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PROJECT INFORMATION
BOCC 8t8195
AND STAFF COMMENTS
REQUIIST:
APPI,ICANTS:
T,OCATION:
SITE DATA:
\[/ATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACE,NT ZONING:
M ountain Meadows at Prince Creck
Subdivision Preliminary Plan
Anneliese K. Allen
A parcel of land located in a
portions of Sections 1l and 14, T8S.
R88W; located approximatelY one
(2) miles south of the Town of
Carbondale, off of C.R. 111..
17.893 acres
Central water system from a well
I.S.D.S.
County Road 1l l
A/R/RD
A/R/RD
I.RET-ATTONSHIP TO THF, COMPREHENSIVE PLAN
The subjoot property is located in District C, Rural Areas/Minor Environmental
Constraints as shown on the Garheld County Comprehensive Plan Management
Districts Map. The Carbondale Urban Area ol Influence is within one (1) mile of the
proposed development, which is considered a transition zone between rural and urban
densities. The recommended density for transition zones is one (l) dwelling unit per
two (2) acres.
II.DESCRII'TION OF THE, PRC)POSAI.
Site l)escription: The prop,erty is adjacent to County Road 111, on the Crystal
River side of the road. The parcel is irrigated cropland that slopes gently from
the south to the north. There are a number of large cottonwood trees along the
road. The applicant's hour;e is the only structure on the property at this time.
Adjacent to the north side of the proposed subdivision are three houses on lots
approximately two acres ir size.
Project Description: It is proposed to split the 17.893 acre site into 8 single-
family lots ranging in siz: lrom 2.000 acres to 2.324 acres in size.(See plan
enclosed) There are seven r(7) new lots that will have water supplied by a central
water system led by a well on the site, while the existing house will continue to
A.
B.
e l-
C.
have water provided by another well that has served the lot since 1975. This
same well serves two of the existing houses that are adjacent to the proposed
development. Sewage will be treated by the use of individual sewage disposal
systems. Access will be provided lrom County Road 111 via a 40 ft. wide and
930 tt. long road that ends in a cul-de-sac with a 50 ft radius.
Fire protection will be provided by a 10,000 gallon cistern to be located near the
cul-de-sac. Water irrigation is proposed to be provided by an underground
pressure irrigation system.
History: In 1984, by Resolution No. 84-211, the Board of County
Commissioners denied the approval of the Preliminary Plan for the Mountain
Meadows subdivision. 'fhe reasons lor denial were based on the density being
incompatible with the lesser residential and agricultural densities within one (1)
mile olthe proposed development; lack o[water management mechanisms; and
an inadequate road servicing the area. All of these reasons led to a
determination that the subdivision was premature for development. The
decision was upheld by the District Court in subsequent litigation, based on the
applicant's lailure
"to provide for the creation of a legally appropriate entity to control and
manage the proposed central water system with adequate powers to
enforce the provisions of any contract wi provide for an appropriate leg
mechanism to manage the existing underground pressurized irrigation
system, as well as adequate saleguards to protect existing wells on
surrounding areas."
One ol the reasons lor denial, due to the lack of an adequate county road to
service the subdivision, was not upheld. The judge's comment was as flollows:
"The concern was the increase in traffrc on the county road that would
be caused by the subdivision. The increased tralTic is solely as a result of
the increased land use density. Density is a function ol zoning. The
property in question is zoned lor two acre residential use. The proposed
subdivision is in conlormance with the existing zoning. If the defendant
believes that the allowable zoning results in too great a density the
remedy is to change the zoning, not to attempt to control it through the
subdivision approval process."
The County has been working on a modification of the Comprehensive Plan,
that would eventually recommend land use densities for new zone districts.
IIT.MAJOR ISSIII]S AND CONCERNS
A. Agencv Commenls:
L Division o[ Water Resources: The Division recommends that no hnal
approval be given to the project until a Court decree for an augmentation plan
is approved. Additionally, the Division questions the adequacy of the water
supply, based on lhe lack ofdocumentation submitted with the application. (See
retiers pgr.?:/L)
ar?a-
B.
C.
2. Carbon<lale & Rural Fire Protection District: The District has no problem
with the proposed oul-cle-sac length, but feels that a minimum of 16,000 gallons
of storage for hre protection. The District is also requesting $232per dwelling
unit as a part of the fire impact fees approved by the Board of County
Commissioners last year. (See letter pg. ,3)
3. Division ol-Wil<llite. In general the Division is satisfied with the proposed
covenants, but they would preler that the covenants be converted to deed
restrictions, so the County can enlorce them. They would also like to see a
restriction on cqnstruction workers bringing uncontrolled dogs onto the site.
(See leuer ps.ll)
4. Coloraclo Geologic Srrrvey: They generally do not have any geologic related
objections to the proposed subdivision. They do recommend that each site F . ,
investigated by a qualifiecl soils and foundation engineer. (See letter pgs.lgf,b
Zoning: The A/R/RD zone district requires a minimum ol two (2) acres for
each lot created as a part of a subdivision. Each of the proposed lots has two
acres of area and is in compliance with the zone district requirements.
Road/Access: The roaclway proposed to serve seven of the eight lots is classiflred
as a semi-primitive roa<lway and is required to have at a minimum of a 40 ft.
ROW, with eight (8) ft driving lanes and two (2) ft. shoulders and a gravel
driving surface. The application proposes two l0' asphalt surlaced lanes, with
two ft. shoulders. This roadway will have to be dedicated to the public for use,
but be maintained by a homeowners association.
Cul-de-sacs may be permitted, provided they are not over 600 ft. in length. The
proposed cul-de-sac is approximately 930 ft. long. The Board may approve
longer cul-de-sacs " lor topographical reasons and it can be proved that fire
protection and emergency egress and access is provided as a part of the longer
design." The applicant has a favorable recommendation from the Carbondale
& Rural Fire Protection District.
County Road I l1 has not been upgraded since the last application, but the
courts have stated that the County must have a "rational nexus" between the
proportionate impacts of a development and the total impacts lrom all
development on the road. At this time the County has no method of assessing
road impact lees on this projoot.
FireProtection: TheCarbondale&RuralFireProtectionDistricthasrequested
a 16,000 gallon water tank lor fire protection. The applicant has proposed a
10,000 gallon water tank. The State Forest Service has not commented on this
proposal, but they have recommended in other applications that wildfire
problems can beminimized by following the recommendations lorconstruction
of homes contained in the CSFS publication "Wildhre Protection in the
Wildland Urban [nterface" and "Model Regulations for protecting People and
Homes in Subdivisions and Developments".
Lot Layout: During the previous subdivision review process, the location ol
houses in the view plane of the neighboring houses was an issue. The application
has proposed building envelopes to protect the neighbor'sviews of Mt. Sopris..
D.
E.
e3o
Pitkin County: While no response was received from Pitkin County, stafffeels
that it is important to understand that any Garfield County action to approve
a subdivision, will by default create a legally separate parcel in Pitkin County.
As a part of the previous review of the subdivision, a recommended condition
of approval was that a plat note be created that states that "any parcels created
by Garfield county action will, in no way, obligate Pitkin county to approve
any building permits without compliance with the appropriate Pitkin County
Land Use Code requirements and procedures." Additionally, it was required of
the developer to make sure the Garfield/Pitkin boundary line be legally describe
and accepted by the Garfield County Surveyor prior to any hnal plat approval.
Water: The Division of Water Resources has expressed reservations about the
proposed legal water supply plan. While they do not mention it in their letter,
they have taken a position on the Round 2 Reudi Reservoir augmentation water
that questions the long term viability olthe augmentation source. The Division
is requiring that all decrees using 25 year BOR contracts for a water supply have
some speciho language that puts owners of that water on notice that the water
supply is only good for 25 years and there is no guarantee that it will be renewed,
thus leaving-l{{ter owner without a legal water supply. (See specihc language
in letter pgs Bl&a;ently, Judge ossola, District court, ruled that Bureau of
Recreation contracts for 25 year lease is not a legally adequate source of
augmentation water. Subsequent to the Planning Commission meeting, the
Town of Carbondale submitted a letter indicatirlg that the Town was objecting
to the water augmentation plan. (See letter pg.li) The applicant has indicated
that they will be amending their augmentation plan to utilize some of the
irrigation rights lor augmentation purposes. Prior to approval of a hnal plat, a
court approved augmentation will have to be submitted to the Planning
Department.
Planning Commission Recommenclation: The Planning Commission by a voteof 4-3, recommended denial of the proposed subdivision, based on
incompatibility with the predominantly agricultural uses in the area. The
Commission wasadvised that noncompatibility was nof supported by the Court
in the previous decision as a basis lor denial. Regardless, the planning
Commission lelt lrustrated by the lact that the recommendations in the draft
Comprehensive Plan are not implementable except through changes to the
zoning resolution and choose to reoommend denial.
I. Apnlicant's Resnonse: Enclosed is a letter lrom the applicant's husband, in
which he expresses frustration at the Planning Commission decision and his
arguments flor approving the proposed subdivision. (See letter pg..l0._lB
Neighbor's comments: Gary and Norma Barr submitted the enclosed
oomnrents to the Plannins Commission in opposition to the proposed
suD.rvrsron. (see pgs. illr2 St( #!;"2*2*!?:1;!^t sehe^t K' opp/'lc'"^tt 3 a tto'l'1
vI.S{IGGESTED FINDINGS
That the proper publication, public notice and posting were provided as required
by law for the hearing before the Board olcounty commissioners; and
That the hearing belore the Boarcl of County Commissioners wasextensive and
complete, that all pertinent facts, matters ancl issues were submitted and that all
F.
G.
H.
J.
A.
B.
4
interested parties were heard at that hearing; and
That the proposed subdivision of land is in general compliance with the
recofilmendations set forth in the Comprehensive Plan lor the unincorporated
area of the County; and
D. That the proposed subdivision of land conlorms to the Garheld County Zorung
Resolution; and
That all data, surveys, analyses, studies, plans and designs as arerequired by the
State of Colorado, and Garheld County, have been submitted and, in addition,
have been found to meet all requirements of the Garheld County Subdivision
Regulations.
F. That lor the above stated and other reasons, the proposed subdivision is in the
best interest of the health, safety, morals, convenience and order of the citizens
of Garheld County.
VII. RECOMMENDATION
The Planning Commission recommended DENIAL olthe proposed subdivision due
to the incompatibility of the subdivision with the agricultural uses in the area.
If the Planning Commission had recommended approval, staff had suggested the
lollowing conditions of approval:
All representations of the applicant, either within the application orstated at the
public hearings belore the Board of County Commissioners shall be considered
conditions of approval unless otherwise state by the Board.
All proposed utilities shall be located underground. All necessary appurtenances
lor individual service oonnection shall be provided by the developer. Utility
lacilities shall be included in the Subdivision Improvements Agreement.
The applicant shall establish a Homeowner's Association. The Homeowner's
Association shall be incorporated in accordance with the Colorado Revised
Statutes. The proteotive covenants, articles of incorporation and other
Homeowner's Association documents including by-laws will be submitted for
review by the County Attorney prior to the approval of the Final Plat.
The water allocation contract shall be translerred from the developer to the
Homeowner's Association, if utilized. Payments for these contracts shall be
enlbrced through covenants.
. All Basalt
Water Conservancy District contract rights and obligations, as approved by the
Water Court, shall be assigned to the Homeowner's Association. 2
The applicant shall pay $200 per lot in School tmpact Fees prior to the approval
ol the F'inal Plat.
The restrictive covenants shall provide that there will beno resubdivision of the
Iots.
C.
1.
)
3.
4.
5.
6.
(-
e-)
7.
8.
9.
10.
11.
12.
13.
Prior to the submittal of the Final Plat, the applicant shall provide adequate
written verif-rcation lrom the Division of Water Resources documenting
approval of the domestio water supply and comply with any recommendations
made by the Division.
The applicant shall provide a 16,000 gallon water storage tank per the request
of the Carbondale and Rural Fire Protection District for hre protection as a part
of the submittal of a Final Plat and pay $232.0O per dwelin
to submittal of a Final Plat. -- LUrU ,/,*,
/
All roads including the proposed cul-de-sac shall be designed and constructed
in accordance with minimum County standards.
The applicants shall submit improvement plans for all roads, bridges, utilities
and drainage structures prior to approval of a Final Plat.
The applicant shall demonstrate that procedures are established for the
maintenance of all bridges, roadwaysetc., including snow removal, through the
Homeowner's Association.
AII outdoor lighting shall be directed downward and toward the interior of the
subdivision.
That the Final Plat lor the subdivision include the following:
(l)tate en all curtarlllll o ul:qf- prio rit y divgrsio n s,
t io ley6L so rep htinjury
to section 37 8), C.R.S.
S nd that the
sh ail to rve
sulfi urce of water is in\this
dec ior to suoh , curtailment
of all out-ol-p\rity ns will occuri
(2) The approval of this subdivision action by Garfield County
will, in no way, obligate Pitkin County to approve any building
permits without compliance with the appropriate pitkin/county
Land Use Code requirements and procedures.
(3) The lots in this subdivision are in a predominantly
agricultural area and that certain agricultural practices may have
a negative impact on the residential use of property in this
subdivision. The agricultural uses and practices are superior to
the residential uses.
(4) No open hearth solid-fuel fireplaces will be allowed; each
dwelling unit will be allowed one(l) new wood-burning stove as
delrned by C.R.S. 25-l-407, et. seq. and the regulations
a. A legal description of the Garfield/Pitkin counly boundarv line that , ,
is apprgved by, the
b. That the following plat notes be included on the plat:
g to,the District prior
ter rights pu
icant a
ted, or an alt
ob'
,4,L
to
promulgated thereunder; and there will be no restriction on the
number of natural gas burning hreplaces or appliances.
(5) One dog will be allowed in each residential dwelling unit in
the PUD This requirement will be included in the protective
covenants, and will be enlorced by the homeowners association.
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May 24, 1995
Mr. Dave Michaelson
Garfield County Building and Planning
109 Bth Street, Suite 303
Glenwood Springs, Coloraclo Bl601
Mountain Meadows at Prince Creek Subdivision
SW l/4 Sec. 11 and NW 1/4 Sec. 14, T. B S, R. BBW,6rh p.M
Water Division 5, Water District 38
Dear Mr. Michaelsorr:
We are in receipt of your subdivision preliminary referralto subdivide approximately 17.68
acres into I residential lots. The proposed water supply will be by one or more new wells that
will be connected to a central water cJistriltution system.
Please refer to our letter dated March 3, 1995 by Mr. Jeff Deatherage of our office. A
copy of that letter is enclosed. The comments that were made in that letter still hold good. We
recommetld that final approval of tltis development not be granted until a Court decree for
augmentation plan, to cornpensate injr-rry to other water riglrts, is issr:ed.
We are unable to comment on tlre adequacy of tlre water supply. As ouilined in the
statutes, Section 30-28-133(3)(d), C R.S., the applicant is required to submit adequate evidence
tlrat a waler sr-rpply that is sufficient in terms of quality, quantity, arrd clependability will be
available lo ensure an adequate supply ol water.
lf you have any questions regarding this rnatter, please feel free to contact this office or
Mr. orlyn Bell of our Division office in Glenwood springs at 945-s665.
Sincerely
RE:
KM/km
mourrtainmed.sub
cc: Orlyn Bell, Div. Engineer
Joe Bergquist, Water Cornmissioner Mr. Kris Murthy
Professional Errgineer
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STA|E, OF COLOKADO
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- March 3, i99s
Mr. Dave Michaelson
Garfield County Building and Planning
1O9 Btlr Street, Sr,rite 3O3
Glenwood Springs, CO 8160'l
RE: Mountain Meadows at Prince Creek Sketch Plan
SW 1/4, Section 11 and NW 1/4, Section 14, T B S, R BB W,6th
P.M.
Water Division 5, Water District 38
Ro)'lltxrrer
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Ixr-,culive Drrcr tor
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Dear Dave:
We have reviewed llre above referencecl subdivision outlined in the sketch plan submittal
by Scl'rmueser Gordon Meyer, lnc. datecl February 6, 1995. This proposal will create eight single-
lamily lots on approximately 17.68 acres. Tlre proposed water supply for this development is to
be provided by one or more new wells that will be connected to a central water distribution
system. The well(s) are lo be operated pursuant to a water allotment contract with the Basalt
Water Conservancy District (District) and lhe District's substitute water supply plan. An existing
house on lot B and two ollrer nearby houses are served by an existing well, permit no. 80997.
Accorcling to information in llre subnrittal, tlre water requirements lor tiousehold use for
this development will be approximately 1O gpm. Other wells in the area are reported to produce
between 1O and 15 gpm, so one well is expected to serye the entire development. A second well
is proposed if procluction of the first well is lound to be insufficient to supply this development.
Water for irrigation is to be provicled by an existing underground distribution system that obtains
water frorn the Crystal River by way of the East Mesa Ditch.
Based upon inforrnation in the submittal, tlre State Engineer's Office offers the {ollowing
opinion pursuant to Section 30-28-136(1)(1r)(l), C.R.S., for your consideration regarding material
injury to decreed water riglrts and the adequacy ol the proposed water supply:
It appears this office previously contmentecl on tlris developnrent in a letter to Garfield
County dated July 12, 1SB4 (copy enclosecl). Our comments lor the present development are
as follows:
-10 o
Mr. Dave Michaelsor-t
March 3, 1995
Page 2
l. The applicant will neecl to olttairr a well perrnit for tlte new well lo serve seven single-
farlily clwellings. Wlrilc lhe applicant does appear to llave a valid contract with the District
for 3 3 acre feet, it apJrears tlrc location ol tltis clevelopment is outside of the area
approved in tlre District's sr:bstitute water supply plan. lt is r-rr-rlil<ely a well permit could
be issue<1 without a plan lor ar:gmentation approved by the Division 5 Water Court.
2. lf the existing well, perrnit no. 80997, is connected to the central water distribution system,
a new p"rmit for tlie expanded use of tlris well must be obtained. lf the existing well will
not be connectecl to the central systern, but will be usecl to serve three single{amily
drvellings, permit no. 80997 shoulcl be arnentlecl pursuant to our policy tl 93-4 to reflect
this use. A copy of this policy is enclosed'
3. Although general information was providecl in the submittal regarding adiacent wells, we
are unable to comment on the adequacy of the water supply without an engineering or
geoteclrnical stucly documenting the plrysical availability and dependability of ground
water for the proposecl uses at this site. As outlined in the statutes, Section 30-28-133,
C.R.S., tlre subdivicier is requirecl to surbmit adequate evidence that a water supply that
is suflicient in terms of qr"rality, qLrantity, ancl clepencJability will be available to ensure an
adequate suPplY of water.
It is our opinion that material injury to decreeci water rights may occur if diversions are
made without a court approved plan for augrnentation. Tlte tiling of a plan for augmentation and
the subsequent iuclicial review ancl final clecree shoulcl provide adequate terms and limitations
to protect decreed water rights.
Shoulcl yorr lrave ftrrllrer clrrcstions or corlrrnents regarding the water supply for this
prolect, please contact tllis ollicc at tlle allove addrcss'
Sincerely,
lr^,: i Y'1, i7'1 .
I i.t,
Jefl Deatlierage
Water Resources Engineer
CC:Orlyn Bell, Division Engitteer
Joe Bergquist, Water Comtt-tissioner
Steve Lautenschlager, Assistant Statc Erlgirrcer
mountmed.su[:
.ll-
,;,.
it
P1ri,
tt.l'.rl t ., I
,I-'r ,t ,lt.l ,
..),
J ,,1 I
I
ir
I
C:trllrilrrlulc & Ilrrrll Ir'ir.c I)r-olection DislrictI r lrtl'"i 300 N,Icarlorvoorl I)r..
Carlrontlnlc, Color':rrlo 81 623
l)honc (970) 963-249I
rtn x (e70) 963-0s69
May 26, 1995
Dave lVlichaelsorr
Garljelrl County I)larrner
109 8tlr St
Glenwoorl Springs, (10 tt I(r0l
RE: Mountain Mearlorvs al [)rirrce C]rcel< I)relinrinary l)lan
I lrave reviewecl the prelinrirtary plan lor tlre IVlountain Mearlows at Prince Creek subdivision and
have visited llre site. I wotrld oll-er llre lilllowing ct)nrrnenls regarcling lire protectiorr
Access to the str[;tlivisiol.l al)[)ears to bc acle<1uate via the proposed subclivisiorr roacl and cul-de-
sac ofl'of Cotrrtty ltoad I I I 'l'he ttcw srrt;clivrsion roacl shorrlcl nreet county roacl standards.
Water strltply firr llre pt'oleclion worrl<l rnilially be provirlcrl with walcr carriecl on fire apparatus.
Iwotrlcl reconllllencl that tlre applicarrls install a ccntrally locatecl unclerground storage tarrk for
lire ltrotection. 'l'lre tank slrotrlcl holcl a rnirrirrrunr of l(r,000 gallons arrd nreet the
reconrmenclatiorrs ol-the N Ir.l).A. I23l starrdarrl on water supplies.
Itespotlse time lo the subtlivisiort is approxinrately l0 nrirrrrtcs willr Ilr.st resl)onse corning frorr-r the
Cartrondale statiorr.
The District will require tlte payrtrcnt ol'cleveloprnent irnltact lees in tlte arnount ol$232.00 per
ttnit as approvecl by tlre Gallie lrl floLrnty Cornrnissiorrers. 'fhis paynrent is due uporr final plat
apllroval.
Please contact nte i{'you lrave arry qrresliorrs
SincerelyT /') ,,//- -"i/i-4,M
[] ill (iavettt:
liir e Nlarslrirl
o le€
STATE OF COLORADO
Roy Ronrer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN €oUAt ()PPOllIr.Jlll Y tl,tPl ()YE,i
Perry D. Olson, Oirectrlr
6060 Broadway
Denver, Colorado 8O2 l 6
Teleplrone: (3113) 29 / 1 192 tur ll/iklli.lb-
lior People
5-12-95
Garfield County Planning
109 8th St., Suite lO3
Glenwood SpriDgs, CO Bl6Oi
Dear Dave,
f refer you to my 2-L4-95 letter to yon regarding wildlifej-mpacts for the Mountain Meadows at Prince Creek Subdivision
which was included in tlre preliminary plan submittal. Included
in the preliminary plan were protective covenants which addressed
wilcllife concerns. If these covenants are maintained, not
changed over time, and are strictly enforced they should help
minimize impacts to wildtife ancl I commend the proponent for
their efforts. I am somewhat hesitant as my experience with
covenants is that over time t.hey are not enforced and wildlife
suffers as a result. It would be better if these conditions were
deed restr,icted and conditions of approval so the County could
enforce them as necessary.
In addition, I would also recommend that construction workers not
be allowed to bring their dogs on site during construction.
Generally when this happens the workers do not l<eep control of
the Lr dogs and they run loose and chase cleer/eJ k.
Thank you for the opportun ity to commentquestions, please give me a calI.
If you have any
DEpAnl MEtlf OF NA f tlnAl- RESOtJtICES, Konn0llr S;rlirzar. Execrrlive Direclor
WILDLIFE COMMISSION, Wrlliarn R llegtrerg, Merrrtter. Elciorr W CooJrr-'r. Cltairttt;rtt.Fr:lix Cltavez, Mr:ntlier . Rebecca L. Frank, Menlber
t.ouis F. Swill, Mernbcr. C)eorge Varr[)crr[]crq, Mcrrrber . ttrrry M Wriglrl, Merntrcr.'[horrras M. Eve, Mernber
REFER TO
o 13'
Manaqer
ffi
STATE OF COLOKADO
coLoRAl)o (;[()l.o(;lcAl sL,llvtY
[ )ivi:iorr t,I lr'lirtct.tls,tttrl t,r'ololiy
l)cllalltrtcttl ol N,tlrrt,tl lit:sottrt t's
I Il i Slrt'rrtr,trr Sttt't'1, llootlt 7l'r
l)t:ttvt'r, ( olor,rrlo {lO.lO I
l'lrotrc ( i{) J) lt(r(r-2(r I I
tAX ( lO I) tl(,(, .l'l() I
June 16, 199-5
i*r'I
) ,-,t
GA-9-5-0013
I )trl'Al(l-MtrN'l' OI:
NATUITAL
I\ESOUI\CES
Rrry Rorrrt,r
(,oV('tltrrt
l.rnrr,s S. I ot lrlre.ttl
[ \r'( ulrv{' l)ir('( l()r
Nlir lrat'l lI I orr11
| )ivisiort l)tttr lrtt
Vi< ki ( orv,tr t
5t,rtt ( ,tr rlrliist
I nunecl iately Nu.th*"rt
Garlield County-Pitkin
Garfield Cottnty I'larlrtirtg I)ellitrtttterlt
109 tlth Street, Suite 103
Glertwrtotl Sprirtgs, Clol<lratltl Ul60I
I{e: l'r<tptlsed Moulltain Meatlows llt I'rittce Creek Sulltlivisirln --
of ihe Intersectir)n ol C.l{. ll I (l'rirrce Creek lload) apd the
Cotrrtty Ilrlttntlary, Garl'ieltl C<lttnty
Dear Mr. Michitelsorl:
(1) 1'lre geologic coll(litiorls oi tlris l)llrcel
Creek llstates Strlltlivisitln which is it slttlrt
At y<rrrr re(lgest antl in ilccor(lilnce with S.l].3-5 (1912), we llilve rcviewetl tlte tllaterials
suburittctl hrr:rnrl ulil(lc a [icltl insPcctiorr ol (lre site oI tlrc ProPosetl residerttilrl strtrdivision
iprliclterl itl)ovc.'l'hc [ollorving c<lnttnetlts srtnllllitrizc ou r [iIldillgs.
rrrc esselttiully iclerltical to tlrose in the Prince
tlistuncc to the llorth o[ this l)rol)osed one. A
coPy of tlte review-resl)ollse corresl)oll(lettcc
essentiill ly rl llcllilllge(l alstl.
ftlr it is attitcltecl att(l otlr recomnlendations are
(2)'l-he ntost sigr.lilicunt clift'erencc betrveen the conclitiotts at this site alld Prince Creek
ilitut", is tlrat thc suriace and substrrlace clrainirge oI tlris l)arcel is lletter alld nlore
conclucive to resi(lentiirl rlevclol)ntctrt. Wc slill rec<lrnntelt(l tllilt [ottnclation drttirrs lle rtsecl
for irll structures witlr lxrserncnts.'l'lre slOPcs <lI these l0ts:rrtcl tltc ttl;scttce tlf active clrainitge
cl*r^nels will pr11l.lably ruinirrriz.c tlrc possibility ol strr[uce-rruto[l itttcl ertlsiott Jrrol;letns.
I. su.rgrirry, \ve have no geology-relutecl objectirln to yorrr al)[)roval ol tllis sr.rllclivisitln
prollosal.
Singerely,
I
; 7l-n--,*= -'7h . !o-r--(,.
,l'ufres M. Sotrle
(Engineeri n g G col ogi st
encl.
? l4-
STATE, OF COLOKADO
COI,ORAI)O CTOLOCICAL ST.'RVIY
[)ivisiorr o( lvlrrttlr:rls arrtl (,tolo11y
{)t:o,trltttt:ttl ol N,tttttitl l(e sotttt t:s
I J i .j Slrrrrrrr,rn Stre(-'t, l(rrr. 7 I 5
[)etrver, Color.rrkr 802O ]
l'}lrorre ( 10'|) tl(,(r-2(, 1 I
l:AX (]0 ]) li(r(r-2461
DEPAILTMENT OF
NAIURAL
I\ESOURCES
Roy Romer
Covetnor
Ken Salazar
Ixecutive Oirectoa
Michael B. tong
Division Di(eclor
Vicki Cowart
Stale CeoloBi5l
and Direclor
Marclr 22, 199'l Gn -e4-(X) I I
Mr. Dave Miclraels<ltt, l)lltltttcr
Gar[ielcl C<tttrtty I'litttllitrg I)cpitrttttcttt
109 Bth Strcct, Suite 103
Glenwootl Springs, Colrlraclo Ul(r0l
Re: Proposctl l)rincc Creck Estates (Strbtlivisitln) I']relitltittitry I'ltttt -- Nortll o[ the
Iltersectirtp 6f [)ripce Cree k ltoacl (C.lt lll) anrl the Gurlielcl Courlty-Pitkin Cotrnty
Ilottttclury, Gariieltl C)otrrtty
Dcitr Mr. Micltitcls<ltl:
At y6.r re(prest ancl irr accortlancc witlr S.ll.35 (1912), rvc Itave revicrvecl tlre rllitterials
strlrirritte6 lor ancl nracle a tiekl inspectirln on March 14, 199'[, ol the site oi the proprlsed
resicleptiirl srrllclivisirlp iltrlicatcrl altove. '['hc ftrllurving ctlttilttellts stllllll]arize our [indings.
(1)'l'5c gcr)cral gcolotsy ol'tlris sitc consists oI olrlcr tcrracc gravcls atttl otltcr allrrvitrl
i.ir"u,,-,-,Lp,,site.[) nrirlcriirls tlcposir.ccl l:y thc arrccstnrl Crystirl [tiver *.vlticlt <lverlie tile
Mon.,,, Shale and possiltly Othcr Cretacc0rrs serlinrerrtary rocl(s. 'l'he thicklless o[ llte streattr-
clerivecl rr)aterills is proli:rtlly variallle, brrt exceecls nonrutl [oturclation tlePths for typical
resitlential strrrctrrrcs witlr bascrllents. Althouglr tlrese sur['icial Ittitteriitls tyllically exhillit
goo(l t"g excellcpt lurrprlltion-strrl)ility chirractcristics, tltcy cill't vilry itl cotttlrttsiti0rl arrd grairl
fiz-e greatly i1 slrrlrt clist:rrrces, lrotlr lirlorally:rntl verticlrlly. Ilccltttsc ol tllis vltriallility, we
reco.)r,etrtl tlrlt circll ltrriltlirrg site llc irtvcstigirtc(l [)y:t tltritlifictl soils:tttcl [tltttttlatitln
engineer [tc[ilrc selcctiort tlI ltltttttltttitlrr tylrc(s) antl tlcsign(s).
