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HomeMy WebLinkAbout1.0 ApplicationJOHN W. SAVAGE, P.C. ATTORNEY AT LAW THE RIFLE HOUSE 201 RAILROAD P.O. BOX 1926 RIFLE, COLORADO 81650 May 6, 1998 Mr. Eric McAfferty Garfield County Planning Dept. 109 8th St.. Ste. 303 Glenwood Springs, CO 81601 Re: Ponderosa Subdivision Final Plat Our File No.: 673.1 Dear Eric: PHONE: (970) 625-1470 FAX: (970) 625-0803 Enclosed is the complete Final Plat filing for Ponderosa Subdivision, including the following: 1. 3 copies of the Final Plat 2. Subdivision Improvements Agreement 3. Certificate of Taxes 4. Subdivision Covenants and HOA Articles of Incorporation and By -Laws. 5. Copy of Office of State Engineer letter dated 3/16/98 approving the Ponderosa Subdivision Water Supply Plan 6. Receipts showing payment of the Final Plat Application fee and School Impact Fee. 7. ISDS Management Plan I believe that the enclosures address the issues raised in your letter of 4/28/98 as follows: 1. TAX CERTIFICATE: Enclosed 2. Enclosed SIA reflects requested revisions. 3. School Impact fees paid, see enclosed receipt 4. The complete water supply plan was submitted with Preliminary Plan and has since been approved by the Office of the State Engineer (letter enclosed). Please advise if any additional information regarding the Water Supply Plan is required. 5. ISDS Management Plan enclosed. John W. Savage letter to Eric McAfferty, GARCO Planning Dept. May 6, 1998; 2 of 2. 6. Final Plat Dedication revised to conform to appendix. 7. Articles of Incorporation and By -Laws of Ponderosa Sub- division of Garfield County Homeowners Association en- closed. Section IV of the Covenants have been revised to delegate covenant enforcement authority to the HOA. Please advise if any additional information is needed. Mr. Rose is anxious to get started on construction of the improve- ments and needs Final Plat recorded as soon as possible to get his financing approved. Ver truly yours, .hn W. S -/acre Enclosures xc: Kenneth Rose w/encl. Mar -18-98 12:45P Kenneth S. Rose MAR -18-,998 12 02 DIV WATER RESOURCES 970 625 4454 P_01 303 866 3589 P.02,02 STATE OF COLOFDO OFFICE Of THE STATE ENGINEER Division of Warer Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver. Colorado 1s0203 Yfione E303) 866-3581 FAX (303) 866-3589 Mr. Eric McCafferty Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 March 16, 1998 Re: Ponderosa Subdivision SW%• Sec. 5, T5S, R93W, 6TH PM W. Division 5, W. District 39 ,4i Ro) Romer couch<N James S. lud'+hr-d Executive ) COV tidi 0. Simpson Stare Engineer Dear Mr.. McCafferty: We have reviewed the December 10, 1997 report by Zancanella and Associates, Inc., concerning the above referenced proposal to create two single family lots on a parcel of 8.56 acres. The proposed water supply is to be provided through a shared well (permit no. 46729-F) and two springs, one of which has been improved. The springs were decreed in consolidated case nos. 95CW11/96CW166. Irrigation is to be treated as a supplemental demand. As noted in our previous letters. permit no. 46729-F was issued pursuant to a water allotment contract with the West Divide Water Conservancy District, and allows the well to be used for ordinary household purposes inside two single family dwellings, the irrigation of a total of 24,000 square feet of lawns and garden, and the watering of domestic animals. However, a previous report by Zancanella and Associates, Inc., indicates that the well has not been able to provide an adequate supply for the existing home, thus requiring the establishment of the springs as an additional water supply for the proposed use. The December 10, 1997, report concludes that in a dry year the production of Spring No. 2 may be reduced to 500 gallons per day which would require the development of Spring No. 1 (conservatively estimated at 250 gallons per day) to provide for in-house uses for the two dwellings. The report further concludes that the combined production of the springs would be adequate to supply the 700 gallons per day for in-house uses. Mr. Rose also has an agreement with the Bureau of Land Management (BLM) wherein the BLM agrees to subordinate a portion of the BLM water rights decreed in consolidated case no. 95CW11/96CW166 to Mr. Rose's water rights decreed in the same