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Home My WebLink About1.0 ApplicationTable of Contents SubmittalLetter Subdivision Application Form Water Supply Information Summary Agreement to Payment Form Staff Report - Sketch plan 4:40 SubmitralRequirements 4:50 Preliminary plan Map 4:60 Addirional Information 4:70 Supplemental Information: Geology, Soil, vegetation and wirdlife 4:80 Supplemental Information: Drainage plan 4:90 Supplementallnformation: Uriliryplan 4:94 Off-Site Road Impacts Road Impact Fee Worksheet Referal Comments Office of the State Engineer _ Division of Water Resources Department of Natural Resources _ Division of Wildlife Carbondale & Rural Fire protection District Garfield County Building & planning Department Steve Anthony - Noxious Weeds Resource Engineering, Inc. Appendices Appendix'A' - Well performance Tesr Appendix 'B' - Declaration of Coyenants Appendix 'C' - Engineer's Site Report Appendix 'D' - Special Warranry Deed/Lrgal Description Appendix 'E' - Missouri Heights - Mountain Meadow Irrigation co. Shares Certificate Appendix 'F' - ALTA Commitment for Title Insurance Appendix'G'- List of Adjoining properry Owners Appendix 'H' -_well permit Application Form; Change in ownership/Address Appendix 'J' - Soils Types l3 17 l8 28 28 28 29 29 29 29 30 RC-1 RC-2 RC-4 RC-5 RC-6 RC-7 AP-1 AP-2 AP-lI AP-I6 AP-21 AP-22 AP-34 AP-36 AP-40 i 815 blake avenue glenwmd springs, colorado g1601 p 970 947 9Ol4 f 970 947 gl37 www.palominobarth.com 2 Re: Palomino Design.Build P.C. May 10,2006 Mr. Richard Wheeler, Planner Garfield County Planning and Zoning Glenwood Springs, CO 81601 Panorama Reserve Subdi vision TBD Panorama Drive Carbondale, CO 81623 Subject: Preliminary Plan Submittal Dear Richard, The purpose of this application along with the enclosed supporting materials is to satisfy the Preliminary Plan requirements for the proposed subdivision. Due to the 30' wide access easement on the property we have revised the proposed subdivision from the previously submitted Sketch Plan lot configuration. We are hereby requesting we be allowed to subdivide the property into three lots of approximately 8.1i 10.0; and 27.9 acres. The lots are now identified as Lot 'A', 'B' and 'C'. Lots 'A' and .B' will be accessed from the existing 30' wide access easement and dirt driveway. Lot 'C' will be accessed from a new driveway off of Panorama Drive (Loop) ordering the East side of the subdivision. The existin g 46-acre parcel has an existing well approved for a maximum of three dwelling units and a copy of a current well test is included in this submittal. The three newly create-rl lots will share this existing well. Lots 'A' and 'B' are provided with building envelopes large enough to accommodate one single-family residence and one agricultuial outbuilding. Lot 'C' is provided with two building envelopes. The East building envelope is intended for one agricultural outbuilding. The West envelope is intended for one single-family residence. Electrical power for the subdivision will be served by the existing Holy Cross pole-mounted transformer located at the South end of the existing easement. Each lot will be provided with buried LPG storage tanks for heating and cooking needs. Waste treatment will be serviced by conventional in-ground septic tank and leach field disposal systems. Enclosed are fifteen copies of the following materials;- Preliminary Plat, 5110106, llxl7, prepared by sopris Engineering LLC- Preliminary Plan Site Plan, 5110106,l1x77, prepared by Red Mountain Civil, Inc.- Engineers report, 5110106, prepared by Red Mountain Civil, Inc. 815 blake avenue glenwood springs, colorado gl60l p 97O 947 9014 t 9'tO 947 913'l www.palominobarth.com J GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 4fr1 . Glenwood Springs, Colorado 81601 . -Y*\ A , .A*o MAY 1 O IUUIi GARFi[tl:,]u*,ro I y BUILDIiliG & PLANNIT.IG Telephone: 970. 945. 821 2 Facsim i le : 97 0 .384.347 0 www.oarfield-countv.com Subdivision Application Form 7 3 GENERAL INFORMATION (To be completed by the applicant.)) Subdivision Name: pononoma, 'ReierVe ) Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan X Final Plat Name of Propertv Owner (Apolicant):Conl Lrw/g Address: /OZf ,f-axonL 2n r< Telephone: Vfr- &fl -qAf,O city, frtfl/an/ rtrk state: tt Zipcode: 6,n'- FAx:8{Z-f12./0, v'ho - Ea///- Address: ( ,/Yenqe Telephone'W- O/wwood ,btnr state: (o Zip code: d/Oot rnx,?Z!-?!fJ/ - ) Name of Enqineer: RtL bOrltr - fieoLrhoan.frm ?'n/rD'ac ' F Addres r, Qo /hrfrytzoa h ne . Tetephone:770 fir?z/G ) City:Co Zip code:d/AU 7sy'?to 7/f Zz? ) Name of Survevor: 7ta*fucl/er- hVfri tnVhelrrh2 U-C,@n t/ frl,rLlz ' rerJpr,on",?zd7or,o,Terephone,?za 7o+ .0 z;ll > city: hrhnlo/e State: fu Zip code: I /A zl FAx:770 70 f .0 i Name of Planner, l/* Address:Telephone: City:State:Zip Code: _ FAX: , City: GENERAL INFORMATION continued.. } Location of Property: Sectio n h Township 7s p.ange d7 h) F Practical Location i Address of Property: 2rhnla/e ,6 fi/azz ) Current Size of Property to be Subdivided (in acresl: {tU,OA7 OofeS F Number of Tracts i Lots Created within the Proposed Subdivision: a2 F Property Current Land Use Designation: 1. Property's Current Zone District: 2. Comprehensive Plan Map Designation: Proposed Utility Service: F Proposed Water Source: F (See "Attachment C" to be completed with Preliminary Plan Application) F Proposed Method of Sewage Disposal:15Ps F Proposed Public Access YIA: 6a/i F Easements: ) Total Development Area (fill in the appropriate boxes below): ofar?7a nf/re - lilourhrn /fralou 3./; /o.o; 2t. .j,ii l .,SIZCIAires):;,ii j (o Utility: I. THE SUBDIVISION PROCESS ln order to subdivide land in Garfield County, an Applicant is required to complete the following land useprocesses In the following order: 1)Sketch Plan Review Process, 2)Preliminaiy plan Review piocess, and3) Final Plat Review Process. This section will briefly describe the nature of each process and providegeneral direction including subdivision regulation citaiibns to a potential applicant requesting subdivisionapproval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations ire located forpurchase at the Planning Department and can also ne found on the World Wide-Web at the ioflowrng - address: httD:/iwww.oarfield-countv.com/buildino and olanninq/index. htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity topropose a subdivision in a "sketch" format to the Planning Department and the GarfielOCounty Planning Commission in order to obtain a cursory review for compliance withthe County's land use review documents, regulations, and policies to iO"ntifv ,nvissues that would need to be addressed if the proposed subdivision were to be puisued. 2. Aoplicabilitv Any individual proposing a subdivision in Gar-field County is required to complete theSketch Plan review process as the first step in Gar.field iounty's Subdivision'proce"s.More specifically, Garfield County defines a subdivision (Section 2:20.4g) as thedivision of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels orseparate interests, or the use of any parcel of land for condominiums, apartments orother multiple-dwelling units, as further defined by Colorado state law. 3. ln order to apply for a Sketch Plan Review an Applicant is responsible for reviewingSection 3:00 of the Subdivision Regulations and providing enough information to tnePlanning Department in the application to conduct a thorough r"ii"* and provide tneresulting comments to the Planning Commission for their review and comments.Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain thlspecific information required to be submitted to the Planning De--partment in order tosatisfy the application requirements in addition to the inforiation requested on thisapplication form. 4. Process / Public Meetino The Sketch Plan review process is considered a 1-step process because theapplication is reviewed only by the Planning Commission at a public meeting. ln orderto appear before the Planning Commission, an applicant will have submitted allrequired application submittal requirements mentioned above to the ptanning Department Staff. Once submitted, Stafl will have 15 working days to review theapplication to determine if all the required submittal information lir. been submitted asrequired. lf Staff determines. that all the required information has been submitted, a letter will besent to the applicant indicating the application has been deemed "t"cnnirJtycomplete." lt is at this point Staff will also indicate when the application has beei scheduled to be reviewed before the Plan ning Commission and will request theapplicant supply additional copies to provide the Commission for their review, lf Staff determines that all the required information has not been submitted, a letter willbe sent to the applicant Indicating the application doeJnot comply with the submittatrequirements and therefore has determined the application to be "technically incomolete." The letter will also outline the applications deficiencies so that theapplicant knows what additional information needs to be submitted. At this point, theapplicant has 6 months (180 days) to provide the necessary information to thePlanning Department to remedy the application so that it may be deemed technicallycomplete. lf the a[plication has not been deerned technically complete within this time,the application will be terminated. Once the application has been deemed technically complete and a date has beenestablished as to when the Planning Commission will review the application, Staff willconduct a land use review of the application usin_g the County's land use iegutatorydocuments including the Zoning Resolution, Subdivision Regulations, .nO theComprehensive Plan of 2000. ln addition, Staff will also considei referral commentsprovided from a variety of state and local agencies who may also review the application.As a result, Staff will write a Memorandum -on the proposed subdivision to the planning Commission containing the results on the land use analysis. This Memorandum willalso be furnished in advance to,the applicant. At the date and time set for the public meeting before the Planning Commission, Staffwill present the findings in the Memorandurn and the applicant will be required topresent the proposed subdivision and respond to comments and questions provided bythe Planning Commission. The commenis prorided to the Applicant by the planning Department and the Planning Commission as a result of the bketch plin proc"r, *ittbe kept on file in the Planning Department for 1-year from the meeting date before thePlanning Commission. lf an Applicant does not submit a Preliminary plan application tothe Planning Department within the 1-year timeframe, the Skettfr ptan'iile will beclosed and the Applicant will need to reapply for a Sketch Plan review prior to aPreliminary Plan review. B) Preliminarv Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review ofthe many aspects that are associated with dividing land in Garfield Colnty for thepurposes of residential, commercial, and industrial development. This is ihe mostintensive review step where the Building and Planning Staff, the Planning Commission,and the Board of County Commissioners (BOCC) will conduct a thorough review of allthe issues associated with the proposed subdivision against the Coun-ty r r"jrtrioryrequirements. Ultimately, the purpose of this process islo identify all the"rnajoiissuesin the proposed subdivision by using the County's Zoning Resolution, SuUOiuisionRegulations, Comprehensive PIan of 2000, as wetl as other state and local referralagencies that will provide comments on any issues raised in their review. This is theprocess that will either approve or deny the application request. 