HomeMy WebLinkAbout1.0 ApplicationGILEAD GARDENS
FINAL PLAT
SU PPLEN/I ENTAL I N FORN/IATI ON
Garfield County, Colorado
July 25, 2006
Owners
BBD TRUST, A TRUST
David & Renee Miller, Trustees
1577 County Road 335
New Castle, CO 81647
(e70) 876-2205
Prepared by
Planner/nor neer
Bruce D. Lewis, P.E.
Boundaries Unlimited, lnc.
823 Blake Avenue, Suite 102
Glenwood Springs, CO 81601
(970) 945-5252
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GILEAD GARDEruS
FINAL PLAT
SU PPLEM ENTAL I N FORMATION
JULY 25, 2006
TABLE OF CONTE NTS
Cover Page
Table of Contents
SEGT IONS
Planning Review Comments 1119/05 and Response
Attorney Review Comments 11129105 and Response
Subdivision lmprovements Agreement
A. Exhibit A: Engineers Estimated Cost for lnfrastructure
B. Exhibit B: Treasurer's Deposit Agreement
C. Exhibit C: Notice regarding Building Permit and Certificates of Occupancy
Treasurer's Deposit Agreement
A. Exhibit A: Resolution No. 2003-89
B. Exhibit B: Subdivision lmprovements Agreement
C. Acknowledgement of Satisfaction and Direction to Treasurer
Protective Covenants
A. Well Permit
B. Division of Water Resources Letter
C. Letter from the Colorado State Division of Water Resources
Re: Estimated Water Use Requirements
Home Owners Association By-Laws
Garfield County Application and Permit for Encroachment
Dan Kerst, P.C. letter
RE: Ward Reynold Ditch Company and Goldman Ditch & Pipeline
lrrigation Ditch Easement Deed
Bill of Sale between BBD Trust and Home Owners Association
Easement Deed between BBD Trust and Home Owners Association
Garfield County Road & Bridge response letter
RE: Response to BOCC Resolution Condition # 6 & 7
Acceptance Memo from Steve Anthony, Garfield County Vegetation Manager
Chris Hale, Mountain Cross Engineering, lnc. approval letter
RE: Review of Final Plat
Burning l\4ountain Fire Protection District approval letter
2005 Garfield County Tax Certificate
Reduced Final Plat - 2 Sheets (11x17)
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Garfie,ld Coun$
BUILDING & PLANNING DEPARTMENT
November 9,2005
Bruce tewis
Boundaries Unlimited, lnc.
923 Cooper Avenue, Suite 102
Glenwood Springs, CO 81601
Re: Gitcad Gardens Final Plat Review
Dear Bruce,
This office has reviewed the Final Plat application zubmitted on September 14, 2005- The purpose of
this letter is to notiff you that the application has been deemed technically non-compliant for the
following reasons:
I. Final Plat Code Review
A. Section 5:22(8) of the Subdivision Regulations of 1984, as amended requires the
.,date of tlre survey" be shown onthe plat. I was unable to locate such a date.
B. Section 5 :2a(A)of the Subdivision Regulations of 1 984, as amended requires that the
Final plat shall show the names and addresses of owner(s) of record of both surface
and mineral estates. I was unable to Iocate the actual names and address of the
surface owner on the Plat-
C. Section S:za(C)ofthe Subdivision Regulations of 1984, as amendedrequires County
Sr:rveyor's Certificate be included on tlr" final plat. While it is showru please amend
the statement so that "1973- is inserted after C.R.S. and the 6'A]rlD" at the end ofthe
first line is changed to "OR"
D. Section S:2a(E) of the Subdivision Regulations of 1984, as amended requires
Certifrcate of Dedication and Ownership executed by all persons with an interest in
the subdivision property. While it is shown on the plat, it needs to be amended in the
following waY:
i. Third line of the first fuli paxagraph states ...'T[IAT REAL PROPERTY"
need to be changed to Gilead Gardens Subdivision;
ii. In the paragraphlfratbegins.. ."THAT SAID OWNER DOES HEREBY" 'the
108 *th Sfieet, Suite 201, Glenw'ood Springs, Colorado 81601
(s70) s4s-8212 (s70) 28s-7s72 Fax: (970) 384-3470
Lewis
Page2
second line needs to delete the text: "AND LABLED AS PUBLIC RIGHT
OF WAY' and delete *TRAILS...ASSOCIATION."
iii. Insert the following language below palagaph beginning "THAT REAL
PROPERTY'i"ThaI all expensefor street paving or improvements shall be
furnished by the seller or ptrchaser, not by the County of Gafield."
E. Section 5:24fif of the Subdivision Regulations of 1984, as amended requires an
Attomey's Certificate describing all dedications to the public and certifringthat the
subdivide(s) has/have complied with the Garfield County Subdivision Regulations
be placed on the plat. I do not see this on the plat.
F. Section 5:31(F) of the SuMivision Regulations of 1984, as amended H. School site
approval or cash in lieu and fire district impact fees based on a study of the fiscal
. impact on the distict by new subdivision development, approved by the Board of
County Commissioners and Planning Comnission. There is no mention of the fee
you are required to pay or evidence of an appraisal which is required to determine
that fee. Please address.
G. PleasereplaceproposedplatnoteNo.llwiththefollowinglanguage:"Themineral
rtghts associated wtth this property (also btnwn as Lots I - 9 of the Gilead Garderc
Subdivision) have been partially severed and we notfully intact or transfenedwith
the surface estate therefore allowing the potenrial for natural resource ertraction on
the property by the mineral estate owner(s) or lessee(s)."
II. Conditions qf approval from Resolution 2Q\3$9
A. Condition No. 2(A) requires that the Applicant shall include the conditions ofthe
approved well permit [PeT mit No. 56217-F] in the Protective Covenants. Please
add these conditions in the Covenants;
B. Condition No. 2(F) requires that you amend Section V(FX2) of the Protective
Covenants by adding *and well permits" at the end of this section;
C. Condition No. 3 requires that the following geologic hazad mitigation measures
shall be taken (in italics betow). Please include this langrrage as plat notes in
addition to being placed in the Protective Covenants.
A. The recommendations by Hepworth-Pa'wlak Geotechnical, Inc. ("HP
GeoTech") outlined in tlu Preliminary Geotechnical Srudy for the
Subdivision dated December 29, 2000, [Job No. 100 672J shall be adhered.
These Preliminory Design Recommendations include provisiorts for
L,ewis
Page 3
foundations,Jloor slabs, under-drain system, site grading, surface drainnge
andpwement subgrade.
B. The Applicant shall comply with and incorporate the recommendations from
the Colorado Geological Surtey, datedJune 23, 2003:
I. Slopes: The l0' construction setbaclc, at the crest oftheriver terrace,
recommended in the HP GeoTech report should be qtalified, i-e- the
basisfor the l0' setbackandifthe setbackdccountsfor increased soil
moist?ne due to the proposed ponds on Lots I & 9.
il. Drainage: HP GeoTech identifies the location of the property on a
relatively young allwial fan- Altavial fan features are typically
composed offine-grained soils that are poorly cemented and tend to
erode quicHy during large storm events- The recommendatioru of HP
GeoTech and Boundaries Unlimtted to construct berms on the
upstream side of the proposed lots should be included in the site
grading plans. Diversion berms on each of the lots would help to
minimize damage in event a debrisflow orllashflood crosses the site.
ilI- Sof/s; HP GeoTech's recommendations regarding the mitigation of tlrc
concerns with swelling and compressible soils on this site shall be
adhered. Given that the soils on this stte are moisture sensitive, the
locations of the proposed ponds, on Lots I & 9, slnll be sited with
considerations to how the increased soil moisture will affect the
p erfo rmance of the nearby foundatio ns -
C. Due to the possible presence of radon gas in the area, testingfor ra.don gas
shall be done when the residences and other occapied structures ha,oe been
completed, prior to the isstnnce of aCertificate of Occupanqt, or radon gas
mitigation can be incorporated in the design of the structwes. Should radon
gas be found afier testing, mitigation shall be done prior to Certificate of
Occupancy.
D. Condition No. 4 requires that "Any well serving more than one property is defined as
a central water supply system. In accordance with section 9:53 of the Subdivision
Regulations, all lines in a central water system shall be looped, with no dead ends
included in the system. Prior to Final Plat, the Applicant shall provide plans for a
cental water suppiy system that is looped to be reviewed by the County Engineering
Departrnent." I arrr having Mountain Cross Engineering review the plans to ensure
that this condition has been met.
Lewis
Page 4
E. Condition No 6 requires the Applicant shall comply with the recommendations of the
Garfield County Road and Bridge Departrnent dated January 7,2003, as shown
below. Please provide a letter from the Road and Bridge Department that addresses
these items:
i. Driveway permits will be issued after the approval ofthc subdivision by Boud
of County Commissioners. The drivewcy perm.its will have special conditions
that will be spectfied in the permits.
ti. Stop signs shall be installed at all enrrances accessing Garfield County Road
335 and maintained by the homeowners association.
iii. Brush shall be cleared the length of the property along CR i35 and thefence
slntl be moved back to the property line (right-of-way line) at the sub-dtviders
expense prior to the completion ofthe subdtvision.
iv. Tlrc drtvewry at 1577 CR 335 ald the biveway at 1171 CR 335 shall be
abandonedwhen the new driveways are installed and operable.
v. The ditch along the property and CR 3i5 shall be piped in calvert pipe- The
installation and allfunre maintenance shall be at the sub-dividers and home
owner's expense-
vi. The two structures that encroach withtn the right-of-way of CR 335 may
rematn, however, these structures d replaced shall comply with applicable
setback requirements. Prior to Ftnal Plat, the Applicant shall obtain an
Encroachment Agreement for the two structures with the Courty.
vii- Construction work zone signoge shall be posted on CR 335 &ring drtveway
construction. Stgnage shall be posted in accordance with guidelines in the
Manual of UniformTrffic Control Devices
F. Condition No. 7 requires that prior to Final Plat, the Applicant shall detennine if
there are two separate driveway permits, one for Lot 1 and one for the Bullock's
property on file in the Garfield County Road and Bridge Department. Should there
only be one driveway permit for both parcels, the Applicant shall apply for a sepaxate
driveway pennit for Lot 1. Please address this issue.
G. Condition No. 8(C and D) shall need to be addressed in the text of the Subdivision
Improvements Agreement (SIA) to ensure that they are completed to the satisfaction
ofthe Burning Mountain Fire ProtectionDstictandthereby satis$ingthecondition-
H. Condition No. 9 requires the Applicant shall provide weed management information
for review and approval by the Garfield County Weed Management Director prior to
Fina1 Plat. This office has forwarded your plan to Steve Anthony for review.
Lewis
Page 5
L Condition No. 10 requires the proposed subdivision is located in the Garfield Countv
Trffic Study Area f . fUis **
"ultr
for an irnpact fee paym.ent to Garfield County of
$226 per average daily trip (ADT) generated by the subdivision. The total impact fee
puyrn"ot shall be determined prior to Final Plat. I have calculated this fee to be a
iotal of $20,061.63. (See the attached worksheet for details.) You will need to
provideachecktotheCountyintheamountof$l0,030.8l priortothesigningofthe
final plat.
J. Condition No. 15 requires that all easements and grantees of the easement shall be
shown on the Final Plat and property conveyance documents shall be completed at
Final Plat. You will need to provide a fonn deeds showingthe form of transfer from
the property owner to the Homeowners Association for the ponds, open space, and
water systems / rights to the County for review.
K. Condition No. 16 requires that an easement to the river dedicated to the Wards
Reynolds and Goldma.n, Ditch, Purnp andPipeline forthe emergencyrelease ofwater
to the Colorado River shall be delineated on the Finat PIat and shall be conveyed to
the Ditch Company with property legal documents. Please provide copies of the
documents that ensure this condition for both the Wards Reynolds and Goldman
Ditches.
L. Condition No. I 8 requires that prior to Final Plat approval, a plan for landscaping and
screening onthewesterlyboundary oftheproperty, for thebenefitofneighborstothe
wes! shalt be submitted. You have zubmitted this plan and we are having Stebe
Anthony review it for adequacy.
M. ConditionNo. 20 requires the following Colorado Division ofWildlife recommended
witdlife mitigation measures shall be adhered to- Please include these in the
Protective Covenants:
1 . An increase in domestic animals is likely to accompany the suMivision of
the subject properly. Domestic pets should be monitored closely.
2. The site is periodically used by black bear, primarily for migration. In
order to minimize negative human-bear interactions, refuse storage
facilities should be designed to be bear-proof.
3. Of special concern is the feeding of wild waterfowl. Residents of the
suMivision should be educated regarding the detimental effects of
feeding wild waterfowl. Interpretative signage in the recreational / park
area shall be installed requesting that the residents and guest do not feed
the wildlife.
Lewis
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please address these issues so that this offrce may continue to process yow final plat application'
Do not hesitate to contact this offtce should you have any questions.
Very truly yours,
Fred A. Jarman,
Assistant Pianning Director
970.945.8212
BoUNDARIES
UNITMITED INC.
Givil & Gonsulting En$ineers
Ju.ly 24,2006
Mr. Fred Jarman
Assistant Planning Director
l44East Third Street
Rifle, CO 81650
Gilead Gardens Final Plat Review
Response to County Planning Review Letter Dated November 9,2005
Dear Fred:
I have prepared in the same order presented in your review letter a response addressing
each of your recofirmendations or concerns.
I. Final Plat Review
Please note that the Plat has been divided into two sheets to allow space for the required
note additions. Two copies of the revised plat are attached for your review.
A. The "date of the survey" is shown as February 5,2001along the midsection of the
bottom border of the plat - Sheet 2.
B. The Name and address of the surface owner has been added to the plat.
C. The Surveyor's Certificate has been modified accordingly
D. The Certificate of Dedication and Ownership has been Modified accordingly.
E. The Attorney's Certificate has been added to the plat.
F. The Applicant agrees to pay school and fire impact fees at final plat. Garfield
School District RE-2 impact fee is $200 per unit (including ADU's). Based on 7
new SF and 5 new ADUs, at total of $2,400 of School impact fees willbe paid prior
to signing of the final plat. According to Brit C. Mclin, Burning Mountains Fire
Department, there presently is not a Fee established for their district.
G. Plat note 1 1. has been replaced with the suggested language regarding mineral
rights.
RE
823 Btake Avenue I Suite 102 | Glenwood Springs I Colorado 81601 | Ph: 970.945.5252 | Fax: 97O.384.2833
A
July24,2006
Mr. Fred Jarman
Gilead Gardens Final Plat Review
Page2 of3
II. Conditions of aDDroval from Resolu tion 2003-89
The well permit No. 5617-F, along with the letter from the State Engineers' Office,
dated Aprit +, 2}O6,are referenced in the Protective Covenants, V F and included as
exhibits.
Section V F 2 has been modified with adding "and well permits" at the end of the
section per resolution condition No. 2.
The geologichazardmitigation measures has been added as note to the Plat and
included in the Protective Covenants in V S.
Mountain Cross Engineering agrees that the current plans comply with section 9:53
regarding "all lines in a central water system shall be looped, with no dead ends
included in the system".
Copy of Letter to Jake Mall, dated July 7, 2OO6,is attached and addresses Road &
Bridge Deparhnent' s recommendations'
According to Road & Bridge Department, no driveway permit could be located. A
driveway permit will be obtained by the applicant for Lot 1.
Condition No. 8 (C and D) has been addressed in the SIA regarding Burning
Mountains Fire Protection District condition's being satisfied. See Attached letter of
acceptance of construction from the BMFPD.
Steve Anthony's Memo dated July 7 to Fred Jarman accepts the weed management
plan referred to in condition no. 9 of the Resolution.
The Applicant agrees to pay the County the Traffic impact Fee prior to signing of
the Final Plat.
Easement deeds and Bill of Sales are attached. The Easements are identified on the
Final Plat.
K. A 20 foot wide ditch easement of the Ward Reynolds Ditch Company was shown
on the Plat along the Parcels westerly boundary. The easement deed form was
included under a separate tab section "J" of the application. However, the revised
version of this easement deed is attached.
B.
C.
D.
E.
F.
G
H
I
J
July 10,2006
Mr. Fred Jarman
Gilead Gardens Final Plat Review
Page 3 of3
L.Steve Anthony's Memo dated July 7 to Fred Jannan accepts the landscaping and
screening plan referred to in condition no. 18 of the Resolution.
M. The Colorado Division of Wildlife recommended wildlife mitigation measures has
been added to the Protective Covenants in IV F 9.
Please feel free to contact me with any questions you may have.
Sincerely,
BOUNDARIES UNLMITED INC.
Bruce D. Lewis,
Project Manager
CC David & Renee Miller
Dan Kerst
MEMO
TO
RE
Fred rTarman,s Planner
FROM Carollm M.ren Deputy Garfield County Attorney
DATE:November 2005
Gilead rdens
I have reviewed the proposed SIA, Decl-aration and associated
HOA documentation, and the Encroachment Permit for Gilead GardensSubdivision. My comments are as follows:
2. second recital is mj-ssing the d.esignation of a term ofart, "Prel-iminary Prat Approval," folrowing Resolution No. 2oo3-89, i.e- "Resolut.ion No. 2o03-89, 'preliminary prat Approwal,.,,
Subdivision fmpFovements Aqreement,
1. Firsr reciral ," -r"**#;e of rhe subdivision.ffi
o<
3 - Paragraph 2a.
deleted and the reference
paragraph 2E.
mat.erial in brackets should be
completed Improvements moved to
The
to
4 . Paragraph 2a. Create a term of art, ',Final plat
DocumenE,s," at the end of paragraph 2a and use throughout theSIA, €-9-, l-ast paragraph of paragraph 2 on page 2.
5. Paragraph 2E second sentence: '.said rmprovemenLs,including those completed prior to t,he d.ate of execution of this
AgreemenE, are shown on the two-page \Engj-neer,s Estimated costfor rnfrastructure', dat.ed september 3, 2005, atiached to and
made a part of this Agreement, by reference as Exhibit A." A1so,if the owner wishes to include a rist of improvements inparagraph 2e, Lhey must match the improvemenLs d.elineated onExhibit A; However, a list is not necessary. The constructionPlans and Exhibit A are meant to include aIr improvements.
6 - Paragraph 29 needs a term
d.aLe, " ag f ollow: ,, f irst. ful}this Agreement (.completion date, ) .,,
arL, i-e., "completion
following execution of
of
year
Fred ,Jarman
November 29, 2OO5
Page 2
7. Paragraph 2, page 2,
may update the language from
Same in paragraph 3c, page 4.
I note that there are
Was a contingency added
certification need to be
completed?
lasr paragraph: It desired, Owner
"as-built' to "record Crawings. "
no contingency figr.rres on Exhibit A'
to each r:nit cost? Does the
updated Lo show more construction
8. Paragraph 3d, page 4, I have attached a form
"frrevocable Standby Letter of CrediL" to be used as Exhibit B to
the SIA. Please let me know if you need an electronic version of
this form LOC. fn order to clarify the dollar amounLs for the
Letter of Credit, the first sentence should end with "paragraph
3d below." Then the new second senLence shoul-d be: "Said
security sha1l be in the amount of $42,375.00, the estimated cost
of completing remaining Improvements, owner's Engineer having
cert.if ied that the ful1 estimated cost of compi-eting the
Improvernents, including a sufficient contingency as approved by
the BOCC, $454,295 .OO , has been reduced by $+1-1-,920 .OO , the cost
of Improvements already completed as of the date of execution of
this Agreement. Costs are set forEh and certified by Owner's
licensed Engineer on pages l- and 2 of Exhibit A. "
9. Paragraph 3d, page 3: The paragraph dealing wl-th a
separate lret,ter of Credit for re-vegetat,ion should be deleted.
The paragraph rel-ated to re-wegetation as part of the face amount
of the one LOC needs to be completed, beginning as follows: "Of
that amount, $4,180.00, reduced by completed re-vegetation of
$1, OOO . 00, i . e. , $3, 180 - OO, shaII be al-l-ocaLed to re-vegeLation
of disturbed areas..."
10. The paragraph on page 3 beginning with *The Letter of
Credit required by this Agreement shall be issued by a stsate or
national banking institution.-." has typographical errors on lines
4 and 5 which may be related to electronic transmission of the
form- Same as to paragraph 3c, page 4 and paragraph 6, page 5-
1-L. Paragraph 4, line 2, page 5: The term "homes" shouLd be
"residences or other habitable structures. " However, the wording
may not matter if there are no other habitabl-e strucLures on the
open space or elsewhere in Gilead Gardens. On line 3, the word
"system" afEer "fire protection" can be deleted. Paragraph 4,
the last sentence, references conveyance of water supply and
distribution system "on or before terminatj-on of the DeclaranL
Freci Jarman
November 29, zOOs
Page 3
control period as d.efined in the Declaration of covenants,
Conditions and Restrictions for Gilead Gardens' ' '" The Decs do
not define a period of declaranL control. Furthermore, since
most, oE aI1, of these Improvements are in pIace, Lhe billS of
sale and/or other conveyance documents can be provided at Final
P].at(Seeparagraph20intheDeclarationsectionofthisMemo.)
L2. A new paragraph, "Open Space Conweyance and Ditch
Easement,(s)," is needed- The new paragraph should simply be
listing of the conveyance documenLs provided at the time of Final
plat, €.g. deeds from the Trust to the HoA for trail, and pond
ameniLies along with the irrigation ditch easement deed from the
Trust to the ward Reynolds Ditch company, as required' The t)pe
of deed, i.e- easement or fee, for the ponds, brke trails, park,
recreation areas needs to match what is in the Decs' I assume
there is no need for form paragraph g, page 6, a11ow!ng for
placement of deeds in escrow.
pLease noE,e Ehatr Ehe form dicch easement prowided to us
references the ward. Reynolds DitCh as the grantee, whereas
paragraph 15 of Resolution No. 2oo3-89 states thaE an easement to
trhe river is to be ded.icated to Viard Reynolds and also to the
Goldman Ditch Pump and Pipeline company. It is not clear to me
from the water rilnts documenLs provided whether the diuch, from
the point of diversion Eo the Goldman Pump site, remains a
="p.rlt" structure f rom tlre Ward and Relmolds Ditch, thereby
requiring t,he grant of an easement for the ditch pump site and
pipel-ine, ="p.tutely, to the Goldman Ditch Pump and Pipeline
l-3 - The SIA needs an additional- paragraph on f j-re
protectj-on. Paragraph 8B of Resofution No. 2O03-89 contains
specrfic requirements regard.ing Burning Mountain Fire Protection
District's approwal of the Gilead Garden system' It appears'
therefore, that the form paragraph "Compliance wit'h Fire District
Reqr.iirements,, should be incorporated into the body of the SIA'
amending the first sentrence to state that Gilead Gardens is
wiLhin the Burning Mountain Fire District, and the second
sentence to staLe t.hat the owner shalI comply with the
reguirements of t,he district. rt may be appropriat.e to attach che
BMFPD }etEer as an Exhibit D to the SIA. Do we know if Burning
Mountain reguired pa)rment, of an impact fee? I assume that the
DisE.rictr did not ieguire an inclusion fee and that, lherefore,
subparagraph "g" can be removed
!4. Paragraph 5, fnd.emnity, l-ine 7, Lypo, i'€' "County's'"
Fred ,Jarman
Novemlf,er 29 , 2oA5
Page 4
15. Road imPact
paragraph 7.
fee amounts need to be fiI1ed in in
16. ParagraPh 8,
filIed in.
Fees in l,ieu ior schools, needs to be
l-7. Paragraph l-1 regarding building permits
reference needs tL Ue to Exhibit C, and the material
the Exhibit needs to match the pertinent condj-tions
18. ParagraPh 13, Line 2, Page
art "Preliminary Plan apProval - "
7 , need.s to use the term of
L9. Paragraph L2, Enforcement, please use t'he iatest
paragraph, as follows:
In add.ition to any right's whj-ch may be
prowided by Cotorado Statute, the withholding
of Building Permj'ts and Certif icates of
occupancy provided for in paragraph
-'abo.rl, and the provisions for release of
security, detail"a it paragraph
-
above' itr
is mutually agreed by t'he BOCC and the Owner
thatr the sbcc, witholt making an electj-on of
remedies, or any purchaser of any lot within
Gilead Gardens shaIl have t'he authority -uo
bring an action in the Garfield County
DistricL 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 certifieaEes or tro
wi'uhd.raw and use security' Nor shaIl this
paragraph or any other provision of thj-s
agre-menL be intrerpreted to permit the
purchaser of a lot to file an action agrainst
the BOCC
20. ParagraPh 13, Consent to
Jatest form ParagraPh as follows:
Vacate Plat, Please use the
In the event the owner fails Eo comply
with the terms of this Agreement, t'he BOCC
shal1 hawe Lhe ability to vacate t'he Fina]
and COs: The
conta.ined in
of approvaL.
form
Fred Jarman
Novemlcer 29, 2005
Page 5
21.
f oIl-ows:
22.
follows:
Plat as it pertains to any lots for whrch
building permrts have not been issued' As to
lots for which buildrng permits have been
issued, the plaL shall not be vacated and
shall remain valid' fn such evenL' the Owner
shall provid.e the BOCC a survey' Iegal
description and plat showing the location of
.rry po-ttion of t-f,e Final Plat so vacated and
shall record the plat in the Office of the
Garfield County cllrk and Recorder' If such
plat is not rJcordea by the Owner' t'he BOCC
'*"y .r..ra" the p1at, or portions thereof ' bY
Resolution.
Paragraph L4, please use the latest form paragraph'd.b
ctE
Notice by Recordation' This Agreement
shaLl be recorded in the Office of the
Garfield County C1erk and Recorder and sha11
be a covenant iu:'nning with title to all lots I
tracts and parcels within Gilead Gardens '
Such recording sLrall constitute notice to
prospective purchasers or other interested
parties as Lo tshe terms and provisions of the
Agreement -
Paragraph 15, please use the latest form paragraph'
Successors and' Assigns' The obligations
and rlghts contained herein shatl be binding
uPon ind inure to the benefit of the
successors and' assigns of the owner and the
BOCC
23. Paragraph !6, the noEice paragraph' needs to properly
refer to the owner as *BBD Trust.,, Both trustees, name should be
includ.ed on the second. line- since the owner and the Devel0per
arethesameint'hisslA,thenoEicelinesforaseparate
Developer can be removed (please see paragraph 2 above, and
palagraphs2and35intheoeclarationsectionofthisMemo.)
Fred ,iaz-tnan
Novernber 29, 2005
Page 5
24.
Trust,
(Di rro. )
The signature
by each of the
lines need Eo show
co-tfustees, David
execution bY the
and Renee MrIier
25. The' f orm paragraph 'e-nLitled "section
OeAication and Conveyance in Lieu of Payment of
is inapplicable to this SIA and can be removed'
25.ExhibitCneedstobeamend.edtomeettherequirements
of Resolution No. 2OO3-89 ' Specif ically' were ' sit'9 speci f ic
geotechnical studies required toi thrs subdivisioriZ There are a
ser,ies of geological hazard mitigation measures in paragraph 3 of
theResolution.Paragraph3AoftheResolutionreferences
'.foundaEions, floor slabs, under drain system, site grading'
surface dralnage and pavement sub-grade-" rn t'rre last paragraph
of Exhibit c, the brackets should be removed' from "and radon gas
testing has been completed" because radon testing is a condition
of approval for Gilead Gardens '
Declaration of Protective Covenants an'd HOA
l-. We generallY receiwe .as well as Articles of
The Articles, f h the SecretarY of State
4294 ImProvement
Road lmPact Fees"
01, reference BYIaws in Article 5, ParagraPh 6
properlY show that the HOA is a different entitY
E,
Y.{
f.i'"IncorPoraEion -
in March of 20
The Articles do
from the Trust -
2.Basicguestion:TheDeclarantisidentifiedaS"BBD
TrusE, a Trust.,, The Resolution in paragraph 2c asks that the
t*f
=rHi;="**::**-i**+:ir*"*":r':;:'":::i;i*,,-$;l';["
the TrrrsE. If tLrere is a division in title' the De
needs to crarify that the Lots owned =.p"t.a"rv by the Millers ' '
and not the tmst, are incrud.ed in the propert,y covered by Lhe {Declarations.
- , {-h
NoTE: The sIA is d.rafted aS if the Trust olvTIS "11- ".=- :l: .olx
l;"i-i.";:"ffi l:":h "Ji"il#;"J;" ":'JH;;EJ:;i%:",5 ;: drrLr'#
NoTE: Also, the Millers will have to sign the SIA and the
Fina}P}ataSowTlers,alongwithexecutingtLredoglmeltsinthe
their fid,uciary capacity on behalf of the Trust, if the Millers
owTlsomeofthepropertyaSind.ivid.ualsandnotastrusLees..
By1
Fred rTarman
November 29, 20Os
Page 7
3
the S
permit
4
reques
ADU'S,
Resolution?
Articl-e I
eptember 15,
ted. Are Lots correcL
ATt:.C1C IIIB
aragraph of
IfB states, consistent with the Minutes from
2oO3 BOCC hearing, that ADU's will be
ted
number is,
5- Article IIID allows for a zef :.ip4. ",'"oof"height re
This is inconsisEent with ARRD,'- Sectaon 3.02.0
subparagraPh also dictaLes the number, size and bath
parameters consisLentof "out-buildings-"
Building Code?*
ion as
clarifYing that
The e 10n
striction.
7. The
facilitieswith theAre these
6.ArticlelllEreferencesthecommonareasaseasements,
not fee ownerstrip- The srA and conveyance documents need to
properly reflect ti.i= choice by the Oeclarant' (See par?ranh !2' ''."'
p.gl s tr tne srA section of this Memo') E. u4absu&LQe/'
include a Plat Notrer an
7 . ArE,iClC IIIF and Artric1e IIE are now cons ,L, as
required by ParagraP h II of the Resoluiion's 6 Fina1 Plat
theaccordance with PaqagraPh
iKe- ga,uJsu-.u2 {+a , .lbl
$,k)[* fW -F*dz fo
rt riiodra be helPful to
/:" ot,
d4*4,h
sLate that,8.
ornmit,tee aPProval is not re quired, thealthough
Code does.reguire a grading /excavation 'Garfield
permiL. *
g.Article IVC, Building Envelopes:- a) Are the building
envelopes still burdened with portions of the pond easements on
the Final pl-at? Is this ok?; b) Is Ehe 40% slope limitat'ion ok?*
10. Article fVF, pages 5 through '7: I did not review Lo t'/
determine if the Build.ing toae is implicated in trhe "General Ed\
Reguirements." If so, the Building Cod'e will control over lhe
Declarations*
1].. Article fV, paragraph 5, tyipo: a parenthesis is
missing after the word "tradesman" '
t2. Artricle VF, Paragraph '{i
the Declaration match the Sign Code?*
ttrBArtrrcf e. 'd=gf,
architecY:Ea1 c
county /u:.fding
A)o
r*
structuredefint
02L, no0
Do the sign resLrictions in
FreC ,larman
Novernber 29, 2oo5
Page 8
1-3 - Article
restrictions match
Minutes contain a
fencing out cattle '
a4- Article
limitations ProperlY
Resolution-
zoning regul ations?*
,rte /
Are ttle drainage
See ParagraPh 3Bii of the
?
,#' -ri:il?:"n1"'"1*""a"t1J"""n".'nl"'i;lZ y
discussion of af'' use of barbed-wire f or
eA
?i^l Q*"rfeet
thin
IV,I
,t
^\.15. Art'icle I1IF, paragraph- 10 regarding towers
antenna: The i-nf ormation is- replated on page 13 in Article
AIso, does the height restriction of no "higher than th=ee
above the highest roof rln"-or the dwellin! house" fit' wi
15.Artic1eVB:Doest'helimitationondomest'icanimals'
march WelI permit No. 562L7-i as required by parag=.tpf',Ze of the
Resolut'on? AIso, is rherl a f ii wit.h lirL State Engineer's
}etter d'aEed June !2, 2003,
--"
'"q,ired-by paragraph 2D of the
Resolurion? Pn ^, lefr'",'
:-7. Article VE regarding mining
the rights of holders of severed mineral
Uy parJgraPh 2E of the Resolution'
is now made subject to
interestrs, as required
18. Art'ic1e \rF on the d'omestic water system reierences
trwo weI1s. Did Building & Planning receive Wel-] Permit No'
5g5t_5? was this well consLructed? I; it, appropriate t'kraE'585L5
contrors over 0562!7 -F?
:uctreor .f"Jdn.;'{''
v1's "t\'
.
" *j. I :;en r s ?"=:"i::1", i irr .
o'
ro' l;. :"ff'1':T""J': :^ltiTi: i: @-
paragraph F2, regarding irrigation match-.the requiremer
west Divide contract and plrmit No. 58515? what about the'-
reguiremenEs of 0562L7-F? Is the 1'O0O square fo3c .Per dwelling
uniE ..or not more than zooo square reei Per Lot" limitation
correctlY stated?
20. Artric1e VG regard'ing the , -non-poLtable
irrigation
water system recites t.hat rh;-;t=lem will be owned, operated and
maintalned. by the Associ"cion. since this irrigaLion system has
been installed, the bil-} of- sale or other conveyance documents
should be provided at Final Plat- (see paragraph 11' Pages 2 and
3, SIA section of this Memo')
stated1y
22.
Road 335
Article
correct?
Fred Jarman
November 29, 2005
Page 9
2L. Article Wl: it. aPPears that
IV should be to Articl"e VIIA'
the reference to Article
the temporanf structure Provision
Is the Phrase "a single Pressure
VI: Is the gLaLement of access from County
the l-8 montrh const:'uction timit
23- Article VJ: Paragraph J declares thaL the tra'i1'
parkandrecreationareaareowned''operaEedandrnaintainedby
EheAssociation-Aga'in,weneedtohaveeasementdeedsforall
of these land "t"at' What is the orecreation area?"
24- Articl-e VK: Paragraph 2G of the Resolution asks that
this paragraph be ,,c1arifi.i.,- Hunting or other discharge of
firearmsisnowpermittedby..RuleandRegu]ationsAdoptedbythe
Association. "
25. Resolution paragraphs 2H "ld 2T ask for attachment
of exhibits. There no longe-' tpp"'= tro be references to the wild
lif e brochure (Articl-e v, par-a-gt"Pl f '.. ptgt" 13-14) and weed
invenrory (Artic,e v, p"=.grIpr, itzi)exhibit= it' Article v of the
Declarations.
26- Article VIB: Does
match the Building Code?*
27 - Article VIIC: Does
match the Building Code?*
28.
dosed zole"
Article VIIA5
correct?
29 - Article VIIA3: Is the requirement of 4 bedrooms for
a single family dwe1ling ""Jz bedroorns for an ADU correct?
30-ArticleVIIASandArticleVIIB3:Eaehsectiongrants
Garfield Counuy the right to enter the subdivision and implement
and enforce trhe provisions of the. rsDS Design and Management
Plan.TheCounty,asamatterofpolicy'doesnotwanutobein
this enforcement role' Ths BOCC's policy would b"'p::="rved if
t'helanguageintheDeclarationsischangedfrom..sha}lhawethe
righttoenterupon.,,to.'shaI].havetheright,butnotthe
obligation, to entrer uPon
31. The reguiremen'us of t'he Resol-ution'
regarding geological hazard miuigation measures are
paragraPh 3,
not rePeated
F'reci Jarman
November 29, 2005
Page 10
in the covenants. rf they are on the P1at, is that enough
notlce? PJease see the discussion in the BocC's MinuLes'
attached, and. paragraphs 2 and 3 of the Resolution'
32. Resolution, paragraph 4, requires
water sysEem. Do the references in Article VF
regarding cross connecEions, apply?
a looped
TO 5 CCR
centra]-
1003 -l-,
33. Resolution, paragraph 9 " has specific requiremenLs
regarding weed rnanagement. Article \IR' pages 14-15- deafs with
weed management. Paragraph R3(d)lays out the lot owner's
responsibil:-ty, and sr:lJparagraph m (e) lays out ttre
Associatrion's responsibility as to corlmon areas' roads and
easements, consistent with iaragraph 9 A iii of the ResoluLion'
Howewer, there is no indication in the covenants of the HoA',s and
owner, s responsibility to engage in weed managemenL prior to Lot
sale. IE appears trr-at \gafy -spruge is. the ma'ior issue' Does
Steve Anthony need to be l.r.ro -i+rU-, 4|9?u4'"N' i64/-{L?-
34.Resolution,paragraphzoc,hasspecj.ficreguirements
as to the feeding of ,:.fa waierfow]. There is no paragraph
regarding Ehis in the Declarations. However, Article vP refers
Eo a brochure and Article vQ allows for enforcement penalEies'
Article V would be the appropriate place for additional language
regarding water fowl - Note Lfrrt, trash containers are dealtr wiEh
in Art,ic1e V, ParagraPh L.
19
4
35 There is a signature line for each of the co-.
trustees as the Declarant is identified as the Trust 'Please see
the guest.ion above in ParagraPh 2 regarding whether or noL the
Millers hol-d title to anY of the lots in their individual names'
35, One way to hand'l-e conflicts between the Decs
County zoning, subdlvision, building code, sign code, etc' i
includ.e a separate paragraph along the lines of the following
Compliance with Law' Notwithstand'ing any other
provisioncontained.hereinand'subjecttot,herightof
reasonable contest, Lot Owners shaIl comply with
applicable federal, state and' loca1 laws' rules and
regulations with respect to the'Property' such law
includes, without limitation, federal environmental
Statutres and regulations, Colorado Depart,ment of Public
Health and Environment statuLes and regulations, and
Garfield.CounEyzoning,subdivision'buildingcode'
and
sto
M:*
&.
