HomeMy WebLinkAbout2.0 AdministrationFrom: Wyatt Keesbery
To: Molly Orkild-Larson
Subject: RE: Pioneer Glen Subdivision - Road Vacations
Date: Monday, March 07, 2011 1:40:06 PM
Molly,
Pioneer Court and Pioneer Drive have never been put in the county road system, so there should
be no need to remove them from any maps, or from the HUTF.
Wyatt
From: Molly Orkild-Larson
Sent: Monday, March 07, 2011 12:45 PM
To: Wyatt Keesbery
Subject: Pioneer Glen Subdivision - Road Vacations
Wyatt:
The right-of-ways for Pioneer Court and Pioneer Drive are being vacated. As per Section 4-110 (D)
(2) ..."the Road and Bridge Supervisor shall delete said roadway or portion of said roadway form all
County Road maps submitted to the State of Colorado and all reports submitted to the State
claiming said road or right-of-way as a County Road maps and road reports submitted to the State
of Colorado which require prior approval by the Board of County Commissioners shall indicated all
roads and rights-of-way deleted from the County Road system in the previous calendar year."
This road vacation is different from others that the R&B have dealt with since this subdivision and
it's road were never built.
Give me call to discuss further (970) 625-5903.
Thanks,
Molly
Timeline Waiver
Specified in the Unified Land Use Resolution (2008)
And Colorado Revised Statutes
/7. Z/,0
Date
1 /0A4 -7460/A)/ (print name) hereby waive any
applicable timelines specified in the Garfield County Unified Land Use Resolution
(2008) and in the Colorado Revised Statutes for scheduling and/or conducting a
public hearing before the Garfield County Planning Commission and/or the Board
of County Commissioners for //a al /a `' l dic,or +
(project name and number). - , L Rum_ 64fl,
Sincerely,
Auth ri ed Applicant or Property Owner
Timeline Waiver
Specified in the Unified Land Use Resolution (2008)
And Colorado Revised Statutes
Date
1 /e, ecemi A�j>i (print name) hereby waive any
applicable timelines specified in the Garfield County Unified Land Use Resolution
(2008) and in the Colorado Revised Statutes for scheduling and/or conducting a
public hearing before the Garfield County Planning Commission and/or the Board
of County Commissioners forh4 !',�r-rf //i'/,' /1d �l r
(project name and number).
Sincerely,
ut jized Applicant or Property Owner
f cru ). ,,07, E
REFERRAL FORM
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
cksq
Date Sent: October 5, 2010
Return Requested:
File Number/Name(s)
Project Name(s)
Type of Application(s)
RVAC 6496
Pioneer Glen Subdivision and Road
Vacation within subdivision
Road Vacation
Staff Planner: Molly Orkild-Larson morkild-larson@a?garfield-county.com
Phone: 970-625-5903
Applicant: Metcalf Property Management, LLC
Phone: 970-216-5404
Contact Person: Toby Guccini
Phone: 970-379-5001
Location: Pioneer Glen Subdivision, County Road 300, Parachute, CO
Summary of Request: Vacate the Pioneer Glen Subdivision and roads within the subdivision
Planning Commission
The Garfield County Planning Department has received a land use request as referenced above. Your comments
are an important part of the evaluation process. In order to review all appropriate agency comments and
incorporate them into the Staff Report, we request your response by October 25.2010
GARFIELD COUNTY
Office or Division
OTHER
Number or Detail
Road & Bridge
X
Engineering
Attorney
X
County Surveyor
Housing
Planning Commission
Sheriffs Dept.
Board of County Commissioners
Vegetation Manager
County manager
Nubiio .
X (2)
COLORADO STATE
LOCAL/FED GOVT ENTITIES
Water Resources / State F.neineer
Town —Parachute
X
Geological Survey (Fee)
County — Eagle/Mesa/RioBlanco/Pitkin
Department of Transportation
Bureau of Land Management
Water Conservancy Board
US Forest Service
Mined Land Reclamation Board
U.S. Army Corps of Engineers
Health Department
Forest Service (Fee)
Wildlife Division (GWS Office)
DISTRICTS/SERVICES
IIS West
Public Service
Holy Cross Electric
AT&T
School District — RE -1, RE -2, 16
Fire District — Carbondale
Soil Conservation District
Water/Sanitation
RFTA
Molly Orkild-Larson
From: Molly Orkild-Larson
Sent: Wednesday, September 29, 2010 3:04 PM
To: 'Toby Guccini'
Subject: RE: Pioneer Glen Subdivision
Toby:
I reviewed your property owners within 200 feet of the Pioneer Glen Subdivision and have the following comments:
• 2407-083-00-152 is miss labeled in the Assessor records. The correct parcel number is 2407-081-00-152. Add
this property owner to your list.
• 2409-242-00-156 is more than 200 feet from the subdivision property line, take off of the list.
• 2409-242-11-001 is a lot within the subdivision, take off of the list.
• 2409-133-00-013 and 2409-242-00-104 are not on your list and should be added.
Please revise your list and resubmit.
Thanks,
Molly
From: Toby Guccini [mailto:toby@teamrmr.com]
Sent: Tuesday, September 28, 2010 5:40 PM
To: Molly Orkild-Larson
Subject: Re: Pioneer Glen Subdivision
Molly:
here are the adjoining property owners within 200' on all four sides. These are all larger parcels themselves and
any of the next property owners are well over 2000' from Pioneer Glen.
You will notice 3 of the 5 owners are the Metcalf's themselves.
One owner, Speakman, across 300 Road.
the 5th owners shows no name and just a parcel number according to County records ? may be a part of the
Battlement Mesa PUD (1 think it is the RV Park above Pioneer Glen), or it is Garfield County property along 300
road ?
anything eke please let me know, 1 will be back in the office on Thursday the 30th.
Toby
----- Original Message
From: Molly Orkild-Larson
To: Toby Guccini
Sent: Tuesday, September 28, 2010 2:55 PM
Subject: Pioneer Glen Subdivision
Toby:
1
Thank you for getting me the letter of authorization and the recorded statement of authority. I'm wanting to get this
before the BOCC on October 491 for them to determine which agencies/departments shall review the application for
road and subdivision vacation. However, to do this I need to deem this application complete and will need the names
and addresses dell property owners adjacent to the subject property proposed for vacation.
Thanks,
Molly
2
/t5
Property
Address
e
NIA
Street Direction
N/A
Street
N/A
Street Suffix
N/A
Vicinity
PARACHUTE
Business Name
N/A
Subdivision Name
N/A
Block
N/A
Lot
N/A
Condo Name
N/A
Condo Unit
N/A
Dwelling Units
1,00
Acres
35.2
Land Sq Ft
NIA
Owner
Owner
METCALF, LORI
Care of 1
N/A
Caro of 2
NIA
Owner Address
5091 COUNTY ROAD 300
Owner City
PARACHUTE
Owner State
CO
Owner ZIP
81635-9487
Assessor
Parcel Number
240924200155
Tax District
27
Tax Exempt Entity
PRIVATE OWNERSHIP
City or County
Unincorporated Garfield County
Zoning Description
Rural
Land Use 1
SINGLE FAM.RES-IMPROVEMTS
Land Use 2
SINGLE FAM.RES: LAND
Land Use 3
N/A '
Land Use 4
N/A
Land Use 5
N/A
Reception No
782824
Book
N/A
Page
N/A
Legal Description
Section: 24 Township: 7 Range: 96 PARCEL 2, A
PARCEL OF LAND IN THE W1/2
Township
N/A
(P ZOO
/ r, 'e4 ;,,te4
Property
Address
N/A
Street Direction
N/A
Street
N/A
Street Suffix
N/A
Vicinity
PARACHUTE
Business Name
N/A
Subdivision Name
N/A
Block
NIA
Lot
N/A
Condo Name
N/A
Condo Unit
N/A
Dwelling Units
0.00
Acres
35.02
Land Sq Ft
NIA
Owner
Owner
METCALF, CARL M11
Care of 1
N/A
Careof2
N/A
Owner Address
4827 COUNTY ROAD 300
Owner City
PARACHUTE
Owner State
CO
Owner Z
81635
Assessor
Parcel Number
.t-
240924200156
Tax District
27
Tax Exempt Entity
PRIVATE OWNERSHIP
Unincorporated Garfield County
City or County
Zoning Description
Rural
Land Use 1
35 AC TO LJT 100 AC
Land Use 2
N/A
Land Use 3
N/A
Land Use 4
N/A
Land Use 5
N/A
Reception No
765918
Book
N/A
Page
N/A
Legal Description
Section: 24 Township: 7 Range: 96 PARCEL 3, A
PARCEL OF LAND IN THE W1/2
Township
N/A
(P ZOO
/ r, 'e4 ;,,te4
0 g -//e.)
