HomeMy WebLinkAbout1.0 ApplicationREAL ESTATE INVESTMENT
September 15, 1981
Board of Commissioners
Garfield County
P.O. Box 640
Glenwood Springs, CO 81602
RE: Road Dedication
Panorama Ranches Subdivision
Dear Sirs:
EL 3 X "
BOX X 303/927-3161
BASALT, COLORADO 81621
SEP1S 1981
GARFIELD COUNT? CC►/61.
This letter is to request the County of Garfield to accept dedication of
the roads within Panorama Ranches Subdivision as well as the 2,216.27
lineal feet of road extending across the NW4NW4 and NE4NW4, Sec. 17,
T 7 S. R 87 W, 6th P.M. which is privately owned ground lying betweeen the
boundary of the subdivision and the easterly boundary of BLM land. A
composite map of said road and land prepared by Scarrow & Walker, Surveyor,
is included herewith.
This letter also is to request that the County accept for maintenance the
road crossing the BLM ground from Road 100 to the private land described
above. It is expected that this section of road, consisting of 1,704.09
lineal feet, will be dedicated to the County in the near future. Applica-
tion for same has been in the BLM machinery since last July 22nd. It
extends from County Road 100 easterly across the SW4SE4j Sec. 7; a portion
of the SE4SE4, Sec. 7; and across the NE4NE4j Sec. 18, all in T 7 S.,
R 87 W of the 6th P.M. A copy of the survey of said road is included
herewith.
Thank you.
John Wix
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Enclosure 6
NON-FEDERAL GOVERNMENTAL ENTITY QUALIFICATIONS
1. Submit a statement that it is a state or local government, or agency,
or instrumentality thereof; and enclose a copy of the law, resolution,
order, or other documentary evidence that authorizes the submission of
applications.
FLPMA authority: 43 CFR 2802.3-1(h)
MLA authority: 43 CFR 2882.2-1(h)
2. Provide name and legal mailing address of the governmental entity.
3. Provide documentary evidence of those individuals (by name or title)
in the governmental entity who have signatory responsibility for the
filing of right-of-way applications and for acting on behalf of and
binding the governmental entity on all matters relating to such ap-
plications and subsequent grants or permits.
4. Once the above information has been satisfactorily filed, it need not be
refiied with every application for a right-of-way. Governmental entity
applicants must keep the filed qualifications information current and
correct. A reference to the prior filing by serial file number acid date
of filing, with a brief statement that the information remains current
and correct, is acceptable.
CSO 2802-16 (Feb. 1981)
Chapter II —Bureau of Land Management § 2803.6-5
q 2803.6 Amendments, assignments and re-
newals.
!t 2803.6-1 Amendments.
(a) Any substantial deviation in loca-
tion or use as set forth in § 2803.2(b) of
this title shall require the holder of a
grant or permit to file an amended ap-
plication. The requiremen7s for the
amended application and the filing are
the same and shall be accomplished in
the manner as set forth in Subpart
2802 of this title.
(b) Holders of right-of-way grants
issued before October 21, 1976, who
find It necessary or are directed by the
authorized officer to amend their
grants shall comply with paragraph
(a) of this section in filing their appli-
cations. Upon acceptance of the
amended application by the author-
ized officer an amended right-of-way
grant shall be issued. To the fullest
extent possible, and when in the
public interest as determined from
current land use plans and other man-
agement decisions, the amended grant
shall contain the same terms and con-
ditions set forth in the original grant
with respect to annual rent, duration
and nature of interest.
§ 2303.6-2 Amendments to existing rail-
road grants.
(a) An amended application required
under § 2803.6-1(a) or (b), as appropri-
ate, shall be filed with the authorized
officer for any realignment of a rail-
road and appurtenant communication
facilities which are required to be relo-
cated due to the realignment. Upon ac-
ceptance of the amended application
by the authorized officer, an amended
right-of-way grant shall be issued
within 6 months of date of acceptance
of the application. The date of accept-
ance of the application for the pur-
pose of this paragraph shall be deter-
mined in accordance with § 2802.4(a)
of this title.
(b) Notwithstanding the regulations
of this part, the authorized officer
may include in the amended grant the
same terms and conditions of the
original grant with respect to the pay-
ment of annual rental, duration, and
nature of interest if he/she finds them
to be in the public interest and the
lands involved are not within an incor-
porated community and are of ap-
proximately equal value.
I/ 2803.6-3 Assignments.
Any proposed assignment in whole
or in part of any right or interest in a
right-of-way grant or temporary use
permit acquired pursuant to the regu-
lations of this part shall be filed in ac-
cordance with §§ 2802.1-1 and 2802.3 of
this title. The applicatiq for_
ment sh !l eit'e t t
sanaaee.,�....,t f=t, s ffi atioris t_the
assi$ Thi—sssfgnee were filing
an applieatton-foP q"Tight-of-way grant
or tettoo[BTy. ,use permit undtr the
regulaii 1% i6f this part.
gnment shall be supported y
a- .,(1t;uldtlotriliiirtiftritegbeeltritAt
to comptriv44•14.undbound by the
te�itiong-trt'the-grant to
be aae:gra -71t azs„tip. additional terms
alconditions and any special.S4iiu1a-'=
1. Ii orjzed oil ices
. I t shall be recog-
u.n iTit is approve- iti" ' -
writing by the auu �d`t flier'
ff2803.6-4 Reimbursement of cost for as-
signments.
All filings for assignments made pur-
suant to this section shall be accompa-
nied by a nonrefundable payment of
$50.00 from the assignor. Exceptions
for a nonrefundable payment for an
assignment are same as in § 2802.1 of
this title.
§ 2803.6-5 Renewals of right-of-way grants
and temporary use permits.
(a) When a grant provides that it
may be renewed, the authorized offi-
cer shall renew the grant so long as
the project or facility is still being
used for purposes authorized in the
original grant and is being operated
and maintained in accordance with all
the provisions of the grant and pursu-
ant to the regulations of this title.
Prior to renewing the grant, the au-
thorized officer may modify the
grant's terms, conditions. and special
stipulations to reflect any new require-
ments imposed by current Federal and
State land use plans, laws, regulations
or other management decisions.
(b) When a grant does not contain a
provision for renewal, the authorized
319
REAL ESTATE INVESTMENT
Board of County Commissioners
Garfield County
Glenwood Springs, Colorado
•
EtI NTE Et
X
BOX X 303/927-3161
BASALT, COLORADO 81621
August 24, 1981
Re: Panorama Ranches Subdivision - Homesteads 37, 38, h0, 143, la; 115 and 1t6
Gentlemen:
This is to request the release of the plat restriction encumbering captioned
parcels.
The roads to Garfield County specifications, six-inch diameter PVC water
mains, fire hydrants and electrical service have been installed. A contract
for natural gas service has been entered into with Rocky Mountain Natural
Gas Company (a copy of which is attached) and the costs for same paid by
the owner. Gas line installation is one-half completed and will be finished
by September 1, 1981. Water lines have been charged, tested and nut into service.
It is submitted that all conditions and requirements of the Subdivision
Improvements Agreement entered into between the owners and the Board of
County Commissioners on October 10, 1979, as well as of the Amendment to
Subdivision Improvements Agreement entered into by the parties on October
8, 1980, have been completed and met or provided for in a manner that
removes all responsibility from the shoulders of the Board of Commissioners.
If you determine this to be the case, kindly execute the enclosed Release
of Deed of Trust and return to me the note dated 6 October 1980 for $24,800
which note and securing deed of trust on Homestead 7, Panorama Ranches
Subdivision were delivered to you to guarantee the performance by the
owner/subdivider.
Thank you for your attention.
Sincerely,
jCJI' 2
John Wix, President
General Partner
Colorado Country Panorama Fstates
s •
GAS MAIN EXTENSION CONTRACT
THIS•AGREEMENT, I1ITNESSETH, that ROCKY MOUNTAIN I'.ATURAL GAS
.COMPANY, INC, (hereinafter called "COMPANY") and Colorado •
,Country Panorama Estates
(hereinafter called "APPLICANT") of' 'Basalt, Colorado
in consideration of these premises and of other valuable consideration
hereby ackrowledge, do agree as follows:
(1) That the Company will extend its gas mains as follows:
Install distribution facilities in Panorama Ranches Subdivision,
Garfield County, Colorado. Applicant to provide trench and
backfill for said distribution facilities.
a total distance of •15,-900'
"PLAIN EXTENSION"). -
feet (hereinafter referred to as
(2) Without any right to refund except solely as provided in
.paragraph (3) hereof, Applicant will pay to Company'$19.,50O,00•
in advance (said amount being the net amount for said Main Extension
after allowing to Applicant the sum of $ " '=0- for* ..••
-0- bona fide consumer(s) upon said Main Extension.
(3) Company agrees to refund to Applicant the sum of $ 300.On
for each bona fide consumer connected, after the date hereof, directly
to the :lain Extension covered by this contract within a period of
five (5) years after date hereof; however, it is agreed that no refund
or repayment will be made for any consumer not connected directly to
"the Main Extension covered by this contract, and after expiration of
five (5) years from the date hereof no further refunds or repayments
shall be trade by Company to Applicant.
(4) The Company's obligation to construct the gas Main Extension
provided for herein will be carried out with all reasonable expedition,
subject to applicable laws, rules and regulations of governmental
authorities and to any delay occasioned by force majeure or events or
conditions of whatsoever nature reasonably beyond Company's control.
(5) Company shall not be obligated to commence the cunstruL..ion
herein.specified, or to continue such construction after it has been
commenced unless and until: (a) Applicant has caused the right-of-way
for the Main Extension to be clearly staked on the ground by a
registered engineer; (b) such right-of-way has been reduced to final
grade and cleared of all obstructions of any kind; (c) all necessary
right-of-way has been furnished Company free of charge on Company's
standard form of easement if over private property or through a
dedicated utilities easement.
(6).1n the event any pavement, sidewalks or other obstructions
are constructed along or across the route of the mains provided for
herein, subsequent to the date of the survey on which the prices to
be paid hereunder are based and prior to sixty (60) days aftei.the
date.of this contract, and which construction will result in an
increase in cost to Company in the construction of the mains
provided for herein, Company may, at its option, cancel this
contract and neither party shall thereafter have any obligation
hereunder.
(7) Applicant understands that Company shall not be obligated
or required to construct the Main Extensions contemplated by this
agreement in advance of and prior to the construction of main
extensions covered by contracts and authorizations which were entered
into by Company prior to the date of this agreement, or main
extensions required to be constructed by the provisions of Company's
franchise or construction required to maintain existing service.
(8) Title to said Main Extension, including its pipes and
appurtenances, connections thereto and extensions thereof, and
.including the right to use, operate and maintain same, shall forever
'be and remain exclusively and unconditionally vested in Company, its
successors and assigns.
DATED AND 'EXECUTED at Glenwood Springs, Colorado, this
5th day of August.. , 19'81 .
• APPLICANT Colorado CountryPanorama• Estate9ROCKY MOUNTAIWNATURAL AS COMPANY, INC.
General Par' ner. Thunder River Realty Co.
By' By S .0 rt r'
Title " '
President
Engineer
REAL ESTATE INVESTMENT
Rodney A. Roberts, Leader
Canon City - Grand Junction Tea*
Branch of Adjudication
United States Department of Interior
Bureau of Land Management
Colorado State Office
Room 700, Colorado State Bank Building
1600 Broadway
Denver, CO 80202
Re: Right -of -Way C-25869
Dear Mr. Roberts:
(*re, 342-t. •81A,AiA"
QA:o0
T 7E3E i3 ITT D E Ii
3FtIZ7''30R
Et. 30AL. L"Z"'Sr
BOX X 303/927-3161
BASALT, COLORADO 81621
July 22, 1981
This is an application and a request that the road right-of-way described in
documentation prerequisite to the issuance of Special Use Permit for Right -
of Way C-25869 be assigned and dedicated to the County of Garfield, State of
Colorado.
Following instructions of Baron Bail of the Glenwood Springs, Colorado, office
of the Bureau of Land Management, Thunder River Realty Co., the present permit
holder, hereby:
1. Assigns all of its right, title and interest in and to Right -
of -Way C 25869 to the County of Garfield, State of Colorado; and
2. Submits herewith its check for $50.00 as an assignment fee.
It is suggested that the authority of the County of Garfield to accept this
assignment and dedication is well established with your office thus obviating
those requirements of governmental bodies as outlined in Title V of FLPMA.
Please advise whether any additional information or documentation is required.
John Wix, President
JUL 2 3 1981
�:..., ._ U. ti(,.
CC: Arthur A. Abiblanalp,/Jr., Garfield County Attorney, P.O.Box 6h0, Glenwood
Springs, CO 81601; Davis Farrar, Garfield County Planner, 201h Blake Ave.,
Glenwood Springs, CO 81601; Baron Bail, Office of Bureau of Land Management,
Glenwood SpringsPesource, 50629 Highway 6 2h, Glenwood Springs, CO 81601.
J
lop
REAL ESTATE INVESTMENT
June 19, 1981
Robert & Mary Donlan
5655 100 Road
Carbondale, CO 81623
l 38E ICY IV3E3303.
Et. 3ENT10El.
30A
BOX X 303/927-3161
BASALT, COLORADO 81621
This is to advise you that your offering of subdivided lots of Panorama
Ranches is in violation of Paragraph 1.04.01 of the Garfield County
Subdivision Regulations and that Colorado Country Panorama Estates
has and will disavow any responsibility or liability which may result
from said offering, specifically including any delays or denials of
final plat approval which said illegal offering may occassion.
Sincerely,
John Wix
Enclosure: Copy of Paragraph 1.04.01
cc: L,Davis Farrar, Garfield County Planner
J.F. Halliday, Broker JFH Enterprises
JUN 2 2 1981
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AGRE ENT
AGREEMENT entered into this / day, of
1980, by and between Robert and Mary Donlan (hereinafter
collectively referred to as Donlans) , 0010 tender Lane,
Carbondale, Colorado 81623, and Colorado Country Panorama
Estates, a Colorado limited partnership, by Thunder River
Realty Co., a Colorado corporation, general partner, and
John Wix, Box X, Basalt, Colorado 81621 (hereinafter collec-
tively referred to as Mix).
