HomeMy WebLinkAbout2.0 BOCC Staff Report 06.18.2001t
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 6/18/01
An exemption from the rules of subdivision.
Robert Boruch
849 I Hwy 6/24, westof parachute, Colorado.A tract of land situated i" S";,* l l,Township 7 Sourh, Range 96 we;;;f the 6dP.M.
162 +/- Acres
Town of parachute taps
ISDS
Easement to Hwy. 6 & 24
AIRiRD and p.U.D.
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REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
A.
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According to the GIn-e-]d g^oultv comprehensive plan of 2000, this site lies in ..privately'owned lands with site specific lirnitations" area, and iies-*itrri, the Town of.Farachute,s 2mile sphere of influence' The site liesoutside of pa.u.rrui.,, urban service boundary andannexation boundary There is no sugglseJ;;#'*'l:
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andde-annexed This property was previously annexedfrorn the Town of Parachute.The applicant proposes to create tluee(3) lots about g,8, and 146 acres in size The smaller lots are surrounded by theremainder parcel The property was previously divided into four 35+ asls Iots butnever conveyed.One exemption lot was created in 1983 when l.g acres wasquitclaimed to the Town of Parachute for a water tank site.Two houses exist on theproperty:one stick built and one modular. Thedrivewayfrom Hwy 6/24, for which an access
property rs served by an existing
easement exsts. Parachute parkP.U.D. borders the property to the east. BLM land the properfy to the west.borders
at the base of the Roan CliffsThe site is located
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and the topography varies widely
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acros$ the site from somewhat level to steep, Several large intermittent washes
traverse the property. The predominant vegetation is pinyon, juniper, and sagebrush.
Afl 8" natural gas pipeline crosses the western portion of the property. An adjacent
natural gas well exists near the northwest corner of the subject property.
Applicability: Section 8:10 allows the Board of County Commissioners the
disiretionary power to exempt a division of land from the definition of subdivision
and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare.
REFERRALS
The application was referred to the following review agencies for comments:
A. Grand Valley Fire Protection District: See letter, page 1!l-9. Lists minimum
requirements for the proposal. A storage tank at least 2,500 gallons in size must be
provided for residences 3,500 square feet or less, with sprinkler systems optional.
Residences larger than 3,500 sq. ft. must provide both adequate storage and a sprinkler
system. Access/egress and defensible space should meet the CSFS NIPA 299 standard'
A number of specifications conceming said storage and sprinklers are included as well.
B. Garfiel4 County Road and Bridge Department: .
C. Garfietd Counfy Engineer: See memo, page lLl Recommends ISDS be designed by
a registered professional engineer in the State of Colorado, and recommends said design
be approved by County Staffprior to activation'
D. Town of Parachute: No written response was received.
MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that "No more than a total offour (4) lots, parcels, interests or
dwelling units will be createdfrom any parcel, as that parcel was described in the
records-of the Garfield County Clerk and Recorder's Office on January I , I97 3, and
is not a part of a recorded subdivision: however, any parcel to be divided by
exemption that is split by a public righfof-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural.feature, such parcels
thereby created may, in the discretion of the Board, not be considered to hsve been
created by exemption with regard to thefour (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable; For the purposes of definition, all tracts of land
thirty-five (35) acres or greater in size, created after Janrnry l, 1973, will count as
parcels of land created by exemption since January l, I 97 j."
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The applicant has provided proof of ownership in the form of a recorded quitclaim
deed (book 1232,page770). The parent parcel was about 164 acres in size from
which two parcels now exist: a 162 ac. parcel and the 1 .8 acre Town of Parachute
water tank parcel. The request is to divide the 162 acres into three (3) rural
residential lots approximately 8, 8, and 146 acres in size. Based on the information
provided, the property appears to quatifu for the three (3) lots requested. If the
iequest is approved, no more exemption lots would be permitted under Garfield
County regulations.
C. Comprehensive Plan: The proposal does not appear to be inconsistent with the comp
plan.
D- Zonins.Resulations: Two houses currently occupy the site since it was previously
ffilots.Intheeventtherequestforexemptionisapproved,the
nrevious solits into 35+ acre lots would have do be rescinded The properties must
6l-re-aiideO into the 8,8, and 146 acre parcels prior to, or. at_the t1m9 of, signing of
the exemption plat. ln ih,-; event the reqdest for exemption is denied, the houses must
continue to occupy seParate lots.
E. Legal and Phvsical Access: Section 8:52 C states:
All lots created will have legal access to a public right-of-way and any necessary
access eosements have been obtained, or are in the process of being obtained;
The proposed access is via an existing (12' wide?) driveway from Highway 6124,for
which a 50' wide "perpetual and non-exclusive" easement exists (Book 937,Page
226). Neither the Road and Bridge Department nor the Engineering Department
made any comment on the access, which appeared to be in good repair during the
site visit conducted on 5/8/0I.
E.Water: Section 8:52 D of the Subdivision Regulations states the following:
The Board shall not grqnt an exemption unless the division proposedfor exemption
has satisfied the foltowing criteria: Provision has been made for an adequate source
of water in terms of both the legal and physical quality, quantity and dependability,
and a suitable type of sewage disposal to serve each proposed lot;
The application states that all lots will receive domestic water supply from the Town
of Parachute. The application contains a letter, written 2l5l0l, from the Town of
Parachute to Mr. Boruch, which states that the Board of Trustees approved the sale
of four (4) out of town water taps pending proof of available irrigation water for the
properties to be served by said taps. Mr. Boruch has obtained and made use of two
of the taps already. Two taps are still available for purchase. The applicant must
obtain the water taps pnor to final approval of the exemption plat. Evidence of such
must be submitted to staff.
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The application originally did not contain evidence of irrigation water rights, nor did
it discuss irrigation of the property. Staffcontacted Juanita Satterfield of the Town
of Parachute regarding the status of the irrigation water and whether or not the water
taps were revocable. Ms. Satterfield stated that proof of inigation water had not yet
been submitted, and that the taps were revocable. She also stated that filling cistems
with Town water for the purpose of fire protection is an allowed use.
The applicant submitted evidence of irrigation water rights on 5l2ll0l. Said
evidence consists of a copy of the Ruling and Decree in case nos. 96CW080 and
97CWl2l. As a result, the Boruchs have obtained 0.2 cfs from the Van Horn Ditch
to be diverted at the Parachute ditch and used for inigation of a portion of the 160
acres.
Sewer: Individual Sewage Disposal Systems flSDS) currently serve the existing
buildings. The same is proposed for the third lot. The applicant has stated that the
existing ISDS have performed well. The Asst. County Engineer recommends that any
new ISDS be engineered. The Colorado Department of Health setback standards
apply.
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Geotechnical: The application contains a geologiohazards report prepared in July
of 1996 by Barnes Geologic Consulting, Inc. ''The report was generated for a*'*'r
previous development proposal for 76 lots. The report states (page 3) that, "f[e 'i :
engineering properties of the soils and bedrock must be ascertained prior to design
of the foundation of any...residence". It also states, "...foundation designs must
follow the recommendations of the project soils engineer".
Drainage: Several large intermittent washes that head on the Roan Clitrs traverse the
property. The application does not address drainage issues. The existing buildings
do not appear to lie within any major drainages. Any new buildings should avoid
areas of natural drainage. Natural drainages should be preserved to the maximum
extent possible.
Fire Protection: The application notes that the property borders the Town of
Parachute by % mlle, where fire hydrants are located. The application proposes
installing some ponds for irrigation and fire protection. Neither the location of the
proposed ponds,-ao++vidence.of inigation-water rights, was included in the
app,licatlon.
The Grand Valley Fire Protection District (GVFPD) has listed the necessary
minimum requirements., A storage tank at least 2,5A0 gallons in size must be
provided for residences d,500 square feet or less, with sprinkler systems optional.
Residences larger than 3,500 sq. ft. must provide both adequate storage and a
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sprinkler system. Access/egress and defensible space should meet the CSFS NFPA
299 standard.
The GVFPD notes that sprinkler systems must adhere to NFPA 13D: minimum flow
of 26 gpm, duration of l0 min. or 260 gal., storage tank separate from domestic use,
annual inspection/maintenance. Sprinklers shall be approved and supplied from
cistern.
As long as the applicant adheres to the recommendations of the GVFPD, and
includes appropriate plat notes and covenants, staffdoes not have any fire protection
concerns with the application.
