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Home My WebLink About2.0 CorrespondenceApr, 4, 2005 4:56PM ASPEN LAl'lD Al'lD HOMES 1ilV60:1 't 'idV au1No. 4633 rapP. I , lLK SPRINGS HOMEOWNERS AS5OCIATION 2g2e GOUNTY ROAD 114 oLENwooD SPRIN€8, cotoR^Do April trEt,3ooE Mr. Glen Ault Drar Mr,lulh Per your roquect, mhr scrvlce tor ! 4t unlt cpartment complex requlrlng 2t.5 EQia provided by the Red Grnyon Wetcr @mPsny wlll br ln the tmount ot s456,548, *o*-'- a8 39Vd vHss ts So9IHV 50"r 66g9gt6ar6 6E2eZ gddzleataa i l PO BOX 686 Glenwood Springs, Colorado 81602 Phone: 970-945-1320 Fax:970-9454764 Email: hrader@rof.net May 12,2005 Elk Springs Homeowners Association Red Canyon Water District 2929 County Road 114 Glenwood Springs, CO 81601 To whom it may concern, I arn writing this letter as a private landowner of a Multi-family lot (Lot One Fiiing One of the Los Amigos Subdivisi on, legal description attached) that is required to be serviced by Red Canyon Water District for all my potable water needs. I have included a letter I received from Glen Ault that he received from the "Elk Springs Homeowners Association" dated April 1't 2005 in reference to costs associated with water service/EQR-Tap fees for my 48 Unit site. After a preliminary investigation to determine current water tap fees that have recently been assessed to other parties requiring service from Red Canyon Water District, I found that the current published rate or price for water service is one (1) EQR cost $5,200. I understand that you have oversized some elements of the water system to accommodate the future needs of yorrr ongoing Phased-Development, and also to accommodate the re- quired needs of any .rrr.nio, futur. Multi-family and Commercial zones as stipulated and required by Garfield CountY. Cur:rently I am at a loss, and need clarification and a detailed breakdown of costs, along with past, present and future water service fees, and over sizing costs that have been or will be paid by current or anticipated (projected) future users' I am also requesting a specific and detailed description used in your determination of alloca- tions, and basis for-cost recovery in all water service fee charges for the subdivision L, i " (includin g any future development phasin g havinq water requirements) that may change or have some financial impact to the values of my service fees, so that we have a clear under- . standing of how you have, or will, determine the water service fees (fees as stated in the letter referenced above) for my building site. I am currently reviewing my future EQR needs, and request to have a thorough and precise un- derstanding of this component from all the governing bodies as I begin a preliminary investiga- tion of the costs associated with my future water service requirements. After a review of the Garfield County RESOLUTION NO. 96-34 (copy enclosed) I have deter- mined that Los Amigos Ranch was required to transfer ownership of the Water Distribution System to the Los Amigos Homeowners Association and did so on December 3l,1997, which is currently operating under the name of Elk Springs Homeowners Association, a Colorado non-profit Corp. Additionally after reviewing CONDITIONS OF APPROVaL (see) paragraphs 6. & 7. under the heading WATER SUPPLY I found the basis to be used for determining fees (cost recovery of construction and installation of the Water Distribution System) that are governed and regu- lated by Garfield County. I have tried to contact your office by telephone and have left a message to speak with someone about the above mentioned. I have waited patiently in hopes of a return phone call from the Homeowners Association and have received no response aS of today. please contact me by telephone or mail to give me an approximate date that I can anticipate you providing us with the above requested documentation for review. Resards.