Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2.0 Declaration of Protective Covenants
• • DECLARATION OF PROTECTIVE COVENANTS FOR MAYFLY BEND RANCH SUBDIVISION TABLE OF CONTENTS ARTICLE I GENERAL PURPOSE OF COVENANTS, SUBMISSION, DEFINED TERMS, DESCRIPTION ARTICLE II OWNERS, HOMEOWNERS ASSOCIATION ARTICLE III EASEMENTS AND LICENSES ARTICLE IV USE RESTRICTIONS ARTICLE V ARCHITECTURAL COMMITTEE AND REGULATIONS ARTICLE VI PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS ARTICLE VII WATER SUPPLY ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT ARTICLE IX INSURANCE ARTICLE X GENERAL PROVISIONS • • DECLARATION OF PROTECTIVE COVENANTS FOR MAYFLY BEND RANCH SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS AND COMMON OWNERSHIP PLAN is made this day of , 2002 by George R. Kilby and Farley S. Kilby pursuant to and in accordance with the Colorado Common Interest Ownership Act. ARTICLE I GENERAL PURPOSE OF COVENANTS1 SUBMISSION, DEFINED TERMS, DESCRIPTION 1) Purpose. These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado known as Mayfly Bend Ranch Subdivision (hereinafter Subdivision or Mayfly Bend) as defined and described in the Final Plat therefor filed for record in the Office of the Clerk and Recorder of Garfield County as Reception No (hereinafter Final Plat). It is the intention of George R. Kilby and Farley S. Kilby (hereinafter Declarant) expressed by their execution of this instrument, that the lands within Mayfly Bend be developed and maintained as a highly desirable scenic, agricultural, equestrian, fishing and residential area that will continue to be a part of the surrounding natural landscape. It is the purpose of these covenants to preserve the open space, wildlife habitat and the landscape that gives this area its present natural beauty and preserve the character of the property in addition to the views and setting of the Subdivision to the greatest extent possible, and the Lots therein shall always be protected as much as possible with respect to uses, structures, landscaping and general development as permitted by this instrument. 2) Property Submission. Declarant hereby submits the real property described in EXHIBIT A, together with all easements, rights of way, and appurtenances thereto and any buildings, fixtures, and improvements thereon (hereinafter Property) to the provisions of the Colorado Common Interest Ownership Act (hereinafter Act) and to this Declaration. In the event the Act is repealed, the provisions of the Act on the effective date of this Declaration shall remain applicable hereto. Declarant further declares that the Property shall be held, leased, mortgaged or sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants and conditions. Declarant further declares that this Declaration shall run with the land and shall be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the benefit of each and every Owner of a Lot (hereinafter Owner or Lot Owner). 3) Defined Terms. Each capitalized term not otherwise defined in this Declaration shall have the meaning specified or used in the Act. 4) Name of Common Interest Community. The name of the Common Interest Community is Mayfly Bend Ranch. 5) Type of Common Interest Community. The type of Common Interest Community is a planned community. Page -1- • • 6) Association Name. The name of the Association is the Mayfly Bend Ranch Homeowners Association, Inc. a Colorado non-profit corporation (hereinafter Association or HOA). 7) Property Location. The Property constituting the Common Interest Community is located in Garfield County, State of Colorado. Private property rights exist on bordering properties and Mayfly Bend Lot Owners are cautioned not to trespass thereon. 8) Property Description. The Property shall consist of five (5) residential Lots, and one (1) common use open space Lot, all of which are more particularly described on the Final Plat. Lots 1 through 5 are designated for construction of single-family residences according to the terms of this document. All improvements will be restricted to Building Envelopes and Landscape Envelopes as shown on the Final Plat or as defined herein. a) The common open space parcel is known as Tract 1 and contains approximately 20.384 acres in size and will be owned and maintained by the Association for the benefit of the Owners. Uses of Tract 1 shall be restricted to agricultural and other common uses that are described further in Article III and elsewhere in this Declaration and in the deed transferring title of Tract 1 to the Association. b) Lot 5 is designated as Lot 5 or the Barn Lot. A common barn facility may be built on this lot and may be made available to the Subdivision Lot Owners and others by subsequent document. The Declarant may retain ownership of this Lot and may build a barn and related agricultural facilities, which may be used to serve as a central facility for the Subdivision, for continued agricultural use of the Barn Lot and/or the open space parcel, and/or general support for the Subdivision. This facility may include a dwelling space that may be used to employ a residential property manger who might supervise agricultural activities on the open space parcel known as Tract 1 and general management functions for the subdivision. The barn may include other facilities for the Lot Owners' use under the HOA provisions or to enable the care and sheltering of Owners' horses as well as other common space for the Owners' use. Nothing herein shall restrict use of this lot as a residential lot or the rights of the Owner of Lot 5. 9) Lot Description. Lots 1 through 5 on this property are approved for construction of a single- family dwelling. Lot Owners are advised, however, that any dwelling structure, beyond a single family dwelling on a lot, must have the approval of the appropriate Garfield County authority and the Architectural Committee (hereinafter Architectural Committee or AC) of the Association. The Lot owners are advised that a portion of each lot is designated as Landscape Envelope (hereinafter LE) and the remainder of the lot is designated as Non - Development Easement (hereinafter NDE). All construction and improvement will be confined to the LE, except that a lot owner may put a water well or portion of a septic field on the NDE portion of their lot if approved by the AC and Garfield County Authority. A Building Envelope (hereinafter BE) will be designated within the LE and all dwelling space must be constructed within that area. The Association will manage the NDE portions of all lots for fanning, ranching and permitted common uses. The NDE portion of these lots may be irrigated and fenced by the Association for livestock control and fanning purposes. The Association will be responsible for care and maintenance of the NDE portions of all lots, and the cost will be borne by the Association. Owners may also allow a portion of their LE to be fenced as described for the NDE, and in that event the Association will care for that portion as though it were NDE. The Association may construct a farming or ranching structure on Page -2- • • the NDE portion of a lot (beyond fencing or irrigation) unless that Lot Owner objects on the grounds that such construction invades their privacy. The provisions of this section shall not apply to the Lot 5. 10) Recording Data. Certain easements and other rights appurtenant to or included in Mayfly Bend are set forth in the recorded Final Plat. In addition, the Common Interest Community is subject to the easements or licenses granted or reserved pursuant to this Declaration or referenced or created otherwise of public record. ARTICLE II OWNERS, HOMEOWNERS ASSOCIATION 1) Membership. All Lot Owners including Declarant who own or acquire the title in fee to any of the Lots in Mayfly Bend by whatsoever means acquired shall automatically become members of the Association. The Articles of Incorporation and any amendments thereto for the Association shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado Clerk and Recorder. Any person, combination of persons, entity or combination of entities and persons who own or acquire title to any lot in Mayfly Bend shall only be entitled to one vote in the Association per Lot. 2) Purpose. The Association, through its Board of Directors (hereinafter Board or Board of Directors), shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of the Covenants contained in this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair, insure and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall be governed by its Articles of Incorporation and Bylaws as may be amended from time to time. 3) Board of Directors. The affairs of the Association shall be governed by a Board of Directors consisting of three (3) members elected by the Owners. 4) Declarant Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and directors. This power of Declarant control terminates no later than the earlier of a) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant or b) two (2) years after the last conveyance of a Lot by the Declarant in the ordinary course of business to an Owner other than Declarant. The Declarant may voluntarily surrender the right to appoint and remove officers and directors before one or the other of the above conditions has been met, but in such event, Declarant may require that certain specified actions of the Association or Board of Directors as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 5) Indemnification. To the full extent permitted by law, each officer and director of the Association shall be and is hereby indemnified by the Lot Owners and the Association against all expenses and liabilities, including attorneys fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or director of the Association, or any settlements thereof, whether or not they are an officer or director of the Association at Page -3- • • the time such expenses are incurred, except in such cases wherein such officer or director is adjudicated guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interests of the Association. 6) Notice to Owners. Notice to an Owner of matters affecting Mayfly Bend by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or by private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Lot. ARTICLE III EASEMENTS AND LICENSES 1) Lot Owners Easements. The purpose of extensive open space and common elements in Mayfly Bend is to provide a working ranch character. Management of Mayfly Bend Common Elements shall be by the Association, which shall conduct such operations as haying, irrigation, fencing, trail management, fishing habitat management and pasturing of livestock. Any and all such activities are permitted on the Common Elements of Mayfly Bend and the NDE portions of the Lots. The conduct of these activities will be at the discretion of the Ranch Manager with direction from the Board of the Association. An Owner's right to exclude such activities from the NDE portion of their Lot shall not extend to these permitted activities. Every Owner shall have the right of enjoyment and easement for access to their Lot through or over the Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to promulgate and publish rules and regulations with which each Owner and their guests shall strictly comply. b. The right of the Association to suspend the voting rights and rights to use the Common Elements by any Owner for any period during which any assessment against their Lot remains unpaid and for a period exceeding sixty (60) days or for any infraction of its rules and regulations. c. The right of the Association to grant easements, leases, licenses, and concessions through or over the Common Elements. d. The right of the Association to convey or subject a Common Element to a Security Interest in accordance with and to the extent permitted by the Act. e. The right of the Association to close or limit the use of the Common Elements while ranching, farming, constructing, maintaining, repairing, or replacing within such Common Elements. f. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants, guests or persons who reside on their Lot. Page -4- g. • • The rights of the Association over the Common Elements pertaining to farming and ranching, as described in this Article, shall also extend to the NDE portions of the Owners' lots. An Owner may further extend to the Association these rights over a portion of their LE, and in exchange the Association shall care for this extended area in the same manner as the Common Elements without cost to the Owner. An Owner may not prohibit construction of any fencing required for livestock control on the NDE portion of their Lot. 2) Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat as being for the benefit of the Association. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements that it places on any easements. 3) Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approval of the Subdivision granted by the Garfield County Board of Commissioners and to determine and enforce compliance with any of the provisions of these Covenants. ARTICLE IV USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any Lot in Mayfly Bend. That dwelling must be located within the BE shown on the Final Plat. 2. Dupiexes/Multi-Family Structures. Duplexes and multi -family structures are strictly prohibited in Mayfly Bend. 3. Outbuildings. Owners will be permitted to build customary outbuildings on their lots provided such construction is located within the area designated as LE. All such improvements must comply with the Garfield County Zoning Resolution, must have the required Garfield County permits, and must have the approval of the Architectural Committee of the HOA, as provided below. Owners are reminded that all building, development, and other improvements, including owner fencing and landscaping must be located within the LE and all dwelling space must be within the BE designated for each lot. No outbuildings on these Lots shall exceed 2,200 square feet in building footprint, exclusive of open overhangs or open shed areas, nor be in excess of 25 feet in height. All building heights shall be determined by measuring from the finished grade to the midpoint between the eave and the peak of the roof of said building. Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet. Auxiliary buildings such as tool sheds, work areas, or auxiliary building shall not exceed 16 feet in height, and the like shall be permitted provided any individual outbuilding does not exceed 1,000 square feet. No more than two such greenhouses and auxiliary buildings shall be permitted on each Lot. The design and location of all outbuildings shall be approved by the Architectural Committee. The provisions of this section shall not apply to Lot 5. Page -5- • • 4. Modular/Mobile Homes. No modular, mobile, or manufactured homes shall be constructed or placed within the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction, or until the issuance of a certificate of occupancy, whichever first occurs PROVIDED HOWEVER construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time. All other trailer homes shall be prohibited. This restriction shall not apply during such time as construction on the Barn lot is in progress and until at least one of the residential Lots is sold and occupied by an Owner other than the Declarant. ARTICLE V ARCHITECTURAL COMMITTEE AND REGULATIONS 1) Architectural Committee. The Architectural Committee shall be composed of three (3) persons. Prior to the sale by the Declarant of three (3) Lots in the Subdivision, Declarant may appoint the members of the AC which may include officers or directors of the Association, in Declarant's sole discretion, and the Board of Directors of the Association shall have no authority to remove any member so appointed. Upon the sale of three Lots by the Declarant, or at an earlier time as determined by Declarant, the members of the AC shall be appointed by the Board of Directors of the Association. The persons serving on the AC shall serve at the pleasure of the Board of Directors who may remove a member of the AC, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the AC. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this Declaration. 2) Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, caretaker units, garages, barns, corrals, accessory buildings, swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within Mayfly Bend, nor shall any excavating, tree cutting, and clearing or landscaping be done within Mayfly Bend, unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County, Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Page -6- • • Architectural Committee. Upon receipt of an application packet, the Architectural Committee shall, within a reasonable period of time, provide the applicant with a written certification stating whether the information submitted is complete or incomplete. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it, and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of the Association where a vote of three-fourths of the members votes entitled to be cast at said members meetings shall be required to change the decision of the Architectural Committee. 3) Building Permits. An Owner may apply for a building permit from the Garfield County Building Department at any time, provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked, and the Architectural Committee may pursue any and all remedies provided hereunder. 4) Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any restrictions governing architectural control and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall he granted which contravenes any provisions of these Covenants or which violate the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Lot Owners within the Subdivision. Notice to such Lot Owners shall be deemed complete when placed in the United States Mail, first-class postage prepaid, to the last known address for each Lot Owner as provided to the Association. 5) General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Mayfly Bend harmonize to the greatest extent possible with the natural surroundings and with other structures as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots, and other design features. The Architectural Committee shall strive to protect the view of each Lot insofar as possible (taking into account final build out of all Lots in the Subdivision) in the development of Mayfly Bend pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees and wildlife in Mayfly Bend. Each Lot Owner's landscaping and building plans must be consistent with the overall concept of living within a residential ranch and among the natural wildlife habitat, as described in the Colorado Department of Wildlife Living with Wildlife brochure or similar information available to each Lot Owner. 