HomeMy WebLinkAbout1.00 General Application Documents - Part1
OAK MEADOWS RANCH P.U.D.
FILING 4B – PHASE III
FINAL PLAT APPLICATION
GARFIELD COUNTY, COLORADO
MARCH 2023
OAK MEADOWS RANCH P.U.D.
FILING 4B – PHASE III
FINAL PLAT APPLICATION
GARFIELD COUNTY, COLORADO
MARCH 2023
Oak Meadows Ranch PUD – Filing 4 – Phase III
Final Plat Application
March 9, 2023
Table of Contents
Section 1 – General Application Materials:
Final Plat Application Form
Agreement to Pay Form
Statement of Authority Form
Proof of Ownership
o Title Commitment
o Operating Agreement of Oak Meadows, Filing 4, Phase 3 LLC
o Deeds Conveying Title
Bargain and Sale Deed Conveying Water Rights
Special Warranty Deed Conveying Real Estate
List of Owners of Record of Adjacent Property within 200-ft Radius of Subject Property
Certificate of Mineral Owner Research with Supporting Documents
Vicinity Map
Letter regarding Lienholders
Response to NTC Letter from Garfield County dated February 24, 2023
o Response to NTC Letter Items 4(a) and 4(c)
o Response to Conditions of Approval from the Amended Preliminary Plan
Section 2 – Cover Letter and Project Description
Cover Letter
Section 3 – Subdivision Improvements Agreement:
Subdivision Improvements Agreement
Section 4 – Final Plan Map
Final Plan Map
Section 5 – Final Plat
Final Plat
Section 6 – Codes, Covenants and Restrictions
Codes, Covenants and Restrictions
Section 7 – Affordable Housing Plan
Affordable Housing Plan
Section 8 – Engineering Plans
2023 Proposed Final Engineering Plans – Full Set
o Road Plans and Profiles – Sheets R1 through R2 of the Engineering Plans
o Sewage Collection System – Sheets S1 through S3 of the Engineering Plans
o Water Distribution System - Sheets W1 through W3 of the Engineering Plans
o Groundwater Evaluation – Addressed in Geotechnical Study
o Stormwater and Drainage System – Sheets D1 through D3 of the Engineering Plans
o Revegetation Plan – Sheet L1 of the Engineering Plans
o Erosion Control Plan – Sheet E1 of the Engineering Plans
Final Construction Management Plan
Geologic Site Assessment and Geotechnical Study
Final Construction Cost Estimates for Public Improvements
Road Intersection Sight Line Exhibits
Response to Engineering Comments from Mountain Cross Engineering
Section 1
General Applications Materials
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision Preliminary Plan Amendment
Major Subdivision Final Plat Amendment
Sketch Preliminary Final Common Interest Community Subdivision
Conservation Subdivision Public/County Road Split Exemption
Yield Sketch Preliminary Final Rural Land Development Exemption
Time Extension Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
2 3 9 5 1 5 3 1 0 0 0 1
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule
A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount
as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The
term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but
this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic
means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or
to be issued by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of
each Policy to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of
imparting constructive notice of matters relating to real property to purchasers for value and without
Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this
Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between
the parties with respect to the subject matter of this Commitment and supersedes all prior commitment
negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating
to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.ARBITRATION
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Countersigned:
Patrick P. Burwell
Commonwealth Title Company
1322 Grand Avenue
Glenwood Springs, CO 81601
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Transaction Identification Data for reference only:
Issuing Agent: Commonwealth Title Company
Issuing Office: 1322 Grand Avenue, Glenwood Springs, CO 81601
ALTA® Universal ID: 1038730
Loan ID Number:
Issuing Office File Number: 2020-03-67
Commitment Number: 2020-03-67
Revision Number: 1
Property Address: TBD N Oak Way, Glenwood Springs, CO 81601
SCHEDULE A
1. Commitment Date: 05/23/2022 at 8:00 AM
2. Policy to be issued:
(a) ALTA Owner's Policy $
PROPOSED INSURED:Oak Meadows, Filing 4, Phase 3 LLC
3. The estate or interest in the Land described or referred to in this Commitment is: fee simple.
4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in:
Oak Meadows, Filing 4, Phase 3 LLC
5. The Land is described as follows:
Property description set forth in “Exhibit A” attached hereto and made a part hereof.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
Patrick P. Burwell, License #: 153719
Authorized Signatory
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the title search and commitment to the Company as set forth
below: Informational Title Commitment: $167.00
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. The Company must be furnished a copy of (1) the articles of incorporation, (2) written bylaws and all
amendments thereto, (3) a certificate of good standing (or current registration) of said company. We must
be furnished with evidence satisfactory to the company that all necessary consents, authorizations,
resolutions, notices and actions relating to the sale and the execution and delivery of the deed as required
under applicable law and the governing documents have been conducted, given or properly waived.
6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-
ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated,
showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and
encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent
such matters are capable of being shown, (iii) containing a legal description of the boundaries of the
Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of
Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat.
7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and
materialmen's liens.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attached, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy if
Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the
applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the
public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in United States Patent recorded on
November 8, 1939 as Instrument #137459 in the official records
10. Reservation of mineral rights more fully described in Deed recorded on November 4, 1959 in Book 321,
Page 334 in the official records and any and all interests therein or assignments thereof.
11. Reservation of mineral rights more fully described in Deed recorded on July 24, 1961 in Book 335, Page
282 in the official records and any and all interests therein or assignments thereof.
12. Reservation of mineral rights more fully described in Deed recorded on January 14, 1966 in Book 372,
Page 389 in the official records and any and all interests therein or assignments thereof.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
13. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on January 26, 1977 in
Book 492, Page 894 in the official records as amended in instruments recorded on March 21, 1979 in
Book 524, Page 932 in the official records on November 23, 2009 as Instrument #778121 in the official
records in Book 1348, Page 263 in the official records
14. Terms and conditions of the Articles of Incorporation for the Oak Meadows Homeowner's Association
recorded in Book 501, Page 810 in the official records
15. Terms and conditions set forth in Agreement recorded on August 11, 1995 in Book 950, Page 56 in the
official records
16. Terms and conditions set forth in Agreement recorded on August 11, 1995 in Book 950, Page 90 in the
official records
17. Terms and conditions of the articles of organization of incorporation of Oak Meadows Service Company
recorded on August 18, 1995 in Book 950, Page 530 in the official records
18. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on July 17, 2000 in
Book 1197, Page 602 in the official records as amended in instrument recorded on November 22, 1996 in
Book 1000, Page 650 in the official records
19. Terms and conditions set forth in Agreement recorded on February 15, 2002 in Book 1329, Page 929 in
the official records
20. Easement and right of way as described in document recorded on March 13, 2001 in Book 1237, Page
250 in the official records
21. Easement and right of way as described in document recorded on January 26, 1977 as Instrument
#276561 in the official records
22. Terms and conditions of Specific Declaration recorded on May 2, 1978 as Instrument #285202 in the
official records
23. Garfield County Resolution recorded on November 21, 1995 in Book 959, Page 166 in the official
records Resolution recorded on August 13, 2008 as Instrument #754011 in the official records and in
instrument recorded on August 11, 2009 as Instrument #773110 in the official records and in instrument
recorded on June 22, 2010 as Instrument #787581 in the official records and in instrument recorded as
Instrument #837610 in the official records and in instrument recorded on July 21, 2015 as Instrument
#865682 in the official records and in instrument recorded on July 6, 2016 as Instrument #879290 and in
instrument recorded on August 7, 2017 as Instrument #895833 in the official records and in instrument