%L Hayden Rader cc. Stuver, LeMoine & Burwell P.C. Mark Bean, Garfield County Planning Dept EDWARO MULHALL, JR Scofr BALCOMB LTWRENCE R. GREEN TrMorHY A. THULSoN DAVID C, HALLFORD cHRrsroPHER L. CoYLE THoMAS J. HARTERT CHRTsToPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANTEL C. WENNoGLE BAr,coMB & GnrcrcN, P.C. ATTORNEYS AT I,A\^/ P. O. DRAWER 7gO 818 COLORADO A\/ENIJE GLEN'wooD SPRTNGS, CoLoR-aDo af.602 TET,EPHoNE: 970.945.6546 FAcsrMrr,p: 97O.945.9769 www.balcombgreen.com September 7,2005 OF CoUNSEL: KENNETH Blucove JoHN A. THULSoN SPECTAL CouNsEL: WALTER D. LOWRY Carbondale Rural Fire Protection District ATTN: Ron Leach, District Chief 300 Meadowood Drive Carbondale, CO 81623 Re: Elk Springs Filing 7 Dear Ron: The Garfield County Commissioners have approved the Final Plat for Elk Springs Filing 7, which consists of 48 lots. My files reflect that the portion of Elk Springs Filing 7 that was not previouslywithin the Carbondale Fire District was annexed to the District pursuant to the District's Resolution No. 005, Series of 2000. To my knowledge, no portion of Elk Springs Filing 7 is now or was ever in the Glenwood Fire District. We have enclosed Elk Springs, LLC's check in the amount of $20,975.00 in payment of the Fire District impact fee of $437.00 per lot for each of the 48 lots within Elk Springs Filing 7. 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.) Garlield Coanty BUILDING & PLANNING DEPARTMENT August 29,2005 Lawrence R. Green Balcomb & Green, PC P. O. Drawer 790 818 Colorado Avenue Glenwood Springs, Colorado 81602 kE: Final Platfor Elk Springs Filing 7 of Los Amigos Ranch Planned Unit Development @aD) Dear Larry, I am writing this letter regarding the application you have submitted to our department regarding the Final Plat for Elk Springs Filing 7 of Los Amigos Ranch Planned Unit Development (PUD). At this time the application has met all required information per Garfield County Regulations and is therefore deemed technically complete. However, as you are aware, the Cour"rty Surveyor is presently reviewing the final plat. Once his comments have been addressed, this office will schedule the matter before the Board of County Commissioners for their review and the Chairman's signature. Do not hesitate to contact this office should you have further questions. Very truly yours, Fred A. Jarman, AICP Assistant Planning Director 970.945.8212 108 8th Street, (970) e45-8212 Suite 201, Glenwood Springs, Colorado 81601 (970) 285-7972 Fax: (970) 384-3470 I STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOUN,CES Olff€Lr.,; DIYISION OF WILDLIFE ,ur eeuer oproinnrrrv EMPLoIET Joho Mumma. Dircctot 6060 Broadwav Dcover, colorAdo to2l6 Tclcphouc: (3O3) 297 - L 192 5O633HigIwaY6&24 Glcos/ood Spriogs. CO tl60l 3p3-945-722E January 5, 1998 Mark Bean Garfield County plrnning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Commens on tos Amigos Ranch, Filings 5A-11 Dear Mark, While Los Amigos Rarch has gone a long way in tryrng o avoid scvere deer and elk winrcr raDges itr 6eir dwelopmen, oebivision of wildlift uonld like o make some recommendatioDs b try and improve the abiliry of homeowners o enjoy wildtife on their property, help avoid human/wildlife conflicts and help migruion of wildtife ont6 scverc winter ranges reserved by Los Amigos Rarch' FEs, rhe wildlift stareEeE iEluded in the developmeDt plan by Greg Boecker glYT a general list of tbe wildlife located on or near t[e development. It would be helpfuI o all new owuers of this property for Los Amigos RaEb or the developer to provide a small brochrue or leaflet advisltrg what wildlife species Eay be errcountered and how o .roid potenrial wildlife related problems. Mary owncrs Eovutg into the area IEly rct be aware of rhe posibiliry or *yo* kiuing pers, bcars searching out fd imide vehicles and building, mourain lion sigitinp in areas x,nerl their chil&Ln may be playrng and damage to ornamentals by deer and elk. An informed owner has the ability o avoid or redgcc thesc problems. Secondly, while 6is rarb is comidered as less than ideal bcar habiur and deasity of bcars is considcred low,bearproofgarbaggg6nmincl5shouldberequired.Carelesslyh^ndtedtrash-attractswildlifepmblcos. m*"#1" Or-*uoii" geoeralty corsidered least desirable when rrar horsing (bears, sliln&s, coyotcs and racmos) are a6afied o crr.n. Population densides of thesc species rsually irreasc when humars do a poor job of rash managemeil. Third. he Los Amigo Rad plur sar6 r[u ary ferrccs built will be less 6atr 42 inches t lt and will Inl definc a properry bou1dary but ouly used o fencc i building eovelope. To fac-iliurc the flow of dl wildlift rhough tlris properrl,, we rpcomm31d tfiat several loC have building ewelopcs bcfore approval' Thcsc building envelopcs should avoid crossing draws deer and elk may tJsc o reach scvcre winrcr r2nge' Wc recommerd rha los on opositc sides of a draw tuve building envelopes tbar leave as much of tbe draw opca as possible. Predefined Uuifditg envelops are recomlnended for thc