j� �� Getty" f X -c' e4ire,7;
Property
Address
N/A
Street Direction
N/A
Street
N/A
Street Suffix
N/A
Vicinity
PARACHUTE
Business Name
N/A
Subdivision Name
PIONEER GLEN SUB
Block
N/A
Lot
1
Condo Name
N/A
Condo Unit
N/A
Dwelling Units
0.00
Acres
4.066
Land Sq FI
N/A
Owner
Owner
METCALF PROPERTY MANAGEMENT LLC
Care of 1
N/A
Care of 2
N/A
Owner Address
73 SIPPRELLE DRIVE, SUITE F
Owner City
PARACHUTE
Owner State
CO
Owner ZIP
81635
As;.;r;
Parcel Number
i ,., , ,0-34
Tax District
27
Tax Exempt Entity
PRIVATE OWNERSHIP
City or County
Unincorporated Garfield County
Zoning Description
Rural
Land Use 1
1 AC TO L/T 5 AC
Land Use 2
N/A
Land Uso 3
N/A
Land Use 4
N/A
Land Use 5
N/A
Reception No
782406
Book
N/A
Page
N/A
Legal Description
Section: 24 Township: 7 Range: 96 Subdivision:
PIONEER GLEN SUB Lot: 1
Township
N/A
0 g -//e.)
j� �� Getty" f X -c' e4ire,7;
f=- q/206
Pro a erty
Address
N/A
Street Direction
N/A
Street
N/A
Street Suffix
N/A
Vicinity
PARACHUTE
Business Name
N/A
Subdivision Name
N/A
Block
N/A
Lot
N/A
Condo Name
N/A
Condo Unit
N/A
Dwelling Units
1.00
Acres
103.25
Land Sq Ft
N/A
Owner
Owner
SPEAKMAN, JAMES EUGENE & MONIQUE TERESA
Care of 1
N/A
Care of 2
N/A
Qwner Address
5242 COUNTY ROAD 300
Owner City
PARACHUTE
Owner State
CO
Owner ZIP
81635
Assessor
Parcel Number
240924400124
Tax District
27
Tax Exempt Entity
PRIVATE OWNERSHIP
City or County
Unincorporated Garfield County
Zoning Description
Rural
Land Use 1
FARM/RANCH RESIDENCE -IMPS
Land Use 2
IRRIGATED LAND-AGRICLTRL.
Land Use 3
ALL OTHER AG LAND
Land Use 4
GRAZING LAND-AGRECULTURAL
Land Use 5
N/A
Reception No
768181
Book
N/A
Page
NIA
Legal Description
Section: 24 Township: 7 Range: 96 SEC 24 NWSEN
NESE, THAT PORTION OF THE NESW LYING S. OF
THE CO. RD. EXCEPT A TR OF LAND CONT. 16.75 AC
/• AS DESC IN BNDY LINE ADJ PLAT REC k 759297 &
AFFDAVIT REC 4 759296 & QCD REC # 759295.
Township
N/A
f=- q/206
j CSF" 200
Property
Address
NIA
Street Direction
N/A
Street
N/A
Street Suffix
N/A
Vicinity
N/A
Business Name
N/A
Subdivision Name
N/A
Block
N/A
Lot
N/A
Condo Name
N/A
Condo Unit
N/A
Dwelling Units
N/A
Acres
N/A
Land Sq Ft
_
N/A
Owner
Owner
N/A
Care of 1
N/A
Care of 2
N/A
Owner Address _
N/A
Owner City
N/A
Owner State
N/A
Owner ZIP
N/A
Assessor
Parcel Number
240708300152
Tax District
N/A
Tax Exempt Entity
PRIVATE OWNERSHIP
City or County
Unincorporated Garfield County
Zoning Description
Planned Unit Development
Land Use 1
N/A
Land Use 2
N/A
Land Use 3
N/A
Land Use 4
N/A
Land Use 5
N/A
Reception No
N/A
Book
N/A
Page
NIA
Legal Description
N/A
Township
N/A
j CSF" 200
Active Letters of Credit
Name
LOC #
Current
Original
Bank
Expiration Date
Status
Amount
Amount
Boles, Sandra
For the benefit or Cahn Muret
1160103033
53,691.20
53,691.20
Alpine Bank Battlement Mesa
August 17, 2011
Chevron USA
L5LS-699980
514,012,380.00
$25,000,000.00
JP Morgan Chase
October 15, 2009
Darter LLC and Grace Homes Construction
Waley View Wage
SLCPPDx03695
56,000.00
56,000.00
WestStar Bank/US Bank
January 19, 2008
Darter 110 and Grace Homes Construction
Miley View wage
SLCPPDx03991
56,000.00
$6,000.00
US Bank
August 27, 2009
Darter LLC
Grading Permit G2008-56
147
5106,645.00
5108,645.00
American National Bank
September 4, 2009
Lehman Brothers Holding Inc.
Rose RH+dr
Roaring Fork Investments LLC
Ironbridge P.uD. Phase t
S304308
5125,27415
53,179,077.21
5100,000.00
Key Bank
Wells Fargo _
June 30, 2009
September 4, 2009
Noble Energy
NTS604824
5100,000.00
Noble Energy
NTS604830
55,000.00
55,000.00
Wells Fargo
September 4, 2011
Public Service Company of Colorado
CPCS-815058
512,500.00
512,500.00
WeEis Fargo
Fetxuary 5, 2011
February 5, 2011
Public Service Company of Colorado
CPCS-815060
5100,000.00
5100;000.00
Welts Fargo
Rudd, Wayne G.
Overview Subdivision
550977833
541,800.00
$41,600.00
5600,000.00.
Alpine Bank Basalt
Alpine Bank Durango
February 1, 2009
April 24, 2008
Sax, Joel and Rifle Facility LLC
Genco Airport Hanger
6250320233
5600,000.00
Sift Heights
Terri Petrick
1640111933
552,260.60
552,260.60
Alpine Bank Rifle
January 1, 2010
February 12, 2010
Silt Heights
Terri Petrick
640117333
51,250.00
51,250.00
Alpine Bank Rifle
Slate River Resources LLC
BOKO6SDP01584
514,250.00
514,250.00
Colorado State Bank and Trust
August 14, 2008
Specialty Restaurants Corporation
Pioneer Glen Subdivision
M860512958
5441,259.50
5441,269.50
Bank of the West
January 28, 2011
Springridge Reserve
Phase 3
595000046
520,000.00
520,000.00
Bank of Colorado
May 30, 2010
Springridge Reserve
Phase 4
5959000048
522,000.00
522,000.00
Bank of Colorado
May 30, 2010
Sun Meadow Estates LLC
160295433
$445,297.50
5445,297.50
Alpine Bank Glenwood Springs
December 31, 2010
Woodward, Robert G.
Alport Searcy- Hanger Agreement
3133001
5550,000.00
5550,000.00
Community Banks of Colorado
February 28, 2010
O. EW<SJREn_E11ERS OF CRECITONCEX
89.2010
Garfield County
September 29, 2010
Mr. Toby Guccini
P.O Box 88
New Castle, CO 81647
BUILDING & PLANNING DEPARTMENT
RE: Metcalf Property Management Road Vacation RVAC 6496
Dear Mr. Guccini:
I am writing this letter regarding the request for a Road Vacation of the roads within the Pioneer Glen
Subdivision by the Metcalf Property Management, with you as their representative. The application has
been deemed Technically Complete. Please understand that a determination of technical completeness
by this office shall not be deemed a recommendation of approval, finding of adequacy of the
application, or a finding of general compliance with any regulations, goal, policy, or objective of the
Garfield County Regulations.
The next step is to set a date for a public meeting before the Board of County Commissioners for
agency/department referrals and to determine dates for future public hearings before the Planning
Commission and the Board. The meeting date for referral by the Board is Monday, October 4th, 2010 on
the Public Meeting Agenda which begins at 1:15 AM. The meeting will be held in the Commissioners'
Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601.
As a matter of process, the Planning Commission and Board of County Commissioners will hold an
advertised public hearing on the proposed Road and Subdivision Vacation at future, regularly scheduled
meetings, on dates to be determined at the October 4th Board meeting. The Applicant shall be solely
responsible for the required public notice and will be advised by Planning Staff on notification
requirements following announcement of the public hearing dates.
Do not hesitate to contact this office should you have further questions.
