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HomeMy WebLinkAbout4.0 Staff Report BOCC 09.16.02Exhibits for Monument Ridge Preliminary Plan Review (BOCC) September 16,2002 A Mail Receipts B Proof of Publication C Garfield Counff Zorung Regulations D Garfield County Comprehensive Plan of 2000 E Garfreld Coun8 Subdivision Regulations F Staff Memorandum G Application Materials H No Exhibit I No Exhibit J tr{e.rno to Garfield County Planning Department from Garfield County Vegetation Manaser dated luly 24,2002 K Leu"r to Garfield County Planning Departrnent from the Division of Wildlife dated luly 29,2002 L fe6ei to the Garfield County Planning Department from the Colorado Geologic Snrvey dated luly 24,2002 M Letter to Garfield County Planning Department from the Division of Water Resources date July 12,2002 N fetter to Garfreld County Planning Departnent from the Garfield County Road and Bridee Department dated July 17, 2002. o Letter to Mi. Peter Heineman from the Battlement Mesa Metropolitan District dated March 8, 2001 P ent from the Garfreld CountY Sheriff dated June 25. 2002 a Letter to Garfield County Planning Department from the Garfield County School DistrictNo. 16 dated July 16,2002 R Refenal Form from Garfield County Public Nurse to Garfield County Planning Department dated July 2,2002 s Letter to Garfield County Planning Departrnent from Resources Engineering dated August 5,2002 T Lalter from Zancanella & Associates to High Country Engineering dated June 12, 2002. U Letter from Garfield Planning Department to High Country Engineering dated 8lt5l02 v Memorandun from the County Road & Bridge Department to the Planning Staff dated 913102 w Supplemental Application tnformation from High Country Engineering dated August 27,2002 x Letter from Resource Engineering to Planning Staff dated9/4102 Y Letter from the Grand Valley Fire Protection District to High Country Ensineerine dated 9 I ll 102. \ ,t)rlilij**l{_ : ar ':.!. :...ri!,1 ! -1!-..r.,-1 Z N"* Plan Sbt & Letter submitted to Garfield County Planning Staffdated 9n2102. AA Protective Covenants for Monument Ridge BB L"tt"r f.o- Ron FaLner (School District #16) to Garfield County BOCC dated 9lt6l02 CC ffi Hopkins, Community Planner with the BLM, dated 9t16102' DI)CD Copy of StaffPower Point Presentation 5 tr \,(1^\v' \^; REOUEST: DATE: APPLICAIIT: REPRESENTATIVE: LOCATION: SITE / ZONING: PROJECT INFORMATION AIID STAFF COMMENTS Preliminary Plan review for the Monument Ridge Subdivision September | 6, 2002 (Public Hearing) Footfills Land and Development Incorporated Roger Neal, High Country Engineering County Roads 300 and 303 along the southeast limit of Battlement Mesa, southeast of Town of Parachute, Colorado 181.9 acres / A/R/RD I. PROJECT SUMMARY The Applicant requests Preliminary Plan review for the Monument Ridge Subdivision. The subject site contains 181.9 acres to be subdivided into 17 lots ranging from 6 to l3 acres each. The property is located at the intersection of County Roads 300 and 303 along the southeast limit of Battlement Mesa, approximately 2 miles southeast of the Town of Parachute, Colorado. Water for the subdivision would be provided by individual and shared wells and Individual Septic Disposal %cos^6t02 Systems (ISDS) would provide sewage treatment for each lot. Access to the majority of lots is provided directly from CR 300 and CR 300. Lots 9, 10 and 14-17 are accessed from aprivate cul-de- sac. The Applicant proposes the lots to be residential lots containing single-family dwellings that provides for a low density of approximatelyl0 acres per dwelling unit. II. SITE DESCRIPTION The 1 8 I .9-acre tract is comprised of gently sloping terrain or undulating topography located in the Monument Gulch drainage. The site is characterized as montane grassland that includes fescues, oatgrass, Junegrass, and Mountain muhly. The soils are mostly comprised of Potts loam, which has moderate permeability, and available water capacity is high. The only major drainage basin within the property with an established 100-year floodplain is Monument Gulch and its tributaries. The basin flows through the site, from east to northwest and eventually drains into the Colorado River. More specifically, three smaller drainage channels occur on the northern and central portions ofthe property. CR 300 runs in a north-south direction through the center of the property. At present, the property has been used for cattle and horse grazing and an irrigation ditch to the west of CR 300 provides water to fields on Lots 1,3, 5,7,9, and 10. III. PREVIOUS LAND USE ACTIONS A portion of the property recently received approval from the BOCC on January 14,2002 for a Subdivision Exemption. This Exemption effectively created 5 Parcels from a parent Parcel of 280 acres resulting in Parcel t having 6.4 ac, Parcel 2having6 ac, Parcel 3 having 6 ac,Parcel 4 having 80 ac, and Parcel 5 having 96 ac. Five parcels were able to be created from the parent parcel because two county roads (CR 303 and CR 300) bisect the property. Parcels 1-3 were the subject of the Exemption. Parcels 4 and 5 comprising a total of 176 acres are proposed to be split into l7 lots. The Planning Commission recommended the Board of County Commissioners approve the Monument Ridge Preliminary Plan with conditions by a vote of 6 to 0 on September 11, 2002. IV. REFERRAL AGENCIES Staff referred the Application out to the following referral agencies for comments on the proposed subdivision. School District 16: The District provided comments regarding 1) an additional bus route to serve the development,2) the impact on already full schools, 3) condition of CR 300, and 4) domestic animal nuisance and safety. (See Exhibit Q) Colorado Division of \ilater Resources: The Division stated the water supply should be physically adequate to supply the proposed uses. The proposed water supply will not cause material injury to decreed water rights. (See Exhibit 14) Colorado Geological Survey: CGS provided a variety of comments regarding the sites apparent geologic hazards. These are discussed within the mernorandum. (See Exhibit L) Garfield County Road & Bridge: Comments provided discuss shared access issues,lowering CR 300, and relocation of fencing along the subdivision ROW. (See Exhibits N and V) Colorado Division of Wildlife: DOW indicated the importance of the habitat in the Monument Gulch area for small mammals, song birds, and especially mule deer. DOW recommended the development incorporate the area of Monument Gulch as open space to be conserved and not developed. (See Exhibit I$ A. B. C. D. E. F. G. Garfield County Vegetation Management: Steve Anthony provided comments which are included in the weed management section of the memorandum. (See Exhibit.I) Garfield County Sheriff, Jim Sears: Comments include 1) all access roads have sufficient width to accommodate fire and EMS equipment; 2) any roads that dead-end into a cul-de-sac should have an ending radius large enough to accommodate fire or EMS equipment turn around radius; 3) all roads and roadways shall be clearly marked with correct County road numbers and names; and 4) all street addresses be clearly marked and visible from the County Roads or access roads. (See Exhibit P) Battlement Mesa Metropolitan District: The District indicated no inclusions for water or waste water will be authorized regarding the request from the developer to tie into the Battlement Mesa Metropolitan District water and sewer plant. (See Exhibit O) Grand Valley Fire Protection District: The District recommended each lot should have a 3000 gallon tank (cistem) for the use of fire protection as well as domestic water supply for homes under 3500 square feet in addition to the domestic water storage. Residences largerthan 3500 square feet will need to have both the calculated size storage tank and sprinkler system to provide initial knockdown capabilities. As far as access and defensible space is concemed, the developers of these lots shall adhere to the NFPA 299 standard for Protection of Life and property from Wildfire. (See Exhibit W) Garfield County Public Nurse: No concems regarding the proposal. Garfield County Emergency Management: No comment at this time. Bookcliff Soil Conservation District: No comment at this time. Town of Parachute: No comment at this time. US West Communications:No comment at this time. Colorado Department of Public Health and Environment: No comment at this time. Holy Cross Electric: No comment at this time. STAFF COMMENTS A. Comprehensive Plan The subject site is located in Study Area 3 asdefined by the Comprehensive Plan of 2000 where the suggested proposed land use district is "outlying residential" which allows for 2 acre subdivisions and is consistent with the underlying zoningis A/WRD, which also allows for a minimum lot size of 2 acres. The subdivision proposes an average lot size of 10 acres, which is well above the 2 acre minimum and therefore consistent with the density measure of the plan. The property is also located within an"areaof urban influence" due to its proximity to the Town of Parachute and Battlement Mesa. As such, the Applicant is encouraged to explore opportunities to obtain water and sewer services from the Town of Parachute and Battlernent Mesa Metropolitan District. The Comp Plan recognizes that land use decisions, particularly those immediately adjacent to municipal boundaries, have created compatibility problems. Since this site lies within the threshold for urban services, the Applicant was encouraged during the sketch plan phase to explore the possibility of obtaining water and sewer services from either the Town of Parachute, or the Battlernent Mesa Metropolitan District. The Applicant contacted the Battlement Mesa Metro District regarding the possibility of connecting to their central water and wastewater system. However, the District indicated they have a long- H. I. J. K. L. M. N. o. P. v. standing policy that no inclusions will be authorized regarding the request from the developer to tie into the Battlement Mesa Metropolitan District water and sewer plant. In addition, the Applicant indicated that it would not be practical to tie into the Parachute systern since it discharges into the Battlement Mesa Metro District and is undesirable due to the geographical location. (SeeExft ibit O) B. Zoning The Applicant proposes all lots to be sold and developed with single-family dwellings which are a use by right in the A/R/RD zone district. The lots meet the underlying minimum lot areas of 2 acres per unit. As lots are sold and homes are constructed, those builders are required to adhere to the dimensional requirements listed in the A/R/RD zone districts. C. Water Supply The Applicant proposes individual and shared wells to serve the 17 lots. The Applicant has approved well permits and an approved water service agreunent with West Divide Water Conservancy District which shall be administered by the homeowners association. The Applicant proposes a shared well system that complies with the intent of the subdivision regulations and will effectively provide domestic water to those particular lots. The diagram of the shared water well system is included in the plan set (See Exft ibit AA) Staff required the Applicant to present appropriate language regarding well sharing agreements in the protective covenants as well as in the Subdivision Exemption Agreement (SIA) that defines what will be constructed by the developer and how those shared wells will be maintained by the homeowners association. At this time, the Applicant has drilled five wells that have been permitted for the subdivision that have been tested for quantity and quality. This information is provided in Exhibit 7. The Applicant contacted the Battlernent Mesa Metropolitan District for potential inclusion in their system. However, the District indicated that was not possible. The Colorado Division of Water Resources reviewed the proposal and stated the water supply should be physically adequate to supply the proposed uses. The long-term adequacy of any groundwater source may be subject to fluctuation due to hydrologic and climatic trends. The proposed water supply will not cause material injury to decreed water rights, so long as the Applicant maintains valid well permits per the District's Substitute Supply Plan, and is physically adequate. The use of the irrigation water rights must not result in an expansion or change of use, and approval of a change of water right application by the water court may be necessary of the place or type of use is changed. (See Exhibir rl4) Resource Engineering reviewed the proposed shared well system designed by Zancanella& Associates and believes the system will work. As stated in the letter from the Grand Vatley Fire Protection District (See Exhibit Y),the Applicant intends for the fire protection for the project to be the responsibility of the individual homeowners. Resource Engineering recourmends the fire district, which will serve the area, be contacted for specific requirernents necessary for them to provide fire protection. If on-site storage is required, it should be constructed as a central facility and not be left up to the individual homeowners. This is consistent with approvals for other subdivisions within the County. (See Exhibit ^9) However, as noted above, Grand Valley Fire Protection District did acknowledge that a 3000 gallon water tank, to be built by individual lot owners will satisff fire protection measures. 4 Regarding irrigation water, it appears a large portion of the project site has been historically irrigated, although in recent years only a small portion of the property has been irrigated. The Applicant provided further information to be placed in the protective covenants that will design a system to be managed by the homeowners association that will deliver percentages of the allotted irrigation water to Lots l-8 based on available flow. This would be handled by a "splitter box" and owned and managed by the homeowners association. (See Exhibit 14) D. Waste Water The Applicant proposes sewage treatment for all the lots to be handled by Individual Septic Disposal Systems (ISDS). Similar to the request to connect into the Battlement Mesa Metropolitan District for water service, the District policy does not allow inclusion for septic hook up as well. Moreover, the Town of Parachute's wastewater system discharges into the District's system. The geologic evaluation conducted by CTL Thompson (a report located in the application) states ISDS will be appropriate at this site as a result of the existing soil types and percolation testing conducted at the site. (See page 12 of the report in application.) CTL Thompson recommended performing additional percolation testing when actual percolation field locations are known for the ISDS when each lot is being developed. Staff has also made this a condition of approval. E. Floodplain/ Wetlands Staff reviewed Flood Insurance Rate Map (FIRM) provided by the Federal Emergency Managernent Agency (FEMA) and determined Monument Gulch, which bisects the middle of the property from east to west, is a delineated 100-year floodplain and touches lots 4-9. In addition, a smaller drainage on the north portion is also delineated as a 100-year floodplain that runs through lot 1 of the proposed Monument Ridge Subdivision and through lots land 2 createdby the earlier subdivision exernption. While the Applicant notes the two drainages within the 100-year floodplain, they do not discuss thern in any substantive detail nor suggest the location of building envelopes that show mitigation by avoidance. Resource Engineering commented that the vegetation report does not identiff the extent ofwetlands and waters of the U.S. within the property. This may be important as it relates to driveway crossings and building envelopes. Staff has required the Applicant to provide Staff with a site plan that delineates any wetlands and waters of the U.S. within the property as well as the siting of building envelopes so that it rernains clear there will be no infringement in those sensitive areas. (See Exhibit ^y) F. Soils/Geolog.v Regarding soils and geology, CTL Thompson's report concluded that no geologic conditions or geologic hazards exist to preclude the development of the site for single-family residential use. The analysis indicated subsoil conditions are generally favorable for the proposed residential development. However, there are debris flow hazards on the property that need to be addressed with respect to development location. Colorado Geologic Survey (CGS) states building envelopes should be located outside ofthe hazard areas shown on CTl/Thompson's Geologic Hazards Map in the application. While the proposed lots are large and should accommodate flexibility in the placement of building envelopes, particular attention should be paid to Lots 1, 5, and 17 due to the significant area of these lots that contains potential debris flow hazards. On lots such as these where "mitigation by avoidarce" may not be feasible, CGS recommends a drainage basin hydrologic analysis will need to be preformed to quantiff the debris flow hazard and to design the appropriate mitigation such as careful site grading to provide channelization and conveyance of debris / mud flows around and away from buildings. Staffrequired the Applicant to proposed "no build zones" on all lots as well as delineate where geologic hazards are mapped using the CTl/Thompson analysis. It is in this way Staff will be able to better determine the hazards in relation to the proposed building envelopes. Lastly, Resource Engineering indicated that the Monument Ridge Road cul-de-sac is located in the middle of a debris flow area. The submittal should indicate that appropriate mitigation measures have been designed into the grading and drainage plan. (See Exhibit S) G. Road/Access Access to the majority of lots is provided directly from CR 300 and CR 303. Lots 9 and 10 and l4- t7 areaccessed from a cul-de-sac that is 600 feet in length. The Comprehensive Plan defines County Road 300 as a road in "fair" condition. The Road and Bridge Department reviewed the application. In discussions with Staff, the following conditions are proposed regarding road and access issues: 1) The Applicant shall relocate any fence located within the 60 foot right-of-way (30 feet from the center line of CR 300 and 303 which abuts the Monument Ridge Subdivision as proposed as part of this approval process.) 2) Garfield County shall commit to participating in lowering a specific portion (known as the high spot) of CR 300 by only providing the culvert that will carry ditchwater across CR 300. The culvert will stretch beyond the fence lines onto the developer's property on either side of cR 300. 3) The Applicant shall be allowed to place a common driveway entrance for Lots 3 and 4 located at the intersection of CR300 and CR 303 as long as it, and any other driveway entrances to a county road, has a stop sign at the intersection. 4) The Applicant shall provide a shared access road from CR 300 to Lots 11-13. This access shall be designed according to the Garfield County Subdivision regulations Section 9:35 to accommodate ADT generated from three residences as a public road pursuant to the design specifications in the Garfield County Subdivision regulations. Regarding traffic generation, the Applicant has provided an estimated traffic generation analysis based on a total of 20 primary residences that includes the former exernption parcels. This current development proposes 17 single-family residences. The ITE Trip Generation Manual, 6'o Edition uses 9.57 trips per day per residence. At that rate,17 proposed residences produce a total of 163 trips per day. The proposed subdivision is located in the Garfield County TrafEc Study Area 1 regarding impact fees. This area calls for an impact fee payment to Garfield County of $280 per average daily trip (ADT) generated by the subdivision. This results in a total payment of $45,553.00 or $2,679.00 per lot. Staff has made this payment to Garfield County a condition of approval to be paid at the time of Final Plat. H. Fire Protection The Appticant proposes that each individual lot owner shall be required to provide for their own fire protection systern conforming to the NFPA 1231 Standards on Water Supplies for Suburban and Rural Fire Fighting. The property lies within the Grand Valley Fire Protection District which recommended each lot should have a 3000 gallon water tank for fire protection and domestic water forhomes under 3500 square feet. Residences larger than 3500 square feet will need to haveboththe calculated size storage tank and sprinkler system to provide initial knockdown capabilities. As far as access and defensible space is concerned, the developers of these lots shall adhere to theNFPA 299 standard for Protection of Life and Property from Wildfire. (See Exhibit W) The Applicant proposes several shared wells in addition to individual wells. As mentioned in the water supply discussion above, the Applicant designed a well system that uses a 3000 gallon water tank for fire protection and domestic water use. This tank will be designed so that a hydrant type fixture will extend out so that a fire hose will connect to it above ground. Further, the tank will be required to be built no further than 150 feet from residential structures on each lot. This duel use design will allow a fire hose connection on top of the storage tank in the event it is needed for fire suppression. Otherwise, it will also serve to handle peak flow demand from the residences. Please note, the Applicant does not commit to constructing this tank as part of the subdivision improvements. They wish to place that burden on the future home builders because they believe the tanks need to be located within 150 feet of the residences. The Applicant proposes only to extend the waterline from the well, through the meter vault splitting the line, to a curb stop at respective property lines. (See Exhibit AA) I. Drainage There are three drainages running through the property with the most prominent drainage being Monument Gulch that runs east to west through the middle of the property. A smaller drainage runs east to west across the northern portion of the property and a third drainage runs east to west along the southern property line. The application states the development will have minimal impact on drainages running through the property. In addition, the Applicant states adequately sized culverts will be installed where needed. The CTllThompson report indicated that surface drainage will need to control and channelize surface water down, around, and away from buildings and off of roads. Seasonal surface flows through building footprints need to be re-routed away from buildings. Any areas of ponding water should be eliminated. The report recommends a slope of at least 12 inches be used in the first 10 feet away from all building to decrease the potential of wetting soils near the structure foundations. Resource Engineering indicated through their analysis that 1) the drainage plan in this submittal indicates in one paragraph that detention will not be required and in another paragraph indicates that detention will be required for the additional developed flows. This issue needs to be clarified and the drainage plan needs to demonstrate that it is in compliance with the Garfield County Subdivision Regulations; 2) There is no analysis regarding the adequacy of the existing culverts, especially the County Road 300 crossing of Monument Gulch; and 3) as recorrmended in the CTL Thompson report, the drainage analysis must consider the debris/mud flow and include a40o/oto 50oh bulking factor. J. Wildlife The comments provided by the Colorado Department of Wildlife (DOW) indicate the most important wildlife habitat area on the property is the part of Monument Gulch that runs through the property providing good cover for small mammals, and songbirds, but especially for mule deer. DOW recommended the development incorporate the area of Monument Gulch as open space to be conserved and not developed. This potential open space would further compliment the open space in the Monument Gulch created with the Battlement Mesa PUD. Open space would help preserve the wildlife value of the property and would help mitigate the cumulative impacts of the proposed development. The proposed covenants cannot assure that the wildlife habitat would be protected and that the important values identified in the wildlife plan are preserved or mitigated for. In addition, DOW recommends that the fence restrictions include: that the top and bottom wire be barbless, and the second wire from the top wire be at least 12 inches from the top wire, and the bottom wire be at least 16 inches off the ground. The overall height should not be over 42 inches in height. Restricting dogs and cats to the property will benefit wildlife. (See ExhibfiK) Staff agrees with these recofilmendations. The Applicant provided a wildlife report conducted by Beattie Natural Resources Consulting, Inc which states the Monument Ridge Subdivision will have very minimal impacts on wildlife due to large lots, low density, and a high amount of private open space. As a result, wildlife will rernain present on the property. In addition, 11 of the 17 lots are currently very poor habitat due to their degraded nature from heavy grazing and lack of irrigation. The report concurs with the DOW findings that the most valuable habitat is Monument Gulch running through the property and most notably on the western portion of lot 7. The report states "daytime resting areas and security cover for Mule Deer will not be impacted unless there is a significant human disturbance in the east-west ravine located on the southern border of lot 7. There are no federal or Colorado threatened, endangered, or candidate wildlife that will be measurable impacted by the development. The development will have a local affect on individuals of common spe3cies ofbirds, amphibians, small animals, and mule deer, but will not result in a loss of viability in the area or the loss of critical habitat. K. Vegetation The Applicant provided a Vegetation Management Plan prepared by Beach Environmental, LLC. Staff also referred the application to Stave Anthony of the Garfield County Department of Vegetation Managanent. (See Exhibit 4 Mr. Anthony is requesting: o A weed managernent plan that will address fall treatment of Russian knapweed on the proposed five lots. o Estimates of amount of surface areadisturbed (Monument Ridge Road). o Cost estimates for revegetation work. o Soil management plan. o A revegetation bond (may be based on applicant's cost estimates). o Certified weed free hay or straw for check dams. As mentioned above, the Applicant provided Vegetation Management Plan prepared by Beach Environmental,LLC which includes an inventory and map showing the location of the identified weeds. The plan also provides a management plan for weed control on the property including revegetation planting types, proposed schedules for weed control, and a variety of weed control methods. While the Beach Environmental report includes a plant material list and schedule, the revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) also calls for a 1) planting schedule, 2)map of the areas impacted by soil disturbances (outside of the building envelopes), and 3) revegetation bond or security at Final Plat. Staffhas required the Applicant to provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. The revegetation bond amount will be determined by Staff after the Applicant provides the aforementioned information. L. Assessment / Fees The proposed subdivision is located in the Garfield County Traffic Study Area 1 regarding impact fees. This area calls for an impact fee payment to Garfield County of $280 per average daily trip (ADT) generated by the subdivision. This results in a payment of $45,553.00 to the County or as adjusted by county regulations and policies in effect at the time of Final Plat. The Applicant is required to pay appropriate the School Land Dedication Impact Fees or pay cash-in- lieu of that land dedication which willbe due at the time of Final Plat. An estimated fee based on current fee regulations requiring $200 per each newly created parcel (Section 9:80 of the Subdivision Regulations) would be equal to $3,400. In any event, the Applicant shall be required to pay the appropriate assessments and / or impact fees based on the regulations in effect at the time of Final Plat review. This has also been included as a condition of approval. M. Open Space The Applicant proposes no dedicated open space as part of the subdivision. The lots are large, ranging from 5.9 to 13.7 acres and the density is fairly low allowing for private open space on individual lots. Staff strongly recommends the Applicant place the area within the Monument Gulch in a conservation easement dedicated to open space so that the only distinguishable wildlife habitat in the development may be preserved as well as tie into the gulch as it continues into Battlernent Mesa. N. Phasing of the Development The Applicant provided a 2 phase phasing plan which only shows that lots located north and east of CR 300 will be included in Phase I and the lots south and west of CR 300 are included in Phase II. Specifically, the Applicant proposes performing all public improvements and utility installation for lots 5 andg-17 for Phase I. The public improvements shall include the construction of Monument Ridge Road, replacement of the existing 15 inch culvert crossing CR 300 just north of the proposed intersection of CR 300 and Monument Ridge Road, and the installation of the potable water wells mentioned above. The remaining utilities and wells for lots 1-4 and 6-8 would be completed in Phase u. However, Staff has required the Applicant to construct any utilities that serve Phase II as part of Phase I. This specifically includes extending the water lines from the shared well serving Lots 8-10 and waterlines serving Lots 3-5. In addition, the Applicant will complete all improvements to CR 300 as discussed above as part ofPhase I. RECOMMENDED FINDINGS 1. That proper posting and public notice was provided, as required, for the hearing before the Board of County Commissioners; 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard atthathearing; 3. