HomeMy WebLinkAbout1.0 ApplicationJohn Nieslanik Ranch
Rural Lands Development Exemption Option
Garfield County, Colorado
April 30, 2010
Updated August 4, 2010
Prepared by:
The Land Studio, Inc.
P.O. Box 107
Basalt, Colorado 81621
(970)927-3690 phone
landstudio2@comcast.net
Prepared for:
Nieslanik Investments, LLC and
Cecelia L. Nieslanik Bypass Trust
c/o Mark Nieslanik
1872 Prince Creek Road
Carbondale, Coloardo 81623
John Nieslanik Ranch
Rural Lands Development Exemption Option
Garfield County, Colorado
Table of Contents
1. Application Form, Agreement to Pay form, Authorization Letter, Pre-
Application Conference Summary, & Resolution 2009-87
2. Nieslanik Ranch Narrative
3. Copy of deed showing ownership, demonstration of parcel existence
prior to January 1, 1973.
4. Property owners adjoining and within 200’, Mineral interest owners,
Adjacent Land Owner Map, Adjacent Land Use Map & Vicinity Map.
5. Land Suitability Analysis/Baseline Inventory
6. Compliance with Garfield County Comprehensive Plan, Compliance
with Article VII Standards, Impact Analysis, Fugitive Dust Control
Plan, & Weed Management Plan
7. Engineering Report
Engineering Report Exhibits:
Exemption Plat, sheets 1, 2, 3, 4 and 5
Resource Engineering Well Quantity and Quality Report
Nieslanik Well Descriptions Location Maps
Permit for ISDS for Lot 5
Will Serve Letters
Holy Cross
Qwest
Source Gas
Fire District Letter
Drawings, sheets 1, 2 and 3
Drainage Study
Traffic Study/Basic Traffic Analysis
HP Geotech Radiation Hazard Assessment
8. AVLT and POST Review Letter, Development Agreement,
Conservation Easement, Open Space Management Plan, &
Declaration of Covenants, Conditions, and Restrictions
9. Open Space Plan
10. Rural Land Development Exemption Plats and Engineering Drawings
1
Application Form,
Agreement to Pay Form,
Authorization Letter
Pre-Application Conference Summary &
Resolution No. 2009-87
GENERAL INFORMATION (Please print legibly)
! Name of Property Owner: ________________________________________________
! Mailing Address: ____________________________ Telephone: (____)___________
! City: ____________________ State: ___ Zip Code: ______ Cell: (____) __________
! E-mail address:___________________________________ FAX: (___ ) __________
! Name of Owner’s Representative, if any, (Attorney, Planner, Consultant, etc):
! ____________________________________________________________________
! Mailing Address: ____________________________ Telephone: (____)___________
! City: ____________________ State: ___ Zip Code: ______ Cell: (____)__________
! E-mail address:___________________________________ FAX: (____)__________
! Street Address / General Location of Property:______________________________
___________________________________________________________________
! Assessor’s Parcel Number: __ __ __ __ - __ __ __ - __ __ - __ __ __
! Size of Property as of January 1, 1973: __________(acres)
! Size of Property as of October 16, 2000: _________(acres)
! Current Size of Property to be Subdivided ________(acres)
! Property’s Zone District: ______________________
! Proposed number and size of lots to be created via Rural Lands Development Option:
o Lot #: ____ consisting of 80% of total lot area to include _________ acres
o Number of lots for each 35 acres: ____
o Number of Lots for each 100 acres in parent property: ____
o An additional bonus lot provided to Applicant: 1__
o Total lots to be created via Rural Lands Development Option: ____
o Proposed number and size of lots to be created via
Exemption from the definition of Subdivision:
Lot #: ____ containing _______ acres
Lot #: ____ containing _______ acres
Lot #: ____ containing _______ acres
Total lots to be created via Exemption: ____
! Proposed FINAL TOTAL number of lots to be created from this project: ____
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Last Revised 12/30/08
" Rural Land Development Option Exemption
" Rural Land Development Option Exemption Amendment
1872 Prince Creek Road 970 963-1391
970 948-2102CarbondaleCO81623
marknies@sopris.net
The Land Studio, Inc., Doug Pratte
P.O. Box 107
970 948-6033BasaltCO81621
970 927-3690
landstudio2@comcast.net
0979 County Road 101, Carbondale, CO 81623
2 4 6 3 0 2 4 0 0 0 0 9
2 4 6 3 0 2 2 0 0 0 1 0
Nieslanik Investments, LLC and Cecelia L. Nieslanik Bypass Trust
X
166
179.435
179.435
Rural
6 166.958
5
1
6
N/A
Lot #: ____ containing _______ acres
Lot #: ____ containing _______ acres
Lot #: ____ containing _______ acres
1
2
3
4
5
6
3.654
2.048
2.272
2.483
2.020
166.958
6
6
2
Nieslanik Ranch Narrative
John Nieslanik Rural Land Development Option Exemption
Nieslanik Property Background Narrative
Garfield County, Colorado
March 16, 2010
John Nieslanik along with his wife Cecilia and his brothers Paul and Bob purchased their East Mesa
property above Carbondale from the Blanc family in 1963. John and his family have run this family
ranch and cattle operation since the purchase. The Nieslanik Brothers operation grew and became
one of the largest in the Roaring Fork Valley. In 1974 a developer from the Denver area came to the
valley and began to sell lots above the Nieslanik family ranch without approved access. Once this
developer had sold several lots, the new owners along with speculative realtors began to try to get
access through the Nieslanik family ranching operation, which resulted in a long legal battle, which
the Nieslaniks ultimately won.
In 1993 John and his 2 brothers divided their cattle and land. The John Nieslanik family retained 179
acres of land on East Mesa and is now the sole owner of the original Blanc property that is held by
two family entities; Nieslanik Investments, LLC and the Cecelia L. Nieslanik Bypass Trust. In 1996
a different group of investors and developers tried to gain access to the neighboring properties
through the ranch once again. After a second long legal battle and with the help of the adjoining
neighbors, the developers were defeated and the John Nieslanik family began to work on a
conservation easement for the property. This easement was put in place in December of 2006 and is
held by the Aspen Valley Land Trust and the Pitkin County BOCC, and was acquired in part with a
grant from Great Outdoors, Colorado and with funds from the Commodity Credit Corporation
through the Farm and Ranch Lands Protection Program administered by the NRCS. The family
worked diligently with these entities to place the perpetual easement on 167 acres of the property.
As part of the easement the family is allowed to create 5 family home sites, which are now part of
this application. These homes sites will be 2+ acre sites that are located outside of the agricultural
easement and will be eventually deeded to John and his 4 sons upon approval by Garfield County
through the Rural Land Development Exemption process. The legal and physical access to these
home sites is demonstrated in this application as well as the water service that is to be provided by
the two wells on the property. Engineered Individual Sewage Disposal Systems will be utilized for
wastewater treatment. Private access and utility easements have been provided to all of the lots and
are illustrated on the Rural Lands Development Exemption Plat. The Carbondale and Rural Fire
Protection District has reviewed and commented on the access to the lots and the required water
supply. This letter is included in the application materials.
The remainder parcel will contain the existing ranch headquarters buildings and the irrigated
agricultural lands. This property is conserved and the allowed/restricted uses of the property are
contained in the attached perpetual conservation easement. A draft of the Rural Land Development
Exemption Development Agreement and a proposed Declaration of Covenants, Conditions and
Restrictions have also been included in this application for review by Garfield County. This
application proposes an exemption from the affordable housing regulations based on Section 7-602
A.1. Affordable Housing Standards/Rural Land Development Exemption.
3
Copy of Deed Showing Ownership &
Demonstration of Parcel Existence Prior to January 1, 1973.
4
Property Owners Adjoining and within 200’,
Mineral Interest Owners,
Adjacent Land Owner Map,
Adjacent Land Use Map &
Vicinity Map
John Nieslanik Ranch
Names and Addresses of owners of record of land immediately adjoining
and within 200' of the John Nieslanik Ranch property.
Updated March 16, 2010.
P & C Nieslanik LLLP
481 County Rd 100
Carbondale, CO 81623-9547
Nieslanik, Martin & Jerilyn
& Mark J. & LMN Investment, LLC
1872 Prince Creek Rd
Carbondale, CO 81623
Iron Rose Land &
Cattle I, LLC
1000 Blue Heron Lane
Carbondale, CO 81623
Carbondale Corporation
4582 S. Ulster Street Ste 405
Denver, CO 80237-2565
Mineral rights owners
Blanc, Osire A. & Daryo A. & Hilda
Attn: Long, Martha
8153 County Rd 312
New Castle, CO 81647-9699
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5
Land Suitability Analysis &
Baseline Inventory
The following Baseline Inventory and Present Condition
Report will serve as the Land Suitability Analysis for the
John Nieslanik Ranch application. All information
requested for a Land Suitability Analysis has been
addressed and included in the Baseline Inventory.
6
Compliance with Garfield County Comprehensive Plan,
Compliance with Article VII Standards,
Impact Analysis,
Fugitive Dust Control Plan &
Weed Management Plan
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
COMPLIANCE WITH
GARFIELD COUNTY COMPREHENSIVE PLAN
1.0 Public Participation
Goal: An integral part of County Land Use Planning is the opportunity for citizens to be
involved in all phases of the planning process.
It is the intent of the John Nieslanik Ranch Rural Land Development Exemption
to address the Comprehensive Plan goals that were established with public
participation when Garfield County developed and adopted the Plan.
2.0 Housing
Goal: to provide all types of housing that ensures current and future residents equitable
housing opportunities which are designed to provide safe, efficient residential structures
that are compatible with and that protect the natural environment.
The John Nieslanik Ranch residences are compatible with the agricultural
operations of the ranch and minimize impact on the natural environment via
clustering. Five lots are clustered around the Remainder Ranch parcel and avoid
impacts on the agricultural operations of the ranch. The John Nieslanid Ranch
Rural Land Development Exemption is exempt from affordable housing
requirements based on ARTICLE VII STANDARDS, Affordable Housing
Standards/Rural Land Development Exemption.
3.0 Transportation
Goal: Ensure that the County transportation system is safe, functional, appropriately
designed to handle existing and future traffic levels and includes options for the use of
modes other than the single-occupant automobile.
The primary focus of the Nieslanik Ranch Rural Land Development Exemption is
to provide low-density residential lots in a rural location with a focus on
preserving the rural nature of the property. This rural setting with low-density
residential and agricultural uses is not appropriate for public transportation.
Sopris Engineering has provided a Traffic Analysis in Section 7 of this
Application.
4.0 Commercial & Industrial Uses
Commercial: Garfield County will encourage the retention and expansion of convenient,
viable and compatible commercial development capable of providing a wide variety of
goods and services to serve the citizens of the County.
Industrial: Garfield County will encourage the development of a diversified industrial
base for the County which recognizes the human resources, natural resources and
physical location-to-market capabilities of the community, and which further recognizes
and addresses the social and environmental impacts of industrial uses.
The John Nieslanik Ranch Rural Land Development Exemption seeks to preserve
the commercial agricultural operations of the ranch by utilizing a Conservation
Easement to protect the irrigated agricultural lands and clustering five residential
lots around the conserved Remainder Parcel. There are no industrial uses
proposed for the John Nieslanik Ranch. The Conservation Easement is included in
Section 8 of this application.
5.0 Recreation and Open Space
Goal: Garfield County should provide adequate recreational opportunities for County
residents, ensure access to public lands consistent with BLM/USFS policies and preserve
existing recreational opportunities and important visual corridors.
The John Nieslanik Ranch has placed a Conservation Easement on the irrigated
agricultural land to preserve the historic irrigated agriculture open space and
rural character of the property. The Conservation Easement is included in
Section 8 of this application.
6.0 Agriculture
Goal: To ensure that existing agricultural uses are allowed to continue in operation and
compatibility issues are addressed during project review.
Again, the John Nieslanik Ranch Rural Land Development Exemption seeks to
preserve the commercial agricultural operations of the Ranch by utilizing a
Conservation Easement to protect the irrigated agricultural lands and clustering
five residential lots around the conserved Remainder Parcel. The Conservation
Easement is included in Section 8 of this application.
7.0 Water and Sewer Services
Goal: To ensure the provision of legal, adequate, dependable, cost-effective and
environmentally sound sewer and water services for new development.
The John Nieslanik Ranch Rural Land Development Exemption will provide
adequate and safe water and sewer service as described in the Engineering
Reports in Section 7 of this application.
8.0 Natural Environment
Goal: Garfield County will encourage a land use pattern that recognizes the
environmental sensitivity of the land, does not overburden the physical capacity of the
land and is in the best interest of the health, safety and welfare of Garfield County.
Again, the John Nieslanik Ranch Rural Land Development Exemption seeks to
preserve the commercial agricultural operations of the Ranch by utilizing a
Conservation Easement to protect the irrigated agricultural lands and clustering
five residential lots around the conserved Remainder Parcel.
The uses that the Conservation Easement allows and restricts on this parcel are
designed to protect the agricultural and natural environment. The Conservation
Easement is included in Section 8 of this application.
9.0 Natural Resource Extraction
Goal: Garfield County recognizes that under Colorado law, the surface and mineral
interests have certain legal rights and privileges, including the right to extract and
develop these interests. Furthermore, private property owners also have certain legal
rights and privileges, including the right to have the mineral estate developed in a
reasonable manner and to have adverse land use impacts mitigated.
The Covenants for the John Nieslanik Ranch Rural Land Development
Exemption recognize that mineral interests have been severed from the property
and that these interests may be developed in the future. The Covenants are
included in Section 8 of the Application.
10.0 Urban Area of Influence
Goal: Ensure that development and overall land use policies occurring in the County that
will affect a municipality are compatible with the existing zoning and future land use
objectives of the appropriate municipality.
The proposed low-density residential and agricultural land uses are consistent
with the County land use designations and zoning and compatible with the rural
uses that surround Carbondale.
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
COMPLIANCE WITH
ARTICLE VII STANDARDS
DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE
CHANGE PERMITS
Section 7-101 Compliance with Zone District Use Restrictions.
The proposed land uses comply with applicable Rural zone district use
restrictions and regulations in Article III, Zoning.
Section 7–102 Compliance with Comprehensive Plan and Intergovernmental
Agreements.
The land use change is consistent with applicable provisions of the
Garfield County Comprehensive Plan. This compliance has been
addressed in this application within the “Compliance with Garfield County
Comprehensive Plan” in Section 6 of this document.
Section 7–103 Compatibility
An adjacent land use map is included in Section 4 of this application.
Adjacent land uses consist of agriculture uses with rural residences. The
proposed limited residential development with conserved agricultural
lands is compatible with these surrounding land uses.
Section 7-104 Sufficient Legal and Physical Source of Water
The sufficient legal and physical water supply has been addressed in
Section 7, Engineering Reports, of this application.
Section 7-105 Adequate Water Supply
The adequate water supply is addressed in Section 7, Engineering Reports,
of this application.
Section 7-106 Adequate Central Water Distribution and Wastewater Systems
Adequate water and wastewater systems are addressed in Section 7,
Engineering Reports, of this application.