Fred Jarman
November 29, 2OC5
Page 11
individual sewage disposal system' and road and right-
of-way use regulatory enactments ' In the event of
conflict between applicable laws' rules and reg'ulations
and these Declarations' the more resErictive shall
apply and, in any event' the prowisions of these
DecLarations sha1l not contravene cond'itions of
subdiwision approval by Garfield County or wiolace the
Garfield County land use and build'ing cooes lrrd other
applicabl-e resolutions, ordinances and regulations'
oEnc roach:nent Agreegtent"
l.Theform.'App}icaEionandPermitforPre-Existing
rnstal]ation(s) Encroaching in a Public Rightr-of-way' section
3.2.4 Road and Right-of -Way Use Regiulation" is oK'
2- Do you have a signed copy in the Building and Planning
fil-e, or was an original given to-ihe noad and Bridge Department?
The application requires presentation . of a Certificate of
Insurance to Road and Bridg"'b"fot" Ehe Permiu is issued' Have
you had any contact with 'fake MaII on this matter?
Miscellaneous
1. UPdated Certification of
was for Tax Year 2003 '
Taxes Due is needed' Last one
2- ParagraPh
screening Plan
18 of the Resolution requires
Has SLeve Anthony resPonded
a landscaPing
to you on this
and
yet?
T : \MyF r Ie s \ PtaN\cpR-LEs \FredJajnoan r4emo L?d
BOUNDARIES
UNI-TMITED INC.
Givil & Gonsultin$ Engineers
JuJy 24,2006
Mr. Fred Jarman
Assistant Pl anning Director
144 East Third Street
Rifle, CO 81650
RE: Gilead Gardens Final Plat Review
Response to Carolyn Datrlgren Memo Dated November 29,2005
Dear Fred:
I have prepared in the same order presented in Carolyn's review memo a response
addressing each of her recommendations or concerns.
Subdivision Improvements agreement
The latest County SIA form was completed which addressed many of the comments in
this section.
Declaration of Protective Covenants & HOA
1. A copy HOA By-Laws are attached.
2. "BBD Trust, a Trust" is sole owner of entire Subdivision
3. Five ADU'5 were requested and approved at Preliminary Ptan hearings. Lots 1,
2,3,8, &9 arethe designated lots for ADUs and are identified on Sheet 2 of the
Plat under the Lot SummarY table'
4. Last sentence of Article III B does states that the structures are detached. The
referenced County Code section number is corrected to 5.03.021.
5. Article III D - The Outbuildings height restriction has been corrected to 25 feet.
6. Article III E - The wording regarding Common Space has been clarified in
Covenants and on the plat. The word "Recreation" has been retnoved from both
the Covenants and the Plat.
823 Blake Avenue lSuite 102 lGlenwood Springs lColorado 81601 lPh:970.945'5252 | Fax:97O'384'2833
July 24,2006
Mr. Fred Jarman
Gilead Gardens Final Plat Review
Page2 ol4
7 Plat note is now consistent with Covenants Article III F and Article V E
regarding Mineral rights. The Plat includes the note in accordance with
resolution 1Z F with-the exception of the last sentence regarding drilling within
160'ofahouse.
8. Article IV B - Architectural committee approval is required for
grading/excavation on a lot.
g. Article IV C - Building envelopes on Lots 8 & 9 are adjacent to the pond
easement (no overlap) as shown on the Plat. No slopes exceed 40o/oin any of
the building envelopes.
10. As per Carolyn's suggestion, item 36 (below), the Compliance with Law
paragraph was added to the Covenants
11. Article IV B p5 - Parenthesis has been added after the word "tradesman"
12. As per Carolyn's suggestion, item 36 (below), the compliance with Law
paragraph was added to the Covenants
13. Article IV F p6 a - Stranded fencing has been corrected to comply with DOW
recommendations.
14. Article IV F p8 - Resolution 3Biii has been added to Sheet one of the Plat.
15. Article IV F pl0 - added verbiage states that "and not exceed maximum heights
defined by Ctunty Code and ut ptt Carolyn's suggestion, item 36 (below), the
compliance with Law paragraph was added to the covenants.
16. Article V B - According to a letter dated April4, 2006, from the State Water
Resource Engineer addressed to Fred Jarman (letter will be attached as an
exhibit to the Covenants), it appears that the limitation of 3 horses or other
acceptable livestock periot, toiating 2l for 9 lots, complies to the conditions of
the well permit. Forilarification, the paragraph has modified accordingly.
17. Article V E - The suggested language regarding mineral rights by Fred-Jarman
for Plat note 1 1. will ieptace the existing language with the exception of the last
sentence regarding drilling within 160' of a house.
18. Text Article V F - The water system, as approved by the State, consists of one
well (permit No. 056217-F). The second well is not part of the central domestic
water system and it will either be abandoned or used for replacement of pond
evaporation water.
July 10, 2006
Mr. Fred Jarman
Gilead Gardens Final Plat Review
Page 3 of4
19. Article V G - The irrigation limitations paragraph has been corrected and refers
to the correct well Permi t 056217 -F anA^comltils with irrigation *u1t' allowed
by the well permit and the west Divide contract. The 1,000 square foot per
dwellingunitistheallottedamountofirrigationwatgr.
20. Article V G - A copy of the Bitl of Sale forthe irrigation system to the HOA is
attached.
21. Article V H - reference has been corrected to Article VII A'
22. Article V I - The Primary Access statement has been clarified'
23. Article V J - Easement deeds for the trail & park easements will be prepared for
conveyance at Final Plat. There is no designated recreation area and the word
"recreation" has been removed.
24. Article v K - This section regarding Hunting & wildlife has been divided into
two sections -I. Wildlife Mitigation and IC Hunting
25. The application requests that Resolution 2[bemodified as stated in v P of the
Covenants where it references to the current Wildlife Brochure publication in
effect at a particular time. The weed inventory referenced by Resolution 2I will
be referenced to (v R 2) and attached as Exhibit A to the covenants'
26. Article VI B - This statement has been modified'
27. Article VI C - This statement has been modified
28. Article VII A 5 - Yes, the Phrase "a single pressure dosed zone" is correct'
However for clarification this paragraph has been modified.
29. Article VII A 3 - This Item has been omitted'
30. Article vII A 5 - Language modified to say "...shall have the right, but not the
obligation, to enter uPon. '."
31. The geological hazard mitigation measures referred by paragraph-3 of the
resolution are now included in the Covenants in V S and on the plat'
32. The plans of the central water system show a looped system with no dead ends'
There are no cross connections tetween the cential domestic water system and
the irrigation water sYstem.
luly 24,2006
Mr. Fred Jarman
Gilead Gardens Final Plat Review
Page 4 of 4
33. Article V R 3 f. has been added to the covenants dealing with the responsibility
of weed management of Lots prior to their sale. Steve Anthony claims that no
leafy sprug. *r apparent on site and verifies that the Owner has already
impie*ented the weed control on the site prior to Final Plat per the guide lines.
34. A third subsection "3" has been added to Article V K regarding water fowl.
35. "BBD Trust, a Trust" is sole owner of entire Subdivision as stated above in
Item2.
36. As per Carolyn's suggestion Section F, the Compliance with Law verbiage was
added at end of Article XI.
Encroachment Agreement
The Encroachment Agreement is acceptable. A Certificate of lnsurance will be provided
prior to recording of the Final Plat. Jake Mall agrees with the attached response letter
addressed to Road and Bridge dated July 7, 2006
Miscellaneous
l. 2005 Property Tax Certificate is attached.
2. Steve Arrthony's atteached letter Memo, dated July 7, 2006, approves the
landscaping and screening Plan.
Please feel free to contact me with any questions you may have.
Sincerely,
BOUNDARIES INC
D.
Project Manager
CC David & Renee Miller
Dan Kerst
4 {,rr"/ Dr^"-r
)Ploy' 4 6uo r')
GILEAD GARDENS
SUBDIVISION IMPROVEMENTS AGREEMENT
Page 1 of10
r//r
THIS GILEAD GARDENS SUBDIVISION IMPROVEMENTS AGREEMENT
("Agreement") is made and entered into this aq day of 2007,by
and between BBD TRUST, A TRUST, David J. Miller and Miller, Trustees ("Owner")
and the BOARD OF COI-INTY 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, Owner is the owner and developer on the Final Plat of Gilead Gardens
("Final Plat"); and
WHEREAS, on 15th day of September,2003,the BOCC, by ResolutionNo.2003-89,
approved a preliminary plan for Gilead Gardens which, among other things, would create nine 9
single-family residential lots; and
WHEREAS, as a condition of approval of the Final Plat of Gilead Gardens, submitted to
the BOCC for approval as required by the laws of the State of Colorado, Owner wishes to enter
into this Agreement with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the
BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to
certain restrictions and conditions regarding the sale of properties and issuance of building
permits and certificates of occupuulcy, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final
Plat of Gilead Gardens, on the date set forth above, subject to the terms and conditions of this
Agreement, the Preliminary Plan Approval, and the requirements of the Garfield County zoning
and subdivision regulations and any other governmental or quasi-governmental regulations
applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in
accordance with this Agreement and at the time prescribed herein.
2. OWNER,S PERFORMANCE. Owner has constructed and installed, or shall
cause to be constructed and installed, at its own expense, those subdivision improvements related
to the Final Plat of Gilead Gardens which are required to be constructed under the Preliminary
Plan Approval, this Agreement, the Final Plat Gilead Gardens, and all Garfield County zoning
and subdivision regulations. Owner shall comply with the following:
a. All plat documents submitted prior to or at the time of Final Plat approval,
as well as all terms and conditions set forth on the Final Plat for Gilead Gardens,
all of which are incorporated herein by this reference;
Dave's MacBook HD:Users:Dave:Documents:Microsoft User Data:Saved Attachmerlts:SIA-8'24-07l4l.doc
DRAIT 7/18/06
Subdivision Improvements Agreement
Gilead Gardens
Page 2 of l0
b. All requirements of the Preliminary Plan Approval, .and all Garfield
County zoningand subdivision regulations applicable to this project;
c. All laws, regulations, orders and resolutions of the State of Colorado, the
County of Garfield,-and all special districts within which the Gilead Gardens may
be located;
d. All designs, specifications, drawings, maps, sketches, and other materials
submitted by Owner and its engineers in furtherance of the application for the
approval Giiead Gardens, as heretofore approved by the County.
e. All Improvements shown on the Gilead Gardens Construction Plans
prepared by Boundaries Unlimited and submitted to Garfield County. Said
Improvements are shown on the Engineers Estimate attached to and made part of
thisAgreementbyreferenceasExhibit"A",including:
i. Potable and raw water supply and distribution system for Gilead
Gardens;
ii. Internal roads, specifically Harvest Lane &, Garden circle;
iii. Drainage features;
iv. Irrigation water distribution system for Gilead Gardens;
v. Bike paths and landscaPing;
vi. Utility structures, including electric, and telephone,
f. payment of all fees required by the County and/or other governmental
authority(ies) or special distriit(s) with jurisdiction, as may be required for
installation of the Improvements'
g. All such Improvements shall be completed on or before the end of the first
full year fo,llowing execution of this Agreement'
The County agrees that if all required Improvements are installed in accordance with this
Agreement; the requiLments of the Preliminary Pl* Approval; the Final Plat documents; the
urlbrrilt drawings to be submitted upon completion of the Improvements as required by
paragraph 3 (a)iiv) below; and the requirements of the Garfield County zoning and subdivision
i.giutiorr, urrd uil other requirementJ of this Agreement, then the Owner shall be deemed to
have satisfied all terms and conditions of the ,orrittg and subdivision regulations of Garfield
County, Colorado with respect to the installation of Improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Improvements Security. As security for Owner's obligation to complete
th" I11p-i.r*otr,6[ua Gardens shall be secured by delivery of a Treasurers
Deposii Agreement (TDA) in a form acceptable to the BOCC, attached to and
incorporatJd in this Agreement by reference as Exhibit "8", in the amount of
S14,6j0.00 from the Owner to the-3OCC (Gilead Gardens Improvements TDA")'
Subdivision Improvements Agreement
Gilead Gardens
Page 3 of 10
The Gilead Gardens Improvements TDA Treasurer's Account shall be in the
amount of $14,630.00, representing the estimated remaining construction costs
(plus 10%) and u, uppror.d by the BOCC the remaining estimated cost of
completing the Improvements; ai set forth and certified by Owner's Engineer on
Exhibit ..A", to guarantee completion of the Improvements. Disbursement from
the Gilead Gardens Improvemertr tpA Treasurer's Account shall be made by the
Treasurer upon the written direction of the Bocc, as follows:
i. Request for Review and Approval. Upon com_pletion of construction
of Improve*..rtr,-u, d.f."d in-ihis Agreement, Owner shall provide a
certification of final completion of Improvements signed by Owner's
licensed engineer, along a written request for release of security.
ii. Deficiencies. If the Board of County Commissioners refuses
upprorul of th"-*gineer's certification of approval, the BOCC shall
piovide written noti-ce of deficiency in substantial compliance with the
provisions of paragraph 2. of the sIA, and owner shall correct the
identifi ed deficiencies.
iii. Single Request for Disbursement. This Deposit Agreement does not
proria@ases or disbursements from the Gilead
Gardens Improvements TDA Account. one (1) final disbursement shall be
requested by owner, upon completion of construction of Improvements.
Owne, specifically recognizes and agrees that partial releases of the Letter
of Credit, does not apply to this Deposit Agreement'
iv. Request for Disbursement/Release. owner shall request
disbrrr"rr"nt by -"ut t of u *ritten "Request for Disbursement," addressed
to the BOCC and delivered to the Garfield County Building and Planning
Department. The Request for Disbursement shall be accompanied by as-
built/record drawings if tn. Improvements, stamped by Owner's engineer
and by owner's .rrgir."r'. certification of completion of Improvements,
certiffing that all funprovements have been constructed in accordance with
the requirements of paragraph2.e.
,S Upon review of the
if the BOCC aPprovessubmittals required by subparagraph iv., above,
its "AcknowledgmentOwner' s engineer certification,the BOCC shall issue
of Satisfaction and Direction to Treasurer", in a form substantially similar
to that document attached to and incorporated herein by reference aS
"Exhibit C".
vi. BOCC's Completion of Improvements. If Owner's completion of
Irnpror.r*nt, i, dErn.d-rn.d .r*atisiactory, in the sole
.
discretion of the
gdCC, within the period of time defined in Paragraph vii., below, or if the
BOCC determines that Owner will not or cannot complete the
Subdivision Improvements Agreement
Gilead Gardens
Page 4 of l0
Improvements under the SIA, the BOCC may withdraw and employ from
the Gilead Gardens Improvements TDA Treasurer's Account such funds as
may be necessary to carry out construction. If funds are inadequate,
responsibility to complete remaining Improvements shall be that of the
Owner, not the BOCC. If the BOCC elects to complete the Owner's work,
expenditure on the effort shall be no more than the principal amount of the
Gilead Gardens Improvements TDA Treasurer's Account, plus interest, if
interest is due Owner, and minus interest, if interest is due to the Treasurer,
under terms of Paragraph II., above. If the cost of the work to the BOCC is
less than the amount available, the BOCC shall return the overage to
Owner within a reasonable period of time following completion by the
BOCC.
vii. Term. The term of this Deposit Agreement shall begin on the date of
execution, as defined below, and end on or before the completion date pltrs
six (6) months, as expressly defined in this Agreement. Waiver. Consent
and Indemnitv. Owner consents to the disbursement procedure and other
actions authorized and provided for by the terms of this Deposit
Agreement. 0wner waives any claim against the BOCC, its officers,
employees, agents and contractors, and the Treasurer on account ofeach of
their good faith perfolrnance of their obligations under this Deposit
Agreement. Owner shall defend, indemniff arrd hold harmless the BOCC,
its officers, employees, agents and contractors, and the Treasurer from and
against any claim made on account of this Deposit Agreement.
b. Reveeetation Security. Revegetation of disturbed areas in Gilead Gardens
shall be secured by delivery of a Treasurers Deposit Agreement (TDA) in a form
acceptable to the BOCC, attached to and incorporated in this Agreement by
reference as Exhibit "D", in the amount of $6,360.00 from the Owner to the
BOCC ("Gilead Gardens Revegetation TDA"). The Revegetation TDA shall be
valid for a minimum of two (2) years following recording of the Final Plat.
i. Upon establishment of vegetation, the Owner shall request review
of the revegetation work by the Garfield County Vegetation Management
Department, by telephone or in writing. Such review shall be for the
purpose of verification of success of revegetation and reclamation in
accordance with the Garfield County Weed Management Plan 2000,
adopted by Resolution No. 2002-94 and recorded in the Office of the
Garfield County Clerk and Recorder as Reception No. 580512, at Book
1251, Page 566, as amended, and the Revegetation/Reclamation Plan for
the Subdivision submitted as part of the Final Plat Documents.
b. Following receipt of written approval of the Vegetation
Management Department, the Owner may submit to the BOCC,
through the Building and Planning Department, a written request for
release of the Revegetation TDA, along with certification of
Subdivision Improvements Agreement
Gilead Gardens
Page 5 of 10
completion by the Ovtmer, or Owner's agent with knowledge, and a
copy of the written approval of the Vegetation Management
Department.
c. If the Vegetation Management Department refuses approval
and provides written notice of deficiency(ies), the Owner shall cure
such deficiencies by further revegetation efforts, approved by the
Vegetation Management Department, as such may be instituted within
the two years following recording of the Final Plat.
d. If revegetation efforts are deemed unsuccessful within the two
year period of time, in the sole discretion of the BOCC upon the
recommendation of the Vegetation Management Department, or if the
BOCC determines that the Owner will not or cannot complete
revegetation, the BOCC may withdraw and employ from the
Revegetation TDA such funds as may be necessary to carry out the
revegetation work, up to the amount of Revegetation TDA.
e. In lieu of or in addition to drawing on the Revegetation TDA,
the BOCC may bring an action for injunctive relief or damages for the
Owner's failure to adhere to the provisions of this Agreement related
to revegetation. The BOCC shall provide the Owner a reasonable time
to cure any identified deficiency prior to requesting payment from the
Revegetation TDA or filing a civil action.
f. It is specifically understood that the Revegetation TDA is not
subject to successive partial releases. Further, the Revegetation TDA,
and the Bocc,s associated right to withdraw funds and bring a court
action, may survive final release of the TDA(s) and/or termination of
this Agreement.
c. Recording Final Plat. The Final Plat of Gilead Gardens shall not be
recorded until the security described in this paragraph 3 has been received and
approved by the BOCC.
4. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the
BOCC for any residences or other habitable structures located and constructed within Gilead
Gardens, Owner shall install and connect a water distribution system for potable water in
accordance with approved plans and specifications. 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 Final Plat. Conveyance of the system(s), including real and personal
properly iriterests, from the Owner to the Gilead Gardens Homeowner's Association
("GGHOA") shall be in accordance with Paragraph 10, below. If a third party water entity
requires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is
in effect.
Subdivision Improvements Agreement
Gilead Gardens
Page 6 of10
5. IRRIGATION DITCH, PONDS, PUMPS, & PIPELINE. Prior to issuance of
any certificates of occupancy by the BOCC for any residences or other habitable structures
located and constructed within Gilead Gardens, Owner shall install ditches, ponds, pumps and
pipeline supply system for irrigation water in accordance with approved plans and specifications.
Ail 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 Final Plat. Conveyance of
the system(s), including real and personal property interests, from the Owner to the GGHOA
shall be in accordance with Paragraph 10, below.
6. PARK & TRAILS. Prior to issuance of any certificates of occupancy by the
BOCC for any residences or other habitable structures located and constructed within Gilead
Gardens, Owner shall complete the park and trails in accordance with approved plans and
specifications. All easements and rights-of-way necessary for installation, operation, service and
maintenance of such trail system shall be as shown on the Final Plat. Conveyance of the
easements from the Owner to the GGHOA shall be in accordance with Paragraph 10, below.
7. PUBLIC ROADS. All roads within Gilead Gardens shall be dedicated to the
public as public rights-of-way. Road rights-of-way shall be dedicated by the Owner and
accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The GGHOA shall
be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the
traveled surface of the roadways and portions of the rights-of-way outside of the traveled
surface. The BOCC shall not be obligated to maintain any road rights-of-way within Gilead
Gardens.
8. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in Gilead Gardens, all road rights-of-way within Gilead Gardens, whether public or
private, shall contain rights-of-way for installation and maintenance of utilities. Public utility
easements shall be dedicated by the Owner and accepted by the BOCC, on behalf of the public,
on the face of the Final Plat. The GGHOA shall be solely responsible for the maintenance, repair
and upkeep of said public utility easements, unless otherwise agreed to with the public utility
company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any
utility easements within Gilead Gardens. In the event a utility company, whether publicly or
privately owned, requires separate conveyance by deed or otherwise, Owner shall also convey
utility easements by separate document.
9. FIRE PROTECTION SYSTEM ACCESS. Gilead Gardens is within the
Buming Mountain Fire Protection District ("BMFPD") and the owner shall comply with the
requirements of said District. The fire protection system access easement is for the BMFPD's
benefit. The fire protection system access easement, as defined on the Final Plat, has been
approved by the BMFPD for the sole purpose of the BMFPD obtaining water for emergency fire
protection use as provided by attached letter. The BMFPD shall not be obligated to maintain any
pond components within Gilead Gardens.
10. coNvEYANCE OF PARK AND TRAILS, ROAD RIGHTS-OF-WAY,
WATER SUPPLY SYSTEM AND IRRIGATION SYSTEM. The Water Supply System,
Irrigation System, Park and Trails shall be conveyed by the Owner to the GGHOA by Bill of
Subdivision Improvements rrgreement
Gilead Gardens
Page 7 of 10
Sale at the time of Final Plat Approval. Easement for domestic water system, irrigation system,
landscape, park and trails, shali be conveyed by Deed at the time of Final PIat Approval and shall
be recorded following recordation of the Final Plat of Gilead Gardens.
11. EASEMENT TO WARD REYNALDS DITCH CO. ThE WATd REYNOIdS
Ditch Co. easement as depicted on the Final Plat shall be conveyed to the Ward Reynolds Ditch
Co. by Deed at the time olth" final plat approval and shall be recorded following recordation of
the Final Plat of Gilead Gardens.
12. INDEMNITY. The Owner shall indemniff and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation of the
Improvements and any other agreement or obligation of Owner related to development of Gilead
Gardens required pursuant to this Agreement. The Owner, however, does 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 notiff the Owner of the BOCC's
receipt of a notice of ciaim or a notice of intent to sue, and the BOCC shall afford the Owner the
option of defending any such claim or action. Failure to notiff and provide such written option
to tfre Owner 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.
13. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations,
a Road Impact Fee of Twenty Thousand Sixty-One Dollars and 63 cents ($20,061.63) has been
established for the residential units within Gilead Gardens. Owner shall pay fifty percent (50%),
i.e., Ten Thousand Thirty Dollars and Eighty-one cents ($10,030.81) of the Road Impact Fee to
the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The
remaining 50%o,i.e.,Ten Thousand Thirty Dollars and Eighty-one cents ($10,030.81), will be
collected pro rata, i.e., Eight Hundred Thirty-Five Dollars and Ninety cents ($835.90) from lot
owners each time a building permit issues for a residence within Gilead Gardens.
14, FEES IN LIEU OF DEDICATION OF SCHOOL LAND. ThE OWNET ShAII
make a cash payment in lieu of dedicating land to the RE-2 School District, calculated in
accordance with the Garfield County subdivision regulations and the requirements of state law'
The Owner and the BOCC acknowledge and agree that the cash in lieu payment for Gilead
Gardens is calculated as follows:
RE-2, $200.00 per unit
Total amount of cash in lieu payment: $200.00 x I2 units : $2,400.00.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, Twenty-Four Hundred Dollars ($2,400.00) as a payment in lieu of
dedication of land to the RE-2 School District. Said fee shall be transferred by the BOCC to the
school district in accordance with the provisions of $30-28-133, C.R.S., as amended, and the
Garfield County subdivision regulations.
Subdivision Improvements Agrooffi ent
Gilead Gardens
Page 8 of 10
The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligation, and
waives any ciaim that Owner is not required to pay the cash in lieu of tand dedication fee' The
Owner ugi.", that Owner will not claim, nor is Owner entitled to claim, subsequent to recording
of the Final plat of Gilead Gardens, a reimbursement of the fee in lieu of land dedication to the
RE-2 School District.
15. SALE OF LOTS. No lots, tracts, or parcels within Gilead Gardens may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
16. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. AS ONC
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
*y ,".id"rce or other habitable structure requiring a permit to be constructed within Gilead
Gardens. Further, no building permit shall be issued unless the Owner demonstrates to the
satisfaction of the Burning Mountain Fire Protection District ("District")thatthere is adequate
water available to the construction site for the District's purposes. Further, the parties agree that
no certificates of occupancy shall issue for any buildings or structures, including residences,
within Gilead Gardens until all on-site Improvements have been completed and are operational
as required by this Agreement. Owner shall provide the purchaser of a lot, prior to conveyance
of tfre lot, a s-igned "opy
of a form in substantially the same form as that attached to and
incorporated herein by reference as Exhibit"C",conceming the restrictions upon issuance of
building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval
and Preliminary Plan ApProval.
17. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy provided for
in paragraph 16 above, and the piovisions for release ofsecurity, detailed in paragraph 3 above,
it is mutua[y agreed by the BObC and the Owner that the BOCC, without making an election of
remedies, or any prr.hur., of any lot within Gilead Gardens 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 to withdraw and use security. Nor shall this
paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot
to frle an action against the BOCC'
1g. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it
pertains to any lotffir which building permits have not been issued. As to lots for which
tuilding permits have been issued, the plat shall not be vacated and shall remain valid. In such
event, tfr" O*r.. shall provide the BOCC a survey, legal description and a plat showing the
location of any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may
vacate the plat, or portions thereof, by Resolution.
tg. NOTICE BY R-ECORDATION. This Agreement shall be recorded in the
Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to
Subdivision Improvements rrgreement
Gilead Gardens
Page 9 of 10
all lots, tracts, and parcels within Gilead Gardens. Such recording shall constitute notice to
prospective purchasers or other interested parties as to the terms and provisions of the
Agreement.
20. 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 Owner and the
BOCC.
21. 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
requesied), in all cases addressed to the person for whom it is intended at the address or facsimile
number set forth below:
Owner:BBD Trust, A Trust
David J. & Renee T. Miller, Trustees
1577 County Road 335
New Castle, CO 81647
w/copy to represenlatives :
Dan Kerst
823 Blake Ave. Ste 202
Glenwood Springs, CO 81601
BOCC: Board of County Commissioners
of Garfield CountY, Colorado
c/o Mark Bean, Planning Director
108 Eighth Street, Room 201
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 contact administration and notice under this
Agreement.
22. 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 inparagraph 21 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
Subdivision Improvements Agreement
Gilead Gardens
Page l0 of 10
23. 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.
24. 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 Final Plat Approval for Gilead Gardens.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
Clerk to the Board
By:
Date
By:
Chairman
BBD TRUST, A TRUST
T
T. Miller,-Trustee
vid J , Co-Trustee
+t
-ottu),,
SrQ'
-\' ti' .'
-: ;' tir.J 1
'i",:j +{-..-
=i:,-_9'.,. PUBL\u ,.i,, .i
''r, -(a^"' "',',,,,"' -'ot'-s',,i.Of ;guC,-,,*+''l//l/l
t r,, r lr\\1\t's\nDate o1
Owner & Developer
STATE OF COLORADO
COUNTY OF Garfield CountY
Subscribed and sworn to before me by Da vid J. Miller and Renee T' Miller, Trustees, of
BBD TRUST, A Trust, Owner of Gilead Gardens, this &9 day of 2007
WITNESS my hand and official seal.
My commission expires: Q- l'l-ao'o
SS
)
)
)
Notary Public
Description
Domestic Water Supply
4" PVC Water Pipe - C900 - CL200 DR-14
2" Purecor Pipe
1" Purecor Pipe (services)
1 -1 12 Purecor Pipe (Well)
2" Corp Stop W/Saddle
SUBTOTAL
trri gation water/Fire System
8" PVC Pipe - C900 - C1200 DR-14
Steel Dry Hydrant
4" PVC Pipe - C1200 SDR21
lrrigation Pump 18' Vertical Tube
Gate Valves
1-112" PVC Services
Roads (Subgrade - Fill)
Road Base Placement
Aspalt Pavement (lntersection approaches)
Culverts
Pedestrian/Bike Path Prep
Pond Excavation & Misc. Grading
Pond Liner
Street Signs
Revegetation
Landscaping
SUBTOTAL
Other Utilites
Electric/Phone Tenching & Conduit lnst.
Electric Vaults lnstallation
Electric (Holy Cross Energy)
Phone
SUBTOTAL
TOTAL
10% Contingency of Remaining Work
GRAND TOTAL
EXHIBIT "A"
GILEAD GARDENS
ENGINEERS ESTIMATED COST FOR INFRASTRUCTURE
DATE:7-31-07
Aly Unit Unit Cost Cost
Separate
Complete Deposits Remaininq
$12,960
$58,140
$5,120
$3,320
$500
$80,040
$12,500
$500
$73,800
$3,000
$4,400
$7,500
$101,700 $o
720
3,420
320
830
5
$0
$o
$0
$o
$0
$o
$o
$o
$o
$0
$0
$o
$o
$o
5OO FT
1EA
1OO LF
1Ea
8EA
15 EA
4,
LF
LF
LF
LF
EA
$18.00
$17.00
$16.00
$4.00
$100.00
$25.00
$500.00
$18.00
$3,000.00
$550.00
$500.00
EA $7,000.00LS $7,000.00LS $28,000.00LS $12,000.00
$12,960
$58,140
$5,120
$3,320
$500
$80,040
$12,500
$500
$73,800
$3,000
$4,400
$7,500
$101,700
$7,000
$7,000
$28,000
$12,000
$54,000
$27,500
$20,000
$4,200
$2,000
$48,000
$48,000
$27,280
$700
$8,360
$e,600
$195,640
$5,400
$2,000
$36,700
$0
$44,100
$o
$0
$0
$3,000
$3,ooo
$0
$o
$o
$o
$0
$o
$0
$700
$0
$9,600
$10,300
$7,000
$7,000
$28,000
$9,000
$51,000
$27,500
$20,000
$4,200
$2,000
$48,000
$48,000
$27,280
$0
$2,000
$0
$178,980
$5,400
$2,000
$0
$0
$7,400
SUBTOTAL
PUMP HOUSE (Domestic & lrrigation System)
8000 Gal Underground Storage Tank
2 Domestic Pumpsl VFD Controls/Chlorinati
2 - 10 HP lrrigation Pumps/ VFD Controls
Pump house Building/VViring
SUBTOTAL
ROADS, TRIAL, & PONDS
5,500
1,000
20
100
4,800
8,000
62,000
4
4.18
1
$5.00
$20.00
$210.00
$20.00
$10.00
$6.00
$0.44
$175.00
$2,000.00
$9,600.00
$6.00
$500.00
$36,700
N/C
CY
TON
TON
LF
LF
CY
SF
EA
AC
LS
$o
$6,360
$6,360
$36,700
$36,700
$43,060
$o
$o
$0
$o
$o
9OO LF
4EA
1LS
1LS
$475,480 9,120 $13,300
$1,330
$14,630
ExHrBrr I
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
BBD TRUST, A TRUST
David J. Miller and Renee T. Miller, Trustees
FOT GILEAD GARDENS
WHEREAS, BBD TRUST, A TRUST, David J. MiIIer and RENEE T. MiIIET, TTUStEES,
("Owner"), entered into a 2006 Garfield County Treasurer's Deposit Agreement with the Board
of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield
County, Colorado ("Treasurer") dated and recorded as Reception Number
in Book at Page of the Real Estate Records of the Garfield
County Clerk and Recorder ( "Deposit Agreement"); and
WHEREAS, The Garfield County Vegetation Management Department has presented a
acceptance statement to the BOCC for the required revegetation is final and in accordance with
the Subdivision Improvements Agreement between the BOCC and BBD Trust, A Trust, recorded
as Reception Number
("sIA").
at Page
NOW THEREFORE, at the request of BBD Trust, A Trust and in consideration of the
premises and the prior agreements contained in the Deposit Agreement and the SIA, the BOCC
hereby:
acknowledges fulI satisfaction of the security requirements of the SIA;
authorizes disbursement of funds from the Treasurer's Account in the amount of
$6,360.00, resulting in a remaining balance of $ -0- ;
authorizes and directs the Treasurer to release the funds held in the
Treasurer's Account to an authorized representative of BBD Trust, A Trust.
I
2
in Book
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COI.]NTY, COLORADO
By:
John Martin, Chairman
Date:
J
ATTEST:
Clerk to the Board
EXHlBlT,,C"
SUBDIVISION IM PROVEMENTS AGREEMENT
GILEAD GARDENS
NOTICE REGARDING BUILDING PERMITS
AND CERTIFICATES OF OCCUPANCY
TO: ALL PURGHASERS OF HOME SITES WITHIN GILEAD GARDENS
YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not
commence construction of a residence within unincorporated Garfield County, including GILEAD
GARDENS, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision
lmprovements Agreement between Garfield County and BBD TRUST, A TRUST, David J. Miller &
Renee T. Miller, Trustees, Garfield County will not issue building permits for property in GILEAD
GARDENS, until:
1. The Owner/Developer has demonstrated to the satisfaction of the Burning Mountains Fire
Protection District that adequate water is available to the construction site for the Fire District's
purposes.
2. A site-specific geo{echnical study, completed by a registered Geo-Technical Engineer, has been
presented to the Building and Planning Department for review, along with a registered design
professional's certification that the structure design is based on the site-specific study.
3. The remaining 50% of the Garfield County Road lmpact Fee is paid by the party seeking the
building permit. Note: The owner/developer paid 50% of such fee as part of the subdivision
approval process.
_ Additionally, Garfield County will not issue Certificates of Occupancy for any structures within
GILEAD GARDENS, until all of the subdivision improvements have been completed and are operational
in accordance with the Subdivision lmprovements Agreement between Garfield County and BBD
TRUST, A TRUST, David J. Miller & Renee T. Miller, Trustees and radon gas testing has been
completed.
OWNER/SUBDIVIDER:
BBD TRUST, A TRUST,
By:
David J. Miller, Co-Trustee
By:
Renee T. Miller, Co-Trustee
The foregoing Notice was read and understood by the undersigned Purchaser of a home site
within , this _ day of _ 2006.
PURCHASER:
(Iype Name)
N :\PROJ ECTSV00 I \Ir,l iller\documents\FINALpLAT\Exh -B-CO^Noti ce.doc
[fype Address )
I
2OO7 GARFTEI,D COT'NTY IREAST'RER' S DEPOSTT AGREB{EIiIT
GILEAD GARDENS
Onner: BBD IRUST, A TRUST
David J. MiJ.J.er and Renee T. Mi11er, Trrrstees
RE\IEGETATION
TH]S 2006 GARFIELD COUNTY TREASURERS'S DEPOSIT AGREEMENT
GTLEAD GARDENS REVEGETATTON ("Deposit Agreement,,) is entered intoby and between the Garfield County Board of County Commissi-oners(*Bocc"), the Garfierd county Treasurer, Georgia chamberlain("Treasurer"), and BBD TRUST, A TRUST, David J. Mil]er and ReneeT. Miller, Trustees (..Owner,,) .
WHEREAS, the Bocc approved the preliminary pran Applicationfor Gil-ead Gardens submitted to the Bocc by the owner by means ofResolution No. 2003-89 ('tResorutj-on"), attached hereto andincorporated herein as ..Exhj_bit A,,; and
WHEREAS, the BOCC and Owner entered int.o thatGardens, Subdivision Improvement Agreement (..SIA,,) ,which is attached hereto and incorporated herein as
and
certain Gilead
a copy of
"Exhibit B";
WHEREAS, the srA requires provision of "security forRevegetation" as defined in paragraph 3 of the srA, and ownerwishes to deposit good funds for such security; and
WHEREAS, consistent with paragraph 3
approved Owner, s use of a Garfield County
Agreement in lieu of a Letter of Credit asassurance; and
of the SIA, the BOCC has
Treasurer's Deposit
such financial-
WHEREAS, the Treasurer is willing and abl-e to hold suchin accordance with the Treasurer, s statutory duties outrinedsections 30-10-701, et seg. and 30-1-1,02, c.R.s., as amended.
NOW THEREEORE, the parties agree as follows:
funds
in
I.
Owner
Gil-ead Gardens Reveqetati on Treasurer's Account.shall deposit with the Treasurer the sum of Si_xThousand Three Hundred Sixty Doll_ars ($6,360.00) to securerevegetati-on as required in srA within Gilead Gardens, asdef j-ned in paragraph 3 of the SIA, Exhibit B. Inconsideration of the service fee payabl_e to the Treasurer,identified in paragraph rr. , berow, the Treasurer shall pracethe funds in an interest bearing account and disbu.rse funds
I
I
j
I
therefrom in accordance with the terms of this Deposit
Agreement. Such account shal1 be known as the "Gilead
Gardens Revegetation Treasurer's Account" and sha11 be
subject to the terms and conditions of this Deposit
Agreement.
