HomeMy WebLinkAbout1.0 ApplicationAPPLICATION FOR. ZONE CHA}GE REQUEST
Garfield County, Colorado October 19
Applicant Mitchell Creek, Ltd.
, 1981
Mdress of lpplicant
Colorado B163L
805 Colorado Avenue, Glenwood Springs,
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Proposed Zone Ctrange from:
to:
Re s id ent ia I / L imi ted /Suburban Densitlr
Planned Unit Development
Iot Size: Ranging from I/q Acre to 2 Acres
In support of this zone charrge application, the petitioner mur;t submitall of the following information:
I. Zone district map of subjecr property.
2. Letter from the applicanc stating the proposed zone change and the
reasons for the zone charge.
3.
4.
5.
6.
7.
List of use and owners of adjacent property.
Fbe of $100-00 - payabre to the "Garfield county Treasurer".
Vicinity map showing relative location of the property"
Iegal description or coEy of the deed to the property.
retter of consent from owner(s) of property if other thanapplicant.
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I APPLICANT/PR.PERTY
'WNER
I AppLrcANT: It{itchel1 creek, Ltd., a colorado limited
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partnership
GENERAL PARTNER: Mitchell Creek Corporation, a Colorado
I corporation, Z3Z Broadway, p.O. Box 1020,
I Eag1e, CO 81631
I LrMrrED pARTNERS: Al1an A. & Joyce Bowles, O3gg 132 Road,
Glenwood Springs, Colorado B16OL
I [i:il":.'Blli]il"B:;:]=; ll:a,,,, Road,
I Bruce Bowles, O17t Hwy. 133 #A-21,I Carbondale, Colorado 97623
I John R. Maggiore, 201 park Drive,
I Glenwood Springs, Colorado 81601
t ;:3l;"::ilffi:";il Eille-liu';"i,31'3:i3:"ll*'5i3,,
Janet Pearson, 379 EIm, Denver, Colorado 80220
I E:!i::'tirl;.B:"Bl6rl'u Bu1I Run, p'o' Box 's,
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AD]ACEXVI
Joan Duprey
P.O. Box 1013
Glenwood Springs, O 81602
Mark I-ee
1800 St. Janes PI.
Suite 500
Houston, TX 77056
ttrarriett T. I'lcKinley
780 26 L/2 Rd.
Grand Jurction, O 81501
Jephthan J. & Naomi Spink
0500 Mountain Shadows Dr
Glenwood Springs, O 8160I
John a Beatrice V. Vidakovich
P.O. Box 1072
Glenwood Springs, @ 81601
Kenneth. & Sharron Kieck
P.O. Box 33
Glenwood Springs, @ 81601
Arther Wm. & Jo Ann Hood
0459 Mountain Shadows Dr.
Glenwood Springs, O 8160l
Walme & Ivlary F. OrDell
808 Colorado Ave.
Glenwood Springs, @ 81601
ldorman A. & Mary Jane Dunlap
P.O. Box 903
Glenwood Springs, O 81601
PROPMTY OWNERS
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TRACT II
A tract of land
T.5 S., R. 89 W.,
located in the Shlkswk and the NWLSI{% of Section 34,
6th P.M. more particularly described as follows:
BEGINNING at a point with an iron pipe with cap L.S. no. 12770 from
whence the SW corner of said Section 34 bears S.BB"35rI7"W. 1313.989
feet;
THENCE S.89"47t32'W.339.81 feet along an existing fence line to a
point on the east bank of Mitchell Creek being point no. 48i
THENCE along the easterly bank of Mitchetl Creek the following
bearings and distances: N.40"IO'24"w. 98.31 feet to point no. 47;
N.54o43'24"I,I. I19.78 feet to poinL no. 46; N.66"58r 19"w. 65.05 feet
to point no. 45i N.20"2 |39"w. 107.71 feet to point no. 44i
N.44"55r 39"w. 108.71 feet to point no. 43; N.72"49'59"I^I. 72.64
feet to point no. 42; N.62"10'54"InI. 57.11 feet to point no. 41;
N. 4O "OO | 00"w. 225.OO feet, N.13"00 | 32"I{. 249 .5L feet to point no.
37 i N.18"12'27"8. I08.45 feet to point no. 36; N.11"43'43"I{. 7 4.45
feet to point no. 35; N.16"09r57"8. 63.68 feet to point no. 34;
N. O9 o25'53"w. 47.44 feet to point no. 33; N.22"32'07"8. 172.71
feet to point no. 32; N.36"44'57"8. 101.53 feet to point no. 31;
N.14"48'57"8. 130.75 feet to point no. 30; N.18"0I'17"E. 144.29
feet to point no. 29; N.63"44'57"8. 115.45 feet to point no. 28;
N.18o29'17"8. 201.75 feet to point no. 27; N.03o55rO3"I^I. J-65.27
feet to point noi 26; N.03o01'47"8. I33.95 feet to point no. 25;
N.04o38'47"8. 86.31 feet to point no. 24; N.13o02'23"E. 161.08
feet to point no. 23; I'I.23"03'l-5"E. 121.30 feet to point no. 22;
N.03"15'15"E. 58.53 feet to point no. 2l-; N.22o35'35"8. 59.62- feet
to a point on the north line of the NWkSr"^ik of said Section 34;
THENCE N,89o45'35"E. 429.26 feet along the said north line to a
point being no. 50 on the east line of the WLSW! of said Section 34i
THENCE S.0L"08'57"8. 2609 -98 feet along the east line of tjlqe[ltswk
of said Section 34 to the POINT OF BEGIN].IING containincJa{2.08\
acres, more or less. \-_,
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QC\i'\ o-,-, \\ol\,,:l\ \l
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/General
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1.INTRODUCIION. The lulitchell Creek Project is a 42.08+ acre parcel
Iocated in West Glenwood on County Road #I30 and #I32, one-guarter mile north
of the Colorado River and I-70. The lrcation, topography, and scenic views
provide the West Glenwood conrnunity with a high-quality housing project.
2. P.E0JESTD USE. We believe the tree-covered site, Lhe Mitcirell
Creek frontage, the high level of control, the use of solar, the pubtic park
anrenity and the dedication of a large anount of open space will combine to make
the l,litchell Creek Project the nost desirable housing development in West
Glenwood.
Ttris property is presently zoned R/L/SD, Residential/i,imited,/Suburban
Density. ltris zoning would allow one unit for every 20,000 square feet of land
that has a slope of Iess than 408 and as can be seen from our calculations on
Sheet 5 of the separate cover drawings there are approxinately 17 acres of land
in this category. Thus the existing zoning would allow 37 units. However,
because of the topography and configuration of the land, it would be difficult
to achieve this number and if achieved, the building sites would not be nighly
appropriate or desirable.
Tne Mitchell Creek project therefore is being sui:mitted as a PIID so that
we may utilize the cluster develoS:ment technigue and its inherent flexibility
in the design of the project. Higher density (smaller lots) is placed on the
nxrst usable land and adjacent to existing development and services. Iower
density (larger lots) is located at a distance from existing urban development
where road, sewer, water and other utilities are more difficult to connect.
The majority of the nousing Iots are located where they wiII receive the best
solar access, where they are adjacent to the new park facility, and where they
are within easy walking distance of the newly constructed shopping center
facilities.
The recently completed Garfield County comprehensive plan places the
llitchelt Creek property in l,lanagenrent District B, Subsection Ib (Subdivisions/
Rural Servicable Areas/Areas Having Both Central Water and SewerT4vloCerate
Environmental Constraint Area). The proposed single- family residential use of
the Mitchell Creek project is completely compatible with this comprehensive
plan recomrendation. The proposed develolxrent is within the defined urban area
of influence of Glenwood ings which has the technical and social services to
jE9:L_gIgy-tLI as-fnd-icated -i-q lhe-c,propreheastyg_plg!. rhe land beirg uE[
is not agricultural in nature and we are tucking the residentral sites lnto the
tree cover where their visual inpact will be minirnal. We are utilizing open
I providinqspace deciation to preserve environnrentall
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A.SII.GLE FAN,IILY. Tne devel-oprnent as subinitted consists of 29
s. The northern
half of the site
usable open space Iands where nlost appropriate I"litchell Creek.
single-famil
is .levoted to a low-density, 2-acre housinq sites that create
a transition from the higher densities near the Town on the south. The
southern half of the site will consist of smaller L/A-acre to L/2-acre
single-family lots. Threse lots are
center now under construction, but
of the existing tree cover. These
use.
located only a block from the shoppirg
where the visual impact is reduced because
uses are consistent with surrounding land
B. OPEN SPACE. Over f the site is dedicated open or Rrblic
hrk Area. The composition of the open space lends itself very nicely to
pedestrian circulation along Mitchell Creek and easements are provided to allow
pedestrian circulation. Because of the cul-de-sac arrarryanent and the small
number of units utilizing th
pedestrianwavs.
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Acres No. of Units
17.89
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2L.24
2.87
42.00
29
29
,- R:b1ic park Area .90*/
$( ]*. *.,=ity f . J_lnits per acre of developable Ia4
- tions.
3. AD&CENT IAND USE. Land to the northwest of the develo;xnent look
to be of similar tolrcgraphy and soils and is currently undeveloped. r,and to
the north and northeast of the property are very steep and are classified on
t'he County comprehensive plan as District F (Rural Area/Severe Environmental
Onstraints). fne area to the south and southeast are beirg developed as a
conrnercial shopping area. The land abutting the southeasterly portion of the
site is existing ResidentialTtrtedium Density Development.
4- UTILITr SERVICE. Water service wiII be provided by West Glenwood
Water District.
Sanitary sewer service will be provided to the soulhern portion of
the site by the existirrg sewer line in County Road #130 in accordance with the
The on-site roads wourd be constructed in accordance with
county local road standards. The road serving the southern 22 lots will be
dedicated public right-of-way, but the road serving the 7 two-acre 1ots to the
north will remain under private ownership. The public road will be asphalt
surfaced and the private road will have a chip and seal surface. The road
design is simple and allows for good traffic flow. I'laximum grade wiII be 8t.
D. The following is a tabre of rand use areas and densities:
Jr.
ROADS.
Use
Open Space
Single Family
Roads
TCIAL
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West Glenwood Sanitation District requirenrents. The northern low-density
(2-acre lots) trrcrtion of the project witl be engineered'septic systems.
Electrical service will be provided by the Glenwood Electric
6mpany. Telephone service will be provided by l4cuntain BelI. Both electrical
and telephone lines will be installed underground.
Gas service will be provided by Rocky Mountain Natural C,as Company.
I€tters of intent to service are attached hereto as Appendix C.
5. SOIrc. The soils characteristics provided by the United States
Departrnent of SoiI Conservation Service indicate surface soils on the
developable land are primarily sandy loam and gravelly sandy clay Ioam wirh
underlying sand anC gravel. The limitations presented to developnrent are
primarily due to steep slopes and nray be mitigated by careful building
Iocations and good engineering practices.
Ttre information pertaining to site soils was supplied by the U.S.
Soils Service and is included as Appendix A of this report.
A preliminary site investigation was performed by Lincoln DeVore
and a coEg of their findings are attached as Appendix B. TLre study recognizes
a need for mitigating existing and potential minor debris flow problems
especially on the southern developed portion of the site. This initial
investigation gives several nrethods of mitigating potential problems, but a
more site specific study will be performed prior to the preliminary plan
subrnittal to identify exact steps to be taken. However, our first standard
will be to utilize the existirrg natural drainage system to the fullest extent
practicable in an undisturbed state.
6. PHYSIOGAPHY.
6A. SLOPES. The landscape characteristics of the developnent area vary
r are facirq south or west.
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from nearly level to steep. Slopes
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I A majority of the building sites are located on Iand with slopes of lessI :::i:x';:;',::':.:'::;:ff":".:::-:',::'::,::::':..._,;::,"""
I of the site. Where building is allowed on slopes in excess of 25t, special
controls as established in the project covenants will be utilized to ensure
I proPer design and construction techniques. Disturbance of the natural
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vegetation will be kept to a minimum. "Benching" of sites will not be
permitted. Revegetation of disturbed areas will be rapid and appropriate to
I the site. Mrere reguired stabilization methods will be utilized.
Controls will be established to not only mitigate problems of site slope
I but to properly deal with problems of site access. I-ots where standard accessI ;:,:T,il',::":"':.'=.::".,,"" :.:'::: ;il.T:,I":,:;;_::":*'
I srades'
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utilized wherever possible. The lrctential of drainage problems exist. This
I problem wj-l1 be alleviated through revegetation and channelization of areas as
I necessary.
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distances from this hazard will be maintained. We believe the present site
layout as suLxnitted avoids this problem but a drainage floodplain study will be
I provided with the preliminary plan suLxnittal to verify this.
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cover is generally a higher density along tlitchell Creek whicn provides a
natural buffer for the site.
Wildfire grctential is classified as being very high. This is due
to the proximity to the higher density residential area that already exist in
the area and the tipes of vegetation that exists. We wiII be providing a fire
protection system.
This site occurs in deer and elk winter ranges, often being
classified as critical. Ilcwever, due to the existence of other housing in the
area, the large areas of open space being dedicated, and the fact that the land
being developed is not agricultural in nature there will be no major impact.
B. FIRE PROTrcTION. The developnrent will oe served by the Glenwood
Springs Fire Protection District. Utilities will be installed in accordarce
with their needs for fire protection service.
9.SGDOL IPIPACT. The impact of the development u5rcn the School
to the County policyDistrict should be minimal, but wiII be handled according
set forth in the &unty Subdivision Regulations.
10. CC,VB{ANIS A}iD RESTRICTIONS. The special covenants and restrictions
which wirl be placed on the project are to ensure the guarity of the
developrent. A draft of covenants is included in Appendix D.
11. DEVEIOEIvIEbII SCIIEDULE. Preliminary construction surveyirg and
engineering of the site would begin following approval in the first quarter of
L982. Construction of Lhe roads, utility installations and landscaping would
begin in the second quarter of 1982. Upon completion, the site snould be ready
for residential housing.
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APPENDIX A
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trdp Unlt No. f{L r .,
SOIL CHAMCTERISTICS
Depth to Bedrock
Texture
Surface
Subsoll
SubetratuD
Unifled/AASHO Claeslflcatlon :
Per:rreablltty (belos 2 feet) :
Percent Coaree Frag,mente(gravel, cobbLe, stone)
So11 Reactlon (pll)
Shrlnk-Swel1 Potentlal
Potentlal Frost ActLon
(surface)
Flood Hazard
Hydrologlc Groupcorroslvr., : :ff:}"."
DEGREE & KIND OF LIHITATIONS(o ts S1"lght, M le Moderare,
S Ls Severe)
Septic Tank Absorptlon
Fle1ds
Sewage Lagoona
Santtary Landflll - Trench
- Area
Shallow ExcavatLons
Dwelll,ngs w/basements
-w/o basementg
Loca1 Roada and Streets
SUITABILITY AS A SOURCE 0F... "
Dally Cover for Landfl1l
XUr., ehallow Lo bectrocv - rock- p/posures
:
: High runoff
:D
3 Moderotc. Iow
Severe i imi taj ions for al I stalcd uses(St "p dl one.s, f.t>cl4- eyposures ard sha I-loW
eoil =).
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TopsoLl
Sand
Cravel
Roadftll
OI'TIER SOIL FEATURES
',ADVANCE coPY ST,BJECT To CIIANGEI'
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NOT TO BE UStrD IN PI,ACF. OF OI'I-SITII lNVIISTICATION.
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Rl-Torriorthents-Rock outcrop complex, steep. This'broadly
defined unit consists of sandstone and shale bedrock exposures and
very shallow to moderately deep stony soils overlying sandstone
and shale bedrock and stony basaftic al-]uvium.
Relief is moderately steep to very steeply sloping on slope
gr,adients ranging from 1! to J0 percent.
This broadly defined unit occurs intermittently throughout the
soiL srlrvey area. The Torriorthents make up about 50 percent of
this unit. They are on the foothills and mountainsides.
underlying sandstone and shale bedrock exposu-res consisting pri-
marily of Mesa Verde sandstone and }Jasatch shal-e. The soils are
shallow to moderately deep, and generally are clayey to loamy in
texture with a variable arnormt of gravel , cobble, and stone ttrrough-
out. The sr:rface is normal-ly stone covered due to r.reathering of
overlying bedrock exposures being carried dor.m slope by gravity.
Basalt stones and cobbles occur on the surface in the afea south of
the Colorado River in the soil survey area.
Rock outcrop makes up 25 percent of.this unit. The Rock
outcrop consists mainly of Mesa Verde sandstone, l{asatch sha1e,
and basaltic bou.lclers an<l stones. There are snall a.r-eas of lime-
stone and rypsrm Rock orrtcrops in the c'astr.rn f,art of t,he soil
srrvey aJ'ea.
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(O,-r.rriorthents-Rock outcrop complex] "r"")
rncluded in the mapping of this unit are smalr isolated areas
of rldefonso, Lazear, Ansari-, Galmor, Tridelr, and Nihilr soils.
These soils are very scattered, @]g throughout
this unit, and mal<ing " is unit.
This unit has limited livestock grazing va1ue. Native vegeta-
needle-tion includes wheatgrasses, bluc:grasses, Indian r.iccgrass,
grasses, bitterbrush, sagebrush, mountainmahogany, and an
of pinyon pine and Utah juniper trees.
overstory
rt is also used for wildlife and r.ecreational purposes. Most
of this unit is a prime deer wintering area. other game animals
such as rabbits, coyotes, and a few e1k use this for food and
protective cover.
The ,mount of stone on the surface, the percent of Rock out-
crop, and the steepness of slope rnake this unit r"msuited for use
as cropland.
Management of the vegetation on this unit should b_e designed
to maintain a uood product and limited livestock grazing. Selective
thinning of the pinyon-juniper may improve the understory resou_rce
for grazing whire obtaining firewood and posts. steep slopes,
moderate to.severe erosion hazard i.rnd slow re-growth of the tr.ces
need to be considered in harvesting operations.
2
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Rl-Torriorthents-Rock outcrop complex, steep
For eommunity development, the main limiting soir features
are the percentage of Rock outcrop, steep slopes, and soil stoniness.
These rnay be overcome by appropriate design and construction or
alternative methods. capability subclass vrre, nonirrigated.
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T 'p Unit No. Xl-13 Part A
SOIL CHARACTERISTICS
Depth to bedrock
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeability
Percent coarse fragments
(greater thag I inches)
Salinity (ECxlo' e 25"c)
pH (surface)
Shrink-swell Potential-
PoLential frost-action (surface)
l'l"ccd Hazard
Hydrologic Group
Corrosivity Stee] (uncoaLed )
Concrete
Sewage Lagoons
Sanitary Landfill Trench
Ancer
Shallow Excavations
Dwellings w/basements
w/0 basements
LocaI Hoads & SLreets
SI)ITABILITY AS A SOURCE OF...
DaiIy Cover for Landfill
Foadfill
Sand
/,) /
More than'50 i-nches
Sandy loa.m r
Gravelly sandy clay loan
Sand. and gravel
SM, SC, G.C, SILSC, SP
I{oderately rapid
3-60
7.h-7. B
Low
Low
None
B
Hi-gh
LOW
ere )
o
S
S
0
S
0
0
0
Seepage
Seepage
Cutbanks cave
Fair Small stones
Fair Shrink-sweIl
Fair Lar'ge sl,orreg
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,^. DEGREE & KrND OF LTMITATrONS
,'. " (o is slight, M is Moderale, S is
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Septie Tank Absorption Fields
Sev
GraveI
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Topsoil-
K =.2*
SUBJECT TO CHANGE.
Fair
Fair
Large stones
Sma1l stones
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NOT TO BE USED IN PLACE OF ON_SITE INVESTIGATION
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More than 50 inches
Gravelly sand.y Ioa.m
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Sand. amd gravel
cI-uL, GM-GC, GP, GW
Mod.erately rapid.
5-50
7 .9-8.)1
Low
Low
None
3
High
tow
I y,::"-: :::""""sorPLion
Fierds
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Seepage, sma11 stones
Seepage, too sandy
Seepage
Cutbanl<s cave
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lap Unit No.IOIS Part 3
SOIL CHARACTERISTICS
Depth to bedroek
Texture
Surface
Subsoil
Substratum
Unified Classification
Permeabi 1 ity
Percent coarse fragmenLs
(greater thag 3 inehes)
Salinity (ECx]0r e 25"C)
pH (surfaee)
Shrink-swel] Potential
Potentiaf frost-action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Stee1 (uncoated )
ConcreLe
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DEGREE & KIND OF LIMITATIONS(0 is Slight, M is Moderate, S is
Sanitary Landfill Trench
Area
Shallow Excavations
i Dr+,,11ings ;i:r;:::;:;r=
Local Boads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cuver for Landfill
Roadfill
Sand
GraveI
TopsoiL
\/
\'1 , .10
SUBJECT TO CHANGE. NOT TO BE USED
Sev
Poor
I'air
Fair
Fair
Poor
Too sandy, seepa€e
Large stones
Large stones
Large stones
SmalL stones
IN PLACE OF ON-SITE ]NVESTIGATION
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nearly level Lo genLly slopj.ng soils are on al. luvial lrrns arrd t,erraces
The soils formed in mixed alluviurn inom redbed slrale-s and sandstones.