Section 7-107 Adequate Public Utilities
The utility plan describing adequate utilities for the proposed land uses
and the “can and will serve” letters from Holy Cross, Qwest, Source Gas
and the Carbondale & Rural Fire Protection District are included in
Section 7 of this application.
Section 7-108 Access and Roadways
Road plan and profile information is included in the Engineering Reports,
Section 7, of this application, as well as in the exemption plat drawings in
Section 10 at the end of this application.
Section 7-109 No Significant Risk from Natural Hazards
The Baseline Inventory and Present Condition Report included in this
application contain descriptions of the geologic characteristics of the area
and list no potential natural hazards that would be a factor in this proposal.
DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR
LAND USE CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
A Conservation Easement that protects the existing agricultural lands
burdens this parcel of land. All of the new building envelopes are located
outside of existing agricultural land. The Conservation Easement
describing the protection of agricultural land is included in Section 8 of
this application.
Section 7-202 Protection of Wildlife Habitat Areas
A Baseline Inventory Report was completed by Rocky Mountain
Ecological Services, Inc as part of the Conservation Easement for this
property. Wildlife values have been identified in this report and building
envelope locations have been based on this report. The Baseline Inventory
is included in Section 5 of this application.
Section 7-203 Protection of Wetlands and Waterbodies
The only surface water existing on this property resides within irrigation
ditches. Historic irrigation practices will continue according to the
Conservation Easement requirements in Section 8 of this application.
Section 7-204 Protection of Water Quality from Pollutants
The Conservation Easement prohibits new development that would result
in hazardous materials being stored or used without being in compliance
with applicable County, State and Federal regulations.
Section 7-205 Erosion and Sedimentation
The Drainage, Grading & Erosion Control Plan provided by Sopris
Engineering is included in Section 7, Engineering Drawings in this
application. A full Drainage Report is also included in Section 7 of this
application.
Section 7-206 Drainage
The Drainage, Grading & Erosion Control Plan provided by Sopris
Engineering is included in Section 7, Engineering Drawings in this
application. A full Drainage Report is also included in Section 7 of this
application.
A full Drainage Report is also included in Section 7 of this application.
Section 7-207 Stormwater Run-off
The Drainage, Grading & Erosion Control Plan provided by Sopris
Engineering is included in Section 7, Engineering Drawings in this
application. A full Drainage Report is also included in Section 7 of this
application.
Section 7-208 Air Quality
As noted in the Impact Analysis, due to the low proposed residential
density, the proposed project will have minimal temporary or long-term
adverse effect on noise, odors, or waste-generation.
Section 7-209 Areas Subject to Wildfire Hazards
The applicant agrees to follow the standards in areas subject to Wildfire
Hazards, as identified on the County Wildfire Hazards Map. Also
included in Section 7 of the application is a letter from the Carbondale &
Rural Fire Protection District.
Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
The Baseline Inventory and Present Condition Report included in this
application contain descriptions of the geologic characteristics of the area
and list no potential hazards that would be a factor in this proposal.
Section 7-212 Reclamation
Dryland seeding specifications are contained in the Engineering Drawings
page 2 of 3 provided by Sopris Engineering.
DIVISION 3 SITE PLANNING & DEVELOPMENT STANDARDS
Section 7-301 Compatible Design
This parcel of land is encumbered by a Conservation Easement that
protects existing agricultural lands and promotes the continuation of
historic irrigation and agricultural practices while limiting the
development of new residences. All of the new building envelopes are
located outside of existing agricultural land. The Conservation Easement
is included in Section 8 of this application. This limited development/
conservation plan is compatible with the rural character of the surrounding
area.
Section 7-302 Building Design
The Covenants and Design Guidelines included in Section 8 of this
application address the building and site design for the John Nieslanik
Ranch. The Conservation Easement in Section 8 also addresses
requirements for improvements to and maintenance of existing
improvement to Parcel 6, the Remainder Parcel.
Section 7-303 Design and Scale of Development
Again, this parcel of land is encumbered by a Conservation Easement that
protects existing agricultural lands and promotes the continuation of
historic irrigation and agricultural practices while limiting the
development of new residences. All of the new building envelopes are
located outside of existing agricultural land. The Conservation Easement
is included in Section 8 of this application. This limited development/
conservation plan is in scale with the rural character of the surrounding
area.
Section 7-304 Off-street Parking and Loading Standards
The applicant agrees to provide the required number of off-street parking
spaces as described in this section.
Section 7-305 Landscaping and Lighting Standards
The applicant agrees to the Landscaping and Lighting Standards as
described in this section.
Section 7-306 Snow Storage Standards
The applicant agrees to the Snow Storage Standards as described in this
section.
Section 7-307 Roadway Standards
All roads and driveways have been designed according to the Roadway
Design Standards for Garfield County as shown on the Driveway Plan &
Profile on sheet 1 of 3 from Sopris Engineering.
Section 7-308 Trail and Walkway Standards
There are no recreational or community facilities associated with this
Rural Land Development Exemption project.
Section 7-309 Utility Standards
The Utility Plan provided by Sopris Engineering is included in Section 7,
Engineering Drawings in this application. Also included in this
application are “can and will serve” letters from Source Gas, Qwest, and
Holy Cross Energy.
DIVISION 4 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
Section 7-401 General Subdivision Standards
The General Subdivision Standards in this section have been utilized to
plan the John Nieslanik Ranch, and to write the Development Agreement,
the Conservation Easement, the Open Space Management Plan and the
Declaration of Covenants, Conditions, and Restrictions all contained in
this application
Section 7-402 Subdivision Lots
The specifications contained in Section 7-402 Subdivision Lots have been
utilized to layout the lots within the John Nieslanik Ranch Rural Land
Development Exemption. All lots have been located outside the
agriculture areas and comply with the requirements of the perpetual
Conservation Easement.
Section 7-403 Fire Protection
The applicant agrees to the Fire Protection Standards as described in this
section. Also included in Section 7 of the application is a letter from the
Carbondale & Rural Fire Protection District.
Section 7-405 Standards for Public Sites and Open Space
There is no infrastructure or open space dedicated to the public within the
John Nieslanik Ranch Rural Land Development Exemption. The
Applicant agrees to the minimum cash-in-lieu payment for required school
land dedication, which will be calculated prior to building permit
submittal for unimproved Lots 1-4. Associated traffic impact fees will be
calculated for unimproved Lots 1-4 prior to building permit submittal for
each lot.
DIVISION 6 EXEMPT SUBDIVISION DEVELOPMENT
STANDARDS
Section 7-601 Rural Land Development Exemption Standards
The Rural Land Development Exemption Standards have been utilized to
plan the John Nieslanik Ranch Rural Land Development Exemption
Option which contains five lots, plus the remainder ranch parcel, that are
clustered on 179 acres of land with a perpetual conservation easement on
93% of the property.
Section 7-602 Affordable Housing Standards/Rural Land Development Exemption
The John Nieslanik Ranch Rural Land Development Exemption Option is
exempt from affordable housing as it contains five lots, plus the remainder
ranch parcel, that are clustered on 179 acres of land with a perpetual
conservation easement on 93% of the land without an additional bonus lot.
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
IMPACT ANALYSIS
March 16, 2010
a. Adjacent Property
Refer to the list of adjacent property owners and Assessor's Map showing the
subject property and adjacent landowners included in this application.
b. Adjacent Land Use
Refer to the attached Assessor's Map showing the subject property and adjacent
landowners included in this application.
c. Site Features
The included Baseline Inventory and Present Condition Report prepared by
Rocky Mountain Ecological Services included in this application contains
physical descriptions of Topography, Environmental Hazards, Hydrology,
Vegetation, Noxious Weeds, Agricultural Values and Wildlife as well as a
Property Physical Description.
d. Soil Characteristics
Soils on the property are shallow to deep, well-drained soils of alluvial fans,
terraces, and canyon sides. Textures are variable and generally consist of loam in
the irrigated fields and very gravelly, cobbly, and stony sandy loam to loamy sand
in the hilly pinion and juniper woodlands. Along the intermittent drainage soils
are shallower and sparsely vegetated. The average annual precipitation for all of
the soils mapped on the Nieslanik property is 12 to 18 inches and varies with
aspect, slope, and elevation. Prior to development of any parcel, a site-specific
soils report will be necessary. Also refer to the Drainage Report prepared by
Sopris Engineering for more information regarding soil conditions.
e. Geology and Hazard
The Baseline Inventory and Present Condition Report prepared by Rocky
Mountain Ecological Services included in this application as well as the
Assessment of Mineral Resource Potential also included in the application contain
descriptions of the geologic characteristics of the area and list no potential hazards
that would be a factor in this proposal.
f. Effect on Existing Water Supply and Adequacy of Supply
The following text is taken from the Engineering Report for Nieslanik Rural Land
Exemption Plat dated January 18, 2010 and prepared by civil consultants Sopris
Engineering, LLC.
The six lots will be served domestic water using existing ground water wells. The
wells are designated Well #2 and Well #3. Both of these wells have been recently
drilled and tested and are noted to be adequate in both water quantity and quality
in a letter report dated November 24, 2009 from Resource Engineering Inc. to
Matt Nieslanik. This letter report also includes the well permits, well drawdown
analysis and water quality test results. (See Exhibits for the report.) Both wells
are located on the ranch and are permitted as “ordinary household use” wells on
35 acre or larger parcels. These wells are shown on the “Nieslanik Well
Descriptions” exhibit map provided in this report.
Well #2 has been awarded an Exempt Domestic Well Permit # 280848 and Well
#3 was awarded an Exempt Domestic Well Permit # 281789 by the Colorado
Division of Water Resources. Both wells have been tested for the required 24-
hour period and have had a water quality analysis performed as detailed in the
Resource Engineering letter report. The conclusions by Resource Engineering
state that the wells are “more than adequate to reliably supply the amount of
water allowed under an exempt domestic well permit” which is 15 gallons per
minute. Resource Engineering also states that the “water quality is typical of
groundwater in the area and, with common, readily available treatment, is
adequate for human and animal consumption.”
As development occurs on the proposed vacant lots, a pipeline system from the
wells will be constructed as part of the building permit application process.
Plans for that construction could also be made part of the permit approval
process.
g. Effect on Groundwater and Aquifer recharge areas
The following text is taken from the Engineering Report for Nieslanik Rural Land
Exemption Plat dated January 18, 2010 and prepared by civil consultants Sopris
Engineering, LLC.
A site drainage study has been prepared and is attached. The drainage plan is in
general conformance with Garfield County regulations. The drainage study
concluded that this development has minimal impact on the existing conditions
and as such, the plan proposes best management practices to address erosion
control and maintenance of historic drainage paths. The plan includes a roadside
ditch to convey the 25 and 100-year storm runoff from offsite areas through the
project area. All runoff is directed into its historic runoff areas to maintain the
ranch drainage patterns.
h. Environmental Effects
The Nieslanik property has been grazed by sheep and cattle as open range since
the 1880's and consists mostly of irrigated pasture meadows. The pinion/juniper
area on the hillside above the meadow is where the proposed home sites are
located. Much of the habitat value for wildlife in the proposed home site locations
is somewhat diminished by the presence of weeds and lack of suitable forage
under the pinion/juniper stands. The proposed home sites have been clustered
together creating only a small area of disturbance while preserving 167 acres
through a Conservation Easement. The effect on flora and fauna will not be
substantial, as the area does not have great understory significance. The effect on
wildlife habitat will also be minimal, as the majority of the property remains
undisturbed including the important large areas of irrigated pastures and the
presence of irrigation water.
No significant archaeological or historic resources will be impacted with the
proposed application. The development of 4 additional home sites will have a
minimal impact on environmental resources and efforts have been made to
contain any impact to the cluster area near the existing Ranch Headquarters.
The John Nieslanik Ranch Deed of Conservation Easement and Declaration of
Covenants, Conditions, and Restrictions also contain provisions to minimize the
environmental impact of the additional home sites. These documents have been
provided as a part of this application.
i. Traffic
The proposed application will create an additional 4 home sites on the John
Nieslanik Ranch. All home sites will be accessed from an existing road that
currently runs through the Ranch Headquarters. Four new home sites will create
approximately 40 vehicle trips per day based on 10 vehicle trips per day per
household. Because of the low rural density proposed for this project, the 4
additional residences will have minimal impact on the transit systems and traffic
flow pattern for the area.
j. Nuisance
Due to its low density, the proposed project would have minimal temporary or
long-term effects to local or regional air quality. Based on previous conversations
with Parsons Engineering of Denver, they have advised that emissions would be
too small to detect. Following construction, residential traffic volumes are going
to be too small to generate dust emissions of any temporary or long-term
consequence. There are no businesses, residents, or other receptors in the local
area that would be adversely affected by temporary dust emissions. The
residences would produce and estimated 40 vehicle trips per day. The following
mitigation measures will ensure minimal emissions of fugitive dust from
residential vehicle use.
1. Surface each driveway with washed, coarse gravel that is at least 2-inches
thick.
2. Keep vehicle speeds below 25 mph.
3. During construction activities, water unpaved road surfaces 2-4 daily
dependent on temperature and wind speed.
The proposed project would have no substantial temporary or long-term adverse
effect on noise, odors, or waste-generation. The proposed development is too
small to generate significant volumes of these materials. Specifically:
Noise - This concern relates primarily to commercial and/or industrial projects
and relies on the presence of sensitive noise receptors. There are no
noise receptors to be affected by construction. Noise emissions from
residences are generally not considered to be a problem or adverse
impact to the environment. Construction related noise effects are
generally considered to be temporary.
Odors - This concern relates primarily to emissions from commercial and /or
industrial projects. Odor emissions are not an effect typically associated
with residential development. There are no existing receptors in the
vicinity that could be affected. No plans exist to construct or operate a
commercial facility that would generate obnoxious odors or other similar
emissions.
k. Reclamation Plan
A weed management plan has been included with this application. The plan states
that after final grades are established and topsoil is spread, property owners must
reseed using a native plant species seed mix. An irrigation system should be used
following planting to encourage healthy plants.
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
FUGITIVE DUST CONTROL PLAN FOR LAND DEVELOPMENT
March 16, 2010
All land developers of The John Nieslanik Ranch are required to apply to the Colorado
Department of Public Health and Environment/Air Pollution Control Division for an Air
Pollutant Emission Notice (APEN) and Application for Construction Permit.
The John Nieslanik Ranch intends to follow a dust control plan to minimize emissions of
fugitive dust to a level that is technologically feasible and economically reasonable
within the ranch and on any access roads used for travel to and from proposed home sites
within the ranch.
1. During the land development process, fugitive dust control of unpaved roads at
The John Nieslanik Ranch will include watering at a frequency of 1 or 2 times per
day or as needed. The application of chemical stabilizer is not advised due to the
close proximity of the land development areas to active agricultural lands.
Vehicle speed control will be enforced with speeds limited to a maximum of 20
mph. Speed limit signs will be posted. The John Nieslanik Ranch roads will
ultimately be surfaced with clean gravel to minimize dust.