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the application is in conformance with the 1978 Garfield County ZoningResolution, as amended; 5. That the application is in conformance with the Garfield County of 1984. RECOMMENDED MOTION Subdivision Regulations to APPROVE the Preliminary Plan for the Monument Ridge Subdivision with conditions." AFF Staffrecommends that the Board of County Commissioners APPROVE the Preliminary Plan forthe Monument Ridge Subdivision with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission and Board of county Commissioners shall be conditions of approval, unless specifically altered by the Board of county Commissioners. 2. The Applicant shall include language in the protective covenants for the subdivision that require the developers / purchasers of each individual lot to perform additional percolation testing when actual percolation field locations are known to determine the most appropriate location for ISDS. This information shall be provided to the Planning Department at the time of Final Plat. 3. The Applicant shall require individual lot owners to be responsible for the installation of the l0 4. ISDS designed by a registered professional engineer in the State of Colorado. Maintenance of each system will be the responsibility of the individual lot owner and as outlined in the protective covenants of the subdivision. In addition, each ISDS must be accompanied by a detailed maintenance plan contained in the covenants. This information shall be provided to the Planning Department at the time of Final Plat. Due to the expansive and compressible soils, the owner / developer of each lot shall conduct additional design level geotechnical studies once building locations are finalized, to characterize soil and engineering properties beneath each planned structure. This information is needed to develop a site-specific design recommendations and construction criteria. Soil conditions at planned foundation depths will dictate whether footings with a minimum load will be needed to counteract expansive clays. As a result, the developer shall make this CTL /Thompson report available as a reference for potential lot owners for a reference. This information shall also be submitted as incorporated into the protective covenants and provided to the Planning Department as part of Final Plat. The Applicant shall provide Staff with a site plan that delineates any wetlands and waters of the U.S. within the property so that it remains clear there will be no infringernent in those sensitive areas. This shall be submitted to the Planning Department at the time of Final Plat. Pursuant to the recommendation by the Garfield County Road and Bridge Department, the Applicant shall: a) The Applicant shall relocate any fence occurring within the 60 foot right-of-way (30 feet from the center line of CR 300 and 303) which abuts the Monument Ridge Subdivision as proposed as part ofthis approval process. b) Garfield County shall commit to participating in lowering a specific portion (known as the high spot) of CR 300 by onlv providing the culvert that will carry ditch water across CR 300. The culvert will stretch beyond the fence lines onto the developer's property on either side of cR 300. The Applicant shall provide a shared access road from CR 300 to Lots 11-13. This access shall be designed according to the Garfield County Subdivision regulations Section 9:35 to accommodate ADT generated from three residences as a public road pursuant to the design specifications in the Garfield County Subdivision regulations. The site plan shows a number ofproposed shared access driveways. All proposed driveways that serve more than one lot are to be designed according to the Garfield County Subdivision Regulations for roads in Section 9:35. This section requires that those shared access driveways are to be designed at widths of not less than 30 feet and are to be maintained by the Homeowners Association. The Applicant shall refer to Section 9:35 for the specific design standards required by the county. The Applicant shall present a final grading and drainage plan which includes all of the proposed culverts and the calculations that determine their sizing to the Planning Department 5. 6. c) d) e) ll 7. as part of the final plat submission. This plan shall include any existing orproposed ditches on the property. This plan shall be provided to the Planning Staff as part of the Final Plat review. The Applicant shall provide a vegetation bond to be held by Garfield County for the new Monument Ridge Road at the request of the Garfield County Department of Vegetation Management. The bond amount and a timeline of its release shall be determined by the Garfield County Weed Management Director after the Applicant provides information requested in Exhibit J. The security shall be held by Garfield County Vegetation Director until vegetation has been successfully reestablished. Once determined by the Director that successful reclamation has occurred, the security shall be released. Evidence that this bond has been submitted shall be submitted to the Planning Department at the time of Final Plat and fully described in the Subdivision Improvements Agreement (SIA). Pursuant to the revised Revegetation Guidelines from the Garfield County Weed Management Plan, the Applicant shall provide a Soil Management Plan, related to outside-the-building envelope activities, such as new road construction, that includes 1) provisions for salvaging on- site topsoil , 2) a timetable for eliminating topsoil and/or aggregate piles, 3) and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. The Applicant shall provide this plan, approved by the Garfield County Weed Management Department, with the Final Plat submittal documents at the time of Final Plat. Evidence that this bond has been submitted shall be submitted to the Planning Deparfrnent at the time of final plat and fully described in the Subdivision Improvements Agreernent (SIA). The Applicant shall include a plat note on the Final Plat that requires each lot owner / developer to provide a 3000 gallon tank for the use of fire protection and domestic water supply for homes under 3500 square feet. Residences larger than 3500 square feet will need to have both the calculated size storage tank and sprinkler system to provide initial knockdown capabilities. The developers of these lots shall adhere to the NFPA 299 standard for Protection of Life and property from Wildfire. In addition, the protective covenants shall include the recommendations stated by the Grand Valley Fire Protection District as stated in fuIl in their letter dated Septunber 19, 2001 submitted by the Applicant during the Preliminary Plan approval process. The Applicant shall incorporate this condition of approyil in the protective covenants for the subdivision to be reviewed at the time of Final plat. fuA Ll*lt - #^{"1 *,'fr li, " 10. The proposed subdivision is located in the Garfield County Traffic Study Area 1. This area >i.lt requires an impact fee payment to Garfield County of $280 per Average Daily Trip (ADT) generated by the subdivision. The Applicant shall make a payment to Garfield County of $45,553.00. The Applicant shall make this payment to Garfield County or as adjusted by county regulations and policies in effect at the time of Final Plat. 11. The Applicant shall pay the School Land Dedication Impact Fee or pay cash-inJieu of that land dedication which shall be due at the time of final plat. An estimated fee based on current fee regulations requiring $200 per each newly created parcel (Section 9:80 of the Subdivision Regulations) would be equal to $3,400. The Applicant shall be required to pay the appropriate assessments and / or impact fees based on the regulations in effect at the time of Final Plat 8. 9. ,s-D ) t2 review. 12.The Applicant shall present a plan representing the locations of well maintenance easernents designated for each lot which contain wells and any external connections to them. This shall be shown on the Final Plat. In addition, the Applicant shall present appropriate language in the protective covenants and the SIA describing the existence ofthese easements and their associated use by the Homeowner's Association. This information shall be provided to the Planning Department the time of Final Plat. 1 3. The Applicant states that the Homeowner's Association will own the water right and manage its distribution but has not set up any specific structure on how this will be achieved. The Applicant shall craft language defining a specific structure for the managonent ofthe inigation water in the protective covenants as a condition of approval to be addressed at Final Plat. 14. The Applicant shall lengthen the proposed culvert and be moved further away from the intersection of County Road 300 and Monument fudge Road. In addition, the Applicant shall construct a ditch on the downstream side of the culvert to convey flows to the existing natural drainage. This shall be submitted at the time of final plat. 15. Proof of legal and adequate source of domestic water for each lot created. Proof of a legal supply shall be an approved substitute water supply plan contract or augmentation plan, an approved well permit or legally adjudicated domestic water source. Proof ofphysical supply for the public meeting may be documentation from the Division of Water Resources that demonstrates that there are wells within ll4 mile of the site producing at least five (5) gallons/minute. Prior to the siening of a plat. all physical water supplies shall demonstrate the following: a) That a four (a) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion ofthe person conducting the well test that this well shouldbe adequate to supply water to the number of proposed lots; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; D Ifthe well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; g) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 16. Because the Applicant has located the Monument Ridge Road cul-de-sac in the middle of a debris flow area, the Applicant shall provide appropriate mitigation measures designed to avoid potential debris flow into the grading and drainage plan to be submitted as part of Final Plat. /fun. Applicant shall construct all proposed utilities that serve Phase II as part of Phase I. This 13 specifically includes extending the water lines from the shared well serving Lots 8-10 and waterlines serving Lots 3-5. In addition, the Applicant shall complete all improvernents to CR 300 as discussed above as part ofPhase I. 0 f r, ;r, 1,1 l,l^ * L- /,y1 1' 'L i'? a W uf/''*J' ilril a,n,'i / **/l */l 5--> )) N1, I 't )'7{ I f,', 'o' '' /-o '//),7 {'' /-o '/rt"u z' t4 From: MEMORANDUM Fred Jarman Steve Anthony Comments on the Monument Ridge Preliminary PlanRe: Date: Jaly 24,2002 Thanks for the opportunity to comment on the Monument Ridge Preliminary Plan. My corrments are as follows: 1. Noxious Weeds lnventory and mapping-The applicant has provided a report an inventory and map of county listed noxious weeds. Five lots are reported to have Russian knapweed Weed Management-The applicant has provided basic information regarding weed management on the surveyed noxious weeds. The applicant is encouraged to initiate a fall (mid-September thru mid-October) treaknent for the Russian knapweed that is inventoried on the five lots. Common area weed management-The applicant shall assign weed management responsibilities for common areas (roads, roadcuts, any common open space areas). The section in the covenants under "Road Mai:rtenance-Private Road Standards" may be an appropriate place to address this. Utility line disturbances and noxious weed invasion-Utility line disturbances continue to be a significant source of noxious weed invasion throughout Garfield County. On many occasions after a placement of a utility, subsequent weed invasions are ipored because it is unclear which parry is responsible for the follow-up revegetation and weed 6anagement. The applicant should address this issue prior to the next phase in the planning process and identify the parties responsible for utility line vegetation management. Revegetation The revised Revegetation Guidelines (available off the county website at urww.garfield- countv.com) from the Garfield County Weed Management Plan (adopted on May 7, 2001) calls for the following; Plant material list. Planting schedule. A map of the areas impacted by soil disturbances (outside of the building envelopes). A revegetation bond or security at Preliminary Plan and prior to Final Plat. A. B. C. D. A. B. C. D. l'- ) The applicant has provided a revegetation plan that includes A & B. Please provide a map or information, prior to final plat, that quantifies the area, in temrs of acres, to be disturbed and subsequently reseeded on road cuts and utility disturbances. This information will help determine the amount of security that will held for revegetation. The applicant may include estimates for the reclamation efforts. The estimates should include costs for seeding, 6ulshing, and other factors that may aid in plant establishment. Garfield County shall hold the security until vegetation has been successfully reestablished according to the attached Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. It is the recommendation of staff that the County request a revegetation bond for the new Monument Ridge Road. 3. Soil Plan The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 4. Sedimentation Control The bales used in the hay check dams shall be certified weed free. In surnmary the Vegetation Management Department is requesting: A weed management plan that will address fall treatment of Russian knapweed on the proposed five lots. Estimates of amount of surface area disturbed (Monument Ridge Road). Cost estimates for revegetation work. Soil management plan. A revegetation bond (may be based on applicant's cost estimates). Certified weed free hay or straw for check dams. Please feel free to contact me at 625-3969. a a a a a JUt CU,UC UriOrrP .ronn l,rooer I (fK .$TATEOF COLOEAUO Bill Orerrs, Gouemor oipannrErr oF IATURAL REsouReEs olvtsloH oF WILDLiFE AN EOUAL OPPOETUN|TY EI'PLOYER RusE€l GaorSe' tlrscbr 6ffioBrodwry DEnttr, colorE$ 80216 Td€pnon4 (303) 2S7-11S2 fiarlicld County Building & Plannitlg Attn: Ifred Jarman I09I'h Strcst. Suitr 301 Gknwood SPring+ CO 81601 cc: Yuuashita i, {u-EttJ -uudtr RECENZED JUL a e ?rl02 "ffiBfeHil#"I;orWildlife- For l'coPk Mr, Jarmm. r ha,e rcvicwcd the preriminary pran apprication ft>r the Monrsucut Ridge subdivision anrl offer tlre following ctrmlrrnts: The wildlife inforrnation and a.sscssment provided injlr: witdlife rcpofl is sccufate and factual' I agree that thc most important ,rilariru habitat iJtt " prrt of Monulerr gulch tbat r,rs through thc property' Monument gulch is a major wildrife *oo"ro*i corridor on Banr&rc.nt Mcsa- Thc g,rlch prrovides good secnrity cov€r ad ha|id for many snau mantnarr and songbirds, but especialy for mule doer' I-r,rring rcview ofthe skctch plan rhc cDow recorruncfided that thc arca of MonufiEnr gulch that is uot devclopablc be conserved a-$ open spac' for the dcveropmerd-tt" pr"""rrt apprication lists nrr acres for opefl s[racc. Establtshfug opcltsg.lcc in Monument gulchwould corrylinwnt the existing opgn $pfice in Monument Gulchcrcatedwiththel}gttlcrentMesaPUD.opcn$pacewouldtrclppreservcthcwildlifcvalucofthc property and would hclp mitigate tn* oumfiive imgacts of tp ptoPosod-d6/:loprncnt' Thc proposed covenants orro, *r,rr* tt*t th. u/ildlifp tub,itat *ouLl bc protccted osd that the irrportant values U*rin o in the wildlifc plarr arc p'teserved or milig6e<l for' Ttp cDow reco*r'nds thflt the femcc reflrictirrns inchrdc: that the top and bottom wire be barblcss' that thc second wirc be at hast 12 irrchcs bsl6w the top wirs' and that tfrc bottom wire is at least sixtcen inshes offthc gmund. wc agrec that total fenee heigs shouldnot exceed furty+wo irrches' The covenanr rEfitrictiEg rrogs flxlccts to the property.b good measues that will benefit wildlifc' Tho CDOIry is pleascd to ,." tlreweed *n*r *.i'v"ga#*-*r*gtt*ot plan integratod into the Hontcownar association elaments of ttrc covmarfrs' Thffrk you br th opportunity to conmrcEt. If I carr bc of fi[ther assistarrce' pleasc call' SincerelY, John Brodcrick District Wildlifc Manager -Parachute DEPARTMENToFNATURALRESot,RcEs,GTgE.W#u'F.rcculiueDiecbr. WLDTFE CoMMtsstoH. Rick Entum, ctralr, RoicrtEi,o"i"*d' rr*ch*. MalsnlB RafroPoubs, sffiIEt''y irgmers. Sdffid EEck' Tsm Btrfie r Ptrb Jdarss' Erad Phdm - Olve Vatss STA|E OF CO COTORADO GEOTOGICAT SURVEY Division of Minerals and Ceology Department of Natural Resources I313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (303) 866-2461 Iily 24,2002 Fred Jarman RECEI\IED JUL 2e 2002 O\RFIELD COUNry arfl."DtNc & PLAMttNG Garfield County Planning Department 109 8ft Street, Suite 303 Glenwood Springs, CO 81601 and part of the NW% of Section 20, T7S, R95w of the 6il'P.M. Legal description: SEY4SE% of Section 18, E%NEY4of Section 19, DEPARTMENT OFNAIURAI RESOTJRCES Bill Owens Governor Greg E. Walcher Executive Director Michael B. Long Division Director Vicki Cowart State Ceologist and Director Subject: Review of Monument Ridge Subdivision Preliminary Plan Garfield Countv. CO: CGS Unique No" GA-02-0011 Dear Mr. Jarman: Colorado Geological Survey has completed its site visit and review of the above-referenced subdivision. I understand that the applicant proposes to create 17 single-family residential lots on this 182-acre parcel. According to the Letter of Application (High Country Engineering, April 5,2002), the proposed water service will be by individual or shared groundwater wells, and individual sewage disposal systems (ISDS) are planned. I visited the site on July 7,2002. We received the following reports with this referral: Geologic Evaluation and Preliminary Geotechnical Investigation by CTl./Tho-pror, Inc. @ecember 13, 2001) and Drainage Study (High Country Engineering, November 28,2OOl). CTllTliompson's:geotechnical report provides a thorough description of existing conditions, geology and geological'hazardspresent at this site, and includes appropriate preliminary recommendations forhazardmitigation, grading, building site excavations and fills, foundation construction, floor systems and retaining structures. I have several comments regarding the proposed development of this property. 1. Geologic hazards CTl/Thompson identifies debris/mud flows and unstable/potentially unstable slopes as hazards that will influence the location of building sites or will require mitigation. Risk of damage due to geologic hazards can be minimized by delineating carefully considered building envelopes, and incorporating these into the plat. Building envelopes should be located outside ofthe hazard areas shown on CTl/Thompson's Geologic Hazards Map. The large proposed lots, ranging in size from approximately 6.7 to 72.7 acres, should allow sufficient flexibilrty in the siting ofbuilding envelopes to avoid the hazard areas identifiedby CTUThompson. Exceptions to this may be lots 1 , 5 and 17 . Large portions of these lots contain potential debris flow hazards. On lots where "mitigation by avoidance" is not feasible, the following recommendations should be adhered to: If building envelopes are located within any of the mapped debris flow hazardareas, a drainage basin , hydrologic analysis will neecl to bgperformed to quantifu'the debris flow hazard and to design , . mitigation. I agree with CTl/Thompscin that mitifation can be achieved with careful:site grading to provide channelization and conveyanc€ of debris/mud flows around and away from buildings, but the size ofchannels and diversion structures should be designed basbd bn a hydrologic analysis. C:\Crlson LURs\Garfield Monmnt Ridge.doc 07/24102,4:58PM Fred Jarman Page2 JuJy24,2002 2. Access to lots 11,12 and 13 The Drainage Study states that "drainages will not be changed by the proposed development," but it is unclear whether this statement refers to the drainage the runs between the southem edge of County Road 300 and proposed lots 11-13. Driveway access to these lots should be designed so that this drainage is not blocked. 3. Foundation design. Expansive and compressible soils are a concern in this area. CTl/Thompson's geotechnical report includes swell-consolidation test results for 6 samples, and describes the site's clayey soils as moderately expansive to moderately compressible. I agree with their recommendation for additional, designJevel geotechnical studies, once building locations are finalized, to characterize soil and rock engineering properties beneath each plarured structure. This information is needed to develop site-specific design recommendations and construction criteria. Soil conditions at plarmed foundation depths will dictate whether overexcavation of compressible soils and placement of structural fill will be needed, or whether footings with a minimum dead load will be needed to counteract expansive clays. Thank you for the opportunity to review and comment on this project. If you have questions or need clarification of issues identifred during this review, please call me at (303) 894-2173, or e-mail j ill.carl son@state. co.us. Sincerely, XhA6^- U Jill Carlson, C.E.G. Engineering Geologist C:\Carlson LURs\Garfield Monurnent Ridge.doc 07124102,5:01 PM OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Stree! Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 www.water.state.co.us STA|E OF C July 12,2002 KMCMruED JUL 1s 200? "ffiEt8$HIil" Bill Owens Covernor Creg E. Walcher Executive Director Hal D. Simpson, PE. State Engineer Fred Jarman Garfield County Planning Dept 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Monument Ridge Preliminary Plan Sections 18, 19 &20, T7S, R95W, 6TH PM W. Division 5, W. District 45 Dear Mr. Jarman: We have reviewed the above referenced proposal to subdivide approximately 182 acres into 17 residential lots. (The 182-acre parcel currently consists of 2 lots created as part of the 5- lot Monument Ridge Exemption.) The water supply plan includes three remaining lots created as part of the Monument Ridge Exemption. Water will be provided for a single-family residence, 2500 square feet of lawn irrigation and two livestock units for each lot. Total water demand for the project is estimated at 12.23 acre-feet; with a consumptive use of 4.45 acre-feet, which increases to 4.90 acre-feet when transit losses are included, The hpplicant proposes to provide water for the residential lots through a combination of individual and shared wells pursuant to a contract with the West Divide Wbter Conservancy District (the District). A copy of the contract was provided. The applicant;claims an interest in the water rights listed in Exhibit C of the Declaration of Protective Covenants, Conditions and Restrictions for the Monument Ridge Subdivision, which have been or will be conveyed to the Monument Ridge Homeowners Association for irrigation purposes. Sewage disposal is proposed to be provided through individual septic systems. Our records indicate that well permit nos. 56566-F,56572-F, 56582-F, 56583-F, 57700- F through 57705-F were issued forWell Nos.2,8, 18, 19,5 and 21 through 25, respectively. Review of the files verifies that the permits are valid for the proposed uses. Well tests completed by Samuelson Pump Company between October 29,2001 and February 27,2002 for Well Nos. 2, 5, 8, 18 & 19 indicate that the production range was from 12.0 gpm to 14.3 gpm during four hour testing periods. lf the additional wells have similar production rates and adequate storage capacity is provided, the water supply should be physically adequate to supply the proposed uses. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1XhXl), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits per the District's Substitute Supply Plan, and is physically adequate. Note that use of the irrigation water rights must not result in an expansion or change of use, and approval of a change of water right application by the water court may be necessary Garfield County Planning Dept July 12,2002 Monument Ridge Preliminary Plan Page2 if the place or type of use is changed. lf you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWl(CMUMonument Ridge.doc cc: Alan Martellaro, Division Engineer Robert C. Klenda, Water Commissioner, District 45 Jr,,. 1 fr I00t Name of application: Monument Ridge YJ: Garfield Countyrequests yourcomment in review of this project.Please-notifythe planning Department in the event you are unable to respond by the deadline This form may be usedfor your response, or you may attach your own additional sheets as necessary. Wri6en commeots may be mailed, e-mailed, or faxed to: Garfield County Building g planning Staff contact: Fred Jarman 109 8tr Streel Suite 301 Glenwood Spnngs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date: 711512002 GARFIELD COLINTY Building & Planning DePartment Review AgencY Form Date Sent: 6t24l2o\2 -.SB|ELD COUNW comments D|]r*z 7t22t20dry["DtNG & ptANNiNCi General Revised 3l3OlOO there are changes to the driveways I would need to review these changes JUL-17-02 I^IED 07:17 AI{ HIGH COUNTRY ENGINEERING FA){ N0, 970 945 2555 .i) ti(tt t . ..: a,rll March 8,2001 : , ," Eeter Heheman, President, Hoothills Larrd & Dd{eloptnont, lnc l'9423 N, Turkey CrEek Road, Suits B . Mortison, CO 80465 i *o: Inclusiou i j') Dear Mr. Helneman: ,in* you for yow tettsr of Mgrch 5, I Thc lqng-standing potioy of the Bottlcmcnt Mese MctropoUtaD District is [ur'no inchsiors will bc authorizcd. Ahlrough the polioy hns not hon rs-visite0.in the last sevsrEl yeaffif tlrere is no r&ason ro believe that the polloy hes churged. Ttro only rccent dlsaus$lon of the hifusion polloy f0cused on ability of Distrlgt's intaflructure to servc a greeter amount ofproporty ttranciurcntty cbmmirted for servlce. [ rcporred to the Board t]rat I bclicvcd tlut thc srrvice-drci strould not bc expanded as the cost to Insrease water ud sewoi plant capaoiries wat prohlbitlve, and was orre of s;veral expensive problems to be resolved,. l-BE'ftlffi-enrMeEMEtroEpUI4rDi$rig-r Very tnrly yor.lrs, {.7fuo&,L'& Bruce Snith Distrlct Monagu cQ: Board of Dirsctors t', i.r P,o. Box 6116, BATTT,EMENT MFSA, cO tt6t6 . (Soi) ztS.90S0 'l I I JUL-I7.02 [^IED 07:17 AI{ HIGH COUNTRY ENGINEERING I:AX COVER SHEF:'T l5l7 Jllrlrc An:nuc Suirx l0l. (ilcursorxl Sprirrgr. C() O-tj'9,_._ -... FA)( N0, 970 945 2555 945-86?6.L 14 lrrvrntrtt t)rir c Esr Sttitc lt l'H Erglcwofil, C(r 80ll2 T r,, l. .-. J r^ri OIC A( rI l'.g ,?rft\ rlt(.n(A? HIGH COUNTRY ENGINEERING, INC. clriNwooD SPRINGS FAX (e70) 94s-2555 DENVER FAx (303) e2s-os+7 DATE: JuIy 16,2002 TO: FrcdJarln.ln' Garlicld County Btrilding anrl Planning FAx NUMI|FIR: 3fiF!100 4 24{'7?Yf IROM: Scott.Stcvens HCIi PROJECT NUMBIiR; 2000060.0 I ToTAt, NTIMBER Or PAGES, INCLUDING THIS CoVER PAGIi: 2 II RIIil DESCRII'TION OR ADDI1I ONAL INFORM ATION: Attacherl is thc copy ofthc lcttcr rccciverl from thc Battlenrent Mcsa Metro District. It wouldliot bo practical to tie into thc Plrachuto sy.stcm since it <Iischarges into thc Battlemont Mesn Merro District aud, is undcsirlble due to thc gcograPhical location, Scott Stevens IIyou havc atry problonrs rcccivirrg this transutissiolr, ploa.sc call (970) ORIGINAI, MAILED ORIGINAT NOT MA II,T.:I) P, 01 P.O. Box Glenwood THOMAS P. DALESSANDRI Garfield County Sheriff Date:1vrc25,2A02 Telephone: . i: ngcrlvED JUN 2 7 *L t TorB,ffiiry:#FMfrry ,4 / From:Jim Sears, u&ercneim/M 2 Re: Montrment Ridge Preliminary Plan /' The Sheriffs Office has reviewed the attached sketch ptan for the Monument Ridge Preliminary plan and would like to address the following "oo""*r. l) The need to ensure all access roads are of sufficient width to accommodate fire and EMS equipment. 2) Any roads tlrat aIe a dead end or cul-de-sac type should have an ending radius large enough to accommodate fire or EMS equipment's turn around ratio. 3) AIl roads and roadways shall be clearly marked with correct Cf,rirty road numbers and ou-"*. 4) All street addresses be clearly ma*ed and visible fromthe County road or access roads. Fax: (970)945-6430 ffi G ilrfie[il County S cfw o[ Dlstrlut No. Dr. Steven A. McKee, Rose H. Belden, Business (970128s-77s9 FAX: (e7ol21s-e1zlNL I g ?0$2 JffiBI8$tH[' July 18, 2002 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 To Whom It May Concern: On behalf of Garfield County School Distict No. 16, I would like to address the concerns of the school distnct pertinent to the Monument Ridge Subdivision. Although our school district welcomes the growth and development in our area, amajor concern is the impact that such growth would Lave on the school district. The school district is requesting that the county consider imposing impact fees for this subdivision. Recently, the electors voted on the school districibond to build a new high school and construct an addition to the elementary school to address the growth; however, with more and more subdivisions being created, the school district will have to address overcrowding at the mlddle and elementary schools. The new high school was built to accommodate future growth' Also, the school districi would need to create an additional bus route, which would cost the district approximately $32,000.00 per year. In addition, as this new subdivision is being planned and developed, a great consideration should be taken into account for the condition of the existing roads, as well ur, uoy new roads being constructed. Currently, County Road 300 has a significant washboard surface, andt inclement weather, a slick muddy r*iu". creates safety concerns for our students being tansported in buses. The school district would propose that County Road 300 be paved as a significant part of the devclopment of the Monument Ridge Subdivision. In addition, the 600-fooi road with the cul-de-sac at the end should be paved to avoid future problems and safety issues for the school district transportation system and the community. Furthermore, the school district has continually experienced difficulty in the contol of domestic animals on school district properfy. Our staff and students are put in danger each and every day at Bea Underwood Elementary with several dog bites feiog ,iported this year. The distict feeh that appropriate actions on the part of Battlement_Mesa and the County are not being addrlss"d. Thus, tiie ccncem rvould be with tL; pioximity of.the new-subdivision is relation to the L.w. St John Middle School, which would also create an animal contol issue. This issue needs to be addressed' Thank you for considering our concerns. If you have any questions, please contact me,tfuough the Central Administration Offices at970-285-7759, or written correspondence can be sent to P.O. Box 68, Parachute, CO. Also, please feel free to contract me at my home telephone number at970-285-9034 or cell number at970-216'3816. Sincerely, fu/r,,fu,* Mr. Ronald A. Palmer Garfield County School Distict No. 16 Board of Education President RAP/mmg ADMINISTRATION OFFICES: 251 North Parachute Avenue, Parachute, Colorado 81 635 MAILING ADDRESS: PO. Box 68, Parachute, Colorado 81635 REFERRAL FORM Garfreld County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Da Return Req I' RECSIVED JUL 0 Z 2fJ0Z 970) 945-8212[Fax: (970) 945-7785 ofA iminarry Plan (970)94s-82L2 Phone: (970)945-8676 CR. 300 & CR. 303, a1 the southeast linr-it of Battlsnent s18, L9, &20, T7S, R95!