following loA: - /G- DEPARTMENT OF NATURAI- RESOURCES. JTTNCT LPCtThCTd, E.XC TIiVC DiTCOOT MLDLIFE COMMlssloN, Aroold srLz.r, chrirnun . Rcbcccr p61. Vicc ouirmro r Mrrt trvrllcy' sccrarrT Rcv JcrrcL.Boyrt,Jr,,Mcmbcr.lrmcrR.Long,Mcmbcr.ChrrlcrD.L,c*ir,McrnbcrolotrnStulP,McmbcroL"orrirSwitl'McoD.r Forffildlfe- For Peopb ffi*'1 _trU I January 5, 1998 Page2 Filitrg 6 - Iots 5, 6, 7, 9, 33 ald 37. Filitrg 7 - I-ots 34,36,3t, 40, Q,4A,44,47 aDd'l8. Filtng 8 - Iots 9, 10, 11, [6, aDd 17. Filitrg 9 - Ios 2,4, 6, 42,44 afr 46- Thank yor for &e opporunity to commcnt. Sincerely,drye( 4,** I-arry L.Ereen District Wildlift Mrn ger -ft- STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATTJRAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTT'NTY EMPLOYER John Mumma, Director 6O6O Broadway Denvcr. Colorado E0216 Telephonc: (303) 291 -l 192 50633Highway6&24 Glcnwood Springs, CO 81601 303-945-7228 ti l,lAR t a le90' dfr:--*---:qAFfELD Forllttldlife- For Peopb March ll, 1998 Mark Bean Garfield County Plafffng Deparment 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Comments on Ios Amigos Ranch, Filings 5A-11 Dear Mark, Sirce my letter dated January 5, 1998, I have had a chance to discuss my recommendations with Greg Boecker. After reviewing a beuer map of the area, I have altered some of my recommendations. This leuer is a follow-up afiempt to cladry some misunderstandings. Greg Boecker was concerned about what was meant by bear proof garbage containers. Certain companies build garbage containers with heavy duty lids and openings that look like a mailbox leuer drop, however, other designs of containers that preclude bear entry are acceptable. Guages or small sheds with doors and widows closed are usually bear proof. If any trash is to be stored outside of an enclosed building, other than on the same day it is set out on the curb for pickup, bear proof containers should be required. I recommended that several lots have predefined building envelopes to preclude fencrng of areas near draws that deer and elk would use to move to critical winter range. After reviewing a bener map, I have dropped several of these lots from this list. However, there is still some confirsion. Los Amigos covenrnts allow ferces of less than forty-nvo inches to fence a building envelope but not a property boundary. p61 rhis reason, if rn building envelope is required, a landowner may construe his building envelope to include all but a few feet from the property boundary. Due to the wording of L-os Amigos covenants, I would still like to recommend predefined building envelopes on the following lots: Filing6-Lots6and7. Fiting 7 - L-ots 34,36,38,40, 42,43,47 and4Z. Filitrg 8 - Loa 9, l0 and ll. Filing 9 - Los 2, 4 and 6. Thank you for the oppornrniry !o comment. Singgrely, - q-t 5Xazqzr X *ts.',-- Larry L.Sreen District v/UAt ife Manager -18' DEPARTMENT OF NATLTRAL RESOURCES, James l.ochhcad, Exeqrtive Director WILDLIFE COMMISSION, Amold Salazar, Chairman . Rebecca Frank, Vicc Chairman . y2116 lsValley, Secrctary Bc'rn:lrd L Rl:rck. \{rnhtr o.lrme< R I rrns. \{emhcr. Ch:rle., D I r'uis. \lemher.l ouis Srvift. \{emher t [fiS,"f}.[ Fi^il$'[Iu'u" 4' 2oos Fred Jarman, Senior Planner Garfield County Building & Planning Department 108 8'h' Suire 20i Glenwood Springs, CO 81601 Re: Dear Fred: We represent the Spring Valley Sanitation District (the "District"). Elk Springs, LLC f.k.a. Los Amigos Ranch Partnership (the "Applicant") requested that the District provide a letter regarding the District's provision of wastewater treatment service to that certain properfy owned by the Applicant within the District for which it submitted an application to Garfield County for a final plat known as Elk Springs Subdivision Filing No. 7. On behalf of the District, we present below non-engineering comments regarding the Application. It is our understanding that all of the sewer main infrastructure is in place and no facilities will be dedicated to the District; otherwise, the District's engineers, Schmueser Gordon Meyer,Inc.,would need to provide engineering comments on behalf of the District under separate cover. The District and the Applicant entered into that certain Pre-Inclusion and Wastewater Treatment Plant Development Agreement dated December 15,1999 and recorded with the Garfield County Clerk and Recorder as Reception No. 587475 (the "PDA"). The PDA sets forth the terms and conditions ofthe Districts provision ofwastewater