2. Fugitive dust control of disturbed surface areas on site will include watering as
needed. Revegetation of these areas must occur within one year of soil
disturbance. All areas to be revegetated shall be seeded with a native grass seed
and mulched. If furrowing is applicable for seeded areas, furrows shall be at a
right angle to the prevailing wind and the depth of furrow must be greater than 6”.
All disturbed foundation areas must be compacted to within 90% of maximum
compaction on a daily basis. Snow or silt fence may be used as wind breaks if
necessary. All disturbed steep areas shall be netted or mulched when reseeded,
3. Prevention of mud and dirt carried out onto paved surfaces will include gravel at
all entryways. The cleanup of paved areas will occur as needed with a street
sweeper or a hose with water.
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
WEED MANAGEMENT PLAN
March 16, 2010
Individual property owners of the John Nieslanik Ranch shall be responsible for the
following weed management strategies to prevent or stop the spread of noxious weeds.
1. Individual property owners are responsible for the timely revegetation and
reclamation of disturbed sites using appropriate native plant species. Disturbed
areas from construction such as roads, driveways, and new utility areas shall have
the existing topsoil stockpiled and then replaced on the disturbed areas to the
extent possible. Imported soils are more likely to be contaminated with other
weed seeds and therefore should be avoided. The following strategies shall be
utilized for the revegetation of disturbed areas at the John Nieslanik Ranch:
a. Study all vegetation in the area and surrounding areas.
b. Preserve plant species native to Colorado.
c. Test the soil for pH balance. Try to retain and utilize as much on-site
topsoil as possible.
d. Select a predominant species that is appropriate to the site. Then choose a
few complimentary species to provide a balanced plant community.
e. Choose plants that are healthy, vigorous and pest free.
f. Use weed-free seeds. Use non-hybrid seeds. Avoid commercial seed
packets containing exotic plant species.
g. Choose plants that are horticulturally appropriate, i.e. plant species that are
adaptable to climate, soil and topographical conditions of the designated
area.
h. Consider the use of water, its availability and the vegetative requirements.
i. To landscape for wildlife, choose native plants that provide cover, forage,
browse, seeds for birds and rodents, and shade.
j. Be site-specific; revegetation strategies may vary for small lots, farms,
ranches or construction sites.
k. Establish a vegetative cover that is diverse, effective and long lasting,
capable of self- regeneration.
l. Stabilize the surface.
2. After final grades are established and topsoil is spread, property owners must
reseed using a native plant species seed mix. A sprinkler system should be used
following planting to encourage healthy plants.
3. Individual property owners are responsible for identification and eradication of all
noxious weed infestations as well as continuous monitoring and evaluation to
prevent recurrence. The Garfield County Designated Noxious Weed List includes
the following:
a. Canada thistle (Cirsium arvense)
b. Chicory (Cichorium intybus)
c. Common burdock (Arctium minus)
d. Dalmatian toadflax (Linaria dalmatica)
e. Diffuse knapweed (Centaurea diffusa)
f. Hoary cress (Cardaria draba)
g. Houndstongue (Cynoglossum offinale)
h. Jointed goatgrass (Aegilops cylindrica)
i. Leafy spurge (Euphorbia esula)
j. Musk thistle (Carduus acanthoides)
k. Oxeye daisy (Chrysantheum leucanthemum)
l. Plumeless thistle (Carduus acanthoides)
m. Purple loosestrife (Lythrum salicaria)
n. Russian knapweed (Acroptilon repens)
o. Russian olive (Elaeagnus angustifolia)
p. Salt cedar (Tamarix ramosissima)
q. Salt cedar (Tamarix parviflora)
r. Scotch thistle (Onopordum acanthium)
s. Spotted knapweed (Centaurea maculosa)
t. Yellow starthistle (Centaurea solstitialis)
u. Yellow toadflax (Linaria vulgaris)
4. In the seasons following planting, noxious weed control shall take place twice
yearly in the disturbed and newly planted areas until well established plants are
healthy and cover the bare soil. Other weed management beyond the disturbed
areas should be done twice each year. This should include locating and either
cutting or selective spot spraying any noxious weeds.
7
Engineering Report
Engineering Report Exhibits:
Exemption Plat, sheets 1, 2, 3, 4 and 5
Resource Engineering Well Quantity and
Quality Report
Nieslanik Well Descriptions Location Maps
Permit for ISDS for Lot 5
Will Serve Letters
Fire District Letter
Drawings, sheets 1, 2 and 3
Drainage Study
Traffic Study/Basic Traffic Analysis
HP Geotech Radiation Hazard Assessment
Page 1 of 7
Engineering Report
for
Nieslanik Rural Land Exemption Plat
Carbondale, Colorado
Prepared for:
Mr. Mark Nieslanik
July 29, 2010
SE Job Number: 24084
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Table of Contents
! Introduction
! Adjoining Property Owners
! Vicinity Map
! Utility Plan
! Drainage Study
! Grading and Drainage Plan
! Road Plan and Profile
! Fire District Letter
! Exemption Plat
! Exhibits
Introduction
The Nieslanik Ranch is being divided into six lots through the Rural Lands Development
Exemption process in Garfield County. The current size of the Ranch is nearly 180 acres.
The majority of the Ranch is under a conservation easement to preserve the ranching lands.
These new lots will require access from the existing gravel driveway, utilities and other
infrastructure to permit building of residences on each of them.
Adjoining Property Owners & Vicinity Map
The Rural Land Development Exemption Plat of Nieslanik Ranch shows the adjoining
property owners of record of all parcels adjoining and within two hundred (200) feet of the
ranch, including mineral rights, and any tenants of structures proposed for conversion.
The vicinity map is also shown on this plat from a U.S.G.S. quadrangle at a scale of 1” =
2,000’ showing the relationship of the ranch to the surrounding area within 2 miles.
S OPRIS E NGINEERING • LLC !"#"$%!&'()$*+'*(%
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Utility Plan
Domestic Water Supply:
The six lots will be served domestic water using existing ground water wells. The wells are
designated Well #2 and Well #3. Both of these wells have been recently drilled and tested
and are noted to be adequate in both water quantity and quality in a letter report dated
November 24, 2009 from Resource Engineering Inc. to Matt Nieslanik. This letter report
also includes the well permits, well drawdown analysis and water quality test results. (See
Exhibits for the report.) Both wells are located on the ranch and are permitted as “ordinary
household use” wells on 35 acre or larger parcels. These wells are shown on the “Nieslanik
Well Descriptions” exhibit map provided in this report.
Well #2 has been awarded an Exempt Domestic Well Permit # 280848 and Well #3 was
awarded an Exempt Domestic Well Permit # 281789 by the Colorado Division of Water
Resources. Both wells have been tested for the required 24-hour period and have had a
water quality analysis performed as detailed in the Resource Engineering letter report. The
conclusions by Resource Engineering state that the wells are “more than adequate to
reliably supply the amount of water allowed under an exempt domestic well permit” which
is 15 gallons per minute. Resource Engineering also states that the “water quality is typical
of groundwater in the area and, with common, readily available treatment, is adequate for
human and animal consumption.”
As development occurs on the proposed vacant lots, a pipeline system from the wells will
be constructed as part of the building permit application process. Plans for that
construction could also be made part of the permit approval process.
Onsite Waste Water System:
Rural residential structures can typically be served by on-site wastewater systems (OWS).
Lot 5 and Lot 6 are currently served by conventional septic tank and leach field systems.
The proposed vacant lots will each be served by individual OWS to be designed at building
permit application. The existing residences will continue to be served by their existing
individual OWS. A copy of the individual sewage disposal permit for Lot 5 is included in
the Exhibits. A copy of the permit for Lot 6 was not available from Garfield County.
A preliminary utility site plan has been prepared for the subdivision that shows the location
of existing site features and the building envelopes for the vacant lots. An OWS is
proposed to be designed for each of these locations. Due to aesthetic and topographical
features, an additional easement has been provided adjacent to Lot 3 for an offsite OWS.
Each OWS should be designed by a professional engineer in accordance with local and
state Regulations. The OWS designs shall be based on a site specific geotechnical
evaluation and site assessment by the design engineer. The geotechnical and site
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Page 4 of 7
assessment for each lot will include subsurface investigation, percolation testing,
observation of site drainage and other features with respect to required set backs and design
guidelines. Final design documents will be required for submittal at building permit
application for each new residence.
The soils in the area are composed of the Tridell Brownsto soil group, derived from
sandstone and basalt materials. These soils generally consist of cobbly sandy loam to very
gravelly sandy loams. These soil types are assumed to have typical 10 to 30 minutes per
inch percolation rates. Based upon the general soil characteristics and the performance of
the existing septic systems, the additional lots should be adequately served by a
conventional OWS’ designed by a registered professional engineer.
Other Utilities: Attached are “Will Serve” letters from Source Gas, Holy Cross Electric
and Qwest for gas, electric and telephone service to each of these new lots. The utility
companies will be contacted at building permit application to determine the final design,
location or underground or overhead facilities and other construction details. Cable TV is
not available at this time.
Drainage Study
A site drainage study has been prepared and is attached. The drainage plan is in general
conformance with Garfield County regulations. The drainage study concluded that this
development has minimal impact on the existing conditions and as such, the plan proposes
best management practices to address erosion control and maintenance of historic drainage
paths. The plan includes a roadside ditch to convey the 25 and 100 year storm runoff from
offsite areas through the project area. All runoff is directed into its historic runoff areas to
maintain the ranch drainage patterns.
Grading and Drainage Plan
The grading and drainage plan shows the existing and proposed site conditions, and
indicate the surface grading, drainage improvements, storm water management facilities,
roadside ditches and culverts needed for drainage purposes.
The grading and drainage plan is designed to minimize surface disturbance and create as
little as possible potential for erosion or increases in runoff. There will only be grading
where the roadway is to be located. The proposed lots 1 through 4 are located near the high
points of the area and generally slope from each lot to the surrounding open space of the
Ranch. The lots are located in such a manner to promote positive drainage away from all
future buildings. Lot 5 will have no additional grading since established access will be
utilized.
These improvements have been recommended per the specifications of the County. The
drainage components consist of shallow detention/conveyance features to move runoff
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Page 5 of 7
away from the roadway and back onto the adjacent land using swales that run with the
contours. In areas where runoff is required to cross the roadway, culverts have been placed.
The Drainage Plan also includes best management practices.
Road Plan and Profile
The roadway system is shown on the attached plans. The design is per Garfield Country
Article VII, Standard 7-307 as a semi-primitive template design. A 40 foot ROW is
provided. The road consists of a gravel surface, 16 feet wide with minimum 2 foot
shoulders and drainage ditches on the uphill side. The drainage ditches are routed to
vegetated swales adjacent to the roadway and to culverts for discharge under the gravel
roadway at low points and other transitions as necessary. Culvert discharge is dissipated
with rip rap energy dissipation and then swales and contouring. The road grade begins
with a climb parallel to the valley floor at a grade of between 6.59% and 5.50% as it climbs
to the first switchback. The roadway follows an existing ranch road, and to minimize
disturbance to the hillside caused by extending the design length, the roadway climbs for
400 feet along the hillside at a grade of approximately 11.5%. As the roadway reaches near
the top of the site, the vertical alignment transitions into a crest vertical curve of 3.0% up
followed by an 8.0% down to its final sag curve. The roadway then rises at 6.5% to its end
point. At the end point of the road, a culvert is provided under the roadway to allow
passage of collected runoff.
A roadway pull off has been provided after consultation with the Carbondale Rural Fire and
Protective District to allow adequate sight distance and space for passage of emergency
vehicles. The District has reviewed and approved this plan. (Note: verbal approval granted,
awaiting formal letter approval.)
Fire District Letter
In a letter dated June 4, 2009 to the Director of Garfield County Building and Planning, the
Carbondale and Rural Fire Protection District approved the fire protection plan for this
project based upon a review of the water supply plan and roadway locations as described on
the attached plans. The Fire Protection District approved the access, recommended that fire
sprinklers be installed in any new residences, recommended that defensible spaces should
be implemented in areas which present a wildfire hazard, and lastly, stated that the
development will be required to enter into an agreement with the Fire District for payment
of development impact fees prior to the recording of the final plat.
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Exemption Plat
The exemption plat has been prepared and is attached. The exemption plat creates five lots
and the remainder parcel designated as Lot 6.
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Page 7 of 7
Exhibits
! Exemption Plat, sheets 1, 2, 3, 4 and 5
! Resource Engineering Well Quantity and Quality Report
! Nieslanik Well Descriptions Location Maps
! Permit for ISDS for Lot 5
! Will Serve Letters
o Holy Cross
o Qwest
o Source Gas
! Fire District Letter
! Drawings, sheets 1, 2 and 3
! Drainage Study
Nieslanik Rural Land Engineering Report
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PAGE 1 OF 6
Drainage Report
for
Nieslanik Rural Land Exemption Plat
Carbondale, Colorado
Prepared for:
Mr. Mark Nieslanik
May 21, 2009
SE Job Number: 24084
S OPRIS E NGINEERING • LLC !"#"$%!&'()$*+'*(%
,-.%/+"'%0*12 2*%!%0)"*2%34%5%6+17&'8+$29%6:%%;<=.4%5%>?@-A%@-BC-4<<%5%D+E%>?@-A%@-BC-4 <4%
PAGE 2 OF 6
Drainage Report
for
Nieslanik Rural Land Exemption Plat
Carbondale, Colorado
Table of Contents
! Introduction
! Site Conditions, Soil Mapping and Hydrology
! Runoff Analysis
! Drainage, Storm Water Management and Erosion Control Plan
! Grading and Drainage Plan
! Road Plan and Profile
! Conclusion
! Exhibits
Introduction
The Nieslanik Ranch is being platted with a Rural Lands Development Exemption Plat to
create four new residential lots on a parcel of land that contains almost 180 acres. The
existing ranch including its residential and ranch structures will be retained as four new lots
are created on an overlooking hillside area of the ranch. The lots are proposed to be located
in an area that will afford secluded but accessible areas of the ranch that have existed for
many years in essentially their native state.
The vicinity map is also shown on this plat from a U.S.G.S. quadrangle at a scale of 1” =
2,000’ showing the relationship of the ranch to the surrounding area.
Site Conditions, Soil Mapping and Hydrology
The drainage plan area of concern consists of the access driveway construction for the four
new lots. The area is located on the eastern side of the ranch. Home sites were carefully
designed to take advantage of the topographic features. The home sites are generally located
near the top of the hillside areas at nearly the high points of all drainage paths. A gravel
roadway will be constructed to the lots that will be a continuation of the existing ranch
roadway.
The soil types are designated by the USDA as (1) 106 Tridell-Brownsto story sandy loams, 12
to 50 percent slopes and extremely stony and (2) 35-Empedrado loam, 6 to 12 percent slopes.
S OPRIS E NGINEERING • LLC !"#"$%!&'()$*+'*(%
,-.%/+"'%0*12 2*%!%0)"*2%34%5%6+17&'8+$29%6:%%;<=.4%5%>?@-A%@-BC-4<<%5%D+E%>?@-A%@-BC-4 <4%
PAGE 3 OF 6
The majority of the lots are in the Tridell-Brownsto soil area with a small portion of lot 1 and
the lower portion of the proposed roadway are in the Empedrado loam soil area. A
description of each soil type is attached as an exhibit.