(2) Ilecause 6['tlre ir.rigatiorr in tlrc vicinity antl thc lesrrlting Possibility tlrirt sltitllorv Perchctl
*,,t"1. tlllle(s) corrltl ticucl,lll orr clayey z.oncs irr tltc itttcicttt ltllttvitttll, \vc recollllttettcl tltltt
f.rrntlatiorr rlr:rins lte irrstallcrl in irli strrrcttrrcs rvitlr buscrt)cnts.'l'lrc sloPc of thcsc ltlts is
such tl)itt tltese tlrailts citlt tltrtlltl[ [ly gritvity l'lrlv'
-
,{'
Mr. l)itve Miclr:rclstlrt
Mrrrclt 22, 1994
I):rgc 2
(3)'l-5e p16p6setl intliviclrrirlselltic scrvage-tlisposal systcn)s probaltly rvill [le entirely [easitrle
[6r ull 6[ tlte lols. IIowcvcr, it is Jrossilrlc tlrut ltcrc<tlittiot) rittcs cal) vltry grelrtly frortt place
to place rvhich ntuy uecessitirtc rrsc ol "custonr" leltclt-liclcl clcsigns.
(4)'l'lrc gracling ancl clraiulrge ltlan prescrttetl in tlre Sclttttttcser, C{Jrtlt)tt, Meyer, Itrc., ntitll
sSoglcl 5e aclecprzrte to c6ntr<ll surfacc nrnoll ircross thc lots. Ilowever, the gtrlch tlittt wil.l
carry offsite [l6w that is slt6wn clivirling "l]nsIN /l l" lrclln "l-JnSIN lfT" irt their report (rnap)
shoulcl lte stuclied further to rleterrnine if erosion in it coulcl [teconre excessive. Depending
on lctgal ofisite flows ancl the corrtritxrtions to rurt<l[l cattsecl lly impervious cover on the
I6ts, it ltzry 5e:rdvisaltle t<l ltrotcct tlris grrlclr itrczt Irtlrtt errlsi<ttt lly:tctive nrettns sttclt i,ts
riprall placenrcrtts al<lrtg it, ctc.
In sulrnrary, wc l;elievc that tlris srr[>clivisi<trt pr<lltosltl is entircly lcasillle if tlre re:tsonatlle
ltrecatrtiOnary Iltcitstlrcs rccOll'llttcrltlccl :tlltlvc ilt'c titkctt.
t .)t r,e((....--.---
Sir;1:erely,
/)"**_--y/n(lfr',"t M. Sotrlc
Yjngincering (ieolt rgist
. t0-
I
r t)Z:':11 ll rl I ll'ir'r'l Ill r,lilllLr, 1,l r.r1,1'l,.ll ll.t'r' ltr
3-llAr E oF eor-ol\ADoj
ut:flCE OF I liE STATE [l']Clt'{Etl(
Divir,iorr o[ Watcr P'esorrrc(5
[)c llartrttr.lnt oI t'latttral llesourr:es
I J I I Slxrrn.rrr $11111, ftr1llr $ I I
( )r:rrrrlr', Color;rdo B0l(ll
Plsic (l0ll B(r(r-l501
f,{X (l0l)06r: l5B9
RrrT &rottr
(]r)wrno,
Itme 5 t.cchhn:rl
Irelrtiru l)lrcttor
I Lrl l). SirrrJnr.t
5titc Ir'8ir'ftrI'iclltrtar y 24,1995
)'O t,IC Y N'l ICIVIOI(ANL)III\I 95- 1
suIu ricTr Accll?,I'}'I'r\NCII ()lI 25'\',li^t( I'IiASIi AtiGI\',JiN'|A'I'I()N SUI'I',LULs
!ir'-;iilJrr-Pdi-qY
,r.rre Ilurr:au oI l{cclarrlflLiorr rras slnrc(r thar ail. rcw corluacts for augnlc,rt-e[oo wrtcr will ouly
bconl25-ycarlcescvritltllostlillitrltce(lot)[iotltolerlcw'lrristlrrglcrsestlntccrrttctlpfor
rcrrcwil rVilI also only bc give, tltc sartto Z5-yav lcasc optiort' 'L'lre Statc F-rtgilrcr:r is vcry
c.^(:crnc(t,Iborrt tr,iu rr,ort-tcrr'lcaso ri"ri,"r i* trrirt it.prrccs r greal brrrdr:rr on tlrc wi\ter
ruscni and rlur officc itt Ottr il(tcrnllts tt' crtsuro a r--liittllc strpPly oI augmcrrtat'iorr witlcr'
;;;;;ly wltcrt tlcrliirg rvitlt tlotncslic tt:;cs'
Virriottscrttit.i.esltavobcc,ttirrttcgotiat.iclnsr,liLlttltolJrtrcittrittanitttcnlLiLl.olctrgtltcutltc
contrnct I)eriod anJ ir,e statr: [,gi,,..r-r,iliru,ts tr,,.,,;c clforrs. T]re State Ehrgincer trclicves
that it" ls critical tr.r obtain long-tcr.rr,,u,1;,,i"ot,,riorr srrpplics to ctlstlto viable r[orttcstic artd
rnuu1ci,al ty1,",,r", ^.,rj ," pri-,t".r thc vestccl T/ilrcr rilllrts 0[ trtlters,
IloWevcr, thc Ilttt-srtl spPcnrs <lctcflrtirrccl (cr rulLkc tlrc 25 y"tr coti["''cL 1rclicy t rCality'
i:;;;;i;, tl," ,rccri ioi pt'nty trv tltc Sutc lirrsirtccr is rcqrrirc'd'
.Ilrispolicyt>ccorrtcscl.fcctivcillll]lc([illl.clyarrdcallolllytlcrrrodi.ficdorlr:vo}rcdinrvritjng.
I!1iqv.
t. Walcr Clour[
,I-IrcStatcIl.rrgirrecrl,TitIrrcccpt2.5-yeln-Brtlcauo.ItcclarrurLitlttcotlLrac(sasa.sotlrcc
of ;rug,nrentatillr wfttcr un(i[ .strch ti],rrc ils eflorts to ittcrcasc tlre con(ract lerrgth and/crr
runcwal .lrtiou* a.c succcss['u[. In orrJsr to accci;t srtclt a strPply, a]l tlccrccs for
augrue*t:rii#';il;;;;iii;i, ;tpc of c.tttrnct ntus[ i,clutlc the follorving laugrtagc:
,,,I'hc slrrtc crrgir)ccr shalI curtrriI nll otrL-of-prioriry tli.versioos, llrc dcpletious
f:..ur rvlriclr alr lu)t so rcplaccd as tr-r pr',:vertt i-rrjtrry trr vcstctt wrltcr rigtrls
1,.,.sr,,,t1. to scctjt;rr 37-9241\5(ti), C.R.S, (t990i. lirrrtltcl:, llre a1l1ll-icnrtt' ancl
. l'l-
lhr'i IL) ":l'i tJ.':J:,r rl I t-t rt','t-l ii l''l<ll[;(-l rl-'-'lll
f'OI-ICY NIEIvLOILAI'IDLIt"' 95- I
IiclrrtrarY ?.4, 1995
Sitatc )lngirtt:er'
I . .-
I'agc 2
its nssigns ltndt:mtatttI tlurl Llto lc:tsc srrlrply is only for u 1r'riod of 25 yci\rs ii0(1
iI strclt lsr.sc sloulrl cxplrc, fail ttr bo rr-rrcrvcrl, is tcrnrirliltc(i, or ilrl llte'filativc
riuIfrc.it:^t sour(jc trI lr:1rl;rcr:nlcnt \vatcr is rrot i.rlr:lrrdaJ in tltis dccree by llroPcr
nrr.rcrrr.(ruent Ir.ior to srrr:Ir cx;riratiorr, r:ttt(aihtrerlt 0t' ir.tl ouI of-pritlrity
rtivcr'sions tvill occttr"'
2. Srrb<livir;icrrt Jlcvicvr
lf ir strbcli'isi,rr rc'icw i.s Irc[t.rrc ([rc S(ato J]rrBirrt:cr tlutt PLopor;u; to rlepcrttl tltt t 25-
yuu. Icasc r.rI t]urcart of lleclurrrn(icrrr rv;rlr:r [or its tttlitrrotrtn(it-tn sttltPly, tlle st'Jtc
urrgi:tccr rvilt clca-rly inforrrr thc (-lr.rrrn[y oI Ir-is corl(]gltl ()ve'r Illo suirlrly;rntl staLc' tltnt
1yt1.1lg,\r,0 irccel)t tho srrJrply, it is tlre st;rtc's posi(ion rlrrrt if llre lcasc sltr'rrrkl cxl)il'c'
fail to be ,.,tcivcd, bc tenirirntccl, (.)r rn attcrnnt[ve suificicnt sourcc o[ repLtcctttcut
wrrtcr is n<lt otrtairrcrl prior to cxliiration of (hc lcisc, curttijnrcnt of ali otrltf-llriori[y
divcrsions rvill occur. lirrrlhcrnrtre, a lcgxl cfltity shoulrl bo t:sta.lllisltcxl tt'r re'prcscllt
tlrc lrOltrerl\vllers SttClt a.S ;t t'rlttCt' clistr:icl or ltotltCotVncl li ASSOCiltlitttt'
l)
J.):r(crl thc . .,'f -7'
'' r-lly oI lrclrttti\r Y, 11)!)5
-.18 €
Town of Carbonclale
7(r S<ltrrh 2ntl Sr
003) 961-2137
Carlrtirrrlale, Colorrrclo 8l 627
fAX (303) 961-9t40
.fuly 2L , 19 9 5
Mr. Mark Bean
Garfield County Planning Director
109 8th Street, Suite 303
GI enwood Springs , CO 815 01-
Re: Allen Subdivision
Dear Mark:
Per our discussion of ,Ju1y 20th, 1995, I want to formally inform
you that the Town of Carbondale filed an objection to ttre water
rights applicaEion thaE the Allens submitted because if approved it.
would be detrimental to the Town's adjudicated water rights.
Please conEact me if you need any further information.
Sincerely,
) /)-( C
Mark Chain
Planning Director
MC: nh
e lol.
Jrrly 2.1, 1995
Mr. Mark Rean, County Platttter
(iarfi eltl Corutty Planning Dellat'ttnertt
109 Bth Street, Suite 303
Glenwootl Sllrings, C0, B 160 I
Dear Mr. IJeitrt,
'l'his lcltel is rnn'ittcn hlr ury lvilb's Morurtain Meadows at Prirtce Creek
subrlivisiolr llroposal. We have rrratle tlris llroprerty our ltorne for tr.venty years.
My wi(o has ownerl the llropcrly since 1980. 'flris asset was lraltsleretl solely to
her in orcler to provide fbr lrer neetls and retirernent artd for ottr children's college
edrrcatiorrs. 'l'his
',vas esl)ecially irnportant drre to nty prolession (rnedicine) and to rny
health. 'l'lre lanrl is her lrrain asset. My lrealth hacl beert lloor due to trvo episodes of
nreningitis. I(ecently atlvanoetl rnicrovascrrlar calcification of the brain (flound on MRI)
has Ibrced ury retirernent at age 6 l.
J'lre I)lanniug Coururission nret lor the sketch lllarr review on nry wife's property oll
May 10. We solioiterl inprrt at sketch plau anrl had atlhererl to all of tlreir suggestiotrs at
an approxinritte oost ol'$23,200. ln llarticrrlar we harl rnet with neighbors ancl lrad
resolvetl their coucerls by tlevelolling view;llanes, utovirtg and shrinking lluilding
euvelolles, ltlacing height restrictions on l'our of the seveu lots, artd conlltrning adeqtrate
water. Drrring the prelirninal'y plan hearing on July l2 rnany cornmertted ott ltowwehad
tlorre tlrings ltloperly. llowever, a Conunissiolr nterttber, Jolur Folkrod, stated that he was
oltllosed to the developrnerrt. I le lurther state(l that he harl spoken to olhers "for hout's"
by telelthonc arrtl that orrr'llrojcct was incourllatible witlr the srrrrotutdittgs. WIten it was
exlllainerl tlurt inconrplatibility was not a valirl restraint, aocording to a previous judgment,
il'the oornprrelrensive plan antl srrbrlivision ongoing regrrlatiorts were adltered to, Mr.
liolkrorl relirsctl to ac;linorvletlgc it. llis rnotion to derry srrbseqrrenlly carrierl 4 to 3 with
lro basis exocl)t lor inoorrrllatibility rvith existing larrtl rrses in lhe srrrrourtding
neighborhootl.
Allparerrtly Mr. liollirotl was llrejrrdicetl by statertrents rnade by individuals wlto
<.:hose not to apl)ear at tlre llrrblic hearing. As such, we lratl no chartce to ltear or to
respontl to tlrese orrtsitle oornlllaints. Other neighbors who attended the hearing told us
they rvere slrocherl lly the plrooeetlings antl by the tlecision.
My qrrestious are llrese: l) Can the Plannirrg Cornrnissiou vote by inrpulse and
ignore previotrs tlecisiorrs, the courprehensive plan and subdivision regulations? 2) Can a
nrenrber of'the l)lanning Conrnrission rellresent the interests of llal'ties who elect not to
appear at lhe prrblic hearing'l 3) Wrat does it matter il'one cornplies with every
regulation il'the l)larrning Cournrissiou's decision is irnpulsive and srrtrjective?
COUNry
- e0'
Su[jectively I worrltl like to rliscrrss tlte allltrollriatelless of the strbdivisiorr to tlte
locati6l. I)1virl llicks, rvho recently pltrroltasetl [;litven Cel'ise's lltace, is developilrg six
lorlesites acr'oss orrr 0ollnlon lbnce. We litrtrt ott twettty six acres alld it is sirnllly not
econornic. l;or trventy yetrrs ttre Nieslartilis have plowed artd ltarvested while I lrave
irr-igaterl lur a percentage of the crop. tn the oooasioltal year wltett tltere were tto
llreaktlowls rve llroke even. 'l-hey are tlre exceptiott, ltowever, atrcl rny Scltedule F's
(w5ich I can nrake ava ilable) shorv annual atttl cuttrttlative losses of a few lrttttclred to
several tfiotrs1lrl tlollars. 1'o llrry antl rnairttaill trly owrt plowing and harvesting eqtriprnent
woulrl, ol'course, be irrrpossillle ort a lllace ol'this size.
As I lleolrle oltle r altl corrltl no longer tlo the wrlrli ttty pel'celltage went dowl-
Otrr ctrl.errl agleellelt is t[1t the Nieslaniks receive the entire crop. We cottlilttte 1o Pay
Iilr eler:trioity arrtl lilr any rnajor repairs suclr as [rrokert rrtttlergt'orttrtl lines. John Nieslarlik
is6leol-r1yl}voriteintlivitluals. Ileisalwaystloingsorlretltirtghrothersandlleel
Iilrlulate to have tlris arrangenrent. 'l'he larrrl is and willbe rvell cared for. Losses will,
Irowcvet, ctttttittttc.
On the srrb.iect ol-otlrel ranolring in the area I subrnit tltat ottr subdivision will rnake
little irrrpar:t. 'l'he cilr count orr Corrrtty ltoatl I I I is ortly 360, rntlclt of that is for
recreatinrr. 'l'lrere are only threc "r'tnchers" above rts. T'he Barrs altcl llre Dancigers are
rvealtSy iltliyirltrals that lrave reoently rnovetl into lhe state fi'oltr Oklahorna attd'lexas,
rcsl)eotivoly. 'l'hey are essentially gentlernert I'itttclters, nttlvittg here lilr lhe lile style btrt
1ot rlepentling orr ranching lirr an incottte. 'l'he only otlter raltclter above us is Rich
Mclrrtyre who also apl)alenlty tloes not tlepend olt rartoltirtg lor a living. Other thatt tltese
iurlivirlrrnls lhere is llo olle rauclring above us, so tlte iltrllitct o{-sevett more ltomes would
be negligible.
Wiltlli(i: habitat: As we lrave ttrnred two acres of'allirllir fieltl into lantlscalling we
Save uotetl thc lollowing. 'l'lrere al'e rltore swallows, l'otlitts, lltttltittgs, grosbeaks, bltte
trirds, ap<l tIc suraller varieties cvery year. Allhll'a is stritallle for nesting I'or only
trlackbirds, rrrany ol'rvlriclr are killetl in the Iirst cttt. 'fhe other birds tlse trees as habitat.
We fiave ltlanterl on our lttace ll,l sllluce itttrl asltett, l0 {l'tlit trees altd lT lline aud
oottouwootl. Orlr neighbors are also lllantilrg llutnel'otls trees arttl sltntbs. Vintrally evely
ta;ge trec lrosls one or ll)ot'e lrests. 'l-he tleer ltave noticeably ittcreasetl, browsirlg on otlr
s[1rbs, larvn, ancl trees aller the fields tunt browtt. There appeal's to be a sirnilar itlcrease
i1 r'ar:o6ous, slirrnk, lnip'ulots and srrtalter rotlertts, attd;trestttnably in the ra;ltot's ancl
canrivores that lberl on tlreln. Whether ot'not all of these ct'eattlres are consideretl
"desiratrle", they are native rvildli{i: all(l our type of develollttetrt has hellled rather thart
hrrrl theut. 'l'hings cittt tlttly gel [)etter as trees alttl shrttbs get larger.
'l'[e soil is betttlt' as well. Dig anywhere into nry allalfir fieltl and you will have
rliflioutty lirrtling a single eatlhwor-nr. [u contrast, llty ltottte site soil is rioh witlt thern, attd
all tIe ollror rvolnrs, irlsccts, gnrbs, etc., tltat lbrrttlhe base ol'the fbod chain Ibr all the
-1, l'
a6ove r1e1ti61erl aniprals except cleer. An allirllir field is biologically sterile in
conrparisott.
My wi{'e's lative lanrl, Austria, is largely develolletl irtto imtnactllate one to two
acre louresites rvitfi trees, gartlens, ltedgerows, etc. 't-tte beauty is breathtaking. The
lal4scaped houses, trees, flowers, and gardens add to ratlter than detract fi'orn the view'
'l'6e saure r.vill be tlrre lrere. A lurv sellish ittlerests wlto "got tltere first" will always
protest (until they tleoitle to tlevelop).
Iu srrurnriuy otrr tlevelol)nlent is well tlrotrght ottt, acceptable to the irnrnediate
leiglrbors alrl a tlesirabte use of the lantl. Dentantl is there;forrr of the lots are already
sprike,r ftr,.. liipalcillly rny wil'e neetls to tlo this lbr tlte sake of otlr cltildrett's college
eiltrcations anrl lilr orrr retirenrent. Orrr lirurily trotds the record at I(oadng Fork IIigh
witS six having gone tlrrotrgh all {bur years and gratluated. Next year it will be seven.
We have lratl two or three in college every year since 1981. In 1995-96 there will be two
in college arrrl the year alier that, tlrree, cotrtittuirtg tuttilthe last child graduates in 2001.
We lrave little cloice aborrt tleveloping. I leel, lt{rwever, tltat sevett additional hotnesites
sinrilar to tlroso ol'Cerises, Finleys, Ilrtrersotts, antl IIicks, aswell as orlr own will digrri$r
aurl beautily the area, ntake better trse ol'tlte lantl, itultrove wildlifb conditions, attd
inrpact real l'anoltitrg not at all.
Sincerely,
1t,,1' I t ',,(,11 .t ,\J _ I 4t.l .\,t,
wit'riei:b'. nll;;r, M"D (
/ ea '
July 13, 1995
Mark Bean
Garllelcl County
Iluilcling & l'}lanning
109 - Stlr Street
Glenwoocl Sprirrgs, CO B l60l
Dear Mark:
Attached are copies ol' the conrments I ntade on the Mountain Meadows
Subclivision proposal. I thought you or rnembers o1'the committee (extra copies
attaclrecl lbr tlre conrnrittee) rnight want to review these. I tlrink the cornmittee
rnacle a goocl clccision.
If yotr can think of, ways citizens could assist you ir-r trying to speed up the
cotnprehensive plan process, please let me krrow; I would be glad to volunteer.
Sincerely,
,h7/,8*v{)
Gary I(. Barr
1567 Prince Creel< Roacl
Carbonclale, CO B 1623
(960) 963-B2et
Attachlr-rents
! 23 1'
GtJ:l:ft:i ii GCt (TY
'Io: Carfiekl Countl' I'launirrg Conrrrrissiorrcrs
Fronr. Gary & Nonua Barr( adiacent propcrty orvncrs)
Srrb.lect. Proposcd lvlorurlain lvleadorvs Subdivision ( Allen's)
July 12, 1995
We have the follou'ing concenrs regardirrg this proposed dcvelopmenl:
l. Localiorr of thc (iarfie ld/l'}itkin Corrnty [-inc
Ncither Garfield nor I)itkin Corrnty havc au accrrratc sun,ey or descriplion rvhich indicates where
the Corrnty liue is locatcd. Any litud u'itlrin Pitkin Corrnty cannot bc included in this subdivision. The
knorvrt visibls illdicitlor is a ['itkin (]ounty l-ine sign rvhich is locatcd North of the proposed srrbdivision
and in line rvith the propcrty liucs of tlre cun'enl honrcs. Garfield Coulty does not nrainlaiu County
Road I I I beyortd that sign. Currently lhcy are doing rvork on lhe road frorn Highrvay 133 to the Pitkin
Couuly l-irte sign and uol beyond. Srrrveys and nraps rvhich are available suggest that the County Line is
fartlter norlh lltart is indicatcd on the proposcd subdivision rnap. Further, tax records of the Courties
iudicate tltat thcrc are ll.2 acres in Pitkin Couuly on tvhich Mr Allcn pays taxes. The current plan
shorvs orrly sliglrtly ovcr I I acrcs in Pitkin ('orrnty.
We srrggcst a new sun,ey bc con)plele(l lo confirrn or nrodify lhe localion of the County Line.
2. Walcr
Currcrtily this field is used for agricrrltural purposes. Il has a pressurized irrigation sl,stem rvhich
drarvs rvatcr froru the East Mcsa l)itch. In rronual years the ficld is not \\,alered as frequently as all other
agricultural lartd along Couuly lload I I l. With the addition of 7 landscaped yards and the giving of l{
shares of lhe Easl Mesa Ditch lo the horneowners, Ive are concemed rvilh horv nruch water u,ill be lefl for
llte ficld tvlticlt reluains rutdcvclopcd irr t'}itkin County. To avoid an unketnpt field, we want to make
stre lltat lhis lleld can conlirtrre to be used for inigatcd agricrrltural prrrposes. Are the renraining rvater
rights sulficient'/
l. Wildlife
In tltc spring and lall this is a rnaior rvildlifc arca. It is uot unconllton to see 50 or more deer in
tlte lteld proposed as the subdivision. If this land is developed, this u'iltllife u'ill be forced to the
adjoirring landorvrters tvlto arc conlinuir)8, the agricullural use of tlrc land. This has a negative inrpact
u'hich is nol tliscrrsscd in thc allplication.
{. Fcncing
Coloratlo la*' is tltat lartd orvners rnust flence oul aud the ou'ner of lit,estock is not responsibls for
fencing ilt. Thc currcnl proposctl covenanls provide thal any' fencing ntay ouly be "rvildlife " fencing. It
does not tttertlion the possibilitl of problerrrs if livestock gets it)to tlrc subdir.ision or the obligations of the
Itotlteorvttcrs regitrdirtg ltncirtg. We \\'anl lo insrrre lhal rve and other arljacent landorvners g,ho are
e(-
nlryrirrg liyesrock ryill uol bc fircctl rvith sonrc futrrrc liat-rility' u'hcn orrr livestock suddcrtll"'nrin tlte yards
aud gardcns of this srrbdivisiort.
We rvould like to see a covenanl iu thc IIonre Orvrters Association that the ctlrrent and future
ol\.rrers of tSese lots ackrrorylcdgc thcir otlligations under Colorado larv and rvill rtot pttrsuc the Iivestock
o\vrlers in llrc itrca il an accitlcrll occllrs
5. Traflic
Corrlty Road I I I is a 1an'o1, trvo lane road rvhiclt is already carryiltg lnore traffic than is safe.
This road is used for the nlovcruent of ftrrm rnacltincry and cattlc as rvell as lhe nlaiu road for this entire
arca lo access Iliglnvay 133. lf the IIicks lols and Mortnlain Meadorvs subdilision rvere allorved and
lolres rvere built, rve feel that thc roa{ liour IIiglr*'ay lll to the Pitkin Countl'lirte rvould ltave to be
ilrproved a1d rvi6sncd to bc safe. 'l'hc cost of lhis lo the Cotrnly is not inclrrded in the application.
6. l,and Plarrrting
Curreltly Garliekl Couuty has luany approved pretnattlre or failed srrbdivisions ( Source-
proposetl Garfield Coutrty I-and Plan). 1'hcse preutature subdivisions ltave a nttmber of negative impacts
as iirc outlilrcd i1 the Coguty's rcpon 'l'lrc contirtrrtrtiort of hodgcpodge dcveloprltent lvithottt a
corlprelelsiyo lritsler plan for the County is lotvering the qrrality of life for everyone in llte Cottnty. The
propose6 subdivisiorr adtls to the problcru 'flrere is not ttlarket derttattd for these lots as is evidenced by
i1e IIick's lors rvhich were approved lasl sururuer. Tltcse lots are closerlo ton'n and ltave been on the
rnarkel for otte year rvitltout arty salcs.
T5e proposecl ntaslorplau of thc County calls for 5-10 acre z-oning in tlris area of llte County.
'tlis is nruch nrorc realistic giveu crrrrcrtt lrttttl ttscs, illfraslnlcttlre, and access lo services.
No u6v sgbdivisions shoukl be approved belore the proposed master plan has been debated and
approved by the County. If approvals arc conlinued it will be to late for a plan by the time it is approYed,
tlre danrage rvill havc bcett dotlc.
We are not i1 favor of t[is srrbclivision. We believe it is not in the publics interest alld presellts a number
of problerns. At tlre sarne lirue rve do not believe Dr. Allen sltottld bo denied a metliod to realize tlte
valrrc othis propcrty. 'I'his can bc acconrplished by a syslcnt rvltich allou's dcr'clopmcrtt righls to be
transferre4 ancl sokl. 'l'he Courrty's rnaslcr plan should provide for dcnser developrnent than 2 acre lots in
secliotls of the County rvlrich have the nccessary ittlrastntclrtre and have alreadl' been urbanized.
llorvever, laldorvners in those irreas should not get a u'indfall proht by being allou'ed better zoning.
Tley shoukl only be allou,ed to develop theirproperly if they purchase additional developrnetrt riglrts
frolr larrd o$,1ers suctr as Dr Allen rvhosc land ltas beert "dorvn zoned". This t1'pe of systent is a fair
\vay to dcal ratiouully u,ith tlrc lanrt plirrrnirtg issues attd lartdorvttcrs rigltts.
We ryoultl like to sec the alrylication tlcnictl but Dr. Allcn bc gratllcd ccrtilin dcvcloprncrlt rights rvhiclt
could be trartsfcned lo ollter pitrcels.
e3{-
t
SCIIIiNI(, KIilts'l' & tlcWIN'I'EII, I'.C.
A',t-l oRNliY.s A't t_Aw
sul'l l] 310, 302 lil(;lt1 H s'l Rt)lif
(;t.ltNwoot) sl,l{lN(is, c'ot_()RAlx) 8 I601
'l lil-lil'l loNll; (97o) 915'2{.17
'f lil.ll(l()l'llllt: (910) 915-2911
JOIIN R. SCTITNK
I)AN KI.]RS'I'
Wll.l-tAttl J. dcWlN'l lllt, ltl
Arrgrtst 2, 1995
Mr. Mark Bean
Garl'ield Corrnly l)larrnirrg Dcparlnrent
109 Eighth Strect, Suite 303
Glenwood Springs, CO 81601
Re: Allen/Mountain Meadows at Prince Creek Subdivision
Dear Mr. Bean:
'I-his letter is written on belrall' ol' Anneliese K. Allen for the above referenced
Subclivision application to address (a) tlre current status of a domestic water supply for the
Subclivision, (tr) proposecl conclitions ol approval which were outlined in the Garfield County
Plannirtg Stafl'report rlatetl Jrrly 12, 1995, ancl (c) acltlitional itenrs rrotecl at the hearing before
tlte Plannirtg Cortttnissiort. Mrs. Allen respectlirlly requests this letter be included in theexhibits
to tle consiclerecl by the County Contntissiorrers.
DOMI'STIC WA'I'EIT SUI'PI,Y PI,AN - I,IIGAI, RIGIIT TO DIVERT
An application for un(lerground water rights fbr Mountain Meadows Well No. 1 was filed
withtheWaterCourtasCaseNo.95CW08l.'l-heapplicationwasincludedinthepreliminary
plan clocuments subnritted lbr tlris subclivision. 'l'hat application includes i plan f-
augntelttation of Mountain Meaclows Well No. I by using a previous clecree for water rights for
up to 1.0 acre-f-eet of water secured uncler Mrs. Allen's Contract No. 3.3.5.40 with the Basalt
Water Conservancy District. The report of Orlyn J. Ilell, the Division Engineer, on Mrs.
Allert's water rights application including was positive. His summary of consultation is
enclosed. Only two statentents of opposition were filled in that case one by the Colorado Water
Conservation Boarcl and one by the Town of Carbondale. The Colorado Water Conservation
Board will withclraw its statement of opposition as statecl in the letter enclosed. The attorney
representing the Town of Carbonclale has set forth terms of settlement in the enclosed letter
which are generally acceptable to the applicant. Therefbre an approvecl augmentation plan is
within reach. The application inclucled the Allen Well No. I which has an exempt status.
