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HomeMy WebLinkAbout1.0 Application• • HAND DELIVERED JOHN L. KEMP ATTORNEY AT LAW 811 COLORADO AVENUE P. O. BOX 698 GLENWOOD SPRINGS, COLORADO 81601 PHONE (303) 945-5474 June 4, 1982 Mr. Paul Mannino Assistant County Planner Garfield County, Colorado Re: Peach Valley Acres Subdivision Dear Paul: As you know, I began the process of making application for final plat hearing in regard to the above subdivision on May 21, 1982, at which time I delivered to you a letter and numerous docu- ments listed thereon, which I felt completed the requirements of the subdivision ordinance for making such application. Since then, you called my attention to certain changes on the final plat that you felt were necessary, and certain additional items that were either unclear in your mind or that were necessary but had not been filed. I therefore picked up the final plat and copies from you and I am redelivering the same with this letter con- taining the changes you requested. You requested that the final plat be dated, contain the date of survey, the addresses of the owner and the mortgagee, among other things. These items have been added to the final plat. In addition, you made inquiry about the final plat failing to locate all major drainage channels. As I told you when I picked up the plat, I did not think there were any such drainage channels and that turns out to be correct after consulting with the engineers. That is the reason they are not shown on the plat. Also, you mentioned that there was no reference to any protective cov- enants. That is not true, and for this purpose, I call your atten- tion to the paragraph on the final plat following the legal descrip- tion which makes reference to the protective covenants and there is a place there for ultimately filling in the document number where they will be recorded. Also, you inquired about the eight -foot road dedication. It turns out there was an eight -foot corridor shown on the final plat along the north side of the property bordering the road. However, I had the engineer mark this with the words "road dedication". Therefore, this should satisfy all of your require- ments in regard to the final plat. By this letter I also wish to state that all supplemental in- formation furnished with the preliminary plat is valid for the final plat, and again reiterate that all conditions set forth at the pre- liminary plat hearing have been complied with. • • Mr. Paul Mannino Page 2 As I previously pointed out to you, the engineering plan and description are contained in the additional pages to the prelimin- ary plats which I previously delivered to you on May 21. The cost estimates for the improvements are contained in the exhibits to the Subdivision Improvements Agreement. I am also enclosing herewith a tax certificate from the Garfield County Treasurer showing that all ad valorem taxes have been paid. Also, the owners of the mineral rights on the property are Walter E. and Alice A. Castle, 35445 Highway 6&24, New Castle, Colorado 81647. To my knowledge, there are no mineral lessees on the property. Finally, you inquired about the public utilities which will service the property. As I advised you previously, this subdivision will be serviced by "all electric" with no natural gas going to the property. The cost estimate for installing the all electric service from Public Service Company is attached as an exhibit to the Sub- division Improvements Agreement. This should complete our filing requirements and I now request that you set this matter for a hearing before the Planning Commission as soon as reasonably possible. However, I believe I previously advised you that I would be out of town between June 14 and June 25, 1982, and I would therefore request that the hearing not be set during that period of time. Could you kindly let me know when the matter has been set for hearing before the Planning Commission? Thank you for your assistance and cooperation in this matter. Very truly yours, John L. Kemp JLK/mp Encl. cc: Mr. and Mrs. James Stevens Vet a. P. enteltel. en., n KKKKK 330.1e, • N? 8435 STATE OF COLORADO, t, County of Garfield (SS. 1, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales. as appears of record in this office, on the following described property, to -wit: Schedule #9091 --Perm. #2179 -013 -00 -358 --Stevens, Js. E. & Billie Rae VALUATION: $1,120 Certificate of Taxes Due Twp 6S, Range 92 West of the 6th P.M. Sec. 1 A tract in NESW cont. 30.41 Ac. 560/829 1981 TAX - $88.34 - PAID IN FULL JUNE 3, 1982 In Witness Whereof, 1 have hereunto set my hand and seal. this 3rd day of June , A. D. 1982 By ... Treasurer Of Garfield County, Colo. [Seal) Deputy • 4-1 Re<eived t-rom , t Addres. / /1 (/ t_' r '- ; For, s Dollars $/i') " ACCOUNT uNT r +a:fl tA.0,NCE 1 HOW PAID CASH CHECK MONEY ORDER RECEIPT71Date Received From 4 &),,2p By /_e:'(_. Address 5998 For (Ir; Li) -1 t/ Dollars $ -� J ACCOUNT t A.M t Of ACCOUNT HOW PAID CASH AML PMD BALANCE DUE CHECK MONEY ORDER f/ By RECEIPT Received From` Address Date r, 19 5999 I v --=c '/ Dollars $ !;C .� rL.Ci Gr ACCOUNT fro PAID AMT. 06 ACCOUNT AMT. PAID BALANCE E CASH CHECK MONEY ORDER By ..'C. c6r RECEIPT ^ 'Date " ' '� 19S1 6.000 Received ! ! ed From ( /?'7.)" ,ffi/ctf1 Address ACCOUNT AMT. OF ACCOUNT AMi. PAID BALANCE HOW PAID CASH J !�� ^Dollars $ /4) :^) A CHECK MONEY _CR_`R By • JORN L. KEMP ATTORNEY AT LAW MAY 2 4 198Z GARfIEID CO. PL WNER Mr. Earl Rhodes County Attorney Garfield County, Colorado Glenwood Springs, Colorado Re: Peach Valley Acres subdivision Dear Earl: H411 DELIVERED 811 COLORADO AVENUE P. 0. I30X 698 GLENWOOD SPRINGS, COLORADO 81601 PHONE 1303) 1145-5474 May 21, 1982 ovt I am enclosing herewith for your review a proposed Subdivision Improvements Agreement in regard to the above subdivision. In accordance with your instructions of yestereday I ask that you kindly start the procedure to get this subdivision through the Final Plat process. It is my understanding that this involves a referral at the next regular Commissioner's meeting to the Planning Commission, and following Planning Commission approval, a Final Plat hearing before the County Commissioners. The last time I talked to Davis Farrar, he told me that this process could not start until I had filed an original and three copies of all necessary submittals with his office. Since you did not indicate such was necessary to start the process, I have chosen to follow your advice and ask that you get us on the agenda for the next Commissioner's meeting for a referral to the Planning Commis- sion. However, to comply with Mr. Ferraris request I intend to file, next Monday, an original and three copies of the following documents: Final Plat with all necessary signatures attached Declarations and Restrictive Covenants Articles of Incorporation and Certificate of Incorporation for the Peach Valley Homeowners' Association Bylaws of the Association Deed conveying water rights Organizational Minutes of the Homeowners' Association A cost estimate for the public improvements Subdivision Improvements Agreement A copy of the well permit •1 • • Mr. Earl Rhodes, Esq. Page 2 A copy of the Augmentation Decree A check in the amount of $81 for the filing fee All preliminary plat conditions have been complied with, and this will be evidenced upon review of the above documents. In addition, I have arranged with the RE -2 School District to pay a fee of $200.00 per lot at the time of Final Plat approval. I assume this will be paid into the school trust fund. I hope this meets with your requirements and those of Mr. Farrar. JLK/mp Encls. cc: Mr. Davis Farrar Mr. and Mrs. James E. Stevens Ver truly yours, t// John L. Kemp • • RECORD OF PROCEEDINGS MINUTES OF INCORPORATORS' ORGANIZATION MEETING PEACH VALLEY ACRES HOMEOWNERS' ASSOCIATION, INC. The organization meeting of the Incorporators of Peach Valley Acres Homeowners' Association, Inc., was held at o'clock .M. on , 1982, at 811 Colorado Avenue, Glenwood Springs, Colorado. The following incorporators were present: James E. Stevens Billie Rae Stevens John L. Kemp On motion duly made and seconded, John L. Kemp was elected Chairman of the meeting and Billie Rae Stevens, Secretary thereof. They accepted their respective offices and proceeded with the discharge of their duties. The Chairman reported that on , 1982, the Certi- ficate of Incorporation of the Corporation was duly filed by the Secretary of State of the State of Colorado. The Secretary was directed to file the Certificate of Incorporation with the minutes of the meeting. The Chairman then presented to the meeting a proposed form of Bylaws for the regulation of the affairs of the Corporation. The Bylaws were read and discussed, and upon motion duly made and seconded, they were unanimously adopted as the Bylaws of the Corporation and ordered attached to the minutes of the meeting. The Chairman then presented a form of Corporate Seal to the incorporators for their approval. On motion duly made and seconded, such Corporate Seal, in the form impressed upon the margin of these minutes, was approved by the incorporators. The Chairman then stated that it would, at some time in the future, be necessary to open certain corporate bank accounts to handle the income to the Corporation from assessments to the various lot owners within the Peach Valley Acres Subdivision. Upon motion duly made and seconded, the officers of the Corportion were directed, at such future time as it shall be necessary, to open the necessary bank accounts on behalf of the Corporation, with whichever bank or banks the officers deemed it advisable to deal with, and to execute • • RECORD OF PROCEEDINGS the appropriate bank resolutions on behalf of the Corporation as would be required by the particular banking institution. The Chairman then stated that the next order of business was the election of a Board of Directors of three members, to hold office until the first annual meeting of shareholders. James E. Stevens, Billie Rae Stevens, and John L. Kemp were duly nominated. There were no other nominations. On motion duly made and seconded these nominees were duly elected to be the Directors of the Corporation until their successors were duly elected by the shareholders. The Chairman then presented a Quit Claim Deed from the developers of Peach Valley Acres Subdivison, James E. Stevens and Billie Rae Stevens, to the incorporators for their approval and acceptance. The Quit Claim Deed conveyed certain water rights owned by Mr. and Mrs. Stevens to the Corporation, to comply with certain Garfield County Subdivision requirements. The Deed also conveyed present and future well and water facilities and fire fighting facilities now in existence or later to be constructed by Mr. and Mrs. Stevens for the Subdivision. Mr. and Mrs. Stevens, being present, stated that the consideration for the Deed was to be an agreement, set forth in the minutes of this meeting, that upon completion of construction of the facilities the Corporation would manage, maintain, repair and operate the water rights, water facilities and fire fighting facilities in accordance with the Declarations of the Subdivision and the Bylaws of the Corporation. Upon motion duly made and seconded, the Deed was unanimously accepted by the Corporation, upon the condition hereinabove stated. Upon motion duly made and seconded, the meeting was adjourned. DATED: mes E. tevens Billie Rae Stevens J.hn L. Kemp WRJ-5-Rer. 76 COL ADO DIVISION OF WATER RESOUIVS 818 Centirial Bldg., 1313 Sherman St., Denver, Colora 020 RECEIVED SEP 2 4 1981 PERMIT APPLICATION FORM Application must be complete where (X) A PERMIT TO USE GROUND WATER applicable. Type or (X) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK. No overstrikes I, or erasures unless (X) REPLACEMENT FOR NO Reapplication for Permit 24716–F initialed. (X) OTHER Sop WnI-vr Cnurt• eriso Nn_ ROCW7R2, Div. 