Mineral Rights: The general area has an extensive natural gas resource and
nlrmerous producing wells. Barrett Resources Corp. is currently an oil and gas
lessee. Fifty-one percent (51%) of the minerals are owned by three individuals:
Judy Hayward, Craig Hayward, and Cristy Koeneke. Since potential for mineral
exploration exists, a disclosure to all potential lot owners must be included in the
covenants, plat notes, and at the time of closing.
Utilities and Easements: The extents of all easements, existing and proposed, must
be shown. The plat contains the following note on the plat drawing: "Abandoned
irrigation canals". If these abandoned canals have recorded easements, they must be
shown on the plat.
School Impact Fees: Prior to the approval of the final plat, the applicant will be
required to pay the applicable school site acquisition fee, as adopted by the County,
for each newly created lot (approximately $400.00, subject to change).
Other: Section 8:60 (I) (l) states that only one dog shall be allowed for each
residential unit. The applicant currently has four (4) dogs. Staffsuggests these dogs
be allowed to remain on Lot I but that only one (1) dog be allowed once the property
is conveyed to another parly. Only one dog shall be allowed on Lot 2 and the 146
acre remainder parcel.
V. STATF RECOMMENDED FINDINGS
That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
J
K.
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2
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That for the above stated and other reasons, the proposed exemption has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
That the application has met the requirements of the Garfield County Subdivision
Resolution of 1984 a.a. Section 8:00, Exemption.
yI.
4.
RECOMMENDATION:
\
Staffrecommends APPROVAL of this application with the
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following conditions:
1.
2
5
That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval;
A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
That the applicant shall have 120 days (until 10/18/01) to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
That the applicant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
That the 1978 Garfield County ZoningResolution and the Colorado Department of Health
standards shall be complied with.
The access roadway to the parcels shall be maintained adequately to accommodate the
weights and turning radius' of emergency apparatus to permit access during adverse weather
conditions. A legal road sharing agreement, which discusses all costs associated with the
maintenance of the road, who will be responsible for paying these costs, and how
assessments will be made for these costs, shall be filed with the exemption plat.
Foundations and Individual Sewage Disposal Systems of all new dwellings shall be
engineered by a Professional Registered Engineer within the State of Colorado.
4.
5
7
8
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prior to the approval of an exemption plat, the applicant shall provide proof of legal and
adequate ,o*.. of domestic watlr for each lot created such as a receipt for payment of
Town taps.
A disclosure to all potential lot owners regarding the potential for mineral exploration and
recovery must be included in the covenants, plat notes, and at the time of closing.
of, signing of the exemption Plat.w l5+r'BS
at the time
C"fv\s9{,(11. The properties must be re-deeded into the 8,8, and 146
12. The plat contains the followirr rff"mffi,
If these abandoned canals have recorded easements,they must be shown on the Plat.
15. That the following plat notes shall appear on the Final Exemption Plat:
"One (l) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries. However, the existing dogs may
but when the propety is conveyed to new owners, the new owners must comply with the
(l) dog restriction."L,L ?XaY/rl- o." 4.r
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"No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption' One
(l) new solid-fuel burning stove as defied by C.R.S. 25-7-4Ol,et. sew., and the regulations
promulgated thereunder, *ill be allowed in any dwelling unit. All dwelling units will be
ullo*ed un unrestricted number of natural gas burning stoves and appliances"'
"All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward,iowards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries"'
'No further divisions by exemption from the rules of Subdivision will be allowed."
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
"Any new buildings shall avoid areas of natural drainage. Natural drainages shall be
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10.
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preserved to the
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"All Valley Fire Protection District (GVFPD) shall
be A storage tank at least 2,500 gallons in size must be provided for residences
3,500 square feet or less, with sprinkler systems optional.Residences larger than 3,500
sq. ft. must provide both adequate storage and a sprinkler system. Access/egress and
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Page 7 of 8
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operations,"
,,All owners of land, whether ranch or residence, have oblisations under State law and
co,ntv resulations";itr;;;;4"'i.i iri.--ni"i;i#il" of fefices and irrigation ditches,
il',#tr#:*-S-ffiij#*#'$#*ffi ,$iiit#x*t{fi
'#r*ffiRural Living e smadscalSAifiitd;ilifit bt the Colorado State University Extension
Office in G6rfield CountY."
defensible space shall meet the CSFS NFPA 299 standard. Sprinkler systems shall
adhere to lffpA 13D. Sprinklers shall be approved and supplied from cistem."
Page 8 of 8
CC
GRAI\D VALLE' i,li" a.'i. i!,it, i,r i, c. d,i$3{,
FIRE PROTECTION DISTRICT
1777 S. BATTLEMEI{T PARKWAY
PO BOX 29s
PARACHUTE, CO 81635
(970) 28s-9119, FAX (970) 28s-9748
March 28,2001
Robert Boruch
8491 Hwy 6 &24
Parachute, CO 81635
Robert Boruch
After speaking with you regarding your suMivision project west of Parachute and north of
US Highway 6, I off.r the following as minimum requirements for such a proposal.
The options available to you include either a local water supply for each residence or a
centrai pressurized water supply for all residence as well as fire protection sprinklers.
Because of the size of your project, it would appear that the localized water supply
systems (NIFPA l23l) and fire protection sprinkles might be better suited to provide such
protection.
The use of sprinklers in new construction is always encouraged, and has proved to be both
cost effective and to have made the critical difference in the "saving of a structure". The
key element of a l3D system is to provide enough suppressant to get the occupants out of
the residence. The qystem is designed to provide a l0-minute water supply- In a normal
urban setting, with prornpt notification to the fire department, a response and
extinguishment can be started during this lO-minute time frame. However, with a small
,oLrrit"", fire department, which does not staff fire station crews, response times can be
much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to
leave, Uultne fire has most likely continued to burrU and after the l0-minute period of
water delivery, the fire may again start actively burning.
The recommendations of NFPA l23l are to have a water supply located within 150 feet
of a residenc e, a 4 %" hydrant connection capable of providing 500 gpm and a capacity to
be determined by the sqrure footage of the residence. After consulting other agencies
within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable
requirement for residence under 3500 square feet. Sprinkler systems would be optional
foi residence up to 3500 square feet. Residences over 3500 squre feet will need to have
both the calculated size storage tank and a sprinkler system to provide initial knockdown
capabilities. As far as access / egress requirements & defensible space, the Colorado State
Forest Service has recommended using the NFPA 299 standard, Protection of Life and
Property from Wildfire.
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Other issues to be included and noted in the proposal are as follows:
to. A minimum flow of 26 gpm with a duration of ten minutes or 260 gallons (see
Section 2-l) are required. The storage tank used for fire protection will be
separate from that used for domestic use. If a homeowner wishes to combine the
water supply for both the sprinkler system and domestic use, the requirements of
the code shall be met. Annual inspection / maintenance and reporturg requirements
of a sprinkler system are the responsibility of the homeowner. For structures over
3500 square feet, an approved fire protection sprinkler system will be required.
The sprinkler system is to be supplied from the firewater cistern (for those
structures 3500 square feet or greater).
emergency, is not limited to the specific residence where it is located and that its
use/need is at the discretion of the fire department.
domestic use.
Ifyou have any questions, I can be contacted at the phone number above
David A. Blair,
District Fire Chiet GVFPD
Cc Board of Directors, GVFPD
Garfield Planning Department
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]'iIi-DRED ALSDCRF
AGREEMENT
THIS IS A PERPETUAL AND NON-EXCLUSIVE EASEMENT AGREEMENT BETWEEN
CHERYL FISHER AND ROBERT & ARLENE BORUCH.
1. CheryI Eisher grants easement as per attached description
marked EXHIBIT B TO Robert & Arlene Boruch.
2. Robert will hetp Cheryl with setting of modular, perk ho1es,
excavating of septic system, excavating of utility lines,
excavating of road way and road way gravel.
t-/Cheryl Fisher
Robert Boruch
Arlene Boruch
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To:
Date:
Project:
Re:
Garfield Gounty Building & Planning Dept.
Attn. Kit Lyon
Wednesday, May 02,2001
Baruch exemption
Exemption plat review; submittal dated, Apri!4,2001
Kit,
I have reviewed the above mentioned submittal for engineering and have the following comments.