Pursuant to agreelnent with the E,rnersons and the Finleys that the Allen Well No. I will be
dropped fiont tlte application arrrl it will serve their lots ancl I-ot 8 in Mountain Meadows at
Prince Creek Subdivision rrnder the statutory exemption. 'l-he proposed anrended application
cleleting Allen Well No. I and correcting the legal description of Mountain Meadows Well No.
1 is also enclose<|.
[.\rtN_LNOAt@..-JL-
Gl^fl:ii-iD (XIJt{-iY
CAI, AVAII,AI}II,I'|Y OF PO'TAI}T,E WATIIR
A test well was clrilled on May 9, 1995, to confirm both the quality and the quantity of
water available. 'flre well was drillecl n)ore than 600 feet from all existing wells and some 630
f'eet away the Allen Well No. I wlrich serves the present AIlen honre as well as the Finleys and
tlte Emersons. A copy of the well test concluctecl on May 16, 1995, the engineer's summary and
the water quality test results were subnritted to the County planning staff prior to the Planning
Comnrission hearing. 'l'his well was able to purnp at the rate of 2O g.p.m. for 24 hours at a total
draw down of 8'2". It recoverecl to lhe original water level within 25 minutes after pumping
stopped. Tlre engineers at Schrnueser Gorclon Meyer advise that this well is an excellent
producer and should have rto measurable inrpact on the Allen Well No. l. The 600 foot radius
is a presuntptive statutory stanrlarcl to avoicl nraterial injury. The water tests for quality indicated
the water protlucetl fronr tlris well will r)reet potable clrinking water standards.
r)Rol,osEr) coNI)lllIQNS IN I'IIIOR S'tAFF RIIPORT
Mrs. Allert's response to eacll of the proposed conclitions in advance of the preliminary
plat consitleration by tlre County Conrrnissioners lbllow:
l. All represerttations of the applicant, either within the application or stated at the
public hearings before the Plannirrg Conrmission shall be considered conditions of approval
unless otherwise stated by the Planning Conrnrission.
Ilcsponse: Agrecrl.
2. All proposecl utilities shall be located underground. All necessary appurtenances
for irttlividual service connection shall be provided by the developer. Utility facilities shall be
included in tlre Sutrdivisiorr Irnprovernents Agreentent.
Responsc: Agrccrl. Scc l)r.otective Covennnts $ 3.8.
3. 1'he applicant shall establish a l{omeowner's Association. The Homeowner's
Associatiorr shall be incorporated in accortlance with the Coloraclo Reviseci Statutes. The
protective covenants, articles ol'incorporation, ancl other Florneowner's Association documents
incltrding by-laws will be subnritted firr review by the County Attorney prior to the approval of
the Final Plat.
Ilespottse: Agrcctl. 'l'he Mountain Mctdows at Prince Creek Ifomeorvner's
Associatiotr tvas accepterl l'or incorporntion lly (he Colorado Secrelary of State on February
27, 1995. Proteclive coveltartts, arliclcs of incorporalion, and by-lalvs are already
subnritted.
4. 'lhe water allocation contract shall be transferred from the developer to the
Honreowner's Association. 'l'he I{onreowner's Association shall enforce incliviclual compliance
throtrgh covenants. Irurther, Llrat tlre protective covenants contain language recommended by the
Division of Waler Ilesources regaruling the acceptance of a 2-5 year cor)tract lor a water
augmentation supply.
It)*r\aLLbMOAt@ a
Augrrst 2, 1995
Page -3-
Reslronsc: Agrced. Scc Proleclivc Covenants $$ 3.2,3.4, and 3.5. Inasmuch as
Mrs. Allen holds an exisling "Ilountl One" contract with 'fhe Rasalt Water Conservancy
District, the tlrird serrtcnce of this corrdilion ought rrot apply.
5. Tlre applicant shall pay $200.00 per lot in Sclrool Impact Fees prior to the
approval of the Final Plat.
Response: Agreed.
6. Tlre restrictivc covenants shall provide tlrat there will be no resubdivision of the
lots.
Ilcsponsc: Agrccrl. Scc I)r'olcclivc Covcrrants $ 8.2.
7. Prior to the subrnittal of the Final Plat, the applicant shall provide adequate
written verification from the Division of Water Resources documenting approval of the domestic
water supply and comply with any recon'lmenclations made by the Division.
Response: Agrccrl.
8. The applicant shall provide a 16,000 gallon water storage tank per the request of
the Carbondale and Rural Itrire Protection District for t-ire protection as a part of the submittal
of a Final Plat and pay $232.00 per dwelling to the District prior to submittal of a Final Plat.
Ilesponsc: Agreed.
9. All roads including the proposed cul-cle-sac shall be designed and constructed in
aciordance with niinimum County stalrdarcls.
Respo:rsc: Agreetl.
10. Tlre applicants slrall submit irnprovement plans for all roads, bridges, utilities and
drainage structures prior to approval oi a F'inal Plat.
Response: Agrecrl.
I l. The applicant slrall clemonstrate that procedures are established for the
nraintenance ol'all lrridges, roaclways, etc., including snow renroval, through the Homeowner's
Association.
Ilesponse: Agreerl. Sce I)r'otective Covenants g 3.6.
12. The applicants shall provide a modified water allocation contract from the Basalt
Water Conservancy District to provicle adequate water to accomltloclate the lack of recharge for
ti\lltuLLNoat@.a 2 ?t'
Augtrst 2, 1995
Page -4-
non-clischarging wastewater systenrs prior to review by the BOCC if no modification to
contract is ieqirirecl, then the applicant shall provicle strpporting docunrentation prior to
preliminary plan review by the Iloard o[ County Commissioners.
Respolsc: All rvlste rvater lreatrnent systcrns rvill be discharging and no
modifications irr the conlract rvith The Rasalt Watcr Conservatrcy District would be
requirctt. 'l'htrs this conditiolt ouglll ltot lle reqtrired.
13. That the Final Plat lor tlte Subdivision include the following:
a. A legal rlescription oI the Carfielcl/l'itkin County botrndary line that is
approverl by tlre County Sttrveyor.
Resportsc: Agrccd.
b. 'fhat the followirlg plat notes be incltrded on the plat:
i. Tlre state engineer shall curtail all out-of-priority diversions, the
depletions from which are not so replaced as to prevent injury to vested water
rights pursuant ro secrion 37-92-305(8), C.R.S. (1990). Furtlrer, the applicant
an6 its assigrrs unclerstarrd that the lease supply is only for a period of 25 years
ancl il srrcfi letise slrould expire, l'ail to be renewecl, is terminated, or an
alternative sul'llcient source of replacernertt water is not included in this decree
by proper anrendrnent prior to such expiration, cttrtailntent of all otrt-of-priority
cliversions will occtrr.
. Response: Irrasnurch as Mrs. Allen lrokls an existing t'RotlIrd One" contract with
TIie Basalt Water Cnttscrvntrcy Dislrict, this plat note rvotlld not apply.
ii. 'l'lre approval of this sutrtlivision action by Garfield County will,
in no way, obligate I'}itkin County to approve any buikling permits without
compliance with the appropriate Pitkin Cotrnty l-and Use Code requirements and
procetlures.
Response: Agreerl.
POSSIRI,Ii ADDITIONAI. CONDITIONS
Certairr aclditional issues were raised at the Planning Commission hearing which may be
addressecl. Wood burning fireplace restrictions niay addecl as a plat note on the Final Plat as
was required of l'he Ceclars Subrlivision. Any other "typical" plat notes which have been
required of other recellt subdivisions coulil also be inclucled as appropriate.
the
the
tli\lrsullNGto r ? e?,
Augrrst 2, 1995
Page -5-
We woulcl be pleasecl to furnish any aclclitional information or clarify any point which
may not have been unclear. I will be out of my office until Monday morning but will respond
at that tirtre to any reqttest. Thank Yotr.
N
i\
Yours ver
JRS/sn
cc: Dr. & Mrs. Wilmer C. Allen
Debbie Dtrley
llobert Il. I}uerson, Ilsc1.
tn.
o 3Oo
SIATE OF COLOIUDO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Offuce o[ the Stare Engrneer
Depanment of Natural Resources
50611 U.5. Hwy 6 & 2{
P O. Box 196
Clenrvrod Springs. CO 8.1 602
Phonc' t l0l) 94 5'5665
FAX (l0ti 9.15-87{ l
cOIPY
REPORT OF TEE DIVISTON E}IGTNE!,:P.
SUI{I,IARY OF CONSIILTATION
CASE NO.: 95CW0B1
APPLICANT(S): Annaliese K Allen
APPLICATION FOR: Underground Water RighL, Change ofApproval of PIan for Augmentation
STRUCTURE(S): Mountain Meadows WeIl No 1; Al_Ien We]I
Rov Rontcr
Ct'vcrnor
lame, 5. Lrrhhc.rrl
Ixt'cutrve Direclor
Hrl D. Simpson
5tatc Ingrnetr
Orlvn l. Bell
Division I ngrnccr
Water Rights,
No 1; Basalt Conduit
19 95 , a t.rue
was deposited
COM}IENTS
(A) Applicant must supply the Water CourL with permiLs or denials forboth wells. The original exempt, Permit No. 80997 must be revoked and anew application submiIEed for a non-exempt permit. pursuant, Eo Ehisproposed water right.
(B) While the wells are in Area B of the Basalt cont,racting areas, ourfield inspecEion indicaEed No possible interference wiLh calling righrson t.he Crystal River. Applicant should address this as well as thepoLential for 1ag t,ime effects of well- pumping.
When L.hese Itrems (A) and (B) are provided Eo Ehe Court, Lhe appf icaEionshould be ripe for ruling.
DATE Z I /T3 /95 SIGNED:
OrIyn Bel-I,Division Bngineer
C.R.,9- 7973, 537-92-302 (4) , signed into Tatt May 77, 7988, provides t.hatEhe appficant or hrs attorney shaL-7. maiL or del-iver a -copy of thrsconsu-Ltation to al1 partles of record who fiLed a Statement o{bppositionto thrs appTication, if any, and the statute aTso requires-Lnat theappficant or hrs a ttorney shaTl fil-e a certification of mailing with theWater CTerk of Division 5 if thrs consul-tation js naiTed to opposingparties.
CERTIFICATE OF MATLING
I hereby certify that. on Ehis /4/d day of JuIy ,and correct copy of Ehis REPORT oF THE DrvrsroN ENGTNEERin E.he U. S . Mait , posEage prepaid, addressed E,o :
JOHN R SCHENK
SCHENK KERST C dCWINTER
ATTORNEYS FOR APPLICANT
302 EIGHTH ST STE 310
GLENWOOD SPRINGS CO 81501
,2 3t'
STAIE OF COLORADO
Qolorado watercoffi
Department ol' Natural tt"ro,,i..i-
721 State Centennial Iluiltlrug
l3l3 Strcmran Streer
f)cnver, Colorado 80201
Plrone (303) 866-344 I
FAX (303) 866.44 /4
eo,pv
Roy llomer
Covenror
Iamcs S. l,rchhead
Exccutivc Dircctor, DNR
Darics C. Lilc. P.E.
Dirccurr, C'WCB
July 26, 1995
Anneliese K. Allen
l2l5 County Road lll
Carbondale, CO 81621
RII: Case No. 5-95CWOg l; Allen
Dear Applicant:
The Colorado water Conservation Board at its July 24, lgg5,meeting instructed the StateAttorney General's office to withclraw the Statement of bpposition filed on the Board,s behalfin case No' 5-95cw081. As defined in section 9.30 of rhe "Rules and Regulations concemingthe colorado Instrearn Flow and Natural Lake Level Program", the change of water right andplan fbr augrlentation proposed in this application ..pr.r.i,, a deminimis impact to the Board,sCrystal River instream flow water right.
Feel free to contact Greg Espegren of my staff, or me at g66-3441 if you have anyquestions regarcling the Board's decision.
Sincerely,
L, n'-"t*"t-'
Dan Merrirnan, Chief
Water Rights Investigations
Section
cc: Patrick Il. Kowaleski
John R. Schenk
DCM/GDI]
595CW08 t For_
c 3Zo
^e
DAVID \v ROBI]TNS
ROBERT F. IIILI-
Dts]NNIS NI. NIOMTCOTTIjIIY
KA}IEN A.'IOTII]
RONALD L. \vII-(jOX
JOIIN TI. IiVANS
Ni.{RK J. W,{ONIiR
JEFF'REY T'. IIAII
ANNIa I(. L^lUIn'A
I hrl & RosnNs, P. C.
AT'IDRNE\€ AT I..A\v
IOO I]I..,\I(E STITEET I]UILDING
I4.TI EIGI I'IEENTII STREET
DIiNvEli, col-onADo ao202 - r256
July 27, 7995
// \,,-.::' -,'', '1,t-))fDn- TELEPH.NELJ I,/- u 3o3 2s&aroo
TELECOPIER
303 29A.2388
John R. Schenk, Esq.
Schenk, Kerst & deWinter, P.C.
Suite 310
302 Eighth Street
Glenwood Springs, Colorado 81601
Re: Application of Annaliese IL Allen
Case No.95-CW-081
Water Division No. 5
Dear Joltn:
As yop requested, I am enclosing a copy of the Town of Carbondale's ("Town")
clecree in Case No. 88-CW-421. 'I'he terms and conditions required in the Town's
stipulation with the Colorado Water Conservation Board ("CWCB") protective of the in-
stream flows on the Roaring Fork and Crystal Rivers are contained in paragraph 16.C. on
pages 16 and 77 of the deciee. As you will note, paragraph 16.C.(2) requires curtailment
tf -rliuersions by exchange of the Town's senior water rights at alternate points of diversion
on Nettle Creek any time the CWCB and the Division of Water Resources determine that
the stream flow in the Crystal River is not sufficient to satisfy tlie in-stream flow rights
decreecl to the CWCB in Case Nos. W-2720 or W-2721-
In orcler to prevent injury to the Town's water rights and water interests, I believe
it will be necessary for any decree entered in this case to be very clear that the plan for
augmentation involves a release of augmentation water from Ruedi Reservoir which
simultaneously replaces out-of-priority depletions, by exchange, attributable to use of the
Allen No. 1 Well; and that the priority date of that exchange is junior, both to the minimum
stream flows decreetl to the Crystal River in Case Nos. W-2720 and W-2121, and the Town's
excftanges decreed in Case No. 88-CW-421. In that regard, I would suggest that your
proposed decree include the following provisions:
l. The plan for augmentation decreed herein involves an
appropriative right of exchange of water released from Ruedi
33-
John R. Schenk
lvly 27, 7995
Page 2
llrr-r- & RoeerNrs. P.C.
Reservoir pursuant to a contract with the Basalt Water
Conservancy District up the Crystal River at its confluence with
tlre Roaring Fork River and up Creek, a tributary of
the Crystal River, to the Allen Well No. 1, which is constructed
in the alluvium of Creek.
2. The appropriative right of exchange decreed herein shall
have a common apprtlpriation and priority date of April 27,
1995, ancl shall be adrninistered as junior to all conditional
water rights decreecl based on applications filed in any previous
calendar year, including, but without limitation, the in-stream
flow water rights decreed to the Crystal River in Case Nos. W-
2't20 ancl W-2121 and the appropriative rights of exchange
decreed in Case No. B8-CW-421.
3. The rate of exchange decreed herein is c.f.s. up to
a maximum annual volume of 0.4 acre-feet per year.
4. The exchange decreed herein shall operate only when
operation thereof does not recluce the water available to senior
water rights diverting below the confluence of Creek
and the Crystal River, inclucling, but without limitation, senior
water rights owned by the Town of Carbondale.
5. The exchange decreed herein shall also be subject to the
following adclitional conditions:
A. Water must be physically available for release
from Ruedi Reservoir ancl physically available for diversion at
the Allen Well No. 1.
B. The amount of depletion attributable to use of
the Allen Well No. 1 may never be greater than the amount of
water at the confluence of the Roaring Fork and the Crystal
ILivers attributable to release from Ruedi Reservoir pursuant to
the Applicant's contract with the Basalt Water Conservanry
District, or may not be greater than the amount of water legally
and physically available to the exchanged water rights
attributable to the Applicant's Basalt Water Conservanry
D 3r/.
John R. Schenk
July 21,1995
Page 3
IIrr.r- & Ror:erNs, P.C.
District contract.
C. All priorities having a diversion on the Crystal
River upstream of its confluence with the Roaring Fork River,
which are senior to the exchange decreed herein, must be
satisfied either with the remaining flows, subject to their call, or
from another source of water supplied by the Applicant which
is satisfactory to the State Engineer and the Objector in this
case. Applicant will notify the Objector within one (1) week if
such replacement water is used, with the State Engineer's
approval. Within thirty (30) days after such notification, the
Ol>jector may invoke the retained jurisdiction of this Court if it
objects to the use of such replacement water.
D.
exchange.
A live stream must exist between the points of
E. The Applicant must bear such stream losses as
may be lawfully assessed by the Division Engineer or his
designated representative.
F. The Applicant shall notiry the Division Engineer
or his designated representative prior to commencing operation
of any exchange pursuant to this Decree,
G. Accounting records shall be completed monthly
on a form acceptable to the Division Engineer showing the
information necessary to evaluate compliance with this decree.
Summaries of such recorcls shall be fttrnished annually to the
Division Engineer or on a more frequent basis if he requires.
H. The Applicant shall install and maintain such
measuring devices or structures as may be required by the
Division Engineer in order to administer this decree.
I. If and to the extent that augmentation or
replacement water is not provided in the manner and in the
amounts required by this decree, cliversions of the Allen Well
e 3S'
No. 1 will be subject to administration and curtailment by the
State Engineer.
I would appreciate it if you would review the above terms and conditions, and if they are
acceptabli to you, incluie them in any proposed decree that you may draft'
As we discussed, there may tle other issues involved in this case that we will have to
resolve; suc5 as your requested change of the point of tliversion for the Basalt Conduit'
I lowever, I believe the above language"will acleqirately resolve the Town's concerns with the
exchange component of this case.
If yog Save any questions or wish to cliscuss this further, please do not hesitate to
contact me.
John R. Schenk
July 27,1995
Page 4
MJw/jlv
Enclosure
cc: Robert B. Emerson, Esq.
I-lrr.r- & RosnrNs, P.C.
very
(w/o Enclosure)
?3b-
t
(i'.' -=';
DISTRICT couRT, *ATITR DIVISI.N No. 5, coLoRADo "--''t-,i1py,
Case No. 95 CW 081
AMENDED APPLICATION ITOII UNDERGROUND WATER RIG}ITS, FOR CHANGE OF
WATER ITIGII'fS AND FOR APPROVAL OF PLAN FOR AUGMENTATION
CONCERNING 'fIIE APPLICATION FOR WA'TER RIGI{TS OF:
ANNELIESI] K. AI-LEN,
IN GARIIIELD COUNTY, COI-ORADO.
l.Name, address and telephone number of Applicant:
Anneliese K. Allen
1215 County Road I I I
Carbondale, CO 81623
7o John R. Schenk
Schenk, Kerst & deWinter, P.C.
302 Eighth Srreer, Suite 310
Glenwood Springs, CO 81601
(910) 945-2447
ON IIO I]RGRO
2.
J.
4.
5.
A well located in Lot 4 of Section r4, Township 8 Sourh, Range gg westof the Sixth Principal Meridian, at a point whence a brass cip witness
corner bearing N. 00"08'29" w. 21 .lB leet to the Section corner common
to Sections 10, ll, 14 and 15 of said'forvnship ancl Range bears N.
76"55'25" W. a disrance ol' I157.19 f'eet.
Name of Well: Mountain
I-egal clescription ol Wcll:
Sorrrce:
Depth:
Date of appropriation:
f)ate water applied to beneficial use:
IIow appropriation rvas initiatecl:
Meadows Well No. l.
Groundwater tributary to the Crystal River.
250 Ireet
RIGI
April 20, 1995
N/A
Survey and formulation of intent
appropriate water.
I]IRSI'CI-AIM
? 7l-l
to
6. Amount claimed: 10 g.p.m., conditional.
1. [Jse or proposecl use: Dornestic in-house use only.
8. l-cgal clescription of land to be benefite<l:
A parcel of lancl situated in l-ots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 west of the Sixth principal
Meridian, more particularly clescribed as follows:
Beginning at a point front which the brass cap witness corner set for the
southwest corner of Section 1l of said Township and Range bears S. 58o36'04"
W. 869.15 f'eet distant; thence along a fence line the following two (2) courses:
(1)
(2)
N. 88 " 12',03 " Il. I 73 .07 l'eet
N. 89'35'12" lL. 120.63 leet
to the intersection with a north soutll fence line; thence S. 01"45'40" 8.231.44
feet along saicl f'ence line to an intersection with an east west fence line; thence
N. 88"16'41" E.139.99 t'eet along said f'ence line; thence S. 02"41'45" E.
530.78 l'eet to a point on the county line between Garfield County and Pitkin
county; thence N. 90"00'00" w. 1434.55 feet along said county line to a point
on a north south f'ence line; thence along said fence Iine the fbllowing five (5)
courses:
(l)
(2)
(3)
(4)
(5)
N. 19"44',O1"
N. 06009'31"
N.09"29'08"
N.38"25',59"
N. 30'17',23"
Il. 99.39 fect
11.74.87 l'eet
lr. 163.04 f'eet
ll. 3l I .83 fuct
la. 137 .J2 l'eet
to tlre poirtt of beginning. Said parcel of land contains 11.893 acres, more or less.
COIJN'|Y OF GATTIIIEI-D
STATE OF COLORADO
The lancl to be benel'ited inclucles the property designated lbr inclusion in the Mountain
Meadows at l)r'ince Creek .Subclivision, except for the portion to be known as Lot 8.
9. Narne and Aildress of owner of land on which well is locatecl:
Anneliese K. Allen
l2l5 County Road 111
Carbondale, CO 81623
ll UtSL^llrl\w^ lil \lttr o 3t',
mtlnicipill, dontestic, industrial, piscatorial ancl stock water uses. Subsequently, in Case
No. W-789-76, Water Division No. 5, the amount of water decreed to Ruecli Reservoir
was reducecl ftorn 140,697.3 acre-f'eet to 102,369 acre-feet.
e. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project,
originally authorized for construction by tlie Act of August 16, 1962 (76 Stat. 389) as
amended by the Act of October 21, 1974 (88 Stat. 1496) and the Act of November 3,
1978(929tat.2492) insubstantial accordancewithlfouseDoc. No. 18783dCong., lst
Sess., as modified by Irlouse Doc. 353, 86th Cong.2nd Sess., and is subject to rhe
Operating Principles for the Fryingpan-Arkansas Project as set forth in Ifouse Doc. 130,
87th Cong., lst Sess.
15. Statenient of plan fbr augnrentation, covering all applicable matters under C.R.S.
37-92- 103(9) , 37-92-302(1) ancl (2) and 37-92-305(8).
a. Applicant is the owner ol'land described as fbllows:
A parcel of land situated in Lots 8 and 9 of Section i 1 and in Lots 3 and
4 ol'Section 14, all in Township 8 South, Range 88 West of the Sixth
Principal Meridian, more particularly described as fbllows:
Ileginning at a point fronr which the brass cap witness corner set for the
sorrthwest corner of Section ll of saicl'fownship and Range bears S.
58"36'04" W. 869.15 f'eet distant; thence along a fence line the following
two (2) courses:
88"12'03" Il. 173.07 f'eet
89'35'12" E. 120.63 f'eet
to the intersection with a north south f'ence line; thence S. 0l'45'40" E.
231.44 f-eet along said l'ence Iine to an intersection with an east west fence
lirre; thence N. 88"16'41" 8.139.99 f'eet along said f'ence line; thence S.
02"41'45" E. 530.78 f'eet to a point on the county line between Garfield
County ancl Pitkin County; thence N. 90"00'00" W. 1434.55 feet along
said county line to a point on a north south f'ence line; thence along said
f'ence line the tbllorving five (5) courses:
(t) N.(2) N.
(l)
(2)
(3)
(4)
(5)
N. l9'44',O1" Il. gg.3g leet
N. 06'09',31" Ll.. 14.97 f-eet
N. 09"29'08" Il. 163.04 f'eet
N. 38"25'59" E. 371.83 feet
N. 30"1J'23" '8. 137.72 feet
to tlre point of beginning. Said parcel of lancl
less.
COUNTY OI] GARIIII]LD
S]'ATE OII COLORADO
I uts\^trl]\w ia AAilr _clO u
contains 17.893 acres, more or
.l'l
. . b, Applicant intends to subclivirle Applicant's property in Garfield Counry anddescribed in paragraph 26(a) above into eighr (Sj tots for iigfrt (8) single-family rtwellingttnits to be known as Mountain Meadows at Prince Creek. -Lot
8 of MountainMeadowsat Prince Creek will be exclusivety connectecl to Allen Well No. I (permit No. g0997)
and will not be connected to Mountain Meadows Well No. l. Lots l through 7,Mountain Meadows at Prince Creek, will be served exclusively by Mountain MeadowsWell No. I ancl will ltot be connected to Allen Well No. 1. There will be no connections
between tlte two wells.
c. Each of the eight (8) Lots in Mountain Meaclows at Prince Creek will havethe equivalent of two (2) shares in the East Mesa Water Cornpany for use in inigatingtlte lanclscaping, foliage, gardens ancl meeting other outsicle wot..-..quirements on eachsttclt parcel. Tlte prtlportionate shares in the East Mesa Water Company will be leld forthe benefit of each lot owner by the Mountain Meadows at Prince Crlek I{omeownersAssociation, a Colorado nortprol'it corporation. 'lherelore, due to ample surfaceirrig;tticln water rigltts, no outsicle irrigation will be necessary or permittecl fromMountain Meadows Well No. l.
d. The domestic in-house neecls of each dwelling unit will be senred by thelvlountain Meadows Well No. 1, which will be augmentecl with water from RueriiReservoir' Each of the seven (7) parcels will have o nn. single-family unir with an
assumecl demand of 4 people per unit at 80 gallons per capita pir day (in-house only).Applicant anticipates that wastewater treatment ancl cLisposal will be by septic tank/leachfield systems with an estimatecl consumptive use of fifteen percent (15%) in the in-housediversions. The total annual cliversions are estimatecl to be 2.635 acre-feet with acon.sumptive use of 0.395 acre-f'eet per year. Table I is an engineering analysis anache4hereto and incorporated trerein by ref'erence, which presents the domestic iequirementsfbr the seven (7) dwellings.
e. Transit losses between the outlet of the Ruedi Reservoir and the point ofdepletion are estimated to be five percent (5%) of the potential annual augmentationrequirements. Depletions from the Mountain Meaclows Well No. I and itten WellNo. I will affect tlre Roaring Irork River throughout the year. Although the MountainMeadows Well No. 1 and Allen Well No. I water rights would be iri priority duringportions of the year, the Applicant plans to provide augmenterl *at.i out of RuediReservoir to cover one ltundrecl percent (l\O%i of the -oiirnurn annual depletions dueto the diversions of' the well to adecluately protect downstream vestecl water rights.
Releases will be macle from the Ruedi Reseivoir pursuant to its contract with the BasaltWater Conservallcy District, in amounts equal ro the uu,-o1'-priority stream depletionassociatecl with diversions uncler saitl water rights or as ,tir..t.,t by the DivisionEngineer.
16. Name and adclress of owner
name ancl address is as stltecl in paragl.aph
land ownecl by the Unitecl States Bureau of
Billings, Monrana, 59 107.
of land on rvhich strucfures are located: Applicant's
1 above, excepr Ruecli Reservoir which is lotated on
Iteclarnation, Great Plains Region, p.O. Box 36900,
- (l-'
,.
17. The Applicant will submit a well permit application for Mountain Meadows Well
No. 1 to the State Engineer's Office for the well as applied for in this application. The well
permit or denial of well permit will be filed with this Courr before entry of decree.
WHEREFORE, Applicant respectfully requests the Court to enter a decree awarding the
Underground Water Rights set forth in the First Claim, the Application for Change of Water
Rights as set forth in the Second Claim and approving the Plan for Augmentation set forth in
the Third Claim for Relief.
DATED this day of , 1995.
SCHENK, KERST & deWINTER, P.C.
John R. Schenk - #7788
Attorneys for Applicant
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
Telephone: (970) 945-2447
By:
Name and Address of Applicant:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
YERIFICATION
I, Anneliese K. Allen stated under oath that I have read this Amended Application for
Underground Water Rights, for Change of Water Rights and for Approval of Plan for
Augmentation and verify its consents.
Anneliese K. Allen
Subscribed and sworn to before me this
1995, by Anneliese K. Allen.
WITNESS my hand and official seal.
My commission expires:
day of
6
Notary Public
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RECgRDED {:32 0'iL!CKP.r.r. R:C ! 4644U9
1g110199{ HILTJR:D AL5i,rCRFr iAPFiaL0 C0UtlTl uLr,ir
\ when the following proceedings, arnong others were had and done, to-wit;
STATE OF COLORADO
County of Garfield
At a reqular meeting of the Board of County Comrnissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs eo Monday , 6" 6th of June A.D. 19-21-, there were present:
Eh,er (Buckev) Arbaney , Commissioner Chairman
Arnold L. llacklev Commis.sioner
Commissioner
County Attorney
Clerk of the Board
County fldminis112191
Marian I. Smith
Don DeFord
)
)ss
)
ltildred Alsdorf
Chuck Deschenes
RESOLUTION NO. e4-o63
A RESOLUTION CONCERNED WITH THE APPROVAI OF A PRELIMINARY PLAN FOR
PRINCE CREEK ESTATES.
WHEREAS, DAVID HICKS has filed an application with the Board of County
Commissioners of Garheld County for approval of a Preliminary Plan for Prince Creek Estates:
WHEREAS, the Garfield County Planning Commission reviewed the Princr Creek Estates
application and recommended approval to the Board of County Commissioners;
WHEREAS, based on the material submitted by the applicant, the recommendation of t-he
Planning Comm.ission and the comments of the Garfield County Planning Department, rhiq Board
hnds as follows:
l.That proper publication, public notice and posting was provided as required by law for
the hearings before the Planning Commission and Board of County Commissioners.
