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Mark Nieslanik
L812 Prince Creek Rd.
Carbondale CO 81623
RECEI\/ED
AUG 0 I ls5
tlAtiiirLr.,
OITCilTil8STffiI ;July 31,1995
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I am writing to you in response to the Anneliese Allen applica-
tion on Prince Creek Road outside Carbondale. I did attend the
planning and zoning meeting where the application was denied.
I just wanted to explain the reasons for my lack of support for
this project. In Carbondale there has been a big push to try to
save Agricult,ure and this subdivision is located in one of the
few ag: areas left. There are already four or six new homes that
were approved on the Hicks property. This $ras a L2@ acre farn
that is still being farmed. Those homes will have an imPact on
our conmunity and road. I am very concerned t,hat if AIIens are
allowed to build on 2 acre sites that the Hlcks will reapply for
additional homes. If thls happens the cascade effect will impose
a hardship on the farmlng and ranching community in this area. I
am aware that the future master plan has targeted t,his area for 6
to 9 acre homesites and agree that this is much less of an
lmpact on alt the surroundlng ranches. Attached please find a
petition signed by most of the surrounding property owners
agalnst this applicatlon. We hope that you consider all the
lmpacts that this application will cause for our community if
approved at it proposed density.
We all are aware that change must occur and this is why consider-
at,ion of the future plan is essential even though the plan ls
still being worked on. I echo the planning and zonings feelings
that the plan needs to be finished before any of this appllca-
tions are considered, and hope that you will support and help the
planning and zonLng accompllsh this.
S ince re Iy
Mark
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PETITION AGAINST MOUNTIAN MEADOWS AT PRINCE CREEK SUBDIVISION
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(970) 945-1004
FAX (970) e45-5e48
EflG'TVEEBST^*M--
SCHMUESER :
GOBDON ME'IEF
'118 West 6th, Suite 200
Glenwood Springs, CO 81601
July 10, 1995
Mr. Mark Bean
Director of Community Dev
109 8th Street
Glenwood Springs, CO 81t
Dear Mark:
The following information is
for Mountain Meadows at P
requirements of Section 4:(
The applicants drilled a new
The well was drilled to a dr
24-hour pump test was con
test results attached.) The
24 hours, and had a total dr
level of 141 feet, 10 inchet
This pump test shows that
the domestic water requiret
A water quality analysis w
water analysis results attac
Standards for the State of (
is hard, as measured by th
homeowner's may wish to
harder than they are accus'
lf you have any questions r,
Sincerely,
SCHMUESER GORDON ME
-veo-, z/ A
Dean W. Gordon, P.E.
President
DWG/dd95008
evelopment
r1601
ration is being provided as a supplement to the Preliminary Plan submittal
ws at Prince Creek. This information is intended to satisfy the remaining
tion 4:91.A, Garfield County Subdivision Regulations.
I a new well in the southeastern part of the property during May of 1995'
to a depth of 185 feet, and had a water level of 141 feet 7 inches. A
ras conducted by Aqua Tec Systems, lnc. on May 16 and 17. ( See pump
l.) The well was pumped at a sustained rate of 20 gallons per minute for
total draw down of eight feet two inches. The well recovered to a water
) inches within 25 minutes after pumping stopped.
ys that this well will supply the 1O gallons per minute necessary to serve
requirements of this development.
lysis was provided by National Testing Laboratories, lnc. (See drinking
ts attached.) The sample tested was within the Primary Drinking Water
ate of Colorado established for minimum safe drinking water. The water
d by these standards, but is not unusually hard for this area. lndividual
vish to install water softeners in their homes if they find the water to be
) accustomed to.
Itions regarding this information, please feel free to call me at my office.
MEYER, INC.
?oJon
I
(970) 945-1004
FAX (970) 945-5948
ENGINEERS
7S..-M-
118 West 6th, Suite 200
Glenwood Springs, CO 81601
SCHMUESEH
GORDON MEYER
August 4, 1 995
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Mountain Meadows at Prince Creek
Dear Mark:
At the Planning Commission hearing for this project, a number of issues were raised which we
would like to further address. Although this information was provided as part of the original
submittal, we felt it might be helpful to answer some of the questions which were raised, and
to clarify some of the information previously provided. John Schenk has provided a letter in
response to legal issues raised by the staff report and discussed during the hearing. This letter
will address only the questions related to more technical and engineering issues.
WELL PRODUCTION
ln May of this year, Shelton Drilling Company drilled a new well on this property. This well
is located near the Southern boundary of proposed Lot 2. The well was drilled to a depth of
181 feet, and had a water level of approximately 15O feet. On May 16 and 17 Aqua Tec
Systems, lnc. conducted a 24hour pump test using a pumping rate of 20 gallons per minute.
The water level at the beginning of the test was 141 feet 7 inches. At the completion of the
test, the water level was 1 5O feet 2 inches, a draw down of only 9 feet 5 inches. Within 25
minutes after pumping stopped, the water level recovered to 141 teet 10 inches.
Based on this information, we feel that this well will supply the domestic needs of the seven
new homes proposed in this subdivision. Because of its distance from existing wells - over
600 feet - this well's cone of inf luence will not impact or affect the water production from any
other wells in the neighborhood.
POSITION OF COUNTY LINE
The Planning Staff has requested that the position of the county line be verified by the county
surveyor prior to Final Plat.
ln order to determine the position of the county line, two county line markers were located and
surveyed. Copies of the monument records for those markers as well as calculations to
determine their position in relation to this subdivision have been submitted to Sam Phelps for
his review.
TRAFFIC IMPACTS
A capacity analysis based on the 1985 Highway Capacity Manual for two lane highways has
been done on Prince Creek Road in the vicinity of the proposed Mountain Meadows at Prince
Creek development. Existing traffic volumes have been determined by Garfield County and
are in the range of 360 vehicles per day at the county line. Assuming a conservative value
of 12o/o of the daily volume occurs during the peak hour, the design hourly volume is 44
vehicles per hour. This result is a level of service "A", based on 1O foot paved lanes and
August 4, 1995
Mr. Mark Bean
Page 2
1 ft. usable shoulders.
The proposed development will consist of 7 single family units. Using a trip generation rate
of 1O- vpd/unit, the proposed traffic will be approximately 7O vpd. The design hourly volume
will be about 8 vehicles. This results in a design hourly volume of 52 vehicles. The existing
road has the capacity for 25Ovehicles per hour at level of service "A".
The conclusion of this analysis is that the existing Prince Creek Road has the available
capacity to adequately handle the additional traffic generated by the Mountain Meadows
development.
I hope this information has been helpful in clarifying these points. Please call if you have any
questions.
Sincerely,
SCHMUESER GORDON MEYER, INC.
DD/92068
SCHMUESER GORDON MEYER, INC.
Dean W. Gokdo
1.985 HCM:TWO-LANE HIGHWAYS****************************************************************
FACILITY LOCATION....
ANALYST
TIME OF ANALYSIS.....
DATE OF ANALYSIS.....
OTHER TNFORMATION....
A) ADJUSTMENT FACTORS
Prince Creek Road
DJC
PM Peak Hour
o8-07-L995Existing traffic at county line
PERCENTAGE OF TRUCKS
PERCENTAGE OF BUSES
PERCENTAGE OF RECREATIONAL VEHICLES
DESTGN SPEED (MPH)....
PEAK HOUR FACTOR
DTRECTTONAL DTSTRTBUTTON (UPIDOWN) . . . .
LANE WIDTH (FT).
USABLE SHOULDER WrDTH (AVG. WrDTH rN FT. )...
PERCENT NO PASSING ZONES
B) CORRECTTON FACTORS
2
0
0
l_
0
50
l_so/so
l_0
ROLLING TERRAIN
EE
4
5
3
3.4
3.4
2.9
,o
3.2
3.9
3.9
3.3
3.3 .78
.63
.63
.63
.63
1
1
.94
.93B
c
D
E
c) LEVEL
.93
o')
.93
OF SERVICE RESULTS
INPUT
ACTUAL
LOS
VoLWE(vph):
FLOW RATE:
SERVICE
FLOW RATE
44
44
v/c
A
B
C
D
E
250
425
686
101-3
7962
GIVEN
. l_5
.26
.42
.62
o.?
CONDITIONS: ALOS FOR
LOS
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5
A
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(970) 945-1004
FAX (970) e45-5948
ENGINEERS
T..-M-
scHMUEsER
-
GOBDON MEYER
'l1B West 6th, Suite 200
Glenwood Springs, CO 81601
August 7, 1 995
Sam Phelps
Garfield County Surveyor
1Og 8th Street
Glenwood Springs, CO 81601
RE: Mountain Meadows at Prince Creek
Dear Sam:
As part of the approval process for the above referenced subdivision, the planning
staff has asked for your verification of the position of the Garfield - Pitkin County line.
! have included for your use copies of the monument records filed for two county line
monuments which were found in the field. I have also included a copy of calculations
relating the County line in relation to this subdivision. Please review this information
and write a letter stating your agreement or disagreement with the position as shown.
The line was adjusted to the parallel by the Secant method. The offsets to the parallel
were taken from the BLM's Standard Field Table book, using the appropriate latitude.
lf you have any questions, please give me a call.
Sincerely,
SCHMUESER GORDON MEYER, INC.
bLoP
Kenneth L. Wilson, P.L.S.
(970) 945-1004
FAX (J70) 945-5948
ENG'A/EEFS:S..
-M-_
5UN,UEDE' :
GORDON MEYER
t-rer_ll (XI;,*fV
September 19, 1995
Mr. Mark Bean, Planning Director
Garfield County Sanitation,
Building & Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 91601
.^... Jf.:-,,r
,t€Qclaz Vgr,ttgo
ru/tu r PLISL/O
,4gn'z-il6
RE:Mountain Meadows at Prince Creek
Domestic Water Svstem Lavout
Dear Mark:
The purpose of this memo is to request on behalf of the owner of the property, Dr. Wilmer
C. Allen, consideration for an unlooped water system as shown on Sheet 3 of the final plan
submission. For purposes of reference, on Sheet 3A, we have shown a looped system as was
discussed at the last public hearing.
We have had a chance before to discuss the literal interpretation of the County Requirements
requiring a looped system. lt is unusual that every single piece of waterline distribution
system in any overall system is completely looped. lQOo/o looping often results in very
uneconomical waterline runs and runs which tend to be difficult to access from an operation
and maintenance standpoint.
Looping is typically done in order to provide hydraulic strengthening (which, in turn, would
reduce the size of waterlines) and to minimize the number of individual taps affected by main
lines requiring servicing. With respect to the Mountain Meadows at Prince Creek Subdivision,
please note the following:
1. This system does not need hydraulic strengthening. The waterlines sizes as
shown have minimal headloss and no improvement in the hydraulic delivery
system will occur as a result of looping.
lf a main line requires servicing on either of the unlooped lines in the main
access roadway, then the residences not on that particular line will not be
down. There are four residences on one line and three residences on the other.
lf there were a service requirement on the line between the well and the access
road, then all seven units would be affected.
The unlooped system has approximately 1O3O' of waterline. lf the system
were looped, an additional 975' of line would be required, most of that Iine
located in rear lot line easements which tend to be difficult to access and
maintain over time. The number of feet in the water system would, therefore,
be increased from 1 030' to 2004' , or an increase of 95% in the total length of
the waterline. That increases the possibility of a waterline requiring service by
95o/o.
2.
3.
September 19, 1995
Mr. Mark Bean
Page 2
4. lf a waterline breaks anywhere within the access road, then the same number
of units would be without water service, either four units or three units,
respectively, because of the main line valving configuration, whether looped or
unlooped. The advantage gained by the looping is that the portion of system
that would cause all the residences to be without water, is reduced from
approximately 222' down to less than 1O', the distance between the pump
house and the first tee in the system. ln order to reduce the length of common
line, however, a total of 975' of line must be added.
ln summary, it is our opinion that, in this particular case, looping of the water system is not
warranted. The benefits of a looped system are outweighed by the cost and, therefore, the
looping cannot be justified.
Thank you for the opportunity to discuss this issue on behalf of Dr. Allen. We would further
request a variance on the literal interpretation of the Code with respect to looping from the
Board of County Commissioners.