Elevation ranges from 5,000 Lo 7,000 f'eet. Tlre average iinnual pre-
cipitation is abouL l4 inches, t,he average annual air Lemperature is
about. 4J degrees F., and tlre averace annual- frost-free period is about
110 days. The ALencio soil m:rkes rtlr;rbout. llr. Irllr:r:nt. ol t.]re mappin6
unit and Llre Azel Line soil ;ibout. l1 t, pcr'c:cnt . (lrl.rvc I lr;rr':;, wlti cl'r rrr;rke
up about 10 percent of the unit, occur in solne arcas.
The Atencio soil is deep and we]l drained. TSrpicalIy, the surface
layer is dark reddlsh gray sandy loam about 5 inchcs thick. The subsoiL
is sandy loam to gravelly sandy clay loam about lB inches thick. TIre
substratum is gravelly sandy loam thaL grades inLo sand, cobble, and
gravel at depths beLween 23 anO l0 lnclres.
Permeability of t,he Atencio soil is moderately rapid. Effective
rooting depth is 20 Lo 25 inches. Available waler capaciLy is low.
Surface runoff is slow and the erosion hazard is slighl.
The Azel t.ine soil is wr-: l 1 dra i ned - Typi ca I 1y, t.lre surface layer
is reddish 15r'iry g,r'irvclly l;rLrrrly lo;rm;rlrrrrrt. S irrrtlr,':; tlri,'l<. 'l'l rr'l,lrrrlr'r'1vitr1'.
layer is reddish brown gravelly sandy loam about l0 inclres Lhick.
The substratttm js calcirpe6t;; :;;tnr), 1.,,r';rvrr1 , ittt() t,r,irl>lc l.r; ,1,:J,Lh.', crf' (r0
inches or rnore.
Perrneabiliiy of the Azeltirre.soiL is nic.rderaLely rapid. Eff'ecLive
rooling depth is about 18 inches. Avajlable waLer lrolding capaciLy is
very low. Surlarce rurrolf j s ;low and t.lre crol-, ion lt;tz.irrd is sl jght.
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erc'ent ::1 opes . These
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Alfalfa smal1 grains,
crops grown
Flooding is the main method used for applying irri6ation waLer.
ConservaLion practices t.hat. inelude gr-ass t.rat.erwa)'s and nrinimum tillage
are necessary Lo avoid sL-r'iout.; crosiorr ,lo:::;es. (lover t:ropu or' llLuL>t>Le:
mulching in dryland farming areas wil] also help t,o eliminate erosion
losses
The naLive vegetation of these soi-1s is nrainly Indian ricegrass,
x1 lE-Atenci o-Az.el L i
These soils are
weslern vrheaLgrr::;s,
When tlre range
increase. When Llre
<:ornpl ex
used mainly for
potaLoes, and
livesLock grazing and cropland
grass-legume iray are Lhe main
rrerrd.i c;t trt] t.l rr'.'a ribig
l,''"c:ond i '1 i otr dr-r t.t't'i ora t.r:l: , 1''r
riinge ,i :; in I)ouI'(:()u(l it.jt,rr,
rlis :rnd rvoo<iv shrrrL's
t.irrilllr i r';rb I t' Inrt'tttl:'; .itrtl
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annual- planLs are numerous. Proper grazirrg manat:ement maintains and
improves the range condition. Seeding is a good practice if t,he range
is in poor condition. Suitable plants for seeding are crested wheat-
grass, western
a good pracLice
wheatgrass, and Russian wildrye. For successlul seeding,
is Lo..prepare a seedbed and ciri 1l Lire seed. Feduct, j on
1n brush improves deterioraLed range siLes.
lli1d1ife using these soll-s lor habiL.aL include pheasant, dove,
rabbit, squirrel, and some deer. These species obLair-r tl'leir food and
slrelter mainly .in the irrc;lsl ol croJr'l arrd.
i I s h,.r,.rc 11ocxl Jr,rt.r'rrLi lt I /'or r',,r i 1.\' tl,'r,r,'.),,i'ltttrItL 1t' I't.r1"
tr:;,..i1 l'ot' l.]rr,' itr:;t;r I l;rl. ion
and Llie possibility of
, irriga t.ed I Vf e ,
USC AS
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of septic tanks and leach
ground waLer poll-uLion.
rlr.:; ilrt'l ltrlt:il. l)(.
due Lo scep;ige
ity subclass IVs
(,,,1i,,u
l)1,t:rr iirl
iields
Capabi I
nonirrigaLed ) ,;
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MaP Unit No. XI+5DE Part A
SOlL CHARACTENISTI;S
Depth to bedrock
Texture
Surface
Subsoi l
Substratum
Unified Classification
Permeability
Percent coarse fragmenLs
(greater thaq 3 inches)
Salinity (ECxloJ e 25oc)
pH (surface)
Shrink-swell Potential
PotentiaL frost-action (surface)
Flood Hazard
Hydrologic Group
Corrosivity Steel (uncoaLed )
Concrete
DEGREE.& KIND OF LIMITATIONS
. (O is Slight, M is Moderate, S is
Septie Tank Absorption Fields
Sewage Lagoons
Sanita:^y Landfill Trench
Area
ShaIIow Excavations
Drr,'r'l tngs Lr,/basements
w/0 basements
Local Hoads & Streets
SU]TABTLTTY AS A SOURCE OF...
Daily Cover for Landfill
BoadfilI
Sand
. Gravel
Topsoil
V.: 't1
More than 60 inches
tr'ine sand;r loam
San(y clay loarn
Sandy loarnr saJldy clay loa.m
SM, SC, CL, SM-SC
Iutoderate to uroderately rapid
5.G7.8
Low to moderate
Moderate
None
3
Moderate
Low
,1,
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Sev ere )
M
S
D
S
M
/
Slole
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M
M
Slope, seepage
Seepage
Seepa6e
Slope
S1ope, 1ow strergth
S1ope, low strength
S1ope, frost action, 1ow strength
Fair Slope
Fair Low strength, frost action, shrink-
swe11
Poor llxcr-'l;r.; firrcs
Unsuited.
Fair Slope
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SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
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jp Unit No. X,l+5nE Part B
I S'IL CHARACTERISTICS
/
I i:*:.:" bedrock
SurfaceI ::::::1,.,
Unified ClassificaLion
I PermeabilityI Percent coarse fragrnenls
I f i:i:l'i;'1133 3:;3:;"
Shrink-swell Potential
t ;i:::t;:)"rrost-acLion
(surrace)
Hydrologic Group
I CorrosiviLy Steel (uncoaLed)
t concrete
f'"?X'i=*rfiIl':'r'il'il:l::l:", S is
Ilore than 50 inches
Storly 1oa.m
Very cobbly Ioam, very gravelly 1oa.m
cL, yil, GM
M,-.rde'rate
\rt-75
7..--8. h
IrOW
Moderate
None
B
Eigh
Low
ere )
S Slope
S Slope
Ivl Slope, sma11 stones
S Slope
S Slope
S Slope
S Slope
S Slope
Poor
Fair
Poor
Poor
Poor
S1ope, small stones
trbost action, slope
Excess fines, sma11 stones
Excess fj-nes, sma1l stones
S1ope, sma11 stones
I .::._: :::,"""sorption
Fields
I Sanit;.,'-v Landfill
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ShaIlol,' Excavations
Dwellinss ;iB,;::il:;."
LocaI Boads & Streets
SUITABILITY AS A SOURCE OF...
Daily Cover for LandfilI
HoadfiIl
Sand
- GraveI
_
Topsoil
!-= ,2$
SUBJECT TO CHANGE. NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
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XJalDE-AScalon-Pena complex, 5 to Zl percent slopes. These moderately
sloping to hi1Iy soils are on val1ey sideslopes and. alluvial fans. They
fo::rned in sand.stone and. shale aLluviu:r. Elevation rarlses froru !r000
to 615OO feet. The avera5e annuaf lrlecipit,ation is about 1! irrches,
the average arurual terrrperature is about l1t] dcgrces .!'., arrd thc avt,r'ag'e
frost-free period is about 12O days. Ascal-on soil makes up about 5!
percent of the rnapping unit and. is on the fess sloping, somer+hat con-
cave portions of the land.scape. Pena soil is on the steeperr,convex
parts of the land.scape and makes up about 2! percent of the unit.
lncluded with these soi1s in mapping ale srnal-l- aleas of Olney
and Potts soils on 6 to 12 lrcrcerrt r;-'l opes. 'I']rcsc soils nrre oll r:ural 1
isol-ated, mesas and rnake up ! to 1O percent of the r:lit.
The Ascalon soil is deep and we}l d"raj-ned- \rpicaI1y, the srrrface
layer is brown fine sand.y loam a,bout ! inches thick. Ihe subsoil is
yellowish brown sandy clay loarm or clay l-oa.m about 30 inches thick.
T'lee substraturo is very pale brown sandy clay loalu or fjne-sand.y loarn
that extend.s to a depth ol' ruore blran 60 irrclres.
Permeabifity of the Ascalon soil is moderate. Effective rooting
d.epth is 50 inehes. AvaiLable water capacity is moderate. Surface
runoff is med,ium and the erosion hazard. is tioderate.
The Pena soil is deep and well- drairred. tyi.,j.ca11y, the surface
layer is dark grayish brown stony loa;t aLic.rut 6.i rrches thick. Ttre
subsurface layer is dark grayish brown stoqy foarm about 5 inches thick.
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XlalDB-Ascalon-Pena complex 2
fhe rrnd.erlying layer is very pale brown very storly sand.y loam that
extend.s.to a depth of more than 60 inches.
I Perueability of the Pena soil is rapid. Effective rootirrg depth
is 50 inches. Avail-able water capacity is l-ow. Rruroff is slow and the
I erosion haza.rd.is moderate.
r *,,,r:';;:"1,.;.'"'o
mainlv ror wir.drire habitat and rimited
I fhe nativc, vu6ota.'L.i<)n on Llrc "Ar;r:alorr l-:oi l ir; rrrairrly rrc:cdJcrr.rrdl,lrlc-itrl ,I ::,,"" "-";;":" ;:T:.::':";";,";",:ffiT:";-,"":,
lfi !Ie"'";":':;"H:
..-,,,-i"::l:";"",':"::",:=:"ody shrubs
I increase. Proper grazrng maragerlent maintains ald improves the range
I is practicaf where slopes are l-ess than 1! percent. Careful selection
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f areas is necessary because of stoniness. Plants suibabl-e for seed.ing
. are pubescent wheatgr.ass, western wheatgrass, a:rd. big bhiegrass.
I tr,or successful seedings a good practice is to prepare a seedbed, and.
I ::: ,::,"::: ,.::,*": :",,",_.;"';::.:"::",:::":",,,,,;1:"":'
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in the potential plant coinrnr-:ni-ty. Damage to habitat for d.eer should
be considered. when applying bnrsh manadei;lent on these soi1s.
I Cottontail rabbit, so-ui-rrel, pheasant, mou:'ni-r'r6 dove, wild turkey,
/'
( , ' €Lnd. some mule deer are arriori8 the wildlife that use these soils for habitat.
t
3XJalDB-Ascalon-Pena compl ex
Comralnity development is limited. by the slrrink-swell, steep slopes,
and frost action in the Ascalon soi-l, and. by steep slopes and stone
content in the Pena soi1. Capability subclass YIe.
,D" . p /- r, r.',/..;
i/ ort ,t,. 4 '). / t-1., r L
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xllB'),11, t.\: ..
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\\. i //-\'! tt\ FII/Nll :t\tt=i'
ilShoppin! i;Plaza
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1, \:r
\:.'
.-i....
\r :[
o\Ea\cC1
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il -416-
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t.t--\.
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SOILS MAP
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APPENDIX B
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f i ' -'",
f!4
tqI t .*',
\[j;ri "f .;irtyt. tl ,rr; "'".._. * \.-"'
Lincoln DeVore
1000 West Fillmore St.
Colorado Springs, Colorado 80907
(303) 632_3s93
Home Office
Mr. Harold Denton
805 Colorado Avenue
Glenwood Springs, CO 81601
October 2, 1981
RE:PRELIT{INARY GEOLOGIC INVESTIGATION
MITCHEII CREEK P.U.D.
GARFTELD COUNTY, COLORADO
Gentlemen:
Transmitted herewith are the results of a preliminary geolo-
gic investigation for the Uitchell Creek P.U.D. located two
miles northwest of Glenwood Springs in Garfield County,
602 East &h Street
Pueblo, Colo 81001
(303) s4&1150
P.O. Box 1427
Glenwood Springs, Colo 81601
(303) 94s-6020
86 Rosernont Plaza
Montrose, Colo 81401
(3O3)2497838
Rev-iewed by t
P.O. Box 1882
Grand Junction, Colo 81501
(303) 242-8968
P.O. Box 1643
Rock Springs, Wyo 82901
(3O7\ 382-2U9
Color ado.
Respectfully submitted,
LINCOLN-De\IORE TESTING LAB., INC.
Yrudtrtll J /C-ozt*u-a-t / n,
By: Michael T. Weaver -["'-
Professional Geolog ist
MTw/heh
LD Job No. 4L025-cScc: LD - Glenwood SpringstD - Grand Junction
hN
SI
mme lr
aI Ge
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INTRODUCTION:
Personnel of Lincoln-Devore have
completed an investigation of the proposed ltitcheIl Creek P.U.D.
Subdivision located approximately 2 miles northwest of Glenwood
Springs, Colorado, and a quarter mile north of the Colorado River
This parcel consists of forty (40) acres in the southeast quarter
of Section 34, Township 5 South, Range 89 West of the 6th Prin-
cipal Meridian, Garfield County, Colorado.
It is proposed to develoP six (6)
single family residential lots with an average lot size of two
acres and twenty-two (22) quarter to half acre lots. A central
water and septic disposal system is proposed
The site l-le_s _g!_reg!h and west
facing sropes -"d :"@e. which have become buried by
debris flows and alluvial/colluvia1 slopewash from the slopes to
the north and east. Elevations range from 5800 to nearly 6200
feet above sea level. Slopes range from about 5t on the terrace
Ievel to approximately 6Ot on the upPer slopes. Vegetation
varies from pinyon pine and cedar on the steeper slopes to sage
brush and mountain grasses on the flatter terrain. The site is
moderately dissected by many intermittent stream gullies. nunoff_{
appears to be rapid with very 1itt1e infiltration.
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GENERAL GEOLOGY
The entire site .is underlain bY
the Eagle Valley Evaporite Formation (see Plate I) of
Pennsylvanian Age. This formation is exposed throughout the
eastern and southern portions of the site. The Ea91e Valley
Evaporite is composed of massive gray, white and yellow gyPsum,
interbedded with fine grained, buff to tan, sandstones and dark
gray shales. Several types of deformation have affected the
EagIe Valley Evaporite and have caused a chaotic internal struc-
ture. The typical contorted structure in gyPsum outcrops is
attributed to expansion and internal Pressure due to the hydra-
tion of anhydrite, found at depth, to gypsum, occuring near the
surface and ftowage toward the valley caused by the weight of
overburden on the valIey sides (Ma11ory, 1965).
The creation of the present day
topography of this site actually began with alluvia1 action by
the Colorado River and Mitchell Creek, which truncated the beds
of the Eagle Valley Evaporite and deposited a variable thickness
of well rounded sands and gravels (Qt) over the Eagle Va11ey
Evaporite in the southwest corner of the site. This alIuvial
action also exposed and over steepened the slopes of the Eagle
Valley Evaporite, creating very unstable slope conditions and
lending to the development of extensive debris flows (Adf1 which
cover both the terrace gravels and the exposed bedrock. These
debris flows are most intense in the southern part of the site
where more material of greater size is available. The flows
become finer grained toward the northern part of the site and are
classified as colluvial wedge (Qcw) . However, as erosion in one
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place leads
developed at
to deposition
the mouths of
in another, small debris fans have
even the minor guIlies.
An interesting geologic feature
found in the protion of the site is an ancient debris
flow deposit (Qadf) which laps over the Eagle Valley Evaporite,
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but is mainly derived from the Maroon Formation. This ancient
it is. This deposit, having mobilized once, should be considered
ENGINEERING GEOLOGY
The major geologic hazards asso-
ciated with this site are and
debris flow hazard has been divided into t::_:u!_"g"Ii9:i the
minof hazard area (Qcw1 which has the potential for small scale€
flows of fine grained material and the moderate hazard areas
where larger flows are possible (Odf) .
oebris flows occur in semi-arid
climates where the major precipitation is from short duration,
very intense thunderstorms. The sudden, violent precipitation
sweeps large quantities of loose soiI, rock and other materials
down hillsides and into gullies. Debris flows can move across
fan surfaces in almost any direction, regardless of whether a
Previous channel exists, because the flows tend to build their
own channels as levee material is deposited at the lateral boun-
daries of the frows. Laterar areas on the sides of the flows
debris flows unstable slopes The
debris flow probably originated on Storm King Mountain to the
west and traveled a considerable disLance to be deposited where
potentially unstable and prone to hydrocompaction.
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$OL,cS Nsr e ss,n(V
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confine the moving mass and are sheared from it as the flow
passes, Ieaving distinctive lateral levees. Furthermore, a pre-
vious flow surge can stop within an existing channel and deflect
a succeeding surge to a new direction. As a result, the Poten-
tial hazard from flows may be spread ranicrnfl_evsrjhe entire
-
This mode of transport is important to con-
sider if structural protection from flows is planned.
(Qcw) ,
there is evidence of recent sma1l flows but they €9 1at-gp-P3:l
to reach the apparent building s.Igs. However, €Iog!"aters and
mud associated with such flows could reach the buitding sites
drain3g.es. a_re r.ecommentred for protection of structurgal!".d i"
these areas. Depending on exact building placement, other forms
of mitigation may be necessary.
The units mapped as Qdf rePresent
areas where the potentiar for frows is *@ Lots
within these areas should have individual site specific studies
done in order to define the severity of the hazard, to help with
house site selection and to establish proper mitigation Proce-
dures for each lot. Engineering mitiga-ti tesh-n rques employed
,{
inr*€bris flow areas includedLj/ avoidancelprotective embankments
.Ju';iversion s-tructur.=9"nunnelization (which is not always(5)
effective) ; and-specialized construction, such as additionally
reinforced foundations and the absence of doors or windows on
uphilI sides of buildings.
-#-fn the tninor debris flow area
and thereforerIat least diversion and channelization of the
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The debris fans and colluviaI wedges
all show signs of recent activity, and therefore, some degree of
engineering mitigation will be necessary. Site specific studies
are recommended to determine the severity of the hazard for each
affected lot including the lots in the "minor" hazard areas.
_${ atl slopes of outcropping nagle
Val1ey Evaporite must be considered as unstable due to the incom-
truction is
planned nor should any take place on or near these slopes. Slopes
on the ancient debris flow materials are potentially unstable and
any structures placed on or near this material should have site
specific studies performed on the slopes to determine the stabi-
lity and recommend proper construction techniques.
The majority of the lots lie on
materials mapped as colluvial wedge or debris fan. This material
is low to moderately expansive and is susceptible to surface
erosion, subsurface piping, and hydrocompaction. These factors
should also be taken into account during the site specific stu-
dies.
Construction activities should befrexecuted so that no areas are stripped or cut unne-planned and
cessarily a
man-made remain unprotected from erosion. Road cuts and fills
should be
water may
Whenever
should be
dations.
terraced, revegetated or retained in such a way that
quickly drain from the slopes without eroding them.
a structure is built adjacent to a steep slope, steps
taken to prevent erosion in the area of the foun-
petent and soluble nature of the materials. No cons
nd so that no area of exposed soil, either in place
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Flooding:,n. x
appears to 9_q confined in e_a..-_.PfI incised channel, except for
flows can be expected within the gurlies on the site, and there-
fore, a certain degree of-.over*dgsigning of the drainage culverts
Seismic and Radiation Hazards:
The proposed Mitchelt Creek p.U.D.