1. Water supply:
1 .1 . According to the submiftal, the water supply is to be from the town of parachute when the annexation agreement is signed. A copy of
the signed annexation agreement would suffice as showing proper water supply to the four lots.
2. Sanitary sewage disposal method:
2.1. me disposal method is stated to be ISDS. lwould recommend that verbiage be added to the approwl stating the ISDS shall be
designed by a registered engineer in the state of Colorado and approved by Garfield County Building and Engineering departments
before actilation.
lf you have any questions or concems, please do not hesitate to call
Sincerely,
Jeff T Nelson
Assistant County Engineer
Randy Withee, County Engineer
Mark Bean, Building and Planning Director
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,ETNITERH.tll.tr{T
June 30, 1999
Ms. Juanita Satterfield
Ton'n Administrator
Town of Parachute
P. O. Box 1fi)
Parachute, Colorado 81635
Re: Applications of Lindauers and Bonrch;
Case Nos. 96C|VLE0 and 97C1V121
Dear Juanita:
I am enclosing a copy of the signature pages of the Ruling and Decree in the above-
referenced cases. e1 inair"t d, thelffater Judge has ns$' approved the Ruling wbic! I
previously sent to you and made it the Judgment and Decree of the Court. Therefore, for
all practical purposes, these cases are trotv completed.
If you have any questions or urish to discuss this further, please do not hesitate to
coltad me.
Mark J
uflwijly
Enclosures
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]'IAY-1.7_61 ElA:53 A},I ToI,IH oF PARACHUTE P,A1o
TOWN OF PARA CEUTE
222 Grend
Tclcphorc: (97O)
Fecrimile: tgzol
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CUMMENTS
2ts-28t9t46
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IJ t,/-7
FAX COVER PAGE
co 8163s-0100
Town C'lcrk
Juenite Satterlield
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I,,AY_17_A 1 ElE}:55 AFI ToI"IH trF PARACHUTE P. B3
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*.AST'M[,'NI ^NN IY qFR RIGTIS AGRFFIVIFNT NN GB .NT
A- PARTIES
B. RECITALS
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Thc parties to this agreemetrt are Sidney R. Lindaucr, u&ose addrcss is p.o. Box 626,Parachutc, co 81635; Ivo E- Lindatq whosc address is I 832 23i Avenrrc r*io*rrey, Co s063 I(collectively *Lindauersl; ana Robert R. Boruch and Arlerre D-.Boruch (colloctively -Boruchs,),
whosc address is Box 448, parachute, CO t1635.
Thc rtason and purpose for entering into this Ageemert are prcmiscd upon thc following:
l' tiDdauffs arc thc owncru of the van Hom Dirch narer rigtt, uihich was decrecd inCase No' w-9% Distict Corrq Warcr Division No. 5, itr rhe amount of 3.E cfs, conditional, forirriguion(the*1/aoHoroDitchrigtt"). -- -- --- --''
2' Bonrchs arc thc owrcrs of ryproxirnately 160 acres coruistirg of the EyzsE% ofScctiou I I and wyrsw% of Section 12, all io for^rnij7 Sotrh, Range 96 liest of the 6t p.M.
3' Lindaussdcsire to consurrct aditch across said Bonrchproperty (hcrcinaftsrreferred
to as tbe *Parachutc Extension Dirch') for carriage of Van Horn Dirch;; r" t rtgde laDds locatediathcNWZrN\uIr, Section 13, Township 7 soutl, Range 96 wcstofthe 66 p.M. Boruchs wishtoassist in the constnrction and maintenaoce of the Parachute E:rrcnsion Ditch, including ovcr andacnlss said Boructr lands and lands onaed by rhird partirs, in o<change for convcyancc ola portionof thc Van Horn Ditch right &om Lindaucns. .-E- ---
\r,4' Thc van Hora Ditch n.ater riBht is crrrartly dccrEod for diversion at points oo A ,Colorado Rivcr aod Pamchutc Creek; howwer, none of thc decreed points of diversion will allowLindancrs or Boruchs to divctt into and cfrqv wdrxr thrcugh tne paracnute E:rtemsion Ditcb-Accordingly, tr'e parties arc dcsirorrs ofjointly ni;ng an apptiomioa before the Division No. 5 Wanercourt to obtain a decree for d.iversioo oru portioi ortni van Hom Ditch right a the parachurc
Ditch, urticb can be uscd to carry r,l/ater ro the parachurc Extcnsion Ditch-
5' The Parrchute Exeusion Dirch, uften cousnmo4 will traverse lands onmed by thfudparties, including the Town of Parachute. The ditch will cross the Parachutc park p.u.D. op€n space
owncd by &e Town- Thc Town has alrmdy conveyed to Sidney Lindauer a norexclusive easemcnt
for purposes of consfrrctioq repair, replacemen! mninrenance and use of the parachute E:rtensionDitch over aod across thc Parashurc iurt p.u.u., urhich gratrt \rras recorded h tbe ofEce of theGarfield county clerk and Rccorder at reception io. . (nercinafter *Town
Agreemenf')- sidney Lindaucr intends to convey to Bo*"toffiffii and they intend to
acc,cpt" a grant of an uodividcd interest in the said easement.
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I,,IAY-L7_B 1 BA:56 AI,I TOI,IH OF PARACHUTE P. A4o
C. AGREEMENT
For and in occhange of one dollar ($l.00) and othcr good and valuabtc consideration, theroceipt and sufficienry of which the parties hereby acknowledge" the parties agree as follows:
l. The recitals above set forth arc tue and correct.
Z. Lhdaucrs hereby grant and quit claim to Borucb$ 0.2 cfs of thc abovedescribed Van
Hom Ditch righq b be diverted at the Parrchue Dirch and used for inigation of a portion of tbc 160
asrcs owncd by Bonrctrs (as abovcdcscribed).
3. Sidncy Lindarrcr also hereby grants and quit claims to Borucbs a nouexchuive
easeu.eut to operatc tbe Parachntc Extcusion Ditch aoross the Parachute Pa* P.U.D. op€n space for
caniage of tbc Van Hom Ditch rigbt hofcitr couveycd to Boruchs, which ersem@t is morcporticularly d€scribelin thc said Towa Agrecmenr Boruchs hueby agree to abidc by tbr tcrms aud
conditio.ns of the Towu Agrecmcng Bonrchs therefore agrec io sharc with Linda,er all
reqPonsibilities and belrefits arisrng from tbc said Town Agreemenr, as though Borucbs wrre parties
ttercto. Bonrchs aSFoe to bcar tbcir slrare of thc costs aud cxpfls€s associated with constructing,
repairing' maitfainfug, and opcrating the Parachutc Extension DircL incltding (for exarnple) a1
costs to oonsuuct and maintain au appropriatc hcadgate stnrcturc on parachute Creck or the
Parachrrte Exrcnsion to control the water tobc caniod tb*ugh tbe said extcnsion. Such costs and
cJ$eoses associafed with constnrcting the Parachute E:rtension Ditch shal be borne in the ratio of
50% Lindaucrs' 50plo Bonrchs. After construction, all oostq aad orpmses incuned to opcmtc,
maiDrah and tlPair rhe ditch shall [s borne in the rato of 907o Lindaucrs, l0plo Boruchs, except as
provided in paragrapb C.Z. bclow..
4- Sidney Liudaucr hcrcby grants aod quit claims to Ivo Lindaucr a noncxctusivc
eascmctrt to operatc the Parachutc E:rtension Ditch across thc Parachute Park P.U.D. opeo qpace for
caniage of the Vau Horn Ditch right, which cascmcot is morc particularly dcscribedj;thc-said
Towu Agremenl Ivo Lindauer thercfore agrces to sharc witn iiauey I.inaarrer and Boruchs all
rcsporsiUiUtles and beoefits atis*g from thc Torm Agrccment, ^ tbough lvo Lindauer w€re a pafiy
fretcto.