recorded on August 6, 2019 as Instrument #923774 in the official records and in instrument recorded on
July 8, 2011 as Instrument #804937 in the official records
24. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the
center thread, bank, channel or flow of waters in Four Mile Creek lying within subject land; and any
questions as to the location of such center thread, bed, bank or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
25. Easements, rights of way and all other matter recorded on May 7, 2002 as Instrument #602927 in the
official records and recorded on July 7, 2005 as Instrument #677734 in the official records
26. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights
Agreement and Subdivision Improvements Agreement recorded on July 7, 2005 in Book 1704, Page 723
in the official records
27. Terms, conditions and all matters set forth in Resolution recorded as Instrument #970624 in the official
records
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
EXHIBIT A
Property Description
Issuing Office File No.: 2020-03-67
A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian being
more particularly described as follows:
Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in
Garfield County Clerk and Recorders Office; whence the Southwest corner of Section 15 bears South 02°59'12"
West a distance of 2295.61 feet; whence the South quarter corner of said Section bears South 89°44'38" East a
distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak
Meadows Ranch Filing No. 4 the following 2 courses:
1) North 00°41'27" East a distance of 1325.86 feet;
2) South 89°18'33" East a distance of 1118.99 feet;
to a point on the boundary of the Roaring Fork School District RE-1 Parcel as described in the Special Warranty
Deed recorded in Book 1575 at Page 274; thence along said school parcel boundary the following three courses:
1) South 00°01'02" West a distance of 438.63 feet;
2) South 89°17'31" East a distance of 453.93 feet;
3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of
27°03'19", and the chord bears North 41°07'01" East a distance of 176.35 feet;
To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing
No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said
right of way the following three courses:
1) Along the arc of a non tangent curve to the left 446.02 feet, having a radius of 276.96 feet, a central angle of
92°16'13", and the chord bears South 08°21'19" West a distance of 399.36 feet;
2) Along the arc of a tangent curve to the right 137.23 feet, having a radius of 445.13 feet, a central angle of
17°39'49", and the chord bears South 28°56'53" East a distance of 136.69 feet;
3) South 20°07'02" East a distance of 484.06 feet;
to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 4B, Phase II recorded under Reception
No. 677734; thence along said Northerly boundary the following seventeen courses:
1) Along the arc of a non tangent curve to the right 20.41 feet, having a radius of 50.00 feet, a central angle of
23°23'04", and the chord bears North 60°24'39" West a distance of 20.27 feet;
2) Along the arc of a tangent curve to the left 81.65 feet, having a radius of 100.00 feet, a central angle of
46°46'46", and the chord bears North 72°06'30" West a distance of 79.40 feet, to a point;
3) Along the arc of a tangent curve to the right 27.55 feet, having a radius of 20.00 feet, a central angle of
78°55'19", and the chord bears North 56°02'13" West a distance of 25.42 feet
4) North 16°34'34" West a distance of 5.50 feet;
5) South 73°25'26" West a distance of 50.00 feet;
6) South 16°34'34" East a distance of 33.16 feet;
7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet, a central angle of
34°44'46", and the chord bears North 86°57'37" West a distance of 80.62 feet;
8) North 69°35'14" West a distance of 41.85 feet;
9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a central angle of
13°17'47", and the chord bears North 62°56'21" West a distance of 65.99 feet;
10) North 56°17'27" West a distance of 3.93 feet;
11) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 feet, a central angle of
24°06'39", and the chord bears North 68°20'46" West a distance of 68.92 feet;
12) North 80°24'06" West a distance of 17.51 feet;
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
13) Along the arc of a tangent curve to the left 81.37 feet, having a radius of 315.00 feet, a central angle of
14°48'02", and the chord bears North 87°48'07" West a distance of 81.14 feet;
14) South 84°47'52" West a distance of 107.77 feet;
15) Along the arc of a tanget curve to the left 61.29 feet, having a radius of 465.00 feet, a central angle of
07°33'08", and the chord bears South 81°01'18" West a distance of 61.25 feet;
16) South 77°14'45" West a distance of 62.22 feet;
17) South 00°41'27" West a distance of 102.82 feet;
To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the
Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4
North 89°18'33" West a distance of 1151.12 feet to the True Point of Beginning.
Adjacent Property Owners
3S LLLP
2604 W County RD 8
Berthoud, CO 80513
2395-152-00-011
Bureau of Land Management
2300 River Frontage Road
Silt, CO 81652
2395-164-00-957
Joseph & Samantha Casey
73 Beaver Court
Glenwood Springs, CO 81601
2395-153-11-002
William Lee Roberts & Paula G. Barta
29 Meredith Street
Boston, MA 02132
2395-153-11-003
Jason & Joy Love
5 Beaver Court
Glenwood Springs, CO 81601
2395-153-11-016
Oak Meadows Homeowners Association
PO Box 908
Glenwood Springs, CO 81602-2115
2395-153-13-062
2395-153-13-064
2395-153-11-012
Oak Meadows Development Corporation
PO Box 1298
Glenwood Springs, CO 81602-1298
2395-152-11-014
Bartholomew & Klimowska Obrochta
15 Beaver Court
Glenwood Springs, CO 81601
2395-153-11-015
Roaring Fork School District RE-1
1405 Grand Avenue
Glenwood Springs, CO 81601
2395-152-10-002
Mark & Lesa Russo
83 Beaver Court
Glenwood Springs, CO 81601
2395-152-11-001
Austin & Rachel Schlepp
43 Beaver Court
Glenwood Springs, CO 81601
2395-152-11-004
Janice Shugart
840 Faranhyll Ranch Road
Glenwood Springs, CO 81601
2395-161-00-135
Sundog Enterprises LLC
840 Faranhyll Ranch Road
Glenwood Springs, CO 81601
2395-161-00-137
Joshua & Laurie Taylor
286 Silver King Court
Glenwood Springs, CO 81601
2395-153-13-060
Ryan & Kaisa Blake
10862 Cottage Lane
Hanover, MN 55341
2395-153-13-043
Jean Louise Allard
645 Old Midland Spur
Glenwood Springs, CO 81601
2395-153-13-042
Michael Kurnik & Kristina Crawford
298 Silver King Court
Glenwood Springs, CO 81601
2395-153-13-059
Luis Diaz & Patricia Rosario Camacho Chavez
2307 County Road 154 #9
Glenwood Springs, CO 81601
2395-153-13-044
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Mineral Rights Ownership Research
July 25, 2022
Page 1 of 4
July 25, 2022
Phillip Berry, Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Oak Meadows Ranch, Filing 4, Phase 3 – Mineral Rights Ownership
Research
Dear Phillip:
In accordance with your recent communications, on behalf of Gary Johnson
and Oak Meadows, Filing 4, Phase 3 LLC , Gamba & Associates, Inc. (Gamba)
hereby submits this letter describing our process of researching the mineral
rights ownership for the subject property.
First, we reviewed all deeds and recorded documents related to the property
which were identified in the title commitment that had been prepared for this
land use application. We read all deeds and documents identified searching for
any reference to the conveyance or reservation of mineral rights contained
within them. This first search identified the following three documents which
contained a reference to the conveyance or reservation of mineral rights on
the subject property:
1. A real estate Deed recorded November 4, 1959 in Book 321 at Page
334 as Reception No. 207275 (see attached) dated October 30, 1959
from Emery E. Arbaney and Beulah M. Arbaney to Floyd E. Bachman
and Helen A. Bachman which contains the following language:
o Excepting and reserving, however, from both parcels of real
property hereinabove described, an undivided one‐half interest in
all oil, gas and minerals in, under or upon said real property,
together with the right to enter upon, explore, mine or otherwise
remove the same upon payment of surface damages.
2. A real estate Deed recorded July 24, 1961 in Book 335 at Page 282 as
Reception No. 214544 (see attached) dated July 17, 1961 from Floyd E.
Bachman and Helen A. Bachman to Don Lawson Lynch and Christine G.
Lynch, which also contains the following language:
o Excepting and reserving, however, from both parcels of real
property hereinabove described, an undivided one‐half interest in
all oil, gas and minerals in, under or upon said real property,
together with the right to enter upon, explore, mine or otherwise
remove the same upon payment of surface damages.
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Mineral Rights Ownership Research
July 25, 2022
Page 2 of 4
3. A real estate Deed recorded January 14, 1966, in Book 372 at Page 389 as Reception
No. 233134 (see attached) dated January 13, 1966 from Don Lawson Lynch and
Christine G. Lynch to Harold H. Quimby and Waneta Quimby, which also contains the
following language:
o Excepting and reserving, however, from both parcels of real property hereinabove
described, an undivided one‐half interest in all oil, gas and minerals in, under or
upon said real property, together with the right to enter upon, explore, mine or
otherwise remove the same upon payment of surface damages.