6) Soils and Foundation Report. and Grading and Drainage Plan. Lot Owners are cautioned that due to the high water table adjacent to the Roaring Fork River and the geological structure Page -7- • • underlying the area, a soils and foundation report and other site specific studies by a professional engineer will be required prior to the issuance of a building permit by Garfield County. A Lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee, such reports and studies. In addition, the Lot Owner also shall prepare and submit an individual sewage disposal system design, and a grading and drainage plan, All improvements and structures shall be constructed in accordance with the recommendations and conditions of such reports, studies and plans which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. 7) Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Mayfly Bend. The Committee shall encourage Xeriscape landscaping which emphasizes the use of indigenous foliage and decreased water consumption. 8) Maintenance Responsibilities for Access Roads and Open Space. Ponderosa Pines Way as shown on the Final Plat shall be dedicated to public use. The Association shall be responsible for the maintenance, repair, snow removal, noxious weed control, revegetation, and general upkeep of Ponderosa Pines Way, all access roads, and Tract 1. 9) Site Location. In reviewing the proposed location of any structure to be placed or built on any Lot, the Architectural Committee shall exercise its judgment so as to maximize the view plane of each Lot while preserving to the greatest extent possible the natural characteristics of each Lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The Architectural Committee must approve the location of all structures and improvements to be located on the Lot. 10) Yard Size and Maintenance. Each Lot Owner will have the option and responsibility of maintaining their yards within the portions they designate for yard areas along each BE and within areas of each LE. It is encouraged that yard sizes be designed in keeping with the natural surroundings so as to allow for free movement of wildlife. The Association will maintain any areas within any Lot Owner's LE that is fenced by the Association to allow grazing and keep livestock out of each Owner's yard. In no case shall a landscaped yard area greater than 7,500 square feet be irrigated without adequate water rights. 11) Fencing. The Architectural Committee must approve the type, height and location of all fencing prior to installation. The intent of the Colorado Department of Wildlife fencing recommendations are to enable wildlife to move freely and without injury through the corridors that are part of their natural habitat, and the Association will take these recommendations into consideration when approving or disapproving any fencing. Fencing will be consistent with this intent, recognizing that some fencing is intended to prevent movement of wildlife into some areas. Lot Owners must also recognize that it is their responsibility to fence out livestock within the boundaries of their BE and LE if that is their desire. The Association will construct fencing to control livestock for ranching and agricultural purposes in Tract 1 and NDE areas as defined on the Final Plat. The Colorado Department of Wildlife recommendations regarding fencing are included in EXHIBIT B Page -8- • • attached hereto and incorporated herein. 12) Grazing Areas for Horses and Other Livestock. Horses and other livestock grazing will be restricted to areas outside riparian and wetland areas. The Association will retain the right to install and maintain any fencing needed throughout the common areas and any NDE to prevent such grazing within riparian and wetland areas. 13) Hay Storage. Hay storage will be restricted to Lot 5, in designated agricultural outbuildings, or elsewhere in the Subdivision within 8' high game proof fencing. 14) Lighting. The Architectural Committee shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for safety) be directed towards each applicant's property and consist solely of down lighting. It will also recommend that all Lot Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. 15) Preliminary Approvals. Lot Owners who anticipate constructing improvements on lands within Mayfly Bend may submit preliminary sketches of such improvements to the AC for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the AC to grant informed preliminary approval or disapproval. The AC shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the AC may set fees for this service. 16) Architectural and Site Development Plans. The AC shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 17) Architectural Committee Not Liable. The AC shall not be liable for damages to any person or entity submitting plans for approval, or to any Owner or Owners of land within Mayfly Bend, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The AC shall have no liability or responsibility for any representations made to any Owner or prospective owner by third parties. The decisions of the AC shall be govemed by these Covenants and any rules and regulations duly adopted by the AC pursuant to these Covenants. 18) Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. Page -9- • • 19) Authority to Promulgate Guidelines. Rules. and Regulations. The Architectural Committee may promulgate and adopt design guidelines, rules, and regulations necessary to implement these Covenants. These guidelines, rules, and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE VI PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS 1) No Further Subdivision. No Lot described on the recorded Final Plat of Mayfly Bend shall ever be further subdivided into smaller Lots or conveyed or encumbered in less that the full dimensions as shown on the Final Plat of Mayfly Bend; provided, however, conveyances or dedications of easements for utilities if approved by the AC may be made for less than all of one (1) Lot. Notwithstanding the foregoing, a Lot line adjustment between one Lot and another or Common Elements in Mayfly Bend shall be deemed a permitted subdivision, subject, however, to any reviews, approvals or disapproval that may be required by the Garfield County Land Use Code and to the prior approval of the AC. 2) Domestic Animals and Livestock. Except as expressly limited herein, domestic animals shall be permitted within the Subdivision and shall be subject to any rules and regulations, which may be promulgated by the Board of Directors or Garfield County. a) Garfield County regulations permit one (1) dog for each residential unit and require that the dog be confined within the owner's property boundaries. Lot Owner shall be entitled to keep a maximum of one (1) dog on his property. For the purposes of this Article, the definition of Dog or Dog(s) shall not include dogs under the age of six (6) months. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs will be allowed to roam free. No dogs are permitted on sites during construction phase. No dogs shall he allowed beyond the boundaries of the Lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, electric fenced, kenneled, or housed at all times. Location of kennels shall be subject to review of the Architectural Committee. b) The Homeowners Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owners dog, and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. If any dog commits four (4) violations or any dog is caught chasing or molesting deer, elk, livestock, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on the Owner's property and may ban the offending animal from the Subdivision forever. c) Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. Page -10- • • d) Notwithstanding the foregoing, no animal(s) may be kept within a Lot or a dwelling which, in the good -faith judgment of the Board of Directors, result(s) in any annoyance to residents in the vicinity or to Lot Owners within Mayfly Bend. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations, which may be promulgated by the Board of Directors. No livestock may be kept on any Lot without written permission of the Board, and unless the Owner has built facilities for that purpose on the Lot. The restrictions of this section do not apply to Lot 5 (the Barn Lot), Tract 1 or the NDE portions of Lots under control of the Association, as one of the expressed purposes for these areas is farming, ranching and care of livestock. Any Owner maintaining animals shall insure that overgrazing of the Lot does not occur, as determined by the Board of Directors. 3) Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Mayfly Bend shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in Mayfly Bend disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4) Mining. Drilling. or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Mayfly Bend. 5) Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. If possible trees will be topped rather than removed unless in extreme cases where topping a tree cannot serve as a remedy or would create an undesirable condition or obstruction. All construction, landscaping, and development on any Lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire safety and other residential occupancy considerations. 6) Shiny Materials. No building or improvements shall contain exterior roofs or siding materials, which are reflective or shiny. 7) Number and Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any Lots except as approved by the Architectural Committee and consistent with these Covenants. 8) Completion of Construction. Any construction activity on any Lot in Mayfly Bend shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless upon proof of due diligence the Lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 9) Enclosure of Unsightly Facilities and Equipment. All unsightly structures, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and Page -11- • . neighboring homes to the greatest extent possible. Any motor home, trailer, boat, tractor, motorcycle, snow removal or garden equipment, and any similar item shall be kept at all times, except when in actual use, in an enclosed garage or outbuilding, provided, however, horse trailers shall not be required to be enclosed. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. All trash and garbage containers must be wildlife proof. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot except building materials during the course of construction and only for such reasonable periods of time as are necessary prior to the collection or disposal thereof. 10) Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of Mayfly Bend at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 11) Common Areas and Open Space. All common areas and open space including Tract 1 within the Subdivision shall be restricted to agricultural, passive recreational, irrigation, and utility uses, and to any other uses permitted in the Restrictions appended to the deed transferring title of Tract 1 to the HOA; and shall not be used for residential purposes. The Homeowners Association shall be responsible for the maintenance of common areas including Tract 1, internal and access roads, and the NDE portions of the Owners' Lots; and shall require Lot Owners to maintain their Lots in a manner consistent with the nature and character of the Subdivision. Declarant has had prepared the Vegetation Management Plan for Mayfly Bend Ranch Subdivision which is attached hereto and made a part of these Covenants as EXHIBIT C. This Plan is to control noxious weeds within Mayfly Bend and to provide revegetation plans for the entire subdivision. It shall be the responsibility of the HOA to implement this policy throughout the subdivision, including the Barn Lot, Tract 1 and the Owners' Lots. 12) Unauthorized Vehicles. No snowmobiles or all -terrain vehicles (ATVs) shall be operated within the Subdivision except as allowed by HOA rules. No snowmobiles, boats, RVs, or inoperable motor vehicles shall be stored within the Subdivision unless stored within a permitted auxiliary building. Horse trailers shall be permitted as set forth above. 13) Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location and size of all satellite dishes shall be subject to Association approval, but in no event shall any satellite dish exceed three (3) feet in diameter, unless said dish is totally screened from view of any other Lot. 14) Commercial Activities. Except, as expressly set forth in the Garfield County Land Use Code, no commercial activities shall be permitted on any Lot in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any Lot in Mayfly Bend, provided, however, personal vehicles with a business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an office within their residences, so long as it does not provide services to the public which result in the public going to and from such residence on a regular basis. Page -12- • 15) Sewage Disposal Systems. Each dividual Lot Owner shall be responsible for the construction, operation, mainte , and repair of the individual sewage disposal system (ISDS) located on the Owner's ot, and each Owner shall be required to maintai such system in accordance with al : pplicable Garfield County regulations. Should th health, safety, or welfare of any perso e affected by the failure of any Owner to properly co ct, operate, maintain, or repair thy' Lot's ISDS, the Association shall have the authority to enter onto such land for the purposes of maintaining or repairing such system. All costs incurred by such action shall be borne by the Owner of the system and shall constitute a lien pursuant to Article VIII on the Owner's property until paid in full by the Owner. Attached hereto and made a part hereof as EXHIBIT D is a typical ISDS maintenance procedure prepared by Sopris Engineering. It is an example of what will be required of a Lot Owner with regard to ISDS maintenance. This is only illustrative and informative in nature and the actual requirements will be site specific for each Lot. 16) General Restriction, All Lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants or contained in any other document applicable to the Subdivision and recorded in the Garfield county recorder's office. 17) Colorado Department of Wildlife Recommendations. Attached hereto and made a part of this declaration as EXHIBIT B is a list of recommendations from the Colorado Department of Wildlife intended to minimize the impact of this development on wildlife. These eleven (11) recommendations will be referenced and followed by the Association in its decisions pertaining to matters affecting wildlife, provided there is no conflict with other statutes or regulations and provided such recommendations are reasonable to the context of the instant action of the decision before the Association. ARTICLE VII WATER SUPPLY 1) Ownership and Use of Wells and Appurtenant Facilities. The Association will own the water rights, the well permits and any commonly used storage tanks for the benefit of the respective Lot Owners. A Lot Owner shall own the well structure, pump, meter and all individual storage tanks and pipelines appurtenant to his Lot. 2) Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the well, the pump, meter, storage tank and associated facilities for the withdrawal of water from the well for the Lot Owner shall be paid by the Lot Owner, and the expenses for facilities that are shared by all Lot Owners shall be paid by the Homeowners Association. Each Lot Owner shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. 3) Use of Water. The respective Owners of Lots 1, 2, 3, 4 and 5 shall be entitled to use water as is consistent with the well permit obtained from the Division of Water Resources for each such Lot. All such uses shall be made in accordance with the terms and conditions of the well permit. Each Owner shall be entitled to use so much of the water from the well as that party needs so long as diversions from the well at no time exceeds the maximum allowed by the well permit. Page -13- • • 4) Waste. No Owner shall waste water, and each Owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the well. 5) Basalt Water Conservancy District Contract. A Basalt Water Conservancy District (BWCD) Contract has been obtained and is in full force and effect providing augmentation water for the wells and the ponds within the Subdivision. The Homeowners Association shall pay all costs of said contract on an annual basis and shall abide by the terms and conditions of said contract. The contract shall be owned by the Homeowners Association. All Lot Owners shall be required to pay their pro rata share of the contract regardless of water use. The Basalt Water Conservancy District will prepare and file an augmentation plan for the wells for the benefit of the Homeowners Association. Such costs will be charged to the Homeowners association and the Homeowners association shall pay said costs to ensure the continued legal viability of the augmentation plan. In the event that the BWCD decides that it will no longer file said augmentation plans and therefore individual subdivisions or owners would be responsible for filing their own plans, then the Homeowners Association shall be responsible to file said plan of augmentation and obtain a final decree at its own costs. 6) Ponds. The Declarant has filed for and obtained a water right for the Mayfly Bend Ranch Ponds No. 1, 2 and 3 and the Slough Ditch and Banning Lateral, Mayfly Bend Enlargement in Case No 00CW119 Water Division No. 5. The Declarant shall convey these water rights to the Homeowners Association by Quit Claim Deed. The Homeowners Association shall be responsible for the operation, use, maintenance, repair and replacement of the ponds at its sole expense. 7) Irrigation Water Rights. The Declarant obtained by quitclaim deed an estimated 2.89 c.f.s. of those certain water rights decreed to the Slough Ditch and Banning Lateral decreed in Case No 3017, Garfield County, Colorado. All water rights obtained by Declarant to the Slough Ditch and Banning Lateral with the purchase of the property shall be quit claimed to the Mayfly Bend Ranch Home Owners Association. The Homeowners Association shall pay all ditch assessments and shall be responsible to operate, repair and maintain said ditch for the benefit of itself and the Lot Owners. The Homeowners Association shall use said irrigation right for the irrigation of the common open space. The individual Lot Owners may also use said rights for the irrigation of their individual lots in an amount as may be designated by the Homeowners Association on a year to year basis. ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT 1) Assessments. All Lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors regardless of whether a residential structure has been constructed on a Lot. To the extent the Association is responsible therefor, assessments may he lawfully imposed for any items of common expense which may include, among other things, expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall he borne pro rata by all Owners. Assessments for potable and irrigation water and water -related services shall be assessed separately based upon the allocation of such services Page -14- r • by the Homeowners Association to the Owners. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such amounts as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owners pro rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Lot Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board. 