The project area includes off-site areas that contribute to the storm runoff that will pass
through the site. However, most of the project is proposed in areas that are at the high point
in the each drainage basin and these areas will contribute essentially no additional storm
runoff in the developed conditions. Therefore, the drainage plan is designed to minimize
erosion potential, increase retention and absorption with small roadside dispersion swales and
to generally convey the runoff into the historic drainage path across the existing ranch
pastures.
The drainage basins are shown on the attached drainage plan. Basin A is the largest basin and
it includes offsite runoff. All other basins originate within the project area.
Rainfall for the area is presented with the attached IDF Curve used in previous studies in the
area. The 25 and 100 year events have been evaluated for the largest basin, Basin A.
Runoff Analysis
Basin A encompasses an area of 63 acres, most of which is offsite. The basin is over 2800
feet in length and has a vertical elevation difference of 240 feet, equating to an average slope
of 8.5%. Using the Rational method, with a time of concentration of 26 minutes, and an
average coefficient of imperviousness of 0.25, the runoff values for the 25 year and 100 year
storm event are 38 and 47 cfs respectively. Calculations are presented in the exhibits.
Basin B and Basin C are impacted by road construction and lot development in a very minor
manner. The upper reach of each of these basins is the location of the proposed development.
The roadside swales and roadside dispersion swales will effectively allow these areas to
maintain the historic runoff pattern at predevelopment conditions.
Drainage, Storm Water Management and Erosion Control Plan
Project construction will consist of gravel roadway and site utilities improvements. This
construction is proposed to include a storm water management plan and erosion control
plan as shown on the attached site plan. The plan includes road side ditches to contain the
storm runoff. The uphill side of the roadway will have a 2-foot shoulder and then a 4 to 1
slope to create a drainage path. The uphill side of that ditch will be sloped at 2 to 1 to tie
into the hillside. The ditch is designed to discharge into vegetated swales on the adjacent
hillside areas, to return the runoff to historic drainage patterns. Hay bale check dams will
be placed in the drainage path approximately every 100 feet and will remain there until the
ditch is stabilized and construction of the roadway and utilities are completed. The
proposed gravel roadway as it crosses through Basin A will have a roadside ditch to
S OPRIS E NGINEERING • LLC !"#"$%!&'()$*+'*(%
,-.%/+"'%0*12 2*%!%0)"*2%34%5%6+17&'8+$29%6:%%;<=.4%5%>?@-A%@-BC-4<<%5%D+E%>?@-A%@-BC-4 <4%
PAGE 4 OF 6
intercept and convey the hillside portion of the Basin A runoff. Overall, runoff in Basin A
tends to become sheet flow as it nears the downstream side of the basin. As a safety factor,
the roadside swale will be sized to convey the 25 year developed peak flow even as the
runoff becomes sheet flow at that point.
Plans for building permits for specific lot improvements should include plans to route
drainage onsite into similar swales and vegetated basins to contain runoff for absorption.
Grading and Drainage Plan
The grading and drainage plan is designed to minimize surface disturbance and create as
little as possible potential for erosion or increases in runoff. There will only be grading
where the roadway is to be located. The proposed lots 1 through 4 are located near the high
points of the area and generally slope from each lot to the surrounding open space of the
Ranch. The lots are located in such a manner to promote positive drainage away from all
future buildings. Lot 5 will have no additional grading as it is part of the current Ranch.
The grading shows the existing and proposed site conditions, and indicates the surface
grading, roadway improvements, drainage improvements, storm water management
facilities and associated infrastructure.
Road Plan and Profile
The roadway system is shown on the attached plans. The design is per Garfield Country
standards Table 9:35 as a semi-primitive template design. A 40 foot ROW is provided.
The road consists of a gravel surface, 16 feet wide with minimum 2 foot shoulders and
drainage ditches on the uphill side. The drainage ditches are routed to vegetated swales
adjacent to the roadway and to culverts for discharge under the gravel roadway at low
points and other transitions as necessary. Culvert discharge is dissipated with rip rap
energy dissipation and then swales and contouring. The road grade begins with a climb
parallel to the valley floor at a grade of between 6.59% and 5.50% as it climbs to the first
switchback. To minimize disturbance to the hillside, the roadway climbs for 400 feet along
the hillside at a grade of approximately 11.5%. As the roadway reaches near the top of the
site, the vertical alignment transitions into a crest vertical curve of 3.0% up followed by an
8.0% down to its final sag curve. The roadway then rises at 6.5% to its end point. At the
end point of the road, a culvert is provided under the roadway to allow passage of collected
runoff.
A roadway pull off has been provided after consultation with the Carbondale Rural Fire and
Protective District to allow adequate sight distance and space for passage of emergency
vehicles. The District has reviewed and approved this plan.
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,-.%/+"'%0*12 2*%!%0)"*2%34%5%6+17&'8+$29%6:%%;<=.4%5%>?@-A%@-BC-4<<%5%D+E%>?@-A%@-BC-4 <4%
PAGE 5 OF 6
Conclusions
The drainage plan for the Nieslanik Ranch Rural Land Exemption Plat development will
provide for the historic drainage and the post development improvements in a manner to be in
compliance with Garfield County regulations. The plan also minimizes any increase in post
development drainage through the use of vegetated swales and dispersion basins and basically
keeps the area’s drainage patterns to the historic conditions of runoff. There is no measurable
increase in storm runoff from this proposed development due to the minimal amount of
development in relation to its large rural and native area.
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PAGE 6 OF 6
Exhibits
! Exemption Plat
! Soil Types
! IDF Curves
! Calculations
! Drawings, including Drainage Basin Map, sheets 1, 2 and 3
Nieslanik Rural Land Drainage Report
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,-.%/+"'%0*12 2*%!%0)"*2%34%5%6+17&'8+$29%6:%%;<=.4%5%>?@-A%@-BC-4<<%5%D+E%>?@-A%@-BC-4 <4%
Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
35—Empedrado loam, 6 to 12 percent slopes
Map Unit Setting
Elevation:6,500 to 9,000 feet
Mean annual precipitation:15 to 18 inches
Mean annual air temperature:40 to 44 degrees F
Frost-free period:75 to 95 days
Map Unit Composition
Empedrado and similar soils:80 percent
Description of Empedrado
Setting
Landform:Fans, hills
Landform position (two-dimensional):Backslope
Landform position (three-dimensional):Side slope
Down-slope shape:Linear
Across-slope shape:Linear
Parent material:Alluvium and/or eolian deposits
Properties and qualities
Slope:6 to 12 percent
Depth to restrictive feature:More than 80 inches
Drainage class:Well drained
Capacity of the most limiting layer to transmit water
(Ksat):Moderately high (0.20 to 0.60 in/hr)
Depth to water table:More than 80 inches
Frequency of flooding:None
Frequency of ponding:None
Calcium carbonate, maximum content:10 percent
Available water capacity:High (about 11.3 inches)
Interpretive groups
Land capability classification (irrigated):4e
Land capability (nonirrigated):4e
Ecological site:Deep Loam (R048AY292CO)
Other vegetative classification:DEEP LOAM (null_11)
Typical profile
0 to 5 inches:Loam
5 to 14 inches:Clay loam
14 to 40 inches:Clay loam
Map Unit Description: Empedrado loam, 6 to 12 percent slopes–Aspen-Gypsum
Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 1 of 2
40 to 60 inches:Clay loam
Data Source Information
Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and
Pitkin Counties
Survey Area Data: Version 5, Jun 9, 2008
Map Unit Description: Empedrado loam, 6 to 12 percent slopes–Aspen-Gypsum
Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 2 of 2
Map Unit Description
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions in this
report, along with the maps, can be used to determine the composition and
properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
pure taxonomic classes but rather to separate the landscape into landforms or
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Map Unit Description: Empedrado loam, 6 to 12 percent slopes–Aspen-Gypsum
Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 1 of 3
Soils that have profiles that are almost alike make up a soil series. All the soils of
a series have major horizons that are similar in composition, thickness, and
arrangement. Soils of a given series can differ in texture of the surface layer, slope,
stoniness, salinity, degree of erosion, and other characteristics that affect their use.
On the basis of such differences, a soil series is divided into soil phases. Most of
the areas shown on the detailed soil maps are phases of soil series. The name of
a soil phase commonly indicates a feature that affects use or management. For
example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Additional information about the map units described in this report is available in
other soil reports, which give properties of the soils and the limitations, capabilities,
and potentials for many uses. Also, the narratives that accompany the soil reports
define some of the properties included in the map unit descriptions.
Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
35—Empedrado loam, 6 to 12 percent slopes
Map Unit Setting
Elevation:6,500 to 9,000 feet
Mean annual precipitation:15 to 18 inches
Mean annual air temperature:40 to 44 degrees F
Frost-free period:75 to 95 days
Map Unit Composition
Empedrado and similar soils:80 percent
Map Unit Description: Empedrado loam, 6 to 12 percent slopes–Aspen-Gypsum
Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 2 of 3
Description of Empedrado
Setting
Landform:Fans, hills
Landform position (two-dimensional):Backslope
Landform position (three-dimensional):Side slope
Down-slope shape:Linear
Across-slope shape:Linear
Parent material:Alluvium and/or eolian deposits
Properties and qualities
Slope:6 to 12 percent
Depth to restrictive feature:More than 80 inches
Drainage class:Well drained
Capacity of the most limiting layer to transmit water
(Ksat):Moderately high (0.20 to 0.60 in/hr)
Depth to water table:More than 80 inches
Frequency of flooding:None
Frequency of ponding:None
Calcium carbonate, maximum content:10 percent
Available water capacity:High (about 11.3 inches)
Interpretive groups
Land capability classification (irrigated):4e
Land capability (nonirrigated):4e
Ecological site:Deep Loam (R048AY292CO)
Other vegetative classification:DEEP LOAM (null_11)
Typical profile
0 to 5 inches:Loam
5 to 14 inches:Clay loam
14 to 40 inches:Clay loam
40 to 60 inches:Clay loam
Data Source Information
Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and
Pitkin Counties
Survey Area Data: Version 5, Jun 9, 2008
Map Unit Description: Empedrado loam, 6 to 12 percent slopes–Aspen-Gypsum
Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 3 of 3
Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
106—Tridell-Brownsto stony sandy loams, 12 to 50 percent
slopes, extremely stony
Map Unit Setting
Elevation:6,400 to 7,700 feet
Mean annual precipitation:12 to 14 inches
Mean annual air temperature:42 to 44 degrees F
Frost-free period:85 to 105 days
Map Unit Composition
Tridell and similar soils:45 percent
Brownsto and similar soils:35 percent
Description of Tridell
Setting
Landform:Mountains, terraces
Landform position (three-dimensional):Lower third of mountainflank,
tread
Down-slope shape:Linear
Across-slope shape:Linear
Parent material:Alluvium derived from sandstone and/or colluvium
derived from sandstone and/or alluvium derived from basalt and/
or colluvium derived from basalt
Properties and qualities
Slope:12 to 50 percent
Depth to restrictive feature:More than 80 inches
Drainage class:Well drained
Capacity of the most limiting layer to transmit water
(Ksat):Moderately high to high (0.60 to 6.00 in/hr)
Depth to water table:More than 80 inches
Frequency of flooding:None
Frequency of ponding:None
Calcium carbonate, maximum content:25 percent
Maximum salinity:Nonsaline (0.0 to 2.0 mmhos/cm)
Available water capacity:Low (about 4.0 inches)
Interpretive groups
Land capability (nonirrigated):7s
Other vegetative classification:Pinyon-Juniper (null_10)
Typical profile
0 to 2 inches:Stony sandy loam
2 to 14 inches:Very cobbly fine sandy loam
14 to 25 inches:Cobbly sandy loam
25 to 37 inches:Very stony fine sandy loam
37 to 60 inches:Very stony loamy sand
Map Unit Description: Tridell-Brownsto stony sandy loams, 12 to 50 percent
slopes, extremely stony–Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 1 of 2
Description of Brownsto
Setting
Landform:Terraces
Landform position (three-dimensional):Tread
Down-slope shape:Linear
Across-slope shape:Linear
Parent material:Alluvium derived from basalt and/or coarse textured
alluvium derived from calcareous sandstone
Properties and qualities
Slope:12 to 50 percent
Depth to restrictive feature:More than 80 inches
Drainage class:Well drained
Capacity of the most limiting layer to transmit water
(Ksat):Moderately high to high (0.60 to 6.00 in/hr)
Depth to water table:More than 80 inches
Frequency of flooding:None
Frequency of ponding:None
Calcium carbonate, maximum content:30 percent
Maximum salinity:Nonsaline (0.0 to 2.0 mmhos/cm)
Available water capacity:Low (about 4.2 inches)
Interpretive groups
Land capability (nonirrigated):7e
Ecological site:Stony Foothills (R048AY287CO)
Other vegetative classification:Stony Foothills (null_81)
Typical profile
0 to 11 inches:Stony sandy loam
11 to 30 inches:Very gravelly sandy loam
30 to 42 inches:Very gravelly loamy sand
42 to 60 inches:Gravelly sandy loam
Data Source Information
Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and
Pitkin Counties
Survey Area Data: Version 5, Jun 9, 2008
Map Unit Description: Tridell-Brownsto stony sandy loams, 12 to 50 percent
slopes, extremely stony–Aspen-Gypsum Area, Colorado, Parts of Eagle,
Garfield, and Pitkin Counties
Nieslanik Area Soil Map
Natural Resources
Conservation Service
Web Soil Survey 2.2
National Cooperative Soil Survey
5/5/2009
Page 2 of 2
PAGE 2
Traffic Study
Basic Traffic Analysis Report
For
Nieslanik Rural Land Exemption Plat
Carbondale, Colorado
Table of Contents
! Introduction
! Current Land Uses
! Proposed Land Uses
! Construction Phase Additional Information
! Average Daily Traffic Counts
! Conclusion
! Exhibits
Introduction
A Basic Traffic Analysis is presented with this report for The Nieslanik Ranch. The intent
of this report is to satisfy the basic traffic requirements in section 4-502 (J) (3) of the
Garfield County Land Use Code. The ranch is being platted with a Rural Lands
Development Exemption Plat to create a total of six lots. Two of those lots contain existing
dwellings. The parcels for these two existing locations will be defined as separate lots in
the plat process along with four new residential lots on a parcel of land that contains almost
180 acres. The existing ranch, including its residential and ranch structures will be retained
as the four new single family lots are created on the hillside overlooking the balance of the
ranch. This traffic study report will show that there will be minimal transportation impacts.
The report will also support the “Semi-primitive” template design for the proposed access
roadway for the four new lots per the current Garfield County rules and regulations.
Access to the ranch parcel is from County Road 101. This road is a dead end county road
that terminates just north of the ranch parcel at a town of Carbondale cemetery. County
Road 101is also known as White Hill Road. Access to the ranch is provided at two
locations along the northern border of the ranch. Access point #1 is on the western side of
the ranch parcel and the access point #2 is east of that point along the County Road 101.
