HomeMy WebLinkAbout1.0 Application2IO TENTH STFIEET
GLENWOOD SPRINGS, COLOFIADO 8I601
TELEPHONE (303) 928-966s
FACSTMTLE (3O3) 928-9680
cARBONDALE, COLORADO OFFICE (3O3) 963-9600
1995
HARTERT VTILSON HARTERT
€J CHRISTENSEN
ATTOFINEYS AT LAW
April 14,
Don Delbrd
Garfield County Attorney
109 8th Street
Glenwood Springs, CO 81601
ItE: Evergreen Commercial Center Subdivision
Dear Dou:
Enclosed please find the following documents:
Revised Subdivision Improvetnent Agreement.
Quit Clairn Deed of water rights to Owtlers Association.
3. Revised Declaration of Covenants. Conditious and Restrictions.
4. Statement of Authority as to real property.
5. Quit Clairn Deed of lot 4 to Wayue Rudd, individually.
The above described documents, along with the revised plat and engineering, should resolve
tlre issues discussed durilg our March 23, 1995 meeting and subsequent telephone conversation.
As requested, I have deleted any refereuces to the "Outlot". In the Declaration the owners
association is now vested with riglrt of access to the cormron facilities. In the Subdivision
Improvement Agreement, I have aclded a provision regarcling schooI impact lbes. Further, I changed
the phrase "six weeks" to "six montlts" on page three of the SIA.
GERALD D. HARTERT
RONALD M. WILSON
THOMAS J. HARTERT
NICHOLAS M. CHRISTENSEN
l.
2.
As I stated in our telephone conversation, C.R.S. 7-30-l0l(2) requires nonprofit associations
to have at least two members. The Quit Claim Deed of lot 4 to Wayne Rudd, Individually, will
provide a second association member and operate to bring the association in to existence. This Deed
will be recorded along with the final plat.
The Quit Claim Deed of water rights will operate to transf'er all of the Rr.rdds' well and water
rights to the association. This Deed will be recorded along with the final plat. In addition, we have
initiated the process to assign Wayne Rudd's Basalt Water Conservancy District contract to the
Owners Association. This assignment will be elfective upon recordation of the final plat and the
related deeds and documeuts described herein.
Please contact me if you have any questions or concerns regarding this matter.
Sincerely,tta
Nicholas M. Christensen
NMC/pc
Roland Parker
Enclosures
ffi-o coNs!
tEB \ I \gsa
.&MPUMPCOIYIPAI\IY
6zat cornttt RoAo 167
GLENwooo SPRlNcs. CO 8160l
(3O3) 9454 159
Rudd Const
OL32 Park Ave '
BasaIb, Co' 81621
Attn: WaYne,
A twenty four hour weII test was performed by J & M Pump
co.ont,heproperty.loca::;";;'bonLa'v-iuouit'"HomePark
The f otloving- i"="it'" were obtained
FebruarY 8, 1994
WeIl:
Water Level:
Drawdown:
PumP Sett'ing:
sustained Yeild:
Water ClaritY:
RecoverY:
J & M PUMP CO.
ffir*/,4 Wa/
Richard A Hotub
Lic. No 1196
108',
68'5"
11'7"
104'
50 GPM
C learI5 t{inutes (rutr recovery)
This well clearlY exhibibs bhe
orade bhe pet*ii- iot it teast 50GPt4 '
3l:::."tl"i-;;;' to carr' rhank You'
informaLion needed to uP--;; you have any questions '
April 14, 1995
Rudd Construction
Attn: Roland Parker
0132 Park Avenue
Basalt, CO 81621
RE:
Dear Roland:
This letter is in response
system and its usage on
Evergreen Commercial Center, near CMC turnoff
HCE File # 91056.001
to your request for additional information related to the water
the Evergreen Comtnercial Center site.
We have estirnated the water flows based on information from the Colorado Department of
-
Health'ancl other sources. Similar use buildings in the area irave a maximutr, occupancy-of
approximately two persons per 1000 square feei of floor area. Thus, the 12,000 square foot
Ui,itaingr proiosed iould hive24 persons in each building. At a rate of 30 gallons per
person p.i OiV the total average Aiity now could reach 2880 gallons per day for the entire
development. Irrigation could add approximately another 50%. Therefore, total average
water urug" is estimated to be on the order of 4300 gallons per day. N_o_te that this is an
average Oiity now of three gallons per minute. The pump test rate of 50 gallons per minute
would allowa peaking factoi of sixieen, while three to six is typical. (See attached 24 hour
pump test results by J & M PumP.)
All.of the buildings are within approximately 300 feet of the well. One service is immediate-
ly adjacent to the well, the othei ihree services essentially radiate frorn the well. The first
fiO to 200 feet of the tirree services are combined, using a two inch pipe size, while the
remainder of each service is one and one quarter inch pipe. Due to the proximity of each
building to the well, and due to the central location of the well within the lots, there is no
real distribution line, all lines are essentially service lines. Note that even though the-
expected water use and delrand for each UuitOing is less than a typical residence, (including
the four-plex, since it does not have laundry facilities) the service lines are sized significantly
larger than the usual three quarter inch residential service.
923 Cooper Avenue . Glenwood Springs, CO 81601
Telephone: 303-945-8676 . FAX: 303'945'2555
rr
t?
Rudd Construction
Page2
April 14, 1995
;
If you have any questions or need additional information, please contact us.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Prfncipal Engineer
SUBDIVISION IMPROVEMENT AGREEMENT
FOR
EVERGREEN COMMERCIAL CENTER SUBDIVISION
THIS AGREEMENT is made and entered int.o this day of
, L9g5 between WAYNE RUDD AND SUSAN J. RUDD, (the
rrownerrr ) and t.he BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COI-,ORADO, (the "Countyr' )
WITNESSETH:
WHEREAS, the Owner is the owner of certain rea] property
located in Garfield County, Colorado, more particularly described
in the Final Plat for Evergreen Commercial- Center, which is filed
on even date hereof (the "subdivision")
WHEREAS, ds a condit.ion of approval of the Final PIat for the
Subdivision and as required by the laws of the Stat.e of Colorado,
the Owner wishes to enter into this Subdivision Improvement
Agreement with the County, and
ryHEREAS, the County has required and the owner has agreed to
provide securit.y or collateral sufficient in the judgment of the
County to make reasonable provision for complet.ion of certain
public improvements required to be installed in the Subdivision as
seL fort.h herein
WHEREAS, the Owner has agreed Lo execut.e and del-iver a letter
of credit, or ot.her acceptable collateral- to the County to secure
and guarantee its performance of this Agreement, all- as more fully
set forth hereinafter.
NOW, THEREFORE, FOR ATiTD IN CONSIDERATION OF THE PREMISES AIitD
THE FOTLOWING MUTUAL COVENANTS A.I{D AGREEMENTS, THE PARTIES HEREBY
AGREE AS FOI,LOWS:
1. OWNER'S PERFORMANCE.Owner has constructed and
installed, or will cause to be const.ructed and inst.alled at their
sol-e expense those improvements required through approval of the
Preliminary Plan in Resolution No.The improvements
required therein wiIl
in accordance with the
be completed on or before September L, 1995
following:
A. AII plat. documents submitted prior to or at the time
of the Final PIat approval, which a4e incorporated herein by t.his
reference and made a part of this Agreement.
B. A11 requiremenLs of Resol-ution No , of the
Garfield County Zon:-ng Code and the Garfield County Subdivision
Regulations.
C. AlL laws of the Unit.ed States, the State of
CoIorado, the County of Garfield and its various agencies and
af fected special dist.ricts.
D. Such other designs, maps, specifications, sketches
and other materials submitted to and approved by any of the above
stated governmental entit.ies.
The County agrees that if al-l- improvements are instal-l-ed in
accordance with the Lerms of t.his Agreement, the Final PIat
documents and the requiremenLs of the Preliminary PIan, Lhen the
Owner shal-l- be deemed to have satisfied all- terms and conditions of
the zoning and subdivision resolutions and regulaLions of Garfield
County.
