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HomeMy WebLinkAbout1.0 Application•• RECEIVED NOV 2 7 AC Sketch flan Plan Preliminary Final Plat X SUBDIVISION APPLICATION FORM •• SUBDIVISIONN NAI4E: L -o OWNER: Gaye Leo ENGINEER/PLANNER/SURVEYOR: Chr Maner./Sexton Surve Com an 6 Range LOCATION: Section Well WATER SOURCE: (Septic) SEWAGE DISPOSAL METSIOU: Individual Disposal Systems PUBLIC ACCESS VIA: 321 Rd. and 320 Rd. 20 Township 93 West EXISTING ZONING: Aari cul__ turul EASEMENTS: Utility Holy n-. Ditch Beavercreek TOTAL DEVELOPMENT AREA: (1) Residential Single Famiy Duplex Multi -family Mobile Home (2) Commercial (3) Industrial (4) Public/Quasi-Public (5) Open Space/Common Area TOTAL: PARKING SPACES: Residential Commercial Industrial /residential Number 3 Acres 51 Floor Area Acres sq.Et. sq.ft. Off Street/each home • • Todays date: 05/04/01 Processed by: Garfield County Planning Department PC agenda item request Project Name: Leo Subdivision Type of application: Final Plat Site location: 2102 CR 321, Southwest of the City of Rifle Applicant: Ms. Gaye Leo Meeting Date & Time: Monday, May 14, 2001 Estimated Duration: 15 minutes Section/Township/Range: S 20, T 6 S, R 93 W Staff Planner: Kit Lyon Was this item advertised? No Public Meeting Please place this notice on wall calendar outside Randy's office. Thanks! Memo To: Board of County Commissioners From: Planning Staff CC: Gaye Leo Date: 05/09/01 Re: Leo Final Plat Garfield County Building and Planning Department OkoLv L2J2- P 4- LT zcz,e-dzL —LQ L1�N 1 I The Leo Final Plat was submitted to this office on November 27, 2000. The application has been reviewed by the County Attorney, County Engineer, and Planning Staff and was deemed complete on May 4, 2001. This item has not been placed on the consent agenda due to an issue that came to light during the final plat review process. The applicant represented during the preliminary plan process that natural gas would be provided by Public Service and that service would be available to the parcels. The preliminary plan staff report specifically stated that it, "... shall be the developer's responsibility, as is customary, to extend utilities to the lot lines of the newly created lots in cases where the utilities are not located along CR 320." The preliminary plan resolution of approval states, "The improvements required by the Subdivision Regulations shall be the cost responsibility of the subdivider." Staff understood that the developer would extend natural gas service from CR321 to the newly created lots. The developer maintains that natural gas is not typical on CR 320, that all the houses are on propane fuel, and that natural gas is available in CR321 at the individual lot purchaser's expense. If this is consistent with the Board's approval, staff recommends the Leo Final Plat receive final signatures. If this is inconsistent with the Board's approval, staff recommends the Leo Final Plat documents be amended accordingly prior to final signatures. • Page 1 onoss e • • 3799 HIGHWAY 82 . PO. DRAWER 2150 GL[NWOOD SPRINGS, COLORADO 81602 (970) 945-5491- FAX (970) 945-4031 November 27, 2000 Ms. Gaye Leo 2102 County Road 321 Rifle, CO 81652-8603 RE: The Leo Subdivision Dear Gaye: The above mentioned development is within the certificated service area of Holy Cross Energy, Holy Cross Energy has adequate resources to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY U ZZ - Buzz Quaco, Staking Engineer BQ:vw Location: 10-20 04/27/2001 14:21 9706257930 • April 27, 2001 RIFLE MIDDLE SCHOOL PAGE 02 Kit Lyon Senior Planner Garfield County Department of Planning and Zoning 109 8th Street Glenwood Spring, Colorado 81601 Dear Kit, • As you know, I have been working for well over a year on the process of doing a very limited subdivision on County Road 321. I am feeling very frustrated by the long time frame that has transpired, not to mention the excessive costs of this undertaking. Please help me get this process completed in a short term from the receipt of this letter, As per your letter of April 17, 2001, the following revisions have been completed: 1. The Plat has been changed and resubmitted with the prescribed changes. 2.. The Road, Water, and Utility Plan is changed and we request a that you review the comments made at the Preliminary Hearing before the Commissioners; no natural gas is typical on Road 320 -all houses are on propane fuel, therefore, the issue was already discussed with the Commissioners. Please verify that no further clarification is needed. 3. The Covenants are revised and submitted for your approval. 4. I will provide SIA original letter of credit on the day of final approval. Can we conclude this matter soon? What date are we to appear before the Board of Commissioners. We are ready and have met all stipulations. ThJpk You, Gaye Leo 111.111. COLORADO ��� RIVER ENGINEERING, INC. RECEIVED JUL 0 9 2001 P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 July 6, 2001 Ms. Kit Lyon, Senior Planner Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 RE: Leo Subdivision — Subdivision Improvements Dear Kit: The water system and road improvements for the Leo Subdivision have been completed. The construction activities were completed in accordance with the standard engineering design considerations associated with this project. I am available to inspect the project with the planning or engineering department at your convenience. CM:cm CC: Lyon5.doc Please call if you have any questions. Gaye Leo Sincerely, Christ pher Manera, P.E. 1 • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON April 24, 2001 VIA HAND DELIVERY Kit Lyon Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 i RECEIVED APR 2 4 2001 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE email for Mark Hamilton mham@sopris.net Re: Leo Subdivision Dear Kit: Per the request of Gaye Leo, enclosed for your use is a revised Declaration of Covenants for the Leo Subdivision. Please call me if you have any questions. Very truly yours, CAL MEH:dw enclosure cc: Gaye Leo, w/enc. LEO-Lyon-Ltr-3 IA & UPT, P.C. rk E. amilton `Num COLORADO RIVER ENGINEERING, INC. RECEIVED DEC 2 6 21117 P.O.;d 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 December 13, 2000 Ms. Kit Lyon, Senior Planner Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 RE: Leo Subdivision — Final Plat Improvements Dear Kit: Enclosed for your review is the drawing entitled "Leo Subdivision — Road, Water, Utilities: Revision 2". This sheet provides details for the proposed improvements as part of the Final Plat submittal. We have prepared a brief description of the improvements. Road The shared access road entrance for the two new proposed lots has been designed greater that the 12' minimum requirement in order to improve emergency vehicle access. An asphalt pavement apron is proposed at the contact between the access road and County Road 320. This was provided at the request of the Road & Bridge Department to minimize maintenance impacts. A gravel surface cul-de-sac will provide turn around clearance for