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PROTECTIVE COVENANTS FOR
CLARK SUBDIVISION
LOCATED IN GARFIELD COUNTY, COLORADO
Know All Men By These Presents that JOHN CLARK and SUSANNE CLARK, being the
owners of Clark Subdivision located in Garfield County, Colorado, and being desirous of
protecting property values and the health, convenience, welfare and use of the owners of Lots
therein, do hereby declare and adopt the following use and building restrictions, each and all of
which shall be applicable to and run with the Lots in Clark Subdivision as the same appear upon
plat thereof filed for record on , 2002, as Document No. in the
office of the Garfield County Clerk and Recorder, said restrictions being as follows:
1. DEFINITIONS. As used in these Protective Covenants, the following words, terms
and letter designations shall have the following meanings:
1.1 "Subdivision" shall mean Clark Subdivision.
1.2 "Association" shall mean the Clark Subdivision Homeowners Association.
1.3 "Lot" shall mean a lot in the Subdivision.
1.4 "Owner" shall mean the owner of a Lot in the Subdivision.
1.5 "ACC" shall mean the Architectural Control Committee for the
Subdivision.
2. CLARK HOMEOWNERS ASSOCIATION.
2.1 Each Owner shall automatically become a member of the Association.
2.2 The purposes and powers of the Association are as set forth in its Articles
of Incorporation and Bylaws and include, but are not necessarily limited to,
the management, control and maintenance of all common areas and any
common irrigation system within the Subdivision.
3. SINGLE FAMILY RESIDENTIAL USE ONLY. The property in the Subdivision
is intended to be developed for single family residential purposes only with all structures designed
to blend into and complement the natural surroundings.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 1 of 14
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3.1 No more than one (1) detached single family dwelling and accessory
dwelling unit shall be erected upon any Lot, except for one (1) attached or
detached garage on each Lot for not more than four (4) automobiles and
one (1) barn on each Lot for domestic animals. Any such separate
accessory dwelling unit shall be subject to the permitting requirements of
Garfield County.
3.2 No building or structure intended for or adapted to business, commercial or
manufacturing purposes, nor any multiple family dwellings, shall be
erected, placed, maintained or permitted upon any Lot.
3.3 All structures shall be sited on each Lot within the platted building
envelope. The ACC shall approve its location within the building envelope
so as not to impede or restrict the view plane of other Owners and
otherwise meet the criteria set forth in paragraph 17.2 hereafter.
3.4 No structure shall be placed or located on any Lot in such a manner that
will obstruct, divert or otherwise alter the natural water drainage courses
and patterns beyond the building envelope to the impairment of adjacent
Lots. Likewise no landscaping or changes to the existing terrain shall be
made which shall obstruct, divert or otherwise alter such drainage.
3.5 The minimum size of each structure erected shall be not less than fifteen
hundred (1,500) square feet measured on the outside foundation walls,
exclusive of open porches, garages, carports or barns.
3.6 No structure shall be permitted on any Lot which exceeds twenty-seven
(27) feet in height measured at any point along the natural grade line
immediately adjoining the foundation or structure.
3.7 No building shall be erected by means of other than new construction, it
being the purpose of this covenant to insure that old buildings will not be
moved from previous locations and placed upon a Lot without the prior
written approval of the ACC.
3.8 All structures shall be clad in natural materials such as wood, brick, stone
and shingles. Any stucco utilized shall be colored muted earthtones. All
roofs shall be of metal or other fire retardant materials. Any metal roofing
materials shall be non -reflective, and colored muted earthtones. Siding of
all structures shall be constructed of fire retardant materials or materials
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 2 of 14
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"treated" to be fire retardant. United States Forest Service and Colorado
State Forester Wildfire Prevention guidelines should be incorporated into
residential site planning and design.
3.9 No structure shall be placed or erected upon any Lot which is, ever has
been or could be made the subject of a specific ownership tax as now
defined in Title 42 of the Colorado Revised Statutes, nor shall structures
constructed in the fashion and manner as trailers be allowed.
3.10 Each structure shall be completed within eighteen (18) months from date of
commencement of construction with the approval of the ACC.
4. RESUBDIVISION PROHIBITED. The resubdivision of a Lot is prohibited.
5. EXISTING FOLIAGE. The existing foliage and vegetation on each Lot shall be
preserved in as near a natural state as possible, taking into consideration the United States Forest
Service and Colorado State Forester Wildfire Prevention guidelines.
6. SEWAGE DISPOSAL. Each residence shall contain at least one (1) fully equipped
bathroom and all sewage shall be disposed of by means of an individual sewage disposal systems
as shall be approved by the Colorado State Health Department and local health agencies having
jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition.
7. NO TEMPORARY STRUCTURES. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or any other outbuildings of any description shall be used on
any Lot, except on a temporary basis not exceeding eighteen (18) months by the construction
company constructing a dwelling on a Lot.
8. NO COMMERCIAL USE. There shall not be permitted or maintained upon any
Lot or any part thereof any trade, business or industry serving members of the general public,
except that Owners may operate a home office or rent or lease their dwelling for residential
purposes when not required for the Owners' use. Renting or leasing of a dwelling may only be
done for the entire dwelling. No apaitments or other divisible use of the dwelling shall be utilized
by anyone other than the Owner and any such use shall be deemed a commercial use and subject
to immediate injunction by the Association or other Owners.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 3 of 14
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9. ANIMALS.
9.1 The ACC may require any Owner to remove any animal if, in the opinion
of the ACC, lands are overgrazed or the animal constitutes an annoyance to
the Owners of neighboring tracts.
9.2 All animals, including dogs and cats, must be kept within the boundary of
the Lot and under the control of the Owner. Each Lot will be permitted to
have up to one dog and puppies up to three months old.
9.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects
and waste at all times.
9.4 All animals must be so maintained that they do not become a nuisance to
the neighborhood and do not run at large, endanger or harass other animals,
including wildlife, upon neighboring lands and public domain.
9.5 During construction, contractors and subcontractors shall be prohibited
from bringing dogs onto any Lot.
10. MAINTENANCE OF PROPERTY.
10.1 The Owner of each Lot shall keep the same clear and free of rubbish and
trash and shall keep the structures thereon in good repair, doing such
maintenance as may be required for this purpose.
10.2 No noxious or offensive conduct or activity shall be carried on upon any
Lot or in any structure thereon which may constitute a health hazard,
nuisance or annoyance to the neighborhood.
10.3 Clotheslines, equipment, garbage cans, service yards, woodpiles or storage
areas shall be adequately screened by planting or construction to conceal
the same from view of neighboring lots and drives.
10.4 The outside burning of any trash, rubbish or other materials shall be
absolutely prohibited. Manufactured and custom outdoor barbecues and
fireplaces approved by the ACC shall be allowed.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 4 of 14
11. VEHICLES.
11.1 All motor vehicles not stored in an enclosed garage or screened from view
must be currently licensed and operational.
11.2 No vehicles, boats, campers, trailers, snowmobiles or other such
recreational vehicles or devices shall be stored or permitted to remain for
more than seven (7) continuous days on any Lot unless the same are stored
in a garage or screened from view.
11.3 No business vehicles shall be permitted which do not completely enclose
within the vehicle all machinery, equipment and other evidence of the
trade, craft or business other than the signs affixed to the vehicles
advertising the same unless stored in an enclosed garage or screened from
view.
12. SIGNS. No billboards, signs or other advertising devices of any nature shall be
erected, placed, maintained or permitted, provided that this restriction shall not be construed to
prevent appropriate name and address signs and signs that advertise property for sale or rent
insofar as it is necessary to promote the sale and development of such properties.
13. EASEMENTS. To the extent necessary for utility service to the building envelope
on each Lot, each Owner shall have an easement and right-of-way in perpetuity within any shared
portion of a driveway for the erection, construction, maintenance and operation of wires, cables,
pipe, conduits, apparatus for the transmission of electrical current, telephone, television and radio
lines and for the furnishing of water, gas and sewer service or for the furnishing of other utilities,
together with the right to enter any such shared portion of a driveway for the purpose of installing,
maintaining and improving the same.
14. UTILITY LINES. No new gas lines, light and power lines, telephone lines or
television cable shall be permitted unless said lines are buried underground within the driveway
serving the subject Lot and at the Owner's expense.
15. DRIVEWAYS. All driveways in the Subdivision shall be private. Such driveways
shall be subject to an easement and right-of-way for ingress and egress for the installation and
maintenance of utilities as provided in paragraph 14 above. The cost of maintenance and snow
removal shall be funded by fees collected as assessments by the Association as provided in the
Bylaws thereof.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 5 of 14
16. WATER.
16.1 Domestic. The domestic water supply shall be from individual domestic
wells which shall be constructed, maintained and operated by the Owner of
the Lot served by any such well. Such water shall be for domestic in-house
use only and the irrigation of grass, shrubs, trees or other foliage shall be
only as permitted by the Association in accordance with the decree entered
by the Division 5 Water Court in Case No. 00CW292. The Association
shall be responsible for administering the decree entered by the Division 5
Water Court in Case No. 00CW292 and all water shall be metered by water
meters approved by the Association.
16.2 Irrigation. Irrigation water for use on the Lots and the common areas from
the Needham Ditch shall be owned and operated by the Association. The
amount of water allocated to each owner, the extent and time of use, and all
other matters pertaining to irrigation water shall be as from time to time
established by the Association.
