HomeMy WebLinkAbout2.0 Subdivision Improvements Agreement (SIA)SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 9th day
of October , 19 79, between Alan A. Storey, hereinafter
called the "Subdivider" and the Board of County Commissioners
of Garfield County hereinafter called the "County".
WITNESSETH:
WHEREAS, the Subdivider, as a condition of approval
of the final plat of Lion's Ridge EstateS_Subdivision wishes to enter
into a Subdivision Improvements Agreement as provided for by
Section 30-28-137, C.R.S. 1973, as amended and Section 3.10
of the Garfield County Subdivision Regulations; and
WHEREAS, pursuant to the same authority, the Subdivider
is obligated to provide security or collateral sufficient in
the judgment of the Board of County Commissioners to make
reasonable provision for ccm plotio. of certain pu __c improve-
ments
ove-
ments set -forth on Exhibit "A" attached hereto and incorpor-
ated herein; and
• WHEREAS, the Subdivider wishes to provide collateral
to guarantee performance of this Agreement including construc-
tion of the above -referenced public improvements by means of
a plat restriction and a promissory note secured by first deed
of trust. •
NOW, THEREFORE, in consideration of the following
mutual covenants and agreements, the Subdivider and the County
agree as follows:
1. The Subdivider agrees to construction and install-
ation, at his sole expense, of all those public
improvements as set forth on Exhibit "A" attached
hereto.
2. The Subdivider agrees that all of those certain:
public improvements to be completed as identified
on Exhibit "A" shall be constructed by 1 October 1980,
in compliance with the following:
a. All final plat documents submitted prior to
or at the time of final plat approval.
b. All laws of the United States, State of Col-
orado, Garfield County, and its various
agencies, affected special districts, and/or
servicing authorities.
c. Such other designs, drawings, maps, specifi-
cations, sketches and other matter submitted
to and approved by any of the above -stated
governmental entities.
3. To secure and guarantee performance of its obli-
gations as set forth herein, the Subdivider
agrees to provide security and collateral in
the form of
a. a promissory note in the amount of $ 19,000
together with a first deed of trust on Lot
15 of the subdivision.
b. A plat restriction appearing on the face of
the plat or contained in covenants affecting
the subdivision which reads substantially as
follows:
The conveyance of Lots described hereon is
subject to a Subdivision Improvements Agree-
ment with the Board of County Commissioners
at Garfield County, Colorado; dated 9th day
of October , 19 79 ; and no building shall be
occupied as a residential dwelling nor shall
any building permit be issued for any of the
lots within the subdivision until such time as
the Board ofCounty Commissioners of the County
of Garfield are satisfied that the public im-
provements required to be furnished and installed
by Declarant pursuant to said Subdivision
Improvements Agreement have been properly
installed. The approval of the said Board of
County Commissioners shall be evidenced by the
written approval of the Garfield County Build-
ing Official. Upon the recording of such
written approval in the records of the Office
of the Clerk and Recorder of Garfield County,
the occupancy and permit restrictions above set
forth shall become null and void and of no fur-
ther force or effect. •
4. It is mutually agreed pursuantto the provisions
of Section 30-28-137(3) C.R.S. 1973, as amended,
that the County or any purchaser of any lot, lots,
tract or 'tracts of land subject to a plat restric-
tion which is the security portion of this subdivision
improvements agreement shall have the authority
to bring an action in any District Court to compel
the enforcement of this subdivision improvements
agreement on the sale, conveyance, or transfer
of any such lot, lots, tract or tracts of land or
of any other provision of Title 30, Article 28, C.R.S.
1973. Such authority shall include the right to compel
rescission of any sale, conveyance, or transfer
of any lot, lots, tract or tracts of land contrary
to the provisions of any such restrictions set
forth on the plat or in any separate recorded
instrument, but any such action shall be commenced
prior to the issuance of a building permit by the
County where so required or otherwise prior to
commencement of construction on any such lot,
lots, tract or tracts of land.
5. The Subdivider agrees to provide the County with
a title insurance commitment at time of final
platting evidencing that fee simple title of all
lands in the subdivision is vested totally with
.the Subdivider free of any and all lien and
encumbrances.
6. The County agrees to approval of the final plat
of Lion's Ridge Subdivision subject to the terms
and conditions of this Agreement.
7. Parties hereto mutually agree that this Agree-
ment may be amended from time to time provided
that such amendment be in writing and signed by
all parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals the day and year first written above.
COUNTY OF GARFIELD, STATE OF COLORADO
By__
Chairman, Bchrd of County Commissioners
of Garfield yd
ATTEST:
, Mc
De uty 1etk of the bard
SUBDIVIDER
(OR P, ?,s114-trif2 By
Subdivision
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD)
The foregoing Subdivision Improvements Agreement was
acknowledged before me this 74 day of 0,,),<zcj , 19
by Flaven J. Cerise, Chairman, Board of County Commissioners.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
7
tary Pu}a'lic
The foregoing Subdivision Improvements Agreement was
acknowledged before me this ' day of
by A a v . A. �7-
Witness my hand and official seal.