Iies in an area of slight regional seismic activity where shocks
may achieve a Modified mercalri (or MSK) intensity of vrr, or a
Richter magnitude of 5.0. This is considered the threshold for
significantly damaging quakes. The city of Glenwood springs
experienced a shock of MSK intensity v in 1g89. rn Lg67 when
research was done on the problem, some 20 shocks of Richter
magnitude 2.0 to 4.0 were epicentered in the vicinity of Baxter
Mountain (about 12 miles north of the subdivision), and another
such shock was epicentered at the Harvey Gap Reservoir (about 20
miles west of the subdivision). This last shock $ras believed to
have been artificially induced by the presence of the reservoir.
other tremors have been recorded in the Aspen vicinity. whire
this part of cororado is not in an area of serious earthquake
danger, a certrain risk does exist in the area which must be
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PuiLdjng_ s_*es on*$"_:gg$*S!g__g_f.__rhe properry. A more derailed
study sLouf9_ jglerformed on these lots to determine the exact
extent of t lain- tt-rlouglr- th_is area. Flooding and debris
placed in the gullies should to al1ow for the extra
debr is .
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taken into consideration in the design of structures, embankment
and cuts. It should be emphasized that this risk is by no means
Iimited to this site, but is regional in nature. There is no
reason to believe that any unusual degree of risk is associated
with this particular site. It is recommended, however, that
structures be designed to withstand low magnitude earth
accelerations.
No known raaiation-E'EZEFt[-exists'
this site. Radioactive minerals
occur in the Chinte and t'lorrison
found on or near this site.
in Western Colorado generalIY
Formationsr D€ither of which are
mineral Resource:
Some sand and gravel exist in
terrace deposi-r-s (Ot) but the small quantity and presence
colluviaI overburden wiIl probably prevent its extraction
economic mineral resource. Some of this sand and gravel
however, be useful aS embankment and base course material
the development itself '
the
of
as an
mdy,
wi th in
we hope that this has Provided You
with the information you required, if you should have any
questions, or require further informat.ion, please feel free to
contact Lincoln-DeVore.
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lolro
lololo(r
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'*"'QCWQt
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Qt - nttuvial Terrace
Qadf -Ancient Debris Ftow
Pev- Eagte Vailey Evaporite
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APPENDIX C
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WEST GLENWOOD SPRTNGS WATER DISTRICT
c/o Ronald W. Johnson
Attorney at LawP. O. Box 983
Glenwood Springs, Colorado 81502
IiIITCHELL CR.EEK LTMITED
805 Colorado Avenue
Glenwood Springs, Colorado 81601
Attention: Ivlr. Harol-d Denton
Dear Mr Denton:
Pursuant to your request, this is to advise you that
the West Glenwood Springs Water District Board of Directors
has indicated its willingness to provide water for the sub-
division you propose on the property located in the West
Glenwood Springs Water District, forrnerly owned by Dr. Bowles,
and now being developed by Mitchell Creek Limited. The
Water Distel_ct aqrees to provide water to the development,
to the extent of availabilitv of water and facilities for
distribution of water.
Any agreement by the Water District with reference to
provision of water, is conditioned upon the requirement that
the developer of the subdivision provide for escrow of funds
with the County of Garfield, for payment of the cost of con-
struction of water mains within the subdivision to distribute
water to each of the proposed lots in the subdivision. In
lieu thereof, the District woul-d of course, accept actual
construction of the water mains to all lots in the subdivision.
We hereby request that the subdivision approvaontain a subdivision aqre rovid
nt of the cost of development the s within the
v t- s l_on , as set f orth aEove.
Very truly yours,
WEST GLENWOOD SPRINGS WATER DISTRICT
By:
RB: vp
esi-dent
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I VTEST GLENWOOD SPRIIIGS .SANfT.'1TION DISTRICT
P. O. BOX 855
GLU'il/oOD SPRTNGS, COLORAm
September 30, I9B1
Denton Aseoclates fnc.
% Davld. C. Maywalt
805 Colorado Avenue
Glenwood Sprlngs, Colorado 81501
Dear Sir:
We have received your request for sewer service availabllity for
the West Glenwood Sprlngs Sanltatlon District.
At thls time the West Glenwood Springs Sanitation District is
able to provlde sewer service for properties within the
district boundaries.
Our current tap fee i-s $lrOO0.OO per unit.
f,-*, LocArroN
ffir,,H;ir't,$ll'
6ezt+
94i 6069
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Lee Enewold
West Glenwood
Di-stric t Board
Springs Sani-tstion
Pre si den t.
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t'{ountain Be11
P .0 . Box '.22O
Glenwood Springs, C0 . 81,602
Harold Denton
805 Colorado Avenue
Glenwood Springs, C0. 8L601
Dear Mr. Denton,
In response to your request regarding the provision of telephone service
for the lllitchell Creek project in the North-'vfestern Area of Glenwood, I
submit the following information.
1. Telephone service, while not avail-able to all individual lots will
be provided by I',{ountain Bel1 in accordance with the Company Tarriff '
Colorado Public Utilities Commisson No. 5.
Z. Mountain Be1I is a supplier for tel-ephone service in the area. I{ountain
Bell is a private utilities company, and as such, is regulated by the
public Utilities Commission and for interstate rates is regulated by
ihe Federal Communications Commission.
3. Telephone facilities have not been extended to individual 1ots.
4. An estimate of schedule for installation for facilites in the area
cannot be given at this time until- specified information can be suppl:
ied as to telephone facilities required. Upon receipt by lUountain Be1l
of the requirements, it may be determined that certain costs will be
borne by the purchaser of said lots. Please be advised that as of this
lvriting, a commitment for providing service cannot be met until studies
are completed.. These studies will of necessity be made upon receipt
by Mountain Bell of the services and locations of service required by
the developer or ovrners owners.
Area Engineer
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APPENDIX D.
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I DE.IARATT.N oFI -T;ffi:;:I"'*
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TIIE IVITTGIELL cRmK PRoJngr
I wHm.EAS, MTrcHELL cRnffi, LrD., of the State of Colorado (hereafter
I "Declarant"), has caused certain real property in C'arfield County, Colorado,
I described on E<hibit nArr annexed hereto and incorporated herein by this
I refererce, to be surveyed, subdivided, and platted into lots and connpn areas,
as shown on the plat of the Mitchell Creek Project, which plat has been filed
I for record in the real property records of C,arfield &unty, Colorado on
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rhe _ day of , I9BI, in PIat Book _ at Page
-itdchi, TFImEFORE, Declarant, the owner in fee simple of aII of the lards
I included within said Mitchell Creek Project as so platted and above described,
does hereby declare and acknowledge that aII of the lands included within said
t subdivision are and shall hereafter be subject to all of the followirg
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covenants, conditions, restrictions and limitations.
ARTICLE I - zuRPOSE OF O\ENANTS
I I. . It is the intention of D:clarant, expressed byI
his execution of this instrurnent, that the lands within the ivlitchell Creek
I project be developed and maintained as a highly desirable residential area. It
t is the purpose of these covenants that the present natural beauty, the naturalr- growth and native setting and surroundings of the Irtitchell Creek Project shall
I always be protected insofar as is possible in connection with the uses andI
structures permitted by this instrunent. It is of primary intent that the
t separation of each hone site in the subdivision from neighboring hone sites
r shall be protected insofar as is possible.
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I ARTICLE II - DEFINITIONS
r 1. Connpn Area shall mean and refer to all real property owned by the
t Associati." ,* a* *mmon use and enjoynent of the nrembers of the Association.
t 2. Lot shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of the Conurpn Area as
I heretofore defined.
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ARTICLE III - T"IITGIET,L GEEK
fDl'18 O",JNRS ASSOCIATION
I 1. Membership in Ivlitchell Creek Honre Gsners Association. A11 persons orI
associations (other than Ivlitchell Creek Hrome Opners Association) who own or
I acquire the title in fee to any of the lands in the Ivlitchell Creek Project
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(other than lards dedicated as public roads), by whatever means acquired, shall
I autonatically become members of Mitchell Creek ttronre O,vners Association, a
I GLorado not for profit corlrcration, in accordance with the Articles ofI
Incorporation of said Mitchell Creek Home Owners Association as presently in
I effect and rmorded or filed in the records of C,arfield County, Colorado, and
I as the same may be duly amended from time to time and also filed or recorded in
r the C,arfield County records. Upon the conveyance by Declarant of a totaL of 29
I residential lots, all connpn areas and facilities, including but withoutI
limitation, easernents, and recreational facilities, shall be conveyed by
I Declarant to the l,,litchell Creek Home Owners Association, which shall own,
r operate, maintain, repair and administer these areas and facilities inIaccordance with the provisions of the Articles of Incorporation and By-Iaws of
I tqitchell Creek Home Garners Association, and these covenants, conditions andI
restrictions. Such administration shall include but without limitation, the
I rnaking of rules and regulations governing the use of connpn areas and
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facilities and leqgirg of any assessments
maintenarce, repair and operation of such
as the other duties of the l"litchell Creek
herein or in said articles and by-Iaws.
Tl're term "conveyance" as hereinabove
2. Voting. Ttre Association shall
Class A. All the Grners
necessary in the construction,
comnon areas and facilities as weII
Hone Owners Association as provided
used shall not be construed to
ircLude a conveyance by Declarant to any coq)oration, parLnership or limited
partnership of which Declarant is the owner of at least a fifty (50) percent
interest.
with the exception of the
Class B. The Declarant.
have two classes of membership:
as defined in Section 1 of this Article
Declarant.
Votirrg rights shall be in accordance withr the followirE:
Class A Members. Those C1ass A members holding an interest in
any one I-ot shall collectively be entitled to one vote for said
Iot. The vote for each lot shall be exercised by the Orrrners
thereof as they afiong themselves determine, but in no event
shall more than one vote be cast with respect to any Iot.
C1ass B I'€mbers. The Class B member shall be entitled to three
for
CIass
membership when the total votes outstanding in the Class A
membership egual the total votes outstandirg in the Class B
membership.
votes for each Iot in which it holds the interest required
membership by Section 1 of Article fII, provided that the
B rnembership shall cease and becore converted to Class A
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I AIrrrcLE rv - DESTGN oI\IrRoL @M\trmEE
r 1. Appointment Duties. The Board of Directors shall appoint threerI persons at least one of whom must be an architect who need not be Members of
I the Assrciation to serve as the Esign Control Conrnittee to serve at the
pleasure of the Board. It shall be the duty of the Design Control Committee
I and it shall have the power by the exercise of its best judgrnent to see that
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all structures, i:rprovements, construction, decorating and landscapirg on the
r properties conform to and harrnonize with the existing surroundings and
I structures.
lnuu"]."nffi,":::':,:"'..:..:"';:'ffH.:..o,I"I=*.,*.
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intended that the guidelines shall be followed by aII builders, developers,
property owners and residents of the subdivision, and that the Design Control
I Conrnittee follow the guidelines in their reviewirq and permitting Process. Lot.I
purchasers wiII be asked to acknowledge receipt of these guidelines.
t These guidelines can serve the prospective honeowner or designer in
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arriving at design decisions thaL are aesthetically and ecologically responsive
r to the environment of the Mitchell Creek Project, helping to insure that aII
I structures and landscaping are cory>atible with one another and insofar asI
lnssible, are in harmony with the natural surroundings.
I 3. Approval by Design Control Conunittee. llc improvenrents of any kind,
I ircIuding but not limited to dwelting houses, sheds, outbuildirrgs, swimmingIpools, teruris courts, parking areas, fences, walls, garages, drives, antennae,
I flagpoles, curbs and walks, shall ever be constructed or altered on any Iands
within the l,litchell Creek Project, nor may any vegetation be altered or
I destroyed nor any landscaping performed on any tract, unless the conplete plans
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for such construction or alteration or landscaping are apProved in writing by
the Design &ntrol &nrnittee prior to the corilnencernent of such work. In the
event the Design Control Conrnittee fails to take any action within sixty (60)
days after conplete plans for suctr work have been subrnitted to it, then aII of
such suLxnitted plans shall be deenred to be approved. Al-1 subnissions,
approvals, and/ot disapprovals shall be submitted in writing, dated and
receipted for. In the event the Design Control Conrnittee shall disapprove any
plans, the person or association submitting such plans may appeal the matter to
the next annual or special meeting of the members of Mitchell Creek Horne Oamers
Association, where a vote of at least two-thirds of the votes entitled to be
cast at said meetirg shall be reguired to change the decision of the Design
Ocntrol @nrnittee. IJpon submission to the Design Control Conrnittee of any
plans and specifications for a residential dwelling, the Iot owner shall Pay a
fee equal to $0.10 per sguare foot of enclosed floor area within the proposed
structure to defray the cost of examination of said plans. zurther, at the
tfune of approval of such plans and specifications, the lot owner shall Pay a
deposit in the arxrunt of $1,000.00 to the Design Control Committee to assure
that any damage done to roads, easements or conuncn areas during construction of
the lot owner's improvements, and including the installation of utility
services to the property, shall be fully repaired. Said deposit shall be
returned to the lot owner upon conpletion of construction and installation of
utility services to tne lot, provided aII damages to roads, easernents and
comrcn areas has been suitably repaired. In the event such dannge is not
repaired by the 1ot owner within thirty (30) days following issuance of a
Certificate of Occupancy by Garfield County, C.olorado for such dwelling, then
the l,litchell Creek Hcme Oarners Association firay use the deSnsited funds to
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I repair the damage. In the event the damage exceeds the sumof $I,000.00, Lhe
I lr{itchell Creek Home O*ners Association may charge the balance of the cost of
I the repairs to the lot owner as a special assessment against the property, to
I be coltected in the manner of other assessments as provided in the Articles ofI
Incorporation and the By-Iaws of tlitchell Creek Home Ovrners Association and any
I rules and regulations promulgated by such Association. Application to the
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County of Garfield for a Building Permit shall not be made pricr to approval of
plans by the Oesign Control Conrnittee. The Design Control Conrnittee shall
I disapprove any plans suhxnitted to it which are not sufficient for it toI
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exercise the judgnent reguired of it by these covenants,
I shall not be liable in danages to any person or association subxnittirg anyIplans for approval, or to any owner or owners of Iand within the l"litchell Creek
I Project, by reason of any action, failure to act, approval, disapproval, orI
failure to approve or disapprove, with regard to such plans. Any person or
I association acquirirg title to any property in the Mitchell Creek Project, or
I any person or association subrnitting plans to the Design Control C.,cminittee forIapproval, by so doing, does agree and covenant that he or it will not bring any
I action or suit to recover damages against the Design Control Conrnittee, itsI
members as individuals, or its advisors, enployees, or agents.
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safeguard for at least five years complete peflEment written reco,ds of aII
applications for approval submitted to it (including one set of a'! I plans so
I submitted) and of all act,ions of approval or disapproval and all other actions
taken by it under the provisions of this instrurnent.
I 6. The Design @ntrol Conrnittee shall have the authority tr.r grant
I variances from the provisions of the Design Guidelines in cases of irregularly
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5. Design Control Committee ldct Liable. The Design Cont.rol Committee
5. Written Record. The Design Control Committee shall keep and
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shaped lots, unusual terrain, or other conditions where the strict enforcement
would result in unusual hardship. The Design @ntrol Cormittee shall be the
sole and exclusive judge of whether or not said hardship exists.
ARIICLE V - ffiNMAL RESIRTSIIO}IS
ON AtL IANDS
I. Zoning Regulations. Ilc lards within the l"litchell Creek Project shall
ever be occupied or used by or for any structure or purpose or in any Inanner
which is contraqf to the zoning regulations of Garfield County, Colorado
validly in force from tine to tirne, except as the saflre IlLly be allowed under
said regulations as a non-conforming structure or use.
2. No Mining, Drilling or Q.rarrying. t{o mining, quarryirg, tunnelling,
excavatirg, or drilling for any substances within the earth, includirg oil,
gdsr minerals, gravel, sand, rock, and earth, shall ever be permitted within
the limits of the l"litchell Creek Project, except that anythirg contained in
these covenants to the contrary notwithstanding may continue to be operated by
Declarant, his heirs, successors or assigns except during construction.
3. No Business Uses. Ilo lot within the Mitchell Creek Project shall
ever be occupied or used for any conrnercial or business purpose nor for any
noxious activity and nothirq shall be done or permitted to be done on any of
said lands which is a nuisance or might become a nuisance to the owner or
owners of any of said lots. tlo store, office or other place of conrnercial or
professional business of any kindi nor any hospital, sanitorium or other place
for the care or trea$nent of the sick or disabled, physically or mentally; nor
any public theater, bar, restaurant or other public place of entertainment; nor
any church; nor any residential building housing nnre than one family, its
servants or caretakers; shall ever be constructed, altered, or permitted to
renain within the lrtitchell Creek Project.
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I 4. Signs. With the exception of one "F'br Rent" or "E'l)r Sale" sign
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(which shall not be larger than 20 x 26 inches), and one entrance gate sign of
a style and design approved by the Design Control Conunittee, no advertisirg
I signs, billboards, unsightly objects or nuisances shall be erected, altered, or
permitted to rernain on any lot in the Mitchell Creek Project.
5. No ResuMivision. IIc lot described on the recorded plat of the
f t'litchell Creek Project shall ever be resuMivided into smaller tracts or lots
T nor conveyed or encurnbered in any less than the full originat dinensions as
I shown on the recorded plat of the i"litchell Creek Project; provided thatr
conveyances or dedications of easements for utilities may be nnde for less than
I all of one tract.
6. Trash. ALI rubbish and trash shall be removed from all lots in the
itlitche]I Creek Project and shall not be allowed to accumulate or be burned
f thereon.I
7. I.lc obnoxious or offensive activity shall be carried on within the
I subdivision, nor shall anything be done or permitted which shal1 constitute a
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public nuisance thereon.
B. Recreational Vehicles. t{o recreational vehicle such as trail bikes,
I snownrobiles, unlicensed nrrtorcycles, or any other unmuffled vehicle orI
all-terrain vehicles shall be operated on any of the roads, private lots or
I comrlrcn area within the subdivision, unless specifically authorized by the Board
I of Directors of the Association.I 9. Tnere shall be no hunting of any aninrals whatsoever within the
I boundaries of the l,Iitchell Creek Project, nor shall there be the carrying orI
discharge of any firearms.
I 10. I"taintenance in Public Rights-of-Way. Each Iot owner shall be
I responr
I - ,rbt*ining the Erblic right-of-way directly in front of the
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t oh,nerrs lot on the lot side of the street. This area shall be maintained as if
r it were a part of the owner's lot. LFon failure of the owner to do so, the
t Board of Directors, rnay at its option, after giving the owner thirty (30) days'
I written notice, have the area maintained when, and as often as the sarne is
necessary in its judgementr to maintain the beauty of the properties. Areas
I adjacent to comrpn space shall be nnintained by the Hcme Osners Assrciation.
I Il. ffr-Street perfing.. There shall be no on-street parking of anytvehicle.
I L2. Utility Easements Reserved. Declarant hereby reserves to itself, andI
its sucessors in interest, perS:etual easenents as recorded on the final plat of
I the ivlitchell Creek Project, for the purpose of constructing, maintainirg,
r ooerating, replacing, enlarging and reSniring electric, telelhone, water,
I ,rrrr*r"., "ur"r, ,u", u.,a "i*irar lines, pipes, wires, poles, ditches and
t conduits. Declarant reserves to himself, his heirs, successors and assigns,
perpetual anchor easernents adjacent to aII such utility easements sufficient to
I a1low al-t utility trrcIes to be securely and properly ancnored arrd fastened.I *"T;#X**
I I. Ntunber and Iocation of Buildings. No buildirgs or structures shallI
be placed, erected, altered, or permitted to remain on any residential lot
I other than:
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a) Ore detached sirgle-family dwelling housei and
b) Oile attached or detached garage; and
t c) Other non-residential outbuilding other than a garage.
l,Io dwelling house or garage or outbuilding shall be placed, erected, altered or
I permitted to rernain on any residential lot at any site or location except as
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specificatly permitted by the Design Control Conrnittee in its approval of the
building site locations; provided, however, that no livirg unit lrcated within
any residential dwellirg located upon any residential Iot shall be leased or
rented other than in conjunction with the leasirg and rental of the entire lot
and all inrprovenents thereon.
2. Trees and landscaping. No trees or brush growing on any residential
1ot shall be felled or trirmred, nor shall any natural areas be cleared, or
formal lawn areas constructed, or landscaping performed on any residential
tract without the prior written permission of the Design @ntrol @mmittee.