Following this we conducted the following additional record searches of recorded documents
contained in the office of the Garfield County Clerk and Recorder:
Garfield County Grantor/Grantee records preceding the property ownership of Emery
E. Arbaney and Beulah M. Arbaney as noted above, and subsequent to the property
ownership of Harold H. Quimby and Waneta Quimby as noted above.
Searches of recorded documents pertinent to the subject property, or to the parent
parcel from which the subject property was created, using the following filters:
o Mineral
o Mineral Deed
o Mineral Rights
o Notice of Mineral Estate
o Deeds of Distribution
These searches identified two additional documents which referenced mineral rights related
to the subject property which are as follows:
4. A real estate Warranty Deed recorded July 19, 1973, in Book 447 at Page 311 as
Reception No. 259231 (see attached) dated July 19, 1973 from Harold H. Quimby and
Waneta Quimby to Howard U. Motz, which contains the following language:
o FURTHER EXCEPTING any and all oil, gas and other minerals reserved in United
States Patents and in previous conveyances.
5. A Mineral Deed recorded April 2, 2010, under Reception No. 784207 (see attached)
dated April 2, 2010 from Don Lawson Lynch and Christine G. Lynch to Don L. Lynch
and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G.
Lynch Joint Living Trust dated November 30, 2007 as amended, which deed contains
the following language:
o … Grantors, for good and valuable consideration, in hand paid, hereby sell and
convey … to, … Grantees, in the following proportions mineral interests in the
County of Garfield and State of Colorado, to wit: All of the Grantors’ right, title
and interest in and to the oil, gas and mineral rights in, on and under and that
may be produced from those real properties described as: ….
It is clear to us that the language contained in document 4 above (RN 259231) does not
convey any mineral rights ownership to Howard Motz. However, it is our opinion that the
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Mineral Rights Ownership Research
July 25, 2022
Page 3 of 4
language contained in documents 2 and 3 above is somewhat unclear and may or may not
have actually conveyed the ownership of any mineral rights to the grantees of those deeds.
Specifically, a reasonable interpretation of the language in these documents is as follows:
Assuming that at the time of the execution of the first document (RN 207275) the Arbaneys
owned 100% of all mineral rights associated with the subject property, then following the
conveyance of the real estate from the Arbaneys to the Bachmans, and the reservation of 50%
of the mineral rights by the Arbaneys, then the Arbaneys would own 50% of all mineral rights
and the Bachmans would own 50% of all mineral rights. Then, following the conveyance of the
real estate from the Bachmans to the Lynches in document 2 above (RN 214544) in which the
Bachmans reserve ownership of 50% of the mineral rights, then the Arbaneys would continue
to own 50% of the mineral rights and the Bachmans would continue to own the other 50% of
the mineral rights, and no mineral rights would have been conveyed to the Lynches. Similarly,
in document 3 above (RN 233134) no conveyance of mineral rights would have been granted
to the Quimbys.
We understand that this language could be subject to other interpretations and therefore, in
an effort to be inclusive in our identification of possible mineral owners, we have identified
the following individuals or entities all as possible mineral rights owners:
Emery E. Arbaney and Beulah M. Arbaney,
Floyd E. Bachman and Helen A. Bachman,
Don Lawson Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch
and Christine G. Lynch Joint Living Trust dated November 30, 2007 as amended, and
Harold H. Quimby and Waneta Quimby
Following this document search we attempted to find current addresses for any of the
individuals or entities identified.
We were able to find an address for Don Lawson Lynch and Christine G. Lynch, or successors,
Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust dated November 30,
2007 as amended, which is as follows:
4902 Red Bay Drive
Orlando, FL 32829
We were unable to find current addresses for any of the individuals which were identified, but
we were able to determine that all of these individuals are now deceased. Based on additional
records we’ve researched, following are the reported dates of death for each individual listed
above:
Emery E. Arbaney, died 1973
Beulah M Arbaney (Letey), died 2003
Floyd E. Bachman, died 2004
Helen A. Bachman, died 2010
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Mineral Rights Ownership Research
July 25, 2022
Page 4 of 4
Don Lawson Lynch , died 2010
Christine G. Lynch, died 2020
Harold H. Quimby, died 2011
Waneta Quimby, died 2006
It should be noted that a previous land use application on this property had identified Elmer
Arbaney as a mineral rights owner for the property. Elmer ‘Buckey’ Arbaney was the son of
Emery and Beulah Arbaney and coincidentally a former Garfield County Commissioner.
Regardless, as noted above, based on our records search we were unable to find any
document corroborating the conveyance of mineral rights to Elmer Arbaney and therefore did
not include him on the list of possible mineral rights owners. Furthermore, we were able to
located records which indicate that Elmer ‘Buckey’ Arbaney passed away in 2006.
Consequently, since we were unable to locate any documents which conveyed the mineral
rights ownership that any of the listed individuals may have held at the times of their death,
and we were unable to locate any documents which identify their heirs, successors or assigns,
we were therefore unable to provide an address for any of the individuals identified.
We submit that we have conducted a complete and exhaustive search of available records
which could identify the owners and addresses of mineral rights related to the subject
property and have identified such owners and addresses, as available, on the CERTIFICATION
OF MINERAL OWNER RESEARCH, which has been signed by the applicant.
If you have any questions or need additional information, please contact us.
Sincerely,
Gamba & Associates, Inc.
__________________________________
Michael Gamba, P.E. & P.L.S. 28036
H:\03385\2020\Mineral Ownership\Mineral Rights Ownership Research - 20220725.doc
A Mountain Law Firm
Aspen Buena Vista Basalt Glenwood Springs
PO Box 878, Glenwood Springs, CO 81602
P 970.922.2122 F 970.315.4107
Chad J. Lee, Esq.
P.O. Box 878
Glenwood Springs, CO 81602
D: 970.893.8242
February 27, 2023
Philip Berry, Principal Planner
Garfield County Community Development Department 108 8th Street, #401
Glenwood Springs, CO 81601
Re: Oak Meadows Ranch, Filing 4, Phase 3 – Final Plat Application
Dear Philip:
We have reviewed the title commitment for the subject property included in the application
materials (Commitment Number 2020-03-67) and can confirm here are no lienholders disclosed on
Schedule B-1 thereof. Consequently, there are no lienholders who must sign the Final Plat.
JOHNSTON | VAN ARSDALE | MARTIN, PLLC
__________________________
Chad J. Lee, Esq.
Oak Meadows Ranch P.U.D. – Filing 4B – Phase III, Garfield County, Colorado
Response to NTC Letter of February 23, 2023
Page 1 of 2
March 9, 2023
Philip Berry, Principal Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Oak Meadows Ranch, Filing 4, Phase 3 – Final Plat Application
Dear Philip:
On behalf of Gary Johnson, following are our responses to the NTC letter which
we received from you dated February 23, 2023. The NTC items are restated
below in italics, with our responses to each item provided in below in blue:
The following revisions/additional materials are requested:
1. The Statement of Authority needs to be recorded with the Garfield County
Clerk and Recorder’s Office. RESPONSE: The Statement of Authority has
been recorded with the Garfield County Clerk and Recorder’s Office, a
copy of which is included in Section 1 of this updated application.
2. The County Attorney’s Office has requested a signed confirmation that
there are no lienholders who should sign the Final Plat. RESPONSE: A
letter from Chad Lee, Esq. is included in Section 1 of this updated
application with confirms that there are no lienholders who should sign
the Final Plat.
3. The SIA needs to be updated, including resolution information and having
comments removed. A revegetation security is required. RESPONSE: An
updated SIA is included with this submittal which includes resolution
information and a requirement of security for revegetation, and all
comments have been removed.