{ tl s4f lots cn 181.9L8 acres The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporatethemintotheStaffReport,werequestyourresponsebyJW. l4onr-rnent Rtdge Subdi.visicn StaffPlanner: Ited Ja::mn Applicant: Foothills l-and DerreI Contact Person:11igfi CountrT Etgineering, n:c. nni"!. i:!!EFtESbUHCEIIIIIIIIITE N G I N E E R I N G I N C Mr. Fred Jarman Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: Monument Ridge Subdivision - Preliminary Plan Review Dear Fred: At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has reviewed the preliminary plan submittal for the Monument Ridge Subdivision. The preliminary plan application submittal is dated December 12,2001and was received by the County on June 21,2002. We reviewed the technical issues related to water rights and water supply, wastewater, drainage, geology/soils, wetlands, and roads. We conducted a field review of August 2,2002. Our comments are presented below. WATER RIGHTSMATER SUPPLY 1. The proposed water supply is from shared wells. The submittal indicates that five successful wells have been drilled on the property. We recommend that individual 2. The legal water supply is based on a water allotment contract from the West Divide Water Conservancy District. Contract No. 010531MRHA(a) has been obtained in the name of Monument Ridge HomeoWners Association. 3. The proposed subdivision is immediately adjacent to the Battlement Mesa PUD. The submittal indicates the Battlement Mesa Metropolitan District (BMMD) will not serve the proposed project. A copy of the letterfrom the BMMD should be included for the record. 4. Fire protection for the project has been left up to the individual homeowners. We recommend that the fire district, which will serve the area, be contacted for specific requirements necessary;for them torprovide-firE proteetiort lf on-site storage is required, it should be constructed as a central facility and not be left up to the individual homeowners. This is consistent with approvals for other subdivisions within the County WASTEWATER 1. ISDS systems are proposed for the subdivision. Soil profile holes and percolation tests indicate that conventional ISDS systems can be constructed within the subdivision. The 10 t acre lots within the subdivision are adequate for use of ISDS 2. Similar to No. 3 above regarding water service by the BMMD, a letter from the BMMD stating that they will not provide wastewater service to the proposed subdivision should be submitted for the record. Consulting Engineens and Hydnologists 9O9 Colonado Avenue I Glenwood Spnings, CO El1601 I t97Ol 945-A777 I Fax t97O)945-1137 AUG 0 7 lr/n? ryffitE?ffillil. RE 1. Mr. Fred Jarman Garfield County Building and Planning Dept PageZ IRR!GATION August 5,2002 1. A large portion of the project site has been historically irrigated, although in recent years only a small portion of the property has been irrigated. Paragraph 3.d.1. on page 6 of the Covenants attempts to define how the irrigation water will be used within the subdivision. However, this section of the Covenants is very general and vague and there is no clear understanding of how water is to be divided among the lots. ln order to prevent future problems among lot owners, a more specific division of water among the lots should be developed. DRA!NAGE The drainage plan in this submittal indicates in one paragraph that detention will not be required and in another paragraph indicates that detention will be required for the additional developed flows. This issue needs to be clarified and the drainage plan needs to demonstrate that it is in compliance with the Garfield County Subdivision Regulations. There is no analysis regarding the adequacy of the existing culverts, especially the County Road 300 crossing of Monument Gulch. As recommended in the CTL Thompson report, the drainage analysis must consider the debris/mud flow and include a 40o/o to 50% bulking factor. SOILS/GEOLOGY The project site has several significant issues related to debris flow and unstable slopes. Therefore, we recommend that building envelopes be developed for each lot. The site soils include expansive clays and compressible soils. ln addition, several driveways must cross unstable slopes. A plat should be added to indicate that due to geologic hazardand soilconditions, site specific geotechnical engineering studies must be completed for each lot. The Monument Ridge Road cul-de-sac is located in the middle of a debris flow area. The submittal should indicate that appropriate mitigation measures have been designed into the grading and drainage plan. VEGETATIONMETLANDS The vegetation report does not identify the extent of wetlands and waters of the U.S. within the property. This may be important as it relates to driveway crossings and building envelopes. 2. 3. 1. 2. 3. !:!!:F]ESOUFICEIIIIT!!I!IE N G I N E E F I N G I N C Mr. Fred Jarman Garfield County Building and Planning Dept Page 3 ROADS August 5,2002 1. 2. The proposed common driveway access for Lots 3 and 4 appears to be too close to the intersection of County Road 300 and County Road 303. This should be addressed at final plat. The proposed grading and drainage at the intersection of County Road 300 and the proposed Monument Ridge Road should be reworked. The proposed grading provides an adverse slope for northbound vehicles on County Road 300. The culvert should be lengthened and moved further away from the intersection of County Road 300 and Monument Ridge Road. A ditch will need to be constructed on the downstream side of the culvert to convey flows to the existing natural drainage. There is an existing high spot in County Road 300 approximately 150 feet from the 90 degree bend and proposed intersection with Monument Ridge Road. This high spot should be flattened out to improve site distance in this area. The proposed common driveway access for Lots 12 and 13 is an existing ranch road with also traverses Lot 1 1. lt is unclear why this road cannot also be used for Lot '11 access. Please call if you have any questions or need additional information. MJE/mmm 885-13.0 fi monumentridge.sss.wpd CC: Roger Neal, High Country Engineering 3. 4. Michael J. E :!:::EESOU FlCE IIIIIIIIIIE N G I N E E Fl I N G I N C P.O. Eox 19O8 1005 CooPer Ave. Glenwood SPrlngs, co 81602 ZatcaxELLA Arro Assoqarg, r{(. June 12,2002 Mr. Scott Stevens High Country Engineering, lnc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Hand Delivered RE: Monument Ridge Subdivision Preliminary Plan Dear Scott: Attached are the items which address the water supply concerns listed in the June 6,2002 letter from Fred Jarman of the Garfield County Building and Planning Department. The items include: 1. A copy of our April 10, 2OO2 water supply report for the Monument Ridge Subdivision Exemption. This report should have been attached to the April 25, ZOO2 water supply report for the Monument Ridge Subdivision. Judging from Mr. Jarman's concerns, the April 10 letter was apparently omitted from the Preliminary Plan submittal. Z. A revised copy of Figure 2, the Well Sharing Map, from the April 25, 2002 water supply report. Mr. Jirman indicated that the text on this figure was too small and unreadable. I have enlarged the lot number text. Mr. Jarman also asked about the status of the well permit applications for the proposed shared wells. We submitted the applications on April 25, 2002. The Office of the State Engineer requires six weeks to respond to well permit applications. We expect a response from them within the next few days. We do not anticipate problems with obtaining these permits. lf you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, lnc. cc: Peter Heineman Z:\21000121802 Monument Ridge Sub\HCE-PrelimPlanAdditions.wpd ErroNegnt r{6 Cof{ gr'JLrAttfr i \\ a Scslc In FcltBASE FRolI HIGH COUNIRY ENONEERING WELL SHARING MAP MONUMENT RIDGE SUBDIVISION RGURE NO. SCALE I DAIEi. - 5oo, I MARcH 19,2go2 S}tEET:10F1 F6t ('rEf E rE - 16 C@t arE[.E c.oarooo r'l'acs,6duoo a@ (tE) 9ao-'rroo DRAil{ BY: ICIIKD BY: IAPPO BY:BCPIBCPITAZ DRAUINGI Sitc PlonZA.drg Pr(uJLgr: ?18(.l? P.O. Box 1908 10O5 CooPer Ave. Gleirwood SPrlngs, co 81602 (97O) 9/r5-570O (970) 945-1253 Fax April 25, 2002 Mr. Mark Bean Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Monument RidEe Subdivision Dear Mark: As you are aware the owners of the five lot Monument Ridge Subdivision Exemption wish to subdivide the exemption lots #4 and #5 into attotal of 17 additional lots. Figure 1 shows the general location of the property and the approximate locations of Wells #2, #5, #8, #18, and #19, which have been drilled and tested. These wells were drilled to demonstrate that an adequate water supply can be developed to serve the proposed subdivision. The current exemption plan is for Lots #1 -#3 to be served by individualwells. This method for water service for these three lots will not change. Lot 11 of the new subdivision will be served byWell #8. The 16 remaining lots of the subdivision are proposed to share six wells, Well #5 and Wells #21#25 will be covered under well sharing agreements. Figure 2 represents the lot and well sharing configuration forthe new subdivision. These systems will be defined as non community bythe Colorado Department of Public Health and Environment, however, they are considered community systems by Garfield County. The developer will drill and,test the shared wells and provide the required distribution system piping to each lot. ln addition to the shared well system, each lot will have an individual well permit for elective use by the future homeowner. The individual well permit will allow the future home owner the flexibility to explore the large lot at their discretion, while still providing a tested water supply for each lot from the shared wells. Water Recluiremqnts Table 1 , attached, presents the diversions and consumptive use for the proposed 17 lot subdivision. We have assumed that each EQRwill represent 3.5 people using 100 gallons of water per person per day. We have also included two livestock units per lot in the water service plan. For our calculation, we have presumed that water will be diverted to irrigate up to 2500 square feet of lawn or other equivalent outside uses at each lot. Leoal Supply As can be seen from Table 1, the 17 lot subdivision will divert an average 10.40 AF annually, and consumptively use 3.79 AF. The peak month of July would require a ZatcarilLA Ano Assoaars, lr{(. 6rrorregnil\ G (oNslJt Tar{ fl t continuous average diversion of 9.5 gpm for all seventeen lots. Table 2 represents the estimated water requirements for the 3 lot subdivision exemption. The exemption will require diversions of 1.84 AF and will consumptively use 0.67 AF per year. Finally, Table 3 presents the total requirements for the combined 3 lot exemption and the 17 lot subdivision for 20 units. The property is located within Area A of the West Divide Water District and is eligible for the District's temporary exchange plan approved by Garfield County and the Colorado Division of Water Resources. A contract from the West Divide District for up to 20 EQRs for a total of 4.90 acre feet, including transit losses, has been approved by the District. This contract covers both the 17 lot subdivision and the three lot subdivision exemption. A copy of the West Divide contract is attached. lt is our understanding that the water contract for both the exemption and the subdivision will be administered by one water or homeowners association. Copies of the well permit applications forthe shared wells, Wells #5, #21, #22, #23 #24 and #25, for the proposed subd ivis ion are attached. Physical Supply We have attached a copy of our April 10,2002 report as evidence of a physical water supply that will be available for the proposed new subdivision of the exemption lots 4 and 5 as shown on Figure A attached. lf you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, lnc. Attachments cc: Peter Heineman Z:\21 000t21 802 Monument Ridge Sub\Bean-WaterSupply-All.wpd Thomas A. Zancanella, P.E. 2 \ >.?, {[\_'-,--r( .:l.i .l\T7S PROJECT LOCATION MAP MONUMENT RIDGE SUBDIVISION EXEMPNON FIGURE NO. rE I D^TE 1' = 2fit(f I APRIL 2\ 2N'2 SHEET:10F1 DRAH{ BY: ICflKD gY: IAPFO BTscplscplrez [EATNG: l-ocTopo-drg FC'C}'E E IE - 16 GEE AgIcLErE H, OEC|E aG (frtr a.!{A FxuJEUr:21gO2 t Scolc ln Fct tw llLC.l '\ Scdc ln FrtBASE FROI }IIG}I C'IJilTRY ENONEEENG WELL SHARING MAP MONUMENT RIDGE SUBDIVISION FIqJRE NO. SCALE I DA]Et' = 5otl I lrARo{ 19. 2m:z SHEET:10F1 PCY ffi E 'E - 16 OEE AgIllEE tE 6!.CEAG (lilaa$ CTIXD BT IAPPO BYiBcP I rez UIIAH trY: BCP DRANXG:St PtqlzAdrg FKUJEsr:218O2 Table I - Monument Estimated Water Ridge Subdivision Requirements Pond Surface Area 0.00 acres Annual Net Evaporation 2'91 ft Livestock @ 15gal/day 2.00 units # gallons/daylunit 15.00 gallons lrrigated Open Space 0.00 acres Application EfliciencY 70o/o # of Commercial Units 0.0 # persons/unit 3.5 #gallons/person/day 100 gPcd Percent Consumed 15o/c Lawn lrrigation 2500 sq-fUunit Application Efliciency 7oo/o # of Residences 17.0 units # persons/residence 3.5 caP/unit # gallons/person/daY 100 gPcd Percent Consumed 15% Lawn lrrigation 2500 sq-fUunit Application EfliciencY 70% iffittol (11) (121 (13) (14) Domestlc Commerclal Dom\Gomm Open Space Livestock Average ln-house tn-house trrigatlon lrrigation Total Flow (ac-ft) (ac-ft) (ac-ft) (ac'ft) (ac'ft) (4) (5) (6) (7) Domestic Commercial Dom\Comm Open Space Livestock ln-house ln-house lrrigation lrrigation Total Flow 0.085 o.o77 0.085 0.082 0.085 o.082 0.085 0.085 0.082 0.085 0.082 0.085 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.19 0.30 0.45 0.48 o.41 o.28 0.11 0.00 0.00 2.21 0.00 0.05 0.00 0.04 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.05 0.13 o.12 0.13 0.31 0.44 0.58 0.61 0.54 0.41 0.24 0.13 0.13 3.79 1.0 1.0 1.0 2.4 3.2 4.4 4.5 4.0 3.1 1.E 1.0 1.0 2.34 0.566 0.511 0.566 0.548 0.566 0.548 0.566 0.566 0.548 0.566 0.548 0.566 6.664 0.00 0.00 0.00 0.00 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.26 0.43 0.64 0.68 0.59 0,40 0.15 0.00 0.00 3.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.049 0.044 0.049 o.047 0.049 o.o47 0.049 0.049 0.047 0.049 0.047 0.049 0.57 0.61 0.56 0.61 0.86 1.05 1.24 1.30 1.20 1.00 0.77 0.59 0.61 10.40 4.5 4.s 4.5 6.5 7.6 9.3 9.5 8.8 7.5 5.6 4.5 4.5 5.44 January February March April May June July August September October November December Annual Water Use Calculations ZANCANELLA & ASSOCIATES, INC.Eqruso17Lots.123 o4t25l02 Table 2 - Monument Ridge Subdivision Exemption Estimated Water Requirements Pond Surface Area 0.00 acres Annual Net Evaporation 2.91 tl Livestock @ lsgalday 2'00 units # gallons/day/unit 15.00 gallons lrrigated Open SPace 0.00 acres Application EfficiencY TOY, # of Commercial Units 0.0 # persons/unit 3.5 #gallons/person/daY 100 gPcd Percent Consumed 15o/o Lawn lrrigation 2500 sq-fUunit Application EfficiencY 70o/o # of Residences 3.0 units # persons/residence 3.5 caP/unit # gallons/person/daY 100 gPcd Percent Consumed 15Yo Lawn lrrigation 2500 sq-fUunit Application EfliciencY 70% (11) (121 (13) (14) Domestlc Commerclal Dom\Comm Open Space Livestock Average ln-house ln-house lrrigation lrrigatlon Total Flow (3) - (4 (s) (6) (7) Domestic Commercial Dom\Comm Open Space Llvestock Avelag ln-house ln-house lrrigation lrrigation Total Flow (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) 0.01 0.o1 0.01 0.01 0.01 0.01 0.01 0.o1 0.01 0.01 0.01 0.01 0.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.o0 0.00 0.00 0.00 0.00 0.00 0.03 0.05 0.08 0.08 0.07 0.05 0.02 0.00 o.oo 0.39 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.10 0.02 0.02 0.02 0.06 0.08 0.10 0.11 0.10 0.07 0.04 0.02 0.02 0.67 0.2 o.2 o.2 0.4 0.6 0.8 0.8 o.7 0.5 0.3 o.2 o.2 0.41 0.10 o.09 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 1.10 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.05 0.08 0.1 1 o.12 0.10 0.07 0.03 0.00 0.00 0.56 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.01 0.01 0.01 001 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.10 0.11 0.10 0.11 0.15 0.18 0.22 0.23 0.21 0.18 0.14 0.10 0.11 0.8 0.8 0.8 1.1 1.3 1.6 1.7 1.5 1.3 1.0 o.8 0.8 1.14 January February March April May June July August September October November December Annual Water Use Galculations 04t25t02 ZANCANELLA & ASSOCIATES, lnc'EoRuse-Exemp.123 - Table 3 Monument Ridge Subdivision Estimated Water Requirements Surface Area 0.00 acres ual Net Evaporation 2.91 ft stock @ lSgal/day 2.00 units # gallons/daylunit 15.00 gallons lrigated Open Space 0.00 acres Efficiency 70% # of Commercial Units 0.0 # persons/unit 3.5 # gallons/person/daY 100 gPcd Percent Consumed 15% Lawn lrigation 2500 sq-fUunit Application Efficiency 7Oo/o # of Residence s 20.0 units # persons/residence 3.5 caP/unit # gallons/person/daY 100 gPcd percent Consumed 15o/o Lawn lrrigation 2500 sq{Uunit Application EfficiencY 70% Water Use Calculations (s) (s) (10) (11) (121 (13) Domestic Gommercial Dom\Gomm Open Space Llvestock Average ln-house ln-house lrrigation lrrigation Total Flow tst (6) (7) Domestic Commerclal Dom\Comm Open Space Livestock Averag ln-house ln-house lrrigation lrrigation Total flow 0.100 0.090 0.100 0.097 0.100 0.097 0.100 0.100 0.097 0.'100 0.097 0.100 1.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.22 0.36 0.53 0.56 0.48 0.33 0.13 0.00 0.00 2.61 0.06 0.05 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.67 0.16 o.14 0.16 0.37 0.51 0.68 0.72 0.64 0.48 0.28 0.15 0.16 1.1 1.1 1.1 2.8 3.7 5.1 5.3 4.7 3.7 2.1 1.1 1.1 0.00 0.00 0.00 0.00 ,0.00 o.oo 0.00 0.00 0.00 0.00 0.00 : 0.00 0.00 0.666 0.601 0.666 o.644 0.666 0.644 0.666 0.666 0.644 0.666 0.644 0.666 7.840 0.00 0.00 0.00 0.00 0.00 o.o0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 031 0.51 0.75 0.80 0.69 048 0.18 0.00 0.00 3.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.057 0.052 0.057 0.055 0.057 0.055 0.057 0.057 0.055 0.057 0.055 0 057 0.67 0.72 5.3 0.65 5.3 0.72 5.3 1.01 7.6 1.23 e.0 1.45 11.0 1.53 11.1 1.41 10.3 1 .18 8.s 0.90 6.6 0.70 s.3 0.72 5.3 12.23 7.57 January February March April May June July August September October November December Annual 25-Apt42 Zancanella. & Assoc., Inc. Water Resources Engineers Glenwood Springs, CO Job# 21802 eqruse westdiv.wk4 ii::ii:::::::::ii:::,:,:::ii!:i::ii!:iii:!::jii::::ii:;i:!::i:i:::i:::::ii::r:i:;:ill i:::iiii,i!:ri:::!,i!::;riii:irii:it::';!i::ii:!::lc'd'it6uiiliiti*Ei:{liiCiili::i:::i:,::ii:::i::i:::::iii:i::ii COLORADO DIVISION OF WATER RESO''R.CES DEPARTMENT OF NATURAL RESOUR( 1313 SHERMAN ST., RM 818, DENVER, -- 80203 phone - info: (303) 86G'3587 main: (303) 866'3581 far (303) 86G3589 htb:/,vu,riv.water.state'co.us Office Use Only I rorm cws45 (1/2,ol) GENERAL PURPOSE Water Well Permit APPlication Review instrustlons on revenie side prior to comPleting form. The form must be completed in black ink. '1. Applicant tnformation 6. Use Of Wel! (check applicable boxes) Narf, of applicant Monument Ridge Homeowners Association c/o Peter Heineman Attach a detailed description of uses applied for. ! lndustrial E Other (describe): Domestic flMunicipal ! lnigation E Commercial irailing address 19423 N. TurkeY Creek Rd., Ste. B City Monison State co j Zpcode i 80465 Telephme # (303) 697-0678 used for crop iniqation, attach a scaled map that shows irigaled area. I\,taxlrrum purprng rdts I Annual anEunt to be wilhdmm 15 spm | 12.23 cumulative acre-feet 95 ,"", I Wasatch Legal Description (rnay b6 prouded as an attadrrnsnt): Sge AttaChgd Z. fype Ot lpplication (check applicable boxes) ft Construa newwell EI Use exisUng well I Replace existing well El Change or increase use ! Change source (aquife| tr Reapplication (expired permit) E other: 3. Refer To (if aPPlicable) Well penrit # 56569-F Water Court cas€ f, Designated Basin Determnaron Well narne or # Monument Ridge Well#5 4. Location Of ProPosed Well Ccunty Garfield NE 1/4 o, rhe NE 1t4 A. #Acr6 200.0 B. ovmer Foothills Land & Developme il i townsnip Nors I1s lt trA Range ore5 trB E Principal Meridian 6th List any other v,rells o( water rights used on this land: tyPrcally not Property lines) 620 Ft. rrorn EI N E S 920 Ft' rrom [l E E W 9. Proposed Well Driller License # m old well to ner| well feet direction 10. Signature Of APplicanl@ !(s) Or Authorized Agent rrein constitutes periury in the second lass 1 misdemeanor pursuant to C.R.S. stiatements herein, know the contents -Wa-i'iGii6n'aoo ress (rr appticaute )degree, whach is punishable as a 244-104 (13Xa). I have read the Optional: GPS well location information in UTM format Required settings for GPS units are as follows: Sign here (Must be ongrha, signatute) -t7l L.rr.vvrs-r\ F-t t.- PrinL name & title Office Use Only ffi o' I DwR mp no. I Surtace elev it Fod€t rrust be UTM Zone rru$ be 13 Units rrust be Meters oatum rrust be NAD27 (CONUS) Unit rrust be set to Uue nonh wer€ points averag"or Eves E ruO Northing Easting 5. Parcel On Which WellWill Be Located A. Legal Description (rnay be prouded as an aitachmen0: Monument Ridge Subdivision Receipt area only WE WR cwcB TOPO MYTAR s8s olv- w0- BA- MO - B. # of acrss in parcel 200.0 C. owner Foothills Land & DeveloPment D, will thisbe theonlywell on this parc3l? EvgS EluO (irno-listotherwells) E. Stale Parcel 10il (optional): DEPARTMENT OF NAIUT{AL KE5UURUE5 1313 SHERMAN ST., RM 818, DENVER 80203 phone - info: (303) 86&3587 main: (303) 86. t1 far:.water. GENER.AL PURPOSE Water Well Permit APPlication Review instructions on reverso side prior to completing form. The form must be completed in black ink. GFplicant lnformation Nanr of aPplicant Monument Ridge Homeowners Association c/o Peter Heineman 6.UseOfWell @ Attach a detailed description of uses applied for. ft lndustrial El ottrer (describe): Domestic ! Muniopal E lnigaUon I Commercral 7. Well Data (proposed) Maling addrest 19423 N. TurkeY Creek Rd., Ste. B Ei, , State '; ztgcode Morrison CO : 80465 Tdc9trmcr r3031697-0679 Mairrum puflptng rate 15 spm Annual arDuni to be withdrawr 12.23 Cumulative acre-feetmypeEi Application (check applica EEt depth I Aqurlcr 2oo s"", I wr."t"h Legal oescnption (,rBy b6 proudcd as an attadrnrntl, Monument Ridge [t Construct newwell E Use existing well ! Replace existing well I Change or increase use ! Change source (aquifeO tr Reapplication (expired permit) E ourer: 3. Refer To (if aPPlicable)Subdivision attach a scaled mag that shows inigated area.) wdl permt # | I -esignateo Basln Determnaton f I water Coun case # Well na[E or f Monument Ridge Wetl#21 4. Location Of ProPgeellwe!! County Garfield SW 1/4o,thr NW 114 A. # Acres 200.0 B. owner Foothills Land DeveloPment -S€ctia---------Tomsh'p NotS i Range Eorw I Principal Mcndian zo '7 trtr igs tr8 io" -Oisrancc ot 'rott trom scaon lines (s€Grion lines arB typically not property lincs) 1620 et. r., EI N E S 445 Ft' rrom E E El W Li$ any olher w€ll3 or watGr rights used on this land: 9. Proposed Well Driller License -Fffiacefiint wdts only - dlsrance and direction ,rom old well to ns well feet direction 10. Signature Of APplicant The making of lalse statements h€ t(s) Or Authorizecl Agent lrein constitutes pertury in the second lass 'l misdemeanor pursuant to C.R.S. statements herein, know the contents Wat locatron addes, (rf applacable)degree, which is PunishaDle as a 24+104 (13)(a). I have read the Opuonal: GPS well location information in UTM format Required settings for GPS units are as follows: hora (Must bc oaorhrr slgnaturel Office Use Only USCIS rmg name I OwR fl€9 no' ' Sutlace elev' ;i i FonrEt mJst be UTM , Zona rrusl be 13 Northing Unrts rrust be Meters Darum rrusr be NAD27 (CONUS) Unit trusi be set to true nonh : Easting wefe oornts averag"oz lves ! ruo 5. Parcel On Which WellWill Be Located A. Legal Descnption (mav bc prouded as an attacimnt): Monument Ridge Subdivision B. , o, actes in parcel 1 C. owler 200.0 i Foothills Land Development i orv_ w0_ WE WR CWCB TOPO MYI-AR SB5 Receipt area only D, will this bo th. only wcll on lhis parcel? [VeS [tNO (if no - list olher wells] E. s!'tc eercel lo, (ogtional): thereof and state that DEPARTMENT OF NATURAL RESOURCTq 1313 SHERMAN ST., RM 818, DENVER, 80203 phone - info: (303) S66'3587 main: (303) 866 - -l r:v. 13O3'l 866-3589 htto:/Arttunr.water.state.co.us 6. Use Of Well (check GENERAL PURPOSE Water Well Permit APPlication Review instrustions on novenio side prior to completing form' The form must be completed in black ink. boxes1 - Anolicant lnformation l{aflr of aPCicant Monument Ridge Homeowners Association c/oPeterHeinL Attach a detailed description of uses applied for. Et lndustrial [t Ourer (describe): Domestic I Municipal fi lmgation ft Commercial - I z. wett Data (proposed) M.iling ad6russ 19423 N. TurkeY Creek Rd.' Ste. B il -istats iaocodr- |Monison i CO : 80465 I Td3phm. f 13031697-0678 Annual arfinrnt to be wihdEwr 12.23 Cumulative acr+feet Tvee Of Aeelication (check applicable boxes) I Consrua newwell E Use exisUng well ] Replace existing well ! Cnange or increase use ] Change source (aquife0 tr Reapplication (expired permit) I oner: 200 feet 8. Land On Which Ground Legal Description (nray be provded as a Subdivision Wasatch Water Will Be Usedffi Well permt *Watct Coun case # used for croD imqation. attach a scal€d map that sho^'s inigatod area] Well name or # Monument Ridge Well#22 @edwell County Garfield 1/4ofth? NE 1t1 A. #Acres iB. owner 2OO.O I Foothills Land Development ffi inange Eorw 1e i7 trtr igs trE Principal MGndian ^tho Lisl any othcf wdlS or walcr nghts used on this land: ffi linss arc typcally not property lincs) i t5 Ft. rrom fit N tr S 490 rt. t'o'n E E EI w 9. Proposed Well Driller License @; and direclion from old well to nfl rell feet direction 10. Signature Of Applicant(s) r:r nlrlnon-zeo.ngent . @ts herein constitutes perlury in the secon-d - degree, which is punishable as a class 1 misdemeanor pursuant to C'R'S' 244-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here ( T^. Print narnc signarure) A LL o Office Use OnlY USCS map nilno ' DWR rnap no' i Surface elev' il,' Well locaton addresS 0t aPplrc:rore, Optional:GPS well locatton information an UTM format Required settings for GPS units are as follows: ForrBt trust b6 UTM Zon6 rrust bc 13 Northing Units rrust bc Mcle6 oarum rrusr be NAO27 (CONUS) Unit rru$ be set to true nonh Easting were ponts aYerag"or Evgs E r'ro S. parcet On Which WellWill Be Located A. Legal Descnption (rnav be prouded as an atuchrnent): Monument Ridge Subdivision Receipt area only WE WR cwcB TOPO MYI.AR s85 DIV WO E. * of "cr"s 'n p",".t C. omef 200.0 i Foothills Land Development D. witl this be the only wrll on thi3 patcel? QveS filHo (f no - lisl other wdls) E. Surc Parcct lor(oPltonal): I ! gpm depth GENERAL PURPOSE Water Well Permit APPlication Review instruc{ions on revorse side prior to completing form' The form must be completed in black ink. 1. Applicant lnformation Monument Ridge Homeowners Association 19423 N. TurkeY Creek Rd.' Ste. B @-- -t Staio i lP-t"djMorrison !CO 180465 1303t 697-0678 [t Construa new well E Use existing well ! Replace existing well EI Change or increase use I Change source (aquife0 tr Reapplication (expired permit) 3. Refer To (if aPPlicable) i I I # i Well name or # i Monument Ridge Well#23 4, Location Of ProPosed Well I I I 1/4 of thc NW l Principal Mffdian ;; :7 trEIiss trmio* @ are typicalty not propcrty lines) 960 Ft.rromBNES 60 Ft.rromEEEW @r€cribn rtom old well to nelfl well feet direction bptionalr GPS well location informatron in UTM format Required sefings for GPS units are as follows: ForrBt ru$ bB UTM i ZonG rrust be 13 ' Northing UniB rnist be Metent Unit tn sLbe sel to true nonn , EaSting were pornts aYerag"or flves [ rc 5. parcet On Which WellWill Be Located A. Legal Descnption (rnay bc prouded as an altachment): Monument Ridge Subdivision Boa acr6 rn parcel i C. OMer 2OO.O ; Foothills Land DeveloPment witl ttus bc tha only mll on lhis patca{r lveS0. will ttus bc tha only mll on lhis patca{? LIYES QSNO (il no - tist othor wdls) E. Starc Parca loil(oPlional): DEPARTMENT OF NATURAL RESOURCFS 1313 SHERMAN ST., RM 818, DENVER, 80203 phons - inJo: (303) 86&3587 main: (303) 866 -1 6. Use Of Well (check appliqable boxes Attach a detailed description of uses applied for. E lndustrial El Otner (describe): Domestic E Municipal E lnigation EI Commercial 7. Well Data (ProPosed) Maxirrum Purrping rate 15 spm i lZ.Zl Cumulative acre-feet Annual arrEunt to ba Aquifer 200 igrl I Wasatch A. Land On Which Ground Water Will Be Used Legal Description (rrEy be pmvided as an attadrruntt: Monument Ridge Subdivision , attach a scal€d map that shows B. own6 Foothills Land DeveloPment List any othcr ttells or water righls us€d on this land: Well Driller License 10. Signature Of t(s) Or Authorized 4994 thereof and state that they are true to my knowledge. -@iuret :oatc depth narae & title Office Use Only 'T\,.o.