WITNESSET H:
WHEREAS, Donlans and Wix are parties to a receipt
and option contract executed August 15th, 1977 (hereinafter
referred to as the Contract attached hereto at Exhibit A)
whereby Wix sold and Donlans purchased certain real property
located i.n Garfield County, Colorado and described in said
Contract;
Said property is also known as Homesteads 37, 40,
43, 44, 45 and 46, Panorama Ranches Subdivision (hereinafter
referred to as the Property) ; and
WHEREAS, a controversy has arisen between the par-
ties concerning the _interpretation of various provisions of
the Contract; and
WHEREAS, the parties are desirous of clarifying
any ambiguities or uncertainties which may presently exist
:i.n the Contract; and
WHEREAS, the parties wish to further clarify their
mutual rights and obligations under the Contract and the
method by which performance of certain obligations under the
Contract is to he accomplished;
NOW, THEREFOR[,, in consideration of th'e mutual
promises of the parties as set forth below, it is agreed as
follows:
• .
1. Wix agrees to review bids and to select con-
tractors to install roads, water linos and to perform any
other construction work in accordance with the provisions of
paragraph 4 below. Wix shall maintain direct supervision
over said contractors to insure that all work is ;.performed
in accordance with the specifications of Garfield C'ounty.
2. Donlans agree to deposit the sum of S25,000.00
into a special bank account (hereinafter referred to as the
Account) at a bank of their choice, said monies to remain,
at all times, under the complete control of the Donlans.
3. Donlans agree to pay Wix from the account all
developmental expenses incurred by Wix in connection with
the Contract as more .fully described in paragraph 4 below,
up to a maximum of $25,000.00. The procedure for payment
shall be as follows:
a. Prior to any payments by Donlans, Wix
agrees to furnish Donlans with itemized statements and
invoices describing the exact nature, location and cost of
the work done. Within 10 days of receipt of said statements
and invoices, Donlans agree to make payments to Wix in an
amount equal to that stated on the statements and invoices
presented.
b. In the event that, in the opinion of the
Donlans, said work is incorrect or defective, Donl ins shall
notify Wix of said dispute within ten days of their receipt
of the statements or invoices by mailing a written notice
specifying the nature of the dispute to John Wix at Box X,
Basalt, Colorado 81621. With respect to all cl isputes
arising out of this subparagraph, the standards of the Board
of County Commissioners of Garfield County, Colorado shall
be conclusive as to the suitability of the work performed.
c. Donlans agree to pay to Wix wi thin ten
days of the execut:ion of this Agreement, the sum of $3, 178. 54
for survey work performed in connection with the development
of the Property. Said amount shall be deducted from the
total amount of $25,000.00 in the Account.
-2-
• •
4. In consideration of the foregoing, Wix shall
cause the following improvements to he made to the Property:
a. A road and cul-de-sac located on the
Property and known as Sunlight Drive will bo constructed,
gra,ied, chip and sealed over a compacted base and sub -base
in accordance with the most recent requirements of Garfield
County.
h. Installation of water lines to be 6-inch
bedded PVC mains within the southerly border of Sunlight
Drive to serve homesteads 43, 44, 45 and 46. A connect line
shall he carried across Sunlight Drive to service homesteads
37 and 40 at the common border of said lots.
c. A fire hydrant shall he installed at
approximately the northern common corners of homesteads 45
and 46.
d. Water service will be available to the
Property at no additional cost to the Donlans. All instal-
lation of water lines will be in accordance with the speci-
fications of Garfield County.
e. Electric service to the Property will be
accomplished by overhead lines in accordance with the plan
previously prepared by Holy Cross Electric Association.
f. The installation of natural gas lines in
accordance with the specifications of Garfield County and
customary practices in the trade, including service to all
of the homestead lots which comprise the Property.
5. In the event that the costs for improvements
to the Property attributable to Donlans, either required by
Garfield County or necessary to render said homesteads
salable, exceed the total amount of $25, 000. 00, the excess
shall be paid for and be the sole responsibility of Wix.
6. Any improvement:; or development net specified
heroin that may be deemed necessary to the Property by
Garfield County for final plat approval shall he undertaken
by Mix and be at his sole cost and responsibility.
• •
7. In the event that the direct cost; ,F improve-
ments to the Property are less than $25, 000. 00, the balance
remaining in the Account will be disbursed to V7ix to be used
to defray thoe developmental expenses which have :!enefitted
the subdivision as a whole.
8. It is agreed by the parties that Doi tans'
total liability in connection with the Clevelc)})meat of the
Property in accordance with the subdivision regulations of
Garfield County and the Subdivision Improvements Agreement
and any amendments thereto, shall not exceed $25,000.00.
9. Wix shall promptly pay all costs of developing
the Property over and above $2.5, 000. 00 as hereinal)ove stated
and agrees to protect, defend and indemnify Donlan from any
mechanic's lien or any other liens associated therewith. In
the event any such lien is filed against the Property by
r.e,lson of work performed according to this Agreement or the
prior Contract between the parties, Wix shall obtain a bond
to the benefit of Donlans in the amount of said lien. Said
lien shall be paid or discharged either by Wix or by proceeds
of said bond not later than six months from the date of
filing of said lien. Wix agrees to forever. indemnify Donlans
and hold them harmless for any expenses, damages, losses,
claims or other liability incurred by Donlans by reason of
any act or acts of 1J:i.x which may constitute a bz each of the
protective covenants for Panorama Ranches, a rural community,
recorded in the real property records of Carfield County in
Book 536 at Page 799 to 812, including any costs or attorney':-
fees incurred .i.n connection therewith.
10. Wix agrees that the Property will be fully
developed as subdivided homesteads within the Panorama Ranch
Subdivision, saleable in accordance with the requirements of
the Board of .County Commissioners of Garfield County by
December 1, 1980, provided however., that the inability of
Wix to complete the installation of sub -base and the chip
and sealing of any road therein by the above date shall not
constitute a breach of this provision provided further that
-4-
• •
all roads including installation of sub -base and chip and
sealing shall he completed no later than July 1, 1981. It
is further understood that any delays occurring as a result
of circumstances beyond the control of Wix shall not consti-
tute a breach of this Agreement but that failure to comply
with this provision in any other respect shall constitute a
material breach. of this Agreement entitling Donlans to
discontinue further performance hereunder and to pursue any
other legal remedy available to them at law or in equity.
11. In the event of any litigation between the
parties hereto arising out of this Agreement, the prevailing
party therein shall be allowed all reasonable attorney's
fees expended or incurred in connection with such litigation
to be recovered as a part of the costs therein.
12. All work performed by Wix or his agents,*
warranties or guaranties attributable to the work and may
enforce the same to the full extent allowed by law. This
provision shall not be deemed to limit any other remedy pro-
vided for in this Agreement for failure of performance here-
under.
13. This Agreement shall be binding upon and
inure to the benefit of the heirs, assigns, successors and
personal representatives of the parties hereto.
EXECUTED this day of
ROBERT DONLAN
, 1980.
MARY DOfILAN
* contractors or subcontractors shall be of good quality and workmanship
and suitable in design and materials used for the use intended. Donlans
shall obtain the benefit of ary....
• •
STATE OF COLORADO)
COUNTY OF PITKIN )
ss.
The foregoing
me this g(!/iday of
DONLAN.
COLORADO COUNTRY PANORAMA ESTATES,
a Colorado limited partnership
By THUNDER RIVER REALTY CO., a
Colorado corporation, General
Partner
;.%
BY '~
JOHN WIX, President
Jp1IN WIX, ind tvidual ly
rument was acknowledged before
, 1980, by ROBERT
WITNESS my hand and official seal.
My commission expires: MY. Commissior. a/%Fab I0i 1981
Nofaiy P lic
STATE OF COLORADO)
s.
COUNTY OF PITKIN )
n,:e foregoing 1"st.rument was acknowledged before
me this ' day of 4(-4147 , 1980, by MARY DONLAN.
WITNESS my hand and official seal.
My commission expires: My, Comm':s ;cn cx '.es Feb. 10 1981
STATE OF COLORADO)
COUNTY OF PITKIN )
ss.
/ , ,.(/ / .
TJ3e foregoing inatri:xment was acknowledged before
me this (( day of (/% -/c , :,.1 , 1980, by JOHN WIX,
individually and as President of Thunder River Realty Co.,
a Colorado corporation, General Partner of Colorado Country
Panorama Estates, a Colorado limited partnership.
WITNESS my hand and official seal.
My commission expires:
My Cc
RELEASE OF PLAT RESTRICTION
The undersigned having inspected those subdivision
improvements required for Panorama Ranches Subdivision by
the Subdivision Improvements Agreement between the Board
of County Commissioners of Garfield County and Thunder River
Realty Co., Robert E. Donlan and Mary C. Donlan, dated 10
October, 1979, and recorded at Book 536, Page 722 of the
records of the Garfield County Clerk and Recorder, as amended
by that instrument between the same parties dated 8 October,
1980, and recorded at Book 557, Page 484 of the records of
the Garfield County Clerk and Recorder, and having determined
that those improvements required for the sale and occupancy
of the within described tracts have been completed or other-
wise provided for, and having been authorized by the Board
of County Commissioners of Garfield County to release part of the
plat restriction affecting Panorama Ranches Subdivision
referred to in paragraph 3 of the said Subdivision Improve-
ments Agreement and contained on said Plat,
NOW, THEREFORE, THOSE RESTRICTIONS ON THE OCCUPANCY
AND SALE OF THE FOLLOWING DESCRIBED LOTS ESTABLISHED BY PARA-
GRAPH 3 OF THE AFOREMENTIONED SUBDIVISION IMPROVEMENTS AGREE-
MENT, AS AMENDED, AS THEY RELATE TO THE FOLLOWING LOTS IN
PANORAMA RANCHES SUBDIVISION, ARE HEREBY RELEASED:
LOTS 1 through 36, inclusive, Lots 38, 39,
41, 42, and Lots 47 through 52, inclusive.
GARFIELD
COUNTY
SEAL
W. C. Milner
Garfield County Building Official
Dated this 8th day of October, 1980.
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of September,
1979, between Colorado Country Panorama Estates, a Colorado limited
partnership, by Thunder River Realty Co., a Colorado corporation, the
general partner, and Robert E. Donlan and Mary C. Donlan, hereinafter
jointly called the "Subdivider", and the Board of County Commissioners
of Garfield County hereinafter called the "County".
W ITNESSET H:
WHEREAS, the Subdivider, as a condition of approval of the final
plat of Panorama Ranches wishes to enter into a Subdivision Improvements
Agreement as provided for by Section 30-28-137, C.R.S. 1973, as amended
and Section 3.10.01 of the Garfield County Subdivision Regulations; and
WHEREAS, pursuant to the same authority, the Subdivider is obligated
to provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain public
improvements set forth on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the Subdivider wishes to provide collateral to guarantee
performance of this Agreement including construction of the above -
referenced public improvements, by means of a plat restriction by separate
agreement affecting the property.
NOW, THEREFORE, in consideration of the following mutual covenants
and agreements, the Subdivider and the County agree as follows:
1. The Subdivider agrees to construction and installation,
at its sole expense, of all those public improvements as
set forth on Exhibit "A" attached hereto.
2. The Subdivider agrees that all of those certain public improvements
to be completed as identified on Exhibit "A" shall be constructed
by August 1, 1980, for Phase I; March 1, 1981, for Phase II;
September 1, 1981 for Phase III; in compliance with the
following:
a) All final plat and other documents submitted prior to
approval by the County at the time of final plat approval.
b) A11 laws of the United States, State of Colorado,
Garfield County, and its various agencies, affected
special districts, and/or servicing authorities.
c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved
by any of the above -stated governmental entities.
3. To secure and guarantee performance of its obligations as set
forth herein, the Subdivider agrees to provide security and
collateral in the form of a plat restriction by separate
agreement which reads as follows:
No lots, homesteads or parcels in any phase shall be sold or
conveyed until all improvements shown on Exhibit "A" for
that phase have been installed by the Subdivider and approved
by the County.
4. It is mutually agreed pursuant to the provisions of Section
30-28-137 (3) C.R.S. 1973, as amended, that the County or any
purchaser of any lot, lots, tract or tracts of land subject to
a plat restriction which is the security portion of a subdivision
improvements agreement shall have the authority to bring an
action in any District Court to compel the enforcement of any
subdivision improvements agreement on the sale, conveyance, or
transfer of any such lot, lots, tract or tracts of land or of
any other provision of this article. Such authority shall include
the right to compel rescission of any sale, conveyance, or
transfer of any lot, lots, tract or tracts of land contrary to
the provisions of any such restrictions set forth on the plat
or in any separate recorded instrument, but any such action shall
be commenced prior to the issuance of a building permit by the
County where so required or otherwise prior to commencement of
construction on any such lot, lots, tract or tracts of land.
5. It is further mutually agreed that pursuant to the provision of
Section 30-28-137 (2) C.R.S. 1973, as amended, that as improvements
are completed, the Subdivider may apply to the Board of County
•
• •
Commissioners for a release of part or all of the collateral
deposited with said Board. Upon inspection and approval,
the Board shall release said collateral. If the Board
determines that any of such improvements are not constructed
in substantial compliance with specification it shall furnish
the Subdivider a list of specific deficiencies and shall be
entitled to withhold collateral sufficient to ensure such
substantial compliance. If the Board of County Commissioners
determines that the Subdivider will not construct any or all of
the improvements in accordance with all of the specifications,
the Board of County Commissioners may withdraw and employ from
the deposit of collateral such funds as may be necessary to
construct the improvement in accordance with the specifications.
