HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 201
Glenwood SPrings, Colorado 81601
Telephone: 970.945.8 212 F acsimile: 970. 38 4'347 0
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Subdivision APP|ication Form
GENERAL INFORMATION
(To be completed by the applicant')
Subdivision Name: Elk Springs Filing 8 Phase 1, a Subdivision of Los Amigos Ranch PUD
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
Address:
-2929
CountY Road 114 Telephone:
-945-6399
City:
-Glenwood
SPrings- State.
-
CO- Zip Code: -81601- FAX: -945-6399-
Balcomb & Green, P.C., c/o Lawrence R. Green
Address:
-818
Colorado Avenue Telephone:
-945-6546--
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: -orenwooo Springs- state:
-co-
Zip code: -81601- FAX: -945-5948-
Name of Survevor: Schmueser Gordon Meyer
Address:Telephone:
City:State: ZiP Code:FAX:
Name of Planner. N/A
Address:Telephone:
City:State:Zip Code:FAX:
GENERAL INFORMATION continued..
) Location of Property: Sections 6, 31 &32 Townships 6 & 7 S. Ranges 88 & Bg W.
F Practical Location / Address of Property: (above)
Off County Road 114, a subdivision of Los Amigos Ranch PUD
} Current Size of Property to be Subdivided (in acres):
-210.55F Number of Tracts / Lots Created within the Proposed Subdivision:
18 Lots, plus two (2) Common Area Parcels
) Property Current Land Use Designation:
1. Property's Current Zone District: PUD
2. Comprehensive Plan Map Designation:
-Los
Amigos Ranch PUD
Proposed Utility Service:
) PfOpOSed Watef SOUfCe: Wetts - central system owned by Elk Springs HOA, operated by Red Canyon Water Companv
F Proposed Method of Sewage Disposal. _Central - Spring Valley Sanitation District
} 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 pald on
) Plat Review Fee (see attached fee schedule)
varies, between 2.552Ac{.130
I.THE SUBDIVISION PROCESS
ln order to subdivide land in Garfield County, an Applicant is required to complete the following land use
processes in thefollowing order: 1)Sketch Plan Review Process,2) Preliminary Plan Review Process, and
3) Final Plat Review Process. This section will briefly describe the nature of each process and provide
general direction including subdivision regulation citations to a potential applicant requesting subdivision
approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for
purchase at the Planning Department and can also be found on the World Wide Web at the following
A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Sketch Plan process is to allow an individual an opportunity to
propose a subdivision in a "sketch" format to the Planning Department and the Garfield
County Planning Commission in order to obtain a cursory review for compliance with
the County's land use review documents, regulations, and policies to identify any
issues that would need to be addressed if the proposed subdivision were to be pursued
2. Apolicabilitv
Any individual proposing a subdivision in Garfield County is required to complete the
Sketch Plan review process as the first step in Garfield County's Subdivision process.
More specifically, Garfield County defines a subdivision (Section 2:20.48) as the
division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application / Submittal Requirements
ln order to apply for a Sketch Plan Review an Applicant is responsible for reviewing
Section 3:00 of the Subdivision Regulations and providing enough information to the
Planning Department in the application to conduct a thorough review and provide the
resulting comments to the Planning Commission for their review and comments.
Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the
specific information required to be submitted to the Planning Department in order to
satisfy the application requirements in addition to the information requested on this
application form.
4. Process / Public Meetinq
The Sketch Plan review process is considered a 1-step process because the
application is reviewed only by the Planning Commission at a public meeting. ln order
to appear before the Planning Commission, an applicant will have submitted all
required application submittal requirements mentioned above to the Planning
Department Staff. Once submitted, Staff will have 15 working days to review the
application to determine if all the required submittal information has been submitted as
required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
3
scheduled to be reviewed before the Planning Commission and will request the
applicant supply additional copies to provide the Commission for their review.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6, months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission will review the application, Staff will
conduct a land use review of the application using the County's land use regulatory
documents including the Zoning Resolution, Subdivision Regulations, and the
Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission containrng the results on the land use analysis. This Memorandum will
also be furnished in advance to the applicant.
At the date and time set for the public meeting before the Planning Commission, Staff
will present the findlngs in the Memorandum and the applicant will be required to
present the proposed subdivision and respond to comments and questions provided by
the Planning Commission. The comments provided to the Applicant by the Planning
Department and the Planning Commission as a result of the Sketch Plan Process will
be kept on file in the Planning Departmentfor 1-yearfrom the meeting date before the
Planning Commission. lf an Applicant does not submit a Preliminary Plan application to
the Planning Department within the 1-year timeframe, the Sketch Plan file will be
closed and the Applicant will need to reapply for a Sketch Plan review prior to a
Preliminary Plan review.
B) Preliminarv Plan Review (Section 4:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Preliminary Plan review process is to conduct a thorough review of
the many aspects that are associated with dividing land in Garfield County for the
purposes of residential, commercial, and industrial development. This is the most
intensive review step where the Building and Planning Staff, the Planning Commission,
and the Board of County Commissioners (BOCC) will conduct a thorough review of all
the issues associated with the proposed subdivision against the County's regulatory
requirements. Ultimately, the purpose of this process is to identify all the major issues
in the proposed subdivision by using the County's Zoning Resolution, Subdivision
Regulations, Comprehensive Plan of 2000, as well as other state and local referral
agencies that will provide comments on any issues raised in their review. This is the
process that will either approve or deny the application request.
4
2. Applicability
Any individual proposing a subdivision in Garfield County is required to complete the
Preliminary Plan review process as the second and most intensive step in Garfield
County's Subdivision process. More specifically, Garfield County defines a subdivision
as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or
separate interests, or the use of any parcel of land for condominiums, apartments or
other multiple-dwelling units, as further defined by Colorado state law.
3. Application / Submittal Requirements
In order to apply for a Preliminary Plan Review, an Applicant must have already
completed the Sketch Plan review process addressed in Section 3:00 of the
Subdivision Regulations.
An applicant requesting Preliminary Plan review will be required to submit this
applicatlon form, all the required submittal information contained in Sections 4:40 to
4:94 of the Subdivision Regulations as well as address all of the applicable Desiqn and
lmprovement Standards in Section 9:00 of the Subdivision Regulations.
ln addition to the substantive submittal information related to the proposed subdivision
project itself, an applicant is required to complete all the public notice requirements so
that legal public hearings can be held before the Planning Commission and the BOCC
which is addressed in Sections 4:20 - 4:31 of the Subdivision Regulations.
4. Process / Public Hearinos
The Preliminary Plan review process is considered a 2-step process because the
application is ultimately reviewed by two County decision-making entities during public
hearings: the Planning Commission who makes a recommendation to the BOCC.
ln order to obtain dates for the public hearings before the Planning Commission and
the BOCC, an applicant will have submitted all required application submittal
requirements mentioned above to the Planning Department Staff. Once submitted,
Staff will have 30 working days to review the application to determine if all the required
submittal information has been submitted as required.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff
will provide the applicant with the notice forms to be mailed, published, and posted.
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomolete." The letter will also outline the applications deficiencies so that the
5
applicant knows what additional information needs to be submitted. At this point, the
applicant has 6 months (180 days) to provide the necessary information to the
Planning Department to remedy the application so that it may be deemed technically
complete. lf the application has not been deemed technically complete within this time,
the application will be terminated.
Once the application has been deemed technically complete and a date has been
established as to when the Planning Commission / BOCC will review the application,
Staff will conduct a land use review of the application using the County's land use
regulatory documents including the Zoning Resolution, Subdivision Regulations, and
the Comprehensive Plan of 2000. ln addition, Staff will also consider referral comments
provided from a variety of state and local agencies who may also review the application.
As a result, Staff will write a Memorandum on the proposed subdivision to the Planning
Commission / BOCC containing the results on the land use analysis. This
Memorandum will also be furnished in advance to the applicant prior to the public
hearings.
As mentioned above, Staff makes a recommendation to the Planning Commission and
the BOCC regarding the issues raised in the analysis of the proposed subdivision. The
Applicant will first propose the subdivision to the Planning Commission who is
responsible for making a recommendation of approval, approval with conditions, or
denial to the BOCC. Next, the application will be reviewed by the BOCC during a
regular public hearing. The BOCC will consider the recommendations from the
Planning Staff and the Planning Commission, the information presented by the
applicant, and the public. As a result, the BOCC is the final decision-making entity
regarding the proposed subdivision and will either approve, approve with conditions, or
deny the application.
lf the BOCC approves the subdivision application at the public hearing, the approval
shall be valid for a period not to exceed one (1) year from the date of Board approval,
or conditional approval, unless an extension of not more than one (1) year is granted
by the Board prior to the expiration of the period of approval. (See the specific
information provided in Section 4'.34 of the Subdivision Regulations.) Following the
hearing, Staff will provide a resolution signed by the BOCC which memorializes the
action taken by the Board with any / all conditions which will be recorded in the Clerk
and Recorder's Office. Once an applicant has Preliminary Plan approval, they are
required to complete the third and final step in the County's Subdivision Process. Final
Plat Review.
C) Final Plat Review (Section 5:00 of the Subdivision Regulations)
1. Purpose
The purpose of the Final Plat review process is to provide the applicant with a
mechanism to prove to the County that all the conditions of approval required during
the Preliminary Plan review process have been met / addressed to the satisfaction of
the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will
sign the Final Plat and have it recorded memorializing the subdivision approval granted
by the BOCC. This is the last step in the County's subdivision process.
2. Applicabilitv
Any individual proposing a subdivision in Garfield County is required to complete the
Final Plat review process as the third and last step in Garfield County's Subdivision
process. More specifically, Garfield County defines a subdivision as the division of a lot,
tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or
the use of any parcel of land for condominiums, apartments or other multiple-dwelling
units, as further defined by Colorado state law.
3. Application / Submittal Reouirements
ln order to apply for a Final Plat review, an Applicant must have already completed the
Preliminary Plan review process addressed in Section 4:00 of the Subdivision
Regulations.
An applicant requesting Final Plat review will be required to submit this application form,
all the required submittal information contained in Section 5.00 of the Subdivision
Regulations and responses to all the conditions of approval required as part of the
Preliminary Plan review process.
4. Process
The Final Plat review process is considered a'1-step process because the application
is ultimately reviewed by the Building and Planning Staff and presented to the BOCC
for their signature if the application satisfies all the required submittal information to the
satisfaction of the Building and Planning Department.
lf Staff determines that all the required information has been submitted, a letter will be
sent to the applicant indicating the application has been deemed "technically
complete." lt is at this point Staff will also indicate when the application has been
scheduled to be presented to the BOCC for signature. (This is not a public hearing or
meeting and therefore does not require public notice.)
lf Staff determines that all the required information has not been submitted, a letter will
be sent to the applicant indicating the application does not comply with the submittal
requirements and therefore has determined the application to be "technically
incomplete." The letter will also outline the applications deficiencies so that the
applicant knows what additional information needs to be submitted.
Once the application has been deemed technically complete and a date has been
established as to when the BOCC will review the Final Plat, Staff will review the
application / Final Plat in terms of adequacy to determine if all the submittal information
satisfies the Final plat requirements as well as the responses to the conditions of
approval. During this review, Staff will forward the Final Plat the County Surveyor for
review and a signature. ln the event there are additional questions or clarification
issues to be addressed, the County Surveyor will generally contact the applicant to
have the plat adjusted as necessary. Once, Staff has completed the review and all
required information has been submitted to the satisfaction of the Planning Department
1
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 slgn 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
general guide for an applicant considering a subdivision in Garfield
County. lt is highly recommended that an applicant either purchase
the Garfield County Zoning Resolution and Subdivision Regulations
or access them on-line at:
*L%w#ww.w., ww ffiN qj : s,ry s,sW-frffiMfu#i"!fri fr x . -m w& -w! #,w*t"*ffi { w#* ry,*ffi:
in order to ascertain all the necessary requirements for each of the
three steps including Sketch Plan 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 st of my knowledge.
BALCOM94 GREEN, B
Juty 3 L ,2007
Datey for Applicant
Last Revised : 07 12512005
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuantto Board of County Commissioners ("Board") Resolution No.98-09, has established
a fee structure ("Base Fee") forthe processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield Countv Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Pa),ment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County stafftime or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the Counfy prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Sketch Plan
Preliminary Plan
FinalPlat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional (Jse Permits). Administrative/nopublichearing. Board Public Hearing only. Planning Commission and Board review & hearing
Zoning Amendmentst Zone District map amendmentt Zone District text amendment. Zone District map & text amendment. PUD Zone District & Text Amendment. PUD Zone District Text Amendment
Board of Adjustment
. Variance
r Interpretation
Planning Staff Hourly Rate. Planning Directorr Senior Planner
. Planning Technician
. Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$325
$6ZS + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$ 100
$300
$2s0
$400
$525
$450
$300
$500
$s00
$500
$250
$250
s50.s0
$40.50
$33.75
$30
Determined by Surveyor$
$11 - l't page
$10 each additional page
Page2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual tirne required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirmino
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
5.
6.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD coLrNTY (hereinafter couNTy) and Etk Sprines. LLC
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an applicarion for
Final Plat Elk Springs Filine 8 Phase 1. Los Amieos Ranch PUD (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 COLINTY 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 involv.d- in p.o..ising 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 Cornmissioners for the consideration of an
application or additional COLINTY 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 COUNTy
for the processing of the PROJECT rnentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COLNTY of any land use perrnit, zoning amendment, or subdivision
plan.
Lawrence R. Green
Print Name
Mailing Address: Balcomb & Green. p.C.
P.O. Drawer 790
Glenwood Sprines. CO 81602
wrence R. Green,for Applicant
Page 4
EDWARD MULHALL, JR
Scorr BALCoMB
LAWRENCE R, GREEN
TrMorHY A. THULSoN
Da,vrD C. HALLFoRD
CHR|SToPHER L. CoyLE
THOMAS J. HARTERT
CHRTSToPHER L. GEtcER
SARA M. DUNN
DANIEL C. WENNoGLE
Scorr GRosscup
JoRDAN C. MAY
Re:
Dear Fred:
BAr,coMB & Gnrcrcx, p.C.
ATTORNEYS AT I/AW
P. O. DRAWER 79O
818 COLORADO A\TENUE
GLENwooD SpRrNcs, Cor,oRADo a16OP
Telephone: 970.945.6546
Facsimile: 970.945.9769
M.balcomboreen.com
August 2,2007
KENNETH BALCoMB
( I 920-2005)
OF CouNsEL:
JoHN A. THULSoN
VIA HAND DELIVERY TO:
Fred Jarman, Planning Director
Garfield County Building & Planning Department
108 Sth Street, Suite 0l
Glenwood Springs, CO 81601
Elk Springs, Filing I Phase 1
I am herewith submitting to you duplicate copies of an Application for Final Plat approval for
Elk Springs, Filing 8 Phase 1, a Subdivision of Los Amigos Ranch PUD. Just like Filing 7, which
was approved in August, 2005, all of the subdivision improvements within Filing 8 have already
been completed. I am therefore including with this Application all of the information that was
provided with the Application for Filing 7, including the supplemental information requested in your
letter to me dated July 25,2005. This Application package contains the following:
1. Garfield County Subdivision Application Form, together with the Agreement to Pay
Form, which I have signed as counsel for the Applicant.
2. Proposed Final Plat Elk Springs Filing 8 Phase l, Los Amigos Ranch PUD. Please
note that this draft Final Plat has been prepared so that it is consistent with the approved Final Plat
for Elk Springs Filing 7. Thus, the draft Final Plat contains all of the information and is otherwise
consistent with your letter of July 25, 2005 requesting modifications to the Filing 7 Final plat.
Specifically, the draft Filing 8 Final Plat contains a vicinity map, sets out the name and address of the
owner of the property and the Bureau of Land Management, as the sole owner of a severed mineral
interest, contains the correct surveyor and Board of County Commissioners certifications, contains a
plat note (#7) regarding control of noxious weeds, and contains a table of areas stating the respective
acreage of lot area and common open space within the plat, thereby confirming that the ratio of
dedicated open space to developed land remains in excess of 50/50.
BAr,coMB & GREEN, P.C.
ATTORNEYS AT I/Aw
Fred Jarman, Planning Director August 2,2007
Page 2
3. A draft of a Subdivision Improvements Agreement Elk Springs Filing 8 Phase 1.
Again, the draft Subdivision Improvements Agreement has been prepared so that it is consistent with
the approved Subdivision Improvements Agreement for Elk Springs Filing 7. Thus, it contains all of
the language and other additions that you requested in paragraph A(7) and all subparts in your letter
to me dated July 25,2005.
Please specifically note that paragraph 9 of the draft SIA states that the Applicant will pay the
applicable impact fee to the Carbondale Rural and Fire Protection District. Also, please note that the
Applicant has now delivered a deed for the School Site Parcel to RE-l School District. The
recording information for that Deed is stated in paragraph 8 of the draft SIA.
I also want to call paragraph 3 of the draft SIA to your attention. That paragraph is intended
to state the total cost of subdivision improvements that have been installed. However, Dow
Construction, the contractor that performed the work within Filing 8, did all of that work in
combination with the installation of all of the subdivision improvements with the future Filing 9 of
Elk Springs. The contractor is not able to now go back and separate the cost of that work into two
separate Filings. Therefore, I have modified paragraph 3 of the draft SIA to attempt to make it clear
that the total cost stated therein is the cost of both the Filing 8 and future Filing 9 subdivision
improvements.