2. SECURITY EOR IMPROVEMENTS. On or before the date of t.he
recording of the Final PIat with the Cl-erk and Recorder, the Owner
shall de1iver a let.ter of credit which is acceptable to the County
in the amount of t.he total cost of the improvements for the
Subdivision t.hat have not yet been completed. Those improvements,
together wit.h the cost as cerLified by a l-icensed engineer are
at.tached heret.o as Exhibit A and incorporated herein by this
reference. The Ietter of credit sha1l be issued by a state or
national banking institution in a form acceptable to the County,
and from an institution that is licensed to do business in the
St.ate of Colorado. Certification of completion of improvements
musL be submitted by a licensed or registered engineer. Such
certificat.ion shall certify that the improvements have been
constructed in accordance wit.h the requirements of this Agreement,
including all Fina} Pl-at.s, and plans, and shal-I be stamped by said
professional engineer
The letter of credit set forth herein musL be valid for a
minimum of six (6) months beyond the completion daLe for the
improvemenls set fort.h herein. Any extension of the t.ime periods
within which improvements must be completed shall cause the letter
of credit required herein to be extended for an equal amount of
time. If the County det.ermines that the improvements are not
constructed in compliance with the rel-evant specif icat.ions, it
shal-1 furnish a letter of potentiat deficiencies to the Owner
within f if t.een (15 ) days f rom the date the Count.y receives
cert.ification from Lhe Owner thaL all improvements as set forth on
Exhibit A have been completed. If that. letter is not furnished
within fifteen (15) days, a1I improvements shall be deemed accepted
and the County sha1l release Lhe appropriate amount of security as
such relates to the completed improvements -If a letter of
potential deficiencies is furnished by the County, the Count.y shall
have t.hirty (30) days t.o complete its invest.igation and provide
written confirmation of the deficiencies to the Owner. If, upon
furt.her investigation, the County finds that all improvements are
acceptable, then appropriate security shall be released to the
Owner within ten (10) days after completion of such investigation.
In t.he event that such improvemenLs are not accepted by Lhe County,
the County shal-I make written findings before drawing upon t.he
letter of credit.
The County may, at. its option, permit the Owner to substitute
other collateral acceptable to the County for the l-etter of credit.
No Final PIat shatl be recorded pursuant to this Agreement
until a l-etter of credit or other collateral acceptable to t.he
County is received by the County to secure completion of the
improvements as hereinabove provided.
3. WATER. Prior to recordation of the Final Pl-at, the water
wel-I and all- water system improvements, including all easements
necessary for the instal-Iat.ion of that system, together with the
necessary water rights and assignment of permits and wat,er
all-otment contracts and other water rights, shal-I be transferred by
deed, dedication or contract to t.he Evergreen Commercial Center
Subdivision Owners Association. That deed, dedication or contract
shalL be recorded coincident with the filing of the Final PIat.
4. INDEMNITY. To the extent allowed by law, owner agrees
to indemnify and hold the Count.y hhrmless and defend the County
f rom all claims which may arise as a result of Owner's instal-l-ation
of the improvements pursuant to thls Agreement,' provided, however,
Owner does not indemnify the County for claims made asserting that
the standards imposed by the County on Owner are improper or the
cause of the injury asserted. ,
The County shall be required to notify the Owner of receipt of
a notice of claim or a notice of intent. to sue and shall afford
Owner t.he option of defending any such,claim or action. Faifure to
not.ify and provide such option to Owner shal-1 ext.inguish the
County's right under this paragraph. Nothing hereinstated shall be
interpreted to require Owner to indemnify the County from claims
which may arise from t.he negligent acts or omissions of the County
or it.s employees.
5. SCHOeL IMPACT FEES. The parties heret.o agree that school
impact fees are not required for this Subdivision.
6. SALE OF LOTS. No lot within the proposed Subdivision
that is the subject of this Agreement shall- be conveyed prior to
t.he recordj-ng of the Final Plat.
7. APPROVAL OF FINAL PLAT.
the Final Pl-at subj ect. to the
Agreement.
The County agrees to aPProval of
terms and conditions of this
8. ENFORCEMENT. In addition to any rights which may be
provided by Colorado statute, it is mutually agreed that t.he County
or any purchaser of a Iot within the Subdivision shall have the
authorit.y to bring an action in t.he District Court of Garfield
County, Colorado to compel enforcemenl of t.his Agreement. In the
event no action is commenced before issuance of the final
certificate of completion of improvemenLs and acceptance thereof by
the County, dny purchaser's rights to commence an action sha}l
thereafter be extinguished.
9 - CONSENT TO VACATE PLAT. In the event the owner fails
to comply with the terms of this Agreement, t.he CounLy shall have
Lhe abilit.y to vacate the plat as it pertains to lot.s for which no
building permits have been issued. Any existing lots for which
building permits have been issued shall not be vacaLed and the plat
as to those lots shal-l- remain va1id. The Owner shall provide a
survey and complete legaI description with a map showing the
locaLion of Portions of the
10. B]NDING EFEECT.
running with the t.itle to
rights and obligations as
plat so vacated.
This Agreement shall be a covenant
each lot. within the Subdivision and the
contained, herein shalI be binding upon
of the Owner, their successors andand inure to the benefit
assigns.
11. RECORDING. UPon execution,
Agreement with the office of the Clerk
County, Colorado.
T2. VENUE AND JURISD]CTION.
cause arising out of or related to
District Court for Garfield County
laws of t.he State of Colorado.
ATTEST:
By'
Clerk to the Board
Venue and jurisdiction for anY
this Agreement shall lie in the
and be construed Pursuant to the
Owner shall
and Recorder
record this
for Garfield
13. ROADS. Roads within the Subdivision shall be dedicated
t.o the Evergreen Commercial- CenLer Subdivision Owners Association'
The County shall not be obligated to maintain such roads ' The
Homeowners Association shal-l- bear the sore responsibility for the
maintenance, upkeep, repair, restoration, snow removal and
reconsLruction of aII roads within the subdivision.
Wayne Rudd Susan J. Rudd
BOARD OF COI'NTY COMMISSIONERS
GARF]ELD COUNTY, COLORADO
Elmer "BuckeY" Arbaney,
Chairman
OF
srArEMENr oF AHiHfiif" AS ro
FOR
EVERGREEN COMMERCIAL CBNTBR SUBDIVISION
OWNERS ASSOCIATION
Wayne Rudd and Susan J. Rudd (the "Undersigned"), in accordance with C.R.S. 7-30-105,
hereby state the following:
1. The name of the Colorado nonprofit associatiou is Evergreen Comtnercial
Center Subdivision Owners Association (the "Associatiou").
2. The address of the Association is 0132 Park Aventte, Basalt, Colorado 81621
. 3. The Undersigned are all of the mernbers of the Association and as such have
authority to execute this statement on behalf of the Association.
4. Pursuant to the unanirnous vote of the members of the Associatiou, the
Association hereby authorizes the Association Manager, as defined by the Declaration of Covenants,
Conditions and Restrictions for Evergreen Commercial Center Subdivision (the"Declaration") to
encumber or transfer any estate or interest in real property held in the natne of the Association,
subject to Owners Action as described in the terms of said Declaration.
This staternent is executed this day of -.-,1995.
Evergreen Commercial Center Subdivision Owners Association.
By:
By:
Wayne Rudd
Susan J. Rudd
ME,MBERS
Subscribed and sworn to before me this clay of --,1995 by Wayne Rudd and
Susan J. Rudd as the Members of Evergreen Commercial Center Subdivision Owners Association.