3. Cormnercial Vehicles, C;ampers, or Trailers. llo campers, recreational
vehicles, boats, trailers, conunercial type vehicles or trucks shall be stored
or parked on any Iot except in a closed garage, nor parked on any street, road
or Connpn Area except while engaged in transport to or from a dwelling. For
the purposes of this restriction, a truck having a 3/4 ton manufacturer's rated
capacity, connrcnly known as a pick-up truck, shall not be deemed to be a
conunercial vehicle or a truck.
4. Easernents. Easements and rights-of-way for lighting, heating,
electricity, gas, teletr*rone, water and sewage facilities, and any other kind of
public or water and sewage facilities, and any other kind of public or
quasi-public utility service are reserved as shown on the plat.
Where side yard setbacks are reduced to I foot, a l5-foot easenent is
reserved for construction and for maintenance but not for storage, on the
adjacent property. An easement for use of and for fencing of said l-foot
setback is reserved for the adjacent property. When the adjacent property's
landscaping is disturbed by use of the construction and maintenance easement,
it shall be the responsibility of the disturbing party to correct the
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disturbances. However, an ohmer shall not plant other than grass in this
l5-foot easement prior to construction on the adjacent lot or for a period of 5
years.
ARTICLE VII - n{FORCEMENI
1. Enforcement Actions. The Design Control Conunittee shall have the
right to prosecute any action to enforce the provisions of all of these
covenants by injunctive relief, on behalf of itself and aII or part of the
owners of lands wittrin the l"litche1l Creek Project. In addition, each owner of
a lot within the Mitchell Creek Project, includirrg lvlitchell Creek ltrome Otrners
Association, shall have the right to prosecute any action for injunctive relief
and for damages by reason of any violatsion of these covenants. Any lot owner
determined to be in violation of these covenants, conditions and restrictions
by a court of appropriate jurisdiction, agrees to pay the reasonable attorneysr
fees incurred by the person or entity bringing such action.
ARTICLE VIII - C'M{MAL FROVISIO}B
1. Covenants to R.rn. A11 of the covenants contained in this instrurnent
shall be a burden on the title to all of the lands in the Mitchell Creek
Project, and the beneEits thereof shall inure to the owners of all of the lards
in the Mitcnell Creek Project, and the benefits and burdens of all said
covenants shall run with the title to all of the lands in the I"litchell Creek
Project.
2. Trermination of Covenants. The covenants contained in this instrurnent
shalI terminate thirty years after the date of execution of this instrurent, or
at the tinre of final dissolution of the Colorado corporation not for profit
known as Ivtitchell Creek Flcme O,.rners Association, whichever shall first occur.
These covenants rnay be amended by a vote of two-thirds of the votes entitled t'o
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be cast by ttre nrembers of lulitchell Creek Home Opners Association at annual or
special neetings thereof, said vote to be cast at any meeEirg of the members
duly held in accordance with the Articles of Incorporation and By-Iaws of
Ivlitchell Creek Hcme Odners Association, provided a properly certified copy of
the resolution of amendment be placed on record in Garfield County, Colorado
u6rcn adoption.
3. Severability. Should any part or parts of these covenants be
declared invalid or unenforceable by any court of corpetent jurisdiction, such
decision shall not affect the validity of the remaining covenants.
4. paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be construed to be a part of the covenants
contained herein.
IN WITT{ESS W}IEREOF,
described and subdivided
instrument this
owner in fee of all of the lands
Creek Project, has executed this
, 1981.
Declarant, the
as the I'litchell
day of
MITICHEI,L CRMK, LTD., a @IOTAdO
Iimited partnershiP
By Mitchell Creek Corporation, a CoLorado
corporation, its @neral Fartner
By.
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I srAr, oF oJIoRAm )
) ss.
r @UNTY OF )
I ,uot"*-..,*worn to before me this day of
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r r98l ty Harold G. Denton as presid."t-oi llitffi-creer corporEElon, a Colorado
I corporition, General Partner of l,litchell Creek, Ltd., a Colorado limitedr partnershiP.
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Witness nry hand and official seal-
My coinrnission expires :
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notary Rrblic
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I DEsrcN .JNIR,L GUTDELTNES
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FOR THE I\'IIT\TIEIL CRffiK PROJEI
I r' rI\rRoDIJcrroN
The llitche1l Creek Project attempts to achieve a relationship where
I man-made buildings exist within the lanCscape instead of intruding on the
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landscape. Ttre introduction of roads, utilities, buildings and other mannrade
elenents should be made in such a way tlrat they do not erase or destroy the
t natural beauty of the land, its terrain, its vegetation or its nrood.
II. DESIGN RHrIE{
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Under the provisions of Article IV of the l"litchell Creek Project
Declaration of Protective Oovenants, Conditions and Restrictions, a process of
I design review has been established to help guide property owners and to provide
- property owners with information when dealing with the requirernents of each
t =ra.. The Design Control Comittee wilt be nrade up of three persons (at least
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one of which must be an Architect). Tne covenants reguire only one submittal
and approval, but it is strongly recommended that a preliminary design
t conference be requested when preliminary plans are ready. This is early enough
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in the project process to protect the owner from having to make expensive
I changes when the final plans are conpleted and reviewed.
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At this preliminary stage, drawings should be complete enough to $ive a
conplete picture of aII aspects of the design, but without the detail which
t wi1l be necessary in the final construction drawings that will be reviewed for
- final approval. At the preliminary review stage, sulxnitted plans need be one
I copy only and should show the conceptual design of:
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I incrude:
(I) the site with landscaPirg;
(2) floor plans;
(3) elevations showirg the exterior materials, character and color of the
progrcsed structure.
Drawings suLxnitted for the final review should be in three coPies and
(I) SiteTlan. Indicate proposed building footprint, roof drip lines,
property boundaries and easements, utility locations, existirg
vegetation, existing and proposed contours, areas of cut and fill,
drainage, proSrcsed roads, driveways, sidewalks, decks, and other
proposed improvement. Drawn at I" = 20' or larger;
(2) Footing and Foundation Plan. Drawn at 1/8" or L/4" scale;
(3) Floor Plans. Drawn at I/8" or I/4" scale. Include all room
dinrensions, door arrd window locations, and sizes and locations of
mechanical and electrical systems;
(4) Eleyeliglg. Indicate the exterior appearance of all views labeled in
accordance with the site plan. Heighth of chimneys as conpared with
the ridge of the roof. Natural and finished grades for all
elevations of aII views. Describe all exterior materials, color and
finishes (walls, roofs, trim, chimney, windows, doors, etc-);
(5) Building Sections. Presented at L/8" or I/4" scale- Indicate
building walls, floors, interior relationships, finished exterior
grades and other information to clearly describe the
interior/exterior relationship of the building;
(6) Details. Provide design details to sufficiently represent the visual
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I expression of the building. E(pose connections of material
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interfaces;
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I (7) Landscape PIan. Present at 1/16" or l/8" scalei can be inclu.le.l with
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the site plan drawing. Include site contours, plant naterials with
size and condition, rock outcroppings, decks or patios, service
I yards, driveways, etc. Primary view and wind directions, aII
existing trees, proposed fences or walls with detailed description of
I the construction, exterior lighting locations and coverage areasi
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(B) Slpcifications. Provide specifications and color boards for at least
the following items: exterior wall rnaterials and colors, windows and
I doors with colors, exterior trim materials and colors, fireplace,
exterior lighting fixture, insulation and heat loss specifications
I with supportirg calculations.
I The approval process time will vary with the adequacy of the design
I inforrnation subnitLed, and the acceptability of the subrnitted design. It
t should be understood that inadequate information and/or inappropriateness can
delay review of a proSrcsed design. Every attempt wiII be nade to limit review
I tinre for each subrnittal to two weeks.
I A house is an important and expensive invesLrnent and the use of a
I professional design consultant is recoinrended to help insure a more
I satisfactory end result. An owner may, however, attempt his or her ownI
design. If the design reflects an acceptable house and the plans are
I completely executed, they wil-l be accepted. Most owners are not sophisticated
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designers or familiar enough with the work involved to prelnre plans and
I specifications in a form adequate for review procedures and for permit
I issuarce. If you elect to do your own design or retain non-professionalI
services, you should anticipate providing a high level of practical, technical
t and aesthetic conpetence and it is very likely that review and approval wiII
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require considerably longer than if a professional were involved.
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I Owners shall pay a fee equal to I0 cents per square foot of closed floort ;""*:';li;" :"":, ::;: "T,::::,'::.:".i:'::';::::":,*
I building plans, O,rners shatl pay a deposit of $I,000 to the Design ControlI
&nrnittee which shall be held to assure that any dannge dcne to roads,
I easements or comnon areas during construction of the lot o\^Jner's improvements
I shall be fully repaired and that landscaping is installed as shown on theIapproved plans. Said $1,000 deposit shall be returned to the lot owrler uPon
I conqrletion of construction and landscaping, provided aI1 damages to roads,I
easenents and connrrn areas have been suitably repaired.
I ApprovaJ- plans are kept on file, and if changes or revisions are desired,
r there must be an additional submittal to the Design Control Conunittee forIfurther review and aPProval.
t Thre Design Control Conrnittee does not seek to restrict taste or individual
preferences, but to avoid harsh contrasts within the landscape and to encourage
I careful design so that there is harmony between buildings and their site, and
r amonq buildings themselves.I
I III. FITITT}G T*IE I,ANDSCAPE
Native shrubs and indigenous tree ard ground cover contribute much to the
I natural beauty of the Mitchelt Creek koject. These include cedar, pinion
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pine, scrub oak and sagebrush on the hillsides to cottonwoods and grassy
meadows along the creek banks. firese natural anrenities are to be retained
I wherever Snssib1e. Clearing and/or "benching" of a site wiII not be allowed.
It is ex5:ected that the design of the house will be tailored to the site, not
I the site to the house.
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Tb help owrers and their designers design houses ttrat fit into the natural
landscape, the following reconrnendations are offereti:
1. Preserve tne natural ground cover as much as pcssible.
2. Protect existing trees wherever 1rcssible.
3. Lay out leach fields ard septic tanks where they are required with
the thought in mind that they disturb the ground cover as much as any
other structure.
Keep all landscape plans informal and sinple in harmony with the
environrnent, using plant material indigenous to the site.
Grassy yard areas or cultivated garden areas should be restricted in
size and associated with the house.
IV. BUILDI}iG DESIGN
It is the ability of structures to fit within the natural lardscape rather
than their ability to dennnd attention that makes them work. Structures
designed within this spirit will give unity to the develo;ment and will
intensify the experience of being in a place that is unigue and sensitive to
the natural beauty of the site.
Height. The maximum height for all structures is 20'. Ground shall be
considered to be natural grade or final grade, whichever is the more
restrictive. Roofs which have a pitch of 6 in L2 or greater will have their
maximum height trrcint considered to be halfway between the ri<igeline and the
average height of the eave. AlI roofs of less than a 6 in t2 pitch shall use
the ridgehne as the trrcint for measurirrg rnaximum height. Flues and chimneys
will not be considered.
Roof Fbrms and Materials. When roofs project above the site's natural
not terminate withground cover, they should be softened. Roof forms should
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ridge at a vertical wall, but shall counter pitch from the ridge a mininn:m
distance of four feet.
Redr,vood and cedar shingles are rnaterial that blend well as they age with
the site. Ihe use of sod roofs is encouraged, but requires special study in
methods to obtain satisfactory results ard to prevent costs in maintenance from
becoming a najor project. Sod roofs should always tie back into the natural
terrain.
Tar and gravel roofs and other flat roofs are not allowed, except where
they comprise no more than 25t of the total roof area, and where the roof's
surface is not visible from neighboring properties.
Exterior Wa11s. The natural appearance of redwood or cedar boards seems
particularly appropriate. Stucco (or drivit/settef) in warm off-white colors
ard native rock (not volcanic) should be expressive of rnass rather than infill
panels, generally the heavier masonry exposure should i:e below and visually
suplrcrting the Iighter wood sheeting structural elements. Erposed concrete,
preferrably textured and tinted with a warm tan or brown additive, will require
specific approval of the board.
Pl1mood, wood shakes, rneEal, rnasonite and asbestos are examples of siding
that is not generally acceptable.
Colors on exterior surfaces must be shades of gray or brown, with
earth-tone tints. the majority of the surface mlst be left natural or stained
using a semi-transparent stain. Only accent and trims may use paint or opaque
stains.
Windows. Wiren allowed by the Uniform Buildirrg Code, windows in building
walls parallel to and within 20 feet of one foot setbacks, shall be limited to
a total of 12 square feet and no single window shall be larger than 6 square
feet net opening.
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t Metal window franes are not acceptable unless they are anodized aluminum
or baked enamel.
I Foundations. Ftrundations shall be designed by an architect or
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professional engineer to be consistent with soil tests for this specific site.
Each site owner is responsible for obtaining his own site specific soils
I investigation. Visually, extrrcsed concrete and concrete nasonry foundations
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should be stained or textured and will require specific approval of the board.
r It is preferred that exSrcsed foundation walls be face<l with rocked or rnaterial
I consistent with other exterior walls of the building.
fnsulation. F\:11 therrnal insulation is reconrnended for exterior wa1ls,
t .ooa= * spaces of aII buildings. A heat loss facuo r of L2to 15 watts
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per square foot is the reconunended nnximum. This represents approximately R-30
r for roofs and R-I9 for waIls. Door and window weatherstripping, thermal pane
I glazing, operable window, fireplace danpers and external combustion air
intakes, door configuration that ensure the tightest seals, and solar heating
I systems should i:e utilized. (Provisions to require energy-efficient ard/or
I solar design will be added to these covenants).
I Drivewavs. Oonsideration in lrcating driveways include: safety of access
I to and from the rnain roads, ease of grade (a rnaximum grade of I2*), minimal
destruction of tree cover, minirnal disturbance of land surface (grading).
I Driveway surfaces within the lot may be of hard surfaced or gravel.
I At least two Srarking spaces screened from the view of neighboring
I properties are nnndatory. Mditional spaces are highly desirable to
I acconnpdate guests.I
Garage buildings are not a requirement if two screened parking spaces can
I be accomplished otherwise. However, because of the snow climate of the
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Mitchell Cteek Pro3ect, a garage is recomrended. Carports are not
to the clfunate and are not acceptable.
on several of the uphil} access sites (rots 16-20) it wilt be
drop the parking structure or screened parkirg spaces into the hill
order to rnaintain maximum grade.
appropriate
necessary to
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Ebncing. Fbncing should generally be limited in use only for areas
reguiring screening, such as service yards, clothes dryirg areasr garbage ard
trash areas, campers, trucks, trailers, boats, pet runs and private yard
areas. It should be solid and compatible with the dwelling. AII fences shall
be of wood construction, stained or oiled, but not painted. C,enerally,
property line fences are not desired, and they will not be permitted without
the prior written approval of the board.
Animals. The keeping of ordinary household pets shall be allowed. Other
animals or trrcultry may be kept only with the prior written permission of the
Design Control Conrnittee. Areas of outdoor animal keeping must be approved by
the Oesign Control Conrnittee. A1I animals shall be kept under strict control
at aIl times and sha1l be kept on a Ieash and on the lot owner's premises and
not be permitted to run at large.
The ttrcme Olrners Association may enforce this provision of this ordinance
by whatever means rnay be legally available to it. In lieu of, or in addition
to other rernedies, the Hcrne O*ners Association may lerry penalties against
owners violating this ordinance as follows: First violation, fifty dollars
($50.00); second violation, one hundred dollars ($100.00); third violation and
subsequent violations, five hundred dollars ($500.00) . these fines rnay be
levied as special assessments against the lot owner's property to be collected
ard enforced in the same marner as other assessments rnade under the authority
of the Mitchell Creek Hone Orvners Association.
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D,ve1ling House to be Constructed First. Ito garage or other outbuildirg
shall be constructed on any residential lot until after corllencement of
construction of the dwelling house on the same residential lot. AIl
construction and alteration work shall be prosecuted diligently, and each
building, structure or inprovement which is conunenced on any residential lot
shall be entirely completed within eighteen (18) months after colnTencement of
construction.
Tbwers and Antennae. llo
than the highest roof Iine of
residential lot, and all such
permitted upon any residential
Control Committee in writing.
house or other structure on any
towers or radio or television antennae higher
the dwelling house shall be erected on any
toi^rers and antennae must be attached to the
dwelling house unless otherwise approved by the Oesign Control Conrnittee in
writing.
Tanks. llo elevated tanks of any kind shall be erected, placed or
lot unless otherwise approved by the Design
Any tank used in connection with any drvelling
' residential lot, including tanks for storage of
gBSr fuel oil, gasoline, oil, or water, shall be buried, or if located above
ground the location and screening shall be as determined by the Design Control
Conrnittee in writing.
Ilem[prary Structures. l.lo used or previously erected or temporary house,
structure, house trailer or non-permanent outbuilding shall ever be placed,
erected, or allowed to remain on any residential lot, except during
construction periods and except with written approval of the Design Control
@rmittee, no dwe1J-ing house shall be occupied in any manner prior to its
completion.
B<terior Lighting. No exterior lignt whose direct source is visible from
a neighboring property or which produces excessive glare to pedestrians or
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vehicular traffic shall be installed. Indirect sources and horizontal cut-off
fixtures are recomnended to reduce glare and provide general alnbient light.
Use of other than white or pale white exterior lights wiII require specific
approval of the board.
Wel1s. Wells and other domestic independent water systems are prohibited
in the Mitchell Creek Project.
Sewage Disposal Systems. Lots 23 through 29 are reqr:ired to provide
independently engineered sewage systems. Oesign and installation of these
systems is subject to review by the County Environmental Health Department.
Iocation of sewage systems must be indicated on the site plan.
Utilities. AlI secondary utility extensions (from trunk lines to
individual structures) must be urderground. Locations of all utility mains
will be provided. Connections and on-site lines must be indicated on the site
plan.
Solar. Itre use of passive solar artd/or energy-efficient desrgns are
encouraged for a1I structures in the Mitchell Creek Project. Lots I through 22
have adequate solar access to consider use of solar gain, and the clirnate
allows a high return in costs invested when corpared to rrrcmy areas of the
country. Proper window location and size will allow for deep winter sun
penetration into the house. The winter sun is at an angle of 28 degrees on
December 21 at noon. Proper overhangs at south facing windows will eliminate
suflrner sun penetration into the house. The sunrner sun is at an angle of 74
degrees on June 2I at noon.
!{hren designing the plan for a residence, the following considerations for
room arrangement should be considered.
(I) The south side of the building is a good location for livirg, family
and dining rooms;
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I Q) I-ocate rooms used least on the north to form a buffer to winds and
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cord;
^: ^!r^^- ,..-*. ^r^^.,.r^ L-^(3) Bathrooms and other "warm" roofils strould be located toward the center
t of the house;
(4) Cluster building spaces tightly to minimize the perineter surface
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(5) Building entrances should be designed to minimize heat loss. Tight
door seals and/or air-lock door arrangenents can prevent large air
I exchanges and reduce heat loss due to infiltration.
Ihe use of inass within a building is very important for the storage of
I heat. Massive rnaterials can be used most effectively to nroderate interior
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tt placed within the structure rather than outside of the
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V. IJ\NDSCAPE
I In order to maintain the natural beauty of the Mitchell Creek Project
r landscape, use of native plants and materials is strongly encouraged whereI- appropriate. The use of exotic plants foreign to the area except those proven
I over Lime as viable and appropriate (i.e., the lilac) is not permitted. ScaleI
and overall design should be such that one senses the vegetation was integrated
I wit.h the natural landscape rather than contrasting or im5rcsing.
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Building sites sloping in an excess of 25 percent shall be li.rnited to a
maximum of 11000 square feet of irrigated area and this area shal,l- be
I contiguous to structures on the site.
Planting outside of the defined irrigated areas shall be limi-ted to native
I species conpatible to the innediate surrounding flat conrnunity (exanple: aspen
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I and spruce should not be introduced on sagebrush and grass hillsides outside of
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the defined innediate irrigated area).
r Irrigated landscape area should be defined from native vegetation areas by
I timber, stone or edging elenents.I
fire naximum grade for a cut or fill slope in severe circumstances shall be
I L L/z'horizontal to 1' vertical. Tne preferred nraximum slope for areas of cutt *' ';: ffi":;il",::;;" ",'=""":.:.'.,'ff"".:i,':"';,::"'""''
I Slope rounding creates a more natural appearing slope configuration and
promotes rapid revegetation at the fringe of disturbed areas. Do not use a
I sharp "engineered" cut slope.
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AlI topsoil should be salvaged from disturbed areas arrd respread prior to
revegetation. Vlhere possible, existing sagebrush and grasses should be
I incorporated with stripped and respread topsoil.I
Ihe visible heighth of retaining walls should be limited to 6r. When
I retaining walls are required in a heighth exceeding the maximum of 6', multiple
t structures should be stepped back to create planting terraces.