4. The following additions to the Affordable Housing Plan are required:
a. Provide a signed agreement with Habitat for Humanity Roaring
Fork Valley (HFHRFV) demonstrating the creation of 3 Affordable
Units. Information related to the unit’s locations, types, square
footage, pricing, and draft deed restrictions shall be provided.
RESPONSE: Please refer to the following letter dated March 9,
2023 from Chad Lee, Esq. for the response to this item.
b. Total payment to Habitat must be timed in order to facilitate
development of affordable units within the appropriate area.
RESPONSE: The final Affordable Housing Plan will include this
provision in a form acceptable to the Garfield County
Commissioners prior to recordation of the Final Plat.
Oak Meadows Ranch P.U.D. – Filing 4B – Phase III, Garfield County, Colorado
Response to NTC Letter of February 23, 2023
March 9, 2023
Page 2 of 2
c. Provide detailed cost estimates showing the offsite verses onsite costs of affordable
housing unit development. RESPONSE: Please refer to the following letter dated
March 9, 2023 from Chad Lee, Esq. for the response to this item.
d. Updated with recorded resolution information. RESPONSE: The final Affordable
Housing Plan will include this information in a form acceptable to the Garfield
County Commissioners prior to recordation of the Final Plat.
5. A response to the Conditions of Approval from the Preliminary Plan needs to be provided.
RESPONSE: Responses to the Conditions of Approval from the Preliminary Plan are
provided in Section 1 of this updated application.
If you have any questions or need additional information, please contact us.
Sincerely,
Gamba & Associates, Inc.
__________________________________
Michael Gamba, P.E. & P.L.S. 28036
H:\03385\2020\Permitting\Final Plat\REPORTS\Gamba Response to 20230223 NTC Letter - 20230309.doc
A Mountain Law Firm
Aspen Buena Vista Basalt Glenwood Springs
PO Box 878, Glenwood Springs, CO 81602
P 970.922.2122 F 970.315.4107
Chad J. Lee, Esq.
P.O. Box 878
Glenwood Springs, CO 81602
D: 970.893.8242
March 9, 2023
Philip Berry, ACIP
Planner III
Garfield County – Community Development
Pberry@garfield-county.com
Re: Oak Meadows Ranch PUD – Filing 4 – Phrase 3 Final Plat
Dear Philip:
As you know we’re part of the team on the Oak Meadows ranch PUD, Filing 4 Phase 3
Final Plat application. We have reviewed the NTC letter dated February 23, 2023. Below are
responses to the additional materials requested in 4(a) and 4(c) of your letter. Please call if you
would like to discuss anything.
Response to 4(a): Condition of Approval 18 required the submission of an Affordable
Housing Plan for consideration by Community Development, Garfield County Attorney’s Office,
and the Housing Authority at the time of final plat. It does not require a signed agreement with
Habitat as a completeness item, and indeed until we receive comments from all 3 of these County
department we won’t know if the plan or subsequent agreement is acceptable. The Application
contained an Affordable Housing Plan. Applicant is actively working with Habitat for Humanity
and the City of Glenwood Springs on a formal agreement memorializing the submitted plan.
Therefore, the plan is all that is necessary for a complete application. The final signed agreement
will either be completed prior to the BOCC hearing, or will be a condition of approval prior to
recordation of the plat.
Response to 4(c): This requirement was discussed and eliminated during the BOCC
meeting on September 6, 2022. The BOCC and Applicant discussed that this demonstration
A Mountain Law Firm
PO Box 878, Glenwood Springs, CO 81602
P. 970.922.2122 F. 970.315.4107
2
should not be required because the Applicant provided the specifics required by all County rules
and regulations, and there would be no benefit for the Applicant to provide such a cost
analysis. See Board of County Commissioners – Regular Meeting (9/6/2022) at 2:07:50; 2:18:57–
2:21:09 & 2:23:00–2:24:00. The Commissioners unanimously approved the application,
specifically eliminating this requirement referred to in the meeting as requirement “18(c),” which
is the same requirement now listed within your revisions/additional materials as 4(c). See Id. at
2:42:45 (motion for requirement’s removal) & 2:55:00 (unanimous acceptance of approval and
elimination of said requirement). Therefore, this analysis is neither required nor relevant to this
application.
Sincerely,
JOHNSTON | VAN ARSDALE | MARTIN, PLLC
__________________________
Chad J. Lee, Esq.
GARCO RESOLUTION 2022‐34
CONDITIONS OF APPROVAL
1. That all representations made by the Applicant in the application and as testimony
in the public hearings before the Planning & Zoning Commission and Board of
County Commissioners shall be conditions of approval, unless specifically altered by
the Board of County Commissioners.
RESPONSE: The applicant understands and accepts this condition.
2. The Preliminary Plan for Oak Meadows, Filing 4, Phase III shall be valid for a period
not to exceed one year from approval.
RESPONSE: The applicant understands and accepts this condition.
3. The applicant shall submit a PUD document delineating zoning restrictions,
consistent with the developed phases of Oak Meadows, with the application for final
plat of the Filing IV, Phase III area. In lieu of a PUD document, the applicant may
provide this information in the final plat notes.
RESPONSE: Zoning restrictions for Filing 4, Phase III are stated on the Final Plat and
in the Covenants included in the Supplemental Declaration.
4. The Applicant shall delineate and legally describe all easements on the final plat,
including but not limited to any easements of record and utility, drainage, water
system, storm-water and open space easements, if any, required as a part of this
development. These easements shall be conveyed to the HOA if they are not to be
conveyed or dedicated to private, public or quasi governmental entities. Conveyance
deeds shall be in a form acceptable to the County Attorney's Office, and such deeds
shall be recorded at the time of recording of the final plat. Internal road rights of
way shall be dedicated by the owner and accepted by the BOCC for public use on the
face of the plat. The BOCC's acceptance is without construction or maintenance
responsibility. The HOA shall remain responsible for maintenance of public roads.
RESPONSE: All existing and proposed easements have been described on the Final
Plat. Proposed easements are to be conveyed via the Certificate of Dedication and
Ownership as stated on the Final Plat.
5. Plat notes regarding geologic constraints shall be placed on the plat in conformance
with those recommended by Colorado Geologic Survey as follow:
a. Lot-specific subsurface foundation investigations and geotechnical testing
should be conducted and submitted with all building permit applications.
This investigation shall include proper foundation and utility drainage
around the structure.
b. Lot-specific geotechnical investigations, including slope stability analysis
should be conducted for the development of individual lots.
c. Establish and erosion control plan using Best Management Practices prior to
any site development.
RESPONSE: See Final Plat Notes 14 – 16
6. Per the comments from Garfield County Vegetation:
a. The applicant shall submit a noxious weed inventory, map and weed
management plan for all Garfield County listed noxious weeds. This
information shall include a commitment to timely treatment and shall be
submitted with the Final Plat application.
RESPONSE: Given that a Noxious Weed Inventory cannot practically be
completed at this time during the winter months due to snow cover, we
respectfully request a condition of approval for the Final Plat which requires
that the Noxious Weed Inventory and the Weed Management Plan shall be
completed prior to the issuance of the first building permit.
b. The applicant shall submit a revegetation plan that quantifies the area in
acres, to be disturbed, and subsequently reseeded on road cut and utility
disturbances, and includes a plant materials list. This information shall be
reviewed and found acceptable by the Vegetation Department. This plan and
the associated costs shall be included in the Subdivision Improvements
Agreement.
RESPONSE: The REVEGETATION PLAN (Sheet L1 of the Engineering Plans)
and the FINAL CONSTRUCTION MANAGEMENT PLAN included with the Final
Plat submittal addresses this condition.
c. A soil management plan shall be submitted at Final Plat that includes a
provision for salvaging on-site topsoil, a timetable for topsoil and aggregate
removal, and provision for soil and disturbance cover if exposed for greater
than 90 days.
RESPONSE: The FINAL CONSTRUCTION MANAGEMENT PLAN included with
the Final Plat submittal includes specifications and provisions for removing,
storing, protecting, spreading and disposing of Topsoil which addresses this
condition.