That the hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard at that hearings.
That the Garfield County Planning Commission recommended approval of the
Preliminary Plan.
That the proposed subdivision of land is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated area ol the County.
.,
3.
4.
.a
son,0905r,r'480
That all data, surveys, analyses, studies, ptans and designs as required by the state ot
colorado and Garfield County have been submitted, reviewed, and found to meet all
sound planning and engineering requirements of the Garlield county Subd.ivision
Regulations.
That the proposed subdivision of land conforms to the Garfield county Zoung
Resolution.
8. That for the above-stated and other reasons, the proposed PUD is in the best interest
ofthe health, safety, morals, convenience, order, prosperity and welfare oIthe citizens
of Garfield County.
NOW' THEREFORE, BE ff RESOLVED that the Preliminary Plan of Prince Creek Estates
for the following described unincorporated area of Garfield County be approved with the following
conditions:
l. All representations otthe applicant, either within the application or stated at tbe public
hearing with the Planning Commission, be considered conditions of approval.
2. The applicants shall establish a Homeowners Association and shall be incorporated in
accordance with the requirements of Colorado Revised Statutes. The Homeowner's
Association shall be responsible for the Basalt Water Conservation District water
contract, well maintenance, road maintenance and snow removal. The articles of
incorporation and restrictive covenauts shall be reviewed by County Staffprior to the
approval ofa Final plat.
3- The applicants shall prepare and submit a Subdivision lmprovements Agreement,
addressing all improvements, prior to recording a final plat.
4. The applicants shall submit improvement plans for all road, drainage and utility
improvements prior to the approval of a linal plat.
5. All utilities shail be placed underground.
6. AJI cut slopes created during construction shall be revegetated with native grasses rsing
certified weed-free seed, and monitored for two years. Security will be in piace through
the Subdivision lmprovement Agreement to ensure survival.
7 . The applicants shall pay $200 per lot in school impact fees prior to approval of the hnal
plat.
8' All roadways shall be designed and constructed in conformance with design standards
set forth in the Subdivision Regulations and in place at the time of hnal plat- A
driveway permit will be required from Road and Bridge Department.
9' only one (l) dog will be allowed for each dwelling unit to protect adjac€nt agricultural
uses and wildlife. Kennels shall be installed prior to a certificate of occupancy, and
language ensuring compliance shall be enforced through the covenants. Dogs sha1 be
leashed or kenneled at all times.
10. well Permit #105764 shall be amended, consistent with comments from rhe state
Engineer's Ofllce, to allow lor three (3) dwelling units.
tt-"
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Easements for waterlines shall appear on the Fioal plat, and the well permits shall be
transferred to the Homeowners fusociation.
All security lighting shall be shielded, and directed dounward.
Any future development of the 109 acre parcel on the site will require a tie-in to a
central sewer system.
Dog restrictions, requiring a fining system eoforced by the HoA, shall be included
within the covenants.
The Fire District shall submit a letter of approval prior to Final plat.
Each homeowner is responsible for weed control.
well number 105764 shall be relocated to Lot 3 & 4 on the north side of the propeny.
Evidence of relocation shall be shown on the well permit location data, and submirred
to the Garfield County Planning Departrnent prior to Final plat.
12.
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ATTEST:
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Datedthis 6 l"aur$ j4r-.,-e- ,A.D.Dq+ .
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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Chairmau J ,,:
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Eh:er (Buckey) Arbaney
Arnold L. llackley
IlarLan I. Smith
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SUBDIVI S TON IMPROVEMENT AGREEI''ENT
THrs AGREEMENT is made and entered into *is ,fp[day ofAugust, 1994, between David Hicks and Connie Hicks,- (Owner), andthe BOARD Of COITNfY COMMISSIONERS OE GAREIELD COUNTY, COLORADO,
(County) '
.. W I T N E S S E T H:
\ .- WHEREAS, Owner is the owner of certain real property locatedin Garfield County, Colorado, more particularJ.y described in thefinal plat for Prince Creek Estates, which is filed on even datehereof and the description of which is set forth in Exhibit A
attached hereto and nade a part hereof by reference (Subdivision);
and
W'HEREAS, as a condition of approval of the Final Plat and asreguired by the laws of the State of Colorado, the owner wishes toenter into this Subdivision Improvements Agreement with the Count.y;
and
WHEREAS, the County has required and the Owner has agreed toprovide security or collateral sufficient in Ehe judgment of the
County to make reasonable provision for completion of cert.ainpublic improvements required to be installed in the Subdivision as- set forth in Resolution No. 94-063, recorded in the office of the
. Clerk and Recorder of Garfield- County, Colorado, as Reception No.tU+Yra in Book 7OS ^t paqe177; and
IIHEREAS, Owner has aqreed to execute and deliver a letter ofcredit to the County to secure and guarantee its performance ofthis Agreement and has agreed to certain restrictions regarding the
issuance of building permits and certificates of occupancy within' the Subdivision, a1l as more fu1ly set forth hereinafter.
NOW, THEREFORE, EOR AI.ID IN CONSTDERATION OF TIIE PREMISES AND
THE EOLLOWING MUTUAI, COVENANTS A}ID AGR.EEMENTS, THE PARTIES HEREBY
AGREE AS FOLI'WS:
1. OI'INER'S PERFOR!'IANCE. Owner has constructed and
installed, or will cause to be constructed and installed at its
sole expense those improvements required through approval of thePreliminary Plan in Resolution No. 94-063. The improvements
required therein will be completed on or before AugusE 1st, 1995 in
compliance with the following:
A. A11 plat documents submitted prior to or at the time of
the Einal Plat approval including approved as-built drawings of all
lmprovements completed prior to execuE.ion of this Agreement, which
are incorporated herein by reference and made a part of this
Agreement.
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. B. Al1 requirements of Resorution No. 94-063, including arJ.requirement.s of the Garfierd county Zoning code and the carfierdCounty Subdivision Regulations.
C. All laws of the United States, the St.ate of Colorado,the county of Garfield and its vari.ous agrencies and affectedspecial districts.
D. Such other designs, maps, specifications, sketches andother materials submitted to and approved by .ny oi the abovestated governmental entities.
The county agrees that if arr approvements are instarled inaccordance with this Agreement, Fj_nal plat documents, thereguirements of the preliminary p1an, then the owner shall bedeemed to have satisfied alr terms and conditions of zoningr,subdivision, resolutions and regulations of Garfield County.
2. sEcuRrry FoR rMpRovEMENTs. on or before the date of therecording of the Finar Prat with the clerk and Recorder, the ownershall deliver a letter of credit which is acceptable to t,he countyin the amount of the improvements for the subdivision orimprovements that. have not yet been completed. Those improvements,together with the cost as certified by a licensed engineer areattached hereto as Exhibit B. The retter of credit !tat1 ue issuedby a state or national banking i-nstitution in a form acceptable tothe county, and from an institution that i.s }icensed to dt businessin the State of Colorado. Certification of completion ofimprovements must be.submitted by a licensed or registeredengineer. such certification shalr certify that tf,e irnprovementshave been constructed in accordance vrith the reguirenents of thisAgrreement, incJ.uding alI Final plats, and plans, and shall bestamped by said professional engS.neer.
The letter of credit set forth herein nust be valid for arninimum of ninety (90) days beyond the compretion date for theimprovements set forth herein. Any extension of the time periodswithin which improvements must be conpleted shal1 cause thl rine ofcredit required herein to be extended for an equar amount of ti-me.rf the county determines that the improvements are not constructedin compliance with the relevant specifications, it shalr furnish aletter of potential deficiencies to the Owner within fifteen (15)days from the date the count.y receives certification from the ownerthat all improvements as set forth in Exhibit B have beencompleted. If that letter is not furnished within fifteen (15)days, all improvements shall be deemed accepted and the Countysharl rerease the appropriate amount of security as such relales tothe-completed improvements. rf a letter of potentiar deficienciesis furnished by the County, the County shall-have thirty (301 66r"to complete its investigation and provide writ,ten confirmation oi
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the defici-encies to the owner. rf, upon further investigation, theCounty finds that all improvements are acceptable, then iheappropriate security shal-l be released to the owner within t.en (10)days after compretlon of such i,nvestigation. rn the event thatsuch improvements are not accepted by the County, the Board ofcounty commissioners sharr make wrj-tten findings before reguestingpayment on the letter of credit.
The County may, at its option, permit the Owner to substituteother collateral acceptable to the County for the collat.eraloriginally given by the Owner to secure the completion of theimprovements as hereinabove provided. The County may, at itsoption, provide Owner with partial releases of the security forimprovements provided by Owner upon satisfactory evidence ofpartial completion of the j,mprovements.
No Pinal Pl-at shalI be recorded pursuant to this Agreementuntil a Ietter of credit in a form acceptable to the County isreceived by the County.
3. WATER. At the time of execution of this Agreement, allwater system improvements, including all easemenes necessary forthe instalLation of that system, together with the necessary waterrights and assignment of permits and water arlotment contracts andother water rights associated with the issuance of the welr pernitshall be transferred by deed, dedication or contract to the
Homeowners Association i.n the form set forth in Exhibit "C"attached hereto. That deed sharl be recorded coincident with thefiling of the final pIat.
4. INDEMNITY. To the extent allowed by Iaw, Owner agreesto indemnify and hold the County harmless and defend the Countyfrom all claims which rnay arise as a resurt of owner's instarritionof the improvements pursuant to this Agreement, provided, however,
owner does not indemnify the county for claims mide asserting thatthe standards imposed by the County on Owner are improper or the
cause of the injury asserted.
The County shal1 be required to notify the Owner of receipt ofa notice of claim or a notice of intent to sue and shall afford
Owner the option of defending any such claim or action. Eailure t.onotify and provide such optj,on to Owner shall extinguish theCountyrs right under this paragraph. Nothing hereinstated shall beinterpreted to require Owner to indemnify the County from claims
whj.ch may arise from the negligent acts or omissions of the Countyor its employees.
5. SCSOOL IMPACI FEES. Owner shal1 be obligated to pay Two
Hundred Dollars ($200.00) per lot for school impact fees- O.rnershall tender Two Hundred Dollars ($200.00) to the County for all
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within the subdivision at the time of recording of the Final.
6. SALE OF I,TS. No lots within the proposed subdivisionthat is the subject of this Agreement shall be conveyed prior tothe recording of the Final Plat.
'l . APPROVAL OF FII.IAL PIAT. The County agrees to approvalof the Einal Plat subject to the terms and conditj.ons of thisAgreement, as well as the terms and conditions of the prerirninary
Plan.
8. ENFoRCEMENT. In addition to any rights which may beprovided by cororado statute, i-t is mutualry agreed that the countyor any purchaser of a lot within the Subdivision shall have r.heauthority to bring an action in the District Court of GarfietdCounty, Colorado to compel enforcernent of this Agreement. In t.heevent no acti-on is commenced before issuance of the finalcertificate of completion of improvements and acceptance thereof bythe County, any purchaser's rights to commence an action shallthereafter be extj,nguished.
9. CONSENT TO VACATE PIA!. fn the event the Owner fails tocomply with the terms of this Agreement, including the terms of thePreliminary P1an, the County shall have the ability to vacate theplat as it pertains to lots for which no building permits have beenissued. Any existing lots for which building permits have beenissued shall not be vacated and the plat as to those lots shallremain valid. The owner shall provide a survey and complete legaldescri.ption with a map showing the locati.on of that portion of iheplat so vacated.
10. BII{DING EFFECT. This Agreement shall be a covenantrunning with the title to each lot within the Subdivj.sion and therights and obligations as contained herein shall be binding uponand inure to the benefit of the owner, its successors and assigns.
11. RECORDING. Upon execution, Owner shall record this
Agreement with the office of the Clerk and Recorder for GarfieldCounty, Colorado.
12. VENUE AllD JURISDfCTION. Venue and jurisdiction for any
cause arising out of or related to this Agreement shall lie in theDistrict Court for Garfield County and be construed pursuant to cheIaws of the State of Colorado.
13. ROADS. The Homeowners Association shall bear the soleresponsibility for the maintenance, upkeep, repair, restorat.ion,
snow removal and reconstruction of a1I roads within thesubdivision.
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BOARD OE COUNTY COMMISSIONERS OE
GARFIELD COUNTY,
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(303) 945-1004
FAX (303) 94s.5948
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ll8 lvest 6th, Surte 200
Glenwood Spnngs. CO 8i601
EfiIBIT "A"
PRINCE CREEK ESTATES, I,EGAI, DESCRIPTION
A parcel of land sit.uaE.ed in LoEs 6 and z, sect.j.on 11, Township ISouth, Range 88 WesE. of che Sixth principal Meridian, Councy ofGarfield, SEat.e of Colorado, said parcel being more parcicuiarlydescribed as follows:
Beginning aE a poinE whence Ehe wiE.ness corner for Ehe Souchwest.corner of said SecE,ion 11 bears South 51 degrees 36 minuEes 2G seconds
WesE (S 51035'26" Wl, a distance of 1583.11 feeE ; thence, Norch 04degrees 21 minuEes 54 seconds We6E (N O4o2]-,54n w), a discance of400.80 feet, Ehence,NorEh 90 degrees 00 minuE.es OO seconds WesE (N 9O.OO,OO, W),disEance of 194.95 feeE., E.hence,
NorE.h 00 degrees 00 minut.es OO seconds East. (N OOo0O,OO, E),dist,ance of 129.55 feeE.; Ehence,
NorEh 54 degrees 23 minuEes 19 seconds WesE. (N 64o23,19, W),disEance of 385.52 feet.,. Ehence,
NorE.h 28 degrees 05 minuEes 30 seconds EasE (N 28o0S,3On E), adisEance of 224.28 feeE Eo a point. on a fenceline described aE Book549, Page 213 lrL Ehe office of t,he Garfield CounEy Clerk andRecorder's; E.hence,North 89 degrees 42 minutes 2G secondsalong said fenceline described in Book 549 i
Page 272 a disE.ance of 19Z.BO feeE; Ehence,
SouEh 71 degreea 30 minut,es 23 seconds EasEalong said fenceline a dj.sEance of L76.19 feeE;
SouE,h 68 degrees 30 minuEes 14 seconds Eastalong a fenceline described in Book S49 aE, page
lO2 .64 f eeE ,. E.hence.
Sout,h 89 degrees 45 minuE.es 53along said fenceline a disE,ance of
SouEh 00 degrees 33 minuces 59disEance of 566.38 feeE.; Ehence,
SouE.h 04 degrees 42 minutes 01along che.EasE. line gf a parcel of432 of said Garfietd Counly recordst.hence leaving said EasE 1ine,
EasE (N 89042'26a El,
at Page 273 and Book 579 at
(s 71030'23. El ,
Ehence,(s 58'30',14! E),
274 a disEance of
seconds East (s 89045'53, E),415.99 feeE; E.hence,seconds EasE (s ooo33'59' E), a
seconds EasE (S o4o42, o1' E),Iand described in Book 530 aE Pagea disE.ance of 234.05 feet;
North 90 degrees OO minules OO.seconds WesE (N 9OoOO,OO. W), adisEance of 434.67 feeE go ghe poj.nE of beginning. Said parcelcontains L2.013 acres, more or less.
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FAX (303) 94s.5948
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Glertrrod Spnngs. CO 81601
snox0910rru885
TEXHIBIT Bi
Iuly 29, 1994
Please do not hesitate to caU if you have any questions.
Sincerely,
scHI\tuEsER GORDON IUEYER, INC.
Mr. David Hicks
l05l Prince Creek Road
Carbondale, CO 81623
RE: hince Creek Estates Cost Estimate
Dear David:
Per your request, we have completed a construction cost estimate for road and water system
improvements at Prince Creek Estates. The estimate was done from the plurs produced by SGM
dated May 26, 1994. The total cost of on-site improvements will be ipproximately SiS,OOO. ,the breakdown for these costs are outlined below.
The cpst of road improvements is based on a lGfoot wide road using 6' of Class 6 aggregate
based course totaling $15,000.
The cost of the water system is approximately $50,000. This includes the installation of two
wells at $8'000 each, 2500 linear feet of collection and distribution piping at $20,000, 5000
gallon cistern at $5,000, and the control building and necessary appurtenances at $12,000.
Due to the variability of the well and control building costs, we have added approximately l0%
tro the subtotal of $68,000.
There will be no significant revegetation costs required for this work.
The cost estimate is based on conversations with local contractors and prices for similar work
the past two years. The costs for the project are subject !o change, based on field conditions
and contractor availability.
D^c.%-
Dan Cokley, EIT
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Rccept,on No ---466584
QUIT CLAIIII
Ttlls DEED. lUadc rhis 2 9 t h
be twen DAVID W. HICKS
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dayof July ,1994
And CONNIE F. HICKS
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of the
o[ Colorado, grantor, and
'Countyof carfield and State
PRINCE CREEK ESTATES HOMEOWNERS
ASSOCIATION
a corporation duly organizcd and exisling undcr and by virtue of the laws of the Statc of
Colorado ,Srantee,whoselegal addrcssis c/o David t(. Hicks, I05f prince
Creek Road, Carbondale, CO 8I'623
lvlTNESS,Thatthegrantor.forandinconsiderationofthesumof one Dollar and other good a:1 dvaluable consideratlon------ _______pgU+ARg.
thc receipt and sufficicncy of which is nereby a-ctnow-te-a-ged, has remised, relcased. eld and QUIT CIAIItED. rnd b) th.sc
presents dGs remise. relcase, scll and QUIT CLAIM unlo the grantce. its sumssors aod ssigns fore\cr. all the right. tillc. inteEl.
claim and dcmand which lhc Snntor has in and to the rcal propeny, togeth€r wilh impmements. if an1: situate. I,vin3 rnd being in
Countyof carfleld and State ofColorado. dcscritrd as follrrqs:
All \rater and rrater rights and alI vater L,ell. faeiLities andsystem inprovements appur!enant to the vater yells depictedon plaL of Prince Creek Estates flled as Reception Noof the records of carfield County, CO!orado, together rtth-all easements for such re11s and related facilities.andpipelines as depicted on said ptat.
AlofrSiq,.i bt trl! N,t@?t Al
TO HAVE AND TO HOLD thc sme, together with all and singular thc appuncnanccs and privilegcs thcrcunto bclonginS. or in
anywisc thercunlo apprcnaining. and all the cstatc, righl, tillc, intercst and claim whatmtr. of the smntor. either in lry or equiry. rtr rhc
only prcper usc, bcncfit and behmf of thc grantce, its succcssrs 8nd assigns focrr Thc singulu numbcr shall includc rhc plunl. rhc
pluml the singulr. and thc usc of any gendcr shall be applicablc to all
IN WITNESS IVHEREOR Thc grantor ha cxccuted this decd on
4/
Hicks
I'l The forcgoing instrumcnt uas rknowledged beforc me this ds trl
" byDavid w. HIcks and connie F. Hicks.
\ri.r. .. - .i STATE OF COITORADO I[ .r. tt :'.' '.'. iI r '. ' ;i, countyof 6"rf ield | ;.i',i..'r-' :;
i I uy "o.r,*,on .rot., U I /o, wirness mgand and or'riciat scal.
i Notary Public, State of Colorad6
^ . MY iommission ExPires 6/9/98
'lf in Dcnvcr. rn$( Cilt rnd
No. 522. Rev. 12-91. Qr.rT cL l:u Dtf D (ro caErl,on)h-_E .dfGd Puhhrhtnl lTal WrR I k m tO?0, - t mll X1.?m - t-0,
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REcoRDED ?3? o'ctacrr?-:t-
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R;c ! 1166585
GATIFIEL0 r IUNIY CLER(
DECIARATIONS
oF covEl{ANTS, CONDTTTONS AND RESIRTCTrONS
PRTNCE CREEK ESTATES HO,IEOWNERS ASSOCIATION, INC.
THIS DECIARAIION, made on the date hereinafter set forth by
David Hicks and connie Hicks, hereinafter referred to as "Declarant".
WITNESSETH:
$IHEREAS, Declarant is the owner of certain ProperEy in GarfieLd
county, St.ate of colorado, which is more particularly described as:
sEE ''EXHIBIT A'' - LEGAI-DESCBIPTIoN, whj.ch. is.attached hereto
and rn , and shall be hereinafter
referred to as the "ProPertY".
NOw TI{EREFORE, Declarant hereby declares that all of the
properties described above shal1 be held, sold and conveyed subject
to '
. the following easements, restrictions, covenants, and
co.r.iitlots, which jre for the following purposes, and which shall
run with the real property and be binding on all parties having any
right, title or interest j.n the described properties or any part
inereof, their heirs, successols and assigns, and shall inure to
the benefit of each owner t.hereof:
l.ToProtectthevalue,desirabilityandattractivenessof
the property and enhance the quality of life within the
development.
2, To develop the Property in accordance with a master plan
and general scheme of development into a residential community, to
be collectively known as Prince creek Estates (the "Project")'
3. To effj.ciently manage the Property by creating an owners
association to which should be delegated and assigned the powers of
managing, maintaining by adminj.stration the colnmon areas,
ia^ir,i.s[erirrq and enforcing these covenants, conditions and
restrictions and collecting and disbursing funds Pursuant to the
assessments and charges hereinafter created and to perform such
other acts as are heiein provided or which generally benefit its
menbers, t.he Project, and the owners of any interest therein'
4. To create the Prince Creek Estates Homeowners
Association, a non-profit corporati'on, that has been' or will be'
in"oipo.ut"d under - t,he laws of the State of Coforado for the
pr.po!" of exercising such Powers and functions.
5, To permit the owners, mortgagees,
trustees under trust deeds, occuPants and
beneficraries and
all other persons
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1.4 "Association Rules" means the rules and reguJ'ations
Section 4 . 10.adopted by ihe Association pursuant to
1.5 ,Board, means the Board of Directors of t'he Association.
.1.5 "Eylry:" means the Bylaws of the Association adopted in
accordance ilitn--Ttre Articles, as such Bylaws may be amended from
time to t!.me, or of any successor theret'o'
l.'7 "CountY" means Garfield County, Colorado.
1.g "Conmon Areas" shall mean all real property (including
inprovements--6EEt6l-lperated and maintaineci by the Association
for the common use and enjoyment of the owners' The Common Area to
U.-^ui"t"i-ned by the Association at Ehe time of the conveyance of
the first 1ot is described as follows:
(a)Commondrivewaysthatprovideaccessforalllots
to Garfield county Road 111.
(b)Twol2ldomesticwaterwe]'ls(Coloradol^,ellPermit
#'s 105764-A & 1742{0).
- (c) Domestic water supply piping and appurtenances'
(d)Irrigationwat,ersupplypipingandappurtenances
within the subdivision.
1.9 "Common EXpen_seF" means the actual and estimated costs
lncuried bi--E Aasociation in administering, m,aintaining and
;;;;;ti;' tie Project, includins, but not strictrv limited to' the
following:
(a) maintenance, management, oPeration. - repair and
replacement' of the Comnon Ateas and property, and .a]l other areas
;;'th" Project which are mainEained by the Association;
(b) unPaid Assessments;
(c) maintenance by the Association of areas within the
project "i,".! public right-of-way is allowed as provided in this
beciaration or Pursuant to agreements with the County;
(d) costs of management and administrat'ion of the
Association, including, but not Iimited to. compensaEion paid by
the Association to mariagers, accountants, attorneys and employees'
(e) the costs of maintaining utilities, .including but
not Iimited to watei, electricj-ty, gas; sewer, trash pick-up and
Ji"p""":,, and othei services which generally benefit and enhance
il;';;i;; and desriauilir, of the eroject ani which are or may be
provided bY the Associat'ion;
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(f) the costs of fire, casualty, liability, worker's
compensatj.on and other appropriate insurance covering the common
Areas i
' (S) the costs of any other insurance obtained by the
As sociation;
(h) reasonable reserves for contingencies, replacements
and other proper purposes as deemed approPriaEe by the Association,
which reseive fund shall be adequate to meet the costs and expenses
of maintenance, repairs and replacement of those common Areas which
must be maintained, repaired, or replaced on a periodj'c basj's;
(i) the costs of bonding the members of the Board, the
president, any professionaJ- managing agent or any other person
handlingi the funds of Ehe Association;
(j ) taxes Paid bY the Association;
(k) amount.s paid by the Association for discharge of
any lien or encumbrance levied against the Common Areas or Portion
thereof;
(I) costs incurred by the Design Review Committee;
(rn) costs incurred by committees established by the
Board or the President;
(n) costs of security guards, and operation of key
qates at entrances to the Project, and any other secu_rity systems
;; services insgalfed, operated or contracted for by the
Association;
(o) other expenses incurred by the Association for any
reason whatsoever in connection with the Common Areas (excePting
,.Cor.rrttr.tion costs and capital irnprovements as otherwise provicied
fr"i"inf, or performed by the Association pursuant t'o, this-o".iii"iio", ft " ArticIes, Bylaws, Association Rules or Design
EriJuii".", or in furtherance of the purposes of the Association or
in the discharge of any duties or powers of the Associat'ion'
1.10 "Declaration" means this instrument, as from tine to
time amended.
1.11 "Desiqn Guidelines" means the rules, regulations'
restriction;;=?EE-ilecffitandardsanddesignquideIinesfrom
ii*" to t.ime adopted by the Design Review Co*nittee Pursuant to
Section 11.2.
'l r ? ,rllpsi nn Review Committee" means the comniEtee Provided
ror ii'di"tifficEurar and Landscape conrrol'.
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1.13 ''Declarant" means David Hicks and Connie Hicks, their
successors End--EElTgns, or any Person to whom the Declarant's
iight" hereunder are hereinafter assigned by record.ed instrument,
or any Mortgagee of the Declarant which acquired t.itle to or
i""".ui" t.o tiri interest of the Decl.arant in any Lot or other
poitio" of the property by reason of.the foreclosure (or conveyance
i"-11"" "f foreclosurl) or trustee's sale under the Mortgage of
said Mortgagee.
1. 14 "!4" shall mean and ref er to any f i.nal platted lot
shown on th-approved subdivision for Prince Creek Estates, but
shall not include platted outlots, if any'
1,15 "Maiority of MemberS" means the Members holding more
Ehan 50t offfiitled to be cast with respect to a
;i;;" matter; and any specified fraction or percentage of thg
fi"*b"r" meaDs Ehe Memberi holding that fraction or percentage of
the total votes entitled to be cast with respect to a gj.ven natter.
a-splcified fraction or percentage. "of all of the Members" means
that traction or percenEage of the total votes of aLl Members other
ihan Declarant. Unless otherwise specified, any provision herein
i"q"iti"g the approval of the Members means the approval of a
"MajoritY" of Members.
l.l6"Mernber"meanseveryPersonwhoholdsaRegular
Membeiship E-EEe Association pursuant to Section 3, entitled
"MembershiP".
1. 17 "llglggge" Eeans any recorded, filed or otherwise
oerf ected Gstrunr6nt given in good faith and f or valuable
I"".iJ.iition which is not a fraudulent conveyance under Colorado
i;;-;" security for the performance of an obligation, including
"iif,"ut limitafion a deed of trust, but shall not. include any
ir,"[r*."t creati.ng or evidencing solely a security int.eresE
;;i;i"g under the Liniforn Commercial Code. "Mortgagee" means the
holder of a note secured by a Mortgage, including the trustee and
ieneficiary under any deed of trust. "Mortgagor" means the party
executing I Mortgage. "Eirst Mortgage" means a 'Uortgage which is
in" fl."[ and most- senior of all Mortgages upon the same property'
iFirst Mortgagee" means the holder of a First Mortgage'
1. 18 "@-upur!" means any Person, other than an o1^rner, in
rightful possEislon of a Lot, whether as a guest' tenant or
otherwise.
1. 1g "Owner,' shal] mean and refer to the record owner'
whet,her one or more persons or entities, of a fee simple title r'o
;;;- i* -"i,:."i, is a Part of the Properties, including contract
sel1ers, but exctuainq those having such interest merely as
security for the performance of an oblj'gation'
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1.20 "Person" means an individual, corporation, partnership,
trustee or o-EhE?-entity capable of holding title to real proPerty,
and their respective heirs, successors and assi-gns.
1.21 "PLat," neans the plat of subdivision of the Parcel as
f irst recorEE- in Ehe of f icial records of Garf ield CounEy,
colorado, and as Ehereafter from Lime to time amended or supple-
mented.
1.22 "Presiden'-" means
pre s i dent o r-TEE-,ls s o c i a t i on .
1.23 "Private Roads" and "PriYate..Wavs"..are synonymous and
mean any stEet, r6E6"Ef, drive,-sidewalk, walkway, path or other
right-oi-way withi-n Ehe Project which has not expressly been
dedicated to the Public use.
1.24 "ProiecE' means the master planneci development of the
property, aFffiEliled in the recitals hereof , to be called Ehe
"Prince Creek Estates".
1.25 "Epg4I" means !!" re-a1 property subi ect to this
Declaration,-f6!6Efier wit.h aI1 buildings, improvements and other
permanent fixtures of whatever kind now or hereafter located
thereof, and alI easements, right.s, apPurt.enances and privileges
belonging or in any way pertaining thereto'
1.26 "Record" or "Recording" means an instrument of record
in, or the acE-? recording an rnstrument with, the office of the
County Recorder for Garfield County, Colorado.