^,,o.i -V\rt OZ ISurface etev. area only Drv_ wo_ BA_ MO _ A. # Acreg 200.0 me meRrng-aElse stiatements herein consututes perlury in the second - degree, which is punishable as a class 1 misdemeanor pursuant to C'R'S' 244-104 (13Xa). I have read the statements herein, know the contentsWEI l,c€at on addre$ (,1 aPflrcaDle) USGS nEo name owR rEo no. WE WR cwcB TOPO MYI.AR S85 GENERAL PURPOSE Water Well Permit APPlication Review instructions on revelse side prior to completlng form' The form must be completed in black ink. Monument Ridge Homeowners Association irailinE addr63 19423 N. TurkeY Creek Rd.' Ste. B Monison iCO r80465 r303t 697-0678 ffipe of Application (check applicable boxes El Construct new well E Use existing well I Replace existing well fl Change or increase use E Change source (aquifer) EI Reapplication (expired permit) g- Refer to (if aPPlicable) Wcll pemtt * i I I Monument Ridge Well#24 I i Eor tr tly nol Property lines) g tt.rrcmE N [t S 50 rt.r'om8 E EI W @lreaion from otd wetl lo newweil feet direction Optional: GPS well locatlon information in UTM format Required senings for GPS units are as follows: .Fomtflusr be UTM Zone arust be 13 Units ,rust be Maters Unrt mrst be set to true nonh I Easting were pons averageor Eves E ruo i Parcel On Which WellWillBe Located A. Legal Descnption (nlay bc provided as an attachrnent): Monument Ridge Subdivision El *otrcr".,np"*a iC. owner 2OO.O i Foothills Land Development D. will rhis be the only well on this patcel? lves [tNo (if no - list otherwells] DEPARTMENT OF NATUI{AL I{ESUURUF- 1313 SHERMAN ST., RM 818, DENVER' IO2O3 phone - info: (303) 866'3587 main: (303) 866'- - - ' hx: 6. Use Of Well (check boxes Attach a detailed description of uses applied for. ! tndustrial EI otner (describe): Domestic fl Municipal [ttnigation ! Commercial 7. Well Data (proposed) Marimrm purping rat6 15 spm Annual anEunl to bc '12.23 Cumulative acre-feet Aqurlef i Foothills Land Development 200 y""1 i wasatch ffiundwaterwill BeUsed Legal Description (rnay bc prouded as an atlachmenrr MOnumgnt Ridge Subdivision (lf used for attach a scaled map that shows 'otal A. f Acres 200.0 C. List any othcr wgls or \,Eter rights used on thB land: sed Well Driller License s) Or Authorized Agent thereof and state that they are true to my knowleclge. - , @ oate A.Z -e.v\ q Office Use OnlY USGS map natne OwR rnap no' I Surtace elev' area only of otv_ wo_ BA- MO - t. loptic'ant tnformation Telcptrotrc # Z-lEation Of Prooosed Well -5e6on-- 18 statements herein consftutes pequry ln me secono W]llcn ls punlsnaolg a5 a class I IItlssElrrE6rrvr yut-uqrrf !v v'r\ 13)(a). I have read the statements herein, know the contents WE WR CWCB TOPO MYUR S85E. Statc Parcel lO#(oPdonal): DEPARTMENT OF NATURAL FESOURG" * isi: sxenlrtAN sr., RM 818, DENvER, 80203 ohone - info: (303) 866'3587 main: (303) 866--'11 i--. ran,rr AAA-15R9 htto r/rivri/w.water.state.co. us Water Well Permit APP|ication Review instruc{ions on ravente side Prior to completlng form' The form must be completed in black ink' 5. Use Of Well (check applicable boxesT a.itinant lnformation Na,na ol agcicant Monument Ridge Homeowners Association c/o Peter Heineman Attach a detailed descnption of uses applied for. EI lndustrial El Otner (describe); Domestic ! Municipal $ lnigation E Commercial 7. wett Data (proposed) Mailing addrcss 19423 N. TurkeY Creek Rd.' Ste. B i zip codeCityMomson iCO i80465 Tdaphmr # tgosr 6e7-oqq_ffi Annual anrunt to ba wlhdftlv'n 5 gon I e.23 Cumulative acre-feet cratoeph ! I Con.t a new well E Use existing well ! Replace existng well ! Change or increase use E Ctr"ng" source (aquifer) E Reapplication (expired permit) 2OO r""t I Wasatch ffiund water will Be Used tegal Description (nay b. ro'id.d as an attadrntT tlt MOnUmgnt Ridge Subdivision3fefer To (if aPPlicable) =- r* ! Monument Ridge Well#25 7J.'eation Of Prooosed Well scaled mao that shor6 inigated aroa. -County IGarfield lSg *",t", =?E ,,, ,]'o \ *4o"" i B' owYrcr ZOO.0 | Foothills Land Development gorW i Pnnopal Mendian 1R ',7 tra l gs tra io*Lisl any other wells ol seter nghB used on lhis lancl: ilY not ProPeflY lines) ffi---: Ft.tm!NES 575 rt'rrom8EEW g. Proposed Well !4!!el!!cense *ettFor reCacgment wells only - dl$a' feet direction 10. Signature Of Appttcant(s, ur Aulns.rlles.lrgctrt . @cbnstitutes periury in the second -. ^,,'c!'a^t rn f. trl S ffium address (rf applicable)dggrge. wnlcn ls punlsnaole as a Lldss I rrrr)usrrrEsrrwr Pvrrssr" '!v vir \' Z&-1oa (13)(a). I have read the statements herein, know the contents rharmf and state that thev are true to mY knowledge. Optional: GPS werl location information in UTM format Required senings for GPS units are as follows: Sign here (Must he oagirr, signature) {I II Fornrat tru$ be UTM . ZonG trust bc 13 i tlorttring Units trust be Metcrs : Oalum nilst be NAO27 (CONUS) Unit rrusr be set to l.rus nonh : Easting -iLo.nq\ .\ Cwr*con- 9Vt9 *1 tzZl or Pf,nt namc & tiuo Office Use OnlYL-l t*o no' i Surlace elev' =ffiei on whGn wetlwilt Be Located A. Legal Descnption (nray oe provided as an atlacJrmenl): Monument Ridge Subdivision IlEl- ootlc,".inp"r"", C. omer I iOO.O Foothills Land Development I O. *,,t ,t " t" -" ontv wal on tnis parcetz lvES ffllo 1rt no - t'st othcr wclls) It_ WE WR CWCB TOPO MYI.AR s85 WD area only E. sotc Parcet lo' (optonal): rrst, Lu 1? 5 J/.1-JYqe Activated OS/3t/OL WEST DIVIDE WATER CONSER\A\ICY DISTRICI WATER AILOTT'IEI{T COIi:TRACT/LEASE :rare,:f AopliclnE: -tlp.:f::nent, Ridge. HOmeorsners Assn.r-lO Dare.r''r{ai ncma11 ,)uanclt:/ or liaEer in Acre Feec: Aoplicant. hereoy appiies Eo uhetJestDividellaterconser,rancy 0istrtc:. a political subdivisionor Ehe sLace )r loloraoo. organ:rzed pursuanr Eo and exlstlng by virrue of c.R.s. 1973. s37-45-I01. et seo., (heretnafter refeffed to as :he ..Disii".lcE,) ior an allocnent contract/lease Lo benefioally and perpetually use riater olxaEer rlghts owned' leased. or lerearter scQurr€d by the Distnct. gy execucron of this contract/lease and the aEtached applicac'ion, lpplicant hereby agrees :,0 che io I I ow i ng tems ancl condt t't ons : L. ilarer Riohts: Aoplicant shall orrm waEer crgnts at, ihe poinu of diversion hereln lawfuily enE,ll'ling ,ioo,canc io uivert .iaf,er. /in.tch wil l be suoplemented and augrcnteo by waEer leased her€in. if Aoplicanc Inlenos io diverE :nrougn a ^eil it Inust be unoerstood oy Applicant EhaE, no flgnc lo oivert exlsts untii a valid'"eil permtL is oDEaineo rrcm :ne (:oioraoo C'ivtsron of l'lacer Resources. ?. ouanpit.r: r,lauer aoplied for by the Aoplicant in the aflrcunc set i'orth above shall be diverted ac iopiicant.s ooinE of oiversron from [he oi.strrcE's direct f'low water rignts. and rdnen waEer is r.navailaole ior diverslon ,ursuanf, Eo aomrntstra[ion oy the co'lorado sLate Engineer dur]ng periodswnen said d'irecg flowwater.ight is not in prlorltY -.tre,Jjscr:c.- snall reiease ion [he use of Aoplicant uo [o said quantlty in acre fees per year cf storage ",af,er otdneo 'r :on.rorleo Dy r.he rJrscricr. [t is unoerstooo that any quanclty ailoLted frrcm direcg ilow' sEorage or ocnenrilse' [o i'he .:0oi rctnr. oy ihe Disirlct ,,vr l l be l imiteo by ine prtorl[y or lhe DisiricE's decrees ano oy lhe physlcal ano !EJal avat laot l t r'; .r .08€r rncm iJisirrc!'s sources. Any quanE'i Ey allocteo will only be provroeo so lonq as'raEer is avatlable :no Lhe.AoDllcinc .'lii,vi:cmoii'es,Yl[h,iilr:fihe[ernsandconojttonsofihisccntract/lease.The0iscr.lctLlndEh€Aooiicancnecognleechac -.s111p r..'[ ;he Disrri.cE : decrees may be jn ihe nam of ;he colorado River 'iaEer Conservarion DisErlct. ano ihe abl lity or :he jrsrrrc.. i-.0 aiioc direcE llow rrgnt Eo the Aoplicanc may be oegendenE on lhe consenE 0I;he cclorado River l{ater ionservac:cn Irs;,-:c:. ii lC any l.rme i.he Applicant deEermtnes rE requires less'rater [han [he annunt herein provideo. ,ioplicanc may io .r()r:.1 i.., ..he Drsirrcc in wr-ic.tng, and lne arEunc of ',lacerullotleo under ihls concrac[llease shal] be reduceo oermanencl-v :n .ccii.rra.c3 ,vril.l sucfl roclcg. RaEes snall oe ao.'lusieo accoroinglv rn foilowtng ',acer .rears oniy' j. Benbricjal llse ,rnrJ rocacion of 3eneiic:ai ltse: Any and all '.vater ailoc-ueo Aoplicanc Dy i:he i)tscl'lc: .naii :)e riseo -or ;.ne iollowrng oenerictal use or rtses: muntctoal. domsctc,lno nelate'J uses. r)r f:ormerc:al (e.\ceo[ :0 ine r;(cenr. inac ,tuegl Reservoilracer may noc be avai laole ;or ccnrnerci al as mac ierm is cerined on Page 5 of Conrracl No. l''17- .0-ii054i cer,^€en ihe r.Jn.tted sLaLes ano [he riesc 0ivioe Hater conservancy 0ist,rict,). Aoplicanc's benef ic:al use oT any nno :i i ra[€r il locieo snai.l be xrthin or [,hrougn iacjlities or ugon land o!'ned. ]eased. ?oeracec. or unoer AppiicanE s concroi t. 0ecrees and i)eliverv. Exchange releases maoe by Ehe oistrtct out, of sEorage irom Rueot Reservotr lrd rjr.een,youncaln Reservorr. or oEher'/orKS or facrliEies or [he 0iscrtcc. or from o[her sources available ro [he Distrrc:. ,naii .le ilet r./ered r..o Lhe Aoplicanc aE l:he ouclet 'norxs of satd siorage iact liLtes or at Ehe decreed potnc oi rlivecston ior :al(t ochel. .:ourcss. and release or clelivery of'naEer ac such ouclec or poincs shall constiEuce performance oi Ehe 0lsErrc:'; iocal coltgac,:on. Delivery of water by the oistrrcg frtm Rued'i Resernrotr or Green )lountaln Reservoir shall be suoJect co :.he l)istrrcE ; lease concract,s v,iEh lhe United States Bureau of Reclamacion. Releases From oEher facilit,ies availaole :c consum' pislricc hereby expressly reserves Ehe "'-l!, Eo storewater ano Eo mare ercnange relPases rr-urr >Lructures EnaE' may De built or concrolleo by the oistrict in lhe t r. so long as Ehe water service Eo L'he Cant pursuanL to this agI?Enent' is noc irmaired by said action. Any quantity of the Applicant's allocation not delivered io or tEed by ApplicanE by the end of aach,,aEer year (october I). shall reverc to Ehe water supplies of Lhe Oistrict. Such reversion shall noc enEitle ,topliconc Eo ,rny i'eiund or payment made for such water' ,.laLer serv.ice provided by ihe 0istr.ict shall be limited to ihe arDunt of water available in priority aE the .:ilgrnal pornE of d.iversion of the District's applicable wa[,er right. and neither the 0istrict. nor those en[itled to uEilize cne DlsEi"icr s ileci^ees. may call on any greater amlunt at ngi{ or alternate points of diversion. The oistricE' shall nequesc ine colorado Division oT llaEer Resources Eo esEimate any conveyance losses beErAieen Ehe originai poinc and any alternaLe DolnE' 3no sucn ?snmate snall 5e oeoucted from thls afllullt in eadl case. 5. Alternate point of Civersion and Ptan of Auqmntation: Oecrees for altertace points of diverslon or r.ne DistricE's,,vaEer cights or storage t/iaEer may be cequireo in order ror rpplicant co use Ehe r'ater serv'ice concemolate0 lersunoer. 0b[,ainlng sucn decree is Ehe e.rclusive responsibility of Applicant. The O'istrict reser'/es the rignt Bo ret'ie'{ ijno aopmve any conoiu.ions.,,vhich may be attamed to Judjcial appmvai of said alternate potnt of oiversion as contemplateo i)r necessary Eo serve Aopl,icanE,'s facilities or iands. Applicant acknorledges and agrees ihat it shall be solely resoonsible ior the proceoures and legal eng.rneering cosEs necessary for any changes ln'dater .ignts contelolaEeo heretn' and further ngrees r.o-indemrfy Ehe Distr.ict from any cosEs or losses nelaced thereEo. ApplicanE is solely nesoonsible for provtotng nofts 3nd iaciliEres necessary to obEa'in/divert Ehe wacers aE said alLernaEe poinc of diversion ano deliver chem E0 iooi:canr.: in[enoeo benericjal use. Irresoective of [he afiDunf, of wacer accually li"ansierreo;t ihe Applicanc's poinr' or ,:iversion. ine Aoolicanc snall make annual paymnts to the DisEricE baseo ugon the arDunE oi r'raf,er allotted under [his concracci l ease. in lhe event uhe Applicanc intends L,o aoply ior an alternate poinc of diverston and uo oevelop an augflEnEa[,ronplanandinstitutelegal proceeoingsfortheapprcvalof sucnaugutntaElonplantoalloltheAoplicanutouE'i lize ;he lyaEer allr:cteo lo.AppiicanE hereunder, Bhe Applicanc shall grve the 0iscrlct,',rit"en noE'ice or sucn intenc' [n Ehe evenc ine Aopiicanc cleveloos ano aojuo'icates its or;n augrEntauron plan Eo ucilize Ehe'naEer ailotteo hereunder' AoplicanE' shall rroc 5e ooligarcd:o pay any armunr under paragrapn Ig below. In any evenE. Ehe ois[ricE shall have lhe ilgnt' [o oop-* ]f {Jlsapomve ine AoDlicanc's auErencation plan ano the AoplicanE shall provioe the oist,ncg cooies of sucn 2lan:ano or all lieaotngs ano ocner paoers iileo with the'iaEer cour! rn the aoiuoicaf,ion chereor rjonrract/lease pavrrenr:: Non-refunoaole. one;irne acjminisErative cnarge. :n ihe arpunc'Jer-efinlneo Dy i_ne 3oaco ort,-lirecmrs or fie DisE,r.rct in:m Eine Eo rirne. snail be suomlc'r.ed 'lirn l'.he aoplicaulon ior constoerac:on Dy -.ne ,J r S-ri': c: . -.na t :ne ,,n r cn :le -nnual ,ayfiEnc ior lhe..,{aEer:ar,rrce oesclroeo herern Snail ce oetermlneo by ;he Soarc cr Cireciors 'lr ;he lhe tnic:ai rnnuai oaymnc shail :e maoe in iull. ',rithln [,nir:y (30) days arter i,he daEe of rocice i'o ine AgoilcanE nrclai :ayreng ts oue. Satd noclcg 'rlll advise ihe Aooiic3n[,. dmong ocher :'n1ngs' :f :'he rilc?t C€iiver'" Tear :c 'nlctai laymnc snail apply and;Ie Dricg'^ntcn is aOpiicaoie tO ihaE' year .lnnual caymencs ior eacn Tear ther:eafter:hall :e cue and payaole cy ihe Aoolicanc cn i:r beiore ?ac;1 ,anuor.7 i. ii ,n annuai 2ayrnen[ is not maoe Dy che oue oate a flac 550 larc ;ee xtl] be assesseo' iinai 'iritEen noclcs prlor ;catncatlacron,rll be:entcerrrfiedmail. regurnrecelpcceguesteo.;oiheApplicanragsucnaodressasmayce0eslgnateo :)v i.ne;iooilcanc .n wriEing or set ior[h in i.his conEracc/lease or aoolrcacton. i'laEer use ior any ,arf, oi a'"acer .vear :nali I.eeutre payrnenE ior i.ne ?ncire 'raEer year. iloc,hing herein snall be ccnsErued so as [o prer/enf, ;he cistrlcc rnom ao.lusctng -.he innual .ac,e in if.s sole discrecton lor :uture years oniy il payrenr is noE made wlthln lifteen (I5) rjays after the rlace of salo,{ritten noEice. AoplicanE snall ac l)lscr:cE,.s sole ooc:on have rlo iurther nighE. title or inceresE unoer Ehis conErac!/lease',liEhouc iurEner nocice. ano dei iver-v 7 . upon cancellacion of Ehr. "ater allotmnt conEract/'lease with the . ,,ict' the oistrict shall noEify 'uhe uiv.rsion or ,JaEer Resources offices in Denver and Glenr.oo<t springs. The 0ivision or r{acer Resources may Ehan order cessaEion :f .r I I iacer use. rrrjLj^--r c^^c:n.t nn(rq. anoiicant aqrees m defray any axpenses incurrgd byt. Add.iLional Eees and costs: ,lppiicanc agrees m defray any expenses incurred by Ehe Oistricc in :onnec:.:onwichEheallourencof waEerrignEshere,fioer. including, butnoElimitedto. relrnburserentof legal andengineering :3S;s incurrgo in connec:.:on,,iith any,,,at,er rigncs ano adiuo.icaE.ion necessary co allow.,toplicanE's usa of sucr arrocted waEef .: gnts . 8.Assionnpirf,: This ccncracr/lease snall inure Eo the benerit of tHe heirs' sueessors or assigns of t t L- -..:i^-r F^ !-r{ ffrc? namiV :he rarsies n...rto'. ^n, urTiil*a o, un"iooricant's cights under Lhrs conEract/lease shail Be srcJecc Eo' and mst comoiv --- ^d ^^iFi,.?l1a2ea nidhfq and ihe asstmof,iOn ::.lt:Ht.I;il:: ;r';;;r;;'..'*v'n"*arrer adoou .esaro'ine assienrnnt or concract/lease nisnts and Lhe assL'loc'ion -E- l r ^-A.,a-r er r..6(<nF< in A OOa?-'l nn rlf llti:rr....,1".;;;;;;r;nr-0, ..r.,nnees ano succ3ssors. Nochrns herern shall prevenc successors io a p.r'"'ron Jr -^ - t r^rMr ^^^fFr^.?q./ leASpS- NO aSSiOntmnE ]:r;,"H;]'o]"};,.fi.*r,* i. ,n" o.istncE ror individual and separate allourent conffacts/leases' No assiennrnr s^* fa* ^h2nda nf nr,.nefsni O -rDorrc3nE 5 p,-\rrJ€r "' "::^;:':"t:'-"'::;t -if ing of pn'per forrns for change of ounersnio' :;iaii :e rcccgnized Dy the 0iscrrcc except' uoon corpleclon ano il uDOn the sale of the real prooeruy to vfiici Enrs conEra6/lease perta'lns. AoplicanC has a ouEy [0 maKe ouyer iddre 0r:his ccntrac-./lease and proper forms ior cnange or:'rnershio musc ie corole:ed' ). 0ther Rules: AOplicent snali be bouno by Ehe provistons of Ehe l'lacer consen/ane/ Act of coloraoo: jy :ne r,:ies ano regurations or the Soard of oire.,ors or theoistrlct: ano all an=nortnEs unereof ano suogiefEnEs thereEo ino:y lil ccner aoplicaolE law' t0.Applicanrshal.lengerinman.coerau.ionandMalnlenanc3 ---a ^? i f !6i i--jrd^ Agree,rErE- ,itn une orrorffio"-at-,r, *o cond'itrons deEerflrned by the boaro of oirectors of ihe 0ist.tcE' if ano'"nen' : .. -- r^ffiar ic nanrrinpd sald aorgemnE flay ccnEaln.{9ree[Elrr' ir u' s'rs -':__- .- ,_- equired. Satd agre*,'irnE flay ccnEaln. :he 30aro or :alo oistrict deEerilrnes in its sole discret'ion thaE' sucn an agreemnE ls l' -----.^- F^- ^wa6€i^n ni i')iq:r'ict del ivefr:he doaro or :allu ur)Lr )uE :nail nou be i'imited io. prcvisions for aod'itronal annual tonetto ::t'::":::t:-l:: "':"t:t"t:'.:tJ'.:::::^::::':;)ut' :ilall IIUL E Ir,rruEs uv! '''. --- - ------i-- .-i a,r6ri - )Eher costs io ihg Discrtc:'"nicn may jer..,]c3s,:noioraoo.ltlonaladn.ln.lsE'raE,lon.ooeracion.andmalnEenancecosts:0r[or( tr:se inrouqn servlcss maoe availaole Eo ihe Apolicanc' .:I. iharJoe of Ise: The 0istrrc: rcserves Bhe axCluStve |lgnt !o re'lierr' reaDorcve 0r 0lsaoorove ,rccosec::rangernuseorihe'raEe!'alloEteohereuncer'AnvuseoEherihan*,'t-t-t:t-t"-l::Tli'::l'""t::T-":':r(-uiiurcu -"q,w rr' '-v e!. ,,.rithou. ;ne ,rlor ,/rr,!Eten aporcvai or ;he Discl"tc: snall )e ceerEo ;o ;e ll"i9 .v<tf,€t cc rd[,€r''lgnES']l lOtted here'$o :ras3r:ai lreacx of :hts ccncracl/ lease' .L,il<a;nd2iacg,ri!jse:Aopiic:ntagreesio,Jsethe',aEerin;Iemanneranoin;necrooerEy,jesc::ce4-4.-:- :r .:.le:cc.-rlEncg suomlE:gc,uo r-he Distrrct nc che;:fip rhrs cangrac!,r'l ease ls e.\ecugeo. or in any ooeracjon and inalnf,enanc3 :cr?g.TEn[ imvroeo cy Aooiicanc. Any use ocner rhan.js sec iorth ]'-hereon or any lease or sale of -'ne'race!'lc'v?E3t' :rgnE: :ergtn. )Eie,. tnan.1s pernlctec ln caragraon 3':oove. snall ie deelEo;o be a maEerlai breacn of :l'lts agregnent' lE is unOersiood .'lno agre€O iiaE noEhlnq heretn_snall be rn[erDreEeo lC glYe ihe iOOilC]nE lnteresE ln 0r ao any ''aEer tl'e6E€t'rrgn[s neferreo L0 nere]n' L4 conser.ra[ion: ,,topi icant snai l use ccnnoniy accagEeo conser/aq'lon prac!lces .l[h respec: :0 'ne'daEe|. ]no.aEerr]gnE,she'"eln'andhereoyagrees;obebounobyanyconser.,at,lonDlanaooDEeohereafter]yiheOisirlci;or.:sa r)r Jisii:cE, 0hned 0r ccncrolled '/iaEer or ''aEer r'l gncs' t5. RestricE.:ons: rpplicanL snall resErrct actual diversions -"o noE ?xceed r-he conEracE"Lease afinunL' _nrc.ir pmvlo€s.,x?Eer (on ine iormula of one aci-e fooc per o^€lling) tor ordinary household purposes instde one single iamt lv JI 13. -itle: :ny :culcaoie or ler;aI lee iicIe !8rcen. . Applicant shal'l also conply with all restrictions and limitations set forth in c'he'nell permit obtained frcm :ne'i:olor3do 0ivtsion of Hacer Resources. .Jatering of livestock shall be restricted to Applicant's dorEstic animals noE Eo be ued for comnercial JurDosas unless toolicant obLains approval Fr-om Ehe Colorado Division of llater,Resources for cormrcial use/livestock watering .js n horse ooarorng iaciliuy. provided EhaU in no ei/enE shall acrual diversions exceed the amunE of ',vater provioed'by chis ,loncracg,; L3ase . VtolaE,.ton or this paragraph 15 shall oe deenred to be a maEeriai breach of this Contract/Lease. :6. ,tell pemit: If ApplicanL inEends Lo divert through a'^ell. then Applfcant rusc provide to 0istric: : r:coy,.ti AopliC3nE s valid,"ell per"mit before oistricE is obligated !o deliver any riater hereunder. '-T . t{easur,ino ilerrrce or Meter. ApplicanC agrees ;o provtde. at its ohm e,\pense. a EoEaliztng ilow rerer .,lcn ierEf,a reaoout;o conElnuously and accuiately.lPasure it ali iimes all wacer diverrcd pursuan[ to [he Eerms of :oollctnc j,iaEer nrgn[ ano [he [errns of Bhis contract/lease. tpplicant agrees Eo prcvide accurate reaolngs rrom suclt devtca )r.ine'er:.c Cisi:.lc-, uoon Districi's requesE. Applicant acknowleoges EhaE iallure c,o como-ly wrth this paragrapn couid resuli n iegal .ict,lon io cermtnaEe Applicant's d'ivers'lon of ,/iater by ihe SEate or Coiorado 0iv'ision of ',{aLer Resourees. By sjgning :nts ccnci.ac:. looi icanr, hereDy soec'irically allows Distrrct, thrcugn tts auchorized aqen[. to enter upon aoplicanE's proDert:/ :urtng.)rrllnar.v lusiness hours for fie purposes of detenntning aoplicanc's actual use of 'la[er. i.g Reoresentations: By arecutrng Ehis contract/lease, lpplicanr agrees that, it is not, celylnq on iny iegai or .nQln€€r.ingradvice that Applicanc may beiieve has been necetved from the District. Aopiicant iurther acrnowleoges :hac ii has Dogalneo all necessary legal and engineering advice from Aoplican['s o'r,n sources oEher than lhe 0istric:. :ooi ic3nc iur[her act(no{leoges Ehat lhe Distrrct makes no guaranEees. /iarranE'les. or sssurances 'rhaEsoever aoout, ihe quantli-Y ,lr rualiEy ()r.rya[,er availaole pursuanE [o thls contract/]ease. Should the 0istrlct be unable to Provioe uhe water contraclei ..)r.er"e)n, no camages may be assessed agarnst Ehe Discrrcr, nor may ApplicanE ooEain a refund fnom che 0isirrci- -9 iosts of taCer Courr: Fi lino and ,{rrcmnraCion ?lan: ShOuld the 0istrlci. ;n itS oun Cisc:'ec:on. :noose io :nciuoe ioplicanc s conEract/lease herern in a wa[er court filing ior aiternaLe poinc of civerslon or glan or tuqflEn[,3CjOn.. ;ren ^oplicanc hereDy agrees to pay Eo Lhe Disirlct,. wnen assesseo. an,idditional iee reoresen[ln9::re :isri.lcg s ac:uariano r-easonable costs ano iees ior Aoplicant's snare or lhe proceeoings. Aoolican[,:nail oe assesseo a irc- .,;]ca snare,)r ine:otal cos-u incurreo by the Distrtct jn preoarl ng. filinq and pursulnq [o oect'ee ihe.iaEer courc case. ina :.i,-r.eEl .ji.iar? 3nail :e caiculaceo by divrding sucn ioEal cost oy ihe numoer of conErac:eesilessees :ncluceo ln che I'ilino. -.t :te ?.\cenc ;:raE i.ne DlsirtcE, is caused aOOitiOnal COSES cecause cr ooJecllon iileo soec:iically iue'.c che inclusion',;r .Uori(jjnc ::cncrac:.,lease :n ;he liling, sucn aoditional cosis nay De crargeo:oectficall.Y io Aopllcanr, ano noc snarec:-;n r ..l'0-r';itd lasi: )y,:i I :oncrac:ees/lessees. 10. 3indino roreemen[: Thrs agre*enc snail not ce:crnolecg nor otnoing uoon r-he giscrtcc unlas: jciacneo;.ie!^ecc s:ne lorm engitled'Aoplicatton ano DaEa Fofin;o Lease'dacer i:r'om,lesu Divi0e waEer lonservanc'7 Dis[r'i c:' -r..rrl/ ccmoreceo ry.ioplicanc and aoproved by ihe Disrr':cc's engtnegr. Sald aEl3cnrEnts snall by ihls reierenca lheretc 13 irrcorooraLec ;nco :he [erns oi [his agreeflEnf,. All corresDonoence From ihe Discricr io Aoplicant ceferr':ng io or ieiat];:g :i) ;hls.gregrneng is )y ;hts reference incorporaceo inEo thts agreeflEnE as iurther [erns and cono'itions cr ihls aqree$Pnt. Zt. ,,Jarnino: iT IS THE SOLE RESP0NSIBILITT 0F THE APPLIGNI i0 OBIAIN A VALIO ','lELl- P€Rl{lT 0R 0THER iiAIEL :ItGi{T :}I 'ROER IO OTVERI XATER. TNCLUDING IHE"JATER ACQUIRED UNOER THIS CONTRACT/LEASE. IT tS TXE':ONII}IUTNG CUTY OF :h€ .iPPt-ic^Nf iO i{AINIA(N n{E'/ALiDITY 0F THE ',,IELL PERHII 0R'ilAIER RIC,{I iNCLUOING FiLillG FOR EXTENSI0NS 0F PERHtTS. FILjNG;Et-'- {:OI'PLETiON iIEPORIS. 'ILING STATEHENTS OF B€NEFICIAL USE. OR OTHERI{ISE IJHFULLY APPLIING II{E ATER iO BOIEFICIAL USE lN i TEGULAR r3g5 tg :t t Ilt0UI ,TASTE. ,joNrRAcT/l-EASE IS LOCATED oUTSIDE -AREA I - oESIGI{ATEo By THE 0tsrRlcr. THEN IHIS PAP'^"APH APPLIES: rHE ALE{ENTATION I{ATER pRovtoEo By rHE oISTRICT UNoER THIS CoNr . MY ONLY PROTECT APPLICAIIT'S r,lAIER RICI JH A O\LL 0N IHE C0L0RA00 RIVER AND MAY NOI PNOTECT APPLICANT FROI{ A CALL FROI.I ANY OIHER SRIIOR RIGHI. NO REPRESENIATiOI{ OTHERIIISE IS I{AOE BY IHE OISTRICT' IF.IHIS tS A CONCERN TO APPLIOINI. THIS CONTRACTLEASE MY BE RESCINOED UPON I{RTTTEN NOTiCE OELIVERED IO THE OTSTRICT BY THE IPPLICANI ',II]HIN THE NEII JO DAYS FOLLOUING IHE AFFIXING OF SIGNAIURES (.)N THIS CONTRACT/LE'\SE IN "{HICH O/E{I ALL SI"IIIS PAII) 3Y APPLTO1NI FOR THIS CONIRACT/LEASE SMLL BE I}T{EDIATELY RERJNOED TO APPLICANT' fiA,jLLaA4fffi&'dy^; cnis l4T{, ,, :r-ArE 0F C0L0RAI)0 ;OUNIY OF GARFiELO ) \ (e ) ;Loe t i ilrl fiq-#,tl bv) , fru ;oregotng jnsli"uenc r,vas acKnowleoged beiore re on /rrEf H €/Nctni^J l,,litness my hand and offic:al seal. Hy cormlsslon exolres:h- /3 -ol- KATHLEEN L. BILODEAU NOTARY PUBLIC STATE OF COLOMDO My Commissron Expires Juna 12.2004 : After a hear.tng by che Boaro orf Directors or ihe i{est oivide ,later conservancy 0istr:cE on ihe applicac]cn. nerecy 0RDERED r:nac, said aoplicaC:on be gran[eo and chls ccnErac!,'lease shall be ano is accaoced by:he 0isErIct. -l ISTR ICT Da ce rhrs conEi.act/lease includes and is suoJeci:c Lne lerms ano ccnoitions cr ihe followlng coc':nen[s rnlcn nusi icmrnoany :hI s .oncract/ lease: i4ao showing locacion of potnt or oiverston (use mao provideo) Aopiicacion and oata Form iully ccmoleceo and signett ORDER I. 1 taa< I danr Notar:/1C Table 1 Monurnent Ridge l{omeowners Association Estiruatecl Water Reqrtirements trl petsotis/tesidettce gallor rs/Persort/daY Percetrl Cottstrnted Lawrl Lrigation Applicalion ElliciencY glep lttlg {9glly}! !9lBI : :i .:: i:'.::::'::;::::.:.i:ii:::i::::': ur tits cap/uttil 0pcd sq lUurtil t! Annual l'lcl EvaPoralion l.iveslock @ lSgal/claY # gallons/day/unil lrtigaled OPen SPace 291 tl 2.00 urtils 15 00 gallons 0.00 acres 200 35 100 .15% 2500 to% ?,?! ' Waler Us6 lnPtrts i.i riiimii!: ii'; : e e.d friiitiai trrfi iii.iiFti*iiiri..ii,i;iGfii,i;aialr..rnils oo' ll llersotts/unil 3'5 # gallorls/ltersorVtlay 100 gpctl Percenl Consutued 15% I avvr l((igatiotl 250-0 sq-lUurtil Applicalion ElficiencY 70% ggp tlisleelllllG!$ -.-. .-?3t--1! - ii:::t::::iiu:.i,:' :'iif.iixiri:"O"iliii:tiiminnirl+il++i*ir,:'iri,,'ii'i'i';, Foit,l Sqtace Rrea O.00 ac.es Applicatiorr ElliciencY 70% grge lllg €Eut (c_!zu ?.?t_ lt (,) , (2) :'"11 ::^:::fl':;:i:i::- ---*i6i"- - -- ot""ll,.l?",," co-1,11,"r"r ".,I'il Water Use Calculations uuu' 0057 o'tz 53 ll oroo ooo ooo 0666 0OO 000 000 ou5/ u'tz ll -'": ^^^ Ana06{,1 ooo o3l ooo oos5 1'01 76 ll oosz ::1 ::: 0666 o0o ost 000 0057 1'23 eo ll oroo 0'00 036 06{{ ooo ois o0o o0s5 1.45 r1O ll oon' 000 os3 0666 ouo oBo ooo oo57 1'53 rlI ll o'oo ::: ::: 12.23 1.57 ll t,tq 9,9q ?,91.7.E40 O.o0 I t: YYY :.:: . . !:i::.----:.,.1,:-:,-..!!..-:-::i:-- - :-:--:'.::': :'- (1 1) Open Space lrrlgatlon 9: fll 0.00 0.00 0.00 000 000 000 o00 000 000 o.oo . oo0 000 0.00 (13t (14) Average f otal Flow (ac-lt) (gPm)Mo":r' J artttarY FebruarY lllarcll Aprll May Jrrtte July Augusl Seplentber Oclober Novertrbef De cctttDcr (l) (zl .^ -.1:'^^.- .^^.^t-j^^"" , ,,.'.io.x er"r"g"ll oomestic comnrerclal Dom\comnr oorrresttcCotntlrerclalDollt\Conrm.openSpaceLlveslock ltr-trotrsc ltt ltottso lrtlgaliott lrrigallort Tolal ftt'w ll llt'ltottse lrr-ltouse trrigallort tte-ftl (te rl! (3e'{tl t": M (l:'tll (1:'lll ' {sPn') ll f*'U 13e.1!l (3e.!!! 0.666 o0o o00 000 o0s7 oJ2 s3 ll oroo oo0 o00 060r ooo ooo ooo oos2 0'65 53 ll ttt: ::: ::: Llveslock . !T.1) 006 005 0.06 006 006 006 0.06 006 -.006 o06 006 006 , 0.67 0.16 o.14 0.16 0.37 0.51 0.68 o.72 0.64 0.48 0.28 0.15 0.16 0666 oo0 o6s oo0 00s7 1.41 103 ll oroo ::: ::: 06,{{ 009 04B 0o0 ooss 1'18 8e ll oooz 000 033 o66rj 0o0 018 000 0057 0'90 66 ll otoo ::: ::: 0644 0oo 000 000 005s 0'70 53 ll oOSZ 000 000 o6ti6 o00 000 000 oos-/ o'72 53 ll otoo ooo o00 1.1 t.l 1.1 26 3.7 5.1 5.3 4.1 3.7 2.1 l.l l.l 2.75 ^ o n c.q-/-\/aln-I-Eq e(rruse west div.123 Alttrrtal ;l (3) ,l TotatCU l@i o.zo s"rt"rb"r;@l o'ss TABLE 3 - Monument Ridge HomeowneEi Association Total ConsumPtive Use (l) Total consumptive use ior subdivision' (2) 10% transit loss. iSi Suuoirision CU + transtt losses'= (1) + (2) 05/10/01 ZANCANELIS & ASSCCIAIES, lnc'eqruSe',rrest div.123 1 0o,/o t! 0.1 7 t tarcn :l o.t 6 10"": Ap"l ii o.gz 10o/o i l- os1 1oo/e --- rl o.s6 lOo/o o6E"ii oza loo/o il o'sr 0.1 5 1Oo/o ;l :l', 4.45 August 15,2002 Roger D. Neal, P.E., Project Manager High Country Engineering 1517 Blake Avenue, Suite l0l Glenwood Springs, CO 81601 RE: Monument Ridge Subdivision Preliminary Plan Dear Roger, As you are aware, the Planning Commission moved to continue the public hearing for the proposed Monument Ridge Subdivision to September I 1, 2002 based on the lack of pertinent information required for their review warranting a recommendation to the Board of County Commissioners. As a result of the discussion atthat meeting, I have compiled a list of what appears to be the most significant issues which need further clarification, discussion, and elaboration below: Domestic Water Issues Garfield County has defined yourproposed shared wells as central wat-e.r supply systems which are not to be confused with the Colorado Department of Public Health and Environment's definition of community water systems. To this end, please respond specifically and appropriatelytoSections4:91,9:53-9:55oftheGarfieldCountySubdivisionRegulations. Yotu response shall include design plans that indicated how the central water supply systems will work, how the HOA will administer the water to the homeowners, how the easement will be described, etc. If you chose to provide individual wells for each of the lots instead of central water supply systems, please provide all the necessary information required in Sections 4:91 and 9:50 related to providing legal and adequate sources of water. This will also include providing approved well permits to the Garfield County Planning Deparhnent and approval from the State Division of Water resources indicating that the proposed new wells for each individual lot will not cause material rnjury based on the appropriate state statutes. lrri gation Water Issues 3) In the event the Applicant proposes to provide irrigation water to the lots in the subdivision, the Applicant shall more specificatly define and describe how irrigation water is to be provided and divided among the proposed lots. This language shall be placed in the protective covenants in order to prevent futtue problems among lot owners. No Building Zones / Building Envelopes 4) Due to potential debris flow and drainage hazards through the property, the Applicant shall 1) 2) designate "no building areas" on all of the proposed lots. All proposed structures shall be set back at least 20 feet from the top of any drainage outlined in the CTL I Thompson Report as well as the Resource Engineering Riport. In addition, the Applicant shall specifically show where the geologic hazards *" -upprd using the CTl/Thompson analysis in order to specifically determine the "no build areas." On lots such as these where "mitigation by avoidance" may not be feasible, the Applicant shall conduct a drainage basin hydrologic analysis to quantiff the debris flow hazard and to design the mitigation to provide channelization and conveyance of debris / mud flows around and away from buildings, but the size of channels and diversion structures should be designed based on a hydrologic analysis. 