ream Easement Vacation/Encroachment Real Estate Services FINAL BUCKSLIP DATE: January 9, 2009 TO: MC 30 Airport Neil Ralston MC 310 City Planning James Mayerl MC 1200 Parks 8. Recreation Scott Thompson MC 435 Public Works Robin Kidder MC 720 Subdivision Engineering Patrick Morris MC 720 Subdivision Engineering Shirley Applegate MC 450 Transportation Planning Dave Lethbridge MC 1449 Transit Tim McKinney MC 1015 Utilities Bruce Zook FROM: Lois Ruggera, Real Estate Services - MC 715 Property Address 1155 Charles Grove Legal Description Lot 4, Barons Ridge at Broadmoor Resort Community Filing No. 1 together with tract in SW4 Section 1, Township 15 South, Range 67 West Schedule No. 7501305012 City File No. _1 16819 E8 Er?- a Farm" Information Regarding Request: Attached is the recorded Quitclaim Deed for this approved easement vacation project. 1593825 ROBERT C. BHLINK El Paso County. 00 running 01:13:34 pm sue l l l ll ll 2oeoo1ose Rec $21.80 loltl QUITCLAIM DEED (BASEMENT) The City of Colorado Springs, Colorado, a home rule city and Colorado municipal corporation on behalf of its enterprise, Colorado Springs Utilities, acting by and through Lionel Rivera, Mayor (?Grantor?), whose street address is 30 South Nevada Avenue, Suite 701, Colorado Springs, Colorado 80903, City of Colorado Springs, County of El Paso and State of Colorado, for the consideration of one dollar in hand paid, hereby sells and quitclaims to Michael J. Hemsworth (?Grantee?), whose street address is 155 Charles Grove, Colorado Springs, Colorado 80906, County of El Paso and State of Colorado, all right, title and interest, which the Grantor may have in and to the following property to wit: See Exhibits A and B, attached hereto and made a part hereof Any and all other rights, title and interests that the Grantor may have in the property are hereby reserved. Subject to the following terms and conditions: 1. The Grantee shall be responsible for removing any abandoned utility facilities within the vacated easement shown on Exhibit A and Exhibit B, as required, and shall indemnify the Grantor from any liability associated with such removal. 2. If it is necessary to relocate any existing utility facilities, then such relocation shall be at the Grantee?s expense, and if required, Grantee shall grant new easements for the relocated facilities. In witness whereof, the City of Colorado Springs, Colorado, has caused its corporate se to be to affixed and these presents to be signed and delivered by its duly authorized officer this clay he Hillel/Rivera Mayor Approved as to Form: By: [Omitbi?da siti?rr? City ttorney?s Office K, Date: 7'02?) RES File No. 16819 State of Colorado ss. County of El Paso The foregoing instrument was acknowledged before me this day Lionel Rivera, Mayor, and dig/um) C7 0" as ofthe City ofColorado Springs, Colorado, 3 home rule city and Colorado municipal corporation. Witness my hand and sea "In-?9 a RP Notary Public .1 My?gg?iggi?gofgpire?W/O a OF "?J?Hismm? Accepted by: GRANTEE: - NHCHAEL J. HENISWORTH State of it? ss. Countyof if.? {/0550 The foregoing instrument was acknowledged before me this day of 252744?. 2008 by Michael J. Hemsworth. Witness my hand and official seal. My Commission expires: f6? +9449 NOTARY PUBLIC I BETTY J. HECKERT If STATE or {qrNotary Public? 1 RES File No. 16819 90608 OCIVHOTOO i33tli8 EZQL AMOOH NO GNV 80:! OGVHOWOO AEI G38Vd38d 8837 HQ 380W 1791.0 SNIVLNOO 1N3W3SV3 CIIVS Oi i332! 009 :10 3ONVLSIG ..60 .68 08L 8 (17) 133:! 30 3ONV.LSICI '3 ..L9 .08 5L1. 3.333 ?09 :10 C)le NV 909 30 3ONVLSIG GHOHO '3 ..90 .80 SHV3EI HOIHM GHOHO "179 .38 000 :10 HODOHHJ. 3Aa?0 i003 00029 :10 DEV 3HJ. (Z) :133:! 7% .09 CM (L) 18388003 HD03 CIIVS 3ON3H.L NI3H3H .LN3W3SV3 3HJ. QNINN193EI GNV .LN3IN3SV3 3GIM 1003 3N3 OIVS H3NEIOO A783LSV3HLHOS Oi i333 30 .08 oLi 3ON3HJ. 3.333 3ONV.LSICI 38V NI3H3H TIV HON-1M Oi CHVS 3 ..60 .63 CBL tL GIVS H3NEIOC) ONION3WWOO SV G3EIHOS3G 330W ONES LN3W38V3 CIIVS 30 A110 Ni I'W?cl L119 19 3ONV8 9L NOLLCI3S MS) NI 83(330338 X8313 IALNHOO 73 :50 8080338 8381NHN B3GNH (33680338 8V ONHH ALINHWWOO .LHOS3H EOOWGVOHEI LV SNOEIVS i0? Si338 8 .LN3W3SV3 Ail?Him 3GIM i003 3N3 .LVHJ. iH-Olicii?dOSE?O ..V.. ?(gunman-manumnruqqer. 8 FOR LEGAL OESCRIPIION A RORTION OE LOT I, RARONS RIDGE AT RROAONOOR RESORT OONINIUNITT FILING NO. COLORADO SPRINGS, EL PASO COUNTY, COLORADO I 30x I0 I r?7:VACATED 4 5.90: EASEMENT 6 a 1829 09 PUBLIC DRAINAGE 81: UTILITY EASEMENT 2 PRIVATE SANITARY SEWER SERVICE EASEMENT . ?a OF LOT 3 71?30?51 7.00' ?