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HomeMy WebLinkAbout2.0 Declaration of Covenants■III In 1'17IL ',HW1,G4!,tilh ,1 IOfif,r 'l tib' 1 IN 11111 Reception#: 753016 07125(2008 08:36:22 AN Jean Alberico 1 of 54 Rec Fee $271,00 Doc Fee:0,00 GARFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIONEER GLEN INDEX ARTICLE TITLE PAGE 1 DEFINITIONS 2 II PROPERTY RIGHTS & USE OF PROPERTY 7 III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 9 IV COMMON FACILITIES - DECLARANT'S RIGHT TO JOINT USE 10 V INSURANCE ON COMMON FACILITIES 11 VI ASSESSMENTS 11 VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING 12 VIII ARCHITECTURAL APPROVAL 17 IX IRRIGATION WATER AND SYSTEM 24 X DEDICATION AND TRANSFER OF ROAD, UTILITY, 24 IRRIGATION EASEMENTS, AND OPEN SPACE XI CONDEMNATION 25 XII GENERAL PROVISIONS 25 EXHIBIT A PLAT B IDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN AND PERFORMANCE STANDARDS C INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN D WILDFIRE MITIGATION PLAN 5`t ■III in l'ITIEVAI Nr,L3/44 ,Lrihl 1 II Reception#: 753016 07/25/2008 08:36,22 AM Jean Alberico 2 of 54 Rec Fee,$271.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIONEER GLEN This Declaration of Covenants, Conditions and Restrictions (hereafter the Declaration) is made this day of , 200_ by SPECIALTY RESTAURANTS CORPORATION, a California corporation (hereafter referred to as the Declarant). RECITALS WHEREAS, Declarant is the owner of that certain real property in Garfield County described in Exhibit A attached hereto and incorporated herein by this reference, as depicted in six lots numbered consecutively 1 through 6, on a plat thereof recorded as Reception No?S / in the office of the Garfield County Clerk and Recorder, together with all water and water rights, easements and rights-of-way appurtenant to or used upon or in connection with said Lots and all other appurtenances thereto; and WHEREAS, Declarant hereby creates an unincorporated nonprofit association pursuant to the Colorado Uniform Unincorporated Nonprofit Association Act, Colorado Revised Statutes 7-30-101 et seq., known as the Pioneer Glen Homeowner's Association (hereafter the Association) for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the Members of which Association shall be the owners of the aforesaid individual Lots and which Association shall also administer and enforce the covenants, Conditions and restrictions herein set forth and collect and disburse the assessments and charges hereinafter provided; and WHEREAS, Declarant desires to dedicate, grant and create certain easements to the Association for purposes of serving the Lots with appurtenant access and utilities necessary to the use of the Lots for their intended purpose; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Common Facilities and to establish a method for the administration, maintenance, preservation, control, use, and enjoyment of the Lots and Common Facilities, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 1 of 28 ■III K!'3f14VIAIN!N.1,4i,1fi! 11,11g. AO, Hid 11111 Reception#: 753016 07/25/2008 08:36:22 AM Jean Rlberico 3 of 54 Rec Fee:$271.00 Doc Fee 0.00 GARFIELD COUNTY CO GRANT OF EASEMENTS AND DECLARATION NOW THEREFORE, Declarant hereby declares that all of the Lots described above, individual or collective, shall be held, transferred, sold, conveyed and occupied benefited by and subject to the easements and properties herein dedicated, granted and transferred to the Association and subject to the following Covenants, Conditions and Restrictions which are established for the purpose of protecting the value and desirability of such real property and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest therein. ARTICLE 1 DEFINITIONS 1. Annual Assessment. "Annual Assessment" shall mean the assessments made for the purpose of covering the portion of the annual expense of operating and administering the Association, including, but not limited to, Common Expenses and expenses incurred in connection with certain authorized functions of the Association the costs of which are not otherwise provided for herein, which are to be paid by each Owner to the Association for the purposes provided herein and charged to such Owner and to the Lot of such Owner. 2. Annual Budget. "Annual Budget" shall mean the calendar year estimates of the Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager and adopted by Owners Action at the Annual Meeting. 3. Annual Meeting. "Annual Meeting" shall mean the meeting of all Members of the Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 4. Assessments. "Assessments" shall mean all assessments, Annual, Reimbursement, and Special, for Common Expenses of the Association, and all installments thereof, with interest thereon and costs of collections, including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 5. Association. "Association" means the Pioneer Glen Homeowners Association, a Colorado unincorporated nonprofit association whose Members shall be the respective Owners of the Lots. 6. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 2 of 28 1111 IA 111111Wili M ituM iii I*1 fi g hi! 11111 Reception#: 753016 07/25/2008 ©8:36 22 PM Jean Alberico 4 of 54 Rea Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO Common Expenses, calling special meetings and otherwise managing the administrative affairs of the Association. The Association Manager shall be the Declarant at all times during which Declarant shall continue to own any one of the Lots. 7. Building Envelope. "Building Envelope" shall mean that portion of each Lot which is designated on the Plat as suitable for construction of habitable living space thereon. As more fully provided herein, all Improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. 8. Common Area. "Common Area" shall mean any portions of the Common Interest Community designated on the Plat as Common Area or Open Space and which is owned or maintained by the Association for the common use and enjoyment of the Owners, including, but not limited to, all rights-of-way, roads, entry ways, ponds, entry features, sidewalks, pathways, trails, gardens, pastures or other open space, and such other easements for the use and benefit of the Owners as may be provided in this Declaration. 9. Common Expenses. "Common Expenses" shall mean the expenses or liabilities incurred by or on behalf of the Association under the provisions of this Declaration and which are payable by the Lot Owners upon Annual and Special Assessment. These include, but are not limited to the following: a) The cost of maintenance, management, operation, snowplowing, repair and replacement of the Association Properties, including, but not limited to, the Common Areas, and of all other parts of the Common Interest Community which are managed or maintained by the Association or a Managing Agent; b) The cost of maintaining and repairing structural elements of the Common Areas including any structures, sidewalks, walkways, driveways, fencing and trash bins within the Common Interest Community, and reasonable reserves for any of such costs; c) The cost of maintaining, replacing, and improving the landscaping on the Common Areas; d) The cost of improvements constructed from time to time by the Association on or in connection with the Common Areas, if such costs were included within a duly adopted Budget; e) The cost of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees, and/or costs provided to be paid by the Owners in accordance with the terms of this initial Declaration pursuant to the respective Management Agreements, if any, for the operation, management, and/or maintenance of the Common Interest Community; Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 3 of 28 1111 El /111114111141110 1111 Reception#: 753016 07/25/2008 08:36:22 RM Jean falberico 5 of 54 Rec Fee:$271.00 Doc Fee:0.00 GRRFIELD COUNTY CO f) The cost of insurance maintained by the Association as required or permitted herein; g) The cost of utilities and services if any which are provided to the Association or the Common Interest Community or parts thereof and not individually metered or assessed to Lots, and other services which generally benefit and enhance the value and desirability of the Common Interest Community; h) Reasonable reserves for contingencies, replacements, and other proper purposes as deemed appropriate by the Association Manager to meet anticipated costs and expenses including, but not limited to, maintenance, repair and replacement of Common Areas which must be maintained, repaired or replaced on a periodic basis; i) Taxes paid by the Association; j) The cost incurred by any committees that may be established from time to time by the Association and compensation that may be paid by the Association to members of such committees; k) All expenses expressly declared to be Common Expenses by this Declaration, all expenses lawfully determined to be Common Expenses by the Association Manager, and all expenses agreed upon as Common Expenses by the Members of the Association; and 1) Other expenses incurred by the Association for any reason whatsoever in connection with the Common Areas, or the cost of any other item or service provided or performed by the Association pursuant to any of the Association Documents or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. 10. Common Facilities. "Common Facilities" shall mean all real property or interests in real property, improvements thereto, and personal -property now or hereafter owned by the Association through dedication, grant, conveyance, or assignment by the Declarant to the Association or acquired by the Association through Owners Action for the common use and enjoyment of Lot Owners, and more particularly described in Article IV below. There are expressly excluded from the Common Facilities, any domestic water service lines, irrigation ditch laterals or pipelines and utility services designed to serve, benefit and be appurtenant to a single Lot. Any such excluded facilities, property and structures shall be controlled, operated and maintained by the Owner(s) of the Lot served thereby as appurtenant thereto at such Owners expense. 11. County. "County" shall mean Garfield County, Colorado. 12. Declarant. "Declarant" shall mean SPECIALTY RESTAURANTS CORPORATION. 13. Declaration: "Declaration" shall mean the Covenants, Conditions, Restrictions, grants and dedications of easements and all other terms or provisions set forth in this document as the Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 4 of 28 ■ M PIA l's711,10411,11111,1V W110.m1■ 1111 Reception#: 753016 07/25/2008 08:36:22 RM Jear Rlberico 6 of 54 Rec Fee:$271.00 Doc Fee.0.00 GARFIELD COUNTY CO same is recorded in the records of Garfield County, Colorado, and as the same may be amended from time to time in accordance with the provisions hereof, with such amendments being likewise recorded. 14. Design Review Committee. "Design Review Committee" shall mean the Committee provided for in this Declaration. 15. Improvement. "Improvement" shall mean all structures and any appurtenances thereto of every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, barns, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler and utility pipes, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water softener fixtures. 16. Improvement to Property. "Improvement to Property" shall mean any Improvement, change, alteration or addition to any property within the Common Interest Community. "Improvement to Property" shall include, but not be limited to those improvements more particularly described in Section 4.2 of this Declaration. 17. Lot/Lots. "Lot" or "Lots" shall mean each of Lots 1 through 6, inclusive according to the Plat. 18. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 19. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. 20. Notice of Completion. "Notice of Completion" shall mean written notice to the Design Review Committee of the completion of any Improvement to Property. 21. Occupant. "Occupant" shall mean any person who is a tenant on a Lot, pursuant to a Lease with the Owner thereof, or any person who is present within the Common Interest Community as a family member, guest, agent, licensee, or invitee of an Owner, an Occupant, the Association, or a Managing Agent. 22. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the Association which statement shall be executed by no less than the Owners of four (4) Lots or their respective authorized representative. 23. Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto) which depicts all or a portion of the Common Interest Community and which further depicts and locates thereon the location of Lots, Building Envelopes, Common Areas, and such other Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 5 of 28 ■IIII01P11il i3ORipliliLegilifaNig, iL4l,l6 1111 Reception#: 753016 07/25!2008 08:36:22 AM Jean Plberico 7 of 54 Rec Fee:$271,00 Doc Fee:0.00 GARFIELD COUNTY CO items as may be required by the Act. The Plat, and any amendments or supplements thereto, are hereby incorporated herein and made a part hereof by reference. 24. Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against a particular Owner and his Lot for the purpose of curing or enforcing any violation, directly attributable to the Owner, of the Declaration or the Rules and Regulations, together with late charges and interest as provided for herein. Reimbursement Assessment shall include without limitation any Common Expense caused by the misconduct of any Owner or of such Owner's Occupants. 25. Rules and Regulations. "Rules and Regulations" shall mean the rules, regulations, guidelines, policies, authorizations and standards as may be adopted and approved by Owners Action as provided in this Declaration governing the use of the Lots and the use, operation, maintenance, and administration of the Common Facilities. 26. Special Assessment. "Special Assessment" shall mean a charge against each Owner and his Lot representing a portion of the costs of the Association for the purpose of funding construction, capital repairs, maintenance, replacements, and Improvements within the Common Interest Community, the costs of which were not included in the Annual Assessment, or for excess repair costs or other extraordinary expenses, or for funding any operating deficit of the Association, or for any other purpose authorized by the Association Manager from time to time as provided herein. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 6 of 28 1111 11711, 1411.141,IiIitfr, M IN 111111 Reception#: 753016 07/25/2008 08:36:22 PM Jean Rlberico 8 of 54 Rec Fee:$271,00 Doc Fee 00 GARFIELD COUNTY CO ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Permitted Use. a) All Lots shall be used only for the construction, use and occupancy of and as single- family dwellings and customary accessory uses including, without limitation, an accessory dwelling unit if permitted by application zoning. No dwelling shall be permitted which has less than 900 square feet of livable floor space. Structures built on the Lots will not exceed the maximum allowed height of twenty-five 25 feet as calculated by the Zoning Resolution of 1978 as amended. In addition, Lot coverage shall not exceed the maximum allowed coverage of 15%. b) Additional permitted accessory uses shall include agricultural activities and the raising of crops and livestock; provided, however, that no horses or livestock shall be kept in excess of two head per Lot and no livestock may be kept in excess of pasture available. c) No more than one dog over six (6) months of age may be kept on any Lot and dogs shall not be permitted to run at large. d) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operation. e) All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. f) Greenbelt (open space) as shown on this final plat shall be defined as "land retained in an open or unimproved condition, except for agriculture, for the placement of landscape materials, including trees, shrubs and grasses and structures limited to foot paths, irrigation structures, erosion protection devices and underground utilities, or improved for Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 7 of 28 1111W iIN 101 Pi 11111 Reception#: 753016 07/25/2008 08:36:22 AM Jean Aiberico 9 of 54 Rec Fee:$271.00 Dao Fee:0-00 GARFIELD COUNTY CO park use. Designation of greenbelt/open space does not imply provision for access by the public. 2. Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and Regulations adopted by the Association pursuant to the provisions of this Declaration, each and every Lot Owner, shall have the right to the use, enjoyment and benefit of the Common Facilities. 3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lots owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. 4. Governance of Lots and Common Facilities. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the Association and the Lot Owners through their right to participate by Owner Action in governance of all Common Facilities as said rights are more fully described in this Declaration. 5. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory partition of the Common Facilities. 6. Enforcement. The Association, by Owners Action, or the Declarant or any Lot Owner, shall have the right to enforce the covenants, Conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for damages and injunctive relief In the event of any such action, the Association, Declarant or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonably attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 8 of 28 1111 Ph'iinTirili4���a�r,L�i'� ,� �� � �I XPi 11111 Reception#: 753016 07/25/2008 08:36:22 RM Jean Alberico 10 of 54 Rec Fee:$271 00 Doc Fee:0.00 GARFIELD COUNTY CO ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The Owner(s) of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot is owned by more than one person, all of the persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves, designate one of their number to participate in, and represent the others, in any Association affairs or Owners Action as herein described. For purposes of participation in Owner Actions and any other voting matters in the Association, a Member owning more than one Lot shall be entitled to one vote for each Lot owned. 2. Except as otherwise herein provided with respect to rights and interests reserved to the Declarant, the ownership, operation, management, maintenance and repairs of the Common Facilities and all Association actions taken with respect thereto, shall be undertaken and performed pursuant to Owners Action. The Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities, and such power and authority shall include, without limitation whatsoever, the following authority: a. To own, purchase, lease, install, operate, maintain, repair and replace all or any part of the Common Facilities. b. To adopt such Rules and Regulations as are necessary and appropriate for governing the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget, for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and collect Annual and Special Assessments for the purpose of paying all Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget or which under the provisions hereof are expenses assessed against less than all Lots. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a one- fifth share of the total assessment to be paid by the Owner of each Lot, except as otherwise provided herein; e. Subject to the provisions of Article I, paragraph 3, to elect at the Annual Meeting by Owners Action, an Association Manager to act, during the upcoming year, on behalf of the Association and in such capacity to exercise all powers of the Association set forth in said Article I, paragraph 3 as well as any others delegated to him by such Owners Action; f. To enforce, by Owners Action, the provision of this Declaration and any Rules and Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 9 of 28 ■III hi'�iFI��� �P���� �Lir�'� ��I�rrrri'GrG��� ��1�� �I III Reception#' 753016 07/25/2008 08:36:22 AM Jean Alberico 11 of 54 Rec Fee:$271,00 Doc Fee:0.00 GARFIELD COUNTY CO g. Regulations adopted by the Association as provided herein, either through Owners Action or by delegation of such enforcement authority to the Association Manager; To establish a date certain for the Annual Meeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of Annual and Special Meetings, shall be given to each Member by mailing such notice to each Member at least 20 days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the Association; h. To receive and use for the joint and common benefit of all Lot Owners any revenues received by the Association from whatever sources and determination of the specific uses of such funds; and i. To take any other action necessary or appropriate to carry out the purposes herein expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. ARTICLE IV COMMON FACILITIES — DECLARANT'S RIGHT TO JOINT USE The Common Facilities which shall be owned by the Association include, but are not limited to, all designated roads and road easements dedicated, created and granted hereunder and improvements thereto, utility and irrigation easements, access easements, water pipeline easements and related facilities, drainage easements, and open space created and granted hereunder or transferred to the Association, which serve or benefit the Lots. The Association shall maintain and keep in good repair the Common Facilities (and any personal property and improvements associated therewith) and any other improvements to or upon the Common Facilities (including without limitation the Association shall not permit the growth or spread of Garfield County listed noxious weeds along roadsides and in common areas). Such maintenance shall be funded through the Annual and Special Assessments as provided herein, and revenues received from any other sources, and shall include, but not be limited to, maintenance, repair, and replacement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. It is understood that all easements described above shall be non-exclusive. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 10 of 28 1111 D:F't71V01I1,G11rL Milerrilile.i'llikillii 11 IH Reception#: 753016 07/25/2006 0G 36:22 RM Jean Alberico 12 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO ARTICLE V INSURANCE ON COMMON FACILITIES 1. Insurance. If deemed necessary, the Association Manager shall have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage by any hazards, including extended coverage, vandalism, and malicious mischief This insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. 2. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Association Manager may, without the necessity of any Owners Action, levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair, such excess shall be retained to the benefit of the Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate, costs, and reasonable attorneys' fees, if any, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Special Assessment, together with interest, costs and reasonable attorneys' fees, if any, shall also be the personal obligation of the person who was the Owner of a particular Lot at the time the Assessment was made. All such Annual and Special Assessment shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the Association records. In the making of Annual and Special Assessments, no assessment shall be made or charged against Lots not benefited by maintenance of sections roadway or irrigation ditches, for which any expenses may specifically be identified apart from the expenses related to maintenance of those sections of roadways and irrigation ditches which benefit all of the Lots. Instead, the portion of the assessments incurred for the expense of maintaining sections which benefit only certain of the Lots, shall be borne proportionately by only those certain Lots. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes, bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 11 of 28 1111 i Fid ifilq14111rU+1fi114111 li 1I Gi11', NIVIE1 NH 1111 Reception#: 753016 07/25/2008 08:36:22 RM Jean Rlberico 13 of 54 Rec Fee $271.00 Doc Fee:0.00 GARFIELD COUNTY CO lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shall be the duty of the Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the Association's membership, to prepare a budget covering the estimated costs, and appropriate reserve funds amounts for operating the Association during the coming year. The Association Manager shall cause a copy of the budget, and the estimated amount of the Annual Assessments deriving therefrom and to be levied ratably as herein provided against each Lot for the following year to be delivered to each Lot Owner with notice of the meeting. Such budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING In addition to any other restrictions contained herein, all Lots shall be subject to the following covenants and restrictions on use and building restriction, to wit: 1. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or permit any nuisance or commit to suffer any illegal act to be committed on his Lot. Each Lot Owner shall comply with the Association Rules and Regulations, the requirements of all health authorities and other governmental authorities having jurisdiction over the Lots and Common Facilities. 2. Pets. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. The Colorado Division of Wildlife will issue fines for dogs harassing or chasing wildlife. If a dog is observed chasing or harassing wildlife, it may be shot by the Colorado Division of Wildlife. No more than one dog per household. Dogs that are not kenneled must be leashed at all times. No dogs are allowed on site by construction workers during the development process. 3. Construction Type. All construction shall be new. No building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot, except as expressly hereinafter provided for temporary buildings. In addition to the foregoing, an engineered foundation shall be required for all residential dwelling units constructed within the Common Interest Community. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 12 of 28 ■ 11 Nib F��ir �P�lI�,P ;Ir �I�6CI �: , I�'1 MI's • ff I Reception#: 753016 07/25/2008 08:36:22 AM Jean Alberico 14 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY GO 4. Building Envelopes. All improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. 5. Mobile Homes. No mobile home may be installed on any Lot. 6. Yards. All yards and open spaces and the entire area of every Lot on which no building has been constructed shall be maintained in accordance with standards to be established by the Design Review Committee. In addition, each Lot shall be kept free from brush or other growth or trash which, in the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire. Notwithstanding the foregoing, the Design Review Committee shall be authorized to permit landscaping on a Lot in accordance with a landscaping plan approved by the Design Review Committee in accordance with the provisions hereof. 7. Landscaping. Each Lot shall be fully landscaped within thirty (30) days of the date on which a certificate of occupancy is obtained for the residence, subject to excusable delays as determined by the Design Review Committee due to weather. No landscaping plan shall be implemented until approval of the Design Review Committee has been obtained. Each Owner shall maintain the landscaping upon such Owner's Lot in good condition. Landscaping maintenance shall include the management, maintenance and removal of weeds. Failure to properly maintain landscaping will result in the Association assessing Reimbursement Assessments as provided in this Declaration. a) No Lot Owner shall permit the growth or spread of Garfield County listed noxious weeds on any Lot. Refer to Exhibit C attached hereto for recommended Vegetation and Weed Management Plan. The Association, at the sole cost and expense of said Lot Owner(s), may perform such mitigation in the event of the Lot Owner(s) failure thereof. b) Each Lot Owner at the time of construction shall install Landscaping in compliance with the Wild Fire Mitigation Plan attached as Exhibit D hereto and the Vegetation and Weed Management Plan. c) Each Lot Owner shall maintain grassland in accordance Wild Fire Mitigation Plan attached as Exhibit D. The Association, at the sole cost and expense of said Lot Owner(s), may perform such mowing in the event of the Lot Owner(s) failure thereof. 9. Fireplaces. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et sew. and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 10. Storage. No inoperable vehicles or equipment shall be stored outside on any Lot; nor shall any junk or refuse be allowed to accumulate on any Lot. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 13 of 28 1111 liYiMUM SailkIVIV4,WlMV11.11 111'i 11111 Reception#: 753016 07/25/2008 08:36:22 RM Jean Rlberico 15 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO 11. Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from view, except that any container containing such materials may be placed outside at such times as may be necessary to permit garbage or trash pickup. All containers used for the temporary storage and outside collection of garbage, trash and related materials within the subdivision shall be "bear -proof." 12. Restriction on Pipes and Utility Lines. Pipes for water, gas, sewer, drainage, or other purposes, and utility meters or other utility facilities shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Solar power units meeting all governmental guidelines for residential purposes may be utilized if such unit is approved in advance by the Design Review Committee. 13. Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or display of any kind shall be erected or maintained anywhere within the Common Interest Community so as to be evident to public view. Provided, however, development related signs owned or erected by Declarant and house numbering signs approved by the Design Review Committee shall be permitted. "For Sale" or "For Rent" signs shall be permitted, subject, however, to any guidelines for such signs adopted by either the Board of Directors or the Design Review Committee. 14. Storage of Gasoline and Explosives, Etc. No Lot shall be used for the storage of explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials deemed hazardous substances under applicable environmental laws, rules, or regulations. Gasoline or fuel for Owner's lawn mower, snow blower, and the like may be maintained on an incidental basis on the Lot in an amount not to exceed ten (10) gallons. 