emergency vehicle access. We have previously explored providing turn around access at each home site but found that we could not design the location of each driveway without knowledge of the future home site location. Drainage We have reduced the culvert diameter requireme fro 18 -inches to 15 -inches for t road entrance for the two new lots along CRD 320. Inspe .on of existing culverts alo 320 indicates that 15 -inch diameter culverts are used at driveway entran . c e are hydrology and hydraulic calculations demonstrating that a 15 -inch culvert will have the capacity to pass the runoff from a 25 -year storm event. The culvert will be extended 3 -feet past the driving surface as required by the county. Electric & Phone The design drawings show the location of electric and telephone services along CRD 320. Each utility provider will construct the services to the subdivision as shown. Water We have provided design details for the extension of the water main to the two new proposed lots. The main includes isolation valves and blowoff/hydrant valves to offer air relief and flushing capability. It was determined that no looping of the water main was warranted due to the lot configuration and minimal hydraulic capacity requirements associated with the service to two lots. We are available to answer any questions concerning the proposed improvements, please call if you have any questions. CM:cm CC: Gaye Leo Enci: Lyon2.doc Sincerely, Christopher Manera, P.E. 2 G©L DRAL O NiutoNi.RIVER ENGINEERING P.O. Box 1301 Tel 970-625-4933 Fax 970-625-4564 Rifle, CO 81650 Date /01- /2-00 Job No. 5 O Job Name Leo, Description brcn lf8aa e - C_ulWr+ (r 5> Page4 of/ J J 011311001 16:42 9706257930 RIFLE MIDDLE SCHOOL 97C 625 296 SEDT 6Y: ; RIFLE FIRE PROTE Jenuiary 30.2001 FAX 6254930 Gaye Leo 2102 County Rued 321 Rick, CO 81650 RE: Property on 320 Road Dear Ms. ice: The Rifle Fire Protection Distriot des apt chew any relative to fire protection. SIncereiy, Connie Guertt r1 Adrrtinirstr ativc Moisten' JAN -20-01 16:26; ION DISTRICT PAGE 01 FAGS' 1 / 1 of impact fee for review of plans Telephone (970) 525-12.43 • x (97O) 625-2963 1860 Railroad Avenue • P.{ . Box 11 • Rifle, CcIDra#3 8165C] CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON January 5, 2001 VIA HAND DELIVERY Kit Lyon Garfield County Building & Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Gaye Leo Subdivision Dear Kit: RECEIVED JAN 0 5 2011 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE email for Mark Hamilton: mham@sopris.net As you know, this law firm is assisting Gaye Leo with regard to the proposed Leo Subdivision near Rifle. Attached to this letter are copies of: (1) Well Permit No. 22943; (2) a letter from the Assistant State Engineer that includes a favorable opinion as to the legal and physical adequacy of the proposed water supply; (3) a letter from Chris Manera to Kit Lyon dated January 5, 2001 regarding the ISDS management plan; (4) revised restrictive covenants (that include reference to the ISDS management plan); (5) a subdivision improvements agreement, with attached letter of credit from Vectra Bank and construction cost estimate from Colorado River Engineering; and (6) a copy of the Uniform Unincorporated Nonprofit Association Act. This letter is also intended to address several remaining issues, including the legality of the proposed water supply, the management plan for septic systems, and the formation of a homeowners' association. 1. Legality of water supply --Section 5:31.G of the Subdivision Regulations. Ms. Leo's property is served by a water well under permit number 221943, a copy of which is attached to this letter. The well permit allows for water to be used for ordinary household purposes inside three single-family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. The permit also requires the use of ISDS that return water to the same stream from which it is appropriated. LEO-Lyon-Ltr-2 Kit Lyon January 5, 2001 Page 2 Therefore, it is the opinion of this law firm that Gaye Leo has a legal water supply for her proposed three -lot subdivision. The Colorado State Engineer has reviewed Ms. Leo's proposed subdivision application and has issued a favorable opinion as to the legality of the proposed water supply. A copy of a letter dated April 4, 2000 from Ken Knox, Assistant State Engineer, to Mark Bean is attached to this letter. Such correspondence indicates that, in Mr. Knox' opinion, "the proposed water supply will not cause injury to decreed water rights, and based on a sustained yield at the above reported rate [8 g.p.m.], and with appropriate storage capacity, the use of the proposed well should be adequate for a potable water supply." 2. ISDS management plan—Section 5:31.1 of Subdivision Regulations. A proposed management plan for ISDS systems within the Leo Subdivision has been prepared by Colorado River Engineering, a copy of which is attached to this letter. The plan requires regular inspection and pumping of septic systems on the property. The Restrictive Covenants that Ms. Leo proposes to record (also attached hereto) provide that, although individual lot owners will have responsibility for operation and maintenance of ISDS systems within the subdivision, the property owners association will have authority to implement the management plan if any individual lot owner(s) fail to do so. The schedule for inspection and maintenance of septic systems is reproduced verbatim in the Covenants (Section 19). 3. Formation of unincorporated nonprofit homeowners association. The Restrictive Covenants that Ms. Leo is proposing to record (copy attached) govern operation and use of thaloidA well, irrigation water, septic systems, and shared access. It is proposed that a non-profit unincorporated property owners' association will be established by the Covenants that will be empowered to enforce the Covenants. This Association will exist pursuant to the Uniform Unincorporated Nonprofit Association Act (the Act), Colo. Rev. Stat. Sections 7-30-101 to 119, inclusive (a copy of which is also attached). Please note that the Act does not require specific incorporation documents. Therefore, in the opinion of this office, the Covenants are sufficient evidence of the creation of a homeowners association for the Leo Subdivision. Feel free to contact me if you have any questions. I understand that responses to the other requirements set forth in your December 13 letter to Gaye Leo have been forwarded to you separately. We hope that this is the final step in your review process. LEO-Lyon-ltr-2 Kit Lyon January 5, 2001 Page 3 Please let me know if you have any other concerns. Very truly yours, CALOI & H UPT, P.C. Mar E. Hamilton MEH : nll enclosure cc: Gaye Leo, w/out enc. Chris Manera, w/out enc. LEO-Lyon-ltr-2 Fprm No. CWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg„ 1313 Sherman St., Denver, Colorado 80203 (303i 866-3b81 GAYE LEO P.O. BOX 986 SILT, CO 81652 (970)876-5850 hm (970)625-7913 wk PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 921943 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 20 Twp 6 S Rng 93 W 6th P.M. DISTANCES FROM SECTION LINES 1400 Ft. from SOUTH Section Line 4500 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shell be in compliance with the Water Well Construction Rules. 