5) The Applicant shall provide Staff with a site plan that clearly delineates any floodplain areas so that the siting of building envelopes will not infringe in those sensitive areas. Access / Garfield County Road and Bridee Issues 6) please obtain and submit a letter from Road and Bridge Department to the Planning Department clariffing their professional opinion on the following issues: a. The timing and responsibility of the relocation of the existing fences along CR 300 and CR 303; b. Clarifi, the apparent Road and Bridge Department's apparent commitment to participate in the constuction of lowering the high spot in County Road 300 approximately 150 feet from the 90 degree bend and the movement / relocation of the culvert allowing ditch water to pass under CR 300 beyond the fence lines onto the developer's property. c. Provide a 60 foot wide easement (30' easement from the center line) to Garfreld County for CR 300 and CR 303 for future road upgrading' d. Clari$, the specific comments from Road and Bridge regarding driveway detail for Lots 3 and 4 due io its current proposed location which appears to be too close to the intersection of CR300 and CR 303. 7) Please note, the proposed shared access from CR 300 to Lots 11-13 will be required to be designed * a p.,btic road pursuant to the design specifications in the Garfield County Subdivision regulations Section 9:35' Once you have addressed these issues, please resubmit a package (including 9 copies) to the planning Department for review and forward to the Planning Commission. I look forward to working with you in the processing of this application. Do not hesitate to contact me in the event you have any questions. Fred Jarman, Senior Planner ., AVAS/2882 89:59 L97A8762348, |1',-". . { raiuv,)' ll f ,,GABTIEI.D COIJNTY Buildtrg & Flfrrtittg hPufrrcnt Rwien' F,gnsY Forrt DfiE SMt: Ccnmafr Drc: Name of applicatiorr Monrmsnt Ri$..q'Hivision's'ilL'-fri*dacor,A'Rllud-dna+*Duryt' ' --- -=H*--#r# m rwiew of thit P4icd' Ple"'E *dLryffiiffiTffi#ffi I#01,='1J##i"#*oEmilr"'m* ililH?ffitrffi ,-*r"rro o( ry,u mey unrri yorrr ovm_edditioDEl rhrstc cs nesessary. writtEn d;ffi;y be rnailEd' +rnailed' orftxcdto: Garfield Coffitv Buildins & Plsmhg Staff Eontact: Frnd Iarmrn 109 86 Srctt, Suitc 3ol Glenwood SPnng& CO 8160l Fa* 97G384-t47O Phone: 910'943-8212 Gsm€ral cof,trtr€tttu: Stop gigtrs *ill bc pl4oGd d,ell &h ryy scs b ,* *O *".**ro" t*t*tttt *ill foll*fu Name of review rgcnry: cmrfidd cs.rrrw Road rnd Bpdge DEPI -: Selt+mber3' 2002 Rcvicod3B0re0 Fred Jarman, Senior Planner Garfield County Building and Planning 108 8th Street Suite 201 Glenwood Springs, CO 81601 RECEIYEO ffiW RE:Monument Ridge Subdivision-Preliminary Plan HCE Project No. 2000060.01 Dear Fred, First I would like to summarize our response to the conditions of approval noted in the Planning Commission agenda dated August 14,2002. We agree with items l-4, 6-8, I l, 12,14-l6,and these items have been addressed or will be addressed at Final Plat. On Item 5, we are proposing that lot I I have its own access and lots 12 and 13 will access at a common location. Items 9a,9c, a3, and 14 have been addressed on the Road Plan and Profile sheet and on a memo to Jake Mall. Item 17 is addressed below. Secondly, In response to your letter dated August 15,2002, we have included a set of revised plans and comments that address "pertinent information" you requested for the review by the Planning Commission for the Monument Ridge Subdivision Preliminary Plat. Toaddressitemsnumberlmd2ofD@pleaserefertotheenclosed letter and drawings fuomZancanella & Associates, Inc. Irrigation Water Issues We have enclosed a statement from the applicant regarding irrigation and domestic water uses, as it will be stated in the protective covenants for the proposed subdivision. No Buildine Zones / Buildins Envelopes The statement below addresses items 4 and 5 of your letter dated August 15,2002. We have shown on sheet 2 of the plat where the debris flow hazard and 100-year floodplain areas are located. We have also added notes2T and 28 to sheet I of the plat which state that no building shall take place within 20-feet of the designated debris flow or 100-year floodplain areas. Also, Lot I may apply for a variance if engineered plans are submitted to the county for mitigation of the debris flow area. We have also shown 1517 BlakeAvenue, Ste. 101 Glenwood Springs, CO 81601 phone 970 945-8676'fax 970 945-2555 14 Inverness Drive East, Ste. D-136 Englewood, CO 80112 phone j03 925-0544 'fax 30j 925-0547 Grand Junction, CO 8050 I phone 970 858-093 j ' fm 970 858-027 5 Fred Jarman August 27,2002 Page2 recommended locations and sizes of culverts for lot access to lots 1l-16 on the Grading, Drainage, and Erosion Control Plan, Sheet 2 of the Engineer Plan set. Access / Garfield Countv Road and Bridse Issues The statement below address items 6 and 7 of your letter dated August 15,2002. Note 29 was added to sheet I of the Plat that indicates when the relocation of fences along the county road right-of-way. In short, when county road improvements take place, the relocation of fences shall occur as well. Regarding item c: you stated "Provide a 60foot wide easement (30' easement from the centerline) to Garfield Countyfor CR 300 and CR 303 forfuture road upgrading." During the Monument Ridge Exemption Plat process we provided Garfield County with a warranty deed of the rights-of-way for County Road 300 and County Road 303, dated May 8, 2002. A copy of the warranty deed is enclosed. It is our understanding that Garfield County Road & Bridge and the Planning Department are discussing access locations and county road improvements. We sent a memo to Jake Mall regarding items 6b,6d, andT of your letter dated August 15,2002. Jake Mall indicated that he would be discussing this memo with the planning department. A letter from the Grand Valley Fire Protection District is enclosed as well, detailing requirements the fire district requires. We have included 9 sets of the Preliminary Plat and Engineering Plans for your use. If you have any questions or need further information, please feel free to contact us. Respectfully, HIGH COTINDRY ENGINEERING, INC. Principal Engineer SLS/rdn Encl. cc: Peter Heineman, Foothills Land and Development T om Zanc anella, Zanc ane I la and A ss oc i ate s, Inc. P.O. Box 19O8 1OO5 CooPer Ave. Glenwood SPrings, co 81602 (97O) 945-s7OO (970) 945-1253 Fax ZarcatELLA AND AssoqareS, lrrc. August 29,2002 Mr. Fred Jarman, Senior Planner Garfield County Building & Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Monument Ridge Subdivision Preliminary Plan Dear Fred: ln response to the Planning Commission meeting on August 14, 2002, we have put together a plan to supply potable water to each lot using central wells. We believe that this more detailed plan will answer questions raised by the planning staff and commissioners. Below we will explain the design and how it will work. Desiqn ile ,ttached Figure 1 shows a schematic of the overall system. lt includes a central well to supply witer to 2, 3 or 4 lots, depending on the lot configurations. Water from the well wiit go to a buried meter vault where the supply will be divided, metered and flow-controlled. The water is then distributed to the lots through 4 inch PVC pipe as specified by county regulations. At the point where the water line crosses the utility easement line, a curbstop is to be installed. past the property line the water enters a 25OO gallon storage tank. From the tank the pressure'is boosied by a pressure pump located either in the storage tank or inside the residence. A pressure switch will control the pressure in a pressure tank located in the house. Well and Gontrol Panel @figurationisshowninFigure2.Thissetupisdesignedtomeet att of the Colorado water well construction regulations. A control panel adjacent to the well receives control information from the various tank sensors and starts the well when one or more of the tank sensors call for water. Meter Vault f'+,re g 's a representation of the meter vault where the water is divided among the va-rious lots, is metered and is flow-controlled. Flow control is provided by Dole Flow_ Control Valves. The valves are to be sized by dividing the well yield by the number of residences served. For example, if the well yields 15 gallons per minute (gpm) and there are 3 lots being served, the flow control valves are to be sized to flow 5 gpm to each lot. 6rrq n ggnfi{o Co J{ slLTAJrGi g\ Storage Tank A schematic of the 2500 gallon storage tank is provided in Figure 4. The storage tank allows water to be stored for peak household demands and for fire fighting watel. The manhole on each storage tank is to be easily accessible year-round to fire fighting equipment. A pressure pump to supply pressurized water to the house can be lotated in the storage tank or within the residence, depending on the homeowner's wishes. Svstem Gontrols The central well is controlled by float switches located in each of the system's storagetanks. When any one of the tanks' levels becomes low enough to activate the floit switch, it will send a signal to the well to begin pumping. The well will only shut off if all of the tanks are full. lf a tank becomes full while one of the other tanks is still calling for water, water to the full tank will be shut off by a float valve on the incoming line to thattank. Water pressure within each house will be controlled by a pressure switcn located near a pressure tank in the house. Developer's / Homeowners' Responsibitities All of the system components up to and including the curbstop are to be supplied and installed by the developer. Maintenance and repairs of this portion of each system is to be the responsibility of the homeowners association. All components downstream ofthe curbstop are to be supplied, installed and maintained by the homeowner. An individual homeowner may elect to drill an individual well on their lot, but will be subject to the limits of the West Divide Water Conservancy District Contract. The homeowners association will administer the West Divide Contract for the entire subdivision. lf you have any questions please call our office at (g70) 945-s700. Very truly yours, Zancanella & Associates, lnc. z__ Attachments cc: Peter Heineman Z:\21000\21802 Monument Ridge Sub\JarmanCentralWells.doc Thomas A. Zancanella,1 Curbstop To Be Locoted At Property Line To Be Constructed And Mointoined By Homeowner 2,, SCH 40 PVC 4,, SCH 40 PVC To Be Constructed And Mointoined By DeveloPer (lncluding Curbstop) 2 Poir 16 Go Sh ielded Jocketed Control - oc') C 0) EoaoL! E cq) O c oo Co t a)c o oF Centrol Well ond NEMA 4R Control Ponel See Detoil Figure 2 lr/eter Voult See Detoil Figure 2500 Gollon Storoge Tonk See Detoil Figure 4 Pressure Tonk with Pressure Switch Power SupPlY To Pressure Pump "*i;:'"' /_J_ Pressure PumP In Tonk Or ln House Controled By Pressure Switch --to o Jo no 9.ooloo ol a)ol o €o FIGURE NO. N/ONUMENT RIDGE SUBDIVISIONCENTRAL WELL SYSTEM SCHEMATIC -EN6/N..R/NGCou.9ulrAryrs' POST OmCE BOX 1906 - 100s cooPER AVENUE GLENWOOO SPRINGS, COLORAoO 81602 (97O) 945-5700 ! l =o = DATE: AUGUST 26, 2OO2 VILL HIAD DTTAIL (Not to Scole) Noter Cor.rponents shown this dr'o.wing to be pnovided by the devel.oper- ml ^ Jltb ll "'*'*51"* ll r,:in.ri"F:*,^r ll --lz:rl!l+?1:!iL- -lll l[ ,,ff ll lV -Lrec*rcor 1Etectrc cobte to -:^'W itllidrl" !:[.::tr,.:,.0,^n-\ \?:"::::f""0,i" 2'evc Fil]+ I ' l::,."'..., I ffi[iffi,:*,="*;H':a.t,^nffi Submersibre ," , --'ffit)ff1'ool'"""", Grout - 40' nin, tlllll[] WELL HIAD TYPICAL DETAIL MONUMENT RIDGE SUBDIVISION FIGURE NO. SCALT: I DATE: NOT TO SCALE IAUGUST 21, 2OO2 SHEET: 10F1 ----77 ./ ZA/VCAN|LIA ANU A-|.f0ciAfft INC. DRAWN BY; ICHKD BY: I APPD BY:BCPIBCPIlAZ DRAWNG: rVellh eodDetoil. dwq fN5lNffRlNG CO/VSU/- fA/V fS POST OFFICE BOX ]908 - 1OO5 COOPER AVENUE GLENrcoo spRrNGS, coLoRADo g1602 (970) s4s-s700 PRoJLC t, 21802 TYPICAL PLAN VIEW Spoce For Additionol Meter Setup lf Fourth Lot ls To Be Served 4" Lot Lines To lndividuol Boundories Line From Centrol Well + 60,, I.D. PRECAST CONCRETE VAULT KTY @ 4,, X 1,,SCH 40 REDUCER @ 1" SCH 40 PVC BALL VALVE o 1" DOLE FLOW CONTROL VALVE - SIZED BY DIVIDING WELL YELD BY NO. OF LOTS SERVED fo.)1" TOTALIZING FLOW METER WTH 1 PAIR INSULATED 18 GA. OR LARGER WIRE TO ECRllrnTE lnt ^aaEaeAottr tnnlTt^nt AT ctrDcAa o 1,,SCH 40 PVC ELBOW @ 2,, X 1,, SCH 40 PVC TEE @ 1'' X 1,'SCH 40 PVC TEE Note: Components shown in this drowing to be provided by developer. TYPICAL METTR VAULT N/ONUMENT RIDGI SUBDIVISION FIGURE NO. SCALE: I DITT: NOT TO SCALE I AUCUST 23, 2OO2 SHEET: 10F1 ::v / ZA/VCA/U{LLA AND A-9.fiOC/A ffi //VC. DRAWN BY: ICHKD BY: I APPD BY: BCPlAcPlttZ DRAWNG: MeterPit.dwg L NG|Nt t I(/NG' L'ON5UI /A N /5 POST OFNCE 8OX IgOE . 1OO5 COOPER AWNUE GLENWoOD SPRTNGS, CoLoRAOO 81502 (970) 945-5700 PKUJLU,, 21gO2 ,a' .: "', '.4 x"\\';l + AWWA Approved Floot Volve Monhole Accessible By Fire Pump Truck Snorkle 2 Poir, '16 Go., Sheilded, Jocketed Control Wire To WellPump Stort Floot Switch Line ln from Meter Voult Power House Supply From To Pump Pressure Pump ln Storoge Tonk Or ln House Controled By Pressure Switch Line Out To House in this drowing to be provided by homeowner during home construction. Woter Level 2500 Gollon Storoge Tonk Note: Components shown STORAGE TANK SCHEMATIC ____/^ MONUMENT RIDGE SUBDIVISION FIGURE NO. SCALE: I DATE: Nor ro scALE leucusr 26, 2ooz SHEET: 10F1 ZA/VCA/U{LLA A/UD A.9SOC/A ffs /NC. DRAWN BY: ICHKD BY: I APPD BY: BCPlecplTAz DRAWNG: StorogeTonk.dwg POST OFFICE BOX 1906 - IM5 COOPER AWNUE GLENWOOo SPRTNGS, COLORAoO 81602 (97O) 945-5700 Pf(oJLC t, 21gO2 lr\^A'w"/V P '* t.' DOMESTIC WATER .(" {{ i . II{RIGRTION WATER i t ll \ ,.Y\ \ ,\\,\, \( 1'-4 and :o/ .( Lot 5- \J'2 -le%: Lot 3-1'8%1 'Lot 4-1.4Vo;,LotLot l - 11%i lot wlthin Monument Ridge Subdivision ([ots 1-17) sh3ll also be J to iriigate ,p io'aiff;'q*ti,f."i oi ia*n anaior firden"from' well (or wellq) suppfylng domestlcrwater'to such !ot- li i4. . 1\,1 ,,, ,,.1 ,. ,1 -.q J.t k'\1 a .i O(Lrvv v \9\J Rccorder. -v, t, t! I ir t: ':|; Itcception - R6,c.Jr{ed a. - o'clock - M,, I dayof Milj as ils ,2002 . Prcsirlent . Secretury a corporution. THIS DEED, Madc this 8rh between Foothills Land WARRANTY DEED dayof May ,2002, & Devel opment, I nc. a corporution duly organizerl and cxisting undcr and by virtuc of thc luws of thc Stillc ol' Colofado ,gtontor,rud' Board of County Commj ss Garfi el d CountY,. State whosc legal ud<lrcss is 1 09 Ea st 8th Street Gl enwood Spri ngs, C0 81 601 of the rCounty of Gaff i g'l d , Starc ofColorado, grantcc: WITNESSE fH, That thc grontor, for and in considcration of thc sum of i oners,of Col orado tlre rcccipt anrl suffrcicncy o[ which is hcrcby acknowlctlgcd, hus grantc<l, bargaincd, sold and conveycd' unrJ by thcse Ptcsents does grunr, burgain, scll, convcy and con6rm. unto thc granrcc, his hcirs and assigns forcvcr, all the rcal ProPcrty, togcther rvith i,rl1r**,u"no. if uny, situatc, lying and bcing in thc County of Gaf f i g l d State o[ Colorlrlo, rlcscribcd rs follows: See. Exhi bi t r A' -.*{ ulso known by strcct and number u: TOGE:THER with all and singular thc hercditamcns aod appurtenanccs therero belonginB, or in anywisc appertaining. antl the reversion and revenions, rcmaindcr and remainders, rents, issues and profits thereof, lnd all the estatc, right, titlc, increst, claim und demund wha6oever oi the grantor, cithcr in law or cquity. of, in anrl to the abovc bargained prcmiscs, with thc hcreditunlents und uPPurlcnanccs. l TO HAVE AND TO HOLD the said prcmises above bargoincd and dcscribctl with the appurtenanccs, untd thc granrce, his heirs und ussignsforcver,Andthcgrantor,foritself,anclitssucccssors,docscovcnunt,grant,burgain tndugrcel0ondiviththcgrantcc.hisheirs irnrl ussigns, rSut ut thc timc ofthc cnsr:alingand rlclivcry oftlrcsc prcscnls, it is wcll scizcd ofthc prcntises ubovc cortvcyctl, hus gorrd. sure, pcrfect, absolute and indefcasiblc cstate ofinhcriruncc. in law, in lbe sirnplc, and has good right, full pounr and authority to grunt. barguin, sell and convey the samc in manncr and form as aforcsaid, and that the sanrc lrc free and clcar from all former und other grunts. barguins, salcs, liens, lucs, sssessmcms, cncunrbrances and resrrictiuns of whutever kind or na[urc soewr' ctccPt The gmnror shall and ,"iff WnnneNf AND FOREVER DEFEND the above-brgained prcmises in thc quiet and peuceublc possession ofthc granec, his hcirs and usigns, against all and cvcry person or persons lawfully claiming thc whole or any part thcreof. :l'he singulu numbcr shall includc thc plural, the plural the singular, and the use of uny gendcr shall be applicable to all Eendca. I ($10.00) TEN DoLLARS. lirst lN WITNESS WHEREOF, Thc grantor has caused its corporate narnc to be hercunlo subscribcd by its Prcsidcnt, and its corporatc scal to bs hcreunto affixcd, ullcstcd, by ils STATE OF COITRADO Counryof Jefferson 1'he torcgoing instrument wus acknowledgcd bcforc mc this by Peter Heinemanand Cheryl Hei neman uf Foothills Land & DeveloPment, Inc My commission cxpircs G- lZ'oy Witness my hand and official scal i ! 'lf in Dcnver, inscn and." No. .100. Rcs 5-8,1. WARRANTY DEED (Corporertoal )" 8th Rradford l\rhlirhin3. l74l lVrr.c St. D.nvcr rO rrllol -,10ri rI, rr0^ //a y'>-o* EXHIBIT A COUNTY ROAD 3OO DESCRIPTION A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN TIIE WI/2SWI/4SWI/4 OF SECTION 17, TT{E SE1/4SE1/4 OF SECTION 18, THE E1/2NE1/4 OF SECTION 19, AND T}IE W1/2NW1/4NW1/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF TI{E SDKTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND LYING 30.00 FEET TO EACH SIDE OF T}IE FOLLOWING DESCRIBFI) CENTERLINE: COMMENCING AT THE SOUTH SDilEENTH CORNER OF SECTION 17 AND SECTION 18, A2-II2- ALUMINUM CAP L.S. # 27925IN PLACE, THENCE N89O39'17''E A DISTANCE OF 2.64 FEET TO A POINT ON SAID CENTERLINE, TT{E POINT OF BEGINNING; THENCE S00o20'42"E A DISTA}ICE OF 1373.89 FEET; TI{ENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADruS OE 1739.76 FEET AND A CENTRAL ANGLE OF 08"0728" A DISTANCE OF 246.70 FEET (CHORD BEARS 5M"24'26"8246.49 FEET); THENCE S08"28'10'E A DISTANCE OF l2t.l4 FEET; THENCE ALONG TIIE ARC OF A CUR\IE TO TFIE zuGHT HAVTNG A RADruS OF 447.2I FEET A}.ID A CENTRAL ANGLE OF 21"39'26",A DISTANCE OF T69.04 FEET (CHORD BEARS SO2?1'33''W 168.04 FEET); UrgNCg 513"1 l'16"W A DISTANCE OF 70.86 FEET; THENCE ALONG rTM NNC OF A CURVE TO T}IE LEFT HAVING A RADruS OF 280.47 FEET AND A CENTRAL ANGLE OF 13o42',21", A DISTANCE OF 67 .09 FEET (CHORD BEARS S06o20'06"W 66.93 FEET); THENCE SO0o31'06"E A DISTANCE OE 445.57 FEET; THENCE AIONG TI{E ARC OF A CIJRVE TO THE RIGHT HAYING A RADruS OF 94.14 FEET AND A CENTRAL ANGLE OF 83O56'28'" A DISTANCE OF 137.92 FEET (CHORD BEARS S41o27'08"W 125.91 FEET); THENCE 583"25',22" W A DISTANCE OF 343.63 FEET; THENCE AIONG THE ARC OF A CURVE TO THE LtrT HAVING A RADruS OF 494.94 FEET AND A CENTRAL ANGLE OF 21O10'48", A DISTANCE OF I82.96FEET (CHORD BEARS S72"49'58''W I8I.92 FEET); TImNCp S62o14'34"W A DISTANCE OF 195.02 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1390.86 FEET AND A CENTRAL ANGLE OF 08"31'28", A DISTAI,ICE OF 206.93 FEET (CHORD BEARS S66o30'18"W 206J4 FEET); THENCE S70o46'01"W A DISTANCE OE 364'07 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE E1/2NE1/4 OF SECTION 19, THE ]ERMINUS (W}IENCE TIIE EAST QUARTER CORNER OF SECTION 19 BEARS 553O26'23'T 1657.32 FEET). Page one of two COUNTY ROAD 303 DESCRIPTION A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN TTIE WIIZSWII SWI/4 OF SECTION 17, TEIE SE1/4SE1/4 OF SECTION 18 AND T}IE W1/2NW1/4NW1/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SDffH PRINCIPAL MERIDIAN, COIINTY OF GARFTH D, STATE OF COLORADO; SAID STRIP OF LAI{D LYING 3O.OO FEET TO EACH SIDE OF TTM FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTTTWEST CORNER OF SAID SECTION I'1, A3" BRASS CAP L.S. ll643IN PLACE; THENCE N32'0738',W A DISTANCE OF 10.94 FEET TO A POINT IN TI{E CENTERLINE OF COUNTY ROAD NO. 3OO, THE POINT OF BEGINNING; THENCE LEAVING TI{E CENTERLINE OF COUNTY ROAD NO. 3OO ALONG THE CENTERLINE OF COUNTY ROAD NO. 303 ALONG TI{E ARC OF A CURVE TO TI{E LEFT HAVING A RADruS OF 2521736 FEET AND A CENTRAL ANGLE OF 01o30'58", A DISTANCE OF 667.29 FEET (CHORD BEARS S89O31'57''E 667.27 FEET) TO THE WEST-WEST SDilYFORTH CORNER OF SECTION 17, A REBAR AND CAP L.S. #19598 IN PLACE, THE TERMINUS. Page two of turo GRAI\D VALLEY FIRE PBOTECTION DISTRICT I7 7 7 S. BATTLEMENT PARKWAY PO BOX 295 PARACTTUTE, CO 81635 (970) 285-9119, FAX (970) 28s-9748 RECEIVEDSEP2l2OOl ?eA 6LeO 'ol September 19,2001 Scott L. Stevens Project Engineer High Country Engineering, Inc. 1517 Blake Avenue, Ste. 101 Glenwood Springs, CO 81601 Subject:Fire protection for the Monument Ridge Subdivision HCE Project No. 2000060.01 Mr. Stevens, (This is a copy of the form letter we have adopted since the initial contact with Daryl b.r..ru Glenwood Springs Fire Department. Basically it is the same as before, with the .i"eption of specific firewater cistern sizes') The options available to you include either a local water.supply for each residence or a centri pressr:rized watei supply for att residence as well as fire protection sprinklers' Because of the .irt oi your project, it would appear that the localized water supply systems (l.tFpA 1,231) and fire protection sprinklesmight be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and hal proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a l3D system is to provide enough suppressant to get the occupants out of the residence. The sysiem is designed to provide a l0-minute water supply' In a normal urban setting, *ith prompt no-tification to the fire department, a response and extinguishment can be staned during this lo-minute time frame. However, with a small volunteer fire department, which dois not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burrU and after the l0-minute period of watei delivery, the fire may again start actively burning. Fire sprinklers are not required in structures less than 3500 sqiare feet, however we encourage homeowners to consider their value and the benefits *rt tt.y may provide in the event of an actual fire' The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residenc e, a 4 t/z' hydrantconnection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, has adopted this as the standard \Mithin its boundaries. Other issues to be included and noted in the proposal are as follows: to. A minimum flow of 26 gpm with a duration of ten minutes or 260 gallons (see Section 2-l) are required. The storage tank used for fire protection will be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be supplied from the firewater cistern (for those structures 3500 square feet or greater). emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. domestic use. If the above conditions are met and made apart of your building application, the Grand Valley Fire Protection District has no further concenN regarding this project. If you have any questions or if I can be of any additional help regarding this project or any other concerns regarding fire protection, I can be contacted at the phone number above. fron*q David A. Blair, District Fire Chief, GVFPD Cc:Board of Directors, GVFPD File IIIIIIIIIIITIIT.IITIT IIII FIESbUHCE ENGINEERING INC Mr. Fred Jarman Senior Planner Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 September 4,2002 RE:Monument Ridge Subdivision Preliminary Plan - Supplemental lnformation Dear Fred: At the request of Garfield County, Resource Engineering, !9: (RFQQ.U.RCE) has reviewed the additional information submitted for the Monument Ridge Subdivision. The additional information was submitted under cover letter prepared by High Gountry Engineering dated August 27,2002. Our comments are presented below' STAFF REPORT CONDITIONS OF APPROVAL The Appticant agrees with ltems 1 through 4, 6 through 8, 11, 13, and 15 and 16' Comments on ltems 5, 9, 10, 14,17 are presented below. Item 5 - Okay. lt was suggested that Lot 11 also be served by the common driveway. Item 9 - No comments bY RESOURCE. Item 10 - The Applicant has not addressed ltem 10, however, this is an issue to be completed at final Plat. Item 14 - The grading has been revised to maintain super elevation around the curve on County Road 300. There is no existing or proposed ditch shown on the downstream side of the Monument Ridge Road culvert. Item 17 - The proposed central well systems designed by Zancanella and Associates and presented in their August 29,2OOZ letter appear to meet County criteria. However, the proposed 2,500 storage tank cannot be used for the dual purpose of domestic water supply and fire protection supply. As outlined in ihe'september 19, 2001 letter from the Grand Valley Fire Protection District, the water system will need to provide separate storage tanks for domestic supply and fire protection suPPlY. The subdivision homeowners would be constructing approximately 42,500 gallons of fire protection storage. This water could be more effectively utilized through construction of one or two cential storage tanks. Likewise, central potable water storage could be more effectively utilized for each of the central water systems. STAFF LETTER The following comments refer to the numbered items in the August 15, 2002 letter prepared by Fred Jarman. Consulting Engineens and Hydnologists 9O9 Cotonado Avenue I Glenwood Spnings, CO A1 60l | (97O) 945-6777 I Fax t97ol 945'1137 ttDtNG & PLANNlt{G Mr. Fred Jarman Page2 Please call if you have any questions or need additional information. Sincerely, NEERING, INC. September 4,2002 4. 1. 2. 3. 5. 6. 7. See ltem No. 17 above. All of the water system requirements which must be installed by the homeowner should be outlined in a plat note. The detailed requirements should be incorporated in the covenants. The Applicant is not proposing to provide individual wells for the lots. Howevei, the Applicant is providing the opportunity for homeowners to drill individual wells. A proposed allocation of irrigation water is included in this submittal and appears reasonable. The plat shows flood plain and debris flow areas but does not include unstable slopes, potentialty unstable slopes and does not designate no-build areas. There is no supporting documentation to demonstrate that the culvert sizing is adequate for the proposed project. The Monument Ridge Road Circle is located in the middle of a debris flow area. The submittal does not indicate that appropriate mitigation measures have been designed into the grading and drainage plan. The Applicant has delineated the flood plain areas on the Plat Map. No comments from RESOURCE. The Applicant has proposed a separate access for Lot 11 and a common driveway access for Lots 12 and 13 to avoid any public road issues. @2"") Michael l.erl{n,e.e. Water Resoufce Engineer MJE/mmm 885-13.0 E:\Client\88S\fi monument prelim 885l.doc CC: Tom Zancanella, P.E. Roger Neil, P.E. RESOURGE EN\./ :ii:iFlESOUFlCETIIII-----E N G I N E f B I N C I N C L. Sep 11 02 O8:34a GRAND VALLEY L777 SOUTI{ FIRE PROTECTION DISTRICT BATTLEMENT PARK\TAY.. P.o. Box zs; '.r*RECETVED PAEACEUTE, CO 8163 s-0295 970 285-9119, OFFTCE 970 2E5-9748, FAX sEP 1 1 2tltl2 GARFIELD COUNTY - SU|I-DING & PLANNIi'IG FACSIMILE TBJ,NSMITTAI. SIIEET - ,_.r.Ta-), FROL- DATE Dasid A- Blaiq District Firc Chid /-{( 6l icr-.rr-. ,.-.:- I:-,*rc ct ' I / - o L T TJTL NO, OF PAGES !.ICLIIDING COVER: PHONENUUDEE SENDERS REFETENCE NI'IGEE YOUR NEEERENCE NUI,CER: EI uxcru:r B ror. nwre\r El pr.ease coMMENT El pr,e,rsr REpLY E pr.eessnEcYcr-8, NOTES/@il}GNIS }, c_o7, 7 J frlL <"tf f,i't t! i\ Clr pZJ fr*si Vc- of o -, iL " ? ctt c€:tL fc* d : i' - ( q-tte (-6 1/ t cO t--tr g It+,,u ;r D;tr 90tl tf t -c- "J o rE ct'J !4+ (' t- Tr*' o '12') *#"*.--'X i6 i< -i.,,'rr 7 5, 6o - G* ::.vJr tr filfF fa' *; ' r - . - fr).? t.,,=s' coNFrDENrr^uryl.,orrcE t) WK^rroN l'C,t- VuJ5 THIS FACSIMTLE TEANSMISSION AND ANY ACCOMPANYING DOCUMENTS CI 1-t ouretfuu { lr A c)€ 14 <r- f,''FCrfii! 