HomeMy WebLinkAbout1.0 ApplicationSUBDIVISION NAME:
OWNER:
Sketch flan
Preliminary Plan xXX
Final Plat
SUBDIVISION APPLICATION FORM
Los Adobes
Los Adobes Joint Venture
ENGINEER/PLANNER/SURVEYOR:
LOCATION: Section
WATER SOURCE:
27
High Country Engineering, Inc.
Township
Domestic Wells
7 S
Range
88 W
SEWAGE DISPOSAL METHOD:
PUBLIC ACCESS VIA:
Septic Tank & Leach Field
State Highway 82 and Private Access Easement
EXISTING ZONING: Agricultural Residential/Rural Density
EASEMENTS: Utility
Power: Holy Cross Electric
Ditch None
TOTAL DEVELOPMENT AREA:
(1) Residential
Number Acres
Single Famiy 8 18.913
Duplex
Multi -family
Mobile Home
(2) Commercial
Floor Area Acres
(3) Industrial sq.ft.
sq. ft.
(4) Public/Quasi-Public
(5) Open Space/Common Area
TOTAL:
PARKING SPACES:
Residential
Commercial
Industrial
N/A
4.289
23.202
September 3, 1991
land design
partnership
Andrew McGregor
Planner
Garfield County Dept. of Regulatory Offices and Personnel
109 8th Street
Glenwood Springs, CO 81601
Re: Los Adobes Preliminary Plan
Dear Andrew:
Attached are three copies of the Los Adobes Preliminary Plan. The balance of
the required twenty-two sets will be delivered on Wednesday the 4th as will
the application fee.
The road proposed by these plans is presently under construction to serve the
existing four lots and should be nearly complete by the time of a Planning and
Zoning Commission site visit. Domestic water service will be provided by
individual wells augmented by Basalt Water Conservancy District water rights.
Conditional contracts with the District will be submitted for your review as
soon as they are available. Four well permits for one household each have
been issued for the existing four lot subdivision. These wells will be
augmented by the District rights to allow more than one household to be served
by the wells.
Wastewater disposal will be by individual disposal systems. There is one
system in place on the site serving the Peter Green residence.
Please call if you have questions or require additional information.
Sincerely,
Ronald B. Liston
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
ORDER NO.: 89017101
SCHEDULE A
POLICY NO.: M-9942-426144
DATE OF POLICY: December. 18, 1989 at 2:42 R.M.
AMOUNT OF INSURANCE: $ 16,000.00
1.. NAME OF INSURED:
CENTRAL BANK ASPEN, N.A.
z. THE ESTATE OR 1:NTEREST IN THE LAND WHICH IS E CUMBERED BY THE
INSURED MORTGAGE TS:
•
it
Fee.Simple
TITLE TO:THE ESTATE OR INTEREST IN E LAND IS VESTED TN:
JOHN PETER GREENT . AND ;MARY ANN GREEN
THE INSURED MOi T'GAGE, ANI) r SIGNMT;NTS TH 'i EOF, IF ANY, ARE
DESCRIBED AS FOLLOWS:.'
Deed of `_trust, 'from John Pet,r een '! and clary Ann Greene to the:
Rublic.Tr.u8tee of Garfield C urs y for the use of Centra] T3ank
Aspen, N.A: to aure.: $1.60, 040 0 dated 'December' 14,, 1989, .
recorded Deoemb r 18, 1989 in Book 768 at page 208. as Reception
No. 408380. •
. THE LAN!) k2t::k'ERRED TTIIIS POLICY IS IN THE STATE OF
COLORADO; COUNTY. OF AFIELD, AND IS DESCRIBED AS FOLLOWS:
See Legal De8cription Attached Hereto &,Made a Part hereof. '
AUT ()RIZ ll i`%-7 j
COUNTI✓R yIGNATORE
L 'h
'fp\VAIN TITLE
OUANANTY COMPANY
PLEASE MAIL TO HOUSTON -- POLfCY ACCOUNTIN(
ORDER NO t 89017181
PARCEL A:
SCHEDULE A
PROPERTY DESCRIPTION
.TRACT 1
ANI) an undivided One-fourth interest in TRACT 5
SUNNYS.IDE SUBDIVISION EXEMPTION
ACCORDING to the Exe.tnplAon Plat, recorded as ' Reception No.
300930.'
PARCEL II:
TRACT 2
AND an undivided one —fourth interest
SUNNYBIDE SUBDIVISION EXEMPTION
ACCORDING to the Exemption Platt, recor
300930.
TRACT 5
PARCEL Ct.
TRACT 3
AND an undivided one --fourth int
SUNNY SIDE SUBDIVIEXEMPTION
ACCORDING to the E emj,>+pion Plat,
300930,
PARCEL D:
aFs Reception No,
t in TRACT 5
zf:�;Uzded aes Reception No.
TRACT 4
:AND an undivided one-fourth interest In TRACT 5
SUNNYSIDE SUBDIVISION EXEMPTION
ACCORDZ.NG.to the Exemption Plat, recorded as Reception No.
' 300930.
;LL PARCELS IN
COUNTY., OF GAR FIELD
STATE OF COLORADO
TEEWVAIRT TITLIE
( 17ARANTY CCnsfrANY
r.r 1e nll _ Pni IrY ACCrtJNT
THIS POLICY DOES' NOT
COMPANY WILL NOT PAY
ARISE BY REASON OF:
1 RIGHTS OR CLAIMS
:.,pUI3LIC RECOIU)S.
2, EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOW I? Tnn PUBLIC
RECORDS.
3..
DISCREPANCIES, CONFLICTS IN BOUNDARY LINE, SH TAGS IN AREA,
ENCROACHMENTS! AIEtiPk'Zt* ISLE` SANY �>WOULD, DISCCORRECT
`�E Nr7SURVEY
WHICi 7E NOT SHOWN
1.NSP[at-7. 1.C)N :�). A-51
BY THE PUBLIC RECORDS.
4.y ANY 4.IEN, OR RIGHT TO A LIEN,
MATERIAL THERETOFORE OR HEREAFTER
NOT SHOWN BY THE PUBLIC RECO I;,DS.
5 UNPATENTED MINING CLAIMS
PATENTS OB AN ACT AUTHORIZING
CLAIMS UR TITLE TO WATER.
6. TaXe:3 for the Y ai° 1909, a i. en not yet due and payable.
7. The effect of inc'u ion>;r yin any general or specific. water
conservancy, fire ),rot c' ion,. soil conservation or other .
district or: i.n<:l.uaa.on 134 any water service or street improvement
area.
8. Right of the proprietor of a vein or lode to extract
a
ate.
remove hist ore therefrom, shoui i the same he found
or intersect the prenziscs hereby granted, sok �'reserveat de,n nfUnatd
States Patent recorded May .27 r 1895
,Recej:,tiOn No. 10425.
he
9. Right' of_ way for ditche or canals
econstr.ucteddt;by States,authority of the United States, as
Patent recorded may 27, 1895,' in Bok 12 at Page 366 as
Rpt:i.on No:: 10425.
1.tiOn ditches ��u may be Right tor�t7Yt:r: Construct such i,ntevc e >} .,_ . H a....
82', as
.grantedtothe �Board of County Commi.sp.oners of Garfield
,CO.unty, by
Deed recorded'April 14, 1928 in Book 133 41; Page 626
r8. Reeeptiwn No. 101223..
easement retained by Louis Mead: Harker, Ve1da F.
Warren C. VanPoal, and }=•lOrence H. VanPool', in need
Continued on next page (r.lTL)Y r }
SiT.EwAr E rl
GUARANTY COMPANY
n, rncr font! TO HOUSTON - POLICY 4CCOUI
C.11 .E D U L E
PART �.
POLICY NO.; M-9942•-426144
INSURE AGAINST r.OSS OR DAMAGE (AND THE
COSTS,
ATTORNEYS' TEES QR EXPENSES) WHICH
OF PARTIES IN POSSESSION NOT SHOWN.BY THE
FOR. S•
FURNISI 1), IMPOSED BY LAW AND
ICES, , L7030 , OR
;SERVATIONS OR EXCEPTIONS IN
D, ISSOANCE THEREOF; WATER RIGHTS
;''fiarker,
EXCEPTIONS NUMBERED 0 ARE HEREBY OMITTED.
y.
ir
X2
LOS ADOBES SUDIVL9ION
glow .
•
SCS SOILS MAP
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.r
AILS DESCRIPTIO
4/86
X Zcj fl 33--Earsman-Rock outcrop complex, 12 to 65 percent slopes. This map
unit is on mountainsides and ridges. Elevation is 6,000 to 8,500 feet. The
average annual precipitation is to 16 inches, the average annual air
temperature is 42 to 44 degrees F, and the average frost -free period i.s..?
to 105 days.
This unit is 45 percent Earsman very stony sandy loam and 35 percent
Rock outcrop. Earsman soils occur on less steep slopes and the Rock outcrop
portion is in steeper convex areas throughout the complex. The components
of this unit are so intricately intermingled that it was not practical to
map them separately at the scale used.
Included in this unit are small areas of Arle soils, Ansari soils, and
similar soils which are deeper to bedrock. Included areas make up about 20
percent of the total acreage.
The Earsman soil is shallow and somewhat excessively drained. It formed
in residuum and colluvium derived dominantly from redbed calcareous
sandstone. Typically, the surface is covered with 5 to 10 percent
flagstones and 5 to 15 percent channery fragments. A thin layer of
partially decomposed needles, twigs, and leaves is on the surface in many
places. The surface layer is reddish brown very stony sandy loam 5 inches
thick. The upper 9 inches of the underlying material is very channery sandy
loam. The lower part to a depth of 19 inches is very channery sandy loam.
Depth to hard calcareous sandstone ranges from 10 to 20 inches.
Permeability of the Earsman soil is moderately rapid. Available water
capacity is very low. Effective rooting depth is 10 to 20 inches. Runoff
is rapid, and the hazard of water erosion is very high.
•
.�.� - -
This unit is used mainly for rangeland and wildlife habitat. It is also
used for firewood and post harvesting. This unit has severe limitations for
all urban development. Limitations are shallow depths to bedrock, exposed
bedrock, steep slopes, rapid runoff, and very high water erosion hazard.
The potential plant community on this unit i3 mainly pinyon pine and Utah
juniper, bluebunch wheatgrass, bottlebrush squirreltail, Indian ricegrass,
and western wheatgrass. The potential production of the native understory
vegetation in normal years is about 500 pounds of air—dry vegetation per
acre.
Slope limits access by livestock and results in overgrazing of the less
sloping areas. If the plant cover is disturbed, protection from flooding is
needed to control gullying, streambank cutting, and sheet erosion.
This unit is suited to limited production of firewood. The average
annual production is 5 cords per acre. The average stocking rate is 100
trees per acre. Special care is needed to minimize erosion when thinning and
when applying other forest management practices.
This map unit is poorly suited to homesite development. The main limitations
are depth to rock and slope in the steeper areas.
This map unit is in capability subclass Vile, nonirrigated. It is in the
Pinyon—Juniper woodland site.
/S/
• •
6/85
q5"6" 98--Southace cobbly sandy loam, 12 to 25 percent slopes. This map
�,�cs �,.A,;,s
unit is is on upland ba-n-che-e;-4041A slopes, the sides of mountains and valleys,
and alluvial fans.
�f Elevation is 6,000 to 7,000 feet. The average annual
precipitation is Y3 to 16 inches, the average annual air temperature is 42
to 46 degrees F, and the average frost—free period is 95 to 105 days. The_
v
Included in this unit are small areas of Tridell soils on benchtops and
the upper part of slopes. Included areas make up about 10 percent of the
total acreage.
The Southace soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly from redbed sandstone and shale intermixed with
gypsiferous material. Typically, the surface layer is light reddish brown
cobbly sandy loam 3 inches thick. The upper 11 inches of the underlying
material is gravelly loam. The next 12 inches is very gravelly loam. The
next 3j inches to a depth of 60 inches or more is very cobbly fine sandy
loam.
is ca ca
•
• 1
t-hr—pr E -1-e. The amount of stones
and cobbles increases with depth. Some flagstones are in the profile in
places.
Permeability of the Southace soil is moderate. Available water
capacity is low. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is high.
This unit is used for rangeland and wildlife habitat.
• •
9g --
The potential plant community on this unit is mainly western
wheatgrass, Indian ricegrass, muttongrass, Wyoming big sagebrush, and Utah
serviceberry. Needleandthread, Douglas rabbitbrush, squawapple, and
scattered Utah juniper commonly are also present in the potential plant
community. The average annual production of air—dry vegetation is about 900
pounds per acre. If the range condition deteriorates, Wyoming big
sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase.
Management practices suitable for use on this unit are proper grazing
use and a planned grazing system. The suitability of this unit for
rangeland seeding is low. The main limitations for seeding are steepness of
slope and stones on the surface.
If the Southace soil is used for homesite development, the main
limitations are steepness of slope, the hazard of erosion, stone in the
soil, and the susceptibility to piping and frost heaving. Areas in this
unit adjacent to hillsides are occasionally effected by runoff, which may
also be accompanied by movement of rock debris. Preserving the existing
plant cover during construction helps to control erosion. Erosion is a
hazard in the steeper areas. Only the part of the site that is used for
construction should be disturbed. Removal of gravel and cobbles in
disturbed areas is needed for best results when landscaping, particularly in
areas used for lawns.
This map unit is in capability subclass VIe, nonirrigated. It is in
Loamy Slopes range site.
2 77
•
6/85
104--Torriorthents—Camborthids—Rock outcrop complex, 6 to 65 percent
slopes. This map unit is on steeply mainly south facing mountainside
slopes, hills, ridges, and foot slopes. This unit occurs on canyon side
slopes throughout the soil survey area and is most prevalent where major
drainages cut deep canyons.
This unit is 45 percent Torriorthents, 20 percent Camborthids, and 15
percent Rock outcrop. The components of this unit are so intricately
intermingled that it was not practical to map them separately at the scale
% used. Included in this unit are small areas of Monad, Iyers, Earsman,
Brownsto, Cushool, Dollard, Ansari, and Almy soils. Included areas make up
about 20 percent of the total acreage.7
The Torriorthents soil is shallow to moderately deep. It formed in
well drained residuum and colluvium derived dominantly from sedimentary
rock. The surface is normally stone covered and ranges from reddish brown
to brown in color. The soils are fine sandy loam to clay loam with variable
amounts of gravel, cobbles, and stones. Depth to shale or sandstone is
.moo- -1-y- 4 to 18 inches.
Permeability of the Torriorthents soil is moderate.
Available water
capacity is low. Effective rooting depth is 4 to 30 inches. Runoff is very
rapid, and the hazard of water erosion is very high.
The Camborthids soil is shallow to deep and well drained. It formed in
residuum and colluvium derived dominantly from sandstone shale and basalt.
The soils have light colored surfaces, a slight increase in clay in the
subsoil, and generally are clay loam or loamy the are normally stone free
throughout the profile. Scattered basalt stones, cobbles, and sandstone
rock fragments cover the surface.
Z9O
1 •
Permeability of the Camborthids soil is moderate. Available water
capacity is low to moderate. Effective rooting depth is 15 to 60 inches.
Runoff is rapid, and the hazard of water erosion is high.
The Rock outcrop consists mainly of barren sandstone, shale, and
basally.
This unit is used for wildlife habitat.
The native vegetation on this unit is a rather sparce stand of grasses,
forbs, pinyon, and Utah Juniper.
This unit is poorly suited to homesite development. The main
limitations are steep slopes, depth to rock, and large stones.
This map unit is in capability subclass VIIe, nonirrigated. Zen
,N D Akifiy)
9/
•
DRAINAGE PLAN
FOR
LOS ADOBES SUBDIVISION
PRELIMINARY PLAT SUBMITTAL
HCE JOB NO. 90042.002
SEPTEMBER 3, 1991
(
TIMOTHY P. BECK, P.E.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555
• •
TABLE OF CONTENTS
Introduction
Hydrology
Drainage Plan
Summary
Appendix: Calculations
Drawings: Basin Map (11" x 17")
• •
INTRODUCTION
The proposed Los Adobes Subdivision project is located on the east
side of Highway 82 approximately one-half mile south of the
Carbondale intersection. See the enclosed Basin Map for site
location.
The storm runoff flows for individual lots on this site will, in
general, be quite diffuse. However, flows will obviously be
concentrated in the two "major" drainage ways.
HYDROLOGY
The hydrologic methods for this study are outline in the Soil
Conservation Service publication "Procedures for Determining Peak
Flows in Colorado" (1980). Peak flows in this area will be
primarily rainfall derived since the whole site is well below 8000
feet in elevation. Therefore, the storm drainage system will be
more than adequate to handle spring snowmelt runoff.
DRAINAGE PLAN
Calculated flows are shown in the calculations. Calculations were
completed for the 25 -year and 100 -year return frequency events as
required by County regulations.
Natural drainage paths have been left intact. This ensures that,
in general, overland flow will follow predictable historic paths.
This also decreases the amount of grading necessary for roadways
and actual building areas and thus reduces the possibility of
erosion.
No culverts are shown on the proposed road as it does not cross
either of the large drainages.
No detention is proposed for this development because of the large
lot sizes and the diffuse flows. The increase in flow due to
development on any particular lot should be insignificant. The
impervious area added would most likely be less than one percent of
the total lot area. In addition, the diffuse flows would make
construction of detention areas difficult and their construction
would disturb more area and cause more erosion.