17. ARCHITECTURAL CONTROL COMMITTEE. No improvements of any kind,
including, but not limited to, dwelling houses, garages, fences, swimming pools, tennis courts,
parking areas, drives, antennas, flagpoles, walks and every other type of improvement shall ever
be constructed or altered on any lands within the Subdivision, including the common areas, unless
three (3) complete sets of architectural plans and specifications for such construction or alteration
are submitted to the ACC and approved in writing prior to the commencement of such work. All
decisions of the ACC shall be in writing. One (1) set of such plans and specifications shall remain
on file and become a permanent record of the ACC. In the event the ACC fails to take any action
within thirty (30) days after complete architectural plans and specifications for such work have
been submitted to it, then all of such architectural plans shall be deemed to be approved. The
architectural plans and specifications shall be prepared by an architect licensed by the State of
Colorado and shall include (subject to such additional information as the ACC may require) the
following:
A. Soils and Foundation Report, and Grading and Drainage Plan. Prior to the
issuance of a building permit by Garfield County, a lot Owner shall cause
to be prepared and submitted to Garfield County and the ACC a soils and
foundation report, an independent sewage disposal system design, and a
grading and drainage plan prepared by a professional engineer. All
improvements and structures shall, be constructed in accordance with the
recommendations and conditions of such report and plan which are
included by Garfield County as conditions of the building permit or are
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 6 of 14
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made requirements or conditions of the approval of the ACC.
B Materials and Landscaping. In its review of any proposed development
activity, the ACC shall evaluate, among other things, the materials to be
used on the outside of buildings or structures, including exterior colors,
location with respect to topography and finished grade elevations, and
harmony of landscaping with the natural setting and native trees and other
vegetation within Clark Subdivision. The ACC shall encourage "xeriscape"
landscaping which emphasizes the use of indigenous foliage and decreased
water consumption.
C. Fencing. The ACC must approve all fencing prior to installation. Barbed
wire and chain link fencing shall be prohibited. Only wooden and metal
fencing shall be permitted within the Clark Subdivision, with limited
exceptions pertaining specifically to the protection of gardens from wildlife
damage, kennels, corrals, or other elements where a wooden or metal fence
would not serve the purpose desired, whether it is to keep animals in an
enclosed area or to keep wildlife out of an enclosed area. The type and
location of all fencing must be approved by the ACC. One basis for
consideration by the ACC of fencing will be how it affects wildlife.
Fencing shall not exceed forty-two (42) inches in height, shall not have
more than three (3) horizontal poles, and the bottom pole shall be at least
sixteen (16) inches off the ground. Wire fencing shall not exceed forty-two
(42) inches in height, shall not have more than three (3) strands, and the
bottom strand shall be at least sixteen (16) inches off the ground.
D. Wildfire. The ACC shall follow the recommendations of the Colorado
State Forester wildfire prevention guidelines, specified by the pamphlet
"Wildfire Protection in the Wildland Urban Interface prepared by the
Colorado State Forest Service (CSFS #143-691), wherever practical, in
granting approvals for construction of residences and other structures
submitted to it for approval. The ACC shall, wherever practical,
incorporate the guidelines set forth in that pamphlet into the plans
approved for lots in the Clark Subdivision to protect the Clark Subdivision,
and all of the buildings constructed therein, from the danger of wildfire.
The ACC will consider the guidelines in the most current wildfire
publication by the Colorado State Forest Service.
E. Lighting. The ACC shall consider exterior lighting plans and will require
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 7 of 14
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that all exterior lighting (with possible exceptions for lighting necessary for
safety) be directed towards the applicant's property and consist solely of
down lighting. It will also require that all lot Owners make every effort
possible to limit the use of exterior lighting at night. It shall encourage
Owners to build in such a fashion that all light sources not be directly
visible from outside of the Owner's property. The intent behind these
considerations is to preserve the rural character of the Clark Subdivision by
limiting exterior lighting as much as possible while maintaining a safe
atmosphere. The following are specifically prohibited:
(i) mercury vapor lights;
(ii) driveway delineation lights located beneath foliage and
utilizing indirect low voltage lighting;
(iii) visible light sources;
(iv) facade lighting; and
(v) blinking, flashing, or pulsing lights, holiday lighting
excepted.
F. Fireplaces. Only one open hearth fireplace and other solid -fuel burning
stoves as defined by C.R.S. 25-7-401, et. seq., and the regulations
promulgated thereunder, or natural gas/propane burning stoves and
appliances will be allowed in any new dwelling unit to be constructed
within the Subdivision.
G. Bears/Trash Removal. Only those trash receptacles certified by the North
American Bear Society, National Park Service, or the CDOW shall be used
to dispose of trash and there shall be no dumps or underground disposal of
refuse within the Subdivision.
17.1 The ACC may grant a reasonable variance or adjustment of these conditions and
restrictions in order to overcome practical difficulties and prevent unnecessary
hardships arising by reason of the application of the restrictions contained herein.
Such variances or adjustments shall be granted only in case the granting thereof
shall not be materially detrimental or injurious to other property or improvements
of the neighborhood and shall not defeat the general intent and purpose of these
restrictions.
17.2 The ACC shall not be liable in damages to any person or association submitting
any architectural plans for approval or to any Owner by reason of any action,
failure to act, approval, disapproval or failure to approve or disapprove with regard
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 8 of 14
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to such architectural plans.
17.3 Building Permits. An Owner may apply for a building permit from the Garfield
County Building and Planning Department at any time; provided, however, the
plans approved by the Building Department shall not differ in any substantial way
from the plans approved by the ACC. If the plans approved by the Building
Department differ in any substantial way as determined by the ACC, then all
approvals of the ACC shall be deemed automatically revoked.
17.4 Automatic Indoor Fire Sprinkler Systems. All new dwelling units constructed
within the Subdivision shall have automatic indoor fire sprinkler systems installed
in accordance with the Standard 13R promulgated by the National Fire Protection
Association.
17.5 Authority to Promulgate Rules and Regulations. The ACC may promulgate and
adopt rules and regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the type of
information, reports, plans and specifications, and other information necessary to
make an informed decision regarding requests for development, modifications to
buildings, and the like.
17.6. County Approvals Required. Compliance with the ACC rules and regulations is
not a substitute for compliance with Garfield County land use regulations, and
each Owner is responsible for obtaining all approvals as may be required by
Garfield County prior to commencing construction.
17.7 The initial members of the ACC shall be:
John Clark
P.O. Box 50703
Santa Barbara, CA 93150-0703
Susanne Clark
P.O. Box 50703
Santa Barbara, CA 93150-0703
A majority of the ACC may designate a representative to act for it. Should a
member resign or become unable to act, the other members shall appoint a successor. Subsequent
to the sale of all Lots, one or more members may be replaced by written designation recorded in
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 9 of 14
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the Garfield County Clerk and Recorder's office showing approval by a majority of the Owners.
18. COVENANTS RUN WITH LAND. These covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them until the year 2011, at which
time said covenants shall be automatically extended for successive periods of ten (10) years
unless by vote reflected by signed documents duly recorded by the majority of the then Owners it
is agreed to change said covenants in whole or in part.
19. COLLECTION OF ASSESSMENTS - ENFORCEMENT
19.1. Assessments. All Lot Owners shall be obligated to pay any assessments lawfully
imposed by the Association. To the extent the Association is responsible therefor,
assessments may be lawfully imposed for any items of common expense which
may include, among other things: expenses and costs of maintaining, repairing,
and plowing of roads within and accessing the Clark Subdivision; expenses for
maintaining, improving, and preserving the Association's common elements;
expenses of the ACC; and insurance, accounting, and legal functions of the
Association. Such assessments shall be deemed general assessments and shall be
borne pro rata by all Owners. The Association may establish contingency and
reserve funds for the maintenance and improvement of the Association's common
elements and any other anticipated costs and expenses of the Association to be
incurred in pursuit of its purpose. Contingency and reserve funds shall be in such
an amount as the Association may deem necessary and appropriate for the
aforesaid purposes. Each Owner shall be required to pay his pro rata portion of
these funds. As used herein, an Owner's pro rata portion of common expenses
shall mean a fraction formed by the number of lots purchased and held by the Lot
Owner (numerator) and the number of Lots in the Clark Subdivision
(denominator). The Association shall have the right during any calendar year to
levy and assess against all of the Owners a special assessment for such purpose or
purposes, in accordance with these Covenants, or the Articles or Bylaws of the
Association, as may be necessary. Such special assessment shall be paid for in
equal portions by the Owners obligated to pay such assessment and shall be due
and payable as determined by the Association.
19.2. Lien for Non -Payment of Assessments. All sums assessed by the Association,
including without limitation the share of common expense assessments chargeable
to any Lot Owner, any fines which may be levied on a Lot Owner, and unpaid
utility fees and assessments charged to a Lot Owner shall constitute a lien against
such Lot superior (prior) to all other liens and encumbrances, excepting only:
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page l0 of 14
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A. Tax and special assessment liens on the Lots in favor of any govermnental
assessing unit.
B. All sums unpaid on a first mortgage of record, including any unpaid
obligatory sums as may be provided by encumbrance.
C. Each Owner hereby agrees that the Association's lien on a Lot for
assessments has hereinabove described shall be superior to the Homestead
Exemption provided by C.R.S.§38-41-201, et seq., and each Owner hereby
agrees that the acceptance of the deed or other instrument of conveyance in
regard to any Lot within Clark Subdivision shall signify such grantee's
waiver of the homestead right granted in said section of the Colorado
statutes.
D. Any recorded lien for non-payment of the common expenses may be
released by recording a release of lien executed by a member of the
Association.
E. If any assessment shall remain unpaid after thirty (30) days after the due
date thereof, such unpaid sums shall bear interest from and after the due
date thereof at the maximum rate of interest permitted by law, or at such
rate as is determined by the Association, and the Association may impose a
late charge on such defaulting Owner as may be established by the Board.