treatment service to the appiicant's property and commits sufficient EQR of service for Filing No. 7. The Applicant is in full compliance with the PDA as of this date of this letter. The District has the capacity in its wastewater treatment plant, and can and will serve the development proposed under the Application with sewer services, subject to the following conditions: 1. A complete set of sewer construction plans are provided to the District for its review and approval prior to construction of any facilities to be dedicated to the District; 2. The approval by the District of all required Line Extension Agreements or Line Connection Agreements as required by the District's Rules and Regulations and/or the PDA; 3. The Applicant complies with all of the terms and conditions of the PDA and the District's Rules and Regulations; and LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER CASSIA R. FURMAN RSC,E}v fiHfI l,ff 8i,ii iii;1'l'J LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 2OI I4TA STREET, SUITE 2OO P. O. DRAWER 2O3O GLENWOOD SPRINGS, COLORADO 8I602 elephone: (97 0) 945-2261 j sn @lklawfi rm. com DENVER OFFICE:* 7OO WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence lo our Glenwood Springs Office)AuG 0 5 2oo5 Spring Vallelu Sanitation District/Elk Springs Subdivision. Filing No. 7 Final Plat IrUm5\Cliqils\SVSDtr(4)-Lffi P- I I 35\Lcllss\Serve.*pd LEAVENWORTH & KARP, P.C. Page 2 August 4,2005 JSN: cc: Denise Diers, District Administrator "/ Board of Directors/ Dean Gordon, P.E. r Gary McElwee / 4.Pursuant to the District's Rules and Regulations and the PDA, the icant shall reimburse the District for all costs incurred by the District regarding this project, including, but not limited to legal and engineering review. Please feel free to contact me if you have any questions. Very truly yours, LEAVENWORTH & KARP, P.C.c2,u /arnes S. Neu 1U005\Clioils\SVSDB(4)-LARP- I I 35\Ldlss\Sfl c.*Td ilffi 0,e1e9? GAF}ELD COL'jNTY strtc scrvtces guldtqDecember 31, 1997 cr,\FiELf, Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Los Amigos Ranch, Filing 5A-11 Wildfire Hazaed Review Mark, 222 S.6th Strcet Room {16 Grand Junction. Colorado 8l5ol Telephonc: (970) 24&7325 I read thrcugh the application and visited the sitc u.rith Grcg Boecker and Bill Gavette of the Carbondale Fire Department. As you know, it is a large development so I will limit my comments to generalities rather than specific lot recommendations. Access to the property is from County Road 1 14. The road into the older filings is a two-lane paved surface with drainage ditches on either side of the road that are mostly devoid of woody vegetation. I was told that these roads meet the existing county standard. ln the plan there are drawings of the proposed typical roads for the development. Los Amigos Drive, which services the majority of all filings, currently meets the National Fire Protection Association (NFPA) 299 standard tor the Protectipn of Life and Propertv from Wildfire. The 299 standard calls tor 12 foot lanes with 4 foot shoulders for a total traveled way of 32 foot. The fact that the drainage ditches are cleared of woody vegetation adds to the overall effectiveness of Los Amigos Drive as a fuel break and an escape route for local residents. lt would be a good idea to keep the woody vegetation out of these drainage swales. The cul-de-sacs are shown as coming on to Los Amigos Drive at a right angle. This is desirable for visibility and access. The 299 standard recommends a 50 foot radius for cul-de-sacs. The plans show a 45 foot cul-de-sac radius but it looks like there will also be a shoulder which doesn't appear to be counted in the overall measurement. The Carbondale Fire Department should have the final word on the proposed cul-de-sac diameters. The road drawing for the Bural Residential lots (r.e., Filing 8) does not show much detail. I recommend incorporating a turn around at the end of this access road for emergency service vehicles. We drove through the development on an existing farm road and several historical ranch roads. The main road and cul-de-sacs were staked and mowed to see where they will be put situated. I don't foresee any problems with steep grades. Greg did show us several existing and proposed "fire lanes'. These all help with egress in the event of a catastrophic fire. All in all, the road system looks good. ? 