereof, by Resolution.
13. Issuance of Building Permits. As one remedy for breach of this agreement, the County
may withhold building permits for any structure within the Subdivision.
14. Indemniqv. The Owner agrees to indemni$, and hold the County harmless and defend the
County from all claims which may arise as a result of the Owner's installation of the improvements
requiredpursuanttothisAgreement. However,theOwnerdoesnotindemniflitheCountyforclaimsmade
Page 4
c. Payment of all fees required by the County and/or other govemmental
authority(ies) or special district(s) with jurisdiction, as maybe required for installation ofthe
Improvements.
d. The County agrees that if all required improvements are installed in accordance
with this agreement, the Final Plat documents, and the requirements of the Preliminary Plan,
then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning,
Subdivision, Resolutions and Regulations of Garfield County, Colorado including but not
limited to, Resolution No. 96-34 and Resolution Nos. 98-34 and 99-102 with respect to
installation of improvements.
3. Cost of Improvements. The total cost of completion of improvements related to the
subdivision, as set forth in the Certification of Costs is $1 ,457,309.16.
4. Securitlz for Improvements. No security is required as all Improvements have
previously been constructed and installed and certified as complete.
5. Water Supplyand Wastewater Collection. Owner certifies that Ownerhas heretofore
installed and connected a water distribution system for potable water and fire protection and a
wastewater collection system in accordance with approved plans and specifications. A11 easements
and rights of way necessary for installation, operation, service and maintenance of such water supply
and distribution system and wastewater collection system shall be established as shown on the Final
Plat of Elk Springs, Filing 7. Said water supply and distribution system shall be conveyed in its
entirety to the Elk Springs Homeowners Association, Inc., simultaneously with the recording of the
Final Plat. Said wastewater collection system shall be conveyed in its entirety to Spring Valley
Sanitation District simultaneously with the recording of the Final Plat.
6. Private Roads" Access for Emergency Service Providers and Road lmpact Fees. All
roads within the Subdivision shall be set apart and conveyed as private road rights-of-way to the Elk
Springs Homeowners' Association, subject to public easements for ingress and egress by emergency
service providers. The Homeowners' Association of the Subdivision shall be solely responsible for
the maintenance, repair and upkeep of said private rights-of-way, including the traveled surface of
the roadways and areas outside of the traveled surface. The BOCC shall not be obligated to maintain
road rights-of-way within the Subdivision. Existence ofprivate roads shall be noted on the Final Plat
and deeds of conveyance of the rights-of-way to the Homeowners' Association of the Subdivision
shall be recorded at the time of recording the Final Plat. All offsite road improvements for the Los
Amigos Ranch P.U.D. have previously been satisfied. ln accordance with the provisions of
Resolution 98-30 the Owner shall pay a Road Impact Fee of $200.00 per lot for each of the 48 Lots
within the Final Plat for a total Road Impact Fee of $9,600.00. This fee shall be paid prior to or
simultaneously with the recording of the Final Plat.
7 . Conveyance of Open Space and Roads. Upon the mutual execution of this Agreement,
Owner shall execute and deliver deeds of conveyance for all open space parcels and roads reflected
within the Final Plat (collectively, the "Deeds") conveying the Open Space/Common Area and roads
Page 3
ENTERED INTO the day and year first above wntten.
ELK SPRINGS, LLC,
a Colorado limited liability company
"r,
=*\L.",^ [ fu^L
Thomas E. Neal, Manager
\
By:
McElwee, Attomey-ln-Fact
BO ARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
ATTEST:
Clerk to the Board
OIWP-DOCSV:Iry Grem\los Amigos Rmch\Suuivision lmprovmts Agmt for Elk Springs, Filing 7. los Amigos Roch PUD 6- 16-05.wpd
Page 6
Chairman
asserting that the standards imposed bythe County are improper or the cause of the injuryasserted. The
County shall be required to notiff the Owner of receipt of a notice of claim, or a notice of intent to sue,
and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide
such written option to the Owner shall extingursh the County' s rights under this paragraph. Nothing herein
shall be interpreted to require the Owner to indemnify the County from claims which may arise from the
negligent acts or omissions of the County or its employees. Nothing in this paragraph shall be construed
toconstitute awaiveroftheSovereign knmunitygrantedtotheCountybyColoradoStatuteandcaselaw.