Witness my hand and official seal'
My comrnission expires:
SEAL:
Notary Public
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
EVERGREEN COMMERCIAL CENTER SUBDIVISION
I
TIIIS Declaration of Covenants, Conditions and Restrictions for Evergreen
Center Subclivision (hereafter the "Declaration") is rnade this
-
day of
Cornmercial
, 1995, by
Wayne Rudd and Susan J. Rudd (hereafler referred to as the "Declarants")'
RECITALS
WHEREAS, Declarants are the owners of that certain real property known as Evergreen
Commercial Center Subdivision as described on a plat thereol'recorded at lteception No. ----.--
of the records of Garfield County, Colorado (the "Plat"), together with all water and water rights,
easements and rights of way appurtenant to or used upon or in connection with said subdivided
lands, and which subdivision is ctmprisecl of fbur (4) lots (the "Lots" or "Lot"), and Parcels B' C'
D and E on the Plat, and certain other cornmon facilities (collectively the "subdivision"); and
WIIEREAS, Declarants desire to create an unincorporated tlon-profit associatiotl pursuant
to the Colorado Unifonn Unincorporated Non Profit Association Act, Colorado Revised Statute 7-
30-l0l et seq., to be known as the Evergreen Commercial Center Subdivision Owners Association
(hereafter the "Association") for purposes of owning, maintaining and administering Parcels B, C,
b, and E ald other cornmon facilities (collectively the "Common Facilitigt") as herealter described,
the me,rbers of which Association shall be the owners of the individual Lots (the "Lot Owners") and
which Association shall also administer and enfbrce the covenants, conditions,and restrictions herein
set forth and collect and disburse the assessments and charges hereinafter created; and
WHEREAS, Declarants desire to provicle a flexible and reasonable procedure for the overall
development of the Subdivision, and to establish a method for the administration, maintenance,
preservation, control, use, and enjoyrnent of the Subdivision.
DECLARATION
NOW THEREFORE, Declarants l-rereby cleclare that all of the individual or collective Lots
coprprising the Subdivision shall be held, transf-erred, sold, conveyed and occupied subject to the
following covenants, conditions and restrictions which are established for the purpose of protecting
the value ald desirability of the Subdivision ancl which shall run with title to the Lots and be binding
on all owners or other parties having any right, title or interest in the Subdivision.
ARTICLE I
DEFINITIONS
L Annual Buclget. "AnnLlal Budget" shall mean the calendar year
Association expenses and expenditures upon which the Annual Assesstrtetlt shall be
budget shall be prepared by the Association Manager.
estirnates of
based, which
Z. Amual Meeting. "Annual Meeting" shall mean the rneeting of all nernbers of the
Association to occur once a year fbr the primary pLlrposes of approving the Annual Budget and
selecting the Association Manager, but at which tneeting any other business matters of the
Association may be raised and addressed.
3. Annual and Special Assessments. "Assessments" shall mean all assessntents,
Annual alcl Special, fbr Cornmon Expenses of the Association, and all installments thereof, with
interest thereon and costs of collections, including reasonable attorney's f-ees.
4. Association. "Association" rneans the Evergreeu Commercial Center Subclivision
Owners Association, a Colorado unincorporated nonprof-rt association whose members shall be the
Owners of Lots I through 4 of Evergreen Cotnmercial Center Subdivision.
5. Common Expenses. "Common Expenses" shall mean the expenses incurred by the
Associatiol rrr.lo th" p.orisiorrs of this Declaration and which are payable by the Lot Owners upon
assessntettt
6. Associatioir Manager. "Association Manager" shall mean a person who shall be
a Lot Owner ancl Member of the Association, and who shall be responsible lbr preparing the Amual
Budget, collecting Annual and Special Assesstnents, clisbursing funds fbr Common Expenses,
calliirg special rneetings and otherwise rnanaging the adrninistrative atlairs of the Association.
7. Common Facilities."Cornmon Facilities" shall tnean all real property,
improvemelts thereto, and personal property now or herealter owned by the Association through
de4icatiol, conveyance, or assignment by the Declarauts or acquired by the Association through
Owners Actiol tbr the common use and enjoyment of all Lot Owlters, said Common Facilities
i,cluding but not lipritecl to, Parcels B, C, D and E, alI designated roads and road intproventents,
wells, well pernits, water rights, water contracts, roadway, access and utility easernents, utilities,
structures and pipelines which provide service to or benefit the Subdivision.
8. Declarants. "Declarants" shall lnean Wayne Rudd and Susan J. Rudd, their heirs,
devisees, personal representatives, successors and assigns'
9.Declaration. "Declaration" shall mean the covenants, conditions, restrictions and
terms or provisions set forth in this documqut as the same is recorded in the records ofall other
Garfield County, Colorado, and as the same rnay be amended liom time to time in accordance with
the provisions hereof, with such amendments being likewise recorded.
10. Lot. "Lot" shall mean each of Lots 1,2,3 anrJ4 of the Subdivision.
I 1. Lot Owner. "Lot Owner" nleaus the pelsot't. persons, entity or entities who or which
together shall cornprise the record owller of fee sirnple title to a Lot.
12. Member. "Member" shall mean a person or entity which, by virtue of their status
as a Lot Owner, is deemed to enjoy the metnbership privileges aud responsibilities in the
Association.
13. Owners Action. "Owtters Action" shall rneau a written stateurent ol action to be
taken by the Association which statement shall be executed by no less than tlrree (3) Meurbers or
their respective authorized representatives.
14. Rules ancl Regulations. "Rules and Regulations" shall mean the rules, regulatiotls,
guidelines, policies and stanclards as may be adopted and approved by Owuers Action as provided
i1this Declaration fbr the use, operation, maintenance, and administration of the Common Facilities.
ARTICLE II
PROPERTY RIGHTS AND USE OF PROPERTY
l. Lots. The Lots shall be used only fbr lawlut purposes consistent with the zoning
regulations of Garfreld County, Colorado.
2. Cornmon Areas and Facilities. Surbject to the limitations set lbrth in this Declaration
and a1y Rules and Regulations adoptect by the Association pursttant'to the provisions of this
Declaration, each and every Lot Owner, tenant, lessee or other occupant of a Lot shall have the right
to the use, enjoyrnent and benefit of the Common Facilities of the Subdivision.
3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities
which inure to a Lot Owner by virtue of such ownership are appurtettant to the Lot owned, with or
without specific ref'erence to such appurtenance in any deed which may convey the Lot. For
pnrposes of general ad valorem property assesstnent and taxation, said interest in such Common
F-acilities shall be considered a part o1'the Lot and taxes upon the Common Facilities shall be
assessed against each Lot ancl paid in equal proportions of one-quarter (ll4) by the Owner of each
Lot.
4. Governance ot' Subdivision. All o1' the authority regarding the operation,
maintenance, repair, adrninistration and control of the Common Facilities shall be vested in the
Declarants until such tirne as the first of the fburr (4) individual Lots are conveyed. Thereafter, the
Lot Owners shall have the right to mernbership in saicl,Association and the right to participate in the
governance of the Subdivision and all of its Common Facilities as said rights are more fully
described in this Declaratiotl.
5.Ilach Lot Owner
irrevocably waives his right to statutory partition of the Common Facilities. No Lot shall be lurther
subdivided by apy Lot Owner; and no Lot sliall be conveyecl or otherwise transf'erred by any Owner
thereof other than in its entirety including appurtellances thereto; provided, however, that this
provisiol shall not be construed to prevent conveyances to adjust corullon bourndaries. The Lot
Owner of Lot 4 of the Subdivision may, in addition to a commercial structure, maintain one four (4)
unit resiclential dwellilg building on Lot 4 (hereafter the "Fourplex"). The Fourplex may be leased
in whole or i1part by said Lot Owner for resiclential dwelling pLuposes; provided, however, that the
Fourplex ald the ildividual units of the Fourplex shall not be sold or conveyed separate fiom Lot
4, and,pursuant to the restrictions of this sectiou, no re-sr,rbdivision o1'Lot 4 ol the Fourplex shall
be allowed.
6. Water Meters. Each Lot shall have a separate water meter installed lbr purposes of
assessilg each Lot on a rnonthly basis for water acturally ursed fbr the benefit of said Lot. In addition
to other assessments herein provicled, staternents fbr such water charges will be mailed rnonthly to
each Lot Owner at the adclress of such Lot Owner as the sarne shall be maintained in the records of
the Association.