In general, erosion control will consist of disturbing as little
existing vegetation as possible and therefore, reclamation of as
little area as possible. It is anticipated that areas that must be
disturbed will be seeded with an arid area grass as recommended by
the Soil Conservation Service.
SUMMARY
The preliminary plan for the Los Adobes Subdivision includes only
minimal drainage improvements, but this should be adequate in view
of the small and generally diffuse flows.
• •
SUMMARY
The preliminary plan for the Los Adobes Subdivision includes only
minimal drainage improvements, but this should be adequate in view
of the small and generally diffuse flows.
• 4
APPENDIX: CALCULATIONS
.C.4.
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923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 - 303-920-3659 • FAX: 303-945-2555
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GARFIELD COUNTY •
• REGULATORY OFFICES AND PERSONNEL
September 17, 1991
Ron Liston
Land Design Partnership
P.O. Box 517
Glenwood Springs, CO 81602
RE: Los Adobes Preliminary Plan
Dear Ron:
I have had the opportunity to review the Los Adobes Preliminary Plan and have noted the
following deficiencies. It will be necessary to submit these items to complete the application
in order to commence the review process.
Section 4:50 (B) Requires that the plat be certified (stamped) by a P.L.S.
Section 4:20
(K)(2) Requires topographic information be included with a minimum
of five foot (5') contour intervals.
(0) Any existing easements on the property? Isn't there a ditch parallel
to 1-Iwy 82 on the property .
(A) Geology - No geology report submitted as required.
(C) Vegetation - No reference to vegetation.
(D) Wildlife - No reference to wildlife.
Section 4:80 Drainage Plan (D) Needs to address the drainage from the subject
property through culvert under Hwy 82.
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
i
Ron Liston
Page 2
September 17, 1991
Section 4:91 A(1)(4) No evidence of ownership of water rights or indication of any
commitment for water rights.
Section 4:92 (0)(1-3) Require percolation tests to be performed by an engineer,
located on plat and to be adequate in number.
Upon receipt of these items we can begin the formal review process. Call me if you have
questions.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
•
The builder involved in the construction of the homes should be
cognizant of mitigative techniques for preventing the
accumulation of radon gas. This has become standard practice in
the State and does not add significantly to the cost of
construction. If there are further questions please do not
hesitate to contact me.
Sincerely,
Nicholas Lampiris
Consulting Geologist
• SCHENK, KERST & deWINT
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
JOHN R. SCHENK
DAN KERST
WILLIAM J. d&WINTER, III
Los Adobes Joint Venture
14156 State Highway 82
Carbondale, CO 81623
TELEPHONE: (303) 945-2447
TELECOPIER: (303) 945-2977
September 24, 1991
Re: Basalt Water Conser' �ncy District Allotment Contract
Ladies and Gentlemen:
At its meeting on Septemb' r 9, 1991 the Board of Directors of the Basalt Water
Conservancy District considered your applications for Water Allotment Contracts for your
proposed 8 Lot subdivision. The Bo^rd has approved an Allotment Contract for each of the four
proposed wells. I enclose herewith three copies of Allotment Contract for each well, with the
District's Order Granting Application attached thereto. I would bring your particular attention
to condition numbered 1 as contain -d in the orders granting the applications for the wells to
serve Lots 1 and 2, Lots 3, 4, and 5, and Lots 6 and 7. The District's policy is to require a
Homeowners Association or other acceptable entity to hold any contract, which serves more than
one property. Since each references' contracts is proposed to serve more than one lot, a single
contracting entity is required. Perhaps you should call me to discuss your options in this regard.
The contract for Lot 8 does not contain this condition.
If the contracts are acceptable as presented. You should sign all of the enclosed contracts
where indicated and return one fully signed copy of each contract to me. You will then be billed
for that portion of the contract fee applicable to the current contract year from September 9,
1991 to March 31, 1992.
Let me know if you have any questions in this regard.
DK/dw
Enclosures
cc: Ron Liston
Resource Engineering
Yours
KERST
II
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LOS ADOBES SUBDIVISION
PRELIMINARY PLAN SUBMITTAL
HCE JOB NUMBER 90042.003
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•
Nicholas Lampiris, Ph.[). 44/
CONSULTING GEOLOGIST
0185 INGERSOLL LANE
SILT, COLORADO 81652
(303) 963-3600 (24 HOURS)
September 25, 1991
Ron Liston
Land Design Partnership
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
Dear Mr. Liston:
1 have completed my geologic investigation of the 23.2 acre
parcel above Highway 82 in the Los Adobes Subdivision which is
proposed to be divided into 0 lots, including a 4.3 acre open
space area. The nearly rectangularly shaped parcel lies near the
center of Section 27, T 7 8, R 88 W, of the 6th PM, Garfield
County, Colorado.
The topography of the property consists of a moderate south
slope. There are gently sloping to flat areas, dissected by
gullies as shown, where the building envelopes will be. The
property is covered with pinions and native grasses, and red
sandstone boulders abound. A gully exists along the pre-existing
road through the development, but contained no running water at
the time of my visit. A new subdivision road along better
alignment is nearly complete, as shown. The areas outside of the
marked envelopes are either steep or gullied and should be
avoided for the construction of homes for the most part.
The geology of the property consists of unconsolidated silts,
sands, cobbles and boulders (mostly red siltstones and
sandstones) of colluvial origin. The red unit at or near the
surface throughout the area is the Pennsylvanian -Permian age
Maroon Formation which dips generally to the northwest at about
30 degrees. There is no live water on the property and, because
of the elevation and southern exposure, there is seldom any large
accumulation of snow.
The proposed building envelopes have been chosen on the basis of
topography but some recommendations are still in order. Of
course, the gullies should be avoided in the final site selection
and positive landscaping around all the homes should be insured.
The homes should be set back at least twenty feet from the edges
of any steep slopes and the Soils engineer should specifically
address the proper set back distance during his site specific
study. Natural vegetation should be strongly encouraged so that
extensive watering of landscaping does not become a problem.
Also, a drainage plan is important to further reduce any undue
accumulation of water in the subsurface which could initiate
instability in soils but the soils engineer should be consulted
for his specific recommendations for foundation design for the
proposed residences prior to construction.
Avit
• to
Lot by lot, my specific recommendations are as follows:
Lot 1- The home must be sited on the ridge between the two
gullies where flash -flooding is a potential. The site, as shown,
is acceptable.
Lot 2- There is presently a diversion ditch trending toward
the homesite which definitely needs to be re -directed so as to
carry water away from any structure. Slight rockfall potential
from the new road down can be mitigated by removing loose
boulders prior to construction. Also, the lower three feet of
the home should be strong enough to absorb forces of 200 pounds
per square foot.
Lot 3- This site is on a southwest facing gentle slope
above a gully to the east. The home needs to be site far enough
above the gully to not be affected by floods or mudflows in the
gully.
Lot 4- This is the existing home site. It is well located
on a flat, safe knoll.
Lot 5- This site needs to evaluate rockfall mitigation as
for Lot 2.
Lot 6- This site is very similar to the one where the
existing home is and, therefore, needs no special comment due to
absence of hazards.
Lot 7- This is part of the same knoll as for sites 4 and 6
but drainage control is more important for this site.
Lot 8- This site is located safely between two potentially
troublesome gullies but the only special concern is in the
driveway design crossing the eastern gully. Culvert sizing is
important but occasional replacing of the culvert after mud or
debris flows may be necessary.
Open Space- There is a building site in the northwest
corner of this parcel on the ridge between the two gullies should
it be necessary. Should this site be considered it is important
to avoid both gullies and anticipate infrequent problems with the
gully crossing along the driveway to the site.
It is my understanding that water will be available from the
Subdivision but that waste disposal must be on site. I believe
this may be a problem because of the gullies, near surface
bedrock, and hillsides, and that a civil engineer will need to be
retained to design systems to fit the conditions. Along the new
subdivision road good borrow ditches and culverting are important
and must be maintained over time.
.._......W��� y � ,H No/MP/Side: 82/12.38/L �.....
COLORADO DEPARTM OF TRANSPORTATION Local Jurisdiction: Garfield County
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30212
DOT Permit No.: 391091
Permit Fee: $75.00
Date of Transmittal: 9-18-91
THE PERMITTEE;
Los Adobes Joint Venture
14156 Hwy 82
Carbondale, CO 81623
Ci
is hereby granted permission to construct and use an access
The access shall be constructed, maintained and used in accordance
including the State Highway,Access Code and listed attachments.
authority if at any time the permitted access and its use violate
of advance warning and construction signs, flashers, barricades
construction within State right-of-way in conformance with
DEVICES, Part VI. The issuing authority, the Department and
harmless against any action for personal injury or property damage
D (I ,i (,---iC 7 i,^t • l Li �,.}"
ray 'i 1
I' : ,l
0SEP 26 1991 �; .;
(aAir Hc.LU UUUIN FY
to the state highway at the location noted below.
with the terms and conditions of this permit,
Tilts permit may be revoked by the issuing
any of the terms and conditions of this permit. The use
and flaggers are required at all times during access
the MANUAL ON UNIFORM TRAFFIC CONTROL
their duly appointed agents and employees shall be held
sustained by reason of the exercise of the permit.
LOCATION:
On the north side of State Highway 82, a distance of 2000 feet east
from Mile Post 12.
ACCESS TO PROVIDE SERVICE TO:
Nine single family residences.
OTHER TERMS AND CONDITIONS:
See Attached Sheet.
1
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Not Required Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify Skip McDonald
with the Colorado Departrr en/of Transportption in at 945-7441
,
at least 48 hours prior to corrtimencing cor tructio within the State Highway right-of-way.
The person signing as the pe //mittee must 1f e ow • er or legal representative of the property served by the p mitted
access and have full Adthor ty to accept We 6 -rmi . nd all it's terms and conditions.
Permittee (X)/ /—� Date
This permit is not valid until signed by a dul authorized representative
DEPARTM T OFT ANS' a'TATION, ATE OF COLORADO
AllW
of the Department.
Title Administrator,
By (X) Date 9-25-91
(Date of issue) Access Committee
COPY DISTRIBUTION:
Required; Make copies as necessary for;
1. District (Original) Local Authority Inspector
2. Applicant MTCE Patrol Traffic Engineer
Previous Editions are Obsolete and will not be used
CDOT Form #101
7/91
The following paragraph are pertinen lights of the State Highway Access Code. se are prodded for your convenience
but do not alleviate compliance with tions of the Access Code. A copy of the ighway Access Code Is avallabt%
from your local Issuing authority (local government) or the Colorado Department of r nsportation (Department). When this.
permit was Issued, the issuing authority made its decision based in part on information submitted by the applicant, on the
access category which is assigned to the highway, what alternative access to other public roads and streets is available, and
safety and design standards. Changes In use or design not approved by the permit or the Issuing authority may cause the
revocation or suspension of the permit.
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit
accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site. If necessary; minor changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall
not interfere with the drainage system in the right-of-way.
8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This
is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
I11 Changes in use and violations
1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority. The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system, including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees.
4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall
be determined by reference to the standards set forth in the Access Code.
4
PERMIT NO. 391091
1 Driveway shall be constructed 24 feet wide with 50 foot
radii. Surfacing for driveway approach is required as
follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6
gravel in 1, 6" lifts.
2 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or
equivalent. The asphalt cement in the HBP shall be AC 10.
3 Fill/cut slopes shall be at a 6:1 slope on the roadway and
at 6:1 on the access approach.
4 All other approaches shall be removed and the side ditch
regraded and the right of way fence shall be repaired. This
permit voids permit No. 390088.
5 A new 18" CMP culvert shall be used. All culverts (side
drains) installed in open ditches shall have flared end
sections.
6 No drainage from this site shall enter onto the surface of
the highway. All existing drainage structures shall be
extended to accommodate all new construction and safety
standards.
7 Contractor shall follow the applicable construction
specifications set for by the Department of Transportationin
the latest manual Standard Specifications for Road and
Bridge Construction. The property owner is responsible for
any utilities disrupted by the construction of this driveway
and all expenses incurred for repair. Any damage to any
existing Highway facilities shall be repaired prior to
continuing other work.
8 Compaction of sub -grade, embankments and backfill shall
comply with Section 203.11 of the Division of
TransportationStandard Specifications.
9 Compaction of Hot Bituminous Pavement (HBP) shall comply
with Section 401.17 of the Division of
TransportationStandard Specifications.
10 If frost is present in the sub -grade, no surfacing material
shall be placed until all frost is gone or removed.
11 Saw or score asphalt to assure a straight edge for patching.
12 The first 20 feet beyond the closest highway lane, including
speed change lanes, shall slope down and away from the
highway at a 2% grade to ensure proper drainage control.
13 All excavations on utility lines, culverts, other trenches
or tunnels shall meet the requirements of Colorado
Department of Transportation, OSHA, Colorado Industrial
Commission and the Colorado Division of Mines whichever
applies.
14 The area around the new work shall be well graded to drain,
top soiled, fertilized, mulched and reseeded.
15 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be
off the roadway BEFORE 3:30 P.M. each day.
September 30, 1991
Garfield County
Regulatory Offices & Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Attn: Andrew McGregor
RE: Los Adobes Preliminary Plan
HCE Job No. 90042.003
Dear Andrew:
Regarding the review comments in your letter dated September 17,
1991 to Ron Liston, we have the following responses:
1. Section 4:80, Drainage. There are two existing culverts under
Highway 82. The westerly one is a 24" corrugated metal pipe,
and the easterly one is an 18" corrugated metal pipe. They
are located pretty much where one would expect them to be to
serve the two main drainages in the subdivision. These
culverts are adequately sized to pass the expected 100 -year
water flows with a headwater depth of less than twice the
diameter of the culvert.
2. Section 4:92, Percolation Tests. The percolation test for the
existing house in the subdivision showed a rate of 35 minutes
per inch, which is quite reasonable. However, we concur with
the geology report that the site is so variable, that each lot
should be individually evaluated for the best location and
best type of individual sewage disposal system.
If you have further questions, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Timthy P. Beck, P.E.
Pri cipal Engineer
TPB:rjm
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-9676 • 303-920-3669 • FAX: 303-945-2555
• r
T 1 1991
c9ee iiy.
September 30, 1991
ei.
land design
partnership
Andrew McGregor
Planner
Garfield County Dept. of Regulatory Offices and Personnel
109 8th Street
Glenwood Springs, CO 81601
Re: Los Adobes Subdivision
Dear Andrew:
This letter, the accompanying letter from Tim Beck and the other attached
information are offered in response to your letter of September 17.
VEGETATION:
The site is almost entirely characterized by climax pinyon/juniper forest.
The only variation is on the southerly edge of the property adjacent to the
HWY 82 R.O.W. where the trees give way to open grass meadow. The most
significant site disturbance associated with the new road construction occurrs
in this meadow area. This area will be revegetated with native grasses as
well as pinyon and juniper plantings. This area of the site has access to
irrigation water which will be used to establish and maintain these plantings.
The design guidlines administered by the home owners association will endeavor
to minimize the disruption of the native vegetation at each building site.
The existing residence built by one of the subdivision owners serves as an
example of the type of construction that will characterize the project.
WILDLIFE:
Fences will be limited by the design guidelines to areas in close proximity to
the residential units thereby minimizing any disruption of the movement of
deer through the site. Dogs will also be controlled by the protective
covenants so as to minimize any negative impacts upon deer and other wildlife
in the area.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
• •
September 30, 1991
Garfield County
Regulatory Offices & Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Attn: Andrew McGregor
RE: Los Adobes Preliminary Plan
HCE Job No. 90042.003
Dear Andrew:
Regarding the review comments in your letter dated September 17,
1991 to Ron Liston, we have the following responses:
1. Section 4:80, Drainage. There are two existing culverts under
Highway 82. The westerly one is a 24" corrugated metal pipe,
and the easterly one is an 18" corrugated metal pipe. They
are located pretty much where one would expect them to be to
serve the two main drainages in the subdivision. These
culverts are adequately sized to pass the expected 100 -year
water flows with a headwater depth of less than twice the
diameter of the culvert.
2. Section 4:92, Percolation Tests. The percolation test for the
existing house in the subdivision showed a rate of 35 minutes
per inch, which is quite reasonable. However, we concur with
the geology report that the site is so variable, that each lot
should be individually evaluated for the best location and
best type of individual sewage disposal system.
If you have further questions, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Timthy P. Beck, P.E.
Pri cipal Engineer
TPB:rjm
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555
• •
page 2
Andrew McGregor
WATER RIGHTS:
The property has a limited water right which will be used for landscape
purposes around the entrance and on the areas disturbed by road construction.
Domestic water supplies are being protected by contracts with the Basalt Water
Conservancy District. Application is being made to the State to expand the
uses on the existing well permits based on the Basalt Water Conservancy
District contracts (attached).
Please call if you require any additional information.
Sincerely,
Ronald B. Liston
1 •
Nicholas Lampiris, Ph.[).
CONSULTING GEOLOGIST
0185 INGERSOLL LANE
SILT, COLORADO 81652
(303) 963-3600 (24 HOURS)
September 25, 1991
Ron Liston
Land Design Partnership
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
Dear Mr. Liston:
I have completed my geologic investigation of the 23.2 acre
parcel above Highway 82 in the Los Adobes Subdivision which is
proposed to be divided into 8 lots, including a 4.3 acre open
space area. The nearly rectangularly shaped parcel lies near the
center of Section 27, T 7 G, R 88 W, of the 6th PM, Garfield
County, Colorado.