5. Boruchs hercby grant and couvsy to Lindaucrs an easement 20 fect h width across
said Bortrch FoPerty (see paragraph BJ) for the pqpos€ of consrrrcting, Epairing, replacing,
maintaining, ud using tbe Parar,hurc Extension Ditch The ditch may be pip.d i, utote or in parr
at Lindauers' dissretion- The easement has not boctr surveyed; nowever, ,poo "o-plaion oftU.
ditch coustnrcti6n.as contemplated hercirL the paties may survey tbe ditch co*s. {lcross ihc Boruch
propertj and includc the snveyed description of the easement in a quit claim d d fiom Bonrchs to
Lindaucrs. Thc partics will cooperatc io ugro upon the form of the quit claim deed, which will
refercnce and be zubject to tbe terms and conditions of the withh Agreement. The purpose of the
April2{ 1998
Erscrncntand \varcr Righs Agrccmcnt aad Grant
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]4AY-L?_A 1 AE:57 A1,I TOI.IH OF PARACHUTE P. 65oo
quit claim deed shall be solely to clari& aud describc in bettcrdeail the location of the Parachute
Extcnsioa Ditch easemeot through the Boruch fpcrty.
6. The parties agrec to filc aad adjudicqlc as coapplicarrts an application for a change
of wator right for the Van Hom Ditch right for diversion at thc Parachutc Ditch for inigation of rheir
respective g,opertics. Boruchs agee that Lindaucrs may also change Lindauers' 3.6 cfs Van Horn
Ditrh right (or any portion thcreof) for diversion at thc Lindauer Pump and Pipclinc located at thc
south bank of Parachutc Creclc Thc panies agree to coopcratc in thc adjrdication of the said Water
Court application and to bear all costs and expenses (inclurt;.g all attomcys' fces) associated with
the adjudication ia thc ratio of I0% Boruchs, 9ff/o Lindaucrs.
7. The l0o/o190% ratio describcd in paragraphs C.3. and C.6. is bssed upon Bomchs'
ownership of 0.2 cfs of &c Van Hom Ditch right. Thc partics contemplatc that Lindauas may
couvcy an additional portion of the Van Horu Dilch right to Boruchs, in ufiich event the partics
agrcc th€,y will adiust the ltr/olWoratio to reflect a greatcr responsibility on Boruchs' part to sharc
the costs of opc,rating and mainuining thc ditch, and adjudicating the watcr court case.
8. Lindauers shall bc solcly rusponsiblc for all costs aud cr(pctrscs associatcd with
constnrcting, repairing end maintaining the Parachute Extension Dirch on the Lindauer Foperty
downdtch ofthe Boruch propefiy.
9. The partics hereby agr€E to coop€ratc to obtain any conscnts rcquired from any third
party for tbe constuction of thc Parachutc Eritcnsion Ditch and cnlargcmcnt ofthe Parachutc Ditctt,
and also to cooperatc in rtsolving any opposition that Eay bc raisod to the Waler Court application.
10. Thc parties agrcc they will meet trfore the beginning of each inigation season
(commcnciqg fu 1999) and togctber plan thc cleaning, meintenancc and rcpair of thc Parachutc
E:rtension Ditch for that sczuiott. Thc parties shall attcms to agree rpon thc scqp€ andnature of the
u/ork aad u,to sball pcrforrr it In thc errcnt they do not agree, any party qfiall bE cntitlcd to Procecd
urim m r*ork and nocovEr from the others thcir share of tbe costs and cxpcoscs rcasooably itrcurcd"
Nothing hcrein shall be construed to limit auy party's statutory rights to contribution, including
undcr Article 23 of Titlc 3E, C.R-S.
ll. The terrrs and conditions hcreof shall extend to and be bindiry upon thc Parties
hereto, their succcssors aud assigns of all kinds.
t7.
Recorder.
This agreement shall bc recorded in the records of the Garfield County Clerk and
In witness whcrcof, thc parties have hereurto sct their hands and seals on the day and year
set opposit€ thc name of each.
April 29, 1998
Eescmcnl aad lVarcr Rights Agrccmcnt alrd Grant
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T,IAY_T7_A1 A8:58 AH TOI,IH OF PARAtrHUTE P-A6o
Dated this r? day of du
STATEOFCOLORADO )
couNTY oF GARFTELD I
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bcforc me this ffi-A day of
1998.
Sidney
Tb abovc and foregoing documcnt was acknowlcdgcd
199E, by Sidncy R-Lindarrcr.
Witncss my hand and official scat
My commission expires:?+
Dared ruis J 7 &y of fU a y ,199t.
STATE OF COLORADO
COI..INTYOT GARFIELD
Thc abovc and foregoing document was
t998, by lvo E. Lindaucr.
my hand and ofEcial s€al.
My commissioo expircs:
April29, t99t
Ersmxnt ssrd Wrrsr Righs Agrctrncnt urd Grant
Prge 4
lvo E. Lindamr
acknowlcdged before mc this 7.qfii day of
ss
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I'1AY_17_B 1 A8:58 AI,I Tol,IH oF PARAcHUTE P. B7
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Datcd this .L day of
STATEOFCOLORADO )
)r*
COUNTYoFGARHELD )
April 29. l99t
Eascmcnt and Warcr RighE Atrccmcnt aod Grant
Pagc 5
Thc abovc and foregoing docurnent was
Wiuess my band and official seal.
My commission cxpircs;v
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Notary hrblic
199t.
R. Boruch and
Arlcnc D. Boruch
acknowlcdgcd before mc this A, t day of
1998, by Robcrt R. Boruch and Arlarc D. Boruch.
Notary Public
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TOWN OF PARACHUTE, COLORADO
EXTRATERRITORIAL WATER SERVICE AGREEMENT
THIS AGREEMENT, is made and entered into as of the _t6day of MaJ& 2001, by and
between the TOWN OF PARACHUTE, COLORADO, a municipal corporation, whose address is
P.O. Box 100, Parachute, Colorado 8163 5 ("Town"), and Robert R. Boruch and Arlene D. Boruch,
whose address is 8491 Highway 6 &24, Parachute, Colorado 81635 ("Developer").
RECITALS
WHEREAS, the Town owns and operates the Town of Parachute water system in
accordance with the laws of the State of Colorado and the municipal ordinances, rules, regulations,
policies and resolutions of the Town; and
WHEREAS, Developer desires to develop four lots as described on the attached Exhibit A
located in Garfield County, Colorado; and
WHEREAS, Developer desires to obtain municipal treated water service for the Proliprty
which is located outside the corporate limits of the Town; and
WHEREAS, the Property is situated in a manner so that Developer can efficiently connect
to the water system owned and operated by the Town; and
WHEREAS, the Town has determined that this Agreement and all covenants herein are
necessary to comply with the Parachute Municipal Code and the goals, policies and plans of the
Town, and the Town is not hereby representing that it is a regulated public utility; and
WHEREAS, the Town is authorized by Sections 3l-35-402 and 3l-12-121, C.R.S., to
provide water service to properties located outside of its boundaries by means of a contract; and
WHEREAS, pursuant to Section 3l-12-121, C.R.S., as a condition precedent to the
supplying of municipal services pursuant to contract, the Town may require a contemporaneous
agreement by the owner of real property so supplied to apply for or consent to the annexation of the
area to be supplied with water service at a future date; and
WHEREAS, the Board of Trustees authorized the sale of four water taps for the benefit of
the Developer's property on July 8, 1999, subject to the Developer providing evidence sufficient to
the Town's engineer that adequate irrigation was available for the property; such proof has been
provided, and the Town desires to provide municipal water service to the Development on the terms
and conditions contained in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
Watcr and Wutcmter Servicc Agroemcnt/Boruch May 3,2001
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SECTION 1
WATER SERVICE
1.1 Provision of 'Water Service. The Town agrees to provide municipal water service to
the Property under the terms and conditions specified in this Agreement and pursuant to all
requirements as set forth in the Parachute Municipal Code and the Town's rules, regulations and
policies concerning water service. The Town shall be the sole municipal water service provider to
the Property, with the exception of raw water for irrigation. Water service for the Property shall not
exceed service to four (4) single family residential units with an irigated lawn area of not more than
6,000 square feet per lot. Provision of water service within the Development to customers shall be
made on a first come/first served basis with the Town's other water customers, subject to system
capacity and any prior commitments, and payment of applicable plant investment fees and
connection charges, at the then applicable rate. Except as may otherwise be provided in this
Agreement, a lot owner shall not receive any preference for or assurance of the availability ofwater
service from the Town; specifically, the availability of any out-of-town water taps not paid for by
the De.veloper may be subject to such limitations as are applicable to other out-of-town water
applicants.. The four water taps contemplated by this Agreement shall be used as follows:
Two taps shall be used on the property described on Exhibit B
One tap shall be used on the property described on Exhibit C, and
One tap shall be used on the property described on Exhibit D.
