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HomeMy WebLinkAbout2.01 Supplemental Submittal MaterialsJuly 7, 1994 67010 la cieg,040. Glenwood Independent Bank To Whom it May Concern, By order and for the account of our cu t Peter and Linda Christeleit whose add s omer' Glenwood Spgs . Co 81602 address �s P.O. Box 681 , we hereby establish in f Garfield County this Irrevocable standby letter a«or of e er 34031 for an amount up to but not of credit No. ' Nineteen thousand dollarse:ceeding the sum of effective immediat el and no/100-7*******($19,000,00)**** at closing on the y and exPiring at the offices of our bank bank business day of July 7, 1995. Funds under this credit are available bv your draft(s) at sj y..` drawn on us mentioning thereon this L tter No. 34031. Each such draft will be payable upoe n daof.Credit Partial drawings are permitted, but not to exceed the cumul will Liv dollar amount on the face of this document W dir promptly honor such draft(s) and pay funds acco d� e ections given to this bank by a county offl. r znp �o Steven Va`derho Vice President P.O.Box 490• 1620 Grand Avenue Glenwood Springs, CO 81602 • 303-945-7477 • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL August 5, 1992 Tim Beck, P.E. High Country Engineering, Inc. 923 Cooper Avenue Glenwood Springs, CO 81601 RE: Christeleit Subdivision Dear Tim: After reviewing your letter of August 3, 1992, requesting partial release of the security held by the County for the Christeleit Subdivision with Don DeFord, we cannot release the money requested. The County will release partial amounts for improvements completed, not for improvements partially completed. In other words, when all of the road has been completed, the County will release the $4500.00 of the security for the entire road. The same holds true for the electric and telephone, when those improvements are completed. If you have any questions, feel free to call or write to this office. Sincerely, Mark L. Bean, Director Regulatory Offices and Personnel M LB/sa 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 August 3, 1992 Mr. Mark Bean Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Christeleit Subdivision HCE Job No. 90057.001 Dear Mark: !AUG 051992 =' GAFFIELD c O ii T y Peter Christeleit recently requested that we come to the site and observe the aggregate placement to date. Our measurements indicate that 80% of the large aggregate has been placed. Therefore, Peter is requesting 60% of the monies, for the road, held in accordance with our letter of May 14, 1992. This total would be $2,700, I believe. This statement of partial completion shall in no way relieve any other party from meeting requirements imposed by contract or other means, including commonly accepted industry practices. If you have any questions or need additional information, please call. Sincerely, HIGH COUNTRY ENGINEERING, INC. Tim thy P. Beck, P.E. Pri cipal Engineer TPB:rjm 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555 NEC URDED,I,;,V,°4 ." CLuCK .M. JUL 18 1991 FEC 0 l4.:(.�' 00 1I`�7:R ") AL JcF. CiUITY CL= K STATE OF COLORADO ) )ss County of Garfield ) 600K 808 FAcE862 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 15th day of July A.D. 19 91 , there were present: Arnold L. Mackley Elmer (Bucket') Arbaney Marian I. Smith Don DeFord Mildred Alsdorf Chuck Deschenes when the following proceedings, among to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator others were had and done, RESOLUTION NO. 91-061 A RESOLUTION CONCERNED WITH THE RESCISSION OF RESOLUTION 81-175. WHEREAS, in 1981 the Board of County Commissioners approved a resolution which discouraged further subdivision in the Spring Valley area; and WHEREAS, the Board expressed concern about the physical condition of Red Canyon Road and the lack of resources available to the County to upgrade the roadway and provide an adequate level of maintenance; and WHEREAS, the Board approved Resolution 81-175 which advised any persons interested in the subdivision of lands in the Spring Valley area that they had made the determination that the division of land in the area will create undue burdens on the physical and financial resources of the County and was therefore premature; and WHEREAS, in April 1991, the Garfield County Regulatory Offices received a preliminary plan application from Peter and Linda Christeleit for the Christeleit Subdivision located off C.R. 119; and WHEREAS, the Garfield County Planning Commission reviewed the Christeleit Subdivision Preliminary Plan and forwarded a recommendation of approval to the Board of County Commissioners. Included in their recommendation of approval was a request to the Board to rescind Resolution 81-175; and WHEREAS, on June 3, 1991, the Board of County Commission rs reviewed the Christeleit Subdivision Preliminary Plan and gran ed approval of said plan subject to conditions; and WHEREAS, the Board determined that Red Canyon Road i adequately maintained, of sufficient design and suitably upgraded to accommodate additional traffic generated by the Christeleit Subdivision; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Board formally rescinds the restrictions imposed by Resolution 81-175. Cle k of the Board COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Arnold L. Mackley Elmer (Buckey) Arbaney Marian I. Smith STATE OF COLORADO County of Garfield )ss , Aye , Aye , Aye 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 041374 - F DIV. 5 CNTY. 2 3 WD 3 8 DES. BASIN MD Lot: A Block: PETER & LINDA CHRISTELEIT P 0 BOX 681 GLENWOOS SPGS, CO 81602 (303) 984-2265 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: CHRISTELEIT APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 NW 1/4 Section Twp 6 S , Range 8 8 W 30 6th P.M. DISTANCES FROM SECTION LINES 4 8 5 0Ft. from South Section Line 3400Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated only when a water allotment contract between the Christeleit Subdivision Homeowner's Association and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 4000 square feet of home lawn and garden, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be known as Christeleit Subdivision, Well # 1, Parcel A. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed .62 acre-feet (202,058 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit. W----(71.."/ Qj/NJ[[)!C coPy Ag OVED: Receipt No. 0339255,Engineer (Acting) 0--AJUN 3 199 BY JU199 DATE ISSUED EXPIRATION DATE �� ""3 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 426 WELL PERMIT NUMBER 041375 _ DIV. 5 CNTY 2 3 WD 3 8 DES. BASIN MD Lot: B Block: PETER & LINDA CHRISTELEIT P 0 BOX 681 GLENWOOS SPGS, CO 81602 (303) 984-2265 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: CHRISTELEIT APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 NW 1/4 Section 3 0 Twp 6 S , Range 88 W 6thp.M. DISTANCES FROM SECTION LINES 4300 Ft. from South Section Line 3100 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDfIIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated only when a water allotment contract between the Christeleit Subdivision Homeowner's Association and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 4000 square feet of home lawn and garden, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be known as the Christeleit Subdivision, Well #2, Parcel B. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed .62 acre-feet (202,058 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) This well was constructed under monitoring hole notice acknowledgement no. MH 18217 and must be located not more than 200 feet from the location specified on this permit. 62-9/3� A5ROVED: g/„e z OW'NER3 COPY 0339293BEngineer (Acting) By et j Receipt No. DATE ISSUED JUN 3 0 1994 EXPIRATION DATE U rg93 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 041376 DIV 5 CNTY. 2 3 WD 3 8 DES. BASIN MD Lot: D Block: Filing: Subdiv: CHRISTELEIT APPROVED WELL LOCATION COUNTY GARFIELD PETER & LINDA CHRISTELEIT P 0 BOX 681 GLENWOOS SPGS, CO 81602 (303) 984-2265 PERMIT TO CONSTRUCT A WELL SE 1/4 NW 1 /4 Section Twp 6 S , Range 88 W 30 6th P.M. DISTANCES FROM SECTION LINES 3600 Ft. from South Section Line 2900 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated only when a water allotment contract between the Christeleit Subdivision Homeowner's Association and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 4000 square feet of home lawn and garden, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be known as the Christeleit Subdivision, Well # 4, Parcel D. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed .62 acre-feet (202,058 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit�_�,✓" (;)\NNEFs COPY AgMOVED: State Engineer (Acting) Receipt No. 0339293D DATE ISSUED J UN_3 0 199? By EXPIRATION DATE JUN 3 O 1993 Form No. GWS25'. APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 041377 F DIV 5 CNTY. 2 3 WD 3 8 DES. BASIN MD Lot: E Block: PETER & LINDA CHRISTELEIT P 0 BOX 681 GLENWOOS SPGS, CO 81602 (303) 984-2265 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: CHRISTELEIT APPROVED WELL LOCATION COUNTY GARFIELD SE 1/4 NW 1/4 Section 30 Twp 6 S , Range 88 W 6thP.M. DISTANCES FROM SECTION LINES 3350 Ft. from South Section Line 3100 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated only when a water allotment contract between the Christeleit Subdivision Homeowner's Association and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 4000 square feet of home lawn and garden, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be known as the Christeleit Subdivision, Well # 5, Parcel E. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed .62 acre-feet (202,058 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit. < rs--1 6/L9, j✓ AMOVED: Receipt No. 7/L tiVl'NF:liS. copy State Engineer (Acting) JUN 3 0 1992 DATE ISSUED 0339293E CSC.-LAi By EXPIRATION DATE JUN 3 01993 Form No. GWS-2S''� APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 041378 V- _ DIV. 5 23 CNTY WD 38 DES. BASIN MD Lot: C Block: Filing: Subdiv: CHRISTELEIT APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 NW 1/4 Section 3 0 Twp 6 S , Range 88 W 6thP.M. DISTANCES FROM SECTION LINES 4050Ft. from South Section Line PETER & LINDA CHRISTELEIT P 0 BOX 681 GLENWOOS SPGS, CO 81602 (303) 984-2265 PERMIT TO CONSTRUCT A WELL 3250 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated only when a water allotment contract between the Christeleit Subdivision Homeowner's Association and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 4000 sqaure feet of home lawn and garden, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be known as the Christeleit Subdivision, Well # 3, Parcel C. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed .62 acre-feet (202,058 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit./WA.,— AMOVED: 'C4/ilf.G' State Engineer (Acting) 1� 0 1(�(�� Receipt No. 0339293C DATE ISSUED JUN IJJ Epi COPY By EXPIRATION DATE JUN 3 01993 ROY ROMER Governor • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866-3589 June 9, 1992 Mr. Andrew McGregor, Planner Garfield County Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Christeleit Subdivision, Final Plat NW1/4 Sec. 30, T6S, R88W, 6TH PM W. Division 5, W. District 38 Dear Mr. McGregor: `HAROLD (HAL) D. SIMPSON Acting State Engineer %UM 1 5 1992 We have reviewed the above referenced proposal to subdivide a 50.18 acre parcel into 5 single family dwelling lots. No information was given on proposed water requirements, however the May 7, 1992 letter form Resource Engineering Inc., indicates that each lot may have up to 6,000 square feet of irrigated lawns or garden and water up to 5 horses. The proposed water supply is to be from individual on lot wells to be augmented by the Basalt Water Conservancy District. You have submitted a copy of a order granting application for Allotment Contract to Christeleit Subdivision Homeowner's Association. Resource Engineering's letter indicates that this property is located in the "A" area and the District can fully replace stream depletions. The Basalt contract provides for a direct flow right of 0.2 CFS or 89.76 gallons per minute and 3.7 acre feet per year of storage water. This office may be able to issue permits for wells operating under such a replacement contract. Limitations on well use will reflect the use mix being proposed and the amount of replacement water available. There are provisions in the contract with the District that prospective lot purchasers should be aware of. Particularly that part of item 1 which states, "The applicant shall provide to the District proof that it is a homeowner's association incorporated as a non-profit corporation under the laws of the State of Colorado or such other entity as is acceptable to the District which shall be responsible for the on going payment of charges due under the approved Contract following subdivision of the property described in the application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado.", should be included in covenants or plat notes. We have no objection to the proposal and recommend approval contingent upon the applicant obtaining a permit for each lot prior to sale and providing to the County a copy of the documents creating the homeowners association required in the Basalt contract. Mr. Andrew McGregor, June 9, 1992 Page 2 If you have any questions in this matter, please contact John Schurer of this office. Purushottam Dass, P.E. Supervising Water Resource Engineer PD/JS/christe cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Bruce DeBrine A • ROBERT F. CHAFFIN ATTORNEY AT LAW May 15, 1992 HAND DELIVERED Garfield County Regulatory Offices and Personnel Att: Andrew C. McGregor, Planner 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Andrew: 811 COLORADO AVENUE P. O. BOX 698 GLENWOOD SPRINGS, COLORADO 81601 PHONE 1303) 945-5474 C6 61• 1 Am 47 Enclosed are the revised documents for the Christeleit Subdivision as follows: Subdivision Improvements Agreement: 1. Revised language in the last paragraph of 1. 2. Change of amount in paragraph 2. 3. Change of language in the first 2 lines of paragraph 3. 4. New paragraph 6 Consent to Vacate Final Plat which changes the number of each following paragraph. Articles of Incorporation: 1. The typographical error in Article 3A has been changed. Declaration of Protective Covenants: 1. Revised language in paragraph 2.4 (both paragraphs). Consent to Vacation of Final Plat: 1. This is a new documents. I believe this completes the changes on these documents as we discussed this morning. Very truly yours, Robert F. Chaffin RFC/tmc enc. cc: Don Deford, County Attorney • ROBERT F. CHAFFIN ATTORNEY AT LAW May 18, 1992 l `Lr. MAY 1 8 1992 GARFIELD COUNTY Garfield County Regulatory Offices and Personnel Att: Andrew C. McGregor, Planner 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Andrew: 811 COLORADO AVENUE P. O. BOX 898 GLENWOOD SPRINGS, COLORADO 81601 PHONE (303) 945-5474 Enclosed are copies of Peter and Linda Christeleit's Well Permit Application Forms for Christeleit Subdivision along with the handwritten receipt from Dwight Whitehead of the Division of Water Resources. Very truly yours, Robert F. Chaffin RFC/tmc enc. • • SUBDIVISION IMPROVEMENTS AGREEMENT rk THIS AGREEMENT, made and entered into this /6 day of _ __, 1992, by and between Peter J. Christeleit and Linda L. Chri%steleit (hereinafter referred to as "Christeleit"), and the Board of County Commissioners of Garfield County, Colorado, (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Christeleits are the owners of certain real property located in Garfield County, Colorado, more particularly described on the final plat for Christeleit Subdivision which is filed on even date herewith and on Exhibit "A" attached hereto and incorporated herein by this reference, which real property is now known as Christeleit Subdivision (hereinafter referred to as the "Agreement") with the County; and WHEREAS, as a condition of approval of the final plat for the Subdivision, the Christeleits wish to enter into this Subdivision Improvements Agreement (hereinafter referred to as the "Agreement") with the County; and WHEREAS, the County has required and the Christeleits have agreed to provide security or collateral sufficient in the judgment of the County to make reasonable provision for the completion of certain public improvements as set forth on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Christeleits have agreed to execute and deliver a letter of credit to the County, running in favor of the County, to secure and guarantee their performance for all phases of public improvements to be installed pursuant to this Agreement and have agreed to certain restrictions regarding the issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth hereinafter; NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Christeleits Performance. On or before October 1, 1992, the Christeleits agree to construct and install, or cause to be constructed and installed, at their sole expense, those public improvements set forth on Exhibit "B". The Christeleits agree that all public improvements are to be completed as identified on Exhibit "B" and shall be constructed in compliance with the following: a) A11 final plat documents submitted prior to or at the time of the final plat approval. -1- • b) All laws of the United States, State of Colorado and its various agencies, affected special districts, and/or municipalities providing utility services and the resolutions and regulations of Garfield County, Colorado. c) Such other designs, drawings, maps, specifications, sketches and other matter submitted to and approved by any of the above stated governmental entities which shall be certified by a professional engineer registered to practice in the State of Colorado. The County agrees that if improvements are installed in accordance with this Agreement, final plat documents and the requirements of the preliminary plan and further that if all of the other requirements of this Agreement and preliminary plan are met, then the Christeleits shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including, but not limited to, Resolution 91-055 adopted by the County on June 17, 1991. 2. Cost of Improvements. I- is understood for purposes of this Agreement that the cost of all of said public improvements shall be $13,520.00, which is based upon the engineering cost estimates set forth on Exhibit "B" for the Subdivision, which amount the County finds reasonable and hereby approves and accepts. The Christeleits shall provide, on request of the County, written confirmation of such estimates by Christeleits engineering consultants. 3. Security for Improvements. On or before the recording of the final plat for the Christeleit Subdivision, the Christeleits shall deliver a letter of credit to the County issued by a State or National Banking Institution licensed to do business in the State of Colorado, and a form acceptable to the County, which acceptance shall not be unreasonably withheld. The amount of said letter of credit shall be equal to the sum designated on Exhibit "B" for all construction costs associated with the public improvements of the Subdivision. In the event the Christeleits fail to deliver said letter of credit to the County in the sum specified, for the necessary public improvements for the Subdivision, by the date specified above, then the plat of the Subdivision may be vacated by the County, and in such event all approvals of the Subdivision by the County shall be deemed to have been withdrawn and rendered null and void by such vacation and all parties shall be released from any further obligation here and under. Contemporaneously with the execution of this Agreement, the Christeleits have delivered their written consent to said vacation of the final plat as specified above in the event acceptable letters of credit are not delivered within the time specified and for the amount specified, and this consent is binding upon their successors and assignees. -2- • • Upon the execution and recording of the final plat for the Subdivision the Christeleits may convey title to the lots in the Subdivision, however, the County shall not be required to issue building permits for any buildings to be constructed within the Subdivision until such time as all improvements for the Subdivision have been accepted by the County, which acceptance shall not be unreasonably withheld, provided that in the event weather or other factors, beyond the reasonable control of the Christeleits, delay construction of improvements, such delays shall not prevent the issuance of building permits so long as the letter of credit remain in full force and effect. Upon receipt from the Christeleits of their professional engineer's certification that the public improvements set forth on Exhibit "B" for the Subdivision have been completed and paid for and the County has accepted said improvements, the County shall return to the Christeleits the letter of credit securing the public improvements, as specified on Exhibit "B", and marked "satisfied in full" and shall acknowledge that all such improvements have been completed in a satisfactory manner and shall otherwise release the aforesaid letter of credit for the improvements, and a recordable form if requested by the Christeleits. The County may, at its option, permit the Christeleits to substitute other collateral acceptable to the County for the collateral originally given by the Christeleits, to secure the completion of the improvements as hereinabove provided. 