The topography of the property consists of a moderate south
slope. There are gently sloping to flat areas, dissected by
gullies as shown, where the building envelopes will be. The
property is covered with pinions and native grasses, and red
sandstone boulders abound. A gully exists along the pre-existing
road through the development, but contained no running water at
the time of my visit. A new subdivision road along better
alignment is nearly complete, as shown. The areas outside of the
marked envelopes are either steep or gullied and should be
avoided for the construction of homes for the most part.
The geology of the property consists of unconsolidated silts,
sands, cobbles and boulders (mostly red siltstones and
sandstones) of colluvial origin. The red unit at or near the
surface throughout the area is the Pennsylvanian -Permian age
Maroon Formation which dips generally to the northwest at about
30 degrees. There is no live water on the property and, because
of the elevation and southern exposure, there is seldom any large
accumulation of snow.
The proposed building envelopes have been chosen on the basis of
topography but some recommendations are still in order. Of
course, the gullies should be avoided in the final site selection
and positive landscaping around all the homes should be insured.
The homes should be set back at least twenty feet from the edges
of any steep slopes and the Soils engineer should specifically
address the proper set back distance during his site specific
study. Natural vegetation should be strongly encouraged so that
extensive watering of landscaping does not become a problem.
Also, a drainage plan is important to further reduce any undue
accumulation of water in the subsurface which could initiate
instability in soils but the soils engineer should be consulted
for his specific recommendations for foundation design for the
proposed residences prior to construction.
• •
Lot by lot, my specific recommendations are as follows:
Lot 1- The home must be sited on the ridge between the two
gullies where flash -flooding is a potential. The site, as shown,
is acceptable.
Lot 2- There is presently a diversion ditch trending toward
the homesite which definitely needs to be re -directed so as to
carry water away from any structure. Slight rockfall potential
from the new road down can be mitigated by removing loose
boulders prior to construction. Also, the lower three feet of
the home should be strong enough to absorb forces of 200 pounds
per square foot.
Lot 3- This site is on a southwest facing gentle slope
above a gully to the east. The home needs to be site far enough
above the gully to not be affected by floods or mudflows in the
gully.
Lot 4 This is the existing home site. It is well located
on a flat, safe knoll.
Lot 5- This site needs to evaluate rockfall mitigation as
for Lot 2.
Lot 6- This site is very similar to the one where the
existing home is and, therefore, needs no special comment due to
absence of hazards.
Lot 7- This is part of the same knoll as for sites 4 and 6
but drainage control is more important for this site.
Lot 8- This site is located safely between two potentially
troublesome gullies but the only special concern is in the
driveway design crossing the eastern gully. Culvert sizing is
important but occasional replacing of the culvert after mud or
debris flows may be necessary.
Open Space- There is a building site in the northwest
corner of this parcel on the ridge between the two gullies should
it be necessary. Should this site be considered it is important
to avoid both gullies and anticipate infrequent problems with the
gully crossing along the driveway to the site.
It is my understanding that water will be available from the
Subdivision but that waste disposal must be on site. I believe
this may be a problem because of the gullies, near surface
bedrock, and hillsides, and that a civil engineer will need to be
retained to design systems to fit the conditions. Along the new
subdivision road good borrow ditches and culverting are important
and must be maintained over time.
• •
The builder involved in the construction of the homes should be
cognizant of mitigative techniques for preventing the
accumulation of radon gas. This has become standard practice in
the State and does not add significantly to the cost of
construction. If there are further questions please do not
hesitate to contact me.
Sincerely,
7;1441
Nicholas Lampiris
Consulting Geologist
• •
SCHENK, KERST & deVVINTER
JOHN R. SCHENK
DAN KERST
WILLIAM J. d&WI TER, III
Los Adobes Joint Venture
14156 State Highway 82
Carbondale, CO 81623
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2447
TELECOPIER: (303) 945-2977
September 24, 1991
Re: Basalt Water Consevancy District Allotment Contract
Ladies and Gentlemen:
At its meeting on September 9, 1991 the Board of Directors of the Basalt Water
Conservancy District considered your applications for Water Allotment Contracts for your
proposed 8 Lot subdivision. The Board has approved an Allotment Contract for each of the four
proposed wells. I enclose herewith three copies of Allotment Contract for each well, with the
District's Order Granting Application attached thereto. I would bring your particular attention
to condition numbered 1 as contained in the orders granting the applications for the wells to
serve Lots 1 and 2, Lots 3, 4, and 5, and Lots 6 and 7. The District's policy is to require a
Homeowners Association or other acceptable entity to hold any contract, which serves more than
one property. Since each referenced contracts is proposed to serve more than one lot, a single
contracting entity is required. Perhaps you should call me to discuss your options in this regard.
The contract for Lot 8 does not contain this condition.
If the contracts are acceptable as presented. You should sign all of the enclosed contracts
where indicated and return one fully signed copy of each contract to me. You will then be billed
for that portion of the contract fee applicable to the current contract year from September 9,
1991 to March 31, 1992.
Let me know if you have any questions in this regard.
DK/dw
Enclosures
cc: Ron Liston
Resource Engineering
Yours
KERST
•
MEMO
OCT 18 1991
GAi F1E u•
TO: ANDREW MCGREGOR
FROM: DON K. DEFORD, COUNTY ATTORNEY
RE: LOS ADOBES SUBDIVISION
DATE: October 17, 1991
After review of the documents tendered to my office concerning the
above -referenced subdivision, I have the following comments:
1. As a reminder, notification must include all mineral
owners and lessees of record.
2. The Board of County Commissioners meeting must be set
within thirty (30) days of the completion of the Planning
Commission hearing. Notification for the Planning Commission and
Board of County Commissioners hearings is substantially similar,
both including the mineral owners and lessees.
3. As an additional reminder, the preliminary plan map must
include the names and addresses of all owners including mineral
owners and lessees of record. I note that the attached title
insurance policy indicates a severed mineral interest, including
a right to remove or extract ore. All exceptions to the title
insurance policy have not been tendered to this office. I note
that under the general plat notes #9, Easement Holders of Record,
recorded easements as noted in the title policy have not been
included.
4. Is the road that runs through the middle subdivision a
private access easement or public road? The plat does not appear
to be clear on that point. Additionally, the plat should clearly
show that the drives to the individual lots are private and
dedicated access easements. At time of consideration of the
preliminary plan, there should be some documentation from the Road
& Bridge Department or from the engineer for the subdivision that
the proposed road or access easement conforms with County
specifications.
5. In regard to the roads within the subdivision, I note
that this subdivision and proposed road will abut a major highway.
Pursuant to the provisions of Section 9:33 of the Subdivision
Regulations an accel/decel lane must be provided.
6. The subdivision must show legal access to a public road.
There must be some demonstration from the State Department of
Highways that access will be permitted at the point indicated in
the plat. At the time of final plat, a permit must be presented
from the appropriate State agency permitting access to Highway 82.
•
MEMO TO ANDREW MCGREGOR
PAGE TWO
OCTOBER 17, 1991
7. Due to the topographic features of this subdivision, I
believe it is of critical importance that a homeowners' association
be formed and that that association and its members be obligated
to pay for maintenance of the road, together with snow removal.
The method by which this will be accomplished should be indicated
as part of the preliminary plan.
8. Fire Department approval of the lengthy culdesac street
must be obtained.
9. Has the developer submitted any fire protection plans
pursuant to the provisions of Section 9:71.
10. Pursuant to the provisions of Section 9:61, soil
percolation tests should be accomplished for each lot if no central
sewer system is to be utilized.
11. If individual wells are to be utilized for each lot
approval, it must be indicated by the Colorado Division of Water
Resources pursuant to Section 9:52. If wells are to service more
than one lot, such approval must be obtained from that agency.
Additionally, if wells are to service more than one lot, easements
for water lines and provision for maintenance of the lines and
wells should be indicated on the preliminary plan. Multiple use
of single wells also requires covenants for maintenance of those
systems and distribution of costs for operation of those systems.
12. Some indication must be placed of record as to the
responsibility for the maintenance and control of the open space
set forth in the plat. The provisions of Section 4:60(a) requires
the delineation of the terms of reservation and dedication of such
open sites.
13. In regard to wildlife, the brief description in the
letter of September 30, 1991, does not appear to meet the
requirements of Section 4:70(d). While mitigation impacts are
briefly discussed, there is no presentation of wildlife habitation,
including a statement regarding any big game ranges based on the
mapping practices of the Division of Wildlife.
14. In regard to the water plans required under Section 4:91,
I have found in my documents no report of a registered engineer
regarding the quality, quantity or depth of such water as required
by Section 4:91(d). Additionally, the letter from Attorney Kerst
appears to indicate that some plan of augmentation is required.
That would appear to have been accomplished through contracts with
the Basalt Conservancy District. I note in recent discussions with
the Board of County Commissioners, that that Board is now greatly
•
MEMO TO ANDREW MCGREGOR
PAGE THREE
OCTOBER 17, 1991
concerned over the finality of augmentation plans. Recent meetings
with representatives of Pitkin County and the Town of Aspen,
indicate that they may challenge the validity of Basalt Conservancy
District contracts, to the extent they are premised upon Round Two
sales. At this time, it is my understanding that the Basalt
Conservancy District has sold more water than allotted to that
District under the Round One sales. I am interested in comments
from the State and the applicant concerning the validity of the
current Basalt contracts to this developer for augmentation.
15. The proposed water supply system for this subdivision
appears to be a hybird between a central supply system and
individual well systems. Some provision must be made for the
drilling of wells, sharing of costs of wells to service more than
one property, as well as the earlier mentioned maintenance and
easement agreements. To the extent the proposed systems constitute
a central supply and distribution system (wells servicing more than
one lot), design by a professional engineer is required, as well
as a description of the owner of the well, the financing of
maintenance and testing of the well.
16. In addition to other requirements for sewage disposal,
the applicant will need to comply with the provisions of Section
4:92(d) and (e) regarding platting and management of such systems.
17. In regard to fire protection, the provisions of Section
9:73 require location of a fire protection storage tank. That must
be shown on the plat and described in the preliminary plan.
The foregoing constitute my comments after reviewing the submitted
material in conjunction with the Garfield County Subdivision
Regulations.
DKD:mls
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
October 22, 1991
Ron Liston
Land Design Partnership
P.O. Box 517
Glenwood Springs, CO 81602
RE: Los Adobes Preliminary Plan
Dear Ron:
The following comments are the result of a more thorough review of the Los Adobes
application. Hopefully we can clarify some of these issues prior to the Planning Commission
hearing.
Section 4:59 D
Since there has been a sale of one of the proposed lots or one of the
Sunnyside Exemption lots, it will be necessary to have the new owners
name on the plat. In addition, it will be necessary to have a deed and title
report for this part of the subdivision. The title report submitted for the
property was not complete. Mineral owners (and lessees) need to be
noted on the plat and noticed as a portion of the public hearing
requirements.
4:50 J(6) Plat does not depict location of existing residence.
4:50 K(2) This section requires the inclusion of topographic information with a
minimum of five (5) foot contour intervals.
4:60 A Nowhere in the application materials could I find any discussion of the
proposed terms of reservation or dedication for common facilities to
include roads, water system(s) and open space.
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
• •
Ron Liston
Page 2
October 22, 1991
4:60 E Lampiris' letter identifies lot -specific limitations. For the sake of
clarification, these should be shown graphically. I would also like to see
these hazards areas depicted on the Final Plat. His comments also raise
concerns about roads, drainage and terrain hazards but basically defers
it to the future buyer(s) on a lot by lot basis. I'nm of the opinion that
these issues should be addressed comprehensively as a portion of the
application not subsequent to the approval of the entire plat.
4:60 G We need a complete copy of the title report.
4:70 D These comments need to address wildlife habitation on the subject
property as well as mitigation measures.
4:80 As noted in the soils information and geology letter, drainage should be
addressed for the subdivision road including ditches and culverts. Also,
the geologist identifies flash flooding potential on Lot 1.
4:90 We need a copy of the contract from the Basalt Water Conservancy
District for the file. Also, we require statement of potability and
availability from an engineer. If the wells are intended to be shared, we
need to identify location of common facilities, ownership and
maintenance.
4:92 D(3) I'm not sure that I concur that one (1) percolation test is adequate
considering the less than ideal conditions on the lot. My concern is the
potential for effluent surfacing on downslope lots causing a health
hazard.
4:92 E Requires management and maintenance plans for subdivision serviced by
I.S.D.S.
Ron Liston
Page 3
October 22, 1991
4:93 Plans are not labelled "Not for Construction" as required.
9:21.1 With the limitations imposed by topography and soil conditions, I
wonder if the density is too high?
9:33 This section requires acceleration/deceleration lanes. This is in conflict
with your state permit which has no such requirement.
9:34 Provides for a waiver of the 600 foot maximum cul-de-sac length with the
approval of the applicable fire district. We have received no comment
from the Carbondale folks on this application.
9:35 The type of easement for the driveways is not identified on the plat.
Provisions for maintenance and snow removal for the public road, as well
as the driveways, needs to be addressed.
9:36 The road plans submitted with the application appear to conflict with the
newly adopted standards. The grade on a considerable portion of the
road is at 12%± (10% allowable). In addition, the ditch width, cross
slope and shoulder slope may not comply with these standards. These
standards also require a 1% within 30 feet of an intersection. This
appears to conflict with the approved Highway Access Permit.
9:37 No fire protection plan has been submitted. A storage tank is a
requirement of this section. Also, a waiver on the cul-de-sac is also
required.
I've also enclosed comments from Don DeFord on the proposed subdivision for your benefit.
• •
Ron Liston
Page 4
October 22, 1991
Let me know when you want to schedule a meeting with the Board of County Commissioners.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
Enclosure
ROBERT N. RIVERS
7 LA QUINTA
IRVINE, CALIFORNIA 92715
October 18, 1991
Mr. Mark Bean
Garfield County Planner
Garfield County Court House
109 8th Street
Glenwood Springs, CO 81601
Dear Mr. Bean:
[iR7VY.
N O V 1 1991
C;n�Lu uUu;vrr
I am the owner of the property known as Tract 2, Sunnyside Subdivision Exemption in
Garfield County. In that regard, I am in complete agreement with the application for re-
subdivision of Sunnyside Subdivision Exemption, that has been submitted to Garfield
County by Los Adobes Joint Venture.
Enclosed as proof of my ownership of this property is a copy of my warranty deed. I also
hereby authorize John Peter Greene to act on my behalf with respect to all matters
concerning this application.
Should you have any questions, please feel free to call me at my office at 213/783-3082.
Thank you for your consideration.
Since
CC: Mr. J. Peter Greene
Enc.
•
1tin 4 1991
f
P I S SOIL CONSERVATION DIS C 1 CT ' �-
MOUNT SO R �; ,
P.O. BOX 1302 GNI I ILID CDuNTY
GLENWOOD SPRINGS, COLO. 81601
October 31, 1991
Andrew McGregor,Planner
109 8th Street, Suite 303
Glenwood Springs, Co 81601
Dear Sir,
The District has the following general comments in regard to the Los
Adobes Subdivision. The material received does not contain soils
information and other data that normally accompanies subdivision
reviews. For a complete review by the District we would appreciate
receiving all required data.
Any cuts for roads or construction should be revegetated to prevent
erosion and weed free seed and mulch used for reseeding, with
monitoring done on the growth and noxious weeds controlled. We feel
that a revegetation plan should be prepared for all disturbed areas on
this subdivision.
The board is always concerned about animal control in an area where
there is the potential for wildlife or domestic livestock and
recommends animal control within the subdivision.
Of prime concern to the Board is the proper maintenance and protection
of any irrigation ditch which is on the site. Liability of the ditch
owners is always something they question, and the ability to maintain
the right —of—way easement for use by the owners of the water rights
should continue.
Sincerely,
Dee Blue
President, Mount Sopris SCD
Town of Carbondale
76 South 2nd St. Carbondale, Colorado 81623 (303) 963-2733
November 8, 1991
•
Mr. Andrew McGregor
Garfield County Department of Regulatory
Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
TRANSMITTED BY FACSIMILE
Re: Los Adobes Sketch Plan
Dear Andrew:
. -17
NOV 12 1991
The Carbondale Planning and Zoning Commission reviewed the Los
Adobes sketch plan which you submitted for referral at their
November 7th, 1991 meeting. Town staff noted the steep
topography, the relatively steep grade of the road and the
geologic conditions which may cause some concern for providing
individual septic systems at the proposed density.
The Commission's comments centered around the road and whether
the constraints of terrain were carefully considered in relation
to road placement. The Commission recommends that the County
consider adopting standards for road construction permits for any
road involving highly visible terrain that would be subject to a
1041 type of review process. The vote on this recommendation was
6 to 1.
The Town of Carbondale would like to thank Garfield County for
this referral and the ability to review and comment on projects
in the vicinity of the Town. Please call me at 963-2733 if you
have any questions.
Sincerely,
Mark Chain '
Town Planner
MC/sd
►4,
COLORADO
• •
Grand Junction Regional Office
222 S. 6th Street, Room 232
Grand Junction, Colorado 81501-2768
Telefax Number: (303) 248-7198
ROY ROMER
Governor
JOEL KOHN
Interim Executive Director
DEPARTMENT
OFIHEALTH
November 8, 1991
Garfield County Planning Department NOV 13 1991
109 8th St., Suite 303
Glenwood Springs, CO 81601 Ci{ 1idt='LLU twuiVTY
Attn: Andrew McGregor, Planner
RE: Los Adobes Preliminary Plan
Dear Andrew:
We have the following comments regarding the subject proposal.