4. A letter from Dean W. Gordon, P.E., the project engineer, certifying construction of
the Filing 8 subdivision improvements, together with the attachments referenced in that letter which
include a letter from Dow Construction, contractor of record, a letter fiom HP Geotech regarding
compaction testing and site obsenration, a letter from Gary McElwee, owner's representative during
construction, and a spreadsheet from Dow Construction which sets forth the materials used and the
cost of installation of the subdivision improvements. As I stated in the preceding paragraph, the
costs set forth on the spreadsheet combine both the Filing 8 and the future Filing 9 subdivision
improvements.
5. Drawings entitled Record Map, Filing 8 which are the as-built drawings for the
sewer, water and other utility lines within the Final Plat.
6. Construction drawings for the roads within the Final Plat. During the course of the
County's approval of Filing 7 it was concluded that because these are private roads, a record map of
the roads is not required.
7. A Supplemental Declaration by which Elk Springs Filing 8, Phase I will be annexed
to and made a part of Elk Springs Homeowners Association, Inc. During the course of approval of
Elk Springs Filing 7 we provided the County with documentation confirming that the name of the
Los Amigos Ranch Homeowners Association had been lawfully changed to Elk Springs
Homeowners Association, thereby ending the confusion that there were fwo associations.
Furthermore, the Supplemental Declaration for Filing 8 is the same as the Supplemental
Declaration we used for Filing 7, so that Section 2.6 thereof states the requirement that all
homeowners must create a defensible space around their homes and Section 2.8 thereof sets out the
BAr,col}B & GREEN, p.C.
AIIlIORNEYS AT LAw
Fred Jarman, Planning Director
requirement for animal proof trash containers. These two Sections, together with
building envelopes on the lots, satisfy the recommendations of the Colorado State
the Colorado Division of Wildlife with regard to this Subdivision.
August 2,2007
Page 3
the location of the
Forest Service and
8. A Certificate of Taxes Due reflecting there are no real property taxes due for the
property.
9. A "can and will" serve letter from Red Canyon Water Company, stating that it has the
capacity and will provide water service to the Subdivision.
10. A "can and will" serve letter from counsel for Spring Valley Sanitation District,
stating that the District has the capacity and will provide wastewater treatment service to the
Subdivision.
11. Draft Deeds conveying the streets and roads and common area parcels within the
Final Plat to Elk Springs Homeowners Association, Inc.
12. Our check in the amount of $200.00 which we understand to be the application fee.
Regarding phasing, paragraph 9 of Resolution 98-30, a Resolution Concerned with The
Approval of The Preliminary Plan for Los Amigos Ranch, Filings 6-10 Subdivision adopted a
clarified phasing plan for the entire Subdivision. Under that phasing plan, Filing 8 is to be completed
by December 31, 2008. Therefore, the enclosed Final Plat for Elk Springs Filing 8 Phase 1 is within
the phasing schedule approved in Resolution No. 98-30.
Thank you very much for your attention to this Application. As always, I look forward to
working with you to obtain the County Commissioners' approval of this Final Plat.
Very truly yours,
LRG/bc
Encl.
xc: Gary McElwee (w/out encl.)
BALCOMB GREEN, P.C.
SI S,\\ \\'.. [-.AAI'SCH.\\\,\ 5. I'II:NBEII.U
( ,ASSIr\ I{. I:L.lR\'lAN
rir- r'Fr E ,.NNE JulY 2,2007
C,,,\SS,A N DR;\ L. COLEMAN
( FI.\I) .1. LEE
Lalv'rence R. Green. Esq.
[Jalcontb ct Green. P.C.
S lii Colorado Ave.
P.[). Drln.ver 790
CIcnu,ood Springs, CO 81602
I-OYAL, D. LEAVENWORTH
S \NDER N I(ARP
J,.\MES S. NEU
I(;\RL J. t{ANLON
\,lICHAEt- J. SAWYER
LEA\,'ENWOR'TH & IiARP, P.C.
ATTORNEYS AT LAW
j20I l4}r STREET, SUITE 200
P. O. DRAWER 20.]O
GLENWOOD SPRINGS. COLORADO 8I602
Telephone: (97 0) 945 -2261
Facsinrile: (91 Ot 945-7 336
.1 snqil Il<Iarvf r rnr.conr
DENVER OFFICE:*
7OO WASHINGTON ST. STE 702
DENVER, COLORADO EO203
Telephone: (303) 825-.1995
*( P I ause tl i rat't u I I tort'asJtttt t tl c t r c<,
It.t t.tttr' (iIettt ootl .\1trirrg.; ()l.lir,a)
JUL O 5 zt]tj/
,-**J1-
BALCOMB ANN GREF"N, P"C,
Re:
Dear Larry:
As t'<lLt know, we represent Spring Vallcy Sarritation District (thc "District"). lt is iii-i,
iiir!lclsttritrling that yoLlr clicltt is preparing to clcvelop Filing !i, phase I ol.Elk Spnngs pUD ir hicir
is ttr bc cieveloped wlth l8 single family lots (the "Property"). T[e District apcl the o\\,ner ol.the
I)rollerty ctltered into that certain Pre-lnclr.rsion and Wastewater Treatment Plant Developnrent
.'\grecntetrt datetl December 15, 1999 and recorded with the Garfield CoLrnty Clerk apd Recorder
as Receptioll No. 587475 (the "PDA") which commits capacity in the District's wastewater
tretltnlent plant for the development of the Property. The PDA also sets forth terms and colditions
o1'the Districts provision of wastewater treatment service to the Property. Therelbre, gre District
hrts tlte capacity itt its wastervater treatment plant ancl can ancl ll,ill serve he prollerty *,it5
rt lste tt ater treatltreut service, sLrbiect to the lollorving conclitions:
I . A complete set of sewer constructior-r plans are provided to the District 1br its revielr,,
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 Lipe
Connection Agreements as required by the District's Rules and Regulations ancl/or
the PDA;
a,).'Illc- Applicant contplies rvith all of thc Icrnrs and corrtlitions of rhc pDA arrtl thc
District's Rules and Regulations; and
Pttrsuant to the District's Rules and Regulations and the PDA, the Applicant shall
reimburse the District for all costs incurred by the District regarding this project,
inch-rding, but not limited to legal and engineering review.
4
I,E,{VEN\\'ORTH & KARP, P.C.
I:ik Springs PUD Filing 8, Pl-rase 1
lr r.',. )r ,rFL -
.lLrly 2, 2007
.i,>r\:
cc: Denise Diers (r,ia e-mail)
Scott Leslie (via e-n1ail)
Car1, NlcElwee (via e-lttail)
Please let me know if you have any cluestiorts.
Very truly yours,
LEAVENWORTH & KARP, P.C.
Julies S. Neu
lr r)r ( 1,ilr1:i S!Sl) lrll-l 4Rl' I l35,l,crkls\ScNc spd
Red Canyon Water Company
2929 County Road 114
Glenwood Springs, CO 81601
970-945-6399
2-27-07
Fred A. Jarman, AICP
Assistant Planning Director Garfield County
l08 8th St. Ste. 201
Glenwood Springs, CO 81601
Dear Mr. Jarman,
The Red Canyon Water Company, owned by the Elk Springs Homeowners Association,
has infrastructure in place to provide water to all lots in the Elk Springs Subdivision,
Filing 8 of the Los Amigos Ranch PUD.
Red Canyon Water Company has storage capacities in place to supply water to the entire
subdivision at build-out. All water rights are secured and all water allotment contracts are
in place through the Basalt Water Conservancy District.
e" /1,"'.A--,.J-*1r^
Garv McEl.wee
Secretary/ Red Canyon Water Company
e SCHMUESER I GORDON i MErER
ENGINEERS & SURVEYORS I l8 w. 6TH, sulrE 2OO
eEN$,moffilNCS,@8160l
970-945- I OO4
n: 970-945-5948
P.O. BOX 2155
asPEN,CO8l6l2
97c_925-67?7
d, 970.925-4 157
P.o. Box 3088
CRESED BUfrE. CO 8 I 224
97+349-s355
ry: 97G349-5358
July 25,2007
Larry Green, Esq.
Balcomb & Green, P.C.
Attorneys at Law
P.O, Drawer 790
Glenwood Springs, CO 81602
RE: Filing 8, Elk Springs Subdivision
Certification of Public lmprovements
Dear Larry:
Via E-Mail: larry@balcombgreen.com
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
imfrorements within Filing B, 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
approvalfor Elk Springs Filing No, 8.
Attached hereto are letters from Dow Construction, the contractor of record; H-P Geotech, referencing
compaction testing and site observation; and Mr. Gary McElwee, owner's representative, who provided
project management during construction. Also attached is a spreadsheet entitled 'Elk Springs
Production", which identifies the materials used to installthe 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 8-and appear to be constructed and installed in compliance with applicable construction
documents.
I trust this is sufficient for your needs to document the completion of the necessary infrastructure for
Filing 8.
l:\1981\01502\C\29\20070725 Letter to LRG from Dean Gordon flling 8.doc
{a,u:ws"ry_v 8t4o31v€
tfi[t L e tnt
tlctv coNsTvt-lcTxol{, co- IruC.
ElZ4l04
Dean Gordon
Sohmueser, Gordon & MeYer
I 18 w- 6u Strea
Ste.200
Glcrrwood Springs CO 81647
Projwt; EIL SPrings Subdirnsion
RE: Constnr"ttn fr""uaures for Utility Tronches and Road Constnrction in
Filings 5,6,'1,8&9'
After e rieht ofway has heen flagge{ we begin by the clearins ofnees and brush-
Then topsoil is stockpiled tr phced at tfr-side of the roadway. After clearing and
gu;[ti+ "
road surface uras established by cutting arrd fi_lling as requ'ed.,.F4uipmeot
il*firra:"Bulidozers Exoavators, Lqaders, sheep foOt and srnooth drum rollers, water
;;L& dump trucks, erc. Fills were placed in appro:omately I !gt_I:"f lifts and
""-rffir,Jrt oi t.u"t g5 o/o strrrldard prootor ae.ts1ty. The firpr of H-P Geo'tech was hired
to establish water content and compictive efftort needed to achieve this- Duo to the rochy
environrnent borrOw pits wero established- This was noosssary to produce fines, Fines
*o. ".ua to stablish L *tiufrotory road bed- The borrow pits werc then used as aburn
iu iit clearing debris and a Uury pit for oversize boulders. The pits were then covered
with soil and revegitated. After aroaAUeO had been establishe4 utility c{Juslr'uu-tiou
began Utility trench locations were ostablished, A bulldozer with a 42" rippor followed
rfriJi*-ent matsjng a tretrch that uras theo fiIled with water The ureter uuck was
equipp"ed with a speclat nonlefabricated to eject water directly into the-trench, This
p*o#*. ereetly etrhauced the mrxing of ea{th and waterforthe bacldlling procedure'-ni.iin-" plpi r"a nttings were placed] the pipe was bedded in a special material free of
,"af., *;; than3/i in size. A 1 fooi f"G of Ais bedding was placed and cornpacted'
-ompigion prOcedures were frequuntly [cstud l.ry geo-tcohs to assure moigturc co6tent
and soil dongiry. After the bedding procedure was completed additional utilities were
tt *-ptr"ra ani tlr" above mentioneti bedding techniqrri was repeated' After all utilities
were installe4 the reorainde.r ofthe trenoh was bacld.lled using the same msthod' When
the utilities have been constuucted, tested, and approved by the Proper expertq t}e road
2.C
ZO
TESZ }BC OLE
HHSf 8 SO3]I,,1f SDI
NOIIf,NHISNDC NOO d6E:UO ED VI UBT
65e 99t6815 9Z:ZZ 9AAZ jAT,'t9Df93d
bed was reestabiished, This is achieved by scarifoing, u'atering, and rolling. AII top
eoiling and clean up efficrt occur at this f'oe. Before gravel placement begins, a groof
roll test is performed in the presence of a geo-tech or engineer. This is accornplished by
uSserving ths road surface und.er the vv'hccls of a futly loodcd drrop tmck or wstcf, tnrok
lf any mJvernent is noted the area is marked atrd reworked Lmtil the failure is reuredied.
Aftd tbe proofroll is approve4 the gravel placement wiU be*in A filter frbric was
placed beiween the sub-grade flnd gravsl. It is place.d between the sub-grade and tho road
[u". t" prevcnt integati6n. 'fhe fitter fabric is iolled out in front of the fucks dumping
gravel. The fabric is held in place by grade sralres. The grade stakes provide alignment
Ind elevotion location. The gravel is manipulated into place by a motor grader, rsllers
and watc.r trusks. The goat is to aohiovo Bmoothnees, grode, slope, drarnage and dentitl'
to rnake an all weatlrer surface- Agarn a geo-teclr is used to assrrre moisture content and
density. Be assured that every "fficrt
was made to assure a quality and safe produot to the
best of our ability.
SincerelVQ>\7
Dow Rippy /
President, Dow Constnrclion CO. Inc"
,,
,n
.-**o';)'y' 71i,l..f o' , ,r{ /-----------
Joe l-undeen
Supervisor, Dow Construction CO. Inc,
c'dEA fgUd
resz te6 026UHSf ,8 SO9II,,]f SDI
Unf I''lllxIqlln-r hnd55e9Et5Ai6
HEPWORTH . PAWLAK GEOTECH N ICAL
5020 Gounty Road 1!4
Glenwood Springs, CO E1601
Phone: 970.945.7988
Fax:970-945{454
September 9,2004
Elk Springs,LLc
Atten: Greg Boecker
2929 County Road I 14
Glenwood Springs, Colorado 81601
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, HP Geotech visited the site and performed in-place density testing and observed the
roadways at base course grade on June I 1,2004.
Six density tests were performed and all tests met the Project minimum density of 95%o 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 inches.
During our visit the gravel roadway surface was observed for signs of instability such as 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
'J'rJ'N33U0 0NV rititOg tvii
nfl
euG-t?-zaa+ 16:36 H-P GEOTECH P.Al-/Bt
c&Etecr,
HEPWORTFT . PAWLAK GHOTECHNICAL
Earthwork Observation and Testing Report
Client: Los Amigos Ranch Partnership
Attn: Greg Boecker
2929 CountY Road 114
Glenwood SPrings, Colorado 81601
t'oi.ro, t,,,::fj,*tj''i: t:t.'r:,.",--@ Moisture/Density Tes
5020 CountY Road 1$4
Glenwood Springs, Colorado 8.l 650
Phone: 970-945.7966
Fax: 970-945.8454
hpgeo@hPgeotech.com
Job No.
Report No.
196 617-1 Date: 6-11-04
Page: 1 of
Test
No.
Location
Los Amigos
Depth or
Elev.
Field
Dry
Density
PCF
Field
Moisture
Content
o/o
Percent
Comp.
Min. %
Comp-
Req.
Lab No./
Depth
.r T tqse,
1
at ihiersection with Little Wood
Lane. rioht of centerline
finished
qrade 130.3 1.5 96 95 aEsumed/
8"+
2 100i north of hiking trail
riohf of canterline
finished
orade 130.9 2.0 96 95 assumed/
8"
3 400' north of Primrose Point
left of centerline
finished
orade 132.0 1.7 97 95
assumed/
8"+
4 tOO'nortn of Primrose Point
right of centerline
finished
grade 132.1 2.O 97 95 assumed/
8"
5
at intersoction with Gossamer
Road left of centerline
finished
srade 130.5 1.6 96 95 assumed/
8"+
97 9s assumedl
E"+6 at intersection with.r,*il]:: . J_jiig"
NATUBE SAVEB]T TAX IIEMO UI6
131.6 I '1.7
i16m
. [rrcn n\A.x\-r\ I r !\-
-.-
r
lco LISttll
lP**'9t.Js-.lqvto
lraxr
,l,l llJuwl I
rte base course
--
oANCE Wml ASTM D?92? AND 03017.
r well compacted. No t
MicFael Evanq"
Field Observer
=
Proctr
r-G6-
II assur
t,.--
L"_
TIIE NUC
Progt
;--
Dow C
orsample Reference ffi
No'l Methodt L.,virlr_
T---r-|IL----r-- |
)LE{R OEN9OMETER METHOD OF TESTING WAS USED IN SUBS'I'ANTIAL ACCOR
r*trffi
:ess Report: All roadway base appeared to be
lonstruction - Dow R|PPY
signs of instability were evident.
I
| ,r.a^ Jty ]--6Pt i.l Dens ..1 -N,loist --.1- | i36.0 I 7.0 -Jtii
tt-Lr ---.1
Reviewed By
TOTRL P.A1
.luly 2. 20t)7
Larrl (irccn. Iisq.
Balconrb & Green. P.C.
Attornc'y's at [.aw
P.O. Drawcr 790
Glenr.rood Springs. C'O 81602
RE: Filing 8, Phase I, Elk Springs Subdivision
Pu blic I nfrastructu re I mrlrovements
Dear Larry':
In my capacity as a member of the Architectural Review Cornmittee and the Ranch
Manager for Los Amigos Ranch LLC. I was involved and am aware of the construction
of public infrastructure improvements fbr Filing 8, Phase l. The contractor fbr the
improvements was DOW Construction Company, Inc.
This is to certify-that the public utility systems and roadway infrastructure facilities were
installed in their entirety and w'ere installed in compliancc r.vith approved construction
documents. All systems have been tested and are ready for their intended use.
I
Project Manager
ae{2412887 22:29 97AS455399 LOS Ah,llGDS & ESHA PAGE 02
1ei'24/ 2OAT 22129 9749455399 LCIS AMIGOS & ESHA PAGE A3
EDWARD MULHALL, JR
SCoTT BALCOMB
LAWRENCE R, GREEN
TlMorHY A. THULSoN
DAV|D C. HALLFoRD
CHRTSToPHER L. CoYLE
THoMAS J. HARTERT
CHRISTOPHER L, GEIGER
SARA M. DUNN
DANTEL C. WENNoGLE
Scorr GRosscuP
JoRoAN C. MAY
BAr/coMB & GnnrcN, P.C.