7{= ficw'ojnT tl c't'to5' (.. t T' c^:r ct- ?; D iIfAlt"^'i1t '3:- T>"(r 1 t:-.."u!',1,r;rA'ri) BELONGING TO THE SENDER, WHICH MAY BE CONFIDENTAL AND LEG^LLY PRIVILEDGED. THIS INFORMATION IS INTENDED ONLY FOR TI{E USE OF THE INDTVIDUAL OR ENTTTY TO WHOM THIS FACSIMILE TR^NSMISSION q'AS SENT AS INOICATSO ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT. ANY DISCLOSURE, COPYING. OISTRIEUTION, OR ACTTON TAKEN IN RELIANCE ON THE CONTEDTS OF THE INFORMATION CONTAINED IN THIS FACSIMILE TRANSMISSION IS STRICTLY pRoHrBrTED. rF YOU HAvE RECEMD THrS TR.ANSMtSSTON rN ERROR. PLEASE CALL (970) 2E5-9rr9 TO AR]TNGE FOR THE RETURN OF THIS DOCUMENT TO US. THANK YOU t ,J 9, czJ{ JUL|W GVF 285 - @!PAlt!l[: SAp 11 O? O8:34a GVt 285-p-? GRAND VALLEY FIRE PROTECTION DISTRICT 17 7 7 8,, BATTLEMENT PARI(WAY PO BOX 295 PARACEUTE' CO E1635 (970) 28s-9119, FAX (970)285'9748 Date Planner Garfield CountyBuilding & Planning Dept' 109 8m Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Planner's Name, I have reviewed the appticant's request and have verified that it lies within the Crrand Valley Fire protection District. iie "ppli"*i will need to provide the following minimum fire protection practices as apart of their "Fire Protection Plan"' The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protetiion sprinklers. Becallse ofthe size of your project, it would ?rpPeat that the localized water supply systems (NFPA l23l) and fue protection sprirkles might be better suited to provide such protection' The use of sprinklers in new construction is always encouragd and has proved to be both cost effective and to have made the critical difference in the "saving of a structure"' The key element ofa 13D system is to provide enough suppressant to g€t the oicupants out ofthe residence' The system is designed to provide a f O--minuie water suptry. In a normal urban setting, with prompt notification to the firg, department, a response and ixtinguisnment can be started during this 10- minute time frame. Howerer, with a small volunt..t fu" department, which does not staff fire station orews, response times oan be much longer' Hence, it is hoped the sprinklers provided enough time for tire occupants to leavg but the-fire has most likely continued to brrq and after the lb-minute period of water delivery, the fire may again start actively burning', Fire sprinklers are not required in structures less than 3500 square fee! however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire' The recommendations of NFPA l23L are to have a water supply located within 150 feet of a residence, a 4 Yz" hydrant connection capable of providing 500 gpm and a capacity t9 !' determined by the rtur" footage of the risidence. After oonzulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkleriystems would be optional for residence up to 3500 square feet. Resid**, ou., 3500 square feet will need to have both the calculated size storage t * *a a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirement, dk a"f.nriUle space, the Colorado State Forest Service has recommended using the L Sep 11 OA 08:34a GVt 285- .a p.3 NFpA 299 skndard, Protection of Life and Property from Wildfire. The Grand Valley Fire protection District, as well as the other fire districts within Garfield County, has adopted this as the standard within its boundaries. Other issues to be included and noted in the proposal are as follows: minimum now bf ZO gpm with duration of ten minutes or 260 gallons (see Section 2-l) is required. The storagi tank used for fue protection will be seParate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and dom6stic uie, the iequirenienilof tne code shall be met. Annual insPection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For strucfirres over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be zupplied from the firewater cistern (for those structures 3500 square feet or greater). An agreement to use the water stored in a fire water cistem, in the event of an emergency, is noi limited to the specific residence where it is located and that its use/need is at the disoretion ofthe fue department. T}rc water supply (firi water cistem) is for fire protection only, not to be used for domestic use. - ffth" homeowner wishes to combine the fire water cistern with domestic use water, an additional amount of storage will be required to maintain the minimum required fire water protection capacities. If the above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. IfI can be ofanyassistance, I can be reached at(970)285-9119, or cetl (970) 285-9851. David A. Blair District Fire Chiet G\EPD Developerihomeowner Name File Xc: , RECEIVED sEP 1AJ002 GARFIELD COUNTY 8t,fl.DING & PI.ANNII.IGFred Jarman, Senior Planner Garfield County Building and Planning 108 8th Street Suite 201 Glenwood Springs, CO 81601 RE:Monument Ridge Subdivision-Preliminary Plan HCE Project No. 2000060.01 Dear Fred, First I would like to summarize our response to the conditions of approval noted in the Planning Commission agenda dated August 14,2002. We agree with all items and these items have been addressed or will be addressed at Final Plat. On Items 9 and 13, we have provided updated details for the 3000-gallon combined domestic and fire prevention tank and have noted on the plat that the property owner will be required to install the tank within 150' of the residence. From the Planning Commission staff report of September 11,2002 we have included the following responses to the StaffRecommendations on Pages 6-9. Item 1:No Comment Item 2:No Comment Item 3: Added Note #32 on the Plat. Item 4:Added Note #31 on the Plat. Item 5:Will be provided at Final Plat. Item 6a: Applicant agrees. Item 6b: Applicant agrees. Item 6c: Revised on the Preliminary Plat dated 9-12-02. Item 6d: Revised on the Preliminary Plat dated 9-12-02. Item 6e: Provided at Final Plat. Item 7: Applicant agrees. Item 8: Applicant agrees; and will provide in SIA at Final Plat. item 9: Revised to 3000 gallon domestic and fire storage water as described above. Item 10: Applicant agrees and will pay attime of Final Plat. Item 11: Applicant agrees and will pay attime of Final Plat. Item 13: Revised to 3000 gallon domestic and fire storage water as described above. Item 14: Applicant agrees and will provide in covenants aad SIA at final Plat. Item 15: Revised on the Preliminary Plat dated 9-12-02. Item 16: Applicant agrees and will provide in covenants. Item 17: Revised on the Preliminary Plat dated 9-12-02. 1517 BlakeAvenue, Ste. 101 Glenwood Springs, CO 81601 phone 970 945-8676 .fax 970 945-2555 I4 Inverness Drive East, Ste. D-[i6 Englewood, CO 80112 phone 303 925-0544 .fa,c 303 925-0547 Grand Junction, CO 80501 phone 970 858-09jj .fax 970 858-0275 Fred Jarman September 12,2002 Page2 If you have any questions or need additional information, please feel free to call. Respectfully, HIGH COUNTRY ENGINEERING, INC. Roger Neal, P.E. Principal Engineer Encl. cc: Peter Heineman, Foothills Land and Development 4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONUMENT RIDGE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONUMENT RIDGE ("Declaration") made this day of ,2002,by FOOTHILLS LAND AND DEVELOPMENT, lNC. (a Colorado Corporation), "Declarant'. RECITALS A. Declarant is the owner of that certain real property in the County of Garfield, State of Colorado, described in Exhibit "A' to this Declaration which shall be the property ("Property') under this Declaration. B. Declarant deems it desirable to impose general plan for the improvement, development and maintenance of the Property and to adopt and establish covenants, conditions and restrictions upon the Property for the purpose of enhancing, maintaining and protecting the value and attractiveness thereof. C. Declarant deems it desirable to establish a Colorado non-profit corporation, Monument Ridge Homeowners Association, lnc., which shall be responsible for the management and maintenance of the planned development referred to herein and enforcement of the terms of this Declaration. COVENANTS AND AGREEMENTS NOW, THEREFORE, Declarant hereby covenants, agrees and declares that tlie Property shall be held, sold, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a general plan for the improvement and development of the Property. All of said limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land, shall be binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in the Property or any part thereof and the successors in interest of such parties, and are imposed upon the Property and every part thereof as equitable servitude's which may be enforced by the Declarant, its successors and assigns, each Owner (as hereinafter defined), his successors and assigns, or by the Association (hereinafter defined), its successors and assigns; provided, however, that no provisions of this Declaration shall limit, in any way, Declarant's construction of improvements on and development of Monument Ridge nor Declarant's right to maintain construction, sales or leasing offices or similar facilities on any real property in Monument Ridge owned by declarant (or owned by an Owner with the consent of such owner ), nor Decrarant,s right to post signs incidentar toconstruction, sale or leasing. ARTICLE I DEFINITIONS 1.1 "Articre'shail mean Articres of tncorporation of Monument RidgeHomeowners Association, lnc., filed'with th" cororaoo s".-trry of state,as said Articles my be amended rrom time to time, provided such Articles ,'* s' [?1 j;,1;en d ed, ch a n s J .'r ; i. ;;;;ted so i i to u"-i n co n s istent with 1'2 "Assess-ment" shall mean and refer to any or all of the Assessmentshereinafter defined: (a) 'Regular Assessment' shail mean and refer to a charge againsteach Lot representing that portion of the common Expensesattributabre to such Lot 9s provided roiin ir,i.'o".rrration.(b) "speciatAssessment" shari mean and refer to a ctrarge againstany Lot, direcily attributabre to such ownei, ioiJrt.in costsincurred by the-Association oi Decrarant for materiars orservices furnished to such owner or his rot Ji tne request of oron beharf of such owner, or a as a resurt of any o*n", fairing tomaintain any portion of his Lot in accordance with theprovisions of this.Dectaration, or ?s a resurt of the negtigence orwittfut misconduct of any ownei, htH;6yJ"r,'Er"rt, o,,invitees, or for excessivb use or speciat use of the services orfacitity provided by the nssociiiion, incruding, but not rimited toparking, trash removar and maintenance of impror"ments.(c) "capitar tmprovement Assessme;E;;-il il#lLil refer to acharge against any.Lot representing , portio; ;ift cost of theAssociation for the instattdtion, construction, unexpected repairor replacer"nl_:f- T-y,capital improveme nts, i ncl ud i n g thenecessary fixtures and person pioperty rerateo irrlieto, on theProperty upon which th; nssociatibl l,gv [" ,"ir,Lo to instar,construct, repair or replace any capital irpior",ilnt, ,,provided in the Declaiation. 1'3 "Associa.tion" shail mean and refer to Monument Ridge HomeownersAssociation, rnc., a non-profit mutuai o"n"ii .orporation, incorporatedunder the laws of the State of Colorad;. - - 1'4 'Associatiq4 water" shall mean and refer to ail water or water rights, ditchor ditch rishts, reservoir or water.storage ;;hd i;;'r;;i;g by]oi,irit"o ,odomestic water welts owned by the d;;;;ti;r. 1.5 "Board' shail mean the Board of Directors of the Association. I 2 { 1'6 "Bvlaws'shall mean the Bylaws of the Association which have been or willbe adopted by the 'drd, ;;.such eyLws rrv u: amended from time totime, provided said evraws snalilrt;;;il;ied, changed orinierpretedso as to be inconsistent with this DeJa;il;;:" 1.7 "ccroA' mggns the cororado common rnterest oTgTrlip Act presenry ffiti:i,il,":8_33.3_10 1, eiseq., as it may sr6."qr"n,y be amended from 1'8 '-ggTmon Area' sha, mean any and arr rear property and thermprovements thereon, and any personar property, owned or reased fromtime to time by ttre nJsoci"jion-rdr u," ."riir-J, use and enjoyment of theMembers' rn-e common n*3 .g.lgisting oi ,..l property, if any, shart beas shown on the. recorded p[t.*i*,in td#ilescribed in exhibit ?,.common Area shail,rroinliro" irl,;;;;il;estic irrigation and waterlines and equipment o"rirffi water to e"ctr loi.in.naon,i"niRkig",incruding any iuch ri*r .no',iquipment 6.ri"i'i, individuar rots.Decrarant sha, conv;tih;'a;rmon Area tJ tn" Association, free of a,tiens and encumbranrLr "*I,:Tr:r*iioiJq:n, taxes (which taxesshail be prorated ,. of il.," o.je_9f conygyrnJ"),,tifle exceptibn, or recordand the covenants, tonoiti*t, reservations rnd restrictions contained inllsfJ.::rffi rr'a tnu-in'-t'iJrent wnicrr toir.v, the common Aiea to 1.9;ffi',shallmeanandrefertotheactualandestimated (a) maintenance, management, operation, repair and repracementof the c o m mo n nre 1,_ to,*r ; ;;6 ;ilrdriolJ i,i ili J ii;:L rati on ;(b) fire, casuarty, riaoirity and other inrrlrn." covering the r.r 3,",[[i-tli3,il *P'i;;; ; ;'#;; Jn', t i o n. ro i,i r "i, p r oye e s ;(d) management and administration of the Asso-ciation, incruding,but not rimited to, oonoin;il# ffi"r, of the Board, officersand emproyees of the Asloci.ti.r,'ili.Tmpensation paid bythe Association to accountants, ,ttoin"v. and emptoyees, forservices benefiting the Associriion or'lommon Area;(e) reasonable reservl, ". rppropriate;(0 taxes paid by tf," Ar.o.iation;(g) amounts paii uy*rE nsso.irtion for the dis-charge of any rien or ,"#t:H*nce levied against #" c"rr"n Area or any pbrtion (h) amounts paid or incu,ed by the Association in cortectinoassessments p u rs ua nt to. Artict" ti h;;;; ; ;;rdi;#rJ.,t, nr,*p^":fl to purchase a tot in d;..ti"n with the forecrosureof the assessment lien againsi;;hG; expenses incurred by the Association for any reason whatsoever in connection with the common Area, this Declaration or any amendment to this Declaration, the Articles, or the Bylaws or in the furtherance of the purposes of the Association or in the discharge of any obligations imposed on the Association by the Board pursuant to this Declaration or any amendment to this Declaration; maintenance and upkeep of the Lots of the individual Owners, to the extent such responsibility is expressly assumed by the Association. 1 .10 "@re" shall mean and refer to conveyance of a fee simple title, or lease of any part of the Property. 1.11 "DSlAIilfl shal! mean and refer to Foothills Land & Development, lnc. a Colorado Corporation, its successors and assigns. 1.12 "Lot' shall mean and refer to each numbered Lot or Parcel now existing or to be created from the Property described in Exhibit'A and any additional real propefi to any time annexed thereto. The boundaries of a Lot shall be as shown and defined on the original plat map and on any addition or re-plat map or maps recorded in the Garfield County Records. 1.13 "Unimproved Lof shall be a Lot upon which no improvements have been constructed. 1.14 "l4plgygg!.p!' shall be a Lot upon which improvements have been constructed. 1.15 'Membe/ shall mean and refer to every person or entity who holds a membership in the Association as provided in Article ll, Section 2.1. 1.16 'M.g!g4e' shall mean any mortgage or deed of trust or other conveyance of a Lot, or any interest therein, including but not limited to, the improvements thereon, to secure the performances of an obligation, which Lot will be reconveyed upon completion of such performance. 1.17 "M-grtg.1reg" shall mean and include mortgagees, trustees, beneficiaries and holders of deeds of trust, and the holders of any indebtedness secured by mortgages. 1 .18 "Mgfiggref" shall mean and include mortgagors and trustors under deed of trust. 1.19 'Owne/' shall mean and refer to Declarant and to any person or entity holding a record fee simple ownership interest in any Lot which is a part of (i) 0) 4 1.20 1.21 the Property, including contract purchasers, but excluding Mortgagees and those having such interest merely as security of the performance of a obligation. uPIg.EiU" shall mean and refer to all the real Property described on Exhibit 'A' hereto, together with any real propefi annexed thereto in the future. "Monument Ridge' shall mean all of the Property, and improvements thereon, now or hereafter subject to this Declaration or any amendment to the Declaration. ARTICLE I! THE ASSOCIATION MEMBERSHIP; VOTING RIGHTS; DEGLARANT CONTROLS Membership. Every Owner of one or more Lots in the Property shall be entitled and required to be a member of the Association, subject to the voting rights provisions of this Article ll. No person or entity other than an Owner of one or more Lots in the Property may be a member of the Association. Allocation of Votes. Each Lot shal! be allocated one vote in the Association, subject to Section 2.5 below. No Cumulative Votino. ln the election of directors, cumulative voting shall not be allowed. Membership Appurtenant. Membership in the Association shall be appurtenant to and inseparable from a Lot. Membership in the Association may not be transferred except in connection with the transfer of ownership of a Lot. Declarant Control. (a) Notwithstanding anything stated elsewhere in this Declaration, until the earliest of: (1) ten (10) years after the date of recording of this Declaration in the office of the Garfield County, Colorado, Clerk and Recorder; (2) sixty (60) days after conveyance of 75 percent of the Lots to owners other than Declarant; or, (3) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business, Declarant may appoint and remove officers and members of the Board of Directors of the Association, subject to the limitations a stated in this section. (b) Not later than sixty (60) days after conveyance of 25 percent of the Lots which may be created by the terms of this Declaration to Owners other than Declarant, at least one member, and not fewer than 25 percent of the members, of the Board of Directors must be elected by the Owners of Lots other than Declarant. 2.1 2.2 2.3 2.4 2.5 (c) Not later than sixty (60) days after conveyance of 50 percent of the Lots which may be created by the terms of this Declaration to Owners other than Declarant, not fewer than 33 1/3 percent of the members of the Board of Directors must be elected by Owners other than Declarant. (d) Not later than the termination of the period of Declarant control specified in subsection 2.5(a) of this Article, the Owners shall elect a Board of Directors of at least three (3) members, at least a majority of who must be Owners other than Declarant or designated representatives of Owners other than Declarant. The Board of Directors so elected and officers shall take office upon termination of the period of Declarant control specified above. (e) Notwithstanding anything to the contrary stated elsewhere in this Section 2.5, by a vote of 67 percent of all persons present and entitled to vote at any meeting of the Owners at which a quorum is present, any member of the Board of Directors may be removed with or without cause, other than a member appointed by Declarant. 2.6 Quorum. A quorum will be deemed present throughout any meeting of the Association is persons entitled to cast 20 percent of the votes which may be cast for election of the Board of Directors of the Association are present in person or by prory at the beginning of the meeting. A quorum will be deemed present throughout any meeting of the Board of Directors of the Association if persons entitled to cast S0percent of the votes on the Board are present at the beginning of the meeting. ARTICLE III PROPERTY RIGHTS IN THE LOTS AND COMMON AREA 3.1 Title to the Lots. The Declarant, its successors and assigns, shall convey fee title to the Lots subject to current real propefi taxes, which taxes shall be prorated to the date of transfer, and easements, conditions and reservations then of record, including those set forth in this Declaration. No Owner shall be entitled to sever his ownership interest in a Lot from his membership in the Association, provided that this clause shall no be construed as precluding the Owner of a Lot from creating a co-tenancy or joint tenancy with other person or person. 3.2 Title to the Common Area. The Declarant, its successors and assigns, shall convey fee simple title to the Common Area to the Association, free and clear of all liens and encumbrances, except easements, conditions and reservation then of record, including those set forth in this Declaration at any time but not later than conveyance ol75 percent of the Lots to owners other than Declarant. 6 3.3 Members' Easements of Eniovment. Every Member shall have a non- exctusive right and easement, in and to the Common Area, including, but not limited to, an easement for ingress, egress and support over and throughout the Common Area, and easements for utilities and drainage. Each such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (i) ffre right of the Association to adopt uniform rules and regulations pertaining to the use and enjoyment of the Common Area; (b) The Association may borrow money and encumber by mortgage or deed of trust the common Area or any part thereof for the purpose of improving the Common Area, provided any such mortgage or deed of trust shall be expressly subordinate to the right of the Members herein; (c) The right of the Associatlon to suspend a Member's voting rights for may period during which any Assessment against his Lot remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association, provided that any suspension of such voting rights except for failure to pay assessments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the bylaws of the Association; (d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds of the votes may been recorded, agreeing to such dedication or transfer, and provided written notice of the proposed action is sent to every Member no less than thirty (30) days nor more than sixty (60) days in advance. (e) The right of Declarant or its designees to enter upon the planned development for purposes of construction of the development and for purposes of making repairs and remedying construction defects; provided such entry shal! not interfere with the use of any occupied Lot unless authorized by the Lot Owner. 3.4 Deleqation of Use. Any Member may delegate in accordance with the Bylaws, his right of enjoyment to the Gommon Area to the members of his family, his guests and invitees, or his tenants, or contract purchasers who are in possession of such Member's Lot. 3.5 Waiver of Use. No Member may exempt himself from personal liability for assessments duly levied by the Association nor release the Lot owned by him from the liens and charges hereof, by waiver of the use and enjoyment of the Common Area or by abandonment of his Lot. 3.6 General Restrictions. All future Owners of the Lots by their acceptance of their respective deeds, covenant and agree as follows: (a)That the Common Area shall remain undivided, and no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of Owners with respect to the operation and management of the Property. The Association shall have a perpetual and non-exclusive easement on all Lots for the purpose of ingress and egress in connection with the maintenance of and repairs to the Common Area, including with limitation, the domestic irrigation and water system. The Association shall implement and follow a program of noxious weed control which shall address the control and elimination of Canadian Thistle and other plant species included on the Garfield County Noxious Weed List. ln general, the weed management plan shall consist of the following components.(i) Prevention and Control. The quick revegetation of disturbed (iii) areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densities will leave noxious weed little opportunity to establish. The use of hay that is certified as seed free is also recommended. lnventorv. Each Lot should be inspected to identify any infestations of noxious weeds. An accurate record should be kept of the application and success of weed infestation eradication efforts. Eradication. Elimination of noxious weeds can be achieved through: a. Mechanical Controls physically remove the entire weed plant or eliminates the plant's ability to produce seed. b. Biological Controls relying on organisms (insects or plant pathogens) to interfere with weed growth. c. Chemical Controls use herbicides to eliminate weeds. Special care must be used with herbicides to avoid damage to desirable plat species and to avoid contamination of ground water. An effective weed management program may involve all three methods of eradication as well as a long term commitment to prevention and control. Assistance in the development and implementation of a weed management program is available through the Colorado State University Co-operative Extension Service and from the Garfield County Office of Vegetation Management. lt is the individual Lot owner's responsibility according to the Colorado Noxious Weed Act and Garfield County's Weed Management Plan, to manage any noxious weeds on hi or her propefi. ln the event a property owner fails to effectively control noxious weed on their Lot, the Association shall have the right to enter upon the Lot and conduct a weed control program with the area of such Lot, (b) (c) ( ii) 4.1 ARTICLE IV COVENANT FOR ASSESSMENTS Creation of the Lien and Personal Oblioation of Assessments. The undersigned, for each Lot within the Property (including any Lots subsequently added under Article Xll below), covenants, and each Owner of any Lot by acceptance of a deed for that Lot, whether or not it shall be so expressed in that deed, is deemed to covenant and agree to pay to the association: (a) all assessments or charges levied against that Lot; (b) all fees, charges, late charges, attorneys fees, fines, collection costs, and interest charged pursuant to this Declaration or as allowed by Section 33- 33.3-316(1), C.R.S., or any other provision of CCIOA as it may be subsequently amended by any other applicable !aw. All items set forth in this section, from the time such items become due, shall be a charge on covenant running with the land and shall be a continuing lien on the Lot against which each such item is charged. lf an assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid Association acceleration of installment obligations. Each such item, together with interest, costs, and reasonable aftorneys fees, shall also be the joint and several personal obligation of each person and entity who was the Owner of the Lot at the time when the item became due. This personal obligation shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may be exempt from liability for assessments by waiver of use or enforcement of Common Expenses, Association, Water, or other assets or benefits of the Association, or by abandonment of Lot or Residence. Purchase of Assessments. The Assessments levied by the Association shall be used exclusively for: Common Expenses; to promote the health, safety, or welfare of the residents in Monument Ridge, or for the benefit of the Common Area or Association Water; or for any other purpose of the Association as those purposes are specified by the Articles of lncorporation of the Association (as amended from time to time); or as otherwise authorized by CCIOA. lnitial Assessment. (a) The initial assessment for Common Expenses of the Association shall be fixed in an amount set by, and made upon the resolution of, the Board of Directors of the Association. (b) After any assessment has been made by the Association, assessments shall be made no less frequently than annually based on a budget adopted by the Association as described elsewhere in this Declaration. Assessments may include, without limitation, allocations for reserves for repair or replacement of existing capital items and acquisition, construction, and existing capital items and acquisition, 4.2 4.3 9 construction, and installation of new improvements, all to the extent set forth in the approved budget upon which such assessment is based. (c) Until the Board of Directors of the Association makes an assessment, all expanses of the Association shall be paid by Declarant. 4.4 Date of commencement of Annual Assessment Due Dates. The ftrst Assessment for common Expenses shall be adjusted according to the number of months remaining in this calendar year for which the Assessment is made, if less than a full year. Thereafter, the Board of Directors shalt fix the amount of the Annual Assessment against each Lot at least thirly (30) days in advance of each Annual Assessment period. Written notice of the Annual Assessment shall be sent to every Owner subject to the Assessment. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonabre charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. 4.5 Expense Allocation. Except as otherwise stated in this section, each Lot shall be allocated a fraction of the Common Expenses of the Association in which the numerator is one and the denominator ifs the number of Lots then in the_Property. Any common Expense or portion of any common Expense benefiting or caused by fewer than all Lots shat! be assessed exclusively against the Lots benefited by or causing the Common Expense. 4.6 Fffect of Non-pavment of Assessments: Remedies of the Association. Any Assessment not paid within thirty (30)days after the due date shall bear interest ftom the due date at a rate not to exceed 21 percent per annum set annually by the Association's Board of Directors. ln the event the Board fails to set the interest rate, the rate shall be 15 percent per annum. 4.7 Prioritv of Lien. The lien for assessments which includes alt those items specified in item (a) and (b) in Section 4.1 of this Article lV shall have the priority specified in ccloA which, as of the date of this Declaration, is codified at Section 38-33.3-310(2), C.R.S. ARTICLE V BUDGET AND RECORDS 5.1 Books and Records. The Board of Directors shall cause to be maintained a full set of books and records showing the financial condition of the affairs of the Association in a manner consistent with generalty accepted accounting principles. All books, records, and papers of the Association shall be available for inspection and copying by any Member or his representative during regular business hours at the principal offtce of the Association. The Board of Directors may establish reasonable rules concerning notice to be 10 5.4 5.5 5.2 given the custodian of the records by anyone desiring to inspect them, and payment of costs of reproducing any documents requested by any Member. Annual Budoet. The Board of Directors shall cause to be prepared no less than annually an operating budget, balance sheet, and cash flow statement for the Association. Deliverv of Budqet. Within thirty (30) days after adoption of any proposed budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor mare than sixty (60) days after mailing or other deliver of the summary. Ratification of Budqet. Unless at that meeting Owners representing a majori$ of all Lots reject the budget, the budget is ratified, whether or not a quorum is present. Reiection of Budoet. ln the event that the proposed budget is rejected, the present budget last ratified by the Owners must be continued until such time as the Owners ratiff a subsequent budget proposed by the Board of Directors. 5.3 5.6 Reserve Fund. As part of eaoh annual budget, the Board of Directors shall include an amount which, in its reasonable business judgement, will establish and maintain an adequate reserve fund for the replacement of any personal property, fixtures, and improvements required to be operated or maintained by the Association based upon age, remaining life, reptacement cost, and any other relevant factors. ARTICLE VI NON-PAYMENT OF ASSESSMENTS 6.1 Delinquencv. Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. lf any such Assessment is not paid within thirty (30) days after the delinquency date, the Assessment shall bear interest from the date of delinquency at a rate not to exceed 21 percent per annum and in addition to all lega! and equitable rights r remedies, the Association may, at its option, bring an action at law against the owner personally obligated to any the same or, upon compliance with the notice provisions set forth in Section 6.2 hereof, proceed to foreclose the lien (provided for in Section 4.1 hereof) against the Lot, and there shall be added to the amount of such Assessment and interest thereon, al! costs which may be incurred by the Association in the collection thereof, including reasonabte attorneys fees. Each Owner vests in the Association or its assigns, the right and power to bring all action at law or institute judicial foreclosure 11 proceedings against such Owner or other Owners for the collection of such deli nq uent Assessments. 6.2 Notice of Claim of Lien. No action shall be brought to foreclose an Assessment lien or to proceed under the power of sale provided in Section 6.3 less than thirty (30) days after the date a notice of claim of lien is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the office of the County Recorder in the county in which the Property is located. Said notice of claim of lien must recite a sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the amount claimed (which may at the Association's option include interest on the unpaid Assessment, plus reasonable attorneys fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the Association as claimant. 6.3 Foreclosure Sale. Any such provided for above is to be conducted in accordance with those provisions of the laws and rules of the courts of the state of Colorado applicable to the foreclosure of mortgages and deeds of trust, or in any other manner permitted or provided by law. The Association, through its duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same, in the name of the Association. 6.4 Curinq of Default. Upon the timely curing of any delinquency for which a notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, a certificate setting forth the satisfaction of such claim and release of such lien, upon payment by the defaulting Owner of a fee, to be determined by the Association, to cover interest, the costs of preparing and filing or recording such release, and other expenses incurred. 6.5 Cumulative Remedies. The Assessment lien and the rights of foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have hereunder and by law, including a suit to recover a money judgement for unpaid Assessments, as above provided, all remedies being cumulative. ARTICLE VII ARCHITECTURAL CONTROL 7.1 ArchitecturalApproval. All improvements on any Lot shall be in compliance with the zoning approved by the County of Garfield. No building, fence, wall, sign or other structure shall be commenced, erected or maintained upon the Property (including Common Area), nor shall any exterior addition to or change or alteration therein (including painting) be made until the plans and t2 specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the Architectural Committee (ACCO) provided for in Section 7.2 hereof as to harmony of external design and location in relation to surrounding structures and topography. Provided that Declarant, its successors or assigns shall not be required to comply with the provisions of this Section7 .1. ln the event said Committee, or its designated representative, fails to approve or disapprove such design and location with thirty (30) days after said plan and specifications have been submitted to it, approvalwill not be required and this article will be deemed to have been fully complied with. All improvement work approved by the Architectural Committee shall be diligently commenced and completed. 7.2 Appointment of Architectural Committee. The Declarant shall initially appoint the Architectural Committee consisting of not less than three (3) members, who shall remain in office until: (a) ten (10) years from the date of recording of this Declaration; or (b) all of the Lots in the Property have been sold and deeds thereto recorded in favor of Owners, whichever shall first occur. From and after such time and event, as the case may be, the Architectural Committee shall be appointed by the Board of the Association and shall be composed of three (3) or more representatives who need not be Members of the Association. ln the event of the death or resignation of any member of the Committee prior to the time when the Board of the Association is vested with authority, the Declarant shall have the right to appoint such members successor. 7.3 No Liabilitv. Neither Declarant, the Association, or the Architectural Committee or the members thereof shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any Owner of property affected by these restrictions by reason of a mistake in judgement, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specification. Every person who submits plans or specification, and every Owner of any of said Property agrees that he will no bring any action or suit against Declarant, the Association, the Architectural Committee, or any of the members thereof to recover any such damage. 7.4 Notice of Non-Compliance or Non-Completion. Not withstanding anything to the contrary contained herein, after the expiration of one (1) year from the date of completion of construction of any improvements within the Property, said improvements shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all the provisions in this Article vll, unless actual notice of such non-compliance or non- completion, executed by the Architectural Committee or its designated representatives, shall appear of record in the office of the county Recorder of 13 Garfield county, colorado, or unless legal proceedings shail have been instituted to enforce compliance or completion. 7.5 Fuleseld Besulations. The Architectural Committee may from time to time, in its sole discretion, adopt, amend and repeal rules and iegulations interpreting and implementing the provisions hereof. 7.6 Vaflances= Where circumstances, such as topography, location of property lines, location of trees, or other matters require, the Aichitectural Committee, by the vote or written consent of a majority of the Members thereof, may allow reasonable variances evidenced in writing as to any of the covenints, conditions or restrictions continued in the Declaration under the jurisdiction of such Committee, on such terms and conditions as it shall require. The granting of a variance shall not operate to waive any of the terms and provisions of the Declaration for any purpose except at the particular provision hereof covered by the variance and shall not necessarily serve as a basis for subsequent variances with respect to the other Lots. fhe granting of any variance shall not affect in any way the Association's or 9*1ll obligation to comply with the laws and ordinances of the County of Garfield and other applicable governmental laws or regulations. 7.7 Appointfnent and Desionation. The Architectural Committee may from time to time, by the vote or written consent of a majority of its membeis, detegate any of its rights or responsibilities hereunder to one or more duly licensed architects, eng-ine-ers or other qualified persons who shall have iull authority to act on behalf of said Architectural Committee in all matters delegated. 7.8 RqYiew.Fee and Address. Any plans and specifications shall be submitted in writing for approval together with a reasonable processing fee. The address of the Architectural Committee shall be the principal place of business of the Association of such other place as the Architectuial Committee may from time to time designate in writing to the Board of Directors. Such address shall be the place for the submittal of any plans and specifications and the place where the current rules and regutation, if any, oi the Architectural Committee shall be kept. 7.9 f nspection. Any member or agent of the Architectural Committee may from time to time at any reasonable hour or hours and upon reasonable notice enter and inspect any property subject to the jurisdiction of said Architectural Committee as to its improvement or maintenance in comptiance with the provisions hereof. 7.10 General Provisions. The members of the Architectural Committee shall not be entitled to any compensation for services performed under Article Vllhereof. The powers and duties of such Committee shall cease and terminate on a date for$ (a0) years after the date of the recording of this Declaration. 14 8.1 Thereafter, the approval described in Article Vll shall not be required unless,prior to said termination date and effective thereon, a written instrument shall be executed and duly recorded by the then record Owners or a majority ofthe Lots appointing a representative or representative who shall thereafter exercise the same powers previously exercised by said committee. 7.11 . The Declarant, its successors and assigns, and all future Owners of any Lot, and their successors and assigns by their acceptance of their respective deeds, and the Association shall 5e bound by and subject to the laws and ordinances of the County of Garfield and all other applicable governmental laws or regulations. No buitding or other structure or addition or change or alteration thereof shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain erected, placed, altered, maintained or permitted to remain on any gt tfq real property within the Propefi, inctuding ine common Area, which is in violation with any of the laws or ordinances oithe County of Ga#eld orany other applicable governmental laws or regulation. AS SoqAno N Stll?trl'rill owN E RS, u s E Authgritv. The Association shall have all rights, powers, and authority lpecified or permitteg ov, gg) ccroA; (b) any oiner appiicaute law; (c) tnisDeclaration; and (d) the Articles and Byliwsbt tne Association to thL extentnot inconsistent with (a), (b), or (c). Actiols Aqainst Owners. The Association may take judicial action againstany Owner to enforce compliance with any provisions of this Dectaraiion, obtain mandatory or injunctive relief, or obtiin damages for non-corfrirr." and exercise any other right or remedy for enforcem6nt of this Declaiationpermitted by law. All of such rights and remedies of the Association shall becumulative. conveyance or Encumbrance. The Association shail have the right toencumber, dedicate, or convey all or any part of the Gommon Area or theAssociation interest in Association Water or any other Association asset.However, no such encumbrance, dedication, oi conveyance shall be gffgcti.ve glcept in an instrument signed by 7s percenfof the owners, including 75 percent of ail owners other than dedarant, agreeing to suchencumbrance, dedication, or transfer which has been recolded in tne Garfi.eld Cgunty records. Such an instrument may be signed ln counterpartswhich shall together constitute a single agreement. Peleqetlgn of use.. Any owner may delegate, subject to any Bylaws of theAssociation, his right of enjoyment io the -common Area and use ofAssociation water to the members of his family residing with him, histenants, or contract purchasers who reside onihe Lot owned Oy ifrat Owner. 8.2 8.3 8.4 15 8.5 Declarant's Use. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant, its successors and assigns, or any agent contractor subcontractor or employee of the Declarant to maintain during the period of construction and sale upon such portion of the properties as Declarant deems necessary such facilities as in the sole opinion of Declarant may be reasonably required, convenient or incidental to said construction and sale, including, but without limitation, a business office storage area, construction yards, signs model units and sales office. Owner's Use. ln addition to the duties stated elsewhere in this Declaration, each owner shall have the duty and obligation to perform and comply with the following restrictions to preserve the overall value of the entire property: (a) Minimum Floor Area. No dwelling shall be erected or placed on any Lot in Monument Ridge unless said dwelling has a ground floor area (exclusive of porches, garages, and decks) of 1200 square feet or more. No dwelling shall be erected or placed on any Lot in Monument Ridge unless said dwelling has a totalfinished floor area (exclusive of parches, garages, and decks) of 1800 square feet or more. (b) Roof. Material for roofs shall be wood shingles or shakes, concrete or clay tile, metal, or asphalt shingles. Other roofing materials may be approved by the ACCO. Roofing materials shall be in an earthtone or muted color to blend into the surrounding landscape. (c) Exterior Wall Surfaces.(i) Exterior siding must be primarily of natural materials. Siding may be of redwood, cedar, or any wood properly finished.(ii) Natural Stone, synthetic stone, brick, stucco, or synthetic stucco may be used for any exterior walls, but masonry walls must be limited to masonry type for each elevation.(iii) Hardboards and compressed material siding are not permitted, except quality masonite lap siding may be approved by the ACCO. (d) colors. All colors of materials which are to be finished shail be painted or stained in'earth tones,'specifically those corors which echo or blend with the natural colors surrounding Monument Ridge. Bright colors are not acceptable. All projections, including flues, vents, gutters, downspouts, and flashings shall match the color of the surface from which they project or a trim color which is compatible. (e) Fireplaces and Stoves. No open hearth solid fuel fireplaces will be allowed anywhere within Monument Ridge. one (1) new sorid-fuel burning stove as defined by C.R.S. 25-7401, ef seg, and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances.(0 Waivers. Waivers of any provision of the restrictions set forth in this Article Vlll may be requested with submission of plans and 8.6 L6 (g) (h) specification. There shal! be a statement of reasons for any requested waiver of these restrictions. The ACco shall determine whether any requested waivers are reasonable and permissible in Monument Ridge. No storage of new or used construction materials shall be allowed unless in an approved enclosed area, except during constriction or remodeling periods. No advertising or signs of any character shall be erected, placed, permitted, or maintained on any Lot or building except:(i) A name plate of the occupant and a street number not to exceed eight square feet; "For Sale'signs; Signs which the First Amendment to the constitution of the United States of America would allow despite restriction, but then only those which are not large or overbearing. Each Lot owner shall at all times keep his, her, or its property in a clean, sightly, and wholesome condition. Each Lot owner shail provide suitable receptacles, with secured lids or covers, for the temporary storage and collection of refuse. Propane tanks located at Monument Ridge shall be underground, fulty screened or enclosed. (k) All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the Lot boundaries. (l) Allequipment, garbage, or storage piles shall be kept so as to conceal them from view of neighboring Lots and streets. Ar! rubbish, trash, or garbage shall be regularly removed from the Lots and shalt not be allowed to accumulate thereon. (m)The maximum height of fences shall be forty-two (42) inches. All rail fences and 3-strand wire fences shall have a twerve (12) inch separation between the top two rails or wires. catch corral fences enclosing less than five thousand (5000) square feet of area are gxempt from these fencing standards. chain link fences up to six (6) leet hioh will be allowed for the purpose of kennering a dod. n six (o) feet high privacy fence may be used to encrose a contiguous area of not more than two thousand (2,000) square feet when rocated immediately adjacent to a residence. Prior to construction of any fence, plans shall be submitted to and approved by the ACCO. (n) AII utilities, (including but not limited to power lines, telephone lines, and rV cable lines) serving any improvements, (this inciudes primary residential buildings as well as secondary structures such as guest - houses, garages, outbuildings, and storage sheds), shall be underground. (i) This requirement shall not apply to Declarant or its successors or assigns. (ii) (iii) (i) (i) 77 (ii) This requirement may be waived by the ACCO in instances where the installation of overhead utilities would not adversely affect visual corridors or view planes as seen from the roads or other Lots in Monument Ridge. This requirement may be waived by the ACCO if there are extraordinary costs or mitigating circumstances which in the sole opinion of the ACCO would cause the installation of underground utilities to be a hardship. (o) No further subdivision or re-subdivision of any Lot or combination of Lots covered hereunder shall be permitted without the prior written consent of the ACCO. This restriction shall not apply to the Declarant. (p) The grading of the Lots shall remain as close to original grade as possible, and no excessive grading shall be done without the prior written consent of the ACCO. (q) No lot owner shall change or allow material changes in the drainage of water onto nay adjoining Lot, common area, or easement.(0 No lot owner will cause or allow siltation and subsequent damage caused by siltation (such as obstruction of ditches), where material has washed from the offending Lot only an adjoining Lot, common area, or easement. (s) No lot owner will cause or allow erosion caused by diversion of any water onto an area not designed for proper drainage or diversion of storm water onto and adjoining Lot, common area, or easement. (t) Upon completion of any improvement or construction on any Lot, the owner shall to the greatest extent possible, as a minimum, restore the Lot to the condition which existed prior to the construction (taking into account such construction) so that the Lot and the improvements shall be in harmony with the surrounding unimproved propefi. (u) All roadcuts for private driveways and all excavations and site disturbances shall be revegetated with native plant materials or other landscape materials approved by the ACCO within one year of commencement of construction. Site disturbance shall be restored, to the greatest extent that is practical, to its original condition. (v) All private driveways shall be identified at or near the intersection with the common access road with the address number to identify each Lot. This sign shall have numerals at least 6" in height. The numerats shall be clearly visible from the road. (w) Driveways shall have culverts of at least twelve (12') inch diameter located at the junction to the main road unless the ACCO waives the requirement in writing. (x) Roadside parking is not allowed on common roadways or on dedicated easements, which must remain clear of vehicles except during short periods of construction, maintenance, or social gatherings. Any roadside parking hereunder will not obstruct the roadway; roads must be passable at all times. 18 (y) Other than short-term guests or agents of the owner, no more than four'-' (4) vehicles per residence (not including motorcycles) shall be kept outside on the property and in plain view. (z) No abandoned vehicles shall be permitted on any Lot except in an enclosed garage or protected from the view of all other Lots. A vehicle shall be considLred abandoned if it remains inoperative for a period of five (5) weeks. ARTICLE IX OTHER RESTRICTIONS 9.1 Well/Seotic Locations. lt is important to note that wells and/or individual @eldsmayhavepredeterminedlocations;therefore,itis important that prior to drilling or excavation the Garfield County Health Department, as well as the ACCO, be consulted prior to permitting, especially if wells and/or individual sewage disposal fields are proposed within 200 feet of any lot line. Should any alteration be required from the pre-determined areas, the ACCO must be consulted to review any deviation or alteration to qualify the request via geologicaljustification or other acceptable criteria in accordance with current procedures and Garfield Courity standards. All on-site sewage disposal systems will be engineered by an engineer licensed in the State of Colorado, qualified to design individual sewage disposal systems. No sewage disposal system which services more than one single family residence shall be designated or constructed in Monument Ridge with prior written consent of the ACCO. 9,2 Floodplain and Natural Drainaqe. Any new buildings shall avoid areas of naturat drainage. Natural drainages shall be preserved to the maximum extent possible. Absolutely no improvements or disturbances shall occur within the FEMA designated floodplain without the necessary permits. 100 year floodplains are shown on the Monument Ridge Plat. 9.3 Residential Use Onlv. All Lots covered by these covenants re residential Lots and shall be used solely for residential purposes. 9.4 No Temporarv Dwellinos. No trailer, recreational vehicle, mobile home, tent, shack, garage, outbuilding, "basement dwelling', or any temporary structure shal! be occupied or used as a dwelling, either temporarily or permanently. The foregoing shall not apply to the Declarant or its designated agents and the activities conducted by the Declarant or its designated agent. A trailer or recreation vehicle may be occupied temporarily, (only during construction), for one period not to exceed the time of construction or twelve (12) months, whichever is shorter. g.5 Trailers, Sinole and "Double Wide'. and "Modulars". No house trailers shall be permitted in Monument Ridge except as provided in paragraph 9.4 above. All homes shall be constructed on a permanent foundation. Modular and/or 19 factory built homes may be approved if the design is consistent with the standards for Monument Ridge. Any prospective homeowner who wishes to erect a modular home or a factory built home is encouraged to submit plans prior to purchasing a lot so that he may be sure that the proposed house design is acceptable to the ACCO. The ACCO will make every effort to expedite approval and/or comments on such application. 9.6 Burninq. No open burning shall be allowed unless supervised by the local fire department. However, trash or garbage may be burned on the property only in an approved incinerator and ln compliance with all Garfield County regulations. No coal or other types of fuel which give off smoke, except wood, gas, or pellets, shall be used for heating, cooking, or any other purpose. 9.7 Livestock. No commercial animals, livestock, or poultry of any kind shall be allowed, raised, bred, or kept at any residence, except that livestock consisting of cows, horsed, goats, or sheep may be kept for personal use as long as the total number of animals is four or less. Livestock shall not be kept for breeding or commercial purposes. Grazing of permitted livestock shall be done in a manner so as not to denude vegetation or'graze to dirt' except that livestock may be contained in a fenced area not to exceed % acre per animalwhich may be maintained free from grass or vegetation. Chickens and rooster may be kept for person use so long as they are confined (not free roaming) and their total number is ten or fewer. 9.8 Household Pets. (a) One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries. (b) Residents may keep no more than one (1) dog and two (2) cats as household pets and any offspring of such household pets not exceeding three (3) months of age so long as such pets are not kept for commercial purposes and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of Monument Ridge. Household pets shall be subject to any rules and regulations which may be promulgated by the Association. Pets shall be confined to the Lot of the resident by an above-ground fence; invisible electric fence attached to a dwelling unit; kennel; tether attached to a fixed, immovable object, the length of which will not allow the dog to trespass on another resident's Lot; or a leash. Areas where a Lot owner keeps any pets shall be kept clean and free of refuse, insects and waste at all time. Pets shall be on a leash and under the control of the owner when off the Lot and not allowed to run freely outside of the resident's Lot. No commercial breeding activities of any kind shall be permitted within Monument Ridge. (c) (d) (e) (0 20 (g) Pets shall not be allowed to chase or molest wildlife or any domestic animals or person, destroy or disturb propefi of another, or threaten public safety. (h) All pets shall be licensed as required by law.(i) Dogs shall not be allowed to bark continuously, which shall be defined as barking for a fifteen (15) minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. U) Residents of each Lot shall be responsible for assuring compliance with the restrictions set forth herein of any dog inhabiting their Lot with their permission. Residents not in compliance with the restrictions set forth herein shall be responsible for any and all costs associated with the enforcement of these restrictions. (k) Notwithstanding the foregoing, no pets may be kept within a Lot or the residence thereon which results in any annoyance or is obnoxious to a majority of the Lot owners within Monument Ridge. 9.9 Offensive Activities. No noxious or offensive activity shall be permitted on any Lot or the Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to other owners, including by not limited to noxious fumes, smoke, excessive or continuing loud noises, interference with radio or television reception, and excessive draining of water or other effluents onto any adjoining Lot. 9.10 Firearms. No firearms shall be discharged with Monument Ridge. 9.11 lncidental Business. An owner may conduct incidental business from its Lot or residence as long as there are no outside advertising signs, no retail traffic or other traffic which in a burden on the roads or residents. There shall be no manufacturing involving any employees. These restrictions shall not apply to the Declarant or it's designated agents. 9.12 Completion of Construction. Once excavation has begun, the exterior of the structure must be completed within twelve (12) months of the date of excavation. All construction shall be diligenfly pursed. 9.13 Beconstruction. ln the event a structure is destroyed, wholly or partially, by fire or any other casualty, said structure shalt promptly be either rebuili or repaired to conform to this Declaration or else all the remaining structure, including the foundations and all debris, shall be removed from the Lot. Said reconstruction or removal shall be commenced within ninety (90) days of loss and completed with six (6) months of loss. 9.14 Rioht to Farm. Colorado is a 'Right-to-Farm' State pursuant to C.R.S.35- 3-101, ef seg. Landowners, residents and visitors must be prepared to accept the activities, sight, sounds and smells of Gaffield county's 21 agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemica! fertilizers. Soil amendments, herbicides and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent agricultural operation. 9.15 Landowners Responsibilities. All owners of land, whether ranch or residence, have obligations under State laws and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and Iandowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture'put out by the Colorado State University Extension Otfice in Garfield County. All boundary fencing located in the right of way for County Road 300 or 309 shall be removed and replaced at the expense of each affected lot owner in the event public road improvements are required. 9.16 Mineral Riqhts. Mineral rights within Monument Ridge are owned by persons or entities who are not owners of the property. Since potential for mineral exploration exists in the area, all lot owners should be aware that it is possible that the owners of mineral rights may desire to explore and/or extract minerals from the property in Monument Ridge. lf this should occur, property owners are entitled to certain rights and protection under Colorado State law. 9.17 Fire Protection. Monument Ridge is within the Grand Valley Fire Protection District (GVFPD) and all houses built within Monument Ridge must comply with the rules, regulations, and recommendations of the GVFPD. A storage tank at least 2,500 gallons in size must be provided for residences 3,500 sq. ft. or less, with sprinkler systems optional. Residences larger than 3,500 sq.ft. must provide both adequate storage and a sprinkler system. Access for egress and defensible space shall meet the CSFS NFPA 299 standard. Sprinkler systems shall adhere to NFPA 13D and water shall be supplied from cistern. However, the applicant shall either provide the fire protection cisterns and part of the domestic water delivery system or shall provide a separate system. 22 ARTICLE X ACCESS, WATER RIGHTS, AND SEWAGE DISPOSAL AND EASEMENTS 10.1 Private Road Maintenance and Standards. (a) Any Private Road in Monument Ridge serving two or more Lots shall be maintained as gravel roads approximately twenty (20) feet wide. They shall be maintained to ensure safe ease of ingress and egress. The maintenance standards for the Private Roads are those shown below: (i) The Private Roads are to be kept free of pot holes, ridges, "washboards', and ruts.(ii) Water runoff is to be controlled by regular grading as necessary.(iii) Additional roadbase is to be brought in as necessary to meet these standards or as agreed to by the Lot owners sharing the roads.(iv) ln the winter, snow removalwil! be contracted to provide for a road surface substantially free of snow and ice. The Private Roads may be sanded on any inclines as determined by the Association.