7. The covenants for this phase of the development shall include wildlife mitigation as
recommended by the Colorado Division of Wildlife as follows:
a. Pets shall not be allowed to roam unattended on the property.
b. Owners shall be subject to legal action if their pets chase wildlife.
c. Construction workers shall not be permitted to have dogs on-site.
d. Pets shall be fed indoors and no pet food or pet containers shall be left
outdoors.
e. No interior fencing of lots shall be permitted except for agricultural purposes.
Agricultural fencing shall comply with CDOW standards. In order to remain
consistent with the CDOW intent on minimizing or eliminating fencing,
interior lot fencing shall only be allowed for domestic pet control and shall be
located entirely within setbacks, and be constructed using materials and
design according to CDOW standards.
f. f. Bird feeders shall be permitted but must be hung a minimum of ten feet
(10') from the ground and shall have a seed catchment.
g. Each lot owner shall be required to have, and use, a bear-resistant or bear-
proof trash can for storing garbage outside.
h. BBQ's and/or grills shall be securely housed inside of a garage or other
structure when not in use. The BBQ and/or grill shall be cleaned of leftover
food and grease to avoid attracting bears to the area.
i. During construction of a residence all food-related trash must be placed in a
bear-resistant or bear-proof trash can.
j. No plant material bearing berries, fruit or nuts may be permitted.
k. Owners are responsible for removal of dead wildlife from their property.
RESPONSE: The Supplemental Declarations for Oak Meadows Ranch, Filing 4B,
Phase III included with this application incorporates these recommendations
from the Colorado Division of Wildlife.
8. At final plat the applicant shall submit information compliant with the
recommendations of the Glenwood Springs Fire Protection District. This
information includes:
a. Provisions in the covenants regarding on-street parking being limited to one
side of the road or prohibited. If on-street parking is allowed, provision must
be made regarding enforcement.
RESPONSE: The Supplemental Declarations for Oak Meadows Ranch, Filing
4B, Phase III included with this application includes covenants which restrict
parking to one side of the road.
b. Final hydrant location and number to be verified with Glenwood Springs
Rural Fire Protection District.
RESPONSE: The proposed number and spacing of fire hydrants meets or
exceeds the requirements as stated in the International Fire Code. We
assume that the Glenwood Springs Rural Fire Protection District will be a
reviewing agency for this application. Following their review of the number
and spacing of fire hydrants within the proposed development, if in their
opinion the number or location of the fire hydrants should be revised, then
the plans will be revised to reflect their comments prior to construction.
9. The final plat application shall include information compliant with Garfield County
Road and Bridge recommendations which include:
a. Access from CR 168A shall subject to permitting by Garfield County Road and
Bridge Department.
RESPONSE: Prior to commencement of construction an access permit for the
intersection with CR 168A will be obtained.
b. At the time of Final Plat, the applicant shall demonstrate that grading is
designed to maintain appropriate Clear Vision Area per LUDC and allow for
sun exposure in the intersection during winter months.
RESPONSE: A road intersection sight line plan and profiles have been
prepared and are included in Section 8 of the Final Plat submittal. These
exhibits demonstrate that the proposed grading adjacent to the intersection
meets or exceeds acceptable engineering standards regarding road
intersection sight line geometry. In regard to sun exposure in the
intersection, there are no tall structures or vegetation near the intersection
which would significantly limit the solar exposure to the paved surface of the
intersection.
c. A stop sign shall be installed at the entrance to CR 168A.
RESPONSE: The Road Plan (Sheet R1) of the Civil Engineering Plans has been
updated to reflect the installation of a stop sign at the intersection with CR
168A.
d. All vehicles must comply with the oversize/overweight system on County
Roads.
RESPONSE: The FINAL CONSTRUCTION MANAGEMENT PLAN included with
the Final Plat submittal includes provisions which address the weight and
dimension of construction vehicles, specifically stating as follows: “All
construction related vehicles accessing the site shall be limited to the
maximum weight and dimensions of vehicles allowed on Four Mile Road in
accordance with all applicable Garfield County standards and regulations.”
10. Traffic Impact Fees shall be calculated and paid to the County at Building Permit in
accordance with the LUDC.
RESPONSE: The applicant understands and accepts this condition.
11. The applicant shall include the following plat notes on the Final Plat:
a. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural
character and a healthy ranching sector. All must be prepared to encounter
noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides, and pesticides, any one or more of which may
naturally occur as a part of a legal and non-negligent agricultural operations.
b. No open hearth solid-fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-
401, et. sew., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number
of natural gas burning stoves and appliances.
c. All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of using
and maintaining property. Residents and landowners are encouraged to
learn about these rights and responsibilities and act as good neighbors and
citizens of the County. A good introductory source for such information is ''A
Guide to Rural Living & Small Scale Agriculture" put out by the Colorado
State University Extension Office in Garfield County.
d. All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward and downward towards the interior of the
subdivision, except that provisions may be made to allow for safety lighting
that goes beyond the property boundaries.
e. Two (2) dogs will be allowed for each residential unit and the dogs shall be
required to be confined within the owner's property boundaries.
f. The mineral rights associated with this property have been partially or
wholly severed and are not fully intact or transferred with the surface estate
therefore allowing the potential for natural resource extraction on the
property by the mineral estate owner(s) or lessee(s).
g. The applicant shall include a plat note referencing the inclusion of Oak
Meadows, Filing 4, Phase III in the Homeowner's Association for Oak
Meadows Filing 4. This note will include reference to recorded documents
associated with the Homeowner's Association including, but not limited to,
conditions and/or covenants and restrictions.
h. If necessary, the applicant shall form a sub-association for the Oak Meadows,
Filing 4, Phase III filing which provides, at minimum, for the maintenance of
the roads within Phase III. A plat note shall be included on the final plat
referencing this sub-association with the reception number for documents
providing road maintenance and any other restrictions, conditions or
covenants unique to this filing.
i. The applicant shall provide a plat note which states that the property is
served for fire-flow, domestic water, irrigation, and sanitation from Oak
Meadows Service Company (OMSCO), a non-profit corporation.
j. That the lot coverage for this phase shall be consistent with the lot coverage
applied previously to Filing 4B, Phase II. Otherwise the dimensional
standards and uses for this filing shall be that of the Rural Zone District of the
Zoning Resolution of 2013, as amended with the slight modifications shown
below for setbacks and lot sizes:
i. Maximum Lot Coverage: As applied previously lo Filing 4B, Phase II
ii. Setbacks
1. Front: 10 feet
2. Side: 10 feet
3. Rear: 10 feet
iii. Height: 25 feet
iv. Minimum Lot Area: As depicted on the Final Plat
v. Additional Requirements: Section 3-201 of the Land Use and
Development Code of 2013, as amended.
RESPONSE: See Final Plat Notes 20 – 28
12. At the time of Final Plat, the applicant shall represent that ADU's will not be used to
meet affordable housing requirements.
RESPONSE: See Final Plat Note 29
13. At the time of Final Plat, the applicant shall modify the proposed plat note related to
side yard utility easements to include drainage easements.
RESPONSE: See Final Plat Note 19
14. At the time of Final Plat, the applicant shall update engineering plans in response to
the County's Consulting engineer's comments dated August 22, 2022.
RESPONSE: Responses to the County’s consulting engineer’s comments have been
provided in Section 8 of the Final Plat application. All relevant issues have been
addressed in the engineering plans.
15. At the time of Final Plat, the applicant shall provide street names acceptable to
Garfield County Addressing (Building Department) as well as the Fire District.
RESPONSE: The question of the acceptability of the proposed street name (Silver
King Loop) has been directed to both the County Building Department, as well as the
Fire District. We did receive a response from the County Building Department
indicating that we should change the name, even though the proposed road is a
direct extension of an existing road named Silver King Court. Regardless, alternate
street names were presented to the County Building Department and the name Lynx
Lane was determined to be acceptable. Therefore, all engineering plans and reports
have been updated to reflect the street name of Lynx Lane. Throughout this process,
and despite several attempts, we were unsuccessful in receiving any response from
the Fire District. We assume that the Glenwood Springs Rural Fire Protection
District will be a reviewing agency for this application. Following their review of the
application if they do not deem the street name to be acceptable, then it will be
revised prior to the recordation of the Final Plat.