In addition, the Association shall be entitled to collect reasonable
attorneys' fees incurred in connection with any demands for payment
and/or collection of delinquent assessments. To evidence such lien, the
Association shall prepare a written notice setting forth the amount of such
unpaid indebtedness, the name of the Owner of the Lot, and its legal
description. Such a notice shall be signed by one (1) member of the
Association and shall be recorded in the Office of the Clerk and Recorder
of the County of Garfield, Colorado. Such lien may be enforced by
foreclosure of the defaulting Owner's Lot by the Association in like
manner as a mortgage on real property, upon the recording of a notice of
claim thereof. In any such foreclosure, the Owner shall be required to pay
the costs and expenses of such proceedings, the costs and expenses for
filing the notice or claim of lien, and all reasonable attorneys' fees. The
Owner shall also be required to pay to the Association any additional
assessments against the Lot during the period of foreclosure, and the
Association shall be entitled to the appointment of a receiver to collect the
same. The Association, shall have the power to bid on the Lot at
foreclosure sale and acquire and hold, lease, mortgage, and convey same.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 11 of 14
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The Association, at its election, and in addition to any other remedies it
may have at law or in equity, may also sue an Owner personally to collect
any monies owed the Association.
19.3. Enforcement Actions. The Association shall have the right to prosecute any action
to enforce the provisions of all of these Covenants by injunctive relief, on behalf of
itself and all or part of the Owners of the Lots within Clark Subdivision. In
addition, each Owner of Lot within Clark Subdivision, including the Association,
shall have the right to prosecute any action for injunctive relief and for damages by
reason of any violation of these Covenants. The prevailing party in any
enforcement action shall be entitled to an award of its reasonable costs and
attorneys' fees. The Association shall be entitled to assess penalties for late
payment of assessments due the Association and to collect interest thereon at rates
to be determined from time to time by the Association but not to exceed 1.5
percent per month. After thirty (30) days, written notice to any Owner of a
violation of these Covenants, and the Owner's failure to eliminate or cure said
violation, the Association may levy, in addition to the other remedies set forth
herein, a penalty of $25.00 per day for every day the violation exists or continues
after the expiration of said 30 -day period.
19.4. Limitations on Actions. In the event any construction or alteration or landscaping
work is commenced upon any of the lands in Clark Subdivision in violation of
these Covenants and no action is commenced within two (2) years thereafter to
restrain such violation, then injunctive or equitable relief shall be denied, but an
action for damages shall still be available to any party aggrieved. This two-year
limitation shall not apply to injunctive or equitable relief against other violations
of these Covenants.
20. INSURANCE. The Association may obtain and keep in full force and effect the
following insurance coverage:
A. Coverage for members of the Board and officers of the Association,
including committee members, against libel, slander, false arrest, invasion
of privacy, errors and omissions, and other forms of liability generally
covered in officers and directors liability policies.
B. Coverage against such other risks of a similar or dissimilar nature as the
Board deems appropriate.
21. GENERAL PROVISIONS
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 12 of 14
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21.1. Covenants to Run. All of the covenants contained in this instrument shall be a
burden on the title to all of the lands in East Bull Mountain Ranch, and the
benefits thereof shall inure to the Owners of the lands in East Bull Mountain
Ranch and the benefits, and burdens of all said covenants shall run with the title
to all of the lands in East Bull Mountain Ranch.
21.2. Termination of Covenants. In the event these Covenants have not been sooner
lawfully terminated pursuant to any applicable laws of the State of Colorado and
Garfield County, Colorado, and the provisions herein contained, these Covenants
may be terminated on January 1 of the year 2027 by a vote of seventy-five
percent (75%) of the votes entitled to be cast by the members of the Association.
If these Covenants are not so terminated, then they shall continue to be in full
force and effect for successive twenty-five (25) year periods unless, at the close
of a 25 -year period, the Covenants are terminated by a vote of seventy-five
percent (75%) of the votes entitled to be cast by the members of the Association
at a meeting of the members duly held. In the event of any such termination by
the members, a properly certified copy of the resolution of termination shall be
placed on record in Garfield County, Colorado, not more than six (6) months
after the meeting at which such vote is cast.
21.3. Amendment of Covenants. These Covenants may be amended by a vote of
seventy-five percent (75%) of the votes entitled to be cast by the members of the
Association, said vote to be cast at a meeting of the members duly held, provided
a properly certified copy of the resolution of amendment be placed on record in
Garfield County, Colorado, no more than six (6) months after said meeting.
21.4. Applicability of Colorado Common Interest Ownership Act. Pursuant to C.R.S.
section 38-33.3-101 et seq., the Clark Subdivision is a common interest
community (a "planned community") and is, therefore, subject to all provisions
of the Colorado Common Interest Ownership Act ("CCIOA"). In the event of a
conflict between the Covenants and CCIOA, to the maximum extent permitted
by law, the provisions of the Covenants shall control.
21.5. Severability. Should any part or parts of these Covenants be declared invalid or
unenforceable by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining covenants.
21.6. Paragraph Headings and Underlining. The paragraph headings and underlining
within this instrument are for convenience only and shall not be construed to be
a specific part of the covenants contained herein.
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 13 of 14
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21.7. Limited Liability. The Association and the Board shall not be liable to any part
for any action or for any failure to act with respect to any matter if the action
taken or failure to act was in good faith without malice. The Owners severally
agree to indemnify the Association and the Board against loss resulting from
such action or failure to act if the Association and the Board acted or failed to act
in good faith and without malice.
DATED this day of 2002.
John Clark
Susanne Clark
Protective Covenants for Clark Subdivision
April 26, 2002 Draft
Located in Garfield County, Colorado
Page 14 of 14
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
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313 Sherman Street Roam $}
Denvc-r Colwacfo 00203
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March 20, 2002
Kim Schlegel
Garfield Courtly Planning Dept
109 8th St Ste 303
Glenwood Springs CO 81601
Re: Clark Subdivision Sketch Plan
NW t/. Section 13, T7S. R88W, 6TH PM
W. Division 5, W. District 38
60 Owens
Gar emar
Crex E W l hr
EWRAtive D rr,ii ,r
Hal tJ. tirnp;m, PE.
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Hear Ms. Schlegel:
We have reviewed the above referenced proposal to subdivide a parcel of approximately
52 acres into 41ots_ A single family residence and accessory dwelling is to be located on each lot.
Each lot is allowed up to 2,500 square feet of lawn and garden irrigation and up to six horses.
The applicant proposes to provide water through individual on -lot wells, consisting of an existing
well with Permit No. 20095, which was decreed in Case No. W-679 and is augmented pursuant to
Case No. 81 CW292, and three additional wwves to be approved pursuant to an augmentation plan
decreed in Case No, 00CW292. The applicant.also owns 88 shares in the Needham Ditch. which
have been used to irrigate 12.6 acres on the property. Sewage treatment is to be provided
through individual sewage disocsal systems.
Our records indicate the well with Pe; mit No. 20095 was issued on June 4, 1964 for
domestic use. In Case No W-679, which was granted on November 22, 1972. the weir was
decreed for 0,11 cubic feet per second (49 gpm) for domestic and household, stockwatering,
irrigationdf. 20 acres, fish culture and recreation uses, subject to judicial review per CRS 148-21-
20 as amended (1971). However, the decreed amount and uses are in conflict with the
referenced statute, which limited such wells to 15 gpm for ordinary household purposes. fire
protection, the watering of pou:try, domestic animals, and livestock on farms and ranches, and the
irrigation of not over one acre of Home gardens and lawns, but not for more than three single
family dweliings. Case No. 81CW292,-which was decreed an July 12, 1982. augments use in the
main residence and a guest house, the watering of '10 head of livestock. and expanded use for
one additional acre of irrigation. As such, a new permit issued pursuant to CRS 37-90-137(2) is
required to allow the use of the well per Case No. 81CW292. As of this date, an application for
such a permit has not been subrrlitted to this office.
Review of Case No. 00CW292 indicates the use requested for the three additional wells is
covered by the plan for augmentation. Our records show that applications for these wells have
not been submitted to this office.
No information was provided concerning the physical adequacy of the water supply. As
outlined in the statutes. Section 30-28-133(3)(d), .C.R_$., the subdivider is required to submit
adequate evidence that a water supply that is sufficient in terms of qualityy, quantity, and
dependability will be available to ensure an adequate supply of water. Adequate evidence is
'RRCEIVEt MAR 2 g 2002 s
1110 1.- o" UL • .e. 3UAIn, KUuer l I INVV11 R. N, c;
•
;VrUy°55570
Kim Schlegel March 20, 2002
Clark Subdivision Sketch Plan
usually provided in the fora} of a water resource report, prepared by a professional engineer or
water consultant. which addresses the quality, quantity, and dependability issues_ A report of this
nature was not provided. See the attached Guidelines for Subdivision Water Supply plan
Reports for the necessary information,
Based on the above, it is our opinion, pursuant to CRS 30-28-135(1)(h)(1), that the
proposed water supply will net cause material injury to decreed water rights, so long as the
applicant obtains and maintains valid well permits per the decreed plans for augmentatlen, and
operates the decreed teras and conditions of these plans. However, due to a lack of
information we are unable to comment on the physical adequacy {dependability) of the water
supply. Also note that the use of the irrigation water rights must not result in an expansion of
use, and a change of water right application may be necessary if the place Qf use is changed.
11 you or the applicant has any questions concerning this matter, please contact Craig Lis of this
office for assistance_
Sincerely.
7L - 71-"V
Kenneth W. Knox
Assistant State Engineer
KWK/CM[JClark ii.doe
Cc: Alan Marteliaro, Division Engineer
Michael Cone, Water Commissioner, District 38
•
iF 3/ 3
G A M B A
Be ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
PHONE: 970/945-2550
FAX: 970/945-1410
113 NINTH STREET,
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
May 1, 2002
Kim Schlagel
Garfield County Building and Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Clark Subdivision Preliminary Plan Percolation Tests
Dear Kim:
Gamba & Associates, Inc. has performed preliminary percolation testing in the vicinity of
the proposed building envelopes for the Clark Subdivision. The testing conformed to the
Garfield County Regulations applicable forr obtaining percolation rates. A single
percolation test was conducted for each proposed building location and yielded the
following results:
Lot 2 = 20 minutes/inch
Lot 3 = 6 minutes/inch
Lot 4 = 40 minutes/inch
All three of the percolation rates are within the specified limits and indicate Individual
Sewage Disposal Systems (ISDS) for residential construction will be adequate for the
site. These tests are only used as an indication of the percolation rate within the area of
the proposed building locations. Site specific testing will have to be performed at the time
of building permit application and prior to an ISDS design for each residence.