2) Lien for Non -Payment of Assessments. All sums assessed by the Board, including without limitation the share of common expense assessments chargeable to any Lot Owner, any fines which may be levied on a Lot Owner, and unpaid utility fees and assessments charged to a Lot Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: a) Tax and special assessment liens on the Lots in favor of any governmental assessing unit. b) All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. c) Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinabove described shall be superior to the Homestead Exemption provide by Colorado law and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot in Mayfly Bend shall signify such grantee's waiver of the homestead right granted. d) Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by an authorized member of the Board. If any assessment shall remain unpaid for thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board, and the Board may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board shall recover all of its collection costs and reasonable attorney's fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys fees. The Owner Page -15- • • shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3) Enforcement Actions. The Association, acting by and through its Board, shall have the right to prosecute any action to enforce any provision of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Mayfly Bend. In addition, each Owner of land within Mayfly Bend including the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorney's fees. After thirty (30) day's written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25 .00 per day for every day the violation exists or continues after the expiration of said 30 -day period. 4) Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Mayfly Bend in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE IX INSURANCE 1) Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: a) The Board of Directors, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. b) Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omission, and other forms of liability generally covered in officers and directors liability policies. c) General Liability and property insurance. d) Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. Page -16- • • ARTICLE X GENERAL PROVISIONS I) Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Mayfly Bend Ranch Subdivision, and the benefits thereof shall inure to the Owners of the lands in Mayfly Bend Ranch Subdivision; and the benefits and burdens of all said covenants shall run with the title to all of the lands in Mayfly Bend Ranch Subdivision. 2) Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2039 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy- five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such a vote is cast. 3) Amendments of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado no more than six (6) months after said meeting; and FURTHER PROVIDED THAT no such amendment shall be valid, effective or enforceable as to Lot 5 without the written consent of the then Owner of Lot 5 4) Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 5) Headings and Underlining. The Article, section and paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 6) Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. The Owners jointly and severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act, SO LONG AS the Association and the Board acted or failed to act in good faith and without malice. Page -17- • • IN WITNESS WHEREOF, this Declaration of Protective Covenants for Mayfly Bend Ranch Subdivision has been executed as of the day and year first written above. DECLARANT: George R. Kilby Farley S. Kilby STATE OF COLORADO } ) ss: COUNTY OF GARFIELD } Acknowledged, subscribed and sworn to before me this day of , 2002 by Declarant, George R Kilby and Farley S. Kilby. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: NOTARY PUBLIC Page -18- • • PROPERTY DESCRIPTION BEGINNING AT A POINT ON AN EXISTING FENCELINE FROM WHICH THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SEC5TION 35, A NO. 6 REBAR FOUND IN PLACE BEARS SOUTH 35°31'57" WEST A DISTANCE OF 3156.83 FEET; THENCE NORTH 71°05'34" EAST A DISTANCE OF 20.19 FEET TO A REBAR AND CAP P.L.S. #28643 AT THE SOUTHERLY LINE OF PARCEL 2 OF THE DAY SUBDIVISION EXEMPTION; THENCE NORTH 89°38'00" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 38.34 FEET TO A REBAR AND CAP P.L.S.#28643 AT THE SOUTHWEST CORNER OF PARCEL 3 OF THE SAID DAY SUBDIVISION EXEMPTION, THENCE NORTH 89°38'00" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 374.37 FEET TO A REBAR AND CAP, P.L.S. #26950 ON THE SOUTHERLY LINE OF SAID PARCEL 3; THENCE NORTH 89°20'57" EAST A DISTACNE OF 287.67 FEET ALONG SAID SOUTHERLY LINE TO A REBAR AND CAP P.L.S. #27613 AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 22°04'54" EAST A DISTANCE OF 66.34 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 3 TO A REBAR AND CAP P.L.S. #27613; THENCE NORTH 13°22'48" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 76.62 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 68°35'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 68.78 FEET TO THE SECTION LINE COMMON TO SECTIONS 35 AND 36; THENCE SOUTH 00°33'05" EAST ALONG SAID SECTION LINE A DISTANCE OF 13.99 FEET TO THE NORTHWEST CORNER OF GOVERNMENT LOT 14 IN SECTION 36; THENCE NORTH 89°53'49" EAST A DISTANCE OF 1210.49 FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE 740.00 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE SOUTH 72°44'29" WEST A DISTANCE OF 264.93 FEET TO A REBAR AND CAP P.L.S. #26950; THENCE SOUTH 30°22'30" WEST A DISTANCE OF 251.43 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 89°58'08" WEST A DISTANCE OF 420.28 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°19'05" WEST A DISTANCE OF 252.12 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 78°29'52" WEST A DISTANCE OF 277.46 FEET TO A REBAR AND CAP, P.L.S.#26950; THENCE SOUTH 66°12'16" WEST A DISTANCE OF 185.69 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 62°09'01" WEST A DISTANCE OF 155.56 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 78°31'47" WEST A DISTANCE OF 82.93 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°12'47" WEST A DISTANCE OF 389.37 FEET TO A POINT ON A FENCELINE BEING A REBAR AND CAP, P.L.S. #26950; THENCE ALONG SAID FENCELINE NORTH 00°40'07" EAST A DISTANCE OF 585.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNG 40.612 ACRES, MORE OR LESS. EXt 16)T � • STATE OF COLORADO 111, BiU Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY o6PL ON ER John W. Mumma, Director 6060 3roedway Der ger, Colorado 80218 Telephone: (M3)297-1182 March 27, 2000 Garfield County Planning 109 81 Street, Suite 303 Glenwood Springs, CO 81601 RE: Mayfly Bend Ranch Sketch Plan Dear Kit: ti For Wildlife - For People I have reviewed the Mayfly Bend sketch plan. The main value of this area to wildlife is its riparian and wetland area. 'This habitat type is extremely valuable to a variety of wildlife coyote, red fox, raccoon, waterfowl, raptors, owls, and many small mammalspecies, p de�g�� Thcree deer,s a small resident population of mule deer that inhabit that area. They use the riparian areas along the Roaring Fork as a movement corridor. The portions ofthe property that have been used as a hay meadow have less value for wildlife and would be more preferable as home sites from a wildlife perspective. Wildlife impacts should be minimal as long as certain recommendations are followed, 1. Wetland and riparian habitats are protected and maintained in a natural state. The natural vegetation,.. including the cottonwoods and willows,is very valuable and should be left undisturbed as much as possible. If any of the trees present a danger to a structure, thea they should be topped rather than removed completely. These snags provide roosting and perching sites for raptors and other birds. 2. Home sites are set back from riparian/wetland areas 50-100 feet to help protect these areas and minimize disturbance. 3. Silt fencing be installed to prevent deposition of eroded materials along the northern edge of lots 1 and 3. 4. Bury all utilities or make them raptor -proof to prevent electrocution of owls, raptors, and eagles. 5. No dogs allowed on site by construction. 6. Limit the number of dogs which homeowners may have to 2, with additional restrictions that dogs must stay in kennels and not be allowed to roam free. Roaming and uncontrolled dogs will have a major negative impact to wildlife in the area. Waterfowl nesting and use ofthe riparian area would be disrupted. Additionally, the site's close proximity to critical winter range in the Crown would make it easy for roaming dogs to harass deer and elk in the area. I would recommend that this restriction be made a condition of approval DEPARTMENT OF NATURAL RESOURCES, Wade Bum. Acting E, cut., Director 1MLDUFE COMMISSION, Chuck Lewis, Chair • Mark LeVa o1..,, c...r.......41.... irw a..1. ibY, Vice-Clleir • Bernard Black, Secretary ri.so 37 Irak 7. Wildlife proof or resistant trash/garbage containers should be utilized for the homes to prevent problems with wildlife. 8. The plan mentions that homeowners will use fencing to exclude livestock from their yards. These yards should be as small as possible to allow movement through the property and not include areas within 50 feet of the riparian areas. Any fencing should be 42 inch high, 4 strand or less barb- or smooth wire with a I2 -inch kick space between the top two strands. Any rail fencing should be the round or split rail type, 48 inches high, 3 rails or less, with at Least 18 inches between two of the rails. These conditions will allow for the movement of wildlife, including deer fawns. 9. Prevent grazing of horses and other livestock in and along riparian and wetland areas. 10. Although there has not been a problem in the past, ifhorse hay is to be stored outside existing buildings in a free-standing stack, then it should be fenced at the owners' expense with eight foot high game proof fencing. This will prevent game damage to the stack and the luring of animals across the county road. 11. All homeowners should be provided brochures "Living with Wildlife." I have included copies for your convenience. Thank you for the opportunity to comment. If you have any questions, please feel free to give me a call. Sincerely, Matt Thorpe District Wildlife Manager Carbondale nw)61T •2e.c.`l., • • VEGETATION MANAGEMENT PLAN FOR MAYFLY BEND RANCH SUBDIVISION The vegetation management plan for the Mayfly Bend Ranch Subdivision is designed to establish and maintain a desirable native plant community while controlling noxious weeds. This management plan is designated for all common areas including roadsides, open space, the barn area, and utility easements on the Mayfly Bend Ranch Subdivision. Recommended control measures for weedy species will include cultural, mechanical, chemical, and biological. It is our recommendation that chemical and biological control be limited to the maximum extent possible and only reserved for large outbreaks of noxious weeds. Site Characterization The Mayfly Bend Ranch Subdivision is located in Carbondale, Colorado and falls within the Rocky Mountain Region of Colorado. The site can be characterized as a montane grassland. Mountain grasslands dominant species usually include fescues, oatgrass, Junegrass, and Mountain muhly. The Mayfly Bend Ranch is no exception, dominant grass species include: Arizona fescue, Junegrass, and Mountain muhly. DOMINANT GRAMINOIDS ON THE MAYFLY BEND RANCH SUBDIVISION Festuca arizonica Arizona Fescue Koeleria macrantha Prairie Junegrass Muhlenbergia montana Mountain Muhly Soil Characterization Information about the soils were provided by soil surveys from the United States Department of Agriculture Soil Conservation Service. The primary soil type on the Mayfly Bend Ranch Subdivision is Redrob loam, characterized as a poorly drained soil on alluvial valley floors. Primarily derived from sandstone, this soil is moderately permeable in the surface layer (-14 inches) and rapid permeability in the layers beneath. The effective rooting depth ranges from 20-60 inches depending on the water tolerability of the vegetation. The water table is fairly high and can be found at depths ranging from 18-48 inches. Noxious Weed Characterization During the noxious weed survey, Beach Environmental, LLC, did not note any extensive outbreaks of weeds. Limited, small communities of Russian Olive, Canada Thistle, and Plumeless Thistle were found. Due to the aggressive nature of these weeds, the vegetation management plan has established guidelines to help control the spread of these species. These guidelines are reproduced from recommendations provided by the Native Plant Revegetation Guide for Colorado, a guide published by Colorado Natural Areas Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 1 - 1=x[ater G pages Program, Colorado State Parks, and Colorado Department of Natural Resources and recommended by Garfield County for planning purposes. Canada Thistle (Cirsium arvense) Description: This aggressive weed forms large dense patches of prickly plants along the bottoms of intermittent drainages and other areas with moist soil. This thistle, however, does not do as well in continually saturated or inundated soils (although, it does grow in seasonally saturated or inundated sites). It is extremely difficult to eradicate because it has an extensive root system and new plants can grow from even a small piece of root. One plant can colonize an area up to six feet (1.8 meters) in diameter in one or two years. Canada thistle grows to three to five feet (1-1.5 meters) tall, has spine -tipped leaves, smooth stems, and small lavender flowering heads. Management Measures: In addition to prevention, the critical management measure is to stress the plant by forcing it use stored root nutrients. The most effective way to prevent this species is to revegetate moist bare soil. Cultural Control: After establishment, competition with other plants is helpful, but not completely effective in controlling this weed. Reseeding is often necessary after the thistle has been removed from an area. Mechanical Control: Mowing can be effective when combined with herbicide treatments, especially in areas with competition with established grasses. Mow throughout the growing season and then treat with herbicides in the fall. Mowing alone, without herbicides, can be effective if done at one-month intervals over several years. Late spring burning will also stress the plant if sufficient dead plant material is available to carry a fire hot enough to kill spring rosettes. Burning will have to be repeated annually for several years or at three-year intervals. Chemical Control: Herbicides can be effective, especially when combined with mowing, tilling, and competition with other plants. Mow two or three times in the summer at monthly intervals (beginning at bolt to early bud -growth stage) and follow with a fall application. Biological Control: The larvae of the weevil Ceutorhyncus litura bores into Canada thistle, weakening the plant. This weevil alone will not effectively control thistle but it can be combined with other methods. Urophora cardui is another insect that helps control this weed. Grazing can be used in the spring and early summer to help control thistle in riparian areas as well. Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 2 - Russian -olive (Elaeagnus angustifolia) Description: This fast growing tree has silvery green leaves and long thorns. The fruit is olive shaped. A European native, Russian -olive has been widely sold in Colorado as an omamental shade tree. Along some streams, Russian -olive has completely replace native woody vegetation such as cottonwoods, thus reducing the amount and quality of wildlife habitat. Management Methods: Russian olive trees can be controlled by either cutting the trees down and treating the stumps with herbicide, or pulling the tree out of the ground when it is young. The cutting method should be used on trees larger than two inches (5 centimeters) in diameter. Cut the Russian olive trees within four inches (10 centimeters) of the ground. Within five minutes of cutting, treat the stumps with an herbicide. Appropriate herbicides to use would include Garlon, the premixed product Pathfinder and Rodeo. Garlon decomposes rapidly after application, in a day or less in sunlit water and approximately two weeks to two months in soil. Rodeo (glyphosate) is specified for use in riparian or wetland habitats. Monitor and implement follow-up treatment as needed. Follow-up treatments are best completed the following June before any possible resprouts have time to grow. Retreated areas should be monitored every 6 months until complete mortality is ensured. Care should be taken not to introduce any herbicide into adjoining waters. Trees less than about two inches (5 centimeters) in diameter can be wrenched out of the soil be means of a weed winch. Removal of small Russian olive trees will be easier when the soil is moist so that the majority of roots can be extracted. Plumeless Thistle (Carduus acanthoides L.) Description: Plumeless thistle is a member of the Aster family, Thistle tribe. It is an introduced winter annual or biennial. This plant can be distinguished from musk thistle by its smaller flowers - 1/2 to 1 inch in diameter. The leaves of plumeless thistle lack the prominent white margin present on musk thistle leaves. The plant may grow to a height of 5 feet or more. Flowers are reddish -purple and are either solitary or clustered. Taproots are large and fleshy. Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 3 - • • Plumeless thistle is an extremely prolific seed producer. It is found in pastures, river valleys, and along roadsides. It is rapidly increasing in this state, particularly in northwestern Colorado (Pitkin, Garfield,and Eagle Counties). Cultural Control: After establishment, competition with other plants is helpful, but not completely effective in controlling this weed. Reseeding is often necessary after the thistle has been removed from an area. Mechanical Control: Mowing can be effective when combined with herbicide treatments, especially in areas with competition with established grasses. Mow throughout the growing season and then treat with herbicides in the fall. Mowing alone, without herbicides, can be effective if done at one-month intervals over several years. Late spring burning will also stress the plant if sufficient dead plant material is available to carry a fire hot enough to kill spring rosettes. Burning will have to be repeated annually for several years or at three-year intervals. Chemical Control: Herbicides can be effective, especially when combined with mowing, tilling, and competition with other plants. Mow two or three times in the summer at monthly intervals (beginning at bolt to early bud -growth stage) and follow with a fall application. Cultural Control: After establishment, competition with other plants is helpful, but not completely effective in controlling this weed. Reseeding is often necessary after the thistle has been removed from an area. Mechanical Control: Moving can be effective when combined with herbicide treatments, especially in areas with competition with established grasses. Mow throughout the growing season and then treat with herbicides in the fall. Mowing alone, without herbicides, can be effective if done at one-month intervals over several years. Late spring burning will also stress the plant if sufficient dead plant material is available to carry a fire hot enough to kill spring rosettes. Burning will have to be repeated annually for several years or at three year intervals. Biological Control: Unknown. Weed Surveys When controlling weeds, the weed manager shall be on the lookout for outbreaks of other weedy species including but not limited to: Absinth Wormwood Perennial Pepperweed Yellow Toadflax Black Henbane Plumeless Thistle Blue Flax Canada Thistle Posion Hemlock Chicory Common Burdock Russian Knapweed Common Tansy Dalmation Toadflax Russian Olive Dames Rocket Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 4 - Diffuse Knapweed Salt Cedar Mediterranean Sage Dyers Woad Scotch Thistle Oxeye Daisy Field Bindweed Spotted Knapweed Purple Loosestrife Hoary Cress (Whitetop) St. Johnswort Scentless Chamomile Houndstongue Sulfur Cinquefoil African Rue Jointed Goatgrass Perennial Pepperweed Camelthorn Leafy Spurge Plumeless Thistle Rush Skeletonweed Musk Thistle Volunteer Rye Sericea Lespedeza Orange Hawkweed Yellow Starthistle Weed Control Schedule The proposed schedule for the Mayfly Bend Ranch Subdivision is mowing of weeds monthly during the summer months of June, July, and August, and following with a chemical application during the fall month of September. This schedule is designed for general weed control and is geared towards the removal of the most common weeds on-site (thistle). However, some weedy species such as Russian -Olive require different schedules and techniques for control. It is important that the weed control schedule remains flexible and is able to accommodate a variety of weeds. The weed manager is responsible for identifying outbreaks and if necessary, redesigning the schedule to control that particular weed. Revegetation of Site Once weeds are removed, it is important to reintroduce site appropriate native vegetation. This will help prevent the return of weeds to that area. Revegetation with native seed materials will occur annually during planting season. Seeds should be planted within two weeks of shipment. The revegetation site shall be prepared and wetted down prior to planting. Supplemental watering shall occur after planting to ensure a high survival rate of native seeds. This can be accomplished through on-site irrigation. Revegetation Plant Material List Plant materials to be used for revegetation planting will be native grasses either taken on- site or purchased from a local native plant nursery such as : Rocky Mountain Native Plants Company 2730 Snowmass Creek Road Snowmass Colorado 81654 970 927-0925 Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 5 - Pawnee Buttes Seed Inc. 605 25th St. Greeley, Colorado 80632 1-800-782-5947 Proposed species to be used are the dominant granimids already present on-site and may include a mixture of one or more of the following: PLANT MATERIAL LIST FOR THE MAYFLY BEND RANCH SUBDIVISION Festuca arizonica Arizona Fescue Koeleria macrantha Prairie Junegrass Muhlenbergia montana Mountain Muhly Weed Control Service Pesticide application will be provided for by a local weed control service company in the Roaring Fork valley, including but not limited to: Gallagher Agriculture Services 7348 County Rd 331 Silt 876-2864 Mountain Lawn 3758 Hwy 82 Glenwood Springs 945-9333 Roaring Fork Vegetation Management CO. El Jebel 963-9723 Western Vegetation Management Aspen 920-9161 The Mayfly Bend Ranch Homeowners association will provide for payment for chemical application and all other weed control measures. 0273r.01.doc revised 8/9/01 Mayfly Bend Ranch Vegetation Management Plan Beach Environmental, LLC - 6 - FO IVIDUAL SEWAGE DISPOSAL STEMS Prepared by Sopris Engineering, L.L.C. April 6, 2000 Introduction A properly designed and utilized ISDS system should require minimal maintenance. In all cases the operation of the system should be automatic. Several factors influencing the need for maintenance include; actual wastewater flows into the system versus design flows, the volume of kitchen/domestic waste (excluding human waste and toilet paper), excessive household chemicals or other toxic liquids and the physical integrity of the system components. Maintenance of engineered and non engineered systems should include annual visual inspections of all structures, access/inspection ports and mechanical components if applicable. Larger dosing systems and large second homes may require periodic inspections with certain adjustments based on variable usage. ISDS Operation and Maintenance Septic Tanks It is recommended that the septic tank(s) should be inspected annually or if plumbing problems are experienced. In general, for a properly designed system, septic tanks s should om the be tainspected the ted andpceu mped should every 2 - 4 years. In addition to removal of the accumulated solids'I\ be hydraulically cleaned. This procedure is usually performed theseptic Thescum service ler r should not especially important in homes with heavy kitchen use and/or plumbing problems. exceed a depth of 12" or exceed a depth of 3" above the bottom of the outlet device. The depth of solids (sludge) should not exceed 1/3 of the depth of the tank or a depth below the bottom of the outlet device of 1.5"-2.5" times the total liquid depth. The single most important aspect regarding smaintgenance syof septic tank is the protection of the absorption area from failure due to suspended solids Measuring the scum and sludge layers is the only way to determine the need for pumping. Several methods can be used to determine if the above recommended depths have been exceeded from visual tape measurements to use of indicator sticks. Pumping the tank should be done by first breaking up the scum layer and mixing the sludge layer with the liquid portion by alternately pumping liquid from the tank and re -injecting it into the bottom of the tank. This procedure should be repeated until only a small residual of sludge remains in the tank which is necessary for seeding purposes. Tanks should never be washed or disinfected after pumping Material removed from tanks should be disposed of per methods approved by local health jurisdictions. Post pumping inspections are necessary to check inlet and outlet baffles and risers. Check for signs of damage, leaks in or out of tanks, proper sealing of access risers and closure of lids. Check the inlet service pipe and the outlet distribution pipe for accumulated debris to determine if cleaning is needed. Check the seals around the pipes at the inlet and outlet ports on the tank to insure they are watertight. Repair any ,.,damage to insure the tank operates as designed. Appropriate safety and sanitary practices should always be followed while working with sewage systems. Check anchoring devices if applicable. a'1 Septic Tank Additives • In general chemical, bacteriological or enzyme additives are not recommended or needed to maintain or improve septic tank efficiency. Available products have not been proven to enhance a systems performance and should not be used in an attempt to help breakdown solids to reduce the need for pumping. Some additives have proven to have adverse effects to the normal operation of the system. Dosing systems For systems with a dosing and/or distribution pump system it is recommended that the pumps, valves, siphons, tank, control floats, wires and any other applicable components be visually inspected annually for wear, damage, leaks, or other potential problems. Separate dosing tanks need to be checked for water tightness structural and plumbing integrity the same as for a septic tank. Check for evidence of sediments or scum layers which will indicate problems with the septic tank. Check to see if the water level markings on the side of the tank are consistent. Variability indicates that the distribution device, pumps, float switches and/or controls may not be operating properly. The dosing system should be checked for performance by observing it's dosing cycle, distribution pattern and calculating or monitoring its discharge volume. The current performance should be compared with previous observations and adjustments should be made to the controls if needed to maintain or improve compliance with the design. If a filter screen is used it should be cleaned as needed, annually and when the tank is pumped. Absorption fields Absorption fields should be maintained with suitable cover and kept free of root invasive plants. Positive surface drainage away from the absorption field should be maintained. The inspection ports should be observed to check for distribution and infiltration of effluent in the system. Check the surrounding ground for seepage, excessive wetness or erosion near the base of the filter mound or field. Avoid any frequent or heavy equipment or vehicular traffic over a field and immediately, evaluate and repair any damage to the system if an impact occurs. Check for any signs of subsidence. Maintain any barriers to prohibit livestock form entering the area. Storm Drainage To the maximum extent possible Storm water shall be directed away from absorption fields and prevented from entering system structures. Any breach in underground pipes or risers should be repaired as soon as possible. Alterations and additions to individual sites should be performed with respect to the existing ISDS system. Miscellaneous Guidelines and Precautions Avoid pumping tanks during high ground water months if tank is installed below the ground water table. Adequate anchoring on septic and dosing tanks is required on installations where groundwater is present. The absorption areas must be protected to prevent damage from vehicular or livestock traffic. Minimize the amount of water, oils, grease, household chemicals and solids discharging into the system. Garbage disposals are not recommend for use with ISDS systems or system size and maintenance schedules need to be increased by 30 to 50 percent. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC .:........... • • SUBDIVISION IMPROVEMENTS AGREEMENT MAYFLY BEND RANCH SUBDIVISION This subdivision improvements agreement ("Agreement") is entered into by George R. Kilby and Farley S. Kilby ("Developers") and the Board of Commissioners of Garfield County, Colorado ("County") in connection with Mayfly Bend Ranch Subdivision ("Subdivision") on this day of July, 2002. RECITALS Developers own and are developing certain real property in Garfield County, Colorado known as Mayfly Bend Ranch Subdivision. Approval of the preliminary plan for the Subdivision is indicated by Garfield County Resolution No. 2002- 51. Developers have submitted to the County for its approval the Final Plat for the Subdivision ("Final Plat"), the boundaries for which are described on EXHIBIT ONE attached hereto and made a part hereof. Developers wish to enter into this Agreement with the County as a condition of approval of the Final Plat, as required by the laws of Colorado. Developers have completed or have agreed to complete certain subdivision improvements, as set forth herein; have agreed to execute and deliver a letter of credit to the County to secure and guarantee Developers' performance hereunder; and have agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy, and sale of properties, all as more fully set forth herein. AGREEMENT NOW THEREFORE, in consideration of the Recitals and the following mutual covenants and agreements, the parties hereby covenant and agree, as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat subject to the terms and conditions of this Agreement and of Garfield County Resolution No. 2002- 51. • • 2. DEVELOPERS' PERFORMANCE. Developers have constructed and installed, or shall cause to be constructed and installed by no later than 2002, all at Developers' expense, those improvements related to the Subdivision which are required by this Agreement, Garfield County Resolution No. 2002- 51 , the Final Plat, and Garfield County Zoning and Subdivision Regulations. Such improvements include internal roads, road signage, drainage features, utility structures, a twelve -foot wide gravel surface for emergency access, and electrical utilities, as well as revegetation of all areas disturbed by installation of such improvements, all in accordance with the plans and specifications therefor as contained or as referenced in the Final Plat. The probable cost of completion of the subdivision improvements and quantity take -off prepared by a licensed engineer are set forth on EXHIBIT TWO attached hereto and incorporated herein. Additionally, Developers shall comply with the following: A. All Final Plat documents submitted prior to or at the time of Final Plat approval, which are incorporated herein. B. All other requirements of Garfield County Resolution No. 2002- 51 and Garfield County Zoning and Subdivision Regulations. C. All laws, regulations, orders and resolutions of Garfield County, Colorado and affected special districts. D. All designs, maps, specifications, sketches and other materials submitted to and approved by any of the above governmental agencies. The County agrees that if all improvements are installed in accordance with the foregoing requirements and consistent with as -built drawings to be submitted upon completion of such improvements, then the Developers shall be deemed to have satisfied all terms and conditions of Zoning and Subdivision Regulations of Garfield county, Colorado. 3. SECURITY FOR IMPROVEMENTS. Letter of Credit. On or before the date of recording the Final Plat with the Garfield County recorder, Developers shall deliver to the County a letter of credit in a form acceptable to the County in the total amount of $125,900 which is the estimated cost of completing the remaining subdivision improvements as set forth on EXHIBIT TWO. Such letter of credit must be valid for a minimum of six months beyond the required completion date of , 2002. If the time of completion of the improvements is extended by written amendment to this Agreement, the time period for the validity of the letter of credit shall be similarly • extended. Additionally, should the letter of credit, prior to County acceptance of the subdivision improvements, become void or unenforceable for any reason including bankruptcy of Developers or of the financial institution issuing or confirming the letter of credit, then this Agreement shall become void and of no force or effect, and the Final Plat shall be vacated. Releases of Security., The County shall release portions of the Security as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion adequate to authorize release of Security must be submitted by a licensed or registered engineer. Such certification shall certify that the improvements have been constructed in accordance with the requirements of this Agreement and Final Plat plans, and shall be stamped "as - built drawings" as applicable. Developers may also obtain release of a portion of the Security upon proof (i) that they have a valid contract with a public utility company regulated by the Colorado PUC that obligates such company to install certain utility lines, and (ii) that Developers have paid to such utility company the cost of installation of such utilities required to be paid by them under such contract. Upon submission of a certification of completion of improvements, the County may inspect and review such improvements to determine if they have been constructed in compliance with the relevant specifications. If the County determines such improvements or a portion thereof are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Developers within fifteen days detailing which improvements are potentially deficient. If no letter of potential deficiency is furnished the Developers within said fifteen -day period, all improvements certified as complete shall be deemed to have been accepted by the County, and the County shall release the appropriate amount of security as it relates to such improvements. If a letter of potential deficiencies is furnished which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified shall be deemed to have been accepted by the County, and the County shall release the appropriate amount of security as it relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by Developers that are identified as potentially deficient by the County in a letter of potential deficiencies, the County shall have thirty days from the date of such letter to complete its investigation and provide written confirmation of the deficiency to the Developers. If upon further investigation the County finds that the • • improvements are acceptable to the County, the appropriate security shall be released to the Developers within ten days after completion of such investigation. In the event the improvements are not accepted by the County, the County shall make written findings detailing the deficiencies and furnish such written findings to the Developers, who then shall have a reasonable period of time to cure the deficiencies prior to the County requesting payment from the letter of credit. Substitution of Collateral, The County may at its sole option permit the Developers to substitute collateral other than a letter of credit acceptable to the County in order to secure completion of the subdivision improvements. Recording of Final Plat. The Final Plat shall not be recorded with Garfield county recorder until the letter of credit or other acceptable collateral has been received and approved by the County. 4. STREETS. The right-of-way for Ponderosa Pines Way identified on the Final Plat of the Subdivision shall be dedicated for public use. The Homeowners' Association shall be solely responsible for the maintenance, repair and upkeep of such dedicated right-of-way. The County shall not be obligated to maintain any streets or roads within the Subdivision. 5. INDEMNITY. To the extent allowed by law, Developers agree to indemnify and hold harmless and defend the County from all claims which may arise as a result of Developers' installation of the subdivision improvements; provided that Developers do not indemnify the County for claims make asserting that the standards imposed by the County are improper or are the cause of the injury asserted; and further provided that Developers do not indemnify the County from claims or demands which arise based in whole or in part upon negligent or wrongful acts or omissions of the County or its employees. The County must notify the Developers within thirty days of receipt by the County of any notices or claims for which Developers may be responsible under the first sentence of this §5. Upon receipt of such notification from the County, the Developers shall have the option of defending such claims, demands or actions. Failure of the County to so notify the Developers consistent with this §5 shall extinguish and render unenforceable the County's rights and indemnity protections hereunder. 6. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. In lieu of dedicating land to Roaring Fork School District RE -1, Developers shall make a cash payment, calculated as follows in accordance with §§9.80 and 9.81 of Garfield County Subdivision Regulations, to -wit: • • a. Unimproved per acre market value of land, based on the appraisal performed by High Country Appraisal Associates, as of May 14, 2002: $1,015,000 _ 40.61 acres = $24,994 b. Land dedication standard: .020 acres c. Amount of cash in lieu payment: $24,994 x .020 x 5 single family dwelling units = $2,499.40. Developers shall therefore pay to Garfield county treasurer at or prior to the time of recording the Final Plat the sum of $2,499.40 as the in lieu payment to the school district. Developers acknowledge they are obligated to pay such fee, accept such obligation, and waive any claim that they are not so obligated. Subsequent to recording the Final Plat, Developers will not claim nor are they entitled to claim any reimbursement of such in lieu fee. 7. FIRE DISTRICT IMPACT FEES. At or prior to the time of recording the Final Plat, Developers shall provide the County Planning Department with proof of payment to Carbondale and Rural Fire Protection District of the sum of $2,085.00 for impact fees to such District. 8. SALE OF LOTS. No lots within the Subdivision shall be conveyed prior to recordation of the Final Plat. 9. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this Agreement by Developers, County may withhold issuance of building permits for any structure within the Subdivision. No building permit shall issue until Developers demonstrate to the satisfaction of Carbondale and Rural Fire Protection District that adequate water is available for the District's purposes at the construction site. No certificate of occupancy shall issue for any building or structure until all subdivision improvements have been completed and are operational as required by this Agreement. Developers shall send the form of Notice attached hereto as EXHIBIT THREE to all lot purchasers who have signed a Real Estate Contract to purchase a Lot in the Subdivision from Developers. 10. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, either party hereto or any purchaser of a lot within the Subdivision shall have the authority to bring an action in Garfield county district court to compel enforcement of this Agreement. • • 11. CONSENT TO VACATE PLAT. In the event Developers fail to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat as it pertains to lots within the Subdivision for which no building permit has issued. Any existing lots for which building permits have issued shall not be vacated, and the Final Plat as to those lots shall remain valid. Developers shall provide a survey and complete legal description with a map showing the location of any portion of the Final Plat so vacated. 12. BINDING EFFECT. This Agreement is a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Developers, their successors and assigns. 13. RECORDING. Upon execution by both parties hereto, Developers shall record this Agreement with Garfield county recorder. 14. VENUE AND JURISDICTION. COLORADO LAW APPLIES. Venue and jurisdiction for any cause of action arising out of or related to this Agreement shall lie exclusively in Garfield county district court, State of Colorado. In all cases, Colorado law shall apply to resolution of any cause of action or to the interpretation of this Agreement. 15. AMENDMENT. This Agreement may be amended from time to time but only in writing and by a document executed by both parties hereto. 16. NOTICES. All notices required or permitted hereunder shall be given in writing by personal service or by personal delivery or by certified mail return receipt requested, as follows: TO: BOARD OF COMMISSIONERS OF GARFIELD COUNTY, COLORADO Attention: Mark Bean, Planning Director 109 8th St. Suite 303 Glenwood Springs, CO 81601 TO: GEORGE R. KILBY and FARLEY S. KILBY 505 Sandy Lane Anniston, AL 36207 with copy to • • JAMES M. LARSON, esq. Attorney for George and Farley Kilby P.O. Box 272 Glenwood Springs, CO 81602 WITNESS THE DUE EXECUTION by the parties hereto as of the day set forth first hereinabove. BOARD OF COMMISSIONERS OF George R. Kilby GARFIELD COUNTY, COLORADO Farley S. Kilby By: Chairman Attest: Clerk to the Board • • PROPERTY DESCRIPTION BEGINNING AT A POINT ON AN EXISTING FENCELINE FROM WHICH THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SEC5TION 35, A NO. 6 REBAR FOUND IN PLACE BEARS SOUTH 35°31'57" WEST A DISTANCE OF 3156.83 FEET; THENCE NORTH 71°05'34" EAST A DISTANCE OF 20.19 FEET TO A REBAR AND CAP P.L.S. #28643 AT THE SOUTHERLY LINE OF PARCEL 2 OF THE DAY SUBDIVISION EXEMPTION; THENCE NORTH 89°38'00" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 38.34 FEET TO A REBAR AND CAP P.L.S.#28643 AT THE SOUTHWEST CORNER OF PARCEL 3 OF THE SAID DAY SUBDIVISION EXEMPTION, THENCE NORTH 89°38'00" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 374.37 FEET TO A REBAR AND CAP, P.L.S. #26950 ON THE SOUTHERLY LINE OF SAID PARCEL 3; THENCE NORTH 89°20'57" EAST A DISTACNE OF 287.67 FEET ALONG SAID SOUTHERLY LINE TO A REBAR AND CAP P.L.S. #27613 AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE NORTH 22°04'54" EAST A DISTANCE OF 66.34 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 3 TO A REBAR AND CAP P.L.S. #27613; THENCE NORTH 13°22'48" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 76.62 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 68°35'45" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 68.78 FEET TO THE SECTION LINE COMMON TO SECTIONS 35 AND 36; THENCE SOUTH 00°33'05" EAST ALONG SAID SECTION LINE A DISTANCE OF 13.99 FEET TO THE NORTHWEST CORNER OF GOVERNMENT LOT 14 IN SECTION 36; THENCE NORTH 89°53'49" EAST A DISTANCE OF 1210.49 FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE 740.00 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE SOUTH 72°44'29" WEST A DISTANCE OF 264.93 FEET TO A REBAR AND CAP P.L.S. #26950; THENCE SOUTH 30°22'30" WEST A DISTANCE OF 251.43 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 89°58'08" WEST A DISTANCE OF 420.28 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°19'05" WEST A DISTANCE OF 252.12 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 78°29'52" WEST A DISTANCE OF 277.46 FEET TO A REBAR AND CAP, P.L.S.#26950; THENCE SOUTH 66°12'16" WEST A DISTANCE OF 185.69 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 62°09'01" WEST A DISTANCE OF 155.56 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 78°31'47" WEST A DISTANCE OF 82.93 FEET TO A REBAR AND CAP, P.L.S. #26950; THENCE NORTH 65°12'47" WEST A DISTANCE OF 389.37 FEET TO A POINT ON A FENCELINE BEING A REBAR AND CAP, P.L.S. #26950; THENCE ALONG SAID FENCELINE NORTH 00°40'07" EAST A DISTANCE OF 585.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNG 40.612 ACRES, MORE OR LESS. FSH/BIT oda. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST MAYFLY BEND SE JOB NO. 20065.01 6/25/2002 ITEM QUANTITY UNIT UNIT COST COST 1 MOBILIZATION 1 LS 12,000.00 12,000 2 ERROSION CONTROL 1 L.S. 2,500.00 2,500 3 CLEAR AND GRUB, TOP SOIL REMOVAL 5,550 C.Y. 5.00 27,750 4 EXCAVATION 7,250 CY 9.00 65,250 5 CLASS 6 ABC 987 CY 25.00 24,675 6 WATER WELL 5 EA 3,000.00 15,000 7 POND CONSTRUCTION 1 L.S. 5,000.00 5,000 8 12" PIP, IRRIGATION 480 LF 20.00 9,600 9 12" CMP 32 LF 25.00 800 10 18" CMP CULVERT 238 LF 32.00 7,616 11 24" CMP CULVERT 55 LF 38.00 2,090 12 36" CMP CULVERT 84 LF 75.00 6,300 13 CONCRETE IRRIGATION DIVERSION 1 EA 500.00 500 14 3' UTILITY TRENCH 3,135 LF 7.50 23,513 15 ELECTRIC SPLICE VAULTS 1 EA 500.00 500 16 ELECTRIC TRANSFORMER VAULTS 6 EA 500.00 3,000 17 ELECTRICAL BY UTILITY PROVIDER 1 L.S. 29,600.00 29,600 18 TELEPHONE BY UTILITY PROVIDER 1 L.S. 12,000.00 12,000 19 TOP SOIL PLACEMENT 400 CY 5.00 2,000 20 REVEGITATION 1 L.S. 2,500.00 2,500 SUBTOTAL 252,194 CONTINGENCY 10% 25,219 TOTAL 277,413 NOTES: a) Removal of top soil assumes an average depth of 1 foot after clear & grub, to be stock piled on site. b) All utility trench assumes conduit for electric, telephone per civil drawings. NOTE: This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. • ENGINEER'S QUANTITY TAKE OFF Ili MAYFLY BEND SE JOB NO. 20065.01 6/25/2002 ITEM COST COMPLETED 1 MOBILIZATION 12,000.00 8,000.00 2 ERROSION CONTROL 2,500.00 1,000.00 3 CLEAR AND GRUB, TOP SOIL REMOVAL 27,750.00 18,500.00 4 EXCAVATION 65,250.00 30,000.00 5 CLASS 6 ABC 24,675.00 6 WATER WELL 15,000.00 15,000.00 7 POND CONSTRUCTION 5,000.00 4,000.00 8 12" PIP, IRRIGATION 9,600.00 9,600.00 9 12" CMP 800.00 800.00 10 18" CMP CULVERT 7,616.00 11 24" CMP CULVERT 2,090.00 12 36" CMP CULVERT 6,300.00 6,300.00 13 CONCRETE IRRIGATION DIVERSION 500.00 14 3' UTILITY TRENCH 23,512.50 15 ELECTRIC SPLICE VAULTS 500.00 500.00 16 ELECTRIC TRANSFORMER VAULTS 3,000.00 3,000.00 17 ELECTRICAL BY UTILITY PROVIDER 29,600.00 29,600.00 18 TELEPHONE BY UTILITY PROVIDER 12,000.00 19 TOP SOIL PLACEMENT 2,000.00 20 REVEGITATION 2,500.00 TOTAL 252,193.50 126,300.00 PERCENT 50.08% 52 t4►81T- Two P,2 01 z NOTE: This opinion of problable construction quantities was prepared for budgeting purposes only. Soprls Engineering, LLC cannot be held responsible for ariances form this estimate. • • NOTICE TO LOT OWNER AND/OR BUILDING PERMIT APPLICANT PLEASE TAKE NOTICE that pursuant to the provisions of Section 9 of the Subdivision Improvements Agreement for Mayfly Bend Ranch Subdivision, in the event of any violation of the Agreement by Developers, George R. Kilby and Farley S. Kilby, Garfield County may withhold issuance of building permits. In addition, no building permit shall be issued with respect to any lot within the Subdivision until it has been demonstrated to the satisfaction of Carbondale and Rural Fire Protection District that adequate water is available for the Fire District's purposes at the site of construction. Although Developers posted a letter of credit for the benefit of the Board of Commissioners of Garfield County, in an amount sufficient to complete all subdivision improvements, Garfield County cannot provide any guarantee of a date certain when those improvements will be completed and therefore YOU ARE PROCEEDING AT YOUR OWN RISK. You are further advised that no Certificate of Occupancy shall be issued for any building or structure within the subdivision until all public subdivision improvements have been completed and are operational as required by the Agreement. Signature by the undersigned acknowledges receipt of a copy of this Notice and that the undersigned has read this notice and understands it. Lot Owner Date Lot Owner Date Building Permit Applicant/Contractor Date ''7131T ev a5 EMM URC E MOM ■•U•■ E N G I N E E R I N G INC. James Larson, Esq. 210 10' Street Glenwood Springs CO 81601 RE: Mayfly Bend Ranch - Water Quality Dear Jim: June 26, 2002 On behalf of Mr. George Kilby and Mayfly Bend Ranch, Resource Engineering, Inc. (RESOURCE) conducted pump tests and water quality testing at four wells which will serve the proposed subdivision. A fifth well, Mayfly Bend Well No. 1, was previously tested by Zancanella and Associates and was reported to have both an adequate physical yield and acceptable water quality. RESOURCE supervised pump tests at Mayfly Bend Wells Nos. 2 through 5 in April 2002. At that time water samples were taken and tested for coliform bacteria and nitrates/nitrites. All four wells exhibited adequate yield and quality to serve the proposed subdivision. The attached report by RESOURCE dated May 1, 2002 summarizes the results of the initial well tests. Subsequently RESOURCE sampled Mayfly Bend Wells Nos. 2 and 4 for Phase 11 and V inorganic drinking water parameters as requested by Garfield County. Wells 2 and 4 were chosen as representative of the aquifer characteristics since all five wells draw from the same alluvial aquifer. The two wells are located at opposite ends of the subdivision. The samples were tested by ACZ Laboratories, Inc. and the results are attached. The results show that the water quality meets or exceeds the acceptable drinking water standards established for the Phase II and V parameters. Sincerely, RESOURCE ENGINEERING, INC. 'cam Paul S. Bussone, P.E. Water Resources Engineer PSB/mmm 933-1.0 ji mayfly wells.933.wpd Attachments Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 • (970] 945-6777 ■ Fax (970] 945-1137 IRESOURC? ORME ZEIM E N GINEER 1 N 0 • Mr. George Kilby Caloia, Houpt and Hamilton, P.C. 1204 Grand Avenue Glenwood Springs CO 81601 RE: Mayfly Bend Wells I N C . May 1, 2002 Dear Mr. Kilby: At your request, Resource Engineering, Inc. supervised the pump tests at four wells on the proposed Mayfly Bend Subdivision on the Roaring Fork River near Carbondale in Garfield County, Colorado. We obtained water samples from each well for analysis at ACZ Laboratories, Inc. Our investigation also included a review of well permits and well logs for the wells. In summary, we found that all four wells; Mayfly Wells Nos. 2 through 5, exhibited the ability to provide a dependable and adequate physical water supply for the proposed development. Each well is able to divert in excess of the permitted 10 gpm without stressing the alluvial aquifer. The water quality is also acceptable. The analysis showed no coliform bacteria in any of the four wells and the Nitrate/Nitrite was well below the acceptable limits. The SEO well data base shows valid well permits for all four wells as follows: Mayfly Bend Well No. 2 Mayfly Bend Well No. 3 Mayfly Bend Well No. 4 Mayfly Bend Well No. 5 Permit No. 54865-F Permit No. 54866-F Permit No. 54867-F Permit No. 54868-F PUMP TEST RESULTS The pump test was conducted by Samuelson Pump Co., a licensed Colorado pump installer. Each of the four wells was pumped at a rate of 10 gpm or greater (No. 2, 15.8 gpm; No. 3, 10 gpm; No. 4, 15.8 gpm; No. 5, 14.5 gpm). Pumping was continuous for a period of four hours followed by a period of recovery. Drawdown and recovery data were recorded. Copies of the Well test Report data sheets are attached. In all cases drawdown was minimal, varying from 4'3/4" to 3-2' 1/2", and the drawdown stabilized after 30 minutes to 2 hours of pumping. Recovery was nearly instantaneous, (full recovery occurring in one to three minutes). It is our conclusion that the wells are completed in high porosity river alluvium consisting of boulders, cobbles, sands and gravels. This conclusion is supported by the well completion logs. Consulting Engineer's and Hydrologists 909 Colorado Avenue i< Glenwood Springs, CO 81 601 a (970) 945-6777 ti! Fax (970) 945-1137 • • Mr. George Kilby May 1, 2002 Page 2 WATER QUALITY RESULTS Samples were collected at each well and submitted to ACZ Laboratories for analysis. Copies of the reports are attached. The results show no coliform bacteria. The nitrate/nitrites are 0.16 to 0.32 mg/L which is much less than the 10 mg/I maximum allowable level established by the Colorado Department of Public Health and Environment. If you have any questions, please do not hesitate to call. Sincerely, RESOURCE ENGINEERING, INC. aul S. Bussone, P.E. Water Resources Engineer PSB/mmm 933-1.0 gk wells.933.wpd Attachments "'°RESOURCF B@06G ■GG6S n6126• e ZZ,A= F N R. 1 Nf F F F 1 N R PIP= -2.8 02 10:01p SaIson Pump Co, Inc. 970111 -947-9448 P. 3 ti 2 3 02 10:00p C 0 r a m m w Q a E a m Samuelson Pump Co, Inc. 970-947-9448 • • p.1 RECOVERY a "NSW 0 •- N () .0 N tD tD 0 01r 15 N0 0 0 N0 0 Il] M Q --v-1.-..4 ,„-_I cnrnr^ to �`N 4- MM l,n C. DRAWDOWN 1 2 d U._ w v tb- \ t� M cis- cY i s - ,. ‘, " : . . ? �- tk(H , a ( 1 ) s' ,� Z O.- N M �' in t0 m O 0 CV -4;1) --- 4 N 0 }r T 0 0 1 06 O N C , 0 u1 .rJ a -c3 re, (.010 9 02 10:O1p Samuelson Pump Co, Inc. N N 0 a a� m m c J 0 U N .0 CD N C CD CO fp CI C CO -i To E 3 a a E a 970-947-9448 p.2 RECOVERY Z O r N N< to co m O N r 1A s N 0 ,p , 50 0 cow 2 3 c 0 X_.... QZ O • LEVEL �`��� ......4., b `�.` Jo ti° • \k.. ( �� �• ` a. a_ 1 �.-- cy 1 ao V _--.. O r N O Q ‘ 11) r,. gt m O N T r 20 30 40 60 m 007 ;, coO '� Ui 2 c�� ` = ( - , s. 02 10:O1p SaSlson Pump Co, Inc. 9947-9448 p.5 0 0 76 m Date 4"?`3• c) `.2- Ni h• W 0 0 W 1 z O O CO 0 10 0 0 N o) O O O O m w f - O a DRAWDOWN a cs r - J W w J M 1 i a 1 z O N O O m CO O N T T 14) 0 N O O O 1() -s O O ro O O T L� 2 CC 0 n $;n t _n O • T • (-• 0 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: MAYFLY BEND RANCH Sample ID: *WEt:L#2 Inorganic Analytical Results ACZ ID: Date Sampled: Date Received: Sample Matrix: L36423-02 04110/02 00:00 04/11/02 Ground Water Wet Chemistry Parameter..< Cordons, total Lab Filtration Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved .Resu t ,:: F uaE :, ..t3x� s :.A f3f. £? �: it ate ... na At SM92228 - Membrane Fitter SM 3030 B Calculation: NO3NO2 minus NO2 0.21 M353.2 - Automated Cadmium 021 Reduction M3532 - Automated Cadmium Reduction U #/100mI 1 mg/L 0.02 ng/L 0.02 5 04/11/02 12:45 04/11)02 15:00 0.1 04/12)02 15:04 0.1 04/11/02 2125 ecr k: celc kirst U ng/L 0.01 0.05 04/11/02 2125 kirst Note: ACZ Laboratories does not maintain Colorado Dept. of Health Services certification for coliform analysis. '' 11'1 I I' :I ,i:r REPIN.01.11.00.01 L36423: Page 3 of 7 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: MAYFLY BEND RANCH Sample ID: WELL #3 ACZ ID: Date Sampled: Date Received: Sample Matrix: L36423-01 04/10/02 13:15 04/11/02 Ground Water Wet Chemistry Coliforms, total Lab Filtration Nitrate as N, dissolved Nitrate/Nitrite as N. dissolved PA i .34) kt #? ad...• :. .:::::>> : ::::;.;>:;:.