2. Apolicabilitv Any individual proposing a subdivision in Ga rfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Gadield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple-dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements ln order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subd ivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Desiqn and lmprovement Standards in Section 9:00 of the Subdivision Regulations. ln addition to the substantive submittal inforrnation related to the proposed subdivision project itself, an applicant is required to complete all the public: notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 - 4:31of the Subdivision Regulations. 4. Process / Public Hearinqs The Preliminary Plan review process is considered a 2-step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recornmendation to the BOCC. ln order to obtain dates for the public hearings before the Planning Commission andthe BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Deparlment Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. lf Staff determines that all the required inforrnation has been submitted, a letter will besent to the applicant indicating the application has been deemed "technically complete." lt is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission i BOCC. Additionally, Staff will provlde the applicant with the notice forms to be mailed, published, and posted. lf Staff determines that all the required inforrnation has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that th! applicant knows what additional information needs to be submitted. At this point, theapplicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the appllcation so that it may be deerned technically complete. lf the application has not been deerned technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's'iand use regulatory documents including the Zoning Resolution, Subdivision Regulations, andthe Comprehensive Plan of 2000. ln addition, Staff will also consider refeiral commentsprovided from a variety of state and local agencies who may also review the application.As a result, Staff will write a Memorandum on the proposed subdivision to the planning Commission / BOCC containing the results on the land use analysis. ThisMemorandum will also be furnished in advance to the appliaant prior to ihe public hearings. As mentioned above, Staff makes a recommendation to the Planning Cornmission andthe BOCC regarding the issues raised in the analysis of the proposed subdivision. TheApplicant will first propose the subdivision to the Planning Commission who isresponsible for making a recommendation of approval, approval with conditions, ordenial to the BOCC. Next, the application will be reviewed by the BOCC during aregular public hearing. The BOCC will consider the recommendations from ihePlanning Staff and the Planning Commission, the information presented by theapplicant, and the public. As a result, the BOCC is the final decision-making entityregarding the proposed subdivision and will either approve, approve with condiiion., or.deny the application. lf the BOCC approves the subdivision application at the public hearing, the approvalshall be valid fora period notto exceed one (1) yearfrom the date of doard apjroval,or conditional approval, unless an extension of not more than one (1) year is'grantedby the Board prior to the expiration of the period of apprcrval.'(See tne lpecincinformation provided irt Section 4:34 of the Subdivision Regulations.) Following thehearing, Staff will provide a resolution signed by the BOCC which memorializ"i tnuaction taken by the Board with any / all conditions which will be recorded in the Clerkand Recorder's Office. Once an applicant has Preliminary Plan appr,oval, they arerequired to complete the third and final step in the County's Subdivision Process:'Final Plat Review. c) Final Plat Review (Section 5:00 of the subdivision Regulations) 1. Puroose The purpose of the Final Plat review process is to provide the applicant with amechanism to prove to the County that all the conditions of approval required duringthe Preliminary Plan review process have been met / addressed to the satisfaction ofthe Planning Stafl and the BOCC. This being the case, the chairman of the BOCC will /0 sign the Final Plat and have it recorded memorializing the subdivision approval granted by the Bocc. This is the last step in the county's subdivision process. 2. Applicabilitv Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garlield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple-dwelling units, as further defined by Colorado state law. 3. Application / Submittal Reouirements ln order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form,all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1-step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies atl the required submittal information to the satisfaction of the Building and Planning Department. lf Staff determines that all the required information has been submitted, a letter will besent to the applicant indicating the application has been deemed "technically complete." lt is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) lf Staff determines that all the required inforrnation has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions ofapproval. During this review, Staff will fonluard the Final Plat the County Surveyor forreview and a signature. ln the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant tohave the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Deparlment // and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled atthe next BOCC meeting to be placed' on the consent agenda with a request toauthorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk andRecorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed FinalPlat represents the completion of the Garfield County Subdivision Pro6ess. Please refer to the specific language in the Final Plat portion (Section 5:00) of theSubdivision Regulations for specific timelines and additional responsibilities required oithe applicant to complete the Final plat process. information hlo applicSnUowner) /arlL /a/'n Last Revise d: o2t2oo6 1Uht i /z Please Note: This information presented above is to be used as ageneral guide for an applicant considering a subdivision in Garfield County. lt is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations , http ://www.qa rfield. in order to ascertain three steps including bui ndex.htm al! the necessary requirements for each of the Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. or access them on-line at: GARFIELD COUNTY BUILDING AND PLAI..{NING DEPARTMENT FEE SCHEDULE Garfield county, pursuant to Board of county commissioners ("Board") Resolution No. gg-0g, has establisheda fee structure ("Base Fee") for the processing of each tlpe of suudivision and land use applications. The Base Fee is an estimate of the average number of hours of stafftime devoted to an application, multipiiedby an hourly rate for the personnel involved. The Board recognized that the subdivision and land useapplication processing time will vary and that an applicant should puv fo, the total cost of the review which mayrequire additional billing' Hourly iates based o.r'tl. houriy 13lav,'and t,g. benefits costs of the respectivepositions combined with an hourly overhead cost for the office -wilr be ,rrla to establish the actual cost ofCounty stafftime devoted to the r.ri.* of a particufar p.qect. fifr3*T*,itT:;,i,T I*:"n-"Yf,* ::1:l:1" Base fee ^ otT.the !a1e ree has been expended, the;ilffi;f;"ff,Tff:"1\l1iconsiderationofanvlenrllrcano*i+-^-:-....1;lffi',"JTl,#ffi,:Tf"]i",.'ffi1,:":":'::"T*ix;,1*:::'-llffii,* 1il','ffi,[#ffffi,*;i1 ,? j:Xl1X##?::Ji"J*,;1asrequired,;;;;;,iat-""r;;ffi;J#,###p"a;f ;H.p,l]j"trfthe outstanding fees are paid. checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,and made payable to the Garfield count-v-Trqasurer. Applications will not be accepted *ltir*, the requiredapplication fee' Base Fees are non-refundabfio fuIl, *l;; a written request for withiraw ao* it " applicant issubmitted prior the initiar review of the appiication materials. Appiicationsmustinc1udem.(..Agreement,,)setforthbelow.TheAgreement establishes the applicant as being r".fonriut.Effiffi*t of all costs associated with processing the appiication.The Agreement must be signed uy tt. party responsible for payment and submitted with the application in orderfor it to be accepted. J r The complete fee schedule for subdivision and iand use applications is attached. /+ GARFIED COUNTY BUILDING AND PLANNTNG DEPARTMENT BASE FEES The following Base Fees shall be received bl lh.. counry at the time of submittal of any procedural appiication towhich such fees relate' Such Base Fees shall be in addiiion to and exclusive of any cost for publication or cost ofconsuiting service detenrrined necessary by the Board for the consideration of any appiication or additionalCounty stafftime or expense not covered by the Base Fee, which have not otherwise beenpaid by the applicantto the county prior to final action upon the appiication tendered to the county. TYPE OF'PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final PIat Amended Plat Exemption fromthe Definition of Subdivision (SB_35) Land Use Permits (special use/conditionat Uie permits). Administrative/nopublichearing ' Board Public Hearing only Zornng Amendments. Zone District map amendment. Zome District text amendment. ZoneDistrict mzp &text arrre,lrdment ' PUD Zone District & Text Amendment. PUD Zone District Text Amendment Board ofAdjustment ' Variance. Interpretation Planning Staff Hourly Rater planning Director. Senior Plaanerr Planning Technician. Secretary Cg"tty Surveyor Review Fee (includes review of Amended Determined by Surveyor$Plats, Final Plats, Exemption plats) $11 - 1*page $10 each additional page BASE FEE $400 $325 $675 + application agency review fees and outside consultant reviewfees, as authorized pursuant to tle Regulations, such as the Colorado Geologic Survey $200 $100 $300 $2s0 $400 $525 $450 $300 $500 $s00 $500 $2s0 $2s0 $50.s0 $40.50 $33.7s $30 Myiar Bsselding Fee /5 The foliowing guideiines shall be used for the administration of the fee structure set forth above: AII appiications shall be submitted with a signed Agreernent for Palment form set forth below. County staffshall keep accurate record of actual time required for the processing of each land useapplication, zoning amendment, or subdivision appiicatiin. Any addiiional billing wiil occur commensuratewith the additional costs incurred by the County us a r""ult of having to take more time ttral that covered bythe base fee. Lr the event that the Board determines that special expertise is needed to assist ttiem in the review of a landuse permit, zoning amendment, or subdivision application, such costs will be borne by the applicant andpaid prior to the final consideration of the application. A1l additional costs shall Ue paio pri;, ; th.execution of the written resolution confirming action on the application. If an appiication involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. Tlpes of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinentplanning staff rate listed above. }:I-'^y'ng Director shall establish appropriate guideiines for the collection of Additional Billings asrequreo. 9' This fee structure shall be revised annually as part of the County budget hearing process. 1. 2. 3' Any-biliings shall be paid prior to final consideration of any land use permit, zoning amendment, orsubdivision plan. All additional costs shall be paid to the execution of the written iesolution confirmingaction on the application. 4' Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until allfees have been paid. 5. 6. 