1.2? "Transfer Date" shall
Homeowne rs A! soZE tG-n E rans f e r
Members, as Provicied in Section
1.28 "Water Cost" means
thereof.
the duly elected or aPPointed
be the date that control of the
from the Declarant to the Class "A"
3.2.2.
the cost of water and deliverY
SECTION 2. RIGHTS OE ENJONGMT
2.t Members' Riqhg of Eniov4ent. Every.Member-shall have a
non-exclus@joyment in and to the Common
Areas to the extent that the Homeowners Association has an interest
1"-ino". areas, which right shall be appurtenanE to and sha11 pass
"itt .rr"i, Member's membership as herein provided, with respect to
[t," prop.tty su-bject thereto, and to alI of the easements'
.o""n!"tir. ctndititns, restrictions and other provisions contained
i" if,ir Declaration, including, without Iimitation, Ehe following
provisions:
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2.1.t The right of the Assoc:ation to establish
reasonable rules and regulations pertaining to or restricting the
use of the Common Area by Members or other Persons '
2.t.2 The right of the Association to borrow money
for the purpose of improving, replacing, restorinq or.exPanding the
ion*o" ii."i or addinq new Common Area and, in aid thereof, to
mortgage said property, provided that, the rights of the lender
thereunder shall be subordinated to the rlghts of the Members.
2.1.3 The rights of the Association to suspend the
righE of a Member or any Person (_including wj.thout f.imitation an
O*i", o. a member of the family of a Member or owner) to use the
Common Area or any designated Portion thereof duri.ng any tine in
which any Assessment respecting such Member remains unpaid and
delinquent, or for a period not to. exceed sixty 60 days for any
"i"qf. iniraction of the Association Rules or breach of this
pecia.ati.o.,, and up to one (1) year for any subseguent violation of
it,. same or sirniiar provision of the Association Ru1es or this
iuctur.tion, provided that any suspension of such right to use the
common Area, except fOr failure to pay Assessments, shall be made
""iV UV the president, the Board or a duly appointed comrnittee
tii"i"of, after notice and hearing given and held in accordance with
iii"-syf""". Notwithstanding the foregoing, the Association shal1
"oi ni". the right hereunder to suspend any Menber or owner's right
io-r". any portion of the Property or Private Roads necessary for
such Member or any owner to gain access to his Lot'
2-2 Deleqation of Use- No-member may delegate his right of
use and enJoFEnE oFTne Corunon Area to any Person,. excePt to the
i.^5"r" of-his immediate family as provided in Sectlon 3 or to his
guests as pernitted by the Associatj-on Rules'
2.3WaiverofUse.NoMemberorownermayexempthimself,
and no UemUEF5?-6ilne-Flhall. be exempt, from personal-Iiability for
i,"r""".."ts or release any Lot owned by him fron the.l'i-ens, charges
;;;-;h;; provisions of this Declaration, the Atticles' ByIaws'
association Rules or Design Guidelines, by voluntary waiver of' or
"u"tu""io" or restriction of such owner or Member's right to' the
,ri"' ."a enjoyment of the Cornmon Area, or the abandonment of such
Ori", or Uemblr's Lot or membership (except the relinguishment of a
Special MembershiP.
SECTION 3. MEMBERSHIP A}ID VOTI}TG RIGHTS
3.1
as ses sment
MembershiP
ownershiP
3.2
classes of
Lot Owner.shall be
shall be
of any Lot
Every owner of a Lot which is subject to
a Regular Member of the Association. Regular
uppritenut t to and may not be separated from
which is subject to assessment.
Classes of MembershiP'
voting membershrP'
ilEiL
The AssociaEion sha11 have two
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3.2.1 Class A. Class A member(s) shal1 be a1I
Owners, with the excelEl6i-6f the Declarant, and shall be entitled
to one vote for each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be members. The vote
for such Lot shall be exercised as they determine, but in no event
shal1 more than one (1) vot.e be cast with respect to any Lot. In
the event that any Lot or Lots are owned by a corPoration the
corporation shall authorize an officer or director who is a
resident of the County of Garfield t.o be a Member for vot1ng and
other purPoses.
3.2.2 Class B. The Class B menber(s) shaIl be'-he
Declarant and shall lEa-ntitled to three (3) votes for each lot
owned. At such time as the Cfass B membership is converted to Class
A membership in the rnanner described below the CLass A nembership
shall obtain and sha11 permanently retain exclusive control over
the act.ivities of the Association. The class B rnembership shall
cease and be converted to class A membership when t,he following
shall occur: (referred to as "Transfer Date").
(1) The total votes outstanding in the CLass A
membership attributabte to the lots included wit.hin the proPerty
described in Exhibit. "A" exceed the total votes outstanding in the
Class B membership attributable to the same property'
3.3 Votinq Riqhts and Limitations.
3.3.1 Suspension of Votinq Rights. If. any O+'ner,
his family or any @or invitee v1olates the
Association RuIes once adopted by the Board after Notice and
Hearing, the Board may suspend the right of such person to vote his
rnemberthip interest, under such conditions as the Board nay
specify, for a period not to exceed sixty (60) days for each
violation. Before invoking any such suspension of voting rights,
the Board shall give such person Notice and Hearing.
3.3.2 Additionat Votins Requirements. Prior to the
compleEion of the pr ount of regular
annual assessments levied in any year upon the owner of each Lot in
ihe subdivision under $500 Per owner, shall require the consenE of
oeclarant in addition to any other vote, consent or approval
required.
3.4 Transfer _of membership.. A membership in the Associati.on
shall noE EETiEnsferred, pledged or al'ienated in any way, except
as herein expressly provided- A Regular Membership shall
"rto.utia"lly be transferred to the new owner uPon the transfer of
it,.-Lot to whj.ch it appertains (and then only to such transferee)'
"ir"tiru. Uy sale, int.erstate succession, testamentary disposition,
fore"to"uie of a Mortgage or other legal process t.ransferring fee
simple title or the Ieasehold interest to such LoE.
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SECTION 4.ASSOCIATION
4.lPurDoseofAssoci.ation.TheAssociationhasbeen,or
wirr ue, i@ofit corporation to serve as the
oo.r"rt itq body for all of the owners and Mernbers for the
;;;;;;;i;", -- i*p.o.rement, arteration, maintenance' repair'
;;;i;;;;;i. adm^inistration and operaEion of the Project' the
i""".r",".rt of expenses, payment of losses, disposition of casualty
irirru.,.u proc"Lds, ani - other matters as provided in this
pecfaruti.on, ttr" Articles, Bylaws, Association RuIes or Design
guiaeri"u=. The Association shaIl not be deemed to be conducting a
;;;i;;t" of any kind, and afl funds received by the Association
"["fi U" held -and applied by it for the owners and Members in
.."or:""." with the iiovisions of this Declaration, the Articles
and the BYIaws.
The Association shalI specifically have management' control
and maintenance of the water distribution system, aIJ. roadways, all
common areas and all irrigation systems'
4.2 Membership in As-sogiaEion' Each Class A and CIass B
Member shalfficiation so long as he shall be
u--l,t-u*ir"r of Ehe Association as provided in section 3, and such
i"J-.r-"t ip shall automatically terminate when he ceases to be a
ri"*n"r. -Any atternpt to make i prohibited transfer of a rnembership
|]' th; .lsstciation is void and witl not be recognized by or
."ff""i"a upon the books and records of the Association. In the
""""i ""V ll"rl". fails or refuses Eo transfer or surrencier the
;;;;rJL; registered in his name as herein reguired' the
li""".i.tibn stritt have the right to record a transfer upon the
t-oofs of the Association and isiue a new membership as appropriate,
;;;'-;h".";pon the old membership outstanding in the name of said
;;.b"; snait be nuII and void as t.hough same had been surrendered.
4.3 P1edge of voEnl Rights. Notwithstanding the foregoing'
in the eveffi granted an irrevocable proxy or
.'air"*l"" pledged the vot j'ng riqht aPPurtenant to the Regular
il",b;;;hiP witli respect to, his r'ot to a Mortgagee as additional
;.;;;a;;'oniy ttte vote of such Mortgagee will be recosnized in
--^rrrt t-o such special matters if a copy of such Proxy or other
il:;;; pi"agi'"q such vote has been filgd with che Assocj'ation'
i;-;; "rr"rri thit nore than one such instrument has been filed' the
a""""i.t:..n shall recognize the rights of the first MorEgagee to so
;ii;;-;.g.rd1ess of the priority oi the Mortgages themselves'
4. 4 essiqnm?nt of ?qc-IaIa-Lr!'s Yotinq Biq[t-s--'.^-If--11v--1""d::
to whom t[E--6EffirEnr' has assigned br hereafter assrgns' as
security all o. 'lrb"t"t'tially ift of its rights under this
Decfaration succeed; to the intLrest of the Declaranc by virtue of
said assignment, suct assignment if it includes voting ri'ghts'
"nuif U" .-ud" kto"rt, to the Homeowners Association'
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4.5 Board of Directors.
4.5.1 Directors. The affairs of the Association
shall be conducted E--TIE Board as herein provided and in
accordance with the Articles and Bylaws. Except for directors
elected by the Deci.arant, each director shal1 be a Member or the
spouse of a Member. If a director sha11 cease Eo meet such
qualifications during his term, he will thereupon cease to be a
director and his place on the Board shall be deemed vacant-
4 .5.2shall be elected bY
Members.
Election of the Board.a@ The Board of Di,rectors
the Class A and Cl-ass B
{.5.3 Notice and Quorum for Board Actlon. l{ritten
action of any rneeting cal1ed for the purpose of taking action
aut,horized herein shalt be sent to all Members not less than five
(5) nor more than thj-rty (30) days in advance of such meeting. In
the event the proposed action is favored by a najority of the votes
cast at such meeting, but less than the requisite fifty (50)
percent (majority) of each class of Members, Members who were not
present in person or by proxy may give their assent in writing
witfr:.n fourteen (14) days after the date of such meeting.
4.6 Duties and Powers of the President.
4.6.1 To the extent not prohibited by law, or as
otherwise herein expressly Iimited, including without limitation
Section 4.6.2,, the President of the Association sha-}l be empowered
to exercise control over the affairs of the Association and !o act
on behalf of, and bind, the Association in every instance wherein
the Association is required or permitted to take any action. The
action of Ehe Presi.dent shall at all times be subject to the review
of the Board.
4 .6.2 Notwithstanding anything in Section 4.6.1 to
the contrary, the President shall not have the powe! to borrow any
funds on behalf of the Association. make any expenciitures on behalf
of the Association which are, in the aggregate, more than five (5t)
percent in excess of the t.otal amount of the Association's budgeE,
tr increase the amount of or levy any Assessment (except a Special-
Assessment), withouE. the prior approval of Lhe Board.
4.5.3 The President may appoint such assisEants as
deems necessary or appropriate. No compensation shall be paid
any assistant excePt as provided in the Association's budqet or
otherwise aPProved bY the Board.
4.6.4 Any right or power herein given or delegated
to the President. which cannot be exerc.ised by Lhe President,
he
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whether by reason of law or otherwise, shall be deemed to be a
right or power to be exercised by the Board.
4.'1 President's Determinatlsrr Bind:ng. In the event of any
dispute or Members, or any other
Persons subject to this Dec.l.aration, relating to the Project, or
any guestion of interpretation or applicatlon of the provisions of
this Declaration, the Art.icles, Bylaws, Association Rules or Desj.gn
GuideI.ines, the determination thereof by the President shaIl be
final and binding on each and all of such Osrners, Members or
Fersons. The President hay, at his election, delegate the
resolution of such dispute or disagreement to the Board or a
ccmmj.ttee appointed by the President.
4.8 Approval of Members. Unless elsewhere otherwise spe-
cifically provided in this Declaration, the Articles or Bylaws. any
provision of thi-s Declaration, the Articles or Bylaws which
reguires the vote or written assent of the Members of the
Association or any class or classes of membershlp shal1 be deemed
satisfied by the followj.ng:
(a) The vote in person or by proxy of the specified
percentaqe of Members at a meeting duly cal1ed and noticed pursuant
to the provisions of the Artlcles or Bylaws dealing with annual or
special meetj.ngs of the Members.
(b) Written consent.s si-gned by the specified percentage
of Members as provided by the Bylaws.
(c) If no percentage of Members is otherwise specified,
then the vote or writt.en assent of a Majority of Members shall be
reguired.
4 . 9 Additional Provisions in Articles and Bylaws. The
Articles a to the
conduct of the affairs of the Association and the rights and powers
of its directors, officers, empl,oyees, agents and members not
inconsistent with law or this Declaration.
4.10 Association RuIes. The Board shall be empowered to
adopt, amend or repeal such rules and regrulations as it deems
reasonable and appropriate (the "Association Rules") , binding upon
al.I Persons subject to this Declaration and governing the use
and/or occupancy of the Comnon Area or any other part of theproject. Ihe Association Ru1es nay include the establishnent of a
system of assessmenEs enforceable as Special Assessments. The
Association Rules shall govern such mat,ters in furtherance of the
purposes of the Association, including, without limit.ation, the use
of tne Common Areas; provided, however, that the Association Ru1es
may not discriminate among Orners and Members except as expressly
provided or permit,ted herein, and shalI not be inconsistent with
this Declaration, the Articles, Bylaws or Design Guidetines. A
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copy of the Association Ru.les as they may from time to tirne be
adopted, amended or repealed or a notice setting forth the
adoptj.on, amendment or repeal of specific portions of the
Association Rules shall be delivered to each owner and Member in
the same manner estab.Iished in the Declaratj.on for the delivery of
notices.Upon cornpletion of the notice reguirements, said
Associatlon Ru1es shall have the same force and effect as if t.hey
were set forth in and were Part of this Declaration and shall be
binding on the Owners and Members, and all other Persons having any
interest in, or making any use of, the Property, whether or not
actually received therebY.
The Association Rules, as adopted, amended or repealed, shall
be availabfe at the principal office of the Association to each
@ner, Member or other Person reasonably entitled thereto, upon
reguest. In the event of any conflict between any provision of the
Asiociation Rules and any provisi-ons of this Declaration, or the
Articles, Bylaws or Design Guidelines, the provisions of the
Association Rules shall be deemed to be suPerseded by the
provisions of this Declaration, the Articles, Bylaws or Design
Guidellnes to the extent of any such conflict.
{.11 Indemnification. To the fuLlest extent permitted by
J.aw, every-Irector and every officer of the Association, and the
members of the Design Review Committee, and the Declarant' (to the
extent a claim may be brought against the Declarant by reason of
its appointment, removal or control over members of the Board or
the Design Review Cornmittee) sha11 be indemnified by the
Association, or on behalf of the Association as a member of a
committee or otherwise, may, in the discretion of the Board, be
indemnified by the Association, against all expenses and
liabilities, including attorneys' fees, reasonably incurred by or
imposed upon him in connection with any proceeding to which he may
be a party, or in which he may become involved, by reason of his
being or having served in such capacity on behalf of the
Assoiiation (or in the case of the Declarant by reason of having
appointed, removed or controlled or failed to control' members of
dr; Board or the Design Review Comrnittee), or any settlement
thereof, whether or not he is a director, officer or member of the
Design Review Committee or serving in such other specified capacity
at tire time such expenses are incurred, provided that the Board
shall determine, in good faith, that such officer, director' member
of the Design Review cornmittee or other person, or che Declaranc,
did not act; fail to act, or refuse to act willfully or lrith gross
neolioence or fraudulent or crininal intent in the performance of
tii airti."". The foregoing rights of indemnification shall be in
uaaition to and not exclusive of all other rJ.ghts to which such
persons may be entitled at Iaw or othererise.
4 . 12 Non-Liabil+ty o! Qfficials. To the fu.IIest extent
permit,ted b he President, the Board' the
besign committee or any other coNnittees of lhe Association nor any
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member thereof. nor any direcEors or offi.cers of the Association,
sha1l be liable to any Member, O.rner, Occupant, the Association, or
any other Person for any damage, Ioss or prejudice suffered or
cLaimed on account of any decision, approval or dj.sapproval ofplans or specifications (whether or not defectivel, course of
actiol, act, inaction, omission, error, neqligence or the tike made
in good faith and which Declarant, the Declarant, the President.,
the Board,, or such comflittees or persons reasonable believed to be
within the scope of their respective duties.
4.13 Easenents- In addition to the blanket easements granted
in section--ilIlTe Association is authorized and empowered to
grant upon, across or under real property maintained or conllolLed
by the Association such permits, Iicenses, easements and rights-of-
way for sewer lines. water lines, underground conduits, storm
drains, television cable and other similar public or private
utility purposes, roadways or other purposes as may be reasonably
necessary and appropriate for the orderly naintenance, Preservatj.on
and enjoyment of the Common Atea or recreational facilities or for
the preservation of the health, safety, convenience and welfare of
the Ovrners and Members, provided tbat any damage to a Lot resultingt
from such grant shalI be repaired by the Association at its
expense.
4.1{ Accountinq. The Association, at aI1 times, shall keep,
or cause E--EilEpt, true and correct records of account, in
accordance with generally accepted accounting principles, and sha1l
have availabLe for the inspection of all owners and Members at
reasonable times during regular business hours, such books which
shall specify in reasonable detail all exPenses incurred and funds
accumulated from Assessments or otherwise.
4.15 Recor{q. The Association shall, upon reasonable written
reguest and during reasonabl.e business hours, make available for
inspection by each owner and Member the books, records and
financial statements of the Association together with current
copies, as amended from tirne to time. of Ehis Declaration and the
Articles, Bylaws, Association Rules and Design Guidelines.
Notwithstanding the foregoing to the contrary, the Association
shall not be reguired to make its books and records available for
inspect.ion excePt as required by law. The Declarant shall be under
no obligation to make its own books and records available for
inspection by any Oemer. Member or othe! person.
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SECTION 5. EASEI.,IENTS
5.1 Blanket Easements. Those easements required by the
Project sub?fiIsj.oiErEerren-t and plat are adopted herein. Eurther,
there is hereby created a blanket easement upon, across, over and
under the Property for ingress and egress (over existing roaciways),
installing, constructing, replacing, repairing, maintaining and
operating all, utilities, including but not limited to water,
sL*er, 9dS, telephone, electricity, Eelevision cab1e, security
systems, and communication lines and systems, and in addition
thereto for the use of emergency vehicles of all types. By virtue
of the easement, it shall be expressly permissible for the
providing utility company to erect (including without linitation
underground install-ation) and maintain the necessary facilities,
wires,, circuits, conduits, cables and relat,ed aPPurt,enances,
facilities and equipment on the Property. Notwithstanding anything
to the contrary contained in this Section, no easements shal'I be
created nor shall any sewers, electri-cal lines, water lines or
other facilities for utilities be installed or relocated except as
initially created and approved by the Declarant or thereafter
created or approved by the Association. This provision shall in no
way affect any other recorded easements on the ProPerty.
..5.2 Use of Common Areas. Except for the 9s9 Iinitations
provided inffi O,hrner and Member shall have the non-
ixclusive right to use the Common Areas in common with all other
Obrners and Members as reguired for the purposes of access and
ingress and egress to (and use, occupancy and enjoyment-of) any Lot
owned by such Owner or Member. Such right to use the Conunon Areas
for purposes of access and ingress and egress shall, subiect to the
Assotiation Rules, extend to each O"rner, Member, Occupant and the
agent.s, servants, tenants, family members and invitees of each
O.n.. or Member. Such right to use the Common Areas shafl be
perpeEual and appurEenant to each respectj.ve Lot, subject to and
govlrned by the provisions of this Declaration, the ArticLes,
6y1aws and Association RuIes and such reasonable limitations and
restrictions as may from time to time be contained therej'n'
5.3 Exclusive Use of Riqhts. Certain areas of the Corrron
Areas nay @ard for the exclusive control,
oossession and use of the Owner of a tot. If such an area serves'r. .c.""" to and from two Lots, the oqrners of the two Lots shall
frive joint control, possession and use of such portion of said area
u" rui.orrubly serves both Lots. The exclusive use rights creaEed
herein are subject to the blanket utiltty easement, maintenance,
ana- arctritectu;aI and landscape cont.rol provisions contained in
iiii" O..f.ration and to such rlasonabl,e rules and regulagien5 with
respect to possession, control, use and maintenance as the
a""I"i"ti.n miy from time to time promulgate. Easements are hereby
created in favor of and running with each Lot having such an area
ior the exclusive control and use of each such area. Each ovner'
iV-..""piing title to a Lot, and each Member shall be deened t.o
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have further ratified the easements and rights to excLusive use
created by this Section 5.3.
SECTION 6. ASSESSMENTS
'5.1 Creation of Lien and Personal Obligation. Each Owner
and Member veyance of an
interest. in a Lot or by accepEance of his membership, is deemed to
covenant and agree t.o pay to the Association: Regular Assessments,
Special Assessments, Capital Improvement Assessments. and
Reconstruction Assessments, if apPlicable, such Assessments to be
established and collected from t.j.me to time as provided in this
Declaration. The Assessment.s, together with interest thereon, late
charges, attorneys t fees and court costs, and other costs of
colfection thereof, as hereinafter provided, shal1 be a continuing
Iien upon such Owner or Mernber's Lot (or combined Lots as provided
in Section ]-2.141 against which the Assessments are made. Each
Assessment, together with such interest, and other costs, shall
a.Iso be the personal obligatlon of the Member and/or Owner to whom
such Assessment reLates. The personal obligation for delinquent
palments shall not pass to an Owner or Member's successor unless
expressly assumed by hirn. The obligation of a ReguJ.ar l{ember and
t.he Ov,rner of the Lot to which such membership appertains for the
payment of Assessments shall be joint and severaL.
6.2 Purpose of Assessrnents. The Assessments levied by the
Association shall be used to promote the health, safety and wel-fare
of the owners and Members, to enhance the quality of life within
the Project, to preserve the value of the Property, to pay the
costs of administration of ihe Association and all other Common
Expenses or to otherwise fuliher the interest of the Association.
i{hlre a Lot has seParate gas. efectrical, sewer or other similar
utilities service, the cost of the same shall be the personal
obligation of each owner. Maintenance of sewer l-ines serving a
single Lot, if applicable, shall be the responsibility of its
Olner. Also, a portion of Ehe annual Assessments, which are
payable monthly, may be used to provide an adequate reserve fund
tor the replacement, repair, and maintenance of t.hose Portions of
the Common Area and all facilities. located within the Cormon Area,
whi.ch must be replaced on a periodic basi.s, and the Board of
Directors shall be obligated to establish such reserve fund.
6- 3 Reqular Assessments.
6.3. 1 Except as otherwise specifically provided
herein (including without Limitation in Section 6.3.4), each Member
shal.1 pay as his ReguLar Assessment such Member's Proportionate
share of- the common Expenses. Except. as oEherwise specifically
provi.ded herein, payment of Regular Assessments shaIl. be in such
amounts and at such times as may be provj-ded in the Articles and
Bylaws or as determined by the Association.
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beginning of each fiscal year of the Association, the Association
shil1 make available for review by each owner and Member aE the
Association's office during reasonable times a pro forna operating
statement or budget for t.he upcominq fiscal year which shal1, among
other things, estimate the total common Expenses to be incurred for
such fiscal year. Subject to the provisions of Section 6.3'4, the
Association shal} at that Eime determine the amount of the Regular
Assessrnent to be paid by each Member and notify the Member thereof.
Each Member shall t.hereafter pay to the Association his Regular
Assessnent in monthly installments. Each such installment shall be
due and payable on the date set forth in the writ.ten notice sent to
Members.
roor0910rng02
6.3.2 Not later than sixty (60) days prior to the
6.3. 3 If the Association determines that the total
Regular Assessments for the current year are, or will become,
inideguate to meet aIl Common Expenses for whatever reason,
including common Expenses in excess of the estimated Common
Expenses used in preparation of the Association's budget for that
y".., the President shall then immediately determine the '
ipproximate amount of such inadeguacy and, with the consenE. of the
glard, issue a supplemental estimate of the Common Expenses and
determine the revisld amount of Regular Assessments to be paid by
each. Member for the balance of the year, and the date or dates when
due. If Ehe estimated total Regular Assessments for the current
year proves to be excessive in light of the actual Common Expenses,
fhe aisociation may, at the discretion of the Board, retain such
excess as additional working capital or reserves, reduce the amount
of the Regular Assessments for the succeeding year, or abate
collection of Regular Assessments for such peliod as it deems
appropriate. No reduction or abatement of Regular Assessments
Uetauie of any such anticipated surplus may dininish the guantity
or quality of services upon which the common Expenses for the year
in guestion are based.
5.3.4 Special Assessments for Capital Imo.rovements.
In addition to the annuEl Assesslnents authorized above, the
Association may levy, in any Assessment year, a special Assessment
applicable to that year only for the purpose of defraying, in whole
oi^:.n part, ghe cost of any construction, reconstruction, rePair or
i-pfa.i^er,t of a capital improvement upon the Common Area,
i"lfrai"q fixtures and personal ProPerty related thereto, qtoYiqgg
[ir"i ,"V-such Assessment shall have ghe assent of two-thirds (2/31
oI tir" votes of each cl'ass or Menbers who are voting in person or
by proxy at a neeting duly called for this purpose.
5.3.5 Special Assessments for fnsura??e'. Jlt"
Homeowners Associatio all have the
authorj.ty to assess each owner for its equal Pro-rata share of
ri.[iiitir, fire and extended coverage ^onthly AssessmenE or by
;;;;;;t;'tirrinq to the owner's mortgage for paymen-t-from o'rner's
""-"ro, accoun! at the sole discretion of the Board of Directols.
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5.3.6 Uniform Rate of
loo'0910r:n'903
Both annual and
rate for aII Lotsspecial Assessments m-usi be fixed at
and may be on a monthlY basis.
' Assessments on unimproved and improved Lots owned by
Declarant shaI1, notwj.thstanding anything to the contrary in the
preceding sentence, be at a rate equal to twenty-five (25t) percent
tt the Assessment rate applicable to Lots owned by owners other
than Declarant. After -any Lot under the Declarant's control
b".o^." occupied the Declarant shall be required to be -charged at a
.ui" "q"uf io the full Assessment of that Lot. Declarant shall
.i"o, nt*."er, underwrite any difference between actual expenses of
ihe Association and Assessmlnts levied until Association control
passes to Class A Members.
6.3.7 Date of CoNnencement o{ .Anlual . Assessmelts !
Due Dates. The a herein sha}l
ilon*"iG--,rithin the Property described on page 1 as '.o all Lots on
if," fi."t day of the mtnth- following the conveyance of the first '
Lot within such Property. No Lot shall be conveyed, nor Assessment
loade until after the Conunon Area has been deeded to the
Risociation. The first annual Assessment. shal1 be adjusted
iccora:-nq to the number of months remai.ning in the c_alendar year.
it.- -gouia of Directors shall fix the anount of the annual
a"""""..tt against each Lot at least thirty (30). days j'n advance of
eacfr annual Assessment period. Written notice of the annual-
.i"""""tn""t shall be sent to every owner subject thereto' The due
dii"" shatl be established by t.he Board of Directors. The
e"io.iut1"n shal1, uPon demand, and for a reasonable charge'
;;;;i;h a certificate signed by an officer of the Association
;;iii"g forth whether the Assessments on a specified .Lot has been
piiJ. 'e properly executed certificate of the Association as to the
'"i"tr. of ti,e Aslessments on a Lot is binding upon the Association
as of the date of its issuance.
5.3.8 Effect of Nonpavment of Assessnents.:. Remedigg
of the Associatiol. @ withrn Ehirty (30):: ---- : :davs after cne oud date shall bear interest from the due daEe at
H:-.;;;-;f eigtrteen (18t) percent Per annun' The Association may
;;i";-;; actlon at law against ths o.rner personarly obrigaEed to
nav the same, or foreclose the lien against the property. A
ilil"q"""i ll".U". shall also be liabte foi attorneys' fees and a1I
ott"i'..futed costs incurred by the Association as a result of such
;;i;;q";;t; incrudins arl tourt, corlection, and arbiEration
costs. No owner may -waive or otherwise escaPe liability for the
iI"""".""ti provided for herein by non-use of the common Area or
;;;;il;;i ot t,i" lot. NotwithJtandins the f oresoins "Y--:::::il"riq'"q"" "i," takes title to a Lot Pursuant to.the remeoles
;;;;i;;;-in ils. deed or trust or Morlqajee wil'l not be liabre for
such Lot,s unparo dues, charges, or liens which accrue prior to the
acquisition oi title to such Lot by such Mortgagee'
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6.4SubordinationofLien.Anylien.whicharisesagainsta
Lot by reaffir refusal of any owner or Regular
M;"1r;; to make timely Payment of any Assessment shall be
"rio.ain.tu to the lien of a prior recorded First Mortgage on the
iot,:i.g"ired in good faith and for value, except for the amount of
iir"' ,npi:.a Assesiment which accrues from and after the date on
whj,ch i First Mortgagee comes int,o possession of or acguires title
lo-itr. tot, whichiver occurs first (together with- any interest'
"".t, reasonable attorneys' fees and any late charges related
iteietof, and if any lien for unpaid Assessments prior to the date
the First Mortgagee comes into possession of or acguires title to
iir" iot ir"" ,r6t- b..t extinguished by the Proce.ss .by, which such
Eirst Mortgagee came into p6ssession of or acquired title to the
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- i.ir"t Mortgagee shall_ not be liabre for unpaid
e""."".""ts arising pridr to the aforesaid date and, upon written
i"q"."t Eo the Assdciation by such Eirst Mortqagee' such lien shal1
l.-."i""""d in writing by the Associati.on. Any unpaid Assessments
"iri"ir-it. extinguished pursuant to the foregoing sentence sha1l
;;;;i"; ro be t-he personar obrigarion of rhe delinqueng ohrner and
i"e"i;i-M.*ber and nay arso be reallocated by the Association among
aIi Members as Part of the comnon Expenses'
'6.5ExemptPropertv.ThefollowingPropertyshallbeexempt
f romtheli=;-?or-Assessmentscreatedherein:
(a)AllPropertiesdedicatedtoandacceptedbyalocal
public authoritY; and
(b) The Corunon Area.