>:: SM92228 - Membrane Filter SM 3030 B Calculation: NO3NO2 minus NO2 M3532 - Automated Cadmium Reduction Nitrite as N, dissolved M3532 - Automated Cadmium Reduction 0.32 0.32 �.ta.E ,33i1 11 #/100m mg- mg/L 1 5 04/11/02 12:37 04/114)2 14:54 0.02 0.1 04/12/02 15:04 0.02 0.1 04/114)2 2122 ecr calc kirst U mg/L 0.01 0.05 04/114)2 2122 kirst Note: ACZ Laboratories does not maintain Colorado Dept. of Health Services certification for coliform analysis. REPIN.01.11.00.01 L36423: Page 2 of 7 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: Sample ID: -MAYFLY #4 Inorganic 'Ana1yt cal Results ACZ ID: Date Sampled: Date Received: Sample Matrix: 1_36407-01 04109102 00:00 04110102 Ground Water Wet Chemistry Pararre r Colitor s, total Lab Filtration Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved EPA Method ••••• 2as03Y .: .i SM9222B - Membrane Filter SM 3030 B Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium I <•... Brits .... t�F£31 , . POL...,.,., Oats ..... Analyst U #/100m1 1 0.16 mg/L 0.02 0.16 mg/L 0.02 U mg/L 0.01 5 04/10/02 14:40 04/10/02 14:47 0.1 04/12/02 8:21 0.1 04/10/02 20:31 ecr haw calc ab 0.05 04/10/02 20:31 ab Reduction Note: ACZ Laboratories does not maintain Colorado Dept. of Health Services certification for coliform analysis. I REPIN.01.11.00.01 L36407: Page 2 of 7 ADZ Laboratories, Inc. 2773 Downhlli Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: Sample ID: MAYFLY #5 Inorganic Anaiytica Results ACZ ID: L36407-02 Date Sampled: 04/09/02 00:00 Date Received: 04/10/02 Sample Matrix: Ground Water Wet Chemistry Parattnate EPl4:utrttio d Result Clua 1 Units Rff#3L ... #?S t. i aiE�a .... ata? fit Coliforms, total Lab Filtration Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved SM92228 - Membrane Filter SM 3030 B Calculation: NO3NO2 minus NO2 024 M353.2 - Automated Cadmium 024 Reduction M3532 - Automated Cadmium Reduction U #/100m1 mg& mg& 1 5 04/10/02 14:50 04/11102 10:30 0.02 0.1 04/12/02 821 0.02 0.1 04/10/02 20:34 ecr lc calc ab U rrg/L 0.01 0.05 04/10/02 20:34 ab Note: ACZ Laboratories does not maintain Colorado Dept. of Health Services certification for coliform analysis. I REPIN.01.11.00.01 L36407: Page 3 of 7 • ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 • Resource Engineering, Inc. Project ID: Sample ID: Lot 1 Well inorganic Analytical: Results ACZ ID: Date Sampled: Date Received: Sample Matrix: L37102-01 05/30/02 11:15 06/03/02 Ground Water Metals Analysis Antimony, total recoverable Arsenic, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Sodium, total recoverable Thallium, total recoverable Metals Prep Parameter WG140839 WG140839 M200.7 ICP M200.7 ICP WG140839 M200.7 ICP M200.7 ICP WG140839 M245.1 CVAA M200.7 ICP WG140839 M200.7 ICP WG140839 EPA 1Nethdd Total Recoverable Digestion Total Recoverable Digestion Wet Chemistry M200.2 ICP -MS M200.2 ICP Parameter : EPA Method Cyanide, total Fluoride Lab Filtration Residue, Settleable Matter (SS) Sulfate M335.4 - Colorimetric wl distillation SM4500F-C SM 3030 B M160.5 - Volumetric M375.3 - Gravimetric Hrd tOrt 0.072 111...114 3.7 PREP PREP mg/L 0.003 0.01 06/16/02 2:17 bf U mg/L 0.002 0.01 06/16/02 2:17 bf PREP U mg/L 0.01 0.05 06/19/02 2:30 ct mg/L 0.01 0.05 06/16/02 2:17 bf PREP U mg/L 0.0002 0.001 06/05/02 17:28 kdw mg/L 0.01 0.05 06/19/02 2:30 ct PREP mg/L 0.3 1 06/16/02 2:17 bf PREP Result .Qua! Units- MDL PQL Result Dual =:' units' . MOL Date Anaiys' 06/12/02 16:05 Icj 06/11/02 9:05 dim PQL.- Date U mg/L 0.01 0.05 06/14/02 11:01 0.1 B mg/L 0.1 0.5 06/11/02 15:18 06/03/02 16:50 UH mUUh 0.2 1 06/04/02 7:30 90 mg/L 10 20 06/07/02 8:32 Anaiys kb hap ey ecr ey REPIN.01.11.00.01 Preliminary L37102: Page 1 of 7 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Inorganic Analytical Results Resource Engineering, Inc. Project ID: Sample ID: CN Trip Blnk ACZ ID: Date Sampled: Date Received: Sample Matrix: L37102-03 05/30/02 11:30 06/03/02 Ground Water Wet Chemistry Cyanide, total M335.4 - Colorimetric w/ distillation UH mg/L 1 0.01 0.05 06/14/02 11:03 kb REPIN.01.11.00.01 Preliminary L37102: Page 3 of 7 • ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Inorganic Reference Report Header Explanations Batch Found Limit Lower MDL PCN/SCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QCSampleTypes AS ASD DUP LCSS LCSW LFB Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water Laboratory Fortified Blank LFM LFMD LRB MS/MSD PBS PBW Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike/Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC SampieType Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. ACZ Qualifiers (Owl) B Analyte concentration detected at a value between MDL and PQL. H Analysis exceeded method hold time. pH is a field test with an immediate hold time. R Poor spike recovery accepted because the other spike in the set fell within the given limits. T High Relative Percent Difference (RPD) accepted because sample concentrations are less than 10x the MDL. U Analyte was analyzed for but not detected at the indicated MDL ✓ High blank data accepted because sample concentration is 10 times higher than blank concentration W Poor recovery for Silver quality control is accepted because Silver often precipitates with Chloride. X Quality control sample is out of control. Z Poor spike recovery is accepted because sample concentration is four times greater than spike concentration. (1) (2) (3) (5) (6) Comtlftents (1) (2) (3) EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600/R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste, Third Edition with Update III, December 1996. Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. REPIN03.11.00.01 Preliminary L37102: Page 4 of 7 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Quote #: CLIENT INFORMATION Name to appear on Report and Invoice Rs=so(i 1Z91•)Gt1JEe2 °Coci COL.Qt> o t G 01030 a SPD-,. Co 81 b© CHAIN of CUSTODY ACZ #: L3?cva. Carbon Copy: Report: Invoice: Attn: ?AUL ?)\..1556 NE Tel: S-(ori7 Attn: Tel: • 61)550Y1.e(i? itSOUYYQ-EJA . Ccw. Email: Email: N • Client Project name and/or PO#: Shipping Company: Tracking #: a m 0 U CS <i3N BKGND (3 ACZ CLIENT BO FliAse WW (Waste Water) • DW (Drinking Water) >ecify) White - Retum with sample. Preliminary Yellow - Retain for your records. L37102: Page 7 of 7 RELINQUISHED BY: V / .. DATE:TIME S 3e,2vie RECEIVED BY: S •, DATE:TIME -3 •off PAGE c Of C White - Retum with sample. Preliminary Yellow - Retain for your records. L37102: Page 7 of 7 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Sample Receipt ACZ Project ID: Date Received: Received By: L37102 6/3/1902 Sample Container Preservation.: SAMPLE CLIENT ID R<2 G< 2 Y<2 YG< 2 B<2 BG<2 0<2 T>12 P>12 NIA RAD L37102-01 Lot 1 Well Y Y L37102-02 Lot 4 Well Y Y L37102-03 CN Trip Bink Y REPAD.03.11.00.01 Preliminary L37102: Page 6 of 7 • • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • Resource Engineering, Inc. Sample Receipt ACZ Project ID: Date Received: Received By: L37102 6/3/02 ceipi V'ctso 1) Does this project require special handling procedures such as CLP protocol? 2) Are the custody seals on the cooler intact? 3) Are the custody seals on the sample containers intact? 4) Is there a Chain of Custody or other directive shipping papers present? 5) Is the Chain of Custody complete? 6) Is the Chain of Custody in agreement with the samples received? 7) Is there enough sample for all requested analyses? 8) Are all samples within holding times for requested analyses? 9) Were all sample containers received intact? 10) Are the temperature blanks present? 11) Are the trip blanks (VOA and/or Cyanide) present? 12) Are samples requiring no headspace, headspace free? 13) Do the samples that require a Foreign Soils Permit have one? YES NO NA J J J J J J Exceptions: you attswcred o auy" o he above'questions, please describe N/A Vortta el=xe , the. Bent Ifo x N/A riilt Cooler Id Temp (°C) Rad (µR/hr) ACZ 17.9 13 REPAD.03.11.00.01 Preliminary L37102: Page 5 of 7 HIGH COUNTRY APPRAISAL ASSOCIATES Real Estate Appraisers and Consultants May 17, 2002 Mr. George Kilby 505 Sandy Lane Anniston, Alabama 36207 Re: KILBY (MAYFLY BEND) PROPERTY North of County Road 100 Part of Sections 35 & 36, T. 7 S., R. 88 W. of the 6th P.M. Garfield County, Colorado Dear Mr. Kilby: At your request I have inspected the above referenced property for the purpose of estimating the market value of the fee simple estate interest, excluding the impact on value of any existing or ongoing subdivisions or subdivision applications, as well as physical improvements made in connection with subdivision of the property. The property is an approximately 40.61 acre parcel located about 1,450 feet north of Garfield County Road 100, about 1.5 miles east of the town of Carbondale, in southeastern Garfield County, Colorado. This report communicates the results of a complete appraisal of the subject property. This is a summary appraisal report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Practice for a summary appraisal report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report; any and all third parties are cautioned against relying upon the conclusions and opinions herein for any other than the stated purpose. IDENTIFICATION OF THE PROPERTY: I have not been provided with a legal description of the subject property. To my knowledge, the most current legal description is contained in a deed dated December 30, 1999 and recorded in the Garfield County Clerk and Recorder's Office in book 1 166 at page 920. My description of the subject property is based on a "Preliminary Plan Site Map" for "Mayfly Bend Ranch" prepared by Sopris 2001398 16 N. Fourth Street — P rl Rnv 7 — (`arhnnr+-o,. r`r) • • Mr. George Kilby May 1 7, 2002 Page 2 Engineering of Carbondale, Colorado, and dated July 12, 2000. The property is also identified by Garfield County tax map parcel number 2393-362-00-015, and by tax schedule number 005767. OBJECTIVE OF THE APPRAISAL: The purpose of this appraisal is to estimate the market value, as defined herein, of the fee simple estate interest in the subject property, treating it as "raw land" without any level of subdivision approval and without any physical improvements made to the property or its access in connection with the Mayfly Bend Ranch Subdivision. The fee simple estate is defined as "absolute ownership unencumbered by any other interest or estate subject only to the four powers of government" by the Dictionary of Real Estate Appraisal, Second Edition. Market value is defined as "the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under the conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and each acting in what he considers his own best interest; c. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Exposure time, as referenced in "c" above, is estimated at 12 to 18 months. PURPOSE OF THE APPRAISAL: It is my understanding that the appraisal is required as evidence of value for school impact fee purposes, in connection with an existing or proposed subdivision of the subject property. SCOPE OF THE APPRAISAL: The scope of this appraisal includes a physical inspection and photographing of the subject property, conducting an inspection of all comparable sales used, and ascertaining the characteristics of the area and neighborhood. Data pertaining to the subject property has been obtained from my physical inspection, public records, the client, and a previous appraisal of the larger property (the Gerbaz Ranch) from which the subject property was divided. I inspected the property for the purpose of this assignment on May 14, 2002. 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 3 The scope of this appraisal includes investigation of applicable zoning and planning information, and development of conclusions of highest and best use. Comparable sale data is collected from sources that include, but are not limited to, Realtors, buyers, sellers, attorneys, and the applicable Multiple Listing Service. All market data has been confirmed with a party to the transaction, a Realtor or attorney involved in the sale, Multiple Listing Service published (or electronically transmitted) data, and/or an appraiser who is believed to constitute a reliable source. The sales comparison approach is used to estimate the value of the subject property, based upon comparison with sales of vacant land with similar potential in the subject area. This approach is typically the only applicable indicator of value for vacant land. The cost and income approaches are not considered applicable, and are not used in estimating the value of the subject property. AREA AND NEIGHBORHOOD DATA: The subject property is located in the mid -valley portion of western Colorado's Roaring Fork River valley. The area includes the towns of Basalt and Carbondale, which define the eastern and western ends of the area, respectively. Colorado Highway 82 is the primary highway artery serving the area. It provides access to the Aspen area, 18 miles southeast of Basalt, and to Glenwood Springs and Interstate Route 70, 12 miles northwest of Carbondale. Interstate 70 is the major east -west highway in Colorado, providing access to Denver and Grand Junction. Highway 82 provides access to U.S. Highway 24 and the upper Arkansas River valley between May and November via Independence Pass. Colorado Highway 133, which intersects Highway 82 near Carbondale, provides access to the North Fork valley of the Gunnison River, and to the city of Delta, to the south. Local bus service is available between Aspen and Glenwood Springs. Intercity bus service (Greyhound) is available in Glenwood Springs, as is rail passenger service (Amtrak). Regularly scheduled airline service is available at the Aspen/Pitkin County Airport, 15 miles southeast of Basalt. The Basalt/Carbondale area is the fastest growing portion of the Roaring Fork Valley, the result of unsatisfied demand from nearby Aspen and Pitkin County. Population figures for the Roaring Fork Valley are presented in the following table: 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 4 Roaring Fork Valley Population Figures 1980 1990 % Change 2000 % Change Aspen 3,678 5,049 37.3% 5,914 17.1% Snowmass Village 999 1,449 45.0% 1,822 25.7% Pitkin County 10,338 12,661 22.5% 14,872 17.5% Basalt 529 1,128 113.2% 2,681 137.7% Garfield County 22,514 29,974 33.1% 43,791 46.10/0 Carbondale 2,084 3,004 44.1 % 5,196 73.0% Glenwood Springs 4,637 6,561 41.5°1° 7,736 17.9% Source: U.S. Census Bureau Carbondale's population grew from 736 in 1970 to 2,084 in 1980, an increase of 183.2%; As shown, population increased 44.1 % during the 1980's, and the rate of increased reached 73.0% for the 1990's. Garfield County population grew at a rate around 65% to 75% of that experienced in Carbondale. Basalt population statistics reflect substantial increases due to annexations; actual population growth in the Roaring Fork valley portion of Eagle County, which includes most of the Town of Basalt, is in the range experienced by Carbondale and Garfield County. The population growth potential of Carbondale and its environs remains substantial. The mid -valley area is strongly influenced by rapid economic growth in the Aspen/Snowmass resort area. A limited supply of private lands and restrictive zoning codes in Pitkin County have forced workers in Aspen and Snowmass to down -valley locations. As a result, the rate of population growth in the mid -valley area is higher than in Aspen or Snowmass. This pattern is expected to continue into the foreseeable future. The area's economy is based primarily on tourism and construction trades, on its role as a "bedroom community" serving low to middle income persons employed in the Aspen area, and increasingly on affluent retirees and "lone eagle" businesses. The economic impact created by the Aspen area is heightened by the very limited inventory of affordable housing in Pitkin County. The area does not have any large industries or small grouping of major employers, but does have many small commercial/industrial uses that tend to be related to the construction industry. These are currently part of unprecedented levels of economic activity in the area. Government and services are other significant employment sources. The mid -valley area experienced very rapid growth in residential construction between 1974 and 1980, and again between 1987 and 1990. Residential value levels increased rapidly during those periods, with a stretch of stable population and declining values in 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 5 the interim. Due to the housing situation in Pitkin County, growth pressures are substantial and create a boom economy when effective demand is present. The area experienced steady moderate growth from early 1990 to late 1992, with increasing activity through 1993 and early 1994. By late summer of 1994, growth in the mid -valley area was occurring at boom levels, with rapidly increasing property values. Activity slowed during the winter of 1994/95, but resumed at unprecedented levels until late 2001. The national economic slowdown in and political uncertainty of late 2001 have apparently had a limited effect on the local real estate market, beyond depressing demand to levels somewhat nearer to the available supply. Neighborhood shopping facilities are available in Basalt, El Jebel and Carbondale, and regional facilities are located in Aspen and Glenwood Springs. The public schools in the mid -valley area are part of the Roaring Fork School District, and private school opportunities are available in Carbondale and Aspen. Colorado Mountain College, a junior college located northwest of Carbondale, offers a wide variety of adult education programs, and has attendance centers in Basalt and Carbondale. Good hospital facilities are available in Aspen and Glenwood Springs. Police protection is provided by municipal and county forces as applicable, and fire protection by volunteer departments headquartered in Basalt and Carbondale. Climate, environment and abundant recreational opportunities are major elements in the area's economy. Winter sports facilities include the four Aspen ski areas, excellent nordic skiing opportunities that include groomed trail systems in the Aspen and Carbondale areas, and the Hot Springs Pool in Glenwood Springs. The area is surrounded by the White River National Forest, which offers exceptional scenic beauty, and hiking, camping, hunting and off-road biking opportunities. The area's rivers, such as the Frying Pan and Crystal, are noted for excellent fishing. These environmental and recreational attributes are the primary reason for the strength of the area's tourism -oriented economy. The property's neighborhood is defined as those portions of unincorporated Garfield County located on the floor of the Roaring Fork River valley between Carbondale on the west and the Eagle County line, just west of the hamlet of El Jebel, on the east. The neighborhood is bounded on the north by the Missouri Heights area, as physically delineated by an escarpment, and on the south by primarily public and undeveloped lands, also delineated by a steep escarpment. The southern boundary of the valley is also defined by the former Denver & Rio Grande Western Railroad right-of-way. The neighborhood generally lies on either side of Colorado Highway 82, which passes through from west to east. Highway 82 is a restricted access four -lane highway through the neighborhood. The only other significant public road serving the valley floor is Garfield County Road 100, which extends from the eastern edge of Carbondale to the approximate mid -point of the neighborhood before rising to the Missouri Heights area to the north. County Road 100 provides access to the Missouri Heights area to the north of 2001398 High Country Appraisal • • Mr. George Kilby May 17, 2002 Page 6 the neighborhood, as does County Road 103. County Road 104, serving a low mesa area north of Highway 82 in the central portion of the neighborhood, is the only other public road of significance. The bulk of land area within the neighborhood is devoted to agricultural uses including cattle ranches and equestrian operations. In terms of number, single family residences on lots of one-half to ten acres are the primary use. The major large residential projects within the neighborhood are the Ranch at Roaring Fork, a mixed-use planned unit development (PUD) located in the central portion of the neighborhood south of Highway 82, the Cerise Ranch, a single family development proposed at the east end of the neighborhood, Aspen Equestrian Estates, a residential/equestrian development at the intersection of Highway 82 and County Road 100, St. Finnbar Farms, a low-density residential development on the west side of County Road 100, and Wooden Deer subdivision, a low-density development immediately north of County Road 104. Smaller residential subdivisions include Roaring Fork Preserve and Mayfly Bend, adjacent parcels north of County Road 100. There is limited commercial and industrial development in the neighborhood including a veterinary hospital, the Catherine Store and gasoline station, a nightclub, and a log -home construction site. Other uses include a Waldorf school, the former distribution site for Mid -Continent Resources (a defunct coal -mining operation), two gravel quarries, a nursery, and a large mini-warehouse/light industrial project under construction. Land use has been in transition from agricultural to residential uses for 30 to 40 years, with the bulk of existing homes having been constructed since 1970. The Ranch at Roaring Fork was originally developed in the early 1970's and is nearly fully built-up at this time. Outside of that project, new single-family residential development has occurred at a slow pace until very recently. Wooden Deer Subdivision was developed in the early to mid -1990's, and the other developments, all of which were begun or proposed within the past three years, have had limited market exposure at this time. Considering high demand for all forms of housing and a decreasing supply of developable land in up -valley locations, it is likely that substantial portions of existing ranches will be converted to medium to low-density residential uses into the foreseeable future. The potential exists for additional commercial and/or light industrial development in the neighborhood, although there is strong public pressure against these uses in the Highway 82 corridor between El Jebel and Carbondale. It is likely that additional light industrial development will occur along the south side of County Road 100 east of and including the Mid -Continent site; this area is currently zoned for such uses. The subject property is located in the southwestern portion of the neighborhood between County Road 100 and the Roaring Fork River; it is approximately 1.5 miles east of Carbondale. The previously referenced mini-warehouse/light industrial development is located across County Road 100 to the south. 