4. Notice of Deficiencies. If the County determines that the improvements are not constructed in compliance with the specifications therefore, it shall furnish a written list of specific deficiencies to Christeleits. If the deficiencies have not been corrected, or if satisfactory arrangements have not been made to correct such deficiencies, within 30 days after the list is furnished to the Christeleits, the County may draw on such delivered letter of credit for such funds as may be necessary to complete the construction of the required improvements in accordance with such specifications. 5. Enforcement. In addition to any rights which may be provided by Colorado Statute, it is mutually agreed that the County or any purchaser of a lot or unit within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot or unit contrary to the provisions of this Agreement, or as set forth on the plat of the Subdivision, or in any separate recorded instrument. Any such action shall be commenced prior to the issuance of a building permit by the County for such lot or unit; and in the event no such action is so commenced, then the County and any purchaser shall be deemed to have waived their rights and authority herein provided. -3- • • 6. Consent to Vacate Final Plat. In the event the Christeleits fail to comply with the terms of this Agreement, the County shall have the ability to vacate the plat as it pertains to undeveloped lots only. Any existing developed lots, or lots which subdivision improvements have been properly constructed, shall not be vacated and the plat as to those lots shall remain valid. Christeleits shall provide a survey and complete legal description with a map showing the location of any portion of the plat so vacated. 6. Approval of Plat. The County agrees to approval of the plat subject to the terms and conditions of this Agreement. 7. Amendment. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 8. Binding Effect. This Agreement shall be a covenant running with the title to each lot or unit within the Subdivision and the rights and obligations as contained as contained herein shall be binding upon and inure to the benefit of Christeleits, their heirs, successors and assigns. Done this /3 t da y of % /9"1/ , 1992. ATTEST: CLE R AND RECORDER K AND RECORDER OF GARFIELD COUNTY, COLORADO, EX OFFICIO CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO CHAIRMAN -4- L. CHRISTELEIT • • EXHIBIT A PROPERTY DESCRIPTION A PARCEL OF LAND BEING THAT PORTION OF LOT 8 OF SECTION 19 AND IN LOTS 4, 5, 6 AND 10 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF COUNTY ROAD NO. 119, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 30, AN IRON POST IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N OODEG.48'27" W ALONG THE WESTERLY LINE OF SAID SECTION 19, 37.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 119; THENCE S 85DEG.56'44" E ALONG SAID RIGHT- OF-WAY 403.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 63DEG.04'26" E 532.20 FEET; THENCE CONTINUING ALONG SAID RIGHT- OF-WAY S 57DEG.11'50" E 35.84 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 55DEG.07'08" E 272.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY S OODEG.00'00" W 1669.02 FEET; THENCE N 89DEG.38'30" W 1094.29 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 30 (WHENCE THE EAST QUARTER CORNER OF SECTION 25 BEARS S 01DEG.28'54" E 2103.28 FEET); THENCE N 01DEG.28'54" W ALONG SAID WESTERLY LINE 551.78 FEET TO THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE CONTINUING ALONG SAID WESTERLY LINE N OODEG.48'58" W 1517.91 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 50.179 ACRES, MORE OR LESS; May 14, 1992 Andrew McGregor Garfield County Planning 109 8th Street, Third Floor Glenwood Springs, CO 81601 RE: Christeleit Subdivision HCE Job No. 90057.001 Dear Andrew: Ii&M 51992\ BASFESLD COUNTY The construction remaining to be performed on the Christeleit Subdivision and its estimated cost is as follows: 1. Electric - $6,000. 2. Phone - $3,000. 3. Grading, 6" pit run, and 4" Class 6 topping for road to tee turnaround - $4,500. This statement of probable construction cost was prepared for estimating purposes only, but was based upon costs obtained from contractors. High Country Engineering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. If you have any questions, please call. Sincerely, HIGH COUNTRY ENGINERING, INC. Tim thy P. Beck, P.E. Pri cipal Engineer TPBirjm 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 ARTICLES OF INCORPORATION OF CHRISTELEIT SUBDIVISION HOMEOWNERS' ASSOCIATION In compliance with the requirements of the Colorado Non -Profit Corporation Act, C.R.S., Article 7-20-101, et seq., the undersigned, Peter J. Christeleit of 4954 214 Road, New Castle, Colorado 81647, of full age acting as Incorporator, this day proposes to form a corporation not for profit and does hereby certify: ARTICLE I NAME The name of the corporation is Christeleit Subdivision Homeowners' Association, hereinafter called the "Association". ARTICLE II REGISTERED OFFICE AND AGENT The registered office of the Association shall be 4954 214 Road, New Castle, Colorado 81647, and the registered agent of the Association, whose address is identical to that of the Association, shall be Peter J. Christeleit. ARTICLE III PURPOSES OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for road maintenance, water service, preservation and architectural control of the lots of the property known as the Christeleit Subdivision as set forth in the plat to be recorded with the Clerk and Recorder of Garfield County, Colorado, and to promote the health, safety and welfare of the residences within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association and for this purpose to: (A) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in that certain Declaration of Protective Covenants for Christeleit Subdivision, hereinafter called the "Declaration", applicable to the property and to be recorded in the office of the Clerk and Recorder of Garfield County, -1- Colorado, and as such Declaration may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (B) Fix, levy, collect and enforce payment by any lawful means, all charges for assessments pursuant to the terms of the Declaration; (C) Pay all expenses in connection therewith and all and other expenses incident to the conduct of the of the Association, including all licenses, governmental charges levied or imposed of the Association; office business taxes or against the property (D) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (E) Borrow money, and with the assent of the votes of the members, mortgage, in trust, or hypothecate any or all of property as security for money borrowed of two-thirds (2/3) pledge, its real or debts rant a deed or personal incurred; (F) Participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property, provided that any such merger, consolidation or annexation shall have the assent; of two-thirds (2/3) of the votes of the members; (G) Have privileges Non -Profit may now or and to exercise any and all powers, rights which a corporation organized under Corporation Law of the State of Colorado by hereafter have or exercise. ARTICLE IV MEMBERSHIP and the law Every person or entity who is a record owner of a fee or undivided fee interest in any lot or portion thereof which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated frorn ownership of any lot or portion thereof which is subject to assessments by the Association. The owner or owners of a lot which is subject to assessment by the Association shall be entitled to one vote for each lot owned which is subject to -2- • • assessment by the Association. When more than one person holds an interest in any lot or portion thereof which is subject to assessment by the Association, all such persons shall be members. The vote for such lot or portion thereof which is subject to assessment by the Association shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot which is subject to assessment by the Association. ARTICLE V BOARD OF DIRECTORS The affairs of the Association shall be managed by an initial Board of two (2) Directors. The number of Directors may be changed by amendment of the By -Laws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: Peter J. Christeleit 4954 214 Road New Castle, Colorado 81647 Linda J. Christeleit 4954 214 Road New Castle, Colorado 81647 ARTICLE VI DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the votes of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets will be granted, conveyed, and assigned to any non-profit corporation, association, trust or other ,organization to be devoted to such similar purposes. All of the dissolution process shall be in accordance with the provisions of the Colorado Non -Profit Corporation Act. ARTICLE VII DURATIONN The corporation shall exist perpetually. ARTICLE VIII AMENDMENTS Amendment to these Articles shall require the assent of two-thirds (2/3) affirmative votes of the members. -3- • • IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Colorado, I the undersigned, constituting the incorporator of this Association, have executed these Articles of Incorporation this day of , 1992. Peter J. Christeleit STATE OF COLORADO } } ss. COUNTY OF GARFIELD } Subscribed and sworn to before me this day of , 1992, by Peter J. Christeleit. Witness my hand and official seal. My commission expires: Notary Public -4- • • DECLARATION OF PROTECTIVE COVENANTS FOR CHRISTELEIT SUBDIVISION WHEREAS, PETER J. CHRISTELEIT and LINDA L. CHRISTELEIT (Declarants) are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by this reference, which property is situated in the Spring Valley area, Garfield County, State of Colorado, described as the Christeleit Subdivision, as the same appears on the Final Plat filed for record on , 1992, in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, Declarants, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the Subdivision do hereby make, establish, publish, declare and impose the following restrictive and protective covenants, conditions,uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in force. 