7. /b GARtr'IELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYNIENT FORM (Shall be submitted with application) Conf hrrtisGARFIELD COLINry ftrereinafter COLJNTy) and (hereinafter APPLICANT) agree as follows: ritted to CoLrNTt, an apptication for /4norO*n'J/'trV ftrereinafter, THE fnOfeCf;. 2. APPLICANT understands'and agrees that Garfield County Resolution No. 98-09, as amended,establishes a fee schedule for each tlpe of subdivision or land use review applications, and the guideiines for theadministration of the fee structure. 3' APPLICANT and COLINry agree that because of the size, nature or scope of the proposedproject, it is not possible at this time to ascertain the full extent of the costs involu.d i., processing theapplication. APPLICANT agrees to make payment of the Base Fee, established for the pRdfnCf, and tothereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additionalpayments upon notification by the COUNry when they are necessary as costs are incurred. 4' The Base Fee shall be in addition to and exclusive of any cost for publication or cost ofconsulting service determined necessary by the Board of County Commissioners for the consideration of anapplication or additional COi.INTY staff time or expense not covered by the Base Fee. If actual recorded costsexceed the initial Base Fee, APPLICANT shall pay additional billings to COLINTY to reimburse the COUNTyfor the processing of the PROJECT mentioned ubo,r". APPLICANT acknowledges that all billing shall be paidprior to the final consideration by the CoLINTY of any land use permit, zoning amendment, or suidivision plan. APPLTCANT (oArurj 'lenth /zve) o^r", /f:bO Print Name Mailing Address:fr/q/, 8/60/ /7 4:50 (J) Submittal Requirements - Preliminary Plan Application Form - Reference Appendix 'F' Maps - Reference Preliminary Plat, prepared by Sopris Engineering; and Preliminary Plan Site Plan, prepared by Red Mountain Civil,Inc. Map(s) Scale -Maps comply with scale requirement. Preliminary Plan Map - Submittal conforms to requirements. Reference Preliminary Plat, prepared by Sopris Engineering; and Preliminary Plan Site Plan, prepared, by Red Mountain Civil,Inc. Land Use Breakdown - ExistingZoning: AlRlRD, no change proposed to existing zoning.- Total development Area: 46.069 Acres - Total Number of Lots proposed: 3 - Total Number of Dwelling Units Proposed..3 - Total Number of Non-Residential Floor Space: 3 Agricultural Buildings, floor area to be determined at time of building permit submittal by individual lot owners.- Total Number of Individual Dwelling Units Proposed for Each Structure: 1- Total Number of Proposed Off-Street Parking Spaces: 6 - Total Gross Density Proposed, Number of Dwelling Units As a Ratio to The Total Development Area: .065 Units Per Acre 4:40 4:41 4:42 4:50 4:60 4:60 (A) 4:60 (B) 4:60 (C) 4:60 (D) 4:60 (E) 4:60 (D Additional Information Proposed terms of reservations or dedication of sites for public and/or common facilities or use, if any; greenbelt (2003-18); Refer to Declaration of Covenants. Description of any proposed phasing plan, if any; Not applicable. Evidence that all lots and parcels created will have access to a public-right- of-way, as required by Colorado state law; Refer to the Preliminary Plat and the Declaration of Covenants. Total number of proposed off-street parking spaces, excluding those provided for single-family residential use; None. Evidence that all areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified, and the proposed uses of those areas are compatible with such conditions; Jordy AdamsonlH-P Geotech has been retained to prepare a soils and geology reportfor the proposed subdivision. A copy of that report will be submiaed for review and comment. Radiation evaluation for areas of potential radiation hazard to future land use; 815 blake avenue glenwmd springs, colorado 81601 28 p97O9419014 t97O9479131 www.palominobarrh.com (G)A title commitment for property to be developed; and; Refer to Appendix 'K', ALTA Commitmentfor Title Insurance. If there is a subdivision of a section required, a copy of the final work sheet shall be provided fro approvar by the County Surveyor. Requirement to bedetermined by Planning staff. SUPPLEMENTAL INFORMATIoN: GEOLOGY, S o[L, VEGETATION AND MLDLIFE 4:60 (H) Refe, to Appendix SUPPLEMENTAL Refer to Appendix SUPPLEMENTAL Refer to Appendix Single Family Housing lDwetting 'C', Engineer's Site Report. INFORMATION: DRAINAGE PLAN 'C', Engineer's Site Report. INFORMATION: TJTILITY PLAN 'C', Engineer's Site Report. Off-Site Road Impacts Average Daily Traffic (ADT) Calculation ITE Trip Generation Rates Land Use Unils Daily Rate 9.57 Morning Peak Hour 0.75 Evening Peak Hour t.0t 9.57 TripslDay x 3 Dwetlings = 2g.71 TripslDay for the Subdivision 815 blake avenue glenwmd springs, colorado g1601 29 p 97O947 9O14 tgj\g4j 9137 www.palominobarh.com A. B. C. D. E. F. IMPACT FEE WORK SIIEET INSTRUCTIONS Note the name for the project or fee payer on line 1 as well as the type of land use. Enter the road cost at the point of service on line 2. Theroad cost will be based on acapital Improvements Plan adopted by the Board of county commissioners. Entel the road capacity (expressed in Average Daily Trips [ADT] at the point ofservice. This may be determined by the special Repori zilo, uiglway iapacity Manu al (l 9 9 4, Transportation Research Board). Calculate the base road cost per ADT at the point of service by dividing Line 2 byLine 3. Enter the result on Line 4. Determine the ADT per Land Use from the ITE Trip Generation Manual or anothercredible source accepted by the Board and enter the result on Line 5. Calculate the Base Traffic Impact Fee for the type of land use by multiplying theADT per Land Use (Line 5) by the Base Road Cost per ADT (Line a) and ".rt"". tt "result on Line 6. Calculate Tax Credits as follows: a. Enter the equivalent of 80% of the Road and Bridge property tax mill levy(for the type of land use) on Line 7. b' Enter the County Discount Rate (the rate of return the County receives from its investments) on Line 8. Enter the Road Design Life (in years) on Line 9. Enter the Present worth Factor (pur) on Line 10. The pwl for various combinations of Term and Discount Rates is found in the Appendix. calculate the Net Present value of the tax credit by multiplying the Road &Bridge equivalent tax (Line 7) by the pwF (Line 10). inter the result onLine 11. Calculate the IINADJUSTED ROAD IMPACT FEE by subtracting the tax credit(Line 11) from the Base Traffic Impact Fee (Line 6). Enter the results on Line 12.Calculate the INFLATION ADJUSTMENT as follows: G. c. d. H. I. 1o J. K. a. on Line 13, enter Denver-Boulder consumer price Index (cpD for the yearthe road cost estimate was prepared or the year the cost estimate is based. b' Enter the cPI for the year the impact fee is collected on Line i4. [If thecurrent cPI.is not available, use.the average rate of change for the last threeyears to derive the current year index.] c' calculate the Inflation Factor by dividing the entry on Line 14 bythe entryon line 13. Enter the Result on Line 15. calculate the pRE-GONSTRUCTION INFLATION ADTSrMENT IMPACT FEEby multiplying the unadjusted Road Impact Fee (Line L2) by the inflation Facror(Line 15)' EntertheresultonLine 16. Ntte: Thisadjustrnentisnotnecessaryiftheconstruction cost estimate is determined the r*" y"* ".lrr. fee is collected. calculate the posr-coNsTRucrroN ADJUSTED IM.ACT FEE as follows: a' Enter the county's Discount or Investment Rate on Line 17. If the roadconstruction was financed, derive the financed rate from the deb,,"p"y*.r,schedule prepared for the financing and substitute the derived rate for theDiscount Rate. b' Enter the number of years since the road was constructed on Line l g. c' Determine the compound Interest Multiplier from Appendix A. Enter thismultiplier on Line 19. In the case of debt financing, ..ri.. irr"-ffiu,.amultiplier from the debt service schedule pr"p*.a ror the finance instrument. d' calculate the posr-coNSTRUCTIoN ADrusrED IMpAcr FEE bymurtiplving the LTNADTSrED ROAD IMpAci FEE (Line 12) by thecompound Interest Multiplier (or imputed finance multiplier) from Line t 9.Enter the result on Line 2b. i.Project/Land Use frn ramwtfeserre -faM,vrybn/ l)/&rW fue4tjrbrl Base road cost to point of service Road_Capacity to point of Service (in ADT) Base Road Cost per ADT to point of Service ADT per Land Use 2. J. 4. 5. 1/ ADT s 29.7t eot 6. Base Traffic Impact Fee per Land Use TAX CREDITS 7. 80% of Annual Road & Bridge property Tax per Land Use8. County Discount Rate $ 9. 10. INFLATION ADJUSTMENT 13. Denver-Boulder CpI year of Cost Estimate14. Denver-Boulder CpI year of Impact Fee carculation15. Inflation Factor (cPI for collection year/cpl of year of cost Estimate) 16. PRE.CONSTRUCTIONINFLATION{)JUSTEI) ROAD IMPACT FEE Road Design Life (years) Present Worth Factor (PUIF - from Appendix A) Tax Credits : Property tax equivalent x pWF UNADJUSTED ROAD IMPACT FEE per Land Use [Base TAX CREDITSI Years 11. 12.$ $ 17. 18. ATTEST: Discount Rate or Finance Rate Term (Years) Compound Interest Multiplier POST-CONSTRUCTION ADJUSTED ROAD IMPACT FEE $Dated this 14th day of January, A.D. lgg7. o//o Years 19. 20. GARFIELD COI.INTY BOARD OF COMMISSIONERS, GARFIELD COLINTY, COLORADO 417 Clerk of the Board Upon motion duly made and following vote: Chairman seconded the foregoing Resolution was adopted by the Aye Aye STATE OF COLORADO ) county of Garfield ]tt - I, , County Clerk and ex_officio clerkof the go*d and state aforesaid do hereby certifrthat the annexed and foregoing order is truly copied from the Records of the proceedings of theBoard of county commissioners for said Garfieli co*nty, now in my office. IN WITNESS WHEREoF, I have hereunto set my hand and affixedthe seal of said County,at Glenwood Springs, this _day of , A.D. 19.---. county clerk and ex-ofFlcio clerk of the Board of county commissioners ,a2' 5. NUMBER OF LO'D V PLATMAP ENCLOSED?4. TOTALACREAGE: 9. ESTIMATED WATER REOUIREMENTS EXTST|NG D O=VetOprOWELL SPRING WELL PERMIT NUMBERS ?to5s Gallons per Day Acre-Feet per Y/.200 /o - s e lzoof,7d. HousEHoLD ura* 4 of uniis /57yc7dx*Tertontxv cdr',rlllnbrnL usE # -* o'rs.F tRRtcATtoN# {ofacres srocK wATERING + t of head OTHER: F TOTAL - N4UNICPAL F(essoctarlor.tE COMPANY E DISTRICT LETTER OF COMMITMENT FOR SERVICE tr YES or E No Page 1 1 ATTACHMEh,iT C @ INFORMATION SUMMARY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1313 Sherman St., Room 818, Denver, CO 80203 Phone - lnfo (303) 866-3587 Main (303)856-3581 Fax (303) 866-3s89 http : //www.wate r. staie. co.us DEVELOPMENT AS J 2. LAND USE ACTION:v/,f /qrL 3. NAME OF EXISTING PARCEL AS RECORDEO: ,}9 ATbCAz''/ ,&l crr/il1a SUBDIVISION:FILING BLOCK LOT 6. PARCEL Y - Please attach copies of deeds ts, or other or documentation. Section 30-28-133,(d), C.R.S. requires that the applicant subrnit to the County, "Acjequate evidence that a waier supply that ir sufficieniintermsofquantity,quality,anddependabili!