1 5. Recording. Upon execution and authorization by the County, the Owner shall record this
agreement with the Office of the Clerk and Recorder For Garfield County, Colorado.
16. Venue and Jurisdiction. Venue and Jurisdiction for any cause arising out of or related to
this agreement shall lie in the District Court for Garfield County, Colorado, andbe construedpursuantto
the laws of the State of Colorado
17. Amendment. This agreement may be amended from time to time, provided that such
amendment be in writing and signed bythe parties hereto.
18. 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 Owner, its successors, and assigns.
19 . Notice. All notices required herein shall be tendered by personal service or certified mail
upon the following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mr. Mark Bean, Planning Director
108 8th Street
Glenwood Springs CO 81601
Eik Springs,LLC
c/o Mr. GaryMcElwee
2929 Corxrty Road 114
Glenwood Springs, CO 8i601
with copy to:
Mr. Lawrence R. Green, Esq.
Balcornb & Green, P.C.
P.O. Drawer 790
Glenwood Springs CO 81602
Page 5
SURVEYORS
GLENWOOD SPRINCS
I l8 w. 6TH, SUrrE 200
GLENWOOD SPRINGS, CO A I 60 I
970-g4a- t oo4
FX:970-945-5944
EXHIBIT B
ASPEN
P.O. BOX 2155
ASPEN, CO 81612
97o-925-6727
Fxt 970-9?5-4 157
CRESTED BUTTE
P.O, BOX 3088
CRESTEO BUNE. CO E I ??4
970-349-5355
ry: 970-349-5358
M EYER
t -_.._i_
I
I
I
Larry Green, Esq.
, Balcomb & Gre€rt, P.C.
Attorneys at Law
P.O. Drawer 790
Gl6nwood Springs, CO 81602
RE: Filing 7, Elk Springs Subdivision
Certification of Public tmprovements
Dear Larry:
At your request, I have reviewed the status of required public improvements for the above-
referenced project. Those improvements would generally consist of the construction of utilities
and roadway improvements within Filing 7, consistent with prior Preliminary Plan approvals and
the Record Maps for water and sewer and the Preliminary Plan for roads submitted with the
application for Final Plat approval for Elk Springs Filing No. 7.
Attached hereto are letters from Dow Construction, the contractor of record; H-P Geotech,
referencing compac'tion testing and site observation; and Mr. Greg Boecker, owner's
representative, who provided project management during construction. Also attached is a
spreadsheet entitled "Elk Springs Production, Filing 7.wks" which identifies the materials used to
install the improvements.
Based on the attached documents and a visual site inspection conducted by myself, to the best
of my knowledge, all required utility and roadway infrastructure improvements have been
completed within Filing 7 in compliance with applicable construction documents.
I trust this is sufficient for your needs to document the completion of the necessary infrastructure
for Filing 7.
Respectfully submitted,
tNc.
ccr Fred Jarman, Garfield County Planning
111981\0150aC\27 - Filing 7 Final Plat\8-24-05 ltrto Larry Green.doc
Fax: 384-3470
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EXHIBIT A
A troct of /and situote tn sections Jl ond J2, Township 6 south, Range gg
llest ond sections 5 ond 6, Townshrp z south, Ronge BB Llest ott of [ne 6tn
Principo/ Merrdion, Gorfie/d county, co/oroda being more porticulor/y
described os fo//ows:
Beginning of o point on the eost-west centerline of soid Section 3/ whence
the lrl/est //4 corner of said section 3/ beors s Bg'Jl'J4" w sJ7.62 feet;
thence, N 89'J/'J4" f,2982.90 feet olong soid eost-west centedine to
the eost //4 corner of Sectron 3/,'
thence, S 05'02'/9" W /JO5.77 feet;
thence, N 89'4/'J3" E, /060.95 feet to o point on the westerly boundory
of Amended Finol Plot, [/k springs, Filing 6, q subdivtston of Los Amigos
Ronch PUD, county of Gorfle/d, stote of colorodo recorded os Rec. No s7g60gof the records of the c/erk ond Recorder of Gqrfield county, colorodo;
thence olong sord wester/y boundory the fol/owing courses..