73- A hish percentase or the lots are situated atons the southw.:?:.ty:??tr;IAt"3r, Highway 82. This bench is not visible from the highway. The slopes teading up to thisbench are steep and support primarily pinyon/juniper trees with little to no vegetation(i.e., grass, forbes and shrubs) in the under story. These pinyon/juniper stands would be rated as a severe wildfire hazard by Colorado State Forest Service (CSFS) standards because of the slope steepness and density of the conifers. For this reason, I recommend that all structures be situated a minimum of 50 feet from the ridge tine (see enclosed NFPA 299 Figure 3-2.4b1. Greg had already intended to require this stipulation before I mentioned anything about the potential problem, because he understands the potentially dangerous situation. The existing vegetation on these lots can be grass, sage and pinyon/juniper in various combinations. Most grassy lots would be rated as a low wildfire hazard. Sage/grass lots can be a low to medium hazard. Lots that are better than half conifer would be a severe wildfire hazard. Even though there are some lots rated as.severe, the fact that these lots are not on steep slopes and we are dealing with pinyon/juniper vegetation leads me to believe that the wildfire hazard can be readily mitigated by incorporating defensible space principles. My wildfire mitigation recommendations are as follows.l) For a distance of 10 feet around atl structures establish and maintain vegetation at 6 inches or less (i.e., mowed lawn). No woody vegetation should be allowed to remainwithin this perimeter, either from existing stands or proposed landscaping. ln addition, flammable materials shoutd not be stored in this zone. 2) For a minimum distance of 30 feet around alt structures thin existing trees so thatthe edges of tree crowns are no closer than 1O feet at maturity. As the slopepercentage increases the minimum defensible space distance witl increase (see enclosed chart). For example, homes on 1O% slopes should have a minimum defensible space distance of 35 feet uphill and to the sides, and 37 feet downhilt. Homes on 2Oo/o slopes need a minirnum of 4O feet uphill and to the sides, and 47 teetdownhill. ln addition, the lower branches should be pruned off to eliminate ladder fuelswhich can allow a fire to burn from ground tevet to lower tree branches. These branches should be removed up to half the total height or 10 feet whichever is least. When removing trees as part of the defensible space process, try to leave a mix ofyoung and old trees (i.e., unevenaged stand). An unevenaged forest is healthier than an evenaged forest. 3/ All dead wood within .l00 feet of structures should be removed. Greg mentioned that non-combustible roofing material would be required. That,s agood idea. Feel free to call me with any questions about my comments. S-incglely, dln k4tn^+- A. Vince Urbina Assistant District Forester Bill Gavette - Carbondale FD Guy Meyer - Garfield County Sheriff's Office Greg Boecker cc: 2rl - I gp 5-8 leeg[- :H#ffiJanuary 29, 1 998 Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 *. Tetcphone (970) 24&7325 Re; Los Amigos Ranch, Filing 6-10 WildtireHazard Review Mark, I received this new preliminary plan from your office on Janu ary 28th. Because it appeared to be very similar to the original application that I reviewed, I called your office to find out what had changed from the previous application, Stella informed me that there had been some water problems and that the overalt development had been downsized. After our discussion I could see there was no need to.change my comments addressed in the original letter of December 13, 1997. Therefore, I stand by my recommendations of that first letter dated December 31, 1997. This application did reference Exhibit E6 as having more information on wildfire issues. This exhibit was not included in either of my documents. I would like to have if for my files if that is possible. Please feel free to call me with any questions. Sincerely, L\TL--Luall*l A. Vince Urbina Assistant District Forester cc:Bill Gavette - Carbondale FPD Guy Meyer - Garfield County Sheriff's Office Greg Boecker 4- LOY,TL E. LEAVENWOI{I:I1 SANDERN, KAI(P DAVID H- McCON-AUGHY JAtviES S, NEU SUSAN W. LAATSCH NICOLE D. GARzuMONE ANNA S.ITENBERG MICI{,A,EL J. SAWYEIT CASSIA R. FLIRMAN LEAVENWORTH & KARP, P.C. ATTORNT]YS AT LAW 20I I4TH STREET, SUITE 2OO P. o. DRi,wER 2030 GLENWOOD SPRiNGS, COLOMDO 8I602 Tclcphono; (9'7 O) 24 S -2261 Facsimi le: (97 0) 945 -7 3)6 