(150' EA Rocx?r .2. . I JOB N0.: 22280 LAND 5 OCTOBER 15, 2008 Development Review Enterprise CITY OF COLORADO SPRINS September 5, 2007 ED . 850 ll 5 20 Mr. Brian Pfeffer CI. 07 PO. Box 50721 WEngineQ?n Colorado Springs, CO 80960 [7 RE: Minor Amendment to: Barons Ridge Broadmoor Resort Community Filing 1 DP 95-251-A5MN07 Dear Brian, City Planning administratively approved the above-mentioned Minor Amendment to the Development Plan on September 5, 2007. This approval is for the following: 1. Added a note on the DP stating that the number of lots have been reconfigured to 4 individual lots with 6 bring owned by one entity. 2. Added a note on the DP showing where the four single lots are located and were the six blanketed lots are located. 3. Added a note stating that the platted lot 4 and blanket lots 1-6 are subject to further geological hazard investigations. 4. Amended the maximum height from 32 feet to 35 feet. 5. Amended Class roof to Class roof. On August 20, 20076, the City approved a site specific geological hazard study for Lot 1 Barons Ridge at Broadmoor Resort Community, 1185 Charles Grove. This DP has been re?vested for four years as a reSult of the review for 1185 Charles Grove. Two (2) copies of the approved Minor Amendment are enclosed. Please attach one (1) copy of the approved Minor Amendment set to each of the two (2) sets of construction drawings submitted to the Regional Building Department in conjunction with the building permit application. Black line copies are acceptable to attach to the Regional Building sets. A Certificate of Occupancy will not be issued for the development until all private and public improvements shown on the plan are completed or ?nancially secured. This Development Plan will expire four years from the approval date unless a building permit is issued for the construction of the development. it any changes to the approved site become necessary prior to or during construction, an amended plan will need to be submitted for City Planning review and approval. I have attached a short Customer Satisfaction Survey form to this letter for your use. The City Planning and Community Department is committed to the provision of excellent customer service in conjunction with the development review process. To this end we are interested in receiving your comments regarding the service provided to you in conjunction with the review of this development application. Please take a few minutes to complete the attached survey form and mail it to Cor'nmuniCon, Inc. our survey research consultants. CommuniCon will provide us with reports of the survey results as well as of your comments; however, your individual responses are kept confidential by CommuniCon and are not disclosed. If you have any questions regarding this review, please contact me at dtodorice?lsprindsdovcom or call me at 3856099 i Cordially, I . rr?imma i I Denise Tortorice Plannerll 0. DS DP 95-251-A5MN07 Development Review Enterprise 0 2880 International Circle, Suite 200 a Colorado Springs, CO 80910 NCHOW I CONSULTANTS, MAR 0 6 1998 LAND Ms. Kathy Magargal Land Development 101 E. Costilla Colorado Springs, CO 80903 Re: Barons Ridge at Broadmoor Resort Community Filing No. 1 Drainage Facilities Dear Ms. Magargal: All of the private drainage facilities required for this subdivision have been installed in substantial accordance with the approved drainage reports. If you have any questions, please contact me at 475-2575. Sincerely, Rockwell-Minchow Consultants, Inc. Kent D. Rockwell, P.E. #25086 c: COG Land Development ENGINEERING - SURVEYING - CONSTRUCTION MANAGEMENT 2928 Straus Lane, Suite #100 WCoIorado Springs, CO 80907 Fax (719) 475-9223 . . . . . From: Dave Lethbridge Sent: Thursday, January 29, 1998 3:26 PM To: Brett Veltman Subject: FW: Barons Ridge at Broadmoor Resort Community Filing No 1 If this were a Hillside street, the 150 foot radius might not apply. Please disregard the prior comments and substitute with this: On the drawing, add the words, ?private street" by the words Charles Grove. All standard comments apply per the attached standard comments document. a Standard Commentsdoc Dave Lethbridge From: Day?fLethbridge Sent: Thursday, January 29, 1998 3:13 PM To: Brett Veltman Subject: Barons Ridge at Broadmoor Resort Community Filing No 1 