TCI ,".",*"I",::J,::'::,:-'.:'::"::"'il ::::::::.:,":::::::""u .o
create micro-environrnents more conducive to seed germination and plant growth.
I Scarification equiSxnent marks should run parallel with the slope contours.
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Concentrations, snow melt and storm water runoff from impervious surfaces
I such as driveways, patios and roofs should be avoided. Patio surfaces such as
I brick, flagstone or concrete pavers over a gravel and sand bed, will disperse
run-off rather Lhan concentrate it. Gravel driveways or grass crete parkirg
I areas will also minimize concentrated run-off and lessen the possibility of
r Iocalized erosion.I
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MITCHELL CREEK PROJECT
COVENANTS &
DESIGN GUIDELINES
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WHEREAS, MIrcHEti cnenx, LTD., of the State of Colorado (hereafterII "Declarant"), has caused certain real property in Garfield Countyr Col,orado,
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described on Exhibit 'A' annexed hereto and incorPorated herein by this
reference, to be surveyed, subdivided, and platted into lots and common areas,
I as shown on the plat of the l'litchell Creek Project, which plat has been filed
I for record in the real property records of Garfield County, Colorado on
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No{, THEREFORE, Declarant, the owner in fee simple of aII of the lands
included within said Mitchell Creek Projecc as so platted and above described,
I does hereby declare and acknowledge that all of the lands included within said
r subdivision are and shall hereafter be subject to all of the following cove-Ir nants, conditionsr restrictions and limitations.
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ARTICLE I - PURPOSE OF COVENANTS
I l. General Reguirements. It is the intention of Declarant, expressed by
I his execution of this instrument, that the lands within the Mitchell Creek
t nroject be developed and maintained as a highly desirable residential area. It
I is the purpose of these covenants that the present natural beauty, the naturalI
growth and native setting and surroundings of the lt{itchell Creek Project shall
I always be protected insofar as is possible in connection with the uses and
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structures permitted by this instrument. It is of primary intent that the
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DECLARATION OF
PROTECTIVE CPVENANTS, CONDITIONS
AND RESTRICTIONS OF
THE IIIIrcHELL CREEK PROJECT
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separation of each home site in
shall be protected insofar as is
the subdivision from neighboring home sites
possible.
ARTICLE II . DEFINITIONS
1. Commgn Area shall mean and refer to all real property owned by the
Association for the
2. Iot shall
subdivision map of
heretofore defined.
common use and enjoyment of the members of the AssociaEion.
mean and refer to any plot of land shown upon any recorded
the Properties with the exception of the Corunon Area as
ARTICLE III - MITCTMLL CREEK
TiOME OWNERS ASSOCIATION
1. llembership in Mitchetl Creek Home Grners Association. All persons or
associations (other than Mitchell Creek Home Or+ners Association) who own or
acquire the title in fee to any of the lands in the Mitchell Creek Project
(other than lands dedicated as public roads), by whatever means acquired, shall-
automatically become members of }litchelI Creek Home Owners Association, a
@lorado not-for-prof it corporationr in accordance with the Articles of Incor-
Ebrat,ion of said Mitchell Creek Home Owners Association as presently in effect
and recorded or filed in the records of Garfield @unty, Colorado, and as the
same may be duly amended from time to time and also filed or recorded in the
Garfield Count.y records. Upon the conveyance by Declarant of a total of 22
residential lots, aIl common areas and facilities, including but wiEhout limi-
tation, easements, and recreational facilities, shall be conveyed by Declarant
to the Mitchell Creek Home Owners Association, which shall o$rn, operate, main-
tain, repair and administer these areas and facilitsies in accordance with the
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provisions of the Articles of Incorporation and By-Iaws of MitcheII Creek Home
Ovrners Associationr and these covenants, conditions and restrictions. Such
administration shall include but without limitation, the making of rules and
regulations governing the use of conmon areas and facilities and levying of any
assessment.s necessary in the construction, maintenancer repair and operation of
such common areas and facilities as well as the other duties of the l.4itchell
Creek Home O$rners Association as provided herein or in said articles and by-
1aws.
The term "conveyance'as hereinabove used shall not be construed to
include a conveyance by Declarant to any corporation, partnership or limited
partnership of which Declarant is the owner of at least a fifty (50) percent
inEerest.
2. Voting. The Association shall have two classes of membership:
Class A. ALl the Or*ners as defined in Section I of this Article
with the exception of the Declarant.
Class B. The Declarant.
Voting rights shall be in accordance with the following:
Class A Members. Those Class A members holding an interest in
any one Lct shal-l collectively be entitled to one vote for said
Ipt. The vote for each Lot shall be exercised by the Owners
thereof as they among themselves determine, but in no event
shall more than one vote be cast with respect to any lpt.
Class B Members. The Class B member shall be entitled to three
votes for each Iot in which it holas the interest required for
membership by Section I of Artiele Iffr provided that the Class
B membership shall cease and become converted to Class A
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membership when the total votes outstanding in the Class A
membership egual t,he total votes outstanding in the Class B
membership.
ARTICLE IV - DESIGN CONTROL @MMITTEE
I. Appointment Duties. The Board of Directors shall appcint three
persons at least one of whom must, be an architect who need not be Members of
the Association to serve as the Design Control Committee to serve at the
pleasure of the Board. It shall be the duty of the Design Control CommiEtee
and it shall have the power by the exercise of its best judgment to see that
all structuresl improvementsr construction, decorating and landscaping on the
Properties conform to and harmonize with the existing surroundings and struc-
ture s.
2. Desiqn Guidelines. Design guidetines for the I'litcheII Creek Project
have been published under separate cover and are hereby adopted. It is
intended that the guidelines sha1l be followed by aIl builders, developers,
property owners and residents of the subdivision, and that the Design Control
@mmittee follow the guidelines in their reviewing and permitting process. I,ot
purchasers will be asked to acknowledge receipt of these guidelines.
These guidelines can serve the prospective homeowner or designer in arriv-
ing at design decisions that are aesthetically and ecologically responsive to
the environment of the Mitchell Creek Project, helping to insure that all
structures and landscaping are compatible with one another and insofar as
possible, are in harmony with the natural surroundings.
3. Approval bv Desiqn Control Corunittee. No improvements of any kind,
ircluding but not limited to dwelling housesr shedsr outbuildings, swimming
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pools, tennis courts, parking dr€ds1 fences, \"ralls, garages, drivesr antennae,
flagpoles, curbs and wa1ks, shall ever be constructed or altered on any lands
within the lvlitchell Creek Project, nor may any vegetation be altered or de-
stroyed nor any landscaping performed on any tract, unless the complete plans
for such construction or alteration or landscaping are approved in writing by
the Design Control Committee prior to the comrnencement of such work. In the
event the Design Control Committee fails to take any action within thirty (30)
days after complete plans for such work have been submitted to itr then aII of
such submitted plans shall be deemed to be approved. A11 submissions, ap-
provals, and,/or disapprovals shall be submitted in writing, dated and receipted
for- In the event the Design Control Committee shall disapprove any plansr the
person or association submitting such plans may appeal the matter to Lhe next
annual or special meeting of the members of Mitchell Creek Home Owners Associa-
tion, where a vote of at least two-thirds of Lhe votes entitled to be cast at
said meeting shaIl be reguired to change the decision of the Design Control
Committee. UPon submission t,o the Design Control Committ.ee of any plans and
specifications for a residential dwelling, the lot o\{ner shatl pay a fee egual
to $0.10 per sguare foot of enclosed floor area within the proposed structure
to defray the cost of examination of said plans. Further, at the time of
approval of such plans and specifications, the lot owner shall pay a deposit in
the amount of $Ir000.00 to the Design Control Comrni.ttee to assure that any
damage done to roads, easements or common areas during construction of the lot
owner's improvements, and including the installation of utility services to the
Property, shall be fully repaired. Said deposit shall be returned to the lot
ovrner upon completion of construction and instaltation of utility services to
the lot, provided all damages to roads, easements and conmon areas has been
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suitably repaired. fn the event such damage is not repaired by the lot owner
within thirt.y (30) days following issuance of a Certificate of Occupancy by
Garfield County, Colorado for such dwelling, then the Mit.chell Creek Home
Gvners Association may use the deposited funds to repair the damage. In the
event the damage exceeds the sum of $1r 000.00, the Mitchell Creek Home Orvners
Association may charge the balance of the cost of the repairs to the lot owner
as a special assessment against the property, to be collected in the manner of
other assessments as provided in the Articles of Incorporation and the By-Iaws
of Mitchell Creek Home Orvners Association and any rules and regulations promul-
gated by such Association. Applicat.ion to the County of Garfield for a Build-
ing Permit shall not be made prior to approval of plans by the Design Control
@rnmittee. The Design Control Committee shall disapprove any plans submitted
to it which are not sufficient for it to exercise the judgment required of it
by these covenants.
5. Design Control Committee tlot Liable. The Design Control Committee
shall not be liab1e in damages to any perscn or association submitting any
plans for,approvalr or to any owner or or{rners of land within the Mitchell Creek
Project, by reason of any action, failure to act, approval, disapproval, or
failure to approve or disapprove, with regard to such plans. Any person or
association acquiring title to any property in the Mitchell Creek Project, or
any person or association submitting plans to the Design Control Committee for
approval, by so doing, does agree and covenant that he or it. will not bring any
action or suit to recover damages against the Design Control Committee, it.s
members as individuals, or its advisorsl employees, or agents.
5.
guard for
Written Record. The Design Control Committee shall keep and safe-
at least. five years complete permanent written records of all
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aPplications for aPproval submitted to it (including one sets of all plans so
submitted) and of aII actions of approval or disapproval and all- otsher actions
taken by it under the provisions of this instrument.
7. The Design Control Committee shall have the authority to grant vari-
ances from the provisions of the Design Guidelines in cases of irregularJ-y
shaped lots, unusual terrain, or other conditions where the strict enforcement
would result in unusual hardship. The Design Control Committee shall be the
sole and excrusive judge of whether or not said hardship exists.
ARTICLE V . GENERAL RESTRICTIONS
ON ALL LANDS
1. Zoninq Requlations. No lands within the Mitchell Creek Project shall
ever be occupied or used by or for any structure or purpose or in any manner
which is contrary to the zoning regulations of Garfield County, Colorado
validly in force from time to time, except as the same may be allowed under
said regulations as a non-€onforming structure or use..
2. No Mining, Drilling or Quarryinq. No mining, quarrying, tunnellingl
excavatingr or drilling for any substances within the earth, including oil,
gESr mineralsr gravel, sand, rock, and earth, shall ever be permitted wit.hin
the limits of the l4itchell Creek Project, except that anything contained in
these covenant,s to the contrary notwithstanding may continue to be operated by
Declarant, his heirs, successors or assigns except during construction.
3. No Business Uses. No 1ot within the Mitchell Creek Project shaIl
ever be occupied or used for any commercial or business purpose nor for any
noxious activity and nothing shall be done or permitted to be done on any of
said lands which is a nuisance or might. become a nuisance to the owner or
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I ovrners of any of said lot.s. No store, office or other place of commercial or
professional business of any kindi nor any hospital, sanitorium or other place
I for the care or treatment of the sick or disabled, physi.cally or mentally; nor
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any public theater, bar, restaurant or other public place of entertainmenti nor
any church; nor any residential building housing more than one family, its
I servants or caretakers; shall ever be constructed, altered, or permitted to
remain within the Mitchell Creek project.
I 4. Signs. With the exception of one'Ebr Rent" or nPor SaIe" sign
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(which shall not be larger than 20 x 26 inches), and one entrance gate sign of
a style and design approved by the Design Control Committee, no advertising
I signs, billboards, unsightly objects or nuisances shall be erected, altered, or
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"" ..""..,",=;":.'":"':":':.=:.:'::'""::",..:,... prar or rhe
I Mitchell
I "t*- "."r."a =hall ever be resubdivided into smaller tracts or lots
nor conveyed or encumbered in any less than the fuII original dimensions as
I shown on the recorded plat of the.Mitchell Creek Project; provided that convey-
ances or dedications of easements for utilities may be made for less than all
I of one tracr.
I 5. Trash. All rubbish and trash shall be removed from aII Iots in theIMitchell Creek Project and shall not be allowed to accumulate or be burned
I thereon.
'7. No obnoxious or offensive activity shall be carried on within the
t subdivision, nor shall anything be done or permitted which shall constitute a
I public nuisance thereon.I 8. Recreational Vehicles. No recreational vehicle such as trail bikes,
I snowmobiles, unlicensed motorcycles, or any other unmuffled vehicle or all-
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I terrain vehicles shall be operated on any of the roads, private lots or commonI
area within the subdlvisionr unless specifically authorized by the Board of
I Directors of the Associat.ion.
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I discharge of any firearms.I
10. Maintenance in Public Rights-of-Way. Each lot owner shaIl be
I responsiba" a* -*"a*ning the public right-of-way directly in front of the
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::"...':::.,'.:"::':::'.,:" "
t Board of Directors, may ar its option, afrer giving the owner rhirty (30) days,
written notice, have the area maintained rvhenr and as often as the same is
I necessary in its judgment, to maintain the beauty of the properties. The cost
I of this maintenance may be charged to the lot owner as a special assessmentIagainst the property by the Home Orrrners Association. Areas adjacent to common
I space shall be maintained by the Home Ovrners Association.I
1I. On-Street Parking. There shall be no overnight on-street parking of
I any vehicr.. ,""t**r- (6-hour) guest parking will be allowed, but not on a
I reqular basis.I L2. Utilitv Easements Reserved. Declarant hereby reserves to itself, and
I its sucessors in interest, perpetual easements as recorded on the final plat ofI
the Mitchell Creek Project, fot the purpose of pedestrian use as well as con-
I sEructing, maintainingr operatingr replacing, enlarging and repairing electric,
I telephone, water, irrigation, sevrerr gasl and similar lines, pipes, wires,
T polesl ditches and conduits. The Declarant may convey or grant by licenser
I lease1 deed, lien, deed of trusts, mortgag€r or otherwj.se any right, t.itle orr
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interest in or to any and aII easemenEs and reservations contained within
documents of conveyance, these covenants or the plat of the Mitchell Creek
Subdivision to public utilities and governmental entities and agencies as may
be reasonably necessary to effect the developmental and residential intentions
as set forth in the plat and these covenants.
13. Space Heatinq. Electric space heating of structures will not be per-
mitted unless consenLed to by the Glenwood Springs Electric System. Natural
gas is available to the site. Iots I through 22 receive 100t of the sun
available in the Glenwood area and solar should be considered on these lots.
ARTICLE VI - RESTRICTIONS ON
RESIDENTIAL LOTS
1. Number and Location of Buildinqs. No buildings or structures shall
be placedr erected, alteredr oE permitted to remain on any residential lot
other t.han:
a) One detached single-family dwelling house with attached guarters for
servants or caretakers; and
b) One non-residential outbuilding which can be a garage.
2. Trees and Iandscapinq. No trees or bushes growing on any residential
lot shaIl be felled, nor shall any natural areas be cleared, or formal lawn
areas constructed, or landscaping performed on any residential tract lrithout
the pri.or written permission of the Design Control Committee.
3. Commercial Vehicles, Campersr or Trailers. No campers, recreational
vehiclesr boatsr trailers, cornmercial type vehicles or trucks shaII be stored
or parked on any Lot except in a closed garage, nor parked on any streetr road
or Common Area except while engaged in transport to or from a dwelling. For
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the purposes of this restrictionr a truck having a 3/4 ton manufacturerrs rated
capacity, commonly known as a pick-up truck, shall not be deemed to be a com-
mercial vehicle or a truck.
4. Open Space. AII open space area shown on the final plat will be
dedicated to the Home Otners Association and can be used as desired by the
Association for pedestrian traffic, snow storage, irrigation ditchesr and
utilities.
5. Easement at. I-Foot Setbacks. Where side yard setbacks are reduced to
1 foot, a l5-foot easement is reserved for construction and for nainEenance but
not for other uses or storage, on the adjacent property. An easement for use
of and for fencing of said l-foot setback is reserved for the adjacent prop-
erty. When the adjacent property's landscaping is disturbed by use of the
construction and maintenance easqment, it shall be the responsibitity of the
disturbing party to correct the disturbances. However, the owner of said
adjacent property shall not plant other than grass in this I5-foot easement
prior to construction on the adjacent lot or for a period of 5 years.
ARTICTE VII - ENE0RCET\'IEI{T
1. Enforcement Actions. The Design Control CommitEee shall have the
right Eo prosecute any act,ion to enforce the provisions of all of these cove-
nants by injunctive relief, on behalf of itself and all or Part of the owners
of lands within the l4itchell Creek Project. In addition, each owner of a lot
within the l"litchell Creek Project, including Mitchell Creek Home Owners Associ-
ation, shall have the right to prosecute any action for injunctive relief and
for damages by reason of any violation of these covenants. Any Iot owner
determined to be in violation of these covenants, conCitions and restrictions
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I by a court of appropriate jurisdiction, agrees to pay the reasonable attorneyslI
fees incurred by the person or entity bringing such action.
ARTICLE VIII - GENERAL PROVISIONS
1. Covenants to Run. AII of the covenants contained in Lhis instrument
I shall be a burden on the title to aII of the lands in the Mitchell CreekI
Project, and the benefits thereof sha1l inure to the ohrners of all of the lands
I tn an" Ilitchell Creek project, and the benefits and burdens of all said
I covenants shall run with the title to all of the lands in the t'lit.chell CreekIProject.
2. Termination of Covenants. The covenants contained in this instrument
shall terminate thirty years after Ehe date of execution of this instrumentr or
I at the time of final dissolution of the Colorado corporation not for profit
I known as Mitchell Creek Home Owners Association, whichever shall first occur.I These covenants may be amended by a vote of two-thirds of the votes entitled to
I be cast by the members of Mitchell Creek Home Owners Association at annual orI
special meetings thereofr said voLe to be cast at any meeting of the members
I duly held in accordance with the Articles of Incorporation and By-laws of
I t'litchell Creek Home Or*ners Association, provided a properly certified copy ofIthe resolution of amendment be placed on record in Garfield County, Colorado
I upon adoption.
3. Severabilitv. Should any parE or parts of these covenants be
I declared invalid or unenforceable by any court of cornpetent jurisdiction, such
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decision shall not affect the validity of the remaining covenants.
4. Paraqraph Headinqs. The paragraph headings in this instrument are
I for convenience only and shal1 not be construed to be a part of the covenants
contained herein.
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T IN WITNESS WHEREOF, Declarant, the owner in fee of alt of the lands
described and subdivided as the Mitchell Creek Project, has executed this
I insErument this - day of
--,
1982.
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I Jil":corpRADo l=".
I{IrcIIELL CREEK, LTD., a Co]orado
limited partnership
By l,litchell Creek Corporation, a Colorado
corporation, its General Partner
Harold G. Denton, President
By
lSubscribedandsworntobeforemethiS-dayof-,I 1982 by Harold G. Denton as President of Mitchell Creek Corpor"tior,, a Colorado
corporation, General Partner of Mitchell Creek, ttd., a Colorado limited
I partnershiP.I Witness my hand and official seal.
I My commission expires:
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Notary Public
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DESIGN @NTROL
rOR THE I{IrcI{ELL
GUIDELINES
CREEK PROJECT
I. INTRODUCTION
The l,litchell Creek project is designed to achieve a relationshiP where
man-made buildings exist within the landscape instead of dominating the land-
scape. The introduction of roads, utilities, buildings and other manmade
elements are made in such a way that they do not erase or destroy the natural
beauty of the land, its terrain, its vegetation or its mood.
II. DESIGN REVIEW
Under the provisions of Article IV of the Mitchell Creek Project Declara-
tion of Protective Covenantsr Conditions and Restrictions, a process of design
review has been estabtished to help guide proPerty owners and to provide
property ovrners with information when dealing with the requirements of each
site. The Design @ntrol Committee witl be made up of three persons (at least
one of which must, be an Architect). The covenants require only one submittal
and approval, but it is strongly recommended that a preliminary design confer-
ence be requested when preliminary plans are ready. This is early enough in
the project process to protect the owner from having to make expensive changes
when the final plans are completed and reviewed.
At this preliminary stage, drawings should be complete enough to give a
complete picture of all aspects of the design, but without the detail which
will be necessary in the final construclion drawings that will be reviewed for
final approval. At the preliminary review stage, submitted plans need be one
copy only and should show the conceptual design of:
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(1) the site with landscaping;
l2l floor plans;
(3) elevations showing the exterior materials, character and color of the
proposed struct.ure.