7. Enforcement. The Association, by Owners Action, or any Lot Owner shall have the
right to enfbrce the covenants, conditions and restrictions contained in this Declaration by any legal
oiequitable means necessary and available including actions fbr damages and injunctive relief-. In
the evelt of any such action, the Association or Lot Owner or Owuers, if they prevail in said action,
shall be entitled to receive reasonable attomey's f'ees ancl costs l}otn the person or persons found to
be in violation of this Declaration.
l. The owner of record of t'ee simple title to each Lot shall be a Member of the
Association. For purposes of this Declaration, if a Lot is owned by urore thatl one person, all of the
persons owning an interest in f'ee simple title to the Lot shall, in the aggregate, be the Lot Owner
ihereof agd such lrultiple persons comprising the Lot Owner shall, among themselves, designate one
of their ntulber to pai-ticipate in, and represent the others, in any Association aflairs or Owners
Actiol as herein clescribed. For purposes of participation in Owner Actions and any other voting
rnatters in the Association, a Meilber owning more than one Lot shall be entitled to one vote for
each Lot owned.
Z. Ultil such time as the lirst conveyance of title to a Lot in the Subdivision has
occurred, no Association shall exist ancl the Declarants shalI have sole anci exclusive control over
the managernent of the Subdivision and the Common Facilities. Upon the hrst conveyance of a Lot
by the Declarants, the Association shall, withourt any fiirther act, come into existence, be foflned and
ARTICLE,III
established ald vested with the rights, duties and obligations ol the entity created fbr the purposes
described herein.
3. The ownership, operation, management, mainteuance and repairs of tlre Common
Facilities and all Association actions taken with respeot thereto shall be undertaken and perfbrmed
pursuant to Owners Action. The Association shall have the exclusive power and authority to manage
a1y affairs regarding the Common Facilities, and such power and authority shall include, without
lirnitation whatsoever, the lbllowing authority :
A. To own, purchase, lease, install, operate, maintain, repair and replace all or
any part of the Common Facilities;
B. To aclopt such Rules and Regulations as are necessary ancl appropriate fbr
governing the use and benefits of the Cotnmon Facilities;
C.
and Regulations as
D.
To make such aprendments or moclilications to this Declaration and auy Rules
shall be deemed necessary and appropriate;
To establish and oversee the Annual Budget, for purposes of paying
anticipated and contingent expenses related to the Common Facilities;
E. To make, determine ancl collect Aunual ancl Special Assessmeuts for the
pllrpose of paying all Common Expenses. Said Annual Assessments to be deteflnined in accordance
with the establishment of the Amual Budgets and as the same are llecessary as Special Assessments
fbr extraordinary or unforeseen expenses related to said Cotnmon Facilities and which were not
ilcluded in or provicled 1br uncler the Amual Buclget. All Annual and Special Assessments shall
be made on a latable basis amollg the Lot Owners, witl-r a one-fourth (1/4) share of the total
assessment to be paid by the Owner of each Lot;
F. To elect at the Annual Meetirrg by Owners Action, an Association Manager
to act, duripg the upcoming year, on behalf of the Association and in such capacity to exercise all
powers of the Association delegated to him by such Owuers Action;
G. To elforce, by Owners Action, the provisions of this Declaration and any
Rules and Regulations aclopted by the Assooiation, as provided herein, either thlough Owners Action
or by delegation of such enfbrcement authority to the Association Manager;
FL To establish a date certain lbr the Amual Meeting lbr the ensuing year and
to establish special Meetings as appropriate and necessary. Written notice of the date, time and
place of all Annual and Special Meetings, shall be given to each Member by mailing such notice to
each such Mem6er at leasi 20 days prior to the date of such Annual or Special Meeting at the address
of each respective Member as the same shall be mainfained in the records of the Association; and
I. To take any other action necessary or appropriate to carry out the goals herein
expressed and to properly maintain the Common Facilities tbr the use and benefrt of the Lot Owners.
ARTICLE IV
COMMON FACILITIES
The Common Facilities which shall be owned by the Associatiou include, but are not limited
to, Parcels B, C, D and E, all clesignated roads and itnprovements thereto shown on the Plat of the
Subdivision, wells, well pelnits, water and water rights, access, ingress, egress, emergency access,
lanclscape and drainage and utility easernents and improvenlents, and off site road easement
clesignated as Access Easement (Parcel F) on the Plat, establishecl by that certaiu Easement
AgrJenent recordecl at Reception No. 422198 in Book 801 at l'age 64 of said rccorcls as atueudecl
by that ceftain First Amendment to Ilasement Agreement recolded at Reception No. 424867 in Book
SbZ at page 303. The Association shall maintain and keep in goocl repair the Common Facilities
(and any personal property and improvements associated therewith) including all paved areas, all
laldscaped areas, o,rd ory other improvements to or upon the Common Facilities. Such
maintelance to be firlded through the Annual and Special Assessments as provided herein, and shall
include, but not be limited to, periodic inspection and appropriate treattneut of water systems, septic
systerns, clrainage and storm water retention systems; maitltenance, repair, and replacement, of all
other structures, and improvements situated upon the Comnton Facilities ( including filling all
potholes that nay clevelop in the roads), all to the end that the salety, appeal'ance and quality of the
Common Facilities shall permanently endure. All maintenance fiructions required to be performed
by the Association lray $e contractually delegated to a tnauaging agent, including a property
lulanagelneut lirur.
ARTICLE V
INSURANCE AND CASUALTY LOSSES
l. lnsurance. The Association Manager shall have the duty and authority to
obtain insurance fbr all insurable aspects of the ComrnonFacilities against loss ordamage by f-rre
or other hazarcls, inclurding extended coverage, vandalism, ancl malicious mischief. This iusurance
shall be in an amount sr-rfficient to cover the lirll replacement cost of any repair or reconstruction in
the event of danage or clestruction fi'orn any such hazarcl. The Association Manager shall also
obtai, an adequate public liability policy insuring the Association, and its individual Metnbers fbr
all damage oi i"lrry caused by tlie negligence o1'the Association or any of its Members, the
Association Manager or other agents of the Associatiott'
2. Repair and Reconstruction. If the damage or destruction fbr which tl-re
insurance proceeds or" pold is to be repairecl or reconstructed and such proceeds are not sufl-rcient
to clefi-ay the cost thereof, the Association Manager may, without the necessity of any Owners
Action, levy a Special Assessment to cover the amount of deliciency. If the tunds available from
insurance exceed the cost of repair, such excess shall be retained to the benetit of the Association.
AR'TICLE VI
CONDEMNATION
Whenever all or aly part of the Cormnon Facilities strall be taken (or conveyed in lieu of and
uncler tlueat of condemnatioit, by the Association throttgh Owners Action) by any authority having
the power of conclemnation or eminent dornain, each Lot Owner shall be entitled to notice thereof
andto participate in the proceedings incident thereto, unless otherwise prohibited by law' The
award made fbr such taking shall be payable to the Association and used lbr its purposes herein
enutnerated
ARTICLE VII
ASSESSME,NTS
1. Annual ancl Special Assessments. All Aunual and Special Assessments, together
with i,terest at the legal or statutory [ate, costs, and reasonable attorneys' f'ees, if any, shall be a
charge on the land ald shall be a continuing lien upon the Lot against which each Aunual or Special
Assessment a1d the afbresaid related costs and expenses, is made.
Each such Annual or Special Assessment, together with interest, costs and reasonable
attogreys, f'ees, if any, shall also be tlie personal obligation of the person who was the Owuer of a
particular Lot at the tirne the Assessment was made'
All such Annual ancl Special Assessurents shall be due an{ payable within thirty (30)
6ays fbllowing the date upon which the Association Manager shall have tnailed notice of such
Annual or Special Assessment to the Lot Owner obligatecl to pay the assessment at the address of
said Lot owner as maintained in the Association records.
Z. Liens and Foreclosure of Liens. All Annual and Special Assessments shall
constitute a lien o1 each Lot prior and superior to all other liens, except (i) all 4g! valorem taxes,
boncls, assessnents, ancl othei levies which, by law, would be superior thereto, and (ii) the lien or
charge of any first prortgage of recorcl (meaning any recorded mortgage or cleed of trust with first
priority oveiother mortgages or cleecls of trust) made in goocl taith and lbr value'
to recover a money jurclgrnent lbr unpaicl Cotnmou Expenses, interest aud
be maintainable withor,rt lbreclosing or waiving the lien securing the same'
Any liel created pursuant to the provisions of this Article VII may be fbreclosed
under the laws of the State of Colorado in the same manrer as a mortgage.