thence, S 08'44'46" f, 442.Og feet,
thence, S 79'/0'J7" W 27O./8 feet;
thence, S 49'58'2/" W 230.26 feet;
thence, S J7'/3'47" W 7583.96 feet;
thence, S 59'J/'JS" W 4OO.27 feet;
thence 5J.56 feet o/ong the orc of o J30.oo feet rodius curve to the right,
hoving o centro/ ong/e of 9'/8'00" ond subtending o chord beoring
S 2/'24'22" E 5J.5/ feet;
thence, S /6'45'22" [, 287.88 feet;
thence 332.4J feet olong the orc of o /9/1.74 feet radius curve to the
left, hoving o centro/ ong/e of 9'57'47'ond subtending o chord beoring
S 2/'44'/6" f 3J2.Ol feet;
thence, S 26'4J'O9" f, /92.2/ t'eet;
thence /76./9 feet o/ong the orc of o 5J0.42 feet rodius curve to the /eft,
having o centro/ ong/e of /9'O/'56" ond subtending o chord beorings J6'/4'07" E /75.38 feet;
thence, N 57'4/'/8" [, 4/8.74 feet;
thence, S 48'3/'/6" [, 594./5 feet;
thence, S 29'36'/8" E, 77.OJ feet;
thence, S 63'42'/ 4" W, 4/ 9. / / feet;
thence, S J4'57'02" E, J48.O6 feet;
thence, S 55'36'00" W, 60.00 feet;
thence, S 44'/0'J5" W, 446.24 feet;
thence, N 56'55'43" W 404.69 feet;
thence, S 09'J9'56" W, /4/3.8J feet;
thence /eovrng soid wester/y boundory of E/k Sprrngs, Fi/ing 6 on o course
bearing N 87'32'03" W 2/94./8 feet;
thence, N 39'04'/6" W //84.47 feet to o point on the west line of soid
Section 6,'
thence, N 00'/J'57" [, 622.38 feet o/ong soid west line
thence, N 00'08'04" E, /40.35 feet o/ong soid west /ine
thence, N 52'/7'00" f, 97J./4 feet;
thence, N 00'00'00" E, 759.J/ feet;
thence, N 64'48'39" W 309,70 feet;
thence, N 03'38'56" f, 470.83 feet;
thence, N 4J'2/'5J" E, 70O.44 feet;
thence, N 07'20'58" W 324.69 feet;
thence, N 00'00'00" [, 24/8.00 feet;
to the point of beginnlng, contoinlng /9,65/,579 sq.ft. or
more or /ess.
of Section 6,'
of Section 6,'
43/. /4 qcres
hos by these presents /ord out, plotted, ond subdivr'ded the some into lots os shown
hereon ond desrgnotes the some os f/k Springs Fi/ing 7, o subdivlslon
of Los Amrgos Ronch P.U.D. in the County of Gorfield, Stote of Coloroda.
z.C
DOTill COATSTR{_ICTIOI{, CC. INC.
i!;-; ! '.'(.j. iii ). :: ji
,.1/ : ',.- J.l:)\/,\ l)
;,ii..'ii (',-t.t''!'t.ii ('(,\,'ilr:-J7
97ii-t!11-33 i (t
I'i; !)-rtsi.'-1517
8/Z4lM
Dean Gordon
Schmuescr, Gordou & Meyer
I18 w.6u Strea
Ste.20o
Glcrnrood Springs CO 81647
Project: EIk Springs Subdivision
RE: Constrrrction Procedures for Utility Trenches and Road Constnrction in
Filings 5,6,'7,8&9.