ATTORNEYS AT ITA.W
P. O. DRAWER 79O
8 18 COI/ORADO A\'EIY[IE
(il,ErvwooD SPRTNGS, cOr,oRADO 81 6()2
Telephone: 970.945.6546
Facsimile: 970.945.9769
\^/W.balcomboreen.com
October 4,2007
KENNETH BALCOMB
( I 920-2005)
OF CoUNSEL:
JoHN A. THULSoN
VIA HAND DELIVERY TO:
Craig Richardson, Senior Planner
Garfield County Building & Planning Department
108 Sth Street, Suite 01
Glenwood Springs, CO 81601
Re: Elk Springs, Filing 8 Phase 1
Dear Craig:
1. A coPY of I
Filing 8 Phase 1 Final Plat
to be recorded at the same'
I am delivering the following documents with this letter:
a Power of Attomey giving Gary L. McElwee authority to sign all
. related documents. The original of this Power of Attomey will need
time we record the Final Plat, SIA, and other documents'
2. The original,Plat mylar, signed by all appropriate parties.
3. The original of the Elk Springs Filing 8 Phase 1 Subdivision Improvements
Agreement, signed by Elk Springs, LLC.
4. Copies of the executed Deeds conveying the open space and roads to the
Homeowners Association, and Supplemental Declaration by which Filing 8 Phase 1 is made
subject to the Elk Springs Covenants and a part of the Elk Springs Homeowners Association are
also enclosed. I have th-e originals of these documents in my possession and will 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, October 1Othor 11th. Please contact my assistant, Britt Choate, and
coordinate with her the recording of the Power of Attorney, Final Plat, SlA, Deeds and
Supplemental Declaration once the Commissioners have executed the Plat and SIA.
BAr-cora & Gnrrx, P.C.
ATTORNEYS AT LA.w
Craig Richardson, Senior Planner October 4,2007
Page 2
5. Also enclosed is Elk Springs, LLC check #2559 in the amount of $3,600.00 for
the RE-1 School District fees and check #2560 in the amount of $7,866.00 for the Carbondale
Rural and Fire Protection District fees.
It is my understanding that the matter of the approval of the Elk Springs Filing 8 Phase
Final Plat and SIA ur. .ro.rtly on the Board of County Commissioners' Consent Agenda for
this coming week. if my undeistanding is incorrect, please let me know at your first available
opportunity.
As always, thank you very much 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.
LRG/bc
Encls.
xc: Gary L. McElwee (w/out encls.)
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That, the undersigned, Thomas E. Neal, individually,
and as Manager of Elk Springs, LLC, a Colorado timited liability company, reposing special trust and
confidence in Gary L. McElwee of the County of Garfield, State of Colorldo, has made, constiruted and
appointed, said Gary L. McElwee his tme and lawful Attorney-in-Fact for him in his name, place and stead,
,oi" ur" and benefit, to execute and record the Final Plat and Subdivision Improvements Agreemenl ("S[A"i
for Elk Spnngs Filing 8, Phase l, a Subdivision of [,os Amigos Ranch Planned Unit DeveloPment, a
subdivision of the real property described on Exhibit A attached hereto and incorporated herein by this
reference, located in Garfield County, Colorado'
Said attorney shall have full power, right and authority to make, execute, sign, acknowledge and record
said Plat and SIA and all other documents or writings in such forms and of such €ontents as said attomey shall
deem advisable and necessary in connection with the recording oflhe aforementioned Plat and S[A, including,
without limitation any deed or deeds conveying Open Space or roads within said Final Plat to the Elk Springs
Homeowners Association, Inc.
The purpose and intent of this Power of Anorney is to clothe said appointed attomey with all power
and authority in connection with said Plat to the same extent and with the same power and authonty which the
undersigned might exercise, and which power and authority is expressly so conferred; hereby rati$ing and
confirming each and ever,'thing said attomey shall do or purpofi to do by virtue of these presents.
This Power of Attorney shall be effective irnmediately and shall terminate on December 1,2007
without further action of the principal.
Al9o", of Scptembe r,2oo7.
Thomas E. Neal, individually and as Manager of
Elk Springs, LLC
FEIN# (Elk Springs, LLC): 36-3534305
STATE OF ILLINOIS )
) ss.
couNTY oF cooK )
The foregoing instrument was acknowledged before methis 3l( day of September, 2007, byThomas
E. Neal, individually and as Manager of Elk Springs, LLC, a Colorado limited liability comPany.
Witness my hand and offrcial seal
My commission expires oq I or I ro
O t*P.00{5\Ury Cr.n:b arlito b(itP!6 d( !69,r tldrr E tsd E OrrJ kEl6 ro dhr Ar SFhg Fi6rl t Ers l FitiJI E:| 9 10'07 rF'
ffFrc[TLSEAL
SHilJN'SSAR
rcr rrftrLc.ST lEoFrrrffi
IN WITNESS W:HEREOF, I have hereunto set my hand on this
SUBDIVISION IMPROVEMENTS AGREEMENT
ELK SPRTNGS FILING 8 PHASE 1,
A SUBDIVISION OF LOS AMIGOS RANCH P.U.D.
THIS AGREEMENT is made and entered into this day or D"l,,hUr ,2007,
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 moreparticularly
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. desigpated as Elk Springs Filing 8 Phase 1, under the terms and conditions set forth
in county Resolution No. 98-30, as amended by Resolution 99-102; and
WHEREAS, both the PLrD 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 g phase 1, a Subdivision of Los Amigos Ranch P.U.D., (hereinafter "Final Plat") for
a portion of the property lying within the Los Amigos P.U.D. more particularly described in said Final
piat 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 sufficient by the County to secure and guarantee Owner's performance of this agreement, and
has agreed to certain restrictions and conditions regarding the issuance of building permits,
certifrcates of occupancy and sale of properties, all as are more fully set forth hereinafter'
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and
agreements herein contained, Owner and the County agfee as follows:
1. Final Plat Approval.
The Countyhereby 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-
lO2, indthe requirements of the Garfield County Zoning and Subdivision Regulations.
2. 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 8 Phase 1,
(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 County Zonrng 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 apart of this agreement;
ii. all requirements of Resolution Nos. 96-34, 98'34, and 99-lO2
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. allterms andlorconditionsandiorrequirementscontainedwithinsuch
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:
i. Potable water supply and distribution systems for Elk Springs Filing
8 Phase 1;
ii. Internal roads, specifically Elk Springs Drive and Juniper Drive;
iii. Drainage features;
iv. Waste water/sewer collection system in accordance with Spring Valley
Sanitation District specifi cations;
v. Utility structures, including electric, telephone, cable television and gas
lines.
Page 2
c. Payment of all fees required by the County andlor
authority(ies) or special district(s) with jurisdiction, as maybe required
Improvements.
other governmental
for installation of the
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
Final plat ofElk Springs Filing 8 Phase I and Elk Springs Filing 9 (which will be platted in the future)
as set forth in the Certification of Costs is $1,528,845.00.
4. Securitlz for Improvements. No security is required as all lmprovements have
previously been constructed and installed and certified as complete.
5. Water Supply and Wastewater Collection. Owner certifies that Owner has 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. All 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
piat of Elk Springs Filing 8 phase 1. 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.ivate ce Prov Road 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
s"*ice 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 of private 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. In 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 18 Lots
within the Final plat for a total Road lmpact Fee of $3,600.00. This fee shall be paid prior to or
simultaneously with the recording of the Final P1at.
7 . Conveyance of Open Space and Roads. Upon the mutual execution ofthis Agreement,
Owner shall execute and deliver deeds of conveyance for all open space parcels and roads reflected
Page 3
within the Final plat (collectively, the "Deeds") conveying the Open Space/Common Area and roads
of Elk Springs Filing 8 Phase 1 to Elk Springs Homeowners' Association, lnc., a Colorado Nonprofit
Corporation. th. 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 a tracl of land consisting of a portion of Los Amigos Ranch PUD 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 and by Deed recorded May 15,2007 as Reception No.
723310.
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 18 lots within the Final Plat for
a total Fire District impact fee of $7,866.00 prior to the recording of the Final Plat.
10. Sale of Lots. No lots within Elk Springs Filing 8 Phase 1 maybe separately conveyed
prior to recording of the Final Plat for Elk Springs Filing 8 Phase 1 in the records of the Garfield
County Clerk and Recorder.
1 1. Enforcement. ln addition to any rights which may be provided by Colorado statute,
the withholding ofbuilding permits provided for in paragraph 1 3 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 cerlificates 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 the abilify 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 u ,u*.y, 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 vacate 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.
Page 4
14. lnde . The Owner agrees to indemrufy 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 irnprovements
reqrired pursuant to this Ageement. However, the Owner does not indemnifli the County for claims made
assertingthat the standardi imposed by the County are improper or the cause of the inj,r.y asserted. The
County shall be required to notifli 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 notiflz and provide
such written option to the Owner shall extinguish the CounSs 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 acti or omissions of the County or its employees. Nothing in this paragraph shali be constmed
to ionstitute a waiver of the Sovereign Immunity ganted to the County by Colorado Statute and case law'
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. Venueandllnldil1lgn. Venue and Junsdiction for any cause arising out of or related to
this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to
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 by the parties hereto.
18. Binfling Effect. This Agreement shall be a covenant running with the title to each lot
within the Subdivislon, and the rights and obligations as contained herein shall be binding upon and inure
to the benefit of O1ner, its successors, and assigns.
19. Nt{* Al1 notices required herein shall be tendered by personal service or certified mail
upon the following lndividuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mr. Fred Jarman, Planning Director
108 8th Street
Glenwood Springs CO 81601
Elk Springs,LLC
c/o Mr. Gary McElwee
2929 Cotmty Road 114
Glenwood Springs, CO 81601
with copy to:
Mr. Lawrence R. Green, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs CO 81602
Page 5
INTO the day and year first above written.
ELK SPRINGS, LLC,
a Colorado limited liability company
By:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUT{TY, COLORADO
By:
Chairman
ATTEST:
Clerk to the Board
O rWP-DOCS\Lary Green\tas Rnch\Subdivision Improvemts Agrcml for Elk Springs, Filing 8 Ph6e I' L's AmiSos Rech PUD 7-6-07 wpd
E. Neal, Manager
Page 6
By:-
EXHIBIT A
tliOW ALL ,t,lf ^i 3Y f,qtrf PRf ';LA,'r'j l,hLtt I lA' \pr rr,q:'-, 11 t
b-ir;:i so/t:,,twner(.;.) ,r, ,it'.'e -';rri'rpit '., i iLil il,ot r(;,tt t)t,;pr;rl;'
,7e:;':ribc'd os:
,t'1 lroct ,cf lond situotr-. |p ;l'2i;.;lj,:,t1l ..i6, lrtr,,nr;l lp 0 .'lt,,t.tth, l,)J/ir,,t': ,\:/ ',i/,':, l,
Sr:ction 5, fcwn:;r,ip 7,,,)r.tlr,, F,tnt)t',18 ',le:;t rtn,J ltct.ttorr -il, i,,'4'11 ,;1111, l.;
-i ;u t,h, ,Ronge 33 West oll ctl ihe: otli Prrr r:ipi'tl /t/ertrlltLn, ')or fr'L;,/J t):,:,irt !,,',
Coiorodo berng n'tare,r;ortict,,,lorly' Jr:scr,;b.J o-s,i,:ll':.,tv:;.
n'r:glnning of tlte wesl 1,r"1 c,:rnt:,'of srticJ Sactiort ,i5,'
,'hertce, S 86'5A'25" t,21J.5.t1 f.'ert.) o po;/tt,'
,.hence, I'l 83'.i.1'0/" E,8.i5.57 fee't tc,,,;;,tttnt;
)-hence, S /3'29'14" W, .JJ9.22 fe:e,t 1o o palnt;
inence, lt 79'/5'ld" [, /08. 1o fc:t't tr, J {)(,ltit,'
thence -J-19.06 feet olong the orc of o ri-i().ti4 fect rocl/t)s citt'./t. lo ttte
left, hovinq o centrol angie of J0"48'/ 7" ond subtencllrtq r Clroitl br.'crrr,g
N 6.J"5/'09" E 3.i4.99 feet;
fhence, l'/ 48'27'0/" E, 209.55 teet tr-t ct polnt,'
lhence 8J./8 feet olong lhe orc of o 2/5.00 lc:r:t rctdt':r..; ctr/',.'t t, the
,.ight, hovrng o centro/ onq/e ol'.?2'O9'59" ond:;L/btendlnq o (.h,)rt7 l't,:orinq
N 59'32'00" [ 82 66 feet;
[hence, N //'/9'05" W 3/.79 feet to o pornt;
thence J5.49 feet o/onq the orc of o 425.00 ft'et rLtt'iiu:; curve tt, the
right, hovlng o centrol ongle of .1'4/'05" ond:;ubtcnJir,rl o c/',,.,rJ beortn,T
N 0B'55'J2" W J5.48 feet;
fhence, N 06'J2'00" 1,4/, 67.89 fe:et to o point;
Thence, S 80'/4'45" E, 52,09 reet to o point,'
fhence, S 06'J2'00" [, 5J.28 feet to o pornt;
thence 37.-r2 feet o/ong the orc c,tf o Jt'5.00 fee't rodrL-ts curvc to ttte lcit,
hoving o centrol ong/e of 4'47'O5" ond subtendtnq o chord bt'rr./'rre
S 0B'55'J2' f .1/.3/ feet;
lh en ce, S / / '/ I'O5 " E, 30. 58 feet trs o poln t;
thence 76.84 feet olong the ar,: of o 2/5,00 feet roJitt:; (-'t)rvc to thc'
right, hovrng o centro/ ong/e of 2O'28'34" oncJ:;u1-,tert dinq o chord l)?orinq
S 85'47'/2" E 76.43 feet;
fhence, S 75'.J2'55" E,59.42 fec.t to o polnt;
thence -178.89 feet ctlonq the orc cf o 50.';.00 fe',;t rod/'us CU/'r'i; to tht:
riqht, hovln,g o centrctl ongle o{,/2'i9'/7" ond s'ubtenc/rng o chord beoririg
S 54'03'/7" f .J70.07 feet;
fhence, N 62'-15'2.1" E, 256. /0 feet to o poin t,'
Thence, S 5J'42'4/ " f, / / 55,6t fet:t to o fsr-tin t,
ihenc:e, S 35'J9'20" W J95.7/ fr:et io o ,:-,ctint;
[hence, S 40'/ 9'55" E, 9.82 fc'et to o poirtt,'
lhence 56.95 feet olonq the orc of o /81.55 feet rrtdiu.s ci)/ /e lo tht: lr-'ft,
hovlng o centrol ongle of / 7'57'49" ond :;ubtr:rr c/itq et chor,J br:rtrin,7
S 49'/8'49" f 56.72 feet;
ih,?nce, S 5B'/ 7'44" [, 94..16 fect to o p,-,rrrt;
thence 203. / 7 feet olong the orc ol o .J/.Q.8/ iet:t rod/'us itL/rve t,.t thr-'
left, hovtng o cen trol ort qle oi ,16'23'55" itnd >uLtt,-'rrrJ/ng tt r-tt rtr d btortrrg
s ,/6'29'4/" E /9q.77 feet;
[/:t:nce, N 35'/8'2/ " t, / i.09 fe:et to ,: ,r.tc,lri1,(tience /5. /6 feet olonrJ ltt e orc ,;f t .i95.0C fctt r.J,Jltt,'; (.t)rv'€ t) ";r1 li:io,
,hoving o centrol ,tnql€ ctf / 0'5,/'r,:3" r'tni1 :;ublcndtn,), (t (:li()t d bt:.tr/r)q
N 79'5/'i 7" E 75.05 feet lc o p-icrrit on !he bouri,Titr/ r'tl ['lla ;>;trrrtq:; ftilr,,1
7, County of Gor,1't:ld, Stotr: ,-tf Cot,croclc;
ihence, S -l-<'2/'5i".vN/, /0C.44 ler-'t al;-,ngscrd ltoi,tn{li)r'y,,r. 111<.':pri,'t 7:.-;;';nq .' to o poin t,'
inence, S A3"J8'56" /y; 470.83 feet olong', satcl borin,lory ,tf t-lA |>'prinr\s
Filing .7 to o polnt;
Thence, Al 6J'0-J'42" l//, 6.55. / 7 fee.t to c ;,e1,,11,'
fh:ncc, l'/ 55'-23'7J" tl/,442.o,3 te'et tt o poi:,!;
Thence, S 27'i2'37" W, 2/8.40 ie'et to o potrtt,'
fhenc'e, N 80'4i'/5" W, 4J2.8.5 i'e,et tr-, ''t p,oint,'
fttence, l'/ 05'5J'40" E, /0.57 feet !o o point;
fhence, N 75'00'/7" ly, 222.89 fe".t to o Stoirtt,
[hence, N 79'20'22" L4/, /84.67 leet to o pornt;
Thence, N 7g'5.r'50" W 648.g.J feet to o polnt;
thence 276.00 feet olongs the orc of ,t J6/2.,9/ icet rodit).r.Llr'./€) tc t/,e
right, hovrng o centrol ong/e of 4'22',17":tnd subtt:ncJlnq o L;horr1 be'trtn,1
i'/ 77'42'J/" W 275.93 feet;
fhence, N 75'3/'/2" tt/, /37.85 t'eet to o {)otn t;
thence 278.68 feet clortg the orc of o 624.[i4 fee:t roclrLts..urv€ lc trte
right, hovrng o centro/ ong/e of 25'-13'/5" ond sut-,!c,n,Jirre r cftord btortr,q
N 62'44'.J5" W 276..J8 ieet;
fhence, N 49'57'58" l,l/, 96.97 feet to o point,
thence 76.77 feet olonq the orc of c 90.r)6 /cct rodtus curt/€ to tho'r-iqht,
hoving o centro/ ong/e of 48'5A'-r/" ond subten,linq o chord be.tring
N 25'J2'42" tl/ 7,1.17 feet;
Thence, N 0/'07'27" W, .?2.39 feet tct o polnt;
thence J9.05 feet olong the orc of o 202./8 feet rotJius curt,e tc, the
righ t, hovrng o cen trol angle of / /'04'A3" anci :'ubtc:nJing ,, ,.-/1sr,7 br;urin,7
N 04'24'.15" t 38.99 feet;
thence 49.82 feet o/ong the orc ot'o 202./t fr:et ro;/ius (,t)rlt'to tl','
rlght, h-t'"lttc7 o €entr<tl onqii: of / i^0,/'|.J" oncJ subtert,lin,;7 if <-1,,.t,../ i.t,; ".t'
N / 7'00'08" f 49.69 feet;
thence 27.96 feet olong the orc of o 254.79 fe:et rodius c(/rvc to the
riqht, hoving o centro/ ongle of 6"/7'/6" onrT subte:n<7rnq o (;ltoro'beorirtg
N 27'/2'/6" [ 27.95 feet;
Thence, N 30'20'55" E, / 7.31 /c.et to o p )in l;
Thence, N 57'29'4/" W 50.04 feet to o pornt;
Thence, N 72'2J'3/" W, 462.28 feel lo o ,ac,lnt;
[hence, S B9'59'23" W 96,3.4.9 fcet lo ,:) p,oint;
Lttence, S C8'00'00" W, 655.52 fet:t t:; :] DCtrtt;
Ihence, S 55'57'Ji" [, 1jJJ./9 {c',,-t to o.oitrrt;
Thence, S 79'50'44" f, 1200.00 fer-'t tc., Lt;,,c.,rnt,'
ihence, S 59'02'/,3" f, /4.,1 .5. 19 fe:t't !c t p,te-tirt t,:rr ihe;,,:ttttt irrt t of .:'tir-/
'iec t ietn J6,'
rl),)i-t r)c),.1 ,9,/":i-)',ir" t1,20/8.02 /te.t olr)nQ tlie:;o,t,'h ltr,t.' '/.!,t:,'t;,,rt .'ii l'-'
tlre :-;,;ittli ir,'1 c,Jt',:t"r 1i' :;old "t't:clion -i6,'
ilr-:,aCt',,^,',?:)"5.1 '2;"'ll',5'/'l.il:? feet,tlortg llte:'(tttt/t irttt" rtf 'lr:'"ti;tit "t6 l't 't
aoit) t ttt't tfti) ecsterly r;Eh t oi wtty ltne of CL;lrs''etdo !'tttl''' rllii'itwt'tf i'lt-" 5'
"''fht-,n,:t-,, N 7l'.10'00" tt/, 227.28 ft:t't olortg :;,trt| r;'tttcrls' r;'1'\ t ')f' 't''t2' l'1t'
trt tn.: tost ltne of t)overnrnent Lot'1,'
/,ttt:i);:e, i'/ 0C'.5C'00" [, '/23.-jg fet:t :;lonq lhe' i r:st t"';';'
''t f (]o"'err)n)';'t l"t 4
tr, iha l'/[ c..)rnar t:f Gr.tlerrtmen t Lot '/,'
Tltr,,r't ce, ,\ 8.9"55'00" tt4 gi ,7. / 7 fee:t o/ong the nc:t lh lirtt: 'tf :'o/'rJ ()rt\/t''t'fiiir:''fl t
1c.,t 4 to the €ost€rl)/ nght af tyoy line of Coloro,:'1o St,ttc Hrqhwrty l'/tt 8't,'
Tli.;nc,-,, N li2'10'00" ,l/, 756.40 feet o/or,g scttC e:ostt)r/)'rtt//'tt of w'ty lrnt'','
t1,,,:nc-e, N -l/'2/'.J0" ,1/, /02.00 feet olong :;aid ;ostt:rly r r'7/it t''f ''vrtY' lrrtr:i
'[hertce, lV S2'10'00" W, i36.03 feet o/onq.;oid t:o:;tt:rly right ttf'noS'lrrtt-'
tt (lit: ,ryest,tirre cf soirJ Sectton -i6,'
1'/i.*-rlce,,^l 06'iB'07" [, /8E8..Q0 feet clong s,Lid rre:;t /ine 'Lt-!)ecliitrt Jt)
to the poin t ,;f bc-qlnnirtg, con toining 9, / 7/,547 sq. l',t. o,' 2/ (,) 35 itt;rc':,
n1 0re or less.