case. Per discussion with Janet Maddock of the District, depletions from the springs are covered under the existing water allotment contract. Therefore, pursuant to Section 30-28-136(1)(h)(I), C.R.S., based on the above information it is our opinion that if sufficient storage is provided the proposed water supply is adequate for in-house uses and will not cause material injury to decreed water rights. Water for other uses may not be available in dry years due to reduction in spring flows_ if you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, N\'„9ASDJ42_, Steve Lautenschlager Assistant State Engineer SPL/CMUponderosa 2.doc cc: Orlyn Bell, Division Engineer James Lemon. Water Commissioner. District 38 NOTES RECEIPT DATE No. 4887 RECEIVED FROM • � ..l! •' ,1710. •+4.0 b FOR_�°� �Q C U 4'�!L( S ct, • (53 BV C•� 01997 ® 6Ll1• DDRESS �`� �O ACCOUNT ANT. OF ACCOUNT ANT. PAID BALANCE DUE ■ ■ 0 CASH CHECK 0 HONEY ORDER RECEIPT Received From Address long 142 Date 19 For y •.t L . ACCOUNT 2k,PAID AMT. OF ACCOUNT AM1 PAID BALANCE DUE CHECK MONE Y ORDER . 8399 til›—I3a! tars $02(V Qr) CERTIFICATE OF TAXES DUE Certificate 981585 STATE OF COLORADO COUNTY OF GARFIELD ORDERED BY:JOHN SAVAGE ss. NOTICE I, the undersigned, do hereby certify that the entire amount of Real Estate taxes due upon parcels of real estate property described herein, and all sales of the same for unpaid real estate taxes shown by the records in my office, from which the same may still be redeemed with the amount required for redemption, are as noted herein. ROSE, KENNETH S. 10286 HIGHWAY 13 RIFLE CO 81650-9526 010286 HIGHWAY 13 SCHEDULE DISTRICT 016048 016 2129 053 00 061 DESCRIPTION AMOUNT 5-5-93 ALL THAT PT OF BK 0569 BK 0563 BK 0653 BK 0687 BK 0924 TOTAL VALUE ACRES: SWSW LYING NELY OF ST. HWY 13 PG 0480 PG 0869 PG 0703 PG 0623 PG 0681 1950 8.560 1997 TAX * * * * TAXES DUE TAX DUE TTL DUE: $126.08 * * * * $0.00 $0.00 Taxing Entity Mill Levy Tax Dollars GARFIELD COUNTY - GENERAL FUND GARFIELD COUNTY - AIRPORT GARFIELD COUNTY - ROAD & BRIDGE FUND GARFIELD COUNTY - SOCIAL SERVICES FUND GARFIELD COUNTY - CAPITAL EXPENDITURES RIFLE & RURAL FIRE COLORADO RIVER WATER CONSERVANCY GRAND RIVER HOSPITAL DIST RE -2 GENERAL RE -2 -BOND COLORADO MOUNTAIN COLLEGE 8.985 0.133 1.724 1.234 1.579 6.881 0.307 5.597 29.593 4.679 3.944 Information regarding special taxing districts and boundaries of such may be on file or deposit with the Board of County Commissioners, the Clerk and Recorder, or the County Assessor. 17.52 0.26 3.36 2.41 3.08 13.42 0.60 10.91 57.71 9.12 7.69 districts County This certificate does not include land or improvements assessed under a separate schedule number, Personal Property Taxes, or Special Improvement District Assessments, Mobile Homes, or Severed Minerals unless specifically mentioned. Total Calculated Through 05/31/98 Total Taxes Due: $0.00 FEE: $10.00 IN WITNESS WHEREOF, I have hereunto set my hand and seal, on this date 05/05/98 GEORGIA CHAMF3 ALAIN Treasu▪ rer • of GARFIELD• County, Colorado by Deputy INDIVIDUAL SEWAGE DISPOSAL SYSTEM OPERATION AND MAINTENANCE The following tips and suggestions are intended to increase the useful life of your engineered sewage disposal system and to prevent disposal system failure due to neglect and abuse. MINIMIZE THE LIQUIDS Wastewater that enters the system can be minimized by practicing water conservation practices within your home. The less wastewater you produce, the less wastewater there will be to treat and dispose. 1. Repair leaky fixtures. Check the toilet by dropping food coloring dye in the tank and see if it shows up in the bowl prior to flushing. 2. Wash clothes only when you have a full load. 3. Take short showers instead of baths. Don't turn on the shower all the way and turn it off while lathering. 4. Install and use water saving fixtures and devices in your bathrooms, laundry rooms and kitchens. 5. Do not let the water run while washing, shaving, brushing teeth, rinsing vegetables, dishes, etc. Use a stoppered basin where possible. 