2 CCR 402-2, unless approval of a variance has been granted by tha State Board of Examiners of Water bVell Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ± 51 ,0 acres described as that portion of the NW 1/.., SW %, Sec. 20, Twp. 6 South, Rng. 93 West, 6th P.M. Garfield County. Reference attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household pur=)oses inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens aid lawns and the watering of domestic animals. 5) Tho maximum pumping rate shall not exceed 16 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2177-203-00-431 Assessor Tax Schedule Number: 247326 - O!�/17-'726'v� APPROVED DMW State Eng1n9er Receipt No. 170' d Z00.0N ZO: S DATE ISSUED JAN 12 2000 EXPIRATION DATE JAN 12 GO 66 ZO d3S S99S-Sb6-202:131 S AIQ KM -0]S STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://\vater.state.co.us/defau1t.htm April 4, 2000 J I J\ 1 (:LI. Mark Bean Garfield County Building and Planning Department 109 8' Street, Suite 301 Glenwood Springs, CO 81601 Re: Leo Subdivision W %2, SW 1/4, Sec. 20, T 6 S, R 93 W, 6th P.M. Water Division 5, Water District 45 Dear Mr. Bean: Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer We have reviewed the above referenced proposal to subdivide approximately 51 acres into three residential lots of 5, 10, and 36 acres. Each lot is proposed to have one single-family dwelling. The water supply for the three lots is to be provided by a shared well. An estimate of water use for the three lots was not provided in the submittal materials. Well permit no. 221943 was issued on January 12, 2000 pursuant to CRS 37-92-602(3)(b)(II)(A) which provides a rebuttable presumption that there will not be material injury to the vested water rights of others or to any other existing wells. Permit no. 221943 was issued as the only well on a tract of land of approximately 51 acres and limits the pumping rate of the well to 15 gallons per minute. The use of water from the well is limited to ordinary household purposes inside three single-family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. The permit also requires the return flow from the use of the well must be through individual waste water disposal systems of the non -evaporative type where the water is returned to the same stream system in which the well is located. The well construction report for this well was submitted on March 13, 2000 and indicates the well was constructed to a depth of 130 feet on February 4, 2000. In a two-hour pump test, the well is reported to have produced 8 gallons per minute. The drawdown and recovery of the well during the pump test was not reported. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will not cause injury to decreed water rights, and based on a sustained yield at the above reported rate, and with appropriate storage capacity, the use of the proposed well should be adequate for a potable water supply. If you or the applicant has any questions concerning this matter, please contact Jeff Deatherage of this office for assistance Sincerely, Kenneth W. Knox Assistant State Engineer KW K/J D/t_eo.doc cc: Oriyn Bell, Division Engineer Bob Klenda, Water Commissioner, District 45 01/05/2001 12:55 6254933 COLORADO NituipRIVER ENGINEERING, INC. COLORDO RIV. ENG. PAGE 02 P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 January 5, 2001 Ms. Kit Lyon, Senior Planner Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 RE: Leo Subdivision - Management Plan for the Maintenance and Operation of Sewage Disposal for the proposed Leo Subdivision Dear Kit: We have prepared this letter to summarize the proposed Management Plan for the Maintenance and Operation of Sewage Disposal for the proposed Leo Subdivision. The proposed sewage treatment for each lot of the three -lot subdivision will be Individual Sewage Disposal Systems (ISDS) using septic tank and leach fields. The use of ISDS can provide an effective means of wastewater treatment in areas of low- density development. Proper maintenance of the septic and leach field facility is the key component in assuring long-term, effective operation. Septic Tank pumping and inspection monitoring is proposed as part of the plan and will be directed by the Homeowners Association to assure proper operation. The inspection and pumping should be performed by a ISDS contractor. Septic tank purnpin>? schedule: Septic Tank Pumping Frequency iia Years Tank Size Household size (number of people) (gals) 1 2 3 4 5 6 500 5.8 2.6 1.5 1.0 0.7 0.4 750 9.1 4.2 2.6 1.8 1.3 1.0 900 11.0 5.2 3.3 2.3 1.7 1.3 1000 12.4 5.9 3.7 2.6 2.0 1.5 1250 15.6 7.5 4.8 3.4 2.6 2.0 1500 18.9 9.1 5.9 4.2 3.3 - 2.6 1750 22.1 10.7 6.9 5 3.9 3.1 2000 25.4 12.4 8.0 5.9 4.5 3.7 ISDS inspection schedule: 1 -year The maintenance plan is identified in the subdivision covenants. Please call if you have any questions. 01,/05/2001 12:55 6254933 CM:cm CC: Lyon3.doc Gaye Leo Mark Hamilton COLORDO RIV. ENG. PAGE 03 Sincerely, Christop'her Manera, P.E. 2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEO SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE AGREEMENT THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEO SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE AGREEMENT (hereinafter the "Declaration") is made this day of 2000, by Gaye Leo (hereinafter collectively referred to as "Declarant") owner of the property described below, which property is located in Garfield County, Colorado: WITNES SETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described as the property in the West 1/2 of the Southwest 1/4 of Section 20 that is located northerly of the northwesterly boundary line of the right of way for County Road 320 in, Township 6 South, Range 93 West of the 6th P.M. (hereinafter referred to as the "Property"); and WHEREAS, a well known as "Leo Well " is located upon the Property at a point approximately 1400 feet from the South Section Line and 4500 feet from the East Section Line of said Section 20; and WHEREAS, Declarant is the sole owner of the Leo Well; and WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number 221943 for the Leo Well, which permit allows use of water from the well for fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of homes, gardens and lawns, and the watering of domestic animals; and WHEREAS, Declarant owns 0.52 c.f.s. of water decreed to the Taugenbaugh Ditch (the "Irrigation Water Rights") which has been used to irrigate the property and Declarant wishes to ensure that the three (3) lots each have access to a portion of the Irrigation Water Rights in the mariner set forth below; and WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as Lots 1, 2 and 3—the Leo Well is on Lot 1), using the Leo Well as the source of potable water for domestic use on such lots and that all three lots will share some Irrigation Water Rights, in the proportions and amounts set forth below; NOW, THEREFORE, Declarant hereby declares that the Well, Irrigation Water Rights and the Property shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Well, the Irrigation Water Rights and the Property and be binding upon all parties having any right, title or interest in the Well, the Irrigation Water Rights and the Leo Subdivision Declaration of Covenants Page 2 Property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Potable Water Supply. The potable water supply for each of the three lots within the Property shall be the Well (Leo Well ), as operated pursuant to Well Permit No. 221943 issued by the Colorado Division of Water Resources. All lot owners shall be jointly responsible for meeting all obligations set forth in the Well Permit. 