(v) Private Roads may be paved if approved by the Association. (b) When any Lot owner (hereafter "Member') determines that the Private Roads are in need nf heinn rehrrilt renaired imnrnved and/or arbitration by a mutually agreeable neutral person. lf the members cannot agree on an arbitrator, the matter shall be submitted for binding arbitration in accordance with the Colorado statute and the then existing rules and regulations of the American Arbitration Association. The arbitration shall occur in Grand Junction, Colorado. The cost of arbitration shall be borne by the Association. However, if the arbitrator determines that one or more of the Lot owners has acted unreasonably, the Lot owner (or those Lot owners) shall pay all costs of arbitration. (d) The Association (or road committee, if one has been created), will estimate the cost of yearly expenses of road maintenance, repair, and snow removal and include those estimates in a yearly assessment, lf funds collected for the maintenance of the Private Roads and snow removal for the Private Roads are at any time not sufficient for payment of yearly expenses, the parties may increase the assessment. (e) Subject to the provisions of the Declaratisn, all members shall share equally in all the costs and expenses of road maintenance and all costs and expenses of rebuilding, repair, removal of snow, and improving the Private Roads. Each Lot owner shall be responsible for and shall pay a share of the costs as described in the Declaration. However, the Road Committee and/or the Association may elect to reduce the assessments for those Lot owners not using the "Private Roads' (those members whose lots have direct access to a county maintained road). (0 Any Lot owner shal! be entitled to do emergency repairs and shall be entitled to reimbursement. An emergency is defined as a condition which may contribute to property damage or person injury. 10.2 Water Committee. (a) A water committee shall be formed by the Association to administer the operation of the ditches and to direct the maintenance of all ditches. All homeowners who own Lots which are irrigated (or which the Association intends to irrigate) shall be a member of this committee and the Director of this committee shall be a member of the committee. There may be separate committees for each water right if the Association desires. (b) Members of the Water Committee shall have the right to enter property of all lots through which the corresponding ditches pass to do maintenance or construction. Members who are responsible for said maintenance or construction must give the homeowner where work is intended to be performed at least three days notice of intent to perform the work. Whenever possible the Water Committee must try to accommodate homeowners so the Water Committee activities are carried on at times convenient to the homeowners. (c) Homeowners of lots not now irrigated agree to co'operate in the construction of new ditches which will carry irrigation water to as many lots as possible. All lot owners whose lots are proposed to be crossed by irrigation ditches must agree to the location of new irrigation ditches 24 I i prior to construction. Homeowners may not unreasonably withhold approval for a proposed ditch location if it is the only practical location which would allow irrigation water to reach his lot and other lots downstream. (d) Ten foot (10') wide easements shall automatically be created by the construction of new irrigation ditches by the Association and the locations of these ditches shall be documented by an amendment to the Declaration which modifies Exhibit 'B', ? reduced copy of the plat for Monument Ridge, to show all irrigation ditches then in use by the Association and its members. (e) ln an emergency members may enter upon homeowners property through which any ditches subject to this Declaration pass to repair a ditch or to mitigate some water or ditch related problem so as to minimize any damage. !n such an emergency no notice shall be necessary to the affected homeowners. 10.3 Domestic Water Ownership. (a) All water rights for domestic water shall be owned by the Association. (b) The Association shall be the owner and obligee of the water augmentation plan which covers the property described in Exhibit'A'. The Association shall be the owner and obligee of the contract for augmentation water with the West Divide Water Conservancy District. (c) lndividual Wells. All wells for domestic water drilled or dug by Declarant shall be owned by the Association. All well permits shall be owned by the Association and only the Association shall apply for individualwell permits although the homeowners shall pay for such permits and all costs for drilling such additionalwells. Wells may be shared with other homeowners at the sole discretion of the Association, although any such shared well costs shall be borne equally among the homeowners using shared wells. The Association shall be responsible for maintenance and operation of shared wells. lf a centra! water system is constructed for the property described in Exhibit'A', the Association shall be responsible for the operation and maintenance which shal! be shared equally among lots serviced by such water system. (d) Water Qualitv Monitorinq. Each well shall be constructed in accordance with State of Colorado Water Well Construction rules and regulations. Water quality tests shall be performed based on any applicable Colorado Department of Public Health and Environmental Protection Agency standards for the service level assigned to each well. As a minimum the Association will select one well within the subdivision that will be tested on an annual basis for; bacteria, nitrates, pesticides and herbicides. The well selected for testing may change from me to time. 10.4 ISDS Operation and Maintenance Standards. (a) All individua! sewage disposal systems shall be engineered as specified in Section 9.1. 25 I I I (b) Reqponsibilitv. The owner and the party in possession of real property upon which an individual sewage disposa! system is used, shall be jointly and severally responsible for operation and maintenance of the system unless jurisdiction for responsibility has been transfened to a public, quasi-public, or political subdivision. The person denying such responsibility shall beat the burden of proof for such denial upon establishment of ownership or possessor rights in the property served by the system. (c) Service Label. For treatment plants utilizing mechanical apparatus or under a service policy, a clearly visible, permanently attached label or plate giving instructions for obtaining service shall be place at a conspicuous location. (d) Maintenance and Cleanins. lf required by the Gaffield County Health Department, for the purpose of obtaining compliance with rules and regulations; the owner or user of a system shall provide for maintenance and cleaning of an individual sewage disposal and shal! notify the Garfield County Health Department upon completion of any maintenance work and report to said Department and submit such evidence of compliance with any maintenance and cleaning schedule in the form and as the Department requires. (i) The Association may adopt rules and regulations for the scheduling of maintenance and cleaning of systems and practices adequate to insure proper functioning of acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to any such schedules and practices, to be submitted periodically to the local department of health by the owner of the system. (ii) There may be a sewage disposal committee which records dates of pumping of indivldual systems and orders such pumping for individual Lot owners as necessary. The costs of pumping systems maintenance shall be borne by each homeowner. (e) Monitorino and Samplinq.(i) Reasonable periodic collection and testing by the local health department of effluent samples from individual sewage disposa! systems for which monitoring of effluent may be required, in order to insure compliance with the provisions of its rules and regulation, may be performed no more than two times a year, except when required by the health officer in conjunction with an enforcement action.(ii) Any owner or occupant of property on which an individual sewage disposal system is located may request the local health department to collect and test an effluent sample from the system. The local health department may perform such collection and testing services. 26 (iii) lf the Garfield County Health Departments collects and test effluent samples, a fee not to exceed that which is allowed by 25-10-101 ef. seg. (as amended GR5.1973, may be charged for each sample collected and tested. Payment of such charge may be stated in the permit as a condition of its continued use. (f) Disposal of Waste Materials. Disposal of waste materials removed from a system in the process of maintenance or cleaning shall be accomplished at a site approved by local county officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations. (See Sludge Regulations and Solid Waste Regulation.) (g) No Discharqe is Permitted Which Does Not Complv With Rules and Reoulations. No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or into state waters unless the sewage system and effluent meets the minimum requirements of applicable rules and regulation. (h) Termination of Use of Svstem. The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be removed and disposed of properly. (i) ln the event that non-compliant surface effluent or surface discharge occurs from an ISDS which has not been properly maintained or periodically cleaned, the Association shall have the right to enter the property and cause to be performed such maintenance or cleaning. The cost of such maintenance and/or cleaning along with any fines for violation of this Declaration shall become an assessment and if unpaid with 30 days a lien on the property of the homeowner in violation. 10.5 Easements. (a) Easements are described on the Plat of Monument Ridge, a reduced copy of which is shown on Exhibit 'B'. these easements have been and hereby are reserved for ingress, egress, emergency access, drainage structures and utility purposes (water, sewer, electricity, gas, cable TV, etc.). Easements may also be used for identification signs and landscaping by the Association. All parties are referred to the Plat for descriptions of all easements. Easements and rights-of-way as shown on the Plat are hereby reserved for the benefit of the Association and for the benefit of each Lot owner in Monument Ridge. This Plat is available ftom Declarant and each Lot owner may receive a copy of his Plat at closing. (b) Except for lot line utility easements, the Association shall have the 27 (c) responsibility for maintenance and construction within the easements shown on the Plat. There may be further easements filed at a later date under the provisions of the Declaration. There shall be utility easements along al! lot lines in Monument Ridge as shown on the Plat. These easements may be used by Xcel, Qwest, and any other utility provider for the purposes of distribution of electricity, telephone, TV cable, gas and other utilities. All such utilities in these utility easements shal! be underground. Declarant has certain rights regarding easements and roadways as follows: Declarant hereby reserves, for himself and its successors and assigns, in all easements and roadways within Monument Ridge an easement for ingress, egress emergency access, drainage structures, and utility purposes (water, sewer, electricity, gas, cableTV etc.). These easements shall include the right for Declarant and its successors and assigns to install, operate, maintain, repair, remove, and replace such temporary and permanent facilities as Declarant or its successors and assigns may desire, including but not limited to the installation, maintenance, repair, removal, and replacement of identification signs and landscaping. These easement rights are for the benefit of each Lot owner and Declarant and are also assignable by Declarant. Declarant may, in its sole discretion, assign rights hereunder to third parties. This right of assignment shall survive for five (5) years after Declarant no longer owns any Lots. lf Declarant assigns or grants easements, there may be no sharing of road maintenance costs or Declarant may determine a reasonable proportion of road maintenance costs to be paid by grantees. ln addition, Declarant reserves for himself and its successors and assigns the legal use of all roadways and easements shown on the attached plat and for ingress, egress, emergency access, drainage structures, identification signs, landscaping and utility purposes, (water, sewer, electricity, has, cable TV, etc.) The Declarant's rights under this reservation may also benefit any properties adjacent to the properties covered by these covenants which may now be owned by or later purchased by Declarant or in which Declarant may later have a financial interest. lf Declarant exercises this right of assignment of additional easements, they will be perpetual easements. Declarant shall have the right to create additional perpetual easements for five (5) years after he no longer owns any Lots. All easements created so must be in writing. Any additional easements under this paragraph will be along lot lines and will not exceed 25 feet in width and may be over existing easements at Declarant's option. These rights are also assignable by Declarant and Declarant's successors and assigns. Declarant may, in its sole discretion, assign rights hereunder to third parties who may or may not own property in Monument Ridge and who may own property elsewhere. These easements shall be for ingress, egress, emergency access, drainage structures, and utility purposes (d) (e) (0 (g) 28 11.1 11.2 (water, sewer, electricity, gas, cable TV, etc.) and for the installation, operation, maintenance, repair, and replacement of the roadway. (h) No Lot owner will misuse, abuse or damage roads, common easements or common areas. ARTICLE XI RIGHTS OF LENDERS Filinq Notice: Notices and Approvals. A Mortgagee shall not be entitled to receive any notice which this Declaration requires the Association to deliver to Mortgagees unless and until such Mortgagee, or its mortgage servicing contractor, has delivered to the Board a written notice stating that such Mortgagee is the holder of a Mortgage encumbering a Lot within the Property. Such notice need not state which Lot or Lots are encumbered by such Mortgage, but shall state whether such Mortgagee is a First Mortgagee. Wherever the approval of all or a specified percentage of Mortgagees is required pursuant to this Declaration, it shall be deemed to mean the vote or approval of all or a specified percentage only of those Mortgagees who have declared such notice to the board. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is conditioned on a specific written request to the Association, in addition to have the notice provided in the Section, a Mortgagee must also make such request, either in a separate writing delivered to the Association or in the notice provided above in this Section, in order to be entitled to such right. Except as provided in the Section, a Mortgagee's rights pursuant to this Declaration, including, without limitation, the priority of the lien of Mortgages over the lien as Assessments levied by the Association hereunder shall not be affected by the failure to deliver a notice to the board. Any notice or request delivered to the board by a Mortgagee shall remain effective with any further action by such Mortgagee for so long as the facts set forth, in such notice or request remain unchanged. Relationship with Assessments Liens. (a) The lien provided for in the Article hereof entitled "Non-payment of Assessments'for the payment of Assessments shall be subordinate to the lien of any Mortgage which was recorded prior to the date any such Assessment becomes due. (b) lf any Lot subject to a monetary lien created by any provisions hereof shall be subject to the lien of a Mortgage: (1) the foreclosure of any lien created by anything set forth in this Declaration shall no operate to affect or impair the lien of such Mortgage; and (2) the foreclosure of the lien of said Mortgage, or sale under a power of sale included in such Mortgage (such events being hereinafter referred to as'Events of Foreclosure') shall not operate to affect or impair the lien hereof, except that any persons who obtain an interest through any of the Events of Foreclosure, and their successors in interest, shall take title free of the 29 I lien hereof or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the lien hereof for all said charges that shall accrue subsequent to the Events of Foreclosure. (c) Any Mortgagee who obtains title to a Lot by reason of any of the Events of Foreclosure, or any purchaser at a private or judicia! foreclosure sate, shall take title to such Lot free of any lien or claim for unpaid Assessments against such Lot which accrue prior to the time such Mortgagee or purchaser takes title to such Lot, except for liens or claims for a share of such Assessments resulting from a prop rata reallocation of such Assessments to all Lots within the Property. (d) Nothing in this section shall be construed to release any owner from his obligations to pay for any Assessment levied pursuant to this Declaration. ARTICLE XII INSURANCE AND FIDELITY BONDS 12.1 lnsurance. The Association shall carry any and all insurance coverages required by the CCIOA. 12.2 Corporate Emplovees. lf any Owner or Association employee controls or disburses Association funds, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance in an aggregate amount equal to not less than two months of current assessments plus reserve calculated from the then-current budget of the Association. 12.3 lndependent contractors. Any person employed as an independent contractor by the Association for the purposes of managing the Association must obtain and maintain fidelity insurance in the same amount unless the Association names such a person as an insured employee in a contract of fidelity insurance described above. 12.4 AdCitional coveraoe. The Association may carry or require of an independent contractor employed to manage the Association fidelity insurance coverage in an amount greater than that specified in this section. 12.5 Cofnmons Expenses. Premiums for insurance required by the Association under this provisions are common Expenses of the Association. 30 ARTICLE XIII SPECIAL DEGLARANT RIGHTS ts.rnaditionandWithdralv.al9,!?!o=p9.rtv.|ooit!9.1{aarcelswithinthearea desCribed in gxNnit'A', attach&-reto and incorporated herein' may be annexed by the Declarant *itnoi,i't-nJtont"nt of the Members within eight (g) years of inJ o"t" offlri, in.tr-rr"nt "no Declarant may create from said property o"s.r-.,ulJin-exniuit'A a maximum of 25 additional lots' 13.2 Special Decl?ra[t3ights. D-eclarant reserves all.soecial Declarant rights avaitable undE CCIOA, rrrr"ntfri;ffi ;i'""tion 38-33'3-1 03(29)' c.R.S. 13.3 Assiqnment bv Declarant' Except as restricted b-v CCIOA or other appticabte taw, Declarant may ;!;ifi (iromlime itl time) some or all of Declarant'. ,ightt oi;Uiigationt .,ni"itnit Declaration to any other person or entity and, upon such assigir..t, t-n"rr u" relieved from any obligation or liabilitY assigned' l3.4SalesofficeandModgls...Despiteirnythingto.thecontrarystated elsewhere in this Declaration, in" o"6larait [ay maintain a sales and/or managem"ni om""-"nJ *oO"inorn". on the Pioperty' The office may be located .r ;;;'L;io*n"o Lv oeciarant and may'be relocated to any other Lot owned by Declarant from ti,"i" ii,e, at Declarant,s sole discretion. lf Dectarant.JJ;[ffi;J r'uor"ttJ, the Propertv' The Declarant mav maintain one or more signs on in" co|llron Area or Lots owned by Declarant for the purposes "f ;l;;tti;ing tl't".froperty and the sales of Lots' The provisioni oftnii section .n"if .onttl in the event of any conflict with any other pioritiont contained in this Declaration' ARTICLE XIV GENERAL PROVISIONS 14.1 Rules and Bequletions. The Association shall have the right to impose rulesand'"ffiontheownersconcerninguSeoftheCornmon Areas, AssoLiation Water, "nJ "nV otf,9t Associai'lon prope.rty; provided' all rutes and 6;l;ti;; trtair appf, Jqrrfry and uniformly to all Lots and Owners. 14.2 Enforcement. (a) The Aisociation or the owner (including Declarant) of any Lot may "ntorr"=Ii, piouirion "t nir O"ilaratioi in an action at law or in equity' rne riJJo'ughirrv in.iro" oamages (including, for example, .on r.q,l" ;ti;i, ; J i ntiO"niriO"mag-esl fb r any viol ation' -or i nju n ctive retief, or both. This listinj;;p"*iUle iemediei is not exclusive' lt is the intent of the Declaran"t init t'r" Association or an owner may obtain I 31 EXHIBIT A Page one of two PARCEL 1 A PARCEL OF LANO S|TUATEO tN THE M,/2Sw1/45v11/4 OF SECIION 17, TOW{SH|P 7 SOUTH. RANGE 95 $EST OF THE SIXIH PRINCIPAL MERIOIAN. COUNTY OF GARFIELD, STATE OF COLORAOq SNO PARCEL OF LAND BEING MORE PARI'ICULARLY OESCRIBEO AS FOLLOUE: COl,tMgNCtNG AT THE NORTHWEST CORNER OF SECION 20, A 3 X' BRASS CAP LS ,11643 lN PLACE; neNCe NZOTCI'OZ'E I DTSTANCE OF 1471.95 FEET, TO THE W-C-SW 1/64rH, A REBAR ANo CAP 15119598 tN PLACE IHLPQIN.Uf--BEGINNINGI THENCE Soo'+r'1s"E, ALoNG THE EAST L|NE oF sAro w/2sw1/1sw1/+ oF SEcrloN 17, A DTSTANCE oF +93,92 FEETI IHENCE LEAVING SA|O EAST UNE NE2'10'21'W A OTSTANCE OF 638,8r FEET, TO A POINT O{ IHE EAS]ERLY RIGHT-OF-IYAY COUNTY ROAD JQO; THENCE NOO?O'42'W, ALONO SAIO EASIERLY RIGHT-OF-VIrAY A DISTN{CE OF 4OJ,IO FEET TO A POINT ON IHE NoRTH LINE OF SA|D W1/25W1/45w1/4 OF SECION 17; THENCE NE9'J9'I7'E ALoNG SA|D NoRIH UNE, A DISTANCE 0F 629.57 FEET TO ]HE POINT OF BEGINNING, SAID PARCEL CONTAINING 6.494 ACRES. MORE OR LESS. PARCEL 2 A pARcEL oF LANO $ruATEo rN rHE w1l2sw1/4sw1/4 OF SEcnoN 17, ToWNSHIP 7 sourH, RANGE 95 wEsT oF THE SlxrH PRtNctPAL MERIOIAN, COUNTY OF GARFIELD, STAIE OF COLORADOI SAID PARCEL OF LAN0 BEING MORE PARI1CULARLY DESCRIBEO AS FOLLOWS: COI/MENC|NG AT THE NORIHWEST CORNER OF SECION 20, A J X' BRASS CAP LS #11645 lN PLACE; IHENCE NJ8'10'13'E A OISTANCE OF 1054.34 FEET. TO THE POINT OF BEGINNINGI IHENCE SOO'4T'15-E, ALONG I}IE EAST LINE OF SAID $/2Syt1/45W1/4 OF SECI]ON 17, A DTSTANCE OF 575.14'FEET; THENCE LEAVTNG SAID EAST LINE NE9'42'00'W, A OISTANCE oF.6J4.s7 reei, ro A potNT oN THE EASIERLv RrcHT-oF-wAy couNTy RoAD Jool THENCE N0020'42'W ALoNc sAlo EASTERLY RIGHT-OF-WAY A OISTANCE Or 465.45 FEET; THENCE SE2'10'21'E A DISTANCE 0F 6JE.8t FEET TO IHE POINT oF BEGINNING, SAJO PARCEL CONTAINING 6.1I0 ACRES. MORE OR LESS. PARCEL 3 A pARCEL OF LAND STTUATED tN THE W1,/2SW'.t/45W1/4 OF SECION 17, TOTY|ISHIP 7 SOUTH, RANGE 95 IVESY OF lllE SIXIH PRINCIPAL MERIOIAN, COUNTY OF GARFIELD, STAIE OF COLORADOi SAID PARCEL OF LAND BEING MORE PARIICULARLY DESCRIEEO AS FOLLOIVS: coMMENctNG AT rHE NoRTHWESI coRNER oF sEcTtoN 20, A I X' ERASS cAP LS #11643 lN PLACE; THENCE N5519'48"E A DTSTANCE OF 797.73 FEET, TO lHE PotNT oF EEGINNING: THENCE 500'41'15'E, ALONG THE EAST LINE OF SAIO y{/2sw1/45[1/4 OF SECITON 17, A OISTANCE OF 419.99 FEET, TO A PO|NT ON THE NORTHERLY RIGHT-OF-WAY COUNTY Roio JoSi IHENCE ALoNG IHE ARc oF A CURVE To THE RIGHT HAVING A RAOIUS OF 25,187.76 FEET ANO A CENTRAL ANGLE OF 0l'26'58' A o|STANCE OF 6J7.r9 FEET (CHORO BEARS N89'53'57"w 657.14 FEET), TO A POINT 0N ItlE EASTERLY RIGHT.oF-WAY coUNTY RoAo ]OO; THENCE NOO.2O'42"W, ALONG SAID EASTERLY RIGHT-OF-WAY A OISTANCE OF AII.E2 FEET; THENCE LEAVING SAIO EASTERLY RIGHT-OF-WAY NE9'42'OO"E, A OISTANCE OF 654.57 FEET TO IHE POINT OF BEGINNING, SAIO PARCEL CONIAINING 6.090 ACRES. MORE OR LESS. EXHIBIT A Page two of nvo PARCEL 4 A pr.RcEL oF LAND 'TTUAIED rN IHE sEr,/4sEr/4 oF-sEcnoN 10, AND rlE-ilnNil/4 oF sEcrloN 19' Tow{sHlP 7 sourH' RANGE e5 yrEST oF rxe sriix"i,n'riririli'uinrornx. co.]iiv'i# tarintro, sirn oi'cot-onrcor sAro PARC€L oF uNo iiilNi- uone PARTIcIJLARLY oEscRlBED As FoLLo$rs: COUMENCING AT lHE NORIHWEST CORNER OF SECI]ON-2o' T 5 X'8RASS!1P-L^!,.I1164':, IN PLACE; IHENCE N4525,10,W A DrsrNcE oF 1876,62 reer iij iie-iouiil^ir tZtu {'iiro ieciroN ro' rxs eq!!i ; LiCruxrxci IHENG NEs55'se-E' ALoNG rHE NoRTH uNE o' ioioiirzoserTn or-sJcnoilii'-r-oiirmiE or r,z9z'sa reET' To A PoINT oN THE NoRTHwESTERLv nroxr-or-iiicrijirri-ibeo $c rH"Eitct'6N-ir'x'uii'ic-eroxo srio xbnniuasnRlv ntonr-or-Y{AY IHE ;;,-.;ffi iliirEix rrs) couRSEs: It :txs'1L: ^i.r:l^iTr3[.''iJ'# IFI !4yllg ^ RADrus oF r,76e.76 FEET. A .ENTRAL ANGLE oF o8'07'2E' ANo A ;[iilc] di ziii.siiEEr tiioio eEens s0424'26'E 2so'74 FEEI) :i :i3[$'S|'^i.o'SlTTriir''.rbti-t'il-r lfyN. A Rrorus o' 4r7.2r FEn ^ .ENTRAL A^.GLE oF 213e'26'AND A ;[i^:il; di'ii).io]eii iiiono -aeens sozzt'sr'w r56'76 FEET) :l :lill'?;:'lJ':flt:,fiti3tr[Etl,, HAvr_NG A RADrus o' 10.47 FEET, A cENTRAL AN.LE oF rr"r2'2r' ANo A ;i.d;i; oi-t*.ii iier (c'rono BEARs so62o'06'w 71'oe FEEr) ll ::Sril'T;8.^t"o'3lTTrfl*ti3'tlJt-il"r.!l-vrlg A RADrus o. 6rr.r,+ FEEr, A .ENTRAL ^N.LE oF 8r'56'28'ANo A ;tfiil; d; d.r; iiei Goio EEARS s41?7'06'w E5'7s FEET) :it::nt;*, 1-3':flc.rK"t1t ti filrr HAM.G ^ RAorus oF s24.s4 FEEI ^ cENTRAL ANcrr oF 2r1o'48' ^ND A ii{rliIi""i inini iiei lciiiro aems s72'4e'5o w 1s2'es FEET) rr) sozrl's+'w, A DISTANCE OF 195'02 FEET i?)aLoNGIHEARCOFACURVETOIHERIGHTHAVNGARADIUSOFI',J6O'sSFEET',ACENTRALANGLEOToa'st'za'eNOA iidrlili"oi'ioioi iiei iciono aeens s66'50'16'Y' 202'28 FEEI> rJ) s7o.+6,01'w, o o,rr*Cl'#'i.1.;liErr, To; io*ion rxs'wesr uNE oF sAlD E1/2Ne1/4 oF sEcTloN'le: THEN.E LEA,ING sAto ,ESTERL' *cHT-oF-wAY Noo'riCi'i-*oxc s^o v,t-sr uNel orsrexiE oF t'615'26 FEET' To lHE EAST1,/l6coRNERSEcno*i.iiii!-,'r,il.cEN9o"o.oo'w.AolSTANcEoFt,520.ElFEETi6-iuE'pilii 'oi iEcrxNr(il siiii 6eni-ei coHiAxrxc so'osz rcRes' uoRE oR LEss' PARCEL 5 A pARcEL oF LAN, srruATEo rN THE sE1/4sEr,/4 oF sEcnoN rB, rHE El,/2NEl/4 oF sEcTloN 19, rHE wlr/2NM /4Nw1/4 ANo THE Sv{/4Nvt1/4 OF SECTI6N 20, TowlsHlP Z.sO-'Jrx,-n11.liE 95 !E-S-T OF-.rxi srxix PRINSIPAL M-ERIDIAN' CoUNW OF GARFIELO, STATE OF COLORADOi SAIO PARCEL OT I-ET.I6-i'CiN6.iJ6NiFINNCULARLY DESCRIBED AS FOLLOIiE: coMMENcING AT IHE wEsT QUARTER coRNER SAID SEcTloN 20, A FoUNo BLM sRAss cl$E' lN PLACE, IHE PoINT oF EESINNjNC; THENCE s8s.42,i:ri,'r oriieNqq g r'11'sii6ieler; io iie ersr-c-eiiiin-rTronr sAro sEcrroN.le' A FoUND BLMBRAssc^r,np,-^"el'i'ii'iiN6o'ls;irw'oroi'i6-rie*iesiuHEor-sero-iiTzrdr'z4sEcTloNre'ADrsrANcEoF e52.4e FEET, ro I pou.rf'oN rxe sourxv,sslE*.v nftlriloF-wl-i cluNiv conoi6q''-riiexcinuouc saro sourxwEsrEnuv irCii-or:wev THE FoLLowNc IHIRTEEN GoURSES: lllm:q;:4.0,il^l.Erir*r"3'Tr!E.?r3y1," A RAorus oF r.420.86 FEET, A .ENTRAL ANGLE oF o8'r1'2E'ANo A DrsrANcE or 211,40 reEriir,6no aginsiso'so'r7'E 211'20 FEET) il X;U t*:,^i.'';l^1t13[.'?3t'rf-',1-].rr$c A RADrus oF 464.s4 FEET. A .ENTRAL AN.LE oF 2r'ro'48' ANo A DrsrANcE oF t7t.a7 rEEr i6ti6io aEens xzz'+g'so"E l7o'8s FEET) :l ffiff?iJ'^l.t3JT?"$t-di'1iiEEiHry}.c A RAorus or 124.14 FEEI' A CENTRAL ANGLE oF 8r'56'28" ANo A DTsTANcE oF 181,87 rEEi iitiono -eeeas rial'zz'oE"E 166'04 FEET) a] ffi.;tsJ,^A.o3r'Tt"flr-rT_11i',*iJ*^MvrNo A RAorus oF 250.47 FEE', A cENTRAL ANGLE oF 15'42'2r'^ND A otsTANcE oF 59.92 rEer (cxono BEARS NO5'20'05'E 59'77 FEET) i],^lij,ll.rstLTtp:r.rrl*ri3_fi!',r:IHAVTNG A RAorus of 477.21 FEel, A cENTRAL ANGLE oF 21'3e'25'AND A orsTANcE oF lBo,JE reEi Gb*o ee''ai loz'zr'u'E l7e'3'l FEET) illm:,$l^i.'';J^X%13[]?ilioiilu.IlrNc A RAo'us oF r,70s.76 FEET, A .ENTRAL ANGLE oF oE'07'2E" ANo A DTsTANcE oF 242.41 reei Goio eerns No+z-cz6'w 242'24 FEET) lt) Noo.2o'42,yr, e orsririi or ss.ro FEET, To n pbrxr-on rxi iounrEnlv RIGHT-oF-IYAY couNTY Ro^o 505i THEN.E AL.NG THE ARc oF A CUR\€ ro rxg uerr xiv*ic-e neorus or zr'zi:,'id'reir, e ceilinrL-ANclE OF 0126'49' ANo A olsTANcE oF 6J7,6r FEET (cHoRo ee^ns sa;:#i6'i esiic FEET), To A PoINT oN rHE EAST UNE w1/zNyt1/4Nw1/o or si,o'siciroN zo, rxeNce soosi;ife, I OrsrmrCE br r'ido'r+ FEET To IHE w-c-Nw 1'116 oF SAID SECTTON 201 THENCE NE9'+O'51"E, A OISTN.IC-E Or o!!SS rEEr, fO rne xOnrxu'tSr 16TH SEcnON 20' A 5-1/1' ALUMINUM cAp Ls t1ssg8 tN pLAcEi IHENCE SOI'o4'ts'E, ^-0,!iiNciOi r,SZr'se rEEr' rO rxE IVEST-CENIER 1/16 rtl oF SEcnoN 20, ^ 3-t/4. ^r-uu,*u;'c^p-r-s lrsssa rN puece iniNle iag'3+'+s'w,. e orEreNce oF lJ4O'75 FEET TO IHE POINT oF aibrmiNc,'sm Frncef CoxrlrNrnc 95'559 AcRES' MoRE oR LESS' EXHIBIT B AP, ffiffir I $ lrlr..otlrd.f.lI rt I rr,la lrffidrlI U I Ei llrqfi..rlI r. l{t!, Irclild.rlI 15 Matlrre!r/tlI I llcolr.n.'r'rl t_rl--IEa,9!-l:r0t:rlI r. lrr..rolf pdh'.1 I tl ll6dlxs.'x'.1I aro lgs!lx.s'rr.l L-!!--!!1Dt-lIE!r:J 1_[r___l__rs!__l_r_L-ILJ-E!IIffiEI u. I N.{ lrEd.r'rl I lra I an.U Ix Ed./ r II lra lG.llrd./.1I rl, I dro lr 6'.f rlI atr lrr,nlrBrldrlL31--IE!C-lurtlZJI at l rl.{ lrrisr/rlI E. IJr.rlrE.Utl MONTJVIEN'I' RIDGE EXEMP'TION PLAT ARCEL OF I.AND SI,IUATED IN l.HII; W,6SW,/4S}YY4 OF SECI,ION 17, SEI4SEYI OF SEC,I'ION 18. E%NE/I OI..SUC.IION 19, }Y%NI{I/4NW% AND l'HI.: SW1/4NWI/4 OF' SECTION 20, TO}TNSHIP ? SOUTI{, RANGE 95 WEST OF TTIB 6TH P.M. COUNI'Y OF GARFIELD, STATE OI.' COLORADO SHEET 2 OF 3 -<Gr.{^gpr--+ CRTPHrc SCAI' '-#. IrEl \ I . _l_ I I , I I , I /-'JGt I Hi I $l -,& \ -\ -T IiJ ll'i \\ 't \ -FJrtgtL .l' r :l . =r'-* Il /.{.4q \rl , ,*r" \' ) i-"' I I \r*ono tMTTB r*td^ II---'* | ,/ ,-.1 ^ *"- -i' F^Fa50t!, &r Ir **a"J nBh */,-td mfrcr ,PrE I.t:lI r ^-I il4 r I K*__ I I Ir 1lr-rtl l )t/.i i1i I tet =-rgril. Hjfltall v c)tf\ smorHens SUPPLYING QUALITY FOR PRIVATE I FLEETSTOBUILD ROADS, UTILITIES, AND MINING.EOUIP]UIE}IT GO a (a/J n) /-(./ .fa /Ja.tL r? , c 7,/? rz r U ,t< /Jf uF t F*,t - ',f< f uf ,n*'r J f l-d tuklL t) ff; capA;rra,t af r FaR f ,'-. € f&f/= o,{ fr;ro_ Ult{.4-/4tf,.Z -. fN{. a ,--e,, C,f Oyrc ofrE tr t : f t)rr'l riz<./e L)rtF 6ao,.apT narlpn -tq. H4, n{r JZ*tE ca/c-F/lt}/, 5 /u?//; tl ri r/ 2,r,6. o / r*C ,Bv q s iYfZ,a/ t2nl A rJD Dab Df fF- h/ra I't 7 2 f a /-tB L ZY 'tJ Ins7 u//: wavttO z q /z taa n^ .{? r/ kl 0e/e f0 rrlx .,t*fD,tF 3-/+rOu DENVER 52M COLORADO BLVD. CoMMERCE Cry, CO 80022 PHONE: 303-298-7370 FAX: 303-298-8527 co l-80G3444638 GREAT FALLS I6IO RIVER DR. NORIH GREAT FALLS, MI 5940I PHONE: 40&452-2757 FAX: 46-452-27* MT l-800-823-5647 BILLINOS I8I2 MONAD ROAD BrtuNGs. MT 59',102 PHONE: 40&652-3975 FAJ: 406652-3744 MT r-ooe6o2-4t64 @ FECYCEO PffiB Y Kmi, SUPPLYING QUALITY TRI EQUIPMENT FOR PRIVATE INDUSTRY. JVERNMENT FLEETS TO BUILD AND MAINTAIN STREETS, ROADS, UTILITIES, SEWER, SOLID WASTE E0UIPilENT G0. ;ffi "n,rii{ir.i; BUS Rolit: r-,,r./r)J/,,fl *triljZ r<) (/lt, /rr- [ u nt7.t ?Flvic0 29 2v 7F/ f fLo z n /rtE /rz DENVER 52M COLORADO BLVD. COMMERCE CITY, CO 80022 PHONE: 303-298-7370 FAX: 303-298-8527 co l-80G344{638 GREAI FATLS I6IO RIVER DR. NORTH GREAI FALIS, MI 5940I PHONE: 40&452-2757 FFJ.: 4OG452-2799 MT r-80G823-5647 BILLINOS I8I2 MONAD ROAD BILLINGS. MT 59I02 PHONE: 406652-3975 FNI: 406652-3744 Mr l-8oo-6s2-4r64 (B reCYCEOPER ,t,rcuit V aaJgn-<