1r.Treasurer's Service Eee. The Treasurer's service
fee shall be, in accordance with Section 30-1-102 (1) (c),
C.R.S., as amended, one percent (1.0%) of the deposited
funds, i.€., Sixty Three dollars and Sixty cents ($63.60).
The service fee covers administrative costs incurred by the
Treasurer in distributing and accounting for the Gilead
Gardens Revegetation Treasurer's Account. Such fee shall- be
paid by Owner:
A. X t" cash or by check made payable to the
Garfiel-d Corinty Treasurer, as noted in the "Receipt" section
of this Deposit Agreement (page 6), on or before the date of
execution of this Deposit Agreement. The service fee is
deemed to be earned by t.he Treasurer upon execution of this
Deposit Agreement. Interest earned on the Gilead Gardens
Revegetation Treasurer's Account shall- be paid to Owner as
part of the single disbursement detailed in Paragraph IIf.,
below. The Treasurer shal-l- thereafter provide to Owner a
report of j-nterest earned, as required by state and federal
tax faw, 'or;
B. _ i. Iieu of paying the 1.08 Treasurer's service
fee, Owner *iV grant to the Treasurer the right to accrue and
earn aII of the interest paid on the Gilead Gardens
Reveget.ation Treasurer's Account over the term of this
Deposit Agreement, as identified in Paragraph IV., below.
Such grant, if made, is shown by the initial-s of Owner's
authorized representative placed in this subparagraph B.
rII.Disbursement Procedure. Disbursement
Gil-ead Gardens Revegetation Treasurer's Account
by the Treasurer upon the written direction of
fol-lows:
Request for Review and Approval. Upon complying
two year revegetation requirements, ds defined in
, Owner shall- obtain written approval by the
County Vegetation Management Department of the
revegetation work.
from the
shal-l- be made
the BOCC, as
A.
with the
Exhibit B
Garfield
required
B.Deficiencies. If the Garfield County Vegetation
Sing Ie Reguest for Disbursement. This Depos it
releases orreement does not provide for successj-ve partial
sbursements from the Gil-ead Gardens Revegetation
easurerrs Account. one (1) final disbursement shall be
quested by owner, upon completion of Revegetation. owner
ecifically recognizes and agrees that partial releases are
t al-l-owed as outl-ined in paragraph 3 of the SIA'
Management Department refuses approval of the SucceSS of
revegetation, the Garfield county Vegetation Management
Department shall provide written notice of deficiency in
substantial compliance with the provisions of paragraph 3 of
the SIA, and Owner shall- correct the identified deficiencies.
(-
Ag
di
Tr
re
sp
no
D.
request di
Disburseme
Garfiel-d C
Request fo
approval s
Management
SIA.
Request for Disbursement/Release. Owner
sbursement by means of a written "Request
ttL," addressed to the BOCC and del-ivered
ounty Building and Planning Department. '
r Disbursement shall be accompanied with
tatement from the Garfield County Vegetat
Department accordance with the requireme
shaIl
for
to the
The
an
ion
nts of the
E'BOCC's Acknowledgment and Dj-rection. Upon review of
the submittals required by subparagraph D-,above, if the
BOCC approves the statement from the Garfield County
Vegetation Management Department, the BOCC sha1l issue its
"Acknowledgment of Satisfaction and Direction to Treasurer",
in a form substantially simi1ar to that document attached to
and incorporated herej-n by reference as "Exhibit C"'
F.BOCC's Completion of Reveqetation. ff Owner's
success of revegetation is deemed unsatisfactory,in the sole
discretion of the BOCC, within the period of time defined in
paragraph rV., be]ow, or if the Bocc determines that owner
will- not or cannot complete the Revegetation under the SIA,
the BOCC may withdraw and employ from the Gilead Gardens
Revegetation Treasurer's Account such funds as may be
necessary to carry out the revegetation. If funds are
inadequate, responsibility to complete remaining Revegetation
shall be that of the Owner, not the BOCC. If the BOCC elects
to complete the Owner's revegetation work, expenditure on the
effort shal-I be no more than the principal amount of the
Gil-ead Gardens Revegetation Treasurer's Account, plus
interest, Lf interest is due Owner, and minus interest, if
t
interest i-s due to the Treasurer, under terms of paragraphrf., above. rf the cost of the revegetation to the Bocc isress than the amount available, the Bocc shall return theoverage to owner within a reasonabl_e period of ti_me folrowingcompletion by the BOCC.
v,. waiver, consent and rndemnity. owner consents toEne dr-sbursement procedure and other actions authorized andprovided for by the terms of this Deposit Agreement. Ownerwaives any claim against the Bocc, its officers, employees,agents and contractors, and the Treasurer on account of eachof their good faith performance of their obligations underthis Deposit Agreement. owner sha11 defend, indemnify andhol-d harmress the Bocc, its officers, employees, agents andcontractors, and the Treasurer from and against any claimmade on account of this Deposit Agreement.
vI.fndemnification of Treasurer.Owner and the BOCC
rv.
begj-n on
or before
expressly
each shal1
harmless f
any claim
Agreement,
will-fu] mi
Vrr . Bin@g_ E$ect .binding o.rE successorsshall terminate upon final
Treasurer in the Gilead Ga
Account.
Term. The term of this Deposit Agreement shal1the date of executi_on, as defined below, and end ontwo years fol-l_owing recording of the Final pIat, asdefined in paragraph 3 of the SIA, Exhibit B.
mutually defend, indemnlfy and hord the Treasurerrom any claim made. owner and the Bocc each wai_veagainst the Treasurer invol_ving this Depositunless such cl-aim is premised upon the wanton andsconduct of the Treasurer.
This Deposit Agreement shall be
and assigns of all parties and
disbursement of funds held by therdens Revegetation Treasurer, s
VIII.
Agreement
applicable
Immunity.Nothing contained in thisconstitutes a waiver of governmentalto the BOCC under Colorado l-aw.
Deposi_t
immunity
fX. No @y._ The making and execution of thisDeposit AgrEment shall not be deemed to create apartnershj_p, joint venture r or agency or fiduciaryrelationship among the parties.
x.
the entire
fntegration.This Deposit Agreement constitutesagreement among the parties pertaining to the
method of deposit and disbursement of the Gilead Gardens
Revegetation Treasurer's Account. No supplement,
modification or amendment of this Deposit Agreement, other
than changes as to notice information, shall be binding
unfess executed in wrlting in a document of equal formality
as this DePosit Agreement.
xI. Notices. Any notice required or permitted by this
Deposit Agreement shal
effective upon the dat
delivery is refused.
certified return recei
delivery service to:
BOCC
c/o Building & Pl-anning DePt
attn: Fred Jarman, Director
1oB 8th street, 4th Eloor
Gl-enwood Springs, CO 81601
Phone: (970) 945-82L2
Garfield County Treasurer
Georgia Chamberlain
109 8th Street, Suite
Gl-enwood Springs, CO
Phone: (970) 945-6382
l- be given in writing and shall be
e of delivery, or attempted delivery if
Delivery shal-l- be made in person, or by
pt requested U.S. MaiI or receipted
Owner
BBD TRUST, A Trust
David J. Mil-Ier and Renee T Mi11er,
1511 County Road 335
New Cast1e, CO 87641
Phone: (970) 816-2205
204
B 1601
the parties
the date of
Trustees
have caused this
execution by the
Deposit Agreement to
BOCC/ as beneficiarY,
Changes j-n address, phone number and identity of contact
person(s), sha]l be made in writing, and may be made without
formal amendment of this Deposit Agreement.
WHEREFORE,
be effective on
noted below.
BENEEICIARY:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADOATTEST:
a
0
ATTEST:
Clerk to the Board
BOARD OE COUNTY COMM]SSIONERS
GARETELD COUNTY, COLORADO
By
John Martin, Chairman
Date:
DEPOSIT HOLDER:
GARF]ELD COUNTY TREASURER
By:
By
David 11 €r, Trustee
ee T. Mi11er,Trustee
Georgi a Chamberlain, Treasurer
Date f-3(.O 7
DEPOSITOR/OWNER:
BBD TRUST, A TRUST,
tt ,,
;lrrrr,:Y,*.,
P ".. '=
:':$
By:
TTN:
Date:
State of Co]orado
County of Garfield
Subscribed and sworn to before meby David J. Mil_Ier and Renee T. Mi11er,Trust.
Witness my hand and offlcial_ seal.
(r Identification Nurnber)
A
AQ
1Hf
\).\\
q". PUB' b "-...,;31 l,
T
8+- twrl ,tQ x
CQ
this J? day "t H) 2oo7 ,Trustees, BBD Trust, A
My Commission expires ? -/ ?- (n al o
Not l_
RECEIPT
check No. 3l b oa?;or
Cash
Received
By:
Print Name:IATitle A ut*l-nof?ice of-EE Treasurer
Date:Lg o
Form 1099 shall be sent to: David & Renee Miller, Trustees
751'7 County Road 335
New Castl-e co 87641
d,'4r*- ff+.u kL pr* bt r-L
Prrrl--,*6 % u+-zeP '
EXHIBIT C
ACKNOWLEDGMENT OF SATISF'ACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
BBD TRUST, A TRUST
David J. Miller and Renee T. Miller, Trustees
FOT GILEAD GARDENS
RE,VEGETATION
WHEREAS, BBD TRUST, A TRUST, David J. Miller and Renee T. Miller, Trustees,
("Ovuner"), entered into a 2007 Garfreld County Treasurer's Deposit Agreement with the Board
of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of
Garfield County, Colorado ("Treasurer") dated
Number in Book
and recorded as Reception
of the RealatPage
Estate Records of the Garfield County Clerk and Recorder ( "Deposit Agreement"); and
WHEREAS, The Garfield County Vegetation Management Department has presented a
acceptance statement to the BOCC for the required revegetation is final and in accordance with
the Subdivision Improvements Agreement between the BOCC and BBD Trust, A Trust, recorded
in Book at Page
NOW THEREFORE, at the request of BBD Trust, A Trust and in consideration of the
premises and the prior agreements contained in the Deposit Agreement and the SIA, the BOCC
hereby:
acknowledges full satisfaction of the security requirements of the SIA;
authorizes disbursement of funds from the Treasurer's Account in the amount of
$6,360.00, resulting in a remaining balance of $ -0- ;
authorizes and directs the Treasurer to release the funds held in the
Treasurer's Account to an authorized representative of BBD Trust, A Trust.
as Reception Number
("sIA").
ATTEST:
I
2.
J
Clerk to the Board
BOARD OF COLINTY COMMISSIONERS
OF GARFIELD COL]NTY, COLORADO
By:
John Martin, Chairman
Date
llfflll IElllfillil lllir .,,1 ilH llllfil lll lffil llll llll
s]'A]'Ij ()F COLORAT)O )
)ss
Cou::ty of Carficld )
640194 11/O5/ZOO3 03:30P 81535 P775 I'l RLSD0RF
1 of 8 R 0.OO D 0.00 GRRFIELD coUNTY c0
)51;'i 174 4
A1 a regular ntccling of the Iloard of Counly Colnnrissioncrs for Carfield Counl1,, Colclrado, hcld
in the Comn:issjoncrs'Mecting Roon'l, Garfield County Plaza Building, in Gtcnwood Springs on Morrday,
thc l5'r'day of Septcn:bcr, 2003, therewcrc prcsent:
Comnri ssioncr Chai:rnan
Com::rissioner
Comrnissioncr
County Attomey
Clerk of the Board
County Manager
when the following proceediugs, an'rong others were had and done, to-wit:
RESOLUTION NO. 2ooi_Bs
A RESOLUTION CONCERNED WITII TTIE APPROVAL OF A PRELMINARY PLAN FOR
GILEAD GARDENS SUBDIVISION SUBMMTED BY BBD, A TRUST, DAVID AND RENEE
[{ILLER, TRUSTEES
WI{EREAS, the Board of County Commissioners of Garfield County, Colorado, ("Board")
received a Preliminary PIan application &om BBD, a Trust, David and ReneeMiller, Trustees("Applicant") to subdivide approximately 35 acres of land irto 9 .iogl"-family residential lots; and
WHEREAS' the Appiicant also requested approval for five (5) accessory dwelling units onparcels of4 acres and greater; and
WHEREAS, the property subject to this resolution is described as a parcel of Iand situated in theW1/2 of Section ?, Township 6 South, Range 91 West of the 6u pM, Garheld County, Colorado; and
WIIEREAS, on July 7, 2003, the Garfield Corurty Planning Commission forwarded a
recomrnenda-tion of approval with conditioru to the Board of Count-y Conrmissioncrs for the SubdivisionPrelimiuary PIan request; and
- WEEREAS' the-Board held a public hearing on the 15th day of September, 2003, upon thequestion of whether the above described Preliminary-Plan should be grauted or denied, at which hearingthe public and interested persons were givcn the opportunity il;6;".r tireir opilrions regarding thePrelirninary PIan; and
final decision; and
^ WHEREAS, flre Board on the basis of substantial competent evidence produced at theaforementioned hearing, lus made the foliowing determination of facts:
I ' That proper posting and public notice was provided as required, for the hcaring belore the Board
o f Counry Commissioners;
T
--tJ( - -uod
tor
llfiill IHll Hllltfltilllll Iilr "'11[llll lill[ lllllffl
SCOfg4 n/OstZSeB 03:30P Blp35 P776 n RLSD0RF
2 of 8 R O'09 D 0.00 GARFIELD COUNTY co
L. 'l'jrat tlre ntecling bcfbrc (lrc [Joard <;i Counly Corrunissionors was extcnsivc and comPlotc, t]rat all
pcnincnt facts, nrailcrs and issucs u,crr: submitted and that all interested partics were hcard at tlul
l:caring;
3. 'l'hat Jbr thc above statcd and oilror reasons, tlrc proposetl subr3ivisiorr is in tlrc best intr:rcst of tlTe
hcalth, safety, rnorals, converricncc, ordcr, prosperiiy and welfare of thc citiz,ens of Garficld
County;
4. That thc apptication is in confonnancc u,ith the 19?8 Garficld County Zoning Resolution, as
arncndcd;
5. That thc application is in conformance with the Garhcld County Subdivision Regulations of
I 984, as anrcndcd.
6. That the application is fur conforrnar:ce v,itb thc Garfield Cour:ty Comprehensive Pian of 2002'
NO\[,, TI{EREFORI}, BE IT RLSOL\rED by tbe Board of Couuty Commissiouers of Garfield
County, Colorado, that based on detennination of facts iet forth above, the Preliminary Plar: of the Gilead
Gardens Subdivision be approved subject to the followiug conditions:
t. Tliat all representations n:ade by the Applicant in the applicatioq and at the public hearing before
the Planning Commission, shall be
"orrditioro
of upproval, unJess specifically allered by the Plauning
Conrmission
Thc Applicant shall include in the Protective Covenants for the Subdivision the following:
A. As represented by tbe Applicant and required by the Colorado Division of Water
Resources, the CovenantJshall be modified to conform to tbe conditions of the approved
well permit [Permit No. 56217-F].
B. Article III(C ) of the Protective Covenants shall be modified to reflect section 5.03.21 of
the Zoning Resolution which states that Accessory Dwelting Units shall be detached
structures and not anacbed.
C. The "Declarant" should be distinguished from the Millers as property owners. Article
IX@) of the Protective Covenants rnay 5s1 up a conflict betwepn the Homeowners
Association and the Trust if the MiIIer holds title to their individual lots.
According to the Office of thc State Engineer's letter dated June 12,2003, there slrould be a
limitation on the number of other livestock / farm animals, other than horses. This
limitation shall be reflected iii the Covenants.
E. Article V(E) of the Protective Covenants regarding mining, ddlling and quarry shall be
consistent with Article Ili(F).
F. Clarify the Lot "nurnbef in Article V(FX2) of the Protective Covenutts and edit this
section. Add at the end of this scction, "and well pennits".
G. Articie V(K) of ttre Protective Covenants shall be clarified as to whcther or not hr::rting by
tlie residents is allowed,
2.
D
LHIU I Bll,lll HII I I I LLI
iiL#l E I il[ Ilt t llllr$ I
3 of 8 R S.bg D g.Og GARFIELD C0UNTY C0
I l. Exhibil A rcfcrcnccd in Aniclc V(O) of the Prolcclive Cclvcnanls shall bc attached
L lixhil:it Il rcfcrcnccd in A(jclc V(Q) of thc Prolcctive Covcnants shall bc attachcd
3. '[hc fol]ou,ing goologic ha'mrd n:itigation rncasurcs shall be takcn
A. Tl:e rrcomnrcrrdatior:s by Ilepu,ortlr-Pawlak Gcotcclinical, lnc. ("I{P Geo lcch") outlined in
tlre Prcliniinary Gcotcchnical Study for thc Subdivision dated Dcccmber 29,2000, [Job No.
100 672] slrall bc adhered. Thcsc Prclirninary Dcsign Recommeirdations i:rcludc provisions
fbr foundations, floor stabs, undcr-draiu systcm, site grading, surface drainage and pavcmcnt
subgradc.
B. The AppiicurL shall comply with and incorpomte thc recommendations from the Colorado
Geological Survey, dated Junc 23,2001l.
Slopes: Tlre 10' construction setback, at the crest of the river terrace, recornmended in
the HP GeoTech report should be qualified, i.e. the basis for the l0' setback and if the
setback accounts for increased soil moisture due to the proposed ponds on L,ots 8 & 9.
ii. Drainage: HP GeoTrch identifies the iocation of the property on a relatively young
alluvial fan. Alluvial fan f61pr"s are typically courposed of fine-grained soils that are
poorly cemented and tcnd to erode quickly during large storm events. The
recommcndations of HP GeoTech and Boundaries Unlimited to oonstruct berms on the
upstream side of the proposed lots should be inciuded in the site grading plans. Diversion
berms on each of the lots would help to minimize damage in evcrit a debris flow or flash
flood crosses the site.
iii. Soiis: IIP GeoTech's recommendations regarding the mitigation of the concems with
swelling and compressible soils on this site shall be adhered. Given that the soils on this
site are moisture sensitive, the locations of thc proposed ponds, on Ints 8 & 9, shall be
sited with considerations to how the increased soil moisture wili affect the performance
of thc nearby foundations.
C. Due to the possible presence of radon gas in tbe area, testing for radou gas shall be dorie
when the residences and other occupied structures have been completed, prior to the issuancg
of a Certificatc of Occupancy, or radon gas mitigation can be incorporated i:r the design of
the structures. Should radon gas be found after testing, mitigation shall be donc prior to
Certifi catc of Occupancy.
4. Any well serving more than one property is defrned as a centml water supply system, In
accordance with section 9:53 of the Subdivision Regulatious, all lines in a centrai water systern sha[ be
looped, with no dead ends included in the system. Frior to Fiaal Plat, the Applicant shall provide plans
for a central water supply system that is looped to be reviewed by the Cor:nty Engineerinf Departmeut.
5. Any activity in the l00-year floodplain of the Colorado River other than allowed in accordance
with Section 6.09.01(2XC ) of thc Zoning Resolution ["recreation and open space uses such as parks, golf
courses! picnic grounds, green belts, wildtife preseF/es, atrd trail systenra"] sha1l courply with section 6.00
of the Zoning Resolution.
q The Applicant shall comply with the recomnrendatioru of the Garfield County Road and Bridge
Departrnent, dated January 'l,ZOO3, as follows:
I ltilllttlii illllt illll ffi lll, Jlltl lll ltlll IIII lllt
640194 tt/O5/2OO3 O3:3OP 81535 P778 tl ALSDORF
4 of 8 R 0.00 D 0.Og GARFIELD COUNTY c0
i. [)rivcrva), pcnnits will bc issued aftcr the approval of the subdivisiori by l]oard of Courtty
Comnrissioncrs. J'lte drivcu,al, pcnnits will fiavc special conditious tlrat wil] bc specificd in
thc pen:iits.
ii. Sl.op signs shall be inslallcd al al] cntrances acccssing Garficld Counly Road 335 and
nraintained by tiic lrcmeowncrs association.
iii. Brush shall bc clcare/ thc lerigth of thc propcrty along CR 335 and thc fcnce shall bc nrovcd
back to the propcrty linc (right-of-way iine) at thc sub-dividcrs cxpensc prior to thc
complction of the subdivisjon.
iv. The ddveu,ay at 15'17 CR 335 and tiie drivcway at I l7l CR 335 shall be abandoned whcn the
new driveways arc installcd and operablc.
v. Thc ditch along the property and CR 335 shall be piped in culvert pipe. Thc installation and
all future mainl.cnance shall be at the sub-dividers and home owner's cxpense.'
vi. Thc two structurcs that encroach within thc righfof-way of CR 335 may remain, however,
these structures if replaced shall comply with applicab)e setback requirements. Prior to Finai
Plat, tire Applicaut shall obtain an Encroaclulent Agleement for the lwo structures with the
County.
vii. Construction work zone signage shall be posted on CR 335 during driveway construction.
Signage shall be posted in accordance with gr:idelines in the Manual of Uniform Traffrc
ControlDevices
1. Prior to Final PIat, the Applicant shall determine if there are two separate driveway permits, one
for Lot 1 and orre for the Bullock's property on file in the Garfield Couaty Road and Bridge Department.
Should there only be one driveway pennit for both parcels, the Applicant shall apply for a separate
driveway permit for l,ot i.
8. The Applicant shall comply with the recommendations of the Bunring Mountain Firc Protection
District ('BMFPD"), as follows:
A. Two copies of the recorded Final Plat sirall bs provide BMFPD, which shall include:
i. An easement along the full length of the dry hydrant system, from pond to riser, allowing
fire department access.
ii. A piat note that specifies the location of the system and access to it will be maiutained at
all times by either the crurent property owner or an active homeowners association.
iii. A plat note stating that the system will be capable of providiug at least 100,000 gallons of
water at all tirnes.
iv. A plat note which stipulates BMFPD has the right to use portions of the 100,000 gallons
for fire suppression outside the bounds of the Subdivision.v. A 70 foot diameter cul-de-sac dimension atthe end of both Garden Lane and Harvest
Court.
vi. A 20 foot driveu,ay width for all lot accesses within the subdivision.
B. Prior to Board of County Comnfssioner rsview of Finai Plat, two (2) copies of construction
drawings of the system shall be provided to BMFpD which shows:i. A certified Stateof Colorado Engineers stamp.ii. An accurate represenlation of the infomration provided in drawing C-2 of the Preliminary
Plan.
iii. That the dry hydrar:t uleets the specifications set out in.Section 9.3 of N.F,P.A, I142.
lffiill tEill IItffitililffitilrilrlttlilt lEltiillt lfft640194 71/o5/2os3 03:30P t .5 P?79 ti RLSDORF5 of 8 R O.OO D 0.00 GRRFIELD C0UNTY CO
O. Upon complctior.r of the dry lryclrant s),slcnt, a lcilcr fr.on: the dosign cnginecr shall bc
providc.d t0 the III'IIrPD statinp lhat the sy$tcm has becn installcrl per dcsign anri is capable of
providing thc reprcscnl,ed funclion(s).
D. No dwcllings shall bs givcn Ccnilrcatc of Oocupanci,until all thc above conditions havo bccn
salisfied, spccifically thc enginccris lctlcr.
9. 1'hc Applicanl sliall providc thc foll<lwing weed nrarragen:enl infonnation for rcview and
allploval b1, thc Garlicld counly Weed lvlanagemcnt Directo, p.ior to Final lrlal:
A. Noxious Weeds:
B.
Inventory and mapping: Clarification on theleafy spurgc. The Applicant shall meet with
the Garfield County Vcgclation Managenrcnt Department on-site to look at the leafy
spurgc. Sinoe it is rare in 0re County it is important to rnanage new infestalions as soou
as u,e can.
ii. Weed Management: The Applicant shall comply with the Colorado State Noxious Weed
Act and the Garfield County Weed Ma:ragernent PIan and managc Scotch thistle,
colnmon burdock, Russian lurapweed, Russian olive, oxeye daisy, and leafy spurge.
Weed managcmcnt sliall occur before lots arc offered for sale and should be the
responsibility of the Applicant and the Homeowners Association, when formed.
iii. Covenants: Weed managenlent for the Association and each individual lot owner is
addressed in the covenants. The Applicant shalt add language under Article II-B that
addresses weed management on all roads and easements *itt in the subdivision.
Revegetation:
-. The Applicanl shall provide a map 6r information of areas impacted by soil
disturbance outside of the building envelopes, prior to Fi-ual Plat. This map / inforrnation
shail quantify the area, in terrs of acres, to bc aisturbed and subsequently reseeded ou road
cut and utility disturbances. This infomratiou will help determine the amount of security thatwill held for revegetatiou.
The security shall be held by Garfield County urrtil vegetation has been successfully
reestablished according to the attached Reciamation Standards. The Board of County
Commissioners will designate a menlber of their staff to evaluate the reclamation prior to the
release of the security.
Soil Plan
The Revegetation Guidelines also request that the Applicant provide a Soil
Managernent PIan that includes:
i. Provisions for salvagiug on-site topsoil.ii. A timetable for eliminating topsoiiand/or aggregare piles.iii' A plan thet providcs for soil clver if any aiJtlu'ances or stockpiles will sit exposed for aperiod of 90 days or more.
c \
littlll[1l1illlll ll[[ Il1I fllll ll'''Ellllltllt llllul
bqsiijq irrsitisst 03:30P B15- ''?88 tl RLSDoRF
o "i a R 0.oo D o'go GRRFIELD couNTY c0
'10. 1hc proposod su5ciivision is locatcd in thr-: Garfield Countl' 'liaffic Sturty-Arca 3' This area calls
for an irlpaci ft't puyn'"'n to GarJield counll' of $226 pt' ""''g" daily trip (ADT) Seneratcd o-'lT-
suSdivisiorL. 'l'lrc ioial iurpact fec paynrcnt shall tic detcnnincd prior to Final Pla1. Pursuanl to scctton
4:94 ol't5c Subdivision Rcgulations, 50% of thc road inrpact fees shall irc colicctod a1 llrc Final I'lal for
rhc Suhdivision. All othcrioact inrpact fces will bc colleclcd al the issuance of a building pcn:rit'
I L Ilrior to Irinal lrlat, thc Applicant shall obtain a valid ueil pennit, or pemrits, frorn the Divisicln of
Walcr l{esourccs f<rr the dcscribcd uscs in thc Wcsr Divide Watcr Conscrvancy District Waler Allottxellt
Contract / Lease.
12. In acldirir:n to other rcquired cnnditions of approvai, the Applioarrt shall include thc fotlowing plat
notes on the Final Plat:
A. A1l exterior ligirtilg witt be the mi:rirnum amountnecessary and all exrerior lighting will be
directed inrvard and downward, towards the interior of the subdivisioq cxcept that provisiorrs
may be made to allow for safety ligbting that goesbeyond the property boundaries.
B. One (l) dog will be allowed for each residential unit and the dog slull be required to be
confined within the ou,ner's property boundaries.
C. No open heartb solid-fuel fireplaces wiil be allowed auywhere within an exemption. One (1)
new ioiid-fuct bunring stove as defied by C.R.S. 25-74Ol,et. seq., and the regulations
promulgated there under, will be allowed in any dwelling uuit. All dwetling units will be
allowed an unrestricted number of natural gas buming stoves and appliances.
D. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,-
residents and visitors must be pr.purid to acccpt the activitics, sights, sounds and smells of
Garfield County's agricultural opirations as a normal and necessary aspect of living in a.
Cognty with a it o"g rural charicter and a healthy ranching sector. All must be prepared to
encounter noises, odor, lig[ts, mud, dtst, smoke chemicals, machinery on public roads,
Iivestock on public roads, storage and disposal of manure, and the application by spraying or
otherwise of chemical fortilizers, soil amendments, herbicides, and pesticides' any one or
more of which may naturally occur as a part of a legal and non-negligent agncultural
operations.
E. All owuers of iand, whether ranch or residence, bave obiigations under State law and County
regulations with regard to tire maintenance of fences and irrigation ditches, conuolling weeds,
keeping livestock and pets under control, using property in accordance with zoning, and other
aspectJof using and maintaining property. Residents and landowners are encouraged to leam
about these rights and responsibilities and act as good neighbors and citizens of the County'
A good introductory sourte for such informationls "A Guide to Rural Liviug & Small Scale
'Agriculture" put out'by the Colorado State University Extension Office in Garfield County'
F. Due to the potential for mineral exploration on the subject Parcels, the Applicaot shall
provide disclosure to all potential iot owners via lhc Protective Covenants, as a note on the
Exemption Piat and at the tir:re of closing. ln additior\ gas cxploration is occurring within the
area. The mineral estate will allow the driliing of a weU within 160' of a house per OGCC
regulations.
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STATIT OIr COLOI{ADO
County of Garficld
I,,Coun1yClcrkandex-officioClerkoftheBoardofCounty
Con::nissioncrsinun@Shteaforesaitldoherebycertifytlrattheannexedand
foregoing Resolution is tru15, copied from the Rccords of the Proceeding of the Board of County
Courmissioners for said Garfield County, now irt rny office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this _ day of
--,
A,D. 2003
County Clerk and ex-offrcio Clerk of the Board of County Corrmissioners
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13. f,rior to Final P]at, t]re Applicant strail provlde ar) appmved pentlit fror:t titc State Miilerals and
Gcology Offioc granting pen:rission for tirc conlinued cottstruction of thc two ponds.
14. I)ursuanl lo seclion 9:34 of thc Subdivision Rcgulation^s, ali strccts / roads within the subdivision
sSall bo dcdicatcrl to tl:c public. Repair and mairrtcnar:cc of thcic roads shall bc tho rcsponsibility of thc
incorporated I'Iorneolncrs Association of llic Subdivisiott.
15. All easements and grantecs of tirc eas€rr)ent shall bc showt: on the Final PIat and propcrty
conveyanco docu:rrettts shall bc compictcd at Final P)at.
16. An eascment to the river dcdicated to the Wards Reyrrolds and Goldman, Ditch, Prur:p and
Pipclinc for thc emergency release of watcr to the Colorado River shall be dclincatcd on the Final Plat and
shall be conveycd l.o the Ditch Company with propefiy legal documents-
17. Straw bale houses shall comply witli tire applicablc Carfield Counly building code at the time of
construction.
18. Prior to Final PIat approval, a pla:: for landscaping and screening on the westerly boundary of the
property, for the bcnefit of neighbors to the west, shall bc submitted.
19. At Final Plat, a security for improvenrcnts to assure that all improvemeuts will be fully
constmcted in accordance with all applicable standards and plan shall be subnritted.
20. The foltowing Colorado Division of Wildlife recommended wildlife mitigation measures shall be
adhered to:
A. An increase in domestic animals is likely to accompany the subdivision of the subject
property. Domestic pets should be rnonitored closely.
B. The site is periodicaliy used by black bear, primarity mr migration. In order to minimize
negative human-bear interactitus, refuse storage facilities should be designed to be bear-
proof.
C. bf special concern is ttre feeding of witd waterfowl. Residents of the subdivision should be
educated regarding the detrimental effects of feeding wild waterfowl. Interpretative signage
in the recreitionai park area shall be irrstalled requisting tbat thc rcsidents and guest do not
feed the wildlife.
Dated this 3rd day of NovenbqA.D.2003.
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ATTEST:GA
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GARFIELD COLINTY BOARD OF
COMMISSIONERS, GARFIELD COTJNTY,
COLORADO
Board
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"rirtirlrlli.r
GILEAD GARDENS
SUBDIVISION IMPROVEMENTS AGREEMENT
Page 1 of8
THIS GILEAD GARD ENS SUBDIVISION IMPROVEMENTS AGREEMENT
("Agreement")is made and entered into this day of 2006, by
and between BBD TRUST, A TRUST, David J. Miller and Renee T. Miller, Trustees ("Owner")
and the BOARD OF COI-INTY COMMISSIONERS OF G ARFIELD COT]NTY, COLORADO,
acting for the CountY of Garfield, State of Colorado, as a bod y politic and corporate, directly or
through its authorized representatives and agents ("BOCC")'
WHEREAS, Owner is the owner and developer on the Final Plat of Gilead Gardens
("Final Plat"); and
WHEREAS, on 15th day of September, the BOCC, by Resolution No. 2003-89, approved
a preliminary plan for Gilead Gardens which, among other things, would create nine 9 single-
family residential lots; and
WHEREAS, as a condition of approval of the Final Plat of Gilead Gardens, submitted to
the BOCC for approval as required Uy ihe laws of the State of Colorado, Owner wishes to enter
into this Agreement with the BOCC; and
WHEREAS, Owner has agreed to execute and deliver'a specific form of collateral to the
BOCC to secure and guarantee Oivner's performance under this Agreement and has agreed to
certain restrictions an-d conditions regarding the sale of properties and issuance of building
permits and certificates of occupancy, all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. FINAL PLAT AppRovAL. The Bocc hereby accepts and approves the-Final
plat of Gilead Gardens, on the date set forth above, subject to the terms and conditions of this
Agreement, the preliminary Plan Approval, and the requirements of the Garfield County zoning
and subdivision regulations and any tther governmental or quasi-goy9*T.t"tl regulations
applicable to the sitaivision ("Final Pht Lpproval"). Recording of the Final Plat shall be in
aclordance with this Agreement and at the time prescribed herein.
Z. OWNER,S PERFORMANCE. Ownerhas constructed and installed
subdivision improvements, identified in subparagraphs a' and b' below, at its own expense'
including payment of fees required by the county and/or other governmental and quasi-
governmental entities with jurisdiction.
a. plans marked "Approved for Construction" for all on-site Improvements for
Gilead Gardens, prepared uy nounoaries Unlimited Inc. and submitted to the Bocc on or about
; the estimate of cost of completion, certified by and bearing the stamp of Owner's professional
engineer licensed in the State of Colorado ("Owner's Engineer"), attached to and made a part of
thii Agreement by reference as Exhibit "A;; and all other documentation required to be
N :\PROJECTSV00 I \]r4iller\documents\FlNALPLAT\SIA- I 0-1 8-06'doc
DRAFT 7/18/06
Subdivision [mprovemenr- Agreement
Gilead Gardens
Page 2 of 8
submitted along with the Final Plat under pertinent sections of the Garfield County subdivision
and zoning regulations ("Final Plat Documents")'
b. All requirements of the Preliminary Plan Approval'
c. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other governmental or quasi-
govemmental authority(ies) with jurisdiction.
d. The provisions of this Agreement.
The BOCC agrees that if all lmprovements are installed in accordance with
subparagraphs 2 (a) Itrrougtr 2 (d), above; the record drawings to be submitted upon completion
of the Improvements; and all other requirements of this Agreement, then the Owner shall be
deemed tL have satisfied all terms and conditions of the Garfield County zoning and subdivision
regulations, with respect to the installation of Improvements.
3. SECURITY FOR REVEGETATION.
a. Reveeetation Security. Revegetation of disturbed areas in Gilead Gardens shall
be secured UV aai*.y of u f*u.*"r. Deposit Agreement (TDA) in a form acceptable to the
BOCC, attached to and incorporated in this Agreement by reference as Exhibit "B", in the
amount of $6,360.00 from the Owner to the BOCC ("Revegetation TDA"). The Revegetation
TDA shall be valid for a minimum of two (2) years following recording of the Final PIat.
l.
ll.
Upon establishment of vegetation, the Owner shall request review of the
revegetation work by the Garfield County Vegetation Management Departnrcnt,
by telephone or in writing. Such review shall be for the purpose of verification of
.o"..5 of revegetation and reclamation in accordance with the Garfield County
Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded
in the Office of the Garfield County Clerk and Recorder as Reception No.
580572,at Book lzsl,Page 566, as amended, and the Revegetation/Reclamation
Plan for the Subdivision submitted as part of the Final Plat Documents.
Following receipt of written approval of the Vegetation Management Deparftnent,
the Ownei may submit to the BOCC, through the Building and Planning
Department, a written request for release of the Revegetation TDA, along with
cenification of completion by the Owner, or Owner's agent with knowledge, and
a copy of the written approval of the Vegetation Management Department.
If the Vegetation Management Department refuses approval and provides written
notice of deficiency(ies), the Owner shall cure such deficiencies by further
revegetation efforts, approved by the Vegetation Management Department, as
such-may be instituted within the two years following recording of the Final Plat.
llt.