The Traffic Exhibit Map and the 1 Mile Exhibit Map & Activity Area Map is attached to
show the relationship of the ranch parcel to existing local, county and state roads adjacent
to the site.
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PAGE 3
Current Land Uses
The current land use for the parcel is cattle ranching and hay production supported by
members of the Nieslanik family that live on the ranch. The site has two home sites that
include an existing single family house on the west side of the parcel (proposed Lot 5) and the
existing ranch headquarters area (the remainder parcel on Lot 6) that houses two families.
The families on site provide the labor and staff for the ranch operations and trips off site are
limited. During the summer and surrounding months, ranch operations are irrigated mixed
hay production without livestock. The winter and colder weather season has cattle and calving
operations. Cattle are moved to and from the site on foot using various paths to seasonal
grazing areas. Supplies such as fertilizer, equipment parts, and other ranch items are needed
on a very limited scale and usually supplied by small vehicles such as pick up trucks.
Traffic trip generation rates were obtained from the 7th Edition of the Institute of Traffic
Engineers (ITE) Trip Generation Manual using single family housing rates. Ranching
operations are not described in the ITE Manual and therefore the method of generating trips
per day (tpd) is per use of the single family housing approach. Trip generation for the existing
single family house at access point #1 is estimated at 9.57 tpd. At access point #2 from the
ranch headquarters, using the two family headquarters as residential units, trips are
conservatively estimated at 19.2 trips per day.
County driveway permits for the ranch have not been found in the records of Garfield County.
However, the two existing access points #1 and #2 are proposed to remain as the only access
points for the proposed development as shown on the Exemption Plat.
There are no permit requirements for access to either a state highway or railroad crossing
necessary for the existing operations or future proposed development.
There is one access easement for overhead power utility lines that is coincident with the
current easterly access point #2 to the ranch.
Proposed Land Uses
The proposed land use for the parcel will consist of adding four single family lots to the
current use. The lots are proposed on the easterly side of the range above the irrigated land
areas in the non irrigated hilly portion of the ranch. The lots are single family use. Future
trips generated are estimated at 9.57 per day per lot for a total of 38 tpd.
During the construction phase, there will be a limited amount of construction traffic using CR
101 to access the project at access point #2 and none at access point #1 as no further
construction is required at that home site as the house exists. During the infrastructure phase
of the project, light trucks will deliver materials. Heavy truck traffic will consist of trucks to
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PAGE 4
deliver gravel and equipment for construction of the roadway and pipe bedding materials. The
size of the trucks would be dependent upon the construction methods and may consist of dual
axle tandem trucks or larger bottom dump tractor trailer type vehicles. Following
construction of the infrastructure, heavy trucks will consist of an estimated four to six
concrete trucks for each single family house, with lighter trucks delivering other home
building supplies.
Construction Phase Additional Information
During the construction phase of both the infrastructure to support the development and the
individual home construction, access will be using the existing Access Point #2. Staging and
storage areas will be on site and within the Ranch Headquarters area. Construction of the
single family houses will have all construction and staging generally performed within each
lot.
There is no planned request for temporary access points from CR 101 for this project as work
is contemplated to be constructed from the existing internal access road.
There will be no lane closures or traffic interruption of County Roads for this project as all
work will take place within the ranch parcel.
Average Daily Traffic Counts
The proposed development of the ranch parcel will impact CR 101 with a small increase in
average daily traffic. The existing ADT obtained from the 2002 Garfield County Traffic
Count study shows 366 ADT. Using a growth factor of 1% per year, that count can be
estimated at 396 for year 2010. The estimated increase in average daily truck traffic for
construction activity is very limited and will occur at intervals during the construction of the
infrastructure. As such, estimates for the ADT of truck traffic are very low, and depending
upon the speed of construction for an ADT. Average daily traffic for the additional four lot
single family development is 9.57 per unit or 38 ADT, an increase of only 10% above the
estimated 2010 traffic on CR 101.
Conclusions
The estimated volumes of traffic, either for construction or for the completed subdivision are
shown to be very minor compared to overall CR 101 traffic. There are no roadway
disruptions or lane closures associated with the project on any of the county roads. The
existing county road and the existing ranch access can be used to continue onto a new
roadway constructed to the “semi-primitive” Garfield County standards based upon the design
capacity of 21 to 100 ADT.
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PAGE 5
!
Exhibits
! Traffic Exhibit Map of Nieslanik Rural Exemption Plat
! 1 Mile Exhibit Map and Activity Area Map
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8
AVLT and POST Review Letter,
Development Agreement,
Conservation Easement,
Open Space Management Plan &
Declaration of Covenants, Conditions, and Restrictions
1
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
DEVELOPMENT AGREEMENT
THIS RURAL LAND DEVELOPMENT EXEMPTION DEVELOPMENT
AGREEMENT, (“Agreement”) is made and entered into this _____ day of
____________________, 2010 by and between NIESLANIK INVESTMENTS, LLC,
and CECELIA L. NIESLANIK BYPASS TRUST, having an address of 0979 County
Road 101, Carbondale, CO 81623 and the BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of
Colorado, as a body politic and corporate, directly or through its authorized
representatives and agents (“BOCC”).
WHEREAS:
A. Nieslanik Investments, LLC and Cecelia L. Nieslanik Bypass Trust are the
developers of property and a development to be commonly known as the John Nieslanik
Ranch Rural Land Development Exemption (the “Development”);
B. The Development is depicted on a plat entitled John Nieslanik Ranch
Rural Land Development Exemption Plat (“Exemption Plat”);
C. The plan for the Development, as depicted on the Exemption Plat,
includes, among other things, (a) five (5) single-family residential lots identified as Lots
1-5 on the Exemption Plat and (b) an agricultural parcel, Identified on the Exemption Plat
as the “Remainder Ranch Parcel” or as “Lot 6” (hereinafter referred to as the “Remainder
Ranch Parcel”). The Remainder Ranch Parcel shall be burdened with certain
development restrictions that include a conservation easement in perpetuity recorded on
12/22/05 under Reception No. 688879 of the Garfield County real property records;
D. Nieslanik Investments, LLC and the Cecelia L. Nieslanik Bypass Trust are
the current owners of Lots 1-6 (“Owners”);
E. The Owners seek approval by the BOCC of the Development plan and
Exemption Plat pursuant to the Land Use Regulations of Garfield County, Section 5-
404(A)(4), Rural Land Development Exemption Option;
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
1. DEVELOPMENT PLAN. The Development shall consist of five single-
family residential lots, identified as Lots 1-5 on the Exemption Plat (collectively, “Lots”),
2
the Remainder Ranch Parcel a.k.a. Lot 6, and those other development improvements set
forth herein.
2. REMAINDER RANCH PARCEL. In conformance with the Land Use
Regulations of Garfield County, Section 5-404(A)(4), Rural Land Development
Exemption Option, the Remainder Ranch Parcel shall be occupied and used in
accordance with the conservation easement referenced on Exhibit A (“Conservation
Easement”).
The BOCC agrees that if the Conservation Easement is executed in accordance
with this Agreement, then the Owners shall be deemed to have satisfied all terms and
conditions of this Agreement.
3. IMPROVEMENTS. The Owners agree to cause to be constructed and
installed all development improvements (“Improvements”). No such Improvements shall
be constructed until such time as they are identified on the plans marked “Approved for
Construction”, prepared by Sopris Engineering and submitted to the Garfield County
Engineer for approval prior to commencing any work on the Improvements. No Lot shall
be sold until the Improvements are constructed and installed. The Improvements shall be
constructed and installed at the Owners’ expense, including payment of fees required by
the County and/or other governmental and quasi-governmental entities with jurisdiction.
An estimate for the cost of construction of the Improvements prepared by Sopris
Engineering has been attached to and incorporated herein as Exhibit D.
The Owners shall comply with all laws, regulations, orders, resolutions and
requirements of the State of Colorado, Garfield County, all special districts and any other
governmental or quasi-governmental authority with jurisdiction and this Agreement in
the construction and installation of the Improvements.
The BOCC agrees that if all Improvements are installed in accordance with this
Agreement, then the Owners shall be deemed to have satisfied all terms and conditions of
this Agreement with respect to the installation of Improvements.
4. PAYMENT AND SECURITY FOR IMPROVEMENTS.
a. Plat Restriction. As security for the Developments obligation to complete
the Improvements, the Owners have included as a plat note on the first page of the
Exemption Plat the following plat restriction (“Plat Restriction”) to guarantee completion
of the Improvements:
RESTRICTION ON TRANSFER: Lots 1 through 4 depicted on this
Rural Land Development Exemption Plat, or any fractional interest
therein, may not be sold, conveyed or otherwise transferred prior to the
recording of a “Release of Plat Restriction” in accordance with that certain
Development Agreement for Rural Land Development Exemption dated
3
__________, 2010, entered into between the Board of County
Commissioners of Garfield County, Colorado, Nieslanik Investments,
LLC and the Cecelia L. Nieslanik Bypass Trust, and recorded on
_____________, 2010 as Reception No. ___________.
The forgoing restriction on transfer does not apply to Lot 5 or to Lot 6, also
known as the Remainder Ranch Parcel, which may be sold, conveyed or transferred at
any time, regardless of the status of commencement or completion of infrastructure
improvements serving any of Lots 1 through 4.
b. Final Release of Plat Restriction. Upon completion of all Improvements,
the Owners shall submit to the BOCC, through the Building and Planning Department:
1) record drawings bearing the stamp of Development’s engineer certifying that all
Improvements have been constructed in accordance with the requirements of this
Agreement, in hard copy and a digital format acceptable to the BOCC; 2) copies of
instruments conveying real property and other interests which the Owners are obligated
by this Agreement or statute to convey to either of the two homeowners’ associations for
the Development or any statutory special district or other entity; and 3) a Written Request
for Final Release, in the form attached to and incorporated herein as Exhibit B along
with Development’s engineer’s Certificate of Final Completion of Improvements. The
BOCC may review the certification and may inspect and review the Improvements
certified as complete to determine whether or not said Improvements have been
constructed in compliance with relevant specifications, as follows:
i. If no letter of potential deficiency is furnished to the Owners by the BOCC
within ten (10) days of submission of the Owners Request for Final
Release, all Improvements certified as complete shall be deemed complete
by the BOCC. The Owners may record a Release of Plat Restriction in the
form attached hereto and incorporated herein as Exhibit C, to release all
real property depicted on the Exemption Plat from the Plat Restriction.
Upon recording, the Plat Restriction shall have no force and effect with
respect to and shall no longer restrict the sale, transfer or conveyance of
any real property depicted on the Exemption Plat.
ii. If the BOCC does so review and inspect, the process contained in
Paragraph 4(c) above shall be followed.
c. Substitution of Security to Satisfy Plat Restriction. The BOCC, at its sole
discretion, may permit the Owners to substitute another security instrument, such as a
cash deposit under a treasurer’s deposit agreement or a letter of credit, as collateral in the
place of the Plat Restriction for the purpose of securing the completion of the
Improvements.
5. WATER SUPPLY. The Owners shall install and connect a water
distribution system for potable water in accordance with this Agreement and the
4
Improvements Plans. All easements and rights-of-way necessary for installation,
operation, service and maintenance of such water supply and distribution system shall be
as shown on the Exemption Plat. Conveyance of the systems, including real and personal
property interests, from the Owners to the appropriate homeowners’ association of the
Development shall be in accordance with Paragraph 8, below.
6. PRIVATE ROADS AND ACCESS FOR EMERGENCY SERVICE
PROVIDERS. The grantee homeowners’ association shall be solely responsible for the
maintenance, repair and upkeep of said private access easements, including the traveled
surface of the roadways and areas outside of the traveled surface. The BOCC shall not be
obligated to maintain private road rights-of-way within the Development. Existence of
private roads shall be noted on the Exemption Plat, and deeds of conveyance to the
appropriate homeowners’ association shall made in accordance with Paragraph 8, below.
7. UTILITY EASEMENTS. Whether or not utility easements exist
elsewhere in the Development, all private road easements within the Development, shall
contain rights-of-way for installation and maintenance of utilities. Utility easements shall
be dedicated by the Owner and accepted by the appropriate homeowners’ association of
the Development, on behalf of the association’s members, on the face of the Exemption
Plat and shall be identified in deeds conveying private roads to the appropriate
homeowners’ association. The grantee homeowners’ association of the Development
shall be solely responsible for the maintenance, repair and upkeep of said utility
easements, unless otherwise agreed to with the utility companies. The BOCC shall not be
obligated for the maintenance, repair and upkeep of any utility easements within the
Development. In the event a utility company, whether publicly or privately owned,
requires separate conveyance by deed or otherwise, the Owners shall also convey utility
easements by separate document.
8. CONVEYANCE OF WATER SUPPLY SYSTEM. The water supply
system shall be conveyed to the homeowners’ association by deed of sale and recorded
on the Exemption Plat. It is the express, stated intention of the parties that the water
distribution system facilities for Lots 1 through 6 shall be conveyed to the Homeowners
Association following construction, inspection and acceptance by the Homeowners
Association. For purposes of this paragraph, water distribution system facilities includes
all wells, water lines, storage tanks, pumps, valves and appurtenant equipment associated
with delivering domestic water supplies to the residences located on such lots from Well
No. 2 awarded Exempt Domestic Well Permit #280848 and Well No. 3 awarded Exempt
Domestic Well Permit #281789 by the Colorado Division of Water Resources.
If not conveyed at the time of execution of this Agreement and recording of the
Exemption Plat, prior to the sale and transfer of any Lot in the Development, except for
Lot 5 and Lot 6, the Owners shall execute and deliver into escrow documents conveying
the water supply system and easements for the private roads and utilities shown on the
Exemption Plat to the homeowners’ association (collectively, the “Easement Deeds”),
The Easement Deeds shall be deposited into escrow, pursuant to an escrow agreement to
5
be executed by the Owners, the BOCC and escrow agent (“Escrow Agreement”) within a
reasonable time following mutual execution of this Agreement. The Owners shall deliver
to the BOCC a copy of the fully executed Escrow Agreement, within a reasonable time
following mutual execution of this Agreement, but need not record such instrument. The
Escrow Agreement shall provide:
1) the Escrow Agent shall hold the Easement Deeds until
receipt of a written notice signed only by the Owners
notifying escrow agent that the work required of the
Owners in this Agreement has been completed and
approved as complete by the BOCC; and
2) upon the occurrence of the foregoing event, the escrow
agent shall cause the appropriate Easement Deeds to be
recorded in the records of the Garfield County Clerk and
Recorder.
9. AS BUILT/RECORD DRAWINGS. Upon completion of private road
and water supply infrastructure, the Owners shall provide as built/record drawings to
Garfield County in hardcopy and digital format prepared by a licensed surveyor.