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: 1.1 Subdivision shall mean Christeleit Subdivision. 1.2 HOA shall mean Christeleit Subdivision Homeowners' Association. 1.3 ACC shall mean the Architectural Control Committee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel of land in the Subdivision. 1.5 Single Family Dwelling shall mean a residential dwelling unit designed for occupancy by one family. 1.6 Owner shall mean the record owner of a lot or unit in the subdivision whether one or more persons or entities but excluding those having such interest merely as security for the performance of an obligation. 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowners' Association. Any and all owners of lots in the Subdivision upon accepting a deed for that property agree to -1- • • and shall be a member of, and be subject to, the obligations and duly enacted bylaws and rules of the Christeleit Homeowners' Association. Voting in the Association shall be on the basis of one lot, one vote. The purposes for which this corporation shall be organized are as follows: A. To perform such architectural control, review and planning duties and to enforce protective covenants, limitations and restrictions governing the use and occupancy of lands, and the construction and alteration of structures and improvements upon the land. B. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use of all land and interest in land or property and property rights owned, managed, or held by the Association and members thereof. C. To charge and collect such fees as may be set by the Board of Directors for the use of facilities, properties owned or operated by the Association, and its cost, assessments, and fees will be made by the Association and payment of the same shall be mandatory by the property owners within the Subdivision. Such assessment shall become a lien on the property to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly signed by the President or Secretary of the Association. The Association shall have the right to recover its reasonable attorney's fees, Court costs and any other collection costs, in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. D. To operate, maintain, provide and enforce the services, duties and obligations as set forth in this Declaration of Protective Covenants for the Subdivision. 2.2 Individual Septic Systems. It will be the responsibility of the HOA to ensure proper maintenance of individual septic systems. The program shall include the annual inspection and pumping of a system as necessary. Any and all expenditure for pumping and maintenance of the septic system will be the sole responsibility of the owner. 2.3 Maintenance of Heather Lane. Road maintenance and repair of Heather Lane within the Subdivision and contiguous thereto, as well as snow removal, shall be the responsibility of the HOA in conjunction with the other owners of such access road. The payment of such upkeep shall be divided in a fair and equitable manner by the owners of lots served by Heather Lane both within and outside of the Subdivision. -2- • 2.4 Water Service. The HOA will be responsible for the Basalt Water Conservancy District Water Allotment Contract dated May 30, 1990, for the benefit of the Subdivision and land adjacent thereto owned by Declarants. The Declarants shall transfer and assign their interest in and to said Basalt Water Conservancy District Water Allotment Contract and any well permits for land in the Subdivision owned by Declarants prior to the recording of the Final Plat for the Subdivision. The HOA shall implement and provide for the use, maintenance and operation of the water wells including any replacement or substitute well or wells to be, located in the Subdivision for use on the lots in the Subdivision and the contiguous 39.511 acres more or less owned by Declarants with the cost thereof to be paid by the owner of each lot or parcel using said well or replacement well. The pumps and other improvements needed to operate each well shall be provided by and be the responsibility of the owner of each lot or parcel using said well. The HOA shall be responsible for any adjudication of said wells including any plan of augmentation thereof. 2.5 Water Storage Tank. No residence built on any lot in the Subdivision shall be occupied unless or until there is a 1500 gallon water tank constructed as an integral portion of the residence. 3.0 EASEMENTS AND RIGHTS-OF-WAY. 3.1 Easements and Rights -of -Way for roads, driveways, electricity,, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on the Final Plat for the Subdivision described above. No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. 3.2 Utility Lines. No new power lines, phone lines or television cable outside of the 60 foot access and utility easement shown on the Plat for the Subdivision shall be permitted on any lot unless said lines are buried underground and out of sight from the transformer pole to the structure, at the owner's expense. 3.3 Reservations of Easements. The Declarants hereby reserve unto themselves, their successors and assigns, perpetual easements for the drilling, construction, maintenance and operation of wells, waterlines, water storage tanks and pumping facilities for a domestic water system for the benefit of the lots in the Subdivision and for the contiguous 39.511 access more or less owned by the Declarants. The easements hereby reserved shall be located in the Easterly one half of each lot in the subdivision and shall not interfere with any existing residence or out building. The easements herein reserved shall be to the detriment of each respective lot upon which these easements exist. -3- • • 4.0 MAINTENANCE OF PROPERTY AND SIGNS. 4.1 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 the property. 4.2 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. 4.3 No trash, ashes or other refuse shall be thrown or dumped on any lot subject to these covenants. All trash and refuse must be removed from the lot and taken to a landfill or otherwise property disposed. Each owner shall provide suitable receptacles for temporary storage and collection of refuse and all such receptacles shall be screened from public view and protected from disturbance. Each lot, at all times, shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, commercial construction equipment, inoperable cars, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or road, except as is necessary during the period of construction. 4.4 No elevated tanks of any kind shall be erected, placed or permitted upon any lot. Any tank used in connection with any single family residence or other structure on any lot including tanks for storage of fuel or water, shall be buried. 4.5 The outside burning of trash, rubbish or other materials shall be absolutely prohibited. Standard and approved outdoor fireplaces shall be allowed for the preparation of foodstuffs and heating only. 4.6 No sign or advertising device of any kind shall be placed on any lot, except a sign showing the owner's name and/or address and except a sign indicating that a lot is for sale or a residence for rent. 4.7 The owner of each lot shall control noxious weeds on their lot in accordance with the Garfield County standards for weed control. All areas disturbed in the construction of any buildings or other improvements on any lot shall be reseeded. 5.0 USE OF LOTS. Each lot owner shall comply with the Garfield County Subdivision Regulations and the Garfield County Zoning Regulations. These aforementioned regulations shall govern the allowable use of the lot and designate any and all restrictions of the land. -4- • • 6.0 RES[JBDIVISION PROHIBITED. The resubdivision of a lot is prohibited; however, the combining of lots into one lot shall be allowed, provided that the number of dwelling units approved for the separate lots before the single lot was created, and if approved by Garfield County. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three members who shall be initially designated by the owner, for an initial term of ten (10) years. Thereafter the terms shall be for five (5) years each and the members of the ACC shall be appointed by the HOA, subject to the requirement that they are a member of the HOA. 7.2 ACC Authority. The ACC shall have the responsibility and authority to review, study, make recommendations and suggestions for changes to, and approve or reject proposed improvements within the area described in the plat map of the Subdivision, of which these restrictive and protective covenants are made a part. 7.3 Rules. The ACC shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern its proceedings. 7.4 Approval of Plans. No building, landscaping, parking or vehicular driveway, fence, wall or other improvement shall be constructed, erected, altered or added to, on any lot until building plans and site plans and specifications showing color, location, materials, landscaping, and such other information relating to such improvements as the ACC may reasonably require shall have been submitted to and approved by the ACC in writing. The owner shall not forward any notice of approval of such plans to a planning, zoning, or building department of Garfield County until such time as the ACC has completed its final review and approval of such plans. 