hn,: itt, t/:p,:;' r)res€)nts,/otd out, plottc,7, ond suttclr'vlc/cd ttte .sottit: rrtto lttts 'fi:';ltow/1ttt).) L// Lttt-rr t,l '-
ttere,,;n tLrr d desiqr)ote,e tlte :;ome os flk Sprinqs t ilirtq I Ptt 'tst: .l , - o tuhcJivisi'.t''t
of L.ts Am,gos Ronch F.(J.D. in t,he County of t-,or lleld, 'Stote of C"olr'trodo'
SCI-IMUESER GORDON MEYER
. NJ,.r:
,, 1 ,-l ,t .l
,.1,, ,"ltl
EXHIBIT B
July 25,2007
Larry Green, Esq.
Balcomb & Green, P.C.
Attorneys at Law
P.0. Drawer 790
Glenwood Springs, C0 81602
RE: Filing 8, Elk Springs Subdivision
Certification of Public Improvements
Via E-Mail: larry@balcombgreen.com
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 8, 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
approvalfor Elk Springs Filing No. 8.
Attached hereto are letters from Dow Construction, the contractor of record; H-P Geotech, referencing
compaction testing and site observation; and Mr. Gary McElwee, owne/s representative, who provided
project management during construction. Also attached is a spreadsheet entitled "Elk Springs
Production", which identifies the materials used to installthe 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 8 and appear to be constructed and installed in compliance with applicable construction
documents.
I trust this is sufficient for your needs to document the completion of the necessary infrastructure for
Filing 8.
Respectfully submitted,
l \1981\01502\C\29\20070725 Letter to LRG from Dean Gordon frtrng 8 doc
DCrtrl
El24/M
Dean Gordon
Schmueser, Gordon & Meyer
I18 w- 6u Street
Ste. 200
Glcrrwood Springs CO a1647
Project: Elk Springs Subdivision
RE: Constrrrction Procedures for Utility Trenches and Road Constnrction in
Filings 5,6,7,8 &.9.
After a right ofway ha.s heen flagge4 we begin by the clearing ofnees aud brush.
Thea topsoil is stoclpiled or placed at tfte side of the roadway. A-fter clearing and
grubbing a road surface \nas established by cutting and filling as required. Eqripmeot
utilizEd: Bulldozers. Excavators, Loaders, sheep foot and srnooth drum rollers, water
truokq dump trucks, etc. Fills were placed in approximately I foot loose lifts and
uurirpactcd to at lsast 95 V" sto:,rd'ard prootor density. Tha firm ofH-P Geo-tech was hired
to establish water content and compactive etrort needed to achieve this. Due to the rochg
environrnent borrow pits were established- This was nocessary to produce fines, Fines
were used to establish a satishstory road bed- The borrow pits were then used as a burn
area for clearing debris and a bury pit for oversize boulders. The pits were then covered
witl soil and revqgl-tated. After a roadbed had been establisheq utility rxrustlucliuu
began. Utility trench locations were established, A bulldozer with a 42" rippar followed
thc alietrEent makjng a treoch that was theo fiIIed with water The urater truck was
equipped with a special nozzle fabricated to eject'water directly into the trench, This
procedure geatly enhauced the mrxing of earth aud waterfortlre bacHlling procedure.
A-fter the pipe and fittings were placed, the pipe was bedded in a special material free of
rocks grezitertharn'/i in size. A I foot layer of this bedding was placed and cornpacted.
CompaAion prOcedures were frequcnl.ly lcstcd by geo-teohs to assure moisturc content
and soil density. After the beddiug procrdure was completed additional utilitics were
then placed and the above rnentioneci bedding technique was repeated. A-fter all utilities
were installe4 tbe remainder ofthe trench was backfiIled using the same msthod. When
the utilities have been corsfructed, tested, and approved by the proper experts" the road
CONSTR{-ICTIO]V, CO.
l:',-i,''lj. .:i; ). _::_)..-l
l'i! " ' t '
:J\' '' t/
,':-:.' .' ',t'// '.1,',a\:1..:;,). \ \.
Y7t.t-9::;.!-i3 i5
'/ :i':/"',. -:.):! /
{Nt{-
z.C7,V !3h.-l
LtrSZ }BE OL6
HHql iI, cnaThlH qn-']
NOIIf,NUlSNDC NOO
Cl:aOnhCD.rr-
d6E;tO SD tl uec
bed was reestablished, This is achieved by scari$ing, u,atering, and rolling. Ajl top
soiling and clean up effort occur ar this trtse. Before gravel placement begrns, a prcxrf
roll test is performed in the presence of a geo-tech orengineer. This is accomplished by
ubserving tho road surface under the w'hccls of a fully loodcd d.rolp tmck or wdcr tn"rok
lf any movement is noted tbe area is marked and reworked util the failure is renedied,
-{frcr tbe proofroll is approve4 the Etravel placement wiU begin A filter frbric was
placed between tJre sub-grade and gravel. It is placed between the sub-grade and the road
base to prevent integratiorr, fhe filter fabric is rolled out in front of tbe trucks dumping
gravel. The fabric is held in place by grade srakes. The grade stakes provide alignmont
ard elevation location. The gravel is manipulated into placc by a motor grader, rollers
and watcr truclcs, Tho goal is to aohiewo smoothneee, grede, elope, drainage end densitl'
to rnake an all weatlrer surhce. Agarn a geo-tech is used to assrrre moisture content and
densitv. Be assured that overy efticrt r,vas made to assure a quality and safe product to the
best of our abilify.
SincerelvA"\\-- '-+-7
/------ ,/
Dow Rippy /
President, Dow Co-nstnrction CO. Inc,
-,-1,/ a/". .4--/_- ---
Joe Lundeen
Supenrisor" Dow Construction CO. Inc,
c'diE f9?d LlnrI"ttr5JrEltn-r
ECtrQrlh[.rf,.'a
Lee? tAG 0e6THSI t"l inqTti/fJ qr-r-l
c&Etecrr
HEPWORTH. PAWLAK GEOTECHNICAL
5020 County Road l!{
Glenwood Springs, CO g160l
Phone: 970-945-7988
Fax:970.945€430
hpoeo@hpqeotech.com
September 9,2004
EIk Springs,LLC
Atten: Greg Boecker
2929 County Road t 14
Glenwood Springs, Colorado gl60l
Job No. 196 617-1
subject: Final Testing and observ.aliln Results, Filings 7, g, and 9, EIk Springs subdivision,County Road l 14, Garfield County, Coloradi
Dear Greg:
As requested, HP Geotech visited the site a1!-nerformed in-place density testing and observed theroadways at base course grade on June 1 l,ZOd4.
Six density tests were performed and all tests met the Project minimum density of 95%standard proctordensity' The base course was then dug up at the test locatlons to expose subgrade soil and the depthmeasured' Again, all locations met or exceeded the minimum required base-course depth of g inches.During our visit the gravel roadway surface was observed for signs of instability such as rutting, andcracking' No signs ofinstability were noted. HP Geotech also pJrformea .ompuction testing aiiobservation during infrastucture constuction. These reports have been prerriousty submitted.
,"-:::1 :, our test results and observations, it appears that the roadway construction should perform asmtenoed.
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
16: 35 H_P GEOTECH P.AL/AI
c&Eteclr
HEPWORTIi . PAWLAK GEOTECHNICAL
5020 County Road 154
Glenwood Sprinqs, Colorado E1650
Phone; 970-945-7986
Fax: 970-94$8454
hpgeo@hpgeotech. com
Earthwork Observation and Testing Report
Client: Los Amigos Ranch Partnership Job No. 196 617-l Date: 6-11-04Attn: Greg Boecker Report No.Page: 1 of 1
2929 County Road 114
Glenwood Springs, Colorado 81601
Project: Filing 7, Elk Springs Subdivision, GMC Road, Garfield County, Colorado
Nuclear Gauqe Moisture/Density Test Results
Test
No.
Location
Los Amigos
Depth or
Elev.
Field
Dry
Density
PCF
Field
Moisture
Content
o/o
Percent
Comp.
Min. %
Comp.
Req.
Lab No./
Depth
o I l^a,rr
1
at intersection with Little Wood
Lane, right of centerline
finished
grade 130.3 1.5 96 95 aEsumed/
8"+
2 100' north of hiking trail
right of s6nlsrlin6
finished
grade 130.9 2.0 96 95 assumed/
8"
3 400' north of Primrose Point
left of centerline
finished
grade 132.0 1.7 97 95 assumed/
8"+
4 100' north of Primrose Point
right of centerline
finished
srade 132.1 2.0 97 95 assumedl
8"
5 at intersoction with Gossamer
Road left of centerline
finished
grade 130.5 1.6 96 95 assumad/
8"+
6 finished
__gI39e 131.6 1.7at intersection with Vista Place 97 95 assumed/
E"+
I{ATURE SAVEB, tAX ilEItlO rUrU ffi
l*^'' SG-ttrA l" ['l P I
lenoner lPnonel g, (J+ - c, Od I
Procto,r Sa nple Refer€nce, lt*' q Y S
l tJ l-\r,< I' sqvg l'"' I
uyDr-rryu\rrr
I
,,.;:iJ -----Opt
iMoist i
Lab No.Method
assumed ASTM D{96 Yt" aggregate base course I 136.0 7.0
THE NUCLEAR O€NSOMETER METHOD OF TESTINC WAS USED IN SUBSI'ANTIAL ACCOROANCE WTTH ASTM D2922 ANO D3O1 7
Progress Report: All roadway base appeared to be well compacted. No signs of instability were evident.
cc:
Dow Construciion - Dow RiPPY
Michael Evanq-FEia observer ' Retlewed By------
TOTRL P.A1
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( ilcrt*ood Slrrirrrrs. ('( ) ll l(r0l
Itli: F-iling 8, Phase l, Elk Springs Suhdivision
Puhlic I nfrastructure I mrrnrr emcnts
[)car Larn:
ln tly capacitl as a ntetlbcr ol'thc,\rchitectural Rclierv Contnrittcc ancl thc Rancl.r
IVIanager tbr [.os Antigtts Ranclr Lt-C. I vlas involrecl and ilnr a'v!'rrre of thc construction
of ptrblic infrastructure impror,'cnrcnts fbr Filing 8. Phase l. -l'he contractor for the
inrprovements rwas DO'fi' Construction Compan-v-, Inc.
This is to ccrtili that the public utility slstcnrs and roadway infiastrr-rcture facilities were
installed in thcirentirety and wcrc installcd in compliance rr,ith approvcd construction
docunrents. r\ll systems have bcen tcsted and are ready fbr their intended usc.
Since rcly.
,lt
Garl' t. lvlcElwcc
Project N{anager
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I'pott lletonling Retum b:
Lovrt'tue R. Orecn, Balconrb & Grcen, P.C.
316 Colorulo,.,rt.. Glenwoo<! Sprilgs, CO 61601
ai.Hs*tlx3*l'
TutsDeEn,madethis -\=aurof l^r..,-l- L-,- ,2O0T,betweenELKSPRINGS,LLC,aColorado
limited liability company, ("Grantor") and ELK SPRINGS HOMEOWNERS ASSOCIATIC)N, INC., a
Colorado non-prolit corporation, ("Grantee"):
WlrNEssETg, That the Grantor, for and in consideration of the sum of Ten and No/l00ths [J.S. Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowled-sed. has
remised. released, sold, conveyed and Qutr ClnlmED, and by these presents does remise, release. sell, convey and
Qtrlr Cl.rtill unto the Grantee, its successors and assigns forever. all the right, titie, interest, claim and denrand
rvhich the Grantor has in and to the real properfy, together with improvements, if any, situate. lying and being in
the County of Garfield and State of Colorado described as follows:
Common Area Parcels, as set forth on the Final Plat of Elk Springs Filing 8 Phase l, Los Amigos
Ranch P.tl.D. recorded in the records of the Garfield County Clerk and Recorder tu
,200J , as Reception No.
To H.trrrrrNDTo HoLD the same, together with al1 and singular the appurtenances and privilegL-s the reLutlo
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever. o1'thc
Grantor, either in law or equiry, to the only proper use, benefit and behoof of the Grantee, its successt-rrs and asstgns
lbrevc-r: subject to all provisions of the Amended and Restated Declaration of Covenants, Conditions arrd
Restrictrons lbr the Los Amigos Ranch Planned Unit Development; and subject to all public and prtvate easelrertts
depicted on the above referenced Finai Plat for EIk Springs Filing 8 Phase 1, Los Amigos Ranch P. t.r.D. tbr acce ss.
utiliry, rrrigation or other specific purposes as set forth on said Plat; and United States Patent Reservations.
Ix WIrNess WueReor, the Grantor has executed this deed on the date set fbrth above.
