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HomeMy WebLinkAbout3.0 SIA's• SUBDIVISION IMPROVEMENTS AGREEMENT SIERRA BLUFFS FILING NO. 2 SUBDIVISION /Dv� 4 5q51-- 4.46 563 THIS AGREEMENT is made and entered into this -Y„ day of , 1996, between DENNIS WAYNE COOLEY and WANDA SUE COOLEY, whose address is 822 Alta Mesa Road, Silt, CO 81652 (hereinafter "Declarants") and the BOARD OF COUNTY COMMISSIONS OF GARFIELD COUNTY, COLORADO (hereinafter "County"); WITNESSETH WHEREAS, Declarants are the owners and developers of certain real property located in Garfield County, described as a Parcel of land situated in the Section 22, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado, and more particularly described on the fmal plat for Sierra Bluffs No. 2 Subdivision, which real property is hereinafter referred to as "Sierra Bluffs No. 2;" and WHEREAS, as a condition of approval of the aforesaid fmal plat (hereinafter "Plat") for Sierra Bluffs No. 2, Declarants agree to enter into this Subdivision Improvements Agreement (hereinafter "Agreement") with the County; NOW, THEREFORE, for and in consideration of the following mutual covenants and agreements, the parties hereby agree as follows: I. DECLARANTS' PERFORMANCE There are several public improvements which shall be constructed by Declarants. In consideration of the fmal plat approval, Declarants agree to the following: 1. The road titled "Sierra Bluffs Road" as shown on the Plat, was dedicated as a public right-of-way and shall be constructed pursuant to the recommendations of High Country Engineering which were submitted with the preliminary Plat. a. The road shall be completed before issuance of a Certificate of Occupancy for either Lots 3 or 4. b. The Sierra Bluffs Road shall be jointly maintained by the owners of Lots 3 and 4. Either such owner shall be entitled to contribution from the other owner for any required maintenance or repair performed by either owner. • • 2. The road titled "Venado Road" as shown on the Plat, was dedicated as a public right-of-way and shall be constructed pursuant to the recommendations of High Country Engineering which were submitted with the preliminary Plat. a. The road shall be completed before issuance of a Certificate of Occupancy for Lot 2. b. The Venado Road shall be maintained by the owner of Lot 2. Either such owner shall be entitled to contribution from the other owner for any required maintenance or repair performed by either owner. 3. Service disturbances and improvements, except for the driveway and drainage structures, shall be limited to the building envelopes delineated on the Plat. 4. A Water Sharing Agreement has been entered into with the Sierra Pinions Subdivision and has been recorded with the Garfield County Clerk and Recorder at Book Page , Reception No. . A copy of this Water Sharing Agreement has been submitted to the County for its review. a. In addition to the Water Sharing Agreement, a 6,000 gallon water tank will be installed to provide additional water storage for the Lots in the Sierra Bluffs Filing No. 2 Subdivision. A tank easement for the 6,000 gallon water tank is shown on the final Plat. b. Water lines have been installed according to the recommendations of High Country Engineering, and the water line easements are shown on the final Plat. 5. Waste water disposal may be by engineered individual sewage disposal and engineered individual sewage disposal system (ISDS). Each ISDS will be subject to review by the Garfield County Building and Sanitation Department. a. Upon a failure of any ISDS, installed as a part of the original lot development, then the owner of such lot shall abandon their ISDS system and be responsible for connecting to municipal sewer service, if any is available. Any future failures of the ISDS systems shall be the sole responsibility of each individual lot owner. 6. Overhead power lines are in place within the subdivision, and provide power to the lots within Sierra Bluffs Filing No. 2 and the adjacent lots vacated within the Sierra Vista Ranch Subdivision. a. Two additional overhead power poles will be installed prior to Certficiate of Occupancy to provide power to Lot 4 of Sierra Bluffs Filing No. 2. 7. Only one (1) dog shall be allowed on each lot. 2 • • 8. All dwellings shall be designed to conform to the Colorado State Forest "Wildfire Guidelines." 9. All cuts and fills, foundations, retaining walls, and any other structures or surface disturbances shall be subject to engineering review. 10. Improvements shall be constructed in conformance with: a. All Plat documents submitted prior to or at the time of the fmal plat approval. b. All laws of the United States, the State of Colorado, the County of Garfield, and its various agencies and affected special districts. c. Such other designs, drawings, maps, specifications, sketches and other materials submitted to and approved by any of the above -stated governmental entities. d. All cut slopes created during construction shall be revegetated with native grasses during certified weed -free seed. Lot owners shall be responsible for weed control. 