16. At the time of final plat, the applicant shall respond to the comments from OMSCO
dated August 22, 2022.
RESPONSE: The applicant agrees to adhere to all bylaws, and rules and regulations
of Oak Meadows Service Company (OMSCO) as currently adopted by the OMSCO
Board of Directors, including but not limited to the following: Water and sewer
connection procedures; Timely requests for all required inspections; Provision of
accurate and timely as-built drawings of water and sewer infrastructure; Adherence
to rules pertaining to connection to existing OMSCO water and sewer systems;
Installation of the correct make and model of meters as specified by OMSCO;
Installation of backflow preventers and PRVs; and the repair of any existing
infrastructure, to operational condition, that is disturbed by any construction
related to the new development. This statement addresses all comments from
OMSCO dated August 22, 2022.
17. At the time of Final Plat, the Subdivision Improvement Agreement (SIA) will meet
the following.
a. The SIA will state that the Final Plat will not be executed and recorded until
the improvements are install and inspected and the SIA has been released.
RESPONSE: Included with this Final Plat Application is a draft Subdivision
Improvements Agreement based on Garfield County’s template, which
addresses inspection of public improvements and release of security.
b. At the time of final plat, a letter of credit for reclamation and revegetation
shall be provided for the event in which the project does not proceed to Final
Plat.
RESPONSE: Included with this Final Plat Application is a draft Subdivision
Improvements Agreement based on Garfield County’s template, which
addresses revegetation security.
c. At the time of Final Plat, the SIA shall include the requirement for inclusion of
this subdivision into the Homeowners Association for Oak Meadows Filing 4.
RESPONSE: This filing is already part of the Oak Meadows Homeowners
Association.
18. At the time of final plat, a finalized Affordable Housing Plan will be submitted that
meets the following requirements
a. Acceptable to Garfield County Community Development, Attorney's Office,
and Housing Authority.
b. Generates 3 additional units to be constructed by Garfield County Habitat for
Humanity per the Garfield County Affordable Housing Code.
RESPONSE: The applicant is continuing to work with Habitat for Humanity, the
Garfield County Housing Authority, and the Garfield County Attorney’s Office to
finalize the language for the Affordable Housing Plan. The Affordable Housing Plan
shall be in a form found acceptable by the Board of County Commissioners prior to
the recordation of the Final Plat.
Section 2
Cover Letter and Project
Description
Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado
Project Description- January 3, 2023
Page 1 of 1
January 3, 2023
Philip Berry, Principal Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Oak Meadows Ranch, Filing 4, Phase 3 – Final Plat Application
Dear Philip:
On behalf of Gary Johnson, Gamba & Associates, Inc. (Gamba) hereby submits
this application for Final Plat of the proposed development of Oak Meadows
Ranch, Filing 4, Phase 3.
The Final plat Application includes the development of 25 single family
residential lots, with a median lot size is 10,632 sq. ft. The development also
includes the construction general development related infrastructure such as
a road, domestic water, sanitary sewer, storm drainage, and shallow utilities
(gas, electric, tele-communications). The County’s affordable housing
requirements are addressed. This is the final planned phase of development
within the Oak Meadows Ranch Subdivision. Construction is anticipated to
begin in 2023.
If you have any questions or need additional information, please contact us.
Sincerely,
Gamba & Associates, Inc.
__________________________________
Michael Gamba, P.E. & P.L.S. 28036
H:\03385\2020\Permitting\Final Plat.doc
Section 3
Improvements Agreement
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) is made and entered into this
___ day of _________________, 2023 by and between OAK MEADOWS, FILING 4, PHASE 3 LLC
(Owner) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO,
acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through
its authorized representatives and agents (BOCC).
RECITALS
Owner is the owner and developer of the Filing 4B, Phase III Property (the “Subdivision”), which
property is depicted on the Final Plat of Filing 4B, Phase III Property recorded on ________________,
2023 as Reception No. ____________________ (Final Plat or Final Plat of the Subdivision).
WHEREAS, on July 19, 1976, the BOCC, by Resolution No. 76-47 and Resolution No. 76-48
approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows
Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26,
1977 in Cabinet No. 1, Page 388, as Reception No. 276561, Garfield County, Colorado (the “Oak
Meadows Filing No. 4 Plat”); and
WHEREAS, Owner is the current owner of certain lands (the “Property”) comprising a portion of
Area I, Oak Meadows Ranch Filing No. 4B, Phase No. III, as such Area I is depicted and described on the
Oak Meadows Filing No. 4 Plat;
WHEREAS, the Property is an approximately 44.67 acre parcel of land located in Garfield,
County, Colorado, and legally described on Exhibit A attached hereto and made a part hereof;
WHEREAS, on July 21, 2008, the BOCC, by Resolution No. 2008-95 and recorded as Reception
No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property as “A Resolution
Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as ‘Oak
Meadows Ranch PUD, Filing 4, Phase III’ and Property owned by Oak Meadows III, LLC, Garfield
County” (“Preliminary Plan Approval”) which Preliminary Plan Approval, among other things, would re-
subdivide the Property into 25 residential lots, a 32.611 acre common area parcel, and 2.616 acres of
quasi-public area;
WHEREAS, extensions approved by the BOCC for the recording of a final plat providing for
such matters were granted on:
(1) August 3, 2009 as BOCC Resolution No. 2009-59, recorded as Reception No. 77310, Garfield
County, Colorado;
(2) June 14, 2010 as BOCC Resolution No. 2010-47, recorded as Reception No. 787581, Garfield
County, Colorado;
(3) June 20, 2011 as BOCC Resolution No. 2011-38, recorded as Reception No. 804937;
(4) July 1, 2013 as BOCC Resolution No. 2013-39, recorded as Reception No. 837610;
(5) July 20, 2015 as BOCC Resolution No. 2015-36, recorded as Reception No. 865682;
(6) July 10, 2017 as BOCC Resolution No. 2017-35, recorded as Reception No. 895833;
(7) July 22, 2019 as BOCC Resolution No. 2019-42, recorded as Reception No. 804937; and
(8) ____________, 2023 as BOCC Resolution No. __________________, recorded as Reception
No. ________________; and
WHEREAS, on October 3, 2022, the BOCC, by Resolution No. 2022-34 and recorded as
Reception No. 979968, Garfield County, Colorado, approved an amendment to the Preliminary Plan
Approval for the Property which included a revised preliminary plan for the Property providing for a
reconfiguration of the Property’s planned 25 residential lots;
WHEREAS, in connection with the Preliminary Plan Approval, as amended, Owner now desires
to record the Final Plat of Oak Meadows Ranch, Filing No. 4, Phase III (“Final Plat”); and
WHEREAS, as a condition of approval of the Final Plat submitted by Owner to the BOCC for
approval as required by the laws of the State of Colorado, Owner wishes to enter into this Agreement with
the BOCC; and
WHEREAS, on October 4, 2022, the BOCC, by Resolution No. 2022-34, recorded at Reception
Number 979968 of the real estate records of Garfield County, Colorado and incorporated by this
reference, approved a preliminary plan for the Subdivision which, among other things, would create
twenty-five (25) single-family residential lots and three (3) open space/common area parcels (Preliminary
Plan Approval).
WHEREAS, on ________, the BOCC, by Resolution No. _________ and recorded as Reception
No. ___________, Garfield County, Colorado, approved the Final Plat of Oak Meadows Ranch, Filing
No. 4, Phase III, which was recorded as Reception No. _______________ on ________________, 2023
(“Final Plat”); and
WHEREAS, as a condition precedent to the approval of the Final Plat submitted to the BOCC as
required by the laws of the State of Colorado and by the Garfield County Land Use and Development
Code, as amended (LUDC), Owner wishes to enter into this SIA with the BOCC.