ELK SPRINGS, LLC,
a Colorado limited liability cornpany
l/-iBy: !.i,,',s I \l^...!
Thomas E. Neal, Manager
STATE OF
COLIN-
rli
g
2
a
L'pott Rc,cortlitg Rctnrn to;
lttrL,nca R. Gra'n. Dulconb & Green, p.C.
El3 (.olorodo..lve.. Glcnx,ootl Springs, CO gl60l
Qurr Crernr Dnpo
(Streets and Roads)
THrs Depo, made this !B day of [rn+, U,-,- ,2[O7,berween ELK SPRINGS, LLo, aColoradolimitedliability.orrpunylrcrantor")unatrtEpruxGSHoMEowNERSASS6CIATION,INC.,
a Colorado non-prolit corporation, (..Cirantee"):
WITNESSETU' That the Grantor, for and in consideration of the sum of Ten and No/lOotlis U.S. Dollars
and other good and valuable consideration, the receipt and suft'iciency of which is hereby acknorvledged, hasremised, released, sold, conveyed and Qutr ClaluED, and by these presents does remise, release. sell, conr.e1, antl
Qtttr Cutnt unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demandwhich the Grantor has-in and to the real properry, together with improvements, if any, situate, lying and being rn
the county of Garfield and State of cororado described as follows:
All streets and roads, as depicted on the Final Plat of Elk Springs Filing 8 phase l, [.os Amigos
Ranch P.U.D., as recorded in the records of the Garfieid -ounty Ctert and Recorder on
,2007 , as Receptron No.
To H'qve IND To HoLD the same, together with all and singuiar the appurtenances and privileges thercuntobelonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoevc.r, olthcGrantor' either in law or equify, to the only proper use, benefit and behoof of the Grantee, its successors and assignstbrever; subject to the right of all public utility companies to utilize said streets and roads as perpetual. n61-exclusive utiliry easements; the right of all emergency vehicles to make use of such streets and roads in allreasonable circumstances; and United States patent Reservations.
IN WtrNEss WHEREOF, the Grantor has executed this deed on the date set forth above.
ELK SPRINGS, LLC,
}
a Colorado limited liability company
I-ltu,-1Iey: \\., ^0 ,. i I \i-_ \
,{homas E. }r{eal, Manager/ ti -I Il r',I , tt - t t
srArE oF j
COLINTY
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SUPPLEMENTAL DECLARATION FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY. COLORADO
THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOPMENT, GARFI.ELD COUNTY, COLORADO (Supplemental Declaration) is made
and declared this day of L.r,-i, i,...r ,2OO7,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 B Phase
1, 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
Declaration of Covenants, Conditions and Restrictions for Los Amigos 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 The Additional Properties contained within Elk Springs Filing B Phase 1, 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 B Phase 1, 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 B Phase 1 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 waterdelivery
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 removalfrom 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 andjuniper trees. ln order to reduce the danger to homes from lightning 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 shall
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 20o/o 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 ladderfuels which allow afire 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. Natural gas appliances may be used freely.
2.8 Animal Proof Trash Containers All trash and trash containers shall be stored wlthin
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.
r i-l't , daylN WITNESS: WHEREOF, Declarant sets its hand and seal thisof 1,.r,. i , i',- r- ,2007 .
ELK SPRINGS, LLC
A Colorado limited liability company
-.1 /. tav iL'..."; L ti^'{
,. . Thomas E. Neal, Manager
/tii ' .
\VBy\' '''t"., ,'
Gary [.. McElwee, Attorney-ln-Fact
STATE OF COLORADO
COUNTY OF GARFIELD
, -fi.,
The above and foregoing document was acknowledged before me this ' 1 - dayof {)r.''| r,,t),,,,r- ,2007, by Gary L. McElwee as Attorney-trnfact for
Thomas E. Neal as Manager for EIk Springs, LLC, a Colorado limited liability company.
Witness my hand and official
Notary Public
My commission expires:
My address is:
)
)ss
)
trk
l',ly Commission Expires 07/0 1 /2009
E\ilil|t'r,,\
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EDWARD MULHALL, JR.
SCoTT BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAVID C. HaLLFoRD
CHRTSToPHER L. CoYLE
THoMAS J. HARTERT
CHRTSToPHER L. GETGER
ANNE MARIE MCPHEE
SARA M. DUNN
DANIEL C. WENNoGLE
Re:
Dear Fred:
Ba'r,coMB & GnrcrcN, P.C.
ATTORNEYS AT IJA'W
P. O. DRA\^/ER 79O
818 Cor,oRADo A\rEN[rE
GLENwooD SPRTNGS, Cor,oRADo al6OP
Telephone: 970.945.6546
Facsimile: 970.945.9769
M.balcombqreen.com
August 15,2005
OF CoUNSEL:
KENNETH BALCoMB
JoHN A. THULSoN
SPECTAL CouNsEL:
WALTER D. LAWRY
R.ECfllVED
AUG I 5 2005
GAr,t rsLD COUNTY
BUILDING & PLANNING
VIA HAND DELIVERY TO:
Fred A. Jarman, AICP
Assistant Planning Director
Garfield County Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Final Plat for Elk Springs Filing 7 of Los Amigos Ranch Planned Unit
Development
I am submiuing this letter and the attached documentation in response to your letter dated
July 25,2005 regarding the above-referenced matter. For your convenience, I have repeated the
paragraphs of your July 25th letter in black ink and my response to each of those paragraphs is
printed in red.
A. Subdivision Regulations of 1984, as amended
Section 5:22 (F) requires that the Final Plat contain a vicinity map at a scale of I ":
2,000', including section lines, as well as township and range lines, where practical.
The vicinity shown on the plat does not contain a scale and there is no reference to
section, township, or range lines. Please address.
* See Vicinity Map on revised Final I'lat submitted hercwith.
Section 5:24(A) requires that the Final Plat shall include all the names and
addresses of owner(s) of record of both surface and mineral estates, including
mineral lessees, if any, and names of any property mortgagees. Please indicate if
there are any owner(s) of record of the mineral estate, including mineral lessees and
names of any property mortgagees.
1)
2)
Bar/coMB & GREEN, P.C.
ATTORNEYS AT LAw
Fred A. Jarman, AICP August 15,2005
Page2
3)
* There are no mortgages or deeds of trust that afTect the property. 'l'he
revised Final PIat identifies the BLM as the owner of minerzrl interests and
provides the IILM's address in the section headed "Legend and Notes." The
BLM is also identified as the owner of minerals in plat note no. 8 as required
by contlition 8.14 of Resolution No.98-30.
Section 5:24(E) requires the face of the Final Plat to contain a Certificate of
Dedication and Ownership. While the plat does contain such a certificate, it is
unclear it there are any mortgagees. Further, Staff understands the roads are private
and are not to be dedicated to the public but are intended to be dedicated, owned,
and maintained by a Homeowners Association (HOA). Please clarify which HOA
(Elk Springs or Los Amigos) will hold title to these roads as well as all of the other
"common" improvements including roads, open space, drainage and pedestrian
easements, etc. Lastly, as you will recall, while the County allows dedications
to private entities (HOA) on the face of a Final Plat, the County requires that a
deed also be prepared that serves as the real instrument conveying that interest
rather than the Final plat. Please provide the form deeds that will convey the
open space, roads, easements, etc. to the HOA.
* As we have discussed, there is only one homeowner's association. Llpon
incorporation, that association was named the Los Amigos llanch
Homeowner's Association, [nc. By amendment to the Articles of
Incorporation, the name of the Association was changed to Elk Springs
Homeowners Association, Inc. See copy of Articles of Amendment adopted
on October 13, 2000, and Certificate of Authority dated October 3, 2001,
reflecting this name change.
Draft deeds conveying the roads and open space within Elk Springs,
Filing 7 to the Elk Springs Homeowners Association are attached hereto.
Section 5:2a@) requires a Surveyor's Certificate and a Board of County
Commissioner's Certificate. While these have been placed on the Final Plat, there
are several errors in both paragraphs. Please correct the language so that it matches
Section l4:00 of the Subdivision Regulations of 1984, as amended.
* See revised Final Plat sutrmitted herewith.
Section 5:31 (A) requires that all engineering plans, descriptions and cost estimates
for streets, drainage facilities, and water and sewage marked "Approved for
Construction." In the case of Elk Springs, Staff understands that all of these
improvements have been completed; however, this requires the submittal of "As-
Built" rather than "Approved for Construction" since there is nothing left to
4)
5)
BA'r,corB & (iREEN, p.C.
ATTORNEYS AT ITA\^/
Fred A. Jarman, AICP August 15, 2005
Page 3
construct. The plan set you submitted for the water and sewer is adequately entitled
as a Record Map; however, the roadway plan set appears to be for the priliminary
plan. Please have a plan set delivered that is entitled as As-Built or Recoid Map.
* It is our understnnding that you now agree that a Rccord Map of the
roads is not required.
6) The Engineer's "Cost Estimate" for these improvements should be configured as a
"Certification of Costs" which shows all of the required improvements and their
associated costs for what was actually constructed. This should also be stamped by
the same engineer.
* Please see the lettcr entitled "Certification of lrublic Improvements'o
containing thc professional seal by Dcan w. Gortlon, lr.E., together lyith
attachments, su bmitted herelvith.
7) Section 5:31 requires the Final Application contain a Subdivision Improvements
Agreement (SIA). The County Attorney's office and I reviewed the proposed SIA
and would like you to address the following points:
a. Please include any trail / pedestrian improvements in Paragraph 2(a) on
Page2;
* There are no improved trail / pcdestrian facilities within the
Subdivision.
Please include the following sentence as v. in paragraph 2(a) onpage2:
"v. All provisions of Resolution No. 005, Series of 2000 of the
Carbondale and Rural Fire Protection District.,,
* Please see paragraph 9 on page 4 of the attached re'ised SlA.
Please include the following sentence at the end of paragraph 2(d) on page
3:
... with respect to installation of improvements.',
* Please see paragraph 2.d. on page 3 of the attachecl revised SIA.
Please amend Paragraph 3 cost of Improvements on page 3 so that it
reflects the actual cost of completed Improvements. I suggest the following
since all the improvements are completed:
b.
c.
d.
ob'
BAr,corr-B & GIREEN, p.C.
ATToRNEYS AT ITAI^/
Fred A. Jarman, AICP
3. Cost o-f Improvements.
improvements related to the
The total cost
subdivision,
,as
August 15,2005
Page 4
of completion of
set forth in the
h.
Certification of Costs is $
* Please see paragraph 3 on page 3 of the attachecl revised slA.
Please amend the first sentence in paragraph 5 water supplv and
wastewater collection on Page 3 so that it reads as follows:
"owner certifies that owner has heretofore installed and connected a
water distribution system. . . "
* Please see paragraph 5 on page 3 of the attacherl revised sIA.
condition No. 7 of Resolutiong6-34 requires that the..Applicant shall setforth the proposed method for transferring legal ownership and control ofthe water Distribution System to the Los Amigos Homeowners
Association." However, Paragraph 5 water supply and wastewater
collection on Page 3 of the SIA indicates that the systern will be conveyed
to the Elk Springs HOA. Please clarify this conflict.
* Los Amigos Homeowners Association and Elk Springs IroA are
one-in-the-same. See response to A.3., above.
since the roads in Elk springs are to be private and not dedicated to the
public, please amend the SIA to include the following paragraph:
PRIVATE ROADS AND ACCESS FOR EMERGENCY SERWCE
PROWDERS. All roads within the subdivision shall be set apart and
conveyed as private road rights-of-way to the Homeowners, Associationof the subdivision, 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 turltorc of the
roadways and areas outside of the traveled surface. The Bocc shail notbe obligated to maintain road rights-of-way within the subdivision.
Existence of private roads shall be noted on the Final plat and deeds of
conveyance of the rights-of-way to the Homeowners, Association of th-e
subdivision shall be recorded at the time of Final plat Approval or shall
be held in escrow under terms of paragraph _ beliw.
* Please see paragraph 6 on page 3 of the attached revised SlA.
Please replace Paragraphs 9 and r0 on page 4 of the sIA with thefollowing language:
Fred A. Jarman, AICP
BAr,cortrB & GREEN, p.C.
ATToRNEYS AT I,Aw
August 15, 2005
Page 5
i. Enforcement. In addition to any rights which may be provided by
colorado statute, the withholding of building permits and iertifirrt, iy
occupancies provided for in paragraph I2 below, and the provisions forrelease of security detailed in paragraph 4 above, it is mitually agrled
by the Bocc and the owner that the Bocc without making an eliction
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 Boci to bring
on action for enforcement or to withhold permits or certificates or i
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.
* Please see paragraph 1 I on pagc 4 of the attached rer.ised SlA.
ii. Consent to Vacate Plat. In the event the owner fails to comply with the
terms of this Agreement, the BocC shall have the 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 havi
been issued, the plat shall not be vacated and shall remain valid. In such
event, the owner shall provide the B)CC 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 Garfietd county clerk and
Recorder. If such plat is not recorded by the owner, the Bocc may vacate
the plat, or portiois rhereof by Resolution.
* Please see paragraph 12 on page -l of the attachetl re'isetl slA.
Regarding Paragraph I l, it appears that this language is irrelevant since
the issue hinges on the installation of the improvements which are already
in. (Also, no form Exhibit c was attached.) At the very least *" u.l
contemplating striking the last two sentences of that paragraph. Let's
discuss this one together.
* Please see pnragraph l3 on pilge;l of the:rttachetl revisctl SIA.
You have indicated that all of Filing 7 has been annexed into the
Carbondale and Rural Fire Protection District. As a result, the applicant is
responsible for paying a Fire protection Fee of $437.00 per lot io ue paid
at the time of Final Plat which also needs to be addressed in a paragraph in
the sIA. You can use the language you drafted for either the Ranch at
j.
BATJooMB &r:GRErElN, T. C.
Fred A. Jarman, AICP August 15,2005
Page 6
coulter creek or Blue creek SIAs. (please provide a copy of the
resolution approving the annexation.)
* Please see copy of Resolution No. 005, Series of 2000 of the
Carbondale & Rural Fire Protection District, attached, as rvell asparagraph 9 on pagc 4 of the attachcd revised SlA.
k' While we understand Los Amigos dedicated land to the RE-l School
District, we prefer to have a paragraph in the SIA that indicates that there
is no financial obligation because of previous dedications to the SchoolDistrict. we suggest the following language which was just approved by
the Bocc for oak Meadows puD as they were in the ,u.n" position of
having already dedicated a school site so there was no present obligation:
Dedication of school Land. owner,s predecessor in interest,@' f il:o ;,' :;l'{,::#, ?; ;f : tr"'*il:r"f:;school District RE- I by deed recorded it Receptioi No.
and Recorde, ,f ir:;:fo cr""D;
Pase
-
in the records of the clerk
* Please see paragraph 8 on page 4 of the attached revise d SIA.
l' Please amend Paragraphl6 on Page 5 Binding Effect so that it reads asfollows:
16. Binding Ef-fect. This Agreement shall be a covenant running with thetitle to each lot within the subdivision, and the rights and oiligations
contained herein shall be binding upon and inure to the benefit of-owner,
its successors, and assigns.
* Please see paragraph l8 on page 5 of the attached revised SIA.
m. Please amend the physical address of the Board of Countv
Commissioners in Paragraph 17 Notice on Page 5 to reflect 108 gth Street
rather than 109 gth StreJt.
* Please see paragraph l9 on page 5 of the:rttached revised SIA.
8) Section 5:31 (C) requires a certification from the County Treasurer,s Office thatall of the applicable ad valorem taxes have been paid. No documentation wasincluded in the file that addresses this requirement.
* Please see copy of certificate of raxes Due attached hereto.
Bar,coruB & GREEN, p.C.
ATTORNEYS AT ITAW
Fred A. Jarman, AICP August 15, 2005
Page 7
* Please see attached "can and will serve" retters from Red
Company and Leavenworth & Karp, p.C. on behalf of
Sanitation District.
conditions of Approval: Resolution 98-30 (preriminary plan)
condition #2 requires that the HoA be included as part of the Los Amigos
HOA. It is not clear how the Elk Springs HOA is contemplated in this condition.
The Supplemental Declarations appear to "annex" Filing 7 into their Amended
and Restated Declarations filed in 1991; however, no information was submitted
as to the creation of the Elk Springs HOA. please address.
* Los Amigos Homeowners Association and Elk Springs HOA are onc-in-thc
same. See response to A.3., above.
Condition #4 requires that all recommendations of the State Forest Service be
incorporated into the covenants and your letter in the application states that the
approval of Filing 6 was approved containing the same covenants which will
govern Filing 7. Note that this final plat is a stand alone application and requires
all the supporting information for the specific filing. If, in fact, the covenants forFiling 6 (albeit approved) are gerrnane to this filing, they need to be submitted
with this filing.
fNote, the second line of Section 2.6 Fire Protection of the Declarations statesthat "lighting" is a threat to homes. you may wish to amend that to state
"lightning" is a threat to homes.
* To the best of our knowlerlge the recommendations of the State Forest
Service referred to in conclition no. 4 relate to the attachetl letters datetl
December 31,1997 and January 29,1998. The primary conditions of theseletters relate to the creation of a "clefensible space" arountl structures.
Section 2.6 of the revised Supplemental Declaration encloscd herewith
obligates the lot owner to create a defensible space arouncl his or her home.(The typographical error in this section has been corrected.) The
1)
2)
B.