15. Air Conditioning and Heating Equipment/Solar Collecting Devices. No heating, air conditioning, air movement, solar collection or refrigeration equipment shall be placed, allowed, or maintained anywhere other than on the ground; provided, however, that solar units or swamp coolers meeting all governmental guidelines for residential uses may be located on the roof if (a) such solar unit or swamp cooler is built into and made an integral part of the roof flashing or the structure of any house constructed on such Lot, and (b) such solar unit or swamp cooler is specifically approved by the Design Review Committee. The type, size, location and necessary screening for any proposed solar collection device or swamp cooler shall be submitted to the Design Review Committee in accordance with its established procedures and the Design Review Committee shall have the authority to approve, conditionally approve, or disapprove the proposed collection device in accordance with the terms and provisions hereof. Notwithstanding the foregoing, in no event will the terms and provisions of this Declaration be deemed to prohibit the use of solar collection devices within the Common Interest Community and in no event shall the Design Review Committee unreasonably restrict the right to use solar collection devices by any Owner of a Lot within the Common Interest Community. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 14 of 28 VIII B111 Reception*: 753016 07/25/2008 08:36:22 AM Jean Alberico 16 of 54 Rec Fee:$271.00 Doo Fee:0.00 GARFIELD COUNTY CO 16. Irrigation System. All irrigation systems shall be operated using the irrigation water as provided in Article IX hereof and shall be subject to the conditions therein set forth. 17. Individual Sewage Disposal System. Based on the analysis of the sub -soils on the property, Individual Sewage Treatment Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit applications for each lot. The cost of these studies shall be borne by the individual property owner. Each Lot Owner, at the time of construction, shall install an individual sewage disposal system (ISDS) to handle waste water for such residence in compliance with the "ISDS DESIGN AND PERFORMANCE STANDARDS" attached as Exhibit B hereto. In accordance with Garfield County recommendations, the Association shall also review and approve all ISDS designs and modification prior to construction. 18. Domestic Water System. All residences within the subdivision will require a reverse osmosis system or comparable system on their domestic water supply line to control water quality. 19. Runoff / Drainage. Each Lot Owner shall submit to Garfield County with any building permit application a drainage plan designed by a Colorado Registered Professional Engineer. Buyers and Builders should be aware that about 5 feet of clay is present in the shallow subsurface of the lots which can be easily eroded. To prevent damage to future homes, structures shall be designed so that concentrated runoff from patios and roofs will not flow onto the slopes in such a way that will cause sloughing and general deterioration. 20. Lighting. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 21. Fences. Due to the fact that wildlife does travel through the area, all fencing should be limited. If absolutely necessary, homeowners need to adhere to wildlife friendly fencing consistent with the Colorado Division of Wildlife approved fences. To allow the movement of Mule Deer and Elk through the subdivision, fence heights shall not exceed 42 inches in height. Rail type fences are encouraged and should have at least 18" between two of the rails. Mesh fencing is strongly discouraged as it significantly impairs wildlife movement. Fences shall only be erected within the building envelope boundaries of each Lot. There shall not be any fencing allowed to surround entire lots or the perimeter of the subdivision except as allowed by Garfield County on the western border of the subdivision. 22. Wildlife Recommendations. Bear/human conflicts have the potential to be a reoccurring problem and it is paramount that certain measures be taken to minimize these conflicts. Owners and Occupants are requested to consider the following recommendations regarding the presence of wildlife on the property: a) All homeowners shall have and use an approved bear -proof container for storing all Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 15 of 28 1111I I, U 111 Reception#: 753016 07/25/2008 0836,22 AM Jean Alberico 17 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO trash/garbage. Trash compactors inside the house can help eliminate bulk and odors, which will further reduce potential problems. b) Bird feeders (including hummingbird feeders) can be used, but do not mount hummingbird feeders on windows or siding of the house. Seed feeders should be strung up at least 10' from the ground with seed catchment to discourage other wildlife foraging. c) Pets should be fed indoors, and pet food or food containers should not be left outside. d) Horse feed should also be stored in a bear -proof container and locked. A job box with a padlock can adequately prevent bears from breaking into horse feed containers. e) Barbecues should also be securely housed in the garage or cleaned with a bleach solution when not in use due to the fact that leftover food and grease are an overwhelming bear attractant. f) Round door knobs on the outside of doors rather than lever -type can limit bear access into houses as well as installing a cooling system rather than leaving windows open, as this is the main way bears access homes in the summer. Storm shutters that can be closed and locked when the house is not being used can also discourage bears from entering vacant houses. g) Under current state laws, the Division of Wildlife is not liable for damage to real or personal property by bears. h) For homeowners keeping horses on their property, fencing haystacks with 8' mesh fence for wildlife proofing at the homeowners' expense is recommended. i) Eliminating plantings of any berry, fruit, or nut producing plants or shrubs will also discourage bears and other wildlife from feeding on expensive landscaping. Homeowners also need to be aware that the Division of Wildlife is not liable for any damage to landscaping by deer, elk, or bear. j) Maintaining as much of the native mountain shrub communities inside the building envelopes is encouraged to continue to provide the highest value to existing wildlife. 23. Bald Eagle and Great Blue Heron Habitat. For the protection of Bald Eagle and Great Blue Heron nests, large cottonwood trees, dead or alive, will not be disturbed during construction of the subdivision and will be preserved throughout the existence of the subdivision. 24. Lot Subdivision. No further divisions of land within the Subdivision will be allowed 25. Enforcement. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, or the Declarant or any Lot Owner, in the event of any breach of any provision of this Article VII by any other Owner. 26. Restrictions/Conditions Imposed By County. All Lot Owners shall use and occupy their respective Lots in conformity to all governmental regulations applicable thereto. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 16 of 28 1111 n �P�I� �4�Ih � +`� �In 11111 Reception#. 753016 07125f2008 08:36:22 PM Jean Alberico 18 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO ARTICLE VIII ARCHITECTURAL APPROVAL 1. Approval of Improvements Required. The approval of the Design Review Committee shall be required for any Improvement to Property on any Lot, except (a) for any Improvement to Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration as determined by the Design Review Committee; or (c) where prior approval of Improvements to Property may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Design Review Committee. 2. Improvement to Property Defined. "Improvement to Property" requiring approval of the Design Review Committee shall mean and include, without limitation, any of the following occurring within the Common Interest Community: (a) the construction, installation, erection, or expansion of any building, structure, or other Improvement, including utility facilities and fences; (b) the demolition, destruction or removal, by voluntary action, of any building, structure, tree, vegetation or other Improvement; (c) the grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern, or change of stream bed; and (d) any change or alteration of any previously approved Improvement to Property, including any change of exterior appearance, color, or texture occurring. 3. Membership of Committee. The Design Review Committee shall consist of three (3) members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period (as hereinafter defined). During the period of development of the Common Interest Community while Declarant has rights to appoint members of the Design Review Committee, Declarant shall give the Association written notice of the appointment or removal of any member of the Design Review Committee. The "Appointment Period" shall mean the period of time commencing as of the date of Recordation of this Declaration and continuing until the earliest to occur of the following events: (a) when all Lots which may be created within the Common Interest Community have been conveyed to Persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; or (b) when, in its discretion, Declarant voluntarily relinquishes such right. Members of the Design Review Committee may but shall not necessarily be Members of the Association. After expiration of the Appointment Period, members of the Design Review Committee shall be appointed by the Association. Members of the Design Review Committee appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until resignation or removal by the Association. After the expiration of the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Design Review Committee. 4. Establishment of Subcommittees. The Design Review Committee shall have the right to establish subcommittees ("Covenant Committees") to review the modifications to Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 17 of 28 1111 WA Ili III!■ 11111 Reception#: 753016 07/25/2008 08:36 22 AM Jean Plberico 19 of 54 Rec Fee:$271.00 Doc Fee -0.00 GARFIELD COUNTY CO Improvements upon Lots after the initial construction thereof has been completed and a certificate of occupancy has been issued thereon, and for enforcement of compliance with this Declaration and any Supplemental Declaration applicable to a Lot. For purposes of this Declaration, all references to the Design Review Committee shall also refer to any Covenant Committee. The procedures for establishment, the rights and duties thereof, and the limitations thereon shall be established and adopted by the Design Review Committee. 5. Address of Design Review Committee. The address of the Design Review Committee shall be at the principal office of the Association. 6. Submission of Plans. Prior to submission of building plans to the County for a building permit when applicable and prior to commencement of work to accomplish any proposed Improvement to Property, the Person proposing to make such Improvement to Property ("Applicant") shall submit to the Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors as the Design Review Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or its authorized agent. The Design Review Committee may require submission of additional plans, specifications, or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of all required materials in connection with the proposed Improvement to Property, the Design Review Committee may postpone review of any materials submitted for approval. 7. Criteria for Approval. The Design Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Common Interest Community as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Common Interest Community; that the Improvement to Property will not detract from the beauty, wholesomeness, and attractiveness of the Common Interest Community or the enjoyment thereof by Owners; that the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the Association; and that the proposed Improvement to Property does not affect the drainage plan for the Common Interest Community or any portion thereof. The Design Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Design Review Committee may deem appropriate. 8. Design Guidelines. The Design Review Committee may issue standards or rules ("Design Guidelines") relating to the procedures, materials to be submitted, fees, and additional factors which will be taken into consideration in connection with the approval of any proposed Improvement to Property. The Design Guidelines may specify circumstances under which the strict application of limitations or restrictions under this Declaration (which are not substantial or material in nature) will be waived or deemed waived in whole or in part Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 18 of 28 1111 1,16.1M.1411,141EWMIVIAi U 111 Reception#: 753016 07125/2008 08:36:22 PM Jean Alberico 20 of 54 Rec Fee:$271 00 Doc Fee:0.00 GARFIELD COUNTY CO because of a change in applicable laws or because strict application of such limitations or restrictions would be unreasonable or unduly harsh under the circumstances. The Design Guidelines may waive the requirement for approval of certain Improvements to Property or exempt certain Improvements to Property from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration and such Improvements are not substantial in nature. 9. Design Review Fee. The Design Review Committee may, in the Design Guidelines, provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Design Review Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be determined in any other reasonable manner, such as based upon the estimated cost of the proposed Improvement to Property. The Design Review Committee may further provide that the amount of any such design review fee include engineering consultant and other fees reasonably incurred by the Association in reviewing any proposed Improvement to Property. 10. Decision of Committee. Any decision of the Design Review Committee shall be made within thirty (30) days after receipt by the Design Review Committee of all materials required by the Design Review Committee, unless such time period is extended by mutual agreement. The decision shall be in writing and if the decision is not to approve a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Design Review Committee. 11. Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Design Review Committee within thirty (30) days after the date of receipt by the Design Review Committee of all required materials. 