1.2 Approval of Facilities Constructed by Town Engineer. Upon completion of
construction by the Developer of such water distribution system improvements, the Developer shall
submit to the Town written certification that all facilities have been constructed and installed in
conformity with the design drawings, plans, and specifications as approved by the Town, including
any duly approved change orders. At such time, the Developer shall also provide the Town with
written estoppel certificates executed by all persons specified in Section 38-22-101, C.R.S.,
certifying that all work has been completed by such persons, and all money due them for labor
performed or materials delivered has been paid, and waiving all rights to mechanic's liens and other
remedies against the Property or the Town.
Upon receipt of the written certification, the Town Engineer shall inspect the facilities and
certify with specificity their conformity or lack thereof to the approved plans and specifications. The
Developer shall make all corrections necessary to bring the facilities into conformity with applicable
Town standards and approved plans and specifications. The Town shall be under no obligation to
provide any water service to the Property until all such facilities are brought into conformance with
the approved plans and specifications and applicable Town standards.
Wattr md Wdt€water Scwicc Agreemcnt/Boruch _23 May 3,2001
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SECTION 2
SERYICE LINES
2.1 Service Lines. The service lines to be constructed by the developer will remain their
property, and maintenance of all service lines shall be their responsibility.
SECTION 3
TAP FEES AND RELATED CHARGES: COMPUTATION AND PAYMENT
3.1 Payment of Fees at Time of Issuance of Building Permit. The Developer has
purchased and is using two of the four connections contemplated by this agreement, and the Board
of Trustees has agreed that if he applies for and pays for the connection charges for the remaining
two taps during the year 2001, he may do so at the fixed amount of $2,250.00 each. All tap fees and
connection charges which are not prepaid by December 31,2001 shall be assessed utilizing the
Town's prevailing fee schedule and connection charge schedule established pursuant to the
Parachute Municipal Code at the time of application for a building permit for the structure for which
services are sought. . In the event the Property is not annexed to the Town at the time of issuance
of a building permit, the Town's prevailing out-of-town fee schedules shall apply. In the event the
Property has been annexed to the Town at thd time of issuance of a building permit, the Town's
prevailing in-town fee schedules shall apply.
3.2 Service Fees. Until such time as the Property is annexed to the Town, the Town shall
charge water service fees at the prevailing out-of-town rates as established pursuant to the Parachute
Municipal Code. Upon annexation ofthe Property, the Town shall charge such fees at the prevailing
in-town rates established under the Parachute Municipal Code.
3.3 Unpaid Fees: Lien. All water service fees, charges and any delinquent charges assessed
thereon from the time the same shall become due and payable, shall become and remain a lien on
the service user's property until said rates, fees and charges have been paid to the Town. Said lien
may be foreclosed by an action at law or in equity in the name of the Town in any court having
jurisdiction thereof. If the Town is required to resort to legal action for collection of any service fees,
charges or assessments due, the Town shall be entitled to its reasonable attorney's fees and other
expenses incurred in such action if the Town prevails. In the event such charges are not paid when
due, water service and wastewater service maybe discontinued by the Town when the service user
is two (2) months delinquent without further notice by turning offwater service to the applicable
premrses.
In the event said rates, fees, charges and assessments are not paid when due, the Town
Treasurer may certify the amount of the same to the Garfield County Treasurer, to be placed upon
the tax rolls for the current year, and to be collected in the same manner as other taxes are collected,
with ten (10%) percent per annum added thereto to defray the cost of collection, pursuant to Section
31-20-105, C.R.S. All laws of the State of Colorado for the assessment and collection of general
taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply.
Wat€r and Wastewatcr Scwicc Agreement/Boruch -aLl-May 3, 2001
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SECTION 4
COMPLIANCE WITH TOWN RULES AND REGULATIONS
Except as expressly modified to the contrary in this Agreement and except as may otherwise
be provided or satisfied by this Agreement, water service and wastewater collection and treatment
service provided to the Developer and all property owners within the Development shall be subject
to all applicable ordinances, rules and regulations ofthe Town concerning the provision ofwater and
wastewater treatment and collection service in effect from time to time as fully as if the Property was
located within the corporate limits of the Town.
SECTION 5
ANNEXATION: POWER OF ATTORITIEY
5.1 Annexation Required. Developer, or its successors in interest, shall petition the Town
for annexation of the Property to the Town at such time as the Property beComes eligible for
annexation and upon request by the Town's Board of Trustees. Failure of the Developer and/or its
successors in interest to commence annexation proceedings, as herein required shall authorize the
Town to commence such annexation on the Property owneis' behalf in accordance with Section 3l-
12-121, C.R.S., in which event the Town shall charge the Developer, or its successors in interest,
all costs and fees associated with such annexation. In accordance with Section 31-12-121, C.R.S.,
this requirement to annex the Property shall be enforceable by an action for specific performance
filed in the Garfield County District Court.
5.2 Power ofAttorney Granted. The Developer hereby designates and irrevocably appoints
the Town Clerk of the Town of Parachute, Colorado as its attorney-in-fact and agent to sign any
petition for annexation of the Property. As a further covenant to run with the land, owner agrees that
in the event a counter-petition or objection to the proposed annexation is filed, any signature on such
petition or objection purporting to be the Developer or successor in interest of the Property may be
disregarded and shall be given no force and effect by the Town or any court of competent
jurisdiction. The provisions contained in this subsection concerning the power of attorney herein
granted shall be validfor the mmimum period setforth under Colorado low.
5.3 Additional Remedies. Developer states and agrees that the primary consideration for
granting Developer's requests for municipal water service and wastewater treatment and collection
service is the Developer's covenant and promise that it will consent to the annexation ofthe Property
to the Town. Developer, for its successors and assigns, further understands and agrees that should
it fail to abide by each and every covenant contained in this Section, then, in that event, the right to
municipal water service and wastewater treatment and collection service as provided under this
Agreement maybe terminated by the Town upon the giving of thirty (30) days written notice of its
intention to do so.
SECTION 6
INDEMNM'ICATION
6.1 Indemnification by Developer's Contractors. Any contractor employed by the
Developer who performs work in connection with the construction of the public improvements
required under this Agreement or within property owned by the Town shall indemnify and hold
harmless the Town ofParachute, its officers, employees, insurers, and self insurance pool, from and
against all liability, claims, and demands, on account of injury, loss, or damage, including without
limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss
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Wats ed Wdtcwater Swice AgremmUBoruch ''.' Cr5'Mry3,2001
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or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with work performed by such contractor for the Developer within the Town's easements
or other property or in connection with the construction of improvements to be conveyed to the
Town, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault
ofsuch contractor, and a subcontrator ofthe contractor, or any ofiicer, employee, representative, or
agent of such contractor or of any subcontractor of the contractor, or which arise out of any worker's
compensation claim of any employee of the contractor or of any employee of any subcontractor of
the contractor. The contractor shall agree to investigate, handle, respond to, and provide a defense
for and defend against any such liability, claims or demands at the sole expense of such contractor.
The contractor shall also agree to bear all other costs and expenses related thereto, including court
costs and attorney's fees, whether or not such liability, claims, or demands alleged are groundless,
false or fraudulent.
6.2 Indemnification by Developer. In addition to the indemnification required in subsection
6.1 of this Section, the Developer hereby expressly agrees to indemnify and hold the Town harmless
from and against all claims, costs and liability of every kind and nature, for injury or damage
received or sustained by any person or entity, excluding Town officers, agents or employees, in
connection with, or on account of the performance of work required pursuant to this Agreement by
such party, or its agents, contractors or employees pursuant to this Agreement. The Developer
further agrees to aid and defend the Town in the event that the Town is named as a defendant in any
action concerning the performance ofwork by the Developer, or its agents, contractors or employees
pursuant to this Agreement except were such suit is brought by the Developer. The Developer shall
not be considered an agent or employee of the Town for any purpose.
6.3 Governmental Immunitv. The parties hereto understand and agree that the Town is
relying on, and does not waive or intend to waive by any provision contained in this Section, the
monetary limitations or any other rights, immunities and protections provided by the Colorado
Governmental Immunity Act, Sections 24-10-101, et. seq., C.R.S., as from time to time amended,
or otherwise available to the Town, its officers, of its employees.