2. Water System Easements. All owners of lots within the Property shall have an easement to access the Leo Well and all pumphouses, storage tanks, pipelines, and other workings associated with the delivery of potable water to each lot (collectively referred to as the "Potable Water System") located anywhere within the Property, for reasonable operation and maintenance purposes. Such easement includes a right to free and unrestricted access for such purposes and shall be twenty (20) feet in width surrounding all parts of the Potable Water System. In the event that any gates, well houses, or other parts of the Potable Water System are locked for security purposes, all lot owners shall immediately be provided with a key and shall not otherwise be restricted from accessing the Potable Water System. The reciprocal easements granted herein shall be for the benefit of all lots within the Property. The location of all parts of the Potable Water System shall be determined by cooperation of all lot owners and in a manner which interferes the least with existing structures including but not limited to houses, outbuildings, and roads. 3. Ownership of the Leo Well. The Leo Subdivision Property Owners Association (described below) shall own and operate the Leo Well, the Well Permit, pump(s), and any appurtenant parts of the Potable Water System used in common by all lots. No interest in the Leo Well and Water System may not be transferred apart from the lots within the subdivision. The Property Owners Association and all members thereof (the lot owners) shall be mutually responsible for the Well and to operate, maintain, repair, replace and improve the Leo Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in the name of the Property Owners Association. The owner of the lot upon which the Leo Well is located or the Manager of the Property Owners Association shall be designated as the lot owner to receive all mail and documentation relating to the Leo Well and Water System. Copies of all such mail and documentation shall be promptly provided to other lot owners, or made available for review at the convenience of other lot owners. 4. Uses of the Leo Well; water treatment obligations. The well shall not be used for outdoor irrigation purposes, including lawn and garden irrigation, by any lot owner at any time. Use of water for domestic animals is allowable however such use shall be accomplished in a conservationist manner (e.g. water shall not be allowed to run continuously). If any stock tanks or watering troughs are used, such troughs shall be filled no more than one (1) time per day and shall be heated if used in the wintertime. During the irrigation season, and when water is available in priority, all lot owners shall use the Irrigation Water Rights for livestock watering purposes. However, the Leo Well may be used for supplemental watering of domestic animals, when ditch water is not available. Each lot owner shall install a flow-restrictor valve on their water supply line from the Leo Well to ensure that the maximum draw is not more than two (2) LEO -Declaration of Covenants 2 Leo Subdivision Declaration of Covenants Page 3 gallons per minute. The restrictor should be placed on the line running into each lot owner's storage tank (described below in Paragraph 7). Lot owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each lot owner's risk. Any treatment shall be at the option of each individual lot owner. If the Property Owners Association should elect to construct any joint treatment facility, the costs of such facility and operation and maintenance thereof shall be assessed as common expenses of the lot owners by the Property Owners Association in the same manner as other common expenses described in this Declaration. 5. Emergency Repair of Water System. In the event that the lot owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potable or irrigation water service, any of the lot owners shall be entitled to undertake any maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any lot owner(s) decide to undertake any such work absent the consent of any other lot owner(s), he or she shall notify the other lot owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written statement of the work performed and an allocation of each lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each lot owner will attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the three lot owners in the manner set forth below in Paragraphs 9 and 10 for payment of joint expenses associated with the Potable Water System and the Irrigation Water Rights associated with the Property. 6. In-house uses preferred; no waste. In-house use of water from the Leo Well shall take precedence over use of water for domestic animals. In the event of a shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No lot owner shall be entitled to waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Leo Well. 7. Storage. At the time that a residence is constructed by each lot owner, the owner(s) of such shall install a water storage tank not less than 500 gallons in size at such lot owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners' expense where it can intercept all water for the lot from the well and be plumbed into the residence to ensure that there is an adequate supply of water for the residence in the event that the instantaneous pumping rate of the well is inadequate to meet demand. Each lot owner shall also install a booster pump from each storage tank to help meet peak water demands. 8. No Other Wells. No other exempt wells may be drilled upon any lot within the Property unless the drilling of any such well does not jeopardize the status of the Well Permit for the Well which is exempt from administration under the prior appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3)(b)(II)(A). No other wells may be drilled within the property absent the unanimous written consent of all lot owner(s) and a valid well permit issued by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use of the Leo Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such LEO -Declaration of Covenants 3 Leo Subdivision Declaration of Covenants Page 4 discontinuing lot owner(s) interest in the Leo Well shall revert to the owner of Lot 1, upon which the Leo Well is located. 