Associatio, Manager at least thirty (30) days prior to the Annual Meeting, at which the budget shall
be presented to the Association's mernberst ip, to prepare a buclget covering the estimated costs, and
appropriate reserve tund amounts tbr operating-the'Association cluring the comiug year' The
Suit
attomeys'ltes shall
Association Manager shall cause a copy of the budget, and the estirnated amount of the Annual
Assessments derivir-rg therefrom ancl to be levied against each Lot lbr the tbllowing year, to be
clelivered to each Lot Owner with notice of the Meeting.
ART'ICLE VIII
GENERAL PROVISIONS
1 . Ternt. The covenants, conditions and restrictions of this Declaration shall run with
title to the Lots ancl shall inure to the benetlt ol the Lot Owners ancl shall be enlbrceable by the
Association, its Association Manager or auy o1'the Lot Owners.
Z. lnclemnification. The Association shall inclemnily Der:larants atlcl r.lny persolls actiug
ip the capacity of Association Manager against any ancl all expeuses, including attorneys' f'ees and
costs, reasolably incurred by or irnposed upon saicl Declarants or Association Mauager in comection
with aly action, suit or other proceeding (inclucling settlement of any suit or proceeding) to which
the Declarants or Association Manager rnay be a party by reason of auy actious, contracts,
agreements or other activity unclertaken by the Declarants or Association Manager befbre or after
the rnaking of this Declaration. The Declarants or Association Manager shall not be liable fbr any
rnistal<e of judgement, negligent or otherwise, except for willlut misl-easance, malf-easance,
misconduct or bact faith. The Declarants or Association Manager shall have ro personal liability
with respect to any coltract or other commitment made by them, in good laith, with respect to the
Subclivision or Common Facilities or otherwise, on behalf of the Association, and the Association
shall ildelrnify, save and fbrever hold such Declarants or any Association Manager free and
har-mless against any ancl all liability to any oth.er on account of any such contract or cornmitment.
Any right to indemnilication provided lbr herein shall not be exclusive of any other rights to which
Declarants or any Association Matrager may be entitled in tl-ris regard.
3. Delegation of Use. Any Lot Owner may c'lelegate, in accorclance with the Rules and
Regulatiols of the Association, his or her right of use and enjoyment of the Cotnmon Facilities to
tenants and social or business invitees.
4. Owner's Right to Ingress. Egress and Support'
and any tenant or invitee of a Lot Owner shall have the right to
across the Cotnmon Facilities necessary lbr access to his, her or
fhe Association, each Lot Owtler
ingress and egress over, uPou and
its Lot,
5. Easernents fbr Utilities. Etc. Subject to the limitations below set forth, there is
hereby reservecl to the Association, through Owners Actiou, the power to grant specific, legally
clescribed easements across, over and under the Subdivision fbr ingress, egress' installation,
replacilg, repairing and maintaining master television antemra systems, cable systents, security and
similar systems a1d all utilities, including, but not limited to, water, sewers, telephones and
electricity. Such easements shall be grantecl in confbrmance with, and located as provided upol1,
the plat of the Subdivision. The easements proviclecl,tbr in this Section shall in no way adversely
afl-ect any other recorded easement in the Subdivision'
6. Severabilit)r. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way alIect any other provisions which shall remain in lurll lbrce and effect.
7. Perpetuities. If any of the coverlants, conclitions aud restrictior-rs of this Declaration
shall be unlawlul, void or voidable for violation ol the rule against perpetuities, then such provisions
shall continue only until twenty-one (21) years after the death of the longest lived member of the
presently constituted Board of County Commissioners of the County of Garfield, State of Colorado.
8. Non-Waiver. The failure of Declarants, the Association, the Association Manager,
or a Lot Owler to object to any breach of or lailure to comply with the provisions of this Declaration
or any Rules ancl I(egulations by a person sr.rbiect thereto shall in no eveut be deerned a waiver of
any right to object to the same and to seek compliance therewith at auy time.
9. Carptions. Article and section captions, headings or titles inserted thloughout this
Declaration are intended solely as a means of convenience and ref'ereuce and in no way shall such
captions, headings or titles define, lirnit or in any way all'ect any of the substantive tetms and
provisions of this Declaration.
10. Context.whenever the context requires, any pronoLln used herein shall be
deened to mean both the {'eminine and masculine gender, and the singular shall be deemed to also
encompass the corresponding plural.
IN WITNESS WI-IEREOF, the unclersigned Declarants have executed this Declaration this
duy of ...-.--, 1995.
Wayne Rudd
Susau.l. Rudd
STATE OF COLORADO )
) ss.
couN'rY oF GARFIELD )
The fbregoing instrument was acknowledged belbre flre this
1995 by Wayne Rudd and Susan J' Rudd, the Declarants'
doy of -----_.-,
WITNESS my hand and official seal'
My commission expires:
Notary Public
QUITCLAIM DE,ED
THIS DEED, Made ttris _ day of , 1995 between Wayne Rudd and Susan J. Rudd, as joint tenants,
of the County of Garfield and State of Colorado, Grantors, and Evergreen Commercial Center Subdivision Owners
Association, a Colorado unincorporated nonprofit association, whose legal address is 0132 Park Avenue, Basalt,
colorado 81621 of the county of Eagle, state of colorado, Grautee .
WITNESSETH, that the Grantors, for and in consideration of the surn of Ten Dollars and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, have t'emised, released, sold and QUIT
CLAIMED, and by these presents do rimise, release, sell and QUITCLAIM unto tlre Grantee, its heirs, successors
and assigns ,forever, alt ttre right, title, interest, claim and demand wlrich the Grantors have in and to tlte real
property together with improviments, if any, situate, lying and being in the County of Garfield and State of
Colorado, described as follows:
All water and water rights, ditch and ditch rights, reservoir and
reservoir rights used upon, in counection with or appurtenant to
the Evergreen Commercial Center Subdivision according to the
plat thereof recorded as Receptiott No. =-..- of tlre
records of Garfield County, Colorado, including all right, title
and interest of Grarrtors herein in and to the water well and all
well facilities on said Property.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
tSereunto belonging or in anywise thereunto appertaining, and atl the estate, right, title, interest and claim whatsoever,
oftheGraptorr,.itl.r"rinlaworequity,totheontyprop.r. use,benefitandbehoofoftheGranteeitsheirsandassigns
forever.
IN WITNESS WHEREOF, The Grantors have executed this deed on the date set forth above.
Wayne Rudd
Susan J. Rudd
srATE OF COLORADO )
)ss. I
couNTY oF GARFIELD)
Tlre foregoirlg instrument was acknowledge befole me this day of
-,
1995 by Wayne
Rudd and Susan J. Rudd.
Witness my hand and official seal.
My comntission expires
SEAL:
Notary Public
QUITCLAIM DEED
THIS DEED, Made this _ day of , 1995 between Wayne Rudd and Susan J. Rudd, as joint
tenallts, of the County of C*R.ta and State of Colorado, Grantors, and Wayne Rudd whose legal address is 0052
Flying Fish Road, Carbondale, Colorado 81623 of the County of Garfield, State of Colorado, Grantee.
WITNESSETH, that tfte Grantors, for and irr consideration of the sum of Ten Dollars and other good and valuable
co6sideratiop the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT
CLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the Grantee, lris heirs, successors
and assigns,forever, all ihe right, title, irrterest, claim and demand which tlre Grantors have in and to the real
property together with irnprovenrents, if any, situate, lying and being in the County of Carfield and State of
Colorado, described as follows:
LOT 4, EVERGREEN
SUBDIVISION, according to
COMMERCIAL CENTER
the plat thereof recorded as
of the records of GarfieldReceptiou No.
County Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever,
oftheGrantors,eittrerinlaworequity,totheonlyproper use,benefitandbehoofoftheGranteehisheirsandassigns
forever.
lN WITNESS WHEREOF, The Grantors have executed this deed on the date set forth above.
Wayne Rudd
Susan J. Rudd
srATE OF COLORADO )
) ss.
couNTY oF GARFIELD) I
The foregoing instrument was acknowledge before me this day of
-,
1995 by Wayne
Rudd and Susan J. Rudd.