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
DWG:lec/95OOBA.1
cc: Dr. Wilmer C. Allen, Owner
John R. Schenk, Esq.
SCHMUESER GORDON MEYER, INC.
Qrr*., KERSr & dewrNTr*, ,?
ATIORNEYS AT I.AW
SUTTE 310, 3M EIGHTH STREET
GLEI.I'WOOD SPRINCS, COLORADO 8160I
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-2977
July 12, 1995
JOHN R. SCHENK
DAN KERST
WILLTAM J. dewINTER, III
Robert B. Emerson, Esq.
86 South Third Street
Carbondale, CO 81623
Re:
Dear Bob:
Transmitted Via Telecopier Only
Telecopier No. (970) 963-0985
Mountain Meadows at Prince Creek Subdivision
Following this letter is revised page 17 of the Declaration of Covenants for Mountain
Meadows at Prince Creek. This revision should protect the interests of the owners of your
property and the Finley's property.
In addition, I want to confirm that the Application for Water Rights will be amended at
your request to delete the Allen Well No. I from the Augmentation Plan. That Well will rely
soley on the exemption provisions of the Colorado Statutes. It will be our intention to obtain
a decree acknowledging the exempt status of this Well.
JRS/sn
Enc.
cc: Dr. and Mrs. Wilmer C. Allen ia Telecopier Onl
DECLARATION OF COYENANTS, COI\DMIONS,
RESTRICTIONS AND EASEMENTS FOR
MOTINTAIN MEADOWS AT PRINCE CREEK STJBDTVISION
Anneliese K. Allen ("Declarant"), as owner of certain real property in the County ofGarfield, State of colorado, known as the Mountain Meadows at prince creek Subdivision("Mountain Meadows at Prince Creek") depicted on the plat of same recorded on
_, 1995, as Reception No. in the records of the Clerk andRecorder of Garfield County, Colorado, lthe "PlatJffiEscribed as follows:
A parcel of land situated in Lots 8 and 9 of Section liiiand in Lots 3 and 4 ofSection 14, all in Township 8 South, Range 88 West bf tfre Sixth principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness ".r., set for the
southwest corner of Section 11 of said Township and Range bears S. 5go36,04"W. 869.15 feetdistant; thence along a fencerlinethe follo-wing two (2) courses:
(1)
(2)
N. 88"12'03" E. 173.07 feet
N. 89"35',12' E. 120.63 feet
N. 19'44'01' E. 99.39 feer
N. 06"09'31" 8.74.87 feet
N. 09'29'08" E. 163.04 feet
N. 38'25'59' E. 371.83 feet
N. 30'17'23" E. 137.72 feet
to the intersection with a north south fence line; thence s. 01.45,40, E. 237.44
feet along said fence line to an intersection witit an east west fence line; thenceN. 88'16'4L'F,.739.99 feet along said fence line; thence S. 02o41,45, E.530.78 feet to a point on the county line between Garfield County and pitkin
county; thence N, 90'00'00'w. 1434.s5 feet along said county line to a point
on a north south fence line; thence along said fence line the foilowing nve (S)
courses:
(l)
(2)
(3)
(4)
(s)
to the point of beginning. Said parcel of land contains 17 .8g3 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Planned Community Common InterestCommunity, to be known as Mountain Meadows at Prince Creek Subdivision, in which certaincommon property will be owned by the Mountain Meadows at Prince Creek HomeownersAssociation, a Colorado nonprofit corporation, its'successors and assigns (the "Association,,).
Declarant makes the following declarations:
I tr\AIlsDrOAAT. htr Ld ?/tzq
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ARTICLE I
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the
following covenants, conditions, restrictions, and easements ("Covenants") which shall affect all
of the Property. From this day forward, the Property shall be held, sold and conveyed subject
to these Covenants. These Covenants shall run with the land and shall be binding upon all
persons or entities having any right, title, or interest in all or any part of the Property, including
Declarant, and their heirs, successors, assigns, tenants, guests and invitees. These covenants
shall inure to and are imposed for the benefit of all Lot Owners of parcels of land located within
the Property. These Covenants create specific rights and privileges which may be shared and
enjoyed by all owners and occupants of any part of the Property. Declarant hereby submits the
Mountain Meadows at Prince Creek Subdivision to the provisions of the Colorado Common
Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes, as it may be
amended from time to time (the "Act"). In the event the Act is repealed, the Act, on the
effective date of this Declaration, shall remain applicable.
I.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual
[,ots and improvements to be made within the Property, to prevent any furure impairment of the
Property, and to preserve, protect, and enhance the values and amenities of the Properfy. It is
the intent of Declarant to guard against the construction on the Property of Improvements built
of improper or unsuitable materials or with improper quality or methods of construction.
Declarant intends to encourage the construction of attractive permanent Improvements of
advanced technological, architectural, and engineering design, appropriately located to preserve
the harmonious development of the Property.
1.3 Existini CovenAptg. The Property is currently subject to and bound by a
Declaration of Covenants and Restrictions dated Febru ary 7 , 1980, and record ed, February 22,
1980, as Reception No. 301853 in Book 5M atPage 149. The within Declaration is intended
to supplement that existing deilaration.
,ilIl?.h?11,
Each capitalized term not otherwise defined in this Declaration or in the Map shall have
the meanings specified or used in the Act. The following terms, as used in this Declaration, are
defined as follows:
2.1 "Design Guidelines" shall mean the rules and regulations adopted by the
Association in conformance with and pursuant to this Declaration to maintain the quality and
architectural harmony of Improvements in the Mountain Meadows at Prince Creek Subdivision.
2.2 "Improvements" shall mean all buildings, parking areas, loading areas, fences,
walls, hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape,
excavation and all other site work, including, without limitation, grading, roads, utility
improvements, removal of trees or plants. "Improvements" do include both original
improvements and all later changes and improvements. "Improvements" do not include turf,
ll:Ws\Alr$l)lrllRAI'- hn hrd l/r29,
o
replacementshrub or tree repair or
exterior appearances.
of a magnitude which does not change exterior colors or
2.3 "!41" shall mean any lot shown on the Plat of Mountain Meadows at Prince Creek
Subdivision which may be conveyed in conforrnance with the laws of the State of Colorado. For
purposes of conforming the terms and provisions of this Declaration to the terms and conditions
of the Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the
Act.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Lots in MounEih Meadows at Prince Creek is
3.2 Common Elements. The Common Elements include: ,,,
(a) All underground water and,water rights appurtenant to the Property,
including all well and well rights, all augmentation rights, a proportionate share of a
contract with the Basalt Water Conservancy Diitrict, all rights attributable to Declarant
in respect to the Property as decreed in Case No _ in the District Court, Water
Division No. 5, Colorado Well Permit No.,,:issued for the Mountain Meadows
Well No. 1, together with all well casing,,screuu; pumps, piping, storage tank, valves,
hydrants and other appliances for the domestie water system from any well to the point
of individual service for any lot in Mountain Meadows at Prince Creek;
(b) AU surface water and water rights, ditch and ditch rights appurtenant to
the Properfy in the East Mesa Water Company, including, without limitation, one-half
(ll2\ of the amount allocated to Grantee in the Agreement dated May 15, 1975, and
recorded May 20, 1975, in Book 474 at Page 116 as Reception No. 267669 of the
records of Garfield County, (hereafter the "DaIy Agreement"), which shall be
equivalent to 16 shares of stock in the East Mesa Ditch Company, together with all
underground irrigation piping and appurtenances within the Property and a proportionate
interest in the delivery system to the Property, subject to the rights of the holders of
two (2) undivided 1/16th interests in the Daly Agreement as described in the
document recorded as Reception No. 301854 in Book 544 at Page t55 on February
11, 1980, and in the document recorded as Reception No. 306879 in Book 554 at
Page 642 on August 26, 1980, and further subject to Declarant's reservation of an
undivided 3/8th interest in such water and water rights and the Daty Agreement;
(c) All private roadways over and across the Property providing access to
County Road 111; and
(d) All access and utility easements depicted on the map of Mountain
Meadows at Prince Creek and other easements depicted on said map or described below,
all of which are designated by this Declaration for the common use and enjoyment of Lot
Owners and their families, tenants, guests and invitees and not for the public. The
Association, subject to the rights and obligations of the Lot Owners set forth in this
Declaration, shal
Elements.
o
lbe responsible for the management control of the Common
3.3 Allocated Interests. The undivided interest in the Common Elements, the
Common Expense liability and votes in the Association allocated to each Lot Owner shall be
allocated to each Lot and calculated as follows:
(a) the undivided interest in Common Elements, on the basis of an equal
interest for each Lot;
(b) the percentage of liability for Common Expenses, on the basis of equal
liability for each Lot; and
(c) the number of votes in the Association, on the basis of one vote per Lot.
3.4 Conveyance of Water Rights. By separate instruments, Declarant shall transfer
to the Association all water and water rights appurtenant to the Property described in Section 3.2
above, subject to the interest previously conveyed or r€served as described above. Such
water and water rights shall be held by the Association in trust for the use and benefit of the Lot
Owners and shall not be sold, leased, conveyed or encumbered by the Association.
3.5 Water Systems Operation. it. domestic potable water system and the irrigation
system, including all pumps, main distribution lines and facilities, will be owned, operated and
maintained by the Association. All charges for operations (including all contracis) shall be
initially paid by the Association and chargecl as a Cbmmon Expense tJthe Lot owners. Each
Lot Owner and the Executive Board shall cooperare with the applicable public health and other
governmental officials to comply all laws and regulations governing the use of such systems and
rights. Each Lot Owner will own and be responsible for all costs, expenses and liabilities from
such Owner's points of connection to the Association's distribution lines. Each Lot Owner shall
be responsible for the operation and maintenance of a curb stop valve and a totalizing flow meter
for the water lines servicing such Lot Owner's Lot. Each Lot Owner shall adhere to the terms
of any water rights decrees and permits affecting water service on the Properry and other water
rights arising on or carried through the Property, including carriage righis of other owners of
interest in the East Mesa Water Company, including, without limitation, the Agreement dated
May 15, 1975, and recorded May 20, L975, in Book 474 atPage 116 as Reception No. 267669,
the Well, Water and Road Agreement dated February 7, Ig8O, recorded February 22, 1980, tn
Book 544 at Page 155 as Reception No. 301857 and the Well Water and Road Agreement dated
August 22, 1980, and recorded August 26, 1980, in Book 554 atPage 642 as Reception No.
306879. Without limiting the foregoing, the utilization of the surface irrigation warer from
the East Mesa Water Company shall be coordinated with the other owners of interests in such
water right which include access easements along ditch right of ways for repair, cleaning and
maintenance. The irrigation system shall be regulated and operated at all times in a manner
so as to balance the use of the irrigation water by alt persons entitled to the benefit of such
water and shall not discriminate against or othenvise adversely impact the owners of shares
in such water who are not members of the Association (to-wit: o*ners of the remaining
one-half interest). Any capital improvements or modifications required for residential use
on the Property shall be paid exclusively by the Association and shall not be chargeable to
the remaining owners of interests in the irrigation system. The Owner of Lot 8 will not be
o
and
entitled to any portion of the water or water rights in Mountain Meadows Well No. 1, but shall
be entitled to an interest in the Allen Well No. 1. The Association shall have the right upon
reasonable notice to shut off or curtail diversions for the purpose of administration and operation
of any decreed plan of augmentation or contract obligation. The Association, through its agents,
shall have full and free access at all reasonable hours to read meters, examine water pipes and
fixtures, determine water usage and take other necessary actions to assure compliance with any
decreed plan of augmentation and the rules of the Association. In the event of emergency, based
on good faith determination by the Association, reasonable notice shall not be required, if
impractical. The Association shall establish charges for water usage based on metered
consumption such that the water systems will be independently supported with adequate reseryes
for capital replacement
3.6 Road Access. The primary roadway easemeat ind..rigtrt of way depicted on the
Plat for access to Mountain Meadows at Prince Creek shall be conveyed to the Association by
Declarant. The Association shall be responsible for the maintenance of said road. Such
maintenance will include periodic maintenance of the surface and regular snow, ice, and trash
removal. The Association will not be responsible for maintenance of private drives located on
any Lot. The Executive Board shall cooperate with the applicable traffic and fre control
officials, and shall post the road with required traffic control, fire lane, and parking regulation
signs.