9. Operation and Maintenance Expenses. The owner(s) of each lot shall be entitled to use an undivided one-third (1/3) of the water produced by the Leo Well. The withdrawal of water from the Leo Well shall be for domestic and limited domestic watering of animals as permitted by the State of Colorado. The owner(s) of each lot served by the Leo Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the Leo Well, pump(s) and appurtenant facilities, and the costs of common water lines or other common water facilities. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each year. If any lot is not hooked onto the Leo Well, the owner(s) of such lot shall not be obligated to contribute toward operation and maintenance expenses. If any lot is hooked on but has not yet commenced service, no electricity costs shall be assessed against the owner(s) of such lot. In addition, the owner(s) of each individual lot shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that lot, including individual service lines and any dividual storage tanks. ,Otherwise, the lot owners shall coo erate to o rate and maintain the Potable Water System and to pay any ass costs for maintenance, operation, repair, r�e—lp acement, or improvement o c • - mon facilities. Non -e - . . ...: - . fel-placement or improvement of any part of the Water S stem s t .• i • - • - • ■u ed after corse—nt�o 'all lot owners T.he Declaran wi es a. ish the Leo Subdivision Property Owners A),/ Association (the "Association") pursuant to the Uniform Unincorporated Nonprofit Association, SAct, Colo. Rev. Stat. Sections 7-30-101 to 119. Each lot owner shall be a member of said -5P00Association and such Association shall be empowered to enforce all terms and conditions set forth in this Declaration. The Association shall meet once each year in June to appoint one owner as the manager of the Association. The owner(s) of each lot shall contribute $100 per lot (total of $300.00 each year) into an account to be held by the manager of the Association. These contribute all be used first to pay monthly electrical expenses associated with operation of the we . Any surplus funds each year shall be held over in the account and designated for in the e +ent that the pump needs repair or replacement. If these funds are fully used in any 1 given year, the owner(s) of each lot shall make additional proportional contributions (1/3, 1/3, �9- Av 1/3) as may be necessary to cover expenses for that year. All lot owners shall be entitled to an accounting of use of community funds upon reasonable request to the manager, who shall keep records of contributions and expenses for operation and maintenance of the Potable Water System. 10. Irrigation Water Rights. At the current time the Declarant believes that she owns 0.52 c.f.s. of the Taugenbaugh Ditch (water rights for which were decreed in Civil Action Nos. 89, 934, 955 (Garfield County District Court) and in Case No. W-2180 (District Court in and for Water Division No. 5). These water rights divert from Beaver Creek. No title opinion has been rendered confirming this amount, and Declarant makes no representations or warranties that she owns any certain amount of this water or any certain priority. Declarant intends that Lot 1 shall retain ownership and use of ninety percent (90%) of the irrigation water associated with the property (90% of 0.52 c.f.s. is .468 c.f.s.). The owners of Lot Nos. 2 and 3 shall each have the LEO -Declaration of Covenants 4 Leo Subdivision Declaration of Covenants Page 5 right to five percent (5%) of the Irrigation Water Rights owned by Declarant (5% of 0.52 c.f.s. is 0.026 c.f.s.). Up to 3000 square feet of lawns and gardens on Lot 2 and another 3,000 square feet of lawns and gardens on Lot 3 may be irrigated with these interests. These Irrigation Water Rights shall not be conveyed in and apart from the land, and any lot sale must include the irrigation water associated with such lot. When irrigation water is available, the owner(s) of Lots 2 and 3 may combine their respective shares and irrigate together in order to promote efficient use of the water that is available. The owner(s) of each lot shall be responsible for a pro rata share of all expenses associated with the Irrigation Water Rights as those expenses may be incurred for the operation maintenance and repair of the main ditch and its workings or that may be incurred for that portion of the ditch or the laterals which serve these three (3) lots. Said expenses shall be levied and collected from each lot owner by the Leo Subdivision Property Owners Association. No owner shall be liable for expenses for any portion of the ditch or lateral that it does not benefit from. The division of expenses shall be as follows: Lot 1-90%; Lot 2- 5%; Lot 3-5%. The lot owners shall not expand the historical use of the Taugenbaugh Ditch without a legal right to do so. 11. Easement for Irrigation Ditch (Pipeline). Irrigation water is delivered to all three lots via a buried lateral pipeline along the southern edge of the lots. All owners of lots within the Property shall have an easement to the Tagenbaugh Ditch itself and this lateral pipeline (a/k/a the ditch), including headgates, measuring devises, and other workings on the main pipeline along the southern edge of the Property (collectively referred to as the "Irrigation System"), for reasonable operation and maintenance and repair purposes. Such easement includes a right to free and unrestricted access for such purposes and shall be twenty (20) feet in width extending twenty (20) feet north of the southern edge of the three (3) lots within the Property. In the event that any parts of the Irrigation System are locked for security purposes, all lot owners shall immediately be provided with a key and shall not otherwise be restricted from accessing the Irrigation System. The reciprocal easements granted herein shall be for the benefit of all lots within the Property. The location of all parts of the Irrigation System shall be determined by cooperation of all lot owners and in a manner which allows for the gravity flow of water to all of the lots. Structures including but not limited to houses, outbuildings, and driveways shall be placed in a location on each lot that does not interfere with the use of the ditch and accounts for any drainage patterns that may exist. Although each lot may receive water from the main distribution pipeline viaseparate lateral pipelines which extend onto each lot, the easements and maintenance obligations provided for in this paragraph and in the following Paragraph 11 shall not extend to the separate lateral pipelines which extend onto each lot, which lines shall remain under the sole control and responsibility of the owner(s) of each lot served by each such separate lateral line. 12. Collection of Joint Expenses. As set forth above, a homeowners association to be known as the Leo Subdivision Property Owners Association shall