5 WATER COURT CASE NO LfATER RESOURCE; STATE ENGINE COW, (1) APPLICANT - mailing address NAME James E. Stevens and Billie Rae StevenE STREET Box 663 (14/E L/444.74,z CITY -G1enweed–Spr-gs , Colo. (State) (Zip) TELEPHONE NO 963-2321 (2) LOCATION OF PROPOSED WELL County Garfield NE Y. of the SW Y., Section 1 Twp. 6 So. , Rng. 92 W IN.S) (E.W) 6th P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet)' 15 gpm 5 acre feet Number of acres to be irrigated: 28 acres Proposed total depth (feet): Est. 120 ft. Aquifer ground water is to be obtained Colorado River Basin from: Stevens Subdivision Owner's well designation Well No. 1 GROUND WATER TO BE USED FOR: HOUSEHOLD USE ONLY DOMESTIC (1) LIVESTOCK (2) 1 COMMERCIAL (4) • no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) fCX) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City (state) (Zip) Will be a licensed Colorado driller Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No /97a2 1 2` 7 / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) USE OF THE WELL IS APPROVED PURSUANT TO THE COURT APPROVED PLAN FOR AUGMENTATION ENTERED BY THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 IN CASE NO. 80 -CW -282. ALL PROVISIONS OF SAID DECREE SHALL BE STRICTLY COMPLIED WITH. 2) A TOTALIZING FLOW METER MUST BE INSTALLED ON THIS WELL AND DIVERSION RECORDS SHALL BE MAIN- TAINED BY THE OWNER AND SUBMITTED TO THE DIVISION OF WATER RESOURCES UPON REQUEST. OWNER'S COPY APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE c2z/7/ 6— F MAR 08 19,82 MAR 0 8 3 5) THE LOCATION OF THE PROP . WELL which the water will be used must be indicated on the Use the CENTER, SECTION (1 section, 640 acres) for t —' -1—,./r + _ r --I-- — -1- -- :-41J-41--- -- 1 MILE, 5280 FEET + + + -1- - z 0 1- 0 W N t - and the area on diagram below. he well location. - — + 1- --I' -F NORTH SECTION LINE 1 - — + — I 1 1 - + - - I I ODIC--� iti .1; I I._ 1 I I SOUTH SECTION LINE -F + 4 + . I 1 -+-+-- m -4 -4 to m n 0 z r - z m -}- + — -}- — +- — -�- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WEI RMUST BE LOCATED BELOW by distant rom section lines. 1370 it from South sec. line (north or south) 2500 ft from West sec. line (east or west) LOT BLOCK FILING * SUBDIVISION (7) TRACT ON WHICH WELL James WILLE. and ;Billie Rae LOCATED Owner tevens No. of acres 30.41 Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing 7 in from 0 ft to 30 ft in from ft to ft Perforated casing 7 in from 30 120 ft to ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: 0) LAND ON WHICH GROUND WATER WILL BE USED: Cr.ner(s): James E. and Billie Rae Stevens gal description• See attached Exhibit "A" No. of acres: 10.41 _ DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal em to be used. In house and lawn watering nn 14 cipg10 family--s-we ?orP lDts in subdivision awn sizes will be severely restricted. Disposal wi11 be b ccording to county standards. 2) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used 30 shares of Ware & Irrigation Hinds Ditch 10.41 acrpc of NE SW of Sec. 1, Twp. 6 So., Rg. 92 W. 3) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. GNATURE OF APPLICANTS) Use additional sheets of paper if more space is required. • BY-LAWS OF PEACH VALLEY ACRES HOMEOWNERS' ASSOCIATION, INC. I NAME This organization shall be known as "Peach Valley Acres Homeowners' Association, Inc.", a non-profit Colorado Corporation, hereinafter referred to as the "Association". II OFFICE The principal office of the Association shall be at such location within the State of Colorado as the Board of Directors may determine from time to time. III PURPOSES The corporation does not contemplate pecuniary gain or profit, direct or indirect, to its members. The purposes for which it is formed are primarily to promote the common good and general welfare of the community, and in particular, of the property platted as Lots 1 through 14, inclusive, Peach Valley Acres Subdivision, Garfield County, Colorado, hereinafter referred to as the "Properties", to bring about civic betterment and social improvements, and for these purposes to: (a) The full utilization of, preservation of legal title to, and defense of, all water rights, ditch rights, storage rights and well rights owned by said Association including the water decrees and adjudications pertaining thereto. (b) Compliance with, and performance of, all obligations imposed upon such water rights by decrees of court or reasonable rules and regulations imposed by the Ware and Hinds Ditch. (c) Enactment of reasonable rules and regulations for the use within the subdivision of so much of said water rights, being 29 shares of the Ware and Hinds Ditch, as`may be used for irrigation purposes by the lot owners within the subdivision and limitation of well water to domestic, in-house use only. (d) Maintenance, repair, relocation or reconstruction of the well facilities, including the well, pump, water storage tanks, pumphouse and augmentation pond, and the main water lines distributing water to each lot throughout the Subdivision. • • (e) Maintenance, repair, relocation, or reconstruction of the fire protection storage tanks, hydrants and other similar facilities within the Subdivision. (f) Maintenance and repair of all irrigation ditches or drainage ditches within the subdivision. (g) Enactment of reasonable rules and regulations for the assessment of, expenditure of, and collection of the expenses of the Homeowners' Association from, or on behalf of, the various lot owners within the sub- division. IV DIRECTORS The affairs of the Association shall be managed by a Board of Directors. Initially, the Board of Directors shall consist of three persons, as set forth in the Articles of Incorporation. The number of directors may be increased by amendment of these By -Laws. If any vacancy shall occur in membership on the Board of Directors, such vacancy may be filled for the remainder of the unexpired term by majority vote of the remaining directors. Any director may be removed for cause at any time by a vote of two-thirds of all members present and voting at any special meeting of members called for that purpose. V DUTIES OF DIRECTORS It shall be the duty of the Board of Directors to exercise general supervision over the management of the affairs of the Asso- ciation and to receive and pass upon the reports of the President, and Secretary -Treasurer, and to direct the officers thereof in the general conduct of the Association. The Board shall have control of any books, papers, or documents of the Association in the hands of the officers. The Board may adopt reasonable rules and regulations governing the activities of the members and protecting and preserv- ing the Properties, to be effective upon approval thereof by vote of the members. VI OFFICERS a. The Officers of this Association shall consist of a President, a Vice President, and a Secretary -Treasurer, who shall be elected by the directors at their first meet- ing following the annual meeting of the members of the Association in each year. Such officers may be elected from the members of the Board of Directors and shall hold their respective offices for the term of one year or until their successors are elected and shall qualify, unless they shall resign, be removed or become disqualified; pro- • • vided, however, that until the first annual meeting of the members of the Association, the duties of the Board of Directors and officers shall be discharged by the three directors who are to serve as the initial directors, as stated in the Articles of Incorporation of the Association. b. Any two of the said offices may be held by the same person if the Board of Directors shall so determine, except the offices of President and Secretary -Treasurer. c. In case a vacancy or vacancies shall occur in any of said offices, the same may be filled for the remainder of the unexpired term by the Board of Directors. d. The Board of Directors may, in case of the absence of any officer or inability to perform his duties, remove such officer. e. The Board of Directors may, from time to time, appoint other officers of the Association, who shall perform such duties as may be assigned them. They shall hold such offices at the pleasure of the Board. VII DUTIES OF OFFICERS a. Duties of President: It shall be the duty of the President to preside at all meetings of the members and directors of the Association. He shall sign all certificates of member- ship, contracts and other instruments in writing authorized by the Board of Directors to be executed and the minutes of all meetings over which he may have presided. He shall be ex -officio a member of all committees and shall have the active management of and general supervision over the affairs of the Association. He shall perform such other duties as may be required of him by law, by these By -Laws, and by the Board of Directors, and in general shall perform the duties and functions usually pertaining to and vested in the pres- ident of a corporation. b. Duties of Vice President: It shall be the duty of the Vice President in case of sickness or other disability preventing the President from performing the duties of his office, to perform and discharge the duties and functions of the Pres- ident, and such other duties as may be required of him by the Board of Directors. c. Duties of Secretary -Treasurer: The Secretary -Treasurer shall be ex -officio secretary of the Board of Directors and of all standing committees. It shall be the duty of the Secretary - Treasurer to give proper notice of all meetings of the members and of the Board of Directors of the Association and to attend all such meetings and act as the clerk thereof; to keep, record and preserve the minutes of all meetings of the members and directors in appropriate books; to sign all such minutes as Secretary -Treasurer, and to perform like duties for any standing committees when required; to have the custody of the corporate seal and records of the Association; to attest the affixing of the seal to all certificates of membership, contracts and other instruments in writing executed under the corporate seal of the Association; to sign, issue and register all certificates of membership; and generally to perform such duties as usually pertain to the office of secretary and such as may be specifically assigned by the Board of Directors. The Secretary -Treasurer shall also attend to the filing of all papers and reports required by law to be filed. The Secretary -Treasurer shall be the custodian of the funds of the Association and of all securities, valuable papers and documents connected with and pertaining to the business of the Association which shall be kept in such depositories and in such manner as directed by the Board of Directors. He shall, from time to time, disburse the funds of the Association in accord- ance with directions from the Board of Directors. He shall keep a complete and proper record and account thereof and vouchers for all funds disbursed, all of which shall be accessible for inspection by the other officers or by the Board of Directors. He shall render to the Board of Directors, whenever they may require, an account of all his transactions and the financial condition of the Association, and perform such other duties as may be prescribed by the Board of Dir- ectors. At the discretion of the Board of Directors, he may be required to give a good and sufficient bond with sureties thereon for the faithful performance of his duties. VIII MEETINGS OF DIRECTORS a. All meetings of the Board of Directors shall be held within the State of Colorado at such place as may be designated by the Board and at such times as the Board may from time to time determine. A meeting may be called at any time by the President or any director upon three days' written notice to all directors, served personally or by mail or telegram. b. Any director may at any time waive the notice