/ A. Was parcel recorded with county prior to June 1, 1972? J YES or tr NO B. Has the parcel ever been part of a division of land action since June 1 , 1\72?FYES or I NO If ves, describe the 7. LOCATION OF PARCEL - lnclude a area and ti9-!91Jgqtlon corller. -1t4of the -1t4, section JZ-, Township tr N or!S, Range I r orfrw Principal Meridian: ESiXn trNew Mexico EUte DCostilla Optional GPS Location: GPS Unit must use the following settings: Format must be UTM, Units rnust be meters, Datum must be NAD83, Unit must be se-t to trul ru, D Zone 12 orD Zone 13 8. PLAT - Location of all wells on property must be plotted and permit numbers provided. s Plat KYrs or E ttO lf not, scaled hand drawn sketch: E YES or n No 10. WATER SUPPLYSOURCE PROPOSEO AQUIFERS - (CHECK ON E) E ALLUVIAL E UPPERARAPAHOE tr UPPER DAWSON EI LOWER AMPAHOE E] LOWER DAWSON EI LARAMIE FOX HILLI E DENVER TJ U IIIER: E DAKOTA WATER COURT DECREE CASE NUMBERS: 11. WAS AN ENGINEER'S WATER SUPPLY REPORTDEVELOPED?YES or ,NO IF YES, PLEASE FORWARD WITH TFII be reguired before our review is 12, TYPE OF SEWAGE DISPOSAL SYSTEM SEPTIC TANIVLEACH FIELD LAGOON ENGINEERtrD SYSTEM (Attach a copy of engineering design.) N CENTRALSYSTEM DISTR,ICT NAME: trtr tr VAULT LOCATION SEWAGE OTHEP.: J7 HAULED TO: FORM. FORM NO. GWS-76 02/2005 Easting: STATE CT COLOI\ADO OFFICE OF THE STATE ENCINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-35B1 FAX (303) 866-3s89 www.water.state.co. us RECEfVEE FEB 2 7 2006 G4[tt.,,,, . eurr r r ir,'ii; [piinrru^,,, February 22,2006 Richard Wheeler Garfield County Building and Planning Department 108 8th St Ste 401 Glenwood Springs CO 81601 Re: Panorama Reserve Subdivision Sketch Plan Section 17,T75, R87W,6th PM W. Division 5, W. District 38 Dear Richard: We have reviewed the above-referenced proposal to subdivide a parcel of approximately 46.07 acres into three lots, with one single-family dwelling and one agricultural outbuilding on each lot. The applicant proposes to supply water through an existing well. Sewage disposal is to be through individual systems. No water use estimates were provided. Permit No. 91058 was approved on June 16, 1977 , pursuant to CRS 37-92-6O2(3Xb)(tt) as the only well on a tract of 35 acres. The maximum pumping rate of the well is limited to 15 gpm, the average annual amount to be appropriated is 3 AF, and the uses are limited to domestic purposes in one to three dwellings and livestock watering. The Well Completion and Pump lnstallation Report received for this well indicates that on June 16, 1979, the well produced 15 gpm in a bailer test, with the static water level prior to the test at 1g0 feet. The final pumping water levelwas indicated to be unknown. This testing method may not accurately reflect the current production of the well. We recommend the applicant perform a production test on the well with the pump installed to determine the current sustained pumping rate. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1Xh)(l), that the proposed wate'r suppiy will rrot cause inateriai injury to decreeci water rights, so iong as the applicant mainiains a valid well permit. However, due to a lack of information, we are unable to comment on the physical adequacy of the water supply. lf you or the applicant has any questions concerning this matter, please contact Cynthia Love at this office for assistance. - ,: CMUCJ L/Panorama Reserve.doc . ilcc: Alan Martellaro, Division Engineer, Division S Bill Blakeslee, Water Commissioner, Distrrct 38 Bill Owens Covernor Russell Ceorge Executive Director Hal D. Simpson, PE. State Engineer Sincerely, Craig M. tis, {.e. fic'/ 94. L., 19ee r9r Ja JagJv rtu JHITISLLJUI t I UITIT rHUE- OLIOL f7yeil,x '4' Apnl 27,2006 Palomino Deslgn Brrild 815 Blake Ave. Glenwood springs. Co. 8160i ATTN:Jack On 4126106, a well test was conducted on a well on the Panor.ama Reserve Property. The fol lowing infonnation was obtained; Well Depth ------270' Casing Size------ (7 x 5)" Standing water level------1E3.0', 4 Hours 185'-5 3/4:" Total test time--- Drawdown to -'----- Production is greater than--------- 20 CPM This test was conducted with 2 Hp pump. The well water level recovered back to lE3'-7 %" iAB Minutes. lfyoir have any qr:estions please call me, Raun Samuelson at 970-945- 6309. Sincerely; €{* Raun E Samuelson Samuelson Pump Co. P.O, Box 297 . Glenwood Springs, CO 81602 . (970) 945-6309 . Fox (970) 947-9445. Woter Syslerns , Soles, Service & lnstallationlr't Llc, xc._ .68? 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NV' rru"' r. 1- @oos , r.'iT*: r,rt' .i'irio.il,H,fl*i1.EH$iEl*t li. - 1---.{-_-l-_ _r t . r . .-.,Fffi4.UE.. ..r. -..Ja - ,,r B8a. ! !.T*o ,:flili,T:.ffi lffiI;il;;..{:i r bfrrltltrD.'tor. ,Tj1t io,iilI(eit[ r, +'@oor'ix FerO] Use Onry Insart the Wbtt Fermlt Nsrnb.i qto6B {AME(S) his foiln is filed *rfErened above.-J'---:_ 'ELLlpcATrolli co*ryffi --_-- OvrrnerbWdt besbnaUon $tl+ of the 5E ' 1/'4' Sea -t? -, t'p' 'T . E x. orEls.. RanEe ,*, E a orEJ w..6*- n.u.zP - Fr F.orn E u,orEls,, zr?.o .F[ Frcmtr;. * Dw. ur*rdMsian Nalne ,tailing A04rEr" :ity, S'l Zp_]itlE rel$Ut -t rir(. .rrr, -r -o-, r ?.3t r :iri*{T,g"g'+:-T'nffi iiilffiJ*l*si",irr=1r:r*d]]- = prihitir"sigraiuEffiE r abova lrsted owne(s) say(s) flrat he, :::il:**j ji.:$,r::ilil.dT##.iH::,:"TrEH*#:m:,uy lctron af grgu{rd rualetnestareiil;ffi?l,H^T.P*;g*1 { YLoprJrinowtaqgs. tlls permftted aftnr well location. l-*- t..^v vt ldffirs.Hg riourc.llE[.rffi 3rffi y_1..y-*$.*n-r,iiiilio,.r=og.mif ,?m;ffitr#;[i'.'S# asEhs &r d!6!Ecd 4Pas g-vLvr I l, Lvv)- Jt lvttrt--- . tLU l\Lru ttnLulrvly-- t{l/ I /tr- uiujr.rudu -iru-riiui'm rr"odriiir nciniaffrc Fex N0. s7o .._ zgss IV rru i oirou .{ . | . .it - .:troto*AD! trtwston oFrhere? HEsouRcES #;i;-u,ffi''ffitr.,ffi,i* ":_'1x*#4ffi [::":'L_ jTY;:\ a lJi c *!**i,r; i;n e'r.=>*^ ri "i.s*i - l, 7 -dfr.rno ,r, vz zop- T ,, n '{' .a. f? -r q-,'. /-1 _l* c-.{[ltllom--. - le_Is -[r. lrcrr- :tA-.i- DFULIIrIO geilaa nZ-_Fti-r=r' _cAElNc BEtrtrBD: ns,r eor,6 =--------- s,zol-f &&,tad ).Sn *orn-cr * ,Zgln, Siza_&klnd_Irem _-ts_ -fi..SEe-& hind- ftan--Ja-f& ! t+ , " eDrf*,Ed;_--- sEi .3: - & Uod -R, e a. - trorr. ,2 ?rr_rc _2 Zhtt EIra-Ei krad - - rr=,- -l:. -,:Tr--&\+€-- -fla,r.- to, .tr Inrgtnzlr -f ' '2?' ' GROtmRdREE6RD MrrertJ lmesal Pheunalt **** Vlry- p. *,t ,4,= lruJ3. eR{v€Ltac1r Elte rEsif DArA orr*renrd 7z-a.r-..- _.tg-fr, Staric'Wrtu Level prlgr to - /?n' - .,, ?;pe ot Tesi fump Lei$h pI fesr Suqralnsd ylclc (Merers4 L{ -t Finat Fu6pin3t{gtv'Lzvet -Q a), 4P-ar wrLr r--rA i I roTALaPna 2?a',. CALoIA, Hotpt & HAMILTo, ?.C. ATTORNETSATLAW SHERRYA CALOIA IEFFERSON v. HOUPT MARKE. I{A.}'ILTON MARYELIZAIEtrH GEIGER ROBERTC.GAVRELL I2O4G8AND AVENTJE CI.ENWOOD $FRINCS, COLORADO [160I tfrulx 'Bt TELEPHoNE fft})945.6067 FACSIMITJ (970)9434297 Sender's noil : meg@chlg c coot April21,2006 Richud Wheeler, Planner Garfield Couaty Building & Planning Dept. 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Panorama Resene Subdivision Application Applicant- Con Lenis Dear fuchard: Pusuant to our conversation, this letter will confimr that we will be subrnining for final P]an approval the docruueuts evidencing the formation of a homeowners' association for theabove-referenced subdivision, along with a proposed Declaration of Covenants, Conditror, *aRestrictions to effect the_ownership and opomtion of the shared well and ,oy rirr.a roaO*a1. This letter will also confimr the result of our discussion that rhe Counry is not requfuing dchsubmissions with the prelimioary plan- Please let ne Imqw as soon rs po.siUte if tt" bo*iy *rttxequire an1 other lcgal doornenre, such as a subdivision improvemenrs agreemcflt, so tbai maybe prepared as well fq the fiaal plan approval. P]ease do not hesitate to call me if you have any questions or conoerns. Srncerely, CALOIA, HOIIPT & }IAMILTON, P.C. cc:Cort Lewis Jack Palimino rVry€% Mary Elizabeth Geiger 0 2OnAJ FWI.\-hr-Wheler lf-z firplu 'D' DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANORAMA RESERVE SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE AGREEMENT THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANORAMA RESERVE SUBDIVISION, TNCLUDING WELL SHAzuNG AND IRzuGATION WATER USE AGREEMENT (hereinafter the "Declaration") is made this _ day of 2006, by Cort Lewis (hereinafter collectively referred to as 'oDeclarant") owner of the property described below, which properfy is located in Garfield County, Colorado: WITNESSETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A attached hereto (hereinafter refened to as the "Property"); and WHEREAS, a well known as "Lewis Well" is located upon the Property at a point approximately 2320 feet from the South Section Line and 2320 feet from the East Section Line oi Section 17, , Township 7 South, Range 87 West of the 6ft P.M.; and WHEREAS, Declarant is the sole owner of the Lewis Well (the "Well"); and WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number 91058 for the Lewis Well, which permit allows use of water from the well for ordinary household purposes inside three (3) single family dwellings and the watering of domestic animals and livestock; and WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as Lots A, B and C Panorama Reserve Subdivision-the Lewis Well is on Lot A), using the Lewis Well as the source of potable water for domestic use on such lots; NOW, THEREFORE, Declarant hereby declares that the Well and the Property shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Well and the Property and be binding upon all parties having any right, title or interest in the Well and the Property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Potable Water Supply. The potable water supply for each of the three lots within the Property (a/k/a Panorama Reserve Subdivision) shall be the Well (Lewis Well), as operated LEWlS-covenants and well sharing agmt-2 rff- a Panorama Reserve Subdivision Declaration of Covenants Page2 DRAF'| $P*r/'x 'D' pursuant to Well Permit No. 91058 issued by the Colorado Division of Water Resources. All Lot o*rerr shall be jointly responsible for meeting all obligations set forth in the Well Permit. 2. Water System Easements. All owners of lots within the Property shall have an easement to access the Lewis Well and all pumphouses, storage tanks, pipelines, and other workings associated with the delivery of potable water to each lot (collectively referred to as the "Potable Water System") located anywhere within the Property, for reasonable operation and maintenance purposes. Such easement includes a right to free and unrestricted access for such purposes and shall be twenty (20) feet in width surrounding all parts of the Potable Water System. In the event that any gates, well houses, or other parts of the Potable Water System are locked for security purposes, all lot owners shall immediately be provided with a key and shall not otherwise be restricted from accessing the Potable Water System. The reciprocal easements granted herein shall be for the benefit of all lots within the Property. The location of all parts of the Potable Water System shall be determined by cooperation of all lot owners and in a manner which interferes the least with existing structures including but not limited to houses, outbuildings, and roads. 3. Ownership of the Lewis Well. The Panorama Reserve Subdivision Properly Owners Association (described below) shall own and operate the Lewis Well, the Well Permit, pump(s), and any appurtenant parts of the Potable Water System used in common by all lots. No interest in the Lewis Well and Water System may not be transferred apart from the lots within the subdivision. The Property Owners Association and all members thereof (the lot owners) shall be mutually responsible for the Well and to operate, maintain, repair, replace and improve the Lewis Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in the name of the Property Owners Association. The owner of the lot upon which the Lewis Well is located or the Manager of the Property Owners Association shall be designated as the lot owner to receive all mail and documentation relating to the Lewis Well and Water System. Copies of all such mail and documentation shall be promptly provided to other lot owners, or made available for review at the convenience of other lot owners. 