Drawings submitted for the final review should be in three copies and
include:
I (1) Site plan. Indicate proposed building footprintl roof drip lines,
property boundaries and easements, utility locations, existing
vegetation, existing and proposed contoursr areas of cut and fill,
drainager proposed roads, driveways, sidewalksr decks, and other
proposed improvement. Dra$/n at 1" = 20r or larger;
(21 Footing and Foundation P1an. Drawn at I/8" ot L/4" scalei
(3) Floor Plans. Drawn at 1,/8" ot L/4" scale. Include a1l room dimen-
sions, door and window locations, and sizes and locations of mechani-
I cal and electrical systems;
- (4) Elevations. Indicate the exterior appearance of all views labeled in
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"."orda* r,rith the site p1an. Heighth of chimneys as compared with
the ridge of the roof. Natural and finished grades for all eleva-
tions of aII views. Describe all exterior materials, color and
finishes (waIIsr roofsr trim, chimney, windows, doors, etc.);
(5) Buitding sections. Presented at l,/8" or l,/4" scale. Indicate
building wallsr floors, interior relationships, finished exterior
grades and oEher information to clearly describe the interior,/
exterior relationship of the building;
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(5) Details. provide design details to sufficiently rePresent the visual
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expression of the building. Bpose connections of material inter-
faces i
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Landscape Plan. Present at L/L6" ot L/8" scale; can be included with
the site plan drawing. Include site contours, plant materials with
size and condition, rock outcroppings, decks or patios, service
yardsr driveways, etc. Primary view and wind directions, all exist-
ing treesr proposed fences or walls with detailed description of the
construction, exterior lighting locations and coverage areasi
Specificatlons. Provide specificaEions and color boards for at least
the following items: exterior waIl materiaLs and colors, windows and
doors with colorsr exterior trim materials and colorsr fireplacer
exterior Iighting fixturer insulation and heat loss specifications
with supporting calculations.
Ttre approval process time wil} vary with the adeguacy of the design infor-
mation submitted, and the acceptability of the submiEted design. It should be
understoocl that inadequate information and/or inappropriateness can delay
review of a proposed design. Every attempt will be made to limit review time
for each submittal to two weeks.
A house is an important and expensive investment and the use of a profes-
sional design consultant is recommended to help insure a more satisfactory end
result. An owner may, however, attempt, his or her own design. If the design
reflects an acceptable house and the plans are completely executed, they will
be accepted. Most orrrners are not sophisticated designers or familiar enough
vrith the work involved to prepare plans and specifications in a form adequate
for review procedures and for permit issuance. If you elects to do your ovrn
design or retain non-professional services, you should anticipate providing a
high level of practicalr technical and aesthetic competence and iE is very
Iikely that review and approval will require considerably longer than if a
professional were involved.
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Orrners shall pay a fee equal to 5 cents per square foot of closed floor
area measured from outside walI to outside wall with the initial submittal of
plans to the Design Control Committee. Furt.herr at the time of approval of
buitding plans, Orners shall pay a deposit of $1r000 to the Design @ntrol
Conmittee which shall be held to assure that any damage done to roads, ease-
ments or common areas during construction of the lot ownerts improvements shall
be fully repaired and that landscaping is installed as shown on the approved
plans. Said $1r000 deposit shall be returned to the lot owner upon completion
of construction and landscaping, provided alI damages to roads, easements and
common areas have been suitably repaired.
Approval plans are kepE on filer and if changes or revisions are desiredr
there must be an additional submittal to the Design Control Committee for
further review and approval.
The Design Control Committee does not seek to restrict taste or individual
preferences, but to avoid harsh contrasts within the landscape and to encourage
careful design so that there is harmony bet.ween buildings and their site, and
among buildings themselves.
III. FITTING THE LANDSCAPE
Native shrubs and indigenous tree and ground cover contribute much to the
natural beauty of the lrtitchell Creek Project. These include cedar, pinion
pine, scrub oak and sagebrush on the hillsides to cottonwoods and grassy
meadows along the creek banks. These natural amenities are to be ret,ained
wherever possible. Clearing and/ot "benching" of a site will not be allowed.
It is expected that the design of the house will be tailored Lo the site, not
the site to the house.
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To help owners and their designers design houses that fit into the natural
Iandscape, the following recommendations are offered:
I. Preserve the natural ground cover as much as possible'
2. ProEect existing trees wherever possible'
3. Lay out leach fields and septic tanks where they are reguired with
the thought in mind that they disturb the ground cover as much as any
other structure.
4. Keep all landscape plans informal and simple in harmony with the
environment, using plant material indigenous to the site.
5. Grassy yard areas or cultivaEed garden areas should be restricted in
size and associated with the house.
IV. BUILDING DESIGN
It is the ability of structures to fit within the natural landscape rather
than their ability to demand attention Ehat makes them work. Structures
designed within this spirit will give unity to the development and will
intensify the experience of being in a place that is unigue and sensitive to
the natural beauty of the site.
Height. The maximum height for all structures is 20'. Ground shall be
considered to be natural grade or final grade, whichever is the more restric-
tive. Roofs which have a pitch of 5 in 12 or greater will have their maximum
height point considered to be halfway beth,een the ridgeline and the average
height of the eave. AlL roofs of less than a 5 in 12 pitch shall use the
ridgeline as the point for measuring maximum height. Flues and chimneys will
not be considered.
Roof Fbrms and Materials. When roofs project above Ehe site's natural
ground cover, they should be softened. Roof forms should not terminate with a
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ridge at a vertical wall, but shall counter
distance of four feet.
Redwood and cedar shingles are material
the site.
The use of sod roofs is encouraged, but
to obtain satisfactory results and to prevent
ing a major project. Sod roofs should always
ter rai n.
pit,ch from the ridge a minimum
that blend well as theY age with
requires special studY in methods
costs in maintenance from becom-
tie back into the natural
Metal roofs in colors that blend with the site are acceptable.
Tar and gravel roofs and other flat roofs are not allowed, excePt where
they comprise no more than 25$ of the total roof arear itnd where the roofrs
surface is not visible from neighboring properties.
Exterior Walls. The natural appearance of redwood or cedar boards seems
pargicularly appropriate. Stucco (or drivit/settef) in warm off-white colors
and native rock (not volcanic) should be expressive of mass rather than infill
panelsl generally the heavier masonry exposure. should be below and visually
supporting the lighter wood sheeting structural elements. D<posed concreter
preferrably textured and tinted with a warm tan or brown additive, will require
specific approval of the board.
Plywood, wood shakesr metal, brick, masonite and asbestos are examPles of
siding that is not generally accePtable.
Colors on exterior surfaces must be shades of gray or brown, with earth-
tone tints. lhe majority of the surface must be left natural or stained using
a semi-transparent stain. Only accen! and trims may use paint or opague
stains.
Windows. When allowed by the Uniform Building Code, windows in building
feet of one foot setbacks, shall be limited towalls parallel to and within 20
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a total of 12 square feet and no single window shall be larger than 6 square
I ieec nec opening.
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lletal window frames and screens are not accePtable unless they are colored
to blend.
Foundations. Each site owner is responsible for obtaining his own site
specific soils investigation, and foundations shall be designed by an architect
I o, nror""sional engineer to be consistent with soil tests for this specific
I siEe. Visually, exposed concrete and concrete masonry foundations should betstained or textured and will require specific approval of the board. It is
I preferred that exposed foundation walls be faced with rocked or material con-
sistent with other exterior walls of the building-II Insulation. Full thermal insulation is recommended for exterior walls,
I roofs and crawl spaces of aII buildings. A heat loss factor of 12 to 15 wattsI
per square foot is the recommended maximum. This represents approximately R-30
I for roofs and R-I9 for walls. Door and window weatherstripPing, thermal pane
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glazingr operable windowr.fireplace dampers and external combustion air
I intakesr door configuration that ensure the tightest sea1s2 and solar heating
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systems should be utilized. It is intended that all homes built in the
Mitchell Creek Project. be energy-efficient and,/or solar and it wiLl be required
t that this be demonstrated before final approval to build is given by the Design
- Control Committee.Ir Dri-vewaye. Consideration in locating driveways include: safety of access
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ao un*rom the main roadSr €ils€ of grade (a maximum grade of 12t), minimal
destruction of tree cover, minimal disturbance of land surface (grading).
I Driveway surfaces on Lotss 1 through 22 must be of hard surface. This hard
- surfacing should be accomplished within one year.I
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At least two parklng spaces screened from the view of neighboring proper-
ties are mandatory. Addit,ional off-street parking spaces are highly desirable
to accommodate guests as overnight on-street parking is not allowed.
Garage buildings are not a requirement if two screened parking spaces can
be accomplished otherwise. However, because of the snow climate of the
Mitchell Creek Project, a garage is recommended. Carports are not appropriate
to the climate and are not acceptable
On several of the uphill access sites (Iots 15-20) it is required that the
parking st,ructure or screened parking spaces be dropped into the hill side in
order to maintain reasonable driveway access.
Fencinq. Ftsncing should generally be limited in use only for areas
reguiring screeningr such as service yards, clothes drying areasl garbage and
trash areas, campers, trucksr trailers, boats, pet runs and private yard
areas. It should be solid and compatible with the dwelting. AtI fences shall
be of wood construction, stained or oiled, but not painted. Generally,
property line fences are not desired, and they will not be permitted without
the prior written approval of the board.
Animals. The keeping of ordinary household pets sha1l be allowed. Other
animals or poultry may be kepE only with the prior written permission of the
Design Cont,rol Committee. Areas of outdoor animal keeping must be approved by
the Design Oontrol Committee. All animals shall be kept under strict control
at all times and shall be kept on a leash and on the lot or^,ner's premises and
not be permiEted to run at large.
The Home Owners Association may enforce this provision of this ordinance
by whatever means may be legally available to it. In lieu of, or in addition
Eo other remedies, the Home O.rners Association may levy penalties against
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owners violating this ordinance as follows: First violation, fifty dollars
($50.00); second violationr one hundred dollars ($I00.00); third violation and
subsequent violations, five hundred dollars ($500. OO) . These fines may be
levied as special assessments against the lot owner's property to be collected
and enforced in the same manner as other assessments made under the authority
of the l"litchell Creek Home owners AssociaEion.
Dwelling House to be Constructed First. No garage or other outbuilding
shaIl be constructed on any residential lot until after commencement of con-
struction of the dwelling house on the same residential lot. All construction
and alteration work shall be prosecuted diligentlYr and each buildingr struc-
ture or improvement which is commenced on any residential lot shall be entirely
completed within eighteen (I8) months after commencement of construction.
I.rlwers and Antennae. No to\rers or radio or television antennae higher
than the highest roof tine of the dwelling house shaIl be erected on any
residential Iot, and all such towers and antennae musE be attached to the
dwelling house unless otherwise approved by the Design Control Committee in
writing.
Tanks. No elevated tanks of any kind shall be erected, placed or per-
mitted upon any residential lot unless otherwise approved by the Design @ntro1
@mmittee in writing. Any tank used in connection with any dwelling house or
other structure on any residential lot, including tanks for storage of gas,
fuel oil, gasoline, oil, or vrater, shall be buried, or if located above ground
the locaEion and screening shall be as determined by the Design Control Com-
mittee in writing.
Temporary Structures. No used or previously erected or temporary housel
structure, house trailer or non-permanent outbuilding shall ever be placed,
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erectsed, or allowed to remain on any residential lotr excePt during construc-
tion periods and except with written approval of the Design Control Committeer
no dwelling house shall be occupied in any manner prior to its completion'
Exterior Liqhtinq. No exterior light whose direct source is visible from
a neighboring property or which produces excessive glare to pedestrians or
vehicular traffic shall be installed. Indirect sources and horizontal cut-off
fixtures are recommended to reduce glare and provide general ambient Iight'
Use of other than white or Pate white exterior lights will require specific
approval of the board.
WeIIs. WeIIs and other domestic independent water systems are prohibited
in the Mitchell Creek Project.
sewaqe Disposal. Lots 10 through t4 may be required to provide inde-
pendent sewage pumps to raise effluent to the main level. This will be a cost
and responsibility of the individual lot owner.
Utilities. A1I secondary utility extensions (from trunk lines to indi-
vidual structures) must be underground. Locations of all utilitsy malns wiII be
provided. ConnecEions and on-site lines must be indicated on the sitse plan.
Solar. The use of passive solar and/or energy-efficient designs are
encouralted for aII structures in the Mitchell Creek Project. Ipts I through 22
have adeguate solar access to consider use of solar gain, and the climate
a}Iows a high return in costs invested when compared to many areas of the
country. Proper window location and size will allow for deep winter sun
penetration into the house. The winter sun is at an angle of 28 degrees on
December 21 at. noon. Proper overhangs at south faeing windows will eliminate
summer sun penetration into the house. The surnmer sun is at an angle of 74
degrees on June 21 at noon.
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When designing the plan for a residence, the following considerations for
room arrangement should be considered.
(1) The south side of the building is a good location for living, family
. and dining rooms i
l2l Locate rooms used least on the north to form a buffer to winds and
cold;
(3) Bathrooms and other 'warm' rooms should be located toward the center
of Ehe house;
(4) Cluster building spaces tightly to minimize the perimeter surface
area i
(S) Building openings should be designed to minimize heat loss. Tight
door seals and/or air-lock door arrangements can prevent Iarge air
exchanges and reduce heat loss due to infiltration'
The use of mass within a building is very important for the storage of
heat. Massive materials can be used most effectively to moderate interior tem-
peratures if placed within the structure rather than outside of the structure'
y. LANpSCAPE
In order to maintain the natural beauty of the Mitchell Creek Project
Iandscape, use of native plants and materials is strongly encouraged. The use
of exotic plants foreign to the area except those proven over time as viable
and appropriate (i.e., the lilac) is not permitted. Scale and overall design
should be such that one senses the vegetation was integraEed vJith the natural
landscape rather than conErasting or imposing.
Builcting sites sloping in an excess of 25 percent shall be limited to a
maximum of 11 000 sguare feet of irrigated area and this area shall be contig-
uous to structures on the site.
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Ptanting out.side of the defined irrigated areas shall be limited to native
species compatible Eo the immediate surrounding flat community (example: asPen
and spruce should not be introduced on sagebrush and grass hillsides outside of
the defined immediate irrigated area).
Irrigated landscape area should be defined from native vegetation areas by
timber, stone or edging elements.
The maximum grade for a cut or fill sLope in severe circumstances shall be
I L/2r horizontal to Ir vertical. The preferred maximum slope for areas of cut
and fiII where revegetation is necessary is 2'horizontal to I'vertical.
The maximum slope lengths of severe cuE or fiII sball be 20 r.
Slope rounding creates a more natural appearing slope configuration and
promotes rapid revegetation at the fringe of disturbed areas. Do not use a
sharp ttengineered" cut slope.
A11 topsoil should be salvaged from disLurbed areas and respread prior to
revegetation. Where possible, existing sagebrush and grasses should be incor-
porated rrrith stripped and respread topsoil.
The visible heighth of retaining walls should be limited to 6r. When
retaining walls are required in a heighth exceeding the maximum of 5rr multiPle
structures should be stepped back to create planting terraces.
Slopes to be revegetated with dry land species should be scarified, Ieav-
ing an irregular surface to promote the maximum moisture retention and to
create micro-environments more conducive to seed germination and Plant growth.
Scarification eguipment marks should run parallel with the slope contours.
Concentrations, snow melt and storm water runoff from impervious surfaces
such as driveways, patios and roofs should be avoided. Patio surfaces such as
brick, flagstone or concrete pavers over a gravel and sand bed, will disperse
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run-off rather than concentrate it. GraveI driveways or grass crete parking
I areas will also minimize concentrated run-off and lessen the possibility of
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localized erosion.
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P.u.o. curcx usr
,.\ Ownership Statement. n".-[
II. X P.U.D. Plan:
\ Maximum No. D.U. r,rithin overall area.
X Acreage devoted to open-space.
X. Type of uses and acreage of each use.
X Major internal circulation system.
Acreage dedicated for schools.
nced
X
IV.
V.
X
land uses.
, existing
, ditches,
zoning.
z^(too yur. )\---lX
Xx
S m:"::,-il:J*li,';;5r::'il;"!li;.". (L&ro Soc is r,.e7 "-" :*i)
X Water-X-s"rer\-r-l.A
\--------Storm drainage occd mcre ttto
X Natural hazards
Access easements showing legal
Evidence P.U.D. is designed in
wi1dlife, natural vegetation,
features.
Off-street parking provisions #_
Provision for pedestrian and bicycle traffic.
Provision for variety of housing types, densities and open-space.
Provision for privacy between units.
X
access.
accord to natural sit.e,
unique natural and historical
VIII. K
rx. \
x.K
rI.x
V7F General nature and location of Industrial and Cormnercial uses.
X Provision for water, sewer, telephone, electricity, 8&s, and
cable television.
Designation of zone district uses and liruitations.
Covenants or additional restrictions.
III. ,\ Regional location map including connecting roadrvays, public faciliti-es,
comrercial and cultural facilities and surrounding
Site Map - boundaries, acreage, existing structures
intervals, vegetation, streams, rivers
ne*,{ /ooyr',
W. \ Legal descriptlon of area in P.U.D.
WI. X Wrirren Statement:
P.U.D. objectives.
Development schedule
Site topt -5'ood leve
Cournents:
Project Sr:mmary and PUD Check Lis t
/1&W/?D,*".
/C. sos
D. 2? s.T,QkP.U.D. Name
Applicant Name and Address
Property Owner and Addres
P.o.
Location
+n^*U C*rr{,
23,2
e.."""G Rp /3oo /3g-
Acreage +A .O 8 a<ztla.Swll sv \ ,Vr*s.i Sec 3? 7ss RslvProj ect
Proposed
Exis ting
Zoni @Joa- 9.o*, R SD
No,rn A/VRD , E'l,ft'VS
souat R/ Lf oD
East R / t-/rsO
wesr R/L/so
sourh lM ilffi In^//, R ^C,*0
Zoning:
Existing Land Uses:North
Uti lities :
Sewer2 A**xM
Other
'n.#"/1 ,\^.,e /r*r// t* p.,,** Y-*C-J-^/*Wf.r-ft,\* 9"r-,ls lo "/+- ano?
/;// /"- 0a-
Ln -2a".!f efr.
East
w"rrN.Ul . @
PROJECT SUMMARY:
- 4, * lrke )" 1"1 ^roposraphy.l4 ^@ur/d- re *,fr * o,lt,rr;^v
,?"t^r; ^
-/.* Drlo-.v'rYtft,U/ er*./-# ffii;q^;W ;-;sq" ilw ,-",*-'*fio*"t lb
veseration, *ffiy*la^aALA,.
^:Ma;:rult''wffi* @qnna,a,,i^t*.
orher: d,J -.o^4,/ 0"^ E ry* r*4 4 0^ /"ffi#"",* * /vz,;*'- Afr^ 60^"*^fU,,JI
fi,bLll 0r*,
>\ AtuJr^e- 0^,;#,2 e4 y .@i /Aq
W A4,v\-#f,iru
Courpliance with the Comprehenslve Plan:
Management District:
Fire: @A/r*9W "-*A*re
Counry Services Impact:
Roads:
Police, 4/.rw1 }fi
schools , Ru -1-
Other:
,g
ib(*-
',,',".,,, .'aP Unit t'lo. 1l+5m
SOIL CHARACTERISTICS
' Depth to bedrock
Texture
Surfaee
' Subsoil.
Substratum
Unified ClassificaLion
Permeability
Pereent coarse fragments(greater than 3 inches)
Salinity (rcxloi e z5oc)
pH (surfaee)
Shrink-swelI Potential
PotenLial frost-action (surface)
Flood Hazard
Hydrologic Group
,
Sewage Lagoons
Sanitary Landfill Trench
Area
Shallow Excavaticns
Dwellings' w,/basements
w/0 basemenLs
/*._.DEGHEE & KIND OF, LIMTTATTONS
l: (0 is Slight., M is Moclerate, S is
Septie Tank AbsorpL5-on Fj_elds
More than 50 inches
Cla.y 1o;:.ru
Clay 1oaml clay
Loara, clay loan
MLr CL, CH,i CI-ML
Slow
o-5
7 ..9-8.)1
Mod.erate to high
Mod.erate
None
C
High
Low
Severe )
a
S
D
Ivl
S
S
S
D
Peres slowly
Slope
Too clayey
Slope
Too clayey
Shrink-swe1l,
Shrink-swe11,
Shri-nk-swelI,
1ow strength
1ow strength
low strengthLocaI* Foads & Streets
SUITABILITY AS A SOURCE OF...
Dal}.y Cover for Landfill
Roadfill
Sand
. GraveI
Topsoll
Fair, too clayey, slope
Poor, shrink-swell, 1ow strerrgth
Unsuited.