1. No mention was made of drinking water supply and/or treatment.
2. No soil studies or percolation rates were supplied. What is the distance
to bedrock? What are the slopes on the lots and do they conform to ISDS
criteria?
Thank you for the opportunity to comment. If you have any questions, please
contact me at 248-7150.
inc rely,
Dwain P. Watson
West Slope District Technician
Water Quality Control Division
DPW/csk
cc: Field Services Section, CDH
File
J. Scherschligt, Water Standards CDH
printed on recycled paper
ROY R. ROMER
GOVERNOR
November 22, 1991
ori ,44 411
6,-11114'-4
4' of C0\ `��1j ..►j'(
JOHN W. ROLD
* DIRECTOR
* 1876
0
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET
DENVER, COLORADO 80203 PHONE (303) 866-2611
Mr. Andrew McGregor
Garfield County Planner
109 8th Street
Glenwood Springs, CO 81601
13
ii
DEC 21991
GABF i EiLD LOUN
GA -92-0002
Dear Mr. McGregor:
RE: Los Adobes Subdivision
We have reviewed the materials submitted regarding the above referenced proposal and the
general and engineering geology of the site.
The report by Nick Lampiris does a good job of characterizing the geologic conditions on
the site and recommending appropriate actions to avoid or mitigate any adverse effects. We
concur and reiterate his recommendations.
Particular care must be taken to assure that the uphill septic systems are properly designed,
located and installed to preclude any untoward consequences on the adjacent, downhill
development.
Given the above considerations, we have no objection to the approval of this application.
Yours very truly,
Jeffrey L. Hyn - s
Senior Engineering Geologist
GEOLOGY
STORY OF THE PAST... KEY TO THE FUTURE
• •
land design
partnership
TRANSMITTAL
December 9, 1991
TO:
Andrew McGregor
Planner
Garfield County Dept. of Regulatory Offices and Personnel
109 8th Street
Glenwood Springs, CO 81601
FROM:
Ron Liston
Project: Los Adobes Subdivision
Transmitted By: Hand Delivery
Contents:
Revegetation Criteria 5
Revegetation Seed Mix 3
Letter from Tim Beck, High Country Engineering
Topographic Plan identifying building sites 3
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
• •
ir
December 6, 1991
Mr. Andrew McGregor
Garfield County Planning
109 8th Street, Room #303
Glenwood Springs, CO 81601
Re: Los Adobes Subdivision
HCE File Number 90042.003
Dear Andrew:
In accordance with decisions resulting from our meeting at your
office a few days ago, Nick Lampiris and I walked each lot to
better define the building envelopes and ISDS possibilities. The
building envelopes we determined are shown on the accompanying
drawing. Nick believes that a house could be located anywhere
within these building envelopes with little or no mitigative
measures. Note that the individual sewage disposal systems are not
necessarily located within these building envelopes.
As far as the individual sewage disposal systems are concerned,
some general comments may be made. Probably, four lots may be able
to utilize a standard septic tank and leach field system. The
other lots mainly have the restriction of bedrock being less than
eight feet below the ground surface. The existing soils look like
they will have an acceptable perc rate and the bedrock is most
likely highly fractured, so wastewater disposal shouldn't be a
major problem. However, to provide adequate treatment of the
wastewater before it gets to the fractured bedrock, it will be
necessary, in many cases, to import fill material to build an
acceptable thickness of treatment media. Typically, this is a
crushed sand material because of its relatively predictable
characteristics. The type of absorption field would be referred to
as a sand filter if cut into the hill, or a mound system if built
up from existing ground level.
Following are some brief comments on each lot:
Lot 1: Will require a fill type system southerly of the house.
Lot 2: A standard system should be able to be located southerly
of the house.
Lot 3: A standard system may be possible depending on house
location, otherwise a fill system will be needed.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
•
Mr. Andrew McGregor
Page 2
December 6, 1991
Lot 4: A standard system is already in use on this lot.
Lot 5: A fill system will be necessary, most likely location is
easterly of the house.
Lot 6: A standard system should be possible southerly of the
house.
Lot 7: A fill system will be necessary, most likely location is
northeast of house.
Lot 8: A fill system will be necessary, most likely location is
southerly of house.
If you have any questions or need additional information, please
call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
l�-
Tim thy P. Beck, P.E.
Pri cipal Engineer
TPB:rjm
Encl.
•
LOS ADOBES SUBDIVISION
PRELIMINARY PLAN
REVEGETATION
All areas disturbed during the cons
will be revegetated according to th
1. Topsoil will be spread
To reduce total site distur
conditions shall be cut at
without topsoil or revegeta
2. Soil surfaces shall be
capture natural moisture an
3. All disturbed areas sha
and mulched with straw or h
lower portion of the new ro
•
ruction of the subdivision improvements
following criteria.
n all disturbed areas prior to seeding.
ance slopes cut into stable bedrock
near vertical slope and left exposed
ion.
eft in an irregular condition to better
improve contact between seed and soil.
1 be seeded with the attached seed mixture
dro-mulch. The large fill slopes in the
d shall be regularly irrigated during the
first year to assure establishment of the grasses and wildflowers.
4. The large fill slopes s
Mountain Juniper and Pinyon
regularly for a minimum of
Following this period, irri
trees are capable of surviv
shall be as follows:
Rocky Mountain Juni
Pinyon Pine
all also be planted with native Rocky
Pine. These trees shall be irrigated
hree years to assure their establishment.
ation may gradually be reduced until the
ng on their own. Minimum tree plantings
er
quanity
30
15
size
1 gal.
1 gal.
• t
REVEGETATION SEED MIX
Seed Variety Lbs Pls/Acres
Crested Wheatgrass 3.0
(Agropyron cristatum)
Pubescent Wheatgrass 'Luna' 5.0
(Agropyron trichophorum "Luna)
Beardless Bluebunch Wheatgrass 3.0
(Agropyron inerme)
Slender Wheatgrass 5.0
(Agropyron trachycaulum)
Indian piccgrass 'Nespar' 2.0
(Oryzopsis hymenoides 'Nespar')
Smooth Brame 'Manchar' 4.0
(Bromus inermis 'Manchar ' )
Mtn. Brame 4.0
(Brarus irarginatus )
Big Bluegrass Sherman' 2.0
(Poa ampla 'Sherman')
Cicer Milkvetch 2.0
(Astragalus cicer)
Wildflowers
Aspen Daisy
(Erigeron speciosus)
1.0
Blue Flax 1.0
(Linum lewisii)
Rocky Mtn. Penstemon 0.5
(Penstemon strictus)
Yarrow 0.5
(Archillea millefolium)
Colorado Blue Columbine 1.0
(Aquilegia caerulea)
Mountain Lupine 0.5
(Lupinus alpestris)
# Lbs. Pure Live Sccd
Total 34.5
High Country Engineering, Inc.
923 Cooper Avenue
Glenwood Springs, CO 81601
303-945-8676 • FAX 303-945-2555
TO 497e/---3762. 0 & u0v7/
1'")
e .
L DEC 1 Ci tr;'l
GARFIELD COUNTY
ATTN 747V02 E14-)
DATE / 21/0/9/
SUBJECT /C— L L a ¶pe
(es 2690 43.g--
1
JOB NO. '0,025. 004
?oo42. do
We are sending the following: . "Herewith ❑ Under separate cover
❑ Photocopies Er Prints ❑ Documents ❑ Mylars ❑ Shop Drawings
NO. OF
COPIES
ITEM
LATEST ITEM
DATED
5 ' 5 Go.o r6LA
Iv • L?�W- t_�PES
Mt 5r_. !►`1 PD
If material received is not listed above, kindly notify us at once.
Transmitted by:
❑ First class mail
❑ U.P.S. Next Day Air
❑ Federal Express
❑ U.S. Express Mail
❑ U.P.S. Std. Service
>eMessenger
❑ Pickup
❑ FAX
By:
REMARKS
ifs cerAl s-erzteeel
• •
BASALT WATER CONSERVANCY DISTRICT
CENTRAL BANK BUILDING
302 EIGHTH STREET, SUITE 310
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303)945-2447
TELECOPIER: (303)945-2977
December 11, 1991
Mr. Don K. DeFord
Garfield County Attorney
109 8th Street
Glenwood Springs, Colorado 81601
RE: Basalt Water Conservancy District
Water Allotment Contracts
Dear Don:
The Board of Directors of the Basalt Water Conservancy District (BWCD) has
asked us to respond to your recent inquiry concerning the reliability of water allotment
contracts issued by the District. Your inquiry was outlined in Item Number 14 of your
October 17, 1991 memo to Mr. Andrew McGregor concerning the proposed Los Adobes
Subdivision.
In summary, it is our opinion that the water allotment contracts approved by the
Board of Directors are reliable and provide the contractee with a firm basis for a
permanent legal water supply. Although you are correct in your observation that the
BWCD has under contract more water than it obtained from the Bureau of Reclamation
(BOR) under Round I Sales, this does not weaken the District's ability to provide critical
water supplies when needed. The basis for our opinion is outlined below.
The BWCD operates under a Substitute Water Supply Plan approved by the State
Engineer on May 5, 1983 in accordance with CRS 1973, 37-80-120. Under the plan,
the BWCD utilizes its water storage rights in Ruedi Reservoir as well as decreed direct
flow rights, as a substitute supply of water for it's contract allottees. Generally, allottees
are protected from potential downstream water right calls by the BWCD's ability to cause
release of water from Ruedi Reservoir. The BWCD has by contract with the Bureau of
Reclamation (BOR), 500 acre feet (AF) of water annually from Ruedi Reservoir. The
term of the contract is 37 years with an option to renew for an addition 40 years.
The BWCD's contract with the BOR specifically states that the water can be used
for municipal and domestic purposes, including residential, commercial and other
municipal water uses. Further, it allows the BWCD to use the water directly, by
exchange or through a plan for augmentation. These uses are also recognized and
approved by the State Engineer in the BWCD's Substitute Water Supply Plan. These
provisions demonstrate that the water upon which the BWCD relies is approved
• •
Mr. Don DeFord
December 11, 1991
Page 3
specifically to provide long-term legal water supplies to users within the District.
Under the operation of the Substitute Water Supply Plan, the BWCD must replace
out -of -priority water use on a total diversion basis, not consumptive use. Therefore
water is released from the reservoir in quantities that exceed actual stream depletions.
Only if the BWCD, (or individual contractee) obtains a court approved plan for
augmentation can releases be made commensurate with actual stream depletions. The
BWCD has filed a plan for augmentation pending in Case No. 87CW155.
An additional requirement of the BWCD's Substitute Supply Plan is that
Operating Plans be submitted to and approved by the State Engineer annually. The plans
identify each allottee, quantity of water under contract, point of diversion and diversion
schedule. The BWCD's most recent operating plan approved by the State Engineer on
April 15, 1991 discloses that at that time there were 132 individual contracts totaling
594.6 AF of water.
The 594.6 AF of water represents a worse case scenario in which all of the
BWCD's allottees have fully developed their water needs and that a water right call
occurs on the river on a year-round basis. In actual fact, not all of the allottees have
perfected their water needs. The total potential release of water for existing users has
been calculated to be less than 400 AF. This still assumes a year-round call on the river,
an event which has never occurred. Water right calls generally occur July through mid-
October, even during dry years. Accordingly, the largest reservoir release to date has
been 155 AF which occurred during the dry year of 1988. Thus, there remains a
significant buffer between actual reservoir needs and the BWCD's contract amount of
500 AF. Additionally, once the BWCD's augmentation plan is decreed, additional water
under existing contracts becomes available as releases can be made for depletions instead
of total diversions. It is on these circumstances that we base our opinion that the BWCD
can reliably serve existing and future allottees despite having contracts totaling in excess
of 500 AF. The State Engineer agrees with this concept as evidenced by his approval
of the 1991 Operating Plan.
Despite its ability to provide reliable service to its contractees, the BWCD is
actively pursuing additional water supplies to help meet future water demand within the
District. The BWCD has a formal request before the BOR for 3,000 AF of additional
water from Ruedi Reservoir under Round II Sales. While this represents an important
additional source of water, the BWCD is not dependant upon it nor is it issuing new
contracts relying solely on it for future water supplies. For example, the District has
begun an aggressive water right acquisition program. Recently the BWCD accepted a
donation of senior water rights representing a potential for 420 AF of water for domestic
uses. These rights will, in the near future, be integrated into the District's water
allotment program.
•
• 1
Mr. Don DeFord
December 11, 1991
Page 3
In conclusion, since its inception in 1964, the BWCD has been dedicated to
conserving, developing and stabilizing water supplies for the benefit of its constituents.
The District's Substitute Water Supply Plan based upon Ruedi Reservoir is reliable and
provides a basis for long-term legal water supplies for its allottees. In addition, the
BWCD is aggressively seeking additional sources of water supply to help meet future
demand. The BWCD is and will remain able to perform its contractual obligations. For
these reasons, we believe the Garfield County Commissioners can rely on the fact that
the BWCD will help it's allottees, such as the Los Adobes Subdivision, meet their legal
water supply obligations.
Please contact either of us if you or the County Commissioners desire further
information.
Sincerely,
/
R. Scott Fifer LB Ke
Hydrologist r ttorney for
Basalt Water Conservancy District Basalt Water Conservancy District
January 2, 1992
Andrew McGregor
Planner
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, CO 81601
Re: Los Adobes Subdivision, Supplemental Information
Dear Andrew:
land design
partnership
il:
_IL .:.....i_._.w i...:L_`i.L.
lk JAN 0 3 s992
GAR tELD COUNTY
Attached are various documents provided in satisfaction of the preliminary
plan submittal requirements. The attachments are summariazed as follows:
Topographic Site Plan: Shows revised lot lines reflecting the deletion
of what was originally lot #2 and other lot line adjustments which
improve the buildable area of the lot or increase the size of the
common open space tract. The building envelopes are shown in a manner
that can be easily included ori the final plat and surveyed on-site.
In some instances the building envelopes have been increased in size.
Drainage Report: Prepared by High Country Engineering, this clearly
documents the very minimal impact this project has on the existing
surface runoff conditions.
Geologist's Letter: Nick Lampiris confirms the geologic saftey of the
proposed building envelopes.
Basalt Water Conservancy District Contracts: These signed contracts
verify the availability to provide legal augmentation water for the
expanded use of the issued well permits. The contracts and well
permits have been submitted to the State Engineer's office to expand
the usage of the wells to accommodate the additional three lots.
Letter From Jerry Hartert: Jerry's letter explains the ownership and
maintenance mechanisims for the common use elements (road, wells, open
space). The articles of incorporation and by-laws for the home
owner's association which will administer these responsibilities will
be prepared for recording with the final plat.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
page 2
Andrew McGregor
Letter from Ron Leach, Fire Chief, Carbondale Fire District: Ron's letter
approves the road design and recommends either storage on site for fire
protection or the requirement that each home have a fire sprinkler system
installed.
The applicant proposes to require fire sprinkler systems in
each of the new homes and also to install a 10,000 gallon
water storage tank with a fire hydrant from which the Fire
District's trucks can pump. The tank will be buried in the
driveway easement immediately west of the existing well and
just north of the cul-de-sac.
The Department of Transportation has been contacted about the accel/decel
lanes but Chuck Dunn who would be responsible to issue a letter has been on
vacation throughout the holidays. We anticipate getting a letter from Chuck
prior to the January 8th meeting stating that the lanes should not be built.
With the receipt of a letter from Chuck Dunn, I believe we will have provided
all necessary information for the P 81. Z to act on the preliminary plan. Thank
you for your assistance.
Ronald B. Liston
• •
January 2, 1992
Garfield County
109 8t11 Street
Glenwood Springs, CO 81601
Attn: Andrew McGregor
Re: Los Adobes Subdivision
HCE File No. 90042.003
Dear Andrew:
This letter is meant to be a supplement to the Drainage Study and
follow-up letter for this project with dates of 9/3/91 and 9/30/91
respectively.
Enclosed with this letter is an enlarged portion of the U.S.G.S.
quadrangle for this area showing Section 27. The proposed
subdivision is located nearly in the center of said Section 27.
The drainage basins affecting the project have been outlined in
heavy dashed lines, and the boundary and lot lines are shown in
lighter solid lines. Basin B is the same as Basin A in the
original report, and Basins C & D correspond to Basin B in the
original report.
Please notice a couple of items that the enclosed map shows.
First, with the addition of the road culvert proposed near the base
of Basin D, the outfalls for all the basins will be essentially
identical to the historic situation. That is, Basins C & D will
drain to the southeast corner of the property, while Basins A, B &
E will drain to the southwest corner of the property. The main
difference will be the influence of the proposed residences. If
one assumes a 6,000 square foot house with approximately 2,000
square feet of garage/outbuildings, etc., each home site would add
approximately 4 acre of impervious area to the watershed. The
other areas adjacent to the house should be lawn or landscaped or
revegetated, and would thus have less runoff than natural
conditions. So the westerly drainages will have approximately 31
homesites associated with them, which would amount to less than 1%
of the total drainage area being impervious. The easterly
drainages might have approximately 3% new impervious area.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
• •
Andrew McGregor
January 2, 1992
Page two
Actually, however, the increase in flow would not likely be even
the 1% to 3% since the landscaped areas added would have less
runoff than existing conditions, and thus would tend to cancelout
the added impervious areas. Therefore, one can see that the change
from the existing conditions should be quite minor.