required to be given under these By -Laws, or action may be taken by unanimous written consent thereto. c. At all meetings of the Board of Directors, a majority of directors shall be required to constitute a quorum for the transaction of business. d. The order of business at any meeting of the Board of Directors shall be as the Board may determine at the time. IX MEMBERSHIP MEETINGS a. A regular annual meeting of the members of the Association may be held in the State of Colorado at a time and location to be designated by the Board of Directors. The place of the meeting shall be shown on the notice to the members of such meeting. -4- • • b. Special meetings of the members of this Association may be called at any time by resolution of the Board of Directors or upon the written request of not less than one-third of the members, or as may be provided by law. c. A written or printed notice of all regular or special meetings of the members shall be prepared by the Secretary of the Association and by him delivered personally to each member or mailed to the last known post office address of record of each member not less than 10 days nor more than 50 days before the date of such meeting. All notices of special meetings shall state the objects of the meeting and no business shall be transacted at any special meet- ing except that stated in the notice thereof. d. At all meetings of the members, 51% of the eligible votes of members must be represented either in person or by written proxy in order to constitute a quorum for the transaction of business. If less than a quorum be present the meeting may be adjourned until some subsequent date, no more than 60 days following the preceeding meeting. e. Representation by written proxy shall be allowed and the instrument authorizing the proxy to act at the meeting shall be exhibited at the time of such meeting when called for and filed with the Secretary -Treasurer. Cumulative voting shall not be permitted. f. All members shall be entitled to one vote for each lot. g. Any member may at any time waive any notice required to be given under these By -Laws. All the members may take action unanimously by signing a written consent thereto. h. Any issue, question, election of directors or other proposition that might be brought before an annual or special meeting of members may be decided by ballot dis- tributed and voted by mail, pursuant to instructions adopted by resolution of the Board of Directors; provided that at least 51% of the eligible votes shall be validly cast by return mail addressed to the Secretary -Treasurer of the Association or delivered to the Secretary -Treasurer. X MEMBERSHIP a. Membership in the Association shall be determined in accordance with Article IV of the Articles of Incorporation. Membership shall be appurtenant to and may not be separated from ownership of any lot. b. The Board of Directors shall have the power to suspend the privileges of membership, both those of the member and/or his designee, if, in the opinion of the Board, a member has violated any of the rules or regulations of this Association or is delinquent in paying his assessments. Any member whose privileges are suspended shall be notified in writing of such suspension 30 days prior to the date such suspension of privileges shall become effective. A member • • shall have the right to appeal such suspension directly to the Board of Directors prior to the effective date of such suspension. Suspension resulting from non-payment of assessments shall be removed upon payment by the member of all amounts then currently due, including interest. The term of suspension for reasons other than non-payment shall be left to the discretion of the Board of Directors. XI ASSESSMENTS Assessments shall be due and payable as prescribed in the Declaration. XII DAMAGE, DESTRUCTION AND OBSOLESCENCE The Board of Directors shall, in the event of damage, destruc- tion or obsolescence of any of the real or personal property of the Association, immediately determine the extent of damage and the cost of repair and/or replacement of such property and make the prescribed report of same to the insuror, if applicable. In the event the in- surance will not cover the entire cost of repair or replacement, the Board of Directors shall have the authority to repair or replace such property at the expense of the Association; provided, however, that the expenditure of funds in an amount exceeding $1,500.00 for any one proposed project must be approved by the members. XIII INDEMNIFICATION Each officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney's fees, or any settlement thereof, reasonably incurred by or imposed upon him in any proceeding to which he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Association, whether or not he is an officer or director of the Association at the time such expenses are incurred, except in such cases wherein such officer or director is adjudged guilty of willful malfeasance in the performance of his duties; provided that in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. XIV AUTHORIZATION No officer or member of this Association shall authorize or incur any debt or obligation on its behalf except by order of or pursuant to authority granted by the Board of Directors. • • XV FISCAL PROCEDURES a. All written obligations of the Association, including acceptances, contracts, agreements, deeds, and all other instruments in writing shall be signed with the corporate name by the President, or in his absence, by the Vice President, and the corporate seal shall be affixed and attested by the Secretary. b. All checks drawn on Association funds shall be signed with the corporate name by those officers, one or more, as may be authorized by the Board of Directors from time to time. c. The funds of this Association shall be deposited in such bank or banks, as the Board of Directors may from time to time determine. d. Unless otherwise decided by the Board of Directors, the fiscal year of the Association shall end on December 31 of each year. XVI PROHIBITED ACTIVITIES AND DISTRIBUTION OF ASSETS No part of the income or net earnings of the Association shall be distributable to or inure to the benefit of its members, directors, officers, or any individual; provided, however, that reasonable com- pensation may be paid for any services rendered to the Association, and payment and distributions may be made in furtherance of the pur- poses set forth in Article III hereof. No substantial part of the activities of the Association shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Associa- tion shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these By -Laws, the Association shall not carry on any other activities not permitted to be carried on by a corporation exempt from Federal income taxation under the provisions, appli- cable to this Association, of Section 501(c) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States or Colorado law). XVII GENERAL PROVISIONS These By -Laws or any part thereof may be amended, added to, or modified by the Board of Directors or by a two-thirds vote of the membership at any meeting called for that purpose upon notice in accordance with these By -Laws; provided, however, that the proposed amendment shall be set forth in full in such notice. These By -Laws incorporate by this reference the Declaration of Protective Covenants, Conditions and Restrictions of Peach Valley Acres Sub- division as recorded in the office of the Clerk and Recorder of Garfield County, Colorado. In the event of any inconsistency between said Declaration and these By -Laws, the said Declaration shall prevail. WE, THE UNDERSIGNED, being all of the members of the Board of Directors of Peach Valley Acres Homeowners' Association, Inc., a non-profit Colorado corporation, hereby confirm that the fore- going By -Laws of said corporation were adopted by unanimous vote of the Board of Directors on the day of 19 --r- 7;7 • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 80CW282 IN TI -IE MATTER OF THE APPLICATION FOR WATER RIGHTS OF JAMES E. STEVENS AND BILLIE RAE STEVENS IN TIIE COLORADO RIVER IN GARFIELD COUNTY • RULING OF REFEREE The above entitled application Was filed on July 15, 1980, and was referred to the undersigned as Water Referee for [water Division No. 5, State of Colorado, by the Water Judoe of said Court on the 12th day of August, 1980, in accordance with Article 92 of' Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The names of the structures involved are: (a) Stevens Subdivision Well No. 1, (b) Peach Valley Acres Reservoir. (c) The application also includes a request for approval of a Plan for Augmentation. 3. The names of the claimants and address: James E. Stevens and Billie Rae Stevens; P. O. Box 663; Carbondale, Colorado. 4. The source of the water for Stevens Subdivision Well No. 1 is a well having a depth of 120 feet, and being tributary to the Colorado River. The source of the water for Peach Valley Acres Reservoir is from diversions from Elk Creek, tributary to the Colorado River, Through the Ware and Hinds Ditch. The overflow and releases from Peach Valley Acres Reservoir will return to the Colorado River. 5.(a)The Stevens Subdivision Well No. 1 is located in the NESW!4 of Section 1, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the Southwest Corner of said Section 1 bears S. 60°24' W. 2,875 feet. (b)The East abutment of the dam forming the Peach Valley Acres Reservoir is located in the nEkSW1 of Section 1, T. 6 S., R. 92 W. of the 6th P.M. at a point whence the Southwest Corner of 80cW282 scW I.Ab.W.J'►f'�[.�.�"Y SS Ir. i'1 Jt.. �• -__ _ 1_-_ •-1�L 11I�• �tNllfyti�l���'LiY WNW • • said Section 1 bears S. 61005' W. 2,936 feet. 6. The use of the water for the Stevens Subdivision Well No. 1 and also for the Peach Valley Acres Reservoir is irrigation, municipal, domestic, fire protection and recreation. 7.(a)The date of initiation of appropriation for Stevens Sub- division Well No. 1 is February 1, 1980. (b)The date of initiation of appropriation for Peach Valley Acres Reservoir is June 17, 1980. 8.(a)The amount of water claimed for Stevens Subdivision Well No. 1 is 0.033 cubic foot of water per second of time. (b)The amount of water claimed for Peach Valley Acres Reservoir is 2.0 acre feet. 9. On March 27, 1980, Permit No. 24716-F was issued by the Office of the State Engineer for Stevens Subdivision Well No. 1, Subject to the following "conditions of approval": This well shall be used in such a way as to cause no material injury to existin water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. (1)A Decree for this appropriation must be obtained from the District Court in and for Water Division No. 5, State of Colorado. This approval is subject to the issuance of said Decree. (2)The pumping rate of this well shall be limited to 15 gpm or the actual yield of the aquifer, whichever is less. (3)The annual amount of groundwater to be appropriated from this well shall be limited to 5 acre feet per year. (4)A totalizing flow meter must be installed on the well discharge when this water is put to beneficial use. Diversion records shall be submitted, upon request, to the Division of Water Resources. 10. Neither Stevens Subdivision Well No. 1, nor Peach Valley Acres Reservoir have constructed and the water has not been applied to beneficial use. The Referee does therefore conclude that the application for water rights for Stevens Subdivision Well No. 1, and for Peach Valley Acres Reservoir should be granted, and that 0.033 cubic foot of water per second of time with appropriation date of February 1, 1980, is hereby awarded conditionally to Stevens Subdivision Well No. 1, subject to the "conditions of approval" of the permit as set forth in paragraph 9 above; and that 2.0 acre feet of water with aparopriation date of June 17, 1980, are hereby awarded conditionally to Peach Valley Acres Reservoir, provided always tgcpYsaid water rights are on the condition that n be applied to beneficial use within a reasonable time; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes that /—x.