6. The Subdivider(s) agrees to provide the County with a title
insurance commitment at time of final platting evidencing that
fee simple title of all lands in the subdivision is vested totally
with the Subdivider free of any and all lien and encumbrances,
other than those whose holders are signatories of the plat.
7. The County agrees to approval of the final plat of Panorama Ranches
Subdivision subject to the terms and conditions of this Agreement.
8. Parties hereto mutually agree that this Agreement may be amended
from time to time provided that such amendment be in writing and
signed by all parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first written above.
ATTEST: COUNTY OF GARFIELD, STATE OF COLORADO
Panorama Ranches
SUBDIVISION
By:
Chairman, Board of County Commission
Colorado Country Panorama Estates
SUBDIVIDER
By:
John Wix, President, Thunder River Realty Co.,
the General Partner
Robert E. Donlan
Mary C. Donlan
- 3 -
•
The developer heretofore has expended for roads, water, engineering and
electrical development approximately $249,400.00.
The estimated additional improvements to serve each phase are as follows:
Phase I
1. Grading, re -graveling and chip sealing 5,000 lineal feet
of existing road, Panorama Drive, at $3.50 per foot
2. Constructing 2,000 feet of Buck Point Road including
culverts, at $12 per foot.
3. Constructing 1,600 feet of Basalt Mountain,Drive at
$12 per foot
4. Constructing and installing sub -base on 3,000 feet of Water
Avenue at $5 per foot
5. Install overhead electric lines
$17,500.00
$24,000.00
$19,200.00
$15,000.00
$15,000.00
6. Install water tank $45.000.00
7. Install 9,200 feet of 6 inch PVC water mains
at $7 per foot $64,400.00
8. Install 1,400 feet of 2 inch inter -well connecting
PVC at $3 per foot $ 4,200.00
9. Construct pump house and install chlorinator, totalizing
water meter, electrical system and 5 horse pump $ 3.500.00
10. Install five fireplug assemblies at $1,000 and
10 gate valves at $300. $ 8,000.00
11. Install 9,200 feet of natural gas lines at $3 per foot and
one pressure reducer at $2,000 $29,600.00
12. Miscellaneous Reserve 510,000.00
13. Engineering and surveying $38,000.00
TOTAL PURSE I $293,400.00
Phase II
1. Grading, re -graveling and chip sealing lineal 4,200
of existing road, Panorama Drive, at $3.50 per foot $14,700.00
2. Constructing 2,300 feet of Elk Range Road at $12 per foot $27,600.00
3. Constructing 1,600 feet of Sunlight Drive at $12 per foot $19,200.00
4. Installing overhead electric lines $10,000.00
5. Install 5,600 feet of 6 inch PVC water mains at $7 per foot $39,200.00
TOTAL PRASE II $110,700.00
Phase III
1. Finishing base and chip seal on 3,000 feet of Water Avenue
at $7 per foot $21,000.00
2. Install water pressure system and water feeder lines to 53A,
53B. 53C, and 53D $10,000.00
TOTAL PHASE III $31,000.00
TOTAL FULL DEVELOPMENT $435,100.00
REAL ESTATE INVESTMENT
August 29, 1980
Mr. Ray Baldwin
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: PANORAMA RANCHES
Dear Ray:
xrnivx Jo
F E M
BOX X 303/927-3161
BASALT, COLORADO 81621
This letter is to request approval of the Garfield County Commissioner;
for completed improvements in captioned subdivision for all homesteads
excepting 43 through 47 and 37 and 40.
Still remaining to be completed is the testing of the water lines. The
water system completion has been delayed pending shipment of a 5,000
gallon mixing and boosting tank at well #1. This however, has been received
and its inslation will take only a few days. I submit that the develop-
ment is substantially complete at this point and that there remains no
risk to the safety, health and welfare of future lot owners and county
approval at this time will not constitute any compromise in its fiduciary
position.
Sincerely,
John Wix
JW/jm
•
July 30, 19,90
John Wix
Box X
Basalt, CO 81621
Dear John:
Oh July 28, 1980, the Board of County Commissioners
granted a one month extension on the Phase I portion of the
subdividers agreement on Panorama Ranch. All improvements
for Phase I are now to be completed by September 1, 1980.
If you have any questions concerning this matter, please
feel free to contact this office.
Sincerely,
Ray Baldwin
Planning Director
RB/hr
REAL ESTATE INVESTMENT
July 24, 1980
Mr. Ray Baldwin
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, Co. 81601
Dear Mr. Baldwin:
•it JUL 25198-
li
GARr' � ai
R
X 'CT 30 Et.
30. ILA a"
BOX X 303/927-3161
BASALT, COLORADO 81621
This is written confirmation of our conference yesterday and my
request to be allowed until September 1, 1980, in which to have
all water, powers and road systems completed to all Homesteads
of Panorama Ranches excepting only those served by Sunlight Drive
in the southwest corner of the subdivision.
As the excepted Homesteads were identified in the Subdivider's
agreement as part of the Phase II development, with completion
required by March 1, 1981, no change in that Agreement will be
necessary.
With regard to the Subdivision Improvements Agreement, however,
I suggest that the completion dates provided therein quite likely
were nullified by the superseding Final Plat restriction barring
the conveyance of any lots until after approval of the Board of
the subdivision improvements.
The items still remaining are relatively minor, consisting of
pump house construction, painting the water storage tank and
flushing and testing the water lines. All ma or construction has
been completed. r'ia� t .SA--M P7y CamItJ tJ°r7 major
becrl p 5C4 biy
Thank you for consideration and please advise if there is addi-
tional information you or the Board of Commissioners may require.
•
QUOTA ON
•
STEEL TANKS
STRUCTURAL STEEL
PLATE FABRICATION
RFINPORCING BAR
V & S EXCAVATING
P.O. BOX 2837
ASPEN, COLO. 81611
Gentlemen:
-- DIVISION Or PLANT CITY STEEL_ CO.
-- HARSCO CORPORATION
.�' Area Code 303-242-4015
1101 Third Ave.
GRAND JUNCTION, COLORADO 81501
JUNE 29, 1979
Subject: 0.10 MG AW WA TANK
We hereby submit our quotation for material to be used on above job in accordance with
YOUR INQUIRY
as follows:
For the net sum of FORTY FIVE THOUSAND dollars
($ 45,000.00 )F 0 B TRUCKS; JOBSITE
no tax included.
We propose to furnish the following:
ONE 100,000 GALLON TANK FABRICATED IN ACCORDANCE WITH A.W.W.A. AS FOLLOWS:
1. TANK 28 FEET DIAMETER BY 23 FEET HIGH AT THE RIM ANGLE.
2. BOTTOM AND SHELL PLATES ARE 1/4 INCH, AND THE TOP IS 3/16 INCH PLATE
SUPPORTED BY PURLINS.
3. ACCESSORIES INCLUDED ARE:
A. ONE, 24 INCH ROOF HATCH;
B. ONE, 16 INCH ROOF VENT;
C. ONE, 6 INCH OVERFLOW;
D. ONE, 24 INCH HINGED SHELL MANHOLE;
E. ONE, SILT STOP;
F. ONE, OUTSIDE LADDER W/CAGE (NO INSIDE LADDER).
4. BLASTING AND PAINTING:
INTERIOR: AWWA DI02-78 INTERIOR SYSTEM
EXTERIOR: AWWA D102-78 EXTERIOR SYSTEM
#1
TANK TO BE ERECTED AND PAINTED ON A FOUNDATION PROVIDE BY OTHERS.
EXCLUSIONS: A) SALES TAX
B) ALL SITE WORK
C) ACCESS TO TANK SITE
D) TANK FOUNDATION
E) ALL UNDERGROUND PIPING
ALTERNATES:
DEDUCT FOR ERECTION BY OTHERS: $12,500.00
DEDUCT FOR PAINTING BY OTHERS: $ 8,500.00 CONTINUED:
DELIVERY can be made approximately ._ days after receipt of order.
Signing and returning one copy of this proposal will constitute a contract.
Accepted
By
Date
Yours truly,
GRAND JUNCTION STEEL
This proposal is subject to the terms and conditions on the hack hereof, which terms and conditions arc expressly
ref bred to and made a part hereof.
The addressee is hereafter referred to as Purchaser and Grand Junction Steel, -- Division of Plant City. Steel Co. — Harsco
Corporation, a Delaware Corporation, as Seller.
1. This Proposal is subject to change without notice.
2. In the event of a conflict between the terms and conditions of this Proposal and the terms and conditions stated in the plans and
specifications the terms of this proposal shall govern.
3. TERMS OF PAYMENT:
(a) All payments shall be made in funds current at par in Grand Junction, Colorado.
(b) For all material to he crected by Seller, the Purchaser shall on the 10th day of each rnonth pay an amount equal to 85% of the
contract value of all material shipped and 85% of the contract value of erection performed during the preceding rnonth, and
shall pay the remaining 15% within 30 days after completion; but the amount reserved by the Purchaser shall at no time exceed
double the contract value of the work remaining yet to be done.
(c) For all material not to be erected by Seller, and to customers whose credit is established with it, terms net cash for contract
value of each shipment on the loth day of the next month following.
(d) If this proposal includes material for two or more structures, then as relates to payments only each structure shall be construed
as a separate contract.
(e) Accounts past due shall bear interest at 6% per annum.
(f) If suit is brought or if lien claim is filed on this account an additional 10% of the amount due is to be paid for attorney's fees.
4. The Seller may at its option suspend work and deliveries under this contract, except for cash, if in its opinion the credit of the
Purchaser becomes impaired, until the Seller has received full settlement or security for shipments made and is satisfied as to
Purchaser's credit for further shipments. If purchaser fails or refuses to furnish such satisfaction or security, then Seller shall have
the right to enforce payment of the full contract value of the material and labor already furnished, or in process, and may either
cancel the unfinished portion of the contract, or may proceed with the contract, in which latter case, Seller shall be entitled to such
extension of time for the performance thereof as is necessitated by the suspension.
5. The Seller will not be responsible for loss or damage arising from delays caused by strikes, fires, accidents, floods, delays of carriers,
rolling mills, and other suppliers of material and any other agency beyond the reasonable control of the Seller. Acceptance of
material on delivery shall constitute a waiver of any claims for damage on account of delay.
6. Material and workmanship unless provided in the specifications above referred to, will be in accordance with American Institute of
Steel Construction Code of Standard Practii: . Shop drawings prepared by Seller and approved by representative of the Purchaser
shall be deemed the correct interpretation of the work to be performed.
7. No Claims for compensation for error or defects in material or workmanship will be allowed unless Seller is given immediate notice
and opportunity to investigate, inspect and correct the alleged errors and defects.
8. Until paid for the title to and ownership and right of possession of the material covered by this contract shall be and remain in the
Seller until Seller's right of lien attaches to said material in the structure for which it is intended, and in case the Purchaser shall
becorne insolvent, or refuse or neglect to pay for material as herein provided, the Seller may at its option, without process of law
retake possession of any or all material wherever the same may be found except as above provided and credit the account of the
Purchaser with the value thereof to the Seller, less the necessary cost and freight charges in re -taking the same.
9. All material sold on pound basis will be figured in accordance with Standard Practice for Invoicing Structural as adopted by the
American Insitute of Steel Construction, unless otherwise provided by specifications.
10. Any tax imposed by any present or future law on sale or use of articles covered hereby shall be added to the amount to be paid
hereunder.
11. We reserve the right to assign this contract or any part thereof.
12. This proposal, if accepted, must be approved by an officer of the Seller before binding Seller, and Grand Junction, Colorado shall
be held the place of delivery of this instrument.
•
•
QUOTATION
TIO,N
STEEL TANKS
STRUCTURAL STEEL
PLATE FABRICATION
REINFORCING BAR
PAGE 2
V & S EXCAVATING
Gentlemen:
r I 1 —
1
r�
DIVISION OF PLANT CITY STEEL CO.
f-1AfFSCO CORPORATION
lk
.z.z idnitrs Area Code 303-242-4015
1101 Third Ave.
GRAND JUNCTION, COLORADO 8I501
JUNE 29, 1979
Subject:
We hereby submit our quotation for material to be used on above job in accordance with
as follows:
Fur the net sum of dollars
($ F 0 B no tax included.
We propose to furnish the following:
THIS QUOTE GOOD FOR 30 DAYS,
TERMS — NET 30
"WE ARE COMPLYING WITH THE PRESIDENT'S ANTI—INFLATION STANDARDS".
COMPLETION 90 f0 120
l�t'�'( Y can be made approximately
Signing and returning one copy of this proposal will constitute a contract.
Accepted
By
Date ---
This proposal is subject
Yours truly,
days after receipt of order.
GRAND JUNCTION STEEL
LAWRENCE ;x 4. FLOWER, CHIEF ENGINEER
to the terms and conditions on the back hereof, which terms and conditions are expressly
rrferred to and made a part hereof.
•
The addressee is hereafter referred to as Purchaser and Grand Junction Steel, -- Division of Plant City Steel Co. — Harsco
Corporation, a Delaware Corporation, as Seller.
1. This Proposal is subject to change without notice.
2. In the event of a conflict between the terms and conditions of this Proposal and the terms and conditions stated in the plans and
specifications the terms of this proposal shall govern.
3. TERMS OF PAYMENT:
(a) All payments shall be made in funds current at par in Grand Junction, Colorado.
(b) For all material to be erected by Seller, the Purchaser shall on the 10th day of each month pay an amount equal to 85% of the
contract value of all material shipped and 85% of the contract value of erection performed during the preceding month, and
shall pay the remaining 15% within 30 days after completion; but the amount reserved by the Purchaser shall at no time exceed
double the contract value of the work remaining yet to be done.
(c) For all material not to be erected by Seller, and to customers whose credit is established with it, terms net cash for contract
value of each shipment on the loth day of the next month following.
(d) If this proposal includes material for two or more structures, then as relates to payments only each structure shall be.construed
as a separate contract.