12. Completion of Work After Approval. Following the approval of any proposed Improvement by the Design Review Committee, the proposed Improvement shall be completed by such Owner: (a) as promptly and diligently as possible but in no event in excess of the time periods set forth below; (b) in substantial conformance with all plans and specifications and other materials presented to the Design Review Committee; and (c) in accordance with any and all conditions imposed by the Design Review Committee. In accordance with the foregoing, all Improvements approved by the Design Review Committee shall be completed (a) within eighteen (18) months from the date of approval of such Improvements by the Design Review Committee; provided, however, that any and all landscaping and/or gardening approved by the Design Review Committee which is related to the construction of the initial dwelling unit for a Lot shall be completed within thirty (30) days of the issuance of the certificate of occupancy for such dwelling unit or within such time period as the Design Review Committee may otherwise prescribe. In all cases, the Design Review Committee must issue a "Notice of Satisfactory Completion of Improvement to Property" or as Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 19 of 28 1111 KF'=nridllilit«lt.11V.W.Ch 'iI Mii 11II1 Reception#: 753016 07125!2008 08:36:22 AM Jean Alberico 21 of 54 Rec Fee,$271.00 Doc Fee:0.00 GARFIELD COUNTY CO "Conditional Notice of Satisfactory Completion of Improvement to Property" prior to the application for an issuance of a certificate of occupancy from the County. Failure to comply with the terms and conditions of this provision shall constitute noncompliance with the terms and provisions of this Declaration and the Association shall have the right to invoke all rights and remedies provided to the Association hereunder, including but not limited to, the imposition of fines and penalties. 13. Notice of Completion. Upon completion of the Improvement to Property, the Applicant shall give written Notice of Completion to the Design Review Committee. Until the date of receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement to Property. 14. Inspection of Work. The Design Review Committee or its duly authorized representative shall have the right to inspect any Improvement to Property prior to or after completion, provided that the right of inspection shall terminate fourteen (14) days after the Design Review Committee shall have received a Notice of Completion from Applicant. 15. Notice of Satisfactory Completion of Improvement to Property. After inspection of the Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory Completion of Improvement to Property if the Improvements were completed in conformity with the plan, description, and materials furnished to and approved by the Design Review Committee, and any conditions imposed by the Design Review Committee. Upon such receipt of Notice of Satisfactory Completion of Improvement to Property, the Applicant may proceed to request a certificate of occupancy from the County. 16. Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Design Review Committee or was not done in complete conformity with the description and materials furnished to, and any conditions imposed by, the Design Review Committee or was not completed within eighteen (18) months after the date of approval by the Design Review Committee or such shorter period as specified herein or in writing by the Design Review Committee, the Design Review Committee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within fourteen (14) days after the Design Review Committee receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. If a Notice of Noncompliance has been issued by the Design Review Committee, the Applicant may post a Performance Guaranty, as hereinafter defined, sufficient to bring the Improvement to Property into compliance with the Design Review Committee; provided however, that the Design Review Committee shall not be required to accept such Performance Guaranty. Such Performance Guaranty must be in an amount sufficient to remedy any noncompliance, as determined by the Design Review Committee in its sole and absolute discretion. After posting such Performance Guaranty with the Association, the Design Review Committee may then issue a Conditional Notice of Satisfactory Completion of Improvement to Property. Such Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 20 of 28 ■IIIIVBiF'IMPAP iINIrtVI 1I c V„Ifi 11111 Reception#: 753016 0712512008 08:36:22 RM Jean Rlberico 22 of 54 Reo Fee:$271,00 Doc Fee:0 00 GARFIELD COUNTY CO Conditional Notice shall grant authorization for the Applicant to request a certificate of occupancy from the County. 17. Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes to apply for and obtain a certificate of occupancy from the County prior to completion of landscaping and/or prior to correction of a minor noncompliance, the Applicant may request to post a bond, letter of credit or cash escrow in an amount equal to the estimated cost of completing such work ("Performance Guaranty"); provided however the Design Review Committee shall not be required to accept such Performance Guarantee. The Performance Guaranty shall be used by the Association to ensure completion of such work in accordance with the time periods for completion established hereunder and the plans for such work as approved by the Design Review Committee. The form, content and terms of the Performance Guaranty shall be determined by the Design Review Committee in its sole and absolute discretion. If the Design Review Committee accepts the Performance Guaranty for the completion of landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue a Conditional Notice of Satisfactory Completion to Improvement to Property. Such Conditional Notice shall grant authorization for Applicant to request a certificate of occupancy from the County. All premiums, costs and expenses related thereto shall be the obligation of the Owner. Any surety or financial institution issuing a payment and performance bond or letter of credit hereunder shall be authorized to do business in Colorado and shall be acceptable to the Design Review Committee. If any Owner fails to complete the landscaping work or fails to remedy the noncompliance, in accordance with the provisions of the Declaration, subject to delays beyond the reasonable control of such Owner, the Association is authorized under the provisions of the Declaration to enter upon the Lot of such Owner to complete the landscaping work and or remedy the noncompliance in accordance with the plans therefore, draw upon the Performance Guaranty for all costs incurred by the Association relating to the completion of the landscaping work or relating to the remedy of noncompliance and levy a Reimbursement Assessment against such Owner for all costs and expenses incurred by the Association in completing such landscape work or in remedying such noncompliance which are not otherwise covered by the Performance Guaranty, including any costs and expenses of collection and attorney's fees. Upon satisfactory completion of landscaping and/or remedy of noncompliance, the Applicant shall give written Notice of Completion to the Design Review Committee. If the Design Review Committee finds the improvements satisfactory, a Notice of Satisfactory Completion of Improvements to Property shall be issued by the Design Review Committee within fourteen (14) days of receipt of Notice of Completion and any funds being held by the Association as a Performance Guarantee shall be released to Applicant within seven (7) days of the issuance of the Notice of Satisfactory Completion of Improvements to Property. 18. Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any noncompliance within fourteen (14) days after receipt by the Design Review Committee of written Notice of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 21 of 28 111114 �!V5WKO41 AJ'ICIOKGh4ti'lie0,k3 111 111 Reception#: 753016 071257200e 08 36:22 AM Jean Alberico 23 of 54 Rec Fee:$271.00 Doc Fee:O 00 GARFIELD COUNTY CO of Notice of Completion and the Applicant may proceed to request a certificate of occupancy from the County. 19. Appeal to Association of Finding of Noncompliance. If the Design Review Committee gives any notice of noncompliance, the Applicant may appeal to the Association by giving written notice of such appeal to the Association and the Design Review Committee within thirty (30) days after receipt of the notice of noncompliance by the Applicant. If, after a notice of noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Design Review Committee shall request a finding of noncompliance by the Association by giving written notice of such request to the Association and the Applicant within sixty (60) days after delivery to the Applicant of a notice of noncompliance from the Design Review Committee. In either event, the Association shall hear the matter in accordance with the provisions of the Bylaws for Notice and Hearing, and the Association shall decide whether or not there has been such noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. 20. Correction of Noncompliance. If the Association determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Applicant of the ruling of the Association. If the Applicant does not comply with the Association ruling within such period, the Assocaition may, at its option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may enter upon such property and remove the noncomplying Improvement to Property, or may otherwise remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the Applicant or Owner to the Association, the Association may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. The Applicant and Owner of the Lot shall have no claim for damages or otherwise on account of the entry upon the Property and removal of the noncomplying Improvement to Property. 21. No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee or by the Association shall constitute a waiver or estoppel with respect to future action by the Design Review Committee or the Association with respect to any Improvement to Property. Specifically, the approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement to Property or any similar proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property. 22. Committee Power to Grant Variances. The Design Review Committee may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require. Such variances must be evidenced in writing and Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 22 of 28 1111 M.F.V.KiiiFLIlilli!,1 110,L4,5:111 11 111 Reception#: 753016 07/25(2008 08:36:22 RM Jean Rlberico 24 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO shall become effective when signed by at least a majority of the members of the Design Review Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 23. Meetings of Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Design Review Committee may from time to time, by resolution in writing adopted by a majority of the members, designate a representative (the "Committee Representative") (who may but need not be one of its members) to take any action or perform any duties for or on behalf of the Design Review Committee, except the granting of approval to any Improvement to Property and granting of variances. The action of such Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Design Review Committee shall constitute action of the Design Review Committee. 24. Records of Actions. The Design Review Committee shall report in writing to the Association all final actions of the Design Review Committee, and the Association shall keep a permanent record of such reported action. 25. Nonliability of Committee Action. There shall be no liability imposed on the Design Review Committee, any member of the Design Review Committee, any Committee Representative, the Association, or Declarant for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct of the party to be held liable. In reviewing any matter, the Design Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to Property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. In accordance with the foregoing, any Owner seeking the approval of the Design Review Committee for any matter shall provide the Design Review Committee with a written waiver reaffirming the foregoing and releasing the Design Review Committee, any Member of the Design Review Committee, any Committee Representative, the Association and the Declarant from any and all liability arising from or related to the Design Review Committee's approval of such Improvement. 26. Construction Period Exception. During the course of actual construction of any permitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design Review Committee shall temporarily suspend the provisions contained in this Declaration as to the Property upon which the construction is taking place to the extent necessary to permit such construction, provided that, during the course of any such construction, nothing is done which will result in a violation of any of the provisions of this Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 23 of 28 1111 In nnr Al 1I T1L4 'ELCLA":K1 A'14}, Hill 1111 Reception#: 753016 07/25/2008 08:36:22 AM lean Alberico 25 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable interference with the use and enjoyment of other property. The Design Review Committee shall promulgate rules and regulations concerning the use of temporary sanitary facilities and trash dumpsters, type of construction vehicles allowed on and use of the streets, roads, and rights-of-way located within the Common Interest Community and Association Properties, and other activities associated with the construction of Improvements to Property, provided said rules and regulations shall not interfere with the rights existing under the Permitted Exceptions. ARTICLE IX IRRIGATION WATER AND SYSTEM Any irrigation water from the Colorado River available to the Lots will be quitclaimed and transferred by Declarant to the Lot Owners. The water from these sources shall be used, administered and applied by the Owners of all Lots in accordance with Rules and Regulations promulgated by the Association, including without limitation, the scheduling of irrigation use on each Lot by the Association Manager. All irrigation shall be accomplished by and through the irrigation lines installed and maintained to each of the above described Lots under the provisions hereof. ARTICLE X DEDICATION AND TRANSFER OF ROADI UTILITY, IRRIGATION, DRAINAGE, ACCESS EASEMENTS, AND OPEN SPACE Declarant hereby dedicates, quit claims and transfers to the Association the following easements and open space for the purpose and upon the conditions and restrictions specified, to with: Non-exclusive easements for roadway and pedestrian access and utilities, irrigation easements, and open space over and across that real property described on Exhibit A attached hereto and incorporated herein by this reference and indicated, designated and described on the Plat recorded at Reception No. in the office of the Garfield County Clerk and Recorder. The dedication, quit claim and transfer of the above described easements and open space is made to the Association for the use and benefit of the Lots served thereby. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 24 of 28 1111 K!