jsn@lklawfirtn.com August 4,2005 DENV}:R OFFICE:' ?OO WASHINCTON ST. STE 702 DENVER, COLORADO EO2O3 fslephonc: (103) 825-3995 Facsirnile: (303) 825'1997 *(PI ease d irecl all correspondence to our Glenwood SPrhgs Olfce) Fred Jarman, Senior Planner Garfield Corrnty Building & Planning Department 108 8th' Suite 2ol Clenwood Springs, CO 81601 Dear Fred: We represent the Spring Valley Sanitation District (the "Diskict"). Elk Springs, LLC f.k.a' Lr-rs A,grigos Ranoh Partnership (the "Applicant") requeste.d that the Diskict provide a letter regardingfthe Distict's provision ofwastewatcr treatmont service to that certain property owned by thI epplicant within the District for which it srrhmitted an application to Garfield Counfy for a final plat known as Elk Springs Subdivision Filing No. 7. On behalf of the District, we present belorv non-eoginee.ring comments regarding the Applioation. It is our understanding that all of the sewer mail infrasfucture is in place and no facilities will be dedicatod to ths Distrtct; otherwise, the Diskict's engineers, Schmuessr Gordon Meyer, Ino.,would need to provide engineering comnrcnts on behalf of the Distriot under seParate cover. The District aud the Applicant entered into that certain Pre-Inulusiutt atrd Wastcn'atcr Treafirent Plant Development Agreement datecl Decetnber 15, I999 and recorded rvith the Garfield County Cierk and Recorder as Ruucptiuu No. 557475 (thc'?DA"). The PDA sets fodh the ternrs and conditions ofthe Diskiots provision ofwastswater treatment seru-ice to the Applicant's properly antl uurrupits sufficisnt EQR of servico for Filing No. 7. The Applicant is in full compliance rvith the PDA as of this datc of this letter. "'fhe District has the capacit)f in its rvastewater treatment plant, and con and will serve the development proposed utrder the Application rvith server services, subject to the following conditions: 1. A completo set of sewer construction plans are provided to the District for its review and approval prior to construction of any facilities to be dedicated to the Disrnct; The approval by the Disfict of ali required Line Extetrsion Agreements or Line Connection Agreements as required by the Districr's Rules and Rcgulatiorts and"/or the PDA; 3. The Applicant complies with all of the terms and conditions of the PDA and the Distriut's Ruios and Rcgulations; and Re: z8 35Vd vHS3 I 509It^lV SOt FFFqAbfra/E r:e:Aa caaT /)aica 2. LEAVENWORTH & KARP, P,C, Page2 August 4,2005 JSN: co: Denise Diers, District Administrator / Board of Direotors/ Dean Gordon, P.E. 'r Gary McElwee y' 4. pursuant to the District's Rrrles ard Regulations and the PDA. the Applicant shall reimburse the Diskict for all costs incurred by the Disrrict regarding this projeot, ilcluding, but not limited to legal and engineering revierv. Please feel free to contact me if you have any questions. Very trulY Yours, LEAVENWORTH & KARP, P.C.az,u /(*r'"rS. Neu EE:80 980ZtLA,/60EIZ f9vd rllg !lrG'.."'\w5l ?HSf 8 SOgIt^lV SOI 56E99rbAl6 Report Date: 06/10/2005 01 :26PM GARFIELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 200502811 SCHEDULE NO: R111957 ASSESSED TO: ELK SPRINGS, LLC ORDER NO: LOS AMIGOS VENDOR NO: BALCOMB & GREEN 141 W JACKSON BLVD STE 1720 GLENWOOD SPRINGS co 81601cHrcAGO, lL 60604-300',t ffioesGRtPTloN:LEU^L slgvl\.r r tvr sEcr,rwN,RNG:5-7-88 DESC: sEc 5. Lors 2, 3,4, 5, Z,-8, 9Jo,-sIlYE'.iFl{Y-IESI;fEt u;}PIi+ FF" 3ii5Y;,'Jl ):t)ul'i,'nli,"-=# ;'o1ij i;:6dilq l,Wg! _:=^9.?^ L^qi:jo:i1,^.-=J g_loJ9,,u^.t1?,=,Il8o RD btslr?r1;iit."i'i.3,"iTn"6o"r.ri'i;.ei A;'EiAiuiiES r[our orsr av btstszs. EXCEPT Los AMrGos r ^rr^ ^ArrT aa4 .)aE A^ acHX-}J 'J,i:;'0'*tr?i6 i"; i, + coi'iir+s .ii ic. EXCEPT n iror LAND coNr '221'e35 Ac' AS ^ T6 AE r A Ntn ''rl1iDESC tN ELK SpRINGS, LoS AMtcoS nnr.rcH FI-c 6 PLAT. REC 575830, EXCEPT A TR oF LAND coNT 60.49 Ac+/- ns orsc}.t' akisatnlz. pne:nt t t sog ex,azs PG:93 BK:873 PG:379 BK:843 PG:458 BK:775 pG:173 BK:77SpG:165 BK:1230 PG:709 eKizgo FG:697 BK:1230 PG:691 BK:0650 PG:0574 BK:1498 PG.,271 BK:1498 pG:27Oax:r3sa pOsoo RECPT:6033is ef,osgs PG:0534 BK:0995 PG:0529 BK:0982 PG:0103 PARCEL:2393-052-00-007 SITUS ADD:CARBONDALE TAX YEAR CHARGE TAX AMOUNT 20,836.34 INTEREST 0.00 PAID 20,836.34 TOTAL DUE 0.00 0.00 FEES 0.002OO4 TAX TOTAL TAXES GRAND TOTAL DUE AS OF 06/10/2005 0.00 6'RrclNAL TAx B{LINo poR 2004 TAx DlsrRlcr 011 MillLevy 10.745 8.367 0.072 0.252 41.246 3.997 0.868 1.042 1.000 .1R.MF Amount 3,312.45 2,579.38 22.20 77.69 12,715.32 1,232.20 267.59 321.23 308.28 Values VACANT LAN AGRICULTUR TOTAL AuthoritY GARFIELD COUNTY CARBONDALE FIRE BASALT WATER CONSER COLO RIVER WATER CONS SCHOOL DISTRICT RE-1 COLORADO MTN COLLEGE GARFIELD COUNTY - ROAD & BRIDGE GARFIELD COUNTY - CAPITAL EXPEND GARFIELD COUNTY - SOCIAL SERVICE TAXES FOR 2OO4 Actual Assessed 1,061,270 307,7701,760 510 1,063,030 308,280 67.s89 20,836.34 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TMES BY THE LIENHOLDER oR To ADVERTTSTNG AND DrsrRArNT wARRANT rees.