Subdivision lmprovemont.,rgre€fll€Dt
Gilead Gardens
Page 3 of8
iv. If revegetation efforts are deemed unsuccessful within the two year period of
time, ii the sole discretion of the BOCC upon the recommendation of the
Vegetation Management Department, or if the BOCC determines that the Owner
will not or.-rroi"omplete ievegetation, the BOCC may withdraw and employ
from the Revegetation TDA such funds as may be necessary to carry out the
revegetation work, up to the amount of Revegetation TDA.
v. In lieu of or in addition to drawing on the Revegetation TDA, the BOCC may
bring an action for injunctive relief or damages for the Owner's failure to adhere
to th"e provisions of tiris Agreement related to revegetation. The BOCC shall
provide the Owner a reasonable time to cure any identified deficiency prior to
requesting payment from the Revegetation TDA or filing a civil action-
vi. It is specifically understood that the Revegetation TDA is not subject to
successive partial releases. Further, the Revegetation TDA, and the BOCC's
associated right to withdraw funds and bring a court action, may survive final
release of the TDA(s) and/or termination of this Agreement.
b. Recordine of Final Plat. The Final Plat of Gilead Gardens shall not be recorded
until the security O"."rib"a i, this paragraph 3 has been received and approved by the BOCC'
4. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the
BOCC for any residences or other habitable structures located and constructed within Gilead
Gardens, Owner shall install and connect a water distribution system forpotable water in
accordance with approved plans and specifications. A11 easements and rights-of-way necessary
for installation, opeiation, service anilmaintenance of such water supply and distribution system
shall be as shown on the Final Plat. Conveyance of the system(s), including real and personal
property interests, from the Owner to the Gilead Gardens Homeowner's Association
t..CCffbA") shall be in accordance with Paragraph 10, below. If a third party water entity
iequires warranty of the system(s), Owner shall provide proof to the BOCC that such warranty is
in effect.
5. IRRIGATION DITCH, PONDS, PUMPS, & PIPELINE. Prior to issuance of
any certificates of occupancy by the BOCC for any residences or other habitable structures
located and constructed within Gilead Gardens, Owner shall install ditches, ponds, pumps and
pipeline supply system for irrigation water in accordance with approved plans and specifications'-
All easements and rights-of-wry r,.."rrury for installation, operation, service and maintenance of
such water supply and distribution system shall be as shown on the Final Plat. Conveyance of
the system(s), inctuaing real and peisonal property interests, from the Owner to the GGHOA
shall be in accordance with Paragraph 10, below.
6. PARK & TRAILS. Prior to issuance of any certificates of occupancy by the
BOCC for any residences or other habitable structures located and constructed within Gilead
Gardens, Owner shall complete the park and trails in accordance with approved plans and
specif,rcations. All "ur"*"rrt, and rights-of-way necessary for installation, operation, service and
Subdivi sion lmprovementb Agreement
Gilead Gardens
Page 4 of 8
maintenance of such trail system shall be as shown on the Final Plat. Conveyance of the
easements from the Owner to the GGHOA shall be in accordance with Paragraph 10, below.
7. PUBLIC ROADS. All roads within Gilead Gardens shall be dedicated to the
public as public rights-of-way. Road rights-of-way shall be dedicated by the Owner and
accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The GGHOA shall
be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the
traveled surface of the roadways and portions of the rights-of-way outside of the traveled
surface. The BOCC shall not be obligated to maintain any road rights-of-way within Gilead
Gardens.
g. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist
elsewhere in Gilead Gardens, all road rights-of-way within Gilead Gardens, whether public or
private, shall contain rights-of-way for installation and maintenance of utilities. Public utility
easements shall be ded[ated by the Owner and accepted by the BOCC, on behalf of the public,
on the face of the Final Plat. The GGHOA shall be solely responsible for the maintenance, repair
and upkeep of said public utility easements, unless otherwise agreed to with the public utility
company(ies). The BOCC shallnot be obligated for the maintenance, repair and un\99n of any
utility easements within Gilead Gardens. In the event a utility company, whether publicly or
privitely owned, requires separate conveyance by deed or otherwise, Owner shall also convey
utility easements by separate document.
g. FIRE PROTECTION SYSTEM ACCESS. Gilead GardENS iS WithiN thE
Burning Mountain Fire Protection District C'BMFPD") and the owner shall comply with the
requireirents of said District. The fire protection systern access easement is for the BMFPD's
benefit. The fire protection system access easement, as defined on the Final Plat, has been
approved by the gI\aFpO for ttre sole purpose of the BMFPD obtaining water for emergency fire
piotection use as provided by attached letter. The BMFPD shall not be obligated to maintain any
pond components within Gilead Gardens.
10. coNvEYANCE OF PARK AND TRAILS, ROAD RIGHTS-OF-WAY'
WATER SUPPLY SYSTEM AI\D IRRIGATION SYSTEM. ThC WATET SUPPIY SYStEM,
Irrigation System, Park and Trails shall be conveyed by the Owner to the GGHOA by Bill of
Sale at the time of Final Plat Approval. Easement for domestic water system, irrigation system,
landscape, park and trails, shali be conveyed by Deed at the time of Final Plat Approval and shall
be recorded following recordation of the Final Plat of Gilead Gardens.
11. EASEMENT TO WARD REYNALDS DITCH CO. ThE WATd REYNOIdS
Ditch Co. easement as depicted on the Final Plat shall be conveyed to the Ward Reynolds Ditch
Co. by Deed at the time of the final plat approval and shall be recorded following recordation of
the Final Plat of Gilead Gardens.
lZ. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation of the
Improvements and any other agreement or obligation of Owner related to development of Gilead
Gardens required pursuant to this Agreement. The Owner, however, does not indemnify the
Subdivision Improvements A$reement
Gilead Gardens
Page 5 of8
BOCC for claims made asserting that the standards imposed by the BOCC are improper or the
cause of the injury asserted, o, f.o* claims which may arise from the negligent acts or omissions
of the BOCC or its employees. The BOCC shall be required to notify the Owner of the BOCC's
receipt of a notice of ciaim or a notice of intent to sue, and the BOCC shall afford the Owner the
option of defending any such claim or action. Failure to notify and provide such written option
to the Owner shatl 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.
13. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations,
a Road Impact Fee of Twenty Thousand Sixty-One Dollars and 63 cents ($20,061.63) has been
established for the residentiai units within Gilead Gardens. Owner shall pay fifty percent (50%),
i.e., Ten Thousand Thirty Dollars and Eighty-one cents ($10,030.81) of the Road Impact Fee to
the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The
remaining 51o/o, i.;.,Ten Thousana tnirty Dollars and Eighty-one cents ($10,030.81), will be
cotlected-pro rata, i-e., Eight Hundred Thirty-Five Dollars and Ninety cents ($835.90) from lot
owners eich time a building permit issues for a residence within Gilead Gardens'
14. FEES IN LIEU OF DEDICATION OF SCHOOL LAIID. ThE OWNET ShAII
make a cash payment in lieu of dedicating land to the RE-2 School District, calculated in
accordance with the Garfield County subdivision regulations and the requirements of state law.
The Owner and the BOCC acknowledge and agree that the cash in lieu payment for Gilead
Gardens is calculated as follows:
RE-2, $200.00 per unit
Total amount of cash in lieu payment: $200.00 x 12 units : $2,400.00.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of
recording of the Final Plat, Twenty-Four Hundred Dollars ($2,400.00) as a payment in lieu of
dedication of land to the RE-2 School District. Said fee shall be transfered by the BOCC to the
school district in accordance with the provisions of $30-28-133, C.R.S., as amended, and the
Garfi eld County subdivision regulations.
The Owner agrees that it is obligated to pay the above-stated fee, accepts such obligation, and
waives ury "Li* that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording
of the Final plat of Gilead Gardens, a reimbursement of the fee in lieu of land dedication to the
RE-2 School District.
15. SALE OF LOTS. No lots, tracts, or parcels within Gilead Gardens may be
separately conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
16. BUILDING PERMITS AI\D CERTIFICATES OF OCCUPATICY. AS ONE
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
Subdivision Improvemenr. Agreem€nt
Gilead Gardens
Page 6 of 8
any residence or other habitable structure requiring a permit to be constructed within Gilead
Gardens. Further, no building permit shall be issued unless the Owner demonstrates to the
satisfaction of the Buming Mountain Fire Protection District ("District") that there is adequate
water available to the construction site for the District's purposes. Further, the parties agree that
no certificates of occupancy shall issue for any buildings or structures, including residences,
within Gilead Gardens until all on-site Improvements have been completed and are operational
as required by this Agreement. Owner shall provide the purchaser of a lot, prior to conveyance
of the lot, a signed copy of a form in substantially the same form as that attached to and
incorporated herein by reference as Exhibit"C", concerning the restrictions upon issuance of
building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval
and Preliminary PIan Approval.
17 . ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy provided for
in paragraph 16 above, and the provisions for release ofsecurity, detailed in paragraph 3 above,
it is mutuatly agreed by the BOCC and the Owner that the BOCC, without making an election of
remedies, or any purchaser of any lot within Gilead Gardens 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 to withdraw and use security. 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.
18. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it
pertains to any lots for which building permits have not been issued. As to lots for which
Luilding permits have been issued, the plat shall not be vacated and shall remain valid. In such
event, the Owner shall provide the BOCC a survey, legal description and a plat showing the
location of any portion of the Final Plat so vacated and shall record the plat in the Office of the
Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may
vacate the plat, or portions thereof, by Resolution.
19. NOTICE BY RECORDATION. This Agreement shall be recorded in the
Office of the Garfield County Clerk and Recorder and shall be a covenant rururing with title to
all lots, tracts, and parcels within Gilead Gardens. Such recording shall constitute notice to
prospective purchasers or other interested parties as to the terms and provisions of the
Agreement.
20. SUCCESSORS AND ASSIGNS. The obtigations and rights contained herein
shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the
BOCC.
21. IDENTIFICATION OF CONTRACT ADMINISTRATORS AIID 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, retum receipt
Subdivision lmprovements ngreement
Gilead Gardens
Page 7 of8
requested), in all cases addressed to the person for whorn it is intended at the address or facsimile
number set forth below:
Owner BBD Trust, A Trust
David J. & Renee T. Miller, Trustees
1577 County Road 335
New Castle, CO 81647
w/copy to rePres entatives'-
Dan Kerst
823 Blake Ave. Ste 202
Glenwood Springs, CO 81601
BOCC: Board of County Commissioners
of Garfield CountY, Colorado
c/o Mark Bean, Planning Director
108 Eighth Street, Room 201
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 contact administration and notice under this
Agreement.
ZZ. AMENDMENT. This Agreement maybe 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
inforiration, provided in paragraph 21 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
23. COUNTERPARTS. This Agreement may be executed in countetPerts, each of
which shall be deemed an original, and all of which, when taken together, shall be deemed one
and the same instrument.
24. VENUE Al[D 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 WIIEREOF, the parties have signed this Agreement to be effective upon
the date of Final Plat Approval for Gilead Gardens.
BOARD OF COUNTY COMMISSIONERS
Subdivision Improvemenru Agreement
Gilead Gardens
Page 8 of8
ATTEST:
Clerk to the Board
STATE OF COLORADO
COUNTY OF Garfield County
GARFIELD COUNTY, COLORADO
By:
Chairman
Date
BBD TRUST, A TRUST
By:
Renee T. Miller, Co-Trustee
David J. Miller, Co-Trustee
Date:
Owner & Developer
ss
)
)
)
Subscribed and sworn to before me by David J. Miller and Renee T. Miller, Trustees, of
BBD TRUST, A Trust, Owner of Gilead Gardens, this
-
day of 2006.
WITNESS my hand and official seal
My commission expires:
Notary Public
BXI{IBIT C
ACKNOWLEDGMENT OF SATISF'ACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
BBD TRUST, A TRUST
David J. Miller and Renee T. Miller, Trustees
FOT GILEAD GARDENS
WHEREAS, BBD TRUST, A TRUST, David J. Miller and Renee T. Miller, Trustees,
("Owner"), entered into a 2006 Garfield County Treasurer's Deposit Agreement with the Board
of County Commissioners of Garfield County, Colorado ("BOCC") and the Treasurer of Garfield
County, Colorado ("Treasurer") dated and recorded as Reception Number
in Book at Page of the Real Estate Records of the Garfield
County Clerk and Recorder ( "Deposit Agreement"); and
WHEREAS, The Garfield Coturty Vegetation Management Department has presented a
acceptance statement to the BOCC for the required revegetation is final and in accordance with
the Subdivision lmprovements Agreement between theBOCC and BBD Trust, A Trust, recorded
1
2
NOW THEREFORE, at the request of BBD Trust, A Trust and in consideration of the
premises and the prior agreements contained in the Deposit Agreement and the SIA, the BOCC
hereby:
acknowledges full satisfaction of the security requirements of the SIA;
authorizes disbursement of funds from the Treasurer's Account in the amount of
$6,360.00, resulting in a remaining balance of $ -0- ;
authorizes and directs the Treasurer to release the flurds held in the
Treasurer's Account to an authorized representative of BBD Trust, A Trust.
as Reception Number
("sIA").
ATTEST:
in Book at Page
BOARD OF COUNTY COMMISSIONERS
OF GARFiELD COUNTY, COLORADO
By:
John Martiri, Chairman
J
Clerk to the Board
Date:
l
DECLARATION OF PROTECTIVE COVENANTS
GILEAD GARDENS
THIS DECLARATION OF COVENANTS FOR GILEAD GARDENS is made
and entered into this J '7 day of 2007, by BBD Trust, a Trust (hereinafter
"Declarant"), owner in fee simple of that real property situated in Garfield County, Colorado,
known as Gilead Gardens (the "subdivision") consisting of Nine (9) lots (the "Lots") as defined and
described in the Final Plat (the "Final Plat") heretofore recorded as Reception No.
Office of the Clerk and Recorder of Garfield County, Colorado.
inthe
ARTICLE I.
Section 1.01 PURPOSE OF COVENANTS
This Declaration of Protective Covenants (the "Declaration") shall govern and be applicable to the
above-described real property. It is the intention of the Declarant, expressed by its execution of this
Declaration, that the lands within the Subdivision be developed and maintained as a highly desirable
scenic residential area with a strong sense of security, neighborhood and community. It is the purpose of
this Declaration to create rules and a decision-making process to strengthen the community, to preserve the
present natural beauty, character and views of the Subdivision to the greatest possible extent, and to
always protect the Lots as much as possible with respect to uses, structures, landscaping and general
development. This Declaration shall be a burden upon and run with all of the lands within the Subdivision.
ARTICLE II
OWI\ERS . HOMEOWNERS ASSOCIATION
A. Membership. All persons or other entities (including without iimitation the Declarant)
who own or acquire all or part of the fee simple title to any of the Lots by whatever means acquired shall
be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more
than one, all persons and entities collectively who are the Owners of a respective Lot shall automatically
be considered to have, for each Lot owned one (1) membership interest (one vote) in the Gilead Gardens
Homeowners Association, Ltd. (hereinafter the "Association"), a Colorado non-profit corporation, in
accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado
Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado
Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated
in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now
exist or as they may be amended from time to time.
B. Purpose. The Association shall be authorized and empowered to take each and every step
necessary or convenient to the implementation and enforcement of this Declaration. The Association shall
have the right and responsibility to maintain, preserve, repair, and otherwise protect and promote the
interests of the Owners with respect to all corlmon properties and interests of the Owners and the
Association. The Association shall maintain, repair, regulate and keep all roads and easements within the
Subdivision in good, safe and usable condition. The Association shall also maintain, repair, regulate and
keep the individual sewage disposal systems ("ISDS' s") and the domestic water system and irrigation
ditch, pump and supply systems, and appurtenant facilities servicing the Lots in good operating order in
accordance with the terms and provisions of this Declaration. The Association may enter into agreements
with third parties for the performance of the responsibilities of the Association described above. All costs
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and expenses incurred by the association in connection with any of tu,o foregoing shall be borne by theMembers and shall be assessed, all as more fully provided herein.
a
A' Permitted Uses. Only one (1) single-family dwelling, together with structr:res appurtenantor accessory thereto, shall be constructed on any Lot. The minimuni size of a single_- family dweiting shalbe one thousand fourhundred (1,400) square feet, exclusive ofopen porches, decfs, .urport, and garages.The marimum size of any single-family dwelling shall be ten thousand (10,000) squareieet, exclu-sive ofbasements, open porches, decks, carports and garages.
B' Accessory Dwelling Units. Accessory dwelling units shall be permitted on Lots 1,2,3, g,
and 9 in accordance with Section 5.0:.OZt of the Garfield County zoning regulations and shall be subjectto the provisions thereof. The gross floor area of an accessory dwelting unit ihall not exceed one thousandfive hundred (1,500) square feet exclusive ofporches, decks, carportJand garages. The square footage ofany such accessory dwelling unit shall not be included in the -ioirnu- oimaximum amtunts of s{uarefootage for the primary dwelling unit as provided in paragraph A. above. All accessory dwelling unitsshall be detached structures, separate and apart from thi pri*a.y dwelling unit.
C' Duplexes/lVlulti-Familv Structures/lVlobile Home Trailers/lVlanufactured Housing. Noduplexes, multi-family structur"r, -obil, home trailers or recreational campers or ffailers used as aprimary residence shall be allowed in the Subdivision. An accessory dwelling unit, even though detachedfrom the primary residential structure, shall not cause the structures on a Lot to be consideredi duplex ormulti-family structure. Manufactured homes, including prefabricated (panelized) structures and loghomes, are allowed in the Subdivision if they meet thJciiteria hereinaftt described. .,Manufactured
home" means a single^family dwelling which (1) is partially or entirely manufactured in a factory; (2) isnot less than twenty-four (24) feet in width ano thirry-six 1to; feei in length; (3) il ;";t ii;; on anengineered permanent foundation; (4) has brick, wood, or cosmetically equivalent'exterior siding and apitched roof; (5) is certified pursuant to the "National Manufactured Housing Construction and SafetyStandards Act of 1974",42 U.S.C. 5401 et seq., as amended; (6) meets all applicable requirements of theGarfield County Zoning and Land Use Regulations and Building'Codes, exceptas modified herein; and (7)meets all other building criteria set forth in these covenants.
D' outbuildings. Auxiliary buildings such as barns, greenhouses, tool sheds, work areas,detached garages and the like shall be permittea *itt in the Subdiiision, provided that no such auxiliarybuilding shall exceed twenty-five (25) feet in height. No auxiliary buildingshall contain living facilities orbe used as a dwelling unit except that one toilet/shower facility p", ur*iiury building shAibe allowed.The maximum number of outbuildings and total square footage of all outbuildings for each Lot shall be asfollows:
ARTICLE III
USE RESTRICTIONS
Maximum Number
Of Outbuildings
Maximum Combined Square
Footage of Outbuildin$
5,000 square feet
3,000 square feet
E' Common Area. The Common Area of the Subdivision includes easements for thepedestrian and bike trails and the park areas. Every Owner shall have a nonexclusive easement and rightof use, access, and enjoyment in and to the Common Areas identified and depicted on the plat, subject to:
1. This Declaration, the Plat and any other applicable covenants;
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Lots 1,2,3,8 and 9
Lots 4, 5,6 andT
J
2
,
2. The right of the Executive Board to adopt rules the use and enjoyment of
the Common Area, including rules limiting the number of guests who may use the Common Area;
3. The right of the Executive Board to suspend the right of an Owner to use facilities
within the Common Area (A) for any period during which any charge or Assessment against such
Owner's Lot remains delinquent, and (B) for a period not to exceed ninety (90) days for a single
violation or for a longer period in the case of any continuing violation of the Declaration, any
applicable Supplemental Declaration, the Bylaws or Association Rules; and
4. Nothing in this Declaration or the other Association Documents will be construed as
a dedication to public use, or a grant to any public municipal or quasi-municipal authority or utility,
or an assumption of responsibility for the maintenance of any Common Area by such authority or
utility, absent an express written agreement to that effect.
F. Mineral Rights. A portion of the oil, gas and other mineral rights in, on and under the
Subdivision have been severed. Declarant covenants for itself and for it's successors and assigns, that as
to any oil, gas and mineral rights held by the Declarant or its successors or assigns, no entry upon the
surface of the Subdivision shall be permitted for the purpose of mining, drilling, exploring, operating or
developing oil, gas or other minerals or for storing, handling, transporting or marketing such oil, gas or
other minerals. Such prohibition of surface entry shall bind the Declarant, all Owners, and the
Association, and their respective successors and assigns. Due to possible severed mineral interests held by
persons other than Declarant, there is a potential for oil, gas and mineral exploration or extraction within
the Subdivision.
G. Agricultural Use. The Owner or occupant of any Lot may use the Lot for agricultural
purposes as permitted under the Garfield County Zoning Regulations, including garden, greenhouse,
nursery, orchard and tree farm; provided that any auxiliary building to be used in connection with such
agricultural activity shall be subject to Architectural Committee review as hereinafter provided.
Notwithstanding any other provision of this Declaration, excavating and grading which is customarily
involved in such agricultural activity, shall not require Architectural Commiuee approval. The agricultural
activities permitted by this Section shall not expand or otherwise modiff the limitations and reskictions
regarding animals as provided in Article V of this Declaration.
ARTICLE TV
ARCHITECTURAL COMMITTEE
A. Architectural Committee. The Architectural Committee shall be composed of three (3)
natural persons who shall be appointed by the Board of Directors of the Association (the "Board"). The
persons serving on the Architectural Committee shall serve at the pleasure of the Board who may remove a
member of the Architecflral Committee and appoint a new member at any time, provided there shall at all
times be three (3) persons serving on the Architectural Committee. The members of the Architectural
Committee may also be directors of the Association and need not be Owners. The Architectural
Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The
Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to
conduct the business of the Committee. All members of the Committee shall be provided at least ten (10)
days advance notice of all Committee meetings.
B. Approval by Architectural Committee. No improvements of any kind, including, but not
limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, drivewayi, towers,
antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be
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constructed, erected, altered f.r*in"d to remain within the Subdilrolon, rror shall any excavating or
grading be done within the Stllivision, unless the complete architectural and site development plans and
specifications (and such other ems as are included in the "Plans" defined below) for such construction,
alteration, excavation or grading are approved by the Architectural Committee prior to the commencement
of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do
by any subdivision improvements agreement between the Declarant and Garfield County.
Notwithstanding any other provision of this Declaration, excavating and grading which is customarily
involved in such agricultural activity, shall not require Architectural Commiuee approval. In particular,
but without limiting the generality and scope of the foregoing, no roof may be placed on any structure
unless the Architectural Committee specifically approves the finished exterior material and color of such
roof. Revegetation of all infrlls and cuts will be required.
Prior to construction of any improvements, the Lot Owner shall submit three (3) complete sets of
the architectwal and site development plans and specifications to the Architectural Committee along with
a grading and drainage plan, a soils and foundation report and an ISDS design, both prepared and certified
by a professional engineer, and a complete list of all finished exterior materials and colors to be used
(collectively referred to herein as the "Plans"). All copies of the Plans shall be signed and dated for
identification by the Owner or his architect and engineer. The Architectural Committee shall have the right
to request whatever additional specification information, plans, specifications, reports and the like it deems
necessary to evaluate the development proposal throughout the approval and construction process. In
addition, the Architectural Committee may adopt rules and regulations which shall speci$, additional
information, reports, plans, specifications and the like required to be submitted to the Architectural
Committee and to be deemed part of the Plans for all purposes hereturder. In the event the Architectural
Committee fails to take any action within sixty (60) days after three (3) copies of the Plans have been
submitted to it and the submittal has been certified in writing by the Architectural Committee as complete,
then all of such submitted architectural plans shall be deemed to be approved. The Architectural
Commiuee shall not unreasonably disapprove any Plans. The majority vote of the full number of members
of the Architectural Committee then in office shall be required for any approvals described herein. In the
event the Architectural Committee shall disapprove any Plans, the Owner on behalf of which such Plans
have been submitted may appeal to the Association at its next annual or special meeting called for that
purpose where a75o/o vote of the Members'votes entitled to be cast at said Members'meetings shall be
required to change the decision of the Architectural Committee.
C. Improvements - Site Location. All new structures or improvements (excluding fences,
driveways, walks, utilities, irrigation and drainage improvements, septic system, vegetation) shall be
constructed within the approved building envelopes depicted on the Final PIat. No new structures or
improvements, other than fences, walks, vegetation, and inigation and drainage improvements shall be
constructed on forty percent (40%) or greater slopes. Existing improvements shall be permitted to remain
outside the building envelopes.
D. Building Permit. An Owner may apply for a building permit from the Garfield Coturty
Building Department at any time; provided, however, that the Plans approved by the Building Department
shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the
plans approved by the Building Department differ in any substantial way as determined by the
Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically
revoked.
E. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural
Committee may,by an affirmative vote of a majority of the full numbers of members of the Architectural
Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing
architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural
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committee, on such terms a,^* conditions as it sharl require. No'variance shall be granted which
contravene, *y prorision of this Declaration, which was reiuired by g approval obtained by Declarant
from Garfierd county for the subdivision, or which viorates it, c*h.td county Land use and Building
codes. No variance sha[ be granted *trrort written notice of the request for such variance provided ten
(10) days prior to tfr" fr"*inE for said variance to all Own"ts' Notit" to such Owners shall be deemed
effective when placed in the
-urrit a st t., ,nuit, first-class-postug" prepTl, certified with return receipt
requested, and addressed to the last t ro*r, address for each O*otiut provided to the Association'
F. General Requirements. The Architecflral committee shall exercise its best judgment to see
that a, improvements, construction, arterations, excavating or gradi"g within the subdivision harmonize
(to the greatest .;; fossibte) with the natural surrounding-s witliin the Subdivision and with other
structures and improvements within the Subdivision as to a.rIgr, materiars, color, siting, height, grade,
irrrirr,"a ground elevation of neighboring lots and other design features'
1. Building Materials. The Architectural Committee shall evaluate and approve'
among other things, the materials and colors to u" ,rr"J on the outside of buildings or structures and
roofs, and the harmony of the r*i.rr.a gr:ua"and floor elevation with the natural setting within the
subdivision. All buildirrg "onrt
,r"tion
"materialr rrruit be new, except for the limited use of antique
treatrnents, fixtures und u.""rr*io orrty the following ,rrut"iirlt will be permitted on the exterior
of structures erected within the Subdivision:
(vi)
(b)
(c)
D ec laration of P r o te ctiv e C ov enant
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Exterior llalls:
(i) Natural or synthetic stone (characteristic of stone native to Rocky
Mountain rrgi;i, encouraged) as a base or on entire walls and for
chimneys, .olo*t,, retaining walls and fences'
(ii) Stucco t"ut*uio, synthetic). A11 stucco shall be built to Sade'
tirf Wood ,idirg1i."-, redwood'or cedar)' wood shingles and heavy
timber (including logs)'
(iv) No more ttran tlriee ftpes of masonry are recommended on the
exterior of structures (including walkways and driveways)'
(v)Exposed.on.r.t"o,-u'onrybloctisnotallowedexceptatthe
foundation*u11,*h.,.itshouldbestainedorcovered.Itis
encouraged that foundation walls be faced with materials consistent
with other exterior walls of the building'
(vi)Allexteriorop.rri,,gt(win{ow-s,doors'vents'etc')mustbetimmed
out and roofoverhangs soffited'
Windows:
(i)Windowsdesignedtoreduceheatlossarerecoulmended.
Cedar shingle or cedar shake'
Concrete tiles.
Slate.
Non-reflective metal.
fiC". gtass/asphaltic shingles in limited "thick" styles with a
minimum 40-year **t*d and a minimum weight of 340 pounds
p.i f OO ,q**. feet and minimum thickness of 3/8"'
ippiou"a colors zu iooftng shall be available for review with the
Architectural Committee.
(a) Roofs:
(i)
(ii)
(iii)
(iv)
(v)
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(tr.t
(iii)
(d) Doorc:
(ii)
2.
(b)
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Glazing shall be insulating units or urear, obscure or bronzed tintedglass. Stained or etched grass may be placed inside o. ouirid. ofprimary glazing.
Frames, sash, muntin bars and trim shall be wood with naturar, semi-transparent or painted finish or clad with coror-fast vinyl oraluminum.
Glazing shall be insulated units of clear, obscure or bronze tintedglass. stained or etched glass may be piaced inside o, ortrio. orprimary glazing.
Doors, muntin bars and tim shail be wood (stile and rail, solid coreor insulating) with naturar, semi-tansparent or painted frnish.
(e) Color palette:
(i) Exterior wall and roof colors shall harmonize with the site andsurrounding structures. The predominant tones should tend towardmuted, wann, earthy hues. Bord or dramatic earthy
"olo.* -uy b.used provided they are used sparingry and confined to entries andwalls of recessed areas hidden from generar view.(ii) Approved corors for roofing, exterioiwattr, *irrao*s, doors and timshall be available for review with the Archiiectural Committee.(iii) All colors must be submitted to the Architectural committee on thematerials on_which they will be used for approved by theArchitectural Committee.
Roof ConJig uration and Construction.
(a) Roof Pitch:(i) All roofs should be sloped with a pitch betw een 5/12 and l2ll2 forprimary roof elements. Secondary roof elements, including entries,porches, breezeways and dormers, may be a minimum pit"i'oiittz.(ii) only gable and hipped confrguration, *. po*iu.a ror primary roorelements. Attached shed confrgurations may be pirmittea rorsecondary roof elements.,
(i)
Construction Standards :(i) well-insulated roofs are encouraged as a matter of energyconservation and maintenance control. Roof construction shall beeither a "cold roof' or "super insurated" design. att ,oonrg ,h"ll ;;"Class C" fire retardant materials or better.(ii) Snow diverters and/or retainers are required at the eaves of entriesand areas of outdoor human activity. such devised shall beintegrated into the design of the roof as mu.r, u. porribre. Rooflinesshall be broken so that each building has u *ioi*.r- of two (2)varying roofline elevations or, if it has- one .oonin., there must be aminimum of two street-facing dormers.
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3. Landscar"zg. Landscaping shall be primarily indrgenous plant life or from a plant
list which may be established by the Architectural Committee. Landscaping standards for the
Subdivision, such as the types of allowable lawn gtasses, shall be subject to guidelines, which may
be promulgated by the Architectural Committee. The placement of trees, gardens and other
lanlscape ieatures shall also conform to the Wildfire Mitigation Plan set forth in Section 9 of this
Article. Permitted agricultural activities except for planting of vegetation within twenty-five (25)
feet of the single family dwelling or accessory dwelling unit on any Lot, shall not be subject to the
landscaping standards or approval by the Architectural Committee.
4. Site Location. The Architectural Committee shall exercise its judgment to preserve
the natural characteristics of each Lot including trees, vegetation, and the natural setting of each
building site. The Architectural Committee shall evaluate the relationship of any proposed structure
or improvement to topography, the view of and relationships to other existing or potential
structures and improvements in the Subdivision.
5. Signs and Ad.vertisizg. No sign, poster, billboard or advertising devised of any kind
(including but not limited to signs commonly sued by contractors, architects and tradesmen) shall
be allowed or displayed upon any Lot, Common Area or postal kiosk within the Subdivision
except: (a) such signs as may be used by the Declarant in connection with the development,
marlieting and sale of Lots in the Subdivision; (b) such signs as may be required by legal
proceedings, or the prohibition of which is precluded by law; (c) temporary construction signs as
iequired by Garfreld County; (d) such signs as may be required for traffic control and regulation of
Common Areas; (e) neighborhood monuments (e.g., entrance signs) which are compatible with the
architecture of the area and which receive the prior written approval of the Architectural
Committee; (f) one "For Sale" or o'For Rent" sign on any Lot; (g) signs promoting candidates
seeking public office with pertinent information and signs relating to ballot issues with pertinent
information; and (h) one sign used by a general contractor, architect or tradesman during
construction of a residence on a Lot, subject to the following limitations:
(a) The maximum sign area shall be24inches by 36 inches;
(b) Shall be located a minimum of 8 feet from the nearest public street or
Common Atea;
(c) Shall be erected no sooner than 4 weeks prior to the election or other event,
and shall be removed within 48 hours after such election or other event.
6. Fencing. Fencing outside the building envelopes shall be restricted throughout the
Subdivision to facilitate wildlife movements, optimize habitat availability, and reduce wildlife
mortality. If peripheral fencing of the Subdivision is required to restrict domestic livestock grazing
on adjacent properties, fencing shall employ one of the following CDOW recommendations:
(a) A three or four strand wire fence shall not exceed a height of 42", maintain
at least 12" between top two wires, maintain at least 16" between ground and bottom
wire, and top and bottom wires shall be barbless
(b) Other materials (such as wood, steel or other synthetics) rail fencing shall
not exceed a height of forty-eight (48) inches, maintain sixteen (16) inch spacing between
each rail for younger animals to pass through. Ten (10) inch or wider planks are
unacceptable because they visually create a barrier. to allow passage of deer fawns and
elk calves.
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Owners shall be permitted privacy, security fence and walls, not exceeding ninety-six (96) inches
in height with no openings so long as such privacy fence is wholly containid witir in the Building
Envelope established under the Plat for that Lot.
7. Lighting. The Architectural Committee shall consider exterior lighting plans andwill require that all exterior lighting be directed downward and toward the Owner'. prop"rty. It will
also recommend that all Owners make every effort possible to limit the use of extlrioi lighting at
night. It shall encourage Owners to build in such a fashion that all light sources not be-direJtlyvisible from.outside of the Owners' respective Lot. The intent behind these considerations is tl
preserve the rural character of the Subdivision by limiting exterior lighting as much as possible
while maintaining a safe atmosphere.
8. Drainage Limitations. All property located outside of established building
envelopes shall be maintained so as to preserve historic storm drainage over and across all Lots.
9. llildfire Mitigation Property within the building envelopes shall comply with the
Wildfire Mitigation Plan which shall include the following:
(a) Trees greater than fifteen (15) feet in height at maturity should have a
minimum spacing of ten (10) feet between the edges of the crown. All dead trees should be
removed.
(b) Spacing between clumps of brush and/or shrubs should be two and one-half
(2%)times the height of the vegetation.
(c) The maximum diameter of the brush and,lor shrub clumps should be two (2)
times the height of the vegetation measured at the crown of vegetation.
(d) All ladder fuels should be removed from under brush, shrubs, and toee
canopies.
(e) Non-combustible ground cover (gravel) should be placed under trees, brush,
and shrubs to the edges of the crown or the vegetation should be p-runed to a height of ten
'
(10) feet above the ground or one-half (%) theheight of the plant, whichever is least.
(0 Lawns should be trimmed to a maximum height of four (4) inches.
(g) Brush should be removed around the perimeter of all residential structures
for a distance of two (2) times the height of the brush or completely removed within ten
(10) feet of any residence and trimmed to a height less than five (5) feet within twenty (20)
feet of any residence.
10. Towers and Antennae. No towers or radio or television antennae higher than three(3) feet above the highest roof line of the dwelling house shall be erected on any residential tract,
and all such towers and anterurae must be attached to the dwelling house. The height limitation sei
forth herein shall not apply to solar collector systems described in Paragraph 11 hereof.
11. Energt Generation Devices. It is the intent of these guidelines to encourage and
authorize the use of solar collector panels and wind generation systems on Lots in the Subdivision.
The Architectural Committee shall adopt, and amend from time to time, standards for the design,
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materials and placemer.. of solar collector and wind generation systems, which standards shall
assure that such systems are compatible with the aesthetics of the Subdivision while recognizing
the evolving technologies in solar and wind energy.
G. Preliminary Approvals. Owners who intend to construct or modifr stuctures or
improvements on a Lot or excavate or grade on a Lot may submit preliminary sketches or plans thereof to
the Architectural Committee for preliminary review. All preliminary sketches should be submitted in at
least tlree (3) sets and should contain sufficient general information on those matters required to be in the
complete Plans to allow the Architectural Committee to provide an informed preliminary approval or
disapproval. The Architectural Committee shall never be committed or bound by any preliminary approval
or disapproval. The preliminary approval process is offered as an accommodation only, and the
Architectural Committee may set fees for this service.
H. Architectural and Site Development Plans. The Architectural Committee shall
disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the
judgment required of it by this Declaration.
I. Architectural Committee Not Liable. Neither the Architectural Committee nor any
member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to
any Owner or Owners, by reason of any action, failure to act, approval, disapproval or failure to approve
or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof
shall have any liabitity or responsibility for any representations made to any Owner or prospective Owner
by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration
and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration.
J. Written Records. The Architectural Committee shall keep and safeguard for at least five
(5) years complete permanent written records of all applications considered, including one (1) set of all
finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by
it under the provisions of this Declaration.
K. Authority to Promulgate Rules and Regulations. The Architectural Committee may
promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and
regulations may include submission requirements concerning the type of information, reports, plans and
specifications, and other information necessary to make an informed decision regarding requests for
development, alterations and the like.
ARTICLE V
RESTRICTIONS AND PROTECTryE COVENANTS
A. No Further Subdivision. No Lot shall ever be frrther subdivided into smaller lots or
conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided,
however, that conveyances or dedications of easements, if approved by the Architectural Committee, may
be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment
between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required
by the Garfield County Land Use Code and the prior approval of the Architectural Committee.
B. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs,
cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be
promulgated by the Board. The open pasturing of horses shall be allowed within the Subdivision. With the
exception of pigs, other farm animals or livestock such as cattle, llamas, goats, sheep, chickens and other
poultry are permitted so long as the same are properly fenced, penned or otherwise contained within the
Dec laration of Protective Covenant
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Lot and maintained so as nor to constitute a nuisance to other Lor Jwners within the Subdivision.
Notwithstanding the foregoing, no Owner shall be allowed to keep a total of more than three (3) horses
and other livestock (such as cattle, mules, donkeys, sheep, llama and goats) at one time on any one (l) Lot.
Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and
limitations and subject to any additional rules and regulations, which may be promulgated by the
Association:
1. Pursuant to Section 9:15 of the Garfield County, Colorado Subdivision Regulations,
no more than one (1) dog, excluding puppies for a temporary time, shall be kept by any Owner at
any time for each residential unit;
2. Dogs shall be kept under the control of their Owners at all times and shall not be
permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond
the boundaries of the Lot owned by the dog's owners unless the dog is leashed and accompanied
by a person in full control of such dog;
3. Dogs shall not be allowed to bark continuously, which shall be defined as barking
for a continuous fifteen (15) minute period, including successive barks or a series of barks which
repeat or resume following a brief or temporary cessation;
4. When not accompanied by a person, all dogs shall be leashed, chained, fenced, or
keru:eled. The location of kennels shall be subject to review of the Architectural Committee;
5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and
animal waste;
6. Should any dog chase or molest deer, elk or any domestic animals or persons, or
destroy or disturb property of another, the Association shall be authorized to remove the offending
dog from the Subdivision. The offending dog owner shall be provided written notice of such action
at least rwo (2) days before removal occurs. Within such two (2) day period, the offending dog
shall be kenneled at a licensed kennel. All charges associated with action taken by the Association
may be assessed against either the Lot Owner and/or the dog owner, or both, at the Association's
sole option; and
7. Notwithstanding the foregoing, no animal may be kept upon a Lot, which, in the
sole discretion and judgment of the Board, results in any annoyance or is obnoxious to other
Owners within the Subdivision.
C. Underground Utility Lines. All new water, sewer, gas, electrical, telephone, cable
television and other utility pipes or lines within the limits of Subdivision shall be buried undlrground and
shall not be carried on overhead poles or above the surface of the ground. Any areas of naturallegetation
or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the
expense of the respective Owners causing the installation of the utilities no later than the next growing
season following utility installation
D. Senrice Yards and Trash. Equipment, service yards or storage piles on any Lots may be
permitted during construction if they receive Architectural Committee reviiw approval.
-Otherwise,
no
Iumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any
Lot. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and
shall not be burned thereon.
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E. No Mining, Drilling or Quarrying. Subject to the rights of holders of severed mineral
interests as provided in Section III. F., mining, quarrying, tunneling, excavating or drilling for any
substances within the earth, including oiI, gas, minerals, gravel, sand, rock and earth, shall not be
permitted within the limits of the Subdivision by the Owners or the Association.
F. Central Water System. The 9 Lots shall be provided potable water by a central domestic
water distribution system owned, operated and maintained by the Association. Gilead Gardens Well No.
1, supplies water for the water distribution system. The construction, operation and use of water from such
well shall be subject to the conditions set forth in such well permit no. 56217-F, Exhibit B attached and
State Engineers letter dated April 4, 2006, Exhibit C attached, provided that the maximum number of
primary and accessory dwelling units utilized by such well shall be limited to the number indicated on the
approved Final Plat. All water use shall be measured by water meters or other measuring devices
approved by the Association. Meters or measuring devices shall be installed at the Lot Owner's sole cost.
The Association shall be responsible for setting all rates, fees or charges for the provision of water service
to each Lot through the domestic water distribution system, which rates, fees and charges shall be
sufficient to pay for all costs incurred in providing the same, including but not limited to, the yearly costs
incurred by the Association under the West Divide Water Conservancy District water allotment contract,
Contract No. 010322GGHA and the costs required to maintain sufficient operating reserves. Each Owner
shall pay to the Association the rates, fees or charges applicable to his or her respective Lot. The obligation
of Owners to pay the Association for such water service shall be a personal obligation of the Owner, which
the Association shall have the power and duty to enforce.
1. Hazardous Cross-Connections. The Association shall enforce all regulations
promulgated by the Colorado Department of Public Health & Environment (the "Department")
contained within the Code of Colorado Regulations at 5 CCR 1003-1, Section 12, to wit:
(a) The domestic water system shall have no uncontrolled cross-connections to a
pipe, fixture, or supply, any of which contain water not meeting the provisions of the
Colorado Primary Drinking Water Regulations, 5 CCR lO03-1. For the purpose of this
provision, "cross-connection" means any unprotected actual or potential connection or
structural arrangement between a public or a consumer's potable water system and any
other source or system through which it is possible to introduce into any part of the potable
system any used water, industrial fluid, gas, or substance not meeting drinking water
requirements under the Colorado Primary Drinking Water Regulations. Bypass
arrangements, jumper connections, removable sections, swivel or changeover devices
through which or because of which "backflow" can or may occur are considered to be
cross-connections;
(i) All potentially hazardous service connections shall be identified;
(ii) All users shall be required to install and maintain containment devices;
(iii) All containment devices shall be approved by the Association upon
installation;
(iv) All containment devices shall be tested and maintained as necessary on
installation and at least annually thereafter,by a trained cross- connection
control technician;
(v) The Association shall retain maintenance records of all containment devices.
These records shall be available for inspection by Department personnel. All
maintenance records shall be maintained by the Association for a period of
three (3) years;
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(vi) I Cwners shall notiff the Association or any cross-connections within ten
(10,1 calendar days of its discovery. The cross-connection shall be corrected
within ten (10) days of being ordered in writing by the Association to correct
the problem; and
(vii) A failure on the part of any Lot Owner(s) to comply with the above
provisions may result in the termination of water service.
2. Irrigation Limitations. Water provided through the central domestic water
distribution system shall be used to irrigate no more than one thousand (i,000) square feet per
dwelling unit. AII such irrigation shall be subject to all the terms, conditions and provisions
contained within West Divide Water Conservancy District Water Allotment Contract No.
010322GGHA and Well Permit(s).
G. Irrigation Water. Non-potable irrigation water shall be supplied to each Lot through,
ditches, ponds and pressurized pipe system, which shall be owned, operated and maintained by the
Association. The Association shall be responsible for setting all rates, fees or charges for the provision of
irrigation water through said system, which rates, fees and charges will be sufficient to pay all costs
incwred in providing the same and in maintaining sufficient operating reserves. Each Owner shall pay to
the Association the rates, fees or charges applicable to his or her respective Lot. The obligation of Owners
to pay the Association for such water service shall be a personal obligation of the Owner, which the
Association shall have the power and duty to enforce.
H. Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by the ISDS
installed by each Owner in accordance with the ISDS Design and Performance Standards set forth in
Article IV hereof and maintained by the Association in accordance with the provisions of the ISDS
Maintenance Plan set forth in Article VII. The Association shall be responsible for setting all rates, fees or
charges for inspecting, maintaining and repairing each individual system and the rates, fees or charges
assessed by the Association against each Lot for such inspection, maintenance and repair shall be a
personal obligation of the Owner thereof which the Association shall have the power and duty to enforce.
I. Primary Access. Primary access to the Subdivision is from Garfield County Road 335,
Harvest Lane, and Garden Circle. The ongoing maintenance costs of access roads shall be borne
exclusively by the Association in accordance with the provisions of this Declaration. Road maintenance
shall include snowplowing.
J. Trail and Park Area. The trail for pedestrians and bikes and the park area are for the use
of all Lot Owners and shall be owned, operated and maintained by the Association. Any improvements
and ongoing maintenance costs for the trails and park area shall be borne exclusively by the Association in
accordance with the provisions of this Declaration.
K. Wildtife Mitigation. Colorado Division of Wildlife Mitigation Recommendations are as
follows:
1. An increase in domestic animals is likely to accompany the subdivision of the
subject property. Domestic pets should be monitored closely.
2 The site is periodically used by black bear, primarily for migration. In order to
minimize negative human-bear interaction, refuse storage facilities should be designed to be bear-
proof.
3. Of special concern is the feeding of wild waterfowl. Residents of the subdivision
should be educated regarding the detrimental affects of feeding wild waterfowl. Interpretative
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signage in the park area shall be installed requesting that the restdents and guest do not feed the
wildlife
4. In the event of conflict with witdlife on a Lot, the Owner shall contact the Colorado
Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which
constitutes a nuisance may only be removid or destroyed upon the approval of the Association and
only in a manner approved by the Colorado Division of Wildlife.
L. Hunting. No hunting or other discharge of firearms is permitted within the Subdivision,
except as may be permitted by Rules and Regulations adopted by the Association.
M. Trash Containers. No trash or garbage shall be accumulated or stored outside of a
dwelling structure unless such trash or garbage is contained within a container certified as bear-proof by
the North American Bear Society, th; Nationat Park Service or the Colorado Division of Wildlife;
provided, however, that a Lot Owner may use trash or garbage containers which do not meet the
certifications above described so long as:
1. Said container(s) is placed outside no earlier than one (1) hour prior to the regularly
scheduled time for trash collection by the Owner's waste service provider; and
2. Said container(s) is returned to the dwelling structure no later than one (1) hour
following collection by the Owner's waste service provider'
N. Towers and Antennae. No towers or radio or television antennae higher than three (3) feet
above the highest roof line of the dwelling house shall be erected on any residential tract, and all such
towers and antennae must be attached to the dwelling house.
O. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the
Colorado Division of WitAme harmless from any and all claims for damages to landscaping improvements
or ornamental plants located within the subdivision resulting from the activities of big game (deer and/or
elk).
p. Removal of Carcasses. The Association and Owners shall be responsible for the removal
and proper disposal of all animal carcasses located within the Subdivision.
a. Wildlife Brochure. The Association shall maintain at all times as part of the regularly kept
records of the Association, the current Wildlife brochure published by the Colorado Division of Wildlife.
R penaltiesAilildlife Restrictions. The Association shall assess and enforce penalties against
Lot Owners violating any of the wildlife restrictions set forth in this Article V or the laws of the State of
Colorado, as set anaistaUtished by the Association. The dollar amounts of the fines may be changed upon
the approval of the Association.
S. Weed Control. The Association has adopted and shall implement a plan of noxious weed
control for the management and elimination of plant species included on the Garfield County Noxious
Weed List, which plan is entitled "Vegetation and Noxious Weed Management Plan for Gilead Gardens"
dated Jwrc 22,2004, prepared by Claffey Ecological Consulting, Inc., which is hereby incorporated herein
reference (hereinafter the "Plan"). In general, the Plan contains the following components:
1. Prevention and Control, The quick revegitation of disturbed areas with weed free
grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition
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producing optimum vegetative densities will leave noxious weeos little opportunity to establish.
The use of certified hay is also recommended.
2. Inventory. A complete inventory of the types of weeds presently located within the
Subdivision is included as part of the above referenced Plan is attached hereto and incorporated
herein as Exhibit A. This inventory should be updated by the Lot Owners for their Lot bi-annually
(on the anniversary of the date of purchase) and submitted to the Association. An accurate record
should be kept of the application and success of weed eradication efforts.
3. Eradicatioz. Elimination of noxious weeds can be achieved through:
(a) Mechanical controls that physically remove the entire weed or eliminate the
plant's ability to produce seed;
(b) Biological controls that rely on organisms (insect or plant pathogens) to
interfere with weed growth; and
(c) Chemical controls that use herbicides to eliminate weeds. Special care mustbe used with herbicides to avoid damage to desirable plant species and to avoid
contamination of ground water.
An effective weed management program may involve all three methods of
eradication as well as a long-term commitrnent to prevention and control.
(d) Each Lot Owner shall implement a weed management program within the
area of such Owner's Lot. Assistance in the development and implement-ation of a weed
management program is available through the Colorado State University Cooperative
Extension Service and from the Garfield County Offlrce of Vegetation Management. In the
event a Lot Owner fails to effectively control noxious weeds on the Owner's Lot, the
Association shall have the right to enter upon such Lot and conduct a weed control program
with the area of such Lot, at the Lot Owner,s expense.
(e) The Association shall be responsible for weed management on all Common
Areas, Roads and Easements within the Subdivision.
T. Geologic Hazard Mitigation.
1. The recommendations by Hepworth-Pawlak Geotechnical, inc. ("Hp GeoTech,,)
outlined in the preliminary geotechnical study for the subdivision dated December 29,
2000, (job no. 100672) shall be adhered. These preliminary design recommendations
include provisions for foundations, floor slabs, under-drain system, site grading, surface
drainage
2. The applicant shall comply with and incorporate the recommendations from the
Colorado Geological Survey, dated Jurrc 23, 2003:
(a) Slopes: the 10' construction setback, at the crest of the river tenace,
recommended in the HP GeoTech report should be qualified, i.e. the basis for the l0'
setback and if the setback accounts for increased soil moistwe due to the proposed pondsonLotsS&9.
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(b) I;rainage: HP GeoTech identifies the locatron of the property on a relatively
young alluvial fan. Alluvial fan features are typically composed of fine-grained soils that
are poorly cemented and tend to erode quickly during large storm events. The
reco-mmendations of HP GeoTech and boundaries unlimited to construct berms on the
upstream side of the proposed lots should be included in the site and grading plans'
Diversion berms on each of the lots would help to minimize damage in event a debris flow
or flash flood crosses the site.
(c) Soils: HP GeoTech's recommendations regarding the mitigation of the
concerns with swelling and compressible soils on this site shall be adhered. Given that the
soils on this site are moisture sensitive, the locations of the proposed ponds, on lots I &.9,
shalt be sited with considerations to how the increased soil moisture will affect the
performance of the nearby foundations.
3. Due to the possible presence of radon gas in the area, testing for radon gas shall be
done when the residences and other occupied structures have been completed, prior to the
issuance of a certificate of occupancy, or radon gas mitigation can be incorporated in the
design of the structures. Should radon gas be found after testing, Mitigation shall be done
prior to certificate of occupancy.
ARTICLE VI
RESTRICTIONS ON LOTS
A. Number and Location of Buitdings. No buildings or improvements of any kind shall be
placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural
Committee.
B. Completion of Construction. Any construction activity on any Lot shall be completed,
fully cleaned up and landscaped within the allotted time specified by the building permit. The Board of
Directors may assess penalties in any amount it deems appropriate for any construction activity completed
outside the period of time specified by the building permit
C. Used or Temporary Structures. Except within an enclosed garage, no used or previously
erected or temporary house, structure, mobile home, manufactured home, or trailer shall be located within
the Subdivision. The foregoing prohibition shall not apply to construction trailers which shall be permitted
for period of time specified by the building permit from the date of commencement of construction or until
the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers
may only be used for construction, office and storage purposes and shall not be occupied as a residence for
any period of time.
D. Enclosure of Unsightly Facilities and Equipment. All unsightly sttuctures, facilities,
equipment and other items, including, but not limited to, those specified below, shall be screened or
enclosed within a solid structure sufficient to screen such things from view from the common roads and
neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle,
boat, semi-truck, motorcycle, all terrain vehicle, snow removal, garden equipment, or agricultural
equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed
garage, outbuilding or appropriately screened from view by plantings or fencing approved by the
Architectural Committee. In the case of agricultural equipment, actual use may be deemed to continue
overnight and from day to day so long as a part of a continuing agricultural operation such as mowing or
baling. Any propane or other fuel storage tanks, storage piles, refuse or fash containers, utility meters or
other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or
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fencing approved by the Architectural Committee and adequate to conceal the same from neighbors,
streets and private roads.
E. Abandon Vehicles. Any motor vehicle that is not legal operational on public roads and not
registered with a State motor vehicle department (excluding agricultural vehicles such as tractors) shall not
be stored or abandon on any Lo! unless it is stored within an enclosed garuge or outbuilding.
F. Noxious or Offensive Activity or Sounds. No noxious or offensive activities or sounds
shall be carried on upon any portion of the Subdivision at any time; nor shall anything be done or
permitted which may be or become a nuisance to other property or to the Owners tLereby by sight or
sound, provided that the Board of Directors may authorize the use of sound and sound devices to control
or mange wildlife, livestock or domestic animals.
G. Air Quality Restrictions. In order to protect against the degradation of air quality as a
result of the utilization of wood-burning devices, the following restrictions shall apply:
1. Pursuant to Section 9: 16 of the Garfield County, Colorado Subdivision
Regulations, No open hearth solid fuel fireplaces will be allowed anywhere within the Subdivision.
2. All dwelling units within the Subdivision will be allowed an unrestricted number of
natural gas burning fireplaces or appliances.
3. All dwelling units within the Subdivision witl be allowed one (1) new wood-burning
stove as defined by Colorado Revised Statutes 25-7-401et seq., and the regulations promulgated
thereunder.
H. General Restriction. All Lots shall comply with the restrictions contained in any other
section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules and/or
regulations necessary or advisable to implement or interpret the provisions of this Declaration.
ARTICLE VII
ISDS DESIGN AND MANAGEMENT PLAN
A. ISDS Design and Performance Standards Each ISDS installed withinthe Subdivision
after the date of this Declaration, shall comply with the following reiluirements:
1. Each system shall be designed by a professional engineer registered in the State of
Colorado, pursuant to Colo. Rev. Stat. S 12-25-111 (2000);
2- Each system design shall adequately address the soil percolation conditions present at
the Lot site, which percolation rates shall be verified through appropriate on-site testing;
3. The tops of all tanks or risers extending therefrom shall be surface accessible to
facilitate system testing and maintenance; and
4. Monitoring pipes shall be installed at the far end of each trench segment to allow
inspection of field condition. If a seepage bed is utilized, single dosed zones shalibe acceptable,
even if mounding is required to establish four (4) feet of suitable soil beneaththe zone. If a-bed or
mound is used, a minimum of two (2) monitoring pipes shall be installed at the far end of the bed
or mound.
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5. Following ISDS installation, each Owner shall provide the Architectural Committee
with as-built drawings dlepicting, in relation to the other improvements on the Lot, the location and
dimensions of the ISDS facilities including the absorption field and monitoring pipes, all applicable
design, operation and maintenance spe-cifications of the system's manufacturer and written
certification from the designing engineer that the ISDS was installed in conformance with the
requirements above stated *a uU appticable design specifications of the manufacturer'
In the event the Association or Architectural Committee fails to properly implement and enforce
the design and performance standards set forth in this paragraph, the Board of County Commissioners for
Garfield county, colorado and its duly authorized repiesentatives and agents, shall have all the right, but
not obligated, to enter upon the property and implemint and enforce such standards at the expense of the
Association or exercise any other rifht o, po*", afforded under this Declaration, including, but not limited
to, the initiation of appropriate proc-eedings in the District Court for Garfield County, Colorado, to compel
enforcement of the same.
The provisions of this paragraph shall not be amended or repealed by the Declarant, Association or
Owners without the written consent of the Board of County Commissioners for Garfield County,
Colorado.
B. ISDS Management Plan. In order to ensure that each ISDS installed within the
Subdivision is inspected on-a regular basis and properly maintained, the responsibility and authorrty for
such inspection and maintenance shall be vested eiclusively within the Association. This management
plan is not intended to provide for common ownership of the ISDS' s or to provide common funding for
the construction, repair or replacement thereof, such ownership and responsibility for construction, repair
and maintenance to remain with the Lot Owner.
1. In accordance with the above, the Association shall:
(a) Retain the services of qualified personnel to inspect the ISDS' s and to
perform all maintenance and repairs n.""rt*y to ensure that same are installed properly,
remain in good operating condition and comply with the performance requirements set forth
in this Article;
(b) Inspect the operating components of each ISDS within thirfy (30) days of
being piaced into bperation;'thereafter, each ISDS shalt be inspected at least every two (2)
years; and
(c) Maintain at all times written or other permanent records documenting the
date each ISDS was inspected or tested, the results of such inspections or tests_ and the
extent of all maintenance and/or repairs performed. A11 documents maintained by the
Association pursuant to this provision shall at all times be available for inspection by the
Owners and/or authorized reiresentatives of the Garfield County Department of Building
and Planning.
Z. The following provisions shall apply in the event the estimated maintenance and/or
repair costs required of *y1Sos exceed a total of one Thousand Dollars ($1,000.00) during any
one (1) calendar Year:
(a) The Association shall give the Owner written notice of the nature and extent
of the work necessary to return the ISDS to good operating condition; and
(b) Within (30) days of receipt of such notice, the Owner shall at his or her own
expense complete the repairs described in the notice. In the event the Owner fails to
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complete such repairs within this time period to the sar.rsfaction of the Association, the
Association shall have the authority, in addition to any other remedy provided within this
Declaration or the Act, to take any of the following actions:
(i) To impose against owner a fine not to exceed $200.00 for each day
in which the ISDS remains unrepaired; and/or(ii) To complete on behalf of the owner the required repairs to the ISDS.All costs incurred by the Association in connection with the
restoration shall be reimbursed to the Association by the owner upon
demand. All unreimbursed costs shall be a lien upon the Lot until
reimbursement is made which may be enforced in accordance with
the provisions of this Declaration.
3 In the event the Association fails to properly implement and enforce the provisions
of the ISDS management plan set forth in this Article VII., the Board of County Commissioners for
Garfield County, Colorado and its duly authorized representatives and agents, shall have the right,
but not be obligated, to enter the Subdivision and implement and enforce such provisions at the
expense of the Association or exercise any other right or power afforded under this Declaration
including, but not limited to, the initiation of appropriate proceedings in the District Court for
Garfield County, Colorado, to compel enforcement of the provisions of this management plan.
C. Amendments or Repeals. The provisions of this Article VII shall not be amended or
repealed by the Declarant, Association or Owners without the written consent of the Board of County
Commissioners for Garfield County, Colorado.
ARTICLE VIII
COLLECTION OF ASSESSMENTS-ENFORCEMENT
A. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by
the Board of Directors. To the extent the Association is responsible therefor, assessmentr *uy be lawfully
imposed for any items of cortmon expense including but not limited to, maintaining, iepairing and
replacing the domestic and irrigation water systems, roads, paths and all commor, *.u imirovements,
expenses of the Architectural Committee; and insurance, accounting and legal functions of the
Association. The Board of Directors may establish contingency and reserue funds rr"".ss*y to satisfu the
maintenance of the Association's obligations and to fund any other anticipated costs and .*p"rr., of the
Association to be incurred in pursuit of its purposes. Contingency and reierve funds shall be in such an
amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each
Owner shall be required to contribute such Owner's pro-rata share to these funds. Rs used herein, an
Owner's pro-rata portion of common expenses shall mean a fraction formed by the number of Lots
purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator).
The Board of Directors shall have the right during any calendar year to levy and assess against all of the
Owners a special assessment for such purpose or pu{poses, in accordance with this Declaration, the
Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall
be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined
by the Board of Directors.
B. Lien for Nonpayment of Assessments. All sums assessed by the Board of Directors, anyfines which may be levied on an Owner, and unpaid utility fees and assesiments charged to an Ownei,
shall constitute a lien against such Lot superior (prior) to all other liens and encumbrancel, excepting only:
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Tax and oycoial assessment liens on the Lots in fi of any govemmental assessing
2. All sums unpaid on a flrst mortgage of record, including any unpaid obligatory sums
as may be Provided bY encumbrance.
Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above
described shall be superioitoihe homestead exemption provided by colorado Revised Statutes $ 38-410-
201, et seq., a11d each Owner hereby agrees that the-acceptance of the deed or other instrument of
conveyanc" fo, *y Lot shall signiff sucligrantee's waiver of th. homestead right granted in said section
of the Colorado statutes.
Any recorded lien for non-payment of the common expenses may be released by recording a
release of lien executed by a member of the Board of Directors.
If any assessment shall remain unpaid thirty (30) days after the due date thereof, such unpaid sums
shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or
at such rate as is determined by the Board of Directors. The Board of Directors may also impose a late
charge on such defaulting owner as may be established by the Board of Directors. In addition, the Board
of Directors shall be entitled to collect reasonable attorneys' fees and costs incurred in connection with any
demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of
Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of
the of the Lot Owner and the legal description of the Lot. Such notice shall be signed by one (1) member
of the Board of Directors and shill be recorded in the office of the Clerk and Recorder of Garfield County'
Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner
as a mortgage on real propeity upon the recording of a notice of claim thereof. In any such foreclosure,
the Owner shall be ,"qrir.a to pay the costs and expenses of such proceedings, the costs and expenses for
filing the notice or claim of liin, and all ,euroouble attorneys' fees and costs. The Owner shall also be
required to pay to the Association any additional assessments levied against the Lot during the period of
foreclosure,-and the Association shall be entitled to the appointment of a receiver to collect the same. The
Board of Directors for the Association shall have the power to bid on the Lot at a foreclosure sale and
acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to
any other remedies it may havi at law or in equity, may also sue an owner personally to collect any
monies owed the Association.
C. Enforcement Action. The Association, acting by and through its Board of Directors, shall
have the right to prosecute any action to enforce the provisions of this Declaration by injunctive relief on
behalf of itself and all or partof the Owners. In addition, each Owner and the Association shall have the
right to prosecute any action for injunctive relief and for damages by reason of any violation of this
DIclarati,on. The prevailing party in any enforcement action shall be entitled to an award of its reasonable
costs and attorneys' fees. ihe Board oi Directors shall be entitled to assess penalties for late payment of
assessments due the Association and to collect interest thereon at rates to be determined from time to time
by the Board of Directors. After thirty (30) days written notice to any owner of a violation of this
Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in
addition to the other remedies set forth herein, a penalty of up to one Hundred Dollars ($100.00) per day
for every day the violation exists or continues after the expiration of said thirty (30) day period.
D. Limitations on Actions. In the event any construction, alteration or landscaping work is
commenced upon any of the Lots in violation of this Declaration and no action is commenced within one
(1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied' but an
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action for damages shall.still--,..,available to any party aggdeved. This one (l) year limitation shall notapply to injunctive or equitable rilief against other violations of this Declaration.
ARTICLE IX
RESERVED EASEMENTS
A. Easements Shown on Final Plat. The Association is entitled to use all easements as uuereflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amountfor the use and enjoyment of such easements. The Association shall pay for the cost of maintaining andrepairing any improvements, which it constructs on any easements.
B. Easements; Utitity Companies; Underground Utility Lines. All easements shown on thePlat have been created or reseryed for the purposes indicated on such Plat and/or in this Article. No LotOwner may erect any structure of any type whatsoever in such easement areas, nor may an Owner oroccupant use the surface of such easement areas for any private use other than landscaping or permitted
agricultural activities which will not interfere with the use of said easement by the persons-o, ertiti., fo,whose benefit it has been created or served and which receives the prior *ritt", approval of theArchitectural Committee.
With respect to easements created for utility purposes either by the terms of this Declaration or anyother recorded agreement or on the Plat, any and all bona fide public and private utility service companies,special utility districts and owners of interests in ditches shall
-have
the right of access, ingress, egress and
use of such easement areas for the installation, operation and mainter*." of ditch facilities ,iA utitityfacilities serving the Subdivision. Except as to ipecial street lighting or other above-ground facilitieswhich may be expressly required by the County, no above-grorrd utitity lines or facilities or any type(except meters, risers, service pedestals and other surface installation. n....rury to maintain or operateappropriate underground facilities and ditches and associated facilities) shall be erected or installed withinthe Subdivision whether upon Lots, Common Areas, easements, streets or rights-of-way of any type, eitherby a utility company, a Lot Owner, the Association or any other person or eitity (including Uut not limitedto any person owning or acquiring arty part of the Subdivision) and all utility lines and facitities (including
but not limited to water, sewer, gas, electricity, telephone and cable TV) shall be buried undergiound to adepth of not less than thifty (30) inches.
C. Additional Easements. Declarant and the Association specifically reserve the right toconvey to an electric company, natural gas supplier, cable television or communica-tions systems supplieror any other utility supplier additional, nonexclusive utility easements across existing uiitity easementswithin the Subdivision for ingtess, egress, installation, reading, replacing, repairing *i*uirtrining utilityfacilities. However, the authority to grant such easements shall not exlend to permitting entr, onto anyLot, nor shall any utilities be installed or relocated on any Lot, except as approved by the Association orDeclarant.
Should any entity furnishing a service covered by the general easement herein provided request aspecific easement by separate recordable document, the Association or Declarant shali have the right togrant such specific, descriptive easement over the Subdivision Property without conflicting with the termshereof. The easements provided for in this Anicle shall in no way adversely affect an/other recordedeasement on the Property. The Owner of a Lot subject to such easernent shail cloperate with Declarant andthe Association and take all actions, including, without limitation, executing any documents evidencingsuch descriptive easement as reasonably requested by the Association or Declirant.
Dec laration of Protective Covenant
Gilead Gardens
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ARTICLE X
INSURANCE
A. Types of Insurance. The Association shall obtain and keep in full force and effect the
following insurance coverage:
1. Fidelity coverage against the dishonesty of employees, destruction or disappearance
of money or securities, and forger!. This policy shall also cover persons who serve the Association
without compensation.
2. Coverage for members of the Board and offlcers of the Association, including
committee members, igainst libel, slander, false arrest, invasion of privacy, errors and omissions,
and other forms of liability generally covered in offtcers' and directors' liability policies'
3. property insurance on the Common Area for broad form covered causes of loss;
except that the total amount of insurance must be not less than the full insurable replacement costs
of the insured property less reasonable deductibles at the time the insurance is purchased and at
each renewal date,-exciusive of land, excavations, foundations, paving areas, landscaping and other
items normally excluded from property policies'
4. Commercial general liability insurance against claims and liabilities arising in
connection with the o*o"rrhip, existence, use, or management of the Common Area and the
Association, in an amount deerned sufficient in the judgment of the Board, insuring the Board, the
Association and their respective employees, agents, and all persons acting as agents' Declarant
shall be included as an additional instued in Declarant's capacity as an Owner and Board member'
The owners shall be included as additional insureds, but oniy for claims and liabilities arising in
corurection with the ownership, existence, use, or management of the Common Area' The
insurance shall cover claims of one or more insured parties against other insured parties.
B. Additional Coverage. The Association may carry such other and further insurance that the
Executive Board considers uppropriut", including insurance on Lots, or insurance covering the acts or
omissions of off,rcers, directtis, employees or agents of the Association, or other insurance that the
Association is not obligated to carry to protect the Association or the Owners.
ARTICLE XI
GENERAL PROVISIONS
A. Declaration to Run. AIl of the covenants, conditions and restrictions contained in this
Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall
inure to the owners, and the benefits and burdens of all said covenants, conditions and restrictions shall
run with the title to all of the Lots in the Subdivision.
B. Termination of Declaration. In the event this Declaration has not been sooner lawfully
terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and
the provisions herein containid, this Declaration may be terminated on January 1,2025, by a majority vote
of tle Members of the Association at a meeting of the Members duly held. If this Declaration is not so
terminated, then it shatl continue to be in futt foice and effect for successive twenty-five (25) year periods
unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a majority vote of
the Members of the Association at a meeting of the Members duly held. In the event of any such
termination by the Members, a properly certified copy of the resolution of termination shall be placed on
D ec larqt ion of Pr o te ctiv e C ov enant
Gilead Gardens
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record in Garfield County, Co -do, not more than six (6) months after ure meeting at which such vote is
cast.
C. Amendment of Declaration. This Declaration may be amended by a vote of at leastseventy-five percent (75%) of the Members of the Association, ruid vote to be casi at a meeting of theMembers duly held, provided a properly certified copy of the resolution of amendment be placed on recordin Garfield county, Colorado, no more than six (6) months after said meeting.
D. Severability. Should any part or parts of this Declaration be declared invalid orunenforceable by any court of competent jurisdiction, such decision shall not affect the validitv of theremaining provisions of this Declaration.
E. Paragraph Headings. The paragraph headings within this Declaration are for convenienceonly and shall not be construed to be a specific part of the terms hereof.
F. Limited Liability. The Association and the Board of Directors shall not be liable to anyparty for any action or for any failure to act with respect to any matter if the action taken or failure to actwas in good faith without malice. The Owners severally ug.". io indemnifu the Association and the Boardof Directors against loss resulting from such action or failure to act if tfie Association and the Board ofDirectors acted or failed to act in good faith and without malice.
G. Compliance with Law. Notwithstanding any other provision contained herein and subjectto the right of reasonable contest, Lot Owners shall comply with applicable federal, state and local laws,rules and regulations with respect to the Property. Such law^ includes, without limitation, federalenvironmental statutes and regulations, Colorado Department of Public Health and Environment statutesand regulations, and Garfield County zoning, subdivision, building code, individual sewage disposalsystem, and road and right-of-way use regulatory enactments. In the event of conflict betweeriapplicable
laws, rules and regulations and these Declarations, the more restrictive shall apply and, in any went, theprovisions of these Declarations shall not contravene conditions of subdiviiion appioval 6y GarfieldCounty or violate the Garfield County land use and buitding codes and other applicable rlsolutions,
ordinances and regulations.
IN WITNESS WHEREOF, this Declaration of Protective Covenants for Gilead Gardens has beenexecuted as of the day and year first above written.
DECLARANT
BBD Trust, a T
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'- :. ^r\O j (t ;-r- Pge"' ...'a$ Sii, o/-"' .. . .d.$11.r;'i r-n op cO.t *t-
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**<q-
vid , Co-Trustee
Dec laration of Prote ctive Cov enant
Gilead Gardens
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Renee , co-T
Page 22 of23
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged and sworn to before me this a? daY of
2007, by the Declarant, David J. Miller and Renee T. Miller, Co-Trustees for the BBD
a Trust.
My commission exPires:q - lt- OQto
Witness my hand and official seal'
Public
De c laration of P r ote ct iv e C ov e nant
Gilead Gardens
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oFFIGE OF THE -TArE E-ryqluFER - - -- -
F"5.'rrp,t+ip'pi.'*x"sgrou*J,F#,.BESou
RGES
UTM COORDINATES .
APPROVED WELU LOCATION
GARFTELD COUNTY
ai il4 NW 114 Section 7
il*n=nil o s Range 91 w Sixth P'M'
DISTAI{CES FROM SECTION LINES
ZWZ ftfrom North Section Line
aOge fa from East Section Une
(303) 86es581
APPLTGAN.T
GILEAD CANOENS HOMEOWNERS A$SOCIATION
1577 CR 335
NE1 / CASTLE, CO 8't647-
(970)87e2205 Northing:Easting:
WELL PERMIT NUMBER
Drv..5 wD45
o56217 _7
DES. BASIN MD
THIS PERMIT DOES NOT CONFER A WATER RIGHT
tSSUAtICE OF
coNDmPNS OF APPROVAL
as to c.rt 38 no iraterial irrj'ty; existing waaer rigtfs' Tre issuan@ of this
injury wilt occu. to anotfrer vesteO uatei rlgtrt or predude another owner of
pernit
1)
2)
.3)
rhis wdl shall bo used m sucf,t way vested
cloes not assure the apdicant hat no
uratgr nsht lrom seeking relief ln chrtl court ac{ion.&2-2,unless apProval
with the Water WellCorstudton Rules 2 ccR
The construdion of th'6 w€ll shall bo ln compliance
Well Constsuclion and Pump ln$allatlon
has been granted by Tle State Board of E:<aminers of Water
ol a varlance
Contsactors tn accordance witt Rule 8.
7 cancelled)'approPdating
for tfls change of usg of an existir1g well (no.r0651
flpproved pursuant to cRs 37-9G1 s7(2)
of direrdon to the Arlalarrche Canal ard Stphon,on the
ground ffiter tributarY to the Colrrado RivEi,as an altemate point
Distlct's substihrte watersuPPlY
shall be opemted onlY wfien ttte West DMde Water Conservancl the Westconditbnthatthewdl
YYater allolnent conbact between tho well ounEr qnd
approved by ltle State Eng'ineer'is ln etre€n and vrhen a
is tn efiect or under anplan,
Disfrict for lhe rel@se ol replacernent water ffim Ruedi Reservolr
DMde Water @nsewancY #OlO322GGl'lA(a)-
apProved p&an lor augmenlation'WDWCD conlracl slngle family dweflings
this well ts limlted to ordlnarY household puPOSes lnside eight (8)
4)Ths use of gmund waterfom tpn 1 8,000 sqlEre feet of gardens and lawns
rr accessoty dffelling untq,the inigaton of rlot rtorg of this rmll tril b€and seven
and the watedng of 2g horses/domedic animals.N usro
(approximatelY 1 200.square tuettunit),
augmenlation is in effeet'This 'J'rell is known €lsl GILEAD
curtailed unless the water altrctment contlect or ptan for
GARDENS WELL*I.
5) ffre malm,m pumping rate of th'E'"e[ shau not e'ceed 15 GPM'
6)TheaverageannualamourilofgrDundwatertobeappopriatedshaltnoto<ceed7.63acr+feet.
7r The owner shaumart ffre rire, rn a conspicuors ptace'rv*r wdr permit nurnbds), name of the aquifer, ard court case
numbe(s) "" "pptpoa]".
ihe owrrer shan take'necessary means and pric"t.lrlons to preserva these ma*ings'
s) This.vre, shalr be rocatod not rrore than 200 feet f,om rhe roca.on speci'ed on thb permit and not l'ss than 600 feet lrom
any existing well, completed tn.the same "qq,f"i
Gi'" iot owneO UV tftt 'ppfiot't ierctuOng permit no' E8469'A waiver
has been subrnitted iiu't" *"n owner)" '
.-,..arruiaa a*{or Ferm2 t
g) A toiarizing ftor meter must be insta[ed on tnis we, and maintained in good norking order- permanent records of all
l . dive*ions must be maintained by the we* owner (recorded at reast annuary) and submitted to the Division Engineer upon
request.of 2,002 fest from the north section lirie and for the above
NOTICE:This permit has been approved for a well locatlon You are herebY notified that
indicated by revised Tabte submitted on July 26,2001
relerenced uses and amounts (as
permli,written rcquest with this office within sixly (60)days of the
the rEht to appeal the as$tan@ of ttris by fling a 1(8,c.R.s.uD /tl-o1),ou have Aa Section 244-1M through
date of iisuanco,pursuant to the State Administrative Procedures (See
State Engrtnee(
*
1L3lJU
APPROVED
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BoUNDARIES
UNLIMITED INC.