If you have any questions, please call.
Sincerely,
Gamba & Associates, Inc.
J'
Nathan Bell P./
cc: Robert Noone, Dean Moffatt
G:\98749-01\Pert Test report.doc
Clark Subdivision Percolation Testing
May I, 2002
Page 1 of 1
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
PHONE: 970/945-2550
FAx: 970/945-1410
•
113 NINTH STREET,
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
April 30, 2002
Christopher Manera
Colorado River Engineering, Inc.
P.O. Box 1301
Rifle, Colorado 81650
Re: Clark Subdivision Preliminary Plan
Dear Chris:
The following is in response to your Engineering Review dated April 3, 2002 provided
for the Clark Subdivision. The response numbers correspond to the numbers and items
provided in your review.
Preliminary Plan Map and Existing Conditions
1. We are currently working with Sam Phelps, the County Surveyor, with
respect to the portions of County Road 103 that appear to be outside of the
County's defined right-of-way. At this time, we are waiting for a response
from Mr. Phelps.
2. Easements have been provided in the locations where proposed utilities shall
access the property and be required to cross adjacent lots. The overhead
utility line serving the existing residence will be shown and is proposed to be
relocated underground in the drive accessing Lot 1. All utility mains are
currently located in the County Road 103 right-of-way and the service lines
are proposed to access the lots adjacent to or within the proposed driveways.
3. Covenants have been provided by others.
4. Mineral owners and lessees information will be provided on the Plat.
Soils and Geologic Constraints
A plat note shall be added identifying the need for a site-specific geotechnical
study and design for each lot.
Driveway Access
The proposed access driveway to Lots 3 and 4 shall conform to the requirements
as defined by the County Road and Bridge Department in their Access Permit.
The location is also subject to approval by the Road and Bridge Department and
the entrance will be constructed to meet all sight distance and design
requirements.
Clark Subdivision Engineering Review Response
April 30, 2002
Page 1 of 2
Attached is a centerline profile for the proposed driveway accessing Lot 3 as
depicted on the Preliminary Plan. The steepest grade encountered along the road
as proposed is 8.03%.
If you have any questions, please call.
Sincerely,
Gamba & Associates, Inc.
6,4 (
Nathan Bell,
Enclosures: Lot 3 Access Driveway Profile
cc: Kim Schlagel, Robert Noone, Dean Moffatt
G:\98749-01\Chris Manerra Response letter 043002.doc
Clark Subdivision Engineering Review Response
April 30, 2002
Page 2 of 2
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LOT 3 ACCESS DRIVEWAY
PROFILE
SCALE: P' = 100'
DATE: APRIL 30, 2002
DRAWN BY: NB
SHEET -.1 OF1
PROJECT. 98149.01
CHKD BY, NJB
DRAWING prelim -PLAN -MAP update 043002.dwg
DIRECTORY- 0:\98749-01\
GAMBA
A ASSOCIATES
CLARK SUBDIVISION
GAMBA & ASSOCIATES. INC.
CONSULTING ENGINEERS & LAND SURVEYORS
970/945-2550 WWW.GAMBAENGINEERING.COM
113 NINTH ST.. STE. 114 P.O. RO1 1036 GLENWOOD SPRINGS, CO 111603
Robert M. Noone
Gregory J. Hall
Of Counsel
James H. Delman
• •
ROBERT M. NOONE, P.C.
ATTORNEYS AT LAW
THE TAMARACK BUILDING, 1001 GRAND AVENUE, SUITE 207
P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602
April 26, 2002
Kim Schlagel
Senior Planner
Garfield County Building & Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Clark Subdivision Preliminary Plan
Dear Kim:
Telephone: 970-945-4500
Facsimile: 970-945-5570
Toll Free: 800-813-1559
E -Mail: rmn(a,noonelaw.com
In partial response to the comments on the Clark Subdivision Plan made by Colorado River
Engineering, Inc., the Colorado Division of Wildlife, the Colorado Geologic Survey and the
Carbondale Rural Fire Protection District, I enclose a revised set of Covenants for the Clark
Subdivision.
With specific reference to the referral agency comments, I offer the following:
1. Colorado River Engineering, Inc. comments.
a. Preliminary Plat Map Comments: Nathan Bell, of Gamba & Associates
Engineering, is revising the Plat IN consultation with the County Surveyor in
order to appropriately address C.R.E.'s comments concerning items to be
identified on the Plat, it is expected that the revised Plat will be submitted by
May 1, 2002.
b. Potable Water Supply Plan: We have previously submitted to you the letter
report of Resource Engineering, Inc. dated April 9, 2002 confirming that a
well pump test is to be conducted on the property. An engineering report will
follow shortly. Due to scheduling difficulties, it appears that the earliest the
pump test can be completed is May 1. We expect to be able to provide to you
a report complying with Section 4.91.E immediately following the test. I
Kim Schlagel
April 26, 2002
Page 2
• •
trust that the Resources Engineering reports adequately address C.R.E.'s
substantive "Water Right" concerns.
With respect to the clerical error noted by C.R.E., the inconsistencies are
legally immaterial and do not affect the Augmentation Decree, which is based
upon total depletions of 0.90 acre feet, as correctly shown in the decree.
Furthermore, the State Engineer concluded on March 20, 2002 that the
proposed water supply will not cause material injury to vested water rights of
others. We would propose to correct the clerical error in the decree in further
diligence proceedings before the Division 5 Water Court.
In order to administer the augmentation plan, Section 16.1 of the attached
Covenants, provides that the Homeowner's Association will be the
responsible entity.
c. Raw water supply: It is not currently anticipated that the Needham Ditch
interests owned by the Clarks will be divided among the four lots. If it is
determined in the future that such a division would be appropriate, it will be
accomplished in accordance with the Needham Ditch Rules and Regulations.
d. Wastewater: CTL Thompson has completed percolation testing and we
expect to provide a written report to you early next week which demonstrates
the suitability of the property for ISDS wastewater treatment.
e. Soils and Geologic Constraints: As indicated above, Nathan Bell is currently
consulting with the County Surveyor to determine appropriate plat notes.
f. Driveway Access: Nathan Bell is responding to C.R.E.'s comments with
respect to driveway access. We believe that the access to County Rd. 103 is
appropriate and that it complies with the County Road & Bridge
Department's recommendations. Mr. Bell will further demonstrate that the
driveway grades are well below 10%.
2. Division of Wildlife.
a. Dogs: The attached Covenants limit each lot to one dog and puppies up to
three months old which shall be under the control of the Owner of each Lot.
(Section 9)
The Covenants also prohibit contractors and subcontractors from bringing
dogs to the subdivision.
Kim Schlagel
April 26, 2002
Page 3
• •
It should be noted that cats are to be under the control of the owners as well.
b. Fencing: Fencing is addressed in paragraph 17.C., and consistent with the
recommendations of the DOW.
c. Bears/Trash Removal: Section 19.G., incorporates DOW' s recommendations.
d. Riparian / Wetlands: There are no riparian or wetlands areas within the
Subdivision.
e. Colorado Geologic Survey: Again, we expect to provide you with a
percolation test report early next week. With respect to appropriate plat notes
addressing soils issues, Mr. Bell of Gamba & Associates will consult with the
County Surveyor.
3. Carbondale & Rural Fire Protection District.
a. Sections 3.8, 5, 17.D. of the Covenants address the Fire District's
wild fire concerns. In addition, Section 17.4 will require automatic
indoor fire sprinkler systems be installed in all new dwelling units.
I trust the foregoing will assist in your review of the Preliminary Plan. Please contact me
with any further comments or concerns you may have.
Very truly yours,
ROBERT M. NOONE, P.C.
By:
Robert M. Noone
RMN/jp
cc: John and Susanne Clark
Dean Moffatt
Nathan Bell
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
TRANSMITTAL
DATE: June 4, 2002 TIME: 12:30 p.m.
PROJECT NAME: Clark Subdivision
PROJECT NUMBER: 98749-01
To: Christopher Manera
COMPANY: Colorado River Engineering, Inc.
ADDRESS: P.O. Box 1301
Rifle, CO 81650
PHONE: 625-4933 FAX: 625-4564
FROM: Nathan Bell
RE:
Revised post -development storm run-off calculations
CC: Kim Schlagel —Garfield County, Robert Noone 945-5570, Dean Moffatt 945-2203
WE HEREWITH TRANSMIT THE FOLLOWING:
X DRAWINGS ❑ CONTRACT DOCUMENTS ❑ BID DOCUMENTS ❑ SPECIFICATIONS
❑ PRODUCT LITERATURE ❑ CHANGE ORDER X OTHER
FOR YOUR:
El 0. APPROVAL ❑REVIEW & COMMENT ❑ DISTRIBUTION TO PARTIES X RECORD X INFORMATION ❑ USE
• COMMENTS:
PHONE: 970/945-2550
FAX: 970/945-1410
•
113 NINTH STREET,
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
PHONE: 970/945-2550
FAX: 970/945-1410
113 NINTH STREET.
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS.
COLORADO 81602-1458
June 4, 2002
Christopher Manera
Colorado River Engineering, Inc.
P.O. Box 1301
Rifle, Colorado 81650
Re: Clark Subdivision Preliminary Plan - Drainage
Mr. Manera:
The following is an update for the storm drainage calculations associated with the
proposed three residences.