If you have any further questions, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Timothy P. Beck, P.E.
Principal Engineer
TPB:cso
•
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0185 INGERSOLL LANE
SILT, COLORADO 81652
(303) 963-3600 (24 HOURS)
January 2, 1992
Mr. Ron Liston
The Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
Dear Ron:
I have re -visited the proposed subdivision to see how the most
recent changes affect the geology of the site. The only place
where the changes make a difference geologically is within Lots 1
and 3.
In Lot 1, the proposed building site has been extended to the north
into an area which, at the site specific level, will need to have
some land form modification and drainage design. It is my
understanding that the drainage coming in from the northwest will
be improved so that it flows more easily into the north -south
drainage along the eastern boundary of Lots 1 and 3.
In Lot 3, the best building site within the envelope encompasses
most of the two switch backs in the northern half of the lot.
Sinc rely,
--7-r-e-71
a
Nicholas Lampiris
Consulting Geologist
NL:rm
CARAIDALE FIRE PROTECTION DORICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
December 12. 1991
Mark. Bean
GARFIELD CO. PLANNER
109 8th St.
Glenwood Springs. Colorado 81623
Dear Mark_
I have reviewed the preliminary plat plan for the proposed Los
Adobes sub -division and would liketo offer the f,-,1lowina comments
to you regarding fire protection for the sub -division.
The Carbondale & Rural Fire Protection District will provide fire
andambulance serviceto the sub -division. Servicewill be provided
from. the Carbondale fire station. approximately 3 miles from the
sub -division.
Access to the sub -division is adequate for the Carbondale fire
trucks and ambulances. Theover all length of thesub-division road
is over 600 feet. but due to the proposed turn around and road
width. this should not present a problem for emerqencv vehicles,
Water supply for fire protection should be stored on the property
in the amount of 60.000 Gallons made available to the fire
department at a central fill site.Specifications on the fill site
are available upon request. The water can be stored in an
underground cistern or an above around tank.
In lieu. of an on site water supply. residential sprinkler systems
could be utilized. The systems should be installed in accordance
with. National Fire Protection Codes No. 13P.
Additionally. due to the vegetation in the sub -division.
I would. recommend that the proposal be sentto the Colorado State
Forest. Service office in Grand Junction for a wildfire hazard
review.
If you have any questions feel free to contact me at 963-2491.
Sincerely.
Ron Leach
Carbondale & Rural Fire Protection District
Chief
TELEPHONE 303-945-8571
• •
GERALD D. HARTERT
4ttosncy at Law
811 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81601
January 2, 1992
Planning Commission of Garfield County
Garfield County Courthouse
109 8th Street
Glenwood Springs, CO 81601
Ladies and Gentlemen:
FAX NUMBER 303-945-4981
I represent Los Adobes Joint Venture in connection with the
Los Adobes Subdivision application presently pending before the
Garfield County Planning Commission. I have been requested to
provide the commission with a description of the means by which
the roads, water system, common areas and other common facilities
of the proposed development will be owned, maintained and
administered.
The applicant intends to organize a non-profit corporation
to be known as Los Adobes Homeowners' Association, the membership
of which will be comprised of all owners of title to lots within
the development. Upon completion of all requirements of a
subdivision improvements agreement to be entered into between
Garfield County and Los Adobes Joint Venture, with respect to
installation of the developer's improvements, the applicant will
transfer and convey all roads, common areas and any other common
facilities, excepting the water systems serving the various lots,
to the homeowners' association.
Coincidentally with the approval and filing of a final plat
for the development, protective covenants, conditions and
restrictions will be submitted for the planning commission's and
county commissioner's approval, which covenants, conditions and
restrictions shall, provide for the assessment by the homeowner's
association of each lot in the development for purposes of
defraying the expenses of operation, maintenance, repair and
administration of all of the aforementioned common facilities.
The covenants, conditions and restrictions will further impose
upon the homeowners association the obligation to own, operate,
maintain and repair all such common facilities.
The only deviation from the scheme outlined above, will be
with respect to the four wells (Los Adobes Joint Venture Wells 1,
2, 3 and 4) serving the various lots, and in connection with
these wells, each will be owned, operated and maintained jointly
by the owners of the lots served by each of the wells,
respectively. The basis for the obligations and the means of
enforcement thereof, with respect to operation, maintenance and
repair of the wells as between the lot owners, will also be
• •
provided in the aforementioned, covenants conditions and
restrictions.
The applicant therefore requests that the planning
commission recommend approval of the proposed development
conditioned upon and subject to submittal of the proposed
covenants, conditions and restrictions prior to final plat
approval.
The homeowner's association will be incorporated following
preliminary plat approval and prior to final plat submittal.
Please let me know if I can provide any additional
information with regard to the foregoing.
Yours Very Truly,
Gerald D. Hartert
GDH/sr
A
•
CTL(THOMPSON, INC.
CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS
January 7, 1992
Carbondale Land Development Corporation
P.O. Box 9705
Aspen, Colorado 81602
Attention: Mr. Scott Writer
Subject:
Wooden Deer -Subdivision
Garfield County, Colorado
Job No. 18256
Dear Scott:
Based on conversations this morning, we understand three Issues of concem resulted
from the sketch Ian review of the
gecsubject
btect ro
erty. We
have reviewed parts o,f he skec
h_plan
vew Ree AyCnom ers - iCPte.tt.e tt, _tent 'x:ns.4-an V.1d0 s
rearr iriQ.ttecdnce tom a5eoteclmicalv ewpoi
��_ F _
•
._-.,� r � ---`�' s tve�-ala ----ont-�orne
---.---SIT �.." S' {�A�P+-- t w.....iw. •�..�'-•.:..:a:
- nce ar / i es:lene .o .expans and. "4
'i' z> "*"'" n�a V.11 4t1" ort steep cu>"stop se41 7' — —13 won
j�y�,st [� .sy .w.'.O M.►}eG7.. a11.71.th' t L.`Gly {.�.....r.....-.aMi i •, P*il--:t51 i.. .iu�i1 ?Ml.v-iisW1M;11-+9^..x..v
�r4SF���1�h.�-iF'fJ����it��i.l� 811' o�Q-Jlte.
`slopeszexCeedi'.2� `Den wkiicho :.c tthefnortriern p
s ,eort'3ct1 uritlat—o des sn wll�'6Q3:e�+scted: by;the=_ .
As stated -inti'thiit'.Review: Ag tt.y ants , .fo _ - . O ,----� ---_._...pages 5 _�—
:Co4Bt�ce_.of�xpattsi�i`d�a�;Compass(vals;lN���iCroatof2000Qo 4 00 psf for spreadrfooting
�We anticipate allowable bearing pressure's in the ran„ may be
n
type foundations. "The foundations for homes built swlellin the southern by concentrating lf of the structurieedeadload�A
expansive soils and will need to resist potential 5
grade beam on pads or wall -on -grade foundation could be recommended
recoemmen.. d
edfrthese
h s lots
in
gn
level soils ane foundation investigations". Forina101earyingr"`en
d
d ion
2.
a
see artcnsto sii�nao on a M,Ugiks a atorisgi�aQn6tl
feeiQtataatdOW,avide- `p�s.e.....ceeper exc v,.atl.orxs argt91:4247- eRc
cnterarii a�reserrtedhnghe=site speGl!a ect�dal SestigatiensAnsout!opinion•there_are
M� «�� trd~ concern regards
;�...•... alt tbtitttuctiana "thi§Ttiff. . The ttli �....ri d ated 3
�o`"�"ra�i���`�'s�fiam§v(tl'�`teta�i�irtt e S � s -
ercen• a r re or wy u e t b�res dat-k a loo
tau d n oc a AI,LOOPP.:P'.C1ceeciing.R.-5;p _ -A9 �.,�? 99.. .w- uivafent
' or thar_t orizonlat to�ve >ca �;A-siop of. -25.t is eG
t4 as„ + .P a M_ � •. 2 5 ta� 5 ! aied o essb S slo es a ceed'n 25 c
........,... tees°°a i ' tlyercent We; gin brei i r�rt v P, at-l-ls al r
i� rC! prtP-., par*Pg -- tea, es ai'25 ercerit a.g
� ce >err,. re: our.�eport.f�:onsYt�_�1,Qt�� ,��1�� re -aercent or_•..
outstandin �oblerrt:�with tomes boiit on Stopes of 4
G��n�` ;, r1r11.aise��e� �,,,gp � Ir ftiara.�.4a=percent w,th
f,s��a�ii'its'°``
it8: AddittonattY ihbr ,e"sm•.cai C uiit4.onr'"s'opas teep.,, „�y
s'#o miti e: os$_oi . tig s�aroih
constructlo,�.,�ec�!�►q� 9
234 CENTER DRIVE • GL-E-NWOCCSPRINGS, COLORADO 81601 • (3031945-2809
5ENT a'f':CTL-ThouFaon Inc.
1- 7-97' 2:2EFN
41, • - -794574 1 H.
170a32047AR;# 72.
We nope that this letter clarifies any questions. The concerns are addressed in more
derail in our report. To siirnnlarizeour,dpinion of the site, we believe the site'can be developed_
for singiejamily residences. From a geotoohnical viewpoint there are no outstanding cOncerns,f'_,
Vv'e consider the Wooden Deer site a good site from a geotechnical_
vIewpOflt AU
recommendations within our repprI followed.
Please ca il if you have any questions regarding this letter.
Very truly yours,
CTLiTHOM
eohling, P.C.
ch Manager
JM:gs
• •
LEAVENWORTH & LOCHHEAD, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
JAMES S. LOCHHEAD
SHERRY A. CALOIA
THOMAS L. ADKISON
December 20, 1991
Mr. Scott Writer
P. O. Box 9705
Aspen, CO 91812
Re: Wooden Deer Subdivision
Dear Scott:
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (303) 945-2261
FAX: (303) 945-7336
Enclosed is a letter from Paul Bussone concerning the wells we applied for in the
Wooden Deer Subdivision. As you can see, the average annual pumping rate will be less than
10 g.p.m. with estimated peak -day rates less that 50 g.p.m.
Paragraph 49 of the augmentation plan limits instantaneous diversions to 100 g.p.m.
Both that provision (limitations to 100 g.p.m.) and the average annual diversion of 15.5 acre-feet
per year will be incorporated into any decree entered in this case.
If I can be of further assistance, feel free to contact me.
Very truly yours,
LEAVENWORl1 & LOCHHEAD, P.C.
J.FT-11n
Enclosure
Leavenworth
...eeREOOURCL
,.....
■■■.■ E N G I N E E R I N G I N C: .
Mr. Lee Leavenworth
Leavenworth and Lochhead, P.C.
PO Drawer 2030
Glenwood Springs, Colorado 81602
RE: Wooden Deer Subdivision - Water Demands
Dear Lee:
December 20, 1991
It has come to our attention that there is concern by some neighbors regarding the six 50 gpm
wells included in the recent CLDC water right application and plan for augmentation for
Wooden Deer Subdivision. Six 50 gpm wells are certainly not needed to meet the water
demand for the 22 lot subdivision and were included only to provide flexibility in the final
location of the well or wells needed to provide an adequate water supply.
Paragraph 49 of the augmentation plan limits the combined instantaneous diversions at the
wells to 100 gpm (two 50 gpm wells). In addition the annual diversions are limited to 15.5
acre feet for all wells. A average annual diversion rate of 9.6 gpm will deliver 15.5 AF.
The average winter time diversion rate to provide water to the fully built out and occupied
Wooden Deer Subdivision should be about 8 gpm. The average summertime diversions should
be about 12.5 gpm. The peak day diversion is expected to be Tess than 50 gpm.
It is my understanding that CLDC will operate initially on Wooden Deer Well No. 1 which was
drilled under a test hole authorization in November, 1991. One 50 gpm well is adequate to
meet even the anticipated peak day demand, however, it is our recommendation to CLDC that
ultimately two wells be completed to provide a back up water supply.
Instantaneous diversion at the wells could reach 100 gpm but this would occur only for short
periods to refill the water storage tank. A pumping cycle of Tess than a few hours is
expected. Again, let me repeat that the average annual pumping rate covered by the
augmentation plan is Tess then 10 gpm and estimated peak day rates are less than 50 gpm.
Sincerely,
RESOURCE ENGINEERING, INC.
aul S. Bu sone, P.E.
Water Resource Engineer
PSB/mmm
267-2.0 Mwdswd.267
CC: Mr. Scott Writer
Consulting Engineers and Hydrologists
802 Grand Avenue, Suite 302 ■ Glenwood Springs, CO 81601 ■ [303] 945-G / / / ■ Fax 945-1137
...2ERESbURCE�
■...■ E N G I N E E R I N G I N C.
Mr. Scott Writer
CLDC President
PO Box 9705
Aspen, Colorado 81612
RE: Wooden Deer Well
Dear Scott:
December 17, 1991
A copy of the results of the water quality test for Wooden Deer Well No. 1 are
enclosed. You will note that the water sample meets the requirements set by the
Colorado Department of Health for drinking water for all parameters tested.
You may want to send a copy of the lab report to your civil engineers for their
information.
Sincerely,
RESOURCE ENGINEERING, INC.
Paul S. Bussone, P.E.
Water Resource Engineer
PSB/mmm
267-2.0 swlabres.267
Enclosure
Consulting Engineers and Hydrologists
802 Grand Avenue, Suite 302 ■ Glenwood Springs, CO B1601 • [303] 945-6777 ■ Fax 945-1137
Received from:
Customer No.
JOHN C EPHART & CO.
GRANO JU\[TLM LA RA ORIS
435 NORTH AVENUE PHONE 242 7618 •
ANALYTICAL REPORT
GRAND JUNCTION, COLORADO 81501
Resource Engi neeri rib Inc. , Scot t Fi fer
Glenwood Springs, CO
U odes l r WQQQ
0678 F. water
Laboratory No Sample ti
11115/91
Date Received Date Reported
12/12191
e
Lab No: A__ 0628' • 06274'
Well Water L13n1 is suaoested by
11/14/91 Colorado Deot. of
Wooden Deer Heal tri for human
Wel1 2PM consumot ion
Arsenic (As) 0.000: mg/1 0.05 ma/1
Barium (Ba) 0.05 mg/1 1.0 mo/1
Cadmium (Cd). " 0.0000 mg /1 0.01 mo /1
Chroms'trtli(Cr) �0-:-6).P0• mg/1 0.05 mg/1
Fluor 1 de (FI 0.57 ma/1 4 mg/1
Lead(Pb) 0.000 ma/1 0.05 ma/1
Mercury (Hg1 0.00000 mg/1 0.002 ma/ 1
Nitrate (Al) 1.26 ma/1 10.0 mai l
�
0t2
Selenium (Se) .:. - 61.00;2: mak' -. 'J. f -ma ' J --._ -.
8i1 ver (AgI 0.0008 ma/ 1 0.05 mg/1
Turbi di t y (NTU) 0.18 1.0
Lab Di r: Sri an S. Bauer
•
CARBONDAL E I._AND DEVELOPMENT
CORPORATION
C/O SCOTT WRITER
Post Office Box 9705
Aspen, Colorado
81612
(303) 920-4477
January 4, 1991
Garfield County Planning and Zoning Commission
109 8th Avenue
Glenwood Springs, Colorado
The purpose of this letter is to update you on the status of the
property lines shared between the Martins and Carbondale Land
Development Corporation (CLDC). CLDC and the Martins have reached
an agreement that will allow an agreed upon set of property lines
to survive regardless of any pending IBLA decison. This is the
southern most line on the shared north south boundary line . An
approximation of these lines, not necessarily to scale, is shown
on the attached map. In exchange for this property a fire
easement will be granted to CLDC. This agreement has not been
legally formalized but the parties have every intention of
formalizing this agreement prior to the Preliminary Plat hearing.
Sincerely,
Carbondale Land Development Corporation
S ott " ' ter
President
4rel-e' ?)7
Ronald T. Martin
Marger Martin
. S SIAIQBl7S MggQ NLIQO .
Y
i
3
T
t
s
t
t
January 7, 1992
Andrew McGregor
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Re: Los Adobes Subdivision -- Drainage
HCE File No. 90042.001
Dear Andrew:
•
Pen P. gi_715
JAN 8 1992
2
GARFIELD COUNTY
I understand that you requested additional information on the
proposed drainage improvements for this subdivision. We have shown
proposed sedimentation basins and their relation to the existing
culverts. Note that these sedimentation basins are mainly intended
for control of erosion from areas disturbed by construction, and
not intended for mitigation of a significant storm event. However,
the basin proposed for the west side of the project, if left in
place after construction is completed, and if properly maintained,
is probably large enough to provide a reasonable amount of
mitigation for even a fairly large storm event. The other "basin"
is temporary for control of construction -related sedimentation, and
will be constructed only of straw bales. However, it may be large
enough to provide some mitigation for the 8 -acre basin, but will
not have any effect on the 22 -acre basin.
Another proposed item of improvement is to remove the fill that was
placed near the highway for the construction of the original
driveway. The removal of that material will provide another path
for flow from the two large basins on the west side of the project.
If that fill is removed, flow can continue westerly along the north
side of the highway and this will provide an additional safety
factor in case the capacity of the existing culvert under the
highway is exceeded, or if it should become plugged with debris.