WHEREAS, Owner has agreed to execute and deliver a letter of credit or other security in a form
satisfactory to the BOCC to secure and guarantee Owner’s performance under this Agreement and has
agreed to certain restrictions and conditions regarding the sale of properties and issuance of building
permits and certificates of occupancy within the subdivision, all as more fully set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, the BOCC and Owner (Parties) agree as follows:
AGREEMENT
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the
Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the
Preliminary Plan Approval, and the requirements of the LUDC and any other governmental or
quasi-governmental regulations applicable to the Subdivision (Final Plat Approval). Recording
of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance
with this SIA and at the time prescribed herein.
2. OWNERS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS.
a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and
installed the subdivision improvements, identified in the Exhibits defined in
subparagraph 2.a.i., below (Subdivision Improvements) at Owner’s expense, including
payment of fees required by Garfield County and/or other governmental and quasi-
governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision
Improvements shall be completed on or before the end of the first full year following
execution of this SIA (“Completion Date”), in substantial compliance with the following:
i. Plans marked Approved for Construction for all Subdivision
Improvements prepared by Gamba & Associates, Inc. and submitted to
the BOCC on January 10, 2023, such plans being summarized in the list
of drawings attached to and made a part of this SIA by reference as
Exhibit A; the estimate of cost of completion, certified by and bearing
the stamp of Owner’s professional engineer licensed in the State of
Colorado (Owner’s Engineer), attached to and made a part of this SIA by
reference as Exhibit B, which estimate includes an additional 10%
percent of the total for contingencies; and all other documentation
required to be submitted along with the Final Plat under pertinent
sections of the LUDC (Final Plat Documents).
ii. All requirements of the Preliminary Plan Approval.
iii. All laws, regulations, orders, resolutions and requirements of Garfield
County and all special districts and any other governmental entity or
quasi-governmental authorities with jurisdiction.
iv. The provisions of this SIA.
b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all
Subdivision Improvements are constructed and installed in accordance with this
paragraph 2; the record drawings have been submitted upon completion of the
Subdivision Improvements, as detailed in paragraph 3(c), below; and all other
requirements of this SIA have been met, then the Owner shall be deemed to have satisfied
all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and
the LUDDC, with respect to the installation of Subdivision Improvements.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE-VEGETATION).
1. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for
Owner’s obligation to complete the Subdivision Improvements Owner shall deliver to the
BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of
Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in
this SIA by reference as Exhibit C (“LOC”) or in a form consistent with the Uniform
Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall
be in the amount of $1,235,286.34, representing the full estimated cost of completing the
Subdivision Improvements and revegetation together with a 10% contingency to cover
cost changes, unforeseen costs and other variables, as set forth and certified by Owner’s
Engineer on Exhibit B, to guarantee completion of the Subdivision Improvements. The
LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the
Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole
option, may permit the Owner to substitute collateral other than a Letter of Credit, in a
form acceptable to the BOCC, for the purpose of securing the completion of the
Subdivision Improvements subject of this Paragraph 3.a.
2. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by
a state or national banking institution acceptable to the BOCC. If the institution issuing
the LOC is not licensed in the State of Colorado and transacting business within the State
of Colorado, the LOC shall be confirmed within the meaning of the Uniform Commercial
Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to
do business in the State of Colorado, doing business in Colorado, and acceptable to the
BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at
an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the
Subdivision shall not be recorded until the security, described in this paragraph 3 and the
security for revegetation described in paragraph 4, below has been received and approved
by the BOCC.
3. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a.,
above, is extended by a written amendment to this SIA, the time period for the validity of
the LOC shall be similarly extended by the Owner. For each six (6) month extension, at
the sole option of the BOCC, the face amount of the LOC shall be subject to re-
certification by Owner’s Engineer of the cost of completion and review by the BOCC.
4. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any
reason, including bankruptcy of the Owner or the financial institution issuing or
confirming the LOC, prior to the BOCC’s approval of Owner’s Engineer’s certification
of completion of the Subdivision Improvements, this SIA shall become void and of no
force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA.
5. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do
so by means of submission to the Building and Planning Department of a “Written
Request for Partial Release of LOC”, in the form attached to and incorporated by this
reference as Exhibit D, accompanied by the Owner’s Engineer’s stamped certificate of
partial completion of improvements. The Owner’s Engineer’s seal shall certify that the
Subdivision Improvements have been constructed in accordance with the requirements of
this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner
may also request release for a portion of the security upon proof that 1) Owner has a valid
contract with a public utility company regulated by the Colorado Public Utilities
Commission obligating such company to install certain utility lines; and 2) Owner has
paid to the utility company the cost of installation as required by the contract. The
BOCC shall authorize successive releases of portions of the face amount of the LOC as
portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as
complete to the BOCC by the Owner’s Engineer and said certification is approved by the
BOCC.
6. BOCC’s Investigation. Notwithstanding the foregoing, upon submission of the Owner’s
Written Request for Partial Release of LOC, along with Owner’s Engineer’s certificate of
partial completion of improvements, the BOCC may review the certification and may
inspect and review the Subdivision Improvements certified as complete to determine
whether or not they have been constructed in compliance with relevant specifications, as
follows:
a. If no letter of potential deficiency is furnished to Owner by the BOCC
within fifteen (15) business days of submission of Owner’s Written
Request for Partial Release of LOC, accompanied by Owner’s
Engineer’s certificate of partial completion of improvements, all
Subdivision Improvements certified as complete shall be deemed
approved by the BOCC, and the BOCC shall authorize release of the
appropriate amount of security.
b. If the BOCC chooses to inspect and determines that all or a portion of the
Subdivision Improvements certified as complete are not in compliance
with the relevant specifications, the BOCC shall furnish a letter of
potential deficiency to the Owner, within fifteen (15) business days of
submission of Owner’s Written Request for Partial Release of LOC,
accompanied by Owner’s Engineer’s certificate of partial completion of
improvements.
c. If a letter of potential deficiency is issued identifying a portion of the
certified Subdivision Improvements as potentially deficient, then all
Subdivision Improvements not identified as potentially deficient shall be
deemed approved by the BOCC, and the BOCC shall authorize release of
the amount of security related to the Subdivision Improvements certified
as complete and not identified as potentially deficient.
d. With respect to Subdivision Improvements identified as potentially
deficient in a letter of potential deficiency, the BOCC shall have thirty
(30) days from the date of the letter to complete the initial investigation,
begun under subparagraph 3.f.ii., above, and provide written
confirmation of the deficiency(ies) to the Owner.
e. If the BOCC finds that the Subdivision Improvements are complete, in
compliance with the relevant specifications, then the appropriate amount
of security shall be authorized for release within ten (10) business days
after completion of such investigation.
f. BOCC Completion of Improvements and Other Remedies. If the BOCC
finds, within the thirty (30) day period of time, defined in subparagraph
3.f.iv. above, that the Subdivision Improvements are not complete, or if
the BOCC determines that the Owner will not or cannot construct any or
all of the Subdivision Improvements, whether or not Owner has
submitted a written request for release of LOC, the BOCC may withdraw
and employ from the LOC such funds as may be necessary to construct
the Subdivision Improvements in accordance with the specifications, up
to the face amount or remaining face amount of the LOC. In such event,
the BOCC shall make a written finding regarding Owner’s failure to
comply with this SIA prior to requesting payment from the LOC, in
accordance with the provisions of Article 13 of the LUDC. In lieu of or
in addition to drawing on the LOC, the BOCC may bring an action for
injunctive relief or damages for the Owner’s failure to adhere to the
provisions of this SIA regarding Subdivision Improvements. The BOCC
shall provide the Owner a reasonable time to cure any identified
deficiency(ies) prior to requesting payment from the LOC or filing a civil
action.
7. Final Release of Security. Upon completion of all Subdivision Improvements Owner
shall submit to the BOCC, through the Community Development Department: 1) record
drawings bearing the stamp of Owner’s Engineer certifying that all Subdivision
Improvements have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and
digital format acceptable to the BOCC; 2) copies of instruments conveying real property
and other interests which Owner is obligated to convey to the Homeowner’s Association
of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final
Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with
Owner’s Engineer’s stamp and certificate of final completion of improvements.
a. The BOCC shall authorize a final release of the LOC after the
Subdivision Improvements are certified as final to the BOCC by the
Owner’s Engineer and said final certification is approved by the BOCC.