+MPER1.IrI4M,14'K,GKIAliii 11 11 1 Reception#: 753016 07/25/2008 08:36,22 AM Jean Alberico 26 of 54 Rec Fee:$271.00 Doc Fee,0.00 GARFIELD COUNTY CO ARTICLE XI CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation by the Association through Owners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the Association and used for its purposes herein enumerated. ARTICLE XII GENERAL PROVISIONS 1. Benefits/Burdens. The covenants, conditions and restrictions of this Declaration and the benefit of easements hereby granted to the Association shall run with title to the Lots and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, or the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys❑ fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them, in good faith, with respect to the Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive or any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of two (2) or more Lots. b) At any time subsequent to the conveyance of at least four (4) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than four (4) of the Lots, and recorded in the records of the County. Provided further, that no such amendment or modification of Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 25 of 28 ■III I i.FITY/ 0111,L ,«', ,I ' 0G'r,I 11111 Reception#: 753016 07/25/2008 08:36:22 RM Jean R1berico 27 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by Declarant. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the date of this Declaration. 6. Non -Waiver. The failure of Declarant, the Association, the Association Manager, or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations of the Association by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and paragraph or section captions, headings, or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions, heading or titles define, limit or in any way affect any of the substantive terms and provisions of this Declarant. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 26 of 28 1111 F� i F'IMPARI MI1 11 ,Ir1Vr till} Mill 11111 Reception#: 753016 07/2512008 08:36:22 FIN Jean falberico 26 of 54 Rec Fee:$271 00 Doc Fee:0.00 GPRFIELD COUNTY CO IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Covenants, Conditions and Restrictions and Grant of Easements for certain property lying within 1 Section 24, Township 7, South, Range 96 West, Garfield County, Colorado the day and year first above written. SPECIALTY RESTAURANTS CORPORATION STATE OF (' ) ) SS COUNTY OF ) On this -day of O(.atit�, 2008, before me appeared , to me known, and who, being by me duly sworn, did say that he is of the 57) CGCd9-G,7-y =S77 , a corporation. IT WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in til A / /Gl( , the day and year last above written. SEAL My term expires: 3 'd I- 16 .Notary F;gblic in and for said County and State LYNETTE M. KELLUM Commission # 1653359 Notary Public - California t Orange County My Comm. Expires Mar 21, 2010■ Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 27 of 28 11111 PI. Etriirii,WlVIVICIrrign1 .11141111 Reception#: 753016 07/2512008 08:36:22 RM Jean R1berico 29 of 54 Rec Fee :$271,DO Doc Fee0.00 GRRFIELD COUNTY CO EXHIBIT A PLAT 1111iw!.1.4310.11571411 hi+64,0(i 11111 Reception#: 753016 07/25/2008 08,36:22 PM Jean Rlberico 30 of 54 Rec Fee_$271,00 Doc Fee ,0.00 GRRFIELD COUNTY CO 1. ▪ M 10451E *4 504500 545 545 90610 S 07*010 YAK 1445 114515 SCUM 255)11)10 *4 504104 24. 510911 7 5005, 021E 1 4191 Cr M OM P.Y. AS 9100 10004. 2. M 4171 050010 DOM= 101091 15 9101' M 110 10015. 1/101)9015 240 CO 01101 CO 0) 05101.0 CONN 0*0040 100111101 01 2017-66 011100 -A 1090111091 009100000 1111 M APPROVAL Cr A 0010081)1)1 PLAN APPOCA101 001 M 104501 4501 9105904 4100005 AS 000101 Non - AFC 00 M 045 01108 CO 4007455 09011005. 601RC10.4)01 6 *10 (*11 TOR ME PO101 00 9.105 ]021000000 N 1951[ AT APE 040 0030. 9.5 (10010111 110151110 104d441Yk 1 TOPOCi*RY 91001 7 E01 R BASED IPC. A 1100 94001 501(860 Br 1011E 500451110 son.. 4. 150080 0115105 AM AS CALLED 021 M T. PLAT. 5. 50 0)10{1 0444955 *4 020 1740 DC 5001)500 01 90 *411)100. 6 001!050 0 A 14011 -10 -FAN! STATE PLN90ANI TO CIL) 16-3-141, ET. 40 LAIE00101. 10910111 00 A0400.SiLM0?0:0100031AS10 91 1 ME 44418 (0LE55ART 10. QCT SOUNDS N A�C0Nn 151gW ,(SAL 044000. APO A 15:A1.1711 0610110 SECTOR 2L 5051 4 PREPARED 10 150005140 NOSES. 0141. 440415. 910. 015T. 9150. 00400.5. 1100105)1 00 0107 00A05. 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ANO CM* ASPECTS 0 2956 400 •00114RAN0 0101050. 1090019 410 1501105 ASE 011111410 10 LEARN 1)051. 17E9 A01)4 MO 4505/50105 AIA ACT AS COCO 1000015 241 011216 Cr M 401.0. • 000 010001451 50101 0 11/,05/)150 0 '4 010E 10 NU. 0110 AND 9101 SCALE 50021))11141' 161 001 BT 10 0.01100 511)1 0100911 (014901 0510 N 4110510 44000. 6. 2L EAM04 L101)0* 9141E M mum 20001 KRESS. 410 2L COMM 101100 91111 E 010010) 1000, 1 105 110 MM. Cr 710 90000901 00911 11581 1009045 1.4.10E SAN M ALLCS 002 SAFETY UM. MAT CFS Eno M PROFMN 4501001. In 400 (4 OM RLL E 010100 r5 0511 054 1001111* UNr 4110 045 000 5041 E 0000100 TO E 041504 11101 110 0100 106010 00.201)505 11) 5400 M 400 A021195 *4 50-514 M M 1500017, 501015 SENIQ 5190050E 5151004 1)07 1057.114 4941 42! 450110 10 I£ 0000010 6T A 001000 15*0110104 1090010*0 10 145*01 I 1115 IRE 514R 6 51.45000. MS 450005 1)10 RUM 9010 E 401)50 115 650u0 01(4010 POUT APRSATA. 06 EA0) LOT. 110 1761 Cr MES 55005 9101E 00710 /T 510 .404451041 01510. 14. 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ALL SHEETS A41 050110 0 145 PUMA BUT ALL SARI 1L E CMSIRUCO TO )150505 00)1511M 911701 9135 0 60 91001545 1404.010 0 150, AS O0100 011 ROAR I. 90 100270 940E 510 15110899)11 Or M 11440045.10 0006.6. Asw7A)401 Cr M 1)5011. 16 150547 1Fµ0 5110111E 9.70 130 70 ES1� RE 01r0�50/0s06aI/10 10100 442 5*50)0 NU, 400INTACT M 11.1145) 7 110 10)11410 Sr 110 05.0.1 01101 01011(5) 45 101015). 1, 11101051 NMB) 0 WO 15A1 S SA ECT M 04,0410 CORM 40015114151 POW. 20 5.000 001101150040 CO 5100012 AAT 500* 510710455 901 E M 10570505011 0 05 101 0040 ALL 0140 911.1. 014,02 05 04N4407ANR 6 5100100101 11000 11011 LOT. 11114010 0010 RC091010 0410 M STAR 55535). 100. A 5004 RAN 0E9000 BT • 005590x0 (010( 0 21. 504.3 7E5500 503 50010450 00 A 010141001 00451 505 505010) of 01-101545. Mc 0.10 500008 4. WS.® 110 09361130-11S 00.000 PEWIT AMM N06 191 ALL ID15 V. 10010E A 511 55870201 0190. APO 4l0MGa 01 001040E CE0.. 0021005 001)106 M 01114018E 000 x 100E CO.0400 D. . *4 500 5 9100 E K3D *40205 SRM Aim .10 ALL CLANS FOR 011AE M 1440040.10 11110100119 10110E 00014110. 6•515 MO 10E5 PLANTS 10092110 13101 ME 0100545 ]3 006010 CONN 050504110 02040 0 11 004001 NO 00011540 1005000. 50411 01 0400 ACCESS 10 ALL (*510055 ANO 05005 SPACE MEb 55 M 01019101 *4 045075005 AS 104)517. 0fl1*CT 110 D*N'0D C.a. 10111.104 0W1400041 0118 FOP 0011601111,.....T. 61.6060 500.10 6.03001341. 20 105 40400 OAS NOF 1010)5)1 A 5510 5(010) 01 MOLE 55000 5004415. 101 T E11001 00111)911 5 (*504115 0 10440040. 911 *10000101 50002000 000910. (*900015 .1D 0610 O 01102506 *4 10000 WAS 4055100 1101 ARO 9BE0T M • 191E MLNAAS 0001YFN114100 0 7 00.11OM 111!0 Cr 0050 CORM MC, TOIL, CO, MOM N0 4012062. 01£11X5 003300 1, 205 n 40001545 MR M 1 PW10 NEM 110 095505) .07)013 a1) 1145 CONN MAO AS REL 1)0 M M R02MLL 006 110/01 145E 951E MRCS 010101 040 M 94103 1300*1. 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Yew Amer AIDE jou 00, 000 WEE •0011 �▪ ZrM. •0510•00*w1, t• o-osocm Final ) Pioneer Glel Parcel 1 of the Lynch & Char A Parcel of Land Situated Township 7 South, Ran Garfield Co( 1900.-11, PL00-501 ROOCr 505010145 OF A 90445 LM TO 25111)01 AIM 800.510500 M[10901. 90)40 11E 591E E 1AMO M 00040*E CT 1.161100 M PTO.. ER91 NAR10 AMC A Bal *4 101 FOR DT44S 01 CANALS A5 WM5DRC170 BT 145 0*010N17 0 TMC 0110 MOS. A5 541000 N 040 STATES PATENT 0000 5.11.1111E AFC. 4111500 0301-315 PA [-515 *4 (*501011 00.0 0 *4100 10000 031114241 *4 CO04A00 MT 110 000157101. 10037151x140. 6(011101 010 07.110100 0 040101405 FOR 155 10219116901 *4 UECI10T7. 01)101 NM M KO.SM1 POLES. 1011E 501)1)06. CAKES. 011003. 0)15. 575015 ANO 050 14110E 1)00 WAGES � MO OS USERS ri F1E F OO 11 ELEC.11.9090.111455. 010101.... K1% KV*. LOT MO. 1. 51/4 0I/1101/4 51/4, ALL M SEDAN 24 TON *P 50105 NOW 96 WO. Cr TK -01) 1411000 NOD. 5 CONN Cr CARRELS M 01011 10[001.000 AT A PW1 PNCC*015.773ON D. SAC 14)0 Co DE S.E. 101/4 01/4.5.01131 M 9101100 01104 0 SAO 50010) 24 EMS 56154 5352' KST 5005-11E7, 04550E NORM 41ST (ASF ]14-1501100 M LESS TO A PONT: T1LY4 MOTM ,39.EAST 2727 -RET TOR 45 ILS 10 M55 11 O 01 0-11- UK CFM SAO Kl/221/4 Cr SCUM O. MIXT. 191 5011 -*4-07 FM CRS NO AKA. AT TIE 2102 CMM. 000191011 110E-151, 0.150-207 415400101 CO 045 - 1741' Cr CC. CAS 210 101001043 AS 0)01100 . OLEO 4(0000 A. 2. 1962 1 SOON 3O AI PACE 261 20 ANT 0401011 11E110M M •59011401,5 TIEIE6. 5. 5.1 9001-50 PAGE -301 2.2. 44 5 AMR 5W /.T PAO 3OT 151051)1 030,1 110.1.0475 AS 0010161313 IN 09 0900.00303 61039003 T 141720. ac 54210 50011-00. PACE -777 . UI11.11 01.1. 51 CURLEY 1. 105* DC MT11. 1110 MOM01T 11533A 4 0" FM M 01001IX 40611100101. AWIINME. ALMA100. OPEN. 500470151, 0/01)1014, NO 0000111 0 1010140000 AEC.; EPEES 211 111)100100 1.405 E1125905 1905 11.101 AM )D25µ1,1201 4105,41121101E 90.10 01017 ITE 54)05 20 110 111101 x50. 5020, 04.1*104?. 6*1011 20 41100)1. *4 05004500 02D1.0 80 4412110 0*0 A PARCEL OF L110 30-FUT .4 0001 9100E0 EC,.5-FEET CO116 AO 11) T0M4.SCC CO ME1 �MO 00 M1ECM.2 NE 0 4451 *4 M 691 10004 100*4, 211 53101 24. 10090 71010, RANO 96 01 OF M nM P01M*L 0304.1 01010 =PIN, 0.4020 20 E50 VOX 110 *220? *60WE0 A5 FOLLOWS 100 MOOR MCRA 070.0.0 Al A PPR 0 10.6045E At 14 WM*0[1 0 S 551 11.3C11.3C11.CrCUM 21 )109 7 SOAK 0 ME s1)04 (044 0109.1110001)5, [ A pS1A10M25 6 ]0.00 201110 0 SAO*0 5.45010 24 MARS SOON 071743' 1251191 ML 60004 50 5050 (0*1 50A. )11011210 20 ALSO 614519 ON ME 00301200 50120101 5.00 (CENRAL 250-wortDk DTOLE NORM 0007 161 A 030244 Cr 052-101 10 151 1451E PWI *4 1C00 DF 00 ON.. MOON 090500, SMO PMR 600 04 M RE51A) 05501)11' Cr 61,4 PUO AS 4100500 N 110 CLEW AM 0008005 DACE 0011 20, 32N10 11014 MMM 014557 EAST • 051204 Cr 21.24 -Fan 100 MMM 6045'1* 0ST A 050104 0 649 36(405: 1000 5511.M 96'3721 EAST • 0051004 0 0045-5401; .0.31 0110 IM010 4010 mune (*9r A 051240 6 4240EAST A DST.. 17 17�r! FEE.: 1x004 NORM 005753' EAST A 03121)0 *4 177.05-5251. MENG NORM 175703- GST A (0512045 0 215.47-11ET; 11440 0451 110149' EAST 1 000211 Cr 3050-541; 11005 MOM 51400.4 EAST A COTANR *4 1551105-0TET, )MMCF 5067.1 0051'9• GST A 05)11)105 *4 1%342-10114 M 00041 6 10w0M NEN. 1)10055 IM[ 1501 51044 M CAST OJMIO [An Cr 500101 16 101009 7 90116 000E 95 001 *4 M 091 0501400 NENCM 6005 SOON 55515. 1151 A 051400E Cr 4145-705. OLD (1)501445 040 360 00.0001 ATA 00.11 0 00100E, AT 110 mNu 0)70101 051041 *4 5EC104 21 10101911 7 SOL. NAME 96 451 *4 ME 091 0w10µ 1M01AM. 1CAEE41 Nilo. D6r1MM4 01 26013-910 *4* *DLL EAi GN CMN. EE. 20 110 4*0 IOLA.10 0 11101110 910 090 005.5 M M 500*200 [000041 50)1050 (020541 20Eti0010D}, 1050E NOM 073401 (AST 0 45110070 Co 607.30-6051 M ME 5101 PONT *4 (*00050 0 M 40TE0 *501 454400E 5411001 001 OR M 5051001E07 010020 Cr RE 00.2055 01 55*5(0 01*5)1 10441 50150 111010- EAST A 1)12125 00.10-1011 TO 0* 50N OF 1600114E 737 Araks IF4Leue kno, sew imy-o °°Mut tha-,oao7) E1.11-02 SURVEYING SERVICES /YAW PIAT !GIP Reception!753016 07/25/2000 00 3522 411 Jean Rlbericc 31 of 54 Rec Fee:$271,00 Doc Fee:0.00 GRRFIELD COUNTY CO 'lat Map n Subdivision es Property 35 Acre Exemption in the NW1/4 of Section 24, to 96 West of the 6th P.M., inty, Colorado VICINITY MAP SCALE. 0'=2000 OWNER/APPLICANT: SPEI2AUTY RESTAURANTS CORPCRATICN 0191 EAST KAISER BLVD. ANAHEIM, CA 92608 714-279-6100 SURVEYOR; TUT BLIA(CRAESSIIC SEROCES GLENW00D SPRINGS. CO 81601 970-928-9706 ENGINEER: BOUNDARIES UNLNITEO INC. 823 BLAKE AVE.. SUITE 102 0.1141OOD SPRINGS, CO 91601 970-945-5252 PLANNER: 1414 144 400..E Area BAKER -400124-140U0 P.O. BOX 931 BRECKENRIOCE. CO 60424 970-453-6860 Lot P 4.070 1.01 12 2.326 Lot 13 2.255 Lot 14 7.234 Lot 15 3.007 Lot 16 3405 pop Snne. 16 486 A/R 90 A/R/RO A/R/R0 A/R/RO T.BO. Paned Law T.B.D. 0485.10 Lona T.B.O. Montag Lone T.B.O. Planed Roy T.B.O. Pioneer gay 7.0.0. Mooed. Woy Told Lot Area 33,763 01.5 61911-0.1-.08 Area 1296 K 3 Told Subdivision Nea 35.079 AC.* Existing Zoning . A/R/RD Proposed Rimini; - A/R/RD Told Nombre al Lots Proposed -6 Told Number of 0.44519 Unite Pr0pO19d -6 10101 Mw of proposed 90-1964412(90 flow mope -O Told Number of IndiL6dud (Sling Roposai lag Eod4 SI4oc*ure -1 Totd Number of Proposed 071-511191 Perkin Spode - 6 . 4 .24 AverageProposed Gross Proposed Lot ArArea. - 2.883 Ades S y 5.647 Acros ILn9 Each Lot CanloMe at Least 2.0 Aon 01 Useod. Span exclusive of 409+ mopes. Ms flood Wain. w r'g111-e1-07• WEREESSoi ,0905 & Monique Speakman 4 C CO Counl9Rood 7 52 81635 2409-244-00-124 Puckett Land C0000ny 6 eeA.004 4990. CO 90111 2409-242-00-106 Podell Land Company 5460 S. (Meow* SL St.. 250 Oreen.004 Woos, CO 80111 2409-133-00-013 Travis Meted* 509 523.10* CL Pweah0te, CO 91635 2409-242-00-155 11116161 -1110112 - Ede. 904111 Ede. CorporoUm P.O. Bo. 2000 No2slan, TX 77001 Exxon 0909000900 P.O. Box 53 Houslan, TX 77001 ,1044 9. 520091 P.O. Bea 1926 Me. CO 81650 .bon L. 52089. 5953 County Rood 320 0100. CO 61650 • 1141 41 YEN 9'! MSB 1965004 M 009906 0900101 1959090*15 1400601000 8 INC 6.6 6 1401 404 PROPERTY 12485096 ITISViES4 m1. e0* Pte. 45 554415 00 0600099 ANo BEND 2 PANT 6 M LAID SAWED 9 M 051/4 Of 421491 24. WNW LON (490044 10001 AS 0.963 1 00 M 131404 t CRANES 9000801 35 .109E (410000. AS PLATTED 00 1(10 N M 031148 681011 CLERK 210 06C0o115 (BOX N 9410004 1144 _ k A5 910.9 a M /6601244748 RAT. 500 BEµ 1NNNEN*Y BEAD X000 PARTICULARLY OESCRH.D *5 101.004 0001400 01 A P611 0 M 40600101 6 M CAST 1110 6 5210 6/4 0 5EC10N 24 ANO OR NOUN 0261-6-911 LAE 6 0.41111020 200 INENCE 54.99 TILT; MNCE µ0G 5480 MATH 606-6-603 10E 24 �CC80n ROM 220 OR MC roLl0RN0 1GO3' MN ARROW CAD 660 111 PlACE TC COIRSB14ARS SCUM 00751! LAST • DISTANCE I) INC ANC 6 1 C0RL0 TO M 161 11646 RET. 5.0 ORM H•XNC • omen 0 2]46 RET. • MOW 214E 0 1010'00'. 040 A WINO 280510 KW 500TN 017232' NEST • 951040E O 109,0 OMT; 2) 48116 505248 61'47'001REST A 0151241 6 23.40 RE14 2) MMI µOND 111. ARC 6 • 1101-T406141 9.480 TO M 00.11 mars 40411. 510 ORM HW145 A WKS 6 650.50 TE10. A 2691.111149E 6 211731, ANDA 09190 X404 01116 NORTH 69®'441 5551 A 061040E 6 312.75 66 4) 006 116. M MRC 0 • 1ERENTE 000 TO M 160 6132 0111. 520 CW( 12410 • RAMS Cr 272.60 RET. A CENTRAL ANGLE 6 1794148'. 210 0 0410 9404 NEARS 491114511720' 0E55 • 0501016 D 81.03 15E11 48116 ALT.1060114166166 LR9120071nE0 ran M 10.LOONG TIN CIOCOMES: 1 04 M 0011116K6 M 2609900 .416 4) MTN 4906'27 EAST A. OS.. OF 314.26 REI; 2) 40 410. 54.13-1661 A 05606 O 77600 666 1) MIKE 500111 112516. 6510 *513116 6 175.42 514C1: 4) 141.0E 5046 30156.70. 4051 A 951014 6 19001 01E5; 5) 114146 5010 2676251 LIST • OVTA1. 0 276.96 REI; 6) 4814 50109 22149. 1091 1 061.110 6 27615 16E6 7) MTA 30201 120712 EAST • plasma 6 1946 RFT: 4) G A 1:451002 OF 125.39 FEET; 9) 11481.46 401111 6736'16' 46 5006 01650957 EAST A 061042E 6 49670 09E5; 10) M1CF 50191 05175'57 6000 2 0614810E 6 23173 RET TO A POW 0 M 1050 LK 6 520 191/4 O SECTON 34 5•. EP4.1. 0 11 C 15. EAST 1616 TAT SAO OINING 15879 •SAES 110/1. CV 016111 24 5020* 003934 EAST A 0511446 Cr 119536 TUT 10 M96411 6 19081!81 1NAT SID OMEN NOS 001140 M 520 TEM PROR093 5894475499 919551E AS PICKER 601 9160109044.1 5011011504 6 • PART 6 (486910 C0466. 07.69200. IRO 548 011.1 DOES NOWT DEDICATE 740 SET *0141 ALL 0r M 511QTS MO ROWS 9014 ON M 00005140440 RAT TO ME USE 0 M POW FOREVER. BE 4411426 61' Te 40(0'4445 /400001 0ARO NOW 0616115 10 M RCC 290145 M000 PO IPIX 6 5A0 RLL 051161? 4600 NE LIMO AS 215201 EASEMENTS 0 M AEp1P41N0 RAT AS 5191191µ 54301.0195 110 M 44661.16161 2104421919440140 0 0114140110 noo 40ERPI0N2 MES 440 9691 RN1M 41401 NWT CE NORM MO 101055 (00 2009 WEB CAM .51.0.41404 002 nen 0000 LBW 15004 9(1 9190 6696615 40 .015 .101. BE *141X0 N • 18•.200 A10 MOENT 4.4000. 061 SAD OMEN 065 14E093 DEPOAR TO M 101016695 •5110041499 0909: 001041 6 SID BEN 171409E0T0 9004 ARE LABELED AS OPEN SPACE. 41445?, 005119. 