be established by the Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev. Stat. Sections 7-30-101 50 119. This Property Owners Association shall levy and collect from each lot owner his or her share of common expenses for the Leo Well, electricity, irrigation ditch maintenance and repair expenses, or other common expenses within fifteen (15) days from the time at which a written statement of expenses is presented for payment by the manager of the LEO -Declaration of Covenants 5 Leo Subdivision Declaration of Covenants Page 6 Property Owners Association or the owner(s) of any other lot. In the event that the owner(s) of any lot fails to pay his or her share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid amount shall accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days after presentment. In the event that any lot owner fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant lot owner by certified mail sent no less than thirty (30) days prior to termination of service to the last known address of the delinquent owner. Any lot owner(s) that have paid the delinquent owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and costs incurred by the owner(s) of any lot(s) or the Property Owners Association in the process of collecting any amount due from any other lot owner(s) pursuant to the terms of this Declaration shall be paid by the delinquent lot owner(s). 13. Prohibition of Manufactured Housing or Mobile homes; Construction Timeframe for New Homes. Manufactured housing and/or mobile homes are prohibited on any part of any lot within the Property, except that temporary housing or office space may be used during the period of construction of a permanent residence on such lot, which construction period shall not exceed two (2) years from the date of purchase of the lot. 14. Maintenance. Each lot owner shall keep his or her lot clear and free of trah, junk, litter and debris, and shall keep the improvements thereon in good repair. S1 e 0°V � Shared Driveway. As shown on plat m. o e subdivision contemplated wherein, Lots 2 and 3 will be served by a sin: point of access from County Road 320 meeting the primitive residential standards calle. 'or in Section 9:00 of the Garfield County Subdivision egulations. Such point of access lie 1/2 on Lot 2 and %2 on Lot 3. An eighteen -inch (18") ameter culvert shall be installed at the newly created point of access on County Road 320. A reciprocal easement shall exist for shared portions of the driveway access and the owner(s) of Lots 2 and 3 shall communicate with each other and cooerste with regard to decision-making regarding inso ar as • 3peration, maintenance, repair an reacement of shared portions of the driveway, an. shall each contribute fifty percent (50%) of associated expenses. The access from the County Road shall be constructed in a manner which complies with all applicable Garfield County standards, including but not limited to Section 9:00 of the Subdivision Regulations which also requires thirty-foot wide accesses with a single lane at least twelve (12) feet in width with a native surface, and a "hammerhead" turnaround . 16. Pets. One dog shall be allowed for each residential unit and the dog shall be required to be confined within the boundaries of the lot upon which the dog's owner resides. 17. Foundations. Each lot owner shall be obligated to collect site specific soil samples for each building footprint prior to constructing any permanent residence on Lot 2 or 3. Such soil samples shall be examined by a qualified professional registered engineer within the State of Colorado and an engineered foundation plan shall be prepared and submitted to Garfield County Buiding and Planning prior to issuance of a building permit for Lot 2 or Lot 3. LEO -Declaration of Covenants 6 Leo Subdivision Declaration of Covenants Page 7 18. Fireplaces. No open hearth solid -fuel fireplaces will be allowed anywhere within the Leo Subdivision. One (1) solid -fuel burning stove as defined by Colo. Rev. Stat. Section 25- 7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units shall be allowed an unlimited number of natural gas or propane burning stoves and appliances. 1 Septic systems. Septic systems within the Leo Subdivision will be operated pursu t to a management plan as required by Section 4:92E of the Garfield County Subdivision Regulations. Inspection monitoring is required on an annual basis and pumping by an ISDS (individual sewage disposal system) contractor shall be required according to the following schedule: Tank Size (gallons) SEPTIC TANK PUMPING FREQUENCY (in years) Household Size (number of people) Each lot owners shall be responsible for complying with this management plan as to septic tanks on such lot owner's property. Should any lot owner fail to comply with this management plan, the Property Owners Association shall have the right to perform required inspections and/or pumping and to assess the lot owner for associated expenses in the manner set forth above in Section 12. V( Fire protection. In order to minimize fire danger within the Leo Subdivision, all lot owners shall be required to: (1) remove vegetation within a reasonable distance from all structures in order to provide a safe zone in the event of a wild land fire; (2) consider the weights of fire apparatus and accessibility requirements when constructing access driveways into the lots; and (3) post addresses at points where driveways intersect the County Road and on each residence if shared driveways are used (letters for address signs must be no less than four inches in height, one-half inch in width, and contrast with background colors). \J/ • Mineral rights. The mineral rights have been severed from the ownership of the surface of property within the Leo Subdivision. The owner of such rights (currently known to be Mineral Trust, c/o U.S. Bank, P.O. Box 17532, Denver CO 80217) may have the right to enter upon lots within the Leo Subdivision for the purpose of prospecting, mining and removing minerals. Such right of entry is governed by federal, state and local laws and regulations. LEO -Declaration of Covenants 7 1 2 3 4 5 6 500 5.8 2.6 2.5 2.0 0.7 0.4 750 9.1 4.2 2.6 1.8 1.3 1.0 900 11.0 5.2 3.3. 