��C./.Y WJ._. �I....aU�+o���1 Jlnuws.l� _ �... `�'"—� L��y.'.yy Aw. W/J I.IW Y�PSliMK d�W'1►Y 1.y`�Vtiri •ek =11,40/641.., • • 80CW282 Application for a quadrennial finding of reasonable diligence shall be filed in March of 1985 and in March of every fourth calendar year thereafter so long as claimant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION 1. The purpose of the Plan for Augmentation is to assure a dependable legal water supply to the Peach Valley Acre development to be locate in Section 1, T. 6 S., R. 92 W. of the 6th P.M., in Garfield County. The development will consist of 14 residential units located on 30.4 acres of land. 2. For the purpose of evaluating the water requirements for the proposed development, it is assumed that each unit will be occupied by 3.5 people, using 100 gallons of water per capita per day of in-house domestic purposes, with 100% occupancy. In addition, there will be 26 acres of irrigated land within the development, including open space and that devoted to residential use. 3. Total water diversions necessary for the development will be 90 acre feet, of which 43 acre feet will he consumptively used. Domestic consumptive use using a septic tank/leach field treatment system has been determined to be 20 per cent of total in-house domestic diversion. Future irrigation consumptive use has been determined to be 50 per cent of total 'diversions. Reservoir evaporation loss will be less than one acre foot per year. 4. The Ware and Hinds Ditch, which will be used as a source of water for Peach Valley Acres Reservoir, has been granted the following decrees, priorities, etc., of which the applicant herein is the owner of 2.6 o: Decree Court Priority Number % of Adjudication Appropriation Amount Applicant Date Date (cfs) Ownership Original 15 5/11/1889 1st Enlarge- ment 57 5/11/1889 Supplemental 2nd Enlarge- ment 136 3rd Enlarge- ment 154C 4th Enlarge- ment 155 5th Enlarge- ment 157 4/17/1890 5/11/1889 6/15/1898 11/15/1397 12/18/1900 10/1/1883 5.0 2.6% 3/1/1886 6.5 2.6 % 3/1/1886 1.9 2.6% 5/1/1888 5.5 2.6% 3/3/1896 0.2 2.6% 4/18/1896 1.6 2.6% 10/8/1898 3.6 2.6% • a %) 1 4.a ai"4T}\1v/..l• ..�V4V7.1ti.+f •.4.RP sJLL�}il ✓••O.\IJ�/..��Y.}\.. a..— _--�Y��Ic ,-. p� • • • 80CW282 5. Applicants have historically used the water rights. described in paragraph 4 above to irrigate 30 acres of land. The average diversion has been 200 acre feet per year, and the consump- tive use has been approximately 48 acre feet per year. 6. Applicants intend to use Stevens Subdivision Well No. 1 to supply the in-house domestic water and a small amount of irrigation water for the proposed development. In order to prevent injury to senior appropriations, when there is a valid call on the well during the irrigation season, an amount of water equal to the diversion being made at the well, will be by-passed at the diversion point of the Ware and Hinds Ditch. In addition, when there is a valid call on the well during the non -irrigation season, releases will be made from Peach Valley Acres Reservoir in amounts sufficient to compensate for the amount of water consumptively used by the development. 7. The applicant will provide measuring devices and metering devices at the Reservoir and at the well as requested by the State Engineer or his representative so that the Plan for Augmentation can be administered in accordance with law. 8. If the Plan for Augmentation is operated as outlined in paragraph 6 above, the Plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, and the plan should be approved in accordance with CRS 1973, 37-92-305(3). The Referee does therefore conclude that the above entitled Plan for Augmentation is one contemplated by law, that if operated in the manner outlined in paragraph 6 above Senior vested rights of others will not be adversely affected, and that the Plan for Augmentation should be and hereby is approved. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 3c.7 day of , 1981. BY THE REFEREE: !^T: r Re eree j\.ater Division No. 5 State of Colorado i 80CW282 No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgement and Decree of this court; provided however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the Question of injury to the vested rights of others during any hearing commencing in the calendar years succeeding the year in which this decision is rendered. Y' • DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF PEACH VALLEY ACRES SUBDIVISION JAMES E. STEVENS and BILLIE RAE STEVENS, the Declarants herein, are the owners of certain lands in Garfield County, Colorado, more particularly described as follows: A parcel of land situate in the NE4 of the SW4 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way line of County Road No. 214, Garfield County, Colorado whence the northeast corner of said NE 4 SW 4 of Section 1 bears N 00°05'35" E 7.78 feet; thence along the east line of said NE 4 SW 4 of Section 1 on a course bearing S 00°05'35" W 1321.19 feet to the southeast corner of said NE 4 SW 4 of Section 1; thence along the south line of said NE 4 SW 4 of Section 1 on a course bearing N 89°55'44" W 1015.42 feet; thence N 00°04'08" E 1300.99 feet to a point on said southerly right-of-way line of County Road No. 214; thence along said southerly right-of-way line of County Road No. 214 the following courses: N 89°11'04" E 418.88 feet; thence 119.06 feet along the arc of a 2973.82 foot radius curve to the right, having a central angle of 02°17'38" and subtending a chord bearing S 89°40'07" E 119.05 feet; thence S 88°31'17" E 338.33 feet; thence 142.49 feet along the arc of a 386.02 foot radius curve to the left, having a central angle of 21°08'56" and subtending a chord bearing N 80° 54'14" E 141.68 feet to the point of beginning, containing 30.413 acres more or less. Declarants have subdivided said lands as the "Peach Valley Acres Subdivision" and have or will be recording the Final Plat thereof in the records of the office of the Clerk and Recorder of Garfield County, Colorado. Declarants desire that the uses of said lands shall be sub- ject to the covenants, conditions and restrictions hereof which shall be binding upon themselves, their successors and assigns, and shall be mutually binding and enforceable upon and by all purchasers of lots within the Subdivision. NOW, THEREFORE, Declarants hereby declare as follows: 1. Homeowners' Association. Declarants hereby state that the Final Plat of said Subdivision dedicates certain road, utility • • and drainage easements to public use. Declarants hereby state that they have organized a non-profit corporation in accordance with the laws of the State of Colorado known as "Peach Valley Acres Homeowners' Association, Inc." (hereinafter "Homeowners' Association"), and that Declarants shall convey all of the well rights and water rights, including 29 shares of the Ware and Hinds Ditch, to said Homeowners' Association. Declarants state that, prior to sale of any lots within the Subdivision, they shall construct the entire water system for said Subdivision, an aug- mentation pond, and irrigation ditches throughout the Subdivision and such ciation. owner or facilities shall be conveyed to said Homeowners' Asso- Upon conveyance of lots within said Subdivision each lot owners shall automatically become a member in said Home- owners' Association. Each and every lot owner agrees to be subject to, and abide by, the Articles of Incorporation and By -Laws of such Homeowners' Association, to work toward the furtherance of the purposes for which such Homeowners' Association is formed, the preservation of the property rights owned by it, and to abide by all of the rules and regulations which may hereafter be promulgated by said Home- owners' Association for the preservation of, restriction in the use of, maintenance, repair or improvement of, the property rights to be owned by said Homeowners' Association. Each lot owner further agrees to pay his, her or its proportionate share of the expenses incurred by the Homeowners' Association to accomplish the purposes for which it is created, said proportionate share of the expenses to be assessed to each lot owner as a monthly, quarterly, semiannual or annual charge. The purposes for which said Homeowners' Association is to be created shall include, but not be limited to, the following: (a) The full utilization of, preservation of legal title to, and defense of, all water rights, ditch rights, storage rights and well rights owned by said Association including the water decrees and adjudications pertaining thereto. • • (b) Compliance with, and performance of, all obligations imposed upon such water rights by decrees of court or reasonable rules and regulations imposed by the Ware and Hinds Ditch. (c) Enactment of reasonable rules and regulations for the use within the subdivision of so much of said water rights, being 29 shares of the Ware and Hinds Ditch, as may be used for irrigation purposes by the lot owners within the sub- division and limitation of well water to domestic, in-house use only. (d) Maintenance, repair, relocation or reconstruction of the well facilities, including the well, pump, water storage tanks, pumphouse and augmentation pond, and the main water lines distributing water to each lot throughout the Subdivision. (e) Maintenance, repair, relocation, or reconstruction of the fire protection storage tanks, hydrants and other similar facilities within the Subdivision. (f) Maintenance and repair of all irrigation ditches or drain- age ditches within the subdivision. (g) Enactment of reasonable rules and regulations for the assessment of, expenditure of, and collection of the expenses of the Homeowners' Association from, or on behalf of, the various lot owners within the subdivision. 2. Electric Utilities. All service lines for electrical energy servicing any improvements within the subdivision shall be constructed underground from the lot line to the service connection on the build- ing being served. 3. No Further Subdivision. The owners of lots within the sub- division shall be absolutely prohibited from further division or subdivision thereof. 4. Building Construction, Setbacks, Commencement of Construc- tion. The following restrictions, setbacks and construction require- ments shall apply to construction of improvements on lots within the subdivision. • • a. Improvements constructed shall be for single family resi- dential purposes only. b. Each single family residence shall have a minimum floor area of 1,000 square feet, exclusive of deck, patio, porch and garage area. c. No building constructed shall exceed 27 feet in height. d. All construction must be new. Modular or previously constructed buildings, or trailers, are prohibited. e. Construction of outbuildings shall be limited to horse barns or storage sheds, and such construction shall be aesthetically similar to the construction of the main residence. No more than two (2) outbuildings may be constructed on any parcel. f. The outside of all buildings shall be constructed of cedar, redwood, stone (not cinderblock), or brick. Siding must be left in a natural state or stained with earth -tone colors; no paint shall be allowed. All decks or wood porches must be of redwood construc- tion, including handrails. h. All roofs shall be constructed of asphalt shingles, shake shingles, or built-up material and shall be com- posed only of earth -tone colors. i. All buildings shall be set back at least 50 feet from the front lot line adjoining Peach Court; 30 feet from each side lot line and 10 feet from the rear lot line, except that the side lot line setback applicable to Lot 8 shall be 10 feet. All setbacks shall be measured from the inside edge of any easement within a lot. All fences must be of four strand barbed wire construction, woven wire construction, or split rail construction. No fence may exceed five feet in height. This restriction shall not apply to fencing around the commonly used facilities or reserved easements within the subdivision. k. No stove pipes may be located on the outside of any building. g• • • 1. No elevated gas or oil tanks, cisterns, or other elevated tanks shall be allowed on any parcel. All such tanks must be buried underground. m. After construction has commenced the principal residence must be completed for occupancy within one year after the date of commencement as stated on the building permit. n. All state and county zoning, subdivision and building laws and ordinances must be complied with. 5. Temporary Structures. No structure of a temporary character, trailer, basement, camp tent, shack, garage, barn, or other out- building shall be used on any lot at any time as a residence, either temporarily or permanently. Outhouses or temporary toilets shall be allowed only during periods of construction of the main residence. 