The proposed culvert across the main access road is located at the
point where the dividing line between drainage basins was naturally
located. This is so that the natural drainage pattern will not be
altered by the new access road. In fact, you will note that the
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555
• •
Andrew McGregor
January 7, 1992
Page two
only natural basin really affected by the new road is the 4 -acre
one, and it actually ends up draining to the same location as
historically, but not by exactly the same paths as historically.
If you have any further questions, please let us know.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Tim thy P. Beck, P.E.
Pri cipal Engineer
TPB:cso/90042.001
•
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
January 20, 1992
Ron Liston
Land Design Partnership
P.O. Box 517
Glenwood Springs, CO 81602
RE: Los Adobes Preliminary Plan
Dear Ron:
Subsequent to the Planning Commission hearing on the Los Adobes Preliminary Plan, Don
DeFord and I had the opportunity to discuss some issues that we felt remained unresolved.
These are issues that we feel should be brought to the Board of County Commissioners'
attention and considered in their review.
1) The issue of the acceleration/deceleration lanes on Highway 82 has not been
satisfactorily put to rest. While the County has relinquished its issuing authority
on access permits, this does not constitute the Highway Department's
prohibition on constructing the required improvements. A site-specific response
addressing this issue from the DOT would be ideal. If the District Engineer
states that acceleration/ deceleration lanes should not be allowed at this site, then
the state's authority should effectively pre-empt County subdivision authority.
2) Some confusion remains as to whether the proposed cul-de-sac is intended to be
a private easement or a public road. This should be clarified during the
preliminary plan phase and stated specifically in the dedication statement on the
Final Plat.
3) There appears to be some inconsistency regarding the proposed ownership of
water rights and infrastructure. In Gerry I-lartert's letter, he indicates that all
common elements, except the water system, will be under the ownership of the
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COL('RADC 81601
1
Ron Liston
Page 2
January 20, 1992
Homeowner's Association. Wells will be owned and maintained by the owners
of the lots served by each of the wells. This seems to be in contradiction to
representations made elsewhere in the application and in public meetings. In
addition, the Basalt water contract specifically requires that a Homeowner's
Association be established to assume responsibility for maintenance of the
contract. The ownership of the wells, associated infrastructure easements etc.
need to be consistent with the ownership of the water rights. If it is indeed your
intention to transfer all elements of water system to individual lot owners, then
some documentation from Basalt Water Conservancy District should be
provided stating that they will allow the contracts to be let to individual and
pairs of lot buyers.
The other water issue that remains unresolved is whether the water system(s) are
considered to be a "central supply and distribution system" as referenced in
Section 4:91 and 9:53. These sections stipulate that the systems be designed and
installation certified by an engineer and be approved by the Colorado
Department of Health. It is our contention that since three (3) out of four (4)
wells will serve multiple residences, then they would be considered a antral
water system.
As a point ofclarification, the wells and associated infrastructure would nt ed to
be constructed, or be addressed in the Subdivision Improvements Agreement, at
the time of final plat approval.
4) A couple of issues regarding fire protection need clarification. Section 9.34 B.
states that the Board "may approve longer [than 600 feet] cul-de-sacs for
topographical reasons and it can be proved that fire protection and emergency
egress and access is provided as part of the longer design." Note the reference
to emergency egress and access. The issue of secondary access is reiterated in
Section 9:71.
•
Ron Liston
Page 3
January 20, 1992
If you have any questions regarding these issues, call Don DeFord or myself to discuss them.
Sincerely,
Andrew C. McGregor
Planner
ACM/rlb
xc: Don DeFord
Peter Greene
Dick Stephenson
JAN 06 ' 10:22 GMCO a ROARING FORK. AGumLGATES
S" 23 ?, f '
-**"'" JAN -0A-'92 PIR: 11 T D : I,TT D I CTR
JAN 6 492r,n:
74R-774 091 P02
GARFIELD COUNTY
GARFIELD COUNTY Board of County Commissioners
P.O. Box 640 Glenwood Springs, Colorado 81601 Telephone (303) 945-9158
August 10, 1981
Mr. Jack Kinstlinger
Executive Director
State Department of Highways
4201 East Arkansas Avenue
Denver, CO 80222
FLAVEN J. CERISE JIM DRINKHOUSE LARRY VELASOL►6Z
X.) • 7' /
Dear Mx, Kinstlinger:
We the Board of County Commissioners of Garfield County,
Colorado wish to de1ega,te...t:he__administration of highway
access permits witFin this countyto . t}•�_g_,-..zat._
Deparlment
of Highways. This is in response to your letter of
June 18, 1981. This written response allows that access
pezmits can be issued in this county after September 1,
1981..
Sincerely,
BOARD OF COUNT" COMMISSIONERS
GAR'IELD COUNTY
1 ,
Larry Ve1a`quez
Chairman
A 1 ♦ _ t. r /
F1 avers J, ter.
CominiSsioner / I
'•E ene "Jim" Drinkhausa
Commissioner
cc: County Ratio Superva-soi
•
/
c
•
land design
partnership
January 2, 1992
Andrew McGregor
Planner
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, CO 81601
Re: Los Adobes Subdivision, Supplemental Information
Dear Andrew:
Attached are various documents provided in satisfaction of the preliminary
plan submittal requirements. The attachments are summariazed as follows:
Topographic Site Plan: Shows revised lot lines reflecting the deletion
of what was originally lot #2 and other lot line adjustments which
improve the buildable area of the lot or increase the size of the
common open space tract. The building envelopes are shown in a manner
that can be easily included on the final plat and surveyed on-site.
In some instances the building envelopes have been increased in size.
Drainage Report: Prepared by Haigh Country Engineering, this clearly
documents the very minimal impact this project has on the existing
surface runoff conditions.
Geologist's Letter: Nick Lampiris confirms the geologic saftey of the
proposed. building envelopes.
Basalt Water Conservancy District Contracts: These signed contracts
verify the availability to provide legal augmentation water for the
expanded use of the issued well permits. The contracts and well
permits have been submitted to the State Engineer's office to expand
the usage of the wells to accommodate the additional three lots.
Letter From Jerry Hartert: Jerry's letter explains the ownership and
maintenance mechanisims for the common use elements (road, wells, open
space). The articles of incorporation and by-laws for the home
owner's association which will administer these responsibilities will
be prepared for recording with the fina]. plat.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246
page 2
Andrew McGregor
Letter from Ron Leach, Fire Chief, Carbondale Fire District: Ron's letter
approves the road design and recommends either storage on site for fire
protection or the requirement that each home have a fire sprinkler system
installed. •
The applicant proposes to require fire sprinkler systems in
each of the new homes and also to install a 10,000 gallon
water storage tank with a fire hydrant from which the Fire
District's trucks can pump. The tank will be buried in the
driveway easement immediately west of the existing well and
just north of the cul-de-sac.
The Department of Transportation has been contacted about the accel/decel
lanes but Chuck Dunn who would be responsible to issue a letter has been on
vacation throughout the holidays. We anticipate getting a letter from Chuck'
prior to the January 8th meeting stating that the lanes should not be built.
With the receipt of a letter from Chuck Dunn, I believe we will have provided
all necessary information for the P & Z to act on the preliminary plan. Thank
you for your assistance.
Ronald R. Liston
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0185 INGERSOLL LANE
SILT, COLORADO 81652
(303) 963-3600 (24 HOURS)
January 2, 1992
Mr. Ron Liston
The Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO 81601
RE: Los Adobes Subdivision
Dear Ron:
I have re -visited the proposed subdivision to see how the most
recent changes affect the geology of the site. The only place
where the changes make a difference geologically is within Lots 1
and 3.
In Lot 1, the proposed building site has been extended to the north
into an area which, at the site specific level, will need to have
some land form modification and drainage design. It is my
understanding that the drainage coming in from the northwest will
be improved so that it flows more easily into the north -south
drainage along the eastern boundary of Lots 1 and 3.
In Lot 3, the best building site within the envelope encompasses
most of the two switch backs in the northern half of the lot.
Sinc rely,
Nicholas Lampiris
Consulting Geologist
NL:rm
CARBONDALE FIRE PROTECTION DISTRICT
300 Meadowood Drive
Carbondale, Colorado 81623
(303) 963-2491
December 12, 1991
Mark Bean
GARFIEI..D CO. PLANNER
109 8th St.
Glenwood Springs. Colorado 81623
Dear Mark,
I have reviewed the preliminary plat plan for the proposed Los
Adobes sub -division and would liketo offer the following comments
to you regarding fire protection for the sub -division.
The Carbondale & Rural Fire Protection District. will provide fire
and ambulance serviceto the sub -division. Servicewill be provided
from the Carbondale fire station, approximately 3 miles from the
sub -division.
Access to the sub -division is adequate for the Carbondale fire
trucks and ambulances. Theover all length of thesub--division) road
is over 600 feet. but due to the proposed turn around and. road
width, this should not present a problem for emergency vehicles.
Water supply for fire protection should. be stored on the property
in the amount of 60.000 gallons made available to the fire
department at a central fill site.Specifica.tions on the fill site
are available upon request. The water can be stored in an
underground cistern or an above ground tank.
In lieu. of an on site water supply, residential sprinkler systema
could be utilized. The systems should be installed. in accordance
with National Fire Protection Codes No. 13R.
Additionally. due to the vegetation in the sub -division.
I would. recommend. that the proposal be sent to the Colorado Stat:
Forest. Service office in Grand ,function for a wildfire hazard
review.
If you have any questions feel free to contact me at. 963-2491.
Sincerely.
Ron Leach
Carbondale & Rural Fire Protection District
Chief
January 2, 1992
Garfield County
109 8`° Street
Glenwood Springs, CO 81601
Attn: Andrew McGregor
Re: Los Adobes Subdivision
HCE File No. 90042.003
Dear Andrew:
This letter is meant to be a supplement to the Drainage Study and
follow-up letter for this project with dates of 9/3/91 and 9/30/91
respectively.
Enclosed with this letter is an enlarged portion of the U.S.G.S.
quadrangle for this area showing Section 27. The proposed
subdivision is located nearly in the center of said Section 27.
The drainage basins affecting the project have been outlined in
heavy dashed lines, and the boundary and lot lines are shown in
lighter solid lines. Basin B is the same as Basin A in the
original report, and Basins C & D correspond to Basin B in the
original report.
Please notice a couple of items that the enclosed map shows.
First, with the addition of the road culvert proposed near the base
of Basin D, the outfalls for all the basins will be essentially
identical to the historic situation. That is, Basins C & D will
drain to the southeast corner of the property, while Basins A, B &
E will drain to the southwest corner of the property. The main
difference will be the influence of the proposed residences. If
one assumes a 6,000 square foot house with approximately 2,000
square feet of garage/outbuildings, etc., each home site would add
approximately 4 acre of impervious area to the watershed. The
other areas adjacent to the house should be lawn or landscaped or
revegetated, and would thus have less runoff than natural
conditions. So the westerly drainages will have approximately 31/2
homesites associated with them, which would amount to less than 1%
of the total drainage area being impervious. The easterly
drainages might have approximately 3% new impervious area.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • FAX: 303-945-2555
Andrew McGregor
January 2, 1992
Page two
Actually, however, the increase in flow would not likely be even
the 1% to 3% since the landscaped areas added would have less
runoff than existing conditions, and thus would tend to cancel out
the added impervious areas. Therefore, one can see that the change
from the existing conditions should be quite minor.
If you have any further questions, please call.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
Timothy P. Beck, P.E.
Principal Engineer
TPB:cso
1/
•
/I
r
TELEPHONE 303-945-8571
GERALD D. HARTERT
.Tftotncy at Zack,
811 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81601
January 2, 1992
Planning Commission of Garfield County
Garfield County Courthouse
109 8th Street
Glenwood Springs, CO 81601
Ladies and Gentlemen:
FAX NUMBER 303945-4981
I represent Los Adobes Joint Venture in connection with the
Los Adobes Subdivision application presently pending before the
Garfield County Planning Commission. I have been requested to
provide the commission with a description of the means by which
the roads, water system, common areas and other common facilities
of the proposed development will be owned, maintained and
administered.
The applicant intends to organize a non-profit corporation
to be known as Los Adobes Homeowners' Association, the membership
of which will be comprised of all owners of title to lots within
the development. Upon completion of all requirements of a
subdivision improvements agreement to be entered into between
Garfield County and Los Adobes Joint Venture, with respect to
installation of the developer's improvements, the applicant will
transfer and convey all roads, common areas and any other common
facilities, excepting the water systems serving the various lots,
to the homeowners' association.
Coincidentally with the approval and filing of a final plat
for the development, protective covenants, conditions and
restrictions will be submitted for the planning commission's and
county commissioner's approval, which covenants, conditions and
restrictions shall, provide for the assessment by the homeowner's
association of each lot in the development for purposes of
defraying the expenses of operation, maintenance, repair and
administration of all of the aforementioned common facilities.
The covenants, conditions and restrictions will further impose
upon the homeowners association the obligation to own, operate,
maintain and repair all such common,facilities.
The only deviation from the scheme outlined above, will be
with respect to the four wells (Los Adobes Joint Venture Wells 1,
2, 3 and 4) serving the various lots, and in connection with
these wells, each will be owned, operated and maintained jointly
by the owners of the lots served by each of the wells,
respectively. The basis for the obligations and the means of
enforcement thereof, with respect to operation, maintenance and
repair of the wells as between the lot owners, will also be
provided in the aforementioned, covenants conditions and
restrictions.
The applicant therefore requests that the planning
commission recommend approval of the proposed development
conditioned upon and subject to submittal of the proposed
covenants, conditions and restrictions prior to final plat
approval.
The homeowner's association will be incorporated following
preliminary plat approval and prior to final plat submittal.
Please let me know if I can provide any additional
information with regard to the foregoing.
Yours Very Truly,
/
Gerald D. Hartert
GDH/sr
�.t e_7
ui :b5 11,103J 1 LII IINILI
131.PAIuMFN1 OF HIGHWAYS
222 South Sixth Street, P.O. Box 2107
Grand function, Colorado 111502-2107
1103) 240-7100
,ax (303) 24(13254
ILL
STAftQJ
ettl a.
January 30, 1992
Ron Liston
FAX 945-4066
Dear Mr. Liston:
The access permit No. 391091issuedto Los Adobositioeson represents the
Depax•tment of `Transportation s of f tcia1 p
hi
development.
cc: file
R. P. MOSTON
DISTRICT ENGINEER
G, I. Dunn, r
District R Engineer
t
31d
•
Recorded at
Reception No
sis/
o'cls k
5.ti`ft
•
AUG 3 1990
BIIDK 755 pa 36.-1
TIIIS DEED, Made this
WARRANTY DEED
dayof August
'990 ,between JOHN PETER GREENE and MARY ANN GREENE
of the
Colorado, grantor. and
• County of Pitkin
LOS ADOBES JOINT VENTURE
and Stale of
whose legal address is 14156 Highway 82, Carbondale, CO 81623
AdiA9--L)90
State Doc. Fee
$ /4k2—C>
of the County of Garfield and State of Colorado, grantee:
WITNESSETH. That the grantor for and in consideration of the sum of
Ten Dollars and other valuable consideration MM.
the receipt and sufficiency of which is hereby acknowledged. has granted. bargained. sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, his heirs and assigns forever. all the real property together with improvements. if any. situate, lying and being in the
County of Garfield and State of Colorado described as follows:
TRACTS 1, 2 and .3, Sunnyside Subdivision Exemption, together with an undivided
3/4ths interest in TRACT 5 according to the exemption plat recorded as Rec. No.
300930, together with an easement 30 feet in width and 150 feet in length for a
roadway to serve subject property, the Easterly line being coincident with the
Easterly line of a tract of land conveyed by deed recorded August 19, 1969 in
Book 404 at Page 127 as Reception No. 244144.
as known by street and number as: (vacant land)
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining. and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand whatsoever of the
grantor. either in law or equity. of. in and to the above bargained premises, with the hereditaments and appurtenances.
TO IIAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee. his heirs and assigns
forever. And the grantor, for hinvsel f. his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee. his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed. has good. sure. perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain. sell and convey the same
in manner and forst as aforesaid. and that the same are free and clear from all former and other grants. bargains, sales. liens. taxes. assessments.
encumbrances and restrictions of whatever kind or nature soever. except taxes for the year 1990, due and payable
in 1991.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and cable possession of the grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any.. hereof T e n ul number shall include the plural,
the plural the singular. and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF. the grantor has executed this deed on the date set fo
STATE OF COLORADO
County of
Garfield
GREEj>}E?
Y ANN GE
The foregoing instrument was acknowledged before me in the County of Garfield
Colorado. this 341t day of August .19 90 .by JOHN PETER GREENE and
MARY ANN GREENE.
My commission expires
1 t as
.8 Colorado Avenue
GLENINOOD SPRINGS, CO 81601
.My Conlrniasion Expires May 3. 1994
•If fn.Dcnver. inscrl',City and ".
•S
. 19 . Witness my hand and official seal.
, State of
hoary n.h1.<
No. 932A. Rev. 744. WARRANTY DEED I Ter I'hntoaraphlc Rrswrdl Bradford Publishing, 11121 W. huh Avc.. Lakewood. C0 110 2 11-11011 211.6900
ORDER NO.: 910185 78
SCHEDULEA
POLICY NO.: 0-9941-585212
DATE OF POLICY: April 09, 1991 at 3:06 P.M.