4. Uses of the Lewis WeIl; water treatment obligations. The Well shall not be used for outdoor irrigation purposes, including lawn and garden irrigation, by any lot owner at any time. Use of water for domestic animals or livestock is allowable however such use shall be accomplished in a conservationist manner (e.g.water shall not be allowed to run continuously). If any stock tanks or watering troughs are used, such troughs shall be filled no more than one (1) time per day and shall be heated if used in the wintertime. Each lot owner shall install a flow- restrictor valve on their water supply line from the Lewis Well to ensure that the maximum draw is not more than two (2) gallons per minute. The restrictor should be placed on the iine running into each lot owner's storage tank (described below in Paragraph 7). Lot owners shali be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each lot owner's risk. Any treatment shall be at the option of each individual lot owner' If the Property Owners Association should elect to construct any joint treatment facility, the costs of such facility and operation and maintenance thereof shall be assessed as common expenses of the LEWIS-covenants and well sharing agmt-2 4P4 Panorama Reserve Subdivision Declaration of Covenants Page 3 DRAFT rlffindx 'B' lot owners by the Property Owners Association in the same manner as other common expenses described in this Declaration. 5. Emergency Repair of Water System. In the event that the lot owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potable or irrigation water service, any of the lot owners shall be entitled to undertake any maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any lot owner(s) decide to undertake any such work absent the consent of any other lot owner(s), he or she shall notifu the other lot owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written statement of the work performed and an allocation of each lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each lot owner will attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the three lot owners in the manner set forth below in Paragraphs 9 and 10 for payment of joint expenses associated with the Potable Water System associated with the Property. 6. In-house uses preferredl no waste. In-house use of water from the Lewis Well shall take precedence over use of water for domestic animals or livestock. In the event of a shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No lot owner shall be entitled to waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Lewis Well. 7. Storage. At the time that a residence is constructed by each lot owner, the owner(s) of such shall install a water storage tank not less than 500 gallons in size at such lot owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners' expense where it can intercept all water for the lot from the well and be plumbed into the residence to ensure that there is an adequate supply of water for the residence in the event that the instantaneous pumping rate of the well is inadequate to meet demand. Each lot owner shall also install a booster pump from each storage tank to help meet peak water demands. 8. No Other Wells. No other exempt wells may be drilled upon any lot within the Property unless the drilling of any such well does not jeopardize the status of the Well Permit for the '$/ell which is exempt from administration under the prior appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3)(bXID(A). No other wells may be drilled within the property absent the unanimous written consent of all lot owner(s) and a valid well permit issued by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use of the Lewis Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such discontinuing lot owner(s) interest in the Lewis Well shall revert in pro rata ownership to the other remaining lot owners still using the Lewis Well. 9. Operation and Maintenance Expenses. The owner(s) of each lot shall be entitled to use an undivided one-third (1/3) of the water produced by the Lewis Well. The LEW1S-covenants and well sharing agmt-2 Ar-e Panorama Reserve Subdivis ion Declaration of Covenants Page 4 DRAI'T iTVezoltx /B/ withdrawal of water from the Lewis Well shall be for domestic use in one single-family dwelling on each Lot and limited domestic watering of animals as permitted by the State of Colorado. The owner(s) of each lot served by the Lewis Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the Lewis Well, pump(s) and appurtenant facilities, and the costs of corlmon water lines or other common water facilities. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical iine to the well pump. Such meter will allow records to be kept of electrical consumption each year. If any lot is not hooked onto the Lewis Well, the owner(s) of such lot shall not be obligated to contribute toward operation and maintenance expenses. If any lot is hooked on but has not yet commenced service, no electricity costs shall be assessed against the owner(s) of such lot. In addition, the owner(s) of each individual lot shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that lot, including individual service lines and any individual storage tanks. The Declarant will establish the Panorama Reserve Subdivision Property Owners Association (the "Association") pursuant to the Uniform Unincorporated Nonprofit Association, Act, Colo. Rev. Stat. Sections 7-30-101 to 119. Each lot owner shall be a member of said Association and such Association shall be empowered to enforce all terms and conditions set forth in this Declaration. The Association shall meet once each year in June to appoint one owner as the manager of the Association. The owner(s) of each lot shall contribute $100 per lot (total of $300.00 each year) into an account to be held by the manager of the Association. These contributions shall be used first to pay monthly electrical expenses associated with operation of the well pump. Any surplus funds each year shall be held over in the account and designated for use in the event that the pump needs repair or replacement. If these funds are fully used in any given year, the owner(s) of each lot shall make additional proportional contributions (1/3, ll3, l/3) as may be necessary to cover expenses for that year. The Property Owners Association shall operate and maintain the Potable Water System and pay any associated costs for maintenance, operation, repair, replacement, or improvement of common faciiities. Non-essential maintenance, operation, repair, replacement or improvement of any part of the Water System shall only be performed after consent of all lot owners. The Property Owners Association shall be empowered to assess each lot owner proportionally for common expenses in excess of annual required contributions, and to lien the property of arry lot owner who fails to timely pay any such assessment. All lot owners shall be entitled to an accounting of use of community funds upon reasonable request to the manager, who shall keep records of contributions and expenses for operation and maintenance of the Potable Water System. 10. Collection of Joint Expenses. As set forth above, a homeowners association tobe known as the Panorama Reserve Subdivision Property Owners Association shall be established by the Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev. Stat. Sections 7-30-101 to -119. This Property Owners Association shall levy and collect from each lot owner his or her share of common expenses for the Lewis 'Well, electricity, or other common expenses within fifteen (15) days from the time at which a written statement of expenses is presented for payment by the manager of the Property Owners Association or the owner(s) of any other lot. In the event that the owner(s) of any lot fails to pay his or her share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid LEWIS-covenants and well sharing agmt-2 i?-rp Panorama Reserve Subdivision Declaration of Covenants Page 5 DRAF'| /7pn/ix /B' amount shall accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days after presentment. In the event that any lot owner fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant lot owner by certified mail sent no less than thirry (30) days prior to termination of service to the last known address of the delinquent owner. Any lot owner(s) that have paid the delinquent owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and costs incurred by the owner(s) of any lot(s) or the Property Owners Association in the process of collecting any amount due from any other lot owner(s) pursuant to the terms of this Declaration shall be paid by the deiinquent lot owner(s). 11. Access to Lots A and B. As shown on the plat map attached as Exhibit A for the Panorama Reserve Subdivision contemplated herein, Lots A and B will be served by a single point of access from the County Road known as Panorama Drive meeting the primitive residential standards called for in Section 9:00 of the Garfield County Subdivision Regulations, with Lot A and Lot B to each have their own driveway spur off of this access road. The driveway access shall be a private road that will be maintained by the Property Owners Association. The Property Owners Association shall assess the owner(s) of Lots A and B each for frfty percent (50%) of expenses associated with construction, operation, maintenance, repair or replacement of the access road, which shall be constructed in a manner that complies with all applicable Garfield County standards, including but not limited to Section 9:00 of the Subdivision Regulations which also requires thirty-foot wide accesses with a single lane at least twelve (12) feet in width with a native surface, and a "hammerhead" turnaround at the driveway spur of each Lot A and Lot B. In addition, this access road and the driveway on Lot A shall serve as the vehicular and pedestrian access easement to the Well. In accordance with Paragraphs 9 and 10 above, each Lot (including Lot C) shall be assessed a portion of maintenance of this access easement as it pertains to the Well to be determined by the Property Owners Association. L2. Pets. One dog shall be allowed for each residential unit and the dog shall be required to be confined within the boundaries of the lot upon which the dog's owner resides. 13. Foundations and Individual Sewage Disposal Systems. A professional registered engineer with the State of Colorado shall engineer all foundations on each Lot and all individual sewage disposal systems (ISDS) used to serve each Lot. 14. Fireplaces. No open hearth solid-fuel fireplaces will be allowed anywhere within the Leo Subdivision. One (1) solid-fuel burning stove as defined by Colo. Rev. Stat. Section 25- 7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units shall be allowed an unlimited number of natural gas or propane burning stoves and appliances. LEWIS-covenants and well sharing agmr2 Al,-7 Panorama Reserve Subdivision Declaration of Covenants Page 6 DRAF-| t477d,'r'A' 15. Fire protection. In order to minimize fire danger within the Panorama Reserve Subdivision, all lot owners shall be required to: (1) rernove vegetation within a reasonable distance from all structures in order to provide a safe zone in the event of a wild land fire; (2) consider the weights of fire apparatus and accessibility requirements when constructing access driveways into the lots; and (3) post addresses at points where driveways intersect the County Road and on each residence if shared driveways are used (letters for address signs must be no less than four inches in height, one-half inch in width, and contrast with background colors). 