10. INDEMNITY. The Owners shall indemnify and hold the BOCC harmless
and defend the BOCC from all claims which may arise as a result of the Development’s
installation of the Improvements and any other agreement or obligation of the Owners
related to the Development required pursuant to this Agreement. The Owners, however,
do not indemnify the BOCC for claims made asserting that the standards imposed by the
BOCC are improper or the cause of the injury asserted, or from claims which may arise
from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be
required to notify the Owners of the BOCC’s receipt of a notice of claim or a notice of
intent to sue, and the BOCC shall afford the Owners the option of defending any such
claim or action. Failure to notify and provide such written option to the Owners shall
extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be
construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by
Colorado statutes and case law.
11. SALE OF LOTS. No Lot may be separately conveyed prior to recording
of the Exemption Plat in the records of the Garfield County Clerk and Recorder.
12. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute and the provisions for release of security, detailed in paragraph 4 above,
it is mutually agreed by the BOCC and the Owners without making an election of
remedies, or any purchaser of any lot within the Development shall have the authority to
bring an action in the Garfield County District Court to compel enforcement of this
Agreement. Nothing in this Agreement, however, shall be interpreted to require the
BOCC to bring an action for enforcement or to withhold permits or certificates or enforce
6
the Plat Restriction. Nor shall this paragraph or any other provision of this Agreement be
interpreted to permit the purchaser of a lot to file an action against the BOCC.
13. VACATING THE EXEMPTION PLAT. In the event the Owners fail
to comply with the terms of this Agreement, the BOCC shall have the ability to vacate
the Exemption Plat as it pertains to any lots that have not released from the Plat
Restriction and conveyed by the Owners.
14. NOTICE BY RECORDATION. This Agreement shall be recorded in
the Office of the Garfield County Clerk and Recorder and shall be a covenant running
with title to all lots, tracts, and parcels within the Development. Such recording shall
constitute notice to prospective purchasers or other interested parties as to the terms and
provisions thereof.
15. SUCCESSORS AND ASSIGNS. The obligations and rights contained
herein shall be binding upon and inure to the benefit of the successors and assigns of the
Owners and the BOCC.
16. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND
NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be
in writing and shall be deemed effective when received by the recipient party via personal
or messenger service delivery, facsimile transmission or United States certified mail
(postage prepaid, return receipt requested), in all cases addressed to the person for whom
it is intended at the address or facsimile number set forth below:
NIESLANIK
INVESTMENTS: Nieslanik Investments, LLC
1872 Prince Creek Road
Carbondale, Colorado, 81623
CECELIA L.
NIESLANIK
BYPASS TRUST: Cecelia L. Nieslanik Bypass Trust
1872 Prince Creek Road
Carbondale, Colorado, 81623
w/copy to representative:
Thomas J. Todd, Esq.
Holland & Hart LLP
600 East Main Street, Suite 104
Aspen, Colorado 81611
(970) 925-3476
BOCC: Board of County Commissioners
of Garfield County, Colorado
7
c/o Fred Jarman, Planning Director
108 Eighth Street, Room 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
The Representatives of the Owner and the BOCC, identified above, are the authorized
representatives of the parties for purposes of contract administration and notice under this
Agreement.
17. AMENDMENT. This Agreement may be modified from time to time,
but only in writing signed by the parties hereto, as their interests then appear. The
parties, however, may change the identification of notice recipients and contract
administrators and the contact information, provided in Paragraph 16 above, in
accordance with the notice provisions and without formal amendment of this Agreement.
18. COUNTERPARTS. This Agreement may be executed in counterparts,
each of which shall be deemed an original, and all of which, when taken together, shall
be deemed one and the same instrument.
19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause
arising out of or related to this Agreement shall lie with the District Court of Garfield
County, Colorado, and this Agreement shall be construed according to the laws of the
State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be
effective upon the date of Exemption Plat Approval for the Development.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
________________________ By: ______________________________
Clerk to the Board Chairman
Date: _____________________________
8
SIGNATURE AND ACKNOWLEDGEMENT PAGE
TO
DEVELOPMENT AGREEMENT
FOR
RURAL LAND DEVELOPMENT OPTION EXEMPTION
Nieslanik Investments, LLC and Cecelia L. Nieslanik Bypass Trust
By: ______________________________
Date: _____________________________
STATE OF COLORADO )
) ss
COUNTY OF Garfield County )
Subscribed and sworn to before me by _________________________________,
as ____________ of Nieslanik Investments, LLC and the Cecelia Nieslanik Bypass Trust
this ______ day of __________________, 2010.
WITNESS my hand and official seal.
My commission expires:
________________________________________
Notary Public
9
RURAL LAND DEVELOPMENT OPTION EXEMPTION
DEVELOPMENT AGREEMENT EXHIBITS
The following Exhibits are attached hereto and made a part of this Development
Agreement for Rural Land Development Exemption:
Exhibit A - Conservation Easement
Exhibit B - Form of Written Request for Final Release of Restriction in Plat Note No. __
Exhibit C - Form of Release of Restriction in Plat Note No. ______
10
EXHIBIT “A”
Conservation Easement
DEED OF CONSERVATION EASEMENT recorded 12/22/2005 under Reception No.
688879, Book 1757, and Page 658, COUNTY OF GARFIELD, STATE OF
COLORADO.
11
EXHIBIT “B”
Form of Written Request for Final Release of Restrictions in
Plat Note No. ______
[Declarant’s Letterhead]
Garfield County
Building and Planning Department
To Whom it May Concern:
The undersigned hereby requests a full release of the restriction contained in Plat Note
No. ______ of the John Nieslanik Ranch Rural Lands Development Exemption Plat Map,
based on the following facts (with accompanying certification by Declarant’s engineer
attesting to completion of all the Improvements called for in the Improvement Plans):
Sincerely,
Declarant
12
EXHIBIT “C”
Form of Release of Restriction in Plat Note No. ______
[Garfield County Building and Planning Department Letterhead]
PUBLIC NOTICE:
Garfield County hereby releases and extinguishes the lot sales restriction contained in
Plat Note No. ______ of the John Nieslanik Ranch Rural Lands Exemption Plat Map
recorded ________, 2010 under Reception No. _______of the Garfield County real
property records only insofar as the same applies to Lot(s) ____________.
Executed this _day of ________, 20____.
Garfield County, Colorado
By: ____________________
Planning Director
13
EXHIBIT “D”
Development Improvements Estimated Cost of Construction
1
JOHN NIESLANIK RANCH
RURAL LAND DEVELOPMENT EXEMPTION
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
JOHN NIESLANIK RANCH RURAL LAND DEVELOPMENT EXEMPTION (hereafter the
“Declaration”) is made this _____ day of __________, 2010 by Nieslanik Investments, LLC,
and Cecelia L. Nieslanik Bypass Trust (hereafter referred to as the “Declarant”).
RECITALS
WHEREAS, Declarant is the owner of that certain real property known as the John
Nieslanik Ranch Rural Land Development Exemption (the “Development Exemption”), as the
same is laid out and described on the Plat thereof recorded as Reception No. ____________ in
the records of Garfield County, Colorado (the “Plat”); and
WHEREAS, the Development Exemption consists of Lots 1, 2, 3, 4, 5 and 6 (collectively
the “Lots”); and
WHEREAS, Declarant is also the owner of all water and water rights, ditches and ditch
rights, wells and well rights, well permits, easements and rights-of-way appurtenant to or used
upon or in connection with the Development Exemption and all other common facilities and
appurtenances related thereto, all of which shall be deemed to be included in the definition of
“Development Exemption” as set forth and used herein; and
WHEREAS, Declarant has created a homeowners’ association known as the John
Nieslanik Ranch Rural Land Development Exemption Homeowners’ Association (hereafter the
“Association”); and
WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the
overall operation of the Development Exemption, and to establish a homeowners’ association for
the administration, maintenance, preservation, control, use, and enjoyment of the Development
Exemption, as well as provide for the enforcement of the restrictions, covenants and conditions
hereinafter set forth.
2
DECLARATION
NOW THEREFORE, Declarant hereby declares that the Development Exemption, and all
Lots comprising the same, shall be held, transferred, sold, conveyed and occupied subject to the
following covenants, conditions and restrictions which are established for the purpose of
protecting the value and desirability of the Development Exemption and which shall run with
title to the Lots and be binding on all owners or other parties having any right, title or interest in
the Development Exemption. Additionally, a Declaration of Restrictive Covenants has been
previously recorded at Reception No. 686419 in the records of Garfield County, Colorado. In the
event of any conflict between the previously recorded document and this document, the
previously recorded document will govern.
ARTICLE I
DEFINITIONS
1. Annual Budget. “Annual Budget” shall mean the calendar year estimates of
Association expenses and expenditures upon which the Annual Assessment shall be based, which
budget shall be prepared by the Association Manager, all as more particularly provided in Article
VI below.
2. Annual Meeting. “Annual Meeting” shall mean the meeting of all members of the
Association to occur once a year for the primary purposes of approving the Annual Budget and
selecting the Association Manager, but at which meeting any other business matters of the
Association may be raised and addressed.
3. Annual and Special Assessments. “Assessments” shall mean all assessments,
Annual and Special, for Common Expenses of the Association, and all installments thereof, with
interest thereon and costs of collections, including reasonable attorney’s fees, all as more
particularly defined and provided in Article VI below.
4. Association. “Association” shall mean an unincorporated nonprofit association
that has the ability to be incorporated in the future for purposes of owning, maintaining and
administering the common facilities as hereafter described and defined, the members of which
Association shall be the owners of the Lots and which Association shall also administer and
enforce the covenants, conditions and restrictions herein set forth and collect and disburse the
assessments and charges all as hereinafter provided in this document.
5. Association Manager. “Association Manager” shall mean a person who shall be a
Lot Owner and Member of the Association, and who shall be responsible for preparing the
Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds
for Common Expenses, calling special meetings and otherwise managing the administrative
affairs of the Association. Subsequent to conveyance of the first Lot by Declarant, the
Association Manager shall be the Declarant or Declarant’s successor in interest as herein
provided, at all times during which Declarant or its said successor shall own at least two (2) of
the Lots comprising the Development Exemption, and thereafter to be determined by Owners
Action.
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6. Common Expenses. “Common Expenses” shall mean the expenses incurred by
the Association under the provisions of this Declaration and which are payable by the Lot
Owners upon assessment.
7. Common Facilities. “Common Facilities” shall mean all real property (exclusive
of the Lots) or interests in real property including but not limited to shared water facilities and
roads, improvements thereto, and personal property now or hereafter owned by the Association
through dedication, conveyance, or assignment by the Declarant to the Association or acquired
by the Association through Owners Action for the common use and enjoyment of all Lot
Owners, and more particularly described in Article IV below. Such Common Facilities shall
include without limitation all common elements, easements and other real property interests
dedicated and granted by Declarant to the Association by that “Common Elements and Easement
Declaration” made and executed by Declarant and recorded simultaneously herewith in the
Garfield County real property records, which Common Elements and Easement Declaration is
hereby incorporated in its entirety by this reference. There are expressly excluded from the
Common Facilities any easements, facilities, property and structures, the purpose and
appurtenant nature of which are to serve or benefit less than all of the Lots within the
Development Exemption, including without limitation, domestic water service lines, irrigation
pipe laterals, utilities and roads designed to serve, benefit and be appurtenant to one or more but
less than all of the Lots. Any such excluded facilities, easements, property and structures shall
be controlled, operated and maintained by the Owners of the Lot or Lots served thereby as
appurtenant thereto at such Owner or Owners’ expense.
8. Lot Owner or Owner. “Lot Owner” or “Owner” means the person, persons, entity
or entities who or which together shall comprise the record owner of fee simple title to a Lot.
9. Member. “Member” shall mean a person or entity that, by virtue of their status as
a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the
Association.
10. Owners Action. “Owners Action” shall mean a written statement of action to be
taken by the Association which statement shall be executed by no less than the Owners of three
(3) Lots or their respective authorized representatives.
11. Rules and Regulations. “Rules and Regulations” shall mean the rules, regulations,
guidelines, policies and standards as may be adopted and approved by Owners Action as
provided in this Declaration governing the use of the Lots and the use, operation, maintenance,
and administration of the Common Facilities.
ARTICLE II
PROPERTY RIGHTS AND USE OF PROPERTY
1. Lots. Lots 1, 2, 3, 4, 5 and 6 shall be used only for the construction, use and
occupancy of and as single-family dwellings and customary accessory uses as defined in the
Zoning Resolutions of Garfield County, Colorado, or as permitted by the further provisions
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hereof. The foregoing notwithstanding, it is acknowledged that Lot 6 also reserves the right to
replace, improve, expand or otherwise modify existing residences, ranch buildings,
improvements and structures and other outbuildings, within the Ranch Headquarters Envelope.
Such structures may include barns, corrals, hay storage and cattle feeding facilities, greenhouses,
and such other improvements as may be necessary, appropriate or convenient in connection with
the conduct of agricultural operations on the Property provided, however, that any such
replacement, improvement, expansion or modification activity shall be subject to review and
approval by the Design Review Committee prior to commencement of any such activity. The
Ranch Headquarters Envelope shall remain as an active agricultural property despite the
development exemption of Lots 1, 2, 3, 4 and 5. Therefore, the Owner of Lot 6 may utilize such
property for agricultural purposes in addition to single family residential purposes subject to the
conditions set forth herein.
2. Use of Common Facilities. Subject to the limitations set forth in this Declaration
and any Rules and Regulations adopted by the Association pursuant to the provisions of this
Declaration, each and every Lot Owner shall have the right to the use, enjoyment and benefit of
the Common Facilities.
3. Building Envelopes. As part of the Development Exemption process the Owner
has established the most efficient and practical building envelope upon each Lot. All above-
grade improvements to be constructed upon a Lot, with the exception of improvements which are
necessary to facilitate ingress and egress to and from a Lot or improvements which are otherwise
expressly authorized by the Design Review Committee, shall be located within the building
envelope established for such Lot.
4. Appurtenance of Interests. Any legal or beneficial interests in the Common
Facilities that inure to a Lot Owner by virtue of such ownership are appurtenant to the Lot
owned, with or without specific reference to such appurtenance in any deed which may convey
the Lot.
5. Governance of Development Exemption. Subject to rights, interests and authority
expressly reserved to the Declarant herein, all of the authority regarding the ownership,
operation, maintenance, repair, administration and control of the Common Facilities shall be
vested in the Association and the Lot Owners through their right to participate by Owners Action
in governance of the Development Exemption and all of its Common Facilities as said rights are
more fully described in this Declaration.
6. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to
statutory partition of the Common Facilities.
7. Enforcement. The Declarant, or the Association by Owners Action, or any Lot
Owner shall have the right to enforce the covenants, conditions and restrictions contained in this
Declaration by any legal or equitable means necessary and available including actions for
damages and injunctive relief. In the event of any such action, the Declarant, the Association or
Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonable
attorney’s fees and costs from the Lot Owner or Owners found to be in violation of this
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Declaration.
ARTICLE III
MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION
1. The owner of record of fee simple title to each Lot shall be a Member of the
Association. For purposes of this Declaration, if a Lot is owned by more than one person, all of
the persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot
Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves,
designate one of their number to participate in, and represent the others, in any Association
affairs or Owners Action as herein described. For purposes of participation in Owners Actions
and any other voting matters in the Association, a Member owning more than one Lot shall be
entitled to one vote for each Lot owned.