Witness my hand and official seal.
My commission expires
SEAL:
Notary Public
,
ASSIGNMET.IT OF ALI]OTMENT CONTRACT
BASALT WATER CONSERYANCY DISTRICT
EVER.GREEI.I COMMERCIAL CEI{TER SUBDMSION O\ryNERS ASSOCIATION
CONTRACT NO. 147
FOR VALUE RECEMD, WAYNE G. RIIDD ("Assignor"), hereby sells, assigns,
transfers, and sets over to the EVERGREEN COMMERCIAL CEI'{TER STIBDMSION
OWNERS ASSOCIATION, a Colorado non-profit corporation, ("Assignee") atl of
Assignor's right, title, and interest in and to that certain Water Attotment Contract with the
Basalt Water Conservancy District dated April 8, 1991, which Contract allots 5.5 acre feet of
water per year for use on ttrat real property described on Exhibit "A" atlached hereto and
incorporated herein by this reference.
This Assignment is conditioned upon the consent thereto by the Basalt Water
Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and
perform atl of the obligations of the Allottee under said Contract.
Dated this day of April, 1995.
Wayne G. Rudd, Assignor
EVERGREEN COMMERCIAL CENTER SUBDIVISION
OWNERS ASSOCIATION, Assignee
BY:
Manager
Assignee's Mailing Address:
0132 Pa,rk Avenue
Basalt, CO 8t62L
Telephone No. (970)
CONSENT TO ASSIGNMENT
The Basalt Water Conservancy District hereby consents to the foregoing Assignment
subject to the terms of and conditions of said Contract and the District's receipt of all charges
relited thereto. This Assignment is subject to the,additional condition(s) set forth on Exhibit
"B" attached hereto.
ftz
Dated this r 7" day of April, 1995.
By:
EXIIIBIT I'B'I
TO ASSIGNMENT OF BASALT WATER CONSERVANCY DISTRICT
CONTRACT
The Assignment to which this Exhibit is attached to and made a part of is approved and made subject
to the following condition(s):
1. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof
or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division
No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the
purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included
in a water rights ptan of augmentation to be filed by the District with the expenses thereof to be shared prorata
by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the
District's plan of augmentation shall be at the District's sole discretion. The District may establish an
augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation
to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District
plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such
plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's
prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the
District shall refund such excess to the Contract holder.
2. Any and all conditions imposed upon the release and diversion bf water allotted hereunder in any
water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5
shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does
not constitute the District's representation that the applicant wilt receive a well permit or water rights decree
for the land to be benefitted hereby.
3. If Applicant intends to divert water through a well or wells, Applicant shall provide the District
a copy of Applicant's valid well permit for each such well before the District is obligated to allot water for the
benefit of Applicant hereunder.
PITRCIiL At a'a.
a
1, T out:s
11,ing t.tc
Grirrtde h',riglr t:-oE.
. rt aL't:t crJ.9tIg tJlg l,Je!j [:e.rigtrL-of-t'r.t1' Iirlc of saicl raiLroacl to tlrc poine-"f -frugln"irgl-. "
TOGDTIIER rr'ith a 50 foot, conti.nuous right-of-t*a1' fr-om the Nortlrrr.est.' linc of'.Parca1 A t,o thc Sorrther.ll, rigltt-of-r.ra1, linc of'OId SLaLelliglrt,'aY llo. 82 said 50 foo{: righl-of:r*ay being clescribed as parccL:
n parccl of la,d ci.Luatccl in. LoL ,!r.rerrt1, (201 of 'scction7 $otttlt, lurtrgc Bg l{csE of gtrL Sir:rii frrL,r"ifiif -f.fericlian,
of tlrc l'.tol;tarly riglrU-of-rt,a), fi""-"f Utc Dcnycr atrcl Riollail.road (Aspen Dr;rnctr.l a'cl'.Sou[ficrf1, Ji i-iO-ioot roadsaid prlr'ccl of lancr is crescrib;rlt ;; lorlor.rs:
tlegintrir:g at a 1>oint on_ ttrc l,iestcrll, riglrg-of-r.ra1, lipe of salcl r.road wttctico atl irotr Po.';t v.'ith a rrioir-gip founcl i.n-;r;cclarra prolmarl:crl for ttre l{orttrcasL- cornoti or- saicl ioa ,0 bearsr N. zgooB ,l:L00g.97 fcat; thercc s. L4"29t 42;-E. L42.44 fecti Eherrce s. 59o4:l'' 124 '63 'fccLi tltettcc souttr e g. t;9 fcct; thcucc tfc:;t 265.15 fcet;tlreDcc N. 26o00 ' 00" r.r. 239. g3 i;;{r; tlrcrrcc rioiin zd1.oo fce{: to epoinL 50 fect sottttrcastcrly "r-trr" souttrc.rstcrly rigtrt-of-r.ray lir.of tlrc Gre,t*ood DiLch; ttreirce -rr---so o zz, zl,, E. lig , gi fecg aro,g sJino; thcrco N. 35o42'3g" E. gi.ar feet .arong said ri,ei tl:encc DIl?o23'00'q Ii' 13.55 fccL alottg sdict linc rro i'poipt op ttrc.souttrcr-Iinc of said 20 foog roacl riil,C-oi-urny; ttrc:rce ll. Z8ollr00,, E. 15f.ccL along said 1inc to a_pofnt ;; Lj:c^lfcstc:11, right_of_r*ay lir:esaid rairroad; thcnca s..Ii"2jt00;; E. 3B5.rB ficr: along tlre l,Iest:e:rigtrL-of-r'r.r1' rirc of saicl rair.roacr to urc poine of beginning.
at - a
-..PITDCEL B '. :: '...1*1 " '- - '-'-'
,'.i;...:.'iii,::t+,,.,.i;i :ii :, ; jr;'.. . ,- ' '
'- r'r. ,. j:' ; '
' A parccl of land situatcd in Lot 20 of sccllion l, Tounslrip T South, nonge" 89 ircst of tho Six{lr Principal i'eridian, lying t{orthuesterty of thaf co4,ainparcel of land containing 5-.o'l acres, mor-c or lcss .rnd Siouirioriy;f thc Soui.h-erly linc of Glcnrlocc Diichr'said paiccl of land-[s
-dcscribcd
as folous:.i.z t' , ..- ....".i ....i.;.r.;;- ;-.:'-"-..
Beginning at a-p,lnt. on itrotl,lorth:'restcrly
'i
inc-of saf a i.o4 acre parcoi whencctlrc llorllrcast corner'of said Lot 20 t;;;;i: l.l.5J. t3r5B,' E. 116.5.4g fcati thcncc,l{orllr 58"12 fcct.to.a poln't on the soutrrorry tinc of sat; ;;ffi;'1i;;:" N.58.22127n E' ll9'26 fcct aiong ltrc Sou{rrcrit-i inc of sald dil.ch; thenco N.j5.42r :
39f! E' 6l'22 fact along liio sou-thcrlry'irne of s:rid ditctr; ttrence N.zBf tf r0o'!E. 57.28 fcit; thcnco i.i'iizsroc'r u.'ia .i'i'tnrt; thencc s.J5, 42t3gu v, Bl.Bl{cct; thcncc s-iO'zztz7t r!. r2B.B7 fcet-ip ttrc poinf of beginnrng. ..
.
Continucd on lrdcled parlc z
-.a - aa.\ -
.. I
t
La
I.\
a
tr?'t'
-a
tao t
.
PILRCI'L I ' .^ ' '-a.
, o; lald Lci,g lO locf ln wl,ff ft sl'tua'lci In Lo1 20, ^of -. gssgffrrrr r, Tounr,trip 7 iorrflr, nanga 89 l{es't of ttrc -sixltr I'r'lnclpal
ri,rrrcilii^'iying Ensierri,-or inc ristorry rrslrt-c.rf -uay r rne of tho .