16. Drainage. On the Property, one existing culvert exists at the irrigation ditch that crosses the Property. In the event the Garfield County Board of County Commissioners determines that the development of the Property will create run-off in excess of historic site levels and that additional drainage facilities are necessary, the Lot owners shall be responsible to comply with Sections 9:41, 9:42,9:43 and 9:44 of the Garfield County Planning and Zoning Code in constructing any drainage facilities and each Lot owner shall be fully responsible for such as may be necessary for their Lot. In the event drainage facilities are needed for the access road described in Paragraph 1 1, above, such expenses shall be shared 1/3 each by each Lot. 17. Traffic impact fees. As determined on the final plat of the Panorama Reserve Subdivision and the Subdivision Improvement Agreement (SIA), each Lot owner shall be responsible for their 1/3 share of the traffic impact fee to be submitted to Garfield County. Declarant shall be entitled for reimbursement for this fee when each Lot is sold. 18. Colorado "Right to Farm" Requirements. Pursuant to C.R.S. $ 35-3-101, the Lot owners must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All Lot owners must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, any one or more of which may naturally occur as part of a legal and non-negligent agricultural operation. 19. County Maintenance Requirements. All Lot owners have the obligation under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning and other aspects of using and maintaining property. Lot owners should consult with "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County for a reference to these requirements. 20. Exterior Lighting. All exterior lighting on any Lot will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the Property, except that provisions may be made to allow for safety lighting that goes beyond the Property boundaries. LEWIS-covenants and well sharing agmt-2 Ar- a Panorama Reserve Subdivision Declaration of Covenants Page 7 DRAF-| Alfruir 2t' 22. Severed Mineral Rights. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surfaco estatetherefore allowing the potential for natural resources extraction on the Properfy by the mineral estate owner(s) or lessee(s). 23. Covenants to Run. These covenants and restrictions shall run with all lots withinthe Property and shall bind the owners thereof, their successors and assigns. 24. Enforcement. This document may be enforced by any lot owner(s) or anygoverrlmental agency having jurisdiction over the matter, by an action for damages or fo,injunctive relief to restrain or mandate any action required Uy itris document. The intErpretationof this document shall be governed by Colorado law. Unless the parties to any dispuG arisingwith regard to this document agree to an alternate form of dispute resoiution, ,erre for an!dispute arising with regard to this document shall be in the courts of Garfield County, Colorado.The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 25. Amendments. This document shall be recorded in the real estate records ofGarfield County, Colorado. This document may only be amended by the unanimous writtenconsent of all lot owners within the Property. No amendment shall be effective until aninstrument setting forth such amendment, signed by all lot owners, is recorded in the real estate records of Garlield County, Colorado. 26- Severability. Should any provision of this document be declared invalid orunenforceable by a Court of competent jurisdiction, such decision shall not affect that validity ofany other provisions, which shall remain in fulr force and effect. DATED:,2006. DECLARANT: CORT LEWIS STATE OF ILLINOIS COIINTY OF COOK The foregoing Declaration was subscribed and sworn to before me this _ day of ,2006, by Cort Lewis. WITNESS my hand and official seal. My commission expires: LEWIS-covenants and well sharing agmt-2 ss. Ar-? a ---_-,. ,ra l'. ' .r: r-*. kprli* 'c / ENGINEERING SITE REPORT for: PANORAMA SUBDIVISION BONDALE, COLORADO INFORMATION FOR: WILDLIFE MANAGEMENT GENERAL SOILS INFORMATION CONSERVATION AREAS VEGETATION PLAN JOINT WATER SYSTEM DRAINAGE GENERAL IMPACTS SEPTIC SYSTEM FEASIBILITY DRIVEWAY LOCATION Date: April 2006 Assembled By: Rrcx L. Benrn, P.E. Rro MouNrarN Crvrr, Isc. I{-Lt;, Mi,lt:rr;iru:r Cml, llrc" fir-tt \. .t'- uii.-' 't+1. ..t. ,l 1l .j, 1\ i I-'1 -.l I I l I I i, Panorama Reserve Subdivision Engineers Reporr, Aprll 2006 VEGETATION COMMENIARY AND PLAN List Tasker of EM Ecological, LLC has been conrracted ro conducr a fieid possible invasive species. Steve Anthony has been conracred and we mitigation, if any noxious weeds are found. According to the Counq,/ maPS, the primary wildtife areas where the proposed subdivision is iocated are MuleDeer (year around), Elk winter range and Black bear. The anticiput.i .o.rrrruction should nor negativelyimpact habiut for any of these as the vast majoriry of the parcel shali remain in it's narural state. GENEML SOILS INFORMATION The soils are SCS classificadon 34 & 35, Empedrado Class B, and some SCS Class 87, Morval Class B. AIlsoils have generally moderate to good permeabiliqy. For both soils, common narive ground cover is rypicaliyvarious grasses, smaller shrubs such as serviceberry, and sagebrush. Slopes vary but get up to as much as40%' The soils are suitable for surface or dryweli diainage faiihries and septic ,yrr.rnr, iF properly designed. POTENTIAL CONSERVATION AREAS According to the counry mapping there are no conservation areas with which to contend. 113, 103 or 150, all into 3 separate single survey for existing vegetarion and wiil provide a full report with lyVenlt, 'c' Rrp MoulrralN Cnu., Ixc, ENGINEERS SITE REPORT PANOMiV1A SUBDMSION, GARFIELD COUNTY, CoLoRADo REPOM SUMA4ARY & ANALYSIS METHOD This brief reporr derails general informarion concerning the following issues:o Wiidlife management reviewo Ceneral Soils Information o Potential Conservation Areaso Vegeution commentary and piano Joint water system basic informationo Ceneral drainage plan . Sepric System Feasibiliry o Driveway Layour SITE TOCATION The site is located along Panorama Drive (Counry Road 170) accessible from CR,s connecting to Highway 82. lt is currentiy a vacant 46 acre parcel planned to subdivide family lors. WILDLIFE COMMENIARY C:\RMC\PROJECTFILES\2OOS\2005-3S\L-060328_panorama.doc lr-t t ,lTpnlix 'c/ Panorama Reserve Suborvision Engineers Report, Aprll 2006 Rrp Mourrarx Cnm, INc. JOINT WAIER SYSTEM A single permitted well exists on site within the lot "A" envelope. This weil is permitted as an exempl, 1.5 gpm well per standard State Department of Water Resources methods (permit #9i058). A recent test by Samuelson Pump Company revealed a flow capacity of 20 gpm, above rhe permitted limit. This well shall pump to a single 1,000 gallon buried cistern. From that tank, each home shall have it's own pump and telemetry installed to pump to their respecdve homes. Each home wili likely require a pressurized bladder tank and perhaps a secondary srorage tank depending upon individual lor submittai requirements. The 1,000 galion tank shall have a series of fioats that wiil shut off the individual lot owner's pumps as required to keep a set minimum volume in the tank at all times and keep the well pump rate at no greater than 15 gpm, per the permit. All appurtenances shall be placed within newly established easements under the HOA control. Samuelson Pump Company will assist in conceprual designs for the water system for the furure iot owners. GENERAL DMINAGE INFORN4ANON Each lot shall be responsible for their own drainage plan and controls. Each building envelope is at or near rhe rop of a drainage along in their respective portions of the parcel. Therefore off site flows are not likely to create an impact. Ior on-sire runoff, each lot wili be responsible to submit their own drainage plan for building permits. In general, it is anticipated that large homes (5,000+ square feet) are anucipated. Of primary issue will be home location within rhe envelope. Depending upon individual lot owner desires, there is the potenual for split flows, some norrh and some south. However, the permeabiliry of the soiis allow for surface detenuon facilities or drywells. The only significant off-site runoff issue is the main irrigadon/drainage dltch that runs from ESE to WNW through the general cenrer of the sire. This dirch has a 24" culvert under Panorama Drive Loop. No aiteration to rhe dirch or this culvert is anticipated. Each lot owner shall be responsible for their own drainage and detention design so that increases in design storm flows should not occur. SEPTIC SYSTEM INFORMATION As with the drainage, each lot owner shall have ro submit their own septic system design per county and/or state code. Preliminary indicators show that site soils are suitable for rypical septic system designs. Current commonly found products allow for septic system disposal fields to be constructed on the slopes and following contours if so desired. DRMEWAY LAYOUT The existing mainrenance road entrance will be utilized to access Lots A and B. This access is approximately 50 feer from rhe exisring driveway for Homestead 31, across Panorama Drive Loop. We intend to leave the driveway in it's current location for the following reasons. C:\RMC\PROJ ECTFI LES\2005\2005-35\L-060328-Panorama.doc AftI+ Panorama Reserve Subdivision Engineers Report, April 2006 We trust that this answers many of the Please do not hesitate to contact this office Respectfully submitted, Red Mountain Civil, Inc., P.E. 36749 questions raised during the sketch pian submittal for Panorama. if there are questions or additional information required. ,4//en /i* 'c/ Ruo MoUNTATN Cnm, INc. Homestead 31 drive creating a significant 1) Relocating the driveway to match up directly across from the wouid require reconfiguring or piping the irrigationf drainage ditch and "S" curve in the driveway entrance to get proper alignment. 2) Relocacing the driveway would require additional unwanted disturbance of existing vegetation. 3) Relocating the driveway 200 f.eet away from the Homestead 31 drive would require significant disturbance and cost. The only direction the driveway could move would be to the west and an easement would be required from the Lot C owner as this drive would not serve Lot C but only A and B. 4) Obviousiy, cost. Counry Code section 9:32.2 requires driveways be aligned whenever possible but section 9:32.3 allows for alteration of thls alignment requirement if existing geographic circumstances warrant such an allowance. RMC submits that we are in such a case. Secondly, this is an exsting drive that has been in place for many years and the proposed uses are for iusc nvo single family lots. CONCLUSION C:\RMC\PROJ ECTFI LES\2005\2005-35\L-060328-Panorama.doc lf-rE q/ -dtr ./, flEtt 0?u{rdsForlqc ,0rL 0S$ raruo'0a ,lrlllrY EUI€ lI0I 'ra'SElvlcow I llr8oal{IAw lfl 'lt *l irgr3rg\td :,(8 qEfiI(l,LlNvutlva'rvlf,gas try:'l"c l-.oL',oJ g'.11'\L i -or) L dll?Nl5Nf STI.{nS qg<g( niiffi rif, ffi iuitfr iiii,niimitf, t'fi'ffrl rrall'lj,\ ls]U olBp ar{l uo paJp 8I{r poln'ax' EEq .tolUEJD cqr .Jogug8Jh ssi:INlt/h NI 'roluErg oql r.Purr ro qlno:g "(q'Jorrsr{t rrya !u 'o 1lo!i aqt tutrllalr roos'rcd .ro uos:cd r$aaa prre tF rurctu .ru!1scr p* i pq 14 'mlwro oql Jo uolsse's5od clqsc*crl pus roFb "q, ,l-i..ii".ro gculrel3iaaoqu cro gttS{3g utAeuoc clNV -lNwuvfi\ lll,t DuB fpW rf Uqi artz'gn luiua^6- op "tGieons lu tt^ltlluasaldcr pmrad pue t t"q sll )t3'u roJ :ii""E""i;;f -t-T-lt" P" trp{ 5.1 'anuErc rto olrm taw,+rtdde .rll t[!.r Peq!$scP puu purttnq *roqr raqued ptx em <laon oI oNY gavll oJ' ffi*ffi#i:;$mffiffiftH#tpuzrlPulEurar'*,.';poLuop,oo-{il^'?uiu''rr'raddtl-l'r'{wut'ro'tulEvolaq qilaql sacuEu-ilil-Pt" o"'"itp"-q agr reln8up Pr'? lls $la xrrilflcor 'noulgar Iq qanq par.rodroout ptn ![aoq pqteut '8 Uqlqrg uo poqlr$l'P (ryTar1| uotrt tI llHur'sra rplr{a'v {q$lxa uo poqpercP ,.u,,ffi,ffiEiffiffi## #ns'#k'trt5tffir?H""i$.-P4i6EryJlqro '(qe$H tt .