Sincerely,
f1/uiCCc> �s til
6
Molly Orki -Larson. AICP, RU+
Molly Orkii -Larson, RLA
Senior Planner
970-625-5903
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
BUILDING & PLANNING DEPARTMENT
September 14, 2010
Mr. Toby Guccini
P.O. Box 88
New Castle, CO 81647
RE: Road Vacation -. RVAC-7-10-6496
Dear Mr. Guccini:
am writing this letter regarding the Metcalf Property Management, LLC application for road
vacation. At this time the application does not include all required information per Garfield
County Regulations. The application is therefore deemed incomplete and withdrawn. As per
Article 4, Section 4-103 (C) (1) of the Unified Land Use Resolution of 2008, as amended
(ULUR), "If the applicant fails to correct the deficiencies within sixty (60) calendar days, the
application shall be considered withdrawn and returned to the applicant." Should the applicant
desire to submit (re -submit) this application they are able to do so pursuant with the regulations
contained within the ULUR. However, there is no guarantee that the same planner will be
assigned to the new application. Please note that a new application fee will be charged with this
submittal.
Sincerely,
Molly Orkild-Larson, AICP, RLA
Senior Planner
970-625-5903
0375 County Road 352, Building #2060 • Re, CO 81650 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 625-5900 • Fax: (970) 625-5939 (970) 945-8212 • Fax: (970) 384-3470
110 DIY i raAli9d1,i14 as'il'1'IO'ler 1111
Receptionki: 772901
08105/2009 09 50:49 AM Jean Alberice
t of 2 Rec Fee.$0 00 Doc Fee:0.00 GARFIELD COUNTY CO
FIRST AMENDMENT
TO PIONEER GLEN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS FIRST AMENDMENT TO SUBDIVISIO1Y IMPROVEMENTS
AGREEMENT, is made and entered into this ZC''` day of j2009, by and between
Specialty Restaurants Corporation ("Owner") and the Board of County Commissioners for
Garfield County, Colorado ("Board").
Recitals
1. On the 21st day of July, 2008, Owner and the Board executed, pursuant to the
requirements and provisions of Section 5 of the Subdivision Regulations of Garfield County,
Colorado of 1984, as amended, a Subdivision Improvements Agreement ("SIA") securing to the
satisfaction of the Board the completion of construction of all subdivision improvements for the
Pioneer Glen Subdivision. A copy of the SIA executed on this date was recorded in the records
of the Clerk and Recorder for Garfield County, Colorado as Reception No.753017, the terms and
conditions of which are incorporated by this reference.
2. Subsequent to the execution of the SIA, Owner encountered conditions beyond its
reasonable control, to wit: the local economic conditions turned extremely depressed and the real
estate market came to a virtual standstill,
3. As hereinafter set forth, Owner and the Board have agreed to amend the SIA to extend
the completion date of the subdivision infrastructure improvements.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time period for the completion by Owner of all remaining subdivision improvements
shall be extended to Tv( Zf , 2010.
2. The Letter of Credit shall be extended to a date six months from the extended completion
date established herein.
3. All remaining provisions of the SIA, not modified herein or otherwise affected by this
First Amendment to Subdivision Improvements Agreement, shall remain in full force and effect.
L.:`capital\G LEN WOOD2.58616 SIA AmendrnenLdoc
III !IVAPhll aifig 11I11
Recept1onUU: 772901
08105/2009 09:50:49 Ail Jean Alberico
2 of 2 Rec ree:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
ENTERED INTO the day and year first above written.
Owner: SPECIALT STAT RANTS CORPORATION
By:
State of Ca " • is
County of Orange
John D. Tallichet
)SS
)
The forgoing instrument was acknowledged before me this day of
2OO by 175M3 rg L.LI cge`r- , Authorized signatory for Owner, S siry 5T
WITNESS MY HAND AND SEAL
Notary Public
Cl
41k,
LYNETTE KEL i;;r
Commission # 1653359 1
r- Notary Public - California
F3 Orange County
My Comm, Expires Mar 21, 2010
My Commission Expires: 3 -02-1-/0
BOARD OF
OR GARF
Y COMMISSIONERS
UNTY, COLORADO
By
ATTE
$ 3 b
er tote oar
L.Acapital1GLP.NWOOD.50616 S1A Amendment.doc
BANKOti W ES A
DATE:AUGUST 05, 2010
AMENDMENT TO STANDBY LETTER OF CREDIT
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY ("BOCC")
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
BANK OF THE WEST
GLOBAL TRADE SERVICES
1977 SATURN STREET, SC-MPK-02-G
MONTEREY PARK, CA 91755
SWIFT:BWSTUS66LAX
IN ALL CORRESPONDENCE PLEASE QUOTE OUR CREDIT REFERENCE NUMBER.
STANDBY LIC NO.: MB60512959
AMENDMENT REF. NO.: AMD002
ISSUED DATE: 7/9/2008
BENEFICIARY: APPLICANT:
BOARD OF COUNTY COMMISSIONERS OF SPECIALTY RESTAURANTS CORPORATION
GARFIELD COUNTY ("BOCC") 8191 E. KAISER BOULEVARD,
108 8TH STREET, SUITE 213 ANAHEIM, CA 92808
GLENWOOD SPRINGS, CO 81601 USA
THE ABOVE STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
THIS LETTER OF CREDIT IS NOW CANCLLED IN ITS ENTIRETY.
PLEASE SIGNIFY YOUR ACCEPTANCE OF THIS CANCELLATION AMENDMENT BY SIGNING AND
RETURNING THE ATTACHED COPY, ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND ALL
AMENDMENTS (IF ANY).
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS IS THE OPERATIVE INSTRUMENT WHICH FORMS
AN INTEGRAL PART OF STANDBY LETTER OF CREDIT NO.MB60512959 AND IS TO BE ATTACHED THERETO.
PLEASE SIGNIFY YOUR ACCEPTANCE OF THIS AMENDMENT BY SIGNING AND RETURNING THE ATTACHED COPY.
BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY ("BOCC")
AUTHORIZED SIGNATURE:
NAME:
TITLE:
DATE:
(--)T1C^,,1
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
GLOBAL TRADE SERVICES/TEAM NO 02 GLOBAL TRADE SERVICES/TEAM NO 02
MB60512959 Page 1 of 1 SIAMDMMI
GarfieldCounty
July 13, 2010
Mr. Toby Guccini
P.O. Box 88
New Castle, CO 81647
RE: Road Vacation - RVAC-7-10-6496
Dear Mr. Guccini:
BUILDING & PLANNING DEPARTMENT
I am writing this letter regarding the Metcalf Property Management, LLC application for a road
vacation. At this time the application does not include all required information per Garfield
County Regulations. The application is therefore deemed technically incomplete and the
Planning Department will not process this application any further until the following information,
listed below, has been provided to the satisfaction of this office. Please address the following
items and submit four copies of the modified information to this office so that we may continue
the review of this application:
ULUR Section 4-110 Vacation of a County Road or Public Rights of Way (Resolution
2009-53)
A. Authority & Purpose. The provisions of §43-2-301, et. Seq., C.R.S., as amended shall
control all vacation proceedings considering a petition to vacate or abandon the entire width
of any public or county road or right-of-way shall follow these provisions in addition to all
other requirements of state law. For all other applications to vacate or abandon a public
road right-of-way, submittal to the Planning Commission may not be required, pursuant to
the direction of the Board of County Commissioners.
B. Application. An application or petition to vacate a public or county road right-of-way
shall contain the following information:
1) A vicinity map showing the following:
a. The location of adjacent properties and any structures within 200 feet of the
boundaries of the vacation, including any publicly owned land;
b. Land uses for those adjacent properties;
c. Location of all existing utilities in or adjacent to the proposed vacation;
d. Existing road rights-of-way within a 200 feet radius of any proposed vacation; and
e. A survey and map containing a legal description a graphic depiction of the proposed
vacation suitable to be recorded in the office of the 'County Clerk and Recorder.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax.• (970) 384-3470
2) All additional materials necessary to adequately review the application as determined by
the Building and Planning Director within fifteen (15) working days following submittal.
3) A description of the current condition of the road or right-of-way, a traffic analysis of
current uses, a description of any gates placed upon the road of right-of-way, a
description of the current and historic uses of the roadway and the position of the
applicant concerning continued use of the roadway for non -motorized public use.
4) A letter from any involved utility company stating the company's position on the
proposed vacation.
5) A letter from any affected fire district stating that district's position on the need for
maintaining the right-of-way for emergency use.
6) A statement indicating whether or not the proposed vacation has ever been established
as a county road,
7) A title opinion from an attorney or title company stating the basis (deed, dedication,
prescription, etc.) for the interest in the public or county.
8) A Statement indicating whether or not the proposed vacation provides any access to
public lands. (If the proposed vacation concerns a road or right-of-way that extents to
public land, the application shall include evidence that all posting, publication and
notification required by §43-2-201.1, C.R.S., as amended, has occurred at least
eighteen (18) months prior to the date of submittal of the application.)
9) Names and addresses of all property owners adjacent to that portion of the right-of-way
proposed for vacation, including any public land owners.
10) Four (4) copies of all information required by this section II.