Afer a right ofway has heerr flegge{ we begin by the clearing ofnees ard bnrsh,
Then topsoil is $ockpiled or placed at the side of the roadway, After clearing and
gn:bbing a road surface \rras established by cutting arrd flling as requrred. Equipnrent
utilized: Bulldozers. Exoavatorq Loaders, sheep foot aod smorvth drum rollers, water
ruck& dump truck+ etc. Fills wcre placed in approxmdely I foot loose lifts and
uurrrpactcd to at least 95 V" stsfldsrd prostor density. The firnr of H-P Geo-tech was hired
to establish lrrater codtnt aod compastive effort needed to achieve this. Due to the roclgr
environrnent borrow pits were established- This was necessary to produce fines, Fines
wme uscd to esrablish o satis'factory road bed. The borrow pits were tlren used as a burn
area for clearing debris and a bury pit for oversize boulders. The pits were then covered
with soil and revry-tated" After a roadbed had bcen establishc( urility rxruutr-uuliou
began. Utility trerrch locations were established. A bulldozer with t 42" ripper followed
thc alieament mal.jng a treoch tbst ums theo flled with wrter The ureter fuclc uras
equipped with a special nozz,le fabricated to eject water directly into the trench. This
proceduregreatly eahauced the mixing of,earth and warerfortle baclfilling procedure.
A.fter the pipe and fittings were placed the pipe was bedded in a special material ftee of
rocks geater thtn =/i in size. A I foot layer of tlris bedding was placed and cornpacted.
Compaction prOcedures were frequcnlly tcutrd by geo-techs to assure moisturo content
and soil deosity. After the beddiug proccdure was completed additional utilities werc
then placed and the above mentioned bedding teehnique was repeated. A-fter all utilities
rrrere in*alle4 tbe reorainder ofth€ trench was bacld.lled using the same msthod. When
the utilities have been conshucted, tested, and approved by the proper expertl the road
LESZ }BE O'E
HUC] P
NOrrsnUlSNoC nOtI d6E:tO SD Vl uef
bod was reestablished, This is achieved by soarifoing, wateri4g, and rolling AII top
soiling and dean up effort occur d this tiue. Before gravel placemeot begins" a proof
roll test is perFormed in the presenoe of a geotech or eugineer. This is accomplished by
ubserving tho road surfrce undcr the whccls of u fully loodcd d,rsrp Euck or watcr tnrols-
lf arry move,ment is noted tbe area is marked and reworked uffil the failure is romedied.
Afiff tbe proofrotr is approveA rhe granel placement will be*in A fiIter frb,ric was
placed befwesn the sub-grade and gravel. It is placed between the sub-grade ald tho road
base to prevcrt integration. The fiher &bric is rolled ortr in front ofthe trucks durrping
gravel. The fabric is held in plaoe by gnde stakes. The gnade stakes provido alignmern
and elevetion location- The gravel is manipulated into pleceff a motorgrader, rollers
and watcr tnrsks. Tho goal is to achisvo emoothnees, grede, slope, dralnage end density
to ruake an all weather surfaco. Again ag*tech is us6d to assrre moisture cornerf and
density, Be aszured that every effo* was made to assure a quality and safc productto the
best ofour ability.
SincerelyQ --+7>/
Dow Nppy /
President, Dow @rtstrucl"ion CO. Ino.
.,n
.--..:r4l,e7- ( /--/ _----,o"/L
foel-undeen
Supervisor, Dow Construction CO. [nc,
c'd Lee? ,a6 oeE lJnf lalrxtcLln- Dnfl J^^ ^, ^
HEPWORTH - PAI/VLAK GEOTECHNICAL
5020 Gounty Road 154
Glenwood Springs, GO 81G01
Phone: 970-945.7988
Far:970.945{45{
hpoeo@hpgeotech.com
Septernber 9,2004
Elk Springs,LLc
Atten: Greg Boecker
2929 Corxrty Road 114
Glenwood Springs, Colorado 8l60l
Job No. 196 617-l
Subject Final Testing and Observation Results, Filings 7, 8, and 9, Elk Springs Subdivision,
County Road 114, Garfield County, Colorado
Dear Greg:
As requested, IIP Geotech visited the site and performed in-place density testing and observed the
roadways atbase course grade on June 1 L,2OO4.
Six density tests were performed and all tests met the Project minimum density of 95Yo standard proctor
density. The base course was then dug up at the test locations to expose subgrade soil and the depth
measured. Again, all locations met or exceeded the minimum required base course depth of 8 inctres.
During our visit the gravel roadway surface was observed for signs of instability sucbas rutting, and
cracking. No signs of instability were noted. HP Geotech also performed compaction testing and
observation during infrastructure construction. These reports have been previously submitted.
Based on our test results and observations, it appears that the roadway construction should perform as
intended.