-orAucES MAy occun Ar.ro rHE TREASURER'S oFFlcE wlLL NEED To BE CONTACTED PRIOR TO NEr,,rNrNNCr AFTER rHE r-Or-iOWir'IC ONTES' PTNSOT.TNI- PROPERTY ANDIiIOBILE HOMES'SEPT 1'2005' REAL pRopERTy - ocroBER 1, 2005 TAx r-reH siriE ndoirvrpirofi Arvroulris rvrusi be pato BY cAsH oR CASHIERS cHEcK' SPECIAL Tl0(ING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY cbr'arr,trstror.rERS, THE couNTY cLERK, oR THE couNTY ASSESSoR' This certificate does not lnclude land or improvements assessed under a separate account number' personal property taxes, tiun.iJr tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. l, the undersigned, do hereby certiry that the entire amount of taxes due upon the above described parcels of real property and all outstanding sates for unpaid'taies is shown uy tne recoios in my office from which the same mav still be redeemed,Yltl,l* tjl|H" :S',]?#'[Y :S:"#i#; H""#i;i"T#''!il]ril'iiiil".' 'i,'n"";;:i ;;;;h*"lnio ."i ,v nun-d and sear this 1oth dav or June, 2005',N TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood SPrings, CO 81602-1069 (970) 94s-6382 ffi:tr:.-q\ fi serL i3 K,**el Red Canyon Water Cornpany 2929 Cuunty Ruad 114 Glenwood Springs, CO 81601 970-945-6399 a8/04/05 Fred A. Jarnran, AICP Assistant Planning Dirc<;tor Gurficld Cormty loB 8th St, Ste 201 Glenr,vood Springs, CC) 81601 Dcar Mr. Jarrnan, The Red Canyorr Water Company, owned by the Elk Springs Homeowners Association, can and will provide water to lots in Elk Springs Subdivisron, f iling 7 oI'the Los Amigos Ranch Planned Unit Development. Red Canyon Water Cornpany has storage capacities in place to supply lvater to the entire sr.rbdivision at build-out. All water rights sre secured .qnd all water allotment contrac.ts &re in place tluough the Basalt Water Conservancy District. Secretary/Red Canyon Water Company va 15v.{ vHs! P qnqTuJU qn-']F,AtrqCb(A/E fC:nn CAfi7itnieo AUc, 10, 2005 1 I:1 lAM'-NU.'UU' T. [" CAABOIYDALE A$ID RXJRAT, EINB EBOTEqIION DISTBICE BESOT,IrflONNO. g)6- SERIES Or 2000 A RESOTI]UON APPROVING PETITION FOR INCIUSION OF CERTAIN REAL PROPERTY SITUATE IN GARFIELD COUNIY, COLOBADO, INrO THE CARBONDAI.E AhTD RURAI FIRE PROTECTION DISTBICT WHEREAS, Ehe Board of Directors of *re Carbondale and Rural Fire Prorecdon District received a Pedtion requesdng indusion; and WIIBREAS, pursuant to &e Special District Act, rhe Board of Directors heard the Petition at public trearings held on May 77,2000 atrd June 21, 2OOO, and received and considered cofllmenr frou interested panies; and WHEREAS, publication of notice of a public bearing to hear the Petition requesdng inclusion was accompljshed in accordance with the Special DisuicrAcq aud WHEREAS, no rru:niciBaliqf courty, or otbe.r qpecial dfuict which may have beeu ablg to provide sewice to the real propemy requested ro be iududed inro *re Carbondale and Rura1 Fire Prorection District appeared at the public hearing when the Pedtion was heard; and WIEREAS, the failure of any pe$on ln the erdsting Carbondale and Rrral Fire Protectiou Disricr arrd the failue of any municipality, coutrry, or other special districrwhidr may have been able to provide sersice ro rlre real pmpefiy requested m be included, to file a wriBen or oral objecdon, has beeo determined rc be as assent to the inchuion of the real prcperry, and in accordance with tfte Special Dlsuictemi ard WI{EREAS" the Petitioner has fiIedwith rl:eBoard'of'Directors evidemcefitat]l}Cfl/a fee ownership of $e propeny to be induded has coruenred to inclusion; and WHEREAS, the Board of Direcnors finds ttrat fte Disrrict is capable of senring the propemy proposed ro be induded; NOW TIIEREFORE, BE ff RESOLITED by the Board of Dlrectors of rie arrSopdale and Rural F'rre Protection District *rae t. Alryroval of Pe4tiorl. Ttre Petition requesting inclrrsion received by rhe Board of Direcrors on or abourApril X% 2000, be granted to include inro the Disuicr atl of that real property