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 7 The subject property is located in a neighborhood characterized by a historically slow but recently accelerating transition from historical agricultural uses to single-family residential development. This area represents a potential expansion area for housing in the valley since most areas closer to Aspen are nearing their full build -out. The type, rate and quantity of new development within this area will depend in part on the availability of sewer service. Properties lacking the opportunity to access centralized sewage treatment facilities will likely transition to low-density uses (at least four to five acres per unit), and properties with access to sewage treatment facilities will likely be developed at densities ranging from one to two units per acre. We anticipate a continuation of a moderate rate of growth for property lacking access to sewage treatment facilities, and potentially rapid development of residential uses on properties with access to such facilities. The neighborhood has average linkages to employment centers, schools, public transportation, shopping, entertainment and other community resources. Overall market appeal is considered average, although sites with Roaring Fork River frontage exhibit good market appeal; proximity to busy Highway 82 is a negative factor. Property values have increased at moderate to rapid rates over the past several years and we anticipate that this pattern will continue into the foreseeable future. PROPERTY DESCRIPTION: The subject property is located north of County Road 100 in Garfield County, approximately 1.5 miles east of the town of Carbondale. County Road 100 is a two-lane road providing access to Carbondale to the west, and to Highway 82 and the Missouri Heights area to the east and north; it is chip -seal surfaced and in average condition. The property is slightly irregular in shape. It has no public road frontage; access is via adjoining property under the same ownership (located adjacent to the north side of the subject parcel) which in turn is accessed via private right-of-way. The property measures approximate 2,040 feet in width (east -west), with north -south dimensions between irregular northern and southern boundaries ranging between approximately 600 and 1,040 feet. The parcel contains an area of 40.61 acres. It is generally level, sloping very slightly downward to the west and north. View amenity is average. The property has about 400 feet of frontage on the Roaring Fork River (at its northeast corner), and about 20% of the property, primarily areas in the northeastern and northwestern corners of the parcel, lies within a 100 year flood plain as identified by Sopris Engineering. A site plan is attached at page 18. The site plan is a copy of a plan for a proposed subdivision of the property; neither the subdivision nor the new access directly from County Road 100 are considered in this appraisal. Electricity and telephone service are available near the property line; natural gas service is nearby. The property does not include a domestic water supply or septic system. Portions of the parcel are irrigated, with irrigation water derived from high seniority rights. Aside from some fencing, the property is unimproved. 2001398 High Country Appraisal Mr. George Kilby May 1 7, 2002 Page 8 I have not been provided with a title report for the subject property. It is assumed that title is good and marketable, and that no adverse easements, encroachments, or encumbrances exist. Small portions of the property are located within an identified flood hazard area; this does not significantly reduce its utility. No evidence of any problems relating to hazardous substances on or in the subject property was noted during my inspections. I have no expertise in the detection or identification of such substances. The property's known history indicates no unusual potential for the presence of such substances, and it is assumed that no hazardous conditions relating to such substances exist on or in the property. HISTORY: The current owners of record are George R. Kilby and Farley S. Kilby. The property was acquired from Dennis Gerbaz, Trustee, on December 30, 1999, by deed recorded in book 1 166 at page 920. The purchase price was $791,900, or $19,500 per acre. The owners have since sought to gain approval for a four -lot subdivision of the property, to be known as Mayfly Bend Ranch; any impact on value resulting from these efforts is not included in this appraisal. ZONING: The subject property is zoned Agricultural/Residential/Rural Density. This is an agricultural/residential zoning classification involving a minimum lot size of 2 acres. Uses permitted by right include single family residential and agricultural uses. Maximum lot coverage is 15%, and maximum building height is 25 feet. Two off-street parking places are required for each residential unit. The County's master plan calls for lower than permitted density (one unit per five acres or more) in areas lacking sewage treatment facilities. The existing uses of the subject property as of the date of appraisal appear to be in conformance with applicable laws. HIGHEST AND BEST USE: Highest and best use, as defined by the Dictionary of Real Estate Appraisers, is "the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability." It is implied in this definition that the determination of highest and best use takes into account the contribution of a specific use to the community and community development goals as well as the benefits of that use to individual property owners. The subject property is physically suited for many uses, including permitted uses such as agriculture and single family residential. Agriculture is not a financially feasible use of the property, as it cannot provide an acceptable return on investment, due in part to the subject's small size. The property's physical attributes make it attractive for medium to low density residential development. The property has little potential for higher density development due to an absence of the availability of sewage treatment facilities. 2001398 High Country Appraisal Mr. George Kilby May 1 7, 2002 Page 9 Comparable Sales - Kilby Property Sale Location Size River Front Sale Date Book/Page Unit Price 1 Subject Property 40.61 Acres RF River 12/30/99 1166/920 $19,500 North of County Road 100 Limited Garfield County 2 Callicotte Ranch 2369 County Road 103 Garfield County 180.073 Acres None 3/12/01 1239/77 $9,122 3 Part of Gerbaz Ranch North Side County Road 100 Garfield County 90.19 Acres RF River 4/20/00 1183/436 $19,692 4 Blue Creek Ranch 3220 County Road 100 Garfield County 80 Acres RF River 9/28/00 1209/694 $53,906 5 Peronelle Philip Property 23 Acres ± RF River 10/25/01 1297/427 $82,609 0187 County Road 100 Garfield County 6 Beulah Wilson Property 29.20 Acres Crystal County Road 109 River Garfield County 2/11/00 1172/983 $60,000 Subject Property 40.61 Acres RF River 05/14/02 Limited 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 10 Based upon the property's location, physical characteristics, and applicable planning and zoning considerations, it is my opinion that the highest and best use of the property is for low density residential uses, most likely at a density no higher than five acres per dwelling unit. APPRAISAL PROCESS: The subject property consists of vacant land. The sales comparison approach will be used to estimate the value of the property based on a comparison with recent sales of similar property. Neither the cost approach nor the income approach is considered applicable to vacant land, and neither is used. SALES COMPARISON APPROACH: In estimating the value of the subject property, I have analyzed six sales of comparable properties located in the subject area. I have used dollars per acre as the unit of comparison. The subject property is relatively unique; as a result, the sales available tend to be much larger or smaller. The comparable sales are summarized in the table on the facing page. My comparison of each sale with the subject parcels is presented on attached adjustment grids, beginning at page 20, and subject property and sale location is depicted on an attached sale location map (Page 19). The following narrative presents summary information on each sale used in estimating the value of the property, and a description of adjustments made on the attached adjustment grids. Sale 1 is the late 1999 purchase of the subject property by the current owners, as previously described in this appraisal report. The property is assumed to be physically unchanged since that time. I have made a 21 % upward adjustment to the sale price to reflect changes in market conditions between the sale date and late 2001, resulting in an indicated current value for the subject property of $23,595 per acre. Sale 2 is the recent sale of the Callicotte Ranch, located on the west side of County Road 103 about two miles north of the subject property. The Estate of Stephen H. Callicotte sold this property to Rocky Mountain Mansions III, LLC on March 20, 2001. The price was $1,642,600 cash to the seller. Terms and conditions of this sale were verified with the sellers, the buyer, and the listing Realtor. This 180.073 acre ranch includes about 34 acres of irrigated land, and has very good view amenity. It is improved with an older residence in poor condition, and miscellaneous sheds; these improvements made no contribution to value. The property had been listed for $2,500,000; the substantial difference between asking and sale price is due to (1) the existence of a small former sanitary landfill and a county road right-of-way discovered subsequent to listing of the property, and (2) unsophisticated sellers who were intimidated by an aggressive buyer. In comparing this sale to the subject, I have first made a 20% upward adjustment for conditions of sale, resulting in an adjusted price of $10,946 per acre. I have made a 6% upward adjustment for changing market conditions, resulting in an adjusted price of $11,603 per acre. The subject has a slightly superior location. Its smaller size would 2001398 High Country Appraisal • • Mr. George Kilby May 17, 2002 Page 11 typically command a higher unit price. Its river frontage adds value by comparison; its view amenity is inferior. It lacks the sale's well and septic system. An upward adjustment is made to reflect the impact of an abandoned landfill and site clean-up requirements on the sale price. After adjustment, this sale indicates a unit value for the subject property of $25,527 per acre. Sale 3 is the 2000 sale of an adjacent portion of the former Gerbaz Ranch. Dennis Gerbaz as Trustee sold this final portion of the ranch to Roaring Fork Preserve LLC on April 20, 2000. The price was $1,776,000 cash to the seller. Terms of this transaction were verified with the seller, Dennis Gerbaz, and with Chris McMorris of Roaring Fork Preserve LLC. The buyer has developed the parcel into a nine lot subdivision. This 90.19 acre parcel includes some frontage on the Roaring Fork River, and is about 70% irrigated. It is generally level, and is unimproved. Zoning is identical to the subject. In comparing this sale to the subject, I have made a 17% adjustment for changing market conditions, resulting in an adjusted unit price of $23,040 per acre. The subject location is slightly inferior, lacking direct public road access. Its smaller size would typically command a higher unit price. The subject's river frontage is inferior. The subject has an inferior percentage of irrigated area. After adjustment, this sale indicates a unit value for the subject property of $21,427 per acre. Sale 4 is the sale of the Blue Creek Ranch, an approximately 80 acre parcel located on the southeast corner of Highway 82 and County Road 100, about two miles east of the subject property. The property was sold on September 28, 2000 from William J. and Jayne M. Gilligan to Blue Creek Land Holdings LLC for $4,312,500 cash to the sellers. Details of this transaction were verified with Brian Hazen, the selling Realtor. The property is generally level land with Roaring Fork River frontage, average view amenity, several ponds, and good water rights. It includes an extensive riparian area (the southern half of the parcel) with outstanding mature trees including ponderosa pine and cottonwoods; much of this area is within the 100 year flood plain. The property's approximately 33 acres of irrigated land is located adjacent to Highway 82. A complex of a luxury older residence and several barns lies in the center of the property and includes ponds and extensive landscaping. Public records indicate that the 14 -room house, dating to 1886, contains 7,116 square feet; the Realtor believes that this overstates size by about 15%. A main barn includes a three-bedroom, two -bath caretaker apartment. There is also a detached garage and miscellaneous outbuildings. The contributory value of these improvements is estimated at $500,000. The buyer reportedly plans to subdivide the property. I have made a 12% upward adjustment for changing market conditions, resulting in an adjusted unit price of $60,375 per acre. The subject location is considered inferior. Its smaller size would typically command a higher unit price. Its river frontage is inferior. It has superior topography and a smaller percentage of flood plain. It lacks the existing wells and septic systems located on the sale property. The subject lacks the sale's extensive improvements and its ponds and landscaping. After adjustment, this sale indicates a unit value for the subject property of $41,055 per acre. 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 12 Sale 5 is the Peronelle Philip property; it is located on the south side of the Roaring Fork River and north of County Road 100 and is about 4000 feet west of the subject. The property was sold from Peronelle Philip to Thomas H. Bailey on October 25, 2001. The price was $1,900,000 cash to the seller. Details of this transaction were verified with Lynn Kirchner, a Realtor representing the buyer. The purchaser bought this property as part of a purchase of three adjoining riverfront parcels, totaling about 32 acres, for over $4,200,000. He owns a large riverfront parcel across the Roaring Fork River from these properties, and has undertaken substantial improvement of the riparian zone and river channel; this purchase was intended to further that work. This approximately 23 acre parcel is generally level, with Roaring Fork River frontage and limited flood plain area. It offers good view amenity, and is partially irrigated. The property was improved with a modern barn with residential apartment. Site improvements included ponds and landscaping. The property owner reportedly plans to demolish this structure. In comparing this sale to the subject, I have made a 20% downward adjustment for buyer motivation, resulting in an adjusted unit price of $66,087 per acre. No adjustment for market conditions is necessary. The subject's larger size would typically command a lower unit price. Its river frontage, topography and views are inferior. It lacks the well and septic system found on the sale property. After adjustment, this sale indicates a unit value for the subject property of $29,739 per acre. Sale 6 is the 29.2 acre Beulah Wilson property, located just west of Carbondale at the intersections of County Roads 108 and 109, about three miles west of the subject property. The Beulah H. Wilson Family Company sold the property to Colorado Rocky Mountain School, Inc. on February 11, 2000. This purchase represented the exercise of an existing purchase option. Total consideration, including the option price, was approximately $1,750,000, or about $60,000 per acre. Terms were cash to the seller. Details of this sale were verified with James Laframboise, the business manager for the purchaser. This property consisted of a 5.24 acre parcel on the south side of County Road 108, a 5.73 acre parcel located on the northwest corner of County Roads 108 and 109, and an 18.23 acre parcel located on the northeast corner of County Roads 108 and 109. The latter parcel includes about 1,700 feet of Crystal River frontage, and is irrigated. The 5.73 acre parcel is partially irrigated, and includes two older houses, a small barn, a detached garage, and four wood frame sheds. These improvements are not considered to have contributed to property value. Electricity, telephone, and natural gas service are available; wells and septic systems exist on the property. Zoning is identical to the subject. In comparing this sale to the subject, I have made a 19% upward adjustment for changes in market conditions since the sale date, resulting in an adjusted unit price of $71,400 per acre. The subject's location is considered comparable without adjustment. Its larger size would typically command a lower unit price. The subject has inferior river frontage, and inferior view amenity. It lacks the wells and septic systems, and extent of irrigation water rights, included with the sale property. After adjustment, this sale indicates a unit value for the subject property of $28,560 per acre. 2001398 High Country Appraisal • • Mr. George Kilby May 1 7, 2002 Page 13 These six sales, as adjusted, indicate a range of unit value for the subject property of $21,427 per acre to $41,055 per acre. Least emphasis is placed on Sale 4, which is considered to have superior development potential, and included extensive improvements. Most emphasis is placed on Sales 1 and 3, which are the subject property and an adjacent portion of the original Gerbaz ranch; they are considered indicative of the lower limits of value due to seller motivation. Based on this analysis, it is my opinion that the subject has a unit value of $25,000 per acre, or $1,015,000 (rounded). RECONCILIATION AND FINAL VALUE ESTIMATE: The sales comparison approach has been used to estimate the value of the subject property at $1,015,000, based on a comparison with the best available sales of similar properties. This approach is typically the only one considered reasonably applicable to the valuation of vacant land. The cost and income approaches were not considered applicable to this appraisal problem, and were not used. Based upon the facts and data set forth in this appraisal report, it is my opinion that the market value of the fee simple estate interest in the subject property, subject to the certification, assumptions and limiting conditions contained in this report, as of May 14, 2002 is: ONE MILLION FIFTEEN THOUSAND DOLLARS ($1,015,000) Based on the exposure time for comparable sales considered in this appraisal, and upon current market conditions, marketing time for property such as the subject, as of the date of appraisal, is estimated at twelve to eighteen months, assuming offering at a price within 50/0 to 10% of the appraised values set forth above. This appraisal is made for the purpose of estimating "raw land" value for use in determining a school impact fee assessment in connection with a proposed subdivision of the property, and thus does not reflect the value of partial or full land use approvals and partial physical improvements associated with the subdivision. The "as -is" market value of the property as of the date of appraisal would likely be somewhat higher than the value estimate set forth above. 