SECTION 7
ENFORCEMENT
7.1 Default: Notice: Termination. In the event of any default or breach by the Developer,
or its successors and assigns, of a covenant, term, condition or obligation under this Agreement, and
if such default or breach continues after notice thereof for sixty (60) days, this Agreement maybe
forthwith terminated with respect to such party at the option of the Town. Any declaration of
termination of the Agreement shall be effective only after and upon a resolution to that effect duly
authorized by the Town's Board of Trustees. All rights concerning remedies or attorney's fees shall
survive any termination of this Agreement.
7.2 Leeal Action. The parties to this Agreement shall have all rights available at law or in
equity to enforie the terms of this Agreement, including the right of specific p_erformance. In the
everf that any action is filed or maintained by either party in relation to this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees or the reasonable value
of a salaried attorney's time.
Wster and Wdtrwater Service Agmrncnt/Boruch -'ala'May 3,2001
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SECTION 8
MISCELLANEOUS PROVISIONS
8.1 Waiver of Defects. In executing this Agreement, Developer and the Town waive all
rights they may have concerning defects, if any, of the form of this Agreement, the formalities
whereby it is executed; and concerning the procedure, substance and form of the ordinances or
resolutions adopting this Agreement. Developer further waives all rights it may have concerning the
power of the Town to impose conditions on Developer as set forth herein
8.2 Failure to Exercise Riehts. No waiver of any provision of this Agreement will be
deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing
waiver unless expressly provided for by written amendment to this Agreement signed by the Town
and the Developer. The waiver of any default under this Agreement shall not be deemed a waiver
of any subsequent default or defaults of the s4me type. The Town's failure to exercise any right
under this Agreement will not constitute the approval of any wrongful act by the Developer or the
acceptance of any improvement. The Developer's failure to exercise any right under this Agreement
will not constitute the approval of any wrongful act by the Town.
8.3 Complbte Agreement. This Agreement contains all of the understandings, conditions
and agreements between the Town and Developer relating to the provision of municipal water
service and wastewater treatment and collection service at this time, and no other prior or current
representation, oral or written, shall be effective or binding upon the Town and the Developer.
8.4 Attorney's Fees. In the event that any action is filed or maintained by any party or
beneficiary in relation to this Agreement, the prevailing party shall be entitled to its costs and
reasonable attorney's fees or the reasonable value of a salaried attorney's time. All rights concerning
remedies or attorney's fees shall survive termination of this Agreement.
8.5 Authorization. The signatories to this Agreement affirm and warrant that they are fully
authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings
and/or hearings pursuant to any law required to authorize their execution of this Agreement have
been made.
8.6 Amendments. This Agreement may be amended from time to time by written agreement
duly authorized by the parties, provided however, that subsequent owners. of any portion of the
Property shall be subject to this Agreement and shall be entitled to receive water service and
wastewater treatment and collection service pursuant to the terms of this Agreement without
amendment to this Agreement and shall be considered beneficiaries hereof.
8.7 Covenantsl Binding Effect. This Agreement shall extend to, be binding upon, and inure
to the benefit of the parties hereto and the successors and assigns of the respective parties hereto.
Specifically, by accepting a deed to any or all of the Property, any granteg of the Developer agrees
to be bound by the termJof this Agreement, and this Agreement shall be deemed to be a restrictive
covenant running with the Property for the benefit of the Town of Parachute water system and
wastewater treatment and collection system and the real property owned by the Town for said
systems.
Water and W6tswattr Sqvice Ag'eementrBoructr -N'May 3,2001
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To Town:Town of Parachute, Colorado Board of
Trustees
P.O. Box 100
Parachute, CO 81635
Attn: Town Administrator
Carter & Sands, P,C.
P.O. Box 192
Rifle, CO 81650
Attn: Stephen L. Carter, Esq.
With a Copy to
If to Developer: Robert and Arlene Boruch
8491 Highway 6 &24
Parachute, CO 81635
8.9 Time of the Essence. Time is of the essence of this Agreement.
8.10 Colorado Law Applicable. This Agreement is made and delivered within the State of
Colorado, and the laws of the State of Colorado shall govern its interpretation, validity and
enforceability.
8.11 Jurisdiction of the Courts. Personal jurisdiction and venue for any civil action
commenc-ed by either Pgtf to this Agreement whether arising out of or relating to the Agreement,
a letter of credit, or performance bond will be deemed to be proper only if such ictionis co-mmenced
in the District Court for Garfield County, Colorado. The Developer expressly waives its right to
bring such action in or to remove such action to any other court, whethei state or federal.
8.12 ProvisiQns Deemgd Seyerable. If any part, term or provision of this Agreement is held
by the courts to be illegal or otherwise enforceable, iuch illegality or unenforceabilily will not affect
the validity of any other part, term, or provision and the rigfits of the parties will be construed as if
the part, term, or provision was never part of the Agreement.
8.8 Notices. All notices required or given by the terms of this Agreement shall be made by
certified first class mail, postage prepaid, return receipt requested, to the parties at their addresse's
listed below. All notices shall be effective upon mailing. These addressei shall remain valid until
notice of a change of address is given in accordance herewith.
_ 8.13 Assignment of Riehts: Release of Obligations. The benefits of this Agreement to the
Developer are personal and may not be assigned without the expressed written approval ofthe Town.
S_uch _approval may not be unreasonably withheld, but any unapproved iisignment is void.
Notwithstanding the foregoing, the burdens of this Agreement arL- personal obligations of the
Developer and will be binding on the heirs, successors, and assigns of the Deviloper, unless
otherwise released by the Town. There is no prohibition on the right ofthe Town to assign its rights
under this Agreement. The Town will release the original Developer's letter of credii or
performance bond securing required warranty correction work ifit accepts a new acceptable security
from any developer or lender who obtains the Property. However, no act will constitute a releasL
of the original Developer from liability under this Agreement unless an assignment of this
Agreement is expressly authorized by the Town.
Water ild Wastewater Scrvice Ag:eemmt/Boruch -JY.May 3, 2001
,
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-8.14
No Waiyer of Immunity. Nothing contained in this Agreement constitutes a waiverof the Town's sovereign immunity or governmeital immunity under I"y uppiiruule State law.
8.15 Recordatign of Agregment. The Town shall record a copy of this Agreement in theoffice of the clerk and Recorder of parachute county, colorado
IN WITNES! yqlB-E'oE'thtrparties have caused this Agreement to be executed on theday and year first above writteii.
TOWN OF PARACHUTE, COLORADO
a municipal corporation,acting by and
!
{
$
its 'i:y
Mayor
TTEST:
own Clerk
TATE OF COLORADO
)ss
COUNTY OF GARFIELD )
and
Subscribed and sworn to before me this I Ll day of May,2ool by John Loschke,
Town Clerk.
WITNESS MY HAND AND OFFICIAL SEAL.
MyCommissionExpires: f t -o t- o*3 t\-"\..-
Notary Public
STATE OF COLORADO
COTINTY OF GARFIELD
Subscribed and sworn to before me this _ day of May, 2OOl, by Robert R. Boruch and
Arlene D. Boruch.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
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Wat€r and Wdtcwatcr Scwicc AgremcnVBoruch - &q-
Notary Public
May 3,2001
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g.tlw.NothingcontainedinthisAgreementconstitutesawaiver
of the Town's sovereign immunity oi governmental immunity rra.r-.ry
"ppii.Lur. State law.
8'15 Recordation of Agreement. The Town shall record a copy of this Agreement in theoffice of the Clerk and Recorder officnrt. c"*ty, 6fio.uao.
rN WITI\"ESS WHEREoF, the parties have caused this Agreement to be executed on theday and year first above written.
TOWN OF PARACHUTE, COLORADO
a municipal corporation, acting by and
through its Board of Trustees,-
John Loschke, Mayor
ATTEST:
Town Clerk
COUNTY OF GARFIELD
cornmlsslon exp[es:
Boruch
D. BoruchST TE OF ))ss
)
and
Subscribed and sworn to before me this day of May,2oor by John Loschke, Mayor,Town Clerk.
MTNESS MY HAND AND OFFICIAL SEAL
My Commission Expires:
Notary Public
STATE OF COLORADO
COLINTY OF GARFIELD
Subscribed and sworn to before me this )1 day of May, 20Ol,by Robert R. Boruch andArlene D. Boruch.