2. Except as otherwise herein provided, the ownership, operation, management,
maintenance and repairs of the Common Facilities and all Association actions taken with respect
thereto shall be undertaken and performed pursuant to Owners Action. The Association shall
have the exclusive power and authority to manage any affairs regarding the Common Facilities,
and such power and authority shall include, without limitation whatsoever, the following
authority:
a. To own, purchase, lease, install, operate, maintain, repair and replace all or any
part of the Common Facilities;
b. To adopt such Rules and Regulations as are necessary and appropriate for
governing the use and benefits of the Common Facilities;
c. To establish and oversee the Annual Budget, for purposes of paying anticipated
and contingent expenses related to the Common Facilities;
d. To make, determine and collect Annual and Special Assessments for the purpose
of paying all Common Expenses. Said Annual Assessments to be determined in
accordance with the establishment of the Annual Budgets and as the same are
necessary as Special Assessments for extraordinary or unforeseen expenses
related to said Common Facilities and which were not included in or provided for
under the Annual Budget. All Annual and Special Assessments shall be made on
a ratable basis among the Lot Owners, with a one-fourth (1/6th) share of the total
assessment to be paid by the Owner of each Lot;
e. Subject to the provisions of Article I(6), to elect at the Annual Meeting by Owners
Action, an Association Manager to act, during the upcoming year, on behalf of the
Association and in such capacity to exercise all powers of the Association
delegated to him by such Owners Action;
f. To enforce, by Owners Action, the provisions of this Declaration and any Rules
and Regulations adopted by the Association as provided herein, either through
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Owners Action or by delegation of such enforcement authority to the Association
Manager;
g. To establish a date certain for the Annual Meeting for the ensuing year and to
establish Special Meetings as appropriate and necessary. Written notice of the
date, time and place of all Annual and Special Meetings, shall be given to each
Member by mailing such notice to each such Member at least twenty (20) days
prior to the date of such Annual or Special Meeting at the address of each
respective Member as the same shall be maintained in the records of the
Association.
h. To receive and use for the joint and common benefit of all Lot Owners any
revenues received by the Association from whatever sources and determination of
the specific uses of such funds.
i. To take any other action necessary or appropriate to carry out the purposes herein
expressed and to properly maintain the Common Facilities for the use and benefit
of the Lot Owners.
ARTICLE IV
COMMON FACILITIES – OWNERSHIP, USE, MAINTENANCE
The Common Facilities which shall be owned by the Association include, but are not
limited to, all common elements, easements and other real property interests dedicated and
conveyed to the Association by Declarant by the Common Elements and Easement Declaration,
all designated roads and easements therefor, and improvements thereto, utility easements, main
ditch easements, water rights, well and pump easements, water storage and pipeline easements,
and drainage easements which serve or benefit all Lots in the Development Exemption as shown
on the Plat. The Association shall maintain and keep in good repair the Common Facilities (and
any personal property and improvements associated therewith) and any other improvements to or
upon the Common Facilities. Such maintenance shall be funded through the Annual and Special
Assessments as provided herein, and revenues received from any other sources, and shall
include, but not be limited to, maintenance, repair, and replacement of all other structures and
improvements situated upon the Common Facilities all to the end that the safety, appearance and
quality of the Common Facilities shall permanently endure.
ARTICLE V
INSURANCE AND CASUALTY LOSSES
1. Insurance. If deemed necessary, the Association Manager shall have the authority
to obtain insurance for all insurable components of the Common Facilities against loss or damage
by fire or other hazards, including extended coverage, vandalism, and malicious mischief. This
insurance shall be in an amount sufficient to cover the full replacement cost of any repair or
reconstruction in the event of damage or destruction from any such hazard. The Association
Manager may also obtain an adequate public liability policy insuring the Association, and its
individual Members and Association Manager for all damage or injury caused by the negligence
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of the Association or any of its Members, the Association Manager or other agents of the
Association.
2. Repair and Reconstruction. If the damage or destruction for which the insurance
proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray
the cost thereof, the Association Manager may, without the necessity of any Owners Action, levy
a Special Assessment to cover the amount of deficiency. If the funds available from insurance
exceed the cost of repair, such excess shall be retained to the benefit of the Association.
ARTICLE VI
ASSESSMENTS
1. Annual and Special Assessments. All Annual and Special Assessments, together
with interest at the legal or statutory rate, costs, and reasonable attorneys’ fees, if any, shall be a
charge on the land and shall be a continuing lien upon the Lot against which each Annual or
Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or
Special Assessment, together with interest, costs and reasonable attorneys’ fees, if any, shall also
be the personal obligation of the person who was the Owner of a particular Lot at the time the
Assessment was made. All such Annual and Special Assessments shall be due and payable
within thirty (30) days following the date upon which the Association Manager shall have mailed
notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at
the address of said Lot Owner as maintained in the Association records.
2. Liens and Foreclosure of Liens. All Annual and Special Assessments shall
constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad
valorem taxes, bonds, assessments, and other levies which, by law, would be superior thereto,
and (ii) the lien or charge of any first mortgage of record (meaning any recorded mortgage or
deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for
value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys’ fees
shall be maintainable without foreclosing or waiving the lien securing the same. Any lien
created pursuant to the provisions of this Article VI may be foreclosed under the laws of the
State of Colorado in the same manner as a mortgage.
3. Computation of Annual Budget and Annual Assessment. It shall be the duty of
the Association Manager, at least thirty (30) days prior to the Annual Meeting at which the
budget shall be presented to the Association’s membership, to prepare a budget covering the
estimated costs and appropriate reserve fund amounts for operating the Association during the
coming year. The Association Manager shall cause a copy of the budget, and the estimated
amount of the Annual Assessments deriving therefrom and to be levied against each Lot for the
following year, to be delivered to each Lot Owner with notice of the Annual Meeting. Such
budgeting process shall take into account any revenues received or anticipated by the Association
from sources other than Assessments.
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ARTICLE VII
ADDITIONAL RESTRICTIONS ON USE AND BUILDING
All Lots shall be subject to the following covenants and restrictions on use and building
restrictions.
1. Violation of Law or Insurance. No Owner shall permit anything to be done or
kept in his Lot or in or upon any Common Facilities which will result in the cancellation of
insurance thereon; or which would be in violation of any law, or would constitute a violation of
any condition or requirement of approval of the Development Exemption by the Board of County
Commissioners of Garfield County.
2. Signs. No sign of any kind shall be displayed to the public view from any Lot or
any Common Facility without the approval of the Association or the Design Review Committee,
except: a) such signs as may be used by Declarant in connection with the development and sale
of Lots; (b) such signs as may be required by legal proceedings, or the prohibition of which is
precluded by law; or (c) one “for sale” sign which shall not exceed two (2’) feet by three (3’)
feet.
3. Dogs. No more than one (1) dog may be kept and maintained on a Lot and then
only with the following restrictions and conditions:
a. Dogs shall be kept under the control of the Owner at all times, shall not cause a
nuisance on neighboring properties, and shall not be permitted to run free except
for working dogs on the ranch.
b. Dogs shall not be allowed to bark continuously, which shall be defined as barking
for a continuous fifteen (15) minute period.
c. The Association shall assess and enforce penalties against Lot Owners violating
the foregoing restrictions applying to dogs, in such amounts as the Association
may set from time to time. Until the Association acts to set other penalties, they
shall be as follows: One Hundred Dollars ($100) for the first violation committed
by an Owner’s dog; Two Hundred Dollars ($200) for the second violation; Three
Hundred Dollars ($300) for the third violation; and for each succeeding violation
the fine increases in One Hundred Dollars ($100) increments. Should any dog
chase or molest deer, elk or any domestic animals, or destroy or disturb property
of another Lot Owner, the Association shall be authorized to prohibit the Lot
Owner or resident from continuing to maintain the offending animal on his
property. All above penalties shall constitute Special Assessments against the
violating Lot Owner.
d. All Lot Owners shall keep their dogs and other household pets reasonably clean,
and all Lots shall be free of animal waste and refuse.
e. The Association shall have the right to impose such penalties in addition to any
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fines that may be imposed under the regulations of Garfield County or the State of
Colorado with respect to dogs or other animals.
4. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about
or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their
property, including generation of unreasonable noises or otherwise, nor will any Lot Owner
commit or permit any nuisance or commit or suffer any illegal act to be committed on his Lot.
Each Lot Owner shall comply with the Rules and Regulations, the requirements of all health
authorities and other governmental authorities having jurisdiction over the Development
Exemption. Pursuant to the allowed agricultural use upon Lot 6, as well as the County’s existing
regulations regarding the right of County residents to farm and ranch agricultural property, no
use of Lot 6 for agricultural purposes or any result of such use, including without limitation
noises, sounds, and smells consistent with normal agricultural activities, shall be deemed to
constitute a noxious or offensive activity or otherwise be deemed a nuisance pursuant to this
Section.
5. Boats, RV’s and Motor Vehicles. The Association shall be empowered to
regulate the storage of boats, RV’s and motor vehicles on all Lots. Except as specifically
permitted by the Rules and Regulations. No boats, trailers, buses, motor homes, campers,
snowmobiles, all-terrain vehicles or other vehicles shall be parked or stored in or upon a Lot
except within an enclosed garage or fully screened area as permitted by the Design Guidelines.
The Association may remove, or cause to be removed, any unauthorized vehicle at the expense
of the owner thereof in any manner consistent with law.
6. Lights. All exterior residential lighting must be shielded and directed downward.
7. Antennas. No radio, television or other antennas of any kind or nature, or device
for the reception or transmission of radio, microwave or other similar signals, shall be placed or
maintained upon any Lot except as may be permitted by the Association, Rules and Regulations
or in accordance with the Design Guidelines.
8. Garbage. No rubbish, garbage or trash, or other waste material, shall be kept or
permitted on any Lot so as to be visible from another Lot or the Common Facilities. No
incinerators shall be kept or maintained in any Lot. No refuse pile, garbage or unsightly objects
shall be allowed to be placed, accumulated or suffered to remain anywhere on a Lot. Trash
removal shall be accomplished through contract entered into by the Association and billed as part
of the Common Expense.
9. Safe Condition. Without limiting any other provision in this Section, each Owner
shall maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and
shall correct any condition or refrain from any activity which might interfere with the reasonable
enjoyment by other Owners of their respective Lots or the Common Facilities.
10. Fires Outside Dwellings. Other than commercially manufactured barbecues or
properly constructed barbecue pits or grills and firepits in compliance with the Rules and
Regulations and Design Guidelines, or as otherwise expressly permitted by the Association, no
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open fires shall be permitted on the Lots, nor shall any other similar activity or condition be
permitted which would tend to increase the insurance rates for the Common Facilities or for
other Owners.
11. Weed Control. It shall be each Lot Owner’s responsibility to control all weeds
and thistle on their entire Lot. If the Association performs weed and thistle control, a Special
Assessment shall be made against the Lot and Lot Owner for the expense thereof.
12. No Obstruction of Drainage. No Owner shall erect, construct, maintain, permit or
allow any fence or other improvement or other obstruction which would interrupt the normal
drainage of the land or within any area designated on the Plat, or other recorded document, as a
“drainage easement,” except that, with the prior consent of the Design Review Committee, non-
permanent structures, including fences, may be erected in those areas which contain only
underground closed conduit storm drainage facilities.
13. Rental of Lots. An Owner who leases his Lot shall be responsible for assuring
compliance by his lessee with all of the provisions of this Declaration, the Rules and Regulations
and Design Guidelines, all as amended and supplemented from time to time, and shall be
responsible for any violations by his lessee thereof.
14. Resubdivision Prohibited. The resubdivision of a Lot by a Lot Owner is
prohibited. Boundary line adjustments which do not result in the creation of additional Lots shall
not constitute resubdivision but shall require written approval of the Design Review Committee
and shall comply with all requirements of Garfield County.
15. Landscaping and Fencing. All areas of the Lots which are susceptible of access
by grazing livestock shall be fenced by the Lot Owner and the Design Review Committee must
approve the type and location of all fences and hedges prior to installation on any Lot. All
landscaping shall be completed within six months of issuance of either a TCO (temporary
certificate of occupancy) or a CO (certificate of occupancy) by Garfield County. Specifically, if
a CO or TCO is obtained from January through July then the landscaping must be completed in
the same calendar year. If a CO or TCO is obtained from August through December then the
landscaping must be completed before July of the following year. All landscaping shall be
properly cared for and maintained. All disturbed areas must be revegetated with vegetation
approved by the Design Review Committee.
16. Woodburning Stoves and Fireplaces. No open-hearth solid-fuel fireplaces will be
allowed anywhere within the Development Exemption. One (1) new solid-fuel burning stove as
defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will be allowed
in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas
burning stoves and appliances.
17. Underground Utilities. All utilities serving the Lots, including without limitation,
electric power, telephone, cable television, natural gas lines and water lines shall be installed and
maintained underground. This restriction shall include main transmission lines and all service
lines to the individual Lots. This restriction shall not apply to existing main electric and
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telephone overhead transmission lines located on Lots 5 and 6.
18. Firearms. The discharge or shooting of firearms is prohibited.
19. Exploration for or extraction of any mineral resource (which may include, but is
not limited to, sand, gravel, rock, soil, peat, coal, uranium, oil, oil shale, natural gas or other
hydrocarbons) by any surface mining method on the Property is prohibited, as is mining or
mineral development on the Property by any other method in a manner inconsistent with the
purposes of this Easement.
Lot Owners agree not to separate or sell from the Property any portion of mineral rights.
However, if a third party owner, lessor or interest-holder of mineral rights associated with the
Property requires entry onto the Property in order to develop such mineral rights, Lot Owners
may permit or lease to a third party the right to develop minerals beneath the Property by those
methods of mineral development having only limited, localized, temporary and reclaimable
impacts on the Property, which impacts must not be irremediably destructive. (For example,
drilling for oil or natural gas beneath the Property from an offsite location, or from the surface of
the Property in a manner that does not result in water contamination, destruction of wetlands or
significant habitat, or damage to scenic views from public rights-of-way, may be permitted.) In
addition, any surface alterations or disturbance caused by or associated with mineral
development must be restored to as close to its original state as possible upon completion of
drilling, exploration or extraction operations.
The Owner of Lot 6, which is encumbered by a Conservation Easement, shall notice the Aspen
Valley Land Trust prior to entering into, permitting or leasing the right to develop any mineral
resource on the Property, and before entering into any appurtenant surface use agreements, non-
surface use agreements, damage agreements or other related agreements, easements or rights-of-
way affecting Lot 6 (collectively hereafter !SUAs") as may be necessary.