2.3 1.7 1.3 1000 12.4 5.9 3.7 2.6 2.0 1.5 1250 15.6 7.5 4.8 3.4 2.6 2.0 1500 18.9 9.1 5.9 4.2 3.3 3.1 1750 22.1 10.7 6.9 5.0 3.9 3.1 2000 25.4 12.4 8.0 5.9 4.5 3.7 Each lot owners shall be responsible for complying with this management plan as to septic tanks on such lot owner's property. Should any lot owner fail to comply with this management plan, the Property Owners Association shall have the right to perform required inspections and/or pumping and to assess the lot owner for associated expenses in the manner set forth above in Section 12. V( Fire protection. In order to minimize fire danger within the Leo Subdivision, all lot owners shall be required to: (1) remove vegetation within a reasonable distance from all structures in order to provide a safe zone in the event of a wild land fire; (2) consider the weights of fire apparatus and accessibility requirements when constructing access driveways into the lots; and (3) post addresses at points where driveways intersect the County Road and on each residence if shared driveways are used (letters for address signs must be no less than four inches in height, one-half inch in width, and contrast with background colors). \J/ • Mineral rights. The mineral rights have been severed from the ownership of the surface of property within the Leo Subdivision. The owner of such rights (currently known to be Mineral Trust, c/o U.S. Bank, P.O. Box 17532, Denver CO 80217) may have the right to enter upon lots within the Leo Subdivision for the purpose of prospecting, mining and removing minerals. Such right of entry is governed by federal, state and local laws and regulations. LEO -Declaration of Covenants 7 Leo Subdivision Declaration of Covenants Page 8 if - 22. Fencing. Any f- cing constructe5Vwithin the Leo Subdivision shall use smooth wire and be limited in heigh and wire spacing so as to minimize and adverse effect upon the movement of wildlife, including deer and elk. 23. Covenants to Run. These covenants and restrictions shall run with all lots within the Property and shall bind the owners thereof, their successors and assigns. 24. Enforcement. This document may be enforced by any lot owner(s) or any governmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 25. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may only be amended by the unanimous written consent of all lot owners within the Property. No amendment shall be effective until an instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate records of Garfield County, Colorado. 26. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED: , 2000. STATE OF COLORADO COUNTY OF GARFIELD DECLARANT: Gaye Leo The foregoing Declaration was subscribed and sworn to before me this day of , 2000, by Gaye Leo. WITNESS my hand and official seal. My commission expires: Notary Public LEO -Declaration of Covenants 8 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made and -. - -d o this day of 2001, between the Leo Subdivision and the BOARD OF COUNTY COMMISSIONERS OF GARFIE LORADO; k cA ) Dece er, WITNESSETH: WHEREAS, Gaye Leo is the owner of certain real property located in Garfield County, more particularly described on the Final Plat as the Leo Subdivision which is filed on even date herewith and on Exhibit A attached hereto and incorporated herein by reference, which real property is now known as the Leo Subdivision; and WHEREAS, as a condition of approval of the Final Plat(hereinafter referred to as the "Plat") for the Leo Subdivision, Gaye Leo wishes to enter into this Subdivision Improvements Agreement(hereinafter referred to as "Agreement") with the County;and WHEREAS, the County has required and Gaye Leo has agreed to provide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain improvements as set forth on Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, Gaye Leo has agreed to execute and deliver an irrevocable letter of credit to the County to secure and guarantee its performance of this Agreement and has agreed to certain restriction regarding the issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth hereinafter. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES AND THE FOLLOWING MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Gave Leo Performance. On or before December 1, 2001, Gaye Leo agrees to construct and install . - =--- e water p ' • - - - _ _ • . • • , _n--t.o_he common lot co "bo acc int shared by lots on c3D Gaye Leo agrees that all improvements shall be completed as identified and shall be constructed in compliance with the resolution of approval and final plat document, constructed drawings prepared by Colorado River Engineering submitted to the County with the final plat, all laws of the United States, State of Colorado, Garfield County, and its various agencies, affected special districts, and/or municipalities providing utility services; and such other designs, drawings, maps, specifications, sketches, and other matter submitted to and approved by any of the above -stated governmental entities. The County agrees that, provided such improvements are installed in accordance with this Paragraph 1, then if Gaye Leo also complies with all requirements of this Agreement and this Resolution of Approval of the Final Plat, Gaye Leo shall be deemed to have satisfied all terms and conditions of the zoning and ubdivision laws, resolutions, and regulations of Garfield County, Colorado. 2. Cost of Improvements. It is understood that for the purposes of e cost of all said public improvements is in the amount the County finds reasonable accepts. this Agreement contained in and hereby app 3. Security for Improvements. The internal improvements for the subdivision will be completed by not later than December 1, 2001. cceptance of improvements shall not be unreasonably withheld; provided that, in the event weather or other factors beyond the reasonable control of Gaye Leo delay the installation of those improvements sensitive to weather or other such factors, the Agreement shall remain in full force and effect. n receipt from Gaye Leo of certification the improvements set forth .hibit "B" have been completed, the County shall return within (3S .. s from the date of said certification release of the letter of cr-. the County shall acknowledge that said improvements have been c. . _ -. in a satisfactory manner;provided, however, that the County - .id improvements and su.mit a no 'ce of deficiencies section 5 below: ti ;,.. �' as prov d The County may, at its option, permit Gaye Leo to substitute other collateral acceptable to the County for the collateral originally given by Gaye Leo to secure the completion of the improvements hereinabove provided. d in Failure to post security as set forth herein shall constitute a breach of or failure to comply with the Agreement. 4. Upon full execution of this Agreement, the delivery of the security to the County, and recordation of the Final Plat, the Leo Subdivision shall be entitled to enter into agreements and sell the lots located within the Leo Subdivision. otice of Deficiencies. If the County determines that the improveme s are not constructed in compliance with the specification herefor, it shall furnish a letter of potential c� deficiencies with 0) days from the date of certification by Colorado Water Engineeri •. said letter from the County is not furnished within said (30) days, - 'mprovements shall be deemed accepted, and the County shall release a -- urity as provided by Gaye Leo in accordance with this Agreement. . letter of potential deficiencies is furnished by the County, t - . my shall have sixty (60) days to complete its investigation an provide a written confirmation of the deficiencies to Gaye Leo. Such security shall be released to Gaye Leo within ten (10) days after completion of such investigation assuming such investigation finds that all improvements are acceptable. 