7.5 Criteria. In approving such plans and specifications, the ACC shall consider: 7.5.1 The suitability of the improvements and materials which are to be constructed on the site considering the location; 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of the materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the viewplain of any adjacent or neighboring property; -5- • • 7.5.5 The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall subdivision drainage plan; and 7.5.7 The landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure to Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within thirty (30) days of submission and no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the related covenants shall be determined to be fully complied with. 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0 STRUCTURES IN THE SUBDIVISION. All structures in the Subdivision shall be designed to blend into and complement the natural surroundings. 8.1 No more than one (1) single family dwelling shall be erected upon any lot. A total of three (3) detached outbuildings used as a guest house or a non -dwelling garage, stable, barn, tool or storage shed or buildings necessary for the sheltering and keeping of animals are permitted if approved by the ACC. Before any guest house is constructed on any lot it must have received all approvals necessary under the Garfield County Zoning Regulations including any Special Use Permit as may be required. 8.2 Each single family dwelling built on any lot shall be "stick built" meaning that no modular houses or manufactured housing will be permitted on any lot. No used or previously erected or temporary house, structure, housetrailer, mobile home or non -permanent outbuilding shall ever be placed, erected or allowed to remain on any lot, except during the construction period of a single family residence, and no single family residence shall be occupied prior to its completion. 8.3 The minimum size of each single-family structure shall be not less than 1500 square feet of interior floor area, exclusive of open porches, garages, carports or patios. -6- • • 8.4 No structure shall be permitted on any lot which exceeds twenty-five (25) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. No radio, short wave or television antenna over five (5) feet above the highest roof line shall be permitted unless approved by the ACC. 8.5 A11 structures shall have exterior materials of either brick, stone, stucco, lumber, or a combination thereof. Exposed cinderblock and concrete block shall not be allowed unless approved by the ACC. Exposed concrete foundation walls should either be clad with a siding material or screened from public view with landscaping. Metal roofing is permitted provided it is of an earthtone or natural green color or approved by the ACC. 8.6 All construction and alteration work shall be prosecuted diligently and each building, structure or improvement which is commenced on any parcel shall be completed within eighteen (18) months from date of commencement of construction. 8.7 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 six (6) months, by the construction company constructing a structure on a lot. 8.8 Landscaping shall blend with natural vegetation. No living tree shall be removed or cut down without approval of the ACC. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and landscaped. 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed, providing they are approved by the ACC. All other fencing shall be open, wood post and wood rail, wood post and plain wire or steel post and barbed wire. Fences shall be constructed no higher than Forty -Two (42) inches high. 10.0 LAWN AND GARDENS: The maximum amount of irrigated lawn and garden shall be controlled by the HOA and shall be only that amount permitted to comply with the terms of the Basalt Water Conservancy District Water Allotment Contract, the well permit or permits for wells used as provided above, any water augmentation plan or any applicable laws or regulations pertaining to such water usage. 11.0 ANIMALS. 11.1 The grazing of livestock shall occur only in fenced pasture areas capable of supporting grazing. A maximum of four (4) large animals per lot shall be allowed, except on the lots not capable of supporting livestock. No goats or pigs shall be permitted to be kept on any lot. -7- • 1 11.2 Domestic animals must be kept within the boundary of the lot of the owner. Dogs shall not be allowed to run loose. The shall be fenced, chained or housed at all times when not accompanied by a human. 11.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all time. 12.0 EFFECT AND DURATION OF COVENANTS. These covenants run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2010, 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 then owners it is agreed to change said covenants in whole or in part. 13.0 ENFORCEMENT. 13.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of these covenants, Owner or his successors or assigns, or any owner of real property in the subdivision may, but without obligation to do so, enforce the provisions of the instrument by: 13.1.1 Entering upon the property where the violation or threatened violation exists and removing, remedying and abating the violation; such self-help shall be exercised after having given fifteen (15) days prior written notice to the owner or owners of the property upon which the violation exists and provided the owner shall have failed within such time to take such action as may be necessary to conform to the covenants; or 13.1.2 Instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenants and for damages. 13.1.3 In the event any party with any rights provided under the terms of these restrictive and protective covenants must bring legal action for the enforcement of such covenants, then the prevailing party in such action shall be entitled to the recover of reasonable attorney fees and costs of litigation, including reasonable costs of expert witness fees, if any. 14.0 AMENDMENT. A vote of two-thirds of the owners of the various lots in the Subdivision shall be necessary to amend these covenants until January 1, 2010. -8- • 15.0 SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. EXECUTED this STATE OF COLORADO } } COUNTY OF GARFIELD } day of , 1992. Peter J. Christeleit Linda L. Christeleit The foregoing was acknowledged before me this day of , 1992, by Peter J. Christeleit and Linda L. Christeleit. Witness my hand and official seal. My commission expires: Notary Public -9- • CONSENT TO VACATION OF FINAL PLAT The undersigned consents to the vacation of the Final Plat of the Christeleit Subdivision if the terms outlined in the Subdivision Agreement executed at the time of approval of the final plat are not reasonably satisfied. Dated this day of May, 1992. PETER J. CHRISTELEIT LINDA L. CHRISTELEIT PAY TO THE ORDEICOF PETER J. CHRISTELEIT LINDA L. CHRISTELEIT CHRISTELEIT SUBDIVISION 4954 — 214 RD. 984-2265 NEW CASTLE, CO 81647 4—df AAA,. A )/ 1519 101) 1:30 214183115i: 0 1 2009 6101 L056 7. !COOL 41,1X.Y.ANA •X 4 _ WR1.S.Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where (X) A PERMIT TO USE GROUND WATER applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address NAME Peter & Linda Christeleit STREET P • 0 • Box 681 CITY Glenwood Springs, CO (State) 303-984-2265 TELEPHONE NO 81602 (zip) (2) LOCATION OF PROPOSED WELL County Twp. Garfield NE '/a of the NW %, Section 6 S Rng, 88 W (N,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): 30 6th pm. 15 .62 Number of acres to be irrigated: Proposed total depth (feet): Aquifer ground water is to be obtained from: ur� Aljzvi rs �eleit Subdivision Owner's well designation Well #1 Parcel A GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X ) DOMESTIC (1) ( ) INDUSTRIAL (5) l 1 LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER 4, 000 sq. f i. 200 ft. Name Street City Colorado Licensed Driller Telephone No. (State) (Zip) Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + -- —}- — -}- — +- — 4- - + - -{- - -}- - 4- t - --- - 1 MILE, 5280 FEET ---. )1.1 + + + +. + .h +. + I I — �_ — NORTH SECTION LINE 1 • NORTH I _ — -}- — — 7 w _ — + ^ m 't" D 1 2 1 -+ O us I o 6-1 mm I + 4- - ± - •i- — 4- SOUTH SECTION LINE — -i- - I + + -I- -I-- -I- - 4 4- I 1 1 -I- -- -I-- — + — -I- — - f-- — -I-- — + — -1— The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. T (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 4•,850 ft from South sec. line (north or south) 3,400 ft from East sec. line Parcel (east or west) A BLOCK FILING rr SUBDIVISION Chri stel ei t Subdivision (7) TRACT ON WHICH WE_LL WILL BE LOCATED Owner: Christeleit No. of acres 10.001 . Will this be the only well on this tract? ye S WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1.000 gpm pumped continuously for one day produces 4.42 acre-feet. (8) PROPOSED CASING PROGRAM Plain Casing 6 in from 0 ft. to 8 0 ft 6 in from_ 80 ft to 200 ft. Perforated casing in from in. from ft to ft ft to ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s) Peter J.,& Linda L. Christeleit No. ofacres• 10.001 Legal description: NE4 of t11 NW4 , Sec 30, Twp 6S, Rng 88W, 6th PM (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. One single family dwelling, watering of non-commercial domestic stock, irrigation of 4,000 sq. ft. of home lawn & garden. Each parcel will have individual septic/leach field County approved. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Used for (purpose) Type or right N/A ,,'113) THE APPLI ° NT(S) ,ST ••1fi?