AR 8 Bela-liens Ridge at Broadmoor Resort Community Filing no 1 On the drawing, add the woFd?sgr?Vlil'private street? by the words Charles Grove. If Charles Grove was a public stir the centerline radii would be at least 150 feet. Is the developer required to meet cit design standards for these private streets? All standard comments apply/per the at ched standard comments document. I Sent: Friday, November 08, 1996 3:41 PM To: James Mayer! Cc: Bruce Thorson; Dave Lethbridge Subject: Baron's Ridge Broadmoor Residential Resort, Filing No. 1 As requested, 1 have recently reviewed the latest Geo-Haz Report submitted by CTL/Thompson for the above referenced site. This report (dated 10/23/96) is a further analysis the geologic hazards in this area which were first examined by CTL/Thompson resulting in a previous report dated 9/6/95. This latest report concerns itself with essentially four geological hazards noted on this site; expansive soil, uncontrolled fill, debris flow, and landslide. This report contends that the first three of these hazards can be "easily mitigated by using commonly employed design and construction techniques". The fourth hazard (landslide) is examined in quite some detail in this report which includes the results of test borings and a slope stability analysis of three separate cross-sections taken across this site. This report states that "we have seen no evidence of lateral ground movement within the Barons Ridge Development", although it goes on further to state that "risk of reactivation of the ancient landslide exists". The calculated Factor of Safeties for these cross- sections ranged from 0.77 to 2.63, "depending upon the set of soil strength parameters used? in the analysis. Similar to that seen in the previous slope stability analysis for Lot 9 of the Broadmoor Residential Resort, Filing No. 1, the range of Factor of Safeties presented clearly shows the sensitivity of the analysis to the assumption made concerning soil strength parameters and modes of slope failure. As I've pointed out before, commonly used minimum slope stability standards accept Factors of Safety between 1.5 2.0 depending upon soil type. This report does not indicate which set of soil strength parameters, and hence which Factor of Safety, most applies to each cross- section taken. This report concludes that "the ground beneath Barons Ridge is stable?, although it recommends delaying construction on lots 4 and 5 to allow more readings in the inclinometer and to observe the performance of the golf course, and that prior to construction on Lot 3, a slope stability analysis be completed to include the influence of the planned construction on slope stability. Other recommendations to the controlling of surface drainage and minimization of landscaping are described to be "imperative". With regards to the report precautionary notes of limiting irrigation, I believe the City's/Broadmoor's/HOA ability to enforce this requirement long-term is realistically quite limited, at best. In addition, as previously pointed?out by the CGS, the limitations in surface infiltration proposed by the developer may have no significant effect on the overall groundwater table which drives this landslide complex. Annual precipitation and nearby faulting may be much larger factors which influence groundwater levels in this area, and these are much more difficult to predict or model and control, without some form of active mitigation, similar to that designed for the golf course. Considering the above review comments, and the geologic evidence of upsiope and downslope movement in the vicinity of this site, I believe that the report conclusion that "the ground beneath Barons Ridge is stable" is premature at this point when the report recommends that further study and analysis is required for 3 of the 10 lots planned in this area. In addition, the range of calculated Factor of Safeties, as stated above, do not clearly indicate reasonable stability considering that the report does not point-out which set of soil strength parameters, and hence which Factor of Safety is most appropriate for the given cross?sections. For these reasons, I would be very hesitant to approve any plans for construction on this site at this time, and would also recommend that the CGS provide the City with a review of this latest report prior to the City approving any plans for construction on this site.