Consulting Engineers
March 11,2006
.;;9tr*i';ri:i,
f'rAR 1 3 2006
,..,..,.-.. ., ..'..i,:i.;
SIAIT L , ],,,\LIlIt
JoL0
Mr. Craig M. Lis
Office of the State Engineer
Division of Water Resources
1313 Sherman Steet, Room 818
Denver, CO 80203
RE: Gilead Gardens Final Plat
Well Permit No.: 56217-F
Dear Craig:
As per our recent phone conversation, Garfield County is concerned that the conditions stated in
the above referenced well permit may not cover the conditions indicated on the proposed Gilead
Gardens Final Plat and is requesting that the Well Permit should be modified to match the plat.
The following table presents a side by side comparison of the conditions for the well pennit and
final plat:
WaterUses
Single Family Dwellings Units
Accessory Dwellings Units
TOTAL DWELLING LINITS
Irrigated Gardens & Lawns (Sq- Ft.)
HorseVdomestic anialals
Well
Pennit
8
7
15
18,000
28
Final
Plat
9
5
l4
14,000
27 (livestock)
Obviousiy, the permitted uses do not match the conditions of the Finai Plat. However, does the
proposed Final Plat conditions violate the well permit conditions.
Please contact the Fred Jarman, Garfield Counties Assistant Planning Director, at (970) 945-8212
or myself, if you have any questions or need further clarification.
Sincerely,
BOUND ITED INC
Project
CC:Fred Jarman
Dan Kerst
David Miller
PE
923 Cooper Avenue I Suite 102 | Glenwood springs I colorado 81-601 1 ph 970.945.5252; Fax g70.394.2933
STATE OF
OTFICE OT THE STATE ENGINEER
Divis'on of Water Resources
Departrnent of Natural Resources
1313 Sherman Street, Room 818
Dmver, C-olorado 80203
Phone (303) 865-3581
FAX (303) 856-3589
r /ww:water.ste.co.u5
Bill Or,vens
Gorrcmor
Russell George
Exeortive Director
Hal D. SimPem. PE.
SOte Engneet
Fred Jarman
Garfield CountY Planning DePt
1oB 8th St Ste 201
Glenwood SPrings CO 81601
April4,2006
Craig M.P.E.
Water Resource Engineer
Re:Gilead Gardens SubdMsion Preliminary Plan
W%, Sec.7, TOS' R91W,6TH PM
Watlr Division 5, Water District45
Dear Mr. Jarman:
Based on the attactred letter, and nry review of the pe.rmit file, specifically Table 1'
Estimated Water Use Requirements, tt'. ,.Lt-p.po..A ioiyris development are within the uses
altowed by permiil.{o sozii-i. The tasis-to uii.tpin'ron is.that tl're waier use estimate for single-
famiry dweiling unis ald-adssory dweili;;';i[l* io"rticar, so the cfianging the type of unit
does not alter the *"t"iut* Also,-the t",jining uses are less than the permitted uses'
A suctr, this office has no obieclion to the use of well permit 56217'F for household
purposes inside nine (9) singtefam.ily Or"ifiigrnits a"O n'." tSl accessory dwelling un'tts' the
inigation of 14, ooo ,i,.i"r"i."t of liwns "nJ-griO"nt,
and.Giering of 27 horses/domestic
animars. Note that this opinion is specmcioiriir ;;*ii,ind does n6t reflea an opinion resarding
the use of other well Permib'
Pleasecontactmeiflmaybeoffurtlrerassistianceinthismatter.
SincerelY,
CML: Gilead Gardens vii.doc
cc: Alan Martellaro, Division Engineer, Division 5
Bill Blakeslee, Water Comrnissioner, District 38
Bruce D. Lewis, Boundaries Unlimited lnc'
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BY-LAWS
OF
GILEAD GARDENS HOMEOWNER'S ASSOCIATION, LTD
ARTICLE I
MEMBERSHIP AND VOTING RIGHTS
Section 1. Owners-Members: Menrbership in this Association shall be set forth in the
Declaration of Protective Covenants for the Gilead Gardens (hereinafter the "Declaration") as
recorded in the records of the Clerk and Recorder of Garfield County, Colorado. This Association
is a nonprofit corporation established under and by virtue of the laws of the State of Colorado.
Section 2.
Declaration.
Rieht to Vote: Members shall have such voting rights as provided in the
Section 3. Proxies: Voting by proxy is hereby authorized provided that all proxies shall
be filed with the Secretary of the Association at least 48 hours prior to the time of any meeting.
Section 4. Ouorum: A majority of the members entitled to vote shall constitute a quorum
for the transaction of any business of the Association, including the election of Directors.
Section 5. Adoption of Resolution: It shall require a vote of not less than the majority
of the members present at a meeting in person or by proxy to adopt a resolution presented at a
members meeting for adoption.
ARTICLE II
MEMBERS MEETINGS
Section 1 . Annual Meetines: An annual meeting ofthe members ofthe Association shall
be held on such date and at such time and place as maybe fixed by the Board of Directors.
Section 2. Special Meetings: Special meetings of members of the Association may be
called by the President, or by resolution of the Board of Directors of the Association, or upon a
petition signed by not less than a majority of the mernbers entitled to vote, the same having been
presented to the Secretary. A notice of any special meeting shall state the time and place of the
meeting and the purpose thereof. No business shall be hansacted at any special meeting except as
stated in such notice, unless by agreement of more than 50% of the me,mbers present and entitled to
vote, either in person or by proxy.
Section 3. Place of Meeting: Meetings, both regular and special, of the rnembers shall
be held at such suitable place within Garfield County, Colorado, as may be designated by ttre Board
of Directors of the Association.
Section 4. Notice of Meeting: Notice of the annual meeting of members of the
Section 4. Notice of Meeting: Notice of the annual meeting of members of the
Association, setting forth the place, date, and tirne of such meeting, shall be rnailed to members
entitled to vote at least thirty (30) days prior to the date fixed for such meeting. Notices of special
meetings shall be given to members entitled to vote at ieast fifteen (15) days prior to such meeting.
All such notices shall be mailed by the Secretary of the Association, postage prepaid, and addressed
to the member entitled to vote at his last known address shown on the records of the Association.
Section5. Adjourned Meetines: Ifanymeetingofthememberscannotbeconducted for
lack of a quorum at said meeting, either in person or by proxy, the President may adjourn the meeting
to a later date not more than ten (10) days from the tirne of the original meeting.
Section 6.
shall be as follows:
Order of Business: The order of business at the annual meeting of members
(a)
o)
(c)
(d)
(e)
(D
(e)
(h)
(i)
Roll call of members present entitled to vote
Irspection and verification of proxies
Reading of minutes of the preceding annual meeting
Report of officers
Presidenfs report
Committee reports
Election of members of the Board of Directors
Unfinished business
New business
ARTICLE III
BOARD OF DIRECTORS
Section 1. Number and Oualification: The affairs andbusiness of the Association shall
be conducted by a Board of Directors consisting of not less than three(3) nor more than five(5), the
specific number of Directors to be set by vote of the members at the annual meeting of members
whereupon the members shall elect the specified number of Directors. Members of the Board shall
serve until their successors are duly elected and qualified.
Section 2. Election and Term of Office: At annual meetings of the members the terms
of office of the Directors may be fixed for such period of time as the members entitled to vote may
determine, and such terms may be staggered, that is to say, various members may be elected for
terms of different tengths so that there wiii be a carryover of old Directors at each annual meeting,
and only new Directors will be designated thereafter, provided that nothing herein contained shall
prevent the election of a Director whose term has expired to a new term as such Director.
Section 3. Vacancies: Vacancies in the membership of the Board of Directors caused
for any reason other than the removal of a Director by a vote of the members as herein permitted
-2-
shall be filled by a vote of a nrajority of the rernaining Directors even though they rnay constitute less
than a quorum; and each person so elected shall be a Director until his successor is elected at the next
annual meeting of the members.
Section 4. Rernoval of Directors: A Director may be removed as such at any regular or
special meeting duly called, with or without cause, by a vote of a majority of the members entitled
to vote, and a successor rnay then and there be elected to filI the vacancy thus created. The term of
office of any Director shall be declared vacant when such Director ceases to be a member of the
Association by reason of the transfer of his ownership of a unit.
Section5. Compe,nsation: Directorsshallnotbepaidanycornpensationfortheir services
performed as such Directors unless a resolution authorizing such renumeration shall have been
adopted by the Board of Directors of the Association and ratified by resolution of the members.
Directors may be reimbursed for actual expenses incurred in connection with their duty as Directors.
Section 6. Organization Meeting: Within aperiod often (10) days following the election
of newly elected Board of Directors, an organization meeting of the Directors shall be held at a time
and place fixed by the Directors, at which meeting officers of the Association shall be elected as
provided for in Article [V hereof.
Section 7. Rezular Meetings: Regular meetings of the Board of Directors shall be held
at such time and place as shall be determined from time to time by the President of the Association
or by a majority of its Board of Directors. Notice of regular meetings of the Board of Directors
setting forth the place, date, and time of such meeting, shall be glven each Director personally or by
mail, telephone, or telegraph, at least three (3) days prior to such meeting.
Section 8. Special Meetings: Special meetings of the Board of Directors maybe called
by the President or Secretary on 48 hours notice to each Director given personally, by mail,
telephone, or telegraph, which notice shall state the date, time, and place of the meeting and the
purpose thereof.
Section 9. Waiver of Notice: Before or at anymeeting of the Board of Directors, ffiY
Director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent
to giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of
notice by him of the time and place thereof. If all the Directors are present at a meeting of the Board,
no notice shall be required and anybusiness may be transacted at such meeting.
Section 10. Ouorum: A majority of the Board of Directors then in office shall constitute
a quorum for the transaction of any business of the Association, and the act of a majority of the
Directors present at a meeting at which time a quorum was present shall be the act of the Board of
Directors. If at any meeting of the Board of Directors there be less than a quorum present, the
majorityofthosepresentmayadjournthemeetingtoalaterdate. Atanyadjoumedmeetingatwhich
a quonrm is present any business that might have been tansacted at the meeting as originally called
rnay be transacted without further notice.
-3-
Section 1 l. Manager or Manasing Agent: The Board of Directors may engage the
services of a manager or managing agent for the purpose of administering and carrying out the
pulposes and intent of the Declaration; provided, however, the manager or managing agent shall not
have authority to levy assessments or to take action which affects the title of a Unit owner in and to
such owner's Unit, or his interest in the common elements, which rights shall be reserved to the
Board of Directors, subject to the vote of the members of the Association as provided in its Articles
or these By-Laws or in the Declaration.
Section 12. Duties: The Board of Directors shall be entitled to designate and remove
employees orpersonnel as necessary for the operation, maintenance, repair, and replacement of the
common element.
Section 13. lndemnification: The members of the Board of Directors shall not be liable
to the members of the Association for anymistake ofjudgment, negligence, or otherwise, except in
the event of willful misconduct or malfeasance. The Association shall indemnifu and hold harmless
each of themembers of the Board of Directors against all contractual liabilities of others arising out
of contracts made by the Board of Directors on behalf of the Association and its members, and in
connection with any act performed pursuant to the Declaration, u less such Director or Directors are
adjudged guiltyofwillful misconductormaifeasance in theperformance oftheir duties as Directors.
ARTICLE tV
OFFICERS
Section 1. Desienation: The principal officers of the Association shall be a President,
Vice President, Secretary, and Treasurer, all of whom shall be elected by the Board of Directors. The
officers ofthe Association maybe combined, except that the President and Secretary shall notbe the
same person. Other offrcers or agents may be appointed or elected by the Board of Directors from
time to time.
Section 2. Election of Officers: The officers shall be elected annually by the Board of
Directors at the organizationmeeting of each new Board, and shall hold office at the pleasure of the
Board of Directors.
Section 3. Removal of Officers: Upon an affirmative vote of a majority of the menrbers
of the Board of Directors, any officer may be removed, either with or without cause, and his
successor elected at any regular meeting of the Board of Directors, or at any special meeting of the
Board called for such puqpose.
Section4. President: The President shall be the chief executive officer of the
Association. He shall preside at all meetings ofthe Association and of the Board of Directors. He
shall have all of the general powers and duties which areusually vested in the office ofthe President,
including, but not limited to, the power to appoint committees from among the owners from time
to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the
Association.
-4-
Section 5. Vice President: The Vice President shall take the place of the President and
perfonn his duties whenever the President shall be absent or unable to act. If neither the President
nor the Vice President shall be able to act, the Board of Directors shall appoint some other member
of the Board to do so on an interim basis. The Vice President shall also perfonn such other duties
as shall frorn tirne to tirne be imposed upon hirn by the Board of Directors.
Section6. Secretary: Thesecretaryshallhavetheresponsibilityforkeepingtheminutes
of all meetings of the Board of Directors and the Association and such correspondence as shall be
necessary and such other duties as shall frorn time to time be imposed on him by the Board of
Directors.
Section 7. Treasurer: The Treasurer shall have theresponsibility for Association funds
and securities, and shall be responsible for keeping full and accurate accounts of all receipts and
disbursements of the Association, and deposit its funds in such depositories as may from time to time
be designated by the Board of Directors.
Section 8. lndemnification: Officers ofthe Association shall be indemnified for any act
they may perform upon behalf of the Association in the same manner herein provided for
indemnification of members of the Board of Directors.
ARTICLE V
RI.ILES AND REGULATIONS
The Board of Directors may, from time to time, promulgate rules and regulations consistent
with and in furtherance of the covenants affecting the subject property and the Articles and Bylaws
of this Association.
ARTICLE VI
BOOKS AND RECORDS - INSPECTION
Section 1. Books and Records: The Board of Directors shall cause to be maintained at
the principal office of the Association complete books of account of the affairs of the Association.
Section 2. lnspection: Such books of account shall be open to inspection at convenient
week day business hours by any Unit owner or the mortgagee of any Unit. Such inspection by any
owner or mortgagee may be made in person, or by agent or attorney, and the right of inspection
includes the right to make extracts or perform audits. Any such inspection shall be at the expense
ofthe owner or mortgagee conducting the same. Upon ten (10) days notice to the Board ofDirectors
or to a manager or officer as may be established by the Board of Directors from time to time, any
Unit owner or fust mortgagee shall be furnished a statement of account setting forttr the amount of
an unpaid assessments or other charges due and owing in connection with the Unit in which said
Unit owner or mortgagee holds an ownership or lien interest.
-5-
ARTICLE VII
SEAL
The Board of Directors may, as it deems necessary, provide a corporate seal in which event
such seal shall be circular in form, and shall have inscribed thereon the name of the Association and
the state of incorporation and the word "Seal".
ARTICLE VII
AMENDMENTS
These By-Laws may be amended by a majority vote of the Board of Directors at any regular
meeting or any special meeting called for such purpose. The notice of the meeting to amend the By-
L^aws shall specifo the amendment in such notice. No By-Laws shall be amended nor shall
supplemental By-Laws be added hereto which shall be in conflict with the statutes of the State of
Colorado or the conditions, provisions, and terms of the Declaration.
adopted at a meeting of the Board of Directors held the.t The foregoing By-Laws were duly
(/3.aut of Aiy; [ , A.D., 2006.
Secretary 5"r.<--Levs,s
-6-
I
GARFIELD COUNTY
APPLICATION AND PERMIT
FOR PRE-EXISTING INSTALLATION(S )ENCROACHING IN A PUBLIC RIGHT.
OF--WAY, Section 3.2.4 Road Right -of -Way Use Regulation
s Name: BBD Trust, a Trust and its successors in interest
Road 335
Installation EXISTING encroachment(s), specifically two (2) out-buildings, garage
and pole barn s)")
: COUNTY ROAD 335Locationhighway
The Board of Commissioners of Garfield County, Colorado ("B0CC") and Permittee recognize
and agree that the Installation(s) were pre-existing at the date of request by Permittee for
permission to leave the Installation(s )in the public right-of-way and no portion of the
Installations(s) are located on the traveled surface of the public right-of-way. Permission to
retain the above-described Installation(s) at the location specified is granted, subject to the
following terms, conditions and special provisions:
1. The Installation(s) are presently owned by the Permittee, shall be maintained by the Permittee
and shall remain in the public right-of-way at no expense whatsoever to the BOCC.
2. Should the Installation(s) be removed or replaced by the Permittee, the encroachment
permitted herein will no longer be permitted, and no replacement shall be constructed within the
public right-of-way.
3. In the event any changes are made to the public right-of-way that would necessitate removal
and relocation of Installation(s), Permittee shall do so promptly at its own expense upon written
request from the BOCC. Should the Permittee fail to accomplish such relocation at Permittee's
cost, the County may revoke the Permit, remove the Installation(s) and charge the full cost of
such temoval to the Permittee.
4. Permittee shall be responsible for any repairs to the public right-of-way, including the
traveled surface, necessitated by the presence, use, removal, alteration, improvement or
maintenance of the Installation(s).
5. Permittee shall hold harmless the BOCC and its representatives, agents and employees from
any and all claim, liability, loss, cost, and expense which may arise out of or be connected with
the Installation(s), including without limitation the maintenance, alteration, improvement,
removal, presence or use of the Installation(s) or any work or facility connected therewith,
whether by an act or omission of the Permitee or any of its agents or representatives. The
Permittee shall be responsible for and shall pay for any and all damages and the costs of defense
arising out of such, as well as pay for damage to County property.
6. The Permittee shall provide the BOCC with a Certificate of Insurance, including public
liability and property damage insurance in the minimum amounts of $150,000 per person and
$600,000 per occurrence, written by a company authorized to do business in the State of
Colorado and containing a provision that the insurance shall not be cancelled, terminated,
1
I
changed or modified without ten (10) days wriuen notice to the BOCC. The Certificate ofInswance shall name the BOCC as an additional insured pursuant to the terms of the permit.
7. No open trench is permitted in or on the traveled surface of the public right-of-way after dark.
8. Any materials from excavation related to the Installation(s) shall be removed from the
traveled surface of the pubtic right-of-way each day before dark.
9. Permittee shall maintain the Installation(s) at all times in order to prevent movement of water
and debris onto the traveled surface of the public right-of-way
10. If the BOCC so requires, Permittee shall mark the Installation(s) at designated locations in a
manner acceptable to the B0CC or their representative(s), as needed for the safety and welfare ofthe public.
11. Permittee shall advise the Garfield County Road and Bridge Department at least 48 hours in
advance of the time at which work on the Installation(s) is to commence.
12. The public shall be protected during any work on the Installation(s) with proper warning
signs or signals, both day and night. Warning signs and signals shall be instalLd
-by
and at tf,e
expense of the Permittee and in accordance with directions given by the BOCC or their
representative(s).
13' The BOCC is not responsible for any damage that may result to the Installation(s) located in
the public right-of-way during maintenance of the travelei surface or any other portion of thepublic right-of-way.
14. Permittee shall shut off gas, electric, water and other utility lines and remove all combustible
materials from the public right-of-way when requested to do so by the BgCC, as deemed
appropriate by the County for road construction, maintenance operations, or other public need.
15. Should any portion of the public rightof-way be disturbed during maintenance, alteration,
improvement, removal, presence or use of the Installation(s) or u poriio, of the Installation(s),
the Permittee shall restore the area within the public righrof-wayio its pre-existing condition.
16' Any backfilling in the public righcof-way and/or cutting of the haveled surface, whether ornot asphalt, shall require a separate permitting process with the Garfield County Road andBridge Department, which permit shall define the methodology, materials, equipment and
operational procedures to be used.
17. Where reference is made herein to representative(s) of the BOCC, such representative shall
be the Diskict Road Supervisor or Director of the Roaa and Bridge Department, unless otherwisespecified in writing by the BOCC.
18' This Permit relates only to the public right-of-way and is not a grant of permission to enterinto private property adjacent to the right-of-way o, uit., or disturb installation(s) existing within
2
1L
the right-of-way installed or owned by other parties.
19. This permit is not a substitute for compliance with any land use permit otherwise required by
the BOCC.
t'20. The fee established by the BOCC for this Permit is O, uo
Special Provisions
In making this application and accepting ttris Permit the undersigned Permittee or its/his/her
authorized representative verifies that sftre has read and understands all of the foregoing
provisions and has authority to sign for and bind the Permittee, and that by virtue of his/her
signature, below, the Permittee is bound by all the conditions set forth herein if the Permit is
approved and executed by the BOCC, below.
Permittee:
By:
Title:
APPROVED AND GRANTED this _ day of 2007
BOARD OF COUNTY COMMISSIONERS
ATTEST:GARFIELD COUNTY, COLORADO
Clerk to the Board Chairman
BBD Trust Encroachment Permit.nf
J
DATE (rtMIOO/YYYY)
08t28t2007
PRODUCER
THE INSURANCE OFFICE INC
0326 Highway 133 Suite 130,Carbondale, CO 81623
970-963-3671, fax 970-963-2859
ALIEl( II"IE UL'VEM('E ATTUXUEU EY INtr TULIUIE} E
INSURERS AFFOROING COVERAGE irArc,
rNsuRER A NATIONWIDE MUTUAL INSURANCE COMPANY
INSURSR B
INSURER C:
INSURER D:
BBD TRUST, A TRUST
1577 COUNTY ROAD 335
NEW CASTLE, CO 81647
970-876-2205
INSUfED
INSURER E,
-
-r-\ACOR,}l-./-GERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ]SSUED AS A iIA'OF INFORHATION
ONLY AND CO}.IFERS NO RIGI{TS UPOI'I THE CERTIFICATE
HOLOER. THIS CERTIFIGATE DOES NOT ATEND, EXTEND OR
AFFORDED BY THE POLICIES BELOW.
$
CERT'FICATE HOLDER
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONoITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE fvtAY BE ISSUED OR MAY
PER'T'AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUEJECT TO ALt THE IERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSH
LTR TYPE OF INSURAHCE POLICY NUt{BER POLICY EFFECI IVhDATE (Ml'lrDDIrY)POUCY EXPIilIIUNDATE (flil/DD/YY)usrTs
A GENERAL UABILITY
COMMERCIAL GENERAL LIABILII Y
CLAIMS MAOE I occun
l
GEML AGGREGATE LIMI-I APPI-IES PER:
/l eoucv l-l pnolrc'r [-l loc
FPK7502443029 11t0912007 11t09t2008 EACH OCCURRENCE $1,000,00{}
DAMAGE IORENIEI)
PREMISES IEe l]lrrenel $
MED EXP (Any oae psEon)$5,000
PERSONAL & ADV INJURY $1.000,000
GENERAL AGGREGATE $2.000.000
PRODUCIS. COMP/OP AGG $2.000.000
j'T:"1r,,*"""
] alr- owren ruroslffl_l
SCHEDULED AUTOS
IiIRED AIJTOS
NON-Owl{ED AUTOS
COMEIrlED SINGLE
(Ea aErdent)
LIMIT i
BODILY INJURY(Porp@m)3
BOOILY INJURY
(Per a@ident)$
PROPERTY DAMAGE
(PFr a@rdml)
f_1 ANY AUIO
AUTO ONLY - EA ACCIDENT $
OTHER THAN
AUTO ONLY:
EA ACC
AGG
EXCESS'UTBR€LLA LIAEIUTY
] occun T cL.o,*rs ueor
l'l DEDUCTIBLE
RETENTION $
EACH OCCURRENCE $
AGGREGATE $
$
$
3
WORKERS COI(PEilSANON AIID
ETPLOYERS' LIABILITY
ANY PROPRIETOR/PARI'IER/EXECUTIVE
OFFICER,iMEMBER EXCLUDED?
ll yos, dasslbe undtr
SPECIAL PROVISIONS b;lw
wL S tAl u-
-
uttl-I TORY LIMITS I I ER
E L. EACH ACC'DENT
E,L, OISEJ\SE - EA E,IiPl.OYff $
E r. DrsEAsE - por rcv l,url e
OTHEf,
DE5SRIP IIM 9t UrcU I IUNs ' LOCA I IUNS ' YEHIULtss I UULUSUTts AUDtsO BY tstrDQnsEilEilI / IiPECIAL FI'T'VISIONS
This certiflcate is provided for the purpose of the Mille/s and the BBD Trust's application and permil for Pre-Existlng lnstallation(s)
Encroaching in a Public Right-of-Way in Garfield County.
BOARD OF COUNTY COMMISSIONERS
108 8th Street #213
Glenwood Springs, CO 81601
phone 970-94550M, fax unknown
I
SHOULD ANY OF THE AtsO\'€ OE CRBED PC'LEIES BE CAI'CELLED BEFME THE EJIpIRANO"
DATE TxEREoF, THE r6surxc nlsuRER wrLL EroEAvoR To rrArL 30 o*vs wnrren
}.IOIICE TO THE CERTTEATE }iOLDES.'.A}ED TO THE LEFT, AUT F{LURE TO DO SO ABALL
r,posE ro oBuGATIofl on r-,ar#, or *iy *,xo upolr rlrE r,sunEtq r.,, AGErfig oR
REPRESENTATT,E' ,'I /
AUrHoRrzEDREPReseyAtff,/ /,Chris Vashus / ltf /
ACORTI 25 (200r/081
CARCELLATION
@ ACORD CORPORATIOII 1888
GARAGE LIABILITY
Road 335, New Castle, Colorado 81647 (hereinafter collectively "Grantor"), and WARD REYNOLDS
DITCH COMPANY, a Colorado Non-Profit Corporation,0323 Mid Valley Drive, New Castle,
Colorado 81647 (hereinaft er "Grantee"); WITNESSETH:
THE GRANTO& for and in consideration of one dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, conveys and
quitclaims to Grantee a non-exclusive surface easement for the inspection, maintenance, repair and
operation of an emergency/excess release irrigation ditch (hereinafter the "Ditch') situated in the County
of Garfield, State of Colorado, which easement is depicted on the Final Plat of Gilead Gardens recorded
as Reception No.in the office of the Garfreld County Clerk and Recorder;
WITHOUT warranty of any kind, express or implied;
S[IBJECT TO the Grantor's reserved right to realign and install pipes or bridges on any portions
of the Ditch within the Easement, at its sole discretion and expense, provided such changes do not restrict
or reduce the delivery of water to the Ditch users pursuant to its adjudicated water rights. The Grantor
shall maintain any pipe or bridge crossing(s) installed by the Grantor or it's successor;
ALSO SUBJECT TO any and all reserved easements and rights established pursuant to the Final
Plat and/or the Declaration of Protective Covenants for Gilead Gardens to the extent not inconsistent with
the easement hereby granted.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
IRRIGATION DITCH EASEMENT DEED
THIS QUIT CLAIM DEED is made 11ri, A0 auy
BBD TRUST, A TRUST, DAVID N{ILLERAND REI\EE
of 2007,by and between
TRUSTEES,1577 County
2007,by
N lc
After recording, please retum to: Boundaries Unlimited lnc.
923 CooperAvenue, Ste 102
Glenwood Springs, CO 81601
BBD Trust, a Trust
\
By:
J
By:
T. Miller, Co-Trustee
STATE OF
) ss.
couNTY oF GARFTELD )
Acknowledged, subscribed and swom to before me this aS/ day of
David Miller and Renee T. Miller, as Co-Trustees of the BBD Trust, a Trust.
r llllltr ,ik,
'y'.. 2ARTo\\
WITNESS my hand and offlpial seal.
MyCommissionexpires: Y- r7- aoto
PUBt\G
EASEMENT DEED
rHIS QUIr cLAIM DEED Made ttris -lg:[-aav of Wrfu2ilZ:]fj"d between BBD
TRUSi, A TRUST, DAvID MILLER AI\D RENEE'MTLLER, TRUSTEES, 1577 countv
Road 335, New Castle, CO 81647 (hereinafter "Grantor") and GILEAD GARDENS
HOMEOWNERS ASSOCIATION, LTD., 1577 County Road 335, New Castle, CO 81647
(hereinaft er "Grantee") ;
WITNESSETH:
That the Grantor, for and in consideration of ONE DOLLAR and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, grant, convey-
easements on, through and across the reai property situated in the County of Garfield, State of
Colorado, described as follows:
Non-exclusive easements for the domestic water system, irrigation system (ditches,
ponds and pipelines), landsc ape area, park, and trails as depicted on the Final Plat of the
Gilead Gardens t""ota.a as R-eceptio, No. in the records of the Clerk
and Recorder of Garfield County, Colorado, together with and subject to the rights,
obligations, and limitations regarding the use of such easements as set forth on such Final
Ptaiand in the Declaration of Protective Covenants for Gilead Gardens'
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances ^and
privileges thereunto belonging or in anywise thereunto appertaining, to the use and benefit of the
Grantee, its successors and assigns forever.
N Witness Whereof, the Grantor has executed this deed on the date set forth above.
Grantor
Miller, Trustee
STATE OF COLORADO )
COLINTY OF GARFIELD )
Acknowledged, subscribed and swom to
David Miller, Trustee, and
WITNESS my hand
before me this lrf u^,
Trustee of the BBD Trust.
By
, Trustee
2007, by
After recording, please return to: Boundaries Unlimited Inc'
923 CooPer Avenue, Ste 102
Glenwood SPrings, CO 81601
&EEB'flS
My Commission
seal.
A'l-r'()ltNIlYs
DAN Kl:lls'l'
dan @)darrkcrstPc.conr
KELLY CAVE
ke I I y @) dank clstpc.c0nr
DAN KERST, P.C.
A PROFI]S SION AL CORPORATION
AITOIi.NEYS AT T.AW
823 I}LAKE AVI]NUE, SUII'E 202
GLENWOOD SPRINGS, COLORADO 8I60I
TELEPIIONII: (970) 945-2441
FACSIMILE: (970) 945-2440
PAIlALECAL
I]LISABETIICE'IZtiN
cgctzcn @)darrkcI stpc.conl
JLrly 14,2006
li'edj arm an @ garfl el d-coun ty.com
Garl'ield County Planning Departnrent
Attn: Fred A. Jarman
108 Eight Street, Suite 201
Glenwood Spdngs, CO 81601
Gilead Gardens
Our File #l 1883
Ladies & Gentlemen:
Condition No. l6 of BOCC Resolution 2003-89 requires conveyance of an easement to the
Ward Reynolds Ditch Company. I enclose a copy of Irrigation Ditch Easement Deed proposed to
be given by the Applicants to the Ditch Company. I would also take this opportunity to confirm that,
by virtue of a series of Deeds recorded as Reception Nos. 313667 through 313676, inclusive, all
interests in the Goldman Ditch, Pump and Pipeline adjudicated in Civil Action No. W-2759, as well
as all interest in the Ward Reynolcls Ditch, were conveyed to the Ward Reynolds Ditch Company,
a Colorado Non-Pr:ofit Corporation. Accordingly, the proposed Deed to the Ward Reynolds Ditch
Company addresses the easement needs related to both the Ward Reynolds Ditch and the Goldman
Ditch, Pump and Pipeline.
Irt me know if you require further intbrmation in thi
Y
DIVwfc
Enclosures
xc: David and Renee Miller-Trustees of BBD Trust w/Encs. (email: dmil12@nrindspfing.com)
Car olyn Dahlgren w/Encs. (vi a emai I : cmdalgren @ garfiel d-county.com)
Boundaries Unlimited w/Encs. (via email: bruce@bu-inc.com & hand delivery)
Re:
L
D
\u!.if{* ron}t\lt\\ind.tltk J.ll ri^x(\ {1.srir {Fl
I
I
i
I
IRRIGATION DITCH EASEMENT DEED
THIS QUIT CLAIM DEED is made this day of 2006, by and between
BBD TRUST,A TRUST, DAVID MILLER AND RENEE MILLER,CO-TRUSTEES, I 577 CountY
Road 335, New Castle, Colorado 81647 (hereinafter collectively
DITCH COMPANY, a Colorado Non-Profit Corporation,0323
Col orado 81 647 (hereinafter "Grantee") ; WITNES SETH :
'Grantor"), and WARD REYNOLDS
Mid Valley Drive, New Castle,
THE GRANTOR, for and in consideration of one dollar and other good and valuable
consideration, the receipt and sufficiency ofwhich is hereby acknowledged, hereby grants, conveys and
quitclaims to Grantee a non-exclusive surface easement for the inspection, maintenance, repair and
operation of an emergency/excess release irrigation ditch (hereinafter the "Ditch") situated in the County
oi Garfield, State of -olorado, which "ur"*"nt is depicted on the Final Plat of Gilead Gardens recorded
as Reception No. _ in the office of the Garfield County Clerk and Recorder;
WITHOUT warranty of any kind, express or implied;
SLBJECT TO the Grantor's reserved right to realign and install pipes or bridges on any portions
of the Ditch within the Easement, at its sole discietion and expense, provided such changes do not restrict
or reduce the delivery of water to the Ditch users pursuant to its adjudicated water rights. The Grantor
shall maintain any pipe or bridge crossing(s) installed by the Grantor or it's successor;
ALSO SUBJECT TO any and all reserved easements and rights established pursuant to the Final
plat and/or the Declaration of Protective Covenants for Gilead Gardens to the extent not inconsistent with
the easement hereby granted.
IN WmNESS WHEREOF, the Grantor has executed this deed on the date set forth above'
BBD Trust, a Trust
David J. Miller, Co-Trustee
STATE OF COLORADO
COUNTY OF GARFIELD
Acknowledged, subscribed and sworn to before me this day of
David Miller and Renee T. Miller, as Co-Trustees of the BBD Trust, aTrust.
2006, by
WITNESS my hand and official seal
Notary Public
After recording, please retum to: Boundaries Unlimited Inc'
923 Cooper Avenue, Ste 102
Glenwood Springs, CO 81601
By:
By:
Renee T. Miller, Co-Trustee
ss.
)
)
)
My Commission expires
I
I!
BILL OF SALE
BBD TRUST, A TRUST, DAVID MILLER AND RENEE MILLER, CO-TRUSTEES,
("Seller"), for consideration of Ten Dollars ($ 10.00) and adequate consideration reoeived from
GILEAD GARDENS HOMEOWNERS ASSOCIATION, LTD. ("Buyer"), hereby grants and conveys
to Buyer, the following property:
All pipelines, pumps, tanks, pumphouse, and other equipment, facilities and components
which comprise the common domestic water system and irrigation system (including
ditches, ponds and pipelines) serving the lots within the Gilead Gardens as described on the
Final Plat recoreded as Reception No. in the records of the Clerk and Recorder
of Garfield County, Colorado.
Seller covenants and agrees to warrant and defend the sale and conveyance of said property, to and
for the benefit of Buyer and Buyer's personal representatives, successors and assigns, against all persons.
When used herein, the singular shall include the plural, the plural the singular and the use of any gender shall
be applicable to all genders.
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this
-
day of
2006.
BBD TRUST
David Miller, Trustee
Renee Miller, Trustee
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrumant was acknowledged before me this day of
David Miller and Renee Miller, Co-Trustees of the BBD Trust.
2006, by
WITNESS my hand and official seal.
My commission expires:
II
)
)
)
ss.
Notary Public
By:
EASEMENT DEED
THIS QUIT CLAIM DEED Made this _ day of 2006, by and between BBD
TRUST, A TRUST, DAVID MILLER AND RENEE MILLER, TRUSTEES, 1577 County
Road 335, New Castle, CO 81647 (hereinafter "Grantor") and GILEAD GARDENS
HOMEOWNERS ASSOCIATION, LTD., 1577 County Road 335, New Castle, CO 81647
(hereinaft er "Grantee") ;
WITNESSETH:
That the Grantor, for and in consideration of ONE DOLLAR and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, grant, convey
easements on, through and across the real property situated in the County of Garfield, State of
Colorado, described as follows:
Non-exclusive easements for the domestic water system, irrigation system (ditches, ponds and
pipelines), landscape are4 park, and trails as depicted on the Final Plat of the Gilead Gardens
recorded as Reception No.in the records of the Clerk and Recorder of Garfield
County, Colorado, together with and subject to the rights, obligations, and limitations regarding the
use of such easements as set forth on such Final Plat and in the Declaration of Protective Covenants
for Gilead Gardens.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, to the use and benefit of the
Grantee, its successors and assigns forever.
IN Wifiress Whereof, the Grantor has executed this deed on the date set forttr above.
Grantor:
By:
David J. Miller, Trustee Renee T. Miller, Trustee
STATE OF COLORADO
COUNTY OF GARFIELD
Acknowledged, subscribed and swom to before me this _ day of
J. Miller, Trustee, and Renee T. Miller, Trustee of the BBD Trust.
2006, by David
MTNESS myhand and official seal
My Commission expires:
NotaryPublic
After recording, please retum to: Boundaries Unlimited Inc.
923 CooperAvenue, Ste 102
Glenwood Springs, CO 81601
By:
)
)
I
STATE OF COLORADO
COUNTY OF GARFIELD
My Cornrnission expires:
ss.
)
)
)
Acknowledged, subscribed and swont to before me this day of
David Miller-and Renee T. Miller, as Co-Trustees of the BBD Trust, a Trust'
WITNESS my hand and official seal.
2006, by
Notary Public
Alicr recording, Pleasc rctunl to : Boundaries Unlinited lnc.