Please note, as per Section 4-103 (C) (1), if the application is not complete, the Director shall
inform the applicant of the deficiencies in writing and shall take no further action on the
application until the deficiencies are remedied. If the applicant fails to correct the deficiencies
within sixty (60) calendar days, the application shall be considered withdrawn and returned to
the applicant.
Sincerely,
L
Molly Orkild- arson, AICP, RIA
Senior Planner
970-625-5903
2
Mt.
BANK WEST°
DATE: JULY 06, 2009
AMENDMENT TO STANDBY LETTER OF CREDIT
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY (" BOCC")
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
IN ALL CORRESPONDENCE PLEASE QUOTE OUR CREDIT REFERENCE NUMBER.
STANDBY L/C NO.: M860512959
AMENDMENT REF. NO.: AMD001
ISSUED DATE: 7/9/2008
BANK OF THE WEST
GLOBAL TRADE SERVICES
1977 SATURN STREET, SC-MPK-02-G
MONTEREY PARK, CA 91755
SWIFT: BWSTUS66LAX
BENEFICIARY: APPLICANT:
BOARD OF COUNTY COMMISSIONERS OF SPECIALTY RESTAURANTS CORPORATION
GARFIELD COUNTY ("BOCC") 8191 E. KAISER BOULEVARD,
108 8TH STREET, SUITE 213 ANAHEIM, CA 92808
GLENWOOD SPRINGS, CO 81601 USA
THE ABOVE STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
NEW EXPIRY DATE: JANUARY 28, 2011
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS IS THE OPERATIVE INSTRUMENT WHICH FORMS.
AN INTEGRAL PART OF STANDBY LETTER OF CREDIT NO. MB60512959 AND IS TO BE ATTACHED THERETO.
•
AUT RIZED SIGNA RE
GLOBAL TRADE SERVICES
TEAM NO 02
�T l
AUTHORIZED SIGNATURE
GLOBAL TRADE SERVICES
TEAM NO 02
MD60512959 Page 1 of 1 SIAMDMMI-1
075.40022 t06102j
BANKTISEWEST
DATE: JULY 9, 2008
IRREVOCABLE STANDBY LETTER OF CREDIT
TO:
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
IN ALL CORRESPONDENCE PLEASE QUOTE OUR REFERENCE NUMBER.
MB60512959
BANK OF THE WEST
GLOBAL TRADE SERVICES
1977 SATURN STREET, SC-MPK-02-G
MONTEREY PARK, CA 91755
TEL: 323-727-6304
FAX: 323-727-6405
SWIFT: BWSTUS66LAX
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. MB60512959
IN FAVOR OF BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY ("BOCC")
108 8TH STREET, SUITE 213
GLENWOOD SPRINGS, CO 81601
FOR ACCOUNT OF (APPLICANT):
SPECIALTY RESTAURANTS CORPORATION
8191 E. KAISER BOULEVARD,
ANAHEIM, CA92808
USA
Establishment/Face AmountlPuroose/Expiration Date/Transferability
We hereby issue, at the request of the Applicant, Irrevocable Standby Letter of Credit No. M660512959 in
an amount not to exceed Four Hundred Forty One Thousand Two Hundred Fifty Nine Dollars and Fifty
Cents ($441,259.50). Applicant advises that the purpose of this Tetter is to secure the Applicant's
rformance of and compliance with the agreement between Applicant and Beneficiary, dated
200g and titled "Pioneer Glen Subdivision, Subdivision Improvements Agreement". This
L er of Credit expires at Bank of The West, Metro Denver Office, 633 17th, Suite 2000, Denver, Colorado,
or at Bank of The West, Global Trade Services SC-MPK-02-G, 1977 Saturn Street, Monterey Park, CA
91755, at 5:00 p.m. Mountain Standard Time on July 28, 2010. This letter is not transferable.
Partial Releases
Partial draws are permitted. The BOCC may authorize periodic reductions in the face amount of this
Letter of Credit. The amount of this letter of credit will be irrevocably reduced on receipt by Bank of The
West of letter from Board of County Commissioners of Garfield County (BOCC) referencing this letter of
credit number and authorizing Bank of The West to decrease the Tetter of credit amount by the amount
indicated in letter. Upon such reduction, the Bank shall be relieved of responsibility and liability under
the terms and conditions of this letter of credit for the amount of the reduction.
Conditions for Payment to Beneficiary
Drafts at sight drawn on Bank of The West, Monterey Park, California, or, at Beneficiary's discretion, Bank
of The West, Denver, Colorado, submitted by Beneficiary must be accompanied by the following
documents:
1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's authorized
officer stating:
Specialty Restaurants Corporation, developer of Subdivision is in default of its obligations set forth in
that certain Subdivision Improvements Agreement between Specialty Restaurants Corporation and the
BOCC, dated JULY 2,1 ,200, and recorded as Reception Number 75 3631`7 in Book
IV A at Page { JJ - of the Real Estate Records of the Office of the Garfield County
Clerk and Recorder.
SLCFSSM3
075-40022 (08102)
Page 1 of 2
BANK&WEST
MB60512959
BANK OF THE WEST
GLOBAL TRADE SERVICES
1977 SATURN STREET, SC-MPK-02-G
MONTEREY PARK, CA 91755
TEL: 323-727-6304
PAX: 323-727-6405
SWIFT: BWSTUS66LAX
2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board of
County Commissioners of Garfield County, Colorado in the amount of $ (insert drawing amount),"
manually signed by the Chairman or the BOCC's authorized representative.
Cancellation
To cancel prior to the expiration date, this Letter of Credit and amendments, if any, must be returned to us
for cancellation with a statement signed by Beneficiary, stating: "This Letter of Credit No. MB60512959 is
no longer required by the BOCC and is hereby returned to the issuing bank for cancellation."
Issuer's Undertaking
We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of
Credit if presented, together with the documents above specified, to Bank of The West, Global Trade
Services SC-MPK-02-G, 1977 Saturn Street, Monterey Park, CA 91755 or at Beneficiary's discretion to
Bank of The West, Metro Denver Office, 63317th, Suite 2000, Denver, Colorado, on or before the date of
expiration identified above. This letter is issued subject to the Uniform Customs and Practices for
Documentary Credit ( 2007 Revision), International Chamber of Commerce Publication Number 600 and
the Uniform Commercial Code at C.R.S., §4-1-101 et seq., as amended, and the Laws of the State of
Colorado.
Presentation of documents may be made by hand delivery, messenger service, courier service, registered
or certified mail; and overnight mail.
All payments under this letter of credit shall be made by transfer to Beneficiary's account with us or with
another bank. We will rely solely on the account number specified' in your wire transfer instructions
without concern for its correctness.
AUTHORIZED SIGNATURE
BANK OF THE WEST, GLOBAL TRADE SERVICES
MARISA SUEN, VICE PRESIDENT
SLC4 SM
075.40022 {08102)
AUTHO
BANK OF
MIEN S
D SIGNAT
HE WEST,
SUPERVISOR
OBAL TRADE SERVICES
Page 2 of 2
1111 N'loll!�>�i,�1I�,Wit,4�Gi,l�{,1 1 1f,{H1A 1 Nl
Reception#: 753017
VOT5J2008 D8.3622 TI Jean fa 161Go
1 of 2b Rec Fee�50.0D Doc Fee D.DD GARFIELD COUNTY CO
PIONEER GLEN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS Pioneer Glen Subdivision, formerly known as Parcel 1 of the Lynch & Chanes Property
35 acre Exemption Plat, ("Subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT
("SIA") is made and entered into this V day of .l , 200 8 , by and between
Specialty Restaurants Corporation ("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").
WHEREAS, Owner is the owner and developer of the Subdivision, which property is
depicted on the Final Plat of Pioneer Glen Subdivision ("Final Plat" or "Final Plat of the
Subdivision"); and
WHEREAS, on the 7th day of January, 2008, the BOCC, by Resolution No. 2008-66,
approved a preliminary plan for the Subdivision which, among other things, would create six (6)
single-family residential lots and one (1) open space/common area parcel ("Preliminary Plan
Approval"); and
WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for the
Subdivision as required by the laws of the State of Colorado, Owner wishes to enter into this SIA
with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral 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, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the BOCC and Owner ("Parties") agree as follows:
1111 EAllrliaiNli,hlrlifilriirfiuiliftrilid 1111
Reception#: 753017
07125/2068 06.36.22 nm Jean Alberico
2 of 26 Rec Fee•S0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 Garfield County zoning and subdivision
regulations and any other governmental or quasi -governmental regulations applicable to the
Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA
and at the time prescribed herein.