Upon review of the calculations that were provided with the Preliminary Plan submittal,
it was discovered that a lawn area of approximately only 5,900 square feet was used in
the post -development drainage calculations instead of the 12,000 square feet stated in the
original report. The 5,900 square feet is more consistent with the proposed 2,500 square
feet of irrigated area provided for in the augmentation plan. However, for checking
purposes, we have redone the runoff calculations reducing the proposed irrigated lawn
area down to the 2,500 square feet. The calculation sheets are attached. The revised post -
development peak run-off rates are as follows:
Sub -basin A: 9.08 cubic feet per second (cfs)
Sub -basin B: 4.86 cfs
Sub -basin C: 6.72 cfs
Sub -basin D: 3.11 cfs
Sub -basin E: 3.00 cfs
The pre -development peak run-off rates for the sub -basins are as follows (for comparison
purposes):
Sub -basin A: 9.07 cfs
Sub -basin B: 4.87 cfs
Sub -basin C: 6.61 cfs
Sub -basin D: 3.02 cfs
Sub -basin E: 2.96 cfs
Once again, the increases in any of the peak run-off numbers are minimal if any at all and
they are well within the margin of error associated with the calculation process of run-off
rates. It should also be noted that the calculations assume a worst case scenario for the
post -development conditions creating the highest possible post -development runoff. Even
with the revised calculations, we still are not proposing any mitigation for the storm
drainage.
Clark Subdivision Storm Drainage Mitigation
June 4, 2002
Page 1 of 2
If you have any questions, please call.
Sincerely,
Gamba & Associates, Inc.
Nathan Bell, P.E.
Enclosures: Storm Drainage calculations
cc: Kim Schlagel, Robert Noone, Dean Moffatt
G:\98749-01\Chris Manerra Response letter 060402.doc
Clark Subdivision Storm Drainage Mitigation
June 4, 2002
Page 2 of 2
sub-a-post100 REVISED 060402.txt
TR -55 Tabular Hydrograph Method
Input Summary
Description
Subbasin A, Post -develop 100
Rainfall Distribution Type II
Ia/P Interpolation On
Total Area 13.9989 ac
Peak Time 12.2000 hrs
Peak Flow 9.0761 cfs
Given Input Data:
Subarea D/S Subareas Area
Description (ac)
CN
Tc Tt Rainfall
(hrs) (hrs) (in)
A
Support Data:
Subarea Name: A, Row: 1
Sheet Flow
13.9989
72 0.2172 0.0000 2.6000
Description
Manning's n 0.4000
Flow Length 42.0817 ft
Two Yr, 24 hr Rainfall 1.2000 in
Land Slope 0.1182 ft/ft
Computed Sheet flow time > 0.1437 hrs
Messages:
Info: Time of Concentration rounded to 0.2000 hrs in row <1>.
Shallow Concentrated Flow
Description
Surface Unpaved
Flow Length 193.4568 ft
Watercourse Slope 0.1109 ft/ft
Velocity 5.3731 fps
Computed Shallow flow time > 0.0100 hrs
Messages:
Info: Time of Concentration rounded to 0.2000 hrs in row <1>.
Channel Flow
Description
Flow Area 1.9500 ft2
Wetted Perimeter 8.0594 ft
Flow Length 1089.2449 ft
Channel Slope 0.0957 ft/ft
Manning's n 0.0375
Hydraulic radius 0.2420 ft
Velocity 4.7599 fps
Computed Channel flow time > 0.0636 hrs
Messages:
Info: Time of Concentration rounded to 0.2000 hrs in row <1>.
Page 1
sub-a-post100 REVISED 060402.txt
***************************
Total Time of Concentration > 0.2172 hrs
****************************
Composite Runoff Curve Number Calculator
Description
Area (ac) Curve Number
Soill06 Juniper 9.1020 75
Soi195 Sage 4.7899 67
Lot2 Res 0.0500 98
Lot2 Lawn 0.0570 61
Total Area > 13.9989 72 < Weighted CN
Messages:
Info: Time of Concentration rounded to 0.2000 hrs in row <1>.
Page 2
sub-b-post100 REVISED 060402.txt
TR -55 Tabular Hydrograph Method
Input Summary
Description
Subbasin B, Post -develop 100
Rainfall Distribution Type II
Ia/P Interpolation On
Total Area 9.7089 ac
Peak Time 12.4000 hrs
Peak Flow 4.8563 cfs
Given Input Data:
Subarea D/S Subareas Area
Description (ac)
CN
Tc Tt Rainfall
(hrs) (hrs) (in)
B
Support Data:
Subarea Name: B, Row: 1
Sheet Flow
9.7089 73 0.4036 0.0000 2.6000
Description
Manning's n 0.4000
Flow Length 76.5000 ft
Two Yr, 24 hr Rainfall 1.2000 in
Land Slope 0.0562 ft/ft
Computed Sheet flow time > 0.3120 hrs
Messages:
Info: Time of Concentration rounded to 0.4000 hrs in row <1>.
Shallow Concentrated Flow
Description
Surface Unpaved
Flow Length 345.0732 ft
Watercourse Slope. 0.1109 ft/ft
Velocity 5.3731 fps
Computed Shallow flow time > 0.0178 hrs
Messages:
Info: Time of Concentration rounded to 0.4000 hrs in row <1>.
Channel Flow
Description
Flow Area 1.2480 ft2
Wetted Perimeter 6.4475 ft
Flow Length 1089.2449 ft
Channel Slope 0.0957 ft/ft
Manning's n 0.0375
Hydraulic radius 0.1936 ft
Velocity 4.1020 fps
Computed Channel flow time > 0.0738 hrs
Messages:
Info: Time of Concentration rounded to 0.4000 hrs in row <1>.
Page 1
sub-b-post100 REVISED 060402.txt
***************************
Total Time of Concentration > 0.4036 hrs
****************************
Composite Runoff Curve Number Calculator
Description
Area (ac) Curve Number
Soi1106-85 Juniper 6.8560 75
Soi195 Sage 2.5089 67
Lotl Res 0.0870 98
Lotl Drive 0.1500 85
Lot4 Res 0.0500 98
Lot4 Lawn 0.0570 61
Total Area > 9.7089 73 < Weighted CN
Messages:
Info: Time of Concentration rounded to 0.4000 hrs in row <1>.
Page 2
sub-c-post100 REVISED 060402.txt
TR -55 Tabular Hydrograph Method
Input Summary
Description
Subbasin C, Post -develop 100
Rainfall Distribution Type II
Ia/P Interpolation On
Total Area 16.7610 ac
Peak Time 12.6000 hrs
Peak Flow 6.7166 cfs
Given Input Data:
Subarea D/S Subareas Area
Description (ac)
CN
Tc Tt Rainfall
(hrs) (hrs) (in)
C
Support Data:
Subarea Name: C, Row: 1
Sheet Flow
16.7610
73 0.5503 0.0000 2.6000
Description
Manning's n 0.4000
Flow Length 139.6583 ft
Two Yr, 24 hr Rainfall 1.2000 in
Land Slope 0.0605 ft/ft
Computed Sheet flow time > 0.4904 hrs
Messages:
Info: Time of Concentration rounded to 0.5000 hrs in row <1>.
Info: Time of Travel rounded to 0.1000 hrs in row <1>.
Shallow Concentrated Flow
Description
Surface Unpaved
Flow Length 436.1997. ft
Watercourse. Slope 0.1330 ft/ft
Velocity 5.8841 fps
Computed Shallow flow time ...> 0.0206 hrs
Messages:
Info: Time of Concentration rounded to 0.5000 hrs in row <1>.
Info: Time of Travel rounded to 0.1000 hrs in row <1>.
Channel Flow
Description
Flow Area 1.0080 ft2
Wetted Perimeter 5.4475 ft
Flow Length 1089.2449 ft
Channel Slope 0.0778 ft/ft
Manning's n 0.0175
Hydraulic radius 0.1850 ft
Velocity 7.6909 fps
Computed Channel flow time > 0.0393 hrs
Page 1
sub-c-post100 REVISED 060402.txt
Messages:
Info: Time of Concentration rounded to 0.5000 hrs in row <1>.
Info: Time of Travel rounded to 0.1000 hrs in row <1>.
***************************
Total Time of Concentration > 0.5503 hrs
****************************
Composite Runoff Curve Number Calculator
Description
Area (ac) Curve Number
Soil106-85 Sage 7.8300 75
Lot4 drive 0.2200 85
Lot4 res 0.0500 98
Lot 4 Lawn 0.0570 61
Soi195 Jun 1.9900 73
Lot2 drive 0.1100 89
Lotl Drive 0.1430 85
Soill06-85 Ag 6.3610 69
Total Area > 16.7610 73 < Weighted CN
Messages:
Info: Time of Concentration rounded to 0.5000 hrs in row <1>.
Info: Time of Travel rounded to 0.1000 hrs in row <1>.
Page 2
sub-d-post100 REVISED 060402.txt
TR -55 Tabular Hydrograph Method
Input Summary
Description
Subbasin D, Post -develop 100
Rainfall Distribution Type II
Ia/P Interpolation On
Total Area 8.4708 ac
Peak Time 12.7000 hrs
Peak Flow 3.1063 cfs
Given Input Data:
Subarea D/S Subareas Area
Description (ac)
CN
Tc Tt Rainfall
(hrs) (hrs) (in)
D
Support Data:
Subarea Name: D, Row: 1
Sheet Flow
8.4708 74 0.6927 0.0000 2.6000
Description
Manning's n 0.4000
Flow Length 153.3897 ft
Two Yr, 24 hr Rainfall 1.2000 in
Land Slope 0.0395 ft/ft
Computed Sheet flow time > 0.6268 hrs
Messages:
Info: Time of Concentration rounded to 0.7500 hrs in row <1>.
Shallow Concentrated Flow
Description
Surface Unpaved
Flow Length 279.8859 ft
Watercourse Slope 0.1330 ft/ft
Velocity 5.8841 fps
Computed Shallow flow time > 0.0132 hrs
Messages:
Info: Time of Concentration rounded to 0.7500 hrs in row <1>.
Channel Flow
Description
Flow Area 0.5625 ft2
Wetted Perimeter 4.5297 ft
Flow Length 498.2545 ft
Channel Slope 0.0923 ft/ft
Manning's n 0.0175
Hydraulic radius 0.1242 ft
Velocity 6.4212 fps
Computed Channel flow time > 0.0216 hrs
Messages:
Info: Time of Concentration rounded to 0.7500 hrs in row <1>.