3.7 Recorded Easements. The Pfoperty, and all portions thereof, shall be subject to
all easements shown on the recorded Map affecting the Property, or any portion thereof, and to
any other easements of record,,,or of use as of the dale of recordation of the Declaration.
3.8 Utilitv EasementS. Declarant reserves to Declarant and hereby grants to the
Association (and to the ovmers of water rights as described in Sections 3.2 and 3.5 above
as pertains to the irrigation system only) a general non-exclusive easement upon, across, over,
in, and under the utility easements as depicted on the Plat for ingress and egress and for
installation, replacement, repair, and maintenance of all utilities, including but not limited to
domestic and irrigation water, sewer, gas, telephone and electrical systems. By virue of this
Easement, it shall be expressly permissible and proper for the companies providing electrical,
telephone and other communication services to install and maintain necessary electrical,
communications, and telephone wires, circuits, and conduits in the easement. No water, sewer,
gas, telephone, electrical, or communications lines, systems, or facilities may be installed or
relocated on the surface of the Property, except for necessary surface facilities. Such utilities
temporarily may be installed above ground during consffuctiorr, if ,pproved by the Declarant or
the Association. Any utility company using this general easement shall use its best efforts to
install and maintain the utilities provided for without disturbing the uses of the Lot Owners, the
Association, and Declarant; shall prosecute its installation and maintenance activities as promptly
and expeditiously as reasonably possible; and shall restore the surface to its original condition
as soon as possible after completion of its work. Should any utility company furnishing a
service covered by this general easement request a specific easement by separate recordable
document, either Declarant or the Association shall have, and are hereby given, the right and
authority to grant such easement upon, across, over, or under any part of all of the Property
without conflicting with the terms of this Declaration. This general easement shall in no way
affect, avoid, extinguish, or modify any other recorded Easement on the Property. All service
ll:ft\AI]aDE&I. hn kd r/lr9l 5
connections to (including transformers) primary utility lines serving each Lot shall be the
responsibility of the Lot Owner.
3.9 Emergency Access Easement. A general easement is hereby granted to all law
enforcement, fire protection, ambulance, and all other similar emergency agencies or persons
to enter upon the Property in the proper performance of their duties.
3. 10 Maintenance Easement. An easement is hereby reserved to Declarant, and granted
to the Association, its officers, agents and employees, successors and assigns, upon, across,
over, in and under the Property and a right to make such use of the Properry as may be
necessary or appropriate to make emergency repairs or to perform the duties and functions which
the Association is obligated or permitted to perform, including without limitation, any actions
in respect to the water distribution systems and individual sewage disposal systems (ISDS).
3.11 Drainage Easement. An easement is hereby reserved to Declarant and granted
to the Association, its officers, agents, employees, successors and assigns to enter upon, across,
over, in and under any portion of the Property for the purpose of changing, correcting, or
otherwise modifying any existing drainage channels on the Property so as to protect the historic
drainage pattern of water. Reasonable efforts shall be made to use this easement so as not to
disturb the uses of the Lot Owners, the Association and Declarant, as applicable, to the extent
possible; to prosecute such drainage work promptly and expeditiously; to avoid interference with
existing structures; and to restore any areas affected by such work to the condition existing prior
to the work as soon as reasonably possible following such work. Declarant and Declarant's
agents, employees, successors and assigns must inform and obtain the written approval of the
Executive Board and any affected property owner (including owners of any Tract described
in the Exemption Resolution No. 79-144 recorded in Book 539 at Page 751 as Reception No.
299592 on November 19, lgTg)t Such approvals shall be obtainea prior to undertaking such
drainage work, which approval shall not be unreasonably withheld.
3.12 Easements Deemed Created. All conveyances of any part of the Properry made
after the date of this Declaration, whether by Declarant or otherwise, ihall be construid io grant
and reserve the easements contained in this Article III even though no specific reference to such
easements or to this Declaration appears in the instrument for such conveyance.
r,#31r.,'il,*
4.1 Membership. Every person, by virnre of being a Lot Owner and while such
person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant
to and may not be separated from Ownership of any Lot. No Lot Owner, whether one or more
persons, shall have more than one membership per Iot owned, but all of the persons owning
each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such
Ownership.
4.2 Authoritv. The business affairs of Mountain Meadows at Prince Creek shall be
managed by the Mountain Meadows at Prince Creek Homeowners Association, a Colorado
nonprofit corporation.
6x ,&r .\ulNDtrtlR I- lhf, tud 7/129,
o
The
and
4.4 Declarant Control. The Declarant shall have all the powers reserved in Section
38-33.3-303(5) of the Act to appoint and remove officers and members of the Execurive Board.
ARTICLE V
COVENANTS FOR COMMON E)(PENSE ASSESSMENTS
5.1
Assessments. Declarant, for each Lot, hereby covenantr@, of uny Lot, by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, arl
deemed to covenant and agree to pay to the Association anrnral Clmmon Expense Assessments.
Such assessments, including fees, charges, late charges; aftorney fees, fines and interest chargedby the Association shall be the personal obligation of the lot Owner at the time when ihe
assessment or other charges became or fell due. Two or more Lot Owners of a Lot shall bejointly and severally liable for such obligations. The personal obligarion to pay any past due
sums due the Association shall not pass to a successor in title unless eipressly assumed by them.
The Common Expense Assessments of the Association shall be a continuing tien upo, ih. t t
against which each such assessment is made. A lien under this Section is prior to all other liens
and encumbrances on a Lot except: (a) liens O.r.urobr*.es recorded before the recordation
of the Declaration; (b) a first lien Security Interest on the Lot recorded before the date on which
the Common Expense Assessment sought -to be enforced became delinquent; and (c) liens for
real estate taxes and other governmental assessments or charges against the Lot. This Section
does not prohibit an action to recover rumi for which this Sectionireates a lien or prohibit the
Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect
the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any firstlien Security Interest, or any proceeding in lieu thereof, inciuding deed in lieu of foreclosure,
or cancellation or forfeiture st utt orrty extinguish the Associationt lien as provided in the Act.
No such sale, transfer, foreclosure, nor cancellation or forfeinrre shall relieve any Lot Ownerfrom c-ontinuing liability for any Common Expense Assessments thereafter becoming due, norfrom the lien thereof.
5.2 Aoportionment of Common Expenses. Common Expenses shall be allocated and
assessed against Lots based on a equal share for each l,ot.
5.3 Pumose of Assessments. Assessments levied by the Association shall be used
exclusively to promote the health, safety and welfare of the residents of Mountain Meadows at
Prince Creek and for the improvement and maintenance of the Common Elements, including,
but not limited to: taxes and insurance on the Common Elements, reserve accounts, the cost oflabor, equipment, materials, management and supervision, the salary or fee of any manager,
utilities, transportation, professional fees and other customary chargei.
5.4 Annual Assessment/Commencement of Common Exoense Assessments. Common
Expense Assessments shall be made on an annual basis against all Iots and shall be based upon
the Association's advance budget of the cash requirements needed by it to provide for the
administration and performance of its duties during such assessment year. Common Expense
Association shall have all of the powers and authority permitted
proper to manage the business and affairs of Mountain Meadows
4.3 Powers.
under the Act necessary
at Prince Creek.
ll:W\AllsDfq&T. hn hd 7/,29J
Assessments shall be payable in monthly installments and shalt begin on the first day of the
month in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs.
5.5 Effect of Non-Payment of Assessments. Any assessment, charge or fee provided
for in this Declaration, or any monthly or other installment thereof, which is not fully paid
within ten (10) days after the due date thereof shall bear interest at the rate as determined by the
Executive Board. A late charge of up to five percent (5%) of each past due installment may also
be assessed thereon. Further, the Association may bring an action at law or in equity, or both,
against any Lot Owner personally obligated to pay such overdue assessments, charges or fees,
or monthly or other installments thereof, and may also proceed to foreclose its lien against such
Lot Owner's Lot. An action at law or in equity by the Association against a Lot Owner to
recover a money judgment for unpaid assessments, charges or fees, or monthly or other
installments thereof, may be commenced and pursued by the Association without foreclosing,
or in any way waiving, the Association's lien.
5.6 Working Fund. The Association or Declarant shall require the first Lot Owner
of each Lot (other than Declarant) to make a nonrefundable payment to the Association in an
amount equal to one-sixth of the annual Common Expense Assessment against that Lot in effect
at the closing thereof, which sum shall be held, without interest, by the Association as a
"working fund. " The working fund shall be collected and transferred to the Association at the
time of closing of each sale by Declarant of each Lot and shall be maintained for the use and
benefit of the Association. Such payment shall not relieve a Lot Owner from making regular
payments of the assessments when due. Upon the transfer of a Lot, a Lot Owner of same shall
be entitled to a credit from the transferee fot any unused portion of the working fund.
DESIGN REVIEW
6.L Desien Guidelines. The Association shall adopt, establish and publish from time
to time Design Guidelines. The Design Guidelines shall not be inconsistent with this
Declaration, but shall more specifically define and describe the design standards for Mountain
Meadows at Prince Creek. The Association may also establish reasonable criteria, including,
without limitation, requirements relating to design, scale and color, as the Association may deem
appropriate in the interest of preserving the aesthetic standards of Mountain Meadows at Prince
Creek. The Design Guidelines may be modified or amended from time to time by the
Association. Further, the Association, in its sole discretion, may excuse compliance with the
Design Guidelines as are not necessary or appropriate in specific situations and may permit
compliance with different or alternate requirements. Compliance with the Association's Design
Review process shall not be a substitute for compliance with applicable governmental building,
zoning and subdivision regulations. Each Lot Owner shall be responsible for obtaining all
approvals, licenses and permits as may be required before commencing construction.
6.2 Design Review. The Association shall review, study and either approve or reject
proposed Improvements in Mountain Meadows at Prince Creek, in compliance with this
Declaration and the Design Guidelines. In any Design Review, the Association shall exercise
its best judgment to see that all Improvements conform and harmonize with any existing
structures as to external design, quality and type of construction, materials, color, location,
height, grade and finished ground elevation and all aesthetic considerations set forth in this
ll:Ws\AlI-INDEIaRAT hn lhd 7/t/9J
Declaration and in the Design Guidelines. The Association's exercise of discretion in approval
or disapproval of plans or with respect to any other matter before it, shall be conclusive and
binding on all parties.
6.3 Design Review Procedures. The President or other executive officer of the
Association shall preside over all meetings for Design Review and shall provide for reasonable
notice to each member of the Association before any such meeting. The notice shall set forth
the time and place of the meeting, and notice may be waived by any member. The affirmative
vote of the majority of the members of the Association shall govern its actions and be the act
of the Association. A quorum shall consist of a majority of the, members. Any applicant
member seeking a Design Review nevertheless shall be entitled to vote on any action or
decision. The Association may avail itself of technical and professional advice and consultants
as it deems appropriate. The Association shall make such rules as it may deem appropriate to
govern its such proceedings.
6.4 Design Review Expenses. The er.Oii"iioo shall have the right to charge a
reasonable fee for each application submitted to it for Design Review, in an amount which may
be established by the Association from,' . to'..,tirne, and recover the reasonable costs and
expenses of any technical and professional advice and consultants required to properly consider
the application and to generally defray the expenses of,the Association for this purpose.
6.5 Limitation of Liabilitv. The,:,AssociatiOn shall use reasonable judgment in
accepting or rejecting plans and specifications submitted to it for Design Review. Neither the
Association, Declarant, nor: any officer, ExecutiV0,,,,,Board member or individual Association
member, shall be liable to any person for any act of the Association concerning submitted plans
and specifications, except for wanton and willful acts. Approval by the Association does not
necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding
Association approval of plans and specificaiion, neither the Association nor any of its members
shall be responsible or liable to any Lot Owner, developer or contractor with respect to any loss,
liability, claim or expenses which may arise because of approval of the construction of the
Improvements. Neithei the Executive Board, the Association, nor Declarant, nor any of their
employees, agents or consultants shall be responsible in any way for any defects in any plans
or specifications submitted, revised or approved in accordance with the provisions of the
Declaration, nor for any structural or other defects in any work done according to such plans
and specifications.