Specifically, any mineral leases or SUAs affecting Lot 6 entered into after the date of the
Conservation Easement shall:
a. incorporate the Easement by reference and summarize the Conservation Values;
b. be subordinate to the Easement (with regard to the Owner's share of the mineral
rights, and with deference to previously executed leases and agreements);
c. permit no more structures or infrastructure upon, or impacts to Lot 6 than are
reasonably necessary to development of mineral rights beneath the Property in a
method consistent with the above paragraphs; and where possible and feasible,
non-surface occupancy methods of mineral development shall be employed to
avoid surface impact to the Lot 6;
d. require that any impacted sites are recontoured, revegetated, and restored as
described above.
20. Reflective Finishes. Reflective finishes and reflective glass shall not be used on
any exterior improvement surfaces, including without limitation walls, roofs, windows, doors,
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trim, retaining walls and fences; provided, however, that the foregoing restrictions shall not
prohibit skylights to be installed in residences.
21. Enclosure of Unsightly Facilities and Equipment. All unsightly facilities,
equipment and other items, including but not limited to those specified below, shall be enclosed
within a covered structure or otherwise wholly screened from view. Any refuse or trash
containers, tanks, pumps, utility meters or other facilities, service areas, or storage piles shall be
enclosed within a structure or appropriately screened from view by planting or fencing approved
by the Design Review Committee, which planting or fencing shall be adequate to conceal the
same from neighbors and public and private roads. No lumber, metals, materials, scrap, refuse or
trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during
the course of construction and only for such reasonable periods of time as is necessary prior to
the collection of or disposal thereof.
22. Private Driveways. Each Lot shall be served by its own individual private
driveway extending off of the interior Development Exemption roadways and shall be for the
exclusive use of the respective Owners. Each Owner shall be solely responsible for any and all
maintenance, repair, replacement or other costs related to their respective private driveways.
23. Enforcement. The Association Manager or his authorized agent may enter any
Lot in which a violation of this Declaration and these restrictions exists and may correct such
violation at the expense of the Owner of such Lot. Any expenses in connection with such
correction shall be a Special Assessment against and be secured by a lien upon such Lot
enforceable in accordance with the provisions of Article VI hereof. All remedies described in
Article VI hereof and all other rights and remedies available at law or equity shall be available to
the Association, the Declarant or any Lot Owner in the event of any breach of any provision of
this Article VII by any Owner.
24. Restrictions/Conditions Imposed By Garfield County. The use of all Lots shall be
in strict accordance with the conditions of approval and Plat restrictions contained in the
Resolution enacted by the Board of County Commissioners of Garfield County, Colorado,
approving the Development Exemption and the Plat.
ARTICLE VIII
DESIGN REVIEW COMMITTEE REQUIREMENTS
1. Approval of Improvements Required. No improvement to the property shall be
constructed on any Lot without Design Review Committee approval, except where approval is
not reasonably required to carry out the purposes of this Declaration as determined by the Design
Review Committee. Improvement to property shall mean the construction, erection, installation
or expansion of any building, structure or utility facilities, and fences or destruction or removal
of any building, structure, tree, vegetation or other improvement, or the grading, excavation,
filling or similar disturbance to the surface of land, or any change of any previously approved
improvement to a Lot, including any change of exterior appearance, color or texture.
2. Design Review Committee. The Design Review Committee shall consist solely
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of the Declarant until such time as primary residences have been constructed on Lots 1 through
6. Thereafter, the Association by Owners Action shall appoint such number of Lot Owners and
for such terms as it deems appropriate to serve as the Design Review Committee.
3. Design Guidelines. The Design Review Committee shall establish reasonable
procedural rules, regulations, architectural standards and design guidelines (the “Design
Guidelines”) that the Design Review Committee may, from time to time in its discretion, amend,
repeal or augment. The Design Guidelines may include, among other things, the following
restrictions and limitations:
a. Procedure for submittal of all construction plans to the Design Review
Committee.
b. Time limitations for the completion, within specified periods after approval and
commencement of construction, of the improvements for which approval is
required pursuant to the Design Guidelines.
c. To preserve the views from other Lots and to preserve the natural beauty and
condition of each Lot, the designation of a “building envelope” where needed
within the discretion of the Design Review Committee, establishing the location
and maximum developable area of the Lot. Accessory buildings may be
constructed outside from the building envelope if approved by the Design Review
Committee. To the same end, no structure shall be sited anywhere on a Lot
without the Design Review Committee approval. The Design Review Committee
shall, within its discretion, approve the building’s location as near to the location
selected by the Owner as it deems appropriate. With respect to Lot 6, the
foregoing provision is subject to the provisions of Article II, Section 1, above.
d. Approval of plans and specifications prior to the commencement of all
construction. In addition to other use and building restrictions contained in
Article VII hereof, no building shall be erected by means of other than new
construction, it being the purpose of this covenant and restriction to ensure that
old buildings will not be moved from previous locations and placed upon a Lot.
Further, all structures shall be constructed of either brick, stone, lumber, stucco,
logs or a combination thereof. The use of cinderblock shall not be allowed unless
it is faced with another approved material. No residential buildings commonly
known as “modular homes,” “factory built housing,” “HUD homes” or “mobile
homes” shall be permitted to be constructed or installed on any Lot.
e. The Design Review Committee shall list the varieties of plants and trees that shall
be permitted to be planted on any Lot. A list of such plants and trees shall be kept
on file at all times by the Association. The Association may, from time to time,
amend the list of permitted plants and trees to add or delete certain varieties.
f. The Design Review Committee or the Association may make rules prohibiting the
use of all chemical pesticides and herbicides during certain periods of the year.
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g. Such other limitations and restrictions as the Design Review Committee in its
reasonable discretion shall adopt, including without limitation, the regulation of
all exterior lighting, landscaping (including without limitation, absolute
prohibition of certain types of landscaping, trees and plants), construction,
reconstruction, exterior addition, change or alteration to or maintenance of any
building, structure, foundation system, wall or fence, including, without
limitation, the nature, style, shape, height, materials, exterior color, surface
texture, location of any such improvement and prohibition of construction during
certain periods of the year.
4. General Provisions.
a. The Design Review Committee may assess reasonable fees in connection with the
review of plans and specifications. In the event that an application requires
extraordinary legal, engineering or other fees, the Design Review Committee will
notify the applicant of the amount of such fees, and the Design Review
Committee will not be required to take further action until such extraordinary fees
are paid by the applicant. Any costs incurred by the Design Review Committee in
processing an individual application shall be considered a Special Assessment
against the Lot involved.
b. The Design Review Committee may delegate its plan review responsibilities,
except final review and approval as may be required by the Design Guidelines, to
one or more of its members or architectural consultants retained by the Design
Review Committee. Upon such delegation, the approval or disapproval of plans
and specifications by such members or consultants shall be equivalent to approval
or disapproval by the entire Design Review Committee.
c. The address of the Design Review Committee shall be the address established for
giving notice to the Association, unless otherwise specified in the Design
Guidelines. Such address shall be the place for the submittal of plans and
specifications and the place where the current Design Guidelines shall be kept.
d. The Design Review Committee shall approve or disapprove any plans and
specifications submitted to it, in writing, in accordance with the Design
Guidelines within a period of thirty (30) days.
ARTICLE IX
DOMESTIC AND IRRIGATION WATER
1. Domestic Water Supply.
a. The six Lots will be served domestic water using existing ground water wells.
Well No. 2 has been awarded Exempt Domestic Well Permit #280848 and Well
No. 3 has been awarded Exempt Domestic Well Permit #281789 by the Colorado
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Division of Water Resources.
b. Both wells are located on the ranch and are permitted as “ordinary household use”
wells on 35 acre or larger parcels. The allowed uses for each well include fire
protection, ordinary household uses in up to three single family dwellings, the
watering of poultry, domestic animals and livestock on a farm or ranch, and the
irrigation of not more than 5,000 square feet of gardens and lawns per Lot.
c. Declarant is desirous of providing that one single-family residence per Lot
constructed on Lots 1, 5, and 6 of the Development Exemption shall be entitled to
jointly use Well No. 2 and one single-family residence per Lot constructed on
Lots 2, 3, and 4 of the Development Exemption shall be entitled to jointly use the
Well No. 3.
d. Declarant is desirous of providing that one single-family residence per Lot
constructed on Lots 1, 5, and 6 of the Development Exemption shall be entitled to
jointly use Well No. 2 and one single-family residence per Lot constructed on
Lots 2, 3, and 4 of the Development Exemption shall be entitled to jointly use the
Well No. 3.
e. Declarant hereby establishes an easement for the use and benefit of Lots 1, 2, 3, 4,
and 5 over, across and through Lot 6, for the non-exclusive use and enjoyment of
the Wells, for purposes of collecting and transporting the water produced
therefrom for all domestic purposes incidental to the lawful use and enjoyment of
Lots 1 through 6, and for such other and further purposes as may from time to
time be lawfully authorized and permitted. This easement shall be in addition to
any other easements granted on the Plat in connection with the Wells.
f. The easement described above shall include the right of the owner of Lots 1
through 6 to gain reasonable access as is necessary for purposes of installing and
maintaining any Well improvements and an underground water line to transport
the water from the Well to the improvements that may be constructed upon Lots 1
through 6, said easement to be located as described on the Plat.
g. The John Nieslanik Ranch Rural Land Development Exemption Homeowner’s
Association shall be responsible for any applications for a well permit or for the
application for an adjudication of water rights for the Wells, as required by
applicable statutes and regulations. No such applications shall be submitted by
the John Nieslanik Ranch Rural Land Development Exemption Homeowner’s
Association without delivery of written notice to all of the owners of Lots 1
through 6.
h. The owners of Lots 1 through 6 shall share equally in the common costs of
maintenance, upkeep and capital improvements of the Wells, including but not
limited to the costs and expenses of any and all pumps, storage facilities and other
equipment used in connection with increasing the depth of the Wells and
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installing a replacement pump, storage tank or additional improvements to enable
the residences on Lots 1 through 6 to be adequately served with water of sufficient
quality and quantity.
i. Upon construction of any new residence on Lots 1 through 6, the Lot owner is
required to provide on site water storage to accommodate in house use, irrigation,
and fire protection water storage per the Carbondale and Rural Fire Protection
District’s requirements.
j. Any common work to be performed and paid for under the provisions of this
Declaration shall not commence until a cost estimate of work to be done has been
presented to and approved in writing by the owners of Lots 1 through 6. The
approval of a lot owner shall not be unreasonably withheld, and it is not the
intention of the Declarant to allow this clause to be used to prevent or
unreasonably delay work authorized by this Declaration.
k. All common work authorized by this Declaration shall be promptly paid for by the
owners of Lots 1 through 6. It is understood that the work done at any given time
may inure to the immediate benefit of only one (1) party. However, under the
terms of this Declaration, all bills shall be promptly paid by the owners of Lots 1
through 6 in equal shares, regardless of whether the benefit inures only to one (1)
party at a given time or to the benefit of both parties.
l. In the event a lawsuit is necessary to collect monies due under this Declaration, an
aggrievance party shall have the right to pursue a mechanic’s lien foreclosure or
any other legal or equitable remedy, and the prevailing party in any litigation shall
be awarded all costs, including a reasonable attorney’s fee.
m. The covenants, conditions and restriction contained herein shall be binding upon
and inure to the benefit of the owners of Lots 1 through 6 and their successors in
interest and these covenants, conditions and restrictions shall be deemed to be
covenants running with the land.
n. All notices required hereunder shall be in writing and shall be delivered
personally or by certified mail, return receipt requested. Notices shall be deemed
effective upon delivery but not later than ten (10) days after posting.
2. Irrigation Water Supply.. No residential Lot owner on Lots 1 through 5 shall have
surface water rights from the East Mesa Ditch All of the East Mesa Ditch surface water
rights are associated with the agricultural operations on Lot 6.
ARTICLE X
CONDEMNATION
Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of
and under threat of condemnation, by the Association through Owners Action) by any authority
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having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice
thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law.
The award made for such taking shall be payable to the Association and used for its purposes
herein enumerated.
ARTICLE XI
GENERAL PROVISIONS
1. Term. The covenants, conditions and restrictions of this Declaration shall run
with title to Lots 1, 2, 3, 4, 5 and 6 and shall inure to the benefit of the Lot Owners and shall be
enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners.
2. Indemnification. The Association shall indemnify Declarant and any persons
acting in the capacity of Association Manager against any and all expenses, including attorneys’
fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in
connection with any action, suit or other proceeding (including settlement of any suit or
proceeding) to which the Declarant or Association Manager may be a party by reason of any
actions, contracts, agreements or other activity undertaken by the Declarant or Association
Manager before or after the making of this Declaration, other than those acts or omissions of
Declarant or Association Manager taken or done in violation of the provisions hereof. The
Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or
otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant
or Association Manager shall have no personal liability with respect to any contract or other
commitment made by them with third parties, in good faith, with respect to the Development
Exemption or Common Facilities or otherwise, on behalf of the Association, and the Association
shall indemnify, save and forever hold such Declarant or any Association Manager free and
harmless against any and all liability to any third party on account of any such contract or
commitment. Any right to indemnification provided for herein shall not be exclusive of any
other rights to which Declarant or any Association Manager may be entitled in this regard.
Nothing herein shall be construed as relieving Declarant or Association Manager of their
respective obligations and duties to the Lot Owners enjoined upon each under the provisions
hereof.
3. Amendment or Modifications. At any time subsequent to the conveyance of one
(1) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any
particular by a written instrument executed by the Owners of not less than four (4) of the Lots,
and recorded in the records of the County; provided that no such amendment or modification of
this Declaration affects or purports to affect any rights accorded to or reserved by the Declarant
herein.
4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
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5. Perpetuities. If any of the covenants, conditions and restrictions of this
Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then
such provisions shall continue only until twenty-one (21) years after the death of the longest
lived members of the Declarant.
6. Non-Waiver. The failure of Declarant, the Association, the Association Manager
or a Lot Owner to object to any breach of or failure to comply with the provisions of this
Declaration or any Rules and Regulations by a person subject thereto shall in no event be deemed
a waiver of any right to object to the same and to seek compliance therewith at any time.
7. Captions. Article and section captions, headings or titles inserted throughout this
Declaration are intended solely as a means of convenience and reference and in no way shall
such captions, headings or titles define, limit or in any way affect any of the substantive terms
and provisions of this Declaration.
8. Context. Whenever the context requires, any pronoun used herein shall be
deemed to mean both the feminine and masculine gender, and the singular shall be deemed to
also encompass the corresponding plural.
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this
_____ day of ______, 2010.
Nieslanik Investments, LLC
1872 Prince Creek Road
Carbondale, Colorado, 81623
By: ______________________________
Date: _____________________________
Cecelia L. Nieslanik Bypass Trust
1872 Prince Creek Road
Carbondale, Colorado, 81623
By: ______________________________
Date: _____________________________
STATE OF COLORADO )
) ss
COUNTY OF Garfield County )
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Subscribed and sworn to before me by _________________________________,
as ____________ of Nieslanik Investments, LLC and the Cecelia Nieslanik Bypass Trust this
______ day of __________________, 2010.
WITNESS my hand and official seal.
My commission expires:
________________________________________
Notary Public
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Open Space Plan
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Rural Land Development Exemption Plats &
Engineering Drawings