05041404 •4o 94196 1.01050415 04 M 205004851929 119 AS R05.104 4059(44610 M 6904ED USE 0500 0144 PIPE 1190144401.0. 4E AND ST NCTUE5: NO 910006 OF 505161115 ALIO EM2 SIE TO 926 11101 907011 991.1.00E 5440 063IE0 10 1 N�7LLA101 � 0.41160466 6 011*** G 765' 11000440 BLIT LOIN 1T 001 TR 9.1( 5111 D 09011101 DATER 00, PR 11ES A10 SOOOTUTES1 Nowa 5500010 AAO Azo RAT 018.005638 10 WW1 .0410 0 15070X(405 RAO 0E 126910 BY INC SEWN 0 RRO4A1E. 401 97 M CORM 6 020[LO 0 N1IYESS .XREO 520 11001 NAS WISED TO NW TO BE WORM SS95GH0 915 DAY 6 ___________ AO.. 200 Br 294 q 114351[1. 0014311 BM E DA5 1 Et. 6.061164 0510001 4214, U 92659 51111 6 48 CC6 M 40100011 011500110 NAS •021094192➢ BEEQE K ' S___ -_ DAT 200 I915(S W TWO Il0 Sµ 6110210469014 cow. _--- NOTARY 48.4..1. 260401.19. 37FRE0 ALEN 101111, CO WREST 6.117 5.441 1 4 A 261215112160 LY0 911130 SAN=D DOER M 10X5 OF M 5121E 6 COL02D0. THAT TNS RAT 8 A THE. PEWEE" *10 COMPLETE RAT 0 M *0001 GLEN 9®X94. "A 1EWBErd 0 6 FARM 1 OP M COM 10 PANES 500911 35 251E (1410105 AS LAO OTT, RATTED 66051A.R0 200 91014 IEIEO, 101 511 RAT W NAM IN ME 917611 4 101.1110 51191630f 500 PROKTITY 16 YE AND 94EN15ON *9 511E 440 59000 PVI M GLOM 4SWUM= AM 12691096 1WAS TOE 0100AAP0IG0LTION ANO 0 ST10N5 7050OF IRE 10 016, 0 0 M EASEMN91®N190 0 90510 IS SNOUTS OF 91D ..MS 408010 , 0ASL SE1 113 ohm •1D 9:48 TIM On, PORE59004. 4420 5114810 932820 - 765304/YY 111100 I '411. AN •19001ST 116430 TO FRACT6 LAN 0 M STATE 0 069000. 90 1(1211 CERTIFY THAT RORER 9.47 1005 1116 410004°4904011 609 92gsweo 1 09W*NEPLAT 1110 1140 W OLWDD M1ort SYM3559904 19ns co ANY DOM 076 50001756 4104. 5 6 NUM AND 11190457 DATE: 1115 PLAT. 051511011E 01 M 90210 6 001019 000115501.16 0 000E10 ODOR 00201*802018 _-- OAT 6 TO FILM .TN M REAL ARD WOMEN 6 COMM CENTY 010 10 C01ETA 0 N M comfy 6 M W6112 01.00120 500.1 1EBE0: 94CC5 TO INC 5110,6101 MAT 11041001. N NO DAY MOWS0216010 1911111 701 M 19400(48 0 9A9161IC1N0 6 W10LEIOIT5 0 4ND5. 1:*1*100 912`11 900 M 110 oR ORW1010 4001 OCW EXCEPT Ta 940 02401.11.04:0 AWED 05148 oR NMC 00410NITE 010 0 1,1,0011 0S MD 00001.11 BOBO GC 4010 [110 2611419 005 A00T6 004 ___- .MSS X1' 11/10 AO 56AL 6 M 100410 0 GAR.. ATVS WNW COW enrri (094195085 refiveraIr' •515190.10 TOR CONTENT M0 100 SALT TIO NOT M 00014016 9140; C*411N108 OI DRAFTING 04)854441 70 CAB, 1473. 20-51-101 ND 126 (1115®} GAMER)0195 AAMOYOR DATE: per EIp !1 09.5 [[.MfAR_ RFs RAT RAS RFU 410 RECVO N M COWS 6 M 0,101 A10 0260 6 510010 COMM COLOURS Al ___- *0.90 _JA. 1445 -___ OAT RP . 2006 4 919[ AT •6- DEWITT0 N0. 01494 42 5610CR DAWn PIONEER CLAIN SUBIIIYISION t 4RPYEL° COUNTY, COLO.RJ 'O ammo ARS ,1..2 e/4/te WOMMTIMBOWMIWIEW 1 ort 1111KnIrgiiMIAVAVICietiNK1110,Ci 11111 Reception#: 753016 07/25/2008 09.36:22 AM Jean Albericc 32 of 54 Rec Fee$271.00 Doc Fee:0.00 GARFIELD COUNTY CO Corm) Ae. s Iwe1..nn Mum. Coo cspuu 6-tna. 1.111.4a• 00.1M40VJOY e.OG_ .. MI.7.46' 4.•N.Of, oapnrat rtt.rn- LLL d 699 666R T1 ON Final Pioneer GIe Parcel 1 of the Lynch & Char A Parcel of Land Situated in the NW1/4 of Section Garfield Co -- r .v Ito. /F" {ts.} L194 97,323 SF 2.234 Act Lots 131,045 SF 3.008 Ace 70' etc= ueurr e Liv r°E II I.ROMG 1 SUle.te — e^r] s — Lot 3 98,249SF , $' ..z.:: , AT ry I 2.255 Act .4"'"....''Lott •••�•� --,/1147., 47., I� t. 4 JO' ALYESq 177,124 SF WV. ♦ I WM. A / i 4066 Act "5.... �r LOT In OOI L _ _Lot_ � .� [x1. 4 ♦ \ 100' mar GtTJ01F 31.4( _ ?, \ 11061 SA, PAM 513 \ 1.746.. L.tq.i\ 1.60.www Fork, e o n\ �.J C.. LS /593.3 Fauna 2,4mM un I ♦\ \ \♦ c.,1`scfm. .ur rr .0 \. -a \ sew cum -1 H°°' �` \ \ EASEMENT \ prb_g3 I I BOCK 669 PAGE 777 \ ` 9O., e. VAe741-1 OEL6E Loll 1 101,247 SF 2324 Act AIN, *mar mol em`ammeal maw Am.. pews — Anna Ma 5AEON AM asta.a.zn.Comer SIRPAIET 727 Xsf�—a (XIX 947-20 1.' 81601 1 T�2 `J TUTTLE SURVEYING SERVICES "JI2t PUT AMP °lat Map n Subdivision 1111 Pin. ,tlrLfiliNi,LCL •IIIf71IIrfilMIIiii.NlIi 11 11 1 Reception#: 753016 0792512008 08:36:22 RM Jean Rlberico 33 of 54 Rec Fee:$271.00 Doc Fee.0,00 GARFIELD COUNTY CO les Property 35 Acre Exemption ?4, Township 7 South, Range 96 West of the 6th P.M., unty, Colorado 0/03.3 ANON 0. wAL 03 was 30.03-30 Open Space 718,285 $F 16490 Act ¢aorta Colorado River [OCE WATER 003331 CONNINT 0331.0%0 wAAL 03 ion 330-03-0-130. CRAPI{I( CALF: LEGEND O NpCs1Es RAPID vpaMNr AS [(SORBED • Mr RS REata .1N REO PLASM 4V LS ORM 118 KM ROO:PLAN valER EA6ACE BOUNDARY LRLRwr11 txrnos na1NB r mnaw EWING 10. CONCUR OPSR• CARER. CARMAN LMO ENVELOPE TS N la[ ROW OEN1p6ME PRTRn 088 LCA NE LFMo8NE [151110 LDIF Q GRAVEL D3S1WIG max ENS11.1010 OLencw ELEC1oO mem© mmrTr t-_-.7 rFamsrcrt- 0+0,0 ©s assn era i ENrr: ii � mi:Z.TT'iErE{T'cicWIrdF7'1 •': �F7 is 51'1 �T•^� Ewa cm�?-ra •ET1E:aLR 1::7':1 mr?� ERPF srt� o sf�-a mai �a RFi 5151.51, �Emn3 Silaxsa ays,r• gra E m2rmw =a= ENE= ��aMIOrr�cs�w���r� is: EnFz +M�av MM1IMM ��: ��.a �s nem sra m ®srv�r.TFMM ETiI �-�� tixEi Ei&2rSitE1 �7 �-� cc�a� zssris�r:�o-;-s:9 ®af •MNarMasx.9IsRtsN mMrrrsTMETTMMERS1 mss: x -a �s cAMIM =721 MM=WI ©I 9E7Cit�FFi••.R.r.0\ril- iE: ERS E i i65R'-� mETANTrImmtviErumna NER1F'a -SZ esW:07..:i ®mm 7FSTSiiTMIlrli 7fi.�FFirS it 0•::x517ETm7�.^mc11' •tTiimcaor cammEry Td7ai••rrra�a 1mQTrINSM '>�'Tr i�ailL:'P,^ii'aif'i�i mmnmim t3:R!7 �iFFI!i mmmmorpraa'�'>xa... E%x'. YrmrsilEELit a:Tia7xamEYfFZia�^r'rtdYa r ®a^�T7al'f7� r,F-itF.�YL7amaG'�7'7r7:E2L'iim sr'a EEIETa•M• pl. i EEM Wir• E'QFT.LS7 Er aT!^1a.'7±ot 67 WIN E➢FF7Nurni�r,MEM arrrmwingsioNMEM MITIM11117721=B ® a.^iT.u7 M32MMI 7FiEi'R'3-*Pi a.r, ...,i.1 ®E}16F�•^ ..IMIEMSITFFM Mra•:3c71EN riN •'.':rFY'1 a�E:RP'a•.ett:.aJ aSF7 WtSrMMIR.f1rl 11 ER"1E�R}s�a IMMEMPIPWTVERII EffUTiE'F.�1'i EIMf'10EE'uaFv Ya mM7171•r1.1-1u4J INEMMJFi�FFF7'L a m Ef1FFl• r=a ■ MEM WWFAIM,S757 MEM WrIMM,c4t.,11 EIEM.71177.ri-i•rr1 MI ®E ':WEENTIMIN PIONE R GLEN SUBDIVISION C R IEZIJ COUNTY, COZOIU/ O BMX IR 7SS are 2,127040 2 ■1ll 11 .Ft!1f H .I41,t`,10,114't011Wh ii 11111 Reception#: 753016 07125/2008 08:36.22 RM Jean Rlberico 34 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B IDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN AND PERFORMANCE STANDARDS BOUNDARIES ■!II KFtT,i1.1tElitIVI OVIWCI*1ik11111 _UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS DESIGN AND PERFORMANCE STANDARDS Page 1 of 2 October 22, 2007 Reception#: 753016 07/25/2008 08:36:22 RM Jean Flberico 35 of 54 Rec Fee:$271.00 Doc Fee 0.00 GARFIELD COUNTY CO The Preliminary Plat Geotechnical Study by CTL -Thompson, Inc. indicated that the soil conditions of the property consist of up to about one foot of topsoil overlying sandy clay or silt over silty sand or slightly silty gravel with cobbles and boulders. The excavation of percolation test holes revealed soil conditions similar to those presented in the geotechnical study. Percolation test results ranged between 27 and 40 minutes/inch. Based on the available information and test results, site conditions are marginally favorable, but workable, for the installation of engineered ISDS's on each lot. Each ISDS installed within the Subdivision shall comply with the Garfield County ISDS Regulations and the following additional requirements: A. each system shall be designed by a professional engineer registered in the State of Colorado pursuant to Colo. Rev. Stat. §12-25-111 (1999); B. each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing of at least three (3) test pits at least twenty (20) feet apart and within ten (10) feet of the leach field footprint. C. each system shall be designed to adequately service the number of bedrooms within the residence, but no less than three (3) bedrooms; D. the tops of all tanks or risers extending there -from shall be surface accessible to facilitate system maintenance, monitoring and inspections; E. trench segments with at least (6) feet of separation shall be used whenever practically feasible. Monitoring pipes shall be installed at each end of each trench segment (minimum of two monitoring pipes) to allow inspection of field conditions. If a bed must be utilized, a single zone shall be acceptable. If mounding is required to establish (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed or mound is used, minimum of (2) monitoring pipes shall be installed at ends of the bed or mound; F. absorption fields or trenches shall adhere to minimum setbacks as regulated by the Colorado Department of Health, Guidelines on Individual Sewage Disposal Systems, most recent edition; G. proper mitigation (diversion) of drainage and flood irrigation for the absorption field or trench areas shall be included in the design and construction; 823 Blake Avenue I Suite 102 1 Glenwood Springs 1 Colorado 81601 1 Ph 970.945.5252 1 Fax 970.384.2833 BOUNDARIES UNLIMITED INC. Consulting & Civil Engineers 1111 FITIP111h111.14! LVICi 7101ti1 "i'LC ki 11 II I Reception#: 753016 07125/2006 08:36:22 RN Jean Rtberico 36 of 54 Rec Fee:$271 00 Doc Fee:0 00 GRRFIELD COUNTY CO PIONEER GLEN SUBDIVISION ISDS DESIGN AND PERFORMANCE STANDARDS Page 2 of 2 October 22, 2007 H. each system be designed with sufficient area specifically allocated for a reserve leach field to ensure that a future replacement is possible. The reserve leach field shall meet the same design criteria as the primary field and shall not be constructed over with driveways, buildings or other permanent structures; and I. discharges from in-house water treatment devices (water softeners, reverse osmosis systems, etc) shall not be disposed of through the ISDS system and septic tanks shall be fitted with an effluent filter. Following ISDS installation, each Owner shall provide the Association and Garfield County Department of Building and Planning with as -built drawings in relation to the other improvements on the Lot, to scale, depicting the location and dimensions of the ISDS facilities including the absorption field and monitoring pipes, all applicable design, operation and maintenance specifications of the system's manufacturer and written certification from the design engineer that the ISDS was installed in conformance with the requirements above stated and all applicable design specifications of the manufacturer. In the event the Association fails to properly implement and enforce the design and performance standards set forth in this paragraph, the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter upon the property and implement and enforce such standards at the expense of the Association or exercise any other right or power afforded under this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. The provisions of this paragraph shall not be amended or repealed by the Homeowners Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 823 Blake Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 PMBOUNDARIES UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS MANAGEMENT PLAN Page 1 of 2 October 22, 2007 1111K WARN f t41',10 11111 Reception#: 753016 07125/2008 08:36.22 RM Jean Alberico 37 of 54 Rec Fee$271.00 Doc Fee:0.00 GARFIELD COUNTY CO A. In order to ensure that each ISDS installed within the Subdivision is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Association. This management plan is not intended to provide for common ownership of the ISDS(s) or to provide common funding for the construction, repair or replacement thereof, such ownership and responsibility for construction, repair and maintenance to remain with the Owner. 1. In accordance with the above, the Association shall: a, retain at all times, the services of qualified personnel to inspect the ISDS(s) and to perform all maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply with the performance requirements set forth within the ISDS DESIGN AND PERFORMANCE STANDARDS. b. Inspect the operating components of each ISDS within (30) days of being placed into operation; thereafter, each ISDS shall be inspected every year and the septic tank pumped at the time that the solids (settled and floating) accumulate to a level of 20-30 percent of the effective capacity of the tank. c. maintain at all times written or other permanent records documenting the date each ISDS was inspected or tested, the results of such inspections or tests and the extent of all maintenance and/or repairs performed. All documents maintained by the Association pursuant to this provision shall at all times be available for inspection by Lot Owners and/or authorized representatives Garfield County. 2. The following provisions shall apply in the event the estimated maintenance or repair costs required of any ISDS exceed in total during any one calendar year, $1000.00: a. the Association shall give the Lot Owner and Garfield County Department of Building and Planning written notice of the nature and extent of the work necessary, to return the ISDS to good operating condition and/or bring the ISDS System within the performance requirements set forth within the ISDS DESIGN AND PERFORMANCE STANDARDS; and b. within (10) days of receipt of such notice, Owner shall at his or her own expense submit an application for an ISDS Permit to Garfield County to repair or replace the ISDS; and c. within (30) days of receipt of such Permit, Owner shall at his or her own expense cause to be completed, the repairs set forth within the notice. In the event Owner fails to complete such repairs within this the period to the satisfaction of the Association, the Association shall have the authority, 823 Blake Avenue I Suite 102 I Glenwood Springs 1 Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 BOUNDARIES UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS MANAGEMENT PLAN Page 2 of 2 October 22, 2007 1111 1011.1 .0 p11,14 ilini Cil i.'ll iilliii 11111 Reception#: 753016 07f25/2008 08:36-22 RM Jean Rlberico 38 of 54 Rec Fee:$271 00 Doc Fee:0.00 GRRFIELD COUNTY CO in addition to any other remedy provided within this Restatement, to take any of the following actions: i. to impose against Owner, a fine not to exceed $200.00 for each day in which the ISDS System remains unrepaired; ii. to complete on behalf of the Owner the required repairs to the ISDS. All costs included by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All un -reimbursed costs shall be a lien upon the Lot until reimbursement is made which may be enforced in accordance with the provisions of this Restatement; and/or 3. In the event the Association fails to properly implement and enforce the provisions of this management plan set forth in this Article, the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter the Subdivision and implement and enforce such provisions at the expense of the Association or exercise any other right or power afforded under this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the provisions of this management plan. B. To encourage the health and longevity of the ISDS system, the Owner shall consider the following; 1. Minimize the amount of water that goes down the drain, the better your system will work. 2. Minimize solids going down the drain. 3. Eliminate garbage disposals or keep the use of garbage disposals to a minimum. 4. Minimize grease and oils that go down the drain. 5. Use lint filters on laundry machine drains. 6. Keep sand and dirt out of the building drain. 7. Avoid flushing sanitary napkins or paper products other than toilet paper. 8. Do not use lye -based drain unclogger chemicals such as Draino, Oven -Off, or other strong cleaning agents 9. Do not put any "root deterrents" down the drain. 