Unsuited.
tr'air, thin 1ayer, slope
, .f
K,,'
CHANGE.SUBJECT TO NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION
1l+6}E-Ilold.erness Variant clay loarl, L to 2l perrcent slopes. fhis
deepr well d"rained., mod.erately sloping to hi1ly soi] is on arluvial
. farts a,nd. valley sideslopes. ft forued" in fineu textured, sediments from
shale and sand.stone. Blevation raflges from 6,500 to l 'SOO
feet. The
average armual precipitation is about IJ incires, the avera€e annual
air temperature is about L3 d.egrees F., and the average frost-free period
is a.bout 95 days.
Typically, the surface layer is grayish broun clay loa.m about 11
inches thick. The subsoil is grayish brown or light brovrnish gray clay
about [1 inches thick. The substratum is light brownish gray calcareous
clay loa.u that extend$ to;r ck:1:t)'r o{'rrrorc l;Lau 60Jrrchos.
_ fncl-ud.ed. with this soit in napping are small areas of Do1l-ard. a"nd.
Ta,::na soi1s. These soils make up about ! to tO percent of the r:lit arrd.
have slopes of more than 2l percent.
Permeability of the Holderness soil- is slow. Effective rooting d"epth
is 50 inches. Available waler capacity is high. Surface rlnoff is medium
and. erosion hazard. is slight.
., ffhis soir is used. mainly for l-ivestock grazing, with some smar-l
areas of irrigated. pasture and hay.
tr"Iood-ing is the usual r:rethod. of irrigation. fhls soil is easily
compacted. by machinery or livestock. It takes water slowly.
fhe natlve v(r[ctrntion ,;rr t]r.i s lroil. i$ rrr;r ilrly wr.str.:r'rr w]rcati-;r'asr,t,
Letterman need.legrass, mules;ear, a.nd big sagebmsh.
l
li+5DE-Holderness Yariant clay 1oa.m 2
!'lhen the range condition d.eteriorates, forbs arrd woody shrubs
inerease. lrJhen the range is in poor condition, rxrd.esirable weeds
and arunual pIa.r:ts are numerous. Proper grazing mana€eqent maintains
and improves d.eteriorated rarge condition. RJauction i-n brush improves
deteriorated. rarrge sites. Seed.ing is ad.visabfe on slopes less than
1! percent if the ramge is in poor cond.ition. Suitabl-e plants for
seed,ing are western wheatgrass, pubescent wheatgrass, and. big blue-
grass. tr'or successful seecli.rigs it is a 6ood practice to prepare a
seedbed. and drill the seed..
Some of the wil-dlife that use thi-s soil for habitat are mul-e d.eer,
cottontail rabbit, and. gray squirrel.
ftleis soil has limitations for conrmunity development and source
materi-aI. High clay percentage and shrink-swell-, low strength, and
steep slopes are the raain factors limiting d.evelopment. Road a.nd.
dwelling designs must provide for good. drainage to rninimize the effects
of shrink-swell and soil slumping. Capability subclass fVe; VIe d.ry1and..
Dr eP
b.
tion test and upon design criteria and construction
standards for such type of absorption system as set
forth in these guidel ines.
UnIess designed by a registered professionEl' engineer
and approu"a Uy ti'," I oca I boa rd of hea I th,'t no such
system may be permitted in areas .-under any of the
fol lowing conditions:
(l) Where the soi I percolation rate is slower than
one inch in sixty minutes or faster than one inch
in five minutes except that a percolation rate
faster than one inch in f i.ve minutes in soils
of sandy texture shall be permitted' or the per-
colation may be slowed by soi I treatment'
(z)llhere the maximum seasonal level of the ground-
water table is less than four feet below the
bottom of the proposed absorption system'
Where bedrock exists less than four feet below
the bottom of the proposed absorption system'
\'lhere the ground slope is in excess of thi rty
pe rcen t .
(r)
(4)
Soil build
br i ng the
soil -
ing or replacement will be permitted to
roit within the requirements of suitable
Absorption Area: The minimum absorption area in
square feet (n) for an individual se\^/age disposal
system shalI be determined as a function of the
estimated quantity of ser^Jage f low in gal lons per day
(0 and the Percolation rate
in minutes per inch (t), ac-
cord i ng to the formu I a:
d.
I health departnent
health for such
ix
Except that such
if authorized bY
systems treat i ng
approval maY be given bY the loca
regulations of the local board of
excl us i velY domest i c it'astes'
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TABLT Or hlXltsuh hcnli0x-rAL DlilAxCtS ll
fttl DtTVttx co6Poxtrlrs of A stv^gt otSP0sAL SYSTtX
lxslAttto AfTtt ti0vttxEtl 15, 197], ^rtO PiRIlitxI txYSlcAL rt Aluitt
Dlrpcrrrl Syrtca
Url I lring Acrotol x"thodf
Scrprgc Pll
Jrcnch
Ab5orf-r ion t r cnch, 5ctf,a9c
Bcd. S:^d flltcr. or 5ub-
turf.(t Oltpcrttl SYrtrn
Unllncd Sand Illtcr ln
Soll vlth r Pcrcolrilon
R.tc Sl@c. th.^ 60
Xlnutct pcr lnch
Unlincd o. P.rtirllY Lincd
Iv.potr.n!pl r.t lon SYt Icar
v)ltc!atar Pond. or Surfrcc
D i rporr I Syr tcn 0th.r th'n
A€ roso I
Ll,'cd Sand flltcr
L lncd Irapotr:n:Pl rrr ion
fltld or Ll^.d V.!t.*.1.r
Pond
Privy or
V.ult
Scptic T.nLt, T.c.trnt
Plenr:, Dorlng TanLr or
t fflucnt Llncr
8ul lding Screr
o
J-cc
t>
)-
o.O
d,
,
:
o
-o
>
eao-
c
=o
,
c
t
=
a4
>-
xOTt: Thc nlnlmum dlrlroccr shwn rbovc rhrll bc rulntrlncd b'tEc'n lhc tttlc'
cohponcnlt rnd the phyrlcrl fc.lurtt dtrcrlbed' v}'ttG toll, gtologlcrl.o/.oth'r
<ondltlonr r..r.nt. gr.rlcr dlllrnccr ruy bc rcqul..d bY ik locrl tcrrd ol hcrlrh
o. bi tl'c Vrtrr Qurllly Cmtrol Cmlrrlon Purtu'nt to.C't't' l97ll ?5-E-?06 ln
...o.d.nc. -lth thc.uthorlty grcrcrlbcd by Irr rnd rulrt rnd rtgutrtlonl l'plc<ntrl
ol ttld rcctlm. For rcptlr'or upgrtdl^9 of ctlrrl"g tYttdt vh'r' th' rlrr ol lol
prrcludtt rdhcrc^c: to th'1c dlltrnccr. rcptlrcd feclllty rh'll rct b' Glot" to
retrr rupply cr9oh.6tt tl,rn thc txlrtlng frcllltlrr.
. Cr?o^cntr :filch err rct r.tcr t lght ttould rct rrlc^d lnto trt'r o[ thr ret
ryrtcr of o..rb, lre.t. Dlrrr^cc rl,6:hrtl rct rpply tg lrr'lEnl Plt^!l ot
rlflucnt llncr vt'orr rccycllng ll pcmlttcd.
,. Crorrlngr '.y bc p.r'lrt:d *crc pipctlncr 'r' conttruct'd of rulllclcnt ttrG^9th
to cont.ln fler undcr P'cttura.
r.t fdd E lcct rddltionrl dlrrrncc for crch IOO grtlonr ger dty of dcrlgn flx
ovcr 1000 grllonr Pcr drY._22_
THE MITCHELL CREEK PROJECTP.U.D. DISTRICT REGULATION
Uges, gy Right:
single-family-dwelIing and customary accessory uses, includj-ngbuildings for shelter or enclosure of aiimals or iroperty accessoiyto use of the 1ot for single-family residential prrp6="s and fencei,hedges, gardens, wa1ls and si-miIar landscaping flatirres; park.
Uses, Conditional:
None
Uses, Special:
None
Minimum Lot Area:
Lots as shown on the final plat.
Maximum Lot Coverage:
50 percent on Lots 1 through 22i 20 percent on Lots 23 through 29
Minimum Setback:
As shown on the p1at.
Maximum Height of Buildings:
20 feet.
Maximum Floor Area Ratio:
.35/1.0 and as further provided underRegulations.
Additional Requj-rements :
Supplementary Zoning
Al-I uses shall be subject to the provisions und.er Section 5(Garfield county Zoning Resorution, Supplementary Regurations) .
I ALTA Owner'r Policy - Form B - Amemded lO-17.7O
.^=-.=w.-^.!..-^.t.u!...^.....,....-...t....1.......t.'l-ni,O;ii7$=H-;3;i.z,.++F,tsF.->it'.?g?-+i.+ii_i:.:
irr,"-*T' : ;' -'
l.- J POLICY OF TITLE INSUBANCE ISSUED BY. 7'!
'.1:.:.7 :.'r-' --a't
:----:-ll--i-,:l
:-:f'ij
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<l {r
ll ,)ni,l'irl.. /.\ir
ii;**..fi
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, ST]EWA.R.'[ 'IITLE
GUARANTY CO}IPANY
( rr.lli'1.)+ SUBJECT To rHE EXCLUSToNS FRoM covERAGE, THE EXCEploNs coNTAINED tN ScHEDULE B AND ,: .1:l
i';il, THE pRovrsroNs oF THE coNDtrtoNS AND srrpuLATroNS HEREoF, sTEWART TtrLE GUARANTY i :i
i:ri:. COMPANY, a corporation of Galveston. Texas, herein called the Company, insures, as of Date of Policy shown in , j.,.1
i;i1.1 ' Schedule A, against loss or damage, not exceeding the amount of insurance slated in Schedule A, and costs, attorneys' . J
iiiF fees and expenseswhich the Company may become obligated lo pay hereunder, sustained or incurred by the insured by ' ,\":
ii$,, reason of: ,. , i
< r$:.
*ii.):, l. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; r .ili.):, l. Title to the estate or interest described in Schedute A being vested otherwise than as stated therein; r .i
r*.'i " )
ii.)r, 2. Any defect in or lien or encumbrance on such title; i: .. :liYr.
' j.)'rl 3. Lack of a right of access to and f rom the land; or i . ;ir
'i,I-, 4. Unmarketability of such title i, .. :l
i,t: : D
;',),r lN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its i .:
'j.,,.., duly authorized officers as of Date of Policy shown in Schedule A. i :
1l'q 1l l(,i,ii,l'):, t . i
:i'ilr
- -/ "::ii,i;'!nu i '' Iliil ffi'".
i,ic'i.rru
rq''1" A..rh^.,,-da^,,^r? : /," Authorrzed Counlersrgnalurg-
" r.1 .,., i ! -'i,'., 'd,J l---a l.t { t6," !
'."1IJY, EXcLUSIoNS FRoM cOVERAGE . i
.:;tlj{ L'\vLev'v'rv ' rrv,r vv i ' '.
(Fr.'. i ,
J,-(r tr :
*l.I"i Thefollowingmattersareexpresslyexcludedfromthecoverageof thispolicy: r..,.1
jtitl 1. Any law, ordinance or governmental regulation (including bur not limited lo building and zoning ordinances) restricting or regulating or l' '.
;;f l'il prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or localion of any improvement now or t', , ;
il...tiohereaftererectedontheland,orprohibitingaseparationinownershiporareductionin1hedimensionsorareaoltheland,ortheeffect
i,:'lll of any violation of any such law, ordinance o, gor.rn-"ntal regulation. )
:: ilis 2. Rights of eminent domain or governmental rights of police power unless notice of lhe exercise of zuch rights appears in the pubtic I .;
.( '; ,:j records at Oate of Policy. i.'.,ii'.'1;'t 3 Delecrs liens encumhrances adversc claims or other malters (a) created. suffered- assumed or aoreed to bv the insured claimant. (bl not l; ,
tl r ).i, ,. .r. -.i,',1i 3. Defecrs, liens, encumbrances, adverse claims, or other malters (a) created, suffered, assumed or agreed to by the insured claimant, (bl not ll ,.j
.; i.f _,r known to the Company and not shown by the public records but known to the insured claimant either at Dare of Policy or at the date r .....
'f ;l]i: such claimant acquired an estate or inlerest insured by this policy and not disclosed in writing by the insured claimant to the Company I ' i
li;i.irr prior ro the dare such insured claimant became an insured hereunder; (cl resulling in no loss or damage to the insured claimant; (dl l:: ::
.1 ', i atraching or created subsequent to Dale oI Policy; o, (el resulling in loss or damage wtrich would nol have been sustained if the insured , : ,
i l :'t .Lri-"nitr"o paid value for rhe eslate or interest insured by this policy. f. i- c' tr:- 'l--' e..!irI ::idi
oor B
t
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including. but not limited to, heirs, dis-
tributees, devisees, survivors. personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(cl "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(dl "land": the land described, specifically or by
reference in Schedule A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage. deed of trust, trust deed, or
other security instrument.
(fl "public records": those records which by law
impart constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CON.
VEYANCE OF TITLE
The coverage of this policy shallcontinue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty madeby such insured in any transfer or conveyance of strch
estate or interest; provided. however, this policy shall not
conlinue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3. DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that suchlitigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by thiipolicy.
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or
defense is interposed as set forth in (a) above, (ii) in case
-knowledge shall come to an insured hereunder of any claim'of title or interest which is adverse to the title to the estate
CONDIT! ONS AND STIPU LATION-
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iiil if title to the estate or interest, as insured, is
rejected as unmarketable. lf such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or malters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
,failure and then only to the extent of such prejudice.
(cl The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action or
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company rnay take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall haue brought any
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such litigation to f inal determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) ln all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the inzured hereunder shall secure
to the Company the right to so prosecute or prwide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use,.at its option, the
name of such insured for such purpose. Whensyer requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such inslred for any expense so
incurred.
4. NOTICE OF LOSS _ LTMITATION OF ACTION
ln addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminare any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the name of an inzured claimant any claim
insured against or to terminate all liability and obligations
of the Company hereunder by paying or tendering payment
of the amount of inzurance under this policy together with
any costs, attorneys' fees and expenses incurred up to the
time of such payment or tender of payment, by the insured
claimant and authorized by the Company.
(continued and concluded on last page of this policy)
ALTA OWNER'S POLICY - AmenrEr t7/7O
Order No.: 9513-G
Date of Policy:OCTOBER 23, l98I
I . Name of I nsu red:
SC H E D U L E A
AT 3:00 0'CL0CK P.M.
Policy No.: 0-495024
Amount of lnsurance: $375,000. 00
MITCHELL CREEK LTD., A LIMITED PARTNERSHIP
r interest in the land described herein and which is covered by this policy is:
The estate or interest referred to herein is at Date of Policy vested in:
MITCHELL CREEK LTD., A LIMITED PARTNERSHIP
4. The land referred to in this policy is described as follows:
SEE LEGAL ON PAGE 2A
STE\I'AIT'f 'I'I1'LI'
OUAR NTI COTIP }IYcooE oot2
Page2
r\u. yS lJ-u
Conlrnualion Form 2O3.A-T
Attached to and made a part of Stewart Title Guaranty Company Policy No.
Continuation of Schedule A
N. 40'.l0'24" W. 98.3.l feet to point No.
N. 54"43'24" W. 119.78 feet to point No.
N. 66'58'.l9" 1,,. 65.05 feet to point No.
N. 20'2' 39" t^l. 107.7'l feet to point No.
N. 44"55'39" W. 108.71 feet to point No.
N. 7?'49'59" t,l. 72.64 feet to point No.
N. 6210'54" t.l. 57.11 feet to point No.
N. 40'00'00" W. 225.00 feet;
N. l3'00'32" W. 249.61 feet to point No.
N. 18'12'27" E. 108.45 feet to point No.
N. ll'43'43" l.l. 74.45 feet to point No.
N. 16'09'57" E. 63.68 feet to point No.
N. 09'?5'53" t^l. 47.44 feet to point No.
N. 22'32'07" E. 172.7'l feet to point No.
N. 36"44'57" E. .l01.53 feet to point No.
N. 14'48'57" E. .l30.75 feet to point No.
N. 18'0l'I7" E. 144.29 feet to point No.
N. 63'44'57" E. 1'15.45 feet to point No.
N. 18"29''17" E. ?01.75 feet to point No.
N. 03'55'03" t,J. 165.?7 feet to point No.
N. 03'01 '47" E. 133.95 feet to po'int No.
N. 04' 38' 47" E. 86 . 31 f eet to po'i nt No.
N. 13'02'23" E. .16.l.08 feet to point No.
N. 23'03'15" E. 12.I.30 feet to point No.
N. 03'15'.l5" E. 58.53 feet to point No.
N. 2?'35'35" E. 59.62 feet to a point on
Section 34;
thence N. 89'45'35" E.4?9.26 feet along the said North l'ine to
No. 50 on the East line of the W%SWL of said Section 34;
thence S. 0l'08'57" E.2609.98 feet along the East line of the
Section 34 to the Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
0-495024
A
5
tract of land'located in the Sl,it%Sl^l% and the NI,lkSWk of Section 34, Township
South, Range 89 West,6th P.M., more particu'larly described as follows:
Beginning at a point with an iron pipe with cap L.S. No. 12170 from whence
the SI^l corner of said Section 34 bears S. 88'35'17" l^l. 1313.989 feet;
thence S. 89"41'32" I^l. 339.81 feet along an existing fence line to a point on
the East bank of Mitchell Creek be'ing point No. 48;
thence a'long the Easter'ly bank of Mitchell Creek the following bearings and
di stances :
47;
46;
45;
44;
43;
42;
4l;
37i
36;
35;
34;
s3;
32i
3I;
30;
?9i
28;
27,
?6;
25:'
24i
23:,
22i
21,
the North line of the N[^J%S[.JL of said
a point being
Wr2SWr4 of said
SA'E\VA ITT TITLE
oul RAxtr coxPr't{Y
eae 2A
N0.9st3_G
ALTA OWNEB'S POLTCY-Moddie 1/73
.t
SCHEDULE B
Policy No.: O_4,5OZ4
This policy does not insure against loss or damage by reason of the following:
1. Rights orclairns of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which acorrect survey and inspection of the premises would disclose and which are not shown by thepublic records.
4' Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Taxes for the year lg8l and thereafter.
6' The effect of inclusion in-any general or specific water conservancy, fireprotection, soil conservat'ion oi other aistrict or inciusion in any"waterservice or street improvement area.
7- Right of the proprietor of a vein or lode to extract and remove his oretherefrom, should the same be found to penetrate or intersect the premiseshereby granted as reserved in United States Patent recorded June lb, 1gg?,in Book 12 at page l72 as Reception No. .14.164.
8. Rjghts of way for the following ditches, insofar as subject property may beaffected:a) The Cooper and Mitchell Ditch, as shown by Map and Statement recorded June. l'1, 1883, in Book 7 at page 45.b) The Reynolds and Cain Ditih, as shown by Map and Statement recorded January17, IBB4, in Book 7 at page 135.c) The Nott No- I and Nott N6. 2 Ditches, as shown by Map and Statement re-corded September 30, lg9O, as Document No. 10790.d) The Nott No. 2 and Gi'lmore Ditches, as shown by certified copy of decreerecorded January 19, .1994, in Book 39 at eage OZ.e) The Reynolds and Cain Ditch No.8, as shown by certified copy of Decreerecorded February 3, 1940, in Book .l95 at Rage +]4, and the'-Oitches des-cribed in Deed from Chester T. Earnest and GIadys farnest to Allan A.Bowles and Joyce M. Bowles recorded November 1,- lglg in Book 53g at page
912 as Reception No. 299165.
9' Terms, conditions and affect of Water Service Agreements between the Cityof Glenwood and West Glenwood Springs Water Dislrict recorded September-"10, 1958 in Book 1]l ut l^g" ?91 as Reception No. 202896 una
"u.orJea-ieptemOer13' ]978 in Book 515 at Page 4lB as Reception No. zgg4zl.
l0- Terms, conditions and affect of Reso'lution No. 80-253 by the Board of Countyconnnissioners, Garfield county recorded October zg, 1gs-0 in Book 558 atPage 745 as Reception No. 308820.
11. Right of way for the uninterrupted f'row of Mitchell creek.
12- Mortgage Deed from Allan A. Bow'le1 gnd Joyce M. Bowles to Chester T. Earnest andG'lady.s Earnest in the amount of $350,000.00, dated November I, lgzg,-recoraeaNovember 1, 1919 in Book 538 at page 913 as Reception No. 299166
CONTINUED ON PAGE 3 A
P"S" 3
s'f E\l'Aft,r'rI,rLE
ou"^Rr.NrY coltP,.xy
IIU. :,J I J-UConlinualion Form 2O3.A-T
:
Attached to and made a parl ol stewart Title Guaranty company policy No.