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WITNESS MY HAND AND OFFICIAL SEAL.\: - ol-03
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Service Agreement8oruch
Notary Public
May 3,2001
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Town of Parachute
AdminXstration
Telephone: (97O') 2
Facs^imile: (97O) 2 85-9146
Administrator
fuanita Satterfield
February 5, 2001
Mr. Robert Boruch
8491 Highway 6 &24
Parachute, CO 81635
RE: 4 (Four) Out-of-Town Water TaPs
Dear Mr. Boruch:
At their regularly scheduled meeting July 8, 1999, the Town of Parachute Board of Trustees
u,tt,oii,"a[,.'ul"ofa(four)out-oEtownwatertaps.approvedJunel1,1998@ogfd
available irrigation water'for ihe properties to be served by these taps.
Two taps were paid 12-28-1999 for 8491 Highway 6 P?land 8493 Highlyay I q24. There are two
out-of-town mdtered taps still available at th; cosi of $2,250 as approvEd by the Board of Trustees.
Please provide the Town with an Annexation Agreement to be signed, indicating that you would be
willingio annex these properties intothe Town of Parachute when other mumctpal servtces become
ur"itufltr to the prop^ertiLs. Please include size, location and legal description of the 4 (four)
properties that will be serviced by the out-of-town water taps.
Sincerely,
xc: boruch2
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GEOLOGIC EAZARDS REPORT
AI{I)
GAI{UA RADIATION SURVEY
PEAK VIEW MOUNTAIN RANCE SUBDIVISION
TOT{T{ OF PARACEUTE, COLORADO
JULY, tgg6
Prepared by:
Barnes Geologic Consultins.2325 Elderberry Courr "'
Grand Junction, C0 gl506
Phone (glo) z+z-8655
Inc.
Client:
Robert BoruchP.0. Box 448Parachute, C0 81636Phone (glo) zto-olzz
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GEOLOGIC EAZARDS
ANI)
GAUUA RADIATION
REPORT
SURVEY
PEAK VIEI{ }IOUNTAIT{ RANCE SUBDIVISION
TOI{N OF PARACEUTE, COLORADO
JULY, 1996
The ProPosed Peak View Mountain Ranch Subdivision is locatedon the rdestern edge of parachute, colorado, which is in Garfieldcounty. The property is in sections rr and 12, Township 7 south,Range 96 West, sixth Principal Meridian. The site is accessiblevia a frontage road on the northwest side of rnterstate 70.
A parcel of about 109 acres is to be divided into 76 lots forsingle fanily residences. The property !s presently undevelopedand does not have irrigation ruater available.
The purpos" gf this report is to identify geologic hazards,Par!icularly hazards that rnight have an adverse effect on thevarious features of a subdivision. The results of a gammaradiation survey on the property are also discussed.
INTRODUCTION
SITE GEOLOGY
The site is located at the base of the Roan Cliffs where bedrockis relatively soft mudstones and sandstones of the wasatchFormation. The upper slopes of the criffs, high above thisProPerty, are. created by more resistant marlstoneJ of the GreenRiver Formation. The Llevation in about the center of thesubdivision is 5,300 feet, while the nearby Mount callahan atthe top of the cliffs is elevation g,606 feet. Narrow valleysformed by the Colorado River and Parachute Creek are immediatelyto the north and southeast.
This region has a history of minor seismic activity and theseismic risk is 1ow. Recent earthquakes, which occurred inI97L and 7975 near Grand Junction, 'trad Richter magnitudes of4'0 "ld 4.4, respectively. A rnild qu"t" of 2.5 magnitude occurrednear Palisade on 0ctober 20, r990. No damage ,"" reported fromany of these events.
The nearest f_aults mapped as potentially active are just westof Glenwood springs, about 36 rniles east of this site. Thisgroup of faults is not considered 1ikely to cause damagingearthquake" ('l!arthquake Potential in Co1orado,,, Kirkham andRogers , CGS Buller in 43 , I 9gl ) "
-36
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Geoloeic Format ions and Soils
The subdivision is situated where steep slopes of the Roan cliffsintersect valleys along Parachute creek and the colorado River.consequently, the sitE is characterized by uortr high ridgesand buttes of Wasatch mudstones and sandstones, and surficialsoils deposited by runoff and erosion as s10pe wash, streama11uvium, and a1luvia1 fans.
The tr{asatch Formation of rer-tiary age golsists principally ofmudstones and lenticular sandstonLs, "and has a tttar thicknessof about 5,000 feet. The bedrock at this site is principallythick red mudstones, with some gray and purple, and occasionalsandstones varying from a few i.,"t .s to abbut 20 fee t thick.The sands tone-s -are very lent icular in shape, and are of ten onlya few hundred feet in lateral extent. Th; mudstones are poorlycemented, and are subject to erosion by storm runoff. Themudstones form. steep "10p"" when dry, but are susceptible toslope failure when saturated.
The overburden soils at this location are principally shallowslope wash, narrow deposits of stream alluvium aronj intermittentwashes, and broader areas of a11uvia1 fans. Each" soil depositis principally cray and silt sizes with a smaI1 amount of sand,and varying p_ercentages of sands tone gravel, cobb les , andboulders. The. fine grJined soils are expected to have moderateto high plasticiry.
Six test pits excavaEedplus of mostly mediummudstone. The soils were
on the
plas t ic
gene ra 11 y
property found 8c1?ry soils oververy dry.
to
the
10 feet
lrlasa tch
Geologic Structure
The dip of rhe underlying bedrockinto the Piceance Basin. -The Grandstrueture, is located about L7 miles
is about 3" to theIIogback, a majorto the northeast.
nor Eheas tmonoclinal
Foundat ion Materials
The foundaEion materiars at this subdivision, in a generar sense,Yill be mostly either fine grained soils or the trrlasatctr mudstone.Both materials underlie large portions of the site.
Tl: -fine grained soils (mostly clay and silt sizes)thickness from a few inches of- stope wash to 1o feetof alluvia1 fan deposits. These soils contain highrypercentages of sandstone gravel, cobbres, and boulder's.
The clay soils may have shrink-swe11 potent ial with changesin noisture content. The silts-and clays would also be expectedto be very soft and have 1ow bearing 'strengths when saturated.
vary inand more
vary ing
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rf the soils have 1ow density, settlement could occur uponl0ading, such as by a resiaentiar "tru"ture r of upon saturationby roof , street, or flatwork runoff ^.ia/o, lands"ape irrigation.The colorado Deparrmenr of Iligtrwafs i;;rd severe nvJro.ompacrion(spontaneous settlement upon ""aorla1-o.r=)'=
"J,lrir,g theirinvestigation,of the. proposed rnterstat; 7o alignment from Rifleto DeBeque ( "Nature's nuiraing coaes-r- Geology and construct ion
i;rfit"rado", shelron and prJutv, ccs speciat publicarion 12,
some soils derived from the I.Iasatch Forrna-tion display dispersiveproperties. This phenomenon is exhibited by certrirr-rin. grainedsoils that ' uPon saEuration, I'f 1ow,, when there is a Iack oflateral support as the soil particles repel each other. Thisdispersive property has been found to occur in soirs that havelow plasticit_y,_ high colloid content, and high sodium. Thepossibility of dispersive soils should be considJred, especiallyin the design of any pond embankments at this site.
The tr{asatch Formation mudstones, and occasional thin sandstones,will also form the foundation of ,"ny residences and otherstructures. The unweathered mudstones ,ir_r have ,ood bearingstrength, but could contain swelling clays. The saturatedmudstones are verv srre^angood slope "t.rlill, ",X".X1t";t1'".:i, tu"r'i:'" on slopes, bur have
The en ineer in ro er t iesertanedror the soi 1s and bedro ck mu
s tructure suc
c arac er st CSuethods suchand laboratory
The individual
to design of rh found
a res ence.The
tion of an 1ar esoi 1 and roc
m ne y sub sur face
, sampling of exploration
the soi1s,as augering or drillingtesting of the samples.
lots are buildable, but oundo1Iow the recommendations of the pr o ect soils
uandscape water ng ar un
a backhoe
reach ing
on July
a water
n heave or
s that
cemen t
27 , 1996,table. The
u
The soils and bedrock at this site contain soluble sartcould cause deterioration of concrete. sulfate resistantshould be used to avoid this possibility.
settlenent; zeriscape landscaping should be encouraged.