If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize
release of the final amount of security, within ten (10) business days
following submission of the Owner’s Written Request for Final Release
of LOC accompanied by the other documents required by this paragraph
3.h.
b. Notwithstanding the foregoing, upon Owner’s Written Request for Final
Release of LOC, accompanied by Owner’s Engineer’s certificate of final
completion of improvements, the BOCC may inspect and review the
Subdivision Improvements certified as complete. If the BOCC does so
review and inspect, the process contained in paragraph 3.f., above, shall
be followed.
c. If the BOCC finds that the Subdivision Improvements are complete, in
accordance with the relevant specifications, the BOCC shall authorize
final release of security within ten (10) days after completion of such
investigation.
d. If the BOCC finds that the Subdivision Improvements are not complete,
in accordance with the relevant specifications, the BOCC may complete
remaining Subdivision Improvements, or institute court action in
accordance with the process outlined in paragraph 3.g., above
4. WATER SUPPLY AND WASTEWATER COLLECTION. The Property is subject to the
terms and conditions of the “Oak Meadows Reorganization Agreement” recorded August11, 1995
in Book 950 at Page 56, and at Reception No. 481864 (“Reorganization Agreement”). The
Reorganization Agreement provides for, among other things, the prior installation, operation, use,
and maintenance of a water system and a sanitary sewer system which provide for potable water
and sanitary sewer service to the Property. Owner has installed, or will install, a water distribution
system on the Property for potable water service in accordance with approved plans and
specifications prior to the execution of this Agreement. Owner has provided water storage
facilities, available for fire protection. Owner has installed, or will install, a wastewater/sewer
collection system on the Property 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 are established as
depicted on the Final Plat.
5. PUBLIC ROADS. All roads within Oak Meadows Ranch. Filing No. 4, Phase III shall be
dedicated to the public as rights of way. Pursuant to the “General Declaration for Oak Meadows
Ranch Garfield County, Colorado” recorded January 26, 1977 in Book 492 at Page 894, at
Reception No. 276560, Garfield County, Colorado, as amended by the “Restatement of Section
4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado” recorded
March 21, 2979 in Book 521 at Page 932, and at Reception No. 292809, Garfield County,
Colorado, and the Reorganization Agreement, the Oak Meadows Homeowner’s Association, a
Colorado nonprofit corporation (the “Homeowners Association”) shall be solely responsible for
the maintenance, repair and upkeep of said rights of way, including the traveled surface of the
roadways and portions of the rights of way outside of the traveled surface. The BOCC shall not
be obligated to maintain any road rights of way within Oak Meadows Ranch, Filing No. 4, Phase
III. The dedication of the road rights of way by the Owner and acceptance thereof by the BOCC,
on behalf of the public, shall be shown on the Final Plat.
6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in
the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for
installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner
to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right-
of-Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield
County Clerk and Recorder, as amended. The Homeowner’s Association of the Subdivision shall
be solely responsible for the maintenance, repair and upkeep of said public utility easements,
unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated
for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the
event a utility company, whether publicly or privately owned, requires conveyance of the
easements dedicated on the face of the Final Plat by separate document, Owner shall execute and
record the required conveyance documents.
7. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final
Plat of the Subdivision shall be conveyed by Owner to the Homeowner’s Association at the time
of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder
executed original(s) of the instrument(s) of conveyance for recordation following recording of the
Final Plat and this SIA.
8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC
from all claims which may arise as a result of the Owner’s installation of the Subdivision
Improvements and any other agreement or obligation of Owner, related to development of the
Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC
for claims made asserting that the standards imposed by the BOCC are improper or the cause of
the injury asserted, or from claims which may arise from the negligent acts or omissions of the
BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice
of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending
any such claim or action. Failure to notify and provide such written option to the Owner shall
extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be construed
to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and
case law.
9. ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be
assessed in relation to the square footage and type of dwelling unit or other structure that is
proposed.
10. DEDICATION OF SCHOOL LAND. Owner’s predecessor in interest, Redstone Corporation,
conveyed a tract of land consisting of a portion of Oak Meadows Ranch, Filing No. 4, for the use
and benefit of Roaring Fork School District RE-1 by deed recorded as Reception No. 310295,
Book 561, Pages 987 and 988 in the records of the Clerk and Recorder of Garfield County,
Colorado, which conveyance was in full satisfaction of any school land dedication requirements
with respect to Final Plat Approval.
11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed
prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder.
12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for
breach of this SIA, the BOCC may withhold issuance of building permits for any residence or
other habitable structure to be constructed within the Subdivision. No certificates of occupancy
shall issue for any habitable building or structure, including residences, within the Subdivision
until all Subdivision Improvements have been completed and are operational as required by this
SIA.
13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this
SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots 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 plat, suitable for recording, showing the location by surveyed legal description of any
portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the
BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the
Final Plat, or portions thereof, by resolution.
14. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of
building permits and certificates of occupancy, provided for in paragraph 13, above, the
provisions for release of security, detailed in paragraph 3, above, and the provisions for plat
vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that
the BOCC, without making an election of remedies, and 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 SIA. Nothing in this SIA, however, shall be interpreted to require the
BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw
unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any
other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against
the BOCC.
15. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield
County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels
within the Subdivision. Such recording shall constitute notice to prospective purchasers and other
interested persons as to the terms and provisions of this SIA.
16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding
upon and inure to the benefit of the successors and assigns of the Owner and the BOCC.
17. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of
the Owner and the BOCC, identified below, are authorized as contract administrators and notice
recipients. Notices required or permitted by this SIA shall be in writing and shall be effective
upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in
person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile
transmission, addressed to the authorized representatives of the BOCC and the Owner at the
address or facsimile number set forth below:
Owner: Gary M. Johnson
Oak Meadows Filing 4 Phase 3 LLC
320 Big Pinon Dr.
Basalt, CO 81621
w/copy to
Chad J. Lee, Esq.
JVAM PLLC
PO Box 878
Glenwood Springs, CO 81602
BOCC: Board of County Commissioners of
Garfield County, Colorado
c/o Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
18. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only
in writing signed by the parties hereto, as their interests then appear. Any such amendment,
including, by way of example, extension of the Completion Date, substitution of the form of
security, or approval of a change in the identity of the security provider/issuer, shall be
considered by the BOCC at a scheduled public meeting. If such an amendment includes a change
in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the
Owner to a successor in interest, Owner shall provide a copy of the recorded assignment
document(s) to the BOCC, along with the original security instrument. Notwithstanding the
foregoing, the parties may change the identification of notice recipients and contract
administrators and the contact information provided in paragraph 18, above, in accordance with
the provisions of that paragraph and without formal amendment of this SIA and without
consideration at a BOCC meeting.
19. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed
an original, and all of which, when taken together, shall be deemed one and the same instrument.
20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related
to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be
construed according to the laws of the State of Colorado.
[The remainder of this page has intentionally been left blank. Signature page follows.]
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat
Approval for the Subdivision.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
_________________________ By: ___________________________
Clerk to the Board Chairman
Date: __________________________
OAK MEADOWS, FILING 4, PHASE 3 LLC,
a Colorado limited liability company
By: ______________________________
Gary M. Johnson, Managing Member
Date: ____________________________
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me by Gary M. Johnson, an authorized representative of Oak Meadows,
Filing 4, Phase 3 LLC, Owner of the Subdivision, this ___ day of __________________, 2023.
WITNESS my hand and official seal.
My commission expires: ____________________________
_______________________________
Notary Public
EXHIBIT A
Construction Plans for Public Improvement
Exhibit B
Cost Estimate for Public Improvements
Exhibit C
Form Letter of Credit
Exhibit D
Written Request for Partial Release of Letter of Credit
Exhibit E
Final Written Request for Release of Letter of Credit
Section 4
Final Plan Map