If you have any questions, please call this office.
Sincerely,
HEPWORTH - PAWLAK GEOTECHMCAL, INC.
Michael Evans S.E.T.
Reviewed by: SLP
cc:
SGM, Dean Gordon
Dow Construction, Dow Rippy
qLE-L?-AAA 16:36 CEOTECH P.A1-/81,
c&Etecrt
HEPWORTFI . PA'A'LAK GEOTECH N ICAL
Earthwork Observation
5020 CountY Roud 1$4
Glenwood SPrings, Colo[ado 81650
Phone; 970-94$7986
Fa* 970-94$8451
hPgeo@hPgeotech.com
and Testing RePort
Client: Los Amigos Ranch Partnership
Attn: Greg Boecker
2929 Cou'ntY Road 114
Glenwood SPrings, Colorado 81601
:i":, *:l t'*:',,:: t:t:',:,"",
ar Gau-qe Moisture/Density Tesl leellts-
Job No. 196 617'1 Date: 6-11'04
Report No. Page: 1 of
Test
No.
Location
Los Amlgos
Depth or
Elev.
Field
Dry
Density
PCF
Field
Moisture
Content
e/o
Percent
Comp.
Min. 7o
Comp.
Req.
Lab No./
Depth
o F tasr,
I amterseciion with Llttle Wood
Lane. riqht of centerline
finished
Erade 130.3 1.5 96 95 aesumed/
8rt+
,100'north of hiking trail
rioht oI centerline
finished
grade 1s0.9 2.0 95 95 assumed/
8'l
3 -400' north of Primrose Point
left of centerline
finished
grade 132.O 1.7 97 95 assumed/
8"+
4 tOO'norttr of Primrose Point
right of ce4lellqte-
finished
srade 132.1 2.0 97 95 assumed/
8"
5 at intersection with Gossamer
Road left of centerline
finished
qrade 130.5 1.6 96 95 assumedl
8"+
6 at intersection with Vista Place
IIATUBE SAVERII FAX lvtElll0 01
131.6 I 1.7 97 95 assumedl
E,+
16m
. lt- 1AA*$.*.l" l-lP
lenonrrglsf\9?lrul
9r rPuvl r
rte base course
)Ar{cE wnH ASTM D2922 AND D3Or7.
E.r..F'.'.'-.frffid*:fl
well compacted. No s
Michael Evanq
Field observer
rl
=
Proctrl-br
II assur
rt.-L-
THE NIJCI
t.rg;
;.*
Dow Cr
rr sampte Reference, lt*' q tS-l-?-W-
tlo.i Methodt L.,vbrltt
lZ" agg[sgt
IT I
I
t
gP{R PIN$OMETER MEYHOD OF TESTING WAS USED IN SUBSTANTIAL ACCORI
ess Report: All roadway base appeared to be
.-1.r-.d|F
onstruction' Dow RiPPY
Reviewed BY
1
I rvraA Jty i-----6Pt i.l Dens ..-l -tvtoist . --1- | 136.0 I 7.0 -l
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TOTRL P.A1
April 7,2005
Lany Green, Esq.
Balcomb & Green, P.C.
Attorneys at Law
P.O. Drawer ?9Q
Glenwood Springs, CO 81602
RE: Filing 7, EIk Springs Subdivision
Public. Infrastru.cture Improvqpents
Dear Larry
In my capacity as the Ranch manager for Los Amigos Ranch, LLC, I supervised the
oo*tootion of publio infrastuotwe improvements for Filing 7. The contractor for the '
improvements was DOW Conshuction Company, lnc.
This is to certifi/ that the public utility systems and roadway inftastructure faoilities were
installed in their entirety and were installed in compliance with approved construction
documents. All systems have been tested and are ready tbr their intended use.
Sincerely
,U- /S f'ea},-^--
cG Bo""Lu,
Project Manager
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EDWARD MULHALL. JR
Scorr BALcoMB
LAWRENCE R. GREEN
TIMoTHY A. THULSoN
DavrD C. HALLFoRD
CHRISToPHER L. CoYLE
THoMAS J. HARTERT
CHRTSToPHER L. GETGER
ANNE MARIE MCPHEE
SARA M. DUNN
DANTEL C. WENNoGLE
VIA HAND DELIVERY TO:
Fred Jarman, Assistant Planning Director
Garfield County Building & Planning Department
108 8'h Street, Suite 201
Glenwood Springs, CO 81601
IBALcoMs & Gnpl]x, P.C.