(e) Accounts past due shall bear interest at 6% per annum.
(f) If suit is brought or if lien claim is filed on this account an additional 10% of the amount due is to be paid for attorney's fees.
4. The Seller may at its option suspend work and deliveries under this contract, except for cash, if in its opinion the credit of the
Purchaser becomes impaired, until the Seller has received full settlement or security for shipments made and is satisfied as to
Purchaser's credit for further shipments. If purchaser fails or refuses to furnish such satisfaction or security, then Seller shall have
the right to enforce payment of the full contract value of the material and labor already furnished, or in process, and may either
cancel the unfinished portion of the contract, or may proceed with the contract, in which latter case, Seller shall be entitled to such
extension of time for the performance thereof as is necessitated by the suspension.
5. The Seller will not be responsible for Ioss or damage arising from delays caused by strikes, fires, accidents, floods, delays of carriers,
rolling mills, and other suppliers of material and any other agency beyond the reasonable control of the Seller. Acceptance of
material on delivery shall constitute a waiver of any claims for damage on account of delay.
6. Material and workmanship unless provided in the specifications above referred to, will be in accordance with American Institute of
Steel Construction Code of Standard Practice. Shop drawings pr3pared by Seller and approved by representative of the Purchaser
shall be deemed the correct interpretation of the work to be performed.
7. No Claims for compensation for error or defects in material or workmanship will be allowed unless Seller is given immediate notice
and opportunity to investigate, inspect and correct the alleged errors and defects.
8. Until paid for the title to and ownership and right of possession of the material covered by this contract shall be and remain in the
Seller until Seller's right of lien attaches to said material in the structure for which it is intended, and in case the Purchaser shall
become insolvent, or refuse or neglect to pay for material as herein provided, the Seller may at its option, without process of law
retake possession of any or all material wherever the same may be found except as above provided and credit the account of the
Purchaser with the value thereof to the Seller, less the necessary cost and freight charges in re -taking the same.
9. All material sold on pound basis will be figured in accordance with Standard Practice for Invoicing Structural as adopted by the
American Insitute of Steel Construction, unless otherwise provided by specifications.
10. Any tax imposed by any present or future law on sale or use of articles covered hereby shall be added to the amount to be paid
hereunder.
11. We reserve the right to assign this contract or any part thereof.
12. This proposal, if accepted, must be approved by an officer of the Seller before binding Seller, and Grand Junction, Colorado shall
be held the place of delivery of this instrument.
110
• GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO B1601
2014 BLAKE AVENUE
June 27, 1980
John Wix
Box X
Basalt, CO 81621
Dear John:
LL11980
JUG
GARF/ LD L046 6 ' 1ris-82
Having reviewed our records, I find that the improvements for
Phase I of Panorama Estates are to be complete by August 1, 1980.
I hope everything is proceeding in order to meet that completion
date. If you have any questions concerning this matter, please
feel free to contact me.
Sincerely,
Ray Baldwin
Planning Director
June 30, 1980 - to Ray Baldwin, Planning Director
RB/hr
•
Dear Ray: The phasing of Panorama Ranches has been blended
into finishing the improvements to all Eomesteads-
at roughly the same time. The one possible exception to that
concerns those bordering Sunlight Drive owned by Robert and
Mary Donlan. Those will not be undertaken until the Donlans
have escrowed $25,000 to be used toward those improvements.
Excepting those, water mains have been installed
throughout the subdivision, all roads are nearing completion
with the exception of chip and seal, and electric lines have
been installed. Also installed is the 100,000 gallon water
storage tank. Final painting of it should be completed within
two weeks. Nine to 16 inches of compacted sub -base are on
all new roads except for the eastern half of Elk Range Drive.
That should be completed this wedk. 3/11" road base has been
completed on Basalt Mountain Drive and is nearing completion
on Buck Point Road through the Cul'd Sac on Hometead 53 next
to #2.
12
Two inches of 3/Li" road base will be added to the
existing Panorama Drive to supplement the existing lava base
and provide a less porous base for the chip and seal mat. (over)
• •
Final testing of Well #1 -- a 48 to 72 hour test for the State --
should be completed this week and the lines and tank testing should
be finished by July 15th.,
The one possible holdup in completing everything seems to be
the chip and sealing of the roads. Dick Stephenson seems to
be tied up in county projects, but I will try to spur him a
bit.
I will be contacting you shortly regarding the subdivision
of the 40-acre Homestead 53 into four single family residential
sites as was contemplated.
Kindest personal regards.
Panorama Estates
ITEMS
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•
be
John Wix
Box X
Basalt, CO 81621
Dear John:
Having reviewed our records, I find that the improvements for
Phase I of Panorama Estates are to be complete by August 1, 1980.
I hope everything is proceeding in order to meet that completion
date. If you have any guestions,concerning this matter, please
feel free to contact me.
Sincerely,
Ray Baldwin
Planning Director
RR/hr
• •
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area
P.O. Box 1009
Glenwood Springs, Colorado 81601
'Ir. John Wix
Thunder River Realty
Box X
Basalt, Co. 81621
Dear Mr. Wix:
October 5, 1979
IN REPLY REFER TO
7-162
We have reviewed your letter and proposal, dated October 2, 1979.
I have no comments concerning your proposed development.for Panorama
Ranches Subdivision.
CONSERVE
AMERICA'S
ENERGY
Sincerely,
Alfred W. Wright
Area Manager
Save Energy and You Serve America!
REAL ESTATE INVESTMENT
October 2, 1979
Bureau of LaniManagement
50629 Highway 6 & 2h
Glenwood Springs, Colorado 81601
ATI)30
tki3R. I "ICT 30 3E1
3FILE.P1. wr 51L7
BOX X 303/927-3161
BASALT, COLORADO 81621
Re: Panorama Ranches Subdivision, Sections 16 and 17, Twp 8 S., R. 87 W., 6th P.M.
Gentlemen:
Captioned subdivision in Garfield County, Colorado, is scheduled for Final
Plat review before the Board of Commissioners of Garfield County at 10:15
A.M., Monday, October 8, 1979, in the Commissioners Roomy, Garfield Court House.
The attached copies of recorded patents indicate that the U.S. Government
has mini'eral reservations which may affect the property.
Pursuant to statute, you are hereby notified of the place and time of said
hearing.
John Wix, President
General Partner
REAL ESTATE INVESTMENT
September 26, 1979
Mr. Ray Baldwin
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, CO. 81601
RE: Panorama Ranches
Dear Ray:
1 1979 ;
BOX X 303/927-3161
BASALT, COLORADO 81621
You will recall that at the County Commissioners meeting reference
was made to the new statute covering government mineral patents.
Copies of those patents recited in the title insurance commitment
are enclosed. They concern a power line easement and not minerals
and further they do not affect the subject property of Panorama
Ranches.
Kindest re rds,
John Wix
JW/jm
Enc: 3
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REAL ESTATE INVESTMENT
Mr. Ray Baldwin
Garfield County Planner
Glenwood Springs, Colorado
•
'I' 3E3E Xi N D ]E It
1110 3Ft I'Ur � �t
R E A L T Y
BOX X 303/927-3161
BASALT, COLORADO 81621
September 23, 1979
Re: Final Plat application - Panorama Ranches
Dear Ray:
The following items are submitted herewith toward those requirements
for Final Plat approval of captioned subdivision:
1. A narrative entitled PANORAMA RANCHES, A RURAL COMMUNITY,
WidfaihcBlanfibeENEZREHZYISIONZKNNZAE'BEYMT
which describes the subdivision and details the costs of
necessary improvements.
a' 2. Three copies of the Protective Covenants. I have selected
5.11 b. on page 35 of the Garfield County Subdivision Regulations
as my preference regarding Public Sites and Open Spaces.
Paragraph 15 on Page 6 of the Protective Covenants provides
that the Homeowners Association shall regulate, manage and
maintain the 56.78 acres of open space within the subdivision.
3
3. A copy of the well water adjudication and decree. This
was a condition for final plat at the time of preliminary plat
approval.
b. Reproduction of a report by the Association of Independent NI�``��✓�c
Consultants of Morrison, Colorado, regarding the well water, ;#1
including on Page Eight and Table 1 a summary of the analysis
conducted by the Colorado School of Mines Research Institute.
5. Check for 070 for the Final Plat review fee.
S. Design and price information from Grand Junction Steel on the
water storage tank to be installed at Panorama Ranches. The
\ tank will be identical to that installed at Kings Row subdivision.
`/ 7. The KTBNA engineer's plat of the water distribution system.
8. Holy Cross Electric's airictiky power installation plan.
9. A title insurance commitment. etJi!/ he 554)ad r-td� e,/2g7/,,
Page 2.
10. Irrevocable Letter of Credit from Bank of Basalt guaranteeing
the installation of improvements.
11. Proposed Subdivision Improvements Agreement.
/2 ��.�I a .cesc�a a4,SLs.j11'`'
t3.
KKBNA
• •
Scarrow Walker
Incorporated
Consulting Engineers
Land Surveyors
CERTIFICATION OF DEDICATION AND OWNERSIHIP
KNOW ALL MEN by these presents that Robert E. Donlan and Mary C. Donlan of
0010 Fender Lane, Carbondale, Colorado, and Colorado Country, Panorama
Estates, a Colorado Limited Partnership of Box X, Basalt, Colorado,
being sole owners in fee simple of all that real property described as
follows:
A tract of land situated in the WW1of Section 16, the SE1,NE1/4 and NW4
of Section 17, Township 7 South, Range 87 West of the Sixth Principal
Meridian, Garfield County, Colorado, more particularly described as
follows:
Commencing at the Common Northeast Corner of said Section 17 and North-
west Corner of said Section 16, the True Point of Beginning; thence S.
88°35'32" E. along the North line of said W1W1 of Section 16 1389.85
feet to the Northeast Corner of said WIWI of Section 16; thence S.00°
27'01" E. along the East line of said W1/2W11 of Section 16 5259.24 feet
to the Southeast Corner of said W12W2 of Section 16; thence N. 89° 55'50"
W. along the South line of said W1W1 of Section 16 1352.93 feet to the
Common Southwest Corner of said Section 16 and Southeast Corner of
said Section 17; thence N. 89° 29'50" W. along the South line of said
Southeast Quarter of Section 17 1969.59 feet; thence leaving said South
line of the Southeast Quarter of Section 16 N. 00°16'37" E. 975.52 feet;
thence N. 70°00'00" E. 451.11 feet; thence N. 03°17'17" E. 1119.55 feet;
thence N. 64°36'35" E. 76.55 feet; thence N. 69°34'25" E. 49.64 feet;
thence S. 86°04' 40" E. 48.55 feet; thence N. 43°14'Ol" W. 170.47 feet;
thence along a curve to the right, having a radius of 1006.40 feet and a
central angle of 10°31'58", a distance of 185.01 feet; thence along a
curve to the left, having a radius of 974.20 feet and a central angle of
18°02'00", a distance of 306.62 feet; thence N. 50°44'03" W. 7.16 feet;
thence along a curve to the right, having a radius of 265.73 feet and a
central angle of 71°56'02", a distance of 333.62 feet; thence along
a curve to the right, having a radius of 184.77 feet and a central angle
of 53°00'26", a distance of 170.94 feet; thence along a curve to the
left, having a radius of 370.98 feet and a central angle of 70°54'53", a
distance of 459.16 feet; thence N. 03°17'33" E. 71.85 feet; thence
along a curve to the left, having a radius of 1305.71 feet a central
angle of 07°42'58", a distance of 175.84 feet (chord bears S. 82°03'32"
W. 175.71 feet); thence S. 78° 12'03" W. 686.87 feet; thence along a
curve to the right, having a radius of 447.52 feet and a central angle
of 22° 52'02", a distance of 178.61 feet; thence along a curve to the
left, having a radius of 230.68 feet and a central angle of 19°35'22", a
distance of 78.87 feet; thence S. 81° 28'43" W. 67.84 feet; thence along
a curve to the left, having a radius of 699.09 feet and a central angle
of 07° 14'29", a distance of 88.36 feet; thence S 74°14'14" W. 15.54
• •
Panorama
Page 2
Estates
feet; thence along a curve to the left, having a radius of 49.92 feet
and a central angle of 54°28'20", a distance of 47.46 feet; thence along
a curve to the right, having a radius of 152.89 feet and a central angle
of 68° 30'03", a distance of 182.79 feet; thence along a curve to the
right, having a radius of 946.24 feet and a central angle of 07°08'O1",
a distance of 117.81 feet; thence along a curve to the right, having a
radius of 121.00 feet and a central angle of 64°40'06", a distance of
136.57 feet; thence along a curve to the right, having a radius of
201.39 feet and a central angle of 34°17'58", a distance of 120.56 feet;
thence along a curve to the right, having a radius of 268.40 feet and a
central angle of 31°16'02", a distance of 146.47 feet; thence along a
curve to the left, having a radius of 104.09 feet and a central angle of
41°08'05", a distance of 74.73 feet; thence N. 04°29'59" E. 8.97 feet;
thence along a curve to the left, having a radius of 392.88 feet and a
central angle of 29°59'59", a distance of 205.71 feet; thence N. 25°30'
00" W. 14.84 feet; thence along a curve to the right, having a radius of
1337.41 feet and a central angle of 07°11'08", a distance of 167.73
feet; thence N. 18°18'52" W. 170.36 feet; thence along a curve to the
left, having a radius of 77.08 feet and a central angle of 55°48'59", a
distance of 75.09; thence N. 16°06'11" E. 62.26 feet; thence N. 58°09'
19" E. 579.73 feet to the West line of said Northeast Quarter of Section
17; thence N. 00°11'40" W. along said West line of Section 17 709.50
feet to the North Quarter Corner of said Section 17; thence S. 88°27'01"
E. along the North line of said Northeast Quarter of Section 17 2628.31
feet to the common Northeast Corner of said Section 17 and Northwest
Corner of said Section 16, the True Point of Beginning; containing 419.87
acres, more or less;
•
InRD MARDEN DAVIS
STUBBS
. r.LE, W HOAGLAND
AHD W. RCA
H HARR'
O MART:
•. M SAYRE
„I, M HOPFENBECK, JR
I l SHANSTROM
.. R F OTTE I' JR.
r+ WCUDWARO
J O'CONNOR
R ASH
5. NICHOLS
HARD FREESE, JR
HARRIS
HALVERSON
AM A. HILLHOUSE II
..1RT 5. ZINN
PECK
.I AI. I. WEEKS
DAVID M. EBEL
ROBERT S RICH
ROBERT 1. MORRIS
JAMES F CULHANE
JOHN L MCCABE
RICHARD P. HOLME
DONALD E. PHILLIPSON
BRIAN T. DOLAN
JAMES T. BUNCH
FRANK L ROBINSON
ANTHONY VAN WESTRUM
JOSEPH G HODGES. JR
ANDREA I WILLIAMS
ALAN M. LOF:B
pRUCE CAMPBELL
CHARLES D CALVIN
WILLIAM A. BIANCO
GALE T. MILLER
HOWARD L. BOIGON
RICHARD W. DAILY
DAvis, GRAHAM & STUBBS
ATTORNEYS AT I.AW
.'H(10 COLORADO NATIONAL BUILDING
950 SEVE:NTEF.NTH STREET
DENVER, GOLORADO 80202
TELEPHONE 303 892 '1n00
TELECOPIER 303.893-1379 / 893 8695
CABLE DAVGRAM, DENVER
Jon K. Mulford, Esq.