Continuation of Schedule g
0-495024
.l3.
Modification and Subordination Agreement, recorded October 23, l98l in Book 584at Page 20? as Reception No. 3206?4, given in connection with the above Mortgage
Deed.
Deed of Trust from Mitchell Creek, Ltd., a Colorado Limited Partnership tothe Public Trustee of Garfield County for the use of Allan A. Bowles and Joyce M.Bowles to secure $225,000.00, dated bctober 22, l9gl, recorded October ZS, iggtin Book 584 at Page 216 as Reception No. 320627.
Subordination Agreement recorded 0ctober Zi, l9Bl, in Book 584 at Page 226 asReception No. 320629, given in connection with the above Deed of Truit.
Deed of Trust from Mitchell Creek, Ltd., a Colorado Limited Partnership tothe Public Trustee of Garfield County for the use of First Bank of Eagie Countyto secure $65,000.00, dated 0ctober .l9, l9gl, recorded 0ctober 23, l96l in
Book 584 at Page 222 as Reception No. 320628.
S1'E\VAItT TITLE
OU^ RAIIT' COIPT NY
.l4.
Page 3 A
)NDITIONS AND STIPULATIONS Contin
(conrrnued and concluded from reverse side of Policy Facel
6. DETERMINATION AND PAYMENT OF LOSS
(al The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amounl of insurance stated in Schedule A.
(b) The Company will pay. in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs. attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LlABILITY
No claim shall arise or be maintainable under this
policy (a) if rhe Company. after having received nolice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABIL]TY
All payments under this policy, except payments made
for costs, attorneys' lees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABlLITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such morlgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
lf the land described in Schedule A consists of two or
more parcels which are not used as a single site. and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only tf Schedules A and B are Attached-
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive ol any improvements made
subsequent to Date of Policy. unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
.I1. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant
The Company shall be subrogated to and be entitled to all
rights and remedies which zuch insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, sr-rch insured claimant shall transfer to the
Company all rights and remedies againsl any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. lf the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. lf loss
should result from any act of such insured claimant. such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part ofany losses.
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be resiricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President. a Vice President, the
Secretary, an Assistant Secretary. or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77001.
14. The premium specified in Schedule A is the entire
charge for acceptance of risk. lt includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
s 'I' E \1"t Il'I.'l'I 'l' L L
GUAR TiTY COMI'TN}
RE: I',Iitchell Creek Project,
STATEMHVI OF ONSM{I
Glenwood Springs, Colorado
property owners and aII lien holders on
acknowledge the request for subdivision
submitted plan for said subdivision and
MOPERTY OVINER:
LIEN TIOIIDERS:
(?U-.-, O. 'fr.*,u4..
A-l-Ian A. Bowles
the
and
rezon-
Secretary
IVTITCFIELL CREH(, LTD., a CoIoTadO
nton, President
Chester T. Earnest
STA'I'E U!' UULU}IAIJL,
COUNTY OF EAGLE
I
)ss
)
CERTIFICATE OF
ASS' ED OR TRADE NA}IE
I'lIDWAY MANAGEMENT CORPORATION
.",p;;;ii;;; ;;;;; ;;.;;;; ;; u"""'ii'; #;':#taili :t;;;; ;;";';';;;;'J ""?"':::
. narne as permitled by 141-2-f , Cofoi"ao R"itr"a Sbtut'es 1963, hereby cirli6es:
r. riu corporate narre and Jocation of {he principal office of said corporation is:
uidway l,tanagement corporation , 232 Broadway, P.o. Box 1020r'
Eag1e, Colorado 81631
2- The narrle, other than its o\vn corporate name, under rshich such business is carried on is:*
t'-' I"IITCHELL CREEK CORPORATION(
.- 3- A brief description of the kind of br-,iir,"r, trar)sacted and to be transacl'ed under such assumed
or trade name is:
To act as manager for the subdivision and development of
certain real pioperty located in Garfield County, Colorado'
lN wlrNESS WHEREOF, The undcrsigned President and secretaSr of said corporation, have
thisdayexecutedthisCertificate...................9ep.t.eFb.e.r..:.
MANAGEMENT C
ati
Presid ent
orado cor
.A-oy s-ssumedt o^roe ro gscd by rl;l .rr.! irpo-tion rhrll
.oit^i o o nc of tJ: t s or & "corporr ti ou'-' "i ncorporr t'ed.-
"timitcd,- or one of tle rbbrtrietioru "Corp--. "Inc-- or
."Ltd."
^',,.b-ic, LM- -
David L. Kurrkel, Secretar5l
subscribed and sworn to before me rjris..-.1-g.!-.--.d"y or-------9-9P!g-ryhgr--- -r 19---q--1---- -
My co m missi op e xpiro - " "11e y' - -L't - "1 9'9'5- " "' - -' - - " - l' -
sUB,.ttT THE ORIGTNAL TYPED FOR}{ OXLY'
Filiol tct tIO-OO
a
IIIIIGIELL CREH( PRO]ESI
ADJAGNT PROPERTT OVTNERS
Jephithah J. & Naomi Spink #2119-343-003
05b0 r'Ountain Shadows Drive #21f9-343-004
Glenwood Springs, O 8160I #2119-343-014
# 21r9-343-rB-00r
*2U9-343-rB-002
*2L19-343-18-004
* 2119-343-18-00s
# 21r9-343-r8-006
Tom H. & I'4arjorie C. Bnrnons #2119-343-005
P.O. Box 1917
Glenwood Spring, O 81602
Comc, Inc. #2U9-343-006
P.O. Box 1334
Glenwood Sprirgs, O 81602
ltromas R. & Marilyn P. Centner #2119-343-007
923 hlmer Ore
Glenwood Springs, @ 81601
Glyn E. & Betty R. Martin #2119-343-008
0237 Donegan Road
Glenwood Springs, @ 8160r
Rex G. hrris #2119-343-009
1520 EdmunCs
Brush, @ 80723
John & Beatrice Vidakovich #XI9-343-0I0
P.O. Box 1072
Glenwood Springs, @ 81602
Allan & Joyce Bow1es #2fl9-343-0lf
2514 Grard
Glenwood Sprirgs, CO 8160I
librman & Mary Jane Dunlap *2L19-343-0L2
P.O. Box 903
Glenwood Springs, @ 81602
Joan Duprey +2I19-343-0f3
P.O. Box 1013 #21i9-343-017
Glenwood Springs, O 81602
ldark Iee #2119-343-015
1800 St. James Place
Suite 500
Houston, TX 77056
IVIIICI{ELL CREEK PRG]rcT
ADJAGNT PROPM,TT OWNRS
Page 2
Harriett T. I"lcKinley #2119-343-016
780 26 L/2 Road
Grand Jurction, O 8I50I
Departrnent of Interior +2U9-352-00-957
Bureau of Land Managenent
50629 In^I/.5&24
Glenwood Springs, @ 8150I
T.W. & Gregory J.F. Wlreeler #2i85-06-009
23tl l4eadow Lark Lane
Glenwood Springs, @ 81601
Willis E. Parkinson +2f85-06-009
23Il lleadow Lark Lane
Glenwood Springs, @ 8160f
Ralph Dodo #2185-06-009
77L7 Crlunty Road 245
lEw C.astle, O 81647
Helen C. !,lheeler #2185-06-009
1508 East 3lst Street
T\rlsa, OK 74105
Eirvard I,1. & Dorothy B. Schuster +2185-06-010
0212 County Road I30
Glenwood Springs, @ 8t60I
Grarles A. A Ilene June lahr *2f85-06-0II
World Savings & I"oan Association
ItlI South Colorado Blvd.
Denver, @ 80222
IIaroId H. a Stefani Kindall #2f85-06-0f2
0174 County Road 130
Glenwood Sprirgs, Q 81601
Frank W. & Sharron A. Cossey #2i85-06-013
0156 County Road 130
Glenwood Springs, O 8160f
Dright L. & C,ermaine R. Heim +2185-06-014
0136 county Road I30
Glenwood Springs, @ 8160I
MIrcHELL CREEX< PRO]ECT
ADJACET\IT FIfOPERIY Ory'NB^S
Page 3
Daniel G. Mortensen #2185-06-015
0Il8 County Road 130
Glenwood Springs, @ 81601
Robert F. l"letzler #X85-06-0f6
P.O. Box 85
Castle Rock, O 80104
James A. & Deborah A. Monroe #2185-06-017
0066 County Road I30
Glenwood Springs, O BI50I
Wayne & ir4ary F. O'DeIl #2119-343-16-00I
808 Colorado Ave.
Glenrvood Springs, O 8160I
orville J. IrI & Qynrhia Kay Hughes #2119-343-16-002
Space 56, Apple Tree }4obile Home Park
liew Castle, @ 8L647
Eileen I,1. Kulin #2,L9-343'16-003
Box 897
Seward, AK 99664
Robert A. & Berta J. Klein +2fI9-343-I6-004
P.O. Box 553
Glenwood Springs, OO 81602
I;:ther w. & Joni E. wright *2119-343-16-005
P.O. Box 1386
Glenwood Springs, O 81602
Artnur Wm. & JoAnn Hood #2119-343-16-006
0459 Mountain Shadows Drive
Glenwood Springs, @ 8160I
Kenneth & Sharron Kieck #2119-343-16-007
P.O. Box 33
Glenwood Springs, @ 81602
Conunon Area #2119-343-l-6-008
Johnnie F. & Shirley B. Jones #2119-343-17-00I
0464 Mountain Shadows Drive
Glenwood Springs, @ 8160I
I{IrcHELL (REEK PRO.]ECT
ADJACMIT PROPERTY OI,OTRS
Page 4
Sumner W. Schachter
0466 l"lountain Shadows Drive
Glenwood Springs, O 81601
Robert W. & Ioise Swanson
0468 l,lountain Shadows Drive
Glenwocd Sprirgs, @ 8f60I
Ir1ichele & Daniel A. SteII
0471 Mountain Shadols Drive
Glenrvood Springs, O 81601
DaIe B. & Dorothy D. SnearIY
0473 Mountain Shadows Drive
Glenrvood Springs, O 8160I
Itm. Michael Deonier
0475 }4ountain Shadows Drive
Glenwood Springs, CO 81601
Ctreryl D.
8I2 Grand
Glenrvood
Hanrnar
Springs, @ 81601
# 2tr9-343-L7 -002
#2ri9-313-17-003
# 2rr9-343-r7-004
#2rr9-343-17-005
#2rr9-343-r7-006
#2rr9-343-18-003
''/?-3+
I
-34-
I
2//7-352-oo-qs 7
2 ir9-3.5.,d-OOl
2't9-14l-i6-CO2
?il9-:i3 .8.COJ
2!:9-14:-,8-CO4
:..a-:.5. e-ocl
2il9-341-:8-OC6
[ ",.
t:
t:
t;
T"
t;
t;
t"
tl
./,, /,"r/ I/r'' I
,/,' /
i ."'i' /sl /
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I
I
MITCH ELL
CREEK
PROJECT
I
I
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lcH.L€t sutLLr6E
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^2 2, 9.:4S. ,€ :32
lr 2r,s:i:.r,:cs
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W:;:#fiDecenrber 22, 1-991.
Ilr. Davis Farrar
Garfield County Plarurer
2014 Blake Avenue
Glenrarood Springs, CO 81601
Re: tttitchell Creel< Project Sketch
Plan ard Zone Change Reguest
Dear Davis:
City staff have reviewed the reference project. Their ccrffnents are
sunnarized belcrar. This letter supplonents one dated Decsnber 10 in
which the City Planning and Zoninq Ccrmnission ccnrnents were transnitted
to you.
City Engineer
1. The road serving LoLs l-22 should not o<ceed 4% grade within 100
feet of intersection with Donegan Road.
2. The County should reguire tlzpical cross-sections shrorrving in detail
the transition frcrn 122 private drivouay to the B% public road.
3. There should be scrne reguirsnents for slope stabilization of areas
disturbed by road crrnstruction.
4. Desigrn of the stream crossing by the proposed public road should
take into consideration debris flcx,vs carried by ttitchell Creek.
5. Since the high water line at tlre West Glerruacod water tarrk is 6,A14
feet, and scrne building sites are h-igher than 6,000 feet, they could
ocperience water shortages or lour pressures.
6. If it is possible to constnrct a looped water systen, it would
help water pressures.
7. Due to poor soil conditions, the Cor:nty rnight consider eliminating
irrigated lavars.
B. With regard to drainage, the developer should be reguired to join in
any Jnpiovenent district tflat might form to deal with this problen.
Fire Chief
1. As stated in the project sutmittal book, the Fire District would
need fire plugs tocated on both streets in the pro;rcsed suMivision.
l_'
)l
6xl^,b;t 5:
tggll l
*',"*'Ir +_s,
{&ed#fl,
Decenber 10, 1981
Ivlr. Davis Farrar
Garfield CountY Planner
2014 Blake Avenue
Glenrrcod SPrings, @ 81601
BE: Ivtltchell Creek Proiect Sketch
Plan and Zone Change Request'
Dear Davis:
Ttre Glenrrcod Springs City Planning Conmission at its regular nreeting last
night reviewed the-referenceO proJect. By gnaninpus vote of the six
rrernbers present on a rnrtion fy coilrnissioner JegV Gamba' the follovring
concerns * r""*nded to the county in its consideration of the
application:
1. that extension of west Glenwood water District service be conditioned
on the owners siming a pre-annexation agreenent with the city' this
being the policy of the City in recent years'
2. t:nat water appurtenant to the land prrrposed for developrent be
dedicated to the CitY.
thatthecorxrtytakenoteoftheCorrmission'Sconcefllover
the availability of "excess" city water to senze the proposed
developrent.
that the county consider requiring the northerly seven units to tie
inio tfre West Gfenwood Sanitation District due to coneerns about
p";;ib1. pollution of Mitchell Creek frrrn the proposed septic tank'
that the county look at the possible problem of off-site drainage'
especiallY on Donegan Road.
6. that the fire protection system in the P.u.D. neet city standards'
T.t:nat,duetothegeolosy,allfoundationsbeengineered.
8. that on-street parking be prohibited on the proposed public street
if the cross-section is less than 32 feet'
9. that the Conmission urges favorable consideration of an internediate
turnarounO ""-ifre pro$sed 120O foot-long cul-de-sac. (Ideas
suggested include lioilrf" widening, a Y oi T-turnarround, or belled
3.
4.
5.
cu1-de-sac)
ExL',[t F
TO:
FRCIr{:
MEIORANDIIM
John Fernandez, Planning Director
Iouis l\itreyer, lVater & Tfastwater Director
DAIE: Decsnber 9, 1981
SIJBIECI: Water & Wastewater Connents on i[itchell Creek Pro.iect.
Because the water service agreenent between the lfest Glenwood Water
District and the City of Glenwood is now terminated and because the City's
water system is close to capacity on peak dernand days, a cqrmitrnent to
supply the Mitchell Creek Project with excess City water is not possible at
this tine.
Ttre City terminated the water servj-ce agreenent with The District on
November 6, 1981. The City's water system is reachins the point where
there will no longer be excess water to adequately supply West Glenwood.
The peak day dernand for 1981 was 9.1rngd with the capacity of the systan
being approximately 10.2 rngd. Ttre City is studying the possibility of
e>rpanding its water system capacity and initial reports estimate capital
impncvenents of $1.75 million nmst be nrade to supply water through the year
2000. In addition the lfest Glenuood Water District has expressed interest
in developing its water supply frcrn a well system. Before these variables
are resolved the cqnnitnent to supply water should be questioned.
An initial look at the developnent shows that the majority of the area is
above the pressure zone serviced by the West Glenwood Tad<. Adequate
pressure and fire prrotection would have to be provided by a booster station
and storage tank.
E\;t+ 11
GARFIELD COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
GLENWOOD SPRINGS. COLORADO BI 60I
20I4 BLAKE AVENUE PHONE 945-2339
TO:
MEMO
Davis Farrar, Garfield CountY Pl anni ng Dept.
Env'i ronmental Heal th DePt.FROM: Terry Howard, Garfield County
DATE: February B, 7982
RE: M'itchel I Creek Project
As you requested, I have reviewed the layout for lots 23-29 of the
Nitlfret I Creek Project to determjne the appl'icabil ity of jndiv'idual
sept'ic systems. Attached are pertinent exerpts from the Colorado
Guiael'inLs on Individual Sewage Disposal Systems, the most pert'inent
of which are the 50 foot setback requirement for separat'ion of the
leach field from the creek and the requirement that systems
jnstalled on slopes in excess of 30% must be designed by an enclineer.
Also attached is a copy of exerpted materjal from the USDA So'il
Survey of the area 'indicatinq that the so'i1 perco'lates slowly and
exh'ibits shrink swell characteristics.
From the drawings it appears that there is adequate area 50 feet
from the creek for a house, a sept'ic system - leach field of
average area ancl acld'i ti onal area for a repl acement f i el d i n the
event of failure. In cons'idering build'ing envelopes jt is important
to remember that the leach field should be both downhill from the
house and 50 feet from the creek. More detailed soils information
should address the issues of percolation rate, depth to bedrock a.nd
depth to h'iqhest seasonal ground water, although inspectjon of the
site gave no reason to expect serious problerns from these jtems.
A periolation rate in excess of one jnch in 50 mjnutes would
necess'i tate engi neered systems.
Slopes in the area are borderline for the requirement for engineered
systems. At least three of the lots would appear to exceed the 30%
siope limit" It may be prudent to require engineered systems on all
of the lots because the slope is so close to 30ir.
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dr:nton ilsslloftttos, lno.
architeoturo . pl:rnniug . krndso:rpr) nrohiteclure
box 1020 eagle, colorado 81631 328'7226
October 19, I9Bl
C,arfield County
Department of Planning
2014 Blake Avenue
Glenwood SPrings, @ 8t60I
RE: Ivlitchell Creek Project Sketch PIan
Gentlernen:
- we are submitting for your review six copies of the sketch plan and
applicarion for
-;;; .fru.g" -of tne Mitchell Creek Project prepared in
accordance with S..ti.on a]Oa of the C'arfield County Zoning Regulations'
The Ivlitchell Creek Project is lrcated in west Glenwood on cOunty Road
*I30 and *L32, one-guarter mile north of the colorado River and I-70' The 42
acreParcelofpropertyisbeingrequesteaasaP.U.D.Webelievethatthe
qualiry of Lhis prli."l is consistent witfr the needs of Glenwood Springs'
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Your thoughtful review of
Attached is a check in t'he
zoning review.
P.U. D.
SingIe-FamiIY
$1.00 per acre
Zone Orarge Ftse
TCIAL
SincereIY,
Harold G. Denton,
Architect
this sketch plan wiII be appreciated'
anpunt of $242.00 for the sketch plan and
$ so.0o
50.00
42-00
100.00
$242.00
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LE'rIM, OF REQUEST EOR RE\[E!{
VICINITT MAP
ZONI}G CHANGE REqIEST
AD]ACMJT PROPMTY OVNM'S
i,EGAL DESCRTPTION
ZONN{G MAP
TABLE OF, ONTEI\IS
INTROD{JCTION
REQUESTED USE
A. SINGI,E FAT\,IILY
B. OPM{ SPACE
C. ROADS
D. IAND USE & DENSITIES
AD]ACENI IAI\D USES
UTITITY SERVICE
SOILS
PHYSIOGAPHY
A. SIOPES
B. DRAINAGE
C. FI.OODPI.ATN
gAGE
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7. VTHIATION, WTLDLTFE AllD WTLDFIRE
8. FIRE PRO ECTION
g. SCTDOL IMPACT
rO. O\IEMNIS AND RESIR'ICTIONS
II. DE\iEIOPIMIIT SCXIEDULE
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APPEI{DIX A - ASCS SOIIS REPORT
APPENDIXB-LINof,LNDE\DRE-GmI.0GICIN\IESTIGATIoN
APPEI.IDIX C - UTILITT SERVICE AYAIIABILITY
APIE.IDIX D - DRAffi CD\IEMNTS
UMDM. SEPARATIE (X\IER' - 1.GM{ERAL DEVEIOPMETflT MAP
SKHTCH PIAN -- IffS 1 THRO(reH 22
PRELIMIMRY ROAD DESIGN -- IIIS I THROUGH 22
SIIPE PIAN .- I.OTS I TIIROUGH 22
DEIIEIOPABLE AREA CAI,GJI.,}ff IONS
2.
3.
4.
5.
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