. . Gtcnrrn:,J oircii a,t,t Sorit,nity of-tirq tJ"iln"lly linc i:f sirid l'o1'20'
sula palcci of land ls dcsciibcd as follo:'ts:' ' I
' . .-r ' ' . '.": .;.,t'- ' '-t- 1:'1i^' ,' ^- '
Bcgl',t'g af a.l]:lnf.6n"tho No.tlrorty 'line of said Lof 20 trhcnco
on tr.on"[ost. viitr n tinrt .np founrt il o]ace enrl ,rfiffi,':l Till'tiu,'rr-for llrc i{or{ttc,rst Corncr of said Lot 20 being 'lftc
oasf cr::.:rer of to'r 16 i; ;;i,l-i".iion-20'bt:a,is: s'.87'06'00t' E' all '26
. fcct; l.lrcncc s.02. J2'00.' E. 70. t6 root; thcncrr !.17.00|oo|' E. 72.88
- ' fcct; 1i;;;;" S.t0'lntOO" E. 60.t3 f;;i; ltt"n"o S.tC'51 r00rr E' 59'87
fccl.; {.trcncc S.,,-4'at,iC" g. l04.30 ;;;i;-if,"n"o-S' t5'tOrOOrt E' 82'Ol
. . {ccl; f i,on"o S.00'lZtOrt" i. 62.07 {;;t; thencs:'p''':iot0o" l{' 5B'35
. {cct; ti;;;;; i.tz.23r[['r 1,1. 15,27 r""ti ttrcnce ..sr.7''ltroc., lr. 57'28'
.. 'fc:o.t; ti;;;;;; H.il'i.rtoo,r e. 3e,oil f;;i; iiio""o 11'oz'55'00't E' 50'63
' . .fcol; f i,.ii.u l{,00'l7r0i" fr. 5l ,95 f;;i; 'f itcrrcc l{' 15'r tOtOo,, tl' 00:07
l,,cl.; il,..,ncc t{.04.41r[f,' u.. t02.0z ;;;+;'iir"n"o..N. t ti'3lt00" l{. 53'79
. lco{.; triuii"" it. to,39r[[,, u. 60.7g f;;'ttience.N. t?'0oroo" l,' 79'94
foo.t; {trcnco ll.O?-'32rg[,r y. Bl .26 f;;+'to a poinf on
"tho
h'orl'lrelly
. llnc of saicl Lot 20; it,un.o S.B?'g6i[g" g"olong thc Nortttcrl1'llnc
oT sa I cl Lot 20 50,23 f cef , mcre or .lour, .ic. tlro-poi nf,'of beg i ttn i ng '
a
. PIIICEL D . '. . ' .-..i.. . ',;
.. a-' '. .
.. t . ..' a . a a t t ' '
'
. n ,trtp'of lind 5b ice+'ln-r,ldl'lr sltrra{ed ll' 1-9.t-36, Scctlon
L Tor.rrtslrip 7 Soutft, ll:rnge 89 t3cst of the S1xtli Principal. . ' "i,;ri;ffi'', boirq 2s lcct"in oacir sldc it:e.fol lo:riag dcscrihed .; - ' '
gcglnnlng a{'a polnt uliencc the Souttrcast Corner of saicl Lo'l' " ' '
J6 bcers: 5.87'h6t00" E. B66.fB fcei; ttrencc along said cenl'cr-
. . iino H.oi, l5toctt E. ztld.oc tcet, riolc or lcss 1o a po.int on . '
,att'
COUI{TY OT' GARFIELD . .
ST/rTJi 0Ir C0L0l1/lD0 , .
aaa
I
aa
a
.t
May 8, 1995
Rudd Construction
Attn: Roland Parker
0132 Park Avenue
Basali, CO
Re:
.$
Evergreen Commercial Cgnter
HCE File Number 91056.01
Dear Roland: ,* ' ,
This letter is to follow up on our recent conversations regarding the water system at the
Evergreen Commercial Cgnter. You have asked us to calculate some comparisons between the
existing system and a hypthetical system having a length of four inch "water main".
If a length of four inch 'water main' were included in the water system, the logical location
would be from the welVpressurc tank area to the center of the cul-de-sac. The enclosed
calculations show probahh ma:rimum demand in gallons per minute (gpm) for the longest
services. The pressure loss due tb these maximum flows was calculated for the existing syst€rn
and for a system with a length of 4" "water main" included. The results indicate a difference
in pressure of less than tXrree pounds per square inch. Remember that this is for the probable
maximum demand, average demand would have even less difference.
According to the Americarr Water Works Association (AWWA) publication M8, ' . . . 20 psi
residual pressure [in the,,fireet] has been more or less accepted by the water industry * th:
minimum acceptable pre$sure for furnishing domestic service to a residential customer. . . . A
pressure of 30 psi is i more designble minimum . . .u. The pressure control for the pump for
ihe Evergreen is set to start the pqpp at a pressure of 46 psi, and to shut the pump off at 66 psi.
Therefore, the minimumpressurc seen at the beginning of either service would be 43 psi. That
minimum pressure is considerabl$ above the 20 or 30 psi noted above. Even the worst case in
the development, which is at the md of the long servicsto the four-plex, would have a minimum
pressure of approximately 28 psi.
1.1
r"
923 Cooper Avenus . Glenwood Springs, CO 81601
Te{ephone: 303-945-8676 . FAX: 30&945.2555
Rudd Construction
May 8, 1995
Page 2
It should be noted that Section 9:55 of the Garfield County Subdivision Regulations could be
interpreted to read that if the watpr system is not expected to provide fire protection, that the
4" minimum main size does not &pply.
trf you have any questions or need additional information, please contact us.
Sincerely,
,
HIGH COUNTRY ENGINEERING, INC.
1,,'tAJTffiothy P. Beck, P.E.
Sincipal Engineer
TPB/soe
encl.
cc: Gerald Hartert, w/ encl.
I
robrile EETZ4?€EvJ Job No.
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923 Cooper Avenue . Glenwood Springs, CO 81601
Telephone: 303-945-8676 . FAX: 303-945-2555
923 Cooper Avenue . Glenwood Springs, CO 81601
Telephone: 303-945-8676 . FAX: 303-945-2555
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923 Cooper Avenue . Glenwood Springs, CO 81601
Telephone: 303-945-8676 . FAX: 303-945-2555
lr
I .'r=E-84-1995 15: 26 FR0t'1 RUDD CENSTRUCT I0N 92?9119
='LiDD COH$TRUCTTON' IHC'
Ol32 Parh Alqqqs'
e;frur,- co 81621
945??85 P.E1
.: )
ro
t{-tt -ff Er}rE #-4ro
UATE -*":-
suBrEcr--@5"F'
*Ezyt+*Jlrc-
SMI
tN frE Te -.
ffinrnYNEcEssaRY
,n//
4trnA / 1o$h4'V i4u"*/ffibA /ai ffi'tz'. /'"
t7r, 7L'z - ,y4 72"/ ftft 5
&"1/,
' .-,*F-84-1995 L5l.27 FREI4 RUDD C0NSTRUCTI0N
1f !r 9' a.JW
92?9119 T0 945??85 F.E2
TOTfiL P.A1
hIEIvIO
Aprii 4, 1995
TO: Rolafld ParIE(, Budd Conrtmction
FROM: Ti,,l Beck, IICE W
REI EVergreen Cornmcrcial 0eater
Platsiulr* uIId CouotY Commett*
HCs I'ilENumbec 91066'01
tlo$rar{ e$d r distrus*Ed the county,s arrd youf comflErrt$ this moruing, sd rve have the
follswiflE somm€nts'
ffi#ffi1H"?11HohHl,,ff
tilririH'Hfi ffisardins tre si'm orn* budins co'ild b€
The siee of bufldlng f'r' each Lot shall be limited bv the number otffi%ffi
availahle tsr the Brs,o'ail **. fi;ffi-*e*";;*d"d
-stralt b'based on '
Co*uty regulations, or on"
-parfri spT d'. *-t 200 'quarc
feet of
offlcdretailiuholesale gpof,et wniinwer it murc rsstistiw'
In addition, the s+- gf-trre luildinr t|rlu. trHif#i1mffiffit"#
gffiffi.1 if,::-ffi*'ffi -JHffi i.iili il ;u -h.rr fi il ffi
.*$F,
frow of rhe rsDs. rte flos fiil;il; flo* # ilIsDs she, rimir EE siz€ of rtrE
i*Po*A uees itr thc butlding'
ga3 Coopsr Avrnue ' Glernrrood--S.PIqE'-CJ 81601-- --i1-dhonsr gegaS*t't6 e FAXr 0ffi-94!iEEE5
TOTHL F.E2
FEE-15-1995 11: E8 FR0l4.