ARTICLE VII
CONSTRUCTION AND ALTERATION OF MPROVEMENTS
7.1 General. The Design Guidelines and the provisions set forth in these Covenants
shall govern the right of a lot Owner to construct, reconstruct, refinish, alter or maintain any
Improvement upon, under or above any of Mountain Meadows at Prince Creek, and to make or
create any excavation or fill on Mountain Meadows at Prince Creek, or make any change in the
natural or existing surface contour or drainage, or install any utility line or conduit orr or over
Mountain Meadows at Prince Creek.
7 .2 Approval Required. No Improvement in Mountain Meadows at Prince Creek shall
be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any
construction, repair or reconstruction be commenced until plans for such Improvement shall have
been approved by the Association; provided, however, that Improvements and alterations which
are completely within a structure may be undertaken without such approval.
7.3 Specific Requirements for Buildings. Subject to governmental regulations, no
buildings shall be placed, erected, altered or permitted to remain on any Lot other than one (1)
single family dwelling, one (1) attached or detached garage or other non-residential outbuilding
other than a garage not exceeding one hundred (100) square feet. All buildings shall be located
wholly within the building envelope designated for a Lot as depicted on the Plat. The building
size of the principal dwelling on any Lot shall not be less than 1,500 feet nor more than 6,000
square feet, exclusive of all areas utilized for garages and open porches. Each Lot will include
plumbing fixtures using low water use technology. Atl Lots will utilize white or earth tones for
exterior surfaces and non-reflective roofing materials.
7.4 Mt. Sopris View Corridor. No building shall be constructed as to significantly
interfere with the view of Mt. Sopris from any other Lot.
7.5 Building Height Limitation. No building shall exceed a height of twenty feet
(20') on Lots 1, 2,3 and 7 and twenty-five feet (25'(:on Lots 4, 5, 6 and 8. The height shall
be measured vertically from the undisturbed or nulgpl,ground surface at the midpoint between
the front and rear walls of any building to the highest point of the roof.
7.6 Fireplaces and Stoves. In order to protect against air quality degradation from
the utilization of solid fuel burning devices, no open hearth solid fuel fireplaces shall be allowed.
There shall be no restriction on the number of natural gas burning fireplaces or appliances.
Each dwelling unit will be allowed one (1) new wood-burning stove as defined by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder.
7.7 Fences and lledges. Tha gpe and location of all fences and hedges will be
subject to the approval of the Design Review Committee prior to installation. Only wooden
fences shall be permitted within the Properry, with limited exceptions for small gardens, kennels,
play areas for small children or otherwise and only in circumstances where a wooden fence
would not serve the required purpose. Barbed wire fencing shall be prohibited. The Design
Review Committee shall consider the effect on wildlife activity prior to approving any requested
fencing. Wood fencing shall not exceed forry-two (42) inches in height, shall not have more
than two (2) horizontal poles with spacing of at least eighteen inches (18") between rails and
with the bottom rail at least twenty-four inches (24") above the ground. No fences or hedges
shall be constructed, grown or maintained on any [,ot higher than six (6) feet above ground
level, but this restriction shall not apply to patio fences attached to dwellings.
7.8 Deemed Nuisances. Every violation of this Declaration is hereby declared to be
a nuisance, and every public or private remedy allowed for such violation by law or equity shall
be applicable.
7.9 Removal of Nonconforming Improvements. The Association after reasonable
notice to the offender and to the Lot Owner, may remove any Improvement constructed,
reconstructed, refinished, altered or maintained violating these Covenants, and the Lot Owner
ll:W\AIXX\l)lrlrR^T li.n Drrd ?/lZ9J 10
o
I immediatelyof the Improvement shal
such removal.
reimburse the Association for all expenses incurred in
ARTICLE VIII
PROPERTY USE RESTRICTIONS
8.1 General Restriction. The Property shall be used only for residential purposes as
set forth in these Covenants as the same may be amended from time, as permitted by the
applicable regulations of the County of Garfield and the laws of the State of Colorado and the
United States, or other specific recorded covenants affecting all or any part of the Properfy.
8.2 Subdivision of Lots. No Lot may be subdivide-d,,,
::::
8.3 Vehicles. No trucks, trail bikes, recreational vehicles, motor homes, motor
coaches, snowmobiles, campers, trailers, boats or boat ffailers, or similar vehicles (other than
passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other
vehicles shall be parked, stored, or in any manner kept or placed on any portion of the Property
except in an enclosed garage or screened enclosure. This restriction, however, shall not be
deemed to prohibit commercial and construction vehicles, in the ordinary course of business,
from making deliveries or otherwise providing service to the Property or for approved
construction by Declarant or Lot owners. : i1
,,,,,,.,,
8.4 Excavation or Fill. No excavation or fill shitt be made except in connection with
Improvements approved as provided in these Covenants. For purposes of this Section,
"excavation" shall mean any disturUance of the iurface of the land (except to the extent
reasonably necessary for approved landscape planting) which results in a removal of earth, rock
or other substance a depth of more than 18 inches below the natural surface of the land. For
the purposes of this Section, "filI" shall mean any importation and placement of earth, rock or
other substance a height of more than eighteen inches (18") above the natural surface of the
Iand.
8.5 Erosion and Vegetation Control. The surface of the Property, including all Lots,
shall be maintained in a condition which will minimize the risk of soil erosion and weed
infestation. Att excavations, fills and other construction which disturb the existing vegetation
shall be revegetated with weed free seed and mulch. Any disturbed area on a Lot shall be fully
restored by the Lot Owner and, upon failure to do so, the Association may take such remedial
action as is necessary to accomplish such restoration and shall charge the cost of same to the
responsible Lot Owner as an Assessment under Section 5.1 above.
8.6 Wells. No well from which water, oil, or gas is produced shall be dug, nor shall
storage tanks, reservoirs, or any installation of power, telephone, or other utilify lines (wires,
pipe, or conduit) be made or operated anywhere on the Property except in connection with water
wells and works installed by Declarant; provided, however, that the foregoing shall not prevent
the drilling of or installation of additional water wells by Declarant or the Association or the
replacement of Allen Well No. 1 (Permit No. 80997).
11
8.7 Signs. No signs of any kind shall be displayed to the public view on or from any
portion of the Property except ordinary real estate sale signs, signs approved by the Association,
or signs required by law.
8.8 Animals and Pets. No animal, livestock, or poultry of any kind shall be kept,
raised, or bred on any Lot, except that not more than one (1) dog, two (2) cats and other typical
small household pets, such as birds and fish, may be allowed. The following special
requirements apply to the single dog permitted on each Lot:
(a) Each dog shall be kept under the control of the Lot Owner at all times and
shall not be permitted to run free or to cause a nuisance on the Property.
(b) No dog shall be allowed to bark excessively, which is defined as barking
more or less continuously during any l5-minute period.
,
(c) Each dog shall be leashed or kept in a humane kennel or run at all times.
Metal chainlink fencing will be allowed for the purposes of kenneling a dog. The
location and style of each kennel shall be subject to review by the Design Review
Committee. A kennel shall be installed prior to issuance of a Certificate of Occupancy
for any Lot if the Lot Owner possesses a dog at such time and, in any event, prior to the
introduction of a dog on any Lot.
(d) All l,ot Owners shall keep dogs reasonably clean and free of disease and
all Lots shall be kep.t,free of animal waste.
(e) Should any dog chase or molest deer, elk, poultry or any domestic animals
or persons, or destroy or disturb pfoperry of another, the Association may prohibit the
Lot Owner from continuing to keep the offending dog on such Owner's Lot. If
necessary, to protect:wildlife or other Owners' domestic animals, persons or property,
the Association may take additional steps, including the destruction of the offending dog.
Except in an emergency or as provided by law, the Owner of an offending dog shall be
provided wriften notice of such action at least five (5) days before disposal occurs. Such
notice shall be posted on the front door of the residence of the Owner of the offending
dog. Within such five (5) day period, the offending dog may be kenneled at a licensed
kennel with all costs incurred by the Association assessed against the Owner.
(0 The Association shall assess and enforce penalties against Owners violating
the restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the flrst
violation. The fine shall be increased by One Hundred Dollars ($100.00) for each
succeeding violation.
8.9 Drainage. No Lot Owner shall do or permit any work, construct any
Improvements, place any landscaping or suffer the existence of any condition whatsoever which
shall alter or interfere with the drainage pattern for the Property, or cause any discharge onto
any adjacent property, except to the extent such alteration and drainage pattern is approved in
writing by the Association and any other affected property owner.
tI:WS\All-INDlnlRA f ltrn ILd 7ll91 T2
8.10 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be
thrown, dumped or allowed to accumulate on the Property. There shall be no burning of refuse.
Each Lot Owner shall provide suitable receptacles for the temporary storage and collection of
refuse. A1l such receptacles shall be screened from the public view and protected from wind,
animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free
of offensive odors and protected from rodent and insect infestations.
8.11 Temporary Structures. No temporary structures shall be permitted except as may
be determined to be necessary during construction and specifically authorized by the Association.
8.12 Towers and Antennae. No towers or exteribr radio, television and
communications antennae shall be permitted without the prior written consent of the Association.
Dish receivers shall be screened from view. ,, '
,,i,,...
8.13 Outside Burning. There shall be no exterior fires, except barbecues, outside
fireplaces and braziers. No Lot Owner shall permit any condition upon such [,ot Owner's Lot
which creates a fire hazard or is in violation of flre prevention regulations.
8.14 Noise. No exterior horns, whistles, UgUs or other sound devices, except security
devices shall be placed or used on any portion of the Properfy. Lot Owners shall not permit any
noise or disturbance on their respectiver l-ots which is offensive, disturbing or otherwise
detrimental to any other person. ,i i , ,,,, ::,,
.::8.15 Lighting. No flood lighting, security lighting or other kind of high intensity
lighting which is not shielded to prevent glare on adjacent Iots shall be permitted without the
written approval of the Design Review Committee.
8.16 Obstructions. There shall be no obstruction or interference with the free use of
the roadway, water system or any easement, except as may be reasonably required for repairs.
The Association shall promptly take such action as may be necessary to abate or enjoin any
interference with or obstruction of any easement. The Association shall have a right of entry
on any part of the Property for the purposes of enforcing this Section. Any costs incurred by
the Association in connection with such enforcement shall be assessed to the persons responsible
for the interference.
8.17 Servide Facilities. All clothes lines, storage tanks, equipment, service yards,
wood piles and similar service facilities shall be screened by adequate plantings or fencing so
as to conceal same from other Lots and streets and roads.
8.18 Maintenance of Landscaping. Each Lot Owner shall keep the landscaping situate
on such Owner's Lot in a neat and well maintained fashion, shall properly irrigate the lawns and
other planting on such Lot and shall otherwise maintain the appearance of such Lot in a first
class condition.
8.19 Continuity of Construction. All Improvements commenced on the Property shall
be prosecuted diligently to completion and shall be complete within 12 months of
corlmencement, unless an exception is granted in writing by the Association.
13
8.20 Minerals. No portion of the surface of the Property shall be used for the
exploration, extraction or storage of oil, gas, minerals, sand, gravel, rock, earth or other
materials.
8.21 Nuisances. No obnoxious or offensive activity shall be carried on within the
Properfy so as to unreasonably interfere with or disturb the use, enjoyment and access of any
other occupant of the Properry, nor shall anything be done or permitted which constitutes a
public nuisance. No nuisance shall be permitted to exist or operate upon the Property so as to
be offensive or detrimental to any other part of the Properry or its occupants.
8.22 Compliance With Laws. Subject to the rights of reasonable contest, each Lot
Owner shall promptly comply with the provisions of all applicable laws, regulations and
ordinances with respect to Mountain Meadows at Prince Creek including, without limitation, all
applicable environmental laws and regulations.