6. Provide adequate drainage around the engineered system area to divert surface runoff from higher ground during storms or winter snowmelt. MINIMIZE THE SOLIDS Septic systems are "anaerobic" treatment systems. Digestion of solid materials is very slow and requires air or "aerobic" conditions to "disappear". The Tess material you put into the system, the Tess often it will require pumping. A good rule to follow is: "Don't use your septic system for anything that can be disposed of in some other way" 1. Avoid using a garbage disposal. Throw out scraps and other garbage with the trash. 2. Collect grease in a container rather than pouring it down the sink. 3. Minimize the disposal of paper products into the system. Nondegradable items such as disposable diapers, sanitary napkins, tissues, cigarette butts and paper towels are especially harmful to the system. ISDS Maintenance Page 2 of 3 4. Only three things should go into the septic tank: Human Wastes; Toilet Paper; and Water. 5. Ordinary household chemicals (bleaches, detergents & soaps) will not hurt the bacteria in your system when not used in excessive amounts. 6. DO NOT DISPOSE OILS, PAINTS, THINNERS OR OTHER TOXIC LIQUIDS INTO YOUR SYSTEM. SEPTIC TANK ADDITIVES Advertised chemical additives, bacteria, enzymes, etc. do not help solids breakdown in the septic tank and should not be used to reduce the need for pumping the septic tank. REGULAR INSPECTIONS Septic Tank: To inspect the septic tank, remove the manhole cover at the inlet end of the tank. Use a shovel to push the scum layer away from the side of the tank and estimate it's thickness. If the scum layer is 1 2" thick or more, arrange to have the septic tank pumped immediately. Replace the cover and wash off the shovel and your hands. For an average 3 or 4 bedroom residence, the pumping interval for the septic tank is usually between 2 and 4 years. Annual inspection of the septic tank should become part of your overall home maintenance routine. Dosing Tank or Pump Station: To inspect the dosing tank, follow the same instructions for the septic tank. However, there should not be a scum layer or sediments inside the tank. Check to see if the water level markings are consistent on the side of the tank. Variability indicates that the siphon or effluent pump is not operating properly. If the water level is near the top of the markings, wait for the siphon or pump to operate and watch for problems. The siphon has an overflow pipe in which the effluent will flow out of the tank by gravity. Should this be occurring, have the tank pumped and check the siphon openings to see ISDS Maintenance Page 3 of 3 if they are plugged. Filter Mound or Trench: Check the observation tubes regularly. Standing water near the same elevation as the natural soil surface (or higher) may be an indication of trouble. Look for seepage or excessive wetness near the base of the filter mound or trench area. SUMMARY A general inspection of the septic tank, dosing tank (or pump station), filter mound or trench area should be made each year. These inspections are best made during the wet season of the year. If these items are not routinely inspected, solids can carry over into the disposal areas from the septic tank and clog the system resulting in system failure and health hazard risk. AT■ 5"A' * -9:S/' - ACCOUNT 11 ■ *ALAN= DUE 0 CASH CHECK 0 MONEY ORDER BY 1997 RECIPORM. 81.16 't.ECEI PT RECEIVED F DDR SS DATE WO. 4886 66, /L. ACCOUNT AMT. OF ACCOUNT AMT. PAID BALANCE DUE 0 CASH CHECK 0 MONEY ORDER BY RECIFORM® 81.816 RECEIPT RECEIVED FROM ADDRESS ! Qr)k h FOR 3,4..44 Q.,r ACCOUNT AMT. OF ACCOUNT AMT. PAID DATE 5`-(f No 4887 ■ 0 CASH a -CHECK 0 MONEY DUE BALANCE —. ORDER BY _mss/. ids 1111®1997 SILS6 $ a m . c.K) ( k, .. .) IL -+r • REDIFORM® 8L816 RECEIPT DATE RECEIVED FROM ADDRESS 4888 ACCOUNT ANT. OF ACCOUNT AMT. PAID BALANCE DUE 01997 RECIFORM® 81.816 SUBDIVISION IMPROVEMENTS AGREEMENT PONDEROSA SUBDIVISION THIS AGREEMENT is made and entered into this day of , 1998, between KENNETH S. ROSE, 10286 Highway 13, Rifle, CO 81650 ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, Colorado ("County"); WHEREAS, Developer is the owner/developer of certain real property located in Garfield County, Colorado, described as a part of the SW1/4SW1/4, Section 5, Township 5 South, Range 93 West, of the 6th Principal Meridian and more particularly de- scribed on the Final Plat for the Ponderosa Subdivision, which real property is hereinafter referred to as "Ponderosa Subdivision"; WHEREAS, as a condition of approval of the Final Plat ("Plat") for Ponderosa Subdivision, Developer agrees to enter into this Subdivision Improvements Agreement ("Agreement") with the County; and WHEREAS, the County has required, and the Developer has agreed to complete certain improvements ("improvements"), as fol- lows: There are no public improvements required for this subdivision. NOW, THEREFORE, for and in consideration of the following mutual covenants and agreements, the parties hereby agree as follows: 1. Developer's Performance. 