2. OWNER'S 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 jurisdiction. The Subdivision Improvements, except for
revegetation, and including off-site 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, including off-site improvements, prepared by Boundaries Unlimited
Inc, and submitted to the BOCC on February 27, 2008, 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"; and all other
documentation required to be submitted along with the Final Plat under pertinent
2
■III t'.I'��1Y,W�,���,G��,ti�iG,fi�� i�i�l��.lf4'� 11 III
Reception# 753017
07l25120D8 De35:22 AM lean A16erioo
3 O 26 o Fee ii2320 Doc Fee;D.00 GpRFlELD COUNTY CO
sections of the Garfield County subdivision and zoning regulations ("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 authority(ies) with jurisdiction.
iv. The provisions of this SCA.
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 to be submitted upon completion of the Subdivision
Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SIA,
then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary
Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision
regulations, with respect to the installation of Subdivision Improvements, including off-site
improvements and revegetation.
3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE -
VEGETATION).
a. Subdivision Improvements Letter Of Credit and Substitute Collateral. As
security for Owner's obligation to complete the Subdivision Improvements other than
revegetation, and including off-site 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"). The LOC shall be in the amount of four -hundred forty-one thousand
3
■IIIsllll
Receptionii; 753017
07/25/2008 88.36 22 AM Jean RJberico
4 of 26 Rec Fee:$0.00 Doc Fee:O 00 GPRFIELD COUNTY CO
two hundred fifty-nine dollars and fifty cents $441,259.50, representing the full estimated cost
of completing the Subdivision Improvements, including off-site improvements and
revegetation, with a sufficient contingency to cover cost changes, unforseen costs and other
variables (not less than 10% of the estimated cost and as approved by the BOCC), 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.
b. 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.
c. 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
4
1111 in ,M1/1,Wiii IR IOLAWiLlfil Will 11111
Reception4: 753017
07/25/2008 08:36:22 RM Jean Alberioo
5 of 26 Rec Fee:$0.00 Doc Fee:0.OD GRRFIELD COUNTY CO
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.
d. Unenforceable LOC. Should the LOC 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 SCA shall become void and of no force and effect and
the Final Plat shall be vacated pursuant to the terms of this S1A.
e. 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, 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.
f. 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
5
Reception#: 753017
07725/2008 08:36:22 AM Jean Alberico
6 of 26 Rao Fee40.00 Dao Fee:0.00 6RRFIELD COUNTY CO
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:
i, 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.
ii. [f 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.
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.
iv. With respect to Subdivision Improvements identified as potentially
6
OM PIA �'3�fL ',�I�, l��+� 1 �'�� I' C 41.1, q,II ill
Reception##: 753017
07125/2068 08:36:22 PM Jean Rlberico
7 of 26 Rep Fee.$D.00 Doc Fee 0.00 GARFIELD COUNTY CO
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.I:ii., above, and provide written confirmation of the deficiency(ies) to the Owner.
v. 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.
g. BOCC Com_pletion of [mmrovements and Other Remedies. If the BOCC finds,
within the thirty (30) day period of time, defined in subparagraph 3.1 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 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.
h. Final Release of Security. Upon completion of all Subdivision Improvements,
other than revegetation, and including off-site improvements, Owner shall submit to the
BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp
7
1111 ill11
Receptiont1: 753017
07/25/2038 08:36:22 RM Jean Rlberico
8 of 26 Reo Fee:$0.00 Doc Fee :000 GARFIELD COUNTY CO
of Owner's Engineer certifying that all Subdivision Improvements including off-site
improvements, have been constructed in accordance with the requirements of this SIA,
including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital
format acceptable to the BOCC; 2) copies of instruments conveying real property and other
interests which Owner is obligated to convey to the Homeowner's Association of the
Subdivision at the time of Final Plat Approval, and 3) a written request for final release of
LOC, along with Owner's Engineer's stamp and certificate of final completion of
improvements.
i. The BOCC shall authorize a final release of the LOC after the
Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer
and said final certification is approved by the BOCC. If the BOCC finds that the
Subdivision Improvements are complete, in accordance with the relevant
specifications, the BOCC shall authorize release of the final amount of security, within
ten (10) business days following submission of the Owner's written request for final
release of LOC accompanied by the other documents required by this paragraph 3.h.
ii. Notwithstanding the foregoing, upon Owner's written request for final
release of LOC, accompanied by Owner's Engineer's certificate of final completion
of improvements, the BOCC may inspect and review the Subdivision Improvements
certified as complete, If the BOCC does so review and inspect, the process contained
in paragraph 3.f., above, shall be followed.
iii. If the BOCC finds that the Subdivision Improvements are complete,
in accordance with the relevant specifications, the BOCC shall authorize final release
of security within ten (10) days after completion of such investigation.
8
1111 IV11 iJliNill filiii I, LWLICA li 11111
ReceptIoflt. 753017
07/25/2008 08:36.22 AM Jean Alberico
9 of 26 Rec Fee -$O,00 Doc Fee:0.00 GARFIELD COUNTY CO
iv. 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. SECURITY FOR REVEGETATION.
a. Revegetation LOC and Substitute Collateral. Eighteen thousand seven
hundred dollars $18,700 of the face amount of the LOC, specified in Paragraph 3a above,
shall be allocated to revegetation of disturbed areas within the Subdivision ("Revegetation
LOC"), the cost for which is detailed as a subdivision improvement in Exhibit B. The
Revegetation LOC shall be valid for a minimum of two (2) years following recording of the
Final Plat. 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 revegetation.
b. Revegetation LOC General Provisions. The provisions of paragraphs 3 .b.,
3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates,
increase in face amounts, plat recording and plat vacating shall apply to the Revegetation
LOC.
c. Revegetation Review and Notice of Deficiency. Upon establishment of
revegetation, the Owner shall request review of the revegetation work by the Garfield County
Vegetation Management Department, by telephone or in writing. Such review shall be for
the purpose of verification of success of revegetation and reclamation in accordance with the
Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and
recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572,
9
1111N Pi 11111
Reception#: 753017
07/25/2008 00736:22 AM Jean Alberioo
10 of 26 Rec Fee:60-DD Doc Foe:0.00 GARFIELD COUNTY CO
in Book 1251, at Page 566, as amended, and the revegetation/reclamation plan for the
Subdivision submitted as part of the Final Plat Documents. If the Vegetation Management
Department refuses approval and provides written notice of deficiency(ies), the Owner shall
cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation
Management Department, as such efforts may be instituted within the two (2) years following
recording of the Final Plat.
d. Single Request for Release of Revegetation LOC. Following receipt of
written approval of the Vegetation Management Department, the Owner may request release
of the Revegetation LOC and shall do so by means of submission to the BOCC, through the
Building and Planning Department, of a written request for release of Revegetation LOC,
along with certification of completion by the Owner, or Owner's agent with knowledge, and
a copy of the written approval of the Vegetation Management Department. It is specifically
understood by the parties that the Revegetation LOC is not subject to successive partial
releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the
BOCC's associated rights to withdraw funds and bring a court action may survive final
release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a.,
above.
e. BOCC's Completion of Revegetation and Other Remedies. If Owner's
revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the
BOCC upon the recommendation of the Vegetation Management Department, or if the
BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in
its discretion, may withdraw and employ from the Revegetation LOC such funds as may be
necessary to carry out the revegetation work, up to the face amount of the Revegetation
I0
1111 AA WIFIN1,141,141,141iiiriltifOlelnlirh 11111
Reception#: 753017
07125!2008 OB.36;22 RM Jean Alberico
11 of 26 Rec Fee:$0.00 Doc Fee:O.00 GfARFIELD COUNTY CO
LOC. In lieu of or in addition to drawing an the Revegetation 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 related to revegetation. The BOCC shall provide the Owner a reasonable time to
cure any identified deficiency prior to requesting payment from the Revegetation LOC or
filing a civil action.
5. WATER S UPPLY. As stated in paragraph 13, below, prior to issuance by the
BOCC of any certificates of occupancy for residences or other habitable structures constructed
within the Subdivision, Owner shall install, connect and make operable a water supply and distribution
system for potable water, fire protection, and non -potable irrigation water 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(s) shall be as shown
on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed
originals of the instruments of conveyance for easements appurtenant to the water system(s), for
recordation following recording of the Final Plat and this SIA. All facilities and equipment contained
within the water supply system(s) for the fire protection and non -potable irrigation water supply shall
be transferred by Owner to the Homeowner's Association of the Subdivision.
6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner
to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on
the face of the Final Plat. The Homeowner's Association of the Subdivision 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 the Subdivision.
7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
11
■ ll PI Ftririrrliii,Nrilill'illi1li1Olnelf' KAN 11111
RecepEdon#: 753017
07/25!2006 08:36,22 AI' Jean Alberlco
12 of 26 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO
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 Book 1548, at Page 918 and 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.
8. 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.
9. 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 including revegetation 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
12
■III Fl VIM IV 1'ij
Receptiont#: 753017
07/25!2006 06 36.22 AM Jean Alberico
13 of 26 Rec Fee:$0.00 Doc Fee.O 00 GRRFIELD COUNTY CO
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 the Sovereign Immunity granted to the BOCC by Colorado statutes and case
law.
10. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a
Road Impact fee of fifteen thousand eight hundred forty-seven dollars and ninety-two cents
($15,847.92) has been established for the residential units within the Subdivision. Owner shall pay
fifty percent (50%), i.e., seven thousand nine hundred twenty-three dollars and ninety-six cents
($7,923.96) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of
recording of the Final Plat. The remaining 50%, i.e., seven thousand nine hundred twenty-three
dollars and ninety-six cents ($7,923.96), will be collected pro rata i.e. one thousand three hundred
twenty dollars and sixty-six cents ($1,320.66) from each lot owner at the time a building permit issues
for a residence within the Subdivision.
11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a
cash deposit in lieu of dedicating land to the Parachute 16 School District, calculated in accordance
with the Garfield County subdivision regulations and the requirements of state law. The Owner and
the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as
follows: for Parachute 16 School District, $200.00 per unit.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, one thousand two hundred dollars ($1,200) as a payment in lieu of
dedication of land to the Parachute 16 School District. Said fee shall be transferred by the BOCC
to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the
Garfield County subdivision regulations.
13
■IIS !kf'i WITHINTAIN,IIMMIVII.Ifirli11111
Reception#: 753017
07/2512008 08:36:22 AM Jean Alberico
14 of 26 Rec Fee:$0.00 Doo Fee.D.00 GARFIELD COUNTY CO
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of
the Final Plat of the Subdivision, a reimbursement of the fee in lieu ()fluid dedication to the Parachute
16 School District.
12. 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.
13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this STA, the BOCC may withhold issuance of building permits for any residence
or other habitable structure to be constructed within the Subdivision. Further, no building permit
shall be issued unless the Owner demonstrates to the satisfaction of the Grand Valley Fire Protection
District ("District"), if the Fire District has so required, that there is adequate water available to the
construction site for the District's purposes. No certificates of occupancy shall issue for any habitable
building or structure, including residences, within the Subdivision until all Subdivision Improvements,
except revegetation, have been completed and are operational as required by this S1A. Owner shall
provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially
the same form as that attached to and incorporated herein by reference as Exhibit "D", concerning
the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA.
14. 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 Tots for which building permits have been
issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide
14
■III Pl.FI iViWi, ,«till,liERM:1lr 1111
Reception4: 753017
07125/200R 06:36:22 RM Jean Olberico
15 of 26 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO
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.
15. 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.
16. NOTICE BY RECORDATION. This SEA 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,
17. 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.
15
Receptiontt: 753017
07f2512006 08:36:22 RM Jean Alberico
16 of 26 Rec Fee $0.00 Dcc Fee:0.00 GARFiELD COUNTY CO
18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The
representatives of the Owner and the BOCC, identified below, are authorized as contract
administrators and notice recipients. Notices required or permitted by this SIA shall be in writing
and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery
shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service,
or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner
at the address or facsimile number set forth below:
Owner: Specialty Restaurants Corporation
8191 East Kaiser Boulevard
Anaheim, CA 92808
Phone: 714-279-6100
Fax; 714-998-4861
BOCC:
w/copy to,
Rocky Mountain Realtors, Inc.
820 Castle Valley Blvd., #108
New Castle, CO. 81647
Phone: (970) 984-3720
Fax: (970) 984-3721
Board of County Commissioners
of Garfield County, Colorado
c/o Building & Planning Dir.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be
modified, but only in writing signed by the parties hereto, as their interests then appear. Any such
amendment, including, by way of example, extension of the Completion Date, substitution of the form
of security, or approval of a change in the identity of the security provider/issuer, shall be considered
by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity
16
1111 NA FIS"frTIAlfi11111
Rece7ption#: 753017
07125!2006 06'36:22 RA Jean Rlberico
17 of 26 Rao Fee:$D.flO Doc Fee O.00 GRRFIELD
COUNTY GO
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.
20. 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.
21. 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.
17
11111 riff FrirtiV [WI ilAPI 1,1110'1,14CRl.lhla 11111
Reception#: 753017
07(25/2000 08:36:22 RM Jean plberico
18 of 26 Rec Fee:$0.00 Dcc Fee:0.00 GARFIELD COUNTY C0
IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date
of Final Plat Approval for the Subdivision.
ATTEST:
BOARD OF C I NTY COMMISSIONERS
OF GAR IE ! UNTY, COLORADO
By:
Chairman
Date:
OWN
By:
J /M) & rGGIC/i IT ci ' ft Ai
ame and Title)
Date: 6_d�
STATE OF C"o_�� )
6 )ss.
COUNTY OF Q -t c qe, )
Subscribed and sworn to before me by JyA) , an authorized
representative of SpEcirtz_ry'4.5n4uwintts Owner of the Subdivision, this /7 day of
�,�i.JE , 200.
WITNESS my hand and official seat.
My commission expires: 3-alw
LYNETTE M. IF LWM
Commission # '1653359 1
Notary Public - California
Orange County
My Comm. Expires Mor 21, 2010
Nota
18
Public
ivt . ff--
1111 101 0111,N1,14thi MAN 1111
Reception#: 753017
07/25/2008 08:36:22 AM .lean Piberico
19 of 26 Rec Fee:50.00 Ooc Fee:0.00 GfRFIET0 COUNTY CO
EXHIBIT A
19
r , �I�1 411,VI ,1�i� INI141 11 Il4
�1l11'�`i+i ���'d �;iM��,��
Reception#; 753017 lean Alberica
27128/2008 08:36:22
20 of 26 Rec Fee:$0.0000 Loa Fee.6 00 C RF3ELD COUNTY
CO
EXHIBIT A
SUBDIVISION IMPROVEMENTS AGREEMENT
PIONEER GLEN SUBDIVISION
APPROVED FOR CONSTRUCTION PLANS
FEBRUARY 27, 2008
C-1 Title Sheet
C-2 Final Plat Map 1 of 2
C-3 Final Plat Map 2 of 2
C-4 Grading, Drainage and Erosion Control Plan
C-5 Roadway and Utility Plan and Profile: Pioneer Drive
C-6 Roadway and Utility Plan and Profile: Pioneer Ct.
C-7 Master Utility Plan
C-8 Utility Detail Sheet
C-9 Drainage & Erosion Control Detail Sheet
20
11111
Receptkonf#. 753017
07!25!2008 08:36;22 RM Jean Rlberico
21 of 26 Reo Fee $0.00 Doc Fee:0.00 GPRFFELD COUNTY CO
EXHIBIT B
21
1111 Nil FL! iii Ilig iwiliKriNgf:fiti, i 11 11
Reeeptionii: 753017
07/25/2008 08:36:22 RM Jean Rlberico
22 of 26 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUrJTY co
4....:±. .::
-
.�.Y-_.. _ .. -r. --� 3 -L - .. _...r _ _-.. _. —_�_
:'' '.X i �' moi'-.:�__f.. �L�. ,. ,....� L. __
_
t¢,
ITEM
QUANTITY'
..._%47......_ L.-
Earthwork
1
[
Viol. s {} _4 ► @ t,00
Soil Retention Blanket NAG-SC150
780
t•;7'.. ;0�_}}'yy• fl: =MOO
Soil Retention Blanket NAG -0350
®
S.Y._
/ e y"_p
Erosion and Sediment Control (fence, haybales, runoffs, etc)
L.S_
-' OO :',.;:i3,000,0w-
NPDES Permitting
L.S.
_i=i • 173.R =.7; -l'- Op
Wetland ReconstructionVRevegation
LS.
-t 0 6J (?D,00
Remove and Dispose of Unsuitable Material
50
_ X430 50P:00
General Revegetation of Disturbed Areas
15500
2-;. j. _ 1
a. m"^_tea_
. 1 .. _a .-g--,- 12-F-41.15—. 4'i0`.^ 5-�. aL• a_ C c"L.s. ,fr-i�1?. v=ra "-r. r'i _,.._
-
_
318" Chipseal
3420
®
s{ ;00-00
6" Class 6 ABC under Chipseal
660
its _ .a •E� 4 4 a'11
12" Class 2 ABC under Class 6 ABC
1320
%.,-0 --. , .-_, Y- : 4 r ,
r111111
c? .1 ry#As
�..
Y=, - f F "3
---price includes trenching and fittings---
-- 1 1Z ' _:
18"0 CPP (ADS N -12 -WT)
80
i. )
.t47,--.: , ei
Wel Flared End Section
m0
t r dvv:���' , +{.�fi
minumessom
it.p.k . - S. q.. - • -•'
'. '..- _
- - -
- .. -• .�-. -_..- -«_mow
—price includes trenching and fittings—
`°
Completed Well System (Pump, 2500 Gallon Concrete Tank, Controls,:
Service Line, etc.)