Itater Table
A high water table does not occur at this property due to itselevation above .th" nearby colorado Rirer valley and the semiaridclimate ' No irrigation canals cross this site or the rand abovethe property. The vegetation is "rg"u.u"tr, greasewood, junipertrees, srna1l shrubs, and some grass.
Six - test pits rdere excavated withto depEhs of 9 to 10 feet withoutsoils rdere generally very dry "
-39.
FLOOD POTENTIAL
This proposed subdivisionthe nearby
the river.
Roan Cliffs
Colorado River,
e Pare
Slooe Stabilitv
is about 80
so there
o
feet in elevation aboveis no flood hazard fromwashes that head on the
o
Much of this Property is on gentle slopes with no particularslope hazards, however several rots abu_t steep slopes (,rp toto 75 Percent) of principally wasatch mudstones. on these lots,rapid runoff from thunderstorms could result in flows of mud,rocks, and other debris. Building site selection along withon-site grading to facilitate drainage around each residentialstructure must be employed to mitigate the mudflow hazard.
The trrlasatch nudstones are generally stable on steep slopes whend.y, but can - be_-very susceptible to landslidi.rj'o. mudfrowswhen saEurated. This potential hazard must be considered whendesigning sites: especially lots ,itt, steep slopes on thedownhill side. These building sites must be kept as dry asPossible, including minimizing landscape irrigation, to preventslope stab ility problems.
A minor rockfall hazard exists on two or three lots but canbe nitigated b-y proper residential site selection. rn theseinstances, sandstone layers crop out on the slope above thelots. The sandstones ar" thin bedded, and when iroken apart,form loose rocks that are flat and slabby in shape. consequentry,rocks do not roll much distance even on a steep sIope.
Sever 1 1ar e termitte ntraverse the Proper a
or po ra ion o f Grand
v nJunction,
A gamma rad iat ion survey was conduc t ed on the proposedsubdivision on July 24 and 25, t996 to idenrify any uraniumtailings or naturar radiation sources. sixty readings rrreretaken at random locations across the entire property by usinga Ludlun Measurements scintillometer, Model 19, Micro R Meter.Tl" readings are in microroentgens per hour and ranged from10 to 17. These values are normal background radiation andno anomalous read ings r{rere f ound . A map ihowing the rocat ionsof the individual readings and the values is attached to thisrepor t .
Colorado.
RADIATIOI{EAZARD
rn addition, .!he spoil piles of material from six testexcavated at the site on July 27, rgg6, were """t scannedthe scintillometer. The readings varied from I3 tomicroroentgens per hour which is ba"ckground radiation.
pits
with
16
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I,TINERAL RESOURCES
The general areanumerous produc in extensive natural0ne existin g weI
resource andlocated near
has ang we11s.gas
1 isnor thwe st howned byproducer.r sRobert Boruch.Th is well sr
The subdivision is also located inshale deposits of the Green Riverproperty is lower stratigraphicallyno oi1 shale crops out on the site.
an area of extensive
Format ion; however,than the Green River
oi1
this
and
The Wasatch mudstones and lenticular sandstones underneath thistract are not known aquif ers f or ground r^Iater. A weIl drilledon the northwest corner of this -subdivision by the landownerto a depth of 3zo feet did not ..r"h r^rater, although a traceof moisture was found at 295 feet
No
are
other metallic or non-metal1icknown to occur at this site.minerals of economic value
COT{CLUSIONS
A surface reconnaissance rrras conducted at the peak View MountainRanch subdivision_ on July 24_ a.-d 25, r9g6, to identify geologichazards to developnent. rn addiiion, six test pits rrrereexcavated on July 27, 1996, to obtain subsurface data regardingthe soils and water tab1e. c"orogi" logs of these test pitsare attached to this report.
0ne geologic hazard at this proposed subdivision is lotsproposed- adjacent to steep slopes' of Wasatch mudstone whererunoff from thunders torms could carry mud and debris onto theresidential 1i.te. Design and constr,r"tion on these rots mustconsider grading and s1t. selection to mitigate such runoffhazards ' The steep slopes per se should remain sLable unlessundercut by excavation of "11owed to become saturated.
A second significant geologic hazard associated with developmentaE Ehis site is the "r"r1 and/or .o""o1idation potential ofthe native soils and wasatch bedrock when water is introduced.l""lscaping around structures requiring irrigation water shouldbe discouraged; zeriscape land"""pi"g-sf,ourd b; encouraged.
Due to the geologic conditions, site-specific investigationsby a soirs enginler must precede any construction at thissubdivision to a1low foundrtio, design in accordance withsubsurface conditions. The .."o**"nditions from the soilsengineer must be followed during both design and construction.The geotechnical data necessary to allow adequate design can
-40
Oo
be obtained b{. appropriate techniques suchaugering, sampling, and laborat;r;- restingmater ials.
as
of
drilling orthe various
Prepared by:
BARNES GEOLOGIC CONSULTING, INC.
q*,a - 8."""1-,
Joe G. Barnes, president
Engineering Geologist ur
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QL]ITCL{INI DEED
I HtS LrEtD ;r.*lc urrs l6th u.; ,i FeJrrua4u-c:-c.a Rcilerc R. Bourch ard Arlene D. Bol-uch
shu*lcldaddrcssis 8491 Highway 6 E 24, parachute, Colorado81635
le rrff
Coloraio
Ar1ene D. Boruch
of rhe
also knowo by street and nuurbcr as:
resor's schedule or pucel number:
'Cuunty ul Gaffield aod Sratc ot
, granrur, and Robert R. Bor.rrch and
Counry of Garfield
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aod Srarc 0f Colorado grantccs:
wrtNEss'rhatrhe8rantor,forandinconsideradonofrhesumof ren Dol]ars and other good andvaluable cpnsideration tloLbttrfithe receipt and sufficiency of which is hereby acknowtedged, has remised, released, rcld and eUlrcLAlMED, and by these presnts doesremise' release' sell and QUITCLATM unto the grantecs, their heirs, successors and resigns forever, not in lenancy in common but in jointtenancy' all the right, title, inlerest, claim and demand which the gmntor hs in md to the real propcrty, together with improvements, ifany,siluate, lying and being in the County of Garfield
described as followa, ""-,.,, ". v%rreru aod State ofcolorado,
regal description set forth on Exhibit A attached hereto ard made apa-r! hereof by this reference and f,rther shor^rn on ah; ,*p markedExhibit B attached hereto and rnade a part t"i"ot.--
Pa-rachute, Colorado g1635
To HAVE AND To HoLD tbe same, together with all and singular the appurrcnanccs and privilegcs rhercuolo belooBiot, or io u;xi*lhereunto appertai,ios, and all rhe state, rigbt, tittc, interest and claim whatsoever ofthc granlol either in law or equity, to rhc ooly propcr
use, benefit and behoofofthe grantees, their heirs aud csigns forever
The singular aumber shall ioclude the plural, the plural rhe siugulil, and rhe use of any Bendcr shall be applicable to all 8etrders.the grantor has execuEd this deed on the date set
S'TATE OF COLORADO
Counry of Garfield
The foregoing instrumen! was acknowlcdgcd bcforc mc this
uy Robert R. Boruch and Arlene D. Boruch.
'lfio Deaver, iosert "City and,,
No.962. Reu 4-94. eUITCLAIM DEf,D (to Joiot Temns)
Witncss my hand aod udicial scal.
My commission expires:
Ad&6 of Pcen
day of February -'l-r-
JO , 20 0l-
PubiicHff(.
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BradfordPubfishint, lT43W,*Sr.,Dcrvcr,COU)2O2_ 303-292-2500-www.brudfurdpuUti.ti,g."un,_';- (S _
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EXHIBIT A
PROPERTY DESCRIPTION
A parcel of land situated in Township z south, Range 96 west of the sixth
Principal Meridian, County of Garfield, State of Colorado, being more particularly
described as follows:
The east half of the southeast quarter of Section 11, and the west half of the
southwest quarter of Section 12.
EXCEPTING therefrom that parcel of land conveyed to the Town of Parachute in a
quitclaim deed recorded in Book 632 at Page 180 of the Garfield County Records.
This description was prepared by:
Kenneth Scott Thompson
Colorado P.L.S. r848o
529 z5 r/z Road, Suite zro
Grand Junction, Colorado
NOTICE: Any rewriting or retyping of this
description must NOT include this
preparation information Lack of
an embossed seal indicates this
docurrrent is not the original.
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