ARTICLE IX
MAINTENANCE
g.l Association's Maintenance Responsibilitv. The Association shall maintain and
keep the Common Elements in good condition and repair the cost of which shall be included
as part of the Common Expenses, subject tb the Bylaws and Association Rules. If, due to the
act or neglect of a Lot Owner or a [,ot Owner's invitee, guest or any other occupant of a Lot,
damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot
Owner shall pay the costs of repairs and replacement as may be determined necessary or
appropriate by the Association. Such obligation shall be an assessment against such Lot Owner
secured by the lien provided for in Section 5.1 above.
9.2 Unit Owner's Maintenanc-e Responsibilitv. Except as provided otherwise in the
Declaration or by, written agreement with the Association, all maintenance of individual Lots
including without limitation, all Improvements, individual sewage disposal systems (ISDS),
utility systems and utility lines from the point of connection to the common system shall be the
sole responsibility of the respective Lot Owners. Each Lot shall be maintained in a good, clean
and attractive condition and repair consistent with the requirements of a first class residential
development. In the event a Lot Owner should fail to keep any utility system (including any
ISDS) in good repair, the Association, without limiting any other remedy available under this
Declaration or applicable law, may enter upon said Lot for the purpose of inspecting such utitity
system and if the Lot Owner refuses to make necessary repairs, the Association may do so and
the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article V
of this Declaration. Not less than biennially, each Lot Owner shall provide the Association
evidence of an inspection and necessary pumping of such [,ot Owner's ISDS.
ARTICLE X
INSURANCE
10.1 Association's Insurance Responsibilitv. The Association shall maintain all
insurance coverage required by the provisions of C.R.S. 38-33.3-101, et. seq., as the same may
be amended from time to time, together with such other insurance as the Executive Board of the
Association shall deem advisable.
ll:m'AUINDItuAT hn Ld ?/l/95 t4
10.2 Unit Owner's Insurance Responsibility. Each tot Owner shall maintain all
insurance coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In
addition, each Lot Owner shall be responsible for insuring all personal properry on the Lot, as
well as general liability insurance and any other insurance coverage deemed appropriate by such
Lot Owner.
ARTICLE XI
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
11.1 Development Rights and Special Declarant Rights. The Declarant reserves the
following Development Rights and other Special Declarant Rights for the maximum time limit
(a) The right to complete or make improvements indicated on the Plat;
(b) The right to maintain sales and management offiles;
(c) The right to maintain signs:,on the Property to advertise the sale of Lots
in Mountain Meadows at Prince Creek;
..1,,,,,,,,.(d) The right to use, and,,,to permit Others to use, easements on the Property
as may be reasonably necessary for the purpose of discharging Declarant's obligations
under the Act and this Declarationi and,i
,,1,,,,,,,,,
(e) The right ,o uppoint ;. r;li; any officer of the Association or any
Director during,the Declarant control period consistent with the Act.
11,.2 Limitations'on Develop-rnent Riehts and Special Declarant Rights. Unless sooner
terminated by a recorded instrument signed by Declarant, any Development Right or Special
Declarant Right may be exercised by the Declarant for the period of time specified in the Act.
ARTICLE XII
ENFORCEMENT OF COVENANTS
lz.L Violation Deemed a Nuisance. Every violation of this Declaration is deemed to
be a nuisance and is subject to all the remedies provided for the abatement of the violation. In
addition, all publiC and private remedies allowed at law or equity against anyone in violation of
these Covenants shall be available.
12.2 Compliance. Each Lot Owner and any other occupant of any part of the Property
shall comply with the provisions of these Covenants as the same may be amended from time to
time. Failure to comply with these Covenants shall be grounds for an action to recover damages
or for injunctive relief to cause any such violation to be remedied, or both.
I2.3 Who May Enforce. Any action to enforce these Covenants may be brought by
the Declarant or the Executive Board in the name of the Association on behalf of the Lot Owners
or the owners of the exempt tracts generally described in Garfietd County Exemption
Resolution No. 79-144 recorded in Book 539 at Page 751 as Reception No. 299592 on
15
November t9, L979. If, after a written request from an aggrieved Lot Owner, neither of the
foregoing entities commence an action to enforce these Covenants, then the aggrieved Lot Owner
may bring such an action.
12.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
12.5 Nonliabiliqv. No member of the Executive Board, the Declarant, the Associationor any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these
Covenants at any time.
12.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of
these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for
the enforcement of these Covenants or the restraint of violations of these Covenants, the
prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's
fees.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Severability. This Declaration, to the extent possible, shall be construed or
reformed to give validity to all of is provisions. Any provision of this Declaration found to be
prohibited by law or unenforceable shall not invalidate any other provision.
13.2 constructiorr. 'In iot..pretint *";;]il ,n. Declaration unless rhe context shall
otherwise provide or reqrrire, the singular shall include the plural, the plural shall include the
singular, and the use of.rny gender shall include all genders.
13.3 Hgadings. The headings are included only for reference and shall not affect the
meaning or interpretation of this Declaration
^ 13.4 Notice.i:irr notil", or requests required shall be in writing. Notice to any Lot
Owner shall be considered delivered and effectiv" rpon personal delivery, 6r three (3) days after
posting when sent by certified mail, return receipt-requested, to the address of the Lot Owner
on file in the records of the Association at the time of the mailing. Notice to the Association
or the Executive Board shall be considered delivered and effective upon personal delivery, or
three (3) days after posting when sent by certified mail, return ieceipt requested, to the
Association or the Executive Board at the address established by the Association from time to
time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but
may be sent by regular flrst class mail.
13.5 Waiver. No failure by the Association or the Executive Board to give notice of
default or any delay in exercising any right or remedy shall operate as a waivir, except as
specifically provided above. No waiver shall be effective unless it is in writing signed Uy ttre
President or Vice President of the Executive Board on behalf of the Association.
13.6 Amendment and Mortgags:e Requirements. Except as otherwise provided by the
Act, unless at least fifty-one percent (51%) of the First Mortgagees (based on one vote for each
I6lI:W\AI-lsDrn-&T- hi hd 7/trcl
First Mortgage owned) and at least sixty-seven percent (67 %) of the [-ot Owners have given
their prior written approval, the Association shall not be entitled to amend provisions affecting
the following: voting rights, assessments and assessment liens, reserves,'maintenance and repair
responsibilities, reallocation of interests in common elements, redefinition of Lot boundaries,
convertibility of Lots into Common Elements, expansion or contraction of Mountain Meadows
at Prince Creek, insurance or fidelity bonds, leasing of Lots, restrictions on sales or transfers,
decisions to self-manage, restoration or repair of Mountain Meadows at Prince Creek,
termination after destruction or condemnation and benefits of mortgagees, insurers or guarantors.
Unless a First Mortgagee provides the Secretary of the Association with written notice of its
objection, if any, to any proposed amendment of action outlined above within 30 days following
the First Mortgagee's receipt of notice of zuch proposed amendment or action, the First
Mortgagee will be deemed conclusive to have approved the proposed amendment or action. The
term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall include a
beneficiary under a Deed of Trust. In addition to the,foregoing, any amendment which
substantially affects any covenant, condition, restrittion, or easement which runs to the
benefit of any owner of any Tract described in the Exemption Resolution No. 79-144
recorded in Book 539 at Page 751 as Reception:No. 299592 on Noiember 19, 1977, shall
also require the written consent of such ownei,,,i,:,,
13.7 Rule Against Perpetuities. ttotlritn #[i"* anything in this Declaration to the
contrary, if any of the covenants, conditionS, restrictions; €?S€rnents or other provisions of this
Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then
such provisions shall terminate on the death of:the survivor of the now living children of His
Royal Highness, Charles, Prince of Wales, plus tweirty-one (21) years.
13.8 Term. This Declaiation and any amendments or supplements hereto shall remain
in effect from the date of recordation until December 3L, 2025. Thereafter, these Covenants
shall be automatically extended foi five (5) successive periods of ten (10) years each, unless
otherwise terminated or modified as provided herein or by the Act.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this
of , L995.
day
Anneliese K. Allen
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this
1995, by Anneliese K. Allen.
WITNESS my hand and official seal.
My Commission Expires:
day of
t7
Notary Public
\
IIIITIIITI!IIITIIIIItrttt
FIESOUFICE
ENGINEEFIING ING
Mr. Mark Bean
Garfield County Planner
1Og 8th Street
Glenwood Springs CO 81601
August 7, 1995
Basalt Water Conservancy District
Allen Allotment Contract No. 3.3.5.4O
Dear
As you know, we serve as the water engineers for the Basalt Water Conservancy
District. This letter is to confirm that Basalt Water Conservancy District contract No.
3.3.5.40is currently held by Anneliese Allen (copy attached). The Allen contract was
approved on July 1O, 1 984 and is supported by the District's Round I contract with the
Bureau of Reclamation for water deliveries from Ruedi Reservoir.
Should you have further questions regarding the Allen contract, please do not hesitate
to call.
Sincerely,
RESOURCE ENGINEERING, INC.
PSB/mmm
033-7.0 mbaa4o.o33
Dan Kerst
John Schenk
S. Bussone,
Water Resource
Consulting Engineens and
9O9 Colonado Avenue I
Hydnologists
Glenwood Spnings,CO 41601 r t3o3l 94=-6777 1 Fax [3O3] 945-1137
BAS/r1,T l,lATER (t0)tSl.
L'A1 ER ALLO'i ].1UN(Purstrant to C.R.S.
R\/A}iCY ])1S'IR]CT
I COIiI PA(:T
1973, 37-45-l3l)
The undersigned Appllci,nt has applied toDistrJct (hereinaf ter the "Dl.strict,,), a iolitlcalColorado, organized prrrsuant to and e>:isting by
the Basalt Ilater Consen,ancr.
srrbdivlslon of the Srare "ivirtue of Col orado Revised
:Contract for beneficial us.e
St;tttrtcs, 1973, 37.-45-101, gt_ -s,:q., for an allotnrentof uat er rigltts owned, leaied,
t
or trereafter ac ed byexecutlon of thls Contract, Applicant hereby agrcondltlons:he
the District. Bv
followlng terns a.nd
-(/\rh- l'. o.llANl l1r": rn consideration of the covenanr " una)lff,altions hereincontainet!, ,lpplicin[-l,ha11 be entir] ed ro receive and ,pptyYo" i"""ii"rrr-',,r"ctrbic f cet per second of uat.er f rom the nistrrti's direct f loL, Nater
':i!1itti aDd---3.-3.- acre fcet of storage L'ater owned or cor.rtrolled by the District.
2 ' SoURCE oF ALLOTTED IiATI-R: l.rater rights al lorred pursuant to thiscorttract shal1--bt ir:"m -ihE r,i;iliiiEiater rights decreed to the Basalr condult,Lartrl 1s crrtal, stockrn,-rnf s Di tch Ext enslon or other decrees or water rights hcre-;rfter ;lcrlrrlt'r'd b-v tltc I)il;tt'ict, {rrclrrrling tlre Dlstrictts co,tractrral right tol't'((:ive ril()r;r8e \i.'rl.(-'r fr()tn llrrr,<l{ Rcr;ervoir. 'l'lre Di.stt-ict .shall Irave the rigt,t ,orlct;l1rtl;tl e tlrc w;rtt:r riglrt ()r Der:rce of tlre District from whlch the Applifantrsallottcd r i1;lrts r;lta'l I l,c obt:rlrred. 1'lre Applicantts rrse of any of the Distrjct,sr";rlr:r riglrts slralI be strb--.iect to any and al1 tcrrns and condltlons imposed by thel\'ater cottrt on the lrse of the Dist r jct rs said rights. Exchange r."Iun"u" rnadel't-om the District rs storage rlghts 1n Ruedi Reservoir or other works andfacilities of the Distrlct sha11 be delivered to the Applicant at the outretworks of said storage facility and relea-se of water at such outlet works shaIlconstitute fu11 performance of the District's delivery obligation. Delivery ofwater fr-om the Districtrs storage rights in Ruedi Reservoir sha1l be subjeci tothe Distrlctrs lease Contract with the united States Bureau of Reclauration andany rules and regulations prooulgated pursuant thereto.