(S) THA TUE T• B • •-NIS $r A URE OF ANTIS) Description of land on which used THE INFORMATION SET FORTH HEREON IS LEDGE. Use additional sheets of paper if more space is required. WRJ•5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (X ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: (X ► A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. (X)OTHERPPrmit existing—Monitor Observation Hole File WATER COURT CASE NO. No. MH18217 (1) APPLICANT - mailing address NAME Ppter Ar. T,i nda Christeleit STREET P.Q. Box 681 ctTYGlenwood Springs, CO 81602 (State) TELEPHONE NO 303-984-2265 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield NE ''/ of the NW Y. Section Twp. 6 S Rng. 88 W (N,S) IE.W) (3) WATER USE AND WELL DATA '30 6th P.M. Proposed maximum pumping rate (gpm) 25 Average annual amount of ground water 62 to be appropriated (acre-feet) Number of acres to be irrigated: 4,000 sq. ft. Proposed total depth (feet):See Log File No .MH182 Aquifer ground water is to be obtained from: See Log File No.MH18217 Christeleit 6ubdivisio Owner's well designation Well. #2 Parcel B GROUND WATER TO BE USED FOI : ( ) HOUSEHOLD USE ONLY • no irrigation (0) (X ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Virginia Drilling Co. Inc. Street 8871 Hastings Way City Westminster, CO (State) 80030 (Zip) Telephone No303-429-5697 Lic. No 426 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. / Basin Dist. 7 CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to, existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I D COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -t- - + - + - -a- - + - -}- - + - • 1 MILE, 5280 FEET --- I• + -I- +. + + + f + NORTH+ L I cn —I— 0 z NORTH SECT , mo -- 1 I ; I I — — —1--• — — — -4- — -m I � I (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 4300 ft. from South (north or South) 2900 ft from East sec. line Parcel (eas• or west) B BLOCK FILING ,v SUBDIVISION Christeleit Subdivision sec. line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Christeleit No. of acres 10.001 Will this be the only well on this tract? yes f _ SOUTH SECTIO - N LINE -I- + + -I- + 4 I I � The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. T (8) PROPOSED CASING PROGRAM Plain Casing See Log File No. MH18217 in from in from Perforated casing in from in from ft to ft ft to ft ft to ft ft to ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s)• Peter J. and Linda L. Christeleit No. of acres: 10.001 Legal description. NE± of the NW*. Sec 30. Twp 6s, Rng 88W, 6th PM (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. One Single Family dwelling, watering of non-commercial domestic stock, irrigation of 4,000 sq. ft. of home lawn & garden. Each parcel will have individual septic/leach field County approved. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N/A HE—AFPLN ANT(S) ST,T4') THAT THE INFORMATION SET FORTH HEREON IS TR E TWBES! ISjdide EDGE - OF • PJP. T(S) Use additional sheets of paper if more space is required. WRJ-S-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. • • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM (X )APERMITTOUSEGROUNDWATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: a ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ►OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME Peter & linda Christeleit STREET P . 0 . Box 681 CITY Glenwood Springs, CO 81602 (State) (Lip) 303-984-2265 TELEPHONE NO (2) LOCATION OF PROPOSED WELL County ,Garfield NE Y. of the NW Y. Section 30 Twp. 6 S Rng. 88 W 6th P.M. (N.S) (E.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water 62 to be appropriated (acre-feet) Number of acres to be irrigated: 4,000 sq . f t . Proposed total depth (feet): 200 f t . Aquifer ground water is to be obtained from: Alluvium Unri stelei t 6ubdivi Sion Owner's well designation Well #3 Parcel C GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) 1 ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Colorado Licensed Driller (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — -}- — — -i- — -4- — -4- — — 1 MILE, 5280 FEET �I NORTH SECTION LIN I I I 1 — —} - — — - -}-- - I -I- — I CTION LINE m -4 4 m r) .-.1 O z r_ z m 4 4 - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 4 300 ft. from South sec. line (north or south) 3250 ft. from East sec. line Parcel (a=f� or west) C BLOCK FILING u suBDIVISIONChristeleit Subdivision (7) TRACT ON WHICH WELL WILL BE. LOCATED Owner: Chri stel ei t No. of acres 10 . 001 Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing 6in from 0 ft to 80 ft 6 in from 80 ft to 200 ft Perforated casing in from in from ft. to ft ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 ,acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Peter J. and Linda L. Christeleit Owner(s) : Legal description: NEl of the NWl Sec 0 T . 6 'n- 88 No. of acres: 10.001 • 1 '11 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. One single family dwelling, watering of non-commercial domestic stock, irrigation of 4•,00(1 cry ft. _iaf home 1la&wn. garden. Each parcel will have individual septic/leach field County approved. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Used for (purpose) Description of land on which used Type or right N/A ( 3 -F E APPL • ! NT (S) S TE(S) THAT THE INFORMATION SET FORTH HEREON IS - iE E : . • H y EDGE. vird_ ./_ ,I r 'A URE# • NT1SI Use additional sheets of paper if more space is required. • • WRJ•5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (X) A PERMIT TO USE GROUND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: (XX ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME Peter & Linda Chri stel ei t STREET P.0. Box 681 CITY Glenwood Springs, CO 81602 (State) (Zip) TELEPHONE NO 303-984-2265 (2) LOCATION OF PROPOSED WELL County Garfield SE y. of the NW % Section 30 Twp. 6 S Rng. 88 W 6th (14,$)IE,W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet)• .62 4 Number of acres to be irrigated: ,000 sq. f t . Proposed total depth (feet): Aquifer ground water is to be obtained from: Alluvium ChristeleitSubd.ivi 200 ft. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. s -i on Owner's well designation Well #4 Parcel D ¢ -� GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( )COMMERCIAL (4) ( ) MUNICIPAL (8) ( ► OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Colorado Licensed Driller (State) (Zip) Telephone No. Lic. No PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D COUNTY • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. I .4 - -- • 1 MILE, 5280 FEET ).1 + + + + 1- + + w z z 0 1- U w w W NORTH SECTION LINE I 1 - - -I- : — — -I— — 1-- I I —1— II + 4 LINE t m n H m m 0 --1 O cn z r z 4- — (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 4.200 ft from South sec. line (north or south) 3,150 ft from East sec line Parcel (eas! or west) Xerdt D BLOCK FILING >« SUBDIVISION Christeleit Subdivision (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Christeleit No. of acres 10.001 the only well on this tract? yes . Will this be -f- I 4 4- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. ( (8) PROPOSED CASING PROGRAM Plain Casing 6 in. from 0 ft to 8o ft 6 in from 80 ft to 200 ft Perforated casing in from ft to ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Peter J. and Linda L. Christeleit No. of acres 10.001 Legal description: SE6f of the NW i, Sec 30, Twp 6S, Rng 88W, 6th PM (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. One single familydwelling, watering of non-commercial domestic stock, irrigation of 4,000 sq. ft. of home, & garden. Each parcel will have individual septic/leach field County approved (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N/A 7/-1-13) THE A' .. CANT (S) • TE(S) THAT THE INFORMATION SET FORTH HEREON IS RUE �� H - : E •� OF H,. OWLEDGE. NATURE LICANTISI Use additional sheets of paper if more spa( ; ;, required. WRJ•5•Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where (X) A PERMIT TO USE GROUND WATER applicable. Type or (X) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO initialed. ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME Peter & Linda Christeleit STREET P.O. Box 681 CITY Glenwood Springs, CO 81602 (State) TELEPHONE NO 303-984-2265 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield SE Y. of the NW '4 Section Twp. 6 S Rng, 88 W (N.S) (E,W) 30 6th PM (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet) • 15 .62 Number of acres to be irrigated: Proposed total depth (feet): 4,000 sq. f 1. Aquifer ground water is to be obtained from: Alluvium 200 ft. Owner's well designation Uhristeleit Subdivls>_ Well #5 Parcel E GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY (X) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) • no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Colorado Licensed Driller 7L Telephone No. (Stat.) (T1p) Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. _ COUNTY_ (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - - + - 'i.' - -; - - + - -+ - -}- I f •--• - 1 MILE, 5280 FEET •— ),I -� - + + + . f. - Nun ill stt: 1 ION LINE I "'cri I• D I — 1 1 I —I 1 m I 0 L A I is———f----4---m I I 1 -I 0 I Z r I I SniITM Or 1•T1 JIM 1 IMC -{- 4- + + -I- I -I- -(- + -+- 4 4 - --1- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 3,350 ft. from South sec. line (north or south) 3, 100 ft from East sec. line (aas! Or wast) Parcel —BLf��1stelelILING a SUBDIVISION lSubdivision (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Chri stel ei t No. of acres 10.001 Will this be the only well on this tract? ves — (8) PROPOSED CASING PROGRAM Plain Casing 6 in from 0 ft to 80 ft 6 in from 80 ft to 200 ft Perforated casing in from ft to ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1.000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s)- Peter J. & Linda L. Chri steleit No. of acres• 10.001 Legal description: SE4 of the NW4, Sec 30, Twp 6s, Rng 88W, 6th PM (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. One single family dwelling, watering of non-commercial domestic stock, irrigation of 4,000 sq. ft. of home lawn & garden. Each parcel will have individual septic/leach field County approved. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N/A (13) THE APP ANT (S T'UETg ST tMalt _.i/L4-1011Z S • NATURE •,1111"PLICANT(S) TE(S) THAT THE INFORMATION SET FORTH HEREON IS WLEDGE. Use additional sheets of paper if more space is required. GARFIELD COUNTY 0 REGULATORY OFFICES AND PERSONNEL May 15, 1992 John Schurer Division of Water Resources Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 RE: Proposed Christeleit Final Plat Dear John: Please find enclosed the corrected order from the Basalt Water Conservancy District providing water for the proposed Christeleit Subdivision. I think you can anticipate well permits being filed for the lots in the near future. Call me if you have any questions. Sincerely, Andrew C. McGregor Planner ACM/rlb 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • CORRECTED ORDER GRANTING APPLICATION FOR ALLO CHRISTELEIT SUBDIVISION HOMEOWNER'S Tx. NAY 1 5 1992 .r.(.