11. The Declaration of Covenants, Conditions, Restrictions and Easements for Sierra Bluffs Filing No. 2, which has been submitted to the County for review, establishes the restrictions and guidelines for fireplaces and stoves, fences, wildfire prevention, subdivision of lots, erosion and vegetation control, hunting and firearms, dogs, fencing and sanitation, and shall be read in conjunction with this Agreement. 12. The requirements set forth above shall constitute additional covenants that run with the land and shall be enforceable by Garfield County and/or other lot owners in Sierra Bluffs Filing No. 2 Subdivision, by injunction or action for damages. 13. The County agrees that if improvements are installed in accordance with this Agreement, fmal plat documents, and the requirements of the preliminary plan, and further that if all of the other requirements of this Agreement and preliminary plan are met, then Declarants shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions, and regulations of Garfield County, Colorado, including, but not limited to Resolution adopted by the County on II SECURITY FOR IMPROVEMENTS 1. Security for Improvements contained in this Agreement will be in the form of a Letter of Credit from an accredited loaning institution. 3 • • HI SCHOOL IMPACT FEES 1. Within ten (10) working days of the inial plat approval, there shall be paid to Garfield County, for the benefit of Garfield School District No. RE -2, the sum of $600.00 ($200.00 for each uninhabited lot within the subdivision). IV WATER As stated in Section I, Paragraph above, a water sharing agreement has been entered into with a neighboring subdivision, Sierra Pinons Subdivision. In addition, a 6,000 gallon water tank will be installed for additional water storage. V INDEMNITY To the extent allowed by law, Declarants agree to indemnify and hold harmless the County for claims which may arise as a result of Declarants' installation of improvements pursuant to this Agreement. However, Declarants do not indemnify the Court for claims made asserting that standards imposed by the County on Declarants are improper or the cause of injury asserted. The County shall be required to notify Declarants of receipt of a notice of claim or a notice or intent to sue and shall afford Declarants the option of defending any such claim or action. Failure to notify and provide such option to Declarants shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require Declarants to indemnify the County for claims which may arise from the negligent acts or omissions of the County. VI ROAD RIGHTS OF WAY Sierra Bluffs Road and Venado Road were dedicated to the County as public right- of-way roadways at the time the original subdivision of Sierra Vista Subdivision Ranch took place. 4 • • VII ENFORCEMENT In addition to any rights which may be provided by Colorado statutes, it is mutually agreed that the Count or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot contrary to the provisions of this Agreement or as set forth on the Plat of the subdivision or any separate recorded instrument. VIII CONSENT TO VACATE FINAL PLAT In the event Declarants fail to comply with the terms of this Agreement, the County shall have the ability to vacate the Plat as it pertains to undeveloped lots only. Any existing developed lots, or lots which subdivision improvements have been properly constructed, shall not be vacated, and as to those lots, the Plat shall remain valid. Declarants shall provide a survey and complete legal description with a map showing the location of any portion of the Plat so vacated. IX OFFSITE IMPROVEMENTS AND DEDICATIONS An easement across Lot 15 of the Sierra Vista Ranch for telephone and water line easement, recorded at Book 982, Page 976, having a Reception Number of 4949348 is shown on the final Plat. X APPROVAL OF PLAT The County agrees to approval of the Plat subject to the terms and conditions of this Agreement. XI AMENDMENT This Agreement may be amended from time to time, provided that the amendment be in writing and signed by all parties. 5 • 1 XII BINDING Et 14 EC This Agreement shall be a covenant running with the title to each lot within Sierra Bluffs Filing No. 2, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Declarants, their successors and assigns. XIII RECORDING Upon execution, Declarants shall record this Agreement in the Office of the Clerk and Recorder of Garfield County. IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and year first written above. PROPERTY OWNE' DECLARANTS Dennis Wayne Coole BOARD OF COUNTY COMMISSIONS GARFIELD COUNTY, COLORADO By Chairman ATTEST: Clerk of the Board 6 Wanda Sue Cooley • • STATE OF COLORADO ) COUNTY OF GARFIELD ) ss The foregoing instrument was acknowledged before me on this day of 7/2/7/vri , 1996, DENNIS WAYNE COOLEY and WANDA SUE COOLEY. Witness my hand and official seal. My commission expires: 7