sinrate in Garfield Councy, Colorado, rnore paniodarly desstbed on Exhibh e atadled hereto and incorporarcd herein, subject to rhe following condidons: AUG. 10 2005''1 I : 1 lAM'-'Lns. Jr u )9J a>oJ NU. .J00r a. In dre event tlrat anortrer speciat .distict providing fire prorcaion and emergency medical services in *re Spring Valley Area is capabte of and wrlling to provide such sewices to los Aurigos Ranih in *re fuq:re, Los Arrigos Raach Partnsship will cooperarewith Carboadale andRutal Fire Protecdon Dissict to effectuate disconnecdou of Ios Amigos Ranch &om Carbofldale and Rural Fire Protectiou Distrist, if so requested by Carbondale and Rural Fire Protection Disuict, b, In tle evelrt rhar Los Amigos Ranch is disconneced from Carboadale aqd Rural Hre Protection District" no irapact fees paid by Los Aoigos Rardr Pamrership to Carbondale and Rlrral Fire Protecrion Disuict shall be subject to being refunded. 2. Di-ssict,Court Filiug, The Chairman of the Board of Directors shall cause a copy of riis Resoftltion ro be fiIed with rtre Clerk of rhe Garneld CounryDisuict Corut. 3. Finali?ation of Corrrt QlSLer. The Chairman shall sruse sudr actiors as are aecessary and proper ro comp[y with the Colorado Special Oistrict Act ul formalize the indusion of dre real propeny descdbed in rhis Resolution into the Carbondale and Rlrral Fire Protection Districu READ, APPROVED, AI\ID ADoPTED rWzooo. CARBONDAI...E AI{D RUHAL B]RE PROTECT]ON DISTRICT By:4 ,f,": - chairmaa' DisALos Amigos Res oludon.tYp d AUG 10,2005 11:llAM DATE: TO: FROM: RE; r\v, ,0 0 ROBERT B. EIIIERSON, P.C. 86 SOTIITI THIRD STREET CARBONDAT.E, CO 8I.623 o70) 963-3700 o7 0l 963-0985 TACSTMILE FACSIMILE COVER LETTER August L0, 2005 Britr Jan FAX NUMBER: 945-9769 CRFPD Los Amigos Resolution COMMENT/MESSAGE: Attached. TOTAI. NT'MBER OF PAGES INCI.T'DING THIS COVER. PAGE: ORIGINAI, TO BE SENT BY MATL t I MS tX] TVO TRANSMITTED BY: Jart IF YOU DO NOT R.ECETIIE ALL OF THE PAGES, PTEASE CALL US AS SOON AS POSSTBLE AT (9rq 963-3700. THrS T[ESSAGE rS INTENDEp ONty rOR THE USE oF TrrE ADpRES.SEE AM MAY CONTAIN,TNFORMATION TIIAT rS PRTVTLEGEp AIID CONFTpENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOUARE HEREBY NOTIFIED THAT ANY DISSEMITI*TION Of THIS COMMT NICATION IS STRIGTLY PROI{IBITED. IF YOU HAVB RECBIyED TItrS COMMTJNIC.ATTON IN ERRO& PLEASE NOTTFT US IMMEDIATELY BY TELEPHONE. TI{ANK YOU. DgpnRTMENT oF Srarp CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF COLORADO HEREBY CERTIFY THAT RADO FILE # 79877634650 WAS FILED IN THIS AND HAS COMPLIED WITH THE APPLICABLE LAWS OF THE STATE OF COLORADO AND ON ACCORDING TO THE RECORDS OF THIS OFFICE ELK SPR-rNGS HOMEOWNERS ASSOCIATION, INC. ( COLORADO NONPROFIT CORPORATION) STATE OF THE STATE OF OFFICE ON August 26, 7985 PROVISIONS OF THB THIS DATE TS TN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: October 2 007 ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION COLORADO. NONPROFIT CORPORATION Return to: Secretary of State 1560 Broadway, Suite 200 Denver, CO 80202 (303) 894-22s1 Fax (303) 894-2242 FILING FEE: $25.00 Submit 1 typed original+ 1 coPY (Please include a self-addressed envelope) OFFICE USE ONLY pursuant to the provisions of the Colorado Revised Nonprofit Corporation Act, the undersigned corporation adopts the following Articles of Amendment to its Articles of lncorporation: 1. The name of the corporation 15; Los Amigos Ranch Homeor^mer rs Assoeiation. Tne. (lf this is a change of name amendment, the name to be typed is the corporate name prior to this amendment being filed) 2.Text of the amendment adopted Change Name to: E1k Springs llomeowners Association, Inc. 3.The amendment to the Articles of lncorporation was adopted on the I-l!-hday of--QglcLej------,1QQQ--, in the manner prescribed by the Colorado Revised Nonprofit Corporation Act. [mark (/) applicable procedure below]: A. The amendment was adopted by the board of directors/incorporators without member action and member action was not required; B. The amendment was adopted by the members AND the number of votes cast for the amendment by each voting group entitled to vote separately on the amendment was sufficient for approval by that voting group; C. An approval of the amendment was obtained by some person or persons other than the members, the board of directors, or the incorporators required pursuant to section 7-130-301 . tr I tr Form Approved Secretary of State 8/98 _!_eSre_t_gly 015 Signature