ATTORNEYS AT LA\v
P. O. DR-A.WER 79O
818 CoLOR-ADO A\'ENIJE
GLENwooD SPRINGS, COI,ORADO AT602
TELEPHoNE: 9?O.945.6546
FACSTMTLE: 970.945.9769
www.balcombgreen.com
August 31, 2005
AUG 3 2005
OF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSoN
SPEctAL CouNsEL:
WALTER D, LowRY
Re: Elk Springs Filing 7
Dear Fred:
I am delivering the following documents with this letter:
1. Two originals of the Elk Springs Filing 7 Subdivision Improvements Agreement,
signed by Elk Springs, LLC.
2. A copy of a Power of Attomey giving Gary L. McElwee authority to sign all Filing
7 Final Plat related documents. The original of this Power of Attomey is being sent to me by
overnight mail as it will need to be recorded at the same time we record the Final Plat, SlA, and other
documents.
3. Simultaneously herewith, the original, Final Plat mylar, signed by Elk Springs ,LLC,
Ken Wilson as surveyor, and me as attomey, is being delivered directly to Scott Aibner's office.
4. A CD which I understand contains an Autocad file of the Final Plat.
I also have in my possession the executed Deeds conveying the open space and roads to the
Homeowners Association, and Supplemental Declaration by which Filing 7 is made subject to the
Elk Springs Covenants and a part of the Elk Springs Homeowners Association. I prefer to keep these
originals and date them as of the date the Final Plat and all related documents will be recorded,
which I expect will be next Wednesday or Thursday, Septemb er 7th or Str'. We also will pay
BALCOMTB & Gnnnx, P.C.
A'I"I'()RNEYS A'l'LA\v
Fred Jarman, Assistant Planning Director August 31, 2005
Page2
$20,976.00 to the Carbondale Fire District and $9,600.00 to Garfield County prior to recording the
Final Plat as required by the SIA.
It is my understanding that the matter of the approval of the Elk Springs Filing 7 Final Plat
and SIA are currently on the Board of County Commissioners' Consent Agenda for Tuesday,
September 6,2005. Because it is a consent agenda item, it is also my understanding that it is not
necessary for Elk Springs, LLC to have a representative present. However, if this understanding is
incorrect, or you otherwise deem it advisable that I be present, I am available and can attend. Please
let me know if you think my attendance is prudent.
As always, thank you verymuch for your assistance in this matter. Please contact me at your
first opportunity if you have any questions or comments.
Very truly yours,
BALCOMB & GREEN, P.C.
LRGibc
Encls.
xc: Gary L.McElwee (wiout encls.)
Z8/31./2895 Z9:O3 312-427-0421 TENCO INC PAGE A1
POWER OF ATTORNEY
KIJOW ALL MEN BY THESE PRESENTS, That, the undersigned, Thomas E Neal, individually, aud
as Manager of Elk Spdngs. LLC, a Colorado limited liability compafly, reposing special tnrst and confidence ur Gary
L. McEIwee of the County of GarIield, State of Colorado, has made, constituted and appointed, said Gary L.
McElwee his true and lawful Attomey-in-Fact for him in his name, place and stead, sole use a$d benefit, to cxecute
and record the Final Plat and Subdivision lmprovements Agreemeat ("SIA") for Elk Springs Filing 7, a Subdivision
of Los Amigos Ranch Planned Unit Development, a subdivision o[ the real property dcscribed on Efibit A attached
hereto and incotporated herein by this reference, located in Garfield County, Colorado.
Said attomey shall have full power, right and authoriV to make, execute. sign, acknowledge and record said
Plat and SIA and all other documents or writings in such forms and of such contents as said attorney shall deem
advisable and necessary in connection with thc recording of thc aforemcntioncd Plat arrd SIA, including, without
limitation arry decd or deedr conveying Open Space or roads wittun said Fural Plat to the Elk Spriugs Hqmeowners
Association, Inc.