6. Noxious Activities, Debris, Junk Cars, and Cleanliness. No junk cars shall be kept on any lot or on the roadway adjacent thereto; all such cars must contain current license plates and must be in good running order. The entire extent of each lot must be kept neat, clean and free of all debris. Weeds must be removed, exterminated or cut to ground level. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No light shall be emitted from any lot within the subdivision which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any such lot which is unreasonably loud or annoying; and no odor shall be emitted from any lot which is unreasonably noxious or offensive to others. Each lot shall be kept and maintained by the owner thereof in a clean, safe, attractive and sightly condition and in good repair. 7. Animals. There shall be allowed one cow and one horse, or a combination thereof totaling two, on each lot. Dogs and cats shall be allowed. Dogs must be kept on leash or fenced within the perimeter of each lot. No animals may be raised on any lot for sale to the public. No exotic animals such as reptiles or wild animals of any kind shall be allowed. Goats, sheep, ducks, geese, pigs and chickens will not be allowed on any lot. • • 8. Signs. No sign of any kind shall be displayed to public view on any lot, except one professional sign of not more than six feet square advertising the property for sale or rent or used by a builder to advertise the property during the construction period of any residence. 9. Trash and Rubbish. All trash, garbage and other waste shall be kept only in covered, sanitary containers. Newly created rubbish piles which cannot immediately be removed by an owner, or cannot be fitted into sanitary containers, must be removed by the owner at the earliest possible opportunity. 10. Obstructions. No structure shall be placed or located in any manner that will obstruct, divert, or otherwise alter the natural water drainage courses and patterns, and no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or alter such drainage. All diversions from irrigation ditches shall be made by pumping. No flood irrigation shall be allowed for any purpose. 11. Irrigation. Irrigation of lawns and gardens shall be by sprinkling only. 12. Prior to the issuance of a building permit for the con- struction of improvements on lots within this subdivision the County of Garfield may require that an unconventional sewer system be installed to serve such improvements. For example, an evapo- transpiration or mound system may be required. The cost of such systems are considerably higher than the cost of a more conventional type of sewer system. 13. Architectural Control Committee. An Architectural Control Committee (hereinafter "the committee") is hereby created to function as follows: a. The Architectural Control Committee shall consist of three members: James E. Stevens, P.O. Box 663, Carbondale, CO; Billie Rae Stevens, P.O. Box 663, Carbondale, CO; and A majority of the committee may designate a representative to act for it. Should a member resign or become unable to act, the other members can appoint a successor. By written petition signed by a majority of the lot owners, any commit- tee member may be removed. Such petition shall also name a successor to serve on the committee. At least two members of the committee shall be owners, or part owners, of lots within the subdivision. Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, wall, fence, or other structure whatsoever, upon any of the parcels herein- above described, there shall be submitted to the committee two complete sets of the plans and specifications for said work and no such structure or improvement of any kind shall be erected, altered, placed, or maintained upon any parcel unless and until the final plans, elevations and specifica- tions therefore have been approved in writing by the Archi- tectural Control Committee. Such plans and specifications shall be submitted in writing over the signature of the owner of the parcel or his authorized agent. Approval or disapproval by the committee shall be based upon the specific restrictions set forth in these covenants per- taining to construction of improvements on any parcel. In addition, approval or disapproval may be based on the quality of the proposed construction, adequacy of site planning, conformity and harmony of exterior design with neighboring structures, effect of location and use of improvements, landscaping, operations and uses, relation of topography, grade and finished ground elevation of the site being improved to that of neighboring sites, proper facing of main elevation with respect to nearby streets, and conformity of the plans and specifications to the pur- pose and general plan and intent of these restrictions. Approval or disapproval of the plans and specifications based on any of the matters set forth in the previous sentence hereof, as opposed to approval or disapproval based on matters specifically prohibited or allowed by these cove- • • nants, shall be made at the sole and, absolute discretion of the committee. The committee shall not arbitrarily or unreasonably withhold approval of such plans and specifica- tions. c. The committee shall approve or disapprove in writing said plans or specifications within thirty days from the receipt thereof. One set of said plans and specifications with the approval or disapproval shall be retained by the committee. In the event no action is taken to approve or disapprove such plans and specifications within said thirty -day period, the provision requiring approval of said plans and specifi- cations shall be deemed to have been waived. d. In the event the committee shall desire to grant a variance from the strict application of these protective and restric- tive covenants such committee may do so only by obtaining the unanimous written consent of two-thirds of the owners of lots described herein. e. Neither the Declarants, the committee members, nor their successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any owner of land affected by these covenants, by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans. Every person who submits plans for approval agrees, by submission of such plans, and every owner of any lot agrees, by acquiring title thereto, that he will not bring any action or suit against Declarants to recover such damages. 14. Covenants For Assessments: a. Creation of the Lien and Personal Obligation for Assessments. The Declarant, for each Lot within the Property, all of which are owned by the Declarant on the date of recording of this Declaration, hereby covenants, and each subsequent owner of any Lot, except only the Association, by acceptance of a contract or deed therefor, whether or not it shall • • be so expressed in such contract or deed, is deemed to covenant, that each of said Lots, except such Lots, or interests therein, as are owned by the Association, shall be and hereby is made subject to uniform assessments per Lot for the use and benefit of the Association and its members; and the Declarant and each subsequent owner do hereby covenant and agree, subject to the terms and condi- tions of this Declaration, to pay to the Association (1) annual assessments, for the cost of operation of the Asso- ciation, as applicable; and (2) special assessments for capital improvements. Such assessments shall become and constitute a lien on each Lot as of January 1 following the date such assessment is established, as to annual assessments, or as of the first day of the first month following the date such assessment is established, as to special assessments. The annual and special assessments, together with interest and costs of collection, including reasonable attorney's fees, shall also be the personal obligation of each owner of a Lot at the time the assess- ment became a lien. The personal obligation for delinquent assessments shall not pass to an owner's successors in title unless expressly assumed by them. b. Purpose of Assessments. The assessments levied by the Association shall be used for the purposes set forth in the preamble, including but not limited to promotion of the health, safety and welfare of the residents and the general community, for the improvement and maintenance of the com- mon facilities, and for the payment of taxes, utility charges and insurance premiums applicable to the Property, as the Board of Directors of the Association shall decide from time to time. c. Annual Assessments. Until December 31, 1982, the annual assessment for all members and their Lots shall be estab- lished by the Board of Directors of the Association at the initial meeting thereof. i. On and after January 1, 1983, the annual assessment may be increased or decreased each year by said Board of Directors, but shall not be increased more than 25% above the assessment for the previous year except upon approval of such action by a majority vote of the entire membership of the Association. ii. If the Board shall fail to establish an annual assess- ment for any year commencing on or after January 1, 1983, the annual assessment for such year shall remain the same as for the year immediately preceding; except that, upon approval by majority vote of the entire membership of the Association, such assessment may be increased or decreased as of the first day of any month. d. Special Assessments. A special assessment for capital improvements shall be made only upon resolution of the Asso- ciation's Board of Directors, followed by the approval of a majority of the entire membership of the Association. e. Payment. The annual assessments provided for herein shall be due at the beginning of each 12-month period, commencing January 1 of each year (or commencing on the date of the initial meeting of the Board of Directors of the Association as to 1982). Special assessments shall be due on the date they become a lien and shall be paid and collected in such installments with such dates of delinquency as may be pro- vided in the resolution establishing same. The annual assessment against each Lot shall be made by resolution of the Board of Directors at least thirty (30) days in advance of each January 1; provided, however, that the annual assess- ment for the Association's first fiscal year, ending Decem- ber 31, 1982, shall be made on the date of the initial meet- ing thereof. Written notice of all annual and special assessments shall be furnished to every owner. The Associa- tion shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been • paid, and such certificate shall be binding upon the Association with respect to any purchaser or encumbrancer relying thereon. f. Effect of Nonpayment of Assessments. Any assessment or monthly installment thereof not paid on or before thirty (30) days from the due date shall be delinquent and shall bear interest thereafter at the rate of 12 percent per annum until paid. The Association may bring an action to collect all delinquent assessments against the owner per- sonally obligated to pay the same, or foreclose the assessment lien against such owner's Lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common facilities or abandonment of his Lot. In addition to any other remedies herein or by law provided, the lien herein established may be foreclosed by an action in the court having jurisdiction over the Lots in the manner of foreclosure of common law mortgages, pursuant to the law and statutes of the State of Colorado, and subject to all the rights and duties therein provided, including redemption. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not release any such assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or delivery of a deed in lieu thereof, shall extinguish the lien of such assessments as to payments thereon which become delinquent prior to such foreclosure or transfer, but shall not relieve such Lot from the lien of any assessments or payments thereafter established or due. As used in this section, the term "mortgage" shall mean and include only a bona fide purchase money mortgage, purchase money deed of trust or a contract for deed and the vendor's lien there- under, but shall not include non -purchase money mortgages or deeds of trust or involuntary liens, such as mechanic's g• • • liens and judgment liens. Nothing herein shall be deemed to release any owner from his personal obligation, as described in Paragraph 14(a) above, to pay all assessments made hereunder. 15. Enforcement. Enforcement of these covenants shall be by proceedings at law or in equity by any owner or owners, or association thereof, of the land hereby restricted, against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. For the purposes of this section, the Declarant, or its successors and assigns shall be deemed an owner so long as any of the lots within the subdivision shall remain to be sold or developed by Declarant. In the event an action is brought to enforce these covenants, as hereinabove described, the party bringing the action may claim against the alleged violator of the covenants a reasonable attorney's fee and the costs of suit therefore. 16. Covenants To Run With The Land. These covenants, conditions and restrictions, are to run with the land within the subdivision and shall be binding upon all parties and persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which said time said covenants shall be automatically extended for successive periods of ten years. These covenants may be changed at any time by two-thirds of the owners of the parcels des- cribed herein provided, however, that no such change or amendment shall be made without the consent of the Declarant until such time as Declarant shall no longer have any ownership interest in the lots within the subdivision or any interest in these covenants as herein described. Any such change or amendment shall be made in writing, following at least twenty days written notice to all of the owners of parcels described herein, and such change shall be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. Not- withstanding anything to the contrary contained herein, after the expiration of two years from the date of issuance of a building per- mit by municipal or other governmental authority for any improvement, said improvement shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all • • provisions of these covenants, unless actual :notice of such non- compliance or noncompletion, executed by Declarants, or the Archi- tectural Control Committee, acting by majority, shall appear of record in the office of the Clerk and Recorder of Garfield County, Colorado, or unless legal proceedings shall have been instituted to enforce compliance or completion. 17. Partial Invalidity. Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. 18. Applicable Laws. These covenants are subject to applicable laws and ordinances of the County of Garfield, and the State of Colorado, and violation of said laws or ordinances are violations of these covenants, subject to enforcement as hereinabove provided. DATED AND SIGNED this ,20" day of STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) , 1982. JJAMES E. STEVENS BILLIE RAE STEVENS Subscribed and sworn to before me this 7( �� day of , 1982, by JAMES E. STEVENS and BILLIE RAE STEVENS. Witness my hand and official seal. My commission expires: ,2-(--(,7C/ til f I Notary(/Public \a -'7 `Ad:ress 6f Notary Pu.lic 1 Recto ded ,tt Reception No. o -clock M THIS DEED, Made this day of JAMES E. STEVENS and BILLIE RAE STEVENS of the County of Garfield Recorder. PEACH VALLEY ACRES HOMEONWERS' ASSOCIATION, INC. whose legal address is Box 663, , 19 , between and State of Colorado, of the first part, and Carbondale, Colorado 81623 of the County of Garfield and State of Colorado, of the second part, WITNESSETH, That the said par Ten Dollars and Other Goo to the said part ies of the first p• whereof is hereby confessed and ackn and by these presents do second part ties ofthe first part, for and in consideration ofthe sum of d and Valuable Considerations ?ice irt in hand paid by the said party of the second part, the receipt owledged, have remised, released, sold, conveyed and Quit -Claimed, remise, sell, convey and Quit -Claim unto the said party of the its heirs and assigns forever, all the right, title, interest, claim and demand which the said part ies of the first part ha ve in and to the following described LOT OR PARCEL OF LAND situate, lying and being in the State of Colorado, to wit: County of Garfield and Twenty-nine (29) shares of the Ware and Hinds Ditch and waters and water rights, ditches and ditch rights pertaining thereto. X71'"t.1`ia,attre-•a.nd well rights, and well facilities resulting from Well Permit No. 24716-F'of_the Colorado Division of Water Resources. -AM'r well and domestic water system facilities and fire protection facilities pertaining to Peach Valley Acres Subdivision, including, but not limited to pump, pumphouse, augmentation pond, water pipes, hydrants and underground storage tanks. All of the above being appurtenant to the following described property: A parcel of land situate in the NE1 of the SW1 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way line of County Road No. 214, Garfield County, Colorado whence the northeast corner of said NE 'Z SW % of Section 1 bears N 00°05'35" E 7.78 feet; thence along the east line of said NE 14 SW 14 of Section 1 on a course bearing S 00°05'35" W 1321.19 feet to the southeast corner of said NE 14 SW 14 of Section 1; thence along the south line of said NE 14 SW 14 of Section 1 on a course bearing N 89°55'44" W 1015.42 feet; thence N 00°04'08" E 1300.99 feet to a point on said No. 756. IT CLAIM DEED. —Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (573-5011)-10-78 1 • southerly right-of-way line of County Road No. 214; thence along said southerly right-of-way line of County Road No. 214 the following courses: N 89°11'04" E 418.88 feet; thence 119.06 feet along the arc of a 2973.82 foot radius curve to the right, having a central angle of 02°17'38" and subtending a chord bearing S 89°40'07" E 119.05 feet; thence S 88°31'17" E 338.33 feet; thence 142.49 feet along the arc of a 386.02 foot radius curve to the left, having a central angle of 21°08'56" and subtending a chord bearing N 80° 54'14" E 141.68 feet to the point of beginning, containing 30.413 acres more or less. also known as street and number • TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said parties of the first part, either in law or equity, to the only proper use, benefit and behalf of the said part y of the second part, its heirs and assigns, forever. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seal s the day and year first above written. Signed. Sealed and Delivered in Presence of STATE OF COLORADO, County of Garfield [SEAL] James E. Stevens [SEAL] Billie Rae Stevens [SEAL] [SEAL] I in and for said County in the State aforesaid, do hereby certify that James E. Stevens and Billie Rae Stevens personally known to me to be the person s whose name s subscribed to the foregoing Deed, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and seal, this day of 19 82. My Commission expires 19 Notary Public e DEPARTMENT OF STATE CERTIFICATE. eg, MARY ESTILL BUCHANAN, Yeada/tof Yiak oi ihe Rah oi Wele4ado he, ceidi Med the nietertiae4 /o4 the ikivawrie 0/9 /h/6 cedifiectie /awe leen ///ed bz cc/1)0/1~e with kw a/nd cafe Alma' la con/4m to law. ace/o/c/47/y, the undeAdiitneel, xidtee ei the aid/way ved4din me iy &hely i/JSmi4 R CERTIFICATE OF INCORPORATION TO PEACH VALLEY ArRES HOMEMNEPS. ASSOCIATION, r R W-14PROFfT COPROPAT I ON DATED: MARCH 26, 1982 SECRETARY OF STATE PA93:: 3377 NOT FOIPROW' (-(6F ARTICLES OF INCORPORATION OF 2 6 MR '62 PEACH VALLEY ACRES HOMEOWNERS' ASSOCIATION, INC..:. (A Colorado Non -Profit Corporation) • KNOW ALL MEN BY THESE PRESENTS that, the undersigned, being over the age of twenty-one years old, does hereby execute the following Articles of Incorporation, as an Incorporator, pursuant to Articles 20 through 28 of Title 7, 1973 Colorado Revised Statutes, as amended, and for that purpose sets forth the following: ARTICLE I The name of said corporation shall be Peach Valley Acres Homeowners' Association, Inc. ARTICLE II The corporation shall have perpetual existence. ARTICLE III The purposes for which the corporation is organized are as follows: (a) To acquire, own, operate and maintain certain easements within that certain subdivision known as Peach Valley Acres Subdivision, Garfield County, Colorado, said ease- ments to be acquired, owned, operated and maintained for the mutual benefit of the owners of lots within said subdivision and in accordance with the ordinances, regu- lations and agreements of the County of Garfield and the State of Colorado. h (b To acquire, own, operate and maintain certain wells, reser- voirs, ditches, well pumps, pump houses and pumping equipment, water tanks, fire protection pipes, pipelines, hydrants and equipment, irrigation ditches, drainage ( ditches, shares of irrigation stock in private ditch com- panies, adjudicated underground and surface water rights, and all other similar rights and equipment necessary for the effective ownership of, use of, maintenance and opera- tion of any of the above and foregoing rights and equipment, being the water distribution system for Peach Valley Acres Subdivision, all for the benefit of those persons or entities who are the owners of lots within said subdivision, and always in accordance with the applicable laws, ordinances and regulations of the County of Garfield and the State of Colorado. (d) To enact, regulate, administer and enforce reasonable rules and regulations to be imposed upon the owners of lots within said subdivision for the effective use, opera- tion, maintenance and ownership of the corporation's property rights, for the purpose of insuring the maximum benefit from the utilization of such rights to all of the lot owners within said subdivision. (d) To enact, administer, regulate and enforce assessments or levies against its members, including the right to impose and foreclose liens against the real property of members located within the subdivision, to insure prompt payment of the levies and assessments imposed on members by the corporation. (e) To exercise the powers enumerated in 1973 C.R.S. 7-22-101 (as amended). • • ARTICLE IV Certificates or shares of stock shall not be issued to members of the corporation. Any person, persons or entities shall become members of the corporation upon acquiring the ownership, in fee simple, of any lot within the Peach Valley Acres Subdivision, Garfield County, Colorado; provided, however, that if the fee title to any such lot shall be owned in multiple