1.1 Developer has constructed and installed, or will cause to be constructed and installed, at its sole expense, the improvements. All improvements shall be completed within one (1) year from recording of the Final Plat, unless an extension of time has been granted, in compliance with the following requirements. 1.1.1 Geotechnical Engineering Study by Zancanella and Associates; 1.1.2 Stormwater Evaluation for Ponderosa Sub- division" prepared by Zancanella and Associates; 1.1.3 Water Supply Plan by Zancanella and Associates; Rose Subdivision: Subdivision Improvements Agreement April 7, 1998 DRAFT, Page 2 of 6. 1.1.4 Recommendations and comments from Rifle Fire Protection District; 1.1.5 All requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations; 1.1.6 All laws of the United States, the State of Colorado, the County of Garfield, and its various agencies and affected special districts; and 1.1.7 All Final Plat notes. 1.1.8 No improvements, other than driveways and fences, shall be constructed closer than 25' from the center flowline of the existing draw between Lots 1 and 2. 1.2 The County agrees that if the improvements are completed in accordance with this Agreement and Final Plat notes, Developer shall be deemed to have satisfied all terms and condi- tions of the zoning and subdivision laws, resolutions, and regu- lations of Garfield County, Colorado, including, but not limited to Resolution No. adopted by the County on 2. Security for Improvements. (No public improvements required) 2.1 On or before the date of recording of the Final Plat, Developer shall deliver an irrevocable letter of credit or other security, in form and amount acceptable to the County, suf- ficient to secure construction of the improvements. The security shall be valid for a minimum of six (6) months beyond the comple- tion date and any extension thereof. The letter of credit shall be issued by a state or national banking institution licensed to do business in the State of Colorado. The County may, at its op- tion, permit the Developer to substitute other collateral accept- able to the County for the collateral originally given by the Developer. 2.2 Completion of improvements shall be certified to by a licensed or registered engineer, stating that the improve- ments have been constructed in accordance with the requirements of this Agreement and shall bear the engineer's stamp. Upon re- view and acceptance by the County, the County shall release a proportionate part of the security for the completed improvements. Rose Subdivision: Subdivision Improvements Agreement April 7, 1998 DRAFT, Page 3 of 6. 2.3 If the County determines that the improvements have not been constructed in compliance with the specifications therefore, it shall so notify Developer within fifteen (15) days of County's receipt of Developer's certification of completion. If no such notice is given, the improvements shall be deemed to have been accepted and the County shall release the security as such related to the completed improvements. 2.4 If notice of non-compliance is given by the County, the County shall have thirty (30) days, from issuance of the notice, to conduct any investigation deemed appropriate, if any, and give notice confirming and detailing the grounds for as- serting non-compliance or accepting the completion certification. If the County finds, after investigation, that the improvements have been completed in compliance with the specifications herein, it shall release the security within ten (10) days of completion of its investigation. 2.5 If the County determines that the improvements are not in compliance the Board shall make written findings and issue a resolution setting forth the deficiencies and requesting pay- ment on the security. If the security is drawn on, the proceeds thereof shall be used to complete the required improvements. 