6.6Nooffsets.A]IAssessmentsshaflbepayableinthe
..or.ri speEffiEd-Til-the Assessment or notice of Assessment and no
oiii.t. against such amount shall be permitted .f:t :"v reason'
;;;i;;i"q,- withoug lirnitation, a claim that (a) the Associati"on,
il;--;;;;lt, the President or the Declarant is not properly
;;;r"i;i;; its duties and powers as provided j'n this Declaration;
6i-;-;r-.ments for any piriod exceed Common Expenses; or (c) a
M;b;; has made, and elecgs to make, no use of the corunon Areas'
6.1 Homestead Waiver. Each Owner and Member, to the extent
-.*iiied bvTil-he-E-by waives, to the extent of any liens created
;;il;;i- a; this Decraration, whether such liens are now in
existence or are created at any time in the future, the benefit of
I"i- tl,"u"tead or exemPtion laws of the State of Co-lorado or any
:'J:.;i;';i trre uni-tea states now in effect, or in effect from tiBe
to time hereafter'
5. 8 Assessment 4esefves -. Each owner, other than the
o".r"'"nts@depositatc]osingandt.hereafterto
maintain with the Association an amount equal io three (3) times
ifr"",i".ifri, lnstallmenr of rhe currenE ur,rruil mon.hly Assessmenc as
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a reserve. such reserve acccunt sha1l not relieve an or'rner from
iri. obligations lo pay his monthty installment of the annual
A"="a"*".rL. The reser.res in the Common Expenses which are
collected as part of t.he Regular Assessments shall be deposi-.ed by
itr" a""o.i"tion in a separaie bank account to be held in trust for
iir. prrpo"us for which they ar" collected and are to be segreqated
iio*^ ur,'a not commingled with any other funds of the Association,
"*"upt t,o the extent thac t.he Association's regularly enployed
uc.oi"tu"t deems it desiraaie to do otherwise on the basis of
sii"aara accounting principles in similar contexts or Ehe laws, tax
or otherwise, of - ifre State of Colorado or the United States
relating to non-profit corpcrations or homeowners associations.
!r"rr r"i.."es shail be deemed a cont,ribution to the capital account
oi-ii," Association by the Menbers. The responsibility of the Board
i*i,"if,". controlled ty the Declarant or the Members) shall be only
to utilize such ."i".t"" as the Board in good faith deems
ieasonable, and neither the Declarants, the Board or any member
it"i"of shal1 have any liability to any owner or Member or to the
Association if such reserves prove to be inadequate'
6. 9 Certi ficate of Pa"tnent . Any Person acquiring an
interest i@t,Ied to a certificate frorn the
a""o"iution setting forth the amount of due but unpaid Assessments
ieiatinq uo such LLt, if any, and such Person shall not be Iiable
ioi, noi shall any lien attach to the tot in excess of' the amount
""i'fotti in the iertificate, except for Assessments which occur or
u""o*u due after the date hereof and any interest, costs,
.iio.""V.t fees and any late charges related to such Assessments.
;;;f;;'herein shall be construed as requiring that the Association-iii"-iry action required hereunder in any particular instance, buE
iI.- r.ii"r. "f the Association to take such action at any time
"ii"fi r"t constitute a waj,ver of the right to take such action at a
later time or in a different instance.
5.10 Enforcement of Lien. The lien provided. for in this
Section e @ Uy the Association in any manner
pi."ia"a or plrmitted for the foreclosure of realty mortgages or
heeds of t.rust or pursuant to rules regarding the. foreclosure of
fi."i UV a homeowndrs' association that may exist in the st'ate of
CoIorado.
6. 11 Pledqe of Aisessment RiqtrtF aF 9-es:}-ritv' Thu
l=to"iuiio ght to exercise
its Assessment powers and rights pro'id"d for in this Declaration
""- ilcu.ity tor any obli_oJtion - of ghe Association; provided,
however, that any suci' pfeaqe shall require th-e prio.r affirmative
vote or written assent if a-maiority oi all of the Mernbers' The
Association,s power to pledge iLs Asiessrnent powers shal1 include''u"i--r"i u. Iinited to, Ehe ability to ."i. .a-n- .assignment. of
Assessments which are then payable to, oi which will become payable
Lo, the Association; wnith- a"sign^eni may thel be presently
effective but shall allow said e"t.""*""ts tt contrnue to be paid
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to the Association and used by the Association as set forth in this
Declaration, unLess and until the Associatlon shall default on its
obligations secured by said assignment.
6.12 ExemDtj.on of Unso1d Lots. Until transfer date, no
Assessments--IIETEE--IEvIEd upon, or payable with respect to, any
Lot owned by the Declarant, or an affiliate of the Declarant or any
p"it""r (of such partner's successors, heirs or devisees) in the
beclarant to whom the f.ot has been distributed by the Declarant (as
distinquished from having been purchased by the partner), or by
Declarint or other trustel for any of the aforesaid Persons, until
iuch Lot has been conveyed by the Declarant (or said affiliate,
lartner or trustee) to a non-affiliated purchaser thereof or
Declarant leases such Lot.
6.13 Notice to }lqIlggjleg. Upon reguest of a first Mortgagee
ofanyt,ot@freasonabIecompensationtherefore,ifre nssociation ihali report to such first Mortgagee any unpaid
e"i"".*"nt or other defaults under the terms of this Declaration
which are not cured by said Mortgageers mortgagor within t,hirty
(30) days.
6. J.4 Notice and Quorum For a-nv Action. Authgfiz-ed- UndPr
Section 3 g called for the
f tEX-inq any action authorized under Section 3 and 4 shallpurpose oI E.aKlng any actLon duLllsrr4Eu urruE! oELLrurr J
[.-'"""t. to a1I M;mbe;s not less than thirty (30) days- nor more than
"i*tv
-teol days in advance of the meeting. At the first such
;;;ii"q' called, the presence of Members or of proxies -entitled to
casi-i"o-trriras Q/3i of all the votes of each class of membershi.p
iUiff .on"titute a quorum. If the reguired cluo!,m is not Present,
;;;4h.. meeting niy be called subject to t-ht sane not'ice
i"q"ir"*""t, anl tha required quorum at the subsequent meetinq
"iru=ii u" one-half ll/21 tr tne required quorum at the Preceding
^""ti"s. No such subsequent rneeting shall be held more than sixty
(50) diys following the preceding neeting.
6.15 Homestead. The . lien of the Association Assessments
shall be SEFE?I6F-Io any homestead exemption as i-; now or may
[.iuilt". be provided by Colorado or Federal law. The acceptance
"f-.-a""a to iny Log subject to this Declaration shall conslitute a
i.i".i of Ehe homestead ixemption as against said Assessment Iien'
SECTION 7. INSURANCE
7.I Authoritv to Purchase. The Association shalI purchase
and maintain certai;-in-surance upon the common Areas including but
i"I ^'ii-",i-t"a t" the insurance described in Section 7.3. Such
""ii"*rl--ita endorsement thereon. or coPies thereof sha]I be
il;;i;;e ,ilt, irr" Associarion. The Associarion shal"l advise the
ffi;;'";; ii*;"i" of rhe coverage of said poricies in order to
Dermit the owners and Members to determine which particular items
:;;"i;"il;J "itnin Ehe coverase so that the owners and Members nay
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insure themselves as they see fit if certain items are not, insured
by the Association.
1 .2 Me*berlq_ Reslottsi4llly. It shal1 be each owner's or
Member's re@ for himself insurance on his own
Lot,' if any, his additions and improvements thereto, furnishings
and personal Property therein, his personal proPerty stored
elsewhere within t.he Project, his personal liability to the extent
not covered by the public Iiability insurance obtained by the
Association and such other insurance which is not carried by the
Associ.ation as the Orner or Member desires. No Owner or Member
shalI naintain any i.nsurance, whether on his Lot or otherwise,
which would limit or reduce the insurance proceeds payable under
the casualty insurance maintained by the Association in the event
of damage to the improvements or fixtures on the Common Areas.
1.3 Coveraqe. The Association shall maintain and pay for
policies of insurance as folfows:
?.3.1 A nulti-peril type policy coverinq all of the'
Conmon Areas providing, as a minimum, fire and extended coverage,
and all other coverage in kinds and amounts customarily acquired or
reguired for Projects similar in construction, Iocation and use,
iniluding, without. Ij.mitation, perils normally covered by an "aI1-
risk" policY, in an amount determined by the Association.
7 .3.2 A policy of comprehensive public liability
insurance covering all of the Common Areas in an anount determined
by the Association for personal injury or death- -and,/or property
darnage. The scope of such coverage sha]l include all other coverage
in Cfre kinds and anounts customarily acguired or required for
projects similar in construction, Iocation and use, including,
iritlout limitation, Iiability for nonowned and hired automobiles,
liability for property of others, Iiability arising in connection
with the operation, maintenance or use of the Common Areas,
liability assumed by contract or contractual liability, and
liability arising out of any employment contracEs of the
Association.
7.3.3 The Association shaIl, at its election, obtain
fidelity bond coverage against dishonest acts on the part of
directois, offj'cers, managers, trustees, aqents, enployees or
volunteers responsible for handling funds belonqing to or
administered by the Association. If funds of the Association are
handled by a management agent, then fidelity bond coverage shall
iiro be obtained for the officers employees and agents thereof
handling or responsible for Association funds. The fldelity bond
;; insu-rance must nane the Association as the named insured and
iha]l Ue written to provide Protect,ion in an amount not less than
itr.-iu""". of (a) one-haIf times the Association's esiimated annual
operating expenses and reserves, (b) a sum equal to three (3)
;;;a;;' aqqregate Regular Assessments Prus rES€rv€s, or (c) the
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estimated maximum amount of funds, including reserves, in the
custody of the Association (and its management agenE) at any one
time. In connection with such coverage, an appropriate endorsement
io the policy Lo cover any Person who serves without compensation
shall be aaaed if the policy would not otherwise cover volunteers.
Such coverage must name the Association as an obligee'
7.3.4 A worker's compensation polj'cy, if necessary,
to meet the requirements of Iaw.
7.3.5 A policy of 'directors and officers" liabllity
insurance if determined necessary by the directors of the
As sociation.
7.3.6 Such other insurance, and in such amounts' as
the Association shal.l determine from time to time to be desirable-
7.4 Required Provisions.- The insurance policie.s purchased
bytheassffitheextentreasonableandavai1abIe,
contain the followinq Provisions:
7.4.L The coverage afforded by such Policies shal1
or proration with anY insurance
, Member or First Mortgagee.
7 .4 .2 The conduct of any one or more owners or
Mernbers Shall not constitute grounds for avoiding liabilj-ty on any
such policies.
1 .4.3 There shall be no subrogation with respect
the Association, its agents or employees, O"rne-rs, Members'
7.4.6 Coverage must not be prejudiced by (a) any
not be brought into contribution
which maY be Purchased bY an olrner,
i".f.r" of their households or farnilies and employees, and each
Mortguqu" of all or any part of the Property of of- any Lot' or the
poii6yii""l should name said persons as additional insureds; and,
lich poficy must contain a waiver of any defenses- based on co-
insurince or on invalidity ari.sing from the acts of the insured.
7.4.4 A "severability of interest" endorsement sha1l
be obtained which shall preclude the insurer from denying the claim
;; ;;y Ov{ner or Member because of the conduct or negligent acts of
it" eiro"i.tion and its agents or other Owners or Members.
1.4.5 Any "no other insurance" clause shall exclude
insurance purchased by ovrners, Members or Eirst' Mortqagees'
to
or
act
noE
the
any
or neglect of owners or Members rhen suih icE or neglect is
iitr1lri-ir,. control of the Association or (b) any failure of
A".o"iution to comply with any warranty or . conditi?l -t-"Si:9:1!;;;;i;;-;i the ProjeiE overuhj.ch the ALsociat,ion has no contror'
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7.4.17.4.1 Coverage may not be canceled or substantially
modified without at least thirty (30) days (or such lesser period
as the Association may reasonably deern appropriate) prior written
notice to the Association.
' 7.4.8 Any policy of property insurance which gives
the carrier the right to elect !o restore damagre in Lieu of a cash
settlement must provide that such electj-on is not exercisable
without t,he prior written approval of the Association, or when in
conflict with the insurance trust provisions contained herein, or
any reguirement of law.
7.4.9 A recognition of any insurance trust agreement
entered into bY the Association.
7.4.10 Each hazard insurance policy shall be written
by a hazard insurance carrier which has a financial rating as
desi.gnated in Best's Key Rating Guide of Class VI or better, or if
such rating service be discontinued, an eguivalenE rating by a
successor thereto or a similar such rating servj-ce. Each insurance
carrier must be specifically licensed or authorized by law to
transact business wi'thin the State of Colorado.
. 7.4.11 Policies shalI not be utilized where, under
the terms of the carrier's charter, Bylaws or policy, contributions
or assessments may be made against the onmers, Members or the
Association or loss payments are contingent upon action by the
carrier's board of directors, policy holders, or members'
?.5 Non-Li.abilitv of Association/Board/.President. Notlrith-
standing tEe auty bf the Associatron to obtain insurance coverage
as stattd herein, neither the Association nor any Board member nor
the president of the Association nor the Declarant shall be liable
to any Owner, Member, Mortgagee or other Person if any risks or
hazards are not covered by insurance or if the amount of insUrance
is not adequate. and it. shalL be the responsibility of each owner
and Mernber to ascertain the coverage and protectj-on afforded by the
Association's insurance and to procure and pay for such additional
insurance coverage and protection as the owner or Member.ay
desire.
'7.6 Premiums. Prerniu:ns upon insurance policies purchased by
the AssociEtfEi-Jhall be paid by Ehe Association as a Common
i*p"na", excePt that the amount of increase over any annual or
otirer premium occasioned by the use, misuse, occuPancy or
iUi"Jo*u"t of a Lot or its apPurtenances, or of the Comnon Areas'
;t-; O*n"r or Member, shall -be assessed against that particular
Owner or Member.
7,'7 Insurance Claims. The Association is hereby irrevocably
appointed ana--aug[#EEa; subject to the provisions contained
rrlrej.n, to adjust. atI cfaims arising undei insurance policies
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purchased by the Association and to execute and deliver releases
ipon ttre piyment of claims, and Eo do aIl other acEs reasonably
nl"e"sury to accomplish any of the foregoing. The President of the
association has fuII and compleEe Power to act for the Association
i.r- tt,i" regard and may, at his discreEion, appoint an authorized
ieprese.rtative, or enter into an j.nsurance trust agreement wherein
if,!- tr,r"t"e shaII have authority, to negoEiate losses under any
policy purchased by the Association.
l.EBenefit.ExcePtasotherwiseprovidedherein'a]l
insurance poTIETEs purchaJed by the Association sha]I be for t'he
benefit oi, and iny proceeds of insurance received by the
Aiiociati.on or any inlurlnce tlustee shall be held or disposed of
i"-Lir"t for, the Association, the O.rners or the Members, as their
interests may aPpear.
SECTION 8. DAMAGE AI.ID DESTRUCTION OF COI.IMON AREAS
E.lDutvofAssociation.Intheeventofpartialortotal
destructionffias,oranyinprovementsthereon,it
"ni:.f U" the duty of the Association Eo restore and repair the same
ai pro.ptfy as practical pursuant to this Section 8' The proceeds
;; '";y casuarty- insurance maintained pursuant to this Declaration
;;"ii'be used'for such purpose, subject to.the prior rights of
ilorlqug""" whose intereit rnay be protected . by ^ sa.id policies '-n""i6.ition and reconstruction under this Section I shall refer to
itr"-i""to.ation and reconstruction of both constructed improvements
and natural terrain.
8.2 Automatic Reconstruction. rn the event that the amount
available @ny insurance policies for such
i."["iiti"n and repair, together with any uncommitted or unreserved
;;;ia;i of the esiociation, shatt be ar teasr seventy-five (75*)
""i."nt of the estinated cost of rest.oration and repair, atnI."""i.""tion Assessment against each Member and its Proportionate
il;;;;-i"aZot the or'rner of the Lot to which a Regular Menbership is
aDDurtenant, may be levied by the Association Eo provide the
ili""t".v funds -for such reconstruction in excess of the amount of
il;--i;;4" availabte for such purpose. The Association shal]
iiiur"rpot, cause the damaged oi destroyed comrnon -A::1"..-:"- l:i""io.ia to substantially the condition the Common Areas were ln
prior t.o the destruction or damage.
8.3 vote of Mer.nbers. In the event that the amount available
rro* iirl p;oceA;=-ny insurance policies for such ,
restoration
."il'."p":.i, together witir any uncommitted or unreserved capital of
iirl al-r.traEion, shall be Less that sevenry-five (75t) percent of
iiil -""ii.ut"a cost of restoration and repair, the .comnon Areas
"ir.fi-t" replaced or restored unless two-thirds 12/31 of the
Members, at. a sPecial meetinq held for such purpose' disapprove of
"".f,-i"ii"cemeni
or restoration. If ghe Members do not disapprove
il:",;;;;;Ji'i.pru.".enf or resrorarion, rhe Associarion shaLr revv
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a Reconstructlon Assessment aqainst each Member in its
Proportionate Share, and/or the owner of the Lot to which a Regu.l'ar
Membership is aPpurtenant, and cause the damaged or destroyed
Common Areas Eo be restored as closely as practical to its forner
condition prior to the destruction or damage.
8.4 In the event any excess
any reconstruction bY thej.nsurance Proceeds remain after
Association pursuant to this Section, t.he Assocj.ation, in its sole
discretion, may retain such sums in the general funds of the
Association or may distribute all or a Portion of such excess to
the Members in their Proportionate shares, subject to the prior
rights of Mortgagees whose interest may be protecEed by Ehe
inlurance policies carried by the Association. fhe rights of a
Member, an owner, or the Moltgagee of a Lot as to such distribution
shall be governed by the provisions of the Mortgage encu:rbering
such LoE.
8.5 Use of Reconstruction AsselsBents.- AII amounts
colfected shall only be used for the '
purposes set forth in thi.s section 8 and shall be deposited by the
association in a separate bank account to be held in trust for such
purposes. such funds shall not be commingled with any other funds
tf ^tf," Association and shall be deemed a contribution t.o the
capital account of the Association by the Members' Ary
Reconstruction Assessment shall be secured by the lien provided for
in section 6.
8. 6 Contract for Reconstruction. fn the event the
Association restoration of the Comron
Areas, the Association shall contract with a licensed contracEor or
Iandscaper who may be required to Post a suitable performance or
completion bond. The contract with such contractor or contrac"ors
,t uil p.olride for the payment of a specif ied sum f or comPlet j.on of
the wbrk described therein and shall provide for periodic
disbursements of funds, which shal1 be subject to the prior
presentation of an architec!'s, or sirnilar, certificate containing
iuch provisions as may be appropriate in the cj.rcumstances and
deemed suiLable by the Association
8.7 Insurance Proceeds Trust.Upon receiPt bY the
AssociaEion@s, the Association may cause
lhe i.nsurance proceeds to be pard directly to a bank,. savings and
i;;, associatitn, or trust company localed in Garfield Count.y,
Eoio.uao, as designated by the Associatj-on as trustee (Ehe
'Insurance Trustee"l . Such funds shall be received, held and
"d.i.ri"t"t.d by the Insurance Trustee subject to a trust agreenent
..r"i"t""t with the provisions of this Dellaration 6nd which shall'
Uu--."i"."a into betwlen Ehe lnsurance Trustee and the AssociaEion.
Disbursements to contractors performing any repair or reconst!uc-
tion upon the Property shall be made periodically as the work
Excess Insurance Proceeds.
E=rL_-
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proqresses in a
prudent lending
sooxfl910,r r$Lz
manner consistent with procedures then followed
institutions in Garfield County, CoIorado.
by
SECTION 9. CONDEMNATION
'If at any time or tj-mes during the continuance of ownership
pursuant to this Declaration al.L or any part of the Common Areas
sfralI be Eaken or condemned by any publi-c authority or sold or
otherwise disposed of in lieu of or in avoidance thereof, the
following provisions of this Article shall apply:
9.1 Proceeds. A11 compensaEion damages or other proceeds
lherefrom, -fE; sun of which is hereinafter called t,he "condemnation
Award", shall be payable t.o the Association.
9.2 Complete Takinq.
9 .2.L In the evenE. that all of the Common Areas are
or otherwise disposed of in lieu of or
Condemnation Award shall be apportioned
among the owners equally and payment of said apportioned amounts
shali be made payable to Ehe owner and the first Mortgagee on his
Lot j oint.lY,
oa,On the basis of the principle set forth in the
the Association shal1 determine as soonIast preceding ParagraPh,as practicabl-e the share
Owner is entitled.
of the Condemnation Award to which each
9.3 Partial Takinq. In Ehe event that less than the entire
Common Area-ll-Taken or condemned or sold or otherwise disposed of
in lieu of or in avoidance lhereof, the condemnatj-on Award shall
first be applied by the Association to the rebuilding and
replacenent of those improvements on the CoNnon Area damaqes or
taicen by the condemning public authority, unless seventy-five (751)
percent of the Obrners and the first Mortgagees of .each tot agree
otherwise. Any surplus of the award or other Portion thereof not
used for rebuilding and replacement shall be used by the
Association for the future maintenance of the Common Area.
9-4 Mortsaqee Notification. The Association shall give any
firstllortq@writtennoticeofanycondemnation
proceedings or threat thereof and destruction.
SECTION 10. MAINTENA}ICE, REPAIRS AI'ID REPLACEMENTS
10.1 Ovrner,s RespgTrsibilitV. Each ovner shall furnish and be
responsible--T6l]-E- his own expense, all of th,e maintenance,
;;;;i;, and replacements within his own Lot. Each Owner sha1l, at
ti" "of" cost and expense, repair his residence, keeping the same
in a condition comparible to the condition of such residence at. Ehe
taken or condemned or sold
in avoidance thereof. the
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time of its initial construction, excepting only nornal wear and
tear.
10.2 Maintenance of lelnrnen-- iIgE. Except as otherwise
provided aintenance, rePairs and
ieplacements of the Common Areas shall be furnished by the
Asiociation as part of the Comnon Expenses, subject to the Bylaws
and Association Rules. !f, due to the act or neglect of an owner
or Member, or the invitee, guest or other authorized visitor of
either, or an occupant of such owner or Member's Lot, damage shall
be caused to the common Areas or to a Lot or Lots owned by others,
or maintenance, repairs or replacement shalI be reguired which
would otherwise be a common Expense, then such owner or Menlcer
shalI pay for the damage and for such maintenance, repairs and
replacement as nay be determined necessary or apprcpriate by the
Asiociation, to ttre extent not covered by the Association's
insurance. such obligation shall be a special Assessment secured
by the lien provided for i-n Sect,ion 6.
10.3 G"rner's Obligations ,to Rebui14- -If all or any portion
of a resid Y fire or other casualtY'
it shal} be the duty of the owner thereof, with all due diligence,
tO rebuild, repair, or reconstruct such residence in a m.anner which
witf. suUstantia1ly restore it to its appealance and condition
ir "ai"tufy prioi to the casualty. Reconstruction sha]l' be
unJe.taXen-with three (3) months after the damage occurs, and shall
be completed within twelve (L2) months after the damage occurs,
unless prevented by causes beyond the control of the ovmer or
Odners.
If construction shalI not begj-n within three months, the
structure shalI be presumed to be a public nuisance r+hich shall be
io dectar.d by Garfield County District Court upon petition by the
Association. Such declaration shall allow razing of Ehe structure,
It..o"t" of which shatl be borne by the lot owner and paid by the
eisoci.ation to be reimbursed as a special assessment by the Iot
owner.
10.4 Right of Access.. An authorized representative of the
Associatio;; ana-lll contract.ors ' repairmen or other agents
employed or engaged by the Association, shaII be entitled to
reasonable access to each of the Lots as may be reguired in
corrn.ction with rnaintenance, repairs or replacements of or to the
Common Areas or any equipment, facilit,ies o! fixtures affecting or
serving other Lots-and the Common Areas, or to PerfoT.:ny "t :lia.ro"iitio"'t duties or responsibilities hereunder 'A11
;;;;t;;;Ei;t activities sharl access the Proiect throush a
consLruction entry if same is provided'
10.5 Construction in ComLoL.Areag. Nothing shalI be altered
in, COnStrUCted on@e Common Area except on the
written consent of the Association and the Design Review Committee'
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SECTION 11. ARCHITECTURAL AND LANDSCAPE CONTROL
11.1 Appointment of Desiqn B,eview comnittee. The Association
shall have of 5ro-t less than
"""-iff nor more tian three (3) persons, as specified from time to
time'i" tte Design Guidelines by resolution of the Board. The
Ou.iu.unt shall i;itially appoint, the members of ghe Design Review
io^^itt"". The Declarant-shall retain the right to appoint, augment
oi i.pf".e all members of Ehe Design Review comrnittee until the
aut. or Transfer or as otherwise provided in the Design Guidelines'
ifr"ieafter, members of the Design Review committee shal1 be
ipp"i"t"a ty the Board as vacancies arise' Persons appointed to
H;-;;;iq" ieriew Committee, other than those persons appointed by
o""rur.ni, must be Members or satisfy such.other requirements as
i.V--U" -l"t forth in the Deslgn Guidelines. The Declarant
,oiu"i..ily may (but shall not be required.to)-Pernit-the Members
to appoinf onJ o. more members of the Design Review Corunittee at
;;y-'til;. Decisions made by the Design Review Comnittee sha1l be
cairi.ed by a vote of a majority of the Mernbers unless otherwise
,p""i.ii"a'herein, or in thL Design Guidelines of the Association
Rules.
. 11.2 Desiqn Guidelines. The - Design Review comrnittee shal1
establish El6n-E6FlEftZural ru1es, regulations, .restrictions,
aici,itecturaf standaids and design gruidelines (the 'Design
euiJ"ii"."'), which the Design Review Corunittee may' from time to
;;;;-i" its sole discretion, amend, repeal or augrment' The Design
iiiJ"ii""" are hereby incorporated herein and shall be deemed to be
.-p.ri "f this Deciaration and shall be binding on all owners,
llofo"r" or other Persons as if expressly set forth herein' A copy
oi 1fr. current Design Guidelines shall at all times be a part of
It.-er"o"iation's rlcords. The Design Guidelines may include,
".Jng ottr". things, the following restrictions and limitations:
ll.2.lProcedureforsubniEtalofallconstruction
plans to Design Review Committee-
tL.2-2 Tlme liruitatj-ons for the completion' within
specified periods after approval and comnencenent of construction
;i-ih. impiovements for which approval is reguired pursuant to the
Design Guidelines'
1I.2.3 Designation of a "building enveJ'ope" within a
Lot, ttrereUy establishing ti,e maxlmum developable area of the Lot'
il;:";;;;-urirai"q" 'ntv t. excluded from the buildins envelope if
;;;;;;;;'by the Desisn- Revi-ew committee' a1r structures sharl be
:ii";';; JJ.i, tor uy rtre Design Review commitree. unless varied bv
ii!=ir""i!i;;.-;i pirasraph 2i.4 hereafrer, no structure on anv rot
shall be construcsed closer than twenty-fly:. (25) feet to any side
or rear lot Line or closer than fifty (50) feet -from any front
line. In siting a structure' tire peiign Review coNnittee shalL
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soor0910',r'915
approve its location as near to the sPot selected by r-he OHner as
shall not impede or restrict the view plane of other Orners.
LL.2.4 Approval of plans and specifications prior to
the comrnencement of all construction. No building shall be erected
by rneans of other than new construction, it being the purpose of
this covenant to ensure that old buiJ.dings wiII not be moved from
previous locations and placed upon a lot. All structures shal1 be
tonstructed of either brick, stone, Iumber, stucco, or a
combination thereof. The use of cinderblock shalL noE be a110wed
unless it is faced with another material herein approved. A11
driveways and parking areas shall have paved surfaces. No
structure shall be placed or erected upon any lot which is, ever
has been, or could be made the subject of a sPecific ournership tax
as now defined in Title 42 of the Colorado Revised SEacutes, nor
shall structures constructed i.n the fashion and manner as mobile
homes or manufactured housing be a11owed.
11.2.5 Conformity of completed improvenents to Plans
and specifications approved by the Design Revj.ew Commj.tt,ee,
provided, however, as to purchasers and encrunbrancers in good faith
and for vaIUe, Unless notice of nonCompletiOn or nonconfornance
identifying the violaEing Lot and specifying the reason for the
notice, executed by the Design Review Committee, shall be recorded
with the County Recorder of Garfield, and given to the owner of
such Lot within one (1) year of the expiration of the time
limitation described in Section 11.2.2 above, or, if later, within
one (1) year following completion of the improvemenE, or unless
legaI proceedings shall have been instituted to enforce conpliance
or- cornpfetion within said one (1) year period, the completed
improvements shall be deemed to be in compliance with plans and
specifications approved by the Design Review Commit'tee and in
compliance with the architecturaL standards of the Association and
thi; Declaration, but only wit.h lespecE to purchasers and
encurnbrancers in good faith and for va1ue.
11.2.6 The Design Review Committee shall list the
varieties of plants that shall be permitted to be planted on any
}ot. A list of such plants shall be kept on file at all tines by
the Homeowners Association. The Homeowners Association may, from
tirne to time, amend the tist of permitted plants to acid or defete
certain varieties.
L1.2.1 The Design Review Committee or the Homeowners
Association may make rules prohibiting the use of all. chemical
nesticides and herbicides during certain periods of the year, which
lri"r nuy include a provision for Special Assessments to be made in
the eveni of violation of thi's Section and SecEion 11.2-6.
11.2.8 Such other li'mitations and restrictions as the
Board or Design Review Committee in its reasonable discretion shall
.aopt, incluiing, without J'imitation, the requlacion of all
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exterior Iighting, Iandscaping (including without Iinitation
absolute prohibit.ion of certain tyPes of landscaping, trees and
plants), constructi.on, reconstruction, exterior addition, change or
alteration to or maintenance of any building, structure. foundation
system, wall or fence, including, without limitation, the nature,
style, shape, height, materials, exterior co1or, surface texture,
location of any such improvement., and prohibition of construction
duri.ng certain periods of the year.
11.2.9 Special assessments for violations of these or
any other restrictions that the Design Review Committee cleates.
11.3 General Provislons.
11. 3. 1
reasonable fees
specificatsions.