My commission expires: J/2 )72
-4-
19
Notary Public
EXHIBIT "A" TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOR LION'S RIDGE ESTATES SUBDIVISION
1. All roads within the subdivision, being
in linear feet approximately 2,700,
which are currently graded with a road
base. The roads will be graveled and
then surfaced with 24 foot width of chip
and seal. The estimated cost for com
pletion of this work:
$17,000.00
2. Incidental grading. Estimated cost: 2,000.00
TOTAL: $19,000.00
P.O. BOX 931
TAMARACK
1001 GRAND AVENUE
(303) 945-9141
GLENWOOD SPRINGS, COLORADO 81601
NICHOLAS W. GOLUBA, JR.
JOHN R. SCHENK
GOLUBA & SCHENK
ATTORNEYS AT LAW
P.O. BOX 1040
- CENTENNIAL PLAZA
/�/ 502 MAIN
/4/4�� tyA.j ONDAL, Q L (303) 963-3796
ORADO81623
'
G
DAN KERST
July 12, 1979
Arthur Abplanalp, Jr.
P.O. Box 640
Glenwood Springs, CO 81601
Re: Lions Ridge Subdivision - Improvements Agreement
Dear Art:
Pursuant to our recent conversations regarding preparation
of a subdivision improvements agreement for the Lions Ridge
Subdivision, I have obtained the following information regarding
the completion of public improvements within the subdivision:
1. There is approximately 2,700 feet of road within
the subdivision which are currently graded with
a road base. The roads will be graveled and then
surfaced with 24 foot width of chip and seal. The
estimated cost for completion of this work: $17,000.00
2. The water storage tank remains to be set on its
permanent location. Estimated costs: $ 1,000.00
3. Supplementary well must be drilled and pump house
installed including water treatment facility.
Estimated cost:
4. Two inch water line must be installed from well
to pump house. This distance is currently
unknown but will in any event be completed prior
to final plat approval.
$15,000.00
5. Incidental grading. Estimated cost: $ 2,000.00
Of the above referenced items, only the chip and seal of
the roads will not be completed by final plat approval, with the
remaining items being mentioned due to their being incomplete at
this time. I would also note that the telephone and cable TV
will be installed together with the underground electrical lines,
at no charge. Holy Cross will receive, within the next three
weeks, full payment for installation of the electrical service
lines.
• 1
Page 2
July 12, 1979
Although, my client is willing to have the improvements
agreement secured by any of the lots within the subdivision,
he suggests that Lot 15, being 15 acres in size, is the most
valuable lot and is willing to have it serve as security for
the improvements. I have reviewed the proposed form of sub-
division improvements agreement (Jefferson County model) and
find it to be generally acceptable. Please let me know if
you need further information in this regard.
Yours very truly,
DAN KERST
DK/sr
C - Al Storey
Ray Baldwin
• •
Rugu,s t 24, 1980
Garfield County Board of County Commissioners
P. 0. Box 640
Glenwood Springs, Coloredo 81601
Gentlemenr:
GARFIELD COMOTY ^r; "1
JOU Or
Re: Lion's Ridge Estates
bubdivision
Al itorey, Developer
The above c .eveloper has sealed and chipped the access road
into Lion's Ridge Estates subdivision for the purpose of Garfield
County to accept the road into the county road mintenance system.
This road leaves county road 100, approximately 1/4 mile north
of Catherine Store, where it crosses over an irrigation ditch called
The basin Ditch. to the west, approximately 70 feet, county road 100
also crosses over The Basin Bitch..
she iasin Ditch serves several ranches with the primary principals
being Oscar Cerise, Jean mlue,, Jack Jenkins, Dr. Gilley and she Aanch
at Roaring Fork. All ranches adnate their time to mainteance of The
.tasin Ditch, which can present ranching problems when the maintenance
of the ditch is excessive. .,y crossing a sealed and chipped county
road at The Basin Ditch's easement with crpcked equipment will cause
an excessive maintenance problem.
The basin aitch is currently envolved in legal discussions with Mr.
Al Morey and Lion's ,.Liege estates nom owners Association.: de would
like to ask the County commissioners to post -pone a decision regarding
acceptance of the Lion's lsid.ge 2,states road into the counLy road
sys}ems until the legal discussions concerning ±he Basin Ditch have
been resolved.
Sincerely,
The Dasin Ditch
.uee Blue, secretary
•
JOHN R. SCHENK
DAN KERST
SCHENK & KERST
ATTORNEYS AT LAW
SUITE 209, VILLAGE PLAZA
GLENWOOD SPRINGS, COLORADO 81601
August 21, 1980
Garfield County Planning Department
Ray Baldwin, County Planner
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Lion's Ridge Estates Subdivision
Gentlemen:
Please be advised that the final surfacing of the dedicated
roads in connection with the Lion's Ridge Estate Subdivision has
been completed and the roads are now ready for inspection by the
County. Assuming the roads are acceptable, I would anticipate
the County's release of its security interest in Lot 15 of the
Lion's Ridge Estates Subdivision which was given to secure Mr.
Storey's complete performance of the subdivision improvements
agreement.
Please advise me if you have any questions or if there are
any problems in connection with the County's acceptance of the
completed road and its release of the above referenced security
interest.
Yours ye±y truly,
;DAN KER
DK/sr
c - Al Storey
(303) 945-2447
WHEW OIL MAW