600 E. Hopkins
Aspen, Colorado 81611
Dear Jon:
February 21, 1979
Re: Case Nos. W-3404 and W-3926
Water Division No. 5
DONALD 5. GRAHAM WILLIAM V. HODGES, JR.
COUNSEL
MARCIA CHADWICK HOLT
CHRISTINE L. MURPHY
DOUGLAS V. JOHNSON
FRANK R KENNEDY
CARL B. INGRAM
ROBERT V. TROUT
DONALD A BARNES
FELICITY HANNAY
J. BRIAN STOCKMAR
STANLEY L. GRAZIS
JOSEPHINE S WEIRICH
RICHARD J LACOUTURE
JOHN C. HENRY, JR.
DAVID K. ISOM
SUSAN ZIMMERMANN
THOMAS J. RAGONETTI
DAVID J. SCOTT
RICHARD M. JONES
JOSEPH J. BELLIPANNI
J. STEVEN PATRICK
DAVID 5. COHEN
SHERRILL A. SHERMAN
SAMUEL F. SARACINO
RAYMOND P. MOORE
JANICE K. BORGERSON
JOSEPH P. MCMAHON. JR.
DENNETT L. HUTCHINSON
Enclosed is a copy of a Motion and Order which I
filed yesterday to consolidate the Colorado Country's condi-
tional water right application case with our augmentation
plan case. In addition, the notion seeks to reschedule the
trial to April 25, 26 and 27 of this year.
Bill and I feel that by consolidating these two
cases we will solve any problems there may be regarding
Ed Weakly's determination that the Colorado Country's wells
may affect Spring Park Reservoir to some extent. As you can
see from the Motion, all opposing parties have consented to
the consolidation and rescheduling of the trial. Lee Leavenworth
conditioned his agreement to the consolidation upon the re-
scheduling of the trial to April. We feel that the one month
delay in the trial is a good trade off for the consolidation
of the two cases.
In addition, I have discussed these cases with Chuck
Woodruff who represents Union Oil. Upon the advise of Union
Oil's hydrologist, he has told me that Union Oil will be with-
drawing from both cases in the next week or two. This determina-
tion was based upon a review of Ed Weakly's work and is a good
indication that Ed's work will stand up under the scrutiny of
the Court. We are tentatively planning to call Union Oil's
hydrologist as a witness in our case to buttress Ed's testimony.
If you have any questions regarding these matters please feel
free to call either myself or Bill.
Very truly yours,
Robert V. Trout
for
DAVIS, GRAHAM & STUBBS
cc: Mr. John Wix
• f
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Consolidated Case Nos. W-3404 and W-3926
IN THE MATTER OF THE
APPLICATION FOR WATER
RIGHTS OF COLORADO
COUNTRY PANORAMA
RANCHES IN GARFIELD
COUNTY.
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
JUDGMENT AND DECREE
THIS MATTER.came on for consideration before the
Court on April 25, "1979. The Court being. fully advised in
the premises hereby finds, concludes and decrees as follows:
I. FINDINGS OF FACT
1. An Application for Water Right (Underground or
Well) was filed by Colorado Country Panorama Ranches, also
known as Colorado Country Panorama Estates, a Colorado :Limited
partnership (hereinafter "Applicant") on June 20, 1977. An
Amended Application for Water Right (Underground or Well)was
filed by the Applicant on August.18, 1977. The Amended
Application restated the original Application and claimed an -
additional use of water for fire protection. The original
and amended applications are denominated Case No. W-3404.
2. Timely and adequate notice of the pendency of
Case. No. W-3404 has been given in the manner required by law.
3. Timely. Statements of Opposition were filed in
Case No. W-3404 by Loyal E. Leavenworth and the Colorado
River Water Conservation District. Entries of appearance in
Case No. W-3404 were filed by the Needham Ditch Company.and
the Union Oil Company of California. The Statements of Oppo-
sition filed by Loyal E. Leavenworth and the Colorado River
Water Conservation District have been withdrawn: The entry
of appearance of the Union Oil Company of California has been
withdrawn. Needham Ditch Company has consented to entry of
• •
this Decree conditioned upon the inclusion of certain provi-
sions in this Decree. The Court hereby finds that said
provisions are included in substance in this Decree.
4. No further Statements of Opposition have been
filed in Case No. W-3404, and the period for such filing ex-
pired on October 31, 1977.
5. An Application for Approval of Plan for Aug-
mentation was filed by the Applicant on or about October 31,
1978. This Application is denominated Case No. W-3926.
6. Timely and adequate notice of the pendency of
Case No. W-3926 has been given in the manner required by law.
7. Timely Statements of Opposition in Case No.
W-3926 were filed by the Colorado River Water Conservation
District, Needham Ditch Company, the Missouri Heights Irriga-
tion Company and the Union Oil Company of California. The
Statements of Opposition filed by the Colorado River Water
Conservation District and the Union Oil Company of California
have been withdrawn. Needham Ditch Company and the Missouri
Heights Irrigation Company have consented to entry of this
Decree conditioned_. upon -the inclusion of certain •provisions
in this Decree. The: -Court hereby finds that said provisions.
are included in substance in this Decree.
8. No further Statements of Opposition have been
filed in Case No. W-3926, and the time for such filing expired
on December 31, 1978. There have been no entries of appearance
filed in Case No. W-3926.
9. Upon agreement by all parties, Case Nos.
W-3404 and W-3926 were consolidated for all purposes by order
of the Court dated March 8, 1979.
10. This Court has jurisdiction over the subject
matter of these proceedings and over all who have standing to
appear as parties, whether they have appeared or not.
A. Conditional Water Right Decree
11. Applicant's Panorama Ranches is an approxi-
mately 415 acre subdivision located in Sections 16 and 17,
Township 7 South, Range 87 West of the 6th P.M. in Garfield
County, Colorado. Panorama Ranches will consist of 53 lots
which Applicant anticipates will be used for single-family
residential purposes primarily on a year around basis.
12. Water will be supplied to each single-family
residence in Panorama Ranches by a domestic water distribu-
tion system to be constructed by Applicant. Water will be
supplied to said system by three wells (hereinafter "Wells")
to be drilled in the Pleistocene basalt formation at the
following locations:
Well No. 1: Southwest quarter of the Northwest
quarter of Section 16, Township 7 South, Range 87 West of the
6th P.M., Garfield County, Colorado.
Well No. 2: Southeast quarter of the Northeast
quarter of Section 17, Township 7 South, Range 87 West of the
6th P.M., Garfield County, Colorado.
Well No. 3: Northeast quarter of the Southeast
quarter of Section 17, Township 7 South, Range 87 West of the
6th P.M., Garfield County, Colorado.
Applicant seeks a conditional water' right decree for the
Wells in Case No. W-3404.
13. The Wells are located in the watershed of the
Roaring Fork River.
14. 'The appropriation for the Wells was initiated
by staking the proposed well locations and well permit appli-
cation on or before March 31, 1977, and Applicant has pro-
ceeded diligently since that date with the development of the
appropriations.
15. Applicant claims 50 gallons per minute of
water or the actual yield of the aquifer, whichever is less,
for each well. Applicant claims a maximum annual appropriation
of 48 acre-feet of water per year for all three Wells.
16. Applicant claims the water from the Wells for
in-house domestic and fire protection uses only.
17. Well permits for the Wells have been issued by
• •
the Colorado State Engineer's Office, well permit numbers
22437-F, 22438-F and 22439-F. The conditions contained in
said well permits have been complied with or are included in
other provisions of this Decree.
B. Augmentation Plan
18. On the basis of year around occupancy by 3.5
persons per housing unit, a total of 188 people, and a per
capita requirement of 75 gallons per day, the maximum annual
average diversion through the three Wells is projected to be
approximately 15.8 acre-feet.
19. Applicant intendsthat sewage from the homes
in the Panorama Ranches subdivision will be disposed of
through engineer designed drainage fields which minimize
evapotranspiration. Consumptive use of the water diverted
through the Wells is estimated to be 10%or a maximum annual
average of 1.58 acre-feet. The remainder of the water diverted
through the Wells will return to the watershed of the Roaring
Fork River.
20. Applicant has agreed to impose restrictive
covenants and deed restrictions -regarding each and'every
parcel of -land or 1at'inthe Panorama Ranches subdivision
which will be binding on 'subsequent 'landowners and which,
among other things, will limit the use of water from the
Wells to in-house domestic and fire protection purposes, with
no outside irrigation. Applicant further proposes to name
the Needham Ditch Company and the.Missouri Heights Irrigation
Company as third party beneficiaries of said provision in the
restrictive covenants and provide them with all legal and
equitable rights of enforcement attendant to said status.
21. Applicant has agreed to install a totalizing
flow meter on each Well and to allow the Needham Ditch Company
and the Missouri Heights Irrigation Company to inspect diver-
sion and meter records relative to the Wells at -reasonable
times and places during the period the Court retains jurisdic-
tion of these cases as hereinafter provided.
•
22. Applicant intends to cause the creation of a
property owners association or comparable organization, with
the power and responsibility of enforcing the obligations of
this Decree and owning and maintaining the shares of stock in
the Missouri Heights Irrigation Company described hereafter.
23. The aquifer which will supply the Wells is not
tributary to Cattle Creek.
24. While the aquifer which will supply the Wells
ultimately discharges to the Roaring Fork River, the travel
time for water to move through the aquifer from the location
of the Wells to the Roaring Fork River is approximately 1800
years. The time of_ effect upon the Roaring Fork. River from
pumping. the Wells is predicted to be approximately the same
as this travel time.
25. The majority of the supply for the Wells will
come from regional precipitation, but some recharge into the
aquifer could be induced from Spring Park Reservoir, located
in Sections 11, 14, 15, 22 and 23, Township 7 South, Range 87
West of the 6th P.M., approximately 9,000 feet to the east of
the Wells. Conservative calculations indicate that the
eventual depletive effect of.
the -Wells upon Spring Park
Reservoir will be a -most 0.5 acre-feet per year. This
effect would first appear approximately 10 to 40 years after
the commencement of. Well. operation.
26. Spring Park Reservoir is a facility of the
Missouri Heights Irrigation Company. It is an off -stream
reservoir, filled by diversions from Cattle Creek, and the
right to use water stored therein is represented by shares of
stock in the Missouri Heights Irrigation Company. Hist/ori-
cally, each share of stock has represented an average of .65
g4 tc- acre-foot of water per year in storage.
27. Applicant's augmentation plan is to cause the
amount of water attributable to three shares of stock in the
Missouri Heights Irrigation Company to be left in Spring Park
Reservoir each year to protect it from the above -described
•
induced depletions. This will be accomplished by conveying
three shares of said stock to the above -described property
owners association or comparable organization upon conditions
which require said association to use'said stock as above -
described and to pay all assessments on said stock.
28. The operation of the foregoing augmentation
plan will result in unappropriated water being available for
diversion by the Wells to the extent necessary to supply the
amounts hereby conditionally decreed to the Wells.
29. No owner of or persons entitled to use water
under vested water rights or decreed conditional water rights
will be injuriously affected by the operation of the Wells.
without curtailment by the State water officials, so 'long as
the plan for augmentation is administered in accordance with
its terms.
30. The use of water represented by stock in the
Missouri Heights Irrigation Company contemplated by the plan
for augmentation does not constitute an abandonment of such
water or water rights.
CONCLUSIONS OF LAsI.
. Conditional Water Right Decree
31. The statements contained in the original and
amended Applications filed in Case No. W-3404, as modified
herein, are true.
32. The Applicant is entitled to a decree for con-
ditional water rights for Panorama Ranches Well Nos. 1, 2 and
3 as follows:
(a) The location of the points of diversion
are as described above in paragraph 12.
(b) The source of water for the Wells is the
Pleistocene basalt formation, which is located in the
watershed of the Roaring Fork River.
(c) The date of initiation of the appropria-
tion is March 31, 1977, and Applicant has proceeded
• •
diligently since that date with the development of the
appropriations.
(d) The amount of water is 50 gallons per
minute or the actual yield of the aquifer, whichever is
less, for each well, with a combined annual maximum
appropriation of 48 acre-feet of water per year for all
three Wells, conditional.
(e) The use of water shall be for in-house
domestic and fire protection purposes only within the
Panorama Ranches subdivision.