2001398 High Country Appraisal 1 1 II i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • Mr. George Kilby May 1 7, 2002 Page 14 The above value estimates are made subject to the existence of water rights adequate for historic levels of irrigation on the property, and contingent upon retention of said rights with the property. Please call if you have any questions. Thank you for the opportunity to be of service. Respectfully Submitted, William K. Gray, MAI Certified General Appraiser Colorado License Number CG01313605 2001398 Mr. George Kilby May 1 7, 2002 Page 15 Certification I certify that, to the best of my knowledge and belief, ... the statements of fact contained in this report are true and correct. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. my compensation is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The appraisal assignment is not based on a requested minimum valuation, specific valuation, or the approval of a loan. my compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. no one provided significant professional assistance to the person signing this report. I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, I, William K. Gray, have completed the requirements under the continuing education program of the Appraisal Institute. As of the date of this report, my state certification has not been revoked, suspended, canceled, or restricted. May 1 7, 2002 William K. Gray, MA Certified General Appraiser Colorado License No. CG01313605 Expiration Date 12/31/03 2001398 High Country Appraisal • • DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE MAYFLY BEND RANCH HOMEOWNERS ASSOCIATION, INC. (COLORADO NONPROFIT CORPORATION) FILE # 20021134399 WAS FILED IN THIS OFFICE ON May 17, 2002 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: May 17, 2002 SECRETARY OF STATE .juin liresser,Jr. hsq. • • ARTICLES OF INCORPORATION FOR A NONPROFIT CORPORATION Form 7.122.102.1 revised 11/302000 Filing fee: $50.00 This document must be typed or machine printed. If more space is required, continue on attached 8Y" x 11" sheet(s). Deliver 2 copies to: Colorado Secretary of State, Business Division, 1560 Brosdway, Suite 200, Denver, CO 80202-5169 Please include a typed or machine printed, self-addressed, envelope. For filing requirements, see §§ 7-90-301 and 7-122-102, Colorado Revised Statutes For more information, see the Citizen's Guide to the Business Division on our Web site, www.sos.state.co.us Questions? Contact the Business Division: voice 303 8942251, fax 303 8942242 ore -mail sos.business@state.co.us AOov l¢] 002 20021134 99 L $ 100.00 SECRETARY OF STATE 05-17-2002 14:42:57 E SPACE FOR OFFICE USE ONLY The undersigned, acting as the incorporator of a nonprofit corporation pursuant to § 7-122-102, Colorado Revised Statutes (C.R.S.), delivers these Articles of Incorporation to the Colorado Secretary of State for filing, and states as follows: 1. The entity name of the nonprofit corporation is. MaynY Bend Ranch Homeowners Association, Inc. The entity name of a nonprofit corporation may, but need not, contain the term "corporation', "incorporated", "company", or "limited" or any abbreviation of these terms, §7-90-601(3) (b), C.R.S. 2. The address of the initial principal office of the nonprofit corporation is• PO Box 1856, Carbondale, CO 81623 3. The name, and the business address, of the initial registered agent for service of process on the nonprofit corporation are: Name John C. Dresser, Jr. Business Address (must be a street or other physical address In Colorado) 33 Pinto Circle, Snowmass Village, CO 81615 If mail is undeliverable to this address, ALSO Include a post office box address: PO Box 5054, Snowmass Village, CO 81615 4. Signature of the initial registered agent consenting to the appointment 5. The nonprofit corporation (-4 check appropriate box) n will have voting members will not have voting members 6. The provisions not inconsistent with law regarding the distribution of assets on dissolution are as follows: No member or private Individual shall be entitled to corporation assets upon dissolution. 7. The name(s) and address(es) of the incorporator(s) is(are): Name(s) John C. Dresser. Jr. Address(es) 33 Pinto Circle, PO Box 5054 Snowmass Village, CO 81615 8. The address to which the Secretary of State may send a copy of this document upon completion of filing (or to which the Secretary of State may return this document if filing is refused) is: PO Box 5054, Snowmass Village, CO 8t1615 Incorporator dividual 's signature) Signer's Name -printed John C. Dresser, Jr. OPTIONAL. The electronic mail and/or Internet address f r this entity is/are. o -mail Web site The Colorado Secretary of State may contact the following authorized person regarding this document: name address PO Box 5054. Snowmass Village, CO 81615 voice 970-920-0244 fax 970-923-2682 e-mail jdresser(rDrof.net John C. Dresser, Jr rain, xd .N' nletae tr :rul[l.enl ere nn ,,,alai 10 p.o.e.: I,I Mac. of . uJ.;.t -d etc aRood off o poNic etmee wnww rcpoaw;en m wo.eny. Wlulr t* faw W 1rllc.d , o4�b 1nnI11I1tI111 Irpt rcquvcmalt u orlu,r.d;m dai., mnri;an,:, wit eP Leeblc lea, . ,he ..mc may be emmded tap tune to dot, nmalm tie eegm.n.;Fn'liyne tAcvxr 01016 T. Qoat:t,. dould 6c eddr.a,ed 10 Oe ueen eperee). III Hill 111111 11111 111111 11111 IIIII 11111 1111 1111 • 4- 1 603995 05/23/2002 01:56P B1357 P209 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO DEED OF EASEMENT THIS DEED OF EASEMENT, is made and granted this /i day of ,p/'04 ' , 2001, by George R. Kilby and Farley S. Kilby, GRANTORS, in favor of, Roaring Fdrk Preserve, LLC, a Colorado limited liability company, GRANTEE. WITNES SETH: The Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, do hereby grant, convey, and quit claim unto said Grantee, its successors and assigns, a perpetual non-exclusive emergency access easement over and across the property described in Exhibit A attached hereto and incorporated herein by this reference. Said easement shall be for emergency access purposes, including the right to construct, repair and maintain a roadway thereon sufficient for use by emergency vehicles. The Grantee shall have the right to enter upon said premises for said purposes. The provisions of this easement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Grantors have executed this Deed of Easement the day and year first above written. George R. Kilb STATE OF a ce 0 COUNTY OF 6,r---1); /`-f % .e ) ss. Farley S. Kilb Subscribed, sworn to, and acknowledged j-,- , 2001, by George R. Kilby. Witness my hand and official seal. r before me this / Ci7ay' 1of �`�J / f [ -o„ 0 \' Notary Public z My commission expires: 6 8 - o�" � y • s. 1;\% STATE OF 0 cJ C 0 r'- 1O ) ) ss. COUNTY OF old J ,o ` Subscribed, sworn to, and acknowledged before me this ) _ s ,,.. day of -5' e• /--,,,,,L , , 2001, by Farley S. Kilby. `0 8o, Witness my hand and official seal. �'4-_- )- -' 11; `1 Notary Public '� My commission expires: 6 , g- Zoo' �'' Nr f \I% ROBEH T B. EMERSON, PC �0 86 South Third Street Carhonr in (`.n p-10,),) 8/31/01-E:\Data\Robin\WWPDATA\RBEdoc-R\RFP Deed of Easement - Emergency Access.wpd Xt111Y11 .41f1.1- cin �'�LI".�'R GL'NCY EHICLE A CCES. EA SL'.MENT SITUATED IN GOVERNMENT LOT 15, SECTION 36 TOWNSHIP RANGE 8 A L P M CUTY F GARIELD STATE OF COORADO. = 7576'04" R = 44.85' L = 58.92' CB N71 49 50 E CH 54.77 1gj -� .ti) A 'St' 'NCS- • R - 14.85" 4 „ , a L = 19.51' CB = N77 40'50 E CH = 7814' A = 42'19'Q7 R = 115 0Q L =84.0-4 CB +a-N125.4'18"W CH = 83.02 19'11" CB 5 '78'E CH = 61.36 A = 2372 27" R = 715.00' L = 46.58' CB = N19 52 26 "W CH = 46.26' A 36'47'49" R = 85.00' L - 54.4 CB N26'7'07'W CH = 53.52' N 89'58 08 W 19740" N 8958'08" E 37.94' 170 TO 1+1 T4,VESS COR. SJ/4, 35"37 57 W, 3156.83 ( 5 REBAR) EASEMENT !DESCRIPTION -0.33".1" N865033"W SECT1ON 35 344.66' 35057' S 001:10'00" E 30.05' 5 72.44 29 264,93 9.95' ROARING FORK PRESERVE SCALE 1" - 100' A 30 Foot Emergency Vehicle Access easement situated in a portion of that property recorded as Reception No. of the Garfield County records. Said easement being situated in Government Lot 15, Section 86', Township 7 South, Range 88 !Feat of 6th Principal Meridian, County of Garfield, State of Colorado. With all bearings contained herein being relative to a bearing of N 0016'.96" le along the east line of the Roaring Fork P.-eserve Subdivision, as recorded in the Garfield County records. Said emergency easement being more particularly described as follows.- Beginning ollows:Beginning at a point whence the witness corner to tha South One -Quarter career of Section 35 of said Township and Range bears S 63.27'37" 1P 3,681.86 Feet thence N89'58'08"»'., a distance of 37.94 feet to the point of curve of a non tangent curve to the right, of which the radius point lies N.58"8f 21 E., a radial distance of 115.00 feet; thence northerly along the arc, through a central angle of 2.9•1.2'.27", a distance of 46.58 feet thence N.08'16'12"!F, a distance of 125.18 feet to a point of curve to the right having a radius of' 115.00 feet and a central angle of 42"19'01';• thence northerly along the arc a distance of 84.94 feet; thence N.34'02'48 B., a distance of 176.67 feet to a point of curve to the right having a radius of 44.85 feet and a central angle of 7516'04';• thence easterly along the arc a distance of 58.92 feet; thence 5.70'41'08"A'., a distance of 143.73 feet; thence 5.86'50'33".E., a distance of 344.66 feet; thence South, a distance of 30.05 feet; thence N.86'50'33"79:, a distance of 350.57 feet; thence N -70"41'08"1r, a distance of 147.99 feet to a point of curve to the left having a radius of 14.85 feet and a central angle of 76-16'04'; thence weeterly along the arc a distance of 19.51 feet- thence S 34'02'48"M/., a distance of 176.67 feet to a point of curve to the left having a radius of 85.00 feet and a central angle of 4.2'f9'01 thence southerly along the arc a distance of 62.78 feet,- thence S. 08" 16'12"E., a distance of 125.18 feet to a point of curvy to the left having a radius of 85.00 feet and a central angle of 36-41'49"; thence southeasterly along the arc a distance of 54.44 feet to the POINT OF BEGINNING. Containing 28, 708.62 square feet or 0.660 acres more or lees. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS SO2 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81823 (970) 704-0311 EXHIBIT A 111111111111111111111111111111111111111 III 11111 Lill ILII 603995 05/23/2002 01:56P 81357 P210 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO jr J ROAD AGREEMENT • THIS iIS AGREEMENT is entered into between GEORGE R. KILBY and PARLEY S. KILBY "Kilby") and ROARING FORK PRESERVE, LLC ("RFP"), collectively ("parties"). RECITALS A. RFP owns Roaring Fork Preserve Subdivision which has received preliminary plan approval by Resolution No. 2001-60 of the Board of County Commissioners of Garfield County, Colorado, RPP has applied for final plat approval by Garfield County. B, Kilby owns Mayfly Bend Ranch Subdivision which has received preliminary plan approval by Resolution No. 2001- of the Board of County Commissioners of Garfield County, Colorado. C. The proposed final plat of Roaring Fork Preserve depicts Ponderosa Pine Way which is dedicated as a public street and provides access from County Road 100 within Roaring Fork Preserve Subdivision and across Roaring Fork Preserve Subdivision to Mayfly Bend Ranch Subdivision. Once the final plat has been approved and recorded, the streets depicted therein will be dedicated to public use but will be privately maintained. D. The parries have previously entered into a letter of agreement dated July 11, 2001; regarding the sharing of certain common expenses relating to construction and maintenance of roads, common utilities, and other matters. E. Each of the parties has formed, or intends to form a non-profit corporation as a homed ners association for the respe,ctive subdivisions, F. The parties wish to enter into an agreement regarding the cost sharing of maintenance of a porton of Ponderosa Pine Way, which provides common access for both subdivisions, to provide for the sharing of costs for maintenance of common fire. protection equipment and systems, to provide for individual responsibility for maintenance costs of cuter roadways within said subdivisions, and to provide for the assumption of said obligations by the respective homeowners associations once formed. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parries agree as follows; 1. The parties agree that the cost of maintaining, snow plowing, repairing and resurfacing as necessary (maintenance costs) that portion of Ponderosa Pine Way located within Roaring Fork Preserve Subdivision extending from County Road 100 to the point where Ponderosa Pine Way intersects with Weeping Willows Lane (common road) shall be shared as follows: HUG. 8.2002 1:24PM EHi:;: 970 96:3-0985 . • H0.589 P.3/4 a. RFP and Roaring Fork Preserve Homeowners Association shall be obligated to pay 9/I4ths of the maintenance costs for said common road. b. Kilby and the homeowners association for Mayfly Bend Ranch Subdivision shall be obligated to pay 5/14ths of the cost of maintenance of said common roadway. 2. The parties agree that the cost of maintaining the common fire protection equipment and systems located within Roaring Fork Preserve Subdivision and the cost of construction, landscaping, irrigation and maintenance of the entry area for the two subdivisions shall be shared as follows: a. Roaring Fork Preserve and Roaring Fork Preserve Homeowners Association shall be obligated to pay )/3 of said costs. b. Kilby and the homeowners association for Mayfly Bend Ranch Subdivision shall be obligated to pay 1/a of said costs. For the purposes of this agreement, the entry area will be the landscaped area within Ponderosa Pine Way extending north from County Road 100 to the north end of Line C31 as shown on the Roaring Fork Preserve plat. The items of shared expense for the entry area shall include landscaping within and immediately adjacent to this portion of Ponderosa Pine Way [trees, shrubs, and fencing) and the rock entryway structures. 3. The parties will meet annually to estimate the total annual cost of common road maintenance, common landscaping and maintenance of the entry area and maintenance of common fire protection equipment and systems, assess said amount pro rata among the lot owners within the respective subdivisions, and take such other actions as may be necessary and appropriate to collect the same. In addition, the parties will decide an an annual basis the total amount and the respective share of each party to be set aside in a sinking fund to provide for cost of replacement of the road surface when necessary in the future. Said costs will be assessed by each homeowners association to lot owners pro rata. 4. When the homeowners associations have been formed and become operational, rhe parties hereto will take the steps necessary to have the respective obligations of the parties assumed by the respective homeowners associations. S. Each of the parties and ultimately the homeowners associations shall be separately responsible for maintaining other roads as follows: RFP will be responsible for all maintenance costs of Silver Spruce Drive and Weeping Willows Lane; Kilby will be responsible for all maintenance costs of that portion of Ponderosa Pine Way extending from Weeping Willows Lane to Mayfly Bend Ranch Subdivision and all roads within Mayfly Bend 2 leJ_ 1"- 'FSI =-ria; • • r'. 4 Ranch Subdivision, The parties each acknowledge and agree that Garfield County shall not be responsible for any road maintenance within either subdivision. 6. If either party advances funds on behalf of tate other for the purpose of paying any of the costs due from the other party as ser forth herein, the party advancing funds will have the right to bring an action against the other party for collection of the amount so advanced. Any funds determined to be due and owing to either party will include payment of interest from the date due to the date of payment at 1.2% per annum. 7. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Once the respective homeowners associations have assumed the rights and obligations of the parties hereunder, said parties shall be relieved of further obligations hereunder. 8. This agreement shall be construed, interpreted and governed by the laws of the Stat of Colorado. In the event that legal proceedings are instituted by either of the parties for enforcement of this agreement, such proceedings shall be brought in the Garfield County District Court. The prevailing party in any such litigation shall be entitled to an award of reasonable attorney's fees and costs. EXECUTED this .949day of /%j' , 2002. 4'30/C2-C,\rk+ra\i n\wppaea\ R.Fedoc,Arfp road agrearnani.wpd ROARING FORK PRESERVE, LLC By: 6vfrui David S. McMorris, Manager George R. IG1 George Kit y 3