2.6 No Final Plat shall be recorded pursuant to this Agreement until the required security has been received by the County and any impact fees required by this Agreement have been paid in full. 3. Water. All required water supply components have been constructed and are in operation. Ponderosa Spring No. 2 may be developed in the future to increase the domestic water supply, but such development is not a requirement of this agreement. All water system construction, development, and maintenance costs are the sole responsibility of the developer and/or lot owners. 4. Indemnity. To the extent allowed by law, Developer agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of Developer's installation of improvements pursuant to this Agreement. How- ever, Developer does not indemnify the County for claims made as- serting that the standards imposed by the County on Developer are improper or the cause of the injury asserted. 4.1 The County shall be required to notify Developer of receipt of a notice of claim or notice or intent to sue and shall afford Developer the option of defending any such claim or action. Failure to notify and provide such option to Developer shall extinguish the County's rights under this paragraph. Noth- ing herein stated shall be interpreted to require Developer to Rose Subdivision: Subdivision Improvements Agreement April 7, 1998 DRAFT, Page 4 of 6. indemnify the County for claims which may arise from the negli- gent acts or omissions of the County or its employees. 5. School Impact Fees. Before execution of the Final Plat by the County, Developer shall pay to the Garfield County, for the benefit of Garfield School District No. RE -2, the sum of $ school impact fees ($ for each new lot within the subdivision. 5.1 The Developer specifically agrees that it is obli- gated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The developer agrees that subsequent to recording of the Final Plat, the developer will not claim, nor is the De- veloper entitled to, a reimbursement of the school, impact fees paid in conjunction with this Subdivision Improvements Agreement. 6. Miscellaneous provisions. In addition to the condi- tions, restrictions, and regulations stated on the Final Plat, Ponderosa Subdivision shall be subject to the following conditions: 6.1 The 30' access easement, as shown on the Final Plat, is a private road, for the exclusive use of the owners, agents, licensee, and invitees of the owners of Lots 1 and 2 and by public safety agencies. The driveway shall be jointly main- tained by the owners of Lots 1 and 2. Either such owner shall be entitled to contribution from the other owner for any required maintenance or repair performed by either owner. 6.2 All cut slopes created during construction shall be revegetated with native grasses using certified weed -free seed. Lot owners shall be responsible for weed control. 6.3 No lot within the proposed subdivision shall be conveyed prior to recording of the Final Plat. 6.4 A copy of the ISDS Operation and Maintenance guidelines attached to Developer's Preliminary Plan shall be de- livered to Developer's grantee, at or before closing. 7. Approval of Plat. The County agrees to approval of the Plat subject to the terms and conditions of this Agreement. 8. Enforcement. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this Agreement. In the event no action is commenced before issuance of the final certification of completion of improvements and ac- Rose Subdivision: Subdivision Improvements Agreement April 7, 1998 DRAFT, Page 5 of 6. ceptance thereof by the County, any purchaser's rights to com- mence any action shall thereafter be extinguished. 9. Consent to Vacate Plat. If the County elects not to draw on the security and complete the improvements, the security is insufficient to complete the improvements, or Developer has otherwise failed to comply with this Agreement, the County shall have the ability to vacate the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. 9.1 If all or any portion of the Final Plat is va- cated, as provided for herein, the Developer shall, within thirty (30) days of vacation, provide to the County for its approval, an amended plat of the subdivision, showing the surviving lots, if any, and the vacated portions. Once said amended plat is ap- proved by the County, Developer shall record the amended plat. If Developer fails to provide and record the amended plat, the County may draw on the security for such purposes. 10. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Developer, his successors and assigns. 11. Recording. Upon execution, Developer shall record this Agreement in the office of the Clerk and Recorder of Garfield County. 12. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Garfield County and be construed pursuant to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and year first written above. PROPERTY OWNER/DEVELOPER BOARD OF COUNTY COMMISSIONER GARFIELD COUNTY, COLORADO BY: Kenneth S. Rose Chairman ATTEST: Clerk of the Board Rose Subdivision: Subdivision Improvements Agreement April 7, 1998 DRAFT, Page 6 of 6. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me on , by Kenneth S. Rose. My commission expires: Witness my hand and seal. NORWEST BANK OF COLORADO, INC. By: Notary Public STATE OF COLORADO COUNTY OF ) ss. The foregoing instrument was acknowledged before me on by , authorized agent for Norwest Bank of Colorado, Inc. My commission expires: Witness my hand and seal. Notary Public DECLARATION OF COVENANTS, WELL AND SPRING USE AND SHARED DRIVEWAY RESTRICTIONS PONDEROSA SUBDIVISION The Declarant, Kenneth S. Rose, 10286 Hwy. 13, Rifle, CO 81650, being the owner of the below described lands, hereby de- clares and adopts the following covenants to be applicable to the following described lands: That real property situated in the County of Garfield, State of Colorado, and being a part of the SW1/4SW1/4 of Section 5, Township 5 South, Range 93 West of the Sixth Principal Meridian, being more particularly described as: Beginning at the intersection point of the northeast- erly right-of-way of Colorado State Highway 13 and the north line of said SW1/4SW1/4, whence the south 1/16 corner common to Sections 5 and 6 bears S 89°49'00" W a distance of 232.46 feet; thence S 57°57'35" E along the said right-of-way a distance of 1282.63 feet to the intersection point of the said right-of-way and the east line of said SW1/4SW1/4; thence N 00°20'53" E along the east line of said SW1/4SW1/4 a distance of 683.96 feet to the southwest 1/16 corner of said Section 5; thence S 89°49'00" W along the north line of said SW1/4SW1/4 a distance of 1091.41 feet to the point of begin- ning, containing 8.56 acres more or less. I. COVENANTS: A. Soil conditions on site may require engineered septic systems and will require engineered building foundations based on site specific soils testing. B. The minimum defensible space shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread on sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guide- lines for Rural Homeowners" shall be used to determine defensible space requirements for the building envelopes within areas ex- ceeding five (5) percent grade. C. The individual lot owners shall be responsible for the control of noxious weeds. DECLARATION OF COVENANTS PONDEROSA SUBDIVISION; T.5S.,R.93W.:Sec. 23: Part of SWSW April 7, 1998; Page 2 of 4. D. One (1) dog will be allowed for each residential unit within the subdivision and that dog shall be required to be con- fined within the owner's property boundaries. Any other lot owner may maintain an action in County Court for removal of a non -conforming dog in the case of repeated violations. Lot 2, being a pre-existing residential unit, shall not be subject to this restriction while owned by Declarant. E. No open hearth solid -fuel fireplaces will be allowed anywhere within this subdivision. One (1) new solid -fuel burning stove, as defined by CRS 25-7-401, et seq. and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of nat- ural gas burning stoves and appliances. Lot 2, being a pre-ex- isting residential unit, shall not be subject to this restriction while owned by Declarant. F. All exterior lighting shall be the minimum necessary and all such lighting shall be directed inward, towards the inte- rior of the subdivision, except the provisions may be made to al- low for safety lighting the goes beyond the property boundaries. The existing yard light on Lot 2 shall be deemed to be conforming while owned by Declarant. II. WELL AND SPRING USE: A. Declarant hereby dedicates the