The purpose and iatent of this Power of Attoruey is to clothe said appointed attorrrey with all powcr aud
authority in connection with said PIat to the same extent and with the same power and authority which the
undersigned might exercise, and which power and authority is exprcssly so conferred; hcrcby ratifring and
confirming each and everything said attorney shali do or puryort to do by virtue of these presents.
This Power of Attorney shall be effective immediately and shall terminate on October l, 2005 without
further action of the pnncipal.
IN WITNESS IVHEREOF, I have hereunto s€t my hand ou tms 3 ifOay of August, 2005,
EIk Springs, LLC
FEIN# (Elk Springs, LLC): Jt-'1S3rt3os
STATE OF ILLINOIS
bUeq6a
COLJ-NTY OF ffiK
The foregoing iflstftmcnt was acknowleclged betbre me this 3lSt Ory of August, 2005, by Thomas E
Neal. individually ald as Manager of Elk Springs, LLC, a Colorado limited liability compary.
EAilDHA.nBoDrl{G
NoTAfr Y Pt BUC, 0tr iEZ; rurors
ilY 00t Mt8stoN {xlrnrs o.r o.aooo
Witncss my hand and official seal
My commission expires S- to-aag
Thomas E, Neal, individually and as'Manager of
)
) ss,
)
EDWARD MULHALL, JR
Scorr BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAVID C. HALLFoRD
CHR|SToPHER L. CoYLE
THoMAS J. HARTERT
CHRTSToPHER L. GETGER
ANNE MARIE MCPHEE
SAR,A M. DUNN
DANTEL C. WENNoGLE
EIALCOMB & Gnppu, P.C.
ATTORNEYS AT IJAW'
P. O. DRAWER 79O
8I8 COLORADO A\/ENUE
GT,ENIVOOD SPRTNGS, COT,ORADO a l6()2
TELEPHoNE: 97O.945,6546
FACSTNTTLE: I ?O.945.9769
www.balcombgreen.com
September 7 ,2005
OF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSoN
SPEcraL CoUNSEL:
WALTER D. LowRY
VIA HAND DELIVERY TO:
Garfield County
ATTN: Mildred Alsdorf
Re: Elk Springs Filing 7
Dear Mildred:
Enclosed please find Elk Springs, LLC's check #206 1 in the amount of $9,600.00. The Final
Plat of Elk Springs Filing 7 consists of 48 lots and the road impact fee is $200.00 per lot which is
a total of $9,600.00.
As always please call with any questions you may have regarding this matter.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Gary McElwee (w/out encls.)
I
SUPPLEMENTAL DECLARATION FOR
LOS AMIGOS RANGH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY. COLORADO
THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOPMENT, GARFIELD COUNTY, COLORADO (Supplemental Declaration) is made
and declared this day of 2005, by ELK SPRINGS, LLC
a Colorado limited liability company (Declarant).
RECITALS
A. Declarant is the owner of certain real property situate in Garfield County,
Colorado, and rnore particularly described in the Final Plat for Elk Springs, Filing 7, a
Subdivision of Los Amigos Ranch PUD, ("Final Plat"), filed for public record in the Office
of the Clerk and Recorder, Garfield County, Colorado as Reception No.
B. Declarant has previously recorded that certain Amended and Restated
Declarationof Covenants, Conditionsand RestrictionsforLosAmigos Ranch Planned Unit
Development, Garfield County, Colorado (Amended and Restated Declaration) on
February 15, 1991 in Book 799, Page 48 of the Garfield County Clerk and Recorders'
records as Reception No., 421306.
C. Declarant desires to annex allthose properties contained within the Final Plat
pursuant to this Supplemental Declaration and thereby subject said annexed properties
(hereinafter "Additional Properties") to the Amended and Restated Declaration and the
additional covenants, conditions and restrictions set forth below.
NOW THEREFORE, Declarant hereby makes the following declaration of
annexation of the Additional Properties and declarations of additional covenants and
restrictions applicable thereof:
ANNEXATION OF ADDITIONAL PROPERTY
1.1 TheAdditional Properties contained within Elk Springs, Filing 7, a Subdivision of Los
Amigos Ranch PUD, as more particularly described on "Exhibit A" attached hereto, are
hereby annexed pursuant to Article lV of the Amended and Restated Declaration.