923 Cooper Avenuc. Stc 102
Glcnwood Springs, CO 81601
I
BoUNDAFTIES
UNLTMITED INC./Fg*-"
Givil & GonsultinEl EnElineers
Ialy 7 ,2006
Mr. Jake Mall
Garfield County Road & Bridge
144 East Third Street
Rifle, CO 81650
RE: Gilead Gardens Final Plat Review
Response to BOCC Resolution Condition # 6 &7
Referencing Road & Bridge Dept. Recommendations dated January 7,2003
Dear Jake:
As per the attached copy of the Gilead Gardens final plat review letter, dated November
9,2005 from Garfield County Senior Planner, Fred Jarman, I have prepared, in the same
order presented in your list, a response (in bold) for each of your recommendations (in
italic).
6- The Appticant shall complywith the recommendattons of the Garfield County Road
and Bidge Department, dated January 7, 200j, as follows:
i- Driveway permits wilt be issued afier the approval of the subdivision by Board of
County Commissioners. The driveway permtts will have special conditions that
will be specified in the permils. The applicant agrees to obtain driveway
permits for the existing driveway for Lot 1 and proposed roads intersecting
Garfield County Road 335.
Stop signs shall be installed at all entrances accesstng Garfield County Road 335
and maintained by the homeowners association. The applicant agrees to install
a stop sigu at the CR 335 intersections for Harvest Laue and Garden Circle.
Brush shall be cleared the length of the property along CR 335 and thefence
shall be moved back to the property line (right-of-way line) at the sub-dividers
expense prior to the completion of the subdivtsion The applicant agrees and has
cleared brush and removed fence off from Countv Road 335 Right-of-Way as
part of the developer's improvements.
lv,The driveway at 1577 CR 335 and the driveway at I171 CR 335 shall be
abandoned when the new driveways are installed and operable. The drive way
for 1171 will be abandoned rvhen Garden Circle is installed and operable. As
per your email dated April 20,2004, the driveway access for 1577 (Lot 1)
shall remain since it will only service the existing private home.
ii.
tlt,
823 Blake Avenue;Suite 102; Glenwood Sprlngs Colorado 81601 Ph:970.945.5252 Fax:970'384.2833
luly 7,2006
Mr. Jake Mall
Gilead Gardens Final PIat Review
Page2 of 2
v.The ditch along the property and CR 335 shall be piped in culvert ptpe. The
installatton and allfuture maintenance shall be at the sub-dividers and home
owner's expense. The irrigation ditch along the property and CR 335 has
been abandoned and filled in and therefore will require no further
maintenance.
vi. The two structures that encroach within the right-of-way of CR 335 may remain,
however, these structures if replaced shall comply wilh appltcable setback
requirements. Prior to Final Plat, the Applicant shall obtain an Encroachment
Agreementfor the two structures with the County. An encroachment agreement
wiII be signed by the applicant for the two existing structures encroaching
CR 335 prior to Final PlaL
vii. Constntction work zone signage shall be posted on CR 335 during driveway
construction. Stgnage shall be posted in accordance with guidelines in the
Manual of Unform Trffic Control Device.s The applicant agrees to post
construction signage iu accordance with the Manual of Uniform Traflic
Control Devices during driveway and road intersection construction within
the CR 335 Right-Of-Way.
7. Prior to Ftnal Plat, the Applicant shall determine if there are two separate drivauay
permits, one for Lot I and one for the Bullock's property on file in the Gafield
County Road and Bridge Department. Should there only be one driveway permit for
both parcels, the Appltcant shall apply for a separate driveway permit for Lol /. One
separate driveway permit for Lot 1 will be obtained by the applicant.
Please feel free to contact me with any questions you may have.
Sincerely,
INC
PE
Project
CC: David & Renee
Fred A. Jarman
Dan Kerst
MEMORANDT]M
To:
From:
Re:
Date:
Fred Jarman
Steve Anthony
Gilead Gardens Final Plat
July 7, 2006
The items I have been asked to corunent on are:
Fred Jarman letter to Bruce Lewis dated November 9,2005
ItemH, page4.
Carolym Dahlgren memo to Fred Jarman dated Nov. 29,2005
Item #33, page I 0 and Miscellaneous Item #2, page ll.
Exhibit *.A" Gilead Gardens Engineers Estirnated Cost of Infrastructure
Fred Jarman letter to Bruce Lewis dated Novernber 9. 2005 Item H. paee 4.
This refers to Condition 9. The applicant has provided weed management information in tle form of a
written plan; we have also visited the property and reviewed the applicant's weed management work. Both
the Plan and the work are acceptable.
Carollm Dab]Eren memo to Fred Jarman dated Nov. 29. 2005 Item #33. paee 10 and Miscellaneous Item
#2.pase ll.
On Item #33 the landowner has been managing the noxious weeds. Leafr spurge is not present on the site.
On Item #2, I have reviewed the landscaping plan and it is acceptable.
Exhibit"A" Gilead Gardens Engineers Estimated Cost of Infrastructure
I have reviewed the cost estimates and that the unit cost per acre for revegetation be increased
to from $1000 per acre to $2000 per estimated acreage remaining to be reseeded is 3.18
acres, so the revegetation security instead of$4180
The security shall be held by Garfield vegetation has been successfully reestablished
according to the Garfield County Weed Management Plan Reclamation Standards.
http://www.earfield-counw.colrl/docs/reclamation standards adopted.pdf
a
a
a
The
be
FRO[{ : Nounta incrossEr-rg, Inc
.Iuty 3, 2006
FRX t'10. i97A9455558 @3 ?Ag6 AgiEAtl P2
MOUNTAIN TROS$
DNGINEERING, 'INC.
Ctvtt nnn fxvrndNurxrl Cot',tsurTttlc aNn Drstcll
Mr, Fred Jannan .
Garfreld County Planning,
108 8th Street, Suite 401 '
Glinwoocl Springs, CO 11601
RE: .Review of BinnIPInt Submlttst for Gllead Gardenr
Deer Fred:
A review has been pcrforned of the letter dated June 12, 2006 from Bouudaries,UnliraitiO'for'thu '
Finsl Plat Submittal of Giledd Gardens. Provided all fhe modificationslBfe insopomted aB discussed .
in their correspondence, all questions, conoems, or somments have been addreseed satiifacf,orily. ::
Fpel tee to call if any of the above needs clarification or ifyou have auy qteetioas or comfilenls . '
,+
Ino.
Hale, PE
C: Mr. Bruce Lcwis. Boundarios UnlimiEd
'az61.lZ Crand Avenuc e Glenwood Springs, CO 81601
PH r e 70. e4F,i qe+' i nAXl e70:e4s. s s i B-' ;-;"il;il;td r;r*r-eng."om
Ju I ?4 OE l?z 47P Fldm i n 970-n?6 -?774
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
Brit C. McLin
Chief
p.1
6ll I!ftfn St.
P.O. Box 2
SiIg CO. 816s2
Phone: (970) 87G5738
Fa,x: (970) 876-2774
EIvIaiL burningmountainschief@msn com
19 July 2006
Bruce Lewis, Boundaries Untimited
Mr. Lewis:
The constnrction at Gilead Gardens meets or orceeds the terms and conditions
outlined in sedion 8 A & B of Garfield County Resolution 2003-89.
Yours tnrly,
Brit C. McLin
Report Date: 07 12512006 02:25PM GARFIELD GOUNTY TREASURER
CERTIFICATE OF TN(ES DUE
Page: 1
GERT #: 2006003598
SCHEDULE NO: R230926
ASSESSED TO:
MILLER, DAVID J & RENEE T TRUSTEES
A BBD TRUST, A TRUST
1577 COUNTY ROAD 335
NEW CASTLE, CO 81647-9638
LEGAL DESCRIPTION:
SECT,TWN,RNG:7-6-91 DESC: A TR lN LOTS s,9 AND 52 OF !-OJ 6 AND NESW CONT 32'31 AC' ALSO, A
TR oF MEANDER LAND coNT 2.69 AC. ext-epr ATR coNT .oo AC AS DESG lN BK 1228 PG 444. ALSO
ATNOT LAND CONT .O3ACAS DESC IN BK 1228 BK 437. ALSO ON AS GRANTORS MILLER DAVID J
AND RENEE r Jr 2B INTEREST PRE:R230860 AX:OSZS PG:0672 BK:0528 PG:0296 BK:0443 PG:0516 BK:0402
pG:0263 BK:1535 pG:775 REGpT:6401e+ ai:TiazPG:370 RECPT:625946 BK:1428 PG:437 RECPT:6189298K:1428
pC:+gO RECpT:6189288K:1228 pG:440 neCpt:SZSZ39 BK:1228 PG:437 RECPT:575238 BK:1125 PG:329
ReCpr:S++t18 BK:1125 PG:328 RECPT:544118 BK:1125PG:327 RECPT:5214118 BK:1081 PG:0048 BK:1077
PG:0874 BK:0915 PG:0429 BK:0563 PG:O144
001577 335 COUNTY RD NEW CASTLEPARGEL: 2181-073-00-233 SITUS ADD:
VENDOR NO:
BOUNDARIES UNLIMITED
TA)( YEAR
2005
GHARGE
TAX
TOTAL TN(ES
TA)(AMOUNT
1,01 1.36
INTEREST
0.00
PAID
1,011.36
TOTAL DUE
0.00
0.00
FEES
0.00
GRAND TOTAL DUE AS OF 0712512006 0.00
ORIGINAL TA)( BILLING FOR 2OO5 TA)(DISTRICT 023 .2HD€F
Authority
GARFIELD COUNTY
BURNING MOUNTAIN FIRE
COLO RIVER WATER CONS
WEST DIVIDE WATER CON
GRAND RIVER HOSPITAL
SCHOOL DISTRICT RE.2
COLORADO MTN COLLEGE
GARFIELD ROAD & BRIDGE
GARFIELD HUMAN SERVICES
GARFIELD CAP EXPEND
SCHOOL DISTRICT RE-2 BOND
GRAND RIVER HOSPITAL BOND
TAXES FOR 2OO5 44.612*1,011.36
MillLeyy
7.163
6.102
0.230*
0.099.
4.487"
9.394
3.997
1.653
1.443
3.396
5.538
1.110
Amount
162.40
138.33
5.21
2.24
101.72
212.97
90.61
37.47
32.71
76.99
125.55
25.16
Actual
9,880
9,890
212,680
Assessed
2,870
2,870
16,930
Values
AGRICULTURAL
AGRICULTURAL
AGRICULTURAL
TOTAL 232,450 22,670
* Credit
FEE FOR THIS CERTIFICATE
TREASURER, GARFTELD COUNTY, GEORGIA CHAMBERLAIN' BY A!-)
P. O. Box 1069
Glenwood Springs, CO 81602'1069
(970) e45-6382
10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR To ADVERTTSTNG AND D|STRAINT wARRANT rees.-cner.roEs MAY occuR AND THE TREASURER'S oFFlcE wlLL NEED To BE
coNTAcrED pRtoR To REMITTANCE AFTER THE FoLlowtNG DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1' 2006'
REAL pRopERTy - ocroetR'r, irioo rp< tru salE nEo'ewrFrrolr er,rtouNTs MUsr BE pArD BY cAsH oR GASHIERS GHEGK.
SPECIALTAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number, personal proPerty taxes'
t
"n1t"r
ta, or misc. tax collected on behalt of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
l, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
ouistanding sil". ior. unpaid traxes as shown by the records in my ofiicefrom which the same may still be redeemed with the amount
ieqriieO ioi reOemption are as noted herein. ln witness whereof, I have hereunto set my hand and seal this 25th day of July, 2006'
RECEIVEB MOUNTAIN EROSS
ENGINEERING, INC.
Crvrr lr.ro ENvraotrurNlnr CoNsurlNc nNo DstcN
JUL 0 7 2006
GARFIELU COutv l't
BUILDING & PLANNING
July 3,2006
Mr. Fred Jarman
Garfi eld County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Final Plat Submittal for Gilead Gardens
Dear Fred:
A review has been performed of the letter dated June 12,2006 from Boundaries Unlimited for the
Final Plat Submittal of Gilead Gardens. Provided all the modifications are incorporated as discussed
in their correspondence, all questions, concerns, or comments have been addresr"Jil;f"*rily.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely,
Cross Inc.
Hale, PE
C: Mr. Bruce Lewis, Boundaries Unlimited
826 112 Crand Avenue . Glenwood Springs, CO 81601
PH: 97o.945.5544 . FAX: 970.945.55s8 . www.mountaincross-eng.com
ElouruG.nres
UruunaITED ING.
Gonsulting & Civit Engineers
June 12,2006
Mr. Chris Hale, PE
Mountain Cross Engineering, Inc.
826V2 Grand Ave.
Glenwood Springs, CO 81601
RE: Response to Review of Final Plat Submittal for Gilead Gardens
Dear Chris:
The follow response addresses your review letter, dated November ,2005 for Gilead Gardens for
the Final Plat Application. For clarity, your comments are in italic format as in your letter and
followed with a reply in bold.
Constructions Plans:
Sheet C2
1. Well #2 is pending. Will it be usedfor domestic supply? If so has the future connection
been considered? Since our storage tank capacity has been increased to 81000 gallons,
Wetl #2 is not planned to be included as part of the domestic water system.
2. Will the thrust blocks for the 4" line pose any problems with the well supply line when
they are adiacent to each other? As required, adequate vertical separation of the 4r,
lines from the well supply line(s) is provided allowing the thrust blocks for the 4,'Iine
to properly load against native soils.
3. The 4" end plug with two 2" brass saddles near the intersection of Harvest Lane and CR
335 appears to be at a high point. Has consideration been givenfor air/vacuum release?
An air/vacuum release valve should not be necessary since air can be easily removed
since the system looped and consist small pipe sizes
4. It appears that there may be a culvert that drains across CR 335 onto Lot 3. There is no
drainage easement that would convey these stormflows. Wat is envisioned to carry these
flows through Lots 3, 7, and 87 Note 1 on the Plat, indicates that a Drainage easement
shall be all areas outside of the building envelopes which includes the culvert outfall
area.
5. The drainage discussed above would tikely create a low point in the 2" water line. This
low point could be drained if the water service to Lot 3 was shifted to correspond. The
domestic waterline will be well beneath frost depth. No reason to drain this section- of 2" line since the water system will be operational year round.
6. Is there any potentialfor the stormJlows to erode cover over the water line? Thewater
line was installed with 5 feet minimum depth of cover beneath the well vegetated
drainage swale (no defined channel) area. To date there has been no evidence of
823 BIake Avenue I suite Lo2 | Glenwood Springs I Colorado 81601 | en szo.s 4s.s2s2 | Fax 970.384.2833
June 12,2006
Mr. Chris Hale, PE, Mountain Cross Engineering, Inc.
Response to Review of Final plat Submittal for citeaa Gardens
Page2 of 4
storm runofferosion from either culvert crossing county Road 335.
7' The 2" poly pipe is shown as having bends. Would it not more tikely be constructed withradii? If so what is the minimum radius? Will there be any problems staying within the
easements with these minimum radii? Bends are shown on the design draivings forpresentation only. Yes, the 2" poly line is shipped in 6' diameter rolls which wouldconvert to a 3 foot radius. There will be no problem with maintaining curved pipewithin the easements (20 foot minimum width).
8.
Sheet C3
There appears to be another culvert across CR 335 onto Lot 2 with similar issuespotentially as discussed above in #4. see Response to note 4.
9. How will the interior of the cul-de-sac drain? The interior cul-de-sac area isapproximately 900 s.f. and will be landscaped with grass and a few trees. Theground surface will be graded relatively flat with some low spots allowing anycollected runoff to seep into the ground.
Sheet C4
10. How will the interior of the cul-de-sac drain? see Response to note 9.
Sheet C5
ll' In light of how dfficutt it would be to replace or repair the tank with the structure andequipment on top of it, is the underground steel tu;k epoxy coated inside an"d out? Howcorrosive are the soils? Has cathodic protection been considered? fn worst case, a tankwould be replaced outside the building. However, a tank manway access is providedfor common maintenance & repairs. the steel tank is epoxy coatld on both sidesand set in free draining t.""u.,ud rock above the ground water table. Cathodicprotection should not be necessary.
12' There is a note referring to power to a river pump but it is not opparent where the riverpump is or how piping would connect to the system on either Sheet C2 or Dl. Wat isplannedfor the river pump? An irrigation water diversion and pump may beconsidered as an alternative or additional water supply source for the irrigationponds. A junior 1 cfs water right has been acquired.
13' Would it make sense to locate the chlorine tanks closer to the injector locations? Thechlorine tanks were intentionally set a minimum distan
"" oi r/rfeet from theinjectors to allow ample service room for the injectors and online valves.
14' Would a check valve and screen prior to the meters be prudent to protect themfrom
June 12,2006
Mr. Chris Hale, PE, Mountain Cross Engineering, Inc.
Response to Review of Final Plat Submittal for Gilead Gardens
Page 3 of 4
surges and or debris? Neither a check valve nor screen should be necessary for a well
pumping at 15 gpm. However, this would be a very simple change, after initial
construction is completed, if warranted.
Sheet C6
15. Wat are the water levels specifiedfor the telemetry controls and alarms? Initial
telemetry level settings will be: High Water Alarm- 3" from Top of Tank; Pump Off
- 6" from top of tank; Simplex On - 12" from top of tank; Pump OIT - 18" from top
of tank; Duplex On - 24" from top of tank; Low Water Alarm- 30" from Top of
Tank.
16. The Jloor drain says to "drain to daylight" which conJlicts with the note on Sheet C5
Wich is correct? The floor drain will be piped down to the subsurface gravels.
17. Is it necessary for the footers to bear on soils below anticipatedfrost depth? There
should be no freezing issues in the free draining soil materials where ground water is
at a significant depth below the footings. Plus, the foundation/slab is stucturallly
designed to move as a monolithic slab.
Sheet Dl
18. Will the daylight end of the pond drain need erosion control? Boulder Rip-Rap will be
provided at the pond outlet.
19. Will the irrigation ditch returnflow to the Colorado River need erosion control? No. it
will be returned to the existing irrigation ditch flowing to the river.
20.What is the bury depth of the irrigation line when compared to the water line? Will there
be conflicts with thrust blocks? The bury depth of the irrigation pipe line will be the
same as the water line to avoid freezing in pipe at any low spots. The domestic and
irrigation pipe lines will be vertically separated, while maintaining minimum cover,
to allow adequate space for thrust blocks.
21. The 4" irrigation line goes off the page on the north side of Lot l. Are there any proposed
appurtenances there that need to be shown? That portion of the 4" irrigation line loops
along the south side of lot L's north property line and includes a couple service line
interconnections.
22. All the existing ditches that continue to the northeast appear to be plannedfor
abandonment. Are there any downstream users on this ditch? This irrigation ditch
returns to the Colorado River thru this property and does not serve any other
property to the northeast. This property is the last downstream irrigation ditch user.
The ditch abandonment is for grading purposes of the local field ditches and is not
part of the main irrigation ditch returning to the river.
June 12,2006
Mr. Chris Hale, PE, Mountain Cross Engineering, Inc.
Response to Review of Final plat Submittal for citeaa Gardens
Page 4 of 4
23' Is the well intended to be tied to the irrigation system? It appears that it may be and if sohow would it connect? There are absoiutely n'o plans forany pipe interconnectionsbetween the irrigation system and the domestic well or waterline.
You are correct with your assessment that most of the construction is complete as indicated inthe Cost Estimate.
Please feel free to contact me with any additional questions you may have.
Sincerely,
BOUNDARIES UNLIMITED INC.
Bruce D. Lewis, PE
Project Engineer
Cc David Miller
Fred Jarman
flArE OF
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room glg
Denver, Colorado 80203
Phone (303) 866-3541
FAX (303) 866-3s89
www.water.state.co.us
April4, 2006
Fred Jarman
Garfield County planning Dept
108 8th St Ste 201
Glenwood Springs CO 81601
Re: Gilead Gardens Subdivision preliminary pla,
W%, Sec.7, T65, Rg1W,6TH pM
Water Division S, Water District 45
Dear Mr. Jarman:
Based on the attached letter, and my review of the permit file, specifically Table 1,Estimated water Use Requirements, the uses proposed tor tnis developmeni ,i. within the usesallowed by Permit No 56217-F. The basis for this opinion is tnat the water use estimate for single-family dwelling units and accessory dwelling units are identical, so the .nrngingine type of unitdoes not alter the water use. Also, the remiining uses are less than the p"riiiti"J ,r.r.
A such, this office has no objection to the use of well permit s6217-F for householdpurposes inside nine (9) single family dwelling units and nve ts) """"riory o*Liling units, theirrigation of 14,000 square-feet of lawns and-gardens, and wliering of zi norseiloomesticanimals' Note that this opinion is specific to this permit, and does not reflect an opinion regardingthe use of other well permits.
Please contact me if I may be of further assistance in this matter.
Sincerely,
Bill Owens
Governor
Russell Ceorge
Executive Director
Hal D. Simpson, PE.
State Engineer
(
Craig M P.E.
Water Resource Engineer
CML: Gilead Gardens vii.doc
cc: Alan Martellaro, Division Engineer, Division 5
Bill Blakeslee, Water Commissioner, District 3g
Bruce D. Lewis, Boundaries Unlimited lnc.
RECEIVEI}
APR 0 6 2006
s,fffiB*o,'fi,v^IilX
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Forb No.
,.'6WS-25
OFFICE OF THE S -..TE ENGINEERq_qLoBADor D_tusroN oF WATER RESOU RCES818 Centennlal Bldg., 1313 Sherman St,, Denver, Cdorado 80203
(303) 86&3581
APPLICANT
GILEAD GAROENS HOMEOWNERS ASSOCIATION
1577 CR 335
NEWCASTLE,CO 81647-
(970) 876-220s
APPROVED WELU LOCATION
GARFIELO COUNTYSE 114 NW 114 Section 7
Township 6 S Range 91 W Sixth P.M
DTSTAT.ICES FROM SECTION LINES
2002 Fl. from North Section Line
3696 Ft. from East Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMIT NUMBER
DIV.5 WD45
os6ZL7 . F
DES, BASIN MD
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
coNotTtgNs oF APPROVAL
t) This well shall be used in such a way as to cause no i'raterial injury to existing water rigrhts. The issuance of this permit
do€s not assul€ he applicant that no injury wilt occur to another veeted waler right or prec'lude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of thls well shall be in compliance with the Water Well ConsUuction RulEs 2 CCR N2-2, unless approval
of a varlanca has been granted by the State Board of Examiners of Water Welt Construction and pump lnstallation
Contractors in accordance with Rule 18.
,3) Apprcved pursuant to CRS 37-90"137(2) for the change of use of an existing well (no. 106517, cancelled), appropriating
ground water tributary to the Colorado River, as an altemate point of diverslon to the Avalanche Canal and Slphon, on the
condition that the well shall be operated only when the West Divide Water @nservaniry Diskicts substitute water supply
. plan, approved by the State Engineer, ls in effect, antt when a waler allohrent contrac't between the well owner and the West
DiMde Water Conservancy Distr'rct for the release of replacement unter from Ruedi Reservoir is in effec{, or under an
approved plan for augmentation. WDWCD mntract #010322GGHA(a).
4) The use of grcund waterfrom this wel! is limited to ordlnary household purposes inside eight (8) single family dnelings
and seven (7) accessory dwelllng units, lhe inigation of not more than 18,00 sguarc feet of gardens and lawns
(approximately 1 ,200, square feeUunit), and the waterirq of 28 horseddomestic animats. All use of this well wlll be ,
curtrailed unless the water allotment contract or a plan for augmentation is in effecl. This well is known as GILEAD
GARDENSWELL#1.
The maxlmum pumping rate of this urell shall not exceed 15 GpM.
The average annual amount of ground water to be appropriated shall not exceed 7.63 acre,feet.
The owner shall mark the wsll ln a conspicuous place with wel! permit nunrbe(s), name of the aquifer, and couil case
numbeG) as approprlate. The owner shall take necessary means and pr6cautions to preserve these markings.
Thls well shall be located not more than 200 feet from the localion specilied on this permit and not less than 600 feet from
any existing well, completed in the same aquiler, that is not owned by the appticant (excluding permit no. gg469-A, waiver
has been submitted by the well owner).
A totalizing flow meter must be installed on this well and maintained ln good uotking order. Pemanent records of all
diversions must be maintained by the welt owner (recorded at least annually) and submitted to the Division Engineer upon'
request.
NOTICE: This permit has been approved for.a well locatlon of 2,O02feet from the north section line and for the above
). You are hereby notified lhat
, office within sixty (60) days of the
104,rhroush 106, c.R.S.yA 7_y_o(
5)
6)
7l
8)
e)
rsferenced uses and amounts (as indicated by revised Table 1 submitted on July 26, ZOO1
you havs the right to appeal the issuance of this permil, by filing a written request with this
date of issuance, pursuant to the State Admlnistrative Procedures AA. lSee Section 24-4-,
State Enginer JUI3IDATE
t l"''?)' +-
7
TE Iv.'!
Nb.8749
APPROVED
JO2 i
l:
fl
BoUNDARIES
UNLIMITED INC.
Consulting En$ineers
March 11, 2006
{HCEIVt--fi
l1AR 1 3 2006
'iriri u.irrteH
ooLo
Mr. Craig M. Lis
Office of the State Engineer
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
RE:Gilead Gardens Final Plat
Well Permit No.: 56217-F
Dear Craig:
As per our recent phone conversation, Garfield County is concerned that the conditions stated in
theibove referenced well permit may not cover the conditions indicated on the proposed Gilead
Gardens Final PIat and is riquesting that the Well Permit should be modified to match the plat.
The following table presents a side by side comparison of the conditions for the well permit and
final plat:
Water Uses
Single Family Dwellings Units
Accessory Dwellings Units
TOTAL DWELLING UNITS
Irrigated Gardens & Lawns (Sq. Ft.)
Horses/domestic animals
Well
Permit
8
7
t5
18,000
28
Final
Plat
9
5
14
14,000
27 (livestock)
Obviousiy, the permitted uses do not match the conditions oithe Final Plat. However, does the
proposed Final Plat conditions violate the well permit conditions.
Please contact the Fred Jarman, Garfield Counties Assistant Planning Director, at (970) 945-8212
or myself, if you have any questions or need further clarification.
Sincerely,
ITED INC.
PE
Project
CC:Fred Jarman
Dan Kerst
David Miller
923 Cooper Avenue I Suite 102 | Glenwood Springs I Colorado 81601 | Ph 970.945.5252 | Fax 970.384.2a33
itl
6or{ C o*f',
7t
STA|E OF
DIVISION OF MINERATS AND GEOI.OGY
Departrnent of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
November 13,2003
Mr. Bruce D. Lewis, p.E.
Boundaries Unlimited Inc.
923 CooperAve., Suite 102
Glenwood Springs, CO 81601
C:;l*a &odr^s
Rfilt ;x,; fl1,rmp
|\l0tl i i) 2003
(ir\hi i; ..- (,;.,rglE; ygtJtlDif;o I* Pi Ai{NING
COLORADODIVISION OFMINERALS
-&-
GEOTOGY
RECLAMAT I ON. MINI N G
SAFETY.SCIENCE
Bill Owens
Governor
Creg E. Walcher
Executive Director
Ronald W. Cattany
Division Director
Natural Resource TrusteeRE: Need for a Mined Land Reclamation Board permit, File No. M2003_096
Dear Mr. Lewis:
Thank you for seeking a determination as to the need for Mined Land Reclamation Board permit.
We have reviewed the information in your October 2003 correspondence. It is the Division,sopinion, based on that correspondence, that a reclamation permit from the Mined LandReclamation Board will not be needed. It appears that your project meets the conditions of itemthree (3) of the Board's April 1999 policy, "Need For AMLRB permit", attached. please beaware that if you makg significant changes to your plan of operations, it could mean that aMLRB permit would be needed. Please contact this offrce for a reevaluation of this waiver priorto significant changes to your plan of operations.
The-Board has requested that the Division make determinations as to the need for a Mined LandReclamation Board Permil If you disagree with the office determination, you may request aMined Land Reclamation Board hearing
encl: (1)
Respectfully,
H. Bruce Humphries,
Minerals Program Supervisor
cc Ron Cattany, DMG Div. Director
Glenda Williams, DMG
Carl Mount, DMG
Office of
Mined Land Reclamation
Office of
Active and lnactive Mines
c,
Geol
t
I
STArE OF
DIVISION OF MINERA1S AND GBOTOGY
Departnrent of Natural Rercu.rces
I 3t3 Sherman St, Room 2I5
Denver, Colorado 00203
Phone: 603) 866-3552
FAX: (303) 832{106
DtvtsIoN OtMINERAtt
GEOTOG)
TECLAHATIOI\}IINING.SAFC'TY
Eill Orcni
Goramot
Greg E. Walcher
Execrni,Jc Dlrcctor
Ronrld W. Ceuanv
Divl3lon Dlrcdd'
iltined l-and Reclamation Board policy
Need for a Reclamation permit
March 2fi)3
@eplaces the previous policy ot7109fi999)
Under most circumstances' the following activities would not fall within thedefinition of the tenn ..mining,:
3. The excavation of material is part of a project that is subject to govemmentreview and permitting. The approved goverDment permits ensure abeneficialuse of the site affected by the rnaterial extraction. The intendedoff site use of the extracted material is clearly incidental ro the project.
Ronald W. Cattany, DMG
l/, zoqj
ForthcMIRB Date
L' The excavation' use and disposal of the material wiu occur on parcels ofprivate property owned andiontrolled by tn" ru*" person. This exemptionshall only apply to ranches and farmlands *nrr" o" material is used on theproPerty to maintain agriculhrral operations and is zoned as such. "Ihi; --
exemption shall not apply to residential or commercial developments; or
2' Hand tools and ligltrveight, nrbber-tireo venicles are used to extract andtrqnsport the material qff site, and there will be only incidentar ,urfu.,disturbance; or
t
BoUNDARIES
UNLIMITED INC.Consulting Engineers
October 23,2003
Mr. Bruce Humplrries
Division of Minerals and Geology
State of Colorado
1313 Sherman St., Room 215
Denver, CO 80203
RE: Need for a Reclamation permit - Gilead Gardens pond Excavations
Dear Mr. Humphries:
ln response to your letter dated october 22,2003,referencing "Need for State Reclamation permit,
LH:prepared
the following information in tn. ."*. oralr as the questions included in your )
1' The us Postal service address of the proposed development is 1577 county Road 335, Newcastle' co 81647 '.A legal description and vicinity map of the proposed site are attached. Asshown on the vicinity map, the sutject 35 acre parcet "irr"a His bLtween county Road 335 andthe colorado River,.approximately: miles easiof Silt *J s *i1.. west of New castle in Section7, Township 6 South, Range g1 west of the oilp-rra. c*neld county.
2' BBD' a Trust, David & Renee Miller, Trustees privately own and reside on the property.The property obtained-Preliminary PIT subdivision upp.ouui from the Garfield county Board ofcommissioners for 9 Singte-famiiy residential lots u.'r'no*n on the enclosed preliminary plan.
3' The area of th: proposed pond excavations sets on the colorado River,s south terrace,approximately 30 above the adjacent river. The extracted material will consist of approximately 2
ffiffi;:il:Tffj,|o'|psoil overlving pit-run gravel o,ai..iur down to the maximurn propo."d-
4' The extracted material from the proposed pond excavations will be used on site for proposedroadway and trail construction. Excess material will be haured off site.
5' The removed topsoil will be used on site for the developments reclamation of roadway, trail,and pond construction and miscellaneous landscaping. in. extracted gravel will be used onsite forsite and roadway grading. As part of the developmeit ugrLrr"nt, all disturbed areas will be re-vegetated as pasture land grass similar to existing *.u, "
6' The excess gravel material extracted from the pond excavations will be hauled off site tolocations approved by a. governing entity for construction. Currently, we have not selected acontractor or specific a location.
923 Cooper Avenue i Suite 102 | Glenwood Springs I cotorado 81601 I ph 970.9 45.52521 Fax 970.384.2833
October 23,2003
Mr. Bruce Humphries
Page 2 of 2
Boundari
D
Project Manager
1' The proposed total surface area of the two proposed ponds to be excavated is (l) one acre.
8. The fi,ished depth of the ponds will not be more than 14 feet.
9' Approximately 11,200 cubic yards will be extracted from the ponds. Approximately 7,000cubic yards will remain on location for the development's roadway and site giuAing.
Approximately 4,200 cubic yards of material will need to be removed from site.
10. No explosives will be used.
1 1' Based on a well test of a nearby well, ground water is approxim ately 36'beneath groundsurface' Therefore, no tributary ground watlr is to be expectid to be exposed duriug excavation.
12' The contractor will be receiving payrnent from the landowner for the pond construction. TheIandowner will not receive any paymert fo, the rnaterial being removed from the site.
13' A copy of the draft resolution concerned with the approval of the preliminary plan for GileadGardens Subdivision is attached. The preliminary Plan has been subject to two public hearingsand approved by both the Planning and zoning Ctmmission and the Board of CbuntyCommissioners' Condition 9 of the resolution requires revegatation of all disturbed areas. TheCounty at final plat will require security.
14' Condition 13 of the resolution requires a permit from your office allowing the construction ofthe two ponds. This Resolution is going before the Garfield County Commissions for SignatureNov.3,2003.
l5' No funding is anticipated from any govemmental agencies for the design or construction ofthe two ponds.
l6' The primary purposes of these ponds are for holding and treating water for the subdivision,spressurized irrigation system and water storage for fire pr-otection.
17' . Anticipated equipment to be involved with the pond excavation will include a conventionaltrack excavator, bulldozer (D4-D8), and a rubber tire loader (3 to 7 Cy bucket) and tandem andend dump trucks.
Please contact me at 970-379-8362 if you need additional information or have any questions.
Sincerely,
Inc.
Enclosures
JAI!-t5-03 l3:58 FR0IJ{olorado Drvision ol lfinarals & Gaotogy +t 3!38663567 T-r35 P U02/00s F-230
STATE OF COLOKADO
DIVISION OT MINERALS AND GEOIOGY
Depanment of Natural Reiourcej
'1313 Sherman 51., Room 21 5
Denver. Colorado 80203
Phorre: (303) 85&3567
tAI: (303) 832{105
January I5.2003
Mr. Bruce Lewis
Ph: (970) 379-8362
Fax: (970) 364-2833
RE: Nccd For *ate Rcclamation Permit
DlvrstoN ot
MINERALS
-&-
G EO LOGY
T.ECLAI.IATION
I.lINING.SAFETY
BillOw.n
Gderno,
Grcg E. Wrlchcr
frecutive Oirttror
Ronald W, Ccruny
AclinE, Divlrion Dirrtlo.
DearMr, L)wis
Enclosed ate pertinent sections of the Colorado Mined Land Reclumuion Board (Board) Rules and Regulations and
Board Policy adopted July of 1999, titled "Need for a Rcclamarion Permh". To derermine if you need a permir for
your proposed activiry, finr chec,k Rule I.2 which describes activities the Board has determinrd donot rcquire sute
reclamation Permis and dre anachcd policy. If you find a march, you can proceed bascd on your interpretation of the
mle, but at yollr risk. If you want to be sure or are uncerrain how the Rule may apply ro your activity, yor should
anslYer the list of questions tha follow and send your question, i,e,, "Do I need a Srate Mined Land Reclamadon
Board permit?" ro thc Division.
The Board has directed the Division to make thc decision based on rhe informuion you supply. If you disagree with
the Division's decision, you may appeal that decision ro dre Board.
Please include in your requesr answe$ ro the foilowing quesrious;
l - Please give the legal location of ttre proposed project and snbmit a site map thar cleudy delineurr.s rhe
locati on of the proposed exrr-actioo site and the location of rhe nearest ciry, rown, and counry location name-Section_; Township ; Range PM-;County
Direction and miles to neilrcsr towr/ciry
2. Is rlre site of material c,xuacrion public or priverely owncd proputy?
3' Wrat rype(s) of material is/are proposed to be exracted and describe the physical narure of the site i.c., river
re[ace, rocky knob, in-stream gravel deposir, e!c..?
4. Will the extracDd rnaerial be hauled offsite or used on rhc same parcel of propeny where rhe material is
extractecl?
5. Whar on sire use will be made of the extractet material?
6. If the rnatenal is hauled otfsile, where will ir be hauled and whar is the inrcntled use?
7. what is the approxirnare areal exrent of rhe proposed exracrion in acres?
8. To whu approximate deprh will the exuacrion cxrcnd?
FROM{olorado Division ol Uincrals & Geolosy +13038663567 T-r35 P 003/00s F-230
lsltMining
Jonuary )5,2003
Pagc 2
9.
10.
11.
12-
t3.
14,
)5,
16.
17.
In cubic yards, apploximately how much material will bc remoYed?
Will marcdal extraction involve the usc of explosives !
wll rhe site of extraction rcsult in rhe exposure of tributary ground watcr?
WilI eithcr the landowner or the mine sire operator receive any rlpe of compensation, i.e,' monetary' in-kind'
ctc., from the proposed material exuaction?
please supply a copy of my documens that will ensurc that the alea of exEaction will be rcclaimed to some
beneficial land use once exracdon activities lrave been completcd'
Do you have permits for this activity from any other governmental agencies, and' if so' what are dley?
Are there shrcffederal/local agency panicipans in terms of funding (yes[no), clesign (yes)-(no)'-what are
the percentages?