' 1;_:
--,. p 0 +:+ ...10AbitCfP30
M=1=111;2`..,!'154641/00:00
•
j_ �. ..-.
k '}_r
--price includes trenching and frttings-
x -
' ,
Pump System (Pump, Pad, Hoses, Screen, Conctrols, etc.)
1
,g.1,.$5° tl o i ` -1.--;111\1:11"9
4" Sch, 40 PVC
1040
BM= ry$20=00
1-114" Irrigation Service
Each$6
! ,"r'"'QQ
Blowoff Valve Assembly
Each
...•` 1 _= iii :,_I
1111111.1111111
®kms=:`��-; •,M..,`,-
F,.r:fa � ;,- _fi---...a' _= ..."�'s}2.- . -,"__. ._ x_. 5: ..
si .... _. ; . ,- z
"-
2-4" and 2-6" Conduit Sleeves for GET
250
• - t t q yo -00
Onsite Trenchin r for Xcel Ener Gas
1330Ali.
s t + ...17‘-- fro
Onsite Trenching for Holy Cross & Qwest (Electric & Telephone)
1760
-- r 1 " k: , ".1 T'
Offsite Trenching for Qwest (Telephone)
1800
-"it r ; >� r; , ; �;,e;.+ r _,..
Electric Transformer Base
�>=achrt_
•"i'p
r e s # $S _•t3Q
Power/Telephone Pole Drop
3 t r :3o
�=
ezr.
Class I Ground Sign (Street, Stop, Speed, Child Pia '. ±
8
t _ . t a 00
_
1 T i:l
-*lsK', _ _. . ` ,; r.�n-r :"ct - s *�3' _
- "-�`-'.. 4i ii+-. ..:.....r.t ..- _.,-.md.sr.r 4.,L....1... -11%,4_,.i_..... _ ... ... .s.. _
"F.x ."-`
-
- -.._
Ni.
IIMMeiffg-n-777:1r7,..;71,1,7o
•
,\ : G )O N 4,.! ,,p r
?1[ese v81u s a[d 17 pl Q Se on)y acid ` r' Dt fier prote4 '-j a �.
- ..,.''3. .. - irif.Hi{i •- • < _;. � ! Ot.iQr��#�� �'�r...'=.'�ia..Fi.;.'f'-'-^�'^3+°,.
. 1111 WUrU: HOW ,IVIC14'114 X111
Reception#: 753017
0712512008 08:36:22 AM Jean Alberico
23 of 26 Rec Fee:$0.03 Doc Fee 0.00 G?RFIFLD COUNTY CO
EXHIBIT C
23
IIIIMPfairliii.W1 ',I i.141110104,'**11HI
Reception#: 753017
07725/2008 08:36:22 RI1 Jean Rlberico
24 or 26 Rec Fee:80.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT D
24
111 AWI#I'IirM'i 11111
liecepiion0: 753017
07/25/2008 00:36:22 AM Jean Flberico
25 of 26 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT D
SUBDIVISION IMPROVEMENTS AGREEMENT
PIONEER GLEN SUBDIVISION
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURCHASERS OF HOME SITES WITHIN
PIONEER GLEN SUBDIVISION
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not commence
construction ofa residence within unincorporated Garfield County, including Pioneer Glen Subdivision, priorto
issuance of a building permit by Garfield County. Under the terms or the Subdivision improvements
Agreement between Garfield County and Specialty Restaurants Corporation, Garfield County will not issue
building permits for property in Pioneer Glen Subdivision, until:
1. The Owner/Developer has demonstrated to the satisfaction of the Grand Valley Fire Protection District
that adequate water is available to the construction site for the Fire District's purposes.
2. A site-specific geo-technical study, completed by a registered Geo -Technical Engineer, has been
presented to the Building and Planning Department for review, along with a registered design
professional's certification that the structure design is based on the site-specific study. The cost of the
studies shall be borne by the purchaser of the home site.
3. A site specific Individual Sewage Treatment System designed by a registered Professional Engineer
has been presented to the Building and Planning Department for review. The cost of the design shall
be borne by the purchaser of the home site.
4. A site specific grading plan for conveyance of Storm water through the lot designed by a registered
Professional Engineer has been presented to the Building and Planning Department for review. The
cost of the design shall be borne by the purchaser of the home site.
5. The remaining 50% of the Garfield County Road Impact Fee i.e. seven thousand nine hundred twenty-
three dollars and ninety-six cents ($7,923.96) in the pro rata amount of one thousand three hundred
twenty dollars and sixty-six cents ($1,320.66) per Lot is paid by the party seeking the building permit.
Note: The Owner/Developer paid 50% of such fee as part of the subdivision approval process.
6. The Owner/Developer has paid to the Garfield County Treasurer the fee of one thousand two hundred
dollars ($1,200) as a payment in lieu of dedication of land to the Parachute 16 School District. Note:
The Owner/Developer paid such fee as part of the subdivision approval process.
25
■IIIA`�F"i i�r �i� ��i�G `�l���lr�h'I'�1��I1��i'�#��II�� 11111
Reception#: 753017
07/25/2008 08.3G:22 AM lean Albericn
26 o1 26 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Additionally, Garfield County will not issue Certificates of Occupancy for any structures within Pioneer
Glen Subdivision until all of the subdivision improvements have been completed and are operational in
accordance with the Subdivision Improvements Agreement between Garfield County and Specialty Restaurants
Corporation_
OWNER/SUBDIVIDER:
y: 4 -AN &_tll4-00
Specialty Restaurants Corporation
The foregoing Notice was read and understood by the undersigned Purchaser of a home site within
Pioneer Glen Subdivision, this day of 200_,
PURCHASER:
(Typo Name)
(Type Address)
26
1111 f#1111ACHli M iiiirliiICW141114.11N,Ril11111
Reception#: 747981
05/06 /2000 02:04:44 PM Jean Aiberioa
1 of 8 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 7t' day of January A.D. 2008, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Tresi Haupt , Commissioner
Carolyn Dahlgren , County Attorney
Jean ATherieo , Clerk of the Board
Ed Green , County Manager
When the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2008-66
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR A 6 LOT SUBDIVISION KNOWN AS "PIONEER GLEN SUBDIVISION" AND
PROPERTY OWNED BY SPECIALTY RESTAURANT CORPORATION, GARFIELD
COUNTY
PARCEL NO# 240926300168
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a
Preliminary Plan application from Specialty Restaurants Corporation to subdivide a 35.24 -acre
property into 6 residential lots and which property is located in a portion of Section 24, Township 7
South, Range 96 West of the Sixth. P.M., Garfield County; and
WHEREAS, the iiihjeo property itiocated in the-ARRD Z -one -District; --and..
WHEREAS, on October 25, 2007 the Garfield County Planning and Zoning Commission
forwarded a recommendation of approval with conditions to the Board of County Commissioners for
the Preliminary Plan; and
WHEREAS, on January 7, 2008, the Board of County Commissioners opened a public
hearing upon the question of whether the Preliminary Plan should be granted,granted with
conditions, or denied at which hearing the public and interested persons were given the opportunity
to express their opinions regarding the issuance of said Preliminary Plan; and
1
Reception#: 747981
05/06/2008 02:04:44 PM Jean Rlberico
2 of 8 Rao Fee10.00 poo Fee:0.00 GARFIELD COUNTY CO
WHEREAS, the Board of County Commissioners closed the public hearing on January 7,
2008 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial competent
evidence produced at the aforementioned hearing, has made the following determination of facts:
1. That proper notice was provided as required by law for the hearings before the
Planning and Zoning Commission and before the Board of County Commissioners.
2. That the public hearings before the Planning and Zoning Commission and the Board
of County Comrnissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and that all interested parties were heard at those
hearings.
3. The application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Subdivisidn Regulations of 1984, as amended.
4. That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County and the
Comprehensive Plan for the Town of Silt.
5. The proposed subdivision of land conforms to the Garfield County Zoning
Resolution of 1978, as amended.
6. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that based on determination of facts set forth above, the Preliminary Plan
request is approved with the following conditions:
_I, That_. all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners and-Planning"Corrilrssion; shall be -conditions -of
approval, unless specifically altered by the Board of County Commissioners.
2. The Applicant shall place the following plat notes on the Final Plat and in protective
covenants:
a. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3101, 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,
2
111i1 1Li1MAIM /i itl
RecepUlant#: 747981
05105/2006 02.04:44 PM Jean Alberico
3 of 8 Rec Fee:$0.00 Doc Fee,0.00 GARFIELD COUNTY CO
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.
seq., 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. "One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's property boundaries."
f. "All building foundations and individual sewage disposal systems will be designed
by professional engineer registered in the State of Colorado."
g, "Structures built on the lots will not exceed the maximum allowed heightof twenty-
five 25 feet as calculated by the Zoning Resolution of 1978, as amended."
h. "Lot coverage shall not exceed the maximum allowed coverage of 15%."
i. "To allow the movement of Mule Deer and Elk through the subdivision, fence
heights shall not exceed 42 inches in height." With exception to the fencing on the
western edge of the subdivision, all fences shall only be erected within building
envelope boundaries and there shall not be any fencing allowed to surround entire
lots or the perimeter of the subdivision.