(f) As required by the well permits issued by
the Colorado State Engineer's Office, a totalizing flow
meter must be installed on each Well discharge when the
water is put to beneficial use. Diversion records shall
be submitted, upon request, to the Colorado Division of
Water Resources.
(g) Diversions may be effected pursuant to
the conditional water rights hereby granted only so long
as the plan for augmentation described above is in
effect and operating according to its teims.
�- Augmentation Plan
33. The. statements contained in the Application
filed in Case No. W-3926, as modified herein, are true.
34. The Wells are not tributary to Cattle Creek
and are legally non -tributary to the Roaring Fork River under
the rule in Kuiper v. Lundvall, 187 Colo. 40, 529 P.2d .1328
(1974).
35. The Applicant is entitled to a decree approv-
ing the plan for augmentation set forth above.
36. As a matter of law, the operation of the
above -described augmentation plan will result in unappropriated
water being available for diversion by the Wells, and no
owner of or persons entitled to use water under vested water
rights or decreed conditional water rights, including Objectors
herein, will be injuriously affected by the operation of the
• •
Wells in accordance with the plan for augmentation.
37. As a matter of law, the water and water rights
represented by three shares of stock in the Missouri Heights
Irrigation Company are not abandoned by virtue of the commit-
ment of said shares to this plan for augmentation.
JUDGMENT AND DECREE
1. The foregoing Findings of Fact and Conclusions
of Law are hereby incorporated into this Decree as if fully
set forth herein.
A. Conditional Water Right Decree
2. The,_amended Application for Water Right (Under-
ground or Well), modified as set forth hereinabove, is hereby
approved.
3. The conditional water right herein awarded is
hereby continued in full force and effect until May, 1983.
If Applicant desires to maintain such conditional decree, an
application for a quadrennial finding of reasonable diligence
shall be filed on or before May, 1983, or a showing made on
or before such date that the conditional water.r-ight has
become an absolute water right by reason of the completionof
the appropriation.
4. The priority herein awarded shall be junior to
all priorities of water rights from the same source awarded
in applications filed prior to 1977. As between all water
rights awarded on applications filed during 1977, priorities
shall be determined by historical dates of appropriation and
not affected by the date of entry of the decree.
B. Augmentation Plan
5. Applicant's plan for augmentation, as set
forth hereinabove, is hereby approved, and it is hereby
ORDERED that the Wells may be operated in accordance with
this Decree, without curtailment for the benefit of more
senior priorities, so long as this plan for augmentation is
being operated in accordance with the terms of this Decree.
• •
6. The use of the water and water rights attri-
butable to three shares of stock in the Missouri Heights
Irrigation Company for replacement or augmentation purposes
under this plan for augmentation is hereby approved.
7. The approval of Applicant's plan for augmen-
tation set forth above is subject to the following conditions:
(a) The Applicant shall cause to be formed a
property owners association or comparable organization
with the power and responsibility of enforcing the
obligations of this augmentation plan and Decree.
(b) The Applicant shall cause three shares of
stock in the Missouri Heights. Irrigation Company to be
conveyed to said -association subject to the restrictions
of the plan for augmentation.
(c) Applicant shall impose restrictive cove-
nants and deed restrictions regarding each and every
parcel of land or lot in the Panorama Ranches subdivision
which will be binding upon subsequent landowners and
which, among other things, provide that water from the
Wells -may be used only for in-house domestic and fire
protection purposes, with no outside irrigation. -Needham
Ditch Company and -Missouri Heights Irrigation Company
shall be named as third party beneficiaries with respect
to the provisions of said covenants and deed restrictions --
which prohibit outside irrigation and shall have all
legal and equitable rights of enforcement attendant to
said status.
(d) The Applicant shall install a totalizing
flow meter on each Well and the Needham Ditch Company
and the Missouri Heights Irrigation Company shall have
the right to inspect diversion and meter records relative
to the Wells at reasonable times and places during the
period the Court retains jurisdiction of these cases as
provided below.
8. The approval of the plan of augmentation shall
• •
be subject to reconsideration by the Water Judge on the
question of injury to the vested rights of others for a
period of two years after the issuance of building permits on
43 of the lots in the Panorama Ranches subdivision. The
Court also retains jurisdiction of both of these cases during
the same period to permit Needham Ditch Company, the Missouri
Heights Irrigation Company or either of them to :reopen these
proceedings for reconsideration of the question of injury to
their respective water rights from the operation of the plan
for augmentation or withdrawals from the Wells.
9. It is. hereby ORDERED that a copy of this
:Decree shall be filed with the Division Engineer for Water
Division No. 5 and -with :the State Engineer
7.
DATED this 6J'day of CZrC'
1979.
/Water ,fiudga
Approved as to form
and substance:
DAV I S , GRAHAM & STZUBBS
By
Robert V. Trout, 47190
Attorneys for Applicant
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
By
Loyal E. Leavenworth, #6696
Kevin L. Patrick, 49124
Attorneys for Needham
Ditch Company
MINCER AND HARTERT
By
Lawrence M. Mincer, #2604
Attorneys for Missouri Heights
Irrigation Company
-10-
JOHN D. h1USICK, JR.
STEPHEN T. WILLIAMSON
ATAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN I_ PATIUC:K
JAMES S. LOCHHEAD
IUSICK, WILLIAMSON, SCHWART'
116
LEAVENWORTH & COPE, Y.C. IP
KITORNEYS AT LAW
75 MANHATTAN DRIVE - SUITE 1
P.O. BOX 4579
BOULDER, COLORADO 80306 -
TELEPHONE (303) 499.3990
(COLO) 1-800 332-2140
May 3, 1979
Glenwood Springs
Ms. Johanna Tonozzi
Water Clerk, Water Division No. 5
P. 0. Box 1300
Glenwood Springs, CO 81601
Re: Case No. W-3404 and W-3976
Dear Johanna.
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, CO. 81601
TELEPHONE (303) 9 45.8513
FILED
IN WATER COURT
Division No. 5
MAY4-1979
STATE t TCOLCRADO
lrtzn CLERK
EY D_?UTY
Enclosed, for filing with the Court, is an "executed
signature page of the Findings of Fact,. Conclusions of
Law, Judgment and Decree in the above -referenced proceedings.
It has been requested by the Court, through Robert
Trout, the Applicant's attorney, to exhibit approval of
the Judgment and Decree by forwarding the executed signature
page.
Please feel free to call if you have any questions.
Very truly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
By
KLP/j
Enc. •
cc: The Honorable George E. Lohr (w/enc.)
Robert V. Trout, Esq. (w/enc.)
vin L. Patric
• •
be subject to reconsideration by the Water Judge on the
question of injury to the vested rights of others for a
period of two years after the issuance of building permits on
43 of the lots in the Panorama Ranches subdivision. The
Court also retains jurisdiction of both of these cases during
the same period to permit Needham Ditch Company, the Missouri.
Heights Irrigation Company or either of them to reopen these
proceedings for reconsideration of the question of injury to
their respective water rights from the operation of the plan
for augmentation or withdrawals from. the Wells.
9. It is hereby ORDERED that a copy of this
Decree shall be filed: with- the Division Engineer for Water
Division No. 5 and with the State Engineer.
DATED this day of
1979.
Water Judge
Approved as to form
and substance:
DAVIS,
By v� .�C.Z V ; ,,-,.
Robert V. Trout, z7190
GRAHAM & STUBBv ..
Attorneys for Applicant
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
By
r
Loya venwort • , �6696
Kevi rick,
Attorneys for Needham
Ditch Company
MINCER AND HARTERT
By
Lawrence M. Mincer, #2604
Attorneys for Missouri Heights
Irrigation Company
-10-
NEIL S. MINCER
LAWRENCE M. MINCER
LAW OFFICE$
MINCER AND HARTERT
810 PITKIN AVENUE
P.O. BOX 850
GLENWOOD SPRINGS, COLORADO 8160t
TELEPHONE: (3031 945-5448
May 17, 19.79
George H. Lohr HAND DELIVERED
Water Judge,
Water Division No. 5
Garfield County Courthouse
Glenwood Springs, Colorado 81601.
Dear Judge Lohr:
GERALO D. HARTERT
RC, ALD M. WILSON
FMIFHL - F O
1N WATER COURT
Divisia,i No. 5
b4Y 1`7'1979
STATE -OP- OLORADo
W.T-i CLERK
BY DEPUTY.
Re: Case Nos. W-3404 and '
W-3926
Robert Trout, the attorney. for the applicant in the above
referenced cases submitted a draft of the findings of fact,
conclusions of law, judgment and decree. The judgment and
decree conforms tohe:stipulation entered into between Mr.
Trout and me as attorney for Missouri heights Irrigation
Company. I do have some reservations however about the
finding in the last sentence of paragraph 26 on page 5 of
the draft which reads "Historically, each share of stock has
represented an average of .65 to .75 acre-foot of water per
year in storage."
I reviewed the State Engineer's records entered as an
exhibit in this case which cover 11 years between 1959 and
1974 inclusive except for 1960, 1964, 1968, 1969 and 1972.
There also appeared no records from 1975 through 1978. In
several instances the records refer to a footage reading on
the gauge on a certain date and there is no indication as to
whether this is the maximumwater`delivered to the reservoir
.for storage during that years= -:In other_ instances there are
references to- "full"- or:;"one-half. full": and 'there appears to
be.discrepancies between various reports as to the exact
number of acre-feet.constituting a "full" reservoir.
For these reasons, I would request that this sentence be
changed to read "Historically, each share of stock has
represented an average of at least .65 acre-foot of water
per year in storage."
Yours very truly,
MINCER AND HARTERT
LMM/cl
cc: Robert V. Trout
Kevin L. Patrick
RICHARD MAR?=_N DAVIS
DONALD S. STU:•!TS
DONALD W. HOAGLAND
HOWARD W REA
ROBERT H HARRY
CI YOE O. RIARTZ
JOHN M. SAYRE
GE:iRGE M HOPFENBECK, JR
RGBE:RT L. SHANSTROM
AR; H'JR E. OTTEN, JR.
LE s•TER R. WOOii-,V ARO
DONALD J O'CONNOR
WALTER B ASH
THOMAS S. N!CHOLS
L. RICHARD FREESE, JR.
DALE R. HARRIS
JON N. HALVERSON
WILLIAM A. HLLHOUSE t
ROBERT S. ZINN
NEIL PECK
RANDALL WEEKS
DAVID M. EBEL
PO: ART 5. RICH
ROilr'RT 1. MORRIS
JAMES E. CULHANE
JOHN L. MGCARE
RICHARD P. HOLM,E
DONALD E. PHIII.IPSON
BRIAN T. DOLAN
JAMES T. BUNCH
PRANK L. ROBINSON
ANTHONY VAN WESTRUM
JOSEPH G. HODGES, JR.
ANDREA 1. WILLIAMS
ALAN M. LOEB
A. BRUCE CAMPBELL
CHARLES O. CALVIN
WILLIAM A. BIAN`,O -
GALE T. MILLER
HOWARD L. BOIGON
RICHARD W. DAILY
•
DAVIS, Gr \r-EAbI LET'. STUBBS
ATTORNEYS AT LAW
2600 COLORADO NATIONAL BUILDING
950 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE 303.992-9400
TELEC0PIE, 303-893.1379 / 893-8695
CABLI DAVGRAM, DENVER
May 21, 1979
The Honorable George E. Lohr
Water Judge ---.Water Division No. 5
P. O. Box 1300
Glenwood Springs, CO GI601
Re: _ W-3404 and. W-3926
Water Division No. 5
Dear Judge Lohr:
DONALD S. GRAHAM WIl LIAM v. HODGES, JR.
COVNSEL
MARCIA CHAD4VICK HOLT
CHRISTINE L MURPHY
DOUGLAS V. JOHNSON
FRANK R. KENNEDY
CARL O. INGRAM
ROBERT V. TROUT
DONALD A. BARNES
FELICITY HANNAY
J. BRIAN STOCKMAR
STANLEY L GRAZIS
JOSEPHINE S. WEIRICH
RICHARD J. LACOUTURE
JOHN C. HENRY, JR.
DAVID K. ISOM
I have received Mr. Mincer's letter dated May 17,
1979, regarding a minor alteration of the language in the
last sentence of paragraph 26 of my proposed decree in the
above referenced cases. Please be advised that I have no
objection to Mr. Mincer's requested change.
RVT:mjb
cc: Lawrence M. Mincer
Kevin L. Patrick
The Honorable George
Very truly yours,
Robert V. Trout -
- for
DAVIS, GFZAHA`•Z &- STUBBS
E. Lohr - Aspen, CO
SUSAN ZIMMERMANN
THOMAS J. RAGONETTI
DAV,0 J. SCOTT
RICHARD M. JONES
JOSF PH J. BELLIPANNI
J. STEVEN PATRICK
DAVID S. COHEN
SHERRILL A. SHERMAN
SAMUEL F. SARACINO
RAYRIOND P. MOORE
JANICE K. BORGERSON
JOSEPH P. M.:MAHON, JR
DENNETT L. HUTCHINSON
•
•
JOHN D. MUSICK, JR
STEPHEN T. WILLIAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SCE EI.LEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN L PATRICK
JAMES S. LOCIIHFAD
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P.C.
ATTORNEYS AT IAW
75 MANHAITAN DRIVE - SUITE 1
Y.O. BOX 4579
BOULDER, COLORADC) 80306
TELEPHONE (303) 499-3990
(COLO) 1-800 332-2140
May 23, 1979
Glenwood Springs
The Honorable George E. Lohr
District Judge, Ninth Judicial District
Pitkin County Courthouse
506 East Main Street.
Aspen, _CO 81611
Re: Case Nos. W-3404- and W-3926
Dear Judge Lohr:
T ztt" eck 4�.5'LEs�. p "�. --ter•^ nl¢ M1�
(,arnbined Cowl Cie: i! 5
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
P.O. DRAWER 2030
GLEN\VOOD SPRINGS, CO. 81601
TELEPHONE (303) 945.8513
I have discussed with Mr. Mincer the change which his clients feel
is necessary and appropriate to the Stipulation in the above -referenced
proceedings and which has been set forth in his letter of May 17, 1979. I
have no objections to the requested change in the Stipulation..