�1.1011. S Application having been made by or on behalf of Christeleit Subdivision Homeowner's Association and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 0.2 cubic foot per second of water from the District's direct flow rights and 3.7 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant shall provide the District proof that it is a homeowner's association incorporated as a non-profit corporation under the laws of the State of Colorado or such other entity as is acceptable to the district which shall be responsible for the on going payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under the Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. The applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described as follows: Lots A, B, C, D, E and F, Christeleit Subdivision, Garfield County, Colorado. BASALT WATER CONSERVANCY DISTRICT By: President i • • I hereby certify that the above Order was entered by the Directors of the Basalt Water Conservancy District on the j y 'day of May, 1992. ATTEST: Secretary 1 r BASALT WATER CONSERVANCY DIS '1 WATER ALLOTMENT CONTRACT MELD COUNTY Pursuant to C.R.S. 1973, 37-45-131 OW 15 1992 The Applicant, Christeleit Subdivision Homeowner's Association (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, g meq., 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: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.2 cubic foot of water per second from the District's direct flow rights and 3.7 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: 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, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi 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 releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of 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 of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi 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. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable 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 Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right HOLY CROSS LLEC R1C ASSC,CIATION INC. 3799 HIGHWAY 82 1'. O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 September 26, 1991 (303) 945.5491 FAX: 945-4081 GARFIELD COUNTY Attention: Mr. Tim Beck High Country Engineering Inc. 923 Cooper Avenue Glenwood Springs, Colorado 81601 RE: Christeleit Subdivision Line Extension Dear Tim: The above mentioned development is within the certificated service area of Holy Cross Electric Association, Inc. As per your request, I have completed a preliminary estimate for providing service to the subdivision. Estimated tap fee to Hoods $3,500.00 Estimated one pole tap for service to Lot E 2,500,00 Total $6,000.00 The above figures are only estimates and based on 1991 prices. Upon completion of appropriate contractual agreements, the job can be scheduled for construction. Please advise when you wish to proceed with the development of the electric system to this project. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. 012 - Buzz 2"z Buzz Quaco, Staking Engineer BQ:rjm `W/O#91-13233:60-25:Christeleit Subdivision /*\ TRI PHASE ELECTRIC CO CONTRACTORS & ENGINEERS Residential • Commercial • Industrial (303) 524-7135 Proposed road work for: Christeleit Subdivision Location: Heather Lane Glenwood Springs, CO 81601 Installation of: Grading Bridging Materials (Pit Run) Class #6 Road Base (3/4") MAY 1 51992 GARFIELD COUNTY Materials: $2,120.00 Trucking 1,800.00 Road Grader 600.00 Total $4,520.00 Drawer 920 • Gypsum, CO 81637 • Denver, Colorado April 10, 1992 Peter Christeleit P.O. Box 681 Glenwood Spgs, CO 81602 Dear Sir or Madam, Land Development Agreement - Control No. 1251200521 • COMMUNICATIONS *AI 1 519'91 GARFIELD COUNTY Enclosed are 2 copies of our Land Development Agreement for your signature, for the development known as Christeleit Subdivision. The execution of this agreement is necessary prior to placement of our facilities in your development, pursuant to the tariffs that were approved by the Public Utilities Commission on September 24, 1991. The dates on the agreement should be left blank. They will be dated upon execution by our Company. Please return the 2 original agreements and the 3 original Trench and Backfill agreements within 90 days along with the payment amount indicated in Paragraph 2, to : U S WEST Communications, Attention: Land Development Coordinator, 1005 -17th Street, Room 540, Denver, Colorado 80202. If the signed agreements have not been received by US West within the 90 days they will be cancelled and new agreements will have to be initiated by contacting U S WEST Communications Engineering Department. Should you have any questions regarding the agreement, please contact me on 303-896-9597. Yours truly, Thomas A. Scroghem Network Facility Engineering Attachments: 2 Control Number 1251200521 Job Number 1U-101 LAND DEVELOPMENT AGREEMENT (RES) THIS AGREEMENT entered into this day of 19 , by U S WEST Communications, a Colorado Corporation (hereinafter referred to as "The Company") and Peter Christeleit (hereinafter referred to as "The Developer"); WITNESSETH RECITALS: The Developer has planned to undertake construction of a development known as Christeleit Subdivision which is more fully described as being located in Section 30, T 6 South, R 88 West, Sixth Principle, Glenwood Springs Exchange, Garfield County, state of Colorado. The Company has been requested by The Developer to provide distribution facilities, more specifically: buried distribution facilities (as shown on the attached Exhibit A) attached hereto and incorporated herein by this reference which facilities will be adequate to serve 6 access lines in the above mentioned area, and on or before six years from the date of this agreement, there will be 6 access lines in service in the development. The proposed area is such that pursuant to the tariffs of The Company on file with the Public Utilities Commission of Colorado (hereinafter referred to as "The Commission"), The Company is willing to undertake provision of such facilities only upon payment of the security deposit hereinafter specified. COVENANTS: In consideration of the mutual covenants and conditions here set forth, it is hereby agreed by and between The Company and The Developer as follows: 1. This Agreement is entered into subject to the tariffs of the Company on file with The Commission. In the event that these tariffs are superseded or suspended prior to any performance by The Company, agreement shall become void and the parties may enter into agreements as will conform to such tariffs as may be in effect aforesaid change, suspension or supersedure. 2. The Developer shall estimated cost of Cents ($3,430.02). Exhibit B, attached changed, then this such new after the pay to The Company a security deposit equal to the Three Thousand Four Hundred Thirty Dollars and Two Said total shall be paid to The Company as shown on hereto and incorporated herein by this reference. 3. Upon payment of the sums enumerated in paragraph 2 and Exhibit B, The Company shall undertake installation of the facilities in the development as stated in the RECITALS and as shown on the attached Exhibit A. 4. The Company agrees that initial facilities will be available by 120 days after execution of contract. Any additional facilities included herein will be available prior to customer demand therefore. In no event shall The Company's failure to complete the work by the above-specified date be considered a breach of this agreement by The Company, nor shall it relieve The Developer of any of its obligations hereunder, if said delay is caused by acts of God, labor disputes, unavailability of equipment or material, delays in receiving equipment or material, delays in obtaining easements or rights-of-way, unusual working conditions, unusual terrain, delay caused by The Developer or any other circumstances beyond the reasonable control of The Company. The parties shall, insofar as possible, coordinate their construction work. 5. Any easements, rights-of-way or property required by The Company in the above development shall be furnished by The Developer without cost or restriction to The Company and shall be cleared and within six inches of final grade by the construction start work date. All survey property stakes will be placed by The Developer to identify the physical location of said easements and rights-of-way within the development. The Developer shall be required to reimburse The Company for unusual private and government right-of-way costs pursuant to this agreement, that are not covered by the security deposit. In the event of replatting, rezoning, or change of use during the term of this agreement, The Developer or the permitted assignee shall bear the full expense of relocation or replacement of all affected distribution facilities. This amount is not refundable. 6. Developer hereby agrees to provide trenches for placement of The Company's facilities and backfill to cover said facilities after placement, in accordance with Exhibit C, attached hereto and incorporated herein by the reference. 7. Within sixty days after the annual anniversary date of the execution of this agreement for each of the six years, The Company shall refund to The Developer as follows: a. The sum of Five Hundred Seventy-one Dollars and Sixty-seven Cents, ($571.67) for each access line in service in the above development. b. Said refund shall not apply to those access lines for which a refund has been previously given by The Company to The Developer, and a refund shall' not be given unless there is a total net annual increase in access lines from the preceding period in which a refund was given. c. In no case will the refund be greater than the total security deposit assessed by The Company ($3,430.02) or exceed the sum of ($571.67) per access line in service, and if after the sixth anniversary there is any remaining balance which has not been refunded to The Developer because of lack of access line development, that sum shall be retained by The Company and no further refunds will be made. d. No interest shall be payable to The Developer upon the amounts subject to refund under this agreement. e. The refunds contemplated herein are based on completed installation costs per access line for the distribution facilities contracted for herein. • f. It is the Developer's responsibility to notify the Company of any change of address for purposes of refunds hereunder in accordance with paragraph 15, below. The Company shall have no responsibility for failure to make refunds if the Developer has changed its address and has failed to notify the Company. On the sixth and final anniversary date, the refund shall include all access lines which have been in service at any time during the life of the agreement, for which refunds have not been previously made. 8. It is understood and agreed that the consideration paid by The Developer is a charge for the cost of providing distribution facilities in this type of area and is not a deposit for security for individual customers, nor are such payments applicable to installation charges or the regular monthly charges for such service as provided in the filed tariffs of The Company, and the charge does not vest ownership of the facilities in The Developer or subscriber nor does the charge reserve any central office equipment nor any feeder facilities for the area being served. 