3
NM MN PPM* AO JANICKliti *ILK 1I11I
Reception#: 747981
05!0612008 02:04:44 PM Jean Alborico
4 of 8 Reo Fee:$O,00 Doo Fee:O.O0 GARFIELD COUNTY CO
j. "Lot owners are responsible for management of Garfield County listed noxious
weeds on their own individual lots. The homeowners association is responsible for
management of County listed noxious weeds on the remainder of the property
including the designated open space areas."
k. "All streets are dedicated to the public but all streets will be constructed to standards
consistent with the County Subdivision Regulations and repair and maintenance shall
be the responsibility of the incorporated Homeowners Association of the
subdivision."
3. In addition to plat notes above in condition No. 2, the Applicant shall place the following
notes into the protective covenants:
a: "The homeowners Association shall review and approve all ISDS designs and
modifications prior to construction."
b. "All septic tank accesses and risers shall be surface accessible to allow for
maintenance, monitoring, and inspections."
e. "Monitoring pipes shall be installed at each end of absorption fields or trenches
(minimum of two monitoring pipes) to allow for inspections."
d. "Absorption fields or trenches shall adhere to minimum setbacks as regulated by the
Colorado Department of Health, Guidelines on Individual Sewage Di osal Systems.
most recent edition."
e. "Proper mitigation (diversion) of drainage and flood irrigation for the absorption field
or trench areas shall be included in the design and construction."
f. All trash cans used for outside collection within the subdivision shall be "bear proof."
g.
"For the protection of Bald Eagle and Great Blue -Heron nests;-large-cottonwood—
trees, dead or alive, will not be disturbed during construction of the subdivision and
will be preserved throughout the existence of the subdivision."
h. "Buyers and builders must be aware that about 5 feet of clay is present in the shallow
subsurface of the lots which can be easily eroded. To prevent damage to future
homes, structures shall be designed so that concentrated runoff, from patios and
roofs, would not flow into the slopes, which could cause sloughing and general
deterioration."
4. The 40% slopes adjacent to Lots 1 and 2 shall not be disturbed.
4
111143 1in/0,i 1111
Reception#: 747981
05/06/2000 02:04:44 PM Jan Alberico
6 of 8 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
5. The Applicant shall obtain a Floodplain Development Permit from Garfield County for
building the irrigation pump house in the open space area as depicted on the site plan. The
Applicant shall be required to obtain approval from the County for the Floodplain
Development Permit prior to the approval of the Final Plat.
6. The Applicant is required to submit additional information prior to Final Plat to assure that
residents will have access to the space (for example: bridges, trials...),
7. The Applicant shall pay the applicable school site acquisition fee for the number 16 School
District which requires $200 per dwelling unit. This fee shall be tendered to the County at the
time of Final Plat.
8. The Applicant shall meet with Steve Anthony, County Vegetation Manager, prior to Final
Plat to discuss appropriate weed management in the proposed open space areas including the
island.
9. The protective covenants shall include a provision dealing with weed management on the
properties including that the property owner is responsible for managing County listed
noxious weeds.
10. The Applicant shall complete a water quality analysis with the minimum samples being
submitted testing for bacteria, nitrates and suspended solids prior to the Board of County
Commissioners public hearing.
11. The Applicant shall pay the applicable Traffic Impact Fee to be calculated and paid at Final
Plat.
12. The Applicant shall meet all of the following recommendations made by the Colorado
Geological Survey, which include:
a...__._Any cuts made into the steep slope on the east side of the property shall be evaluated
by the geotechnical engineer for slope —stability and ...ret iiingrstructures-shall be
constructed.
b. The ditch proposed to be constructed at the base of the slope on the east side of the
property shall be reviewed by the geotechnical engineer to ensure that the stability of
the hillside will not be affected.
c. Building envelopes in lots 2, 3, and 5 shall be set back at least 2 to 1 (2:1, horizontal
to vertical) from the base of the slopes into the Colorado River.
d. The west boundary of the building envelope in Lot 5 shall be moved back from the
break in the slope.
e. Buyers and builders need to be aware that about 5 feet of clay is present in the
shallow subsurface of the lots which can be easily eroded. To prevent damage to
5
®iIfEINW1RI .141,'.fi1dirl 1I411 ■11' k( ®I���
Reception#: 747981
05/06/200B 02:04:44 PM dean Rlberico
6 of 8 Rem Fee:$0,00 Dom Fee:0.00 GARFIELD COUNTY CO
future homes, structures shall be designed so that concentrated runoff, from patios
and roofs, would not flow into the slopes, which could cause sloughing and general
deterioration.
13. The Applicant shall delineate, legally describe, and convey all easements shown on the Final
Plat to the Homeowners Association. This dedication needs to be in a form acceptable to the
County Attorneys Office and transfer shall occur at the time of recording the Final Plat.
These easements shall include, but are not limited to all drainage easements, shared water
system easements (domestic wells and water storage tank), storm -water drainage easements,
all internal roads (which will be dedicated to the public on the face of the Final Plat) and any
access and maintenance easements that need to be provided for in the common open space.
14. The Applicant shall meet all concerns made by the County Road and Bridge Department, and
shall be included in the SIA:
a. The Applicant shall assure that the hill on the east side of the entrance shall be cut
back so that the curve in CR300 to the east is visible. This task will have to be
accomplished prior to final plat and the cut back will also have to be maintained
throughout the life of the subdivision. Documentation proving this has been
accomplished must be submitted along with final plat application.
b. This cutback will have to be maintained and this shall be the responsibility of the
Homeowners Association.
c. The cottonwoods on the west side of the entrance must be cut back so that the curve
in CR 300 to the west is visible.
d. The brush between the drive and the cottonwoods shall be cleared.
e. An 18 inch (minimum) culvert must be used at the driveway and included in the
Subdivision Improvements Agreement.
15. The Applicant shall address all concerns made by Mountain Cross Engineering with Building
& Planning staff prior to Final Plat approval:
a. "No easement lines_ are shown_ for the overhead power lines on the south end of the
project. Also only one of tfie overhead paweX line ls-labeled as -being -buried: -The ....
intended design for the other overhead power line should be labeled more clearly.
b. In the water supply plan, the engineer recommends only temporarily using well water
for irrigation. The engineer recommends that permanent irrigation water be provided
out of the river. No design is included for the permanent irrigation system.
c. The fire protection storage volume that is proposed is generally less than required by
the Fire Code. The Fire Protection District should verify that this storage amount is
acceptable.
6
1111K NH 11111
Reeepilon#• 747981
05I06/2006 02:04:44 PM Jean Alberico
7 of B Reo Fee_$0.00 Doo Fee:0,00 GARFIELD COUNTY CO
d. The cul-de-sacs are longer than 600'. The road design standards allow the Board to
approve longer cul-de-sacs for topographical reasons and if it can be proved that fire
protection and emergency egress and access is provided as apart of the longer design.
The applicant should provide evidence of emergency egress and access.
e. Finalized well permits and negative (absent) bacteria tests should be provided for the
wells at time of Final Plat.
f. The existing drainage that meanders around the building envelopes of Lot 6 and Lot 5
should be protected within an easement.
g•
The impacts that the projected traffic is anticipated to have to the existing road is not
discussed.
h. The geotechnical engineer recommends a minimum pavement section different than
that shown on the standard details for the project. No recommendations are made for
the chip and seal surface that is proposed.
i. Site specific geotechnical investigations are recommended for building foundation
designs. This should be included as a plat note or within the Conditions, Covenants,
and Restrictions of the HOA.
J•
The Applicant should verify that there is adequate site distance of oncoming traffic at
the intersection with Stone Quarry Road."
k. The Applicant shall obtain a letter from the Grand Valley Fire Protection District
indicating that the fire protection system is satisfactory.
1. All homes shall be equipped with a Reverse Osmosis System for all drinking water
including but not limited to kitchen faucets, drinking spigots and ice makers.
Dated this 5 "" day of , A.D. 20, d l✓ .
ATTEST:
GARFIELD OUNTY BOARD OF
COMM1 ` ONE' GARFIELD COUNTY,
OLO
®Il1 P11101111A1,141,141,1CrilMIE NI 111
ReceptIonth 747881
05/0812006 02:04:44 PM Jean Alberioo
6 of 8 Reo Fee:$0.00 poo Fee:0,00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER. CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER TRESI HOUPT , Aye
STATE OF COLORADO
)ss
County of Garfield
County Clerk and ex -officio CIerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
8