AMOUNT OF INSURANCE: $ 100, 000.00
1. NAME OF INSURED:
ROBERT N. RIVERS
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
ROBERT N. RIVERS
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
TRACT 2
AND an undivided one-fourth interest in TRACT 5
SUNNYSIDE SUBDIVISION EXEMPTION
ACCORDING to the Exemption Plat, recorded as Reception No.
300930.
COUNTY OF GARFIELD
STATE OF COLORADO
7
AUTHORIZED
COUNTERSIGNATURE
99C1
ti'1' EWA IZ'1' TITLE
GUARANTY COMPANY
SCHEDULE•
B
POLICY NO.: 0-9941-585212
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN
BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN
BY THE PUBLIC RECORDS.
5. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6. Taxes for the year 1991, a lien not yet due and payable.
7. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area.
8. Right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted, as reserved in United
States Patent recorded May 27, 1895 in Book 12 at Page 366 as
Reception No. 18425.
9. Right of way for ditches or canals constructed by the
authority of the United States, as reserved in United States
Patent recorded May 27, 1895, in Book 12 at Page 366 as
Reception No. 18425.
10. Right to construct such interception ditches as may be
necessary for adequate drainage and protection of State Highway
82, as granted to the Board of County Commissioners of Garfield
County, by Deed recorded April 14, 1928 in Book 133 at Page 626
as Reception No. 101223.
11. An easement retained by Louis Meade Harker, Velda F.
Harker, Warren C. VanPool, and Florence R. VanPool, in Deed
recorded August 16, 1965 in Book 369 at Page 13 as Reception No.
Continued on next page
STE V AR'1' TITLE
GUARANTY COMPANY
99C 1
10.
•
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9941-585212
CONTINUATION OF SCHEDULE B
231236, described as follows:
An easement and right of way for the road as now constructed
and in use extending from the Northerly side of tract described
in Book 351 at Page 548 as Reception No. 222233, and turning
thence Easterly and extending into tract described in Book 334
at Page 169 as Reception No. 213713, and being confined to an
area not exceeding forty feet North and South and one hundred
feet East and West abutting on subject property.
NOTE: Tract described in Book 351 at Page 548 is the 200'
x 150' Tract, at the Southeast corner of Sunnyside
Subdivision. Tract, described in Book 334 at Page
169 is the property East of subject property.)
12. Right to enter subject property and construct, operate and
maintain an electric transmission or distribution line, and to
place one guy stub with guy and anchor, as granted to Holy Cross
Electric Association, Inc., by instrument, recorded June 21,
1973 in Book 444 at page 163 as Reception No. 258842.
13. Covenants, conditions, restrictions and setbacks as set
forth in Declaration recorded March 14, 1980 in Book 545 at Page
193 as Reception No. 302326.
14. Utility easements ten feet in width on each side of the
boundary line along the perimeter of each lot except where the
perimeter abuts on a dedicated or private road, as disclosed by
Declaration noted in above exception.
15. Road easement thirty feet in width as shown across Tracts 2
and 5 on the recorded Plat.
16. Terms, conditions and effects of the Trench Agreement
between Los Adobes Joint Venture and Holy Cross Electric
Association, recorded May 5, 1990 in Book 792 at Page 605 as
Reception No. 418535.
Deed of Trust from Robert N. Rivers to the Public Trustee of
Garfield County, for the use of Los Adobes Joint Venture to
secure $50,000.00, dated April 8, 1991, recorded April 9, 1991
in Book 801 at Page 833 as Reception No. 422525.
S E'\VA R'1` 'I` I'1' I. I
Q U A H A N T Y COMPANY
99C 1
• •
ALTA OWNER'S POLICY
RLH/km
SCHEDULE A
Order No.: 171O8_GC_2
Date of PolicyDec?mber 18, 1989 At 2:42 P.M.
Policy No.: 0-9941-321921
Amount of Insurance: $ 31, 500.00
1. Name of Insured:
JOHN PtrER GREFNE AND MARY ANN GREENE AS JOINT TENANTS
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
JOHN PETER GREENE AND MARY ANN GREENE AS JOINT TENANTS
4. The land referred to in this policy is described asllows:
CODE 0012 (Rev. 8(87)
TRACT 1
AND an undivided one-fourth interes in TRACT 5
SUNNYSIDE SUBDIVISION '''4 MPTION
ACCORDING to the Exemp Plat, reco ed as Reception No.
300930.
COUNTY
OF G IELD
STATE
OF CO O1 ADO
�j�JJ
AUTHORIZED COUNTERSIGNATURE
Page 2
STEWAI2T TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY
ORDER NO.: 171.. -GC - 2
SCHEDULE B
•
Policy No.: 0-9'141-721)21
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Any and all ►..tnpaid taxes and assessments and any unredeemed
tax sales.
1613 (Rev 6871
6. The effect of inclusions in any general or ecific Nater
conservancy, fire protection, s '1 conserves on or other
district or inclusion in any w t service o street
improvement area.
•
Right f\ the propr e�
his or therefrom. sh
inters ct the premi e
States atent. rPcor
Recept.i n No. 18425.`
or of a ve or lode to eLtract and remove
uld the sa e be found to penetrate or
hereby gra ted, as reserved in United
May 27, 1895 in Book 12 at Fage 366 as
B. Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded May 27, 1895, in Book 12 at Fage 366 as Reception No.
18425.
9. Right to construct such interception ditches as may be necessary
for adequate drainage and protection 'Df State Highway 82, as
granted to the Board of County Commissioners of Garfield County,
by Deed recorded April 14. 1928 in Book 133 at Fage 626 .s Re-
ception No. 101223.
10. An easement retained by Luis Meade Harker, Velda F. Harker,
Warren C. VanFool, and Florence R. VanFool. in Deed recorded
August 16, 1965 in Book 369 at Page 13 as Reception No. 231236,
described as follows:
An easement and right of way for the road as now constructed
and in use extending from the Northerly side of tract described
in Book 351 at Fage 548 as Reception No. 222233, and turning
thence Easterly and extending into tractdescribed in Book 334
at Fage 169 as Reception No. 213713, and being confined to an
area not exceeding forty feet North and South and one hundred
feet East and West abutting on subject property.
(NOTE: Tract described in Book 351 at Fage 54R is the 200'
c 150' Tract, at the Southeast corner of Sunnyside
Subdivision. Tract, described in Book 334 at. Page
See Continuation Page
STEWAIRT TITLE
Page 3
rLEASE MAIL TO HOUSTON POLICY ACCOUNTING
GUARANTY COMPANY
ORDER N0.:17108 -G 2
•
Attached to and made a part of Stewart Title Guaranty Company Policy No.
•Continuation of Schedule B
0-9941-121921
169 i5 the property Fast of subject: property.)
11. Right to enter subject property and construct, operate and
maintain an electric transmission or distribution line, and to
place one guy stub with guy and anchor, as granted to Holy
Cross Electric Association, Inc., by instrument, recorded June
21, 1973 in Book 444 at page 1O3 as Reception No. 258842.
12. Covenants, conditions, restrictions and setbacks as set forth
in Declaration recorded March 14, 1930 in Rook 545 at Page 1.91
as Reception No. 302326.
13. Utility easements ten feet in width on each side of the boundary
line along the perimeter of each lot except where the perimeter
abuts on a dedicated or private road, as disclosed by Declaration
noted in above exception.
14. Road easement thirty feet in width as shown on the recorded Plat.
Page 3—A
203 A
(50M 3-88)
0
r r° tr;!MIT°t';Tq.ISTf.J ITC*A` YA'-'ol 9''
STEWART TITLE
GUARANTY COMPANY
DE 0012 (Rev. 6/87)
ALTA OWNER'S POLICY
RLH/km
SCHEDULE A
Order No.: 15796-G
Policy No.: 0-9941-321923
Date of PolicyDecember 18, 1989 At 2:42 P.M. Amount of Insurance: $ 31,500.00
1. Name of Insured:
JOHN Pt;r'LR GREENE AND MARY ANN GREENE AS JOINT TENANTS
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
JOHN PETER GREENE AND MARY ANN GREENE AS JOINT TENANTS
4. The land referred to in this policy is described asIlows:
TRACT 3
AND an undivided one-fourth inter in TRACT 5
SUNNYSIDE SUBDIVISION EXEMPTION
ACCORDING to the Exemption Plat, rec•rded as Reception No.
300930.
COUNTY OF GARFIELD
STATE OF CORAD0
AUTHORIZED COUNTERSIGNATURE
Page 2
PLEASE MAIL TO HO(icTnn1nni low nnr+r,
STEWART TITLI;
CUARANTY COMPANY
140 .,
SCHEDULE B
Policy No.: 0-9941--321923
This policy does not insure against Toss or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
1613(Rev 6 87)
5. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
6. The effect of inclusions iri any general or
conservancy, fire protection, s- conservat
district or inclusion in any wa , service o
improvement area.
_cif is water
n or other
street
7. Right f\ the propri° t
his or therefrom,
interse t the premi
States atent record
Recepti o. 18425.
r of a vei or lode to extract and remove
uld the sam- be found to penetrate or
hereby granted, as reserved in United
May 27, 1895 in Book 12 at Page 366 as
8. Right of way for ditches or canals constructed by the authority
of the United States, as reserved in United States Patent
recorded May 27, 1895, in Book 12 at Fage 366 as Reception No.
18425.
9. Right to construct such interception ditches as may be necessary
for adequate drainage and protection of State Highway 82, as
granted to the Board of County Commissioners of Garfield County,
by Deed recorded April 14, 1928 in Book 133 at Fage 626 as Re-
ception No. 101223.
10. An easement retained by Louis Meade Harker, Velda F. Harker,
Warren C. VanPool, and Florence R. VanPool, in Deed recorded
August 16, 1965 in Book 369 at Page 13 as Reception No. 231236,
described as follows:
An easement and right of way for the road as now constructed
and in use extending from the Northerly side of tract described
in Book 351 at Fage 548 as Reception No. 222233, and turning
thence Easterly and extending into tract described in Book 334
at Fage 169 as Reception No. 213713, and being confined to an
area not exceeding forty feet North and South and one hundred
feet East and West abutting on subject property.
(NOTE: Tract described in Book 351 at Fage 548 is the 200'
x 150' Tract, at the Southeast corner of Sunnyside
Subdivision. Tract, described in Book 334 at Fage
See Continuation Page
Page 3
qnn!! Tr) H? JSTOI9
STEWART TITLE
POLICY ,A,CCMJNTING
G U A R A N T Y COMPANY
OR dBWarocll.16iVa-Gart of Stewart Title Guaranty Company Policy No.
Continuation of Schedule 0-9941-321923
B
169 is the property .East of subject property.)
11. Right to enter subject property and construct, operate and
maintain an electric transmission or distribution line, and to
place one guy stub with guy and anchor, as granted to Holy
Cross Electric Association, Inc., by instrument, recorded June
21, 1973 in Book 444 at page 163 as Recept.•n No. 258842.
12. Covenants, conditions, restrict' ns and setb..;t`s as set forth
in Declaration recorded March ' 1980 in Boo �, 545 at Page 193
as Reception No. 302326.
13. Utility easements feet in wion each side of the boundary
line along the peri - er of each of except where the perimeter
abuts n a dedicate •, private ro.d, as disclosed by Declaration
noted i above excep
14. Road easement thirty -t in width as shown on the recorded Plat.
NOTE: Sa deed should include the following:
Easement 30 feet in width and 150 feet in length for a roadway
to serve subject property, the easterly line being coincident with
the easterly line of tract of land conveyed by deed recorded
August 19, 1969 in Book 404 at page 127 as Reception No. 244144.
15. Deed of Trust from John Peter Greene and Mary Ann Green to the
Public Trustee of Garfield County for the use of Central Bank
Aspen, N.A. to secure $160,000.00 dated December 14, 1989,
recorded December 18, 1989 in Book 768 at page 208 as
Reception No. 408380.
3-A
Page
PlI.R.ATEMAIL TOHO!JSTDN-f'CL!CYACCQUMTfNG
fi'1'E\VAR'1' 'I'I1rI.I
GUARANTY COMPANY
ORDER NO.: 89017171
SCHEDULE A
POLICY NO.: 0-9941-321922
DATE OF POLICY: December 18, 1.989 at 2:42 V.M.
AMOUNT OF INSURANCE: $ 30,550.00
1. NAME OF INSURED:
JOHN PETER GREENE AND MARY ANNE GREENE AS JQINT TENANTS
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS CO FRED BY THIS
POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN TTI$ LAND IS VESTED IN:
JOHN PETER GREENE AND M '.ANNE GREENE AS JOINT TENANTS
4. THE LAND REFERRED TO IN THI
TRACT 4
AND an undivided ne-fourth interest in. TRACT 5
SUNNYSIDE SUBDIVIS EXEMPTION
ACCORDING to the Exe ption Plat, recorded as Reception No.
300930.
LICY IS DESCRIBED AS FOLLOWS:
COUNTY OF GARFIELD
STATE OF COLORADO
(LX._ . _ . ._ __.
AUTHORIZED
COUNTERSIGNATURE
99C (500M 10-89)
STEWART TITLE
GUARANTY COMPANY
PLEASE MAIL TO HOUSTON - POLICY ACCOI.!NT!N
SCHEDULEOU
B
POLICY NO.: 0-9941-321922
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES TN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, ORTAGE IN AREA,
ENCROACHMENTS, ANI) ANY FACTS WHICH A CORRECT SURV AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH RE NOT SHOWN
BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR ICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPO' BY LAW AND NOT SHOWN
BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIM
PATENTS OR AN ACT AUTHORIZIN
CLAIMS OR TITLE TO WATER.
ESERVATIONS OR EXCEPTIONS IN
E ISSUANCE THEREOF; WATER RIGHTS
6. Taxes for the y...r 1989, a li not yet due and payable.
7. The effect of ii .fusions in any general or specific water
conservancy, fire pro ection, soil conservation or other
district or inclusion 1 :ny water service or street improvement
area.
8. Right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted, as reserved in United
States Patent recorded May 27, 1895 in Book 12 at Page 366 as
Reception No. 18425.
9. Right of way for ditches or canals constructed by the
authority of the United States, as reserved in United States
Patent recorded'May 27, 1895, in Book 12 at Page 366 as
Reception No. 18425.
10. Right to construct such interception ditches as may be
necessary for adequate drainage and protection of State Highway
82, as granted to the Board of County Commissioners of Garfield
County, by Deed recorded April 14, 1928 in Book 133 at Page 626
as Reception No. 101223.
11. An easement retained by Louis Meade Harker, Velda F. Harker,
Continued on next page
STEWART TITLE
GUARANTY COMPANY
PLEASE MAIL TO HOUSTON - POLICY ACCOUNTING
99C (500M 10-89)
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9941-321922
CONTINUATION OF SCHEDULE B
Warren C. VanPool, and Florence R. VanPool, in Deed recorded
August 16, 1965 in Book 369 at Page 13 as Reception No. 231236,
described as follows: An easement and right of way for the road
as now constructed and in use extending from the Northerly side
of tract described in Book 351 at Page 548 as Reception No.
222233, and turning thence Easterly and extending into tract
described in Book 334 at Page 169 as Reception' o. 213713, and
being confined to an area not exceeding forty e t North and
South and one hundred feet East and West abutti on subject
property. (NOTE: Tract described in Book 351 at ';-ge 548 is the
200' x 150' Tract, at the Southeast corner of Sunny ide
Subdivision. Tract, described in Book 334 at Page 1.• is the
property East of subject property.)
12. Right to enter subject property and nstruct, operate and
maintain an electric transmission or dis- ibution line, and to
place one guy stub with guy -nd anchor, as ranted to Holy Cross
Electric Association, Inc., b instrument, recorded June 21,
1973 in Book 444 at page 163 s Reception No. 258842.
13. Covenants, conditions, rest
forth in Dec.larati•• recorded Ma
193 as Reception N'. 302326.
ions and setbacks as set
14, 1980 in Book 545 at Page
14. Utility easement, ten feet in width on each side of the
boundary line along th •-rimeter of each lot except where the
perimeter abuts on a de( ated or private road, as disclosed by
Declaration noted in above exception.
15. Road easement thirty feet in width as shown on the recorded
Plat.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
**
Deed of Trust from John Peter. Greene and Mary Ann Greene to the
Public Trustee of Garfield County for the use of Richard
Stutsman and Dolores Stutsman to secure $15,275.00 dated
December_ 15, 1989, recorded December 15, 1989 in Book 769 at
page 53 as Reception No. 408322.