The Design Review Committee may assess
in connection with its review of plans and
11.3.2 The Design Review Committee may delegate its
plan review responsibilities, except final review and approval as
may be required by the Design Guidelines, to one or more of its
members oE architectural consultants retained by the Desigrn
Committee. Upon such delegation, the approval or disapproval of
plans and specifications by such members or consultants shall be
Lquivalent to approval or disapproval by the entire Design Review
Committee.
11.3.3 The addless of the Design Review Comurittee
shall be the address established for giving notice to the
Association, unless otherwise speclfied in the Design Guidelines.
Such address shall be the place for the submittal of plans and
specifications and the place where the current Design Guidelines
shatl be kePt.
11. 3. 4 The establishment of the Design Review
corunittee and the procedures herein for architectural approval
shall not be constlued as changing any rights or restrictions upon
ogrners to maintain or repair their Lots as may otherwise be
specified in this Declaratj.on, the Bylaws or Association Rules'
11.3.5 The Design Review Comnittee shall aPProve or
disapprove any plans and specifications submitted to it' in
a"cordurr.e with the Design Guidelines within such period as may be
specified in the Design Guidel.ines within a maximum of thi.lty (30)
days.
11.4 Approval and Conformitv of P1aqs.. No bui.lding, fe1ce,
wall or o whatever lYPe shall be
co*rn"n""a, erected or naintaj'ned upon the PropertYr nor shall there
U. ."V "dditiol to or change Eo the exterior of any residence or
other struct,ure, irnprovement, or Recreatj-on facility upon a LoE or
ih; landscaping, grading or drainage thereof, including, without
tEL
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limitation, the painting (other than painting with the original or
subsequently approved color of paint) of exterj.or walls, patio
co*reri and iences, except in compliance with plans and
specifications therefor which have been submitted to and approved
by the Design Review committee in accordance with the Design
Cuidelines a! to harmony of external design and location in
relation to surrounding structures and topography. In the event
that the DecJ.arant or its successors allows the common area to be
open to the general public, f.ences.around an olner's ProPert,- in
ctnformance t ith Design Guidelines shall be specifically Permitted-
11.5 Not-ti"bilitv for Ap ' Plans and speclfj'-
cations str@e Design Review Committee as to
style, exterior desrqn, appearance and location, and are not
ipi,ioi"a for engineering design oT for compllance with zoning and
Uirifainq ordinanles, and by approving such plans and specifications
neittrer- ttre Design Review Committee, the members thereof, the
Association, any Mimber, the President, the Board nor the Declarant
speciricatj-ons,- (c) Ehe development, or manne! of developmen! of
uiy ptop..ty within the Prince Creek Estates, or (d) the execucion
inif ^fi.iinq- of an estoppel certificate pursuant to the Design
Crid.ti.r."l whether or not the facts therein are correct; provided,
horu.rur, that such action, with the actual knowledge possessed by
hi^. ,." taken in good faith. Approval of plans and specifications
UV tf." Design Revilw Committee is not, and shalL not be deemed to
;4, a ..p.ei.r,tation or warranty that said plans or specifications
conpfy with applicable governmental ordinances and building codes.
11.6 rnspection and Recordinq of Approval' Any member or
authorized o[unittee' o! any
aritro.:.r"a officer, director, employee or agent of the Association'
may at any reasonable time enter, wj.thout being deemed guilty of
trispass, upon any Lot after reasonable notice as provided herein
io-tir" o*rrer in oider to inspect improvements constructed or being
constructed on such Lot to ascertain that such improvements have
uu"" o. are being built in compliance wlth the Design Guidelines
i"a tf,i" Declaration. The Design Review Coruni.ttee shall cause such
irr-ir,"p..tion to be undertaken within thitty (30) _days .of a request
tfr"refo. from any O.rner as to his Lot, and if such inspection
..""ir" that th; improvements located on such Lot have been
completed in compliance with this section 11 and the Design
;;;e;ii""", the Design Review committee shall provide to such o'rner
l-"oii.. of such appioval in recordable form which, when recorded,
irr"ii-u" conclusivl evidence of compliance with the provisions of
i'fri.- S".tion 11 and the Design Guidelines as to the improvement,s
i"""tiuJ in such recorded notice, but' as to such improvernents
on1Y.
11 7 Reconstruction of Corunon Areas. The reconstrucEion by
the As;oci truction bY casualtY or
;il"t"i;; of any colrunon Areas which is accomplished in substancial
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compliance for such Common Areas shall not require compliance with
the provisions of this Section 11 or the Design GuideLines-
11. 8 Additional Powqrs of the Board. The Board may
promulgaEe ines such additional
architectural and landscape standards, ruLes and regulations as it
deems to be appropriate and as are not in conflict with this
Declaration.
11.9 Reservation of .Riqht to Elercisq bY De.glarant. Notwith-
standing anliEtrEl-provislon-xpressly or impliedly to the contrary
contained iir ttris Dlclaration, the Artic1es, the Bylaws, the Rules
and Regulations or the Regulatory Agreement, Declarant reserves the
right to exercise the rights, duties and functions of the
Asiociation,s Design Review committee until such tirne as all of the
Lots situated on the Property, including any Property and Lots
annexed thereEo and made subject to this Declaration, have been
sold and conveyed bY Declarant.
SECTION 12. USE A}ID OCCUPANCY RESTRICTIONS
12.1 Residential Use. Each Lot may be used only for resi-
dential prirpfiEl-- and none other. No business or cormnercial
building may be erected or any Lot and no business or conrnercial
enterprlse or other non-residential use may be conducted on any
part -theEeof except as approwed under the plat or-_subdivision
igreement. No temporary buildings, structures or trailers may be
eiected, placed or maint.ained on any Lot excePt as expressly
oermitted by, and in compliance with the Design Guidelines- Nothing
Lerein cont;ined shall be deemed t.o lirnit the Declarant's rights as
set forth in Section 15.
12.2 Violation of Law or Insurance. No O+ner or Member shall
Dennj.t anY his Lot or in or uPon any
Eo*^on Arlas which will resuLt. in the cancellat,ion of insurance
thereon or which would be in violation of any law.
12.3 Siqns. No sign of any kind shall be displayed to the
oublic vieilE f rom any Lot or any Comrnon Areas without the
ipproval of the Association or the Design Review Committee, except:
i!i-ir.i, signs as may be used by Declarant in connection with the
ier.lop."tt and sale of Lots in the Project; (b) such signs as may
[.-i.qrir.d by legal proceedings, or the prohibition- of which is
Il".-irt"a by iaw, - (c) such signs as may be reguired for traffic
:;;;;;i-;"d'resuration of common Areas; o1, (d) one "for sa1e" sign
which shall not exceed two feet by three feet.
12.4 AJ.rj.rnals. No anirnals, including horses or other domestic
fu* iri*"fs,-6n:. or poisonous reptiles of any kind may be kept'
;;;; ;; ;.int,aj'ned in any Lot or in or upon any comno.n Area' excePt
a--i"iion"Uf" number of commonly accepged ho-usehold Pet! ln
I...iJu"." with the Association Rules. No animals shall be kePt,
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bred or raised within the Project for commercial purposes. In no
event sha1l any domestic pet be allowed to run free away from its
owner's Lot wiihout a leash, or so as to create a nuisance'
Lot Owners shalI be entitled to keep a dog on
pursuant to the following restricti.ons anci
(a) No more than one (1)
lot Owner at any time on anY one lot.
dog shall be kePt bY anY
12.4.1
their ProPertyIimitations:
(b) Dogs shall be kept under the control
o.rner at aII times and shall not be permitted to run free
cause a nuisance in the Subdivision'
(c) Dogs shall not be allowed to bark
continuously, whj.ch shilI be defined as barking for a continuous
15-minute Period.
(d) Dogs sha1l be leashed or kenneled at all
times.Metalfencingwi.llbeallowedforthePurposesofkenneling
;- a.;. Location oi kennels shall be subj ect t.o _r-eview of the
O""l!" Review Committee. Kennels sha1I be installed prior to
issuance of a Certificate of Occupancy.
(e) AII Iot owners shaIl keep animals reasonably
cLean, and all lot.s shall be free of refuse, and animal waste'
(f) The Association shall assess and enfcrce
penalties against o.rners violating the restrictions applying to-u"i.if. as follows: one Hundred Dollars (S100) for the first
"iofition committed by an Owner's dog; Two Hundred Dollars (5200)
foi- tfre second violation; Three Hundred Dollars ($300) for the
ttrira violation, and for each succeeding violation the fine
i"...u""" in One Hundred DolLar ($1OO) increments' Should any dog
A;;; or molest deer, eIk, poultry, or any donestic animals or
".iion", or destroy or disturb proPerty of another, the Association
'";;ii be authorized to prohibit the property Owngr or residenE from
lo"iinuinq to maintain the offending animal on his Property anci nay
;t;;;;; oi th"t animal, if necessary, to protect' wildlife or other
o"-!i;" domestic ani.mais, persons or property' The offending dog
;;;;; in"tt u" provided *.itt"n notice of such action at reast two
i)j'-a"v" before disposal occurs. rJithin such two-day period, the
;;i.;Jitg dog shall be kenneled at a licensed kennel' Al1 charges
I"""Ii"t"a *ith action taken by the Associatj-on may be assessed
;;;i;;I-.irfr"r the Lot Owner and/or the dog owner, or both, a! the
Aisociation's sole option.
12.5 Nuisances. No owner or member shall permit or suffer
anythinq to-TE aotre or kept about or within hj's Lot' or on or about
the ProperEy, wnrch will obstruct or interfere wilh the rights of
6ther O.rners, Members, occupants or Persons authorized to the use
;;;="r;;y*u"i or lhe common Areas, or annoy them by unreasonable
of r-he
or to
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noises or otherwise, nor will he commit, or permiE any nUisance or
commit or suffer any illegaI act to be coNnitted therein. Each
owner or Member, shall comply with the Association Rules, the
iequirements of aII health authorities and other governmental
auLhorities having jurisdiction over the Property'
12. 5 Boats, RV's and Motor. Vehi.cles. ExcePt as . -specif ically
permj.tted bo boats, trailers, buses'
motor homes, camPers, snowmobiles, four-wheelers, or other vehicles
shall be parked or stored in upon a Lot excePt within an enclosed
;;;;;. oi fulry screened area as permitted by- the Desisn
6uid6lines, (b) no vehicle shall be repaired or rebuilt in any Loc
or upon the Comnon Areas; and, (c) nothj.ng shall be parked on -'he
Streits for longrer than 24 hours. The Association may remove, or
""r". to be remoied, any unauthorized vehicle at the exPense of the
O{ner thereof in any manner consistent with law'
l2.TLiqhts.Nospotlights,floodliqhtsorotherhiqh
intensity rr6nt-inq shall be placed or utilized upon any. Lot, which
i;-;;t ^"rrr,& wiil allow light to be directed or reflected upon
Common Areas, or any Part thereof, or any other. Lot' or any
neighboring property. Security lighting is subject to this
f.o.li"iot ind-must be shielded and directed downward'
No radio, tetevision or other antennas of
device for the reception or transmission
other simil.ar signals, shall be placeci
)
12. 8
kind or :
radio, microwave or
any
of
or
the
Amaintained uPon any Lot except as h.y be perm-itted by
associat:.on Rules oi in accordance with the Design Guidelines'
fully shielded satellite dish is acceptable.
12.9 Garbage. No rubbish, garbage or trash, or other waste
naterial strETI-U? kept, or permitted on any Lot so as to be visible
iiom a"ottrer LoC or the Common Areas. No incinerators shall be
k;;a or maintained in any Lot. No refuse pile, garbage or
un'siqirtfy objects. shall be allowed to be placed, accumulateci or
iuffered- to rernain anywhere on a Lot. Trash removal shall be
accompfisi,ed through contract negotiated by Association Directors
and bi]led as Part of the regular assessment'
12.tO Safe Condition. without limitlng any other
o.ori"io" in ttrl3JffiiTTE?tr or"rner shall maintain and keep his
i.i-lt-ii:. times in a safe, sound and sanitary condition and repair
."J itraff correct any condition or refrain from any activity which
iioiri i"t.sfs1s with the reasonable enjoyment-by other owners or
li.ilur= of their respective Lots or the cornmon Aleas '
12. 11 Fires. Other than commercially manufactured
u".u"iu'uJ^ or p;o-"trv .Ln.tiu"t"J--tu.lu.u" pits or .gri11s, lnd
--i LL- n^-i ^n
IJalIpEgusD vr ar--r';i;;;;;;- iri-.o'*piiunci with the Association Rules and the Desisn
Guidelines, or as otherwise expressly permitted -in. th-e Association
Ril;;;-;;-tp!tt tit"" shall be permitled on the LoEs nor shall anv
34
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other similar activity or condition be permitted which would tend
to increase the insUrance rates for the Common Area, or for other
O!.rners.
L2.t2 Clothes Drying Area- No portion of any Lot shall be
used.as a dryin@ for laundry of any kind unless
totally screened- from view, it being the intention hereof that all
such iacilities sha1I be provided within the buildings to be
constructed on each Lot.
12.L3 Swimmlnq Pools. No swimming pools or tubs sha1l be
placed outside;T-T#Jo-nstructed building envelope on any lot,
Lxcept as may be integrated-with the general construction and as
;;y t" permitted by the Associati-on Rules or in accordance wit,h ghe
Design Guidelines.
12.14 !{eed CS!!rg-!. It shall be Lot owners
responsibility 6--E6icI6I--EIf weeds and thistLe on their entire
lot. Faituri to control all weeds and thistle can be remedied by
the HoA and a special assessment issued.
12.L5 No obstruction to Prainage.-- No -owner shal1
erect. construc@I1ow any fence or other
i^pioir".""t or other obstructlon which would interrupt the normal
aili""q" of the land or within any area designed on a Plat, or
;[h;r Uinainq document, as a "drainage easement", except that, with
the prior consent of the county and Ehe Design committee, non-
perminent, structures, including fences, may be erected in Chose
iiu"" which contain only underground closed conduit storm drainage
facilities.
],z.t6 Rental of Lots. An owner who leases his Lot to any
person snall be-rElpons][IE for assuring compliance by his lessee
;iih alt of the piov1sions of this Declarat.ion, the Articles,
i,iur", Association Rules or Design Guidelines, all as amended and
"ippf".""ted frorn time !o time, and shall be iointly and severally
reiponsible for any violations by his I'essee thereof.
12.L7 Sewaoe Disposal. Each residence shalJ contain at
Ieast one (1) -f[fiy-eqrilPPed bathroom. AtI sewage shall be
ai=posea of by means of an- individual sewage treatment facility or
;;ii; tank and leachfield approved by the Colorado state Health
n"I.itr""t or Iocal healt.h jjencies having jurisdiction thereof'
;;;;; "h.It maintain such trLatment facilities in good operaEins
condition.
12.18 Resubdivision Prohibited. The resubdivisi'on of a
r ar hv an indivrffirohibited. Boundary line
;;;";'..;;" "iiiii't do not result in the creation of addit'ionar locs
shill not constiEute resubdivision.
AL
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!2.tgEencesandHedqes.TheDesignReviewcomnittee
must approve t@tion of a1l fencing prior to
i"iiuffutio". Only wboden fencing shall be permitted within the
!rUai.ririon, with limited exceptJ.ons pertaining specifically to
;;;J;"r, kennels, or other elements where a wooden fence would not
ierve the purpose desired, be it to keep animals in an enclosed
u."u or to- keep witdlife out of an enclosed area. Barbed wire
i.".i"g shall be prohibited. The Design Review Committee shall
E."iia6r how the flncing will affect wildlife. wood fencing shall
not er"""a forty-two tiZl j-nches in height, shall- not have more
[frin -two l?\ horizontal poles, and the bottom pole shall be at
i"i"t t"""ty-four (24) inihes off the ground. No f-ences or hedges
sha1l be constructedr 9f,own or maintained on any 1ot higher t'han
"i.-lgf feet above ground leveI, but this restriction shall not
appty to patio fences attached to dwellings'
L2.2ogloodburninqstovesSngFireplace.s.Eac,hlotwithin
the Subdivision ng cr installing an
o"""- rr""rth solid fuel burning device or a woodburning stove.
oi.ifi"s shall be entitl.ed an unrestricted n,:nber of natural gas
burning fireplaces or appliances.
:I2.2tEnforcement.TheAssociationoritauthorized
agents may enter-anl-f,6Eh which a.violation of these restrictions
"iirt" and may coriect such violation at the expense of the Owner
Ji-a".t, l,ot. Such expenses, and such assessments as may be imposed
ir.=u.r,t to the Bylaws, Association Rules or Design Guidelines,
!ir"fi- U" a Special Assessment secured by a lien uPon such Lot
enio.c"aure in accordance with the provisions of section 5 hereof.
.tii-.e*eaies described in section 14 hereof and a.Ll other rights
u"a i"^uaies available at law or eguity shall' be available in the
event of any breach by any o{ner, Member, occupant or other Person
of any provision of this Section 12-
12.22 Modificati'on. The Board rnay modify o-r waive the
foreOoing restriTEI6i--EfEherwise restrict and 'regulate the use
"ia-6l"ri"ncy
of the Property and the Lots by reasonable rules and
I.ouiutii"" of g"rr".al applicatlon adopted by the Board from ti-me
lo'ii^" which shalt be incorporated into the Association Rules.
SECTION 13. RIGHTS OE EIRST MORTGAGEES
1? 1 cpneraL Provisions. Notwithstanding and prevailing over
"r* oail-, ;16vGlon-s of E51s Declaration, the Alticles, Bylaws,
ili""i"l;r,'nrr"r or Design Guidelines, the following Provisions
ui.ii-.ppry to and benefit each holder of a First Mortgage upon a
LoL.
13.2 Liability for Assessmentg. A Eirst Mortgagee who comes
into possessj.on o-5e-clme;-=co-1:d owner of a mortgaged Lot by
iiitu"--of foreclozure of the Mortgage, or through any eguivalent
pii.""aGs,- such as but' not I'imiied to the Eaking of a deed or
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assignment in lieu of foreclosure or acquiring title at a trustee's
sale under a first deed of trust, or any third (3rd) parly
purchaser at a forecl,osure sale or trust.ee's sale, will not be
ii"Ul. for such Lot's unpaid dues, charges or Assessments which nay
accrue prior to the time such Eirst Mortgagee or third (3rd) Par:y
lurchaser comes into possession_of such Lot or becomes record owner-oi-1f," lot, whichevei occurs first, and shall. acquire title free
ind clear of any lien authorized by or arising out of the
pio"iiio"" of thii Declaration which secures the payment of any
i""", charqes or Assessments accrued prior to the-time such Ei:sC
llo.tg"q"" -o. third (3rd) Party purchaser either comes into
poi"E"iio" of such Lot or becomes record Owner of the Lot. Any
irr"i, unpuid dues, charges or Assessments against the Lot forecloseci
"i,uff Ui deemed to be a Common Expense charged proratably against
all of the Members. Nevertheless, j.n the event the owner or Meri:er
ioainst whom the original Assessment was rnade in the purchaser or
rEJe.pti.o"er, the ]ien sha]l continue in effecE and may be enforceci
;y-ili" Association, or by the Board, for the respective Lot's
Aisessment that was due prlor to Ehe fj.nal conclusion of any sucn
forecfosure or equival".rt p.o.eedings. Furt'her, any such unpaid'
ei."ii*""t shall continue Lo exist. as the personaj. obligation of
lir. a"f""ltlng Member and the defau]-ting owner of the respeci:ve
i;i t. the asiociation, and the Board nay use reasonable efforts :o
"oiiu.t the same from said Member and/or o"mer even after he is no
iorrq.. a Member of the Association or the Owner of the Lot'
13.3NoPersonalLiabilitv.AEi.rstMortgageeshallnotin
any case or mannel-EE-ld!6iElly liable for the payment of any
Aai"""a"nt or charge, nbr the observance or performance of any
to"""""t, restriction, or rule and regulation of the Associ.ation,
or any provision of the Articles or Bylaws, or any managerenE'
"qr".^"t i, except for those matters which are enforceable by
iil"n.ti"" or otirer equitable actions, not reguiring the Paymenc of
.-n"y, except as specifically provided in this Section 13'
13.4 Enforcernent After Foreclosure s.a1q. An action to abaEe
the breach ons, restrictions' and
reservations may be brought against the purchasers who have
,Iilir"a title through foreclosure of a Mortgage and the subseq:ent
;;;;;I;;".e of trustee's sale (or through aly. equivaient
"Ii.""Jirs"l, and Ehe successors in interest to said Purchase!s'
:;";--th.Gh the breach existed prior to the tine said purchaser
acquired an interest in such Lot'
13.5 Exercise o,f ownerls Riqhts. During th.e pendency of any
o.o"""Jinqs@gage (inttuding any period cf
;";;;il;;i ". iio^ the time a trustee under a first deed of "!ust;;;-;i;"" notice of sare pursuant to power of sare -conferred uncer
a aeed of trust and pursuant to the law' Ehe First MorEgagee' -or-a;";;;;";-"ploi"t"a in any such action, may but-need not exercrse
;;;-;;;f'oi ti," riqhti and privir"s"" of the orvner in defaulr
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including, but not Iirnited to, the right Eo vote as a member of the
essociation in the place and stead of the defaulting Owner.
13.6SubiecttoDeclaratio+.AtsuchtirneastheFirst
Mortgagee ffion of or become record Or'rner of a
iot.:ttr" First Mortg.ge" ih.ll be subject to all of.the terms and
"onai.tion" of this -oeclaration including, but not f-inited to, the
ottigation to Pay a}l Assessments and charges accruing thereafter,
in the same manner as any other Otrner'
SECTION 14. REI.{EDIES
1tl . 1 General RenCdi-e-C.. In the event of any default by an
o.rner, Member, occIFiffii other Person under the provi'sions of
this Declaratj.on, ttL atticfes, Bylaws, Association Rul.es or Design
Guidelines, the estoci"tiot, or i'ts successors or assigns' or its
;;;;a;; or'rhe oecr-a-rant, shalI have_ each and all of rhe rights and
iE."ali" which may be provided for in this Declararion, the
ArticIes, Bylaws, associaiion Rules or Design Guidelines' or which
i"v-u" avaiiable .i-r., or equity,-and may prosecute any action or
.[ir.i proceedings against such defau]ting owner' Memb-er' occuPant
or other Persons -fo. an injunction, r'hether affi-rmative or
i"quii"u, or for enloicement ir foreclosure of the lien herein
pi6"ia"a and the appoinunent of a receiver for the Lot' or for
iu.uq"., or specific performance, or for judgment for payment of
;;;y ind coliection [irereor, or the right to take. possession of
ite iot and to rent the Lot and apply the rents received to payment.
oi-unpai.a Assessments and interest accrued thereof' and to selI the
s"r" ^"" hereinaftei in this Section 15'1 provided'. or for any
"o^Uin"tio' of r".ediei or for any other relief, all without not'ice
and without reqara to- ttre vatue of tf'e Lot or the solvency of such
Owner or Member. it.-p.o"""ds of any such.ren*al..or sale shall
ii.st U. paid to ai"itu.qe court costs' other litigation costs'
in-f,rai"g without. Iirnitation reasonable attorneys' fees' and alI
o[n". "*punses of tt" pioi".aing and sale' and all such items shal]'
U.- tu*ua agai.nst- th;- aefauttinq o''ner or Member in a final
lraq ".rt. Any u"f"""" -oi procdeds after satisfaction of such
lrriiq"" and any ""p"lJa"*sments hereunder or any Liens shall be
i.la't. Ehe owner or Member. upon the confirmat.ion of t.he sale,
[ir"-pur"tr.sers thereupo"-"niff bi entitled to a deed go the Lot and
to imrnediate possessj.on of the Lots and may apply to the court for a
i.it of restitution for the purPose of acguiring such. possession'
""a- ii shall be " .onaition of any such sale, and the judgement
Iii"ri so provide, that the purchaser sharr t'ake the interest in the
iiop".ty iold subject to this Declaration'
The Homeowners Association shall also have the right .to make
rules providinq fl."-p1-rr-Jf-t-iu" to be assessed to a Member f or
viofation of any provision herern' provided' however' thag each
;;;a--;;i" shali - state the purposl for the assessment' the
distribution p.o."ai,i-.'"ro.-"-speliai. asses=*"nt proceeds, and the
i.r"ont"l responsible for enforcement'
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14.2 Expenses of Enforcement. Al,l, expenses of the
Association or the Declarant, or other Person qranted rights of
enforcement hereunder, in connection with any action or proceeding
described or permitted by t.his Section 14, including court I cost,s
and reasonable attorneys'fees and other fees and expenses, and all
darnages, liquidated or otherwise, together with interest thereon
until paid at Ehe Default Rate of Interest, shall be charged to and
assessed against such defaulting owner or Member or other Person
and shalI be a Special Assessment against such Orner, Member or
other Person and the Association shall have a lien as provided in
Section 6 therefor. In the event of any such default by any O'rner,
Member, or other Person the Association and the Declarant, and the
manager or managing agent of the Association, if so authorized by
the President, shall have the authority to correct such default and
to do whatever may be necessary for such purpose. and all expenses
in connection therewith shall be charqed to and assessed against
such defaulting O.rner, Member or other Person as a SPecial
Assessment, which shall constitute a lien against the defaulting
owner or Member's Lot as provided in Section 6. Any and aII such'
rights and remedies may be exercised at any time and from time to
t.ime, curnulatively or otherwise, by the Association or the
Declarant.
14.3 Leoal Action. In addition to any other remedies
availabre under this section 14, if any olrner or Member (either by
his conduct or by the conduct of any occupant of his Lot or family
member, quest, invitee or agent) shall violate any of the
provisions of this DecLarationr or the Articles, Bylaws,
Association Rules or Design Guidelines, as then in effect, then the
Association, the Declarant, or any affected or aggrieved Ovner or
Member, shall have the Power to file an action against the
defaulting Ov.rner or Member for a judgment or injunction against the
owner or Member or such other Person reguirj.ng the defaulting
owner, Member or other Person to comply'with the provisions of
this Declaration, or the Articles, ByJ.aws, Association Rules or
Design Guidelines, and granting other appropriate relief, including
money damages.
14.4 Effect on Mortqaqe. Anything to the contrary herein
notwithstailfiA, anr Ereach of any of the covenant.s, restrictions,
reservations, conditions and servitudes provided for in this
Declaration, or any right of re-entry by reason thereof, sha11 not
defeat or adversely affect the lien of any Mortgage uPon any Lot
but. except as herein specifically provided, each and alf of said
core.ra.rts, restrictions, reservations, conditions and servitudes
shalf be tirrdirrq upon and effective against any lessee or owner of
. f,ot whose tiile thereto is acquir-d by foreclosure, trustee's
sale, sale, deed in Iieu of foreclosure or otherwise.
14.5 timitat j.on qn the. Declgran!'s ,Lia.bilitv' Notwith-
standing a resslY agreed
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that neither the Declarant (inc]'uding hrithout. limitation any
assignee of the interest of the Declarant hereunder) nor any
partier in the Declarant partnership (or in any such assignee)
ihull hur" any personal liability to the Association, or any o'wner,
Member or other Person, arising under, in connection l{ith, or
resulting from (including without Iimitation resulting from action
or failure to act with respect to) this Declaration except, in the
case of the Declarant (or its assignee) to the extent of its
interest in the property, and, in the case of a partner in the
Declarant (or in any such assignee), his interest in the Declarant
(or such assignee), and, in the event of a judgment against the
Decl_arant (or any partner or assignee thereof), no execution or
other action shafl be sought or brought thereon against any other
iii"t", nor be a lien uPon such other assets, of the judgment'
debtor.
SECTION 15. AI{ENDMENT
15. 1 Amendment to DPclaration. Amendnents to this
oeclaiation trument in writing entitled
ie^.narn".rt to Declaration" which sets forth the entire amendment'
e*i"pt as otherwise specificalty provided for in this Declarati.on,
,i"-'"roo""ed amendneni must be approved by a .majority of the board
piioi ti, its adoption by the Members. AmendmenEs may be adoPted at
i-^L"Ci"g of t.hi Members upon the approval thereof.o-f two thirds
1Z/ii of alf of the Members or without any meeting if al1 Members
hive' been duty not.ified and if two thirds (2/31 of a.Ll of the
ll"*t".u corrserrt in writing to such amendment. In all events' the
.r*.ra*.rrt when adopted sha}l bear the signature of the president of
t.Ue es"ociation and shall be attested by the secret.ary, who shall
"-tit. whether the amendment was properly adopted, and shalI be
acinowfeaqed by them as officers of the Association. .Amendrnents
on"" propirly adopted shalI be effective upon recording of the
A^"naoi""t Eo beclaration in the appropriate qovernmental offices.
15.2 Effect of Amendment. IE is specifically covenanted and
'o,""JLhat@hisDec1arationProper1yadoptedwiI1u3--compretely effective to amend any and alI of the covenants,
II"aiti'o"" and restrictions contained herein which rnay be affected
;;;-;;t or all clauses of this Decraration or the Plat' unless
I't["*i". specifica]ly provided in this Section bei.ng amended or
the amendment itself'
15.3 Amendment o! llqt. Except as otherwise provided herein'
the Pr;t #t-5;-6ia;-d by revised versions or revised portions
iirI."J-."ferred to and described as to effect in an amend:nent to
i-i,i"- O".furation adoPted as provided for herein. Copies of any
"u"i, piop""ed amendrnent to the PlaE shall be made available for the
Ii" ii.i'1o" of every Member at the offices of the Association
;;;i;;- -;sonable times . such amendment' to the Plat sharl be
effective once properly .adopted, upon recordation in the
appropriate governmeniat 5ffice -in conjunction with the Declaratlon
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amendment. Declarant, or assigns rnay amend any portion of the plat
without member or Association approval.