Page 1
sub-d-post100 REVISED 060402.txt
Channel Flow
Description
Flow Area 0.7200 ft2
Wetted Perimeter 2.7889 ft
Flow Length 590.3748 ft
Channel Slope 0.0441 ft/ft
Manning's n 0.0240
Hydraulic radius 0.2582 ft
Velocity 5.2718 fps
Computed Channel flow time > 0.0311 hrs
Messages:
Info: Time of Concentration rounded to 0.7500 hrs in row <1>.
***************************
Total Time of Concentration > 0.6927 hrs
****************************
Composite Runoff Curve Number Calculator
Description
Area (ac) Curve Number
Soill06-85 Juniper 5.8660 75
Drives 0.3000 85
Lot3 Res 0.0500 98
Lot3 Lawn 0.0570 61
Soill06-85 Ag 2.1978 69
Total Area > 8.4708 74 < Weighted CN
Messages:
Info: Time of Concentration rounded to 0.7500 hrs in row <1>.
Page 2
sub-e-post100 REVISED 060402.txt
TR -55 Tabular Hydrograph Method
Input Summary
Description
Subbasin E, Post -develop 100
Rainfall Distribution
Ia/P Interpolation
Total Area
Peak Time
Peak Flow
Given Input Data:
Type II
On
3.3370 ac
12.3000 hrs
3.0014 cfs
Subarea D/S Subareas
Description
Area
(ac)
CN
Tc
(hrs)
Tt Rainfall
(hrs) (in)
E
Support Data:
Subarea Name: E, Row: 1
Sheet Flow
3.3370
79 0.2916
0.0000 2.6000
Description
Manning's n 0.4000
Flow Length 96.7695 ft
Two Yr, 24 hr Rainfall 1.2000 in
Land Slope 0.1510 ft/ft
Computed Sheet flow time > 0.2536 hrs
Messages:
Info: Time of Concentration rounded to 0.3000 hrs in row <1>.
Shallow Concentrated Flow
Description
Surface
Flow Length
Watercourse Slope
Velocity
Computed Shallow flow time
Messages:
Info: Time of Concentration rounded
Unpaved
212.2368 ft
0.1316 ft/ft
5.8531 -fps
> 0.0101 hrs
Channel Flow
Description
Flow Area
Wetted Perimeter
Flow Length
Channel Slope
Manning's n
Hydraulic radius
Velocity
Computed Channel flow time
Messages:
Info: Time of Concentration
to 0.3000 hrs in row <1>.
0.7200 ft2
2.7889 ft
484.8873 ft
0.0197 ft/ft
0.0175
0.2582 ft
4.8322 fps
> 0.0279 hrs
rounded to 0.3000 hrs in row <1>.
Page 1
sub-e-post100 REVISED 060402.txt
***************************
Total Time of Concentration > 0.2916 hrs
****************************
Composite Runoff Curve Number Calculator
Description
Area (ac) Curve Number
Soi195 Ag 3.1930 79
Lotl drive 0.0370 89
Lot2 Res 0.0500 98
Lot2 Lawn 0.0570 74
Total Area > 3.3370 79 < Weighted CN
Messages:
Info: Time of Concentration rounded to 0.3000 hrs in row <1>.
Page 2
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
WWW.GAMOPENGINEERING COM
PHONE: 970/945-2550
FAX: 970/945-1410
113 NINTH STREET,
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
February 28, 2002
TO: Garfield County Planning Department
FROM: Nathan Bell, Gamba & Associates, Inc.
Re: Clark Subdivision Preliminary Plan Submittal
It has come to my attention that during the course of making copies of the Preliminary
Plan submittal for the Clark Subdivision, a portion of the WATER SUPPLY PLAN
provided in APPENDIX E was omitted from several of the submitted documents. I have
attached a copy of the "BASALT WATER CONSERVANCY DISTRICT WATER
ALLOTMENT CONTRACT NO. 376" which should be added to APPENDIX E. I
apologize for any inconvenience this may have caused.
If you have any questions, please feel free to call.
Sincerely,
Gamba & Associates, Inc.
Nathan Bell, P.
Attachment: Basalt Water Conservancy District Water Allotment Contract No. 376
cc: Robert Noone, Dean Moffatt, John and Susanne Clark
G:\98749-01\Preliminary plan Appendix E addition.doc
Clark Preliminary Plan APPENDIX E addition
February 28, 2002
Page 1 of I
■.■•■■
••
•• R E S URC E
•
111.11..
.....
■.■.■ E N G I N E E R I N G INC.
Ms. Kim Schlagel
Garfield County Building & Planning Dept.
109 Eighth St., Suite 303
Glenwood Springs CO 81601
March 1, 2002
RE: Conflict of Interest - Clark Subdivision Review
Dear Kim:
Resource Engineering, Inc. (RESOURCE) must withdraw from our review assignment
regarding the Clark Subdivision Preliminary Plan submittal. Bob Noone, Attorney for the
Clarke called in response to our preliminary review comments transmitted to Garnba '
Associates in our conference call yesterday. Mr. Noone indicated that Paul Bussone in our
office did the water rights engineering for the Clark's augmentation plan decreed in Case
No. 00CW292. As you know, there were no letters or reports prepared by RESOURCE in
the submittal. Paul did the water rights work in the Fall of 2000 and I was not aware of
this work. In light of this information, RESOURCE has a potential conflict of interest with
this review assignment.
We appreciate the opportunity to be of service to the County and look forward to working
with you on other projects.
Sincerely,
RESOURCE ENGINEERING, INC.
Michael J.'Erlon, P.E.
Water Resources Engineer
MJE/dlh ks clerk review withdrawl.885.wpd
885-9.0
CC: Don DeFord, Esq.
Robert M. Noone, Esq.
RECEIVED MAR 0 4 2002
Consulting Engineers and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 81 801 • (970) 945-8777 • Fax (970) 945-1137
• •
April 1, 2002
Ms Kim Schlagel
Garfield County Planning
109 8t St Suite 301
Glenwood Springs, CO 81601
Re: Clark Subdivision
CGS Review No. GA -02-0006
Dear Ms Schlagel:
NWNE13 T7S R88W
In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to
review the plat. Included in the referral were a drainage plan and calculations prepared by
Gamba & Associates (February 2002), and a Geologic Evaluation and Preliminary Geotechnical
Investigation prepared by CTL/Thompson (January 2002). The site is a 52 -acre parcel on CR 103
to be divided into 4 residential lots.
Drainage. The site is located in the basalt -capped Missouri Heights area and is currently a mix
of pastureland and forest (juniper and fir). Slopes in the vicinity of the proposed building
envelopes are moderate, ranging up to 16 percent on lot 3. The limited development will hardly
alter surface flows from the site, but we recommend that during earthwork and construction, best
management practices be implemented to prevent erosion and sediment migration. The chief area
of concern is the new access from CR 103 that will serve lots 3 and 4. The roadside swale just
downslope of the access point develops into a deep broad gulch within a distance of about 350 ft.
Earthwork for the access drive should guard against deep cuts that could increase erosion in this
area. Disturbed areas should be reseeded as soon as possible.
We agree with CTL/Thompson's suggestion to line the irrigation ditches that will remain in use
near the proposed homesites to prevent seepage to foundation areas.
Soil. The soil is composed chiefly of colluvial material that has weathered from the basalt
bedrock. Much of the rockier area is excluded from development, but there may still be some
localized areas where excavating will be difficult.
CTL/Thompson performed swell -consolidation tests on two samples of sandy clay and found one
sample with moderate swell and one sample with moderate consolidation potential. The
foundation recommendations made by CTL/T are appropriate to the test results: where
moderately expansive material is present at proposed footing elevations, mitigation in the form of
specially designed footings or overexcavation of the expansive soil should be considered.
• •
Clark Subdivision, p.2
ISDS. Percolation tests were not performed because of the frozen ground. The Morval soil type
is described by the Soil Conservation Service as having slow percolation rates; it is possible that
this soil will require some mixing with sand to improve permeability. Conversely, where
percolation rates are very fast because of the abundance of gravel and cobbles, the material may
require overexcavation and replacement with a more suitable filter material. If shallow bedrock
is encountered in a leach field area, an alternative site should be considered, or an engineered
system might need to be installed.
Provided the comments listed above and the recommendations stated in the CTL/Thompson
report are followed, CGS has no objection to the proposed development. Please call me if there
are any questions.
Yours truly,
Celia Greenman
Geologist
r4IIIIIPtup COLORAD•
RIYERNG
•
RECEIVED APR 0 4 2002
‘_
RIVER
EINEERING, INC.
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
April 3, 2002
Ms. Kim Schlagel
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Clark Subdivision Preliminary Man — Engineering Review
Dear Kim:
As requested, Colorado Riva Engineering, Inc. has reviewed the Preliminary Plan application for
the Clark Subdivision. We have reviewed the applicants February 18, 2002 bound submittal packet,
attended a field investigation with Sundesign Architects, and met with the project engineer, Mr.
Nathan Bell, of Gamba and Associates, Inc. Also, discussions were held with the County Surveyor
and Road and Bridge Department to address access and improvement issues with County Road 103.
A brief overview of the project, recommendations, and issues that require additional attention are
summarized in this letter report.
Background
The property consists of about 52.27 acres at an elevation of 6,900 feet located in Section 13,
Township 7 South, Range 88 West, of the 6th Prime Meridian. The property is situated in the Cattle
Creek watershed about 3 -miles northeast of Carbondale. County Road 103 accesses portions of the
southern and eastern property boundary. An unidentified ditch or lateral enters the higher elevation
northeastern corner of the property. The Park Ditch traverses the lower elevation western property
boundary. Improvements include an existing home and out -buildings. Pockets of natural
vegetation, predominantly pinion and juniper, surround multiple fields of irrigated grass and pasture
area.