9) Section 5:31 (G) requires that a Final Plat application provide proof of the
potable water supply. Staff understands that water is piovided iiu u central
water supply from the system owned by Elk Springs / Los Amigos HOA. please
provide a letter from the HOA that indicates the expanded ryri"- serving Lotsin Filing 7 have the necessary legal and physical capacity to serve those lots. Itis unclear if Le expanded system serving Lots in Filing 7 requires approvalfrom the Division of Water Resources. Also, provide a "can and will serve"
letter from Spring Valley Sanitation district indicating they will provide central
sewer service to the lots.
Canyon Water
Spring Valley
BA'r,cortrB & GREEN, p.C.
ATTORNEYS AT I/Aw
Fred A. Jarman, AICP August 15, 2005
Page 8
remaining recommcndations of thc Colorado Statc Forest Servicc are
satisfied by the location of the building envclopes and the wirlth of roatls
and cul-de-sacs shown on the Final plat.
3) Condition #8 requires certain plat notes be placed on all final plats. please
address which HOA is the most appropriate / correct referred to by condition
#8(A).
* Los Amigos Homeowners Association ancl Elk Springs HOA are one-in-
the-same. See response to A.3., above.
4) Condition #10 requires that the Applicant shall comply with the
recommendations of the Division of Wildlife. The Final Plat submittal does not
contain any information to demonstrate that this condition has been met. Please
address.
* The recommendations of the Division of Wiltllife are actually containedin letters dated January 5, 1998 and March ll, 1998, copies attached.
Animal proof trash containers are required by Section Z.B of the
Supplemental Declaration. All lots rvithin the Final Plat have pre-clefined' building enyelopes which were establishetl in accordancc lvith the
recommendations set out in the January 5, 1998 Dow letter.
5) Condition #11 requires that computer discs will be submitted containing the.
final plat to be incorporated into the County's GIS and Assessor's CAD
systems. No disc has been submitted.
* As per your request, computer disks will be sutrmittecl when the forrn of
the final plat has been approved.
6) Condition #14 requires that monitoring and eradication of noxious weeds shall be
the responsibility of the Los Amigos Ranch HOA. Plat note #7 on the final plat
contradicts this, in that, it states that weed control is the responsibility of the
individual lot owner but make no reference to what occurs on shared amenities
such as open space / trails, and drainage easements. please address.
* Please see plat note number 7 on the revised Final plat.
Conditions of Approval: Resolution 96-34 (pUD Amendment)
1) Condition #10 requires that common open space areas shall be dedicated by the
Applicant to the Los Amigos Ranch HOA in an amount that maintains a 50:50 ratio
or greater, dedicated open space to developed land. The Final Plat applicant did not
C.
B.lr,cor,rR & GREEN, p.C.
ATTORNEYS AT I/A\^/
Fred A. Jarman, AICP August 15, 2005
Page 9
contain a balance of how this condition continues to be met. Please provide this
actual ration as it relates to the proposed development of the 48 lots and roads.
* Please sec the "Table of Areas" incru<Icd on thrr Final plat.
2) Condition #14(C) requires that the Supplemental Declarations include the
recommendations of the State Forest Service. Please provide the Declarations that
indicate this has been addressed.
* Please see rcsponse to 8.2., ab<lve.
Condition #15 requires the creation of the Los Amigos HOA which will also own
the open space. It remains unclear as to which HoA will own the common
amenities in the present application. Please address.
* Los Amigos Homeowners Association and Elk springs HoA arc onc-in-
the-same. See rcsponse to A.3., above.
Condition #21 provides the phasing schedule. Please demonstrate where Filing 7
fits within this schedule.
* As we discussed, Elk Springs Filing No. 7 is identified as Prelimin:ya plan,
Phase 2, Final Plat Phase c, in paragraph 2l of Resolution No. 96-34. That
Phase was to be completed by December 31, 2005. Therefore, Elk springs,
Filing 7 is within the phasing schedule established in Resolution No. 96-j4.
D.The Final Plat
1)Plat Note #3 refers to the "Red Canyon water company." This appears to be a
typo. Please address.
* Please see plat note number 3 on the revised Final plat.
Plat note #7 needs to address the responsibility for the control of noxious weeds for
private lot owners as well as for common open space, drainage easements,
pedestrian easements, etc.
* Please see plat note number 7 on the revised Final plat.
The dates in the Commissioner's Certificate need to contain AD in the text line.
* Please see reviscd Final Plat.
your convenience, I am providing you with two copies of this letter and all of its
Additionally, I am providing a copy of this letter and all of its inclusions directly to
For
inclusions.
3)
4)
2)
3)
BA,r/coMB & GREEN, p.C.
ATTORNEYS AT I/AI1/
Fred A. Jarman, AICP
carolyn. Also, you asked me to remind you to get a copy of the revised Final
Surveyor so that he can review it.
August 15,2005
Page l0
Plat to the County
I believe that this letter and its inclusions fully responds to your letter of July 25,2005. It
is my understanding that upon your receipt of this material, you will consider it, and assuming it
is complete, schedule the Final Plat for Elk Springs, Filing 7, for consideration by the Boardof
County Commissioners at its first opportunity.
Please contact me as soon as possible if you have any questions, comments or concems
about this matter.
Very truly yours,
LRG/bc
Encls.
carolyn M. Dahlgren, Esq., Garfield county Deputy county Attorney (w/encls.)
Gary McElwee (dout encls.)
BALCOMB & GREEN, P.C.
Srarp RADO
CERTfFICATE
I,
COLORADO
DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
ELK SPRINGS HOMEOWNERS ASSOCIATION, TNC.
( COLORADO NONPROFIT CORPORATION )
FILE # 79877634550 WAS FILED IN THIS OFFICE ON August 26, t985
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT ?O TRANSACT BUSINBSS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
DEPARTMENT OF
Dated: October 03, 2007
SECRETARY OF STATE
ARTICLES OF AMENDMENT
TO THE ARTICLES OF INCORPORATION
COLORADO. NONPROFIT CORPORATION
Return to: Secretary of State
1560 Broadway, Suite 200
Denver, CO80202
(303) 8e4-22s1
Fax (303) 894-2242
FILING FEE: $25.00
Submit 1 typed original+ 1 copy
(Please include a self-addressed envelope)
OFFICE USE ONLY 015
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 is:Los Amiqos Ranch- Homeor^merrs Association. Inc.
(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: Elk Springs.Homeotrners Association, Inc.
3.The amendment to the Articles of lncorporation was adopted on the l_lgbOay of__QglsLe-1t 2-QQQ-, in
the manner prescribed by the Colorado Revised Nonprofit Corporation Act. lmark (/) appticabre procedure betowl:
A. The amendment was adopted by the board of directorsiincorporators 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.
D
m
tr
Form Approved Secretary o, Slate 8/98
Signature _!SSae_t_Cry_____
Upon Recording Return to:
Lawrence R. Green, Balcomb & Green, P.C.
8l 8 Colorado Ave., Glenwood Springs, CO 81601
QuIr Cr.q.rM DErn
(Streets and Roads)
Tuts DoBo, made this _ day of 2005, between ELK SPRINGS, LLC, a
Colorado limited liability company, ("Grantor") and ELK SPRINGS HOMEOWNERS ASSOCIATION, INC.,
a Colorado non-profit corporation, ("Grantee"):
WtrxnsstrH, That the Grantor, for and in consideration of the sum of Ten and No/100ths U.S. Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and Qutr Clartrnn, and by these presents does remise, release, sell, convey and
Qulr Cluttl unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand
which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in
the County of Garfield and State of Colorado described as follows:
All streets and roads, as depicted on the Final Plat of Elk Springs Filing 7, Los Amigos Ranch
P.U.D., as recorded in the records of the Garfield County Clerk and Recorder on
2005, as Reception No.
To Hlvn,tND To HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns
forever; subject to the right of all public utility companies to utilize said streets aird roads as perpetual, non-
exclusive utility easements; the right of all emergency vehicles to make use of such streets and roads in all
reasonable circumstances; and United States Patent Reservations.
lN WtrNess WHEREOF, the Grantor has executed this deed on the date set forth above.
ELK SPRINGS, LLC,
a Colorado limited liability company
By:
Name:
Title:
STATE OF )
) ss.
)COUNTY OF
The foregoing instrument was acknowledged before me on this _ day of
2005, by for Elk Springs, LLC, a Colorado
limited liability company.
Witness my hand and official seal
My commission expires
Notary Public
O:\WP-DOCSVjT cra\Lo tuuigo Rrcheuit ChiD k of Sus ed Rords 8- ls{s.wpd
Upon Recording Return to:
Lawrence R. Green, Balcomb & Green, P.C.
818 Coloratlo Ave., Glenwood Springs, CO 81601
Qum Crlrvr Dnnu
(Common Area Parcels)
Tuts Dnno, made this _ day of 2005, between ELK SPRINGS, LLC,aColorado
limited liability company, ("Grantor") and ELK SPRINGS HOMEOWNERS ASSOCIATION, INC., a
Colorado non-profit corporation, ("Grantee"):
WtrNrssEru, That the Grantor, for and in consideration of the sum of Ten and No/l00ths U.S. Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and Qutr Claluro, and by these presents does remise, release, sell, convey and
Qutr Claru unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand
which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in
the County of Garfield and State of Colorado described as follows:
Common Areas 1, 2,3,4 and 5, as set forth on the Final Plat of Elk Springs Filing 7, Los Amigos
Ranch P.U.D. recorded in the records of the Garfield County Clerk and Recorder on
2005, as Reception No.
ToH,lvBaxDToHOLD the same, togetherwith all and singularthe appurtenances andprivileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns
forever; subject to all provisions of the Amended and Restated Declaration of Covenants, Conditions and
Restnction for the Los Amigos Ranch Planned Unit Development; and subject to all public and private easements
depicted on the above referenced Final Plat for Elk Springs Filing 7, Los Amigos Ranch P.U.D. for access, utility,
irrigation or other specific purposes as set forth on said Plat; and United States Patent Reservations.
IN WtrNEss WHERE0F, the Grantor has executed this deed on the date set forth above.
ELK SPRINGS, LLC,
a Colorado limited liability company
By:
Name:
Title:
STATE OF
COI.INTY OF
)
) ss.
)
The foregoing instrument was acknowledged before me on this _ day of
2005, by for Elk Springs, LLC, a Colorado
limited liability company.
Witness my hand and official seal
My commission expires
Notary Public
OIWP-DOCSUTry GrmUr. Aoit6 RechQrit Cl.iD D€od of Cmmoo Arq puels 8- t S-Os.wpd
SURVEYOR
SCOTT AIBNER, P.L.S
To:
From:
Subject:
Date:
INTEROFFICE MEMORANDUM
Fred Jarman, Building and Planning Department
Scott Aibner - Garfield County Surveyor
Elk Springs Filing 7 - Review
8t30t2005
Dear Fred,
Upon review of the Elk Springs Filing 7 Plat,I have prepared a list of comments or
corrections to be made prior to approval for survey content and form.
l.) The 30 foot drainage easements indicated on the plat are not annotated on the
plat and therefore cannot accurately be reproduced on the ground. In a
telephone conversation with Ken Wilson of SGM, Ken staies all 30 foot
drainage easements depicted on the plat are based on the position of natural or
constructed drainage channels.
As Garfield County Surveyor
cc Kenneth Wilson - Schmueser Gordon Meyer
Guffield County
l098thStreet,Suite20l'GlenwoodSprings,COSt60l . (970)945-t377. Fax;(970)354-3460. e-mail;saibned@gafield-c.ounty.com
SCHMUESER GORDON
ENGINEERS SURVE
M EYER
YORS
LENWOOD SPRINGS ASPEN CRESTED BUT
I l8 w. 6TH, SUITE aOO P.O. BOX 2 t55 P.O. BOX 30a8
GLENWOOD SPRINCS, CO 8 60I ASPEN, co 8i6I2 CRESTED BUffE, co 812?4
970-945- r OO4
FXi 970-945 5948
970-925-6727 970-349-5355
FX: 970-925-4157 FX: 970-349-5358
August 11,2005
Larry Green, Esq,
Balcomb & Green, P.C.
Attorneys at Law
P.O. Drawer 790
Glenwood Springs, CO 81602
Via E-Mail: larry@balcombgreen.com
RE: Filing 7, Elk Springs Subdivision
Certification 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, 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 Finai plat
approval for Elk Springs Filing No, Z.
Attached hereto are letters from Dow Construction, the contractor of record; H-P Geotech, referencing
compaction testing and site observation; and Mr. Greg Boecker, owner's representative, who provided
project management during construction. Also attached is a spreadsheet entifled "Elk Springs
Production, Filing T.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 and appear to be constructed and installed 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,
I:\1981\01502\c\21 - Filing 7 Final Plar\Letter to LRG from Dean Gordon g-11-05.doc
*
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DOIT/INC.
8lZ4l04
Dean Gordon
Schmueser, Crordon & MeYer
I 18 w- 6u Streer
Ste.20o
Glcrrwood Springs CO 81647
Projod: EIk SPrings Subdivrsion
RUi Constnrction Procedures for Utility Trenches and Road Constnrction in
Filings 5,6,7,8&9.
After e riebt ofway ha.s hean flegge4 we begin by the clearing offees a^ud brush-
Then topsoil is stockpiled br placed at ttre- side of the roadway, A-fter clearing and
Srubbiug a road surfacc was established by cufiing arrd filling as required. Equipmeot
utilized: Bulldozers- Bxcavatorq Loaders, sheep foot and smocvth drum rollers, water
truok& dump truckq ctc. Fills wcre placed in approxmmely I foot loose lifts and
uorrrpactod to at laast 95 V" standord prootor density. The firm of H-P Geo-tech was hired
to establish water coutest aod compactive eft,rt needed to achieve this. Dua to the rocky
environrnent borrow pits wao established- This was necossary to produce fines, Fines
wtre used to establish e sarishctory road bed. The borrow pits werc then used as a burn
area for clearing debris and a bury pit for oversize boulders. The pits were then covered
with soil aud revegitated" Afte,r a roadbed had bcen establisttc4 utility qrush'ustiuu
began. Utility trerrch locations were established, A bulldozer with a 42" nPpet followed
thc olienment makirrg a trench thet uras tbeo trlled with wrter The uretertudc was
equipped with a special nonlefabricued to eject water directly into the trench, This
procedure greatly enhauced the mrxing of earth and waterforthe bacldlling procedure._
After the pipe and fittings werc placd the pipe was bedded in a special material free of
rocks greaterthan '/i u.-size. A I foot layer of this bedding was plsced and mnpaded.
Compadion prOcedures wer€ frequcntly tcstcd by geo-techs tO llssure moisturo content
and soil density. After the bedding procedure was completed additional utilitics wero
then placed arrd the above mentioned bedding technique was repeated. After all utilities
wp1,e in*alle4 ttre reouinder ofthc trench was bacld.lled using the same method. Whea
the utilities have been constructed, tested, and approved by the proper experts, the road
CONSTR{_ICTTOT\tr, CC.
?l;-i ! '.'t). jii ). 1j-:
,-r] 1',.' !-!:)t/"' t)
;Vjrij ('.+,\'11.,,'; ('(,\ iilri-.tI
97i)-ti1-33 i (t
t' :' !;-tt,i; "'-1 3 3 7
Leqe !8tr OLE
VHSf 8 SDSIhV SNI
Nn I r3nUlSNOJ t'lo0 d6E :
'O SD tl uec
66F qebRai F, q7 177 CAAT tar lca
bod was reesrablished, This is achieved by soariffing, watering, aod rolling AII top
soiling and clean up effort occur c this tiue. Before gravel placement begins, a pqooj
rolt tiit is performea in fre presenoe of a gooteoh or engineer. This is accornplished by
ulrserving tho road surface under the whccts of a fufly loodcd drrorp trrck or watcr tflrok
If any mJvernent is noted the area is marked and reworked uffil the failure is rerrredied'
AAd tbe proofroll is approve4 rhe gravel placement will beein A fiIter frtricwas
placed befween the sub-grade and gravel. It is placed between the sub-grade and tho road
ilu* to prevent integration, Tho fitter &bric is rolled out in front oftho tucks dumping
gravel. The fabric is held in place by grade stakes. The grade stakes provido alignmera
and elevetion location. Thegravel is manipulated into placeby a motorgrader, rollers
and watcr tnrcks. Tho goal is to aohievo omoothneee, Etrsdq slopc, drarnagc end density
to ruake an all weather srrr&ce. Again a geo-tech is used to assrrre moisture corrterf and
density. Be assured that overy effort was made to assure a quality and safe Produstto the
best of our ability.
SincerelVf\
-7
>,/
Dow Rippy /
Preeident, Dow Cortstrrrclion CO. Inc-
.-.,irt'/Lr'/
JoeLtrndeen
Supervisor, Dow Construction CO. Inc.
s'dE8 39Vd
zeez 986 ozEVHS: 8
lJl.f Ilair!lel'rn-t mnn J^^-,a
S0gIl^lV SOI S6tgEtEAl6 q7,:7,7, qaa7,inT |qA
HEPWORTH . PAWLAK GEOTECHNICAL
5020 Gounty Road 15{
Glenwood Springr, CO 81501
Phone: 970-945.79E8
Fax:970.945{454
hpqeo@hpqeotech.com
Septernber 9,2004
Elk Springs,LLC
Atten: Greg Boecker
2929 County Road 114
Glenwood Springs, Colorado 81601
Job No. 196 617-l
Subject Final Testing and Observation Results, Filings 7, 8, and 9, Elk Springs Subdivision,
County Road l 14, Garlield County, Colorado
Dear Greg:
As requested, HP Geotech visited the site and performed in-place density testing and observed the
roadways atbase course grade on June 1I,2004.
Six density tests were performed and all tests met the Project minimum density of 95%o 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 inches.