Very truly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE , C.
vin L. Petrick
KLP/j
cc: The Honorable George
Colorado
Robert V. Trout, Esq.
Mr. Albert D. Doyal, President, Needham Ditch Company
E.
Lohr,
P. 0.
Box
1300,
Glenwood
Springs,
• •
1
PROTECTIVE COVENANTS
FOR
PANORAMA RANCHES
A RURAL COMMUNITY
Colorado Country Panorama Estates, a Colorado limited partnership,
as the developer of the lands hereinafter described, hereby sets forth
these Protective Covenants for the benefit of said lands and the owner
or owners thereof.
These covenants shall attach to the following described real property
To Wit:
Panorama Ranches, A Rural Community, consisting
of 53 homesteads or lots numbered 1 through 53,
together with the Open Space parcels and dedicated
roads as shown on the recorded plat thereof, as
recorded in the Office of the County Clerk of
Garfield County, Colorado on
as Reception No. , in Plat
Book at Page
Colorado Country Panorama Estates, a Colorado limited partnership, and
Robert E. Donlan and Mary C. Donlan, hereinafter called "Declarant",
hereby declare that the following covenants, conditions, restrictions and
reservations shall attach to the said real property and every lot or
homestead thereof and shall constitute covenants running with the land:
1. Residential Use: No lot or homestead shall be used for any
purpose other than residential purposes. No buildings, improvements or
structures shall be constructed on any lot or homestead smaller than five (5)
acres in size, other than a single family dwelling and such improvements
or structures as are incidental or appurtenant to a single family dwelling
or to uses hereinafter defined. No lot or homestead shall be used at any
time for business or commercial activity. Notwithstanding the foregoing,
any lot or homestead may be used by Declarant, or its nominee, for a model
home or sales office for the purpose of selling lots or homes, and, within the
limitations permitted by zoning regulations, in-house non-polluting business
activities may be conducted by homestead owners. No structures
1
• •
of any sort, with the exception of fences as provided for hereinafter,
shall be constructed closer than fifty (50) feet to any lot line.
2. Animals. Horses, sheep and cattle shall be permitted to be kept
on theland ,however barns or stables and corrals must be constructed for
the animals. No more than one horse or cow or two sheep shall be permitted
per acre. The location and building plans for any barn or stable and corrals
must be approved by Declarant or the succeeding Homeowners Association, if
architectural control is assigned thereto as provided hereinafter, prior
to their construction. Pigeons and poultry shall be permitted within a
limitation of twenty birds per household and poultry shall be properly
penned, with the location of such pen or enclosure subject to the prior
approval of the Declarant or its successors in interest.
Dogs shall be permitted only subject to the strictest interpretation
of the following restrictions: No dog shall be permitted to trespass beyond
the boundaries of the lot or homestead owned by the person or persons
where the dog is housed unless accompanied by a person in full control of
the animal's behavior. Declarant or the Homeowners Association shall have
the right and obligation to assess and enforce payment of a fine by the
dog's owner of one -hundred dollars ($100.00) for each violation of this
restriction. In addition to the foregoing penalty, any dog caught chasing
or molesting deer, poultry or domestic animals may be disposed of by Declarant or the
Homeowners Association, or by the owner of the molested animal or bird.
3. Oil, Gas and Mineral Development: A portion of all oil, gas
and mineral rights is owned by Declarant with the remaining owned by others.
Declarant shall not exercise its rights and shall convey them to the
Panorama Ranches Homeowners Association. Purchasers may be indemnified
for surface damage which might occur from the exercise by other owners
of said mineral rights by requesting additional protective coverage:
in their policies of title insurance at the time of purchase, and purchasers
shall pay any additional title insurance premium for such coverage.
4. Irrigation Water Rights: An easement is hereby granted to all
• •
owners of ditch rights and irrigation water rights conveyed by said ditches
to enter upon any parcel or parcels within the subdivision at reasonable
times for the purpose of repair, construction or maintenance of irrigation
canals or ditches located upon existing easements. Declarant or the
Homeowners Association shall further be entitled to apply irrigation water
at reasonable times to common green belt easements located upon any parcel
or parcels as in its discretion it may determine necessary and desirable.
Lot or homestead owners similarly shall be entitled to apply irrigation
water at reasonable times to the land they own.
5. Domestic Water Rights: Pursuant to the laws of the State of
Colorado which restrict domestic well water usage to in-house only on parcels
of land less than 35 acres in size, and further pursuant to the Decree rendered
by the District Court in and for Water Division No. 5, State of Colorado,
in Consolidated Case Nos. W-3404 and W-3926, the use of water shall be for
in-house domestic and fire protection purposes only within the Panorama
Ranches subdivision. The Needham Ditch Company and the Missouri Heights
Irrigation Company hereby are named third party beneficiaries with respect
to the provisions of these protective covenants insofar as they prohibit
outside irrigation by water from the wells of the Panorama Ranches domestic
water system and said entities shall have all legal and equitable rights of
enforcement attendant to said status.
A Mutual Water Company will be created by the Homeowners Association
to regulate, manage and maintain the supply of domestic water in Panorama
Ranches. Each owner shall be required to obtain from the Company all
domestic water. No water from any other source shall be allowed without
the written consent of the Board of Directors being first obtained. The
water shall be delivered to each lot through a water distribution system
with the regulation of flow of water obtained either by the sizing of line
to each lot or the metering of the water delivered, or a combination of both.
Charges for such water shall be sufficient to pay the cost of obtaining the
water from the well head source, distributing the same, maintaining the
distribution system and providing a capital reserve for reconstruction of
the system as necessary. The owners of all parcels shall be members and
shall be required to maintain membership in such Association and Water Company
- 3 -
• •
r
and shall be entitled to one (1) vote for each parcel owned and shall be
required to pay assessments levied by the Company which assessments shall
be prorated equally among the parcels. If the owner or owners of any parcel
fail, after demand, to pay any assessment levied by the Mutual Water Company
or Homeowners' Association, then the Mutual Water Company, homeowners'
Association or Panorama Ranches, whichever incurred such costs, shall have
a lien, from and after the time of notice of such failure to pay is recorded
in the office of the County Clerk and Recorder of Garfield County, Colorado
against the parcel of such owner or owners for the amount due and not paid,
plus interest from the date of demand for payment at the rate of one percent
(1%) per month, plus all costs and expense of collecting the unpaid amount,
including reasonable attorney's fees.
6. Signs: No sign and no advertising device of any nature shall be
placed upon the property except a small sign, no larger than 6" x 18", in
form and design approved by Declarant, which shall constitute the Architectural
Control Authority, showing the owner's name and/or property address of the
parcel, and except a sign in form and design approved by the Architectural
Control Authority, to indicate the lot or homestead is for sale and the
party, the address and/or telephone number to contact for information about
such sale, and except such other type of sign or signs as may be approved
in writing by the Architectural Control Authority. Notwithstanding the
foregoing, street identification signs and traffic control signs and a
conceptual sign identifying the community may be erected by the devleoper.
7. Sewage Disposal: All sewage disposal facilities, sanitary system,
septic tank, sewage leach fields, percolation systems, or drain fields shall
be installed and constructed according to the health and safety standards
of the County of Garfield and the State of Colorado.at the expense of lot or
homestead owners.
8. Drainage Control: Each lot or homestead shall provide one or more
culverts where driveways cross any road or irrigation ditch. The minimum
size culvert shall be eighteen (18) inches in diameter unless approval is
given by the Architectural Control Authority for a smaller size. No building
may be erected closer than fifteen (15) feet from any irrigation ditch, whether
- 4
or not said ditch appears on the subdivision plat as a surveyed easement.
No lateral irrigation ditch may be blocked in any way which would impede
the flow of water to or from adjoining lands. Lateral ditches may be relocated
provided such change does not adversely affect the flow of irrigation water
to or from adjacent lands, and then only with the written consent of the
Declarant or the Homeowners Association.
9. Temporary Structures: No tent or shack shall be placed upon any
parcel and no temporary building, trailer, mobile home, improvement or
structure shall be placed upon any lot or homestead, except during such
reasonable period as may be necessary for the construction of approved
improvements on such lot. No temporary building, trailer, mobile home,
improvement or structure permitted during construction periods shall be
used as a residence, except for a period not exceeding six months while
construction of a dwelling is in progress. Declarant, however, may store
materials, equipment and machines on any common lands providing such materials,
equipment, and machinery are used for the general maintenance of subdivision
roads and open space or the construction of subdivision roads and open space
or the construction of residential houses for sale.
10. Zoning: No lands within Panorama Ranches shall ever be occupied
or used by or for any structure or purpose in any manner which is contrary
to the applicable County zoning regulations, except as the same may be allowed
under said regulations as a non -conforming use or by special permit.
11. Enclosure of Unsightly Facilities, Equipment and Removal of Debris:
All unsightly structures, facilities, equipment and other items, including
but not limited to those specified below, shall be enclosed within a solid,
covered structure or screened from view. Any trailer, boat, snowmobile,
disabled vehicle, tractor, snow removal or garden equipment, and any similar
item shall be kept at all times, except when in actual use, in an enclosed
structure. Any refuse or trash container,
gas, oil or water tank, service area, storage pile, or area for
hanging clothing or other household fabrics shall be enclosed or appropriately
screened from view by planting or fencing approved by Declarant or the
Homeowners Association, and adequate to conceal the same from neighbors,
5
• •
streets, private roads and access drives. No lumbei, metals, bulk materials,
scrap, refuse or trash shall be kept, stored or allowed to accumulate on any
lot or homestead except building materials during the course of construction
and then only for such reasonable period of time as is necessary prior to
collection or disposal thereof.
12. Electricity Wires and Poles: Declarant shall provide electric and
telephone transmission lines in or over a street abutting each lot or along
platted easements along a boundary of each lot or homestead. Any extensions
from said lines, except along lot or homestead lines or easements, shall be
underground and shall be installed at the expense of the lot or homestead
owner. All extensions shall be installed in accordance with engineering
standards promulgated from time to time by Holy Cross Electric Association,
Inc. or its successors.
13. Noxious or Offensive Activities: No noxious or offensive activity
shall be carried on upon any lot 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.
14. Architectural Control Authority: Colorado Country Panorama Estates,
a Colorado limited partnership, or its nominee, shall be and constitute the
Architectural Control Authority until such time as it assigns or delegates
the function of Architectural Control Authority to the Panorama Ranches
Homeowners Association, which assignment and delegation shall occur not later
than the sale by Declarant of two-thirds of the lots or homesteads in the
subdivision.
15. Panorama Ranches Homeowners Association: A Colorado non-profit
corporation has been incorporated to further the interests of the lot or
homestead owners of Panorama Ranches and to assume the responsibility of
architectural control and the other obligations of Declarant hereunder upon
delegation of such authority by Declarant and to regulate, manage and
maintain the supply of domestic water in Panorama Ranches and also the
56.78 acres of reserved open space which will be dedicated to the Home-
owners Association. Said duties and obligations shall be provided for
in the individual deed to each Homestead. All lot or
- 6
• •
homestead owners shall be required to obtain their domestic water from the
Association. Quantities of water delivered to each lot or homestead shall
be regulated by size of lines or meters or both. The Association shall
establish water service charges sufficient to operate and maintain the
system and to establish a capital reserve fund for reconstruction of the
system as may be necessary. The owners of all lots or homesteads shall be
members of the Association; shall he required to maintain membership in such
Association; shall be entitled to one (1) vote for each lot or homestead
owned; and shall be required to pay assessments levied by the Association
which assessments shall be prorated equally among the platted lots or
homesteads (including lots or homesteads in the Second Filing after recordation
of a final plat). If the owner of any lot or homestead fails, after demand,
to pay any assessment levied by the Homeowners Association, then the Homeowners
Association or Declarant, whichever incurred such costs, shall have a lien,
from and after the time of notice of such failure to pay is recorded in the
Office of the County Clerk and Recorder, against the lot or homestead of such
owner for the amount due and not paid, plus interest from the due date of
payment at the rate of twelve percent (12%) per annum, plus all costs and
expenses of collection, including reasonable attorney's fees. The lien may
be foreclosed in the manner provided for foreclosure of mortgages in the
State of Colorado.
16. Assessments: In addition to operation and maintenance of the domestic
water system, the Association may levy assessments to maintain and operate the
irrigation ditches and common areas, to promote the recreation, health, safety
and welfare of the residents of Panorama Ranches. Assessments may be used for
subdivision road maintenance if deemed necessary or convenient by the Association.
Assessments shall be levied uniformly against all lots or homesteads in the
subdivision whether improved or not.
17. Approval of Structures: No structure shall be placed upon or permitted
to remain upon any parcel or homestead, or altered i+ny way which will change
its exterior appearance without the prior approval, in writing, of the Declarant
or the Architectural Control Authority, if such responsibilities have been
assigned by Declarant.
- 7 -
• •
•
18. "Structure" Defined: "Structure" as used herein shall mean any
tangible thing above or below the surface of the ground which might affect
the appearance of the property or the health or safety of any person including,
by way of illustration and not limitation, any building, garage, porch, shed,
greenhouse, bathhouse, coop, cage, patio, swimming pool, tennis court,
swimming or tennis cabana, stable, barn, fence, wall, sign, barbecue pit,
tank, playhouse, treehouse, gazebo, pool, pond, excavation, pipe, pole,
wire, cable, or any tree or other landscaping feature.