What posr mining uses will be made of the site of extraction und why'l
(This irrestion hclts us dctermine the inturlt of the activity)
What types and sizes of equipmcnt will be u$ed in tlre exuacdon?
we uusl that rhe aqivities will be perforrned as rc,prcsented. If we receive a gomplaint. Ye are ltguired to sonduct m
inspcction of the site.
Send rhe requesr ro ttre Division, and we wilr makc a decision on your need to obtain a MLRB permit' Please include
your mailing address, phone number, attd your e-mail address if you have one,
If you have any questions, piease contact Bruce Humphries at (303) 866-4925.
Tawnya
Adminisnati ve Assistant
Enclosurc
M:\orr\T&Nr lt MiuinEWB[t.Ol -15-(B.doc
:,rt .i- .-'i:i\.xr , n,--,
November 02,2005 r'jOv 0 3 20c5
CtvrL nNlo EruvrnorurutNtlt CoNsut_TtNc AND DEstcNMr. Fred Jarman i i
Garfield County planning
108 8'h Street, Suite ZOt
Glenwood Springs, CO 81601
RE: Review of Final plat Submittal for Gilead Gardens
Dear Fred:
A review has been performed of the documents for the Final Plat Submittal for Gilead Gardens. Thepackage was found to be well organized. The following comments, questions, or concerns weregenerated:
Attachments:
No Comments
Final Plat:
No Comments
9onstructions plans:
Sheet C2
1' lell #2 is pending. will it be used for domestic supply? If so has the future connectionbeen considered?
2' will the thrust blocks for the 4" linepose any problems with the well supply line when theyare adjacent to each other?3' The 4" end plug with two 2" brass saddles near the intersection ofHarvest Lane and CR 335appears to be at a high point. Has consideration been given for airlvacuum release?4' It appears that there rnay be a culvert that drains across cR 335 onto Lot 3. There is nodrainage easement that would convey these storm flows. what is envisioned to carry theseflows through Lots 3, 7, andg?5' The drainage discussed above would likely create a low point in the 2,, waterline. This lowpoint could be drained if the water service to Lot 3 was ,rriruo to correspond.6- Is there any potential for the storm flows to erode cover over the water line?7' The 2" poly pipe is shown as having bends. Would it r,ot -*" Ik;i;b; constructed withradii? If so what is the minimum radius? will there be any problems staying within theeasements with these minimum radii?8' There appears to be another culvert across CR 335 onto Lot 2 with similar issues potentiallyas discussed above in#4.
Sheet C3
9. How will the interior of the cul_de_sac drain?
Sheet C4
10. How will the interior of the cul_de_sac drain?
MOUNTAIN EROSS
ENGINEERING, INC.
826 1/2 Grand Avenue . Grenwood springs, co 81601PH: 97o.94s.ss44 . FAX: 970.94s.5st8 . ***.r%Li-tfin.rorr-eng.com
,,.
Gilead Gardens Page 2 of2 tt/02/2005
Sheet C5
11.In light of how difficult it would be to replace or repair the tank with the structure and
equipment on top of it, is the underground steel tank epoxy coated inside and out? How
corrosive are the soils? Has cathodic protection been considered?
12' There is a note referring to power to a river pump but it is not apparent where the river pump
is or how piping would connect to the system on either Sheet C2 or Dl. What is ptannia foi
the river pump?
13. Would it make sense to locate the chlorine tanks closer to the injector locations?
14. Would a check valve and screen prior to the meters be prudent to protect them from surges
and or debris?
Sheet C6
15. What are the water levels specified for the telemetry controls and alarms?
16. The floor drain says to "drain to daylight" which conflicts with the note on Sheet C5. Which
is correct?
17. Is it necessary for the footers to bear on soils below anticipated frost depth?
Sheets C7 and C8
No Comments
Sheet Dl
18. will the daylight end of the pond drain need erosion control?
19.. Will the irrigation ditch return flow to the Colorado River need erosion control?
20. What is the bury depth of the irrigation line when compared to the water line? Will there be
conflicts with thrust blocks?
2l . The 4" irrigation line goes off the page on the north side of Lot l . Are there any proposed
appurtenances there that need to be shown?
22. Allthe existing ditches that continue to the northeast appear to be planned for abandonment.
Are there any downstream users on this ditch?
23. Is the well intended to be tied to the irrigation system? It appears that it may be and if so
how would it connect?
Since the cost estimate shows a substantial amount ofthe infrastructure having been completed, there
is a high probability that many of the above comments are moot. I will coordinate with Mr. Bruce
Lewis of Boundaries Unlimited to discuss these comments to aresolution as well as affangeto verifu
the construction progress shown in the cost estimate. Feel free to call if any of the above needs
clarification or if you have any questions or comments.
Sincerely,
Yor""f
cross
{i"[ui
Inc.
Chris Hale, PF
C: Mr. Bruce Lewis, Boundaries Unlimited
MOUNTAIN CROSS ENGINEERING. INC.
Civil and Environmental Consulting and Design
826 % Grand Avenue, Glenwood Springs, CO 8 I 601
P : 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
CILTAD GARDEAIS
FINAL PLAT
A suBDlvrsroN oF LAND srruArE ,*"1f;F,#Brl.tfi,T",.3"iBf;IfJ r, r 6s , R e1lY , oF rHE 6rH p.M
SHEET 1 OF 2
5, NO SEIVAGE DISPOSAL SYS]EM COMPONENTS PERMITIED TNITHIN I5O' RAOIUS OF GLEAO
GARDEN'S 0OI{ESTIC tTELLS.
4. SEWAGE OISPOSAL ABSORPNON NEI.DS MAY BE ALLOWEO OUISIDE SUILDING EN\€IOPES.
DAVID RIPPY. MANAGER
KH LENDING, LLC, EEING IHE BENEFICIARY OF A DEED OF TRUST UPON THE PROPERTY
AFTECTED BY 1HIS PLAT IIEREBY CONSENTS TO AND APPRO\ES ]HE FILING OF IHIS PLAT
5, TRAIL & PARK EASEMENTS ARE ONLY FOR IHE USE OF GILEAD GAROENS' LOT OTNERS AND
THEIR GUESTS.
6. ALL €XTERIOR LIGHTING WLL BE THE UINIMUM AMOUNT NECESSARY AND ALL EXIERIOR
LIGHTING WILL BE DIRECIED INWARD ANO DOW{WARD TOWARDS IHE INTERIOR OF THE
SUBDIMSION EXCEPT THAT PROVISIO.IS MAY BE MADE TO ALLOW FOR IHE SAFEW LIGHTING]HAT GOES BEYOND IHE PROPERTY SOUNDARIES.
7. ONE (1) DOG ITILL BE ALLOIiIO FOR EACH RESIDENTIAL UNIT AND lHE DOG SHAU BE
REOUIRED TO BE CONFINED WIIIIIN THE OU{ER'S PROPERTY BOUNDARIES.
E, NO OPEN HEARIH SOLID-FUEL NREPLACES W|LL BE ATLOTIEO ANYViITERE WIHIN IHE
suBorvsroN. oNE (1) NEw soLlD-FUEL EURNTNG SIOIE AS DEFTNED By C.R.S. 25-7-4Ot,El. SEo., ANo IHE REGULATICI.IS PROIULGAIEo TI{ER€ UNOER. WLI BE ALLOI4ED lN ANY
OWELLING UNIT. ALL OWELUNG UNITS WLL BE ALLOWED AN UNRESIRICIED NUMBER OF
NATURAL GAS BURNING STO\ES AND APPLIANCES.
9. COLORAOO IS A -RIGH]-IO-FARM. STAIE PURSUANT TO C.R.S, J5-5-IOI, ET SEO.
LANOOW{ERS. RESIDENTS AND VISITORS MUST BE PREPARED IO ACCEPT IHE ACIIVIIIES,
SGHTS. SOUNDS ANO SMETLS OF GARFIELD COUNTYS AGRICULTURAL OPERAIIONS AS A
NORMAL AND NECESSARY ASPECT OF LIUNG IN A COUNTY WTH A STRONG RURAL
CHARACIER AND A HEALIHY RANCHING SECTOR. AII MUST BE PREPARED TO ENCOUNTER
NOSES, ODOR. LIGHTS, MUO, DUST. SMOKE CHEMICALS, MACHINERY ON PUBUC ROADS.
UVESTOCK OtI PUBLIC ROAOS, SIORAGE AND DISPOSAL OF MANURE, ANO IHE APPLICATION
BY SPRAYNG OR OIIIERWSE OF CHEMICAL FERIILIZERS, SOIL AMENDMENTS, ITERBICIDES, AND
PESIICIOES. ANY ONE OR MORE OF U}IICH MAY NATURALLY OCCUR AS A PART OF A LEGAL
AND NON-NEGLIGENT AGRICULTURAL OPERATION.
IO. ALL O$'IIERS OF LANO. WEIHER RANCH OR RESIDENCE, HAIE OBLIGA]IONS UNDER STAIE
LAIV AND COUNTY REGULATIONS UIH REGARD TO IHE MAIN]ENANCE OT FENCES AND
IRRIGAIION OIICHES, CONTROTIING WEEDS, KEEPING U\ESTOCK AND PETS UNOER CONIROL,
USING PROPERTY IN ACCOROANCE V,ITH ZONING, AND OIHER ASPECTS oF USING ANo
MAINTAINING PROPERTY, RESIDENTS AND LANDOIV}IERS ARE ENCOURAGED TO LEARN ABOUTIHESE RIGTTS ANO RESPONSIBIUTIES ANO ACT AS GOOD NEIGIIBORS AND CITIZENS OF IHE
coUNTY, A GooD INTRooUcToRY soIJRcE FoR sUcH INFoRMATIoN Is .A GUIDE To RURAL
LIMNG & SMALL SCALE AGRICULIURE. PUT otJT BY]HE COLORADO STAIE UNI\€RSITY
EXIENSION OFNCE IN GARNELD COUNTY.
11, IHE MTNERAL R|GHTS ASSOCTATEo llllH IHIS pROpERTy (ALSO KNOVil{ AS LOTS 1-9 OF
lHE GILEAD GAROENS) HA\E BEEN PARIIATIY SEVERED ANo ARE NoT FULLY INTACT oR
TRANSFERRED W]H lHE SURFACE ESTAIE IHEREFORE ALLOT.IING IHE POTENIIAL FOR
NATURAL RESOURCE EXIRACTION O}I'IHE PROPERW BY IHE }'INERAL ESTA]E OINER(S) OR
LESSEE(S).
12. IHE DRY HMRANT SYSIEM IS LOCAIED IN EASIMENT'F', TIHICH IS ACCESIBLE FROM IHE
HAR\EST LANE CUL-DE-SAC. A MINIMUM OF IOO.OOO GALLONS OF V{ATER STORAGE wlLL BE
AVAILABLE FOR FIRE SIJPPRESSIOiI USE BY BURNING MOUN]AIN BRE PROTECTION DISIRICIWIHIN AND OUTSIDE]HE BOUNDS OF ]HE SUBDIVSION.
GEOIECHNICAL NOIES:
IHE RECOUMENoAIoNS By HEPI{OR1H-PAY{LAK GEOIECHNTCAT_ tNC. (Hp GEOECHI
OUTUNED IN ]HE PRELIMINARY GEOTECHNICAL STUDY FOR lHE SUBOIV1SION DAIED
DECEMBER 29, 2OOO. (JOB NO. IOO 672) SHALL BE ADHEREO. THESE PRELIMINARY
OESIGN RECOMMENDATIONS INCLUDE PROVISIONS FOR FOUNDA'IIONS, FLOOR SLABS.
UNDER-DRAIN SYSTEM, SIIE GRADING. SURFACE ORAINAGE
THE APPLICANT SHALL COMPLY WITH AND INCORPORATE THE RECOMMENDATIONS FROM
THE COLORADO GEOLOGICAL SURVEY, DATED JUNE 2J, 2OO3:
NOTES:
I. DRAINAGE EASEMENT SHALL 8E ATI AREAS OUTSIDE OF BUII.-DING ENVELOPES.
2, ISDS.S trACH FIELO AREAS S}IALL NOT BE ALLOVI/EO TUTHIN 50 FEET OF TOP OF COLORADORI\€R BAN(,
BOARO OF C(UNTY COMMISSIONERS CERTIFICATE
IHIS PLAT. APPRO\EO BY THE BOARO OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,coLoRADO IH|S __ oAy OF _-- A.O. 2006. FOR
NLING WIT THE CLERK
^ND
RECORDER OF GARFIET.O COUNTY ANO FOR CON\EYANCE TOlHE COUNTY OF IHE PUBLIC DEDICATIONS SHOWt,l |IEREON; SUBJECT TO lHE pROVtStOf{
IHAT APPROVAL IN NO WAY OBLIGAIES GARNELD COUNTY FOR IHE FINANCING OR
CONSTRUCTING OF IMPROVEMENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS
DEDICAIEO TO IHE PUELIC EXCEPT AS SPEONCALTY AGREEO TO BY THE BOARD Of
COUNTY COMMISSIONERS AND FURIHER'HAI SAID APPROVAL SHALL IN NO IT'AY
OBUGAIE GARNELO COJNTY FOR IHE CONSIRUC]ION, REPAIR OR MAINIENANCE OFPUBLIC HIGI{WA\S.
BOARD OF COUNTY COMMISSIONERS
OF GARFIEI..D COUNTY, COLORAOO
MORTGAGEE,S CERTIFICA'TE
KERALSA. LLC, BEING THE BENEFICIARY OF A DEED OF TRUST UPON THE PROPERTY
AFFECTED EY IHIS PLAT HEREBY CONSENTS TO AND APPRO\ES IHE FILING OF IHIS PLAT
EXECUTED THIS
-
DAY OF 4.0. 2006.
BY:
EXECUTED THIS
---
DAY OF A.D. 2006,
BY:
DAVIO RIPPY. MANAGER
STAIE OF COLORADO )
)ss
COUNTY OF GARFIELO )
IHE FOREGOING MORTGAGEE S cERInCAIEs wAS ACKNOTTEDGED BEFORE ME IH|S __
DAY OF
-
A.0.. 2OO5. 8Y DAMD RIPPY, AS VANAGER OF KERALSA. LLC.
ANO DAVIO RIPPY AS MANAGER OF KH LENOING. LI-C.
MY COMMISSION EXPIRESI-
WINESS MY HAND AND SEAL
NOTARY PUBLIC
MORTGAGEE'S C-ERIIFICAIE
CLC CONSUMER SERMCES BANG IHE BENENCIARY OF A OEED OF TRUST UPON]HE
PROPERTY AFFECIED BY IHIS PLAT IIEREBY CONSENIS TO AND APPRO\€S IHE FILING
DEDICATION
KNOW ALL MEN BY IHESE PRESENTS:
1HAI IHE UNDERSIGNEO BBD IRUST. A IRUST, DAVID ANO RENEE MILLER. IRUSIEES, ARE IHE
OIINERS OF GILEAO GAROENS SIIUAIEO IN THE COUNTY OF GARFIELD. STAIE OF COLORAOO. ANO
BEING A PART OF IHAT REAL PROPERW AS SHOVN ON IHE ACCOMPANYNG PL^T. SAID REAL
PROPERTY BEING MORE PARNCULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LANO AS DESCRIBEO IN BOOK 1125 AT PAGE J27. INCLUDINC HEREIIIIH ]HE
PROPERTY OESCRIBED IN IHE OTJIT CLAIM DEED RECOROED AS RECEPIION NO. 575238 AND
EXCEPNNG THEREFROM I}IE PROPERTY DESCRIEED IN IHE OUIT CLAIM DEED RECORDED AS
RECEPTION NO. 575240, ALL IN IHE RECOROS OF 'tHE GARFIELO COUNTY CI-ERK ANO RECORDER
AND SI'TUATED IN SECTION 7, TOMSI{IP 6 SOUTH, RANGE 9I 'ITEST OF IHE SIX]H PRINOPAL
MERIDIAN, GARNELD COIJNTY. COLORADO. BEING MORE PARTICULARLY DESCRIBEO AS FOLLOIiIS:
BEG|NNTNG AT A f5 REBAR Wlllt A \€LLOW PLASTTC CAp L.S. 19598 FOUNo tN A FENCE L|NE AS
CONSIRUCTED ANO IN PLACE ALSO SEING IHE SOUTHEASTERLY CORNER OF IHE H & B MINOR
SUBDIVISION EXEMPIION, RECORDED AS RECEPNON NO. 31I22I IN IIIE RECORDS OF THE GARNELD
COUNTY CLERK AND RECOROER, WENCE IHE NOR]H I/4 CORNER OF SAID SECNON 7 A BRASS
CAP FOUND IN PLACE BEARS N 23'47'5J' E A OISTANCE OF 4268.13 FEET, WIH AtI BEARINGS
EE|NG RELAI\€ TO THE SA|D
'5
REBAR WITH A YELLO|I PLAST|C CAp L.S. 19598 AND A t5
REBAR WIH A REO PLASTIC CAP (LLEGIBLE) A U]NESS CORNER TO AN EAS'IERLY ANGLE POINT
OF SAID H & B MINOR SUBDIMSION EXEMPTION, FOUNO IN A FENCE UNE AS CONSIRUCIED ANO
IN PLACE USING A BEARING Of N 04'39'24' W BETWEEN IHE TYIO DESCRIBEO MONUMENTS,
IHENCE ALONG SAID FENCE LINE N 0439'24' W A DISTANCE OF 1729.24 FEET;
THENCE, N 19'26'3E'W A DISTANCE OF 88.59 TTET TO'IHE CENIERLINE OF IHE COLORAOO RI\€R;
IHENCE. ALONG SAID CENIERUNE THE FOLLOIVING'IHREE COURSES;
1) N 70'53'22" E A oTSTANCE OF 31.62 FEET;
2) THENCE, N J2'04'34- E A DIS]ANCE OF a34.r7 FEET;
5) IHENCE, N 0216'5s' E a orsrANcE oF 278.12 FEe\
IHENCE, DEPARIING SAIO CEN'IERLINE S 27'43'05' E A OISTANCE OF 192.28 FEET TO A PONT INA FENCE UNE AS CONSTRUCIED ANO IN PLACE;
IHENCE, ALCNG SAIO FENCE LINE S 001619- E A DISTANCE G 272.69 TEET TO A PONT AT THE
INTERSECNON WlH A SECOND FENCE LINE AS CONS'IRUCIED AND IN PLACE;
IHENCE, ALONG SAID SECOND FENCI LINE ]HE FOLLOWING FI\E COURSES;
1) S E6'06'27' E A DTSTANCE OF 19.45 FEET.
2) IHENCE, N E6'02'57' E A DTSTANCE OF a0.95 FEET;
J) rltENcE, N 87?9'51' E A DTSTANCE OF 181.16 FEET;
4) IHENCE, N 69'49'09" E A DTSTANCE OF 152.09 FEET;
5) THENCE, N E9'49'O9' E A DTSTANCE OF 488.10 FEET TO A pOtNT ON THE NORTHERLY RTGHT OF
WAY UNE OF COUNTY ROAD 335 MORE OR LESS;.IHENCE, ALONG SAID NOR'IHERLY RIGHT OF V{AY UNE ]HE FOLLOUNG N\E COURSES;
1) S 3723'53' W A OTSTANCE OF 266.14 FEET;
2) IHENCE. 258.07 FEET ALONG A CUR!€ TO IHE LEFT HAVTNG A lO2,+.28 FOOT RADTUS $TH A
LONG C1IORD OF WHICH BEARS S 30'10'52" W A DISTANCE OF 257.J9 FEET AND A DELTA OF
1426'08-;
J) THENCE, 213.92 FEET ALONG A CUR\E TO II{E RIGHT HAMNG A 602,70 FOOT RADIUS WTH A
LONG CHORD OF WHICH BEARS S 33'07'53- W A DISTANCE OF 2I2.EO FEET AND A DELTA OF
20'20'12"i
4) IHENCE, 238.86 FEET ALONG A CURIE TO IHE LEFT HAVtNc A 1590.42 FOOT RADTUS WlH A
LONG CHORO OF WHICH BEARS S 3859"+9- W A DISTANCE OF 238.64 FEIT AND A DELTA OF
836'16";
5) IHENCE, S 34'4r'.0'vJ A D|SIANCE OF 1520.15 FEET TO tHE PONT OF BEG|NN|NG.
SAIO PARCEL CONTAINING J4.969 ACRES, MORE OR LESS.
IHAT SAID OWIER HAS CAUSED IHE SAID REAL PROPERTY TC BE LAID OUT AND SUR\EYEO AS
GILEAO GAROENS, A SJBDIMSION OF A PART OF GARFIELO COUNTY. COLORADO.
IHAT ALL EXPENSE FOR STREET PAVING OR IMPRO\€MENTS SHALL BE FURNISHED 8Y IHE SELLER
OR PURCHASER, NOT BY lHE COIINTY OF GARFIELD.
IHAT SAID OII'}IER DOES HEREBY DEDICAIE ANO SET APART ATI OF lHE SIREETS AND ROAOS AS
SHOVil. ON IHE ACCOMPANYNG PLAT TO IHE USE OF THE PUBLIC FOREVER, AND HEREBY
DEOICA]E TO IHE PUBLIC UNUIES IHOSE PORTIONS OF SAID REAL PROPERTY ffiICH ARE LABELEDAS UTILITY EASTMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EAS€MENTS FOR IHE
INSTALLATION ANO MAINTENANCE OF UNLIIES ANO ORAINAGE FAOLITIES, INCLUDINC BUT NOT
LIMIIED TO ELECIRIC UNES, cAS UNES, IELEPHONE LINES; TOGEIHER wIH THE RtcHI TO IR|M
INIERFERING IREES AND BRUSH; WIH PERPETUAL Rlclll OF INGRESS ANo EGRESS FOR
INSTALLATION AND MAINIENANCE OF SUCH LINES, SUCH EASEMENTS AND RIG{TS SHAI.I. BE
UTIUZED IN A REASONABLE AND PRUOENT MANNER.
IN T$TNESS HEREOF SAIO OIIiNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED
.IHIS
-
DAY OF A.0.,2006.
BY
DAV]D MILLER. IRUSTEE OF BBD, A TRUST
EY: _-nffiUsr
sTArE OF CoLORADO )
)""
couNTY or GARFTELD )
IHE FOREGOING OEDICA]ION WAS ACKNOWLEOGED EEFORE ME THIS
-
DAY OF
A.0., 2006, BY DAVID MILLER AND RENEE MILLER. AS ]RUSTEES OF
CHAIRMAN
WINESS MY HANO AND IHE SEAL OF THE COIJNTY OF GARFIELO.
arrEsr._
COUNW CLERK
ATTORNEYS CERTINCAIE
I,
-
AN ATTORNEY UCENSED TO PRACNCE LAW INIHE SIAIE OE COLORADO, DO HEREBY CERIiFY THAT ALL DEDICATIONS TO THE PUBUC,AS OISCRIBEO ON THE FINAL PLAT ARE FREE AND CI.IAR OF ANY LIENS, CLAIMS OR
ENCUMBRANCES OF RECORO AND RJRTHER IHAT'IHIS SUBDIV1SION IS IN SUBSTAN1IAL
COMPLIANCE WTH 'IHE GARFIELD COUNTY SUBDIVISION REGULATIONS OF 1984.
BY:
ATTORNEY
DAIE
COUNTY SURVEYOR,S CERTIFICAIE
APPROIEO FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SUR\EYS.
CALCULAnONS OR DRAFTTNG PURSUANT TO C.R.S. 17J, 56-51-101 AND 102 (REV|SED).
GARFIELD COUNTY SURVEYOR
DATE
A"O. 2006,
BYr
SIGNA'IURE
STAIE OF
COUNTY OF
IHE FOREGONG MORTGAGEE'S CERIIFICAIE WAS ACKNOI{LEDGED BEFORE ME ]HIS
-- DAY OF A.0., 2006. BY
AS OF CLC CONSUMER SERVICES
MY COMMISSION EXPIRES:
OF IHIS PLAT
EXECUIED ]HIS
--
DAY OE
B.
WITNESS MY HANO AND SEAL
----N6ilF TuBLrc
-
l. SLOPES: THE 10' CONSTRUCTION SEIBACK, AT THE CREST OF IHE RI\ER
IERRACE, RECOMMENDED IN IHE HP GEOIECH REPORT SHOULD BE OUALIFIED, I.E.
lHE EASIS FOR]HE 10'SETBACX AND IF THE SE]BACK ACCOUNTS FOR
INCREASED SOIL MOISIURE DUE TO IHE PROPOSED PONDS ON LOTS 6 & 9.
ll. oRAINAGE: HP GEOIECH IDENTIFIES THE LOCAIION OF THE PRoPERTY 0N A
RELATIVELY YOUNG ALLUVIAL FAN. ALLUVAL FAN FEATURES ARE TYPICALLY
COMPOSED OF FINE-GRAINED SOILS THAT ARE POORLY CEMEN]EO AND IEND TO
ERODE QUICI(LY DURING LARGE STORM E\ENTS. II{E RECOMMENOATIONS OF HP
GEO]ECH ANO BOUNDARIES UNUMI]ED TO CONSIRUCT BERMS ON IHE UPSIREAM
SIOE OF IHE PROPOSED LOTS SHOULD BE INCLUOEO IN THE SIIE AND Gf,AOINGPLANS. DI\ERSION BERMS ON EACH OF IHE LOTS WOJLD HELP TO MINIMIZE
DAMAGE IN E\ENT A DEBRIS FLOW OR FLASH FLOOD CROSSES IHE S]E.
lll. SOLS: HP GEOIECH'S RECOMMENDATIONS REGARDING IHE MIIIGATION OF IHE
CONCERNS wITH SWELLING AND COMPRESSIBLE SOILS O.1 lHlS SIIE SHATI BEADHERED. glvEN IHAI THE SOILS ON I1{lS SITE ARE MOTSTURE SENSI\E. IHE
LOCATIONS OF THE PROPOSEO PONDS, O{ LOTS E & 9, SHALL BE SIIED WIH
CONSIDERAIIONS TO HOW IHE INCREASED SOIL MOISTURE WILL AFFECT IHE
PERFORMANCE OF IHE NEARBY FOUNDATIONS.
DUE TO IHE POSSIBLE PRESENCE OF RAOON GAS IN IHE AREA, TESNNG FOR RADON GAS
SHALL 8E OONE WHEN Il{E RESIOENCES AND OIHER OCCUPIED STRUCIURES HAVE BEEN
COMPLETEO. PRIOR TO IHE ISSUANCE OF A CERIIFICA]E OF OCCIJPANCY, OR RAOON GAS
MINGATION CAN BE INCORPORAIEO IN IIIE DESIGN OF IHE STRUCTURES, SHOULD RAOON
GAS BE FOUNO AFTER TESIING. MITIGATION SHALL BE OONE PRIOR TO CERTINCAE OF
OCCUPANCY.
SURVEYOR.S CERINCATE
I, JEFEXEY ALLEN N'Tru. DO HEREBY STATE IHAT I AM A REGISIERED LAND
SUR!€YOR LICENSEO UNOER IHE LAWS OF THE STA'IE OF COLORADO, IHAT ]HIS PLATIS A IRUE, CORRECT ANO COMPLETE PLAT OF IHE GILEAD GAROENS AS LAID OUT.
PLATIED. OEDICATED AND SHOWI! HEREON. THAT SUCH PLAT WAS MADE FROM AN
ACCURA'IE SURVEY OF S^IO PROPERTY 8Y ME AND UNDER MY SUPERVISION AND
CORRECILY SHOWS ]HE LOCAIION AND DIMENSIONS OF IHE LOTS, EASEMENTS AND
STREETS OF SAID SUEOIVISION AS IHE SAME ARE STAKED UPON IHE GROJNO IN
COMPLIANCE WTH APPLICAALE REGULAIIONS GOVERNING IHE SUBDIVISION OF LAND.
IN WINESS WHEREOF I HA\€ SET MY HANO AND SEAL THIS
-
DAY
oF_* A.D. 2006.
MORTGAGEE.S CERIIFICAIE
WEI.IS FARGO BANK N.A. BEING lHE BENEFICIARY OF A DEED OF TRUST UPON IHE
PROPERTY AFFECIED BY'IHIS PLAT HEREEY CONSENTS TO AND APPRO\ES IHE NLING
OF IHIS PLAT
EXECUIED THIS
-
DAY OF A.D. 2006,
BY:
SIGNAIURE
STATE OF
COUNTY OF
IHE FOREGONG MORTGAGEE'S CERTIFICAIE WAS ACKNOWLEDGEO BEFORE ME IHIS
-
DAY OF A.D., 2006. BY
AS OF WELLS FARGO BANX N,A.
MY COMMISSION EXPIRES:
WINESS MY HAND AND SEAL
NOTARY PUBLIC
ggD, A TRUST
MY COMMISSION EXPIRES: _--_
JEFFREY ALLEN TUTILE, L.S. #33638
WTNESS MY HAND AND SEAL
NOTARY PUBLIC
CLERK ANO RECOROER'S CERTIFICATE
THIS PLAI WAS NI.EO FOR RECORD IN lHE OFFICE OF lHE CLERK AND RECOROER OF GARFIELD
couNTY. coloRAoo. AT _ o'ctocx --_M.. oN lHE __ DAy OF
- 2006, AND IS DULY RECOROED IN EOOK
-_-
PAGE
--AS RECEPTION NO.
ATTESI:
CLERK AND RECORDER
MINERAL RIGHTS
OW{ERS INTEREST
BBD TRUST, A'IRUST 5O.OZ
DAVID J, MILLER & RENEE T.
MILLER, IRUS'IEES
1577 COUNTY ROAD 335
NEW CASIU, CO 61647
|.ENO B. UONTOVER 25.02I9I4 COUNTY ROAD JlI
NEW CASIIE. CO 61647
FRANK J. MONTOVER 25.02
P.O. BOX 502sltr. co E1652
SURFACE RIGHTS
INTERESTOUNFRS
BBD TRUST, A TRUSI 1OO.OZ
DAVID J. MILIfR & RENEE T.
MILLER. IRUSIEES
1577 COUNTY ROAo 335
\(o
x
Ss
t{
{
t-\
$
!
It\it
iiri
s[$$
t\\{FrF\
N\
NN
N
u.
s$p
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t:s\:1
NS$
t^
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o,\ss
s(o
h
€b
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ot
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E
c.
NEW CASILE. CO 81647
Noticc:
According to Coltrodo low. ,DU must commcnce ony lcAol octio bolcd upon onydalcct in this Eurrcy withln thraa )€ors oftar you first dbcowr auch dclcct. ln'no cwnt moy ony lcaol oction bosed upon ony dalcct ln this surwy b.cmmancad msr thor tm Fcrs kom tha dcte of the certificotim shown her€Gi.
BY:
OEPUW
CILTAD CARDEAIS
FINAL PLAT
A suBDIVrsroN oF IAND srruArE ,*"lHrr,r{3.l"Trxi&,.[.i3f;l,fJ ,, r 6s , R e1lv, oF rHE 6rH p.M
SHEET 2 OF 2
\l\ \J\ '.\\
o
o
@
ROW DEDICATION
GRAPHIC SCALE
(rxrEm)
rbch-lmtL
r r62.6El
2 rE1,659
3 174,393it 116,348
5 88,7086 90,58J7 98.663
I 216,2249 509,043
4.193 ALLOWEO4.170 ALLOWEO4.OOJ ALLOWED
2.670 NOT ALLOWED
2.056 NOT ALLOWED
2.079 NOT ALLOWED
2,265 NOT ALLOWEO4.96J ALLOWED7.094 ALLOWEO
I OT SUMMARY
ACCESSORY
LOT SO. TT, ACRES DWELIING UNIT
PUBLIC RIGHT-OF-WAY
STREET SO.II ACRES
HARIEST LANE
GARDEN CIRCLE
J2.1sJ 0.7J8
21,544 0.494
LEGEND
SUBDIVISION BOUNDARY LINE & CORNER
(#5 REBAR w/ REo pLASnc cAp, LS f33638)
LOT UNE & CORNER (TO BE SET -,5 REBAR V RED PLASnC CAP, LS #33638)
BUILDING ENIELOPE
BUILOING EN\ELOPE'IlE
ADJACENT LAND LOT LINE
EASEMENT, S€E KEY DESCRIPNON BELOW
.s \765. SF+/-
6.017 ^c+/-
l,024.28'
257,
R=.
D-
EASEMENT IDENINER BLOCK
EASEMENT IOENNNERS (SEE EASEMEIN DENIIFIER XEY)
EASEMENT WIDTH
\\\\\
U.S.G.S OUAD SCALE: 1 INCH = 2000 FOOT
DELTA
cr 1024.28 20.84 10.42 s 36'€'58- W 20,E4 1lDs'56'
2100.oo 355.45 178.15 N 3426'55'E 355.02 9?l'52"
1590.42 111.23 55.64 s 4l'17'45'W 'I11.21 4'D0'26'
c9
c10 165.00 77.94 39.73 N 42'16'11'W 77.26 27'01'15'
Cl,+70.00 79.66 14.77 s 31'35'Or- W 75.43 6511'58-
54.52 s 3855'43'E E6.02 75'49'30-
cl9 125.0O 166.34 98.09 s 6651'09' E 154.34 76'14'40"
-:4-c23
I OO.O0
I 40.00
I JJ.07
65.17
78-47
33.71
s 66'51'09' E
N 4216'rl'W
76'14'40"
27'01'15"
c24 65.00 50.21 26.43 s t3t3'29" E 4A.97 44f5'Jl'
cza 70.00 r2.05 5.04 s 4414'23'E 1?.O4
EASEMENT IDENTIFIER KEY
T>
Rb!Y-
Rdq ,lth
Rcd Pl@tlc C@
@csbtc)
R= 602.70
L= 213.92'
D= 2o2O'12'
212.AO'
s33!7'53'w
T=10'U
o
.ooIoao
z
R= 1590.42'
L= 258.86'
8.56'18'
238.64'
s5tssg'49'YYCB=
T=
l,L
co
%\
q.9^\
e)
.+
N 86!2'57' E 40.95'
N 88'06'27P W 19.45'
s 0016'19' E 272.69'
t4'
ID
I
F
L
P
I
DESCRIPIION
TRRTGATToN (DTTCHS, PONoS & PTPEUNES)
FIRE PRO]EC]ION SYSIEM ACCESS
LANDSCAPE
PARK (NO MOTORIZED VEHICLES)
TRAILS FOR PEDESIRIANS & EIKES
rcd plostic
point both
& B. Minor
thc racords
bcoring of
bosed upon o #5 rcbor with yellow plostic cop L.S.of the southeost coancr ond o f5 rebor with o
cop (illegible) o witn€ss corncr to on ooEtrdy ongle
found in o fence line on the eosterly line ol the !{.
Subdivision .ccordod os Reception No. 511221 in
of th. Gorlicld Couhty Cl.rk R.corder using o
N04'39'24'W bctwecn th. two described monuments.
BENEFICIARY
GGHOA
BMFPO
GGHOA
GGHOA
GGHOA
'amr Cqp\-€d. 5E 7 \-
R9A., 5th P.u.- \
(NO UNAUTHORTZEo MOTORTZED \EHTCLES)
U - UILINES PUBLIC UTILITY COMPANIES
IV - OOMESI1C VTA]ER GGHOA
GGHOA - GITTAD GAROENS HOME OVNERS ASSOCIA]ION
: BMFPD - BURNING MOUNTAIN FIRE PROIECnON 0ISIRICE
\\\\\\\\\\
7h. Plot bound@y ohd bosis of beorihg is bosed on lhc
Roundory SurEy Plot ol this porccl prcpo.ed b)/ fuille
Surcing Semie. Dote of Survey is Febtuory 5, 2OOl.
CENERUNE tr DIICH. WfD REWMS
orTG cqPANY. 800K 52E, PAG 292.
UTCH CqPNY
R&q
Ydlo, Pr@ilc CqLS
'9598Pdrl ol RcghnrrgRcbq vlth 7zg.zc'
N w Plwtic Cq
,(ue$tc)
Notlcc:
According to Cglorodo low, )Du must commcnce ony legol octlon
boscd upon ony daieci in this sursy within thrce )6ors ofts )oufirst discover such delcct. ln no .wnt moy ony legol oction
bosed upon ony dafrct in thls surey ba qomm€nced more thon
tcn )€ors from thc dote ol thc cartlficotlon ahown hcraon.
Bcorings ore
1959E found
gIE
,l
\
s
\s,.)
\
sI
{
E
L.\
5
!
s
$
t*e\\;t
iili
it$$
t\\{S
N\
NN
N
t^
Sq\)\N
ilRI
S€S
NSE
$$ss u
N$[* E
NNSE B
LOT 1
1a2.6a1. SF+/-
4.195 AC+/-
' I 2O-l.W I
,&.-t/
^8%
9z-s'
LOT 2
181,659. SF+/-
1.170 AC+/-
+.ro.
'Q8sa
'go,
.*o
\
)
{u*\-jZE]@ LoT
r<@
174,39J. SF+/-
4.003 Ac+,/-
q fIEEl
"B;F-
reEit
T EUMGqEEE UE E
I)
d
-"T;T#L
1OO YIAR FLOODPLAIN
LOT 9
J09,043. SF+i/-
7.091 AC+/-
Do'tmn@ cmq r[-F]'-l
)--
LOT 4
il5,548. sF+/-
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