15.4 Required Approvals. Notwithstanding the provisions of
the foregoins=;El#=T-Tis section 15, if this Declaration or
any applicable provision of law requires the consent or agreement
of- ait Members and/or owners and/or all lienholders and all
trustees and/or beneficiaries under trust deeds, or a specified
percentage thereof, for any action specified in this Declaration,-th"r, urry instrument changing, modifying or rescinding any provision
of this Declaration with respect to such action shall be signed by
all 0f the Members and/or al1 lienholders and trusEees and/or
beneficiaries under trust deeds, or the specified percenEage
thereof, as required by this Declaration or by said Iaw.
SECTION 16. GENERAL PROVISIONS
16.1 Notices. Notices provided for in this Declaration, or
the By1aws-6ilffiociation Rules, shall be in writing and shall be
addreised to the Association at the address specified in the
Bylaws. The Association may designate a different address or
ald.u"""s for notj.ce by giving written notice of such change of
address to all omers and Members at such Eime. All notices to
owners shall be to their respective Lots or to the last address
shown on the records of the Association and to other Members at the
last address shown on the records of the Association. Any Member
may desj.gnate a different address or addresses for notices to him
by- giving written notice of his change of address to the
R3sociation. Notices addressed as above shall be deemed del'ivered
when mailed by united states registered or certified mail, or when
dellvered in person with written acknowledgment of the receipt
thereof.
15.2 Captions and Exhibits; Constructioq. Capti.ons given to
various Se of Contents for this
Declaration, are for convenience only and are not intencied to
modify or affect the meaning of any of the substantive provisions
t".uoi. The various exhibils referred to herein are incorporated
as though fully set forth where such reference is made. The
frovisions of ttris Declaration shalL be liberally constlued to-eifectuate its pulpose of creating a uniform plan for the
J"""fop."nt and operition of the Property as hereinabove set forth.
16.3 Severabilitv. If any provisj.on of this Declaration, the
Artic1es, E iaws, Association Rules or Design Guidelines, or any
"""iio", cIause, sentence, phrase or word, or the application
i[.i."f in any circunsrance, -is held invalid, the validity of the
i"^"i"au. of this Declaration, the Arcicles, ByIaws, Associatj'on
R;I;; or Design Gurdelj.nes, and of the appj'iciti-on of any such
rrll"i"io", section sentence, clause, phrase or word in any othe:
Iii"irnriui'r""", shaIl not be affected thereby, and the renainder of
iti" i".iuration, the Articles, Bylaws, Associat.ion RuIes or Design
t|hrL__
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Guidelines shall be construed as if such invalid Part were never
included therein.
15.4 Mortqaoe of Lots. Each o{ner shall have the right,
suUjeci to6;E;18l6;-hereof, to make separate Mortgages for
[i"'i""p".tive Lot. No Mernber shall have Ehe right or authority to
make oi create or cause tO be made or created any Mortgage, or
other lien or security interest. on or affecting the Property or
i"V p".t thereof, except only to t'he extent' of his Loc'
ls.5PowerofAttorney.Whenevertheissociationisgranted
riqhts, prfiiffiges- or- duEGs in this Decla:ation, lhe President
ifriff t."u the authority to act for the Association' unless such
Iiq[I ""a power is herein expressly.reserved Eo the Board. Eurther,
,r.ri."" othlrwise specifically restlicted by the provisions of this
O".ii.utio", wherever ghe Association is erpowered to take any
iction or do any act, including but not lirnited to action or acts
i.r-"o""..tion with the Common Areas or sale Ehereof, which may at
any-time be deemed to reguire_the act of an o,rner or Member, the
ouri"r" and Members and each of them hereby constitute and appoint
itr.-A""o"iati.on as their attorney-in-fact, as may be appropriate,
for the purposes of taking such aition or doing such acts including
[u[ "ot'Iimited to exeiuting, acknowledgj.ng and delivering any
i.n"tr"t""ts or documents necessary, aPpropriate or hej'pful for such
i".".i.". It is acknowledged -that- this Power of .attorney is
iril"".uUfe and coupled with an interest and by becoming a nember
"i-itr. Association tr by the acceptance of a deed for a Lot or by
siqninq a contract for purchasg of a Lot or by succeeding in any
Ilf,"i ,i.""er t.o Ehe owneiship of a Lot, or any interest therein, or
l-^.^U.r"irip in the Associitlon, each Ovrner and Member shall be
a."^"a and construed Eo have ratified and expressly granted the
above Power of attorneY.
16.6 Domestic water. The domestic water supPly shall be frorn
a central ;ater syscero "hich shall be operated by the Association.
lu"f, ".t.r shali be for domestic in-house use only and the
iiiiquti"" of up to 14,500 square feet of erlass, shrubs, trees, or
;;;;; foliage on each lor ai permitted by the Associarion. AfI
;;;;; ,;" ir,urr be metered bv v,ater meters approved by the
iIio.l"ii.". Agreements and/or additional Rules and Regulations
"""".iri"g
the use and operation of the water system tnay be
;;;;;t;a;'proposed, and adopted by the Associat'ion to arrow for the
efficient use and operation of such system'
SECTION 17. RIGHTS AND OBLIGATIONS
Each grantee of Declarant or the Declarant, by the acceptance
of a aEua -of corrr"y"n.", or each purchaser uncier any contract for
Ir"t J""a of conveyance, or each purchaser under any agreemeng of
;;l;,;; each Person acquiring a membership in the Association' and
the heirS, successors and assigns of the foregoing Persons, accePts
il; ';;;' subject Eo alI restriction, conditions, covenants,
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reservations, Iiens and charges, and the jurisdiction, rights and
powers creaEed or reserved by t.his DeclaraEion, and all rights,
tenefits and privileges of every character hereby granted, created'
reserved or declared, and all impositions and obligations hereby
imposed shaLl be deemed and taken to be covenants running with the
land'and eguitable servitudes, and shal-I bind any Person having at
any time any interest or estate in said land, and shall inure to
th; benefit of any such Person in like manner as though the
provisions of this Declaratj.on were recited and stj.pulated at
length in each and every deed of conveyance, purchase contract or
instrument, evidencing or creating such interest-
IN WITNESS WHEREOF the Declarant has set its hand and seal
this /4 daY of August, 1994.
Connie Hicks
STATE OF COIORADO )
) ss.
COUNTY OF GARFIELD)
Subscribed and sworn to before me
1994.
Witness nY hand and official seal.
rhi-s lsr day of o"nY,:,.,,.
My commission exPires:,/z/zo
[aurence C. Gruel
h.-.
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(303) 945-1004
FAX (3031 91s-5948
lrcfittFs:S^
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E(HIBIT ''A"
PRINCE CREEK ESTATES
LEGAIJ DESCRIPTION
!'A parcel of land siEuaEed in LoEs 6 and 7' section 11' Township I
souEh. Ranse 88 wese*Ii-Ih!'-si*ir' Principal.Meridian' -!:Yl:v "f
Garfietd, sEaEe ot i"i;t;;;,*!iia ptt""i'utit's more ParEicurarlv
descri.bed as follows:
Beoinning aE a Point whence Ehe wiEness corner for che southwest'
coiner of said s""cior,"ii-bears south sr Jeg;es 36.minutes 26 seccnds
HesE (S 51o36'Ze'Wil"a di.=ii"." of .-1-583'11 feeE' ; thence' NorEh 0'l
desrees 21 minutes si;t;;;;; wesE (N o4;'i's4n vt)' a distance of
{06.80 feeE; Ehence, onds wesE (N 9oooo,oo" r{), a- llorctr io degr"es oo minuEes 00 sec
disE,ance of 194.95 feec', thence'
Noruh oo a.gt".s Oil minuces 00 seconds EasE (N ooo0o'00" E'' a
distance of 129.55 feeE; Ehence'
Norgh 64 a.gt."=-ii minuEes 19 seconds WesE (N 64"23' 19't{)' a
discance of 385'52 feec; Ehence'
North 28 aegre"s-oi minuEes 30 seconds EasE (N 28o05'30'El' a
disr.ance of 224.2e ilei-uo i poinr "" "-i"n."iine described aE Book
s{9, Page 273 )-1 cne-oirice-oi th" Garfi'Id councy clerk and
Recorder'si Ehencer
NorEh 89 degrees 42 minuEes 26 seconds EasE (N 89o42'26" El'
alonq said fencerine described in Book iai-"u page 223 and Book 579 at
irii=ziz a disEance of 19?'80 feec; Ehence'
souEh ?1 degrees 30 minuE'es z: "tt""a" EasE (s ?1030'23" E)'
,rorro-IIiI fenceiine a dist'ance of 175'19 feeE; Ehence'
souEh 68 degrees lo minuEes rl seconai-EasE (s 68030'1{' E)'
alonq a fenceline described in Book sl6-"[-pig" ziq a disuance of
Lo2.i4 feeE; Ehence,
souEh 89 degrees 46 minuEes 53 seconds EasE (S 890{6'53'E)'
"rono-IIi] i.tt."iit" a disEance of 416'99 feec; Ehence'
souEh oo degrees 33 minutes sg seconas-easu (s 00033's9" E)' a
disEance of 565.38 feeE; thence,
SouEh 04 degrees 42 minuEes 01 seconds EasE (S o4o42'01'El'
alonq Lhe sast line-of;;;;;;i of fanJ-aescribed in Book-530 aE Page
iiI"Br-".ra-carfield-iorniy-i""ords a disrance of 234.05 feet;
ir,""." leaving said Easc line'
Norch 90 degrees 0o minuEes 00 seconds wesE (N 9ooo9'oo" }ll' a
disEance oE 434.g2 ieet ro utre point oi beginning' Said parcel
.""["i"" L2.073 acres' more or less'
goor0910.:irg30
l18 West 6th. Surle 200
Glenwood Spnngs. CO 81601
1:"
--
l--
08/02/98 11: 06 c303 045 .loAs_-_scu
: . WELL
srATE oF coLoEADo, oFFlcE oF nri sian
w-25627
INC.!il :ltu.r'. lJUJUZTlgUj
hgt{t- brandtex EargniEel memo 7E7l
@ooz
,d!!1q> ,/
9I{,tIEFiENAME(S) al-rtigs43 Allco,
lsffngAddrcss, 1215 Er:iacc C"==* no"aCry, SL frp Carb@da.le, Ca. gieZg
^FFffi/ALTGflE't.STS
ITEI.I.OCATION AS DRII r PN :
DIS|.ANCE FHOM SEe UtrlES I. R. raom
Nr 1t4 tfE
Sec. Une.And
Str-.
FL From
Blsc(
L{ Tvp. 8S Range Bgf
Sec.Une. Or
FttJI.IcI (UNrq.
SIFEETADDRESS Ar \{EIJ- LOCATION :
GFOI.'ND SI,JRFACE ELE\/ATIO.I ft, DRII.IJNGMET}TOO :.TOTALDEPH 181 rL
Iir Eotary
COMFIETEDDEPTH 181
_ ilDeCl.dErtsl (S..GkTrrald \r,ra{g. Locil€d!
Kind Was$as Frorn(il To
WATEILoAIIED : 155-158
FIEMAFII(S;
.
8. FiharPack
t{alerEleh
A Far*aiPlaement
Type
DepEt
10. GFTSUTINGFEOOFIE
$IELLTEST DATA : I I ch€ck Bn tf rest Dab ls submitted on $uppternsnral Fonn-
TE$TING METHOD: Air rEGtressoc.
seilc Level: 15u t Dar€/TimeMeasned a5/ig/95Rlmdngland: Tetal {L Dae/frmeMeasured TE/Ag./gSFlgaarl€:
Produaicn Rara 15
rest t.enEifi (hts) 2
CONTRACfOR: S,I'EItm' killinsi Co- Fhone: 303-922-4182 Lrc, No. 1895
J{rarrll (Fllrr7}prqRal
Srtrat efuIttre' z k-l,dost
E @0loGfri r-oci:
FIt F NNPY
FROM : AOUR TEC S'/STEMS, INC.PHONE N0. : 3A3 9A4 A3t2
ulELL TEqT F.OR$
PA2
IB
IHP
,RTACE
HE OI
AY
t@ ffi'; 44\oaouxo.i&;
UT{ER CASIMI,PUHP gETNHO-
utr&,b,5-
RECsvEty
RECEIVED J
/ tualb*ll/ r$rvxt/ttMcfi0t?*fly_rc
/tr*",n%itrYI /?/6)@5
l2
CUSIOMER AOOFE36
C,R
CARISONOALH CO :
hJEI-L WATEiR
OEALEH AOOHESS
IP-O. BOX 488
GLENhJOOO $PIIING, CD A1602-
NoTE! "'*" I'he t'tCU (ilaximum contaminant Level) or' an egi'E;rb,rl is.herlguidelftre has bean exccsrl<1od for Ehls corrtaminant""N0" I'his cofrtaminarrt h,a{ii rlo'f de:tectecj at or erhovo c,ut' .ril;,1l;$rddetection Ievel."tt:tr" Bacterft results may tro lnvslId duo to J.ack of collectioninf orm#ion or bdcsr.rscs tl're sanrplo oxcocd<lcl the 50.-lrc:rrrho.tclinq tima.
I'NTC: Too X$erous To CourlE NBS: No bacteria scrrnpl,cr rubor,t, t.t.r,l:r.l
TNTC-NC: AltJrough there waB no irrdication of TrltaI 0otJ f or'rlr,
Iher nur6er o'f non'-coI i f c>r'nr [:acteria detecEecl i n thel
sample ras Too Numer'or.rs fo Count"
Ana ly.$i$ *rf ormed I tlCt lDouectlc.rrr I t. crvr:r.l
i (mglI) | L-evet ll)efected
DRII{KTNG
WATER
ANALYSIS
RESUUTE
f.1icr'obiolqlcal :
f otsl col fYorm (orgarrism/l0()mt )N[)
Inorganlci chemicule me'fnIs:-?"
A I umi nurn t
A r'ser rr i cBariunr i
CacJmi unr i
Chromi um
Copper
I rorr
Lead
Harrgatrese:
Mo rc:ur'y
Nicl<e1
:i;r:rlonJ.um
li:[ I var
Sod i unr
Zirrc t
I
I
o.2
0. 05
2.O
0. o05o.r
.1.5
o -.7
o. 015
o-o5
o. oo2o.l
o.05
1_1
5-O
o.r
() - ()^t o
o .30
0.002
r). OO4
0. oo4
a -o20
o. oo2
o. oo4
o. oor
o -1)2().uoz
(, _oo2
J.. O
0-o04
NO
l{D
Nf)
Nr)
Nr:)
Nr)
(.t -o22
Nf)
Nt:)
t.,tt)
ND
Nr)
Nt)
9.4
ND
I rrorganic chamicals o'Elrer", arrd physical. 'f ac.:tot's:
All<atinlty (Total as CjirCO.S)Chlor'ide i
F I uor icla ..L
Ni trate .SxNttrlte afX
$r-rl f ato
l{lrrdrtess (euggectcd limlt :: lO0)pl{ (St,andspd Uni t.s )'Io ta I Dl eaplvecl 5ol ids
I'r.rr Lri di ty r(TurbirJi ty Uni t:', )
;;;
4-O
10
1.O
250
6. s-8.5
500
1,O
,1() - O
5.Q
o-5
o.5
o-5
.5. O
11..o
20 -t)
o. l.
255
6
NO
2.7
NO
7$
24ls*
7..S
34?
o.2
OrganJ.c dramicals tr:ih*tJ.orncrthnnar.q:-----+
Elromo f r:rrm I
B ronrocJ i ch lbrometharre
Ch l.oro t orni
D i bromochlbromethaneTotal THI'lsi (sum o'F four at>ove-r) O.f
o. oo4 N()
o - oo2 Nt)
o -oo2 t{D
o - ()04 Nf)
o - ()o2 r{o
r. r.rsrr-ee
lo
rlil(l .r yb l,5 tfrt ,, ot-me(f HCt^.
( me,/t )
lDe'Er:c;tlon I t^ev." lI Leve I I Det, .ecJ
[3orrzene
V.[ nyl Chlori.Je
C,:r rborr Tetrachlor. ideL, 2-Di. r::h I ciroet ha ne
T' r- :i ch l. r:rro{t hy I o ne
1 .4-Di.chldrobenzene
I. . I -D i.chldroa.thyl erra
1 , l,l , ..Trichloroethane
I r'ornobcr nz(ne
Bromometh{na
Clr I or.obenIGne
C h l oroethane
Chlorclrlathano
2-Ch I or-otol uene
4-,Chlonotctluen€!
DibromocnSrq>r-opane (O6crr ;O J kr rofiafietfia no1, 2.*D i chI ctrobenzene
1 ,3-Dichl{robenzone
D 1c lr t orodlh I uoromotha nel., l.--Oi chl*oethane
Tr'a n:g- l, Z+Iehloroethyl ene
:, i =* r, Z-O {i.h toroet f,yf !neDichlorom{thane
1.,2-DlohlcSopropancr
L r a ns*'l, S+I ch l or.opropo,.to
1., .3-D i r: h I cf oprope ne2, 2 -.Di c: h I clopropa ne'.l., 1 -D i c:hl dropr.opene
1, 5-D i chl cirot)r.opa ne
E thyl benz*re
E hlry tarred$romirJtr (EOti )styr'ene I
1, I, I, 2.*T+rachlol.oottrans
1., 1, 2, 2-Trft rach lonoathanoTetrachloriarhylene ail;i).,2,4*' 1 richlorobenz€ne7,2,3* I r i c#rlorobe nzen€
1 , I , 2*.1'r i +,f or.oot ha nef r i c h I orofil uoromcrt ha ne
7., 2,3*I'r i chtoropropa ne
T<t I rro ne l
Xy ) erre
() - oo5
() - oo2
o. oo5
o. oo5
o"oos
o. o75
o. oo7
3:1o
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o. oo2'o.0C)2
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t.rr,
No
NO
Nt:)
t.{D
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Nr)
N()
t{n
N[)
t.,lD
l.l()
Nt)
Nt)
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N()
l.lfJ
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N(.)
ND
Nt)
Nt)
NO
ND
NI)
Ntl
Nf)
NT.J
Nt:)
Nt)
N[)
l.lt)
N()
Nt)
Nt)'Nt)
N(.r
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r{n
o.ga.:ic clramlcars - pesttr,;rIdes, herbicides & pcBs
o. ()o1
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o. ooot
o. ()oo4
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I ceftily tt ot *'to atr,ra
by methods orr,,,ll'iio,W;!l::;,:l':ffi:l,y:ii:ff:f';X*':,'::^t:P{:,:y,,fi:::i,;^,?,:!:i:,,,,i!
r\lachlor
Atr'azi ne
Clrl orclane i
Aldrin :
0i.c:hlop616
OleIdrerr
Endrirr
lJeptachl or
l.{crptach I or. Epox i clolloxirchIon*,arr:onei
nexac n i orfyef ope nEaa i c noLIndane
Ho thoxychlor
PCEs
Fre rrtac h l orlni t nobe nzeneSiIvex Zr4,S-Tptlinlazins
Tr:xapheneI'r'iflurallh2,4-D :
o. oo2
o. oo3
l-l"
o. oo2
o - ooo4
o. ooo2
o-ool
o. 05
o. ooo2
o.04
3;3oou
o-05
0. oo<1
3:3o-
o. o7
|{rJ
Nt)
Nt)
N(.)
Nn
Nr)
Nn
Nt)
ND
Nr:)
NN
l'{rJ
Nt)
N')
Nt)
N{:)
Nf.)
No
ND
No
Thcsc t rt lP uxa for t!:ormational prrposes onry anil nay not be used lor rrgulatory
rEslNc urdrronsg, rxc.
r [-tI
L
compliance,
REV. 3-92
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 95 CW 081
AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS, FOR CHANGE OF
WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
ANNELIESE K. ALLEN,
IN GARFIELD COUNTY, COLORADO.
1. Name, address and telephone number of Applicant:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
c/o John R. Schenk
Schenk, Kerst & deWinter, P.C.
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
(e70) 945-2447
FIRST CLAIM
APPLICATION FOR UNDERGROUND WATER RIGHTS
2. Name of Well: Mountain Meadows Well No. 1.
3. I*gal description of Well:
A well located in Lot 4 of Section 14, Township 8 South, Range gg west
of the Sixth Principal Meridian, at a point whence a brass cip witness
corner bearing N. 00"08'29" W. 27.I8 feet to the Section cornercofilmon
to Sections 10, ll, 14 and 15 of said rownship and Range bears N.
76o55'25' W. a distance of 1157.19 feet.
4. Source: Groundwater tributary to the Crystal River.Depth: 250 Feet
5. Date of appropriation: April 20, 1995
Date water applied to beneficial use: N/A
How appropriation was initiated: Survey and formulation of intent to
appropriate water.
//
Bw^ra'arD
6.
7.
Amount claimed:
Use or proposed use:
10 g.p.m., conditional.
Domestic in-house use only.
8. kgal description of land to be benefited:
A parcel of land situated in Lots 8 and 9 of Section 11 and in Lots 3 and 4 of
Section 14, all in Township 8 South, Range 88 west of the Sixth principal
Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said Township and Range bears S. 58"36'04'
W. 869.15 feet distant; thence along a fence line the following two (2) courses:
N. 88'12'03' E. 173.07 feet
N. 89'35'12' E. 120.63 feet
to the intersection with a north south fence line; thence S. 01'45'40'8.237.44
feet along said fence line to an intersection with an east west fence line; thence
N. 88"16'4L" 8.739.99 feet along said fence line; thence S. 02"41'45" E.
530.78 feet to a point on the county line between Garfield County and Pitkin
County; thence N. 90"00'00" W. t434.55 feet along said county line to a point
on a north south fence line; thence along said fence line the following five (5)
courses:
(1) N. 19'44'01" E. 99.39 feet(2) N. 06"09'31" 8.74.87 feet(3) N. 09'29'08. E. 163.04 feet(4) N. 38'25'59' E. 371.83 feet(5) N. 30'17',23', E. 137.72 feet
to the point of beginning. Said parcel of land contains 17.893 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
The land to be benefited includes the property designated for inclusion in the Mountain
Meadows at Prince Creek Subdivision, except for the portion to be known as Lot 8.
9. Name and Address of Owner of land on which well is located:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
(1)
(2)
2
SECOND CLAIM
APPLICATION FOR CHANGE OF WATER RIGHTS
10. Decreed name of structure for which change is sought: Basalt Conduit, a feature
of the Basalt Project.
11. From previous Decree:
a. Date entered: June 20, 1958, Case No. 4613, Garfield County District
Court.
b. Decreed point of diversion: A point on the left bank of the Fryingpan
River in the NE 7+ NW 7+ , Section 18, Township 8 South, Range 84 West of the 6th P. M.
at the head of the outlet tube for Ruedi Reservoir whence the Southwest corner of Section
7, Township 8 South, Range 84 West of the 6th P.M. bears North 79"00' feet West a
distance of 2,017.1 feet.
c. Source:Fryingpan River.
d. Appropriation Date: July 29, 1957.Amount: 450 c.f.s.
e. Historic Use:N/A, conditional water right.
12. Proposed change: The Applicant proposes to establish alternate points of
diversion for the Basalt Conduit water right at the point of diversion of the Mountain Meadows
Well No. 1 applied for herein, for use within the Mountain Meadows at Prince Creek
Subdivision as described in the Application for Approval of Plan for Augmentation ser forth
belorv. Applicant proposes to change a total 10 g.p.m. (0.022 c.f.s.) to said well.
THIRD CLAIM
APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION
13. Name of the structure to be augmented: Mountain Meadows Well No. 1, a decree
for which is being claimed in this case.
L4. Previous decree for water rights to be used for augmentation:
a. 1.0 acre-feet of water secured under Applicant's Contract No. 3.3.5.40
under a contract with the Basalt Water Conservancy District.
b. Ruedi Reservoir is operated by the U.S. Bureau of Reclamation which has
contracted for an allotment of water to the Basalt Water Conservancy District.
c. Ruedi Reservoir is an on-channel reservoir located in the Northwest 1/4
of the Northeast ll4 of Section 18, Township 8 South, Range 84 West of the 6th P.M.
d. Ruedi Reservoir was originally decreed for 140,697.3 acre-feet with an
appropriation date of July 29, 1957, for hydro-electric power generation, irrigation,
municipal, domestic, industrial, piscatorial and stock water uses. Subsequently, in Case
No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir
was reduced from 140,697.3 acre-feet to 102,369 acre-feet.
e. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project,
originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as
amended by the Act of October 27, 1974 (88 Stat. t496) and the Act of November 3,
1978 (92 Stat. 2492) in substantial accordance with House Doc. No. 187 83d Cong., lst
Sess., as modified by House Doc. 353, 86th Cong. 2nd Sess., and is subject to the
Operating Principles for the Fryingpan-Arkansas Project as set forth in House Doc. 130,
87th Cong., lst Sess.
15. Statement of plan for augmentation, covering all applicable matters under C.R.S.
37 -92-103(9), 37 -92-302(1) and (2) and 37 -92-305(8).
a. Applicant is the owner of land described as follows:
A parcel of land situated in Lots 8 and 9 of section 11 and in Lots 3 and
4 of Section 14, all in Township 8 South, Range 88 west of the Sixth
Principal Meridian, more particularly described as follows:
Beginning at a point from which the brass cap witness corner set for the
southwest corner of Section 11 of said rownship and Range bears S.
58"36'04' W. 869. i5 feet distant; thence along a fence line the following
two (2) courses:
88"12'03' E. I73.07 feet
89'35',12', E. 120.63 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 with an east west fence
line; thence N. 88'16'41' 8.739.99 feet along said fence line; thence S.
02"41'45' 8.530.78 feet to a point on the county line between Garfield
County and Pitkin County; thence N. 90'00'00" W. 1434.55 feet along
said county line to a point on a north south fence line; thence along said
fence line the following five (5) courses:
(1) N.(2) N.
(1)
(2)
(3)
(4)
(s)
N. 19'44'01" E. 99.39 feet
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 point of beginning. Said parcel of land
less.
COUNTY OF GARFIELD
STATE OF COLORADO
contains 17.893 acres, more or
4
b. Applicant intends to subdivide Applicant's property in Garfield Counry and
described in paragraph26(a) above into eight (8) lots for eight (8) single-family dwelling
units to be known as Mountain Meadows at Prince Creek. Lot 8 of Mountain Meadows
at Prince Creek will be exclusively connected to Allen Well No. I (Permit No. 80997)
and will not be connected to Mountain Meadows Well No. 1. Lots 1 through 7,
Mountain Meadows at Prince Creek, will be served exclusively by Mountain Meadows
Well No. 1 and will not be connected to Allen Well No. 1. There will be no connections
between the two wells.
c. Each of the eight (8) Lots in Mountain Meadows at Prince Creek will have
the equivalent of two (2) shares in the East Mesa Water Company for use in irrigating
the landscaping, foliage, gardens and meeting other outside water requirements on each
such parcel. The proportionate shares in the East Mesa Water Company will be held for
the benefit of each lot owner by the Mountain Meadows at Prince Creek Homeowners
Association, a Colorado nonprofit corporation. Therefore, due to ample surface
irrigation water rights, no outside irrigation will be necessary or permitted from
Mountain Meadows Well No. 1.
d. The domestic in-house needs of each dwelling unit will be served by the
Mountain Meadows Well No. 1, which will be augmented with water from Ruedi
Reservoir. Each of the seven (7) parcels will have a one single-family unit with an
assumed demand of 4 people per unit at 80 gallons per capita per day (in-house only).
Applicant anticipates that wastewater treatment and disposal will be by septic tank/leach
field systems with an estimated consumptive use of fifteen percent (15%) in the in-house
diversions. The total annual diversions are estimated to be 2.635 acre-feet with a
consumptive use of 0.395 acre-feet per year. Table I is an engineering analysis attached
hereto and incorporated herein by reference, which presents the domestic requirements
for the seven (7) dwellings.
e. Transit losses between the outlet of the Ruedi Reservoir and the point of
depletion are estimated to be five percent (57o) of the potential annual augmentation
requirements. Depletions from the Mountain Meadows Well No. 1 and Allen Well
No. 1 will affect the Roaring Fork River throughout the year. Although the Mountain
Meadows Well No. 1 and Allen Well No. 1 water rights would be in priority during
portions of the year, the Applicant plans to provide augmented water out of Ruedi
Reservoir to cover one hundred percent (100%) of the maximum annual depletions due
to the diversions of the well to adequately protect downstream vested water rights.
Releases will be made from the Ruedi Reservoir pursuant to its contract with the Basalt
Water Conservancy District, in amounts equal to the out-of-priority stream depletion
associated with diversions under said water rights or as directed by the Division
Engineer.
16. Name and address of owner of land on which structures are located: Applicant's
name and address is as stated in paragraph 1 above, except Ruedi Reservoir which is located on
land owned by the United States Bureau of Reclamation, Great Plains Region, P.O. Box 36900,
Billings, Montana, 59107.
5
17. The Applicant will submit a well permit application for Mounrain Meadows WellNo. 1 to the State Engineer's Office for the well as appiieO for in this application. The well
permit or denial of well permit will be filed with this Court before entry of decree.
WHEREFOR!, Applicant respectfully requests the Court to enter a decree awarding the
Underground Water Rights set forth in the First Claim, the Application for Change of frater
Rights as set forth in the Second Claim and approving the Plan for Augmentation set forth in
the Third Claim for Relief.
DATED this day of ,1995.
Name and Address of Applicant:
Anneliese K. Allen
1215 County Road 111
Carbondale, CO 81623
SCHENK, KERST & deWINTER, P.C.
John R. Schenk - #7788
Attorneys for Applicant
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
Telephone: (970) 945-2447
VERIFICATION
By:
STATE OF COLORADO
COUNTY OF GARFIELD
)) ss.
)
I, Anneliese K. Allen stated under oath that I have read this Amended Application for
Underground Water Rights, for Change of Water Rights and for Approval of plan for
Augmentation and verify its consents.
Anneliese K. Allen
Subscribed and sworn to before me this
1995, by Anneliese K. Allen.
WITNESS my hand and official seal.
My commission expires:
day of
6
Notary Public
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