Rose Water Well, Permit No. 185364; Ponderosa Spring Nos. 1 and 2 (Decree No. 95 CW 111); West Divide Water Conservancy District Contract No. 960510KR(a); and United States Department of the Interior Bureau of Land Man- agement Right-of-way Grant No. COC -59339 for use as the domestic water supply for Lots 1 and 2, subject to the terms and condi- tions of the Well Permit, Decree, West Divide Contract, Right -of - Way Grant, and these covenants. B. ALTHOUGH THE WATER SUPPLY PLAN FOR THE PONDEROSA SUBDI- VISION HAS BEEN APPROVED BY DECLARANT'S ENGINEER AND THE COLORADO STATE ENGINEER'S OFFICE, BUYERS ARE ADVISED THAT THE WATER SUP- PLIES FOR THESE PROPERTIES ARE SUFFICIENT FOR INHOUSE DOMESTIC USE ONLY AND THAT PROLONGED PERIODS OF DROUGHT, CHANGES IN LAW OR REGULATION, OR UNFORESEEN CHANGES IN THE SPRINGS, WELL, OR AC- QUIFERS MAY ADVERSELY AFFECT WATER QUALITY OR QUANTITY, EVEN TO THE POINT OF THERE BEING INSUFFICIENT WATER FOR EVEN IN HOUSE USES. Each lot owner's use of said water shall be at their sole risk, cost, and expense. Neither the Declarant nor Garfield County shall have any liability for any defects in water quality or quantity. DECLARATION OF COVENANTS PONDEROSA SUBDIVISION; T.5S.,R.93W.:Sec. 23: Part of SWSW April 7, 1998; Page 3 of 4. C. Each lot owner shall pay 1/2 of all costs of operating, maintaining and repairing said water sources and the associated spring boxes, well, pump, pipelines, storage tanks and any other appurtenant equipment. Each lot owner shall be solely responsi- ble for maintenance and repair of the service line to their re- spective residence. D. Under no circumstances may any party use said water for any other uses other than for one single family dwelling on each lot, pursuant to the Well Permit, Decree, West Divide Contract, and Right -of -Way Grant. E. Declarant shall have no liability for any variation or interruption in the water supply if the production from the springs and/or well is restricted or curtailed for any reason. F. Should the production from the springs and/or well be insufficient to supply all of the needs of each user, each lot shall be entitled to 1/2 of the water available for use. G. Outside irrigation uses SHALL be curtailed if insuffi- cient water is available for in-house uses for both lots. III. DRIVEWAY USE: A. The 30' access easement shown on the Final Plat and as- sociated Colorado Department of Transportation State Highway Ac- cess Permit No. 396126, dated 7/3/96, are hereby dedicated to the joint use and enjoyment of Lots 1 and 2. B. Each lot owner shall be responsible for 1/2 the costs of maintenance and repair of said easement. C. Each lot owner shall be solely responsible for initial construction, repair and maintenance of their individual drive- ways from the easement to their residence. D. Each lot owner shall be responsible for any extraordi- nary damage done to the easement by the owner or their agents, employees, contractors, invitees or guests. DECLARATION OF COVENANTS PONDEROSA SUBDIVISION; T.5S.,R.93W.:Sec. 23: Part of SWSW April 7, 1998; Page 4 of 4. IV. ENFORCEMENT: These covenants shall be a covenant that en- cumbers the above described real property and shall be a covenant running with the land and binding upon the successors and assigns of Declarant. Each lot owner is a third party beneficiary hereto and shall have the power to enforce compliance herewith by action at law or in equity, as may be appropriate. The prevailing party in any such action shall be entitled to recover their reasonable attorney's fees and costs. DECLARANT: Kenneth S. Rose STATE OF COLORADO COUNTY OF GARFIELD ss. Date: The foregoing instrument was acknowledged before me this day of , 19 , by Kenneth S. Rose, as Declarant. WITNESS my hand and official seal My commission expires: Notary Public Norwest Bank Colorado, N.A., successor to Regional Bank of Colorado, N.A., the holder of the first lien on said property, hereby consents to the imposition of these covenants and agrees that its security interest shall be subordinate and subject to these covenants. Norwest Bank Colorado, N.A. By: Date: STATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me this day of , 19 , by authorized agent for Norwest Bank Colorado, N.A. WITNESS my hand and official seal My commission expires: Notary Public