During our visit the gravel roadway surface was observed for signs of instability such as 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
euB-t?-29a4 16:36 H-P GEOTECH P.41,/AL
c&Etecr,
H E-PWORTH . PAWJK G HOTEC H N ICAL
5O2O County Rood 154
Glenwooo Springs, colorado E1650
Phone: 970-94$7986
Fax: 970-94$8454
hpgeo@hPgeotech-corn
Earthwork Observation and Testing Report
Client: Los Amigos Ranch Partnership Job No' 196
Att*
- et"g Boecker RePort No'
2929 CountY Road 114
Glenwood SPrings, Colorado 81601
r,oi.":,, *: r, *l'',r: .:r:',:::liilff, Garfierd countv, cororado
Nuclear Gauge UfPi=t,t -
617-1 Date: 6-11'04
Page: 1 of
Test
No.
Location
Los Amlgos
Depth or
Elev.
Field
Dry
Density
PCF
Field
Moisture
Content
o/o
Percent
Comp.
Min. %
ComP.
Req.
Lab No./
Depth
o s tqse-
1-5 96 95 assumed/
8"+'l =ffit-ers#iion
with Little Wood
Lane, rig ht-et tel!g!!n e-finished
orade 130.3
96 95 a.ssumed/
8x2ioo no*h of hiking trail
right oI cenlgrline -
finished
orade 130.9 2.0
1.7 97 95 asiumed/
g,r+
3 aOO' north of Primrose Point
teft of centellne
-
finished
orade 132.0
2.0 97 95 assumedl
8"4 iooGor*r "i P*nrose Point
risht of centerline
finished
srade 132.1
96 95 iisumeo/
8"+5
E[ intersection with Gossamer
Road left oJ qqlerline-
finished I rgO.Ssrade I
1.6
1.7 97 95 assumedl
E"+6
or Sample Reference'
at intersection with Vlstt Place f.nrshoo I rst.e
!fI\
^ir*ffr->--i--------
-,,,r'0. Sq\A l:,.._ llY,hono, -
lPrroncr 9<1S t-rd_
=j
.)nr Oot iProct
Lab No,Method L.rv>{,I lPuvl I
Dens ,loast I7.O I
IaesurnedASTM D€gq
THENIJCLEARo€NsoMETEltMEYHoDoFTEST|NGwAsUSEDlNsuEsTAt.lTBLAccoRDANcEwml^STMD2922^Noo30r7.
F'.ffi.,..r.,@
r"_r_-F-...-.-dff:@dsrnr'ttY!.-"i.-
progress Report: Arr roadway base uppear.a to be *"il r"-;;"t.a- No silns of instabitity were evident'
d{'z-!5..d '-l*F-.. --,_tr'@
cc:
Dow Construction - Dow R|PPY
ilE-rver- Reviewed BY
TOTRL P.O1
April 7,2045
Larry Green, Esq.
Balcomb & Green, P'C.
Attorneys at Law
P.O. Drawer 79Q
Glenwood Springs, CO 81602
RE: f iling 7, Etk Spriugs Subdivision
Public. Infrastru,cture Improvepcnts
Dear Larry:
In my capacity as the Ranch manager for Los Amigos Ranch, LLC, I supervised the
oor"irootiorr of publio infrastnrotr.ro improvements for Filing 7' The contractor for the
improvements was DOW Conshuction Company, lnc'
This is to certi4/ that the public utility systems and roadway infrastructure facilities were
installed in their il;;t'*d *"t. inttaitea in compliance wittr approved construction
aoro*antt. All systemr h"rt been tested and are ready lbr their intended use'
SincerelY
4 6-.
Gld Boecker
Project Manager
7A ?qH..l uL]q" P qnqTL{H qn-](RtrCCbtrA/ tr Rtr :7.A
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STJBDIVISION IMPROVEMENTS AGREEMENT
ELK SPRINGS, 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, preliminaryplan approval was issued by the County for that portion of the Los
Amigos P.U.D. designated as Elk Springs, Filing 7, undertheterms 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 contelnplated
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 oflos Amigos Ranch P.U.D., (hereinafter "Final Plat") for aportion
oith" prop.rty lying 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 suff,rcient bythe Countyto secure and guarantee Owner's performance ofthis 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 andin consideration ofthepremises andthe mutual covenants and
agreements herein contained, Owner and the County agree as follows:
l. 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 Zoningand Subdivision Regulations.
2. 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") whictr-are required to be constructed by Resolution No . 96-34,Resolution No.
98-34, Resolution gg-lO2,the Final Plat and all CountyZoning 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 apart 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 and/or conditions and/or requirements 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:
i. Potable water supply and distribution systems for Elk Springs, Filing
7;
ii. Intemal roads, specifically Elk Springs Drive, Aster Drive and
Gossamer Road;
iii. Drainage features;
iv. Wastewater/sewercollectionsysteminaccordancewithSpringValley
S anitation District specifi cations ;
v. Utility structures, including electric, telephone, cable television and gas
lines.
Page 2
c. Payment of all fees required by the County and/or other governmental
authority(ies) or special district(s) with jurisdiction, as maybe required for installation of the
Improvements.
d. The Countyagrees that ifall required improvements are installed in accordance
with this agreement, the Final Plat documents, and the requirements ofthe PreliminaryPlan,
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 $1,451,309.16.
4. Security for Improvements. No security is required as all Improvements have
previously been constructed and installed and certified as complete.
5. Water Supply and Wastewater Collection. Owner certifies that Owner has 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. Al1 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, lnc., 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 Impact 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-waywithin 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. [n 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 ofOpen Space and Roads. Upon the mutual execution ofthis 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
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.
Dedication of School Land. Owner's predecessor in interest, Los Amigos Ranch
Partnership, conveyed a tract of land consisting of a portion of Los Amigos Ranch PUD 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. 5 12790, 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 complywith all requirements of said Resolution No. 005, Series of 2000 which include
the obligation to pay animpact fee of $437.00 per lot for each of the 48 lots within the Final Plat for
a total Fire District impact fee of $20,976.00 prior to the recording of the Final Plat.
10. Sale of Lots. No lots within Elk 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.
1 1. Enforcement. In addition to any rights which may be provided by Colorado statute,
the withholding of building permits and certificate of occupancies provided for in paragraph 12
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. tn the event the Owner fails to comply with the terms of this
Agreement, the BOCC shall have the 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 vacate 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. Indemnitv. The Owner agrees to indemnify and hold the Countyharmless and defend the
County from all claims which may arise as a result of the Owner's installation of the improvements
required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made
Page 4
r
asserting that the standards imposed by the County are improper or the cause of the injury asserted. The
Cotrnty shall be required to notifi the Owner of receipt of a notice of claim, or a notice of intent to sue,
and shall afford the Owner the opiion of defending any such claim or action. Failure to notify and provide
suchwrittenoptiontotheOwnershallextinguishtheCounty'srightsunderthisparagraph. Nothingherein
shall be interpreted to require the Owner to indemniff 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
toconstitr,rte awaiverofthesovereign ImmunitygrantedtotheCountybyColoradoStatuteandcaselaw'
15. Recording. Upon execution and authorization bythe 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, and be construed pursuant to
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 by the parties hereto.
1g. 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 Sfreet
Glenwood Springs CO 81601
Elk Springs,LLC
c/o Mr. GaryMcElwee
2929 Cotxrty Road 114
Glenwood Springs, CO 81601
with copyto:
Mr. Lawrence R. Green, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs CO 81602
Page 5
ENTERED INTO the day and year first above written.
ELK SPRINGS, LLC,
a Colorado limited liability company
By:
Thomas E. Neal, Manager
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Chairman
ATTEST:
Clerk to the Board
O:\WP-DOCSU{ry CtmUs Ardgm RmchSubdivision lrprowts Agr€trErt fu EIk Sprinp, Filing 7, Ic Amigo Rach PUD 616-05.wpd
Page 6
l\u, )uu- t, l'u
AUG,.10,2005 1I:1lAM.
CABSOIIDALE A![D RUBAI EIBE PROTEClTTON DISTRICII
BESOLUflONNO. Cp6-
SERIES or 2000
A RESOLIXIION APPROVING PETITTON FOR TNCLUSION Otr CERTAIN REAI
PROPERTY SITUAIE IN GARFIELD COUNIY, COLOEADq INITO THE
CARBONDALE A?.iD RURAI FIRE PROTEgfIoN DISTBJCT
WHEREAS, r}re Board of Directors of dre Carbondale and Rural Fire Protection
Disrrict received a Pedtion requesting inclusion; and
WHEREAS, pursuant to rhe Special District Act, rhe Board of Directors heard the
petition at public lrearings held on May 17r 2000 aud June 2!,2OOO, and recelved and
considered cummenr from interested parties; and
WHEREAS, publicafion of nodce of a public hearing to hear rtre Petition requesting
irclusion was accomplished in accordance with the Special pisfiisgAcfi aud
WHEREAS, uo r[rrniciBaliu]t coursy, or o&e.r qpeciat disttict wtuch may have beeu
ablg ro provide service to the realpropertyreqgestedtobe iucludedinm rtre Carbondale and
Rural Fire Prorecdon District appeared at fhe public hearingwhen the Petition was heard;
arrd
WIIEREAS, the failure of any per"son in the erdsdng Carbondale and Rrral Fire
Protectiou Disticr arrd ttre faihue of any municipality, couffy, or oEter speeial districrwhidt
may have beerr able to provide seruice m rlre real pmperty requested to be induded, to fiIe
a urriBen or oral objecdon, has been determined ro De au assent to the inchuion of the real
Fmpertl, and in accordance wiBr the Special Dlstrictecti and
WI{EREAS, *re Petitioner has fiiedwittr ttreBoard'of'Director evtdemcerfiarlo0s/o
fee ownership of the properry to be induded has coruenred to inclusiou and
WHEREAS, the Board of Uirectors finds Sat the Di,sn'ict is capable of serving the
properry proposed to be induded;
NOW THEREFORE, BE ff RESOtrytD by the Board of Dhectort of 6e Carbondale
and Rural Fire Frotection District rlrae
1. Approrral of Peqtion. Ttre Petidon requesdng indr:sion received by rhe Board
of Directors on oi aboutApril t % 20OO, be granted to include info the Disuict all of tlat real
prcpert]'sinrate in Garfield Counry, Colorado, Elore parricularty dessibed oa E:<hibit.t
amched hereto and incorporarcd herein, zubject to fte following condidons:
AUG. 10 2005'l 1:llAM-'l!u,r001 t, )/i
a. In the event ttraranother special districtproviding fire prorcaion and
emergency medical sewices in ttre Spring Valley Area is capabte of and willitrg to Brovide
such lervices to los Amigos Ranih in *re funrre, Los Arrigos Raach Parmership witl
cooperarewirlr Carboadale andRural. Fire Protecdon Dissict to effectuare discounection of
Ios-Amigos Ranch from Carbondale and Rural Fire Proteqiou District, if so requested by
Carbondale and Rtral Fire Protecdon District.
b. In tle sveut rhar tos Amigos Rancb, is disconneced from Carbondale
and Rural tEre Protection Distriq no impact fees paid Dy Los Aoigos ReDdr Parmership no
Carbondale and Rrrral Fire Protecdon Disuict shall be subject to being refunded.
2. Disrdct,Couft Filiog, The Chairrnan of the Board of Diressors shall cause a
copy of rhis Resofurion robe fiIedwith *re Clerk of rlre Garfield CouatyDistrict Courr.
3. Finali?ation of Court QELef. Tlre Chairman sball sause sudt aetiors as are
aecessary and pmper ro comply with the Colorado Special Disric A$ m formalize the
indusion of rlre real properry desqibed in rhis Resolution into the Carbondale and RuaI
Fire Protection Disricu
E-n\r. Jt a )qJ-r,J,oJ
READ, APPRo\IED, AI\iD ADoPTBD "W20oo.
CARBONDAI,E A}ID RUFAL FIRE
PROTECTION DISTRICT
DisALos Amigos Res olution.wp d
NU,']00 r, I
AUG, 10,2005 1l:11AM
ROBERT B. EIVTERSON, P.C.
86 SOTIITI THIRI} STREET
GARBONDAT-E, CO 81.623
(970) 963-3700
o7 0) 963-09S5 FACSTMILE
FACSIIVtrLE COVER LETTER
DATE: August 10,2005
TO: Brift
FROM: Jan
FAX NIJMBER: 945-9769
REt CRFPD Los Amigos Resolution
COMMENTA/MSSAGE:
Attached.
ToTAL NUMBER OB PAGES INCI.IIDING TIIIS COVER. PAGEr 3
ORIGINAf, TO BE SENT BY MAII. t I l.ES tX] TTIO
TRANSMITTED BY: Jart
Ir YOU DO NOT RECEI\IE AI.t OF THE PAGES, PTEASE CALI. US AS SOON AS
POSSTBLE AT (97o) 963-3700.
rHIS LvlEsSAcE IS INTENDBD ONLY FOR THE USE oF THE ADDRES.SEE AI-,ID
I\{AY GONTAIN.IhTFORIw!.*TIqN THAT IS PRIVII-EGED AI\ID CONFIDENTIAL. IF
YOUARE NOT TIIE INTENDED RECIPIENT, YOUARE HEREBY NOTIFIED THAT
ANY DISSEMTNATION OF TIIIS COMMT'NICATION IS STRICTLY PROIIIBITED.
IF yOU HAVB RECEIVED THIS COMMTJNICATTON IN ERROR, PLEASE NOTTFY
US IMMEDIATELY BY TELEPHONE. TIIANK YOU.
Report Date: 05/10/2005 01 :25PM GARFIELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: I
CERT #: 200502811
ORDER NO: LOS AMIGOSSCHEDULE NO: R111957
ASSESSED TO:
ELK SPRINGS, LLC
VENDOR NO:
BALCOMB & GREEN
141 W JACKSON BLVD STE 1720
GLENWOOD SPRINGS, CO 81601cHrcAGo, lL 60604-3001
LEOIU DESCRIPTION:LE\rAL lJEarv^lr I rvl
sECr,rwN,RNG:5-7-88 DESC: sEc s' Lors 2, 3, 4, 5,7, 8, 9,-lors}llF:^sFl{Y-I="tP;fE"i;}PI"t+ 38" 3,i5i r,'Jl I:t)uI i,'tli "*=# ;-o"R,6 r r;' !ryllq, rywii -i{.;.:g{1,'il'^1E^c 9;loJ9',uA"=1?55l3o RD
btsl ,? i;-i"a."f .6,i ?n"bo"r.ri ' i;.e2 Ad'Exairq;;_5ill-orsr av azs/.3,1e^EI9TJ 19: ly'?3sHX*t,i 'dfi:;r0',.r'dz?ii i"i; i, + c-oiiir+s li xc. EXcEpr A rR oF LAND coNr .221.e35 Ac. AS
-v^-6T A 'rtr nE I al\ln ani5e$T*?fii"$R'il6i, 6U nriric6s"inr.icH-Fro o pr-nr. REc 575830, EXcEpr A rR oF LAND coNr
^tu.oaa n/r.,EO riv,'l-f E,;r:Hi';;=,-'irT[i;']i''aXi#ilirilpFe,nrrrsog sK,aza po,ge ek8i3 PG:37e BK:843 PG:458 BK:775
ntl.AaEA n^-iEaA AV.4AOA D(|'2-tFEl.l#"si;E p"oliis'iirii)ffijc,tod eklizso pG:6e7 BK:'r230 pc,osr BK:0650 pG:0574 BK:14e8 PG:271
^A.AF^A 6v. idoa E)r1.n4 n2[[,iidr"#,ii,iilrciiiso pG:600 RECpr:603i13 BK:0ee5 pG:0534 BK:0ee5 PG:052e BK:0e82 PG:0103
SITUS ADD:CARBONDALEPARCEL:2393-052-00-007
TAX YEAR
2004
CHARGE
TAX
TOTAL TAXES
TAX AMOUNT
20,s36.34
INTEREST
0.00
PAID
20,836.34
TOTAL DUE
0.00
0.00
FEES
0.00
0.00GRAND TOTAL DUE AS OF 06/10/2005
ONICIUEI TAX BILLING FOR 2OO4 rnx olsrnlcT 011 - 1R-MF
AuthoritY
GARFIELD COUNTY
CARBONDALE FIRE
BASALT WATER CONSER
COLO RIVER WATER CONS
SCHOOL DISTRICT RE.1
COLORADO MTN COLLEGE
GARFIELD COUNTY - ROAD & BRIDGE
GARFIELD COUNry - CAPITAL EXPEND
GARFIELD COUNry. SOCIAL SERVICE
TAXES FOR 2OO4
Mill Levy Amount
10.745 3,312.45
8.367
o.072
0.252
41.246
3.997
0.868
1.042
1.000
67.589 20,836.34
Values
VACANT LAN
AGRICULTUR
TOTAL
Actual Assessed
1,061,270 307,7701,760 510
1,063,030 308,280
2,579.38
22.20
77.69
12,715.32
1,232.20
267.59
321.23
308.28
FEE FOR THIS CERTIFICATE '10.00
ALL TA( LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TMES BY THE LIENHOLDER
oR To ADVERTTsTNG AND DrsrRAlNT wARRANT rees.-cunlroEs MAY occuIANo rHE TREASURER'S oFFlcE wlLL NEED To BE
..NTACTED pRroR To REMTTTANCE AFTER rHe r-or-iowrNG DATES: pEns-or.rer- pRopERTY ANDIIOBILE HOMES - SEPT 1, 2005'
REAL pRopERTy - ocroBER 1, 200s TAx r-reN sAIE neoirlrpiroN Ar.aour.ris nusi ee pato BY cAsH oR CASHIERS cHEcK'
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNry
cbrvrrr,trSsror.rERS, THE couNw cLERK, oR THE couNTY ASSESSoR'
This certificaie does not include land or improvements assessed under a separate account number, personal property taxes'
tranlier ia, or misc. lax collected on behali of other entilies, special or local improvement district assessments or
mobile homes, unless specifically mentioned'
l, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sates for unpaid'taxei as shown uy tre recoios in my office from *.hi"h.l[.::1",T:I:1l]Pf,,t""1i,"fl""1*1,||: 113H":rtif:[HY i,iiEi.iiii,i,l'5iJ"i?,i,i i'nil""ili. ri*iiii.i'*t'ereor, I have hereunto set mv hand and sear this 1oth dav or June, 2005',N
TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY
P. O. Box 1069
Glenwood SPrings, CO 81602-1069
(e70) 945-6382 fli::roq: . { 1C
di sEAL i..=
\s&:.. i 1
U-.aai'a;d
2929 Cuunl"y Ruad 114
Clenrvood Springs, CO 81601
97A-945-6399
08/04t05
Fred A. Jarnran, AICP
Assisttrnt P I anning Dircc;to r Gurticld Co tnrty
log 8th St, Ste 20t
Glenwood Splings, CO 81601
Dcar Mr. Jarman,
The Recl Canyon Water Company, owned hy the Elk Springs Homeowners Association,
can ard will provide water to lots in Elk Springs Subdivisiotr, tiling 7 of ths Los Amigos
Ranch Planned Unit Development.