1.2 The Additional Properties are hereby made subject to all provisions set forth in the
Amended and Restated Declaration.
1.3 The Additional Properties are hereby made subject to the additional covenants,
conditions and restrictions set forth in this Supplemental Declaration.
ADDITIONAL COVENANTS. CONDITIONS AND RESTRICTIONS
2.1 Minimum Size of Dwellings Every residential dwelling unit constructed on a single
family iot shall have a minimum foundation footprint of 1,600 square feet, exclusive of
garages, porches and patios.
2.2 lrrigation Single family lots shall not irrigate more than 3,000 square feet of land.
2.3 Central Sewer Systems All single family lots in Elk Springs, Filing 7, a Subdivision
of Los Amigos Ranch PUD, are within the Spring Valley Sanitation District boundaries and
must connect to its central sewage treatment system for sewage treatment services. No
individual sewage disposal systems are allowed.
2.4 Central Water System All water rights and water facilities which comprise the
domestic water delivery system for Elk Springs, Filing 7 are owned by the Elk Springs
Homeowners Association, lnc. The Association shall have the power to own, operate,
maintain, repair and replace the water delivery system and to levy reasonable charges
therefor pursuant to Section 4.8 of the Amended and Restated Declaration, and shall have
the further power and authority to levy assessments in connection with the ownership,
operation, maintenance, repair, and replacement of the domestic water delivery system in
accordance with Article V of the Amended and Restated Declaration.
2.5 Pet Control All pets must be kept under strict owner control at all times. No more
that one adult dog and no more than an aggregate of three cats and dogs may be kept on
a single family lot. The Board of Elk Springs Homeowner's Association has promulgated
rules and regulations regarding pet ownership and control, and may levy pet assessments
for violations of said rules and regulations. By way of example, owners may be assessed
for pets found roaming free of owner control, or disturbing neighbors or wildlife. Said pet
assessments are enforceable as set forth in Article V., Paragraph 5.5 of the Amended and
Restated Declaration. Nothing contained herein or in said rules and regulations shall limit
the right of the Board to modify said rules and regulations, determine a pet is a nuisance
and require it's rernoval from Los Amigos Ranch P.U.D. Properties, nor limit the right of Elk
Springs, LLC or any owner of Los Amigos Ranch P.U.D. property to enforce their property
rights.
2.6 Fire Protection The Additional Properties are forested with mature pinion and
juniper trees. ln order to reduce the danger to homes ftom@[ginduced crown fires,
all Homeowners shall create a defensible space by thinning trees within 30 feet of their
homessothatthecrownsoftrffifeetapart.rnisdefensiblespaceshall
be increased as the slope of the Lot increases. For example, homes on 10% slopes
should have a minimum defensible space of 35 feet uphill and to the sides and 37 feet
downhill. Homes on 20% slopes need a minimum defensible space of 40 feet uphill and
to the sides and 47 feet downhill. ln addition, lower branches of trees within the defensible
space should be pruned to eliminate ladder fuels which allow a fire to burn from ground
level to lower tree branches. Dead branches, limbs, trees and debris shall be removed
from the defensible space area. All dead wood within one hundred feet (100') of structures
shall be removed. Roofs shall be constructed of noncombustible materials.
2.7 Fireplaces Woodburning appliances in each single family dwelling unit shall be
limited to one Colorado Certified woodstove. Naturalgas appliances may be used freely.
of
2.8 Animal Proof Trash Containers Alltrash and trash containers shall be stored within
an enclosed building except on the same day it is set out for pick-up, or alternatively, all
trash shall be stored in containers that have been designed and constructed to prevent
bears and other animals from gaining access to the contents of the containers.
lN WITNESS: WHEREOF, Declarant sets its hand and seal this day
2005.
' ELK SPRINGS, LLC
A Colorado limited liability company
By_
Thomas E. Neal, Manager
srATE OF TLLTNOIS )
)ss
couNTY oF cooK )
The above and foregoing document was acknowledged before me this
-
day
2005, byThomas E. Neal as ManagerforElk Springs,
LLC, a Colorado limited liability company.
Witness my hand and official
Notary Public
My commission expires:
My address is:
of