10. Do not pour paint thinner, pesticides, paints or photo lab chemicals down the drain 11. Minimize use of chlorine bleach and toilet additives. (from The Septic System Owner's Manual, 2000, Shelter Publications, Inc., Bolinas, CA 92924) C. The provisions of this ISDS MANAGEMENT PLAN shall not be amended or repealed by the Homeowners, Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 823 Blake Avenue I Suite 102 I Glenwood Springs 1 Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 1111 Ii'i F.ViriN61l1 ,1.1eVIVICIIIM:Viii l 11 11 1 Reception#: 753016 07/2512009 08:36:22 RM Jean Rlberico 39 of 54 Rec Fea,$271.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT C INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN 1II1INIFIV,lwi,ICANAN.lr G 4 :l i1441.i 11111 Reception#: 753016 07125/2008 08:36:22 R5 Jean PlberIca 40 of 54 Rec Fee,$271.00 Doc Fee:0 00 GARFIELD COUNTY CO Pioneer Glen Subdivision Integrated Vegetation and Noxious Weed Management Plan Garfield County, Colorado Photo 1. View from Stone Quarry Road North (Photo Pt. 1, Map, page 13). Clark Ecological Prepared for: Specialty Restaurants Corp. Attn: David Tallichet 8191 E. Kaiser Blvd. Anaheim, CA 92808 Prepared by: Bill Clark, Biologist Clark Ecological 1673 US HWY 50 Grand Junction, CO 81503 970-250-0275 In Coordination with: Boundaries Unlimited, Inc. Pioneer Glen Subdivision IVNWMP Page 1 of 13 ■Ill ��i����,��,«G�,�, 11111 Reception#: 753016 07f25/2068 08:36.22 PM Jean Alberico 41 of 54 Rec Fee:$271.CO Doc Fee.0.00 GARFIELD COUNTY CO Pioneer Glen Subdivision Integrated Vegetation and Noxious Weed Management Plan Introduction On August 22 and 29, 2006, site inspections of the subject property (see Map, page 13) located west of the Battlement Mesa RV Park, south of the Colorado River, and north of Stone Quarry Road (County Road 300) were conducted for the purpose of identifying appropriate topics for inclusion in an integrated vegetation and noxious weed management plan. Factors considered include soil type and texture, existing land management, absence or presence of listed noxious weeds and likely potential natural vegetation community. Landscape Setting Due to its location and complex topography where the Colorado River and its floodplain converge with the north slopes of the Battlements, Pioneer Glen Subdivision has three diverse vegetation communities. For a relatively small parcel of land, a complete native vegetation description is rather lengthy. Subdivision roads and areas with building potential are on the first terrace south of the Colorado River. Terrain is flat to gently sloping on this part of the parcel. Moderately steep to steep slopes along the east and southeast boundary are unsuitable for building and likely not to be disturbed (shaded areas on Map, page 13). A deep, ephemeral arroyo is well developed through the property. Along the 100 year floodplain boundary are vertical or nearly vertical drops to the floodplain (shaded areas on map, page 13). Soil where roads and buildings will likely be constructed is Nihill channery loam. Potts- Ildefonso complex is found on the steep slopes on the east and southeast of the parcel near where the street entrance to Stone Quarry Road is shown (Map, page 13). The active Colorado River flood prone area of the floodplain is torrifluvents soils (NRCS, 2006a) indicating high frequency aggradationldegradation riverine processes through the project reach of the river. Currently basin big sagebrush (Artemesia tridentata tridentata) with an understory mostly of cheatgrass (Bromus tectorum) dominates the flat or gently sloping usable terrain of the parcel. A sparse amount of thickspike wheatgrass (Elymus lanceolatus lanceolatus) and small burnett (Sanguisorba minor), a highly palatable introduced legume, can be found as understory in very limited areas of the basin big sagebrush meadow. In the arroyo through the project area can be found a few, single specimens of the listed noxious weeds, Russian olive and salt cedar or tamarisk. At the base of the steep hillside where it meets the sagebrush meadow, in a narrow band, is found a robust, dense shrubland vegetation community with basin big sagebrush, skunkbush sumac (Rhus trilobata), gambel oakbrush (Quercus gambeli), and yellow rabbitbrush (Chrysothamnus viscidijlorus spp.). The steep terrain above this shrubland has a robust, weed -free native vegetation community. In it are found Indian ricegrass (Achnatherum hymenoides), needle and thread (Hesperostipa comata comata), galleta (Pleuraphis jamesii), shadscale (Atriplex confertifolia) , and winterfat (Krascheninnikovia lanata). Clark Ecological Pioneer Glen Subdivision IVNWMP Page 2 of 13 ■111 F. FIVINIMINV,Ciali WINCICAli. 1111 Reception#: 753016 07/2512008 08:36,22 AM Jean Alberico 42 of 54 Rec Fee:S271.00 Doc Fee:0.00 GARFIELD COUNTY GO Photo 2. All major vegetation communities can be seen in this photo viewing north from Photo Pt. 2, Map, page 13. Areas within the 100 year floodplain are heavily impacted in spots. In addition to native willows (Salix spp.), skunkbush sumac, and cottonwood (Populus spp.) both russian olive (Elaeagnus angustifolia) and salt cedar (Tamarix spp.) are found intermingled with desirable wetland species such as hardstem bulrush (Schoenplectus acutus). The two invasive species are mostly located in narrow stands just above an elevation at or near the elevation of the flood prone width of the Colorado River, side channels and ephemeral, highly eutrophic backwater ponds and swales within the 100 year floodplain. According to the Natural Resources Conservation Service of the U.S. Dept. of Agriculture, 2006b, potential natural vegetation for Nihill channery loam, the only soil type affected by the proposal, includes basin big sagebrush (Artemesia tridentata tridentata), western wheatgrass (Pascopyrum smithii), needle and thread (Hesperostipa comata comata), bluebunch wheatgrass (Pseudoroegneria spicatum spicatum), Indian ricegrass (Achnatherum hymenoides), and a sub- species of yellow rabbitbrush (Chrysothamnus viscidiflorus spp.). Current Amount of Infested Land Needing Treatment Clark Ecological Pioneer Glen Subdivision IVNWMP Page 3 of 13 •101%1=Yrl11.0,lwihil liii'ANAIiNNICF ilia 4414/1111 Reception#. 753016 07/2512008 08:36:22 A1'1 Jean Alberico 43 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO While the majority of property is free of a density of listed noxious weed species, five Garfield County noxious weed species, in bold type in Table 1, were observed at locations shown on the Map on page 13. Common burdock, musk thistle, and Houndstongue plants were few in number. Nearly every notation for these four species on the map is for a single plant. Russian olive and salt cedar are few in number outside the 100 year floodplain of the Colorado River. Within the floodplain, both species are found in dense stands as described above. A few s ecimens can be found within the arro o. Photo 3. View north from riverbank. Photo 4. View north from Photo Pt. 4. Table 1. Garfield County Listed Noxious Weeds Present at Pioneer Glen Subdivision. Common Name*1 USDA Symbol Scientific Name Type** Acres Control Methods Common Burdock ARMI2 Arctium minus B A few plants For this property and plan, cut and dig rosettes and bolting plants is recommended due to small number of plants. Re -seed with aggressive grasses. Herbicides shouldn't be necessary due to low infestation although next year's rosettes may be greater in number. Thistle, Musk CANU Carduus nutans B A few plants Till or hand grub in the rosette stage, mow at bolting or early flowering. Not enough plants to warrant seed head, rosette weevils, or leaf feeding beetles. Spot spray herbicides in rosette stage. Houndstongue CYOF Cynoglossum officinale B A few plants Re -seed with aggressive grasses, remove at flowering or early seed, or apply herbicides at pre - bud or rosette stage. Russian olive ELAN Elaeagnus angustifolia P Heavy river bank Seedlings and sprouts easily hand -pulled when the soil is moist. Once established, cut -stump herbicide treatment most effective. Or, cut and bum stump. Salt cedar Tammarix spp. P Heavy river bank Here, cutting followed with immediate herbicide application or stump burning will be most effective. Re -plant with live plant materials. Effective long - term control typically involves a combination of treatments and requires a regional effort. *State of Colorado. 2000. Colorado Revised Statute 35-5-5. **A - Annual, B - biennial, P — perennial Clark Ecological Pioneer Glen Subdivision IVNWMP Page 4 of 13 111111 I' iP ,Ri,l ,I,C1 11,1FilniM1i46 11111 Reception#: 753016 07125!2008 08:36.22 AM Jean Alberioo 44 of 54 Rec Fee $271-00 Doc Fee.0,00 GARFIELD COUNTY CO A species found on the State of Colorado "C" list at 8CCR1203-19, Bromus tectorum, cheatgrass, is common throughout the basin big sagebrush meadow and will be a nuisance in re- seeding and landscaping efforts. (Photo 1 and 2, senescent vegetative component). Photo 5. Common burdock and houndstongue invading undisturbed shrubs at Photo Pt. 3. hardiness beneath senescent cheatgrass. Photo 6. Burdock rosette exhibiting extreme Recommended Treatment It is important to know whether the target is annual, biennial, or perennial to select strategies that effectively control and hopefully eliminate the target. Treatment strategies are different depending on plant type and are summarized in Tables 2 and 3. Herbicides should not necessarily always be the first treatment of choice when other methods can be effectively employed. At Pioneer Glen, the houndstongue and common burdock can be controlled mechanically. Salt cedar and Russian olive on the terrace and in the ephemeral arroyo should be cut followed by herbicide treatment on both or stump burning of Russian olive. Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds •Prevent Seed Production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If seeds develop, cut and bag seed heads. 2. Chop roots with a spade below soil level. 3. Treat with herbicide in rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage, before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production 1. Allow plants to expend as much energy from root system as possible, do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop, cut and bag if possible. 2. Herbicide treatment at bud to bloom stne or in the fall (recommended). In the fall plants Clark Ecological Pioneer Glen Subdivision IVNUVMP Page 5 of 13 ■III lid lVINWHI A IL94.G WAN 1I II I Reception#. 753016 07/25/2008 09:36:22 ACS Jean Alberico 45 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period of time, another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being formed on the roots at this time. 3. Mowing usually is not recommended because the plants will flower anyway; seed production should be reduced. Many studies have shown that mowing perennials and spraying the re -growth is not as effective as spraying without mowing. Effect of mowing is species dependent; therefore, it is imperative to know the species and its basic biology. Timing of application must be done when biologically appropriate which is not necessarily convenient. 4. Tillage may or may not be effective. Most perennial roots can sprout from pieces only 112" - 1" long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. Following any control treatment, appropriate seeding or re -planting is imperative. The seed mix of grasses in this plan does not include forbs or shrubs. Shrubs and native wildflowers are adversely affected by herbicides much as the weeds are affected. Shrub, forb and tree components of the vegetation community can be added after control of undesirable species has been attained. Best Management Practices In all cases temporary disturbance should be kept to an absolute minimum. All disturbances should be immediately replanted with the recommended mix in the re -vegetation section. In areas with slope greater than 3%, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro - seeding or mulching, imprinting should be done prior to seeding. If broadcast seeding and harrowing, imprinting should be done after seeding and harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. Herbicides: Difficult species respond better to application at one time of two or more modes of action (biological reason for plant death) rather than one. Local certified commercial herbicide applicators report best control using a combination of modes of action. It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, e.g. phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some come commercially pre -mixed and available over the counter, e.g. Clark Ecological Pioneer Glen Subdivision IVNIWMIP Page 6 of 13 1111 Pi 11111 Reception#: 753016 07/25/2008 08:36:22 AM Jean Alberice 46 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO Crossbow and Super Weed -be -Gone Max. Some of the most effective herbicides are restricted use and available only for licensed applicators. Non-professionals or landowners using herbicides must use the concentration specified. Herbicides generally do not work better at higher concentrations. Most herbicide failures observed by the author are related to incomplete control caused by high concentrations killing top growth before the active ingredient can be transported to the roots through the nutrient relocation process. Tamarisk can be controlled by five principal methods, four of which must be done during active growth: 1) applying herbicide to foliage of intact plants; 2) removing above ground stems by burning or mechanical means followed by foliar application of herbicide; 3) cutting stems close to the ground followed by application of herbicide to the cut stems; 4) spraying basal bark with herbicide; and 5) digging or pulling plants. In addition, The USDA has proposed release of two species of insects for tamarisk bio -control (Carpenter, 1998). Grazing: There is currently no domestic grazing. Grazing should enhance, not detract from integrated vegetation management including the control or eradication of listed noxious weeds. It is not practical to expect to be able to graze domestic livestock at Pioneer Glen except for 100% direct feeding. Mechanical: Currently, all listed weeds on site with the exception of salt cedar can be controlled mechanically by cutting and bagging plants with ripened seed heads, pulling, or cutting the tap roots a little below the soil surface on flowering plants, and cutting rosettes just below the soil surface this fall and next spring. It is recommended all plants with ripened seed heads be cut and bagged. Even with some seed drop, the effort will greatly reduce seed release and future mechanical control. Saltcedar and Russian olive both can be controlled mechanically. Saltcedar almost certainly will require follow up control. Control of both should be followed immediately by re -planting. At the wetland-riverine interface, appropriate species must be immediately re -planted. Alternative Methods: Musk thistle is not of sufficient density to introduce insects since there is insufficient numbers of plants to support a population. However, musk and plumeless thistle rosette weevil, Trichosirocalus horridus and, thistle defoliating beetle, Cassida rubiginosa, which feeds on the foliage of Canada, musk, and plumeless thistles (Sullivan, 2004) are available for use if future infestations occur. According to a USA Today, The tamarisk leaf beetle, Diorhabda elongata, was released in 2005 and may now be available for bio -control of saltcedar. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 7 of 13 ■1111WMP41111116111191MxrCIA*01111 11111 Reception#: 753016 07)25/2008 08,36:22 AM Jean Alberico 47 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO An alternative method to enhance the establishment of native plants whether by seeding or live planting is the application of vesicular-arbuscular mycorrhizal fungi (V/AMF). These fungi, mostly of the genus Glomus are symbiotic with about 80% of all vegetation. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin, 1995). Over-the-counter commercial products, which are better adapted to coating seeds when re -seeding and treating roots of live seedling trees and shrubs at time of planting come in powder form and are available from many different sources. Some applicators, including a New Castle company, collect and grow local accessions of V/AMF. The latter are applied to weed patches and are reputed to greatly increase competition of native plants with non-mycorrhizal species such as cheatgrass thereby affecting a non -chemical control of some noxious weeds. With the dense stand of cheatgrass in the sagebrush meadow, the use of V/AMF should be considered for all re -seeding projects including landscaping. Revegetation The soil type on the property supports diverse native vegetation. For all areas targeted for re- establishment of native biota, the recommended mix is limited to grasses. Due to the prevalence of cheatgrass and the potential need to use selective herbicides to spot treat perennials and biennials as well as unlisted but highly competitive nuisances, e.g. field bindweed and cheatgrass, no forbs or shrubs are included in the recommended mix. Table 4. Recommended Seed Mix and Drilled or Hydro -seed Rate for Pioneer Glen Subdivision. Scientific Name/Seeds per Pound Common Name/Preferred Cultivar No. PLS/Ft2 % of Mix by PLS Wt. Application Rate Lbs PLS/acre Achnatherum hymenoides 140,000 Indian ricegrass/ Paloma* 4 12.5 1.25 Hesperostipa comata comata 115,000 Needle and thread 4 15 1.5 Pascopyrum smithii 140,000 Western wheatgrass/ Arriba* 10 31 3.1 Pseudoroegneria spicata spicata 140,000 Bluebunch wheatgrass/ P7 10 31 3.1 Sitanion hystrix 192,000 Bottlebrush squirreltail 4 10 0.90 Poa canbyi 925,000 Canby bluegrass/ Canbar 4 0.5 0.19 Total 36 PLS/FT2 100 10.04 Lbs. PLS/AC *Accept no other cultivar for this site. (NRCS, 2006a), Colorado Natural Her tage Program, 1998. Seeding rate should be doubled for broadcast application. Preferred seeding method is multiple seed bin rangeland drill in standing or down dead vegetation with no soil preparation. Seed Clark Ecological Pioneer Glen Subdivision IVNWMP Page 8 of 13 1111 In F'ITirii,r411,11/2R,L 14.1.14, CG ki 11111 Reception#: 753016 07/25/2008 08:3622 AM Jean Alberico 48 of 54 Rec Fee:$271.00 Doc Fee 0.00 GARFIELD COUNTY CO should be bagged separately so each size group of seed can be metered at the appropriate rate. Applying a quarter pound over an acre with a species such as canby bluegrass is difficult and may require use of wheat bran or rice hulls or some other adjuvant to assist metering the small seeds at the appropriate rate. Alternative seeding methods include but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and re - harrow, preferably at a 90 degree angle to the first harrow, • hydro -seeding (most economical in terms of seed cost), and • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. • These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. Native forbs, shrubs and trees can be planted with appropriate concern for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed, particularly when mixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control and then coming back to plant live; containerized woody or flowering species in copses has been the most cost effective method for establishing the woody species component of the plant community. Upon completion of noxious weed control and establishment of native grasses, the following species are adapted to the site and can be planted. Best results can be expected from use of live, containerized plant materials. These species are available in containers of 10 in.3, 1 quart, 1 gallon and 5 gallon containers and are available locally from Rocky Mountain Native Plants, Silt, Palisade Gardens, Palisade, CO, or Dry West Nursery, Hotchkiss, CO. Other vendors may have native species depending on local availability at the time of need. Native willow and cottonwood can be planted by harvesting live cuttings from plants on site. The technique is well-documented. Willows can be planted from dormant cuttings or "sprigs" following these steps: Cut willow sprigs in the fall as soon as leaves have dropped and the ground is soft and wet. It is critical to plant willows as early as possible. This gives them a chance to develop good root systems before they leaf out in the spring. Planting too late is the most common cause of planting failure. • Willow cuttings should be at least three-quarter (3/4) inches in diameter, and bigger is better. Large diameter branches can be used. Cuttings should be at Least 14 inches long, but can be longer. • Plant cuttings by pushing the cut end into soft soil, or make a pilot hole with a sharp stick or pick. If you make a hole, be sure to compress soil tightly around the cuttings. At least two-thirds of the length of the cutting should be buried to give plenty of area for root growth. Sprigs should be angled slightly down stream. Clark Ecological Pioneer Glen Subdivision IVPJWMP Page 9 of 13 1111 F11117ailiii,WAIN 11111 Reception#: 753016 07125/2008 08:36:22 AM Jean Alberico 49 of 54 Rec Fee:$271.00 Doc Fee:0.00 GARFIELD COUNTY CO • Plant cuttings along streams or in gullies that have enough moisture to sustain them throughout the summer. You should not have to water the cuttings if they are planted in an appropriate area. Table 5. Recommended Shrubs and Forbs for len Subdivision Shrubs Scientific Name Common Name Amelanchier uthahensis Utah Serviceberry Artemesia tridentata tridentata Basin big sagebrush Atriplex canescens Four -wing saltbush Cercocarpus ledifolius Curl -leaf Mtn. mahogany Rhus trilobata Skunkbush sumac Forbs Achillea millefolium occidentalis Western yarrow Hedysarum boreale Northern sweetvetch Linum lewisii Blue flax Penstemon sirictus Rcky Mtn Penstemon Sphaeralcea coccinea Scarlet Globemallow Life Cycle and Management Calendars Figure 1 is a 2 year calendar for control and life cycle of biennial thistles. Table 6 is for the other species mentioned in the report. Clark Ecological Number of plants needed is based on the mature size of the species and, to a lesser extent, size of live plant material at time of planting. Temporary, supplemental irrigation for approximately 3 years after planting will greatly increase successful establishment of shrubs and forbs. Once established, the recommended species should not need supplemental irrigation. Many other native flowering species are available as containerized plants. Check with the local growers and nurseries for availability. Figure 1. Life Cycle and management calendar for biennial thistles. Helbiclde Application Appl. Year1 You 2 Hartzler, 2006. Pioneer Glen Subdivision iVNWMP Page 10 of 13 ■III 111111 Recept ion#! : 753016 07/25/2008 08:36:22 AM Jean Alberico 50 of 54 Rec Fee -$271.00 Doc Fee:0.00 GARFIELD COUNTY CO s Weeds Species Type* Jan Feb March April May June July Aug Sept Oct Nov Dec Common burdoek B germination rosettes bolt flowering - sccd set Iloundstonguc B rosettes --> prcbud flowering - sccd sct - Germination Thistle, Musk - 1st yr B germination roscttcs --> --> —> --> --> --> Thistle. Musk - 2nd yr B roscttcs --> --> --> bolt flowering seed set --> Russian Olive P germination Tamarisk P semi- dormancy --> leaves emerge flowering & sccd set growth flowering & seed set senescence & semi- dormancy Cut -stump herbicide 4 B = biennial; P = perennial Shaded areas indicate best control timing. After Sirota, 2004. Commercial Applicator Recommendations A certified commercial applicator is a good choice for initial control efforts. An applicator has the full range of knowledge, skills, equipment and experience desired when dealing with difficult vegetation. A reliable company whom the author endorses is: _Andy Julius, Certified Applicator's License No. 11210, Julius Ag, 2169 1-70 West Frontage Road, .Debeque, CO 81630, 970-379-6917. Reclamation farming with multiple seed bin range drills and related equipment is also available through Julius Ag. An alternative applicator using V/AMF and other natural products locally is: Alpha Natural, Inc., 1808 Road 245, New Castle, CO 81647, 970-984-2467. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non -approval. Certified commercial applicators will decide which herbicide to use and at what concentration. Landowners using unrestricted products must obey all label warnings, cautions, and application concentrations. The author is not responsible for inappropriate pesticide use by readers. References Barrow, J.R., and Bobby D. McCaslin, 1995. Role of microbes in resource management in arid ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. Gen. Tech. Rep. INT -GTR -338. Ogden, UT: USDA, For. Serv., Intermountain Res. Sta., 275 pp. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 11 of 13 ■III M.1.1147j,QJIi,Whf441',NIh,110:1404,'I ii �I 111 Reception#: 753016 07/25(2008 08 36:22 RM Jean RlberIca 51 of 54 Rec Fee.$271.00 Doc Fee:0.00 GPRFIELD COUNTY CO Carpenter, Alan T., 1998. ELEMENT STEWARDSHIP ABSTRACT for Saltcedar. The Nature Conservancy. Arlington, VA. 3Opp. Colorado Natural Areas Program. 1998. Native Plant Re -vegetation Guide for Colorado. Caring for the Land Series, Vol. III, State of Colo., Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver, 258 pp. Hartzler, Bob, 2006. Biennial thistles of Iowa. ISU Extension Agronomy. URL: http://www.weeds.iastate.edulmgmt120061iowathistles.shtml Sirota, Judith, 2004. Best management practices for noxious weeds of Mesa County. CSU Cooperative Extension Tririver Area. Grand Junction, CO. URL: http://www.coopext.colostate. edu/TRA/PLANTS/index.html#http://www.coopext.colostate. edul TRA/PLANTS/bindweedmite.html Sullivan, Preston, G. 2004. Thistle control alternatives. Appropriate Technology Transfer for Rural Areas, National Sustainable Agriculture Information Service, Fayetteville, AR, 9 pp. United States Department of Agriculture, Natural Resource Conservation Service (NRCS), 2006a. The PLANTS Database (http://plants.usda.gov, 7 September 2006). National Plant Data Center, US Department of Agriculture, Baton Rouge, LA 70874-4490 USA. United States Department of Agriculture, Natural Resources Conservation Service. 2006b. Soil survey of portions of Garfield County, CO. Available online at: http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx Accessed 25 August 2006 Clark Ecological Pioneer Glen Subdivision IVNWMIP Page 12 of 13 ■III IIIIIu Friviniiiiiiilyeldelikompe.NRii pi 11111 Reception#: 753016 07/25/2008 08:36:22 AM Jean Plberico 52 of 54 Rea Fee:$271.00 Doc Fee 0.00 GARFIELD COUNTY CO Legend: ARMI2 = Common burdock CANU4 = Musk thistle CYOF = Houndstongue ELAN = Russian Olive TARA = Salt Cedar Colorado River / / TARA i ( Large, mid -channel North i f Pioneer Glen Subdivision Integrated Veg. and Noxious Weed Mgmt Plan GPS Locations: Bill Clark, Clark Ecological, August 22 & 29, 2006. Accuracy: ± 9-50 Feet. Map: Dave Brantz, Boundaries Unlimited, Inc. September 12, 2006 Clark Ecological Pioneer Glen Subdivision IVNWNIP Page 13 01 13 ■IIIKFrir AlialiiiMIOVIN154'10,1114 11111 Reoep4.ion#: 753016 07/25/2008 08:36:22 AM Jean Alberico 53 of 54 Rec Fee:$271,00 Doc Fee:0.00 GARFIELD COUNTY GO EXHIBIT D WILDFIRE MITIGATION PLAN 1111 kiel. FIT,IMIi I1V ,lrlkiAi ilriniVlf+lilyti'4VON U1111 Reception#: 753016 Exhibit D 0712S/2008 08 36:22 RM Jean Rlberico CO 54 of 54 Rec Fee $271 00 Doc Fee:0.00 GARF1ELo COUNTY vILD FIRE MITIGATION PLAN The ground surface of the property slopes downward to the north and northwest. A deep channel runs along the western boundary of the site and conveys runoff into the Colorado River, which runs through the northern end of the site. The majority of the parcel is comprised of cheatgrass interspersed with moderately dense sagebrush. The area within the banks of the western channel and within the 100 -year floodplain of the Colorado River is densely vegetated with wetland plant species and several cottonwood trees over 15' tall. Wildfire fuel sources are classified as light, moderate and heavy. Grasses are rated as light fuels, shrubbery & sage are rated as moderate fuels, and trees are rated as heavy fuels based on the intensity of the fires they produce. Ladder fuels are vegetative materials that provide vertical continuity from the ground surface up into the branches of trees. The continuity of the fuel source is the measure of the fuel hazard that includes horizontal and vertical continuity. Ground slopes increase the continuity of the fuel hazard. The proposed building sites are located in areas that can be classified as having a moderately heavy to heavy fuel hazard since they are within the existing, cheatgrass and sagebrush fields. The combination of cheatgrass and sagebrush will burn fast with a high intensity. Fire protection waters shall be provided by six 2500 gallon tanks, one located on each lot. Each tank is fed by one of six wells located on each lot. The well and tank systems include a pump and are controlled at each of the proposed buildings. Additional mitigation measures for the site shall include landscape design criteria and maintenance practices with the intent to limit horizontal & vertical continuity. The following design standards shall be implemented: • If used, individual propane tanks are to be placed in a location where they are not subject to damage, and combustible materials are to be kept a minimum of 10 feet away from tanks. • Trees greater than 15 feet in height at maturity shall have a minimum spacing of 10 feet between the edges of the crown. Dead trees shall be cleared and removed. • Spacing between clumps of brush and/or shrubs shall be 2.5 times the height of the vegetation. • The maximum diameter of the brush and/or shrub clumps should be two times the height of the vegetation measured at the crown of the vegetation. • All ladder fuels should be removed from under brush, shrubs and tree canopies. • Non combustible ground cover (gravel) should be placed under trees, brush & shrubs to the edges of the crown, or the vegetation should be pruned to a height of 10 -feet above the ground or 1/2 the height of the plant, whichever is least. • Lawns should be kept to a maximum height of 4 inches. • Brush should be removed around the perimeter of all residential structures for a distance of 2.0 times the height of the brush or completely removed within 10 -feet of any residence and trimmed down to a height less than 5 -feet within 20 -feet of any residence. • Sprinkler systems are recommended, but not required for new construction. To aid in the location of structures by fire personnel, addresses should be posted where the driveway intersects with the road. Letters should be a minimum of 4 inches in height, 1/2 inch in width and be in contrast with background colors.