The proposed subdivision will create 4 -lots total. Lot 1 includes the existing home and is the largest
parcel at 20.47 -acres. The three remaining lots (2 through 4) range in size between 10 to 11 acres
each. No internal roads are proposed. Lot 2 will share a portion of the existing driveway serving
Lot 1. Lots 3 and 4 will share a common driveway access point from County Road 103 along the
southern property boundary. The proposed water supply is individual wells with wastewater treated
using Individual Sewage Disposal Systems (ISDS).
Review Comments and Recommendations
Preliminary Plat Map and Existing Conditions
1. Portions of County Road 103 are outside its recorded easement and are located
within the Clark property legal description. It is our understanding that the County's
policy has been to identify additional easement width on the plat for these situations.
1
• •
The county surveyor should be consulted on plat notes or easement identification
requirements.
2. The existing conditions map should reflect the location of existing irrigation ditches
and utilities on the property. The location and availability of offsite utilities to
service the new lots should also be identified. Easements should be provided on the
plat map for shared ditches or utility lines that currently or in the future will cross
lots within the subdivision. For example, no easement is provided for the overhead
power lines observed running through Lot 2 and serving the existing home (lotl).
3. A reference to Covenants are identified on the Plat but were not included in the
submittal packet.
4. Names and addresses of mineral owners and lessees are required on the Plat.
Potable Water Supply Plan
The existing Sherwood Well No.1 will continue to serve the home on Lot -1. Three new wells (not
currently drilled) are proposed to serve each new lot.
Physical Availability - Information will need to be submitted addressing physical water quality,
quantity and dependability for the existing or proposed wells in accordance with section 4:91 of the
Subdivision Regulations of Garfield County. For water supply systems served by individual wells
the regulations proof of physical supply and water rights is specifically addressed in Section 4:91.D
and 4:91.E as follows:
D. If individual water systems shall be provided by lot owners, a report
indicating the availability of ample potable ground water at reasonable depths
throughout the subdivision and the expected quality and long-term yield of such
wells, with the written report by a registered professional engineer licensed by the
state of Colorado, qualified to perform such work; and
E. If applicable, a plan for Augmentation and a plan for subdivision water
supplies, as required by law, with the supporting engineering work signed by a
Colorado registered engineer, shall be submitted by the applicant, even if the
applicant is not the actual supplier of water.
Water quality for the project will not be subject to any water standards administered by the
Colorado Department of Health and Environment. As a minimum, we recommend water quality be
tested for bacteria, nitrates, and nitrites.
Water Rights — A water supply report should be submitted in accordance with section 4.91.E (see
above). A brief description of the water rights has been prepared using available information in the
application.
2
• •
Lot 1
Reportedly, the Sherwood Well No. 1 serving Lot 1 has been decreed and is covered under its own
augmentation plan. The well uses replacement water leased from the Carbondale Land
Development Corporation (CLDC) to augment depletions to Cattle Creek. An engineering report
should summarize the well decree, augmentation decrees, and well permit limits. The report should
identify if the water rights are adequate to supply the proposed two dwelling units.
Lots 2,3, and 4
Court Case No. 00CW292 was included in the application packet. The decree develops water rights
and a plan for augmentation for each of the three new wells. Each well is decreed for service to two
dwellings units, irrigation of up to 2,500 square feet, and livestock watering of 6 head. The
augmentation plan uses augmentation water from CLDC to replace out -of -priority depletions to
Cattle Creek during the irrigation season and augmentation water from the Basalt Water
Conservancy District (BWCD) to augment non -irrigation season water right calls from the Roaring
Fork River or Colorado River. The BWCD water contract was included in the application. An
engineering report should also be prepared summarizing the water rights and augmentation plans
associated with these three wells.
Our preliminary review of the decree noted inconsistencies and errors in calculating the well
diversion and depletion amounts. The actual well depletions were calculated to be 0.948 acre-feet
and is greater than the 0.7 acre-feet of augmentation contract water identified in the decree. It is our
opinion that the augmentation plan could require corrective measures or additional contract water
requirements in order to obtain valid well permits prior to final plat. Legal counsel should review
this matter.
Pursuant to terms of the decree, the Colorado Division of Water Resources will require proof of
water contracts with the BWCD and CLDC, and the existence of a homeowner's association prior
issuance of well permits. The homeowners association will have to be developed before approval
of any final plat.
Raw Water Supply
The decree for the new wells indicates that the applicant has an ownership interest in the Needham
Ditch. The application does not identify if water rights associated with the property will be divided
among the four lots. If a water rights split is to occur, then provisions should be provided to address
cost sharing of common portions of the irrigation delivery and distribution system.
Wastewater
Individual Sewage Disposal Systems (ISDS) are proposed for wastewater treatment. The soils
report prepared by CTL Thompson, Inc. (CTL) stated that percolation testing could not be
3
• •
completed due to winter conditions. CTL believes 1SDS will be appropriate at the site and that
"engineered systems" will be required for percolation rates outside the 5 to 60 minutes per inch
range. The soils survey data rates the building -envelope soils as "severe" for septic tank and
absorption fields. We recommend that percolation tests be completed at the property prior to
preliminary plat approval based on the soil survey rating and the water right limitations that could
be associated with "engineered systems" (i.e. the augmentation plan would not cover the use of an
evapotranspiration system).
To promote proper maintenance of any ISDS facilities we recommend that the covenants identify a
minimum inspection period of at least yearly as recommended in the Operation and Maintenance
Guide prepared by Gamba and Associates, Inc.
Soils and Geologic Constraints
No geologic conditions or hazards were identified in the CTL report that would preclude
development of the property for the intended uses. CTL identifies the need for additional design
level geotechnical studies to develop design level recommendations and construction criteria for
individual buildings. We recommend that the Plat identify the need for site-specific geotechnical
studies and design criteria be completed prior to building permit approval.
Driveway Access
The driveway serving Lots 1 and 2 will utilize the historic driveway access. A new -shared
driveway entrance to Lots 3 and 4 is proposed along the southern property boundary. No design
improvements were included in the design packet. The county road and bridge department as part
of the driveway permit process typically requires:
1) Culvert installation,
2) Perpendicular entrance conditions to the county road,
3) Sufficient driveway entrance width (+30') to accommodate tractor
trailers,
4) The first 30' of driveway to have less than 4% slope, and
5) At least an 8 -foot asphalt apron at the road and driveway intersection.
The above items should be included as a condition of approval.
The new driveway has been situated at a location recommended by the road and bridge department
and approved by Gamba and Associates. A site visit revealed that the access sight distance along
County Road 103 could be significantly improved if vegetation and other obstructions were
removed. In order to improve sight distance and safety, we recommend that obstructions be
removed for a distance of at least 20 -feet from the northern edge of the county road at least 200 -feet
in each direction.
4
•
The centerline for the driveway to Lot 3 appears to have grades that exceed 10%. We recommend
that any Preliminary Plat approval be conditioned on submittal of design drawings detailing the
shared driveway entrances, removal of sight obstructions, and demonstration that the driveway to
Lot 3 can be constructed without exceeding a slope of 10%.
The future maintenance costs for the shared sections of driveway should be addressed through the
covenants or homeowners association.
If you have any questions, we can be reached at 970-625-4933.
CM:cm
review1.doc
Sincerely,
Christ6pher Manera, P.E.
5
•I.•• ES URGE
••••■
■■■■■ E N G I N E E R I N G I N C.
Ms. Kim Schlagel
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs CO 81601
RE: Clark Subdivision
May 1, 2002
Dear Ms. Schlagel:
On April 30, 2002 Resource Engineering, Inc. supervised a 4 hour pump test of the existing
well serving Lot 1 in the proposed Clark Subdivision. The existing well is decreed as
Sherwood Well No. 1 and carries permit No. 20095.
The well is completed in sandstone formation at a depth of 222 feet.
Static water level was 146.7' prior to pumping. Total drawdown after 4 hours of pumping
at 17.5 gpm was less than one foot (10 3/4"). Recovery occurred within 3 minutes. A copy
of the data is attached.
The well exhibited the ability to provide a reliable physical water supply for the proposed
uses which include a single family home, an ADU, 2,500 s.f. or irrigation and up to 6
horses. This conclusion is supported by the fact that the well has served the existing home
and amenities for many years.
It is also our professional opinion that the proposed Clark Lots 2, 3 and 4 Wells can be
completed in the same aquifer and obtain similar water yields, that is 15 gpm and 1.0
AF/year. The proposed wells are located approximately 600 feet apart and should not
create any well to well interference.
Therefore, it is our conclusion based on the pump test and an evaluation of local geology
that is reliable physical water supply is available to all four lots in the Clark Subdivision as
proposed.
Sincerely,
RESOUI CE ENGINEERING, INC.
sn�
auI S. Bussone, P.E.
Water Resources Engineer
PSB/mmm
842-1.0 ks pump test.842.wpd
CC: Robert Noone, Esq.
Consulting Engineers and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 81 901 • (970) 945-6777 • Fax (970) 945-1137
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
PHONE: 970/945-2550
FAX: 970/945-1410
113 NINTH STREET.
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
May 1, 2002
Kim Schlagel
Garfield County Building and Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Clark Subdivision Preliminary Plan Percolation Tests
Dear Kim:
Gamba & Associates, Inc. has performed preliminary percolation testing in the vicinity of
the proposed building envelopes for the Clark Subdivision. The testing conformed to the
Garfield County Regulations applicable forr obtaining percolation rates. A single
percolation test was conducted for each proposed building location and yielded the
following results:
Lot 2 = 20 minutes/inch
Lot 3 = 6 minutes/inch
Lot 4 = 40 minutes/inch
All three of the percolation rates are within the specified limits and indicate Individual
Sewage Disposal Systems (ISDS) for residential construction will be adequate for the
site. These tests are only used as an indication of the percolation rate within the area of
the proposed building locations. Site specific testing will have to be performed at the time
of building permit application and prior to an ISDS design for each residence.
If you have any questions, please call.