6. School Impact Fees. None apply.L0 7. Enforcement. In addition to any ri\cjhts which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Leo Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado to compel or enforce this Agreement. In the event that no action is commenced before the issuance of the final Certificate of Completion of Improvements and acceptance thereof by the County, any purchaser's rights to commence an action shall thereafter be extinguished. 8. Consent to Vacate Final Plat. In the event that Gaye Leo fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued only. Any existing lots for which building permits have been issued, or lots to which subdivision improvements have been properly constructed shall not be vacated and final plat as to those lots shall remain valid. Gaye Leo shall provide a survey and complete legal description, with a map showing the location of any portion of the plat so vacated. 9. Approval of Plat. The County agrees to approval of the Final Plat subject to the terms and conditions of this Agreement and the Conditions of Approval of the Preliminary Plat. 10. Amendment. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 11. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the subdivision and the rights and obligations as contained herein shall be binding upon and insure to the benefit of Gaye Leo, its successors and assigns. 12. Indemnity. To the extent allowed by law, Gaye Leo agrees to indemnify and hold harmless the County for claims which may arise as a result of Gaye Leo's installation of improvements pursuant to this Agreement. However, Gaye Leo does not indemnify the County for claims made asserting that standards imposed by the County on Gaye Leo are improper or cause of injury asserted. The County shall be required to notify Gaye Leo of receipt of a Notice of Claim or Notice of Intent to Sue and shall afford Gaye Leo the option of defending any such claim or action. Failure to notify and provide such option to Gaye Leo shall extinguish the County rights under this paragraph. Nothing herein stated shall be interpreted to require Gaye Leo to indemnify the County for claims which may arise from the negligent acts or omissions of the County.. 1 - s shall be pr - .n. shall be owne the o,i.- s of the respective lots. s within the Leo Subdivision , mai 01!05/2001 12:55 6254933 COLORDO RIV. ENG. 1111� COLORADO `�� RIVER ENGINEERING, INC. Item No. WORK DESCRIP ION 430' 0 Table 1 Engineers Opinion of Probable Construction Costs Leo Subdivision 0S -Jan -01 PAGE 04 q r P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Utla,At4S f WAV- scui,JL1 g' -e ) 6`r. I ` ter main, 5 valves/fittings, & 2 frost uried in 4.5 trench vert I 0 Road - Strip organics, '6" road base subgrade Quantity Quantity Units LS unit Cost $/unit Costs $ S2,853.00 $2,853.00' $12.30 $442.80 4 Road - Gravel surface finish Road - Asphalt apron 420 S.F. 3" thickness Electric Service - existing service to two new lots Phone Service - axis ing service to two new lots 7 74 tons $33.27 $2,461 98 25 tons $20.80 $520.00 LS N/A $630.00 $0.00 $630.00 N/A N/A $0.00 N/A Go cf\it) This opinion of probable construction cost was prepared for estimating be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations Engineering, Inc. cannot Total $8,907.78 COSTESTM.xis1/5/01 �[ n �% Colorado River Engineering, Inc. 12/29/2000 14:07 9706257930 1 RIFLE MIDDLE SCHOOL PAGE 02 DATE OF I TO: (Beneficiary)Garfield County APPLICANT: Leo Development EXPI TION DATE: June 30, 2001 AMO We hereby establish our irrevo of t e Beneficiary available by pa Colo ado of the Beneficiary's draft Colo ado if accompanied by the foll a) Garf has of t A Beneficiary's statement sign eld County, Colorado, certifyi ailed to perform under and in e Leo Subdivision as per the e ente#ed into the day of December and .he Applicant, a copy of which inco•porated herein by reference, - defa lt; and Lett Prac Ch b) The original Letter of Cred All drafts drawn under this cr hall bear the clause "Drawn un r of Credit dated, December This Letter of Credit is subje ice for Documentary Credits (1 er of Commerce Pub. 400." Vectra Bank of Colorado hereby that all drafts and documents drawn the terms of this Letter of Credit and •resented for payment at the Ve before the expiration date of this VEC� ,f R. k Padrnos, ice Presi U able letter of credit in favor nt with the Vectra Bank of drawn on the Vectra Bank of ing documents: by the Commissioners of the that the "Leo Development" zcordance with the provisions ecuted Subdivision Agreement 2001 between the Beneficiary attached hereto and stating the amount of Sit are to be endorsed hereon .r the Vectra Bank of Colorado 2001." to the "uniform Customs and 33 Revision), International .ngages with the Beneficiary :ender and in compliance with 11 be duly honored if drawn :re. Bank of Colorado on or _tter of Credit. o r) e: G a w 50 H o. co �, g y CD 0 .1 ' ''."•). ' O 0 01O �n, il 0.2 In ,w o pa & CA CCI o er, rn 1- .1 .1 0 • 5 w L., 0.6"' C O w H N CA - 0G r' C 5✓ 0 0 0 0 (o 0. O 00 yy ro 0 (0 0 '" C O 0 p- 4 co '1 r�. n O. 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N N N• 00 OJ 0 ,D 0 75' Y rd W y p • A N 'J• • Vi ° ti O 0 CD C ° 7' Da ..•y cr. y E m N No CD O 0 0 w~ A w 0 Ory ° 0. �7'O P om Om y N yG�a(0 � r'� 0- m asnep autnes A f co cm ro w N N co 0 g. m '< 0 0 0b .1 ° m O w a y. 0 1n O 00 o' 5' m 0 � a� <�. of 0 o O N 0 '0 CD 0 'fl 5 (1;2 0 n • �:. 00 o ° m ~: rn y k O 0 0 y O '0 a .-0 0 a m • �• _• n 0 n O CD CL alep an[laa,{Ea ws 1994, S.B.94-168, § 1, eff. May 22, 1994. 9' asnep Aliiigeianas RECEIVED MAY 0 7 2001 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 May 7, 2001 Ms. Kit Lyon Garfield County Planning 105 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Leo Final Plat Dear Ms. Lyon: An existing overhead power line crosses the new lots created by the above mentioned subdivision. Therefore, the developer will have no further expenses in providing power to the lots. Depending where homes are built on the individual Tots, the homeowners may need to contract with Holy Cross Energy for live additional extensions. Sincerely, HOLY CROSS ENERGY Buzz Quaco, Staking Engineer BQ:vw quaco\Lyon ZZ '411111Noip COLORADO RIVER ENGINEERING, INC. July 22, 2001 Ms. Kit Lyon, Senior Planner Garfield County Building & Planning Dept 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 RE: Leo Subdivision Subdivision Improvements Dear Kit: P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 The water system and road improvements for the Leo Subdivision have been completed. The improvements were completed in accordance with the requirements set forth in the Preliminary and Final approvals. I am available to inspect the project with the planning or engineering department at your convenience, I understand that Ms. Leo will be submitting construction receipts to demonstrate performance under the terms of the Subdivision Improvement Agreement. CM:cm CC: Lyon5.dnc Please call if you have any questions. Gaye Leo Sincerely, Christ° her Manera, P.E. 1