S 'ENVART TITLE
GUARANTY COMPANY
PLEASE MAIL TO HOUSTON POLICY ACCOUNTINI
99C (500M 10-89)
$ I HNUAHU U/ _HIULU(.i)LAL WA 1 EH I ES I
Colora. .artment of Health
4210 East 11th A • Denver, Colorado 80220
PWS ID
( )9 3-63 2
DATE SAMPLE .21 �((t.{.� NAME OF-/ RAW
TAKEN TIME _i3� / SUPPLY C—� ❑ FINISHED
COUNTY �Q��1SAMPLER muelscr, T PE OF SAMPLE
I(17�C O. CHLORINE
L Q'��[+� RESIDUAL MG/L
Ei PRIVATE O
(ADDRESS WHER AMPLE WAS TAKEN. PLEASE INCLUDE CITY)
❑ COMMUNITY SUPPLY ❑ NON COMMUNITY ❑ ROUTINE
❑ REPEATS PLE FOR MONTH OF
RETURN �U / ) q7
TO /
❑ SPECIAL PURPOSE SAMPLE
ADDRESS
CITY v IC n 'a d�,5rih$TATE G Q ZIP � G G
42
"NOTE IF ALL INFORMATION IS NO SUPPL�1ED THE SAMPLE WILL BE DISCARDED
SEE REVERSE FOR TIME LIMITATIONS. SAMPLING INSTRUCTIONS AND DEFINITIONS
LAB -MICRO 106 (Rev 11/87)
MPN
LTB
// / ✓
BGB
24
HRS
48
HRS
A EE
PRE ., LAB
STAMP HERE
(If Applicable)
SEE BACK OF THIS COPY
FOR EXPLANATION OF
TEST RESULTS
TEST RESULTS ARE:
MEMBRANE FILTER
ADJUSTED
COUNT COLIFORM/100 MI
MOST PROBABLE NUMBER
MPN COLIFORM/100 ML
LABORATORY. ANALYST
❑ DENVER
❑ DURANGO
❑ GRAND JUNCTION
MEMBRANE FILTER
0
0
O
w
z
0
w
v
0
DIRECT
VERIFIED
SAMUELSON PUMP CO.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORADO 81602 945-6309
June 26, 1990
Peter Greene
Box 2600
Aspen, Co. 81612
Atten: Peter
On June 21, 1990 a well test was conducted on a well on the
Greene property near Carbondale. The follaring information was
obtained:
Well Depth
Casin§ size (top)
Standing water level
Total test time
320'-0"
7"(steel)
243'-7"
2 hrs.
Max. drawdown (25 gpm 245'-5"
Production is greater than- 25 gpm
Hardness 30 grains/gal.
Iron 0.9 mg/1
pH 7.7
ROY ROMER
Governor
s
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [303] 866-3589
October 25, 1991
Mr. Andrew McGregor, Planner
Garfield County Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: Los Adobes Preliminary Plan
Sec. 27, T7S, R88W, 6TH PM
Dear Mr. McGregor:
rol�r'' n
J!, OCT 311991
,„
GAhtiLL U i.°6 riY i
We have reviewed the above referenced preliminary plan to subdivide a 23.2 acre parcel into
eight lots and an open space area. No information was provided on projected water requirements
or the proposed water supply. Until this information is submitted for review, we cannot comment
on the adequacy of the water supply. When we receive the information on the water requirement
and supply we will provide further comments. Until that time, we recommend that this proposal
be held in abeyance.
If you have any questions in this matter, please contact John Schurer of this office.
incerely,
txsvas�, 3 �t
Steve Lautenschlager, P.E.
Assistant State Engineer
SPL/JS/losadobes
cc: Orlyn Bell, Division Engineer
ON
ORDER GRANTING APPLICATION FOR ALLOT CONTRACT
LOS ADOBES JOINT.VENTURE
Application having been made by or on behalf of Los Adobes Joint Venture and all
parties interested in the foregoing Water Allotment Contract and hearing on said Application
having been duly held, it is hereby ordered that said Application be granted and that the
foregoing Water Allotment Contract .033 cubic foot of water per second from the District's
direct flow rights and 1.6 acre feet of water per year of storage water owned or controlled by
the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy
District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms,
conditions and manner of payment as therein specified and subject to the following specific
conditions:
1. The Applicant shall establish a Homeo
wners Association or other entity acceptable
to the District for the ongoing payment of charges due under the approved Contract following
subdivision of the property described in the Application tin file with the District and the
Applicant shall give notice to purchasers of all or any part of the subject property of the
obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder
of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all
rules and regulations now existing or hereafter adopted by the District to enforce payment of
charges due under the approved Contract by present and future owners of all or any part of the
real property served under the Contract.
2. The Applicant shall provide the District proof that the proposed land use of the
land to be benefitted by the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land use;` including evidence satisfactory
to the District that each lot or parcel to be benefitted hereunder is legally subdivided.
3. If Applicant intends to divert water through a well; Applicant shall provide the
District a copy of Applicant's valid well permit before the District is obligated to allot water for
the benefit of Applicant hereunder.
4. The Applicant has acknowledged that the land, to be benefitted by the foregoing
and attached Contract is described as follows:
Lots 6 and 7, Los Adobes Subdivision, Garfield County, Colorado
BASALT WATER CONSERVANCY DISTRICT
Bv:
President
Q�-
I hereby certify that the above Order was entered by the Directors of the Basalt Water
Conservancy District on the �f ,k -t day of ��� Q /d ; ,ti(�Q� , 1991.
S?
Los Adobes Joint Venture (hereinafter collectively "Applicant") has applied to the Basalt
Water Conservancy District (hereinafter the "District"), a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-
45-101, et sem., for an allotment Contract for beneficial use of water, rights owned, leased, or
hereafter acquired by the District. By execution of this Contract, Applicant agrees to the
following terms and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per
second from the District's direct flow rights and 1.6 acre feet per year of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: " Water " tightsallotted pursuant to this
Contract shall be from the District's water rights decreetl to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: ' Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned; operated, or served by
Applicant, which lands are described as Lots 6 and 7, Los Adobes Subdivision, Garfield County,
Colorado, provided that the location and purpose of Applicant's use of said water shall be legally
recognized and permitted by the applicable governmental authority having jurisdiction over the
property served. Applicant's contemplated usage for the water allotted hereunder is for the
following use or uses:
X Domestic/Municipal _ Industrial/Commercial Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
•
to use certain waters. It is acknowledged that certain locations within the District may not be
•
susceptible to service solely by the District's water fights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes . To the extent that service cannot
be achieved by use of the District's allotted water rights; or in the event said service is
inadequate, Applicant may, utilize such other water rights; by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the. District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, ; however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District shall have the
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. The
initial annual payment shall be made, in full, within 15 days after the date of a notice from the
District that the initial payment is due. Said notice will advise the Applicant, among other
things, of the water delivery year to which the payment shall apply and the price which is
applicable to that year. Annual payments for each year thereafter shall be made by the
-2-
Applicant on or before each March 1. If an annual payment is not made by the due date, written
notice thereof will be sent by the District to the Applicant at Applicant's address set forth below.
If payment is not made within ten (10) days after said written notice, the District may, at its
option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in
which event the water right allotted hereunder may be transferred, leased or otherwise disposed
of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuanf to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. r The Applicant will hold
harmless the District and any person or entity involved in the delivery of Water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. DENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to. be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements, herein contained.
7. OTHER RULES: Applicant's tights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory; water conservation, and staged curtailment
regulations, if any, applicable within the County in Which the water allotted hereunder is to be
used, together with all amendments of and supplements toany of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such. curtailment; all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE 111'LE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
•
o
shall be bound by any conservation plan hereafter adopted
amended from time to time.
APPLICANT:
STATE OF COLORADO
COUNTY OF 044-2F
District, as the same may be
Joint Venture Partner
14156 State Highway 82
Carbondale, CO 81623
Subscribed and sworn . to before me this `' day of September, 1991, by
10-N4o+e b. (heo4 Joint Venture Partner of Los Adobes Joint Venture:
WITNESS my hand and official s
My commission expires: ' r
My coilmi:L.,:r"i .;^';
•
ORDER GRANTING APPLICATION' FOIL ALLOTMENT ; CONTRACT
LOS ADOBES JOINT VENTURE'
Application having been made by or on behalf of Los Adobes Joint Venture and all
parties interested in the foregoing Water Allotment Contract and hearing on said Application
having been duly held, it is hereby ordered that said Application be granted and that the
foregoing Water Allotment Contract .033 cubic foot of water per second from the District's
direct flow rights and 2.3 acre feet of water per year of storage water owned or controlled by
the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy
District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms,
conditions and manner of payment as therein specified . and subject to ` the following specific
conditions:
1. The Applicant shall establish a Homeowners Association or other entity acceptable
to the District for the ongoing payment of charges due under the approved Contract following
subdivision of the property described in the Applicationon, file with the District and the
Applicant shall give notice to purchasers of all or any part of the subject property of the
obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder
of Garfield County, Colorado. Applicant arid his successors and assigns shall comply with all
rules and regulations now existing or hereafter adopted by the District to enforce payment of
charges due under the approved Contract by present and future owners of all or any part of the
real property served under the Contract.
2. The Applicant shall provide the District proof that the proposed land use of the
land to be benefitted by the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land use, including evidence satisfactory
to the District that each lot or parcel to be benefitted hereunder is legally subdivided.
3. If Applicant intends to divert water through a well, Applicant shall provide the
District a copy of Applicant's valid well permit before the District is obligated to allot water for
the benefit of Applicant hereunder.
4. The Applicant has acknowledged that the land to be benefitted by the foregoing
and attached Contract is described as, follows ,;
Lots 3, 4 and 5, Los Adobes Subdivision, Garfield County,
Colorado
W4T
,AN 0 3 9992
GARFIELD COUNTY
BASALT WATER CONSERVANCY DISTRICT
By:
President
I hereby certify that the 'a ove Order.
Conservancy`>xstrict o the:,'_: day of
entered by the Directors of the Basalt Water
1991.
•
BASALT WATER CONSERVANCY DIS.TRIr
WATER ALLOTMENT' CONTRA
Pursuant to C.R.S. 1973, 37-4543
Los Adobes Joint Venture (hereinafter collectively "Applicant') has applied to the Basalt
Water Conservancy District (hereinafter the "District"), a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-
45-101, et sec ., for an allotment Contract for beneficial use of water rights owned, leased, or
hereafter acquired by the District. By execution of this Contract, Applicant agrees to the
following terms and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use .033 cubic foot of water per
second from the District's direct flow rights and 2.3 acre feet per year :of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: I Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafteh acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir, The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed, the Water Court on the
use of the District's said rights. Exchange releases ,made, from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of 'water at such outlet works shall
constitute full performance of the District's delivery obligation.'Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: `' Applicant will. use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described as Lots 3, 4 and 5, Los Adobes Subdivision, Garfield
County, Colorado; provided that the location and purpose of Applicant's use of said water shall
be legally recognized and permitted by the applicable governmental authority having jurisdiction
over the property served. Applicant's contemplated usage ,for the water allotted hereunder is for
the following use or uses:
X Domestic/Municipal — Industrial/Commercial'_ Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated.
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bearonly a pro -rata portion of such expenses. Applicant shall be
solelyresponsible for providing works 'and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted, from this amount in each case. The District, or anyone using the
District's decrees, may call op any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event' the 'Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District shall have the
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof.
4. ' PAYMENT::" Applicant Shall.pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. The
initial annual payment shall be made, in full, within 15 days after the date of a notice from the
District that the initial payment: is due. Said notice will advise the Applicant, among other
things, of the water delivery, year to which the payment shall apply and the price which is
applicable to that year. Annual payments for each year thereafter shall be made by the
•
Applicant on or before each March 1. If an annual payment is not made by the due date, written
notice thereof will be sent by the District to the Applicant at Applicant's address set forth below.
If payment is not made within ten (10) days after said written notice, the District may, at its
option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in
which event the water right allotted hereunder may be transferred, leased pr otherwise disposed
of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity; and in the event the
Applicant fails to make payments as required hereunder, the District may; at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant thefunds necessary to make the annual
f.�
payments in advance of water delivery pursuant to this Contract.The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner' specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior writtenapproval of the $oard of Directors of the
District.
In, the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held orowned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water ' district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
7. OTHER RULES: Applicant's righs''tinder' this bntract shall be subject to the
Water Service Plan as adopted by the District and ithended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory; water conservation, and staged curtailment
regulations, if any, applicable within the County in Which the water allotted hereunder is to be
used, together with all amendments of and supplements to any Of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT; Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
APPLICANT:
Los Adob -
t Venture Partner
14156 State Highway 82
Carbondale, CO 81623 .r
STATE OF COLOR.A
COUNTY OFIaRtFi��i-,D"
1
Subscribed�d' sk!oFn ' before me this '30 '' day of September, 1991, by
Sor Joint Venture 'artrier of Los Adobes Joint V ture.
•
ORDER GRANTING APPLICATION FOR ALLOTMEh T CONTRACT
LOS ADOBES .JOINT :VENTR> }
Application having been made by or on behalf of Los Adobes Joint Venture and all
parties interested in the foregoing Water Allotment Contract and ,hearing on said Application
having been duly held, it is hereby ordered that said Application 'be granted and that the
foregoing Water Allotment Contract .033 cubic foot of water per' 'second from the District's
direct flow rights and 0.8 acre feet of water per year of storage watei o*ned or controlled by
the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy
District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms,
conditions and manner of payment as therein specified and subject to the following specific
conditions:
1. Any allotment of less than 1.0 acre foot of storage water in paragraph 1 of the
foregoing and attached Contract shall be deemed 1.0 acre foot for purposes of establishing the
annual water service charge for such water allotment
2. The Applicant shall provide the District proof that the proposed land use of the
land to be benefitted by the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land Use, including evidence satisfactory
to the District that each lot or parcel to be benefitted hereunder is legally subdivided.
3. If Applicant intends to divert water through a well, Applicant shall provide the
District a copy of Applicant's valid well permit before the District is obligated to allot water for
the benefit of Applicant hereunder.
4. The Applicant has acknowledged that the land to be benefitted by the foregoing
and attached Contract is described as follows:
Lot 8, Los Adobes Subdivision, Garfield County ,=Colorado
BASALT WATER CONSERVANCY DISTRICT
By:
Presiden
I hereby certify that the above Order w entered by the Directors of the Basalt Water
Conservancy District on the 9' day of 1,832..f 1991.
ATTEST:
144
Secretary
•
BASALT WATER CONSERVANCY DIS'
WATER ALLOTMENTCONTRAC
Pursuant to C.R.S..1973;. 317-45-1
Los Adobes Joint Venture (hereinafter collectively "Applicant")'has applied to the Basalt
Water Conservancy District (hereinafter the "District"), a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-
45-101, el seq., for an allotment Contract for beneficial use of water rights owned, leased, or
hereafter acquired by the District. By execution of this Contract,' Applicant agrees to the
following terms and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use033. cubic foot of water per
second from the District's direct flow rights and 0.8 acre feet per year;of storage water owned
or controlled by the District.
2. SOURCE OF ALLOTTED WATER: ' Water tights allotted pursuant to this
Contract shall be from the District's water rights decreed to the $asalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water, rights hereafter acquired by the District,
including the District's contractual right to receive storage, water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
PP rightspp
Applicant's allotted shall be obtained. The A licant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases ,made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation: Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon' lands owned; operated, or served by
Applicant, which lands are described as Lot 8, Los Adobes Subdivision, Garfield County,
Colorado; provided that the location and purpose of Applicant's use of said water shall be legally
recognized and permitted by the applicable governmental authority having jurisdiction over the
property served. Applicant's contemplated usage for the water allotted ,hereunder is for the
following use or uses:
X Domestic/Municipal _ Industrial/Commercial Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
•
to use certain wit. It is acknowledged that certain etions within the District may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication; involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may call on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees,, }nay call on any additional sources of supply that may be available at an
alternate point of diversion, but ',not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the'Applicant intends to develop an augmentation plan and institute legal
proceedings for the 'approval of such augmentation plan to allow the Applicant to utilize the
water allotted to Applicant,,t]ereunder, the Applicant shall give the District written notice of such
intent ,., In the event the'.Applicant develops and adjudicates an augmentation plan to utilize the
water allotted hereunder, ` Applicant: shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating`a plan of augiii1entation for the District. In any event, the District shall have the
right to approve the Applicant's augrnentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in the
adjudication thereof
applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. The
initial annual payment shall be made; in full, within 15 days after the date of a notice from the
District that the initial payment is due. Said notice will advise the Applicant, among other
things, of the water delivery year to which the payment shall apply and the price which is
applicable to that year. Annual' payments for each year thereafter shall be made by the
-2-
•
Applicant on or before each March 1: If an annual paiyment t hilt made by the due date, written
notice thereof will be sent by the District to the Applicant at Applicant's, address set forth below.
If payment is not made within ten (10) days after said written, iiotice ` the District may, at its
option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in
which event the water right allotted hereunder may be transferred, leased or otherwise disposed
of by the District at the discretion of its Board of Directors
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS The Applicant agrees Ithat so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or.
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder;.. the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized, and existing under and by virtue
of the laws of the State of Colorado and then only if such association'': or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
-3-
•
7. OTHER RULES: Applicant's rights tinder this Contract shall be -subject to the
Water Service Plan as adopted by the District and amended from hrtie to. time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant,shall also belbound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules andRegulations of the Board
of Directors of the District, the plumbing advisory, water conservatio,''and staged curtailment
regulations, if any, applicable within the County in which the Water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No: 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation. •
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into.
an "Operation and Maintenance Agreement" with the District if and When the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District, or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise, through services made
available to the Applicant.
10. CHANGE OF USE: The District reserves : the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hereunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the ,District shall be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
ry.
shall be bound by any conservation plan hereafter'ado
amended from time to time.
APPLICANT:
STATE OF COLORADO
COUNTY O ce-, e )
Subscribed and sworn to before me ibis day of September, 1991, by
ic. 51He4.1son► , Joint Venture Partner of Los Abode$ Joint Venture
WITNESS my hand and official
My commission expires:'
My conri4sks D c p!r4