Sincerely,
Gamba & Associates, Inc.
Nathan Bell P. .
cc: Robert Noone, Dean Moffatt
G:\98749-01\Perc Test report.doc
Clark Subdivision Percolation Testing
May 1, 2002
Page 1 of 1
Apr 30 02 09:24p Salson Pump Co, Inc. 9747-9448 p.l
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• •
BASALT WATER CONSERVANCY DISTRICT
WAFER ALLOTMENT CONI RACT NO. 376
Pursuant to C.R.S. 1973, 37-45-131
John and Susanne Clark (hereinafter "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et
for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by
the District. By execution of this Contract, Applicant agrees to the following terms and conditions
and those certain terms and conditions set forth in the attached Order, which is fully incorporated
as a part of this Contract:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second
from the District's direct flow rights and 0.1 acre feet per year of storage or other augmentation water
owned or controlled by the District. Applicant shall restrict actual diversions and use under this
Contract to these amounts.
?. SOURCE OF ALLOTTED WA I'hR: Water rights allotted pursuant to this Contract
shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's
Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter
acquired by the District, including the District's contractual right to receive storage water from Ruedi
Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water
right or Decree of the District from which the Applicant's allotted rights shall be obtained. The
Applicant's use of any of the District's water rights shall be subject to any and all terms and
conditions imposed by the Water Court on the use of the District's said rights. Exchange or
augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs
or other works and facilities available to the District shall be delivered to the Applicant at the outlet
works of said storage facility and release of water at such outlet works shall constitute full
performance ofthe District's delivery obligation. Delivery of water from the District's storage rights
in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United
States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases
from other facilities available to the District shall be subject to the contracts, laws, rules, and
regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the
right to store water and to make exchange releases from structures that may be built or controlled
by the District in the future, so long as the water service to the Applicant pursuant to this agreement
is not impaired by said action.
3. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted
pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under
the District's direct flow water rights and/or by use of augmentation or exchange water owned or
controlled by the District. Applicant will use the water allotted by the District within or through
facilities or upon lands owned, operated, or served by Applicant, which lands are described as 52
1,VCD,Clao,Allo, act .176
1
• •
acres located in Section 13, Township 7 South, Range 88 West, 6th P.M.; provided that the location
and purpose of Applicant's use of said water shall be legally recognized and permitted by the appli-
cable governmental authority having jurisdiction over the property served. Applicant's contemplated
usage for the water allotted hereunder is for the following use or uses:
X Domestic/Municipal _ Industrial Commercial Agricultural
Other
It is acknowledged that the subject Contract is for water service to lands located in Area B
of the District, and that such lands may not be susceptible to service.solely by the District's water
rights allotted hereunder, or the District's said water rights may not satisfy Applicant's needs and
purposes. To the extent that service cannot be achieved by use of the District's allotted water rights,
or in the event said service is inadequate, Applicant may utilize such other water rights, by way of
supplementing the District's water rights, or otherwise, as is necessary to assure water service
sufficiently reliable for Applicant's intended purpose or purposes.
All lands, facilities and areas served by water rights allotted hereunder shall be situated
within the boundaries of the District.
Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end
of each water year, shall revert to the water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in
priority at the original point of diversion of the District's applicable water right and neither the
District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or
alternate points of diversion. The District shall request the Colorado State Engineer to estimate any
conveyance losses between the original point and any alternate point and such estimate shall be
deducted from this amount in each case. The District, or anyone using the District's decrees, may
call on any additional sources of supply that may be available at an alternate point of diversion, but
not at the original point of diversion, only as against water rights which are junior to the date of
application for the alternate point of diversion.
Within two years of the date of this Contract, Applicant shall institute legal proceedings for
the approval of an augmentation plan and/or any change to an alternate point of diversion of the
District's water rights to allow the Applicant to utilize the water allotted hereunder, and the Applicant
shall give the District written notice of such proceedings. The District shall have the right to approve
the Applicant's application for change of water right, and/or augmentation plan or other water supply
plan involving the District's rights, and the Applicant shall provide the District copies of such
application and of all pleadings and other papers filed with the Water Court in the adjudication
thereof.
The District reserves the exclusive right to review and approve any conditions which may
be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder.
t '.p.oacq...thc B WC MCI arklArlo. Contract 376
• •
Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with
the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights. Applicant shall be solely responsible for providing the
structures, works and facilities, if any, necessary to utilize the District's water rights allotted
hereunder for Applicant's beneficial use.
4. PAYMENT: Applicant shall pay annually for the water service described herein at
a price to be fixed annually by the Board of Directors of the District for such service. Payment of
the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the
District that the payment is due. Said notice will advise the Applicant, among other things, of the
water delivery year to which the payment shall apply and the price which is applicable to that year.
If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may
set from time to time) will be assessed and final written notice of the delinquent account and late fee
assessment will be sent by the District to the Applicant at Applicant's address set forth below. If
payment is not made within thirty (30) days after said final written notice, the District may, at its
option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which
event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the
District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract
is valid and in force, Applicant will budget and appropriate from such sources of revenues as may
be legally available to the Applicant the funds necessary to make the annual payments in advance
of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any
person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in
service due to the failure of Applicant to maintain the payments herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially
used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit
of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said
Applicant without the prior written approval of the Board of Directors of the District.
Upon the sale of the real property to which this Contract pertains, Applicant has a duty to
make the buyer aware of this Contract and the need to assign the Contract to the buyer. However,
prior written approval of the Board of Directors of the District is required before the assignment is
effective. Payment of an assignment fee in an amount determined by the Board shall be required as
a prerequisite to approval of the assignment.
Jnc,LSIAM1c COM.CI 376
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In the event the water right allotted hereunder is to be used for the benefit of land which is
now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the
Applicant may assign the Applicant's rights hereunder only to a homeowners association, water
district, water and sanitation district or other special district properly organized and existing under
and by virtue of the laws of the State of Colorado and then only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the AppIicant's obligations under this Contract. In no event
shall the owner of a portion, but less than all, of the Applicant's property to be served under this
Contract have any rights hereunder, except as such rights may exist through a homeowners
association or special district as above provided.
Any assignment of the Applicant's rights under this Contract shall be subject to and must
comply with such requirements as the District has adopted or may hereafter adopt regarding
assignment of Contract rights and the assumption of Contract obligations by assignees and
successors, provided that such requirements shall uniformly apply to all allottees receiving District
service. The restrictions on assignment as herein contained shall not preclude the District from
holding the Applicant, or any successor to the Applicant, responsible for the performance of all or
any part of the Applicant's covenants and agreements herein contained.
7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water
Service Plan as adopted by the District and amended from time to time; provided that such Water
Service Plan shall apply uniformly throughout the District among water users receiving the same
service from the District. Applicant shall also be bound by all applicable law, including, for
example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regu-
lations of the Board of Directors of the District, the plumbing advisory, water conservation, and
staged curtailment regulations, if any, applicable within the County in which the water allotted
hereunder is to be used, together with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set forth
in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special services
requested by the Applicant and provided by the District or by reason of the delivery or use of water
by the Applicant for more than one of the classes of service which are defined in the Rules and
Regulations of the Board of Directors of said District. Said agreement may contain, but not be
limited to, provision for water delivery at times or by means not provided within the terms of
standard allotment contracts of the District and additional annual monetary consideration for exten-
c!.�.�.do.�u nn. ❑WCD. .Allot co„vut 176
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sion of District services and for additional administration, operation and maintenance costs, or for
other costs to the District which may arise through services made available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and approve
or disapprove any proposed change in use of the water right allotted hereunder. Any use other than
that set forth herein or any lease or sale of the water or water rights allotted hereunder without the
prior written approval of the District shall be deemed to be a material breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject
to that certain Resolution passed by the Board of Directors of the District on September 25, 1979,
and all amendments thereto, as the same exists upon the date of this application and allotment
Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. •Applicant
shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of
Engineers to complete any Section 404 compliance that may be required as a result of the
construction of any facilities necessary to use contract water.
14. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
15. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must
provide to District a copy of Applicant's valid well permit before the District is obligated to deliver
any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained
from the Colorado Division of Water Resources. Applicant must comply with the well -spacing
requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said
statutory well -spacing criteria shall be an express condition of the extension of service hereunder,
and the District shall in no way be liable for an Applicant's failure to comply.
16. MEASURING DEVICE OR MEI ER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately measure at all
times all water diverted pursuant to the terms of Applicant's water right and the terms of this
Contract. Applicant agrees to provide accurate readings from such device or meter to District upon
District's request. Applicant acknowledges that failure to comply with this paragraph could result
in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water
Resources. By signing this Contract, Applicant hereby specifically allows District, through its
61w61.1..S, n< 6WCDC13*l 661 cow,,,,, 176
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authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes
of determining Applicant's actual use of water.
17. CONTRACT TERMINATION:
A. Termination by District:
1. The District may terminate this Contract for any violation or breach
of the terms of this Contract by Applicant.
2. The District may terminate this Contract if, in its discretion, any
judicial or administrative proceedings initiated by Applicant threaten the District's
authority to contract for delivery or use of the District's water rights, or threaten the
District's permits, water rights, or other interests of the District.
B. Termination by Applicant:
1. Applicant may terminate this Contract in its entirety for any reason
by notifying the District in writing of the termination on or before April 1.
Notice by said date will prevent the Applicant's liability for the next annual
contract charge.
18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County
Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant.
Applicant's Address:
John and Susanne Clark
3523 County Road 103
Carbondale, CO 81623
STATE OF- COLORADO
) ss.
C.\1rr.tloc1LSIAhc 6lVCD1Cla.k\Allel Contract 376
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Susanne Clark
•
COUNTY 06
Subscribed and sworn to before me this (9`1 t h ay of
John and Susanne Clark.
91VCD3CIa(t3Allol Con(n.i 376
•
WITNESS my hand and official seal.
My commission expires:ut.th, .a)5,/
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V"1
,-.)CC) j
, 2000, by