9. The security deposit and refund procedure provided for pursuant to this agreement does not satisfy the construction charges which may be payable by the individual customers as required by tariff. The Developer shall not represent that the payment of the security deposit by The Developer alleviates the individual customer's responsibility to pay other appropriate charges when required by tariff. 10. Any type of construction requested by The Developer other than normal construction proposed by The Company shall be subject to additional charges,as provided in The Company's tariffs, and such charges shall not be subject to refund. 11. In the event access line development does not reach 6 access lines within six years from the date of this agreement, The Company shall have no obligation to continue to provide the facilities not in use which were placed or reserved pursuant to this agreement. In the event of a lack of access line development, The Company may remove or otherwise utilize any facilities which are in excess of the amount in service on the sixth anniversary date, and The Company shall have no obligation to serve subsequent customers in the development other than pursuant to applicable tariffs then on file and in effect, with The Commission. g. 12. This agreement may not be assigned by The Developer without the prior written consent of The Company, which shall not be unreasonably withheld. 13. This agreement shall inure to the benefit of and be binding upon the successors in interest and permitted assignees of the parties hereto. 14. The Company reserves the right to construct excess capacity into the facilities being constructed pursuant to this agreement. The additional costs of the excess facilities are not included in the charges set forth above, and The Developer will not be liable for such additional costs. In the event that additional persons apply for service subsequent to the construction of facilities pursuant hereto, the Company shall charge to such subsequent applicants, fees and construction charges as may be applicable under the tariffs then on file and in effect with The Commission. The Developer shall not be entitled to any refund or reduction in charges by reason of the provision of such service to such additional applicants. • • 15. In the event any legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. 16. Any notice between the parties and payment of security deposit and refund, pursuant to this agreement, shall be given in writing, hand delivered or mailed by United States mail, postage prepaid, addressed, if to The Company to: U S WEST Communications Land Development Agreements Coordinator 1005 17th St., Rm 550 Denver, Colorado 80202 and if to The Developer to: Peter Christeleit P.O. Box 681 Glenwood Spgs, CO 81602 and shall be effective when hand delivered or postmarked, whichever is earlier. Changes by either party in the designations must comply with the above. DEFINITIONS:, 17. The following definitions are applicable to this agreement: Access Line. The telecommunication circuit that extends from the customer's termination point to a central office. Central Office. A switching unit in a telephone system, providing service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting access lines. Distribution Facilities. All telephone plant between the feeder facilities and the customer's termination point. Feeder Facilities: The telephone plant between the central office and distribution facilities. Tariff: A document filed by The Company with the Public Utilities Commission which lists the communication services and products offered by The Company and gives a schedule of rates for those services and products. Access Line in Service: A telecommunication circuit for which a customer is paying the monthly rate as called for in the tariff. IN WITNESS WHEREOF, the parties have executed this agreement the day and year appearing on the first page of this agreement. U S WEST Communications, a Colorado Corporation By Title Manager -Colorado Net. Fac. Engr. Peter Christeleit By Title ATTEST/WITNESS • EXHIBIT B a. Upon execution of this agreement the sum of $3,430.02 is due, for the development known as Christeleit Subdivision, Control No. 1251200521. ;0 JL L k.ox L,O F1:.: cor fullowinci permit(.6) PERMIT(s) 4: et eirda .015 19921 cltkBgi..o)ciourrrY Date o i3:: CHRISTELEIT. PETER Bond Holder: PO E.:0X 681 GLENWOOD SPRINGS 'ST: CO ZIP: 81602 964-2265 •JrAilLy Cut Permits -4's: From: - To: Tota -1 Utility .00 Permits -4's: From: 019-92 To: 019-92 Total Drivew,ay: 15.00 ..Lze Permits -47s: From: - To: - Total Over Size: .00 1 Permlt,.,..-.-4's: From: - To: - Total Over We..;.Qht: .00 Fax/Admiklistration .00 TOTAL DUE -> 15.00 '-//7-PerolL 11 On Check u; Check 4: • • April 17, 1992 Mr. Andrew McGregor Garfield County 109 8th Street Glenwood Springs, CO 81601 Re: Christeleit Subdivision HCE File No. 90057.001 Dear Andrew: This letter with enclosures constitutes a request for a variance from the maximum road grades recently adopted. The enclosed plan and profile drawing shows the alignment and grade of the road for three conditions. The dashed profile line shows the historic grade of the road. The solid line shows the proposed, as well as preferred, grade of the road. The dotted line shows the grade of the road if the adopted maximum grade of 10% is adhered to. Note that only the center portion of the road is shown because the remainder of the road has grades considerably less than the 10% adopted maximum. In fact, the length of 12% grade is less than 14% of the entire road length. We believe that a relatively short stretch of 12% grade is preferable to the cutting and filling necessary to reduce the grade to 10% for the following reasons: 1. The proposed road grade and alignment has been in the proposed configuration for a number of years and additional cut and fill operations would disturb a significant amount of land as well as create new erodible slopes. 2. The high fill will create a driving hazard that is not now existing. 3. The fill necessary for a 10% grade would cut off natural drainage patterns more severely than the proposed road. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 • • Andrew McGregor April 17, 1992 Page two 4. Since the area at the top of the hill consists of ledged rock and/or large boulders, it could not likely be cut without blasting. Therefore, a significant volume of fill would likely need to be imported or taken from a borrow area elsewhere on site. If you have any questions or need additional information, please call. Sincerely, HIGH COUNTRY ENGIN ERING, INC. Ti Ithy P. Beck, P.E. Pr'ncipal Engineer TPB1: cso • GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL March 11, 1992 Peter and Linda Christeleit P.O. Box 681 Glenwood Springs, CO 81602 RE: Christeleit Subdivision Final Plat Dear Christeleits: The following continents are in response to your various Final Plan submittals. Letter of Credit The Letter of Credit is not applicable in its current form. The instrument needs to be payable on demand. The references to a requirement for "a copy of any unpaid invoices for work done" should be removed. Subdivision Improvements Agreement la. There needs to be some documentation from the applicable utilities regarding the extension of phone and electric service to each lot. If any physical improvements are required, those improvements shall be included in the Improvements Agreement. Any costs shall be included in the Letter of Credit or paid directly to the utility. lb. This section should include Garfield County. lc. Requires the certification by a registered engineer. There is no resolution of approval for a Final Plat. 3. No specific Exhibit B has been submitted. I assume that it is the letter from Tim Beck. 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 Peter and Linda Christeleit Page 2 March 11, 1992 In the last sentence of the second paragraph, the following language should be added after "paid for": "and the County has accepted said improvements." Restrictive Covenants Section 2.2 The "should" needs to be changed to "shall." Section 2.4 Section 2.5 A provision for transferring the Basalt Water Conservancy District Contract and well permits from the developer to the Homeowner's Association. Ownerships of water rights and wells need to be consistent. This section refers to a joint water well. This is the first reference to this change. A joint water well was not approved as a part of the Preliminary Plan. If this is the intended method of providing domestic water, then a modification to the Preliminary Plan, with the requisite public hearings, would be required. Section 8.1 Guest houses require the approval of a Special Use Permit by the Board of County Commissioners. Road Plans The proposed road plans do not meet current subdivision road design standards. Section 9:34 requires the establishment of a cul-de-sac or turnaround. Final Plat There needs to be utility easements shown on the plat. The dedication statement shall identify the road as a private easement. Because of the "shared" nature of the easement, it cannot be public. The dedication statement needs to be consistent with the Final Plat map. • • Peter and Linda Christeleit Page 3 March 11, 1992 Call me if you have any questions. Sincerely, /lino/bit° 428 Andrew C. McGregor Planner ACM/rlb