Red Czuryon Water Company has storage capacities in place to supply lvater to the entire
surbdivision at build-out, All water rights are secured .qnd all water allotment contracts
are in place tfuough the Basalt Water Conservancy District.
fi@aqcls, lt f^l( A,( Frf/'^-- -
GXv PicEiwee
Secretary/Red Canyon Water Company
Red Canyon Water Company
VA 19V.1 tsHSl P qnqThH qn-]ERtrqcb(rr,'A !:c:an caDT itotca
LOYALE. LEAVENWOR'T'H
SANDERN. KAX.P
DAVID H- McCONAUGHY
JAJVTES S. NEU
SUSAN W. LAATSCH
NICOLE D. GARzuMONE
ANNA S.ITENBERG
MICI{AEL J. SAWYEIT
CASSTAR. FLIRMAN
LEAVENWORTII & KARP, P.C.
ATTORNI'VS AT LAW
2oI l47H STREET, SUITE 200
P. O, DRAWER 2O3O
GLENWOOD SPRINGS, COLOII,ADO 8 I 602
Tclophone; (r'7 O) r4S -2261
Facsirni le; (97 0) 945 -7 336
jsn@lklawfinncom
August 4,2005
DENV)..,R CTFFICE:'
?00 WASHINGTON sT. sTE 702
DENVER, COLORADO 80203
fglephonc: (103) 825-3995
Facsimile: (301 ) 825'3997
tt(Plcase di rect all correspondence
to ottr Glenwood SProrys Office)
Fred Jarman, Senior Planner
Garfield Corrnty Building & Planning Departmeut
1oB 8th' Suite 2oI
Clenwood Springs, CO 81601
Dear Fred:
We represent the Spring Valley Sanitation District (the "Dishict"). Elk Springs, LLC f .k.a'
Lus Ar,igos Ranch partnersh:ip (the "Applicant") requested that the District provide a leuer
regardinglhe District's provision ofwastervater ffeahnent service to that certain property owned by
thl eppli.ont within the District for which it srrhmitted an application to Garfreld County for a final
plat pnown as Elk Springs Subdivision Filing No, 7. On behalf of the District, \^'e present belorv
non-enginee;ring commeirts regarding the Applioation. It is our understanding that allof the sewer
nmil infrastructure is in plac- and no facilities will be dedicated to the Distrrct; othertvise, tlre
Diskict's engineers, Schmueser Gordon Meyer, Ino.,would need to provide engineering colrlnl€nts
on behalf of the Distriot under s€parate cover.
The District aud the Applicant entered into that certain Pre-Inulrrsiul atrd Wastcrvatcr
Treatmen[plant Developmerrt Agroement datecl Decembor 15, 1999 and recorded rvith the Garfield
Counfy Clerk and Recorrier as Rcccptiun }.lo. 587475 (thc '?DA"). Tlro PDA sets forth the ternls
and conditions of the Disfricts provision of wastervater treatment seru-ice to the Applicant's properly
antl uururuits sufflrcicnt EQR of service for Filing No. 7. The Applicant is in full compliance rvith
the pDA as of this date of this letter.-.ifhe District has the capacity in its rvastewater treatment
plant, and con ond will serve the development proposed utrder the Application tvith server
services, subject to the following conditions:
t. A complete set of sewer conskuction plans are provided to the Disnict for its review
and approval prior to construction of any facilities to be dedicated to the Disrnct;
Z. The approval by the Disfict of all required Line Extension Agreements or Line
Conneition Ageernents as requlred by the District's Rules and Rcgulattorrs ald/or
the PDA;
3. The Applicant complies with all of the terms and conditions of the PDA and the
Distriut's Rulcs and Rcgulations; and
Re:
za l9ud VHSf 8 SOgII^IV SOI fr6F qabRai A tra :an caaT / ) o lc-rt
I
LEA,VENWORTII & KARP' P.C.
PagaZ
August 4,2005
JSNr
co: Denise Diers, District Administrator /
Board of Direotors/
Dean Gordon, P'E. 'z
Gary McElwee /
t. t..,...i614.-\.+qlEq 39Vd
4. Pursuant to the Distric.t's Rrr'les and Regulations ancl the PDA' the Applicant shall
reimburse the Distict for all costs incurred by the Disrrict regarding this projeot,
inoluding, but not limited to legal and engineering revierv'
please feel free to contact me if you have any quostions.
Very rulY Yours,
LEAVENWORTH & KARP, P.C.az,u
7(*r"rS. Neu
vHS3 8 SOgIl^tV 501 65E9E,5A/5 EE :88 98AZ ! Lt4 '/6ta
sm 0,eu9a
December 31, 1997
Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
GAi+-iE{J) coLNry sutc scrvices Buitdrla
222 S.6th Str*t Roou {16
Grand Junction. Colondo 81501
Telephone (9?0) 24&7J25
Re: Los Amigos Ranch, Filing 5A-11 Wildfire Hazard Review
Mark,
! read through the application and visited the sitc r,'riih Grcg Boecker and Bil! 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 standardtor the Protection 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 5O 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 Rural 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-
LOS AMIGOS . PAGE 2
A high percentage of the lots are situated along the southwest edge of a bench above
Highway 82. This bench is not visible from the highway. The slopes leading up to this
bench 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, !
recommend that all structures be situated a minimum of 50 feet from the ridge line
(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.
1) For a distance of 10 feet around all structures establish and maintain vegetation at
6 inches or less (i.e., mowed lawn). No woody vegetation should be allowed to remain
within this perimeter, either from existing stands or proposed landscaping. ln addition,
flammable materials should not be stored in this zone.
2) For a minimum distance of 30 feet around alt structures thin existing trees so that
the edges of tree crowns are no closer than 10 f eet at maturity. As the slope
percentage increases the minimum defensible space distance will increase (see
enclosed chart). For example, homes on 1O7o slopes should have a minimum
defensible space distance of 35 feet uphill and to the sides, and 37 feet downhill.
Homes on 2Oo/o slopes need a minimum of 40 feet uphill and to the sides, and 47 feet
downhill. ln addition, the lower branches should be pruned off to eliminate ladder fuels
which can allow a fire to burn from ground level 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 of
young and old trees (i.e., unevenaged stand). An unevenaged forest is healthier than
an evenaged forest.
3/ All dead wood within '100 feet of structures should be removed.
Greg mentioned that non-combustible roofing material would be required. That's a
good idea. Feel free to call me with any questions about my comments.
SincAlely,
a_1i^-.^.. lJJk,,*
A. Vince Urbina
Assistant District Forester
Bill Gavette - Carbondale FD
Guy Meyer - Garfield County Sheriff's Office
Greg Boecker
2r{ -
rj61 5.0 1990
4r- Tetcphone (970) 24&?3Zs
Re; Los Amigos Ranch, Filing 6-lO Witdtire Hazard Review
Mark.
I received this new preliminary plan from your office on January 28th. Because it
appeared to be very similar to the original application that I reviewed, I calted your
office to find out what had changed from the previous application. Stella informed methat there had been some water problems and that the overall 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, l gg7. Therefore, I standby my recommendations of that first letter dated December 31, 1gg7. This
application did reference Exhibit E6 as having more information on wildfire issues. Thisexhibit was not included in either of my documents. t would tike to have if for my filesif that is possible
Please feel free to call me with any questions.
Sincerely,
t\ tL*Lu,tl'*l
A. Vince Urbina
Assistant District Forester
cc: Bill Gavette - Carbondate FpD
Guy Meyer - Garfield County Sheriff,s Office
Greg Boecker
January 29, 1 998
Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
k4gff:Hffi
4-
SUPPLEMENTAL DEGLARATION FOR
LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY. COLORADO
THIS SUPPLEMENTAL DECLARATION FOR LOS AMIGOS RANCH PLANNED UNIT
DEVELOpMENT, GARFTELD 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 Rantn 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
Declaration of Covenants, Conditions and Restrictions for Los Amigos Ranch Planned Unit
Development, Garfield County, Colorado (Amended and Restated Declaration) on
February 15, 1991 in Book 79b, Page 48 of the Garfield County Clerk and Recorders'
records as RecePtion No., 421306.
C. Declarant desires to annex all those properties contained within the Final Plat
pursuant to this Supplemental Declaration and thereby subject said_annexed properties
ihereinafter "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.i The Additional 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 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 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 lightning 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 shall
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 on20o/o slopes need a minimum defensible space of 40 feet uphill and
tothesides and47 feetdownhill. lnaddition,lowerbranchesoftreeswithinthedefensible
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. Alldead 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. Natural gas appliances may be used freely.
a'
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 sealthis
of ,2005.
day
ELK SPRINGS, LLC
A Colorado limited liability company
By_
Thomas E. Neal, Manager
STATE OF TLLTNOIS )
)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:
of
STATE OF COLORADO
Roy Romer, Govemor
DEPARTMENT OF NATI]RAL RESOT]RCES
DIVISION OF WILDLIFE
ex eeuer oproinnrrrt EMrtoyEr
Joha Mumoa. Director
6060 Broadway
Dcovet. Colorado E0216
Tclcphooc: (3O3) 297 - L 192
5O633Higtrway6&2a
Glcsqrood Spriogs, CO tl6()l
n3-945-712t
OUTtf ' $ L(it''iri
ForWtldltfe-
For Peopb
January 5, 1998
Mark Bean
Garfield County plrnning Department
109 8th Sreet, Suite 303
Glenwood Springs, CO 81601
RE: Commenc oo Los Amigos Ranch, Filings sA-tl
Dear Mark,
While Los Amigos Rarch has gone a long way in tryrDg to avoid scvere deer and elk winter ranges in
6eir developmeu, 6e Divisbn of Wildlift would like o make some recommendations to try and improve the
abiliry of homeowners to enjoy wildlife on their properry, help avoid htrman/wildlife conflicts and help
migration of wildlife onto severe winter ratrges reservd by Los Amigos Ranch.
Furr, the wildlife suueurem inchdd in the development plan by Greg Boecker gtves a general list of thc
wildlife located on or near the developmeut. It would be helpful o dl rew ownenl sf thi.q property for Los
Amigos Rarh or rhe developer o provide a small brochure or leaflet advising what wildlife species may be
errcountered and how o avoid potential wildlife related problems. Mary owners moving ino the area tuily
mt be aware of rhe possibiliry of coyotes kiling pets, hars searching out food inside vehicles and building,
moumain tion sigfuings in areas where tbeir children may be playrng and damage to ornamentals by deer and
elk. An informed owner has the ability o avoid or redtrcc these probtems.
. Secondly, while &is rarb is comidered as less than ideal bear habiar and density of bears is considcred
low, bear proof garbage gsnreincrs should be required. Carelessly hedled trash atrracs wildlife problems.
Thoe species of wildlife generally considered least desirable when rrar horsing (beanl, shtl*s, coyoia and
racoons) are arrafied o msh. Populadou densities of thesc species rsuafly ircreasc when hunans do a poor
job of trash managemeil.
Third. rhe L6 Amigo Rad Plan *ates thu aoy ferrcs built will be less than 42 inches tall and wi[ El
define a propcny boundary but only used to ferrcc a building eovelope. To faciliarc thc flow of all wildlift
rhrough this property, urc recommcnd 0rar scveral loc have building ervetopes defiDcd before approval. Tbcsc
building envelopcs should avoid crossing draws deer and elk may usc to reach scvere winrcr rarge. Wc
recommcrd rtra los on qpcitc sides of a draw tuvc building envelopcs that leave as much of tbc draw opco
as possible. Predefined building envelops are recommerded for thc fotlowing lots:
- /6-
DEPARTMENT OF NATURAL RESOURCES. Iuncr Loclrlsd. Ercartivc Dinrror
WILDLIFE COMMISSION, Anold Srhzer. Chrirnun o Rcbcccr Pnrt. Vicc Ctrirn& r Mrrt trVdlcy, Seurry
Rcv. Jcscc L. Boyd. Jr.. Mcmbcr o lrrnc. R. Lon3, Mcmbcr . Chrrler D. I-cair. Mcmbcr r lohn SIrIP' Mcmbct o l,osir Svill' MED"
ffi
January 5, 1998
Page2
Filing 6 - Lots 5,6,7,9,33 efr37.
Filug 7 - Lots 34, 36, 3E,40, 42,44,4, fi and 48.
Filng 8 - los 9, 10, 11, [5, and 17.
Filing 9 - Los 2,4, 6,42,44 zfr 46.
Thankyor for 6e oprporarnity to coullncil-
Sincerely,#ryc( 4,**
I-arry L.Ereeu
Distria Wildlife Manager
-/7 -
STATE OF COLORADO
Roy Romer, Governor
DEPARTMET{T OF NATURAL RESOTJRCES
|l|AR t a 1990,
DIVISION OF WILDLIFE
^N
EQU L OPR)R,TUNITY EMPLOYER
John Mumma, Director
6060 Broadwav
Dcnvcr, Color;ldo EO2 l6
Telephone: (303) 297 -l l9Z
50633 Highway 6 &24
Glcnwood Springs, CO E160I
303-945-722E
March ll, 1998
Mark Bean
Garfield County Planning Deparment
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Comments on Los Amigos Ranch, Filings 5A_11
Dear Mark,
Since my lerer dated {-urry 5, 1998, I have had a chance to discuss my recommendations with GregBoecker. After reviewing a beuer map of the area, I have altered some of my recommendations. This leueris a follow-up aftempt to clariry Some misunalerstanditrgs.
Greg Boecker was concerned about what was meant by bear proof garbage containers. Certaincompanies build garbage containers with heavy duty lids and openings tnat toot liki a mailbox letter drop,however, other designs of containers that preclude bear enEry :lre acceptable. Garages or small sheds withdoors and windows closed are rxually bear proof. tf any trash is o be stored outside o1an 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 neardraws that deer and elk would us€ to move to critical winter range. After riviewing a beuer map, I havedropped several of these lots from this list. However, there is still some confision. Ls Amigos .br.o-sallow fences of less than forry-nvo inches to fence a building envelope but not a property boundary. For ti"isreason' if rc building envelope is required, a landowner may construe his building .or.iop" to include all buta few feet from the property boundary. Due to the wording of los Amigos .ou.o-t , I would still like torecommend predefined building envelopes on the following loa:
Filing6-lrts6and7.
Filing 7 - L-ors 34,36,38, 40, 4?, 43,47 and 4g.
Filing 8 - Loa 9, l0 and ll.
Filrng 9 - tors 2,4 arrd6.
Thank you for the oppornrniry !o comment.
d 4-r*"-,*
ife Manager -18'
DEPARTMENT oF NATURAL REsot RCES, James l,ochhcad, Exccutive DircaorWILDLIFE CoMMIssloN' Arnold Sal'z^r, Chairman r Rebecca Frank, Vicc Chairman . Mark LeValtey, SecretaryRernlrd L Rl:rck. \{rmhr'r.. rtmes R. I rrnl. \lemher. Chrrle. D I r,u,is. ]{emt,er.. Iouis St,ifi. !{emher
For ll/ildlfe-
For People
Larry L.
IMPACT F'tr,E, RE,Ctr,IPT
DATE: October 31,,2001
FIRE PROTECTION DISTRICT
Carbondale & Rural Fire Protection Distrct
300 Meadowood Drive o Carbondale, CO 81.623
Phone - (970) 963-2491,
Fax - (970) 963-0569
Received Elk Springs LLC
From: o/oBalcomb & Green, P.C.
PO Drawer 790
Glenwood Springs, CO 81.602
PAl',\{ENT h{11'lllOD CHECKNU]\{BER NAI{E, C) L I}ITYELOP}{EN'1'
Check 2560 Elk Sprinss Filins 8 Phase 1
OTY DESCRIIYllON UNIT TRICE .IO'IAL
18 Single Familv Units $ 437.00 $ 7,866.00
$ 437.00 )
Commerciai/Industrial $ 437.00 $
$ 1,092.00 q $
q " 8()6.f 1(l
/sl lennv Cutright
Received By
10/ 31 /2007
Multi Family Units
I{otellMotcl
T0TA], AX,rIOUNI- DI II]
Date