ownership the total of all the persons or entities who own any interest in the fee title to said lot shall constitute one member and be entitled to one vote in the affairs of the corporation. Any lot which shall be owned by more than one person or entity, or by any entity that is not an indi- vidual, shall designate one person as an agent to act for all of the multiple owners, or the entity, to participate in the affairs of the corporation and to exercise a vote in the corporate affairs for all of the owners or the entity, the name and address of such agent to be deposited in writing with the Secretary or Secretary -Treasurer of the corporation. Upon failure to so designate such an agent the corpora- tion shall be entitled to send notices of the meetings, activities, and affairs of the corporation to the address stated in the deed to any such lot as filed in the office of the Clerk and Recorder of Garfield County, Colorado. Notice may be sent to any one or more of the joint or multiple owners, or to the entity, and any one of the joint or multiple owners, or any authorized representative of the entity, may act on behalf of all of the owners, or the entity, to vote and participate in the affairs of the corporation, and any such vote or activity by said individual or agent said owners shall be binding upon all of the remaining owners or the entity, without liability on the part of the corporation to any such remaining owners or to the entity. • • ARTICLE V The address of the initial registered office of the corporation shall be 3038 Highway 133, P.O. Box 663, Carbondale, Colorado 81623 and the name of the initial registered agent at such address shall be James E. Stevens. ARTICLE VI The number of directors constituting the initial Board of Directors shall be three (3) and they shall serve until their succes- sors are duly elected and qualified. No person shall qualify as a Director unless such person is an owner of a legal or equitable interest in the fee title to land located within the subdivision, or is an owner, employee or agent of a firm, corporation, or body politic owning a legal or equitable interest in real property located within said subdivision; provided, however, that the initial Board of Directors may have one member who is not such an owner, and such member shall be replaced as soon as three or more persons or entities shall own a legal or equitable interest in land within said subdivision. The names and addresses of the persons who are to serve as the initial Board of Directors are as follows: Name Address James E. Stevens 3038 Highway 133, P.O. Box 663 Carbondale, Colorado 81623 Billie Rae Stevens 3038 Highway 133, P.O. Box 663 Carbondale, Colorado 81623 John L. Kemp P.O. Box 698 Glenwood Springs, Colorado 81602 ARTICLE VII The name and address of the Incorporator is John L. Kemp, P.O. Box 698, Glenwood Springs, Colorado 81601. • • ARTICLE VIII The directors shall provide by appropriate Bylaws and Resolu- tions for the equitable maintenance and operation of the easements to be owned by the corporation, and for the equitable distribution of water from the corporate water facilities and the corporate water rights to the lot owners throughout the subdivision and appropriate rules and regulations for management and operation of the irrigation system to be distributed by the corporation to the lot owners within the subdivision and for the upkeep, management and operation of the water reservoirs, ditches and drainage systems throughout the sub- division. ARTICLE IX Each member shall be entitled to one vote per membership on all matters pertaining to corporate business and cumulative voting shall not be allowed in the election of Directors or for any other purpose. IN WITNESS WHEREOF, the said Incorporator has hereunto set his hand and seal this ,2S day of , 1982. Jolt L. Kemp - Incorporator • • VERIFICATION STATE OF COLORADO ) ss COUNTY OF GARFIELD ) I, Margie M. Price , a Notary Public, do hereby certify that on the 25th day of March , 1982, personally appeared before me JOHN L. KEMP, who being by me first duly sworn upon his oath declared that he is the person who signed the foregoing Articles of Incorporation as Incorporator, and that the said Articles were adopted as his free and voluntary act for the object, uses and purposes therein set forth, and that the statements therein contained are true and correct. Witness my hand and official seal. My commission expires:October 31, 1985 :;!,41" a( 4n. Notary/Public Box 698, Glenwood Springs, CO 81602 egeiiii0/7/4 CERTIFICATE OF MAILING I HEREBY CERTIFY that I mailed a copy of the Public Notice, attached hereto (re: Peach Valley Acres Final Plat public hearing), to those property owners within 200 ft. of the subject property, all of whom are listed below by name and address, by certified mail, return receipt requested, this ,2day of �� , 1982: Adjacent Owners - Peach Valley Acres Edward W. Harper Marjorie Harper Edward Earl Harper 35795 Highway 6&24 New Castle, CO 81647 Kenneth and Opal Kuhns 3815 County Rd. 214 New Castle, CO 81647 Clara L. Hasselbush 3575 County Rd. 214 New Castle, CO 81647 Michael R. and Cheryl Grode 3554 County Rd. 214 New Castle, CO 81647 Walter E. and Alice A. Castle 35445 Hwy. 6&24 New Castle, CO 81647 Joseph Harlan Vitturn and Delores C. Vitturn 0170 Fairway Lane Glenwood Springs, CO 81601 Patrick T. Best and Mary Ann Best P.O. Box 703 Silt, CO 81652 Ernest and Fern Grant 3495 County Rd. 214 New Castle, CO 81647 . . 4 PUBLIC NOTICE • • Take Notice that • James E. Stevens and Billie Rae Stevens has/have applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Final Plat approval in connection with the following described property situated in.the County of Garfield, State of Colorado; to -wit: LEGAL DESCRIPTION: A parcel of land situate in the NE1 of the SW4 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way line of County Road No. 214, Gar- field County, Colorado whence the northeast corner of said NE1/4SW4 of Section 1 bears N 00°05'35" E. 7.78 feet; thence along the east line of said NE4SW' of Section 1, on a course bearing S 00°05'35" W 1321.19 feet to the southeast corner of said NE4SW4 of Sec- tion 1; thence along the south line of said NE1/4SW1/4 of Section 1 on a course bearing N 89°55'44" W 1015.42 feet; thence N 00°04'08" E 1300.99 feet to a point on said southerly right-of-way line of County Road No. 214; thence along said southerly right-of-way line of County Road No. 214 the following courses: N 89°11'04" E 418.88 feet; thence 119.06 feet along the arc of a 2973.82 foot radius curve to the right, having a central angle of 02°17'38" and subtending a chord bearing S 89°40'07" E 119.05 feet; thence S 88° 31'17" E 338.33 feet; thence 142.49 feet along the arc of a 386.02 foot radius curve to the left, having a central angle of 21°05'56" and subtending a chord bearing N 80°54'14" E 141.68 feet to the point of beginning. PRACTICAL DESCRIPTION: One and one-half (11/2) miles east of Silt, Colorado, on south side of County Road 214. All persons affected by the proposed Subdivision are invited to appear and state their views, protests, or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such Final Plat, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for Final Plat. This Final Plat application may be reviewed at the office of the Planning Director located at 2014 Blake, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M. ; ionday thru Friday. The public hearing on the application for the above Final Plat has been set for the 12th day of July , 19 82 at the hour of 10:45 A.M. at the office of the Board of County Commissioners, in the commissioners Annex, 201 8tn Street, Glenwood Springs, Colorado. Dennis A. Stranger�ti‹r2y ' DIRECTOR OF PLANNING Garfield County, Colorado September 27, 1983 Mr. Mark Bean Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 RE: Peach Valley Acres Subdivision Dear Mark: •NGINEERS & CONSTRUCTORS 74-77347: //tl8#ar SEP 2 P 1983 G N On Monday September 26, 1983 I met with Mr. Jim Stevens at the above referenced subdivision for the purposes of inspecting the water utility system for conformance with the plans drawn up by Eldorado Engineering in 1980. At the time of the inspection, the utility system was installed and fully operational. There are no users on the system at present and therefore the system has not been operating on a day to day basis to date. Generally, the workmanship that was observed is far above average for the typical small rural water system which we have seen in Garfield County. The work generally conforms with the previously referenced construction drawings. The following items were noted: 1. The fire hydrant in front of the cistern has been replaced by a standpipe, a change that has apparently been approved by the appropriate fire officials. The standpipe needs to be fitted with a valve cover of some kind. 2. The effluent pipe off the water distribution system needs to be terminated at least 6 inches above the high water level inside of the cistern. At present it discharges at or below final water level surface. 3. Under ground materials were verified by copies of invoices provided by the Developer. Invoices indicate that properly sized materials were installed. Mr. Stevens indicates the water line is located outside the pavement area; no trench settling to date was noted. 4. The control building needs to be insulated and provided with an interior wall covering. 5. The building heater has not been installed to date. 6. A hand -auto -off selector switch needs to be added to the electrical system. SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 • (303) 945-5468 • • Mr. Mark Bean September 26, 1983 Page Two 7. The water meter shown has not been installed. It should be noted that the water meter is not required for operation of the system or delivery of water to the subdivision residents, but rather as a device by which the State Engineer's Office can monitor the amount of water usage for verification of compliance with the augmentation plan. If and when the State Engineer begins to monitor the site, the water meter will have to be in place. 