3' PURPOSE AND LOCATION-OF USE: Applicant w111 rrse the warers hereingrartted for trenefiEiat-p".t""""lirlt"d to the augmentation of exlsting andfttttrre wells and other \tater sources, within or through facilitles or upon landsownedr opr:rated or served by Applicant, which lands are more ftrlly described onExhibit 'rArr attached hereto; provlded that the location and purpose of AppIi-cant's use of sald water shal1 be 1egally recognized and permtCtea by tte appft-cable govet'nmerrtal authority having jurtsdictlon over the pr.-operty served.Applicant's contemplated usage is for th; following use or uses:
l.lun i c
0ther
Domestic: x Agr{cultural:Industrial:
AppllcanE acknowledges that rrsage of the Dlstrictrs $ater rigSts asherein contemplated shal l be in lieu of or supplemental to Applicarrt obtaii r-,ing oradjtrdicatlng, on its owrl, the right to use certain waters. It is acknowleigedthat certain locations within the Dlstrlct rDay not be srrsceptible to servlceso1ely by the Dlstrictrs water rlglrts allotted hereunder or the District's said\{ater riglrts Inay not satisfy Applicantts needs and purposes. To the extent thatservice cattrlot be achleved by use of the Dlstrlct I s allotted r,'ater rlghts, or inthe everrt sald servlce is lnadequate, Appllcant may, uEilize such other r!,aterrights, by way of supplementing the Districtrs water rlghts, or otherwlse, as isnecessary to asstrre \rater servlce sufficiently re1lable for Applicant's intendedPurPose or PurPoses. A11 lands, facilities and areas served by water rightsallottcd lrereunder shall be sltuated within the boundarles of the Distrlct. TheDlstrlct reserves the excrusive rtght to review and approve anv condltlons r.rhichmay be attached -to judlclal approval of Appllcant t s .r"e of the Distrlct rs rr,aterrights allotted hereunder. Applicant aFrees to defray any out-of-pocket expenseslncurred by the Dlstrict ln connectlon wlEh the allotment of r.rater rights here-rrnder, lncluding, htrt not -l"inrlted to, reimhursemcnt of legal and englneer:ngcosts lncrrrred ln connection with anJ'rrater rlghts adjudllatlon necessary ro
ipal:
all0w Apptlcalltrs lrse of s;uch allotred rr,ater riglr ts; provlded, howr:ver, 1n thecvcllt ';ttry srtch adJrrtllcatlon luvolves more of tlre Dlstrlctts roter rl96ts tlra' areallottcd pttrstrltrrt to this co,tract, Appl lcant slra1l lrear only a pro-rata por-tlonof strch expenscs. Appllcant sha11 be sole1y responsible for pr-ovitllng uor-ks andfacllltics, lf ar)y, t)(-ce:.riiry Io rrLllL:e il,u LisLrlctrs \;;ter rlglrts allotted'lrereunder f or Applicant I s benef lclal use.
I'Iater- servlce provided by tlre Dlstrict shalL be limlted to tlre anc,irntof water avall;rb1e ln priority aE the orlginal point of dlverslon of theDlstrict's applicable \^'ater rlght and neirher the District, nor those entitled toutl l lze the Dlstrict I s decrees, Dray call on any greater arDounE at new oralternate points of diversion. The District shali ioqt,""t the colorado SrareErrgltleer to est irrate any colrveyance losses betroeen the original point and ar)yaltr:r--r'rate 1lolrrt r,t.:d strch cstinate shall be <Jeducterl from thls araolrnt in eachcase' rhe Dlstrlct, or anYone uslng the Dlstrictrs decrees, maY call on anyaddltlonar sorrrccs of supplv that may be available at an alte;nate polnt ofrl lvcrslon, brrt not at tl-re orlglnal point of diverslon, only as rg.tnst h,aterriglrts r'rltir:h are jrrnlor to the date of appl {cat {on f or the al ternJte poirrt ofd lvcrs J on.
rn the event the Applicant irrtends to develop an augmentation plan andinst { trrte 1r:ga1 proceed'lt:1is f or thc approval of srrch arrgrnentation plan to allowtlre AlrPl ir"'rnt to rrt lllze t lte w;tter ;rl lotte<t l o Appl icant -hcrerrnder,
the Applicantr;lral I 1;ive tlre I){sl l'lct t';r'ltlt:n rrotlr:c of rirrr:h {rrtcnt. In the event the'Appl1-r:itttt rlt'vc'1oP.s;tttd;rtljtr<lfr:;rtcs an auLr;,crrtatJon plan to rrtllize the uater allott-edl)r-'l'c'lrrr(lcr, AIrPI{c;rrtt slrall r)ot be obllgated to bear or defray any legal orclrtrSillr:erirlg c>: pcllse of tlre Distr{ct Jrrcurred by tlre Dlstrlct foi the purp-ose ofrIt:veloplrlg:,nd adjtr<l{cating a pl;rn of augrneutat{on for the Dlstrict. In anyevent, the Dtstr{ct shall have the right to approve the Applicantts augmentationplan and the Appllcant shal1 provide the Distrlct copies of such plan and of allpleadings and other PaPers filed wlth the LIater Court In the adjudicatlon there-of.
4' PAYMEIT: Applicant shall pay annually for the \rater servicedescrtbed hereli-af-a-price to be fixed r.,r,rr"ily by the Board of Dlrectors of theDlstrlct for such service. The lnitial .r,r,,rri payment shall be made, in ful1,wlthln 15 days after the date of a notice from it" District that the initialpayrrent {s dtre. Said notice wil1 advlse the Applicant, among other thlngs, ofthe water delivery year to whlch the payrnent stratl apply aud ihe price which isapplicable to that year. Annual payments for each year -thereafter shall be madeby the Appllcant on or before each l'farch 1. rf an annual palment is not made bythe due date, wrltten notice thereof will be sent by the blstrict to the AppIi-cant at Applicatrt r s address set forth be1ow. If palrment is not made vrithin ten(10) days after said wrltten notice, the Districi i"r, at its option, erect toterrninate all of the Applicants right, title, or I-nterest under thls contract, Inrvhlch evcnt the lrater right allotted hereunder may be transferred, leased orotherwlse disposed of by the District at the discretlon of its Board of Directorsof the Distrlct.
rn the event \rater deliveries hererrnder are made by or pursuant toagreement wirh some other person, corporatlon, qrrasL-munlcipal entity, o, gor".r-mental entity, and In the event the Applicant fa1ls to make pavinents as requlrcdhereunder, the Dlstrlct maY, at lts sole (,ption and reqtrtst, authorize saldPerson or entity to curtail the Appllcant's water servlce pursuant to thisCorrtract, and ln such cvent neitlier the DisLrict nor such persons or enctty shallbe 1iable for such crrrtailmerrt.
5' APPRoPRrAllglg oF FUNDS: fru Applicant agrees that so long as thiscorttract is valTd-Jn? tn-force, affiicant wlii budget -and approprtate from suchsotrrces of revenues as may be legally avallable to the Applicant the funcsnecessary to make the annual pa\Tnents ln advance of water aeitvery pursuant tothls Contract. The Appllcant will hold harmless the Dlstrlct and any person orentlEy lnvolved ln the dellvery of vrater pursrrant to thls Contract, for discon-tlnuance ln servlce due to the fallure of Appllcant to malntaln the paymentsherein requlred on a current basls.
6 ' I]l'Nr-r ir oF ooll,rtlACT: I'he \d;rter rlght al I ot ted herr,rrnder shal I l,el-'crtcficially t'-iJd--f;i-iIe prriris"s and tn tt," .ar)r.ter sJrecifred hcreln ;rrrd tlrrscontract Js for the cxcltrslve tcneflt of the Applrca,t n,id.rhrll not lrrure to tlrcbcneflt of any sllcces.sor, ar;slgn, or lessce o-f-.sa1d AJ,p11c;rr)t ultlrout. the pr.iorvrittcn;rt'proval .f tlie Board of Drrectors of the DlstricE.
rn the event the r,rater rlght allotted hereuncler ls to be used for thebenefit of 1ar-rd whlch ls now or vrl11 hereafter be subtjlvlded or otherr,rise hetd oro'..;ned ln separ-at,e ownerslrip tlrterest by t\,,o (2) or riore uses of the water riglrta1lot'ted Irereurrder, the Applicant nay assign the Appllcantrs rlghts 5ereirr,leronl-v to a homeowrlers associatlon, \"ater dlsirlct, r,,ater and sanltatlon dlstrictor other special distrlct ProPerly.rgaplzed and existing under and by virtue ofthe laws of ttre state of co'l orado.,',d then only If ,.,"il urrociatlon or specialrllstrict cstablJ:;hes to t'he satlsfaction of the Basalt l,later couscrvancy Dl.strictthat it has the ab111ty and authorlty to assure 1ts perforrna,ce of the AppIi-cantrs obligatlons under this contract. rn no event sharl the owrrer of a por-tlon' but less than all, of the APpllcantrs propert.y to be served uncler thlsco,)tract ' have arly rlghts Itereurtrler, except as srich i-rght" may exist throrrgh ahorneorrtters assoclation or speclal tllstrict as above proritaod. Any asslgnmc,t ofthe Appllcantts rlghts under thls contract sha1l be strbject to and must coroplywith such requirements as the Dlstrlct roay hereafter adJpt regarding assignrnentof contract rights and the assurnptlon of contract obligatlons by asslgnees andlirrcccssors' provlricd that srtch reqtrircrnents sha11 uniformly apply to al1all,tl.cs tccclvirrg Distr{ct servlce. 'l'lre rcstrJct{ons on assignrnent as hcreincortl a itlcd r;lral I tt.t Irr.clrrrle tlre District frorn lroldlng the Appllcarrtr or al)yl;llcCcris;or to tlrc ,i 1rp1 ir:.tr)t, rcsl)ousllrle for the perfo.,rnn"" of alI or any part oftlre APpl {c;rrt ts (;rvcrr;rrrts alrd .13rccrn.nts lrcr-eJn co,tal'ed.
7 ' o'rlli'R RULES: AnpI icarrt's rights under thls contract shall besubject to the--Liitei -seritce iiur, ," aaoptJa by rhe District and arne,<led f romt{me to tlme; provlded that strch I{ater service plan shalr apply uniformlythroughout the Distrlct among water rrsers recelving the same servlce from theDistrict. Appllcant shall also be bound by rh; provlsions of the ,oarerconservancy Act of the state of colorado, the Rul." ,ni Reguratlons of the Boardof Dlrectors of the Dlstrlct, the ptumit.,g advlsory, water conservation, andstaged curtallment regulations, lf any, applfcable wiihrn the county ln which thewater allotted hereunder is to be Lsea, together with all amendments of andsupplements to any of the foregolng.
8' CURTATLMENT OF I]SE: The water servlce provlded hereunder 1sexpressly subje;-to-the provrsio-ns or ir,.t--""rrrtn stlpulation ln case No. g0 c1.1253 on flle in the Dlstrlct court ln I{ater Dlvtslon No. 5 of the State ofcolorado' which stipu-latIon provldes, in part, for the possible curtairment ofout-of-house munlclpal and domestic rvater demands upon the occurrence of certainevents and upon the District Sivlng notrce of such curtallment, all as more fullyset forth In sald Stipulation.
9 ' oPEMTIoN AND MAINTEIIANCE AGREE'IEIT: Appllcant sha11 enter inro an"operation andll;lntenarrce aTre"mentir;L11fr16striot if and when the Board ofDlrectors finds and determlnes that such an agreement 1s requlred by reason ofaddltional or speclal services -rerlrrested by the Applicant and provlded by tlreDlstrlct or by reason of the rlellvlry or,,"'u of water by the Applicant for morethan one of the classcs of servlce whlch are deflned In tire Rules and Regulatlonsof the Board of Directors of said Dlstrict. Said agreement may contaln, but notbe llmited to, provlsion for l^r_a-ter rJelivr:ry at times or by means not providedwithln the terms of standard allotment co,rt-racts of the otstrict and addltionalantlttal lnonetary consideratlon for extension of District services and for addl-tlonal adrnlnlstration, operatlon and malntcnance costs, or for other costs to theDlstrlct whlch may arlse through servlces made available to the Appllcant.
l0' cl'ANGE oF usE: The Dlstrlct rescrves the excluslve rlght roreview and approtve-or -d-1Ep=p=iove any proposed change ln use of the water rightallotted hereunder' Any use other -ttran that set forth herein or any lease orsale of the water
-
or water rlghts allotted hererrnder wlthout the prior rrrlttenapproval of the llistrlct sl,ali l,e deemed to be a material breach of thls con-t ract.