RUDD CONSTRUCTION,
0132 Eark Avtnue
rnsAtr, CO Bl62t
ftro3! g47-9rre
Fd-F6r) sall,ozt
RUDD CONSTRUCTICIN 9??91,79
__ -c.
l'l
945??85 P.At
,^* 1l{r{ rrME &*ffin
S
C/nffi
,WPEou 4!*-
bffi RfflY W RH'Lr rr,cEssARY
TOTHL P.El
' : -i--:--il---;-llrJ
FEE-15-1995 7L.A9
5) Crt'tical Data:
gtnreEure ID ll\mberr
gtructura l{asa r
$llater Court Case il\ruber(s) :
PE:=rj.t E-Ref,ar ttuther (E) :
CotlE6ffancY Distrist xll.rEber ;
Phyeical weII address! .
Carfl.old Cousty Partlel Nuuberr
Srrbdivietoa\P[ID Sane t
ltater coromfssionertiEle
-. dmw\, insFect . sbu\A 1152 - f -r . sbu
FROI4 RUDD CONSTRUCTION 92?9119 TE 945??85 P.E1
STATE OF COIJORADO
OE E ICE OE' TIIE STATE ENGINEER
trTVISIOI{ OF WATER RESOURCES
EENEFICTAT USE FIELD INSPECTION
!{EI,L PERMIT NO. 04111-2:-E:R
RECETPT NO.
1) Ha$ the ueII been put t.o beneficial use ae clairned?
2\ Is the well LocaEed where claimed?
3) ArF the fluuiber aild leqal rlescrlptioil uf Llte acles irrlgaLed accuraLe?
4) Ie a totall.zLnq flow meter installed on the welL?
'rt{ayne RUdd
EWCD
Alafi Martellaro
Joe Bergguist
B!{CD File
Subdivision\Puo Fire
Ieff--.str__cdnHtg
6) Comments:
To date thig well d,oes exist and haE been applj.ed to beaef*cLaI uea as claloed'
uinciiciel uee ceflEiet,ed of, eervicing a Ema1l modular unit and water for eonst-rtretion
;;i;. a 1*rg* Jrei burldlng Ls curlently under consEruction although Plumbi-ng has
insiarled so wat;;-has not bEen ueed in tte main commercial complex. This EXISTING
coflstrueted under Pefmit ITo' I\4I{-20318.
(Yes or No)
Yes
(Yes or No)
Tes; stx; crxuertEs
(Yes or No)
Yes
(YeE or No)
5604 (ED 38)
ldorr,srt*in Statee T & T Co. Ile1l
w-X299 (Conditlooal), 9tG?s043 (e'Lt- Dt. Basalt
Condutt)
t6E-20318, 41152-8, \rE-93104, 39160-F, L7529'E
Bt{trD Ceatraet No. 3.3.5,147
To date, FHrEteaL addsese h.Bs ilou beer asalgaed.
239s 014 00 oBt
EverEreeo' Comereial Cotgllax
Limited
purposes
noE beenwell was
ThiS well is to be OI)erated aS an S,lEernate 9oi11t of Diversion to the Basalt ConduiE with
iireas"= made from nutar Reseruoir. Totar Diversion shaII noE, exceed 5.5 AF annually
ieWen oro- 3-3-E-147) and total t:cln*rrmpt.ive use shaIl floL exdeed. 1.07 AF afltlually.
Upon Eield iflspectrion a Eotralizing flow meter reading was: 46,250 gaIlons.
The exlsting well appears ro be locatred wlttrirr 200 fecL crf LLc PsrrnitEed .lrld Decreed loeation'
r field irrspeered r,he sire of the rre11 permitted under the referelcld IFll.Egl*it number on
.T=nrrnnr ?7 ''l ggE and the above iE an accuraEe report ef my findings
-{t)/"rDaEc
5 /A11 _
Divis ion/DistricE
ec
TOTHL P.A1
Garfield County Planning
Attn: Mark Bean
1@ 8th Street
Glenwood Springs, CO 81601
Evergreen Commerrial Center, Final Plat Application
HCE Job No. 91056.01
Dear Mark:
This letter is to give you an update on the construction in place at the Evergreen Commercial
Center site, and the construction remaining to be completed.
'Water, electric, phone anO naturil gas services are in place to each lot. Individual sewage
disposal systerns are in place on lots one and three. The overhead powerline that cut rcross lot
four has hen relocated to the southerly property line. The pit run sub-base is in place for the
road, and most of the Class 6 base @urse for the road is also in place.
The main items remaining to be completed are the final base cour'se and grading for the culde-
sac, and the chip seal surface., Wr estimate that the cost to finish the road will be $4m0.
If you have any questions or need additional information, please contact us.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
,law
Pr[ncipal
Beck. P.E.
TPB/soe
cc: Wayne Rudd
923 Cooper Avenue . Glenwood Springs, CO 81601
Teleptrcne: 303.945€676 . FAX: 30$945.2555
March 4, 1995 EAFFIEI-D Cq'{TY
IAR tl 6 l99s
ffiiffif:4g GI'Ico/RFH/RFSB€
BrD TO Rudd-CoEtErgtlgl
0132 Perf rv€H
Eflsart^ CO ,8rref
Afltl: Roland Petlnrr
GMCO
Iirtaed LirtiW Catryry of hl*atu
P.O. Eox l22O
ftttondelr,CO. SlGAg
(309) 98il.tll0 FAX (too) g03'l9rl
?ROFOSAL
IFtr Januarv.I6- 1995 .
rFcrtld
Uanuanr 16-. r9o5 .
Etd 'lrt' 'Dd ttD
P.1
pROirEeI Afpry r 9/rr ch{P s.tl -
BehinA,Go-I.ton.r ,
-
se Broposc to firrntsh all labor, toolg, Dat€rlall, and transPortation to coplcte the
iiril"i"g-p"*iJ"s of nork on the abovl nened prolect: aDDlv. a 3'rr c'hlE 3ee1 to
the gencrel of eaidworr a!, Plr PragrP clsu clEbr5-vE$-s'E, -r'"-----z ---- ' thamt6_speciflcation, ead addeDdrn Dutrbert ;;;;;il'pggrrrsacttJtt, t*uv asssEs at. this proposalas ptcpared bll , x-4. , rr*{raril.iil::-;; Ii. iollotrins:
Apply a ?11'chlP Scrl-l22o sy. 0 $2.50/sY t3050.00
AII for the stn of (E3919.99-)
includlng 3lI apPlicablq texes and
tiEf w slm$o
tl11.
rtre rrrdatrtgrrrrl .gE!.! to hold tttg aDovr 9!1c. o-r pllcrs r9!'1 lIrod og 15 dry! frl bid drt., Irc, if thG
er(frsrl-ia aiacPtli, to grt.r lrto r cmtsrct rttt -tnr *reE ot oootlrstcE.
$rir ror1. tf accrpt d, rtl,r proe..d ,-c.r tn"-afr".ti-, of tha caaltnrctloa Sr.Enrlntmdant ot ctlltr mtd Crlinitc
rUifntng os'lnotrlllilo'{rtcc rlff lr astrngrd rt?n DIE'
rc herex,y rccrpt tu' rmvt Dro?ocrl. roEt p.rtcncd fitlhg oDl mrtlr lhrll ba prld.for.r'v ur' lottt dey of the
rouorrns EDEn, .En $;r';J#iiiir-u. i.f-;lql-tl9l-l!:".:3;l*y :l*i1*5l:**ffi"51ly':F*il!.nfi*-liiliiliffii -.il'rLffiiil'iiil'ii;6.";; r"d,ifi[] ;tnmi, 'g'r... cuuirrtrts
L- Ol ,lr. Eo. ot lolcon Elgrrd EY
h?1il- . "