8. The plumbing within the building is sufficient for operation of the system but not in strict compliance with the drawings. In other words, the variations in the plumbing layout do not prohibit the proper operation or maintenance of the water system, but reflect the individual designer/installers prejudices towards items which make the system more convenient to utilize from an operation standpoint. I have also inspected the well log and pump installers reports for the well and well pump. It appears that there is sufficient well capacity and sufficient pump capacity to supply the water requirements for the planned 14 units. The extent of my inspection had to do with the water utility system. You had indicated to me that you and Leonard would be inspecting the road system. If I can be of any additional service, or if you have any additional questions concerning the water utility system please feel free to contact me. Sincerely, SCSER & ASSOCIATES Dean W. Gordon D /jj xc: Mr. Jim Stevens SCHMUESER & ASSOCIATES, INC.MI P.O. Box 640 111 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81602-0640 Phone 945-9158 MEMORANDUM TO: Ennis Stranger, Director Department of Evelopment FROM: Far 1 G. Rhodes Garfield County Attorney 4/er DATE: December 8, 1982 SUBJECT: Peach Valley Acres DEC 0 1982 ,;� For your records, enclosed please find a copy of the Letter of Credit, which has been sent to this office on behalf of James and Billie Rae Stevens (Peach Valley Subdivision). If you have any questions about this, please do not hesitate to contact me. /sr Enclosure o'" oe°,-N-s\os'' • 1 Letter of Credit No.272 First National Bank of Glenwood Springs The Better Bankers: - September 15, 1982 Beneficiary: Board of County Commissioners, County of Garfield, State of Colorado P.O. Box 640 Glenwood Springs, Colorado 81602 Attention: Earl Rhodes, County Attorney Gentlemen: We hereby open our IRREVOCABLE LETTER OF CREDIT in your favor available by your drafts on FIRST NATIONAL BANK IN GLENWOOD SPRINGS, P.O. BOX 908, GLENWOOD SPRINGS, COLORADO 81602 at sight for any sum or sums not exceeding in total $57,185.00. for the account of James E. & Billie Rae Stevens Box 663 Carbondale, Colorado 81623 This draft must be accompanied by: A written substantiated claim from the Garfield County Attorney that James E. and Billie Rae Stevens have not met their obligation under the Subdivision Improvement Agreement dated July 12, 1982 and recorded at Reception No. 330221 in the records of Garfield County, State of Colorado. All drafts must be negotiated on or before September 15, 1983. Each draft must be endorsed on the reverse of this Letter of Credit No. 272 dated September 15, 1982 of THE FIRST NATIONAL BANK IN GLENWOOD SPRINGS, GLENWOOD SPRINGS, COLORADO." Except so far as otherwise ecpressly stated herein, this Letter of Credit is subject to "Uniform Customs and Practice for Documentary Credits (1974 Revision) International chamber of Commerce Publication No. 290." We hereby agree with the drawers, endorsers, and bona fide holders of bills drawn and negotiated in compliance with the terms of this Letter of Credit that said bills will be duly honored on presentation at the counter of the above mentioned bank. First National Bank of Glenwood Springs P.O. Box 908, Glenwo ZED SIGNATURE e.g. Bruce Robinson E.V.P. rado 81602 303/945-5421 C9 CENTRAL BANCORPORATION. INC. MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into .this 1,27`' day of ,7--U % y , 1982, between JAMES E. STEVENS and BILLIE RAE'oTEVENS, hereinafter referred to as "Stevens", and the Board of County Commissioners of Garfield County, Colorado, hereinafter referred to as the "County". WITNESSETH: WHEREAS, Stevens is the owner of certain real property located in Garfield County, Colorado, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, as a condition of approval of the final plat for Peach Valley Acres subdivision, Stevens wishes to enter into a Subdivision Improvements Agreement with the County; and WHEREAS, the County has required and Stevens has agreed to provide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements as set forth on Exhibits "B" and "C" attached hereto, and incorporated herein by this reference; and WHEREAS, Stevens has agreed to execute and deliver a letter of credit, or such other security as the County may hereafter accept, to the County to secure and guarantee his performance of this agreement and has agreed to certain restrictions regarding the issuance of building permits and cer- tificates of occupancy within the subdivision, all as more fully set forth hereinafter. NOW, THEREFORE, fir and in consideration of the following mutual cove- nants and agreements, the parties hereby agree as follows: 1. Stevens` Performance. Stevens agrees to construct and install at his sole expense, those public improvements as set forth on Exhibits "B" and "C". Stevens agrees that all of the public improvements to be completed as identified in Exhibits "B" and "C" shall be constructed in compliance with the following: (a) All final plat documents submitted prior to or at the time of final plat approval. (b) All laws of the United States, State of Colorado, and its various agencies, affected special districts, and/or servicing authorities. (c) Such other designs, drawings, maps, specifications, sketches and other matter submitted to and approved by any of the above stated governmental entities. 2. Cost of Improvements. It is understood for purposes of this agreement that the cost of all of said public improvements, based upon the engineered cost estimates set forth on Exhibits "B" and "C" shall be $66,085.00. ■ • 3. Security for Improvements. Stevens has heretofore delivered to the County engineered plans and preliminary cost estimates for the public improvements to be installed by Stevens in connection with the subdivision. On or before September 30, 1982, Stevens shall eleliver a letter of credit issued by a national banking institution, which letter of credit shall be in a form acceptable to the County (which acceptance shall not be unreasonably withheld) and shall be in an amount equal to the sum of the preliminary cost estimate for the public improvements as set forth on Exhibits "B" and "C". In the event Stevens fails to deliver said letter of credit as above provided within the time permitted, then the final plat for Peach Valley Acres subdivision may be vacated by the County and in such event, all approvals of the subdivision by the County shall be deemed to have been withdrawn and rendered null and void by such vacation and all parties shall be released from any further obligation hereunder. Contemporaneously with the execution of this agreement, Stevens shall deliver his written consent to said vacation in the event an acceptable letter of credit is not delivered within the time provided, which consent shall be binding upon Stevens' legal representatives, successors, and assigns. Completion of the public improvements as described on Exhibits "B" and "C" shall be secured by a letter of credit in accordance with the provisions hereof. Upon Stevens delivering to the County said letter of credit to secure completion of such public improvements, Stevens shall be entitled to contract for the sale of lots within the subdivision and may thereupon obtain building permits for the construction of improvements on the lots within such subdivision; provided, however, Stevens shall not convey title to any of the lots within the subdivision except Lots 1, 2 and 14 thereof, until the public improvements have been completed in accordance with this agreement. Upon delivery to the County of adequate security for the completion of construction of the improvements, the County shall issue written approval in a form recordable in the office of the Clerk and Recorder of Garfield County, Colorado, stating that said security has been provided and that building permits may be issued on such lots. However, the County shall not be required to issue certificates of occupancy for any buildings constructed until such time as all public improvements have been accepted by the County, which acceptance shall not be unreasonably withheld. In the event the public improvements are not completed on or before 540 days from date of Final Plat approval by the County, the County may, at its option, exercise those rights as contained in paragraph 4 below. Upon completion the County shall return the letter of credit, marked "Satisfied in Full", shall acknowledge that all improvements have been completed in a satisfactory manner and shall otherwise release its aforesaid security. 4. Notice of Deficiencies. If the County determines that the public improvements are not constructed within the time period provided or are not constructed in substantial compliance with the specifications therefore, the County shall furnish Stevens a list of specific deficiencies. If such deficiencies have not been corrected within thirty. (30) days after the list is furnished to Stevens, the County may draw on the letter of credit held pursuant to this agreement, such funds as may be necessary to construct the improvements in accordance with such specifications. In such event, the • • amount to be drawn or realized from such security shall be computed and liquidated to be an amount equal to the total cost of all public improve- ments less the costs of those items accepted by the County. 5. Substitution of Collateral. The County may, at its option, permit Stevens to substitute other collateral acceptable to the County for the Collateral originally given by Stevens to secu Pe the completion of public improvements as hereinabove provided. 6. Improvement Sequence. Street improvements required to be completed by Stevens shall not -be installed until all utilities lines to be placed in or under the streets have been completely installed. 7. 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. Such authority shall include the right to compel rescis- sion of any sale, conveyance, or transfer of any lot contrary to the provis- ions of this agreement, or as set forth on the plat of the subdivision, or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County for such lot. 8. Approval of Plat. The County agrees to approval of the final plat of the Peach Valley Acres subdivision, subject to the terms and conditions of this Agreement. 9. Amendment. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 10. Binding Effect. This Agreement shall be a covenant running with the title to each lot or unit within the subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Stevens, his successors, legal representatives, heirs, devisees, and assigns. IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and year first above written. L ATTEST: Deputy Clerk of the Board COUNTY OF GARFIELD, ST TE OF Ci ORADO -eha`irman of t e oard of County Commissioners of Garfield County 4ames E. Stevens t A � Billie Rae Stevens • • EXHIBIT "A" TO'SUBDIVISION IMPROVEMENTS AGREEMENT PEACH VALLEY ACRES 0 A parcel of land situate in the NE4 of the SW4 of Section 1, Township 6 South, Range 92 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way line of County Road No. 214, Garfield County, Colorado whence the northeast corner of said NE 4 SW 4 of Section 1 bears N 00°05'35" E 7.78 feet; thence along the east line of said NE 4 SW 4 of Section 1 on a course bearing S 00°05'35" W 1321.19 feet to the southeast corner of said NE 4 SW 4 of Section 1; thence along the south line of said NE 4 SW 4 of Section 1 on a course bearing N 89°55'44" W 1015.42 feet; thence N 00°04'08" E 1300.99 feet to a point on said southerly right-of-way line of County Road No. 214; thence along said southerly right-of-way line of County Road No. 214 the following courses: N 89°11'04" E 418.88 feet; thence 119.06 feet along the arc of a 2973.82 foot radius curve to the right, having a central angle of 02°17'38" and subtending a chord bearing S 89°40'07" E 119.05 feet; thence S 88°31'17" E 338.33 feet; thence 142.49 feet along the arc of a 386.02 foot radius curve to the left, having a central angle of 21°08'56" and subtending a chord bearing N SO° 54'14" E 141.68 feet to the point of beginning, containing 30.413 acres more or less. May 11, 1982 Mr. Jim Stevens P.O. Box 663 Carbondale, CO 81623 RE: Stevens P.U.D. SCHI'fUESER & ASSOCIATES, INC. 201 CENTENNIAL STREET A 11 SUITE 306 GLENWOOD SPRINGS, CO 81601 (303) 945-5468 EXHIBIT "B" TO SUBDIVISION IMPROVEMENTS AGREEMENT PEACH VALLEY ACRES Dear Jing: Please find below, estimated costs for the completion of water and street improvements for the above referenced P.U.D.: Augmentation Pond Fire system cistern Well 150'. @ $22.00 Purnp and controls 3" waterline, 1100' @ $7 Misc. waterline fittings Pumphouse Pit run, 1225 tons @ $6/ton Road base, 875 @ $7/ton Surfacing $ 3,000 3,000 3,300 4,235 7,700 1,200 1,200 $23,635 7,350 5,700 11,400 $24,450 TOTAL $48,085 If you have any questions about my figures cr assumptions, please feel free to call me. Sincerely, SCHMUESER & ASSOCIATES, INC. Dean W. 'bordon, P.E. Princi•,a1) Engineer DWG/ln Project //B1554A AR I 0 r Gfi1.1 ;D) 850 72 0:,3G R. ()1t' EXHIBIT "C" TO SUBDIVISION IMPROVEMENTS AGREEMENT PEACH VALLEY ACRES 0 COMMUNICATION MEMO EAI I /v e•01.2_1 A/ v� 1 Sing � J re e.t} _s oA✓S-T A/QESo.vf4 4 � 42_10-1- \ XPUELIC SERVICE COLIP.ANY OF COLORADO ( ` \!. ChE'i Lt;';E LIC HT, FUEL ; ;O CO'.'F,ANY i10:,,E LI HT AND PDV ER :17, WESTER'; St OPE Ot,S CO':PP.% ' --- -----t J,FUELCO S ergLJ1 e 7-6 '%P �¢c%� VA- Ll_e• J Svc3l�/vi S(o'U 5---- �4\7 floo. SIGNED SIGNED DATE ., ::nA • "f:. S_',D PART 1 AND 3 WITH CARSON INTACT, RETAIN PINK. RECIPIENT: RETURN ORIGINAL':, TH REDLY, R_TAI`. YELLC V.