19. "Primary Structures" Permitted: "Primary Structure" shall mean any
enclosed structure which occupies more than eighty (80) square feet in the
area or more than six hundred (600) cubic feet in volume. The primary
structures permitted on any single parcel or homestead, excepting Number 53,
shall consist of no more than one (1) single family dwelling house with an
interior ground floor living floor area of at least one thousand (1,000)
square feet exclusive of accessary buildings, garages, porches or patios,
together with no more than four (4) non -dwelling unconnected enclosed structures
such as swimming or tennis cabanas, stables, garages or greenhouses. No
non -dwelling structure shall be erected or installed except concurrently with
or after construction of a single family dwelling house. All primary structures
shall conform in general exterior appearance with the single family dwelling
house. Homestead 53 may be re -subdivided into no more than four single family
dwelling sites as designated on the final plat, providing an application for
said re -subdivision is approved by the Board of Commissioners of Garfield County.
20. Structure Exterior: The exterior portions of all buildings shall
be natural or stained wood, stucco, natural rock, brick, or such other
material as may be approved by the Declarant or Architectural Control Authority.
21. Fences: Fences shall be subject to approval by Declarant or the
Architectural Control Authority as to location, size, design, material and
side yard requirements and proximity to neighboring property and structures.
No barbed wire fences shall be permitted except along the perimeters of the
subdivision. Fences shall be either split rail or pole. Woven wire for containing
sheep may be installed on the interior side of any pole or split rail fence.
Smaller steel mesh enclosures for dogs or poultry may be approved be Declarant or
the Architectural Control Authority. No kennel or poultry pen shall be constructed
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•
closer than fifty (50) feet from any lot or homestead boundary, nor shall
the size exceed 3,000 square feet enclosed, with the maximum length of any
one side to be 75 feet. It shall be each owner's obligation to fence his
livestock within the boundaries of his Homestead.
22. Procedure for Approval of Structures: Declarant or the Architectural
Control Authority may impose reasonable requirements with respect to information
to be furnished and the form and manner of presenting the same in order to obtain
approval for any structure, including, but not limited to, all landscaping.
For all primary structures, exterior design and elevation plans shall be submitted
which shall show location of all existing and proposed structures on the lot;
all lot lines; shall indicate materials and colors to be used; and shall be
accompanied by samples of materials and colors to be used, upon request. Plans
shall be submitted in duplicate.
23. Criteria for Architectural Control: Declarant or the Architectural
Control Authority shall use reasonable discretion in,determining whether to
approve or disapprove structures. This discretion shall be exercised with the
following objectives in mind:
a. To direct the positioning, elevation, profile and surface
treatment of all structures so as to minimize their obstruction or diminution
of the principal views from each site.
b. To preserve or enhance existing natural features such as trees,
shrubs, topography and unconfined openness or transition between areas.
c. To promote the location and design of structures so that their
siting, form and surface treatment harmonizes with the natural setting and
with other structures on adjacent property.
d. To promote the use of landscape materials that are indigenous
to or existing in the area and which have low maintenance requirements so
that natural and landscaped areas are not sharply contrasted and so that
well -maintained and poorly -maintained areas are not sharply contrasted.
e. To promote the use of structural materials that have minimum
maintenance requirements so as to assure a better appearing area under all
conditions.
f. To promote the design and construction of improvements that
incorporate the best visual, functional and material quality elements possible
so that each parcel will serve its owner better and enhance the value of
adjacent property by its presence.
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24.
Approval or Disapproval: Any :tcucture shall be deemed and considered
disapproved unless approval is expressly given and is evidenced in writing
executed by Declarant or the Architectural Control Authority. Notwithstanding
the foregoing, if Declarant fails to approve a structure and does not expressly
indicate disapproval or affirmatively impose additional requirements or
request additional information be furnished, either verbally or in writing,
within fifteen (15) days after a written request for written approval, the
structure shall be deemed approved. In addition, as to any bona fide
purchaser or encumbrancer for value and without notice, any structure which
has been completed or installed for one year shall be deemed to have been
approved unless Declarant or the Authority shall have recorded an instrument
in writing indicating disapproval in the Office of the County Clerk and
Recorder, prior to the date on which such bona fide purchaser or encumbrancer
obtains a recorded interest therein.
25. Prompt Completion of Structures: Construction or installation of
any structure shall proceed promptly and diligently after approval. Unless
the time is extended in writing, Failure to complete a structure within one
year after the date of approval shall constitute an automatic revocation
of the approval and any partially completed or installed structure shall not
then be thereafter permitted to remain on the property for a period longer
than three months after the Declarant or the Authority requests in writing
the removal of the partially constructed or installed structure.
26. Right of Inspection: Declarant or the Authority and their duly
appointed agents or employees may enter upon any property at any reasonable
time or times for inspection of any structure to determine compliance with
architectural regulations.
27. Change of Grade: No grade, stream bed, ground level or drainage
pattern on any parcel shall be altered or changed without obtaining the prior
approval, in writing, of Declarant or the Architectural Control Authority.
28. No inoperable vehicles shall be left in the open on any lot or in
any common area. All lots and common areas shall be kept clear and free of
rubbish and trash.
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29. An easement 15 feet minimum in width shall be reserved on all
subdivision boundary lines for utilities installation and maintenance.
30. At least five percent (5%) of all lands within the subdivision shall
be reserved through deed restrictions as open area, the maintenance of which
shall be the responsibility of the Declarant and the subsequent Homeowners
Association by specific obligations in the deed of each lot.
31. Roads and streets within the subdivision shall be constructed
in accordance with the specifications of Garfield County, and dedicated thereto
upon approval and acceptance by said County.
32. Lot owners shall provide culverts where driveways join public
roads or cross irrigation ditches. The minimum size culvert shall be 18" in
diameter.
33. All unsightly facilities and equipment shall be enclosed within
a solid structure or screened from view.
34. Variances: Declarant or the Authority may allow variances from
compliance with any of the terms or provisions of these protective covenants
when circumstances such as topography, natural obstructions or hardship may
require and, if such variance is granted, no violation of.the covenants,
restrictions and conditions of these restrictions shall be deemed to have
occurred with respect to the matter for which the variance was granted.
Such variance must be evidenced in writing. The granting of such variance
shall not operate to waive any of the terms and provisions of these restrictions
for any purpose except as to the particular lot or homestead and particular
provisions hereof covered by the variance. In no event may a variance be granted
which would permit any business or commercial activity.
34. Enforcement Rights: The covenants, restrictions and conditions
contained in these protective covenants may be enforced at any time by the
owners of any lot or homestead, by a group of owners of lots or homesteads,
by the Homeowners Association provided for herein by the Declarant.
• •
36. Remedies: The covenants, restrictions and conditions contained
in these protective covenants may be enforceable by proceeding for prohibitive
or mandatory injunction. Actual damages shall not be deemed an adequate
remedy for breach or violation but, in an appropriate case, punitive
damages may be awarded. In any action to enforce any covenant, restriction
or condition contained in these restrictions, the prevailing party or parties
may be awarded reasonable attorney's fees.
37. Additional Remedy: In addition to the remedies stated above,
Declarant, the Homeowners Association or its nominees, upon violation or
breach of any covenant, restriction or condition contained in these pro-
tective covenants, may enter upon any lot or homestead where such violation
or breach exists and may abate or remove the thing or condition causing
the violation or breach or may otherwise cure the violation or breach.
The costs incurred shall be billed to and paid by the owner of the lot
or homestead. If the owner of the property fails, after demand, to pay such
costs, then the Declarant or the Association, whichever incurred such costs,
shall have a lien, from and after the time a notice of such failure to pay
is recorded in the Office of the County Clerk and Recorder, against the
property of such owner for the amount due and not paid, plus interest from
the date of demand for payment at the rate of twelve percent (12%) per annum,
plus all costs and expenses of collection, including reasonable attorney's
fees. The lien may be foreclosed in the manner for foreclosure of mortgages
in the State of Colorado.
38. Protection of Encumbrancer: No violation or breach of any restriction,
covenant or condition contained in these protective covenants and no action
to enforce the same shall defeat, render invalid or impair the lien of any
mortgage or deed of trust taken in good faith for value or the title or
interest of the holder thereof or the title acquired by any purchaser upon
foreclosure of any such mortgage or deed of trust. Any such purchaser shall,
however, take title subject to these Protective Covenants which occurred
prior to such foreclosure, which shall not be deemed breaches or violations
hereof.
39. Delegation to Homeowner's Association: At such time as Declarant
has conveyed thirty-five in number of the total lots or homesteads of Panorama
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• •
•
Rhnchen , all Declar.ant'n rightn, renponnihilitien and obligat.ionn under
these protective covenants shall be delegated, assigned and transferred to
Panorama Ranches Homeowner's Association, a Colorado non-profit corporation,
and such Association shall assume and discharge all Declarant's obligations
hereunder. The directors of such Association shall appoint the Architectural
Control Authority. Declarant may, by written agreement with the Association,
delegate its rights and responsibilities prior to sale of thirty-five lots
or homesteads.
40. Adoption of Protective Covenants for Additional Filings: Declarant,
its successors and assigns may record one additional filing for Panorama Ranches
in the event Homestead 53 is re -subdivided and shall, by duly executed and
acknowledged documents, incorporate and adopt these Protective Covenants as
being applicable to the lots or homesteads within that filing.
41. Severability: Each of the covenants, restrictions and conditions
contained in these protective covenants shall be deemed independent and
separate and the invalidation of any one shall not affect the validity and
continued effect of any other.
42. Amendment and Termination: The restrictions, covenants and conditions
in these protective covenants shall continue until January 1, 1990, and from
year to year thereafter until amended or terminated by written instrument
executed by the owners of a majority of the lots then subject to these
covenants. Prior to January 1, 1990, these protective covenants may be
amended or terminated by recorded instrument executed by the record owners
of a majority of the parcels of the property herein described with the written
consent of the Declarant.
43. Paragraph Headings: The paragraph headings in this instrument are
for convenience only and shall not be considered in construing the restrictions,
covenants and conditions herein contained.
44. Waiver: Waiver or failure to enforce any restriction, covenant or
condition in these protective covenants shall not operate as a waiver of any
other restriction, covenant or condition.
IN WITNESS WHEREOF, Declarant has caused these Protective Covenants to
be executed as of the
day of , 1979.
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ATTEST:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
•
COLORADO COUNTRY PANORAMA ESTATES
A Colorado Limited Partnership
By THUNDER RIVER REALTY COMPANY
its general partner
JOHgo-le
IX, President
ROF)1 RT E. DONLAN
•
JOHN WIX and JONNIE DUNNING, being first duly sworn, depose
and say that they are the President and Secretary respectively of
THUNDER RIVER REALTY CO., the general partner of COLORADO COUNTRY'S
PANORAMA ESTATES, a Colorado limited partnership, and that they have
executed the foregoing Protective Covenants of Panorama Ranches.
Subscribed and sworn to before me this `-' day of
,4 , 1979.
Witness my hand and official seal.
My Commission expires April IS, 1173
My commission expires
2rc lr t:-
NOTARY PUBLIC
ROBERT E. DONLAN and MARY C. DONLAN, being first duly,
sworn, depose and say that they have executed the foregoing
Protective Covenants of Panorama Ranches.
Subscribed and sworn to before me this
f c t. [! i , 1979.
Is, day of
Witness my hand and official seal.
My commission expires Pity Commission expires April 19, 1983
- / /
NOTARY PUBLIC
(SEAL)
- 14 -
REAL ESTATE INVESTMENT
The Board of County Commissioners
Garfield County
Glenwood Springs, Co. 81601
Re: Panorama Ranches
Gentlemen:
11,
,'f JUL24 ri 1s
M n• r
.ds
El- r e
X
BOX /i/J:/ 303/927-3942
BASALT, COLORADO 81621
July 19, 1978
This letter respectfully requests that the time for submission of
the Final Plat for Panorama Ranches be extended for six months
beyond its present due date of September 6, 1978, for the reasons
set forth below.
As you are aware, Preliminary Plat approval was granted subject
to the ac'.. _ad= ation of adequate water by the District Water Court.
Irnmediately following Preliminary Plat approval, 0ra McVey of
Mountain Drilling Company was contacted to dril the required
wells. He believed he could get a rig on the site by mid -November
but it was late January before he was able to do so.
McVey encountered only a small quantity of water after drilling
to 376 feet. The well was cased and cemented.
Meanwhile, we had contracted with X-L Drilling Company to drill
a second well. That company began. drilling January 24, 1978, and
abandoned the hole nine days later. after drilling 480 feet. They
cased the hole to 320 feet and pronounced it a dry hole.
We then selected a third site and contracted with McLeur Drilling
Co. of Montrose, hiring a cat to clear a road through the deep
February snows and make a well site. McLeur didn't show up to
drill.
We renewed the contract with McLeur April 19, 1978, and he moved
a rig to the site. Two months later, after sporadic ineffectual
effort, he abandoned the hole at 100 feet depth.
McVey, meanwhile, said he believed the X-L hole had water but
opined that they had "dog -legged" the hole and couldn't case
it for that reason. IIe went in with a cable tool in late June,
drilled inside the X-L casing, straightened•out the hole, cased
it and produced what appears to be a good well. It was tested at
10 gallons per minute with a two --horse pump and Glenwood Pump
Company has installed a three -horsepower pump and is scheduled a
24-hour 25•-gallons per minute test.
i •
Page Two
If Glenwood Pump proves a sufficient quantity of water, we then
must bring in hydrologist to supervise an uninterrupted 10—day
test to satisfy the requirements of the State Water Resources
Division. Following that, we must go to trial in the District
Water Court to prove that we are not injuring previously adjudicated
water rights in Cattle Creek.
In addition to a great deal of time and travail, we have expended
$38,614.51 in our quest for water.
It appears highly unlikely at this time that we will be able to
fulfill the requirements for. Final Plat submission by September
6, 1978, due to reasons beyond our control as set forth above and,
thus, we ask that you give favorable consideration to this request
for additional. time.
Respectfully,
John
Wix,
General Partner
Colorado Country Panorama Estates'
President
cc: All Partners
Edward Weakly, Hydrologist