I l ' I',RIOR RF-SOl,uIIoI: I'tre rrater servlce pr.ovlded herr.-rrnder 1s ci:-prcssly strbje'ct-lo ,i-iert,,fr.1."_lo'lrrr{on par;sed by rhe Roard of DJrr:ctors oftlie Dlstrlct on Sc1 ":'i'ber ?-5, tg7g, and oir arne.tlnrc,ts tlrcreto, as the :jan)eexlsts rtl)on thc date of thls applLcatlon and allotrncnt Corttract.
rt 1s understood and agreed that nothlng hererneqrrltable or legal fee title lnterest or oi.,nershlpwater rights of tlre District, but that Appljcent isthe r.'ater right allotted hereunCer, subjict to thecondltions of thls Contract.
13. CONSI:R\rAT.iON i,RACTICES: Applica.r shallrronly .cccptc,l coirseir.,t ion pr;ali.cs r.rrth i-especc to trreallotted hcreunder and sharr be bouud by any conservationby the Dlstrict, as the sar'e &ay be,men,led from tine to t
APPLiCAN'T (S) :
12. NO FEE TITLE:r,lraIl glve the applTcSnt -in-y
in or to any of the watcr oi-ertitled to tlre rtght to u.selirrritatlons, obligatlons and
Sig,,at"re
implement and use com-uater and r.;ater riglrts
plan hereafter adopted..
lme.
Pr i rit- ir 't'ype
Adrlrcss:
N,i,ne - -
Signatrrre
- r-r't rr1- oi tryp; Lhh;
Add rcss
H"t"ry -n"U1i c ----
STATE O}'
COUNTY OF
COI,ORADO )
) .s
)
Subscri bed and sr.,orn to before me thts
I.IITNESS my hand and off iclal seal.
Hy conrmlssl on expires:
day ofl9
Application lraving inade by or on behalf of all parties inrerestedin the foregoing Hater Allotmt,irt contract and hearing on said applicationhaving-been duly he1d, it is hc-reby ortrored that said airl>licatj.on begr arted and Lrrat trie f or,:goi'g Ira ter AlLoLi.ent conLract f or cubicfeet per second of warer irom the District.'" Jir""t rro* rr.t"r rigttsand 3.3 acre feet of uater per )'ear is hereby approved and executedby and on uinarf of the p,;rsart L'ar.r conser,ancy District, for thebeneficjal rrse of [he uater a]otted in the foregoing contract upon theferins, conditions aDd n:anner of pa1,.i;rent as therein specified and subjectto the following specific conditions:
1. That the applicant provide the District proof that the proposedI and use of the land t-o be benef j tred by the \,raLer allotted hereunder hasbeen approved by the applicable governmental authorities having jurisdic-tion over such land use.
ORL'LR 0N rrli,j4l-_{1_{_o_il
certify t.haE the above ORDER wasLIater Conservancy Dlstrict on the
BASALT I,JATER CONSERVANCY DISTRICT
By:
I herebyof the Basalt
1984_.
ATTEST:
entered by
10th day
the Directors
of July ,
/-)
Secretary !%
Ip,E,EFUItr
f J oor 1,9 gffi
Debble Quinn, Assistant
Heather Jernberg DP/GIS
Stan Berryman, Director
rL
County Attorney
of Public Works (w/o attachment)
PFIINTED ON
RECYCLED PAPER
Pitki n County Publit$'tUorks
76 Service Center Road
Aspen, Colorado 8l6l I
(303) 920-s 390
Fax: (303) 920-5374
October 2, 1995
Mark BeanGarfield County Planning Director
109 Eighth Street
Glenwood Springs, CO 81601
Re: Mountain Meadows at Prince Creek
Dear Mark,
I have reviewed the survey information subrnitted by Ken WiIsonof Schmueser Gordon Meyer on the above referenced project. I agrreewith their position as to the establishment and monumentation ofthe Garfield-Pitkin County Line in the vicinity of this
subdivision.
If you have any questions, please feel free to contact me at
920-5206.
Sincerely,
County Engineer
Tim Malloy, Acting Director of Community Development
Tom Isaac, Assessor
(e70) 945-1004
FAX (970) 945-5948
ENGINEERS
T..tM-'
JVN'VUEJEN :
GORDON MEYER
'118 West 6th, Suite 200
Glenwood Springs, CO 81601
September 7, 1995
Bud Eylar
Pitkin County Engineer
76 Service Center Road
Aspen, CO 81 61 1
RE:Mountain Meadows at Prince Greek
Dear Bud:
As part of the approval process for the above referenced subdivision, the planning staff has
asked for your verification of the position of theGarfield - Pitkin County line. I have included
for your use copies of the monument records filed for two county line monuments which were
found in the field. I have also included a copy of calculations relating the position of the
County line to this subdivision. Please review this information and write a letter stating your
agreement or disagreement with the position as shown.
Please address your letter to Mark Bean, Garfield County Planning Director, 109 Eighth Street,
Glenwood Springs, CO., 81 601.
lf you have any questions about how this position was determined, please give me a call.
Sincerely,
SCHMUESER GORDON MEYER, INC.
95OO8A/lc
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COLORADO I.AND SURVEY MONUMENT RECORD
Boord ot n,cbt*y:t
^
i;T#*Li!t \f;i:!:g H;n1tZl,,ao,ot Lond suncyors1560 Btoodroy, Sulta |JZO, Danwn C0 AOZOi -- -
phonc (JoJ)8ea- TzBa Fox (sot)eet:_iio- Vioo 1-iis)Bst_ 77ao
1. ryPE OF MONUMENT: tr SECTTON CORNER D QUARTER CORNER tr BENCH MARK 6 gTHgP COUNTY L/Nf
MARKER
OF STONE
"P/TK/M'
3. DESCRIPTION OF MONUMENT ESTABLISHED BY YOU TO PERPTTUATE THE LOCATION OF THIS POINT:
SEE SKETCH BELOW
2, DESCRIPTION OF MONUMENT FOUND:
FOUND 4"SQUARE CEDAR POST 30" LONG SET lN 2'DIAMETER COLURPOST /5 MARKED "2" oN WES7 S/DE "eeni/ftO, Oi"Nb'R:r7i'dOt ewOON SOUTH SIDE,
4. SKETCH SHOWING RELATVE LoCATtoN oF MONUMENT, ACCESSORIES ANoWHETHER FOUND OR SET, SHOW SUPPORING AND/OR CONTRADICTORY
Stomping on Cop
Dote of Field 28 APR /995
REFERENCE POINTS STATING
EVIDENCE WHERE APPLICABLE:
BOULDER "X BO' ON WEST FACE
5. CERTIFICATION
This is to cortif4 thot I wos in responsible chorge of thesurveying w?iii-?escribed in this iScora ono tfrot to inebest of my knowledge the informotion presented hereints true ond correct.
Nome (pteos" rnnr),
fir^ No^q
Flrm Addross: ll8 w: oIH sn cLENWooo spRlN1S CoLotu4oo
p1.ron.. 94,5- lOO4
LOCATION DIAGRAM
1" = 1 Mile
O = Locotion of Monumont Slgnoturcr/Dotc through Seol
snc-Z__r_E-5gL/fr._n j 7 WEST_6 rH_p.u.
gsgtffy GARF\ELD rNDEx REp NUMBsp J-R.5
ssc-L-.r I SOU|H Rs7 WESft2rH_p.u.
gsgn1r PlTKlN rNDEx REF NUMBER J-R.s
tr To ba tracd only lor monumcntr locatcd on comty liacr
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6.
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7.
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FOUND 4'X4' CEDAR POSTIN 2' DIA COLUR OF SrONE
MARKED 2'X2'X/2" GRANITE
RECETYED AT OFTICE OF THE COUNIY CMRK
Rord to bo fllod by Indcr Bolorsaco Nu:nbcr
Nmorloallv, tlon AlphaboUoallv, undqr
apprcprlatc Tomahtp. Ban3o, md llorldlan
b,A2/B
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COLORADO I.AND SURVEY MONUMENT RECORD
. Dcqrtmcnt of Rogutotory AocncicsEoord ol Rcaistrotion ror profcrsionot Engtncci oid prorcssionot Lond sutyeyorct56O Eroodwoy, Suito 1J70, pcnvcr, CO gO2O2phon c (JaJ)ae I - 77ae ?ox (sot)ae + _ )zb.o iio o -\-sd$a
e +_ z zao
ryPE OF MONUMENT: D SECTION CORNER tr QUARTER CORNER tr BENCH MARK 6 $a1p COUNIY L/NE
MARKER
DESCRIPTION OF MONUMENT FOUND;
FOUND 4"SQUAR| C1DAR POST 30" LONGPOST /S MARKED ''GARF/ELD'' ON NORTH
PU/N ALUM/NUM CAP AS SHOWN BELOW.
'ET
SOL/D /N GROUND
S/DE. FOUND NO,s REBAR WTH
1
4.
DTSCRIPTION OF MONUMENT ESTABLISHED BY YOU TO
9€f SKETCH EELOW
PERPTTUATE THE LOCATION OF THIS POINT:
D,:te c,f Field 2B APR /995
(Do not fill in
RECETVED AT OFnCE OF TIIE COUNTY CLERK
BY:
DATE:
REFERENCE POINTS STATING
EVIDENCE WHERE APPLICABLE:
]l! i.. to cc$ifv thot. I wos in. responsibte chorge of thesurveying work described In this rccord ond th;t to thebest of my knowlcdge tho informotion preoentod hereints truo ond corroct.
Nome (Pleose Prlnl): KENNETH R. tllL,ON
Flrm Nome: SCH,IIUESER ?ORDON tt*ER /NC.
Flrm Addrcsst I 18 W. 6TH SI. GLENWOOD SPR/NGS, COLORADO
ph^^A. 945- lOOl
LOCATION DIAGRAM
1" = 1 Mile
o - Locotion of Monument Slgnoturcr/Dote through SeolsBc-l-6--r
--E-SQ-UT\R-
s8 WES lt| TH_p u.
couNry GARF\1LD rNDEx REF NUMBsp / /-e,Z
sEc-J.6--r-8j9Ufun 88 V/ES| 6TH p.y.
sstJyTy P/TK/N INDEX REp NUMBBq / / _e. Z
r* To be ured onty for monumants located on cornty ltjres
tuv.027?.s
SKETCH SHOWING RELATIVE LOCATION OF MONUMENT, ACCESSORIES ANDWHETHER FOUND OR Srr, SHOW SUPPORTING AND/OR COGNAOICTONY
fi.?a,
6.
N
4
7.
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Rccord to bc filcd by todcr Rsfcrcncc Nmbor
Numertcalle. thcn Alpbabcucally. uDd6r
approprlat6 Toruhlp, Rangc, aod ldcr.idlu
FOUND NO,s RFBAR
WTH PU/N ALUM/NUM
b\x
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EUZED 4" P/NONSIT 6OD NA\L /N
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JOHN R. SCHENK
DAN KERST
MLLIAM J. deWNTER, III
Robert B. Emerson, Esq.
86 South Third Street
Carbondale, CO 81623
?**^, KERSr & dewrNrER,
ATTORNEYS AT LAW
SUITE 310, 3O2 EIG}ITH STREET
CLENTWOOD SPzuNGS, COLOMDO 81601
TELEpHONE: (nq 945_2447
TELECopIER: (nq %S-2y17
Iuly 12, 1995
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P.C.
FAX SE!{T
Transmitted Via Telecopier Only
Telecopier No. (970) 963-0985
Re: Mountain Meadows at prince Creek Subdivision
Dear Bob:
This letter is wriffen to address the various concenm expressed by you and your wife andthe Finleys on the development of the Mountain Meadows ai Prince irlet Subdivision. We
appreciate your open and positive response to dealing with these issues and will attempt to
reciprocate to the maximum extent possible.
1. Domestic Water Service for the new Subdivision. A test well has been drilled to
gonfirm both the qualify and the quantity of water available. Although this step is not required
by the subdivision regulations, it was taken to remove any doubt on thise matters. The well wasdrilled some 630 feet away the Allen Well No. 1 which serves yourselves, the Finleys and theAllens. A copy of the well test conducted on May 16, lgg5, the engineer's summary and the
water quality test results follow. This new well was able to pump at the rate of 20 g.p.m. for24 hours at a total draw down of 8'2". It recovered to the original water level within 25
minutes after pumping stopped. The engineers at Schmueser Gordon Meyer advise that this well
is an excellent producer and should have no measurable impact on the Allen Well No. 1. you
are certainly welcome to speak with Dean Gordon or any other experts of your choice to confirm
the unlikelihood of injury to the Allen Well No. 1. As you know, tnl OOO foot radius is a
presumptive standard to avoid material injury and we believe, based on the water available, thesewells will be able to co-exist without any adverse impact on the Allen Well No. 1.
You have requested, on behalf of the Finleys and yourselves, a redrilling of Allen WellNo. I to resolve any operational concerns. The Allens agree that, if the preiiminary plat is
approved by Garfield County, they will participate in the redrilling of Allen Well No. 1 and takeall appropriate steps to accomplish that in cooperation with you and the Finleys.
2. Irrigation Water. The Allens hold 33 shares of the East Mesa Ditch in theirname. Both the Finleys and you, through your respective predecessor's deeds, have received
Iuly 12, 1995
Page -2-
a 1ll6th interest in those water rights. In connection with utilization of this irrigation water onyour respective properties, the Allens have agreed as follows:
a. A corrected easement line from the system as depicted on the plat of
Mountain Meadows will be drawn to depict the line extending from that system to your
respective property lines.
b. The Covenants recognize the right of both yourselves and the Finleys andyour successors and assigns to enter on the Mountain Meadows Subdivision along the
easement lines in order to repair or replace any necessary component so that you ,igt t
obtain your irrigation water.
c. The Covenants specifically recognize your right to an undivided 1/16th
interest in the water for yourselves and a lll6th interest for ihe Finleys and you will be
entitled to that share of the water, irrespective of the Association's management of its
own internal water system.
d- As provided by the earlier agreement, both you and the Finleys will be
expected to share in the cost of normal maintenance and operations at the rate of lll6th
of those costs.
e. Any change to accommodate additional residential uses or otherwise
modify the system for use by the new subdivision will not be chargeable to you or the
Finleys.
f. The proposed Declaration of Covenants has been clarified further to
address these concerns. We look forward to your comments on the changes and would
respond to additional concerns with regard to the management of this system. All
changes to the Covenants appear in bold print.
3. Building Envelopes. The building envelopes were previously reduced and moved
to accommodate "view" concerns for the various properties. Due to the significant change
which follows on building height, we believe the envelope issue has been mitigaied substantially.
4. Building Height. A reduction in building heights was requested to lessen any
impact on views of Mt. Sopris. After examination of the frifiminary Plat and to reduce this
impact, the Allens will agree to reduce the maximum building height to 20'on Lots 1,2,3 and7. This will preclude a standard two-story dwelling and is a2O% reduction from the allowable
height in this zone district.
5. Drainage. Drainage language in the Declaration has been clarified as requested.
The change in language in the Covenants also follows.
July 12, 1995
Page -3-
6. Lot Lines. The Allens have agreed to adjust the lot line between your property
and theirs to coincide with the location of the existing fence. The Plat shows that new line. The
Allens will provide Nancy a Quit Claim Deed of the entire new description to confirm the
ownership of the strip in question.
7. Protective Covenants. Along with the changes mentioned above, the Protective
Covenants have been clarified to confirm that both you and the Finleys and your respective
successors and assigns will be capable of enforcing these Covenants in matters which affect your
respective properties.
8. Road Construction. The subdivision road will be surfaced with a chip and seal
impervious surface, which will negate any dust impact.
9. Easement Road Restriction. The Allens have agreed that the road serving their
present residence, as well as yours and the Finleys (which exists as an easement across your
properry and the Finleys), will not be used by the subdivision owners except for emergency
access for police, fire and other public requirements.
Please review the changes in the Declaration proposed and advise if this language meets
your concerns. A copy of the Staff Report also follows.
JRS/clh
Enc.
cc: Dr. and Mrs. Wilmer C. Allen -
Debbie Duley, Schmueser Gordon
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SCHENK, I(ERST & deWINTER,
/r]-IOIINIIYS A'I LAW
SUI'I'I] 3IO. 302 EICH'TH STRETJ'I'
GLE.NWOOD SPII.INCS, COLORAI)O 8 160I
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'IELtsPHONE: (970) 945-2447 '
TELI1COpIER: (970t 945-2971
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,
Mr. Dave Michaelson
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re:
Dear Dave:
Allen/Mountain lMeadows Subdivision
This letter confirms our conversation today that by inadvertence the Allen property was
not posted with notice of the June 14, hearing. Therefore, Mrs. Allen requests the matter be
reset for the July meeting which we understand will be July 12, 1995. Thank you for your
consideration of this request.
rn .t /^,-
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cc: Dr. & Mrs. Wilmer C. Allen
Debbie Duley
JOHN R- SCHENK
DAN KERST
WILLLAM J. doWINTER. III 1l.
Junel,lgg5 ' ,*
H!rtuLLbmoAfl@.1
PUBLIC NOTICE
TAKE, NOTICE that ANNEI.IESE I(. ALLEN has applied to the Board of County
Commissioners, Garfield Count;r, State of Colorado, to grant a Preliminary Plan approval lor
Mountain Meadows at Prince Creek Subdivision in connection with the following described
property situated in the County o[ Garfield, State of Colorado; to-wit:
Legal See Exhibit A
Practical Description: Located approximately 2.0 miles south of Carbondale olf of County
Road I l1 (Dinkle Lake Road).
Said Preliminary Plan is to allow the Petitioner to subdivide the following: A 17.893 acre tract
into 8 single lamily residential lots on the above described property.
All persons affected by the proposed Subdivision are invited to appear and state their views,
protests or objections. lf you cannot appear personally at such meeting, then you are urged to
state your views by letter particularly if you have objections to such Preliminary Plan as the
Board of County Commissioners will give consideration to the comments of surrounding
property owners and others affected in deciding whether to grant or deny the request lor
Preliminary Plan. This Prelimi,nary Plan applicaLion may be reviewed at the office of the
Planning Department located at Garfield County Courthouse, 109 8th Street, Suite 303,
Glenwood Springs, Colorado, between the hours of 9:00 a.m. to 12:00 p.m. and l:00 p.m.to
4:00 p.m., Monday through Friclay.
That public hearing on the applir;ation for the above Preliminary Plan has been set for the 8th
day of August, 1995, at the hour of 4:30 p.-., at the Garfield County Courthouse, Suite 301,
109 8th Street, Glenwood Sprin,gs, Colorado.
Planning Department
Garfield County
PUBLIC NO'TICE
TAKE NOTICE that ANN ELI ESE K. ALLEN has applied to the Garfiekl County Planning
Comrnission, Garl'ield County, State of Colorado, Lo granl a Preliminary plan approval for
Mountain Meadows at Prince Creek Subdivision in connection with the following described
property situated in the County of Garfield, State of coloraclo; to-wit:
Legal Description: See Exhibit A
Pra<;tical Description: Located approxinraLely 2.0 miles south of Carbon6ale olf of County
Road I I I (Dinkle Lake Road).
Said Preliminary Plan is to allou' Lhe Petitioner to subdivicle tle following: A 17.893 acre tract
into 8 single lamily residential lots on the above describecl property.
All persons affected by the prop,osed Subclivision are invited to appear ancl state their views,
protests or objections. If you cannot appear personally at such meeting, then you are urged to
state your views by letter partioularly if you have objoctions to such Preliminary Plan as the
Planning Commission will give c,cnsi<Ieration to the conurents ofsurrounding property owners
and others alleoted in deciding w'hether to grant or deny the request lor Preliminary Plan. This
Preliminary Plan application may be reviewe<l at Lhe of{-rce of the Planning Department locatecl
at Garfield County Courthouse, 109 8th Street, Suite 303, Glenwoocl Springs, Colorado,
between the hours of 8:00 a.m. ancl 5:00 p.m., Monday through Friday.
That public hearing on the applir:ation lor the above Preliminary Plan has been set lor the l4th
day ofJune, 1995, at the hour of 7:00 p.m., at the Garfielcl County Courthouse, Suite 301, 109
8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
A parcel of Iand sitrrate(l irl LoLs B atrrl 9 of secLion II and in
LoLs 3 ancl 4 of Section 1q alI jti'l'orvI.tsltil: B Sotrtlr, Iiatlge BB
West of LIre Sixth Prirrcipal I'lericl iarr, rrroL'e parLictrlarly
clescri.bed as f o1]ovrs :
Beginning at tlle brass cap witness poi. rrL l;earirlg ltr. 00 degrees
08,29,, tI. 2'1 .)-A f eet to the Sectiol) CorIleI: conllnon to Sectiol'lS
10, 11, ir4, arrd l5 of saicl 't'ovrrt:;hip atrtl P'atrc.1e;
E.hence I.I . 5B clegrees 49'10" li. u69.09 f ccL t-o Lllu 'Irue Point of
Be5Jinning;
therrce I'1 . BB clcgrees 29'/l-1 " E' 29]"l'l fcct'
thence S. 02 degrees 2B'19" E. 240'00 feeL
tlrence N. BB degrees 29'4'1" E' 715'00 fcet
thence S. 02 degrees 2B'f9" tr' 612'51 feec
thence S. 73 degrees 3l'21" l'I ' 1512 '6'l f eet;
thence N. 00 degrees 09' 28 " W ' l4 ' 54 feet
Ehence S. B9 degrees J9'46" E' 22'29 feeL
thence N. 05 <legrees oo'48" E' 96 90 [t:et-
A11 Lhat Port.ion of
l>eing in Ltre CotrrltY
thence tl . 10 degrees 27'4.t " 9l ' B1 . l9
tlrence |l . 0? degrees OJ'05" 8 262''12
thence I'1 . I9 degree:; 5?'14" E' I6'1 'l?
tlre fol. lovrirtg rlel;r-'r'illetl 1rt:opr:r.t-y Iayiltg attti
of G.rrfiel.tl , Stat-e of CoIorado.
f.let-
ttrerrce ll . 06 tlegrees 22'44" ll' 'l'l 'B-l Irlet-;
Ehence N. 09 degree!i 42'2L" tl . 161 04
tirer)ce I'I . 3B degrees f 9'12" 8. l-'I Bl
tlrerrce l'l . 30 ciegrees l0'00" li. l3'1 ' 12
of Beginning.
cpur'lTY OF GAtr.F I t'll,t)
STA'IE OF COLOll.rrDO
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PUBLIC NOTICE
TAKENOTICEThaTANNELIESE IL ALLENhasapplied to the Garheld County Planning
Qsmmission, Garfield County, State of Colorado, to grant a Preliminary Plan approval for
Mountain Meadows at Prince Creek Subdivision in connection with the following described
property situated in the County of Garfreld, State of Colorado; to-wit:
l-egal Description: See Exhibit A
Practical Description: Located approximately 2.0 miles south of Carbondale offof County
Road lll (Dinkle Lake Road).
l?/
Said Preliminary Plan is to allow the Petitioner to subdivide the following: Al7 .ffi acre tract
into 8 single family residential lots on the above described property.
All persons affected by the proposed Subdivision are invited to appear and state their views,
protests or objections. Ifyou cannot appear personally at such meeting, then you are urged to
state your views by letter particularly if you have objections to such Preliminary Plan as the
Planning Commission will give consideration to the comments of surrounding property owners
and others affected in deciding whether to grant or deny the request for Preliminary Plan. This
Preliminary Plan application may be reviewed at the ofhce ofthe Planning Department located
at Garheld County Courthouse, 109 8th Street, Suite 303, Glenwood Springs, Colorado,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
That public hearing on the application for the above Preliminary Plan has been set for the l2th
day of July, 1995, at the hour of 7:00 p.m., at the Garheld County Courthouse, Suite 301, 109
8th Street, Glenwood Springs, Colorado.
Planning Departrnent
Garheld County
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