*d;;J*;-:j* * ':9:J-eql"uoi*inst'oo elqo'F puu poo' :atpo flI! iltl1oo *rio'J"'-tol""i'gt'+!sr'6 ul pru lo; 'ol.ug an $t{t 'Hgssapurl l(.altn:g" g*r,*ffi t# TB 39Vd L F IF ". oAl -A/F,nc:rT QAAT tt7 tba GITI^II,I s:Isr8dxerNa hlvaEs adrd '3AOgE Iwdruo3 opErogJ f 0../ t t rlow6 1J: bH 9 tv-te 31 3 SOPRIS ENGINEEI PAGE 82 fuF*t,xD, STATE OP N6RTH CrnoLrn) COUNfi OF I.IAKE ) ss. ) Acknowtcdgpd, rirDrcribed, and rtilom to bcfore me this - 24 day ot JUNE - r 1991, by Eric I-rpFEla ar lrcrident of Pipo Drarn Enrcrg'uct Unilcd Liability Company. WTINESS my lund aad official scal. 8/11 12001 sr rE oF c'l^t COUNTY OF I\,\A.ut'^' My Comrnlrsioo erpiresl 3 '-3- )<.rr,.-t:; ) ) ss. ) A.lilowledgEd, rubscrihed, erid swom xl before ,* aart/|.+o^y of kb'*-= 1997, by rohs O. Cstt! 1$ Scsrchry of Pipe Dmarn Entcrpriscs Limitcd l.iebilitf Company. WIII{ESS my hrnd rnd official seal. rcEWffir a{a-iiiiijrfr7liit' jiiJil;2of!t2l.e0Do.Cerr l|.flx.q!I|uuflflniltlfl!fiffiurflfll]nt o.tc GnfrFtELO ctEnX HE6r,lt\f, ,n ll. lt7 frP- tt .i. t,rt.i -''/ 7t;i-' -4' 5[JTl( J,J LI\(fII\Ltr,X' ..':HAUL EJult .a t LvuQ lJ. Jo a t o- t rJq--t.7L 5 r-{ dI $*o \Pnas lptnlix 'D' LEGALTESSEIIETOIT ffi#H{}',ffi i',Hn^efifi ffi'*ruTlttflca H 89 degrces 32'?t e"rilirLp-."s, conteininS' 35'002 actes' CorntY of Grfield Stue of Colorado $ulJr##flrflrHwlrt$Lutt't frrt'r?l-3tll.lr. t' ttn trttiDtt l ,ff'ts oq/ tt/'tgvb I3:bB 379-7A 3l- 3 SOPRIS ENGINEEF LECAL DESCIU}TION A Tldny foot Acccrr rrd Utllily Errcmanr thl tcalnr on the Eartuly 0ounduy rnd temirrto on the Sourhrrly boundary of e prrcol oflrod dolcribcd rl fqllows, A pertd ot lrnd sfirrucd in tlrc Ell2 ol Soaion 17, Towrdnlp 7 Sourh. lenge 87 Wog of thc 6tft. Prhcipd Mcridirn lying errtrly of the Nonh-Sorrh ccntcdinc of reid Scction l7 rad rourhcrly of tho rqrficdy right of wry lho of r 60 lbor' roed ri8hr of wry. *id prrcol rf lrnd ir derc.ribcd E follows: Bcsianett rt r ptint on th. NortLsdnfi cfitcrlinc of rricl Sccrion 17. &on whieh thc Sotflh qurrkr Corncr oFcrid Sccrion l?, r rebr uut crp L,S. J933 iruted ' N l/4 .Scclioo ?0". found in plrco. barr S. 0O dcgrlcr I l'ao' & 1045.53 Eot ficrrsa N. 0O rloglcr I t .ll0' W l.l?o.rs ,bct rloag thc Norlh-Emth cc*alinc of rrid Scairur lz ro I poi* m rhc rorrtrrty r[hr-of.vqr dtdd rnd rjgfu of wry; tcecc doBt r.id righr.of- *ny H. 7e dqFeor t4lt0' E 8.t6 farc Orsrce tt.40 &a rloeg thc rre of r rrlryc to tho ndtl lt viq r ndiur of 599.00 fcd, th. clrord of rfrict borr: N. 7, dqmlr 5122' E. f8.14 fcct rhercG N. 8l dlgrErr 2t.l3' E. 67.C{ fd; ihrncc 7t.t7 fta drl4 thc uc of r Orv+rorherigln huiage rrdbaof 2!18.6gfua,llachOrdofrrrtiehberrr: S, at &Brcar 4r?9i 8, 78.{8 frd.: rhacc t78.61 fo* rloag th! uc of r cuw! to thc k{1, havlag r ndirrr of .47,s1 fc.t. rhe chord of whid bcts N. 19 &grcr 3t!0' E l?1-a7 fb4, thcncc N. 78 degrocs l2tl)' E, 686.87 icet: thrnce t75.1{ fa elrmt thc.rc of a cr,rrvc ur rhG nghl hrhg t rrdirr of llOS-71 ltrr, Ste cbrd of nlich barr: N 82 dcgrccr 0129" E, t75.?t fcet; ttrancc S. 03 .lc6rc"s t7r3' W. 7t.ti faal ttrcnce a59,16 fect rtong rhc rrc of e orrve to the right. hrvilg e rrdirrc of 379.9t foar, $c drord of wtridr bcm: S. 38 dagrcartl502'W. a30,al fcct:t[cncc l70.9afrrtelongthrrcof rcilrrycrorlrcl'?ft, hrvlng r ndirr of l8tl.7? fo.., thc drord ofshich bcrn: S. {7 dcgcer {2'15" W. t6{.91 lczr; rherrcc lrl,62 fert rhng rhc err of I curuc to rhc lcft, havinB e rrdiur of 26t.7] fccr, thedrordofr'filch'barftS. ilCcglErtSaO"E. llZ,trlfca;SrocS.5Odegrt.i54110' lJ. 7. l6 lbcr; lharce 306.62 fei dong thc rlc of r curw to rhc rfuhr. hrvirrg e rrdhr; of 9?0.20 fcst. lhc chord of whirtbcur: S- ll dqrccr ll!0' E 305.36 fta; thtnr:o 185.01 fcei rlong rhe mc of r culre ro ||ic kfr. hrring r rediu:r of 1006,10 fc{t thG chord of which bcrm: S. l? do6eea 57t9'E l8{.t5 ftcg ficncc S, {} &grecr 1158" E. 170..1? fcct; thcrrcc lceving rid righr.of-*ry N, !6 da6rs O{..0' lt. 4t.55 frcr; rhcncq S. 69 dqnrs 3423' W, {9.64 fccB; rhcffG S. 64 dryccs 3635" W. 76.5t fcet: rhcncc S. 03 detrtca l7l7' w, 77i.60 fcct rlr.ncc N, 6? drtrttr 4l?7' W. l26t.12 focl to rhc pninr of bcginning: Gonrrinlng'46,O(Xl'rcrcs. County of Crrfiold. $utc rrf Colorrdo Slid AccEB rnd tJtility Ersernart ir ttirty fcct sid.lying niala fccr on rch ridc of rhc clnl.rlinc oFlr oriling &ivmy being norc nrniculrrty daflibcd rn ftllowr: r ffilllH nHH flffi lfll $lllt ffitII lll illt lil illl V!;gt2a oafiller$,Er llri!? !l!23 ttrr ltl4 of I f, ZC.O0 D e.Oe X O.tt gilFIELD CLInX E-tatDlL B-1 PAGE A4 lTyenlu P' 0f- rt SOPRIS ENGINEEP'PAGE g5vcl t / t'twb r 3: 58 979-79/ -7L3 /7Pnln '2' Bcglrming d r poinr on lhc E!!t!rty bounrlrry of ttc oborrr dGlcibid-Frcd rnd thc Wirafy-rift'r*F-rrty linc otrrill 6O foot roia dgFof-tqy fro.' urtich rhe Fr*crly morr *Ci" dit"of si.f p'.roa hqrr S g dcgrrc.r l3'it" E ?6.5 t fcct. rlgo from which 6'e Sourt'Qu"n, Conrar of crid Sccrion tf banr S 29 dcgro6.26'18" W 2691'7? fect; rhcncc ilolg rirc scntgline of aid erinim dtiusffy S 6, dGgrGB !!st'-v i6-2:0o fcrrl rht,'rc! 149, t6 fcct cong rhc rrc of r anrvo to d|G ,iBtt hrvitE e ndiut_of 91.39 feal, th6 slsrd of wldch bG!'! N 7t rlcgrru ZZ'l+'W lla.26 ft{d: rhctEc 9}.21 hst rlong thc lrc 6f 1 6grw to the left hrr.Ar8 ^ ndiur of t7.75 Fr.{, the chotd of which bcrm N 5o dtgrccr 29'05. W BB.qz tca; rhqrcc N !6 dcgrces 55',36' W tr5.r3 fao$ rb.llc. 4l.rl ftrt rbag thc .rc of r crtn c totha right hvtng-r nihu of I I J.2l fccl tro choad of,r{ich harr N 7a dcgrreo !oal' w 4t.6[ ti*t; ,p[,". X 66 &gcos 0{']Z' w t!7'6? Gct; rhorto t06.JE fccr dorrg tho rrc of r qrwato fh lcft trvingI rediur of 12a.39 feet, the chord of u*ridr bors S 89 rtqrcrr Zr39' W I 03.36 fur; rtr*c S g d.g..t '9/Ur Y ryg ftett th:ncc I I 2. I I fta eLo!8 tlo uo of r trrvc to 6e tillt trb e rrdiur of l2I. t 3 &rr. thc tllotd.f *hich D€rrr X ie rycer Ort t' W 10i.29 ftc&, rtrcacn N 62 dcgrc'r 59'13" W tr29JG Ga; thffi! ,t.r{ k iorry thc rc of r orvs to thc tiglr hrvtw r rrdirr of se.o| ftGr. UodE d of*mf,-to-tiii lry*tttr'Wr?-6,'4 &rc tszl! fcr rlotB tho.rc of . cu^rc to tt lcft hning r rrl.Iur of l2lif tc{i' rho Gtord of dtidtb?[! N 6i @92c* 1.r,t2. W L4r.l1 feq: rftdce S t-21 &A dog thc sc dr ctrrvc m rhc lcll hrviB o-td|rrortl"4t fcct, rhc chord of llrialbclr! s.l{ dctF.3 26'22' w 47.50 fccli rtrarca 5 rt dcgretr 142?, W lt2.ll fcrq o'g|ce lll.t9 ftlt rhrg lterrc ofr cut,w lo rhc lrft hrvinB r r:diur of I t 0.{l fcer, thc o}rc(d ofuitict bcrs s lo dcarras 32'46' E r?9.10 fcrt:GcrrccS ?7 dagfe l9'7' E Zol.9l fta: ttrclco lt.{5 fca rlong llre rrc of r crrar to rhc tcQ trrvi*g r ndiur of 16,6,a6 fat. thc chord of udrich ba.lr s zt2 do8ryct 4!'!9{ E BB,lt foct rtrarcc.S 5s dr{ra0725- E ls-tz fca; rhtre l}l'08 fet dor6rho arc of e curvc ro thc right hovtry r ndiur of 1O7.47 ftcr- lto chofd of vtictr bc$r-\ 23 degrrcr rO,tJ* F, ta.ib, ro rfrc-poitr Of tcrninrrs oo rlrc Southdly bOundrry of seid prrcct tom wtish thc rou(h*$t csmcr of a{d prtcd beerr N 67 dcgrccr 4 I 2?' W 2tt8.l I fcet. Llllllllllll flrfl ffil ]il tLt ilil] il[]] rfi LI.lBt?q *t?l.11957 Etrltl llg$t p8at? srl3 rr. zG.aC ! e,C3 X i.m emrr*O Cen< Edrlblt B-2 /f- n +(s\ * N * T\ ![ztsrotr 't' E/'+O .e ll.str(lfrfcrl.^EtF'C :.I ;' :Dt ;7, lTyen/,^ 'F' ALTA Commitment For Title Insurance American Land Title Association (7e66) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 231 MIDLAND AVENUE, SUITE 103 BASALT, CO 81621 970-9274993-PHONE 970-9274095-FAX 888-340-4343-TOLL FREE E-MAIL ADDRESS: Iglry*o$tlelnsumnceGrppmtio,-1r Home Office: 101 Gateway Centre Parkzuay, Gatezoay One Ri chm ond, Vir gini a 2323 S - 5L S 3 7-800-446-7086 CLOSING MATTERS: Kathie Jaycox-kathie@sopris.net |ennif er Stepisnik-pctb@s opris.net TITTE MATTERS: Kim Shultz-kim@sopris.net Nola Warnecke-nola@sopris.net Issued By B 1004-268 4P- zz ,lguyersltle Insurance (grpomtion lTpn/,'x 't' COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 16,2006 at B:00 AM Case No. B43B.1L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 621,000.00 Premium$ 1,525.00 Proposed lnsured: Rate: Standard CORT LEWIS (b) ALTA Loan Policy-Form '1992 Amount$ 496,800.00 Premium$ 100.00 Proposed lnsured: Rate:Companion JP MORGAN, IT'S SUCCESSORS AND/OR ASSIGNS (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed lnsured: Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GRADY A. OLSON and CYNTHIA K. OLSON 4. The land referred to in this Commitment is situated in the County of GARFIELD State of COLORADO and is described as follows: See Attached Exhibit "A" PTTKIN COUNTY TITLE, INC. 231 MIDLAND AVENUE, SUrrE 103 BASALT, COLORADO 81621 970-9274993-PHONE 970-927-4096-FAX 888-340-4343-TOLL FREE E-Mail: pctb@sopris.net AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. AP-zz fiyprllr F' EXHIBIT ''A'' LEGAL DESCRIPTION A parcel of land situated in the EYz of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian lying easterly of the North-South Centerline of said Section 17 and Southerly of the Southerly righlof-way line of a 60 foot rojd right of way. Said Parcel of land is described as follows: BeginningatapointontheNorth-SouthCenterlineof saidSection lTfromwhichtheSouthQuarterCornerof said Section 17 , a rebar and Cap L.S. 5933 marked "N 7+ Section 20" found in place, bears S. 0O'1 'l'40" E. 1945.68 feet; thence N. 00"11'40'W. 1470.25 feet along the North-South Centerline of said Section 17 to a point on the Southerly right of way of said road right of way; thence along said right of way N. 74"14'00" E. 8.36 feet: thence 88.40 feet along the arc of a curve to the right having a radius of 699.09 feet, the chord of which bears N. 77" 51'22" E. 88.34 feet; thence N. 81'28'43" E. 67.84 feet; thence 78.87 feet along the arc of a curve to the right having a radius of 230.68 feet, the chord of which bears S. 88"43'39" E. 78.48 feet; thence 178.61 feet along the arc of a curve to the left having a radius of 447.52 feet, the chord of which bears N. Bg" 38'00' E. 177.42 feet' thence N. 78"12'00" L. OAO.aZ teet; thence 175.84 feet along the arc of a curve to the right having a radius of 1305.71 feet, the chord of which bears N. 82' 03'29' E.175.71 feet' thence S. 03"17'33" W. 71.85 feet; thence 459.16 feet along the arc of a curve to the right having a radius of 370.98 feet, the chord of which bears S. 38" 45'02" W. 430.41 feet; thence 170.94 feet along the arc of a curve to the left having a radius of 184.77 feet, the chord of which bears S. 47' 42'15" W. 164.91 feet; thence 333.62 feet along the arc of a curve to the left having a radius of 265.73 feet, the chord of which bears S. 14" 46'00' E.312.14 feet' thence S.50"54'oO" i.l.16 feet; thence 306.62 feet along the arc of a curve to the right having a radius of 974.20 feet, the chord of which bears S. 41' 43'00. E. 305.36 feet' thence 185.01 feet along the arc of a curve to the left having a radius of 1006.40 feet, the chord of which bears S. 37" 57'59" E. 184.75 feet' thence S. 43'13'58" i.llO.q fuet; thence leaving said right of way N. 86'04'40" W.48.55 feet; thence S. 69'34'25" W.49.64 feet; thence S. 64"36'35" W. 76.55 feet; thence S. 03' 7'17" W .778.60 feet; thence N. 67" 1'27" W. 1268.12 feet to the point of begining. County of Garfield State of Colorado AP-ze ,471zlr* 7' SCHEDULEB-SECTIONl REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for theestate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and dulyfiled for record to-wit: 1. Release by the Public Trustee of the, Deed of rrust from : GRADy A. oLSoN AND cyNTHrA K. oLSoN to the Public Trustee of the County of Garfield for the use of : WESTSTAR BANK original amount :$ 299,650.00dated : JULy 2B,2OO4recorded :AUGUST 19,2004 in Book 1615 at page 123 reception no. :659152 2. Duly executed and acknowledged Deed,From : GRADy A. OLSON AND CYNTH|A K OLSONTo : CORT LEWIS 3. Deed of Trust from : CORT LEWIS to the Public Trustee of the County of Garfield for the use of : THE LENDER To BE TNSURED HEREUNDER to secure : $496,900.00 4' Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 5' Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons,corporations and firms selling Real Property in the StaG of Colorado. (This instrumeni is not required to berecorded) 6' Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required byH'B' 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered toand retained by the Assessors Office in the County in which the property is situated) ll'zt ftlwilx 'F' SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records.2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records.4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records.5. Defects, Iiens, encumbrances, adverse claims orother matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7 . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded February 19, 1934 in Book 172 al Page 541. 8. Reservation by the United States, its permittee or licensee in Patent recorded March 17 , 1934 in Book 112 at Page 610 as Reception No. 117024 which reads as follows: "the right to enter upon, occupy and use any part or all of the part of SW% SE% of said Section 17, lying within 40 feet of centerline of transmission line right of way of Colorado Power Company for the purposes provided in the Act of June 10, 1920 (41 Statute 1063) and subject to the conditions and limitations of Section 24 of said Act. Herbert Hoover." Easement and right of way granted to Rocky Mountain Natural Gas Company, lnc., in instrument recorded April 29, 1969 in Book 401 at Page 392. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, lnc., in instrument recorded October 19,1977 in Book 501 at Page 802. Terms,conditions,provisionsandobligationsassetforthinDeed recordedJune26, 1997inBook1023 at Page 638 and Deed recorded June 26,1997 in Book 1023 al Page 633. Electric, Gas and Access Easements as shown on the boundary survey by Lines in Space, dated December 13,2000. o 10. 11. 12. AP-25 l77w,t* F' ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forthabove: (1) The Deed of Trust, if any, required under Schedule B-Section 1 . (2) Water rights, claims or title to water. (NoTE: THls EXCEPTtoN wtLL AppEAR oN THE OWNER,S ANDMORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to lnsurance Regulation 8g-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's tile insurance policy fora single family residence (including a condominium or townhouse unit) (i) of that tifle entity's general' requirements for the deletion of an exception or exclusion to coverage retating to unfiled mechanics ormaterialmens liens, except when said coverage or insurance is extended to t[e insured under the termsof the policy. A satisfactory affidavit and agreement indemnifying the Company against unfited mechanics,and/or Materialmen's Liens executed by the persons indicated in tne attaci'reO"co[y of said affidavit mustbe furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed ltem Number 4 may be deleted from the Owner's poii"y *6lnissued. Please contact the Company for further information. Notwithstanding the foregoing, nothingcontained in this Paragraph shall be deemed to impose any requirement upo-n any tilJinsurer to pr6vide mechanics or materialmens lien coverage. NoTE: lf the Company conducts the owners or loan closing under circumstances where it is responsible forthe recording or filing of legal documents from said transaction, the Company will be deemed to haveprovided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-i22) (a) The subject Real Property may be located in a special raxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of theCounty Treasurer's Authorized Agent; (c) lnformation regarding Special Districts and the boundaries of such districts may be obtained from theBoard of County Commissioners, the County Clerk and Recorder, or the Couniy Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereofcharged to the proposed insured unless written instruction to thecontrary are received by the companyprior to the issuance of the Tifle policy anticipated by this commitment. Pursuant to House Bitt01-1088 (CRS 10-11-123) lf Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests orleases, pursuant to CRS 10-1i-123 (HB 01-i088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyedfrom the surface estate and that there is a substantial likelihood that a third party holds some or allinterest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to entei and use the property without the surface owners,permission. This commitment is invalid unless the lnsuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. 84381L l?-zr Pitkin County Title, lnc. Privacy Policy eF*'t'* F' We collect nonpublic information about you from the following sources: . lnformation we receive from you, such as your name, address, telephone number, or social security number; receive ; Ifi#nHH?,:"*"""1j,.',:ff3;':",H,#iI 8"S,3[ f.'5i;,.]'""i.i,"jio*" lnformation from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. AP -4/ &Pnilv'f' ISSUED BY COMMITMENT FOB IITTE II{SURANCE Ig$)yerqfttre[nsumnce A+*f LAWYERS Title tnsurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favorof the proposed lnsured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed lnsured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. tN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Attest:Secretary President Conditions and StiPulations 1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. lf the proposed lnsured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. lf the proposed lnsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed lnsured and such parties included under the definition of lnsured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. ln no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed lnsured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed lnsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment - 1966 Cover Page C\a^.-f d,t- iJ A/'az TABLE 15,--SOIL AND WATER FEAIURES--ConIinued Flooding sol-l name and map symbol 17*, lB*, 19*: Cochetopa-------- | Antrobus--------- | Prequency I None-------- |IItlll I None-------- |ll I None-------- I lltl I None-------- |tl I None-------- Irltl I None-------- 1 I None-------- |rltl I None-------- |tl Hydro- logic group B B B Duration * -N 20--------- ------- | Coulterg 11 * 11* t Curecanti-------- I I Fughes----------- I I 23, 24------------l Cushoo] aq* . Cushool---------- I I Rentsac---------- | I 26*, 21*, 2g'| I Dahlquist-*------ | I Southace--------- I 29*, 30*, c D B B Dolfard---------- | Rock outcrop' 31, 32----- Dotsero 33*: Empedrado Evanston tl Depth Ft >6.0 >5.0 >6- 0 >5.0 >6. 0 >6. 0 >6, 0 >5. 0 >6.0 >6. 0 >6. 0 >6.0 >5.0 >6. 0 >6.0 High water t,able I Bedrock I ttl Kind lMonths lDepthlHard- fn. >50 >60 >50 >60 >50 I --- 20-40 I soft I I I 20-4 0 | soft I 8-20 I Hard I 120-40 I soft I I 10-20 I Hard I Potential I I frost I UncoaE.ed I Concrete I action I steel I lHoderate--- lModerate lLow.trl I Moderate--- I Htgh----- ;1etg-ttt I Moderate--- I Hiqh----- | Hlqh.rtttlrttt I Moderate---l Moderate I Moderate.tlr I Moderate--- lModerate I Low.tll I Low-------- | High----- [ Moderate . I Low-------- | High----- | Moderate, tll I l.loderat e--- I Hi gh----- | Low.rlltlr I Low-------- I Hlgh----- | Low.ttt I Low-------- I High----- | Low.rlllrl I Low-------- | Htgh----- I Low. tll I Low-------- | Hiqh----- I Low. I ModeraEe--- lModerate I Low,rtl >60 >60 \An >60 >60 >60 s \x' \I I Low-------- | I Hlgh----- | I,ow - I I U)o a) ?6 N)(n5 I I I I None-------- None-------- I I I I None-------- None-------- I It--- It--- Il--- I I It--- It--- It--- I I It--- .lt--- B I It--- It--- It--- I I It--- It--- It--- I I Il--- It--- I It--- It-*- I It--- I I Il--- I I It--- i I It--- I It--- I I I I I Moderate--- I Hiqh----- I Low. fulwlix 'r' SoilS g: JJ Id\Ioi!33!o..ooo.diltrE t:ll!!oill,PlttdtllHtl1.C{)6tnb!d.trn.-do*l*aa. lE llrr!!tllitlol!o{JllJrnlttnHt.t uO-ttOrolE15o'9ooEts1FiE .!ut!Ho:a300EFi ttltttllltF.(bEn lttllrI.tt,!.dtl{rru3soo o:*) fitii,0' ''.nrEooatitil tt{}ltnlr.Bll,.,l ,.tl, ,g ,g'd br 't!Ond = !E ldr lrl,lttrlilloO.+J +) ,+)dddghH0r[,0,.ntidoooEEE ioFl .9 JJ d!{ tU ,o ,l I I,o J' .dII (ut,oE uo H r I I,l I.c.U' n{ I IIo +)d,{(.''dox ,(,n.ii,ko o*T- II I II:B orl-T- I I at4) tdtto ,o Eo_e_ .I II 1 ,IA bl,.-j I I ItJ,{ l{.()'d oE Io Ff t II I t -tn i{ I t. I I I I I t,Bo 'l .'tr ' tttOrtH. .EE I.n .rIJrdr,l;t: Io.q'r, .tD.o d']E TE - -Ji.---lltlt,tttlt. IttElEl 7.;o!q rf,' ri!illJ{tttdl l.l,r,)ttlrl'tHtltlioll IA oEN Io IJ o ljltrctllotl tsJ r, .c ttItlt lllltlt*Aiiilrrr,!iiuElA lltltl l{!d .id agoUooti, g(:,o .o@on<ooooc{tj9uror.9lOo11n,.l\nOfi, (sf Fl o\o Io elsila U{}cll ,d o,], l1t,d :oo OH+, 0.fie)rO +lUo E--- ln,r{ r, d,JEO:4od.E t{+,, l+,1 uo td,p. tr 4,c) ,o. rhtr (J L1 o ,!a!, .Fli tq60HOr(d da0o 'lt l1 o "d,d .d ld IJg. ,oci -t-:uE+, ,o E J<oot{{otrl dp rd lJ lr OJt: ,{{.! ,ctn '!d JI 'nl.{,7 ,UI E..1dso.1& >r Uc 0, t 0,!t 14 rua.O-.t 5!t o'do!)r-r tll' ddd ooncc dl*ch agr,,{ riAEal !(, , oo I Ira: E? DF{4 r,1 E{ &rrl ETdE' 4 FlH():a I I ,{ E.C FT +5_ oI rt .t Ildrrl[l|lr ai{ ttttllllliiitrlllliiitlllll 1t ol{trdlAIA{ oc \9 .\' o I V1 o b i: 6 6 a ei o o o .O o;";;;;j:";dG";;-,innn1n6AAAA A sltut ttlllr =t'.o q ou .t>i ,Idz tltltll. IIttlt. .trtooccoo,22. l,,l t-IlllII 0,tro zt: ta{ .-t{4 >lLo -.1lvco t|or!.t)t)o Utr)l{ql 0lEtrorp4q'a f{ er\ o(,o til vt.56,:D ao ot{ lJ5o A1oo& ttrlttt!!!lliiiiiiitrrrrillatlillrlli,iaIijirrI.r,Irtrttiiiitrttti r- i!, i i i i I I I I Ii i; i i i i I ! I t It .- i.,*r I O i. i I I 1 I I Ii o i.j i_i i i ) I 1, I I Ii i* t, i'd i i @ I tD I I cio ijJ ai i i{) I I '-'{ Si,i . i+ ir.r i i; - t \d d d oi .ij ,{ rr i .; i oj r i d o o! k,ln d .q, !ri.^ rd it i; roJ ii @.q 69 o> P 'a '9 ii; .3 ic) i; -fi i.a -o ro ro +o H +od# o.E +,i n.:E s:E cbE 6r:E r{E f E tE Er @E\rir- F.- ts"' ,r..- F- F- r .o (o c9 ao tttllr 0, aoa (, oz oodcoo lllrttltttttltlli, 0,(L{or{zv. ir[, oo rq4 Ar *2 194 @7en/ix't' Soil Survey TABLE 10.--BUILDfNG SITE DEVELOPMENT-=ConIinued SoLl name and map symbol Shallow excavat ions Dwel Iings wiEhouL ba sernen t s Dvrell ingts with basements Smal l commerciaL bui ).din9s Local roads and streets Lawns and, landscaping lltllltl 3 4--- ------ I S 1i9hr--------- | S I ighr--------- | Sl ighr ---- ----- | Mode rare : I I I Moderate : I I I Moderate:Empedrado I I35--------- | Moderate: Empedrado I sIope. I I35---------------- | Severe : Empedrado I sIope. I39, 40, 41-------- | Severe : Evanston I sIope. I 42t-------- | Severe: FLuvaquents h3*, lcut.banks cave, uehness . I Moderate: I slope- I I I Moderate: Eoo clayey. I slight --------- I I I Severe: I slope. I Moderate: s1ope. Severe: s Iope. I I Severe: I I Severe: I sJ-ope. i I Severe i flooding, weEness, I ModeraLe : I slope. I I I I I Severe: I sLope. I I I Severe: shr ink-swe I f I slisht--------- I I I Severe: I sIope. I I I lModeraLe: I slope. I I I Severe: I slope. I I Severe: I I Severe: I s1ope. I I Severe: flooding, wetness. lModerate:I slope. I I I Moderate : s1ope. I Severe: I s3-ope, I I Severe: I slope. I I I ModeraLe : large stones. I Severe: I sIope. I I I Severe: I shrink-sweII. I I I slisht--------- I I I Severe: I slope. I I slope. l I Severe: I slope. I I I Severe: I sIope. I I Severe: I I Severe: I slope. I I Severe : I flooding, I wetness. I I I I Severe: { slope - I I I Severe: I I Severe: I slope. I I Severe: I wetness, I fJ.ooding, I frost action. I I I Moderate : I sJope. I I I Moderate : I Moderate: I slope, I Severe: I slope, I I Severe: s1ope. I severe: I slope. I I Severe: I slope. I I I Moderate : I frost action, I large stones- I I Severe: I slope, I I lSevere: I Moderate: I Iarge stones, I Severe: I slope, I I Severe: I j Severe: I slope. I I Severe: weeness. I Moderale I I Iarge stones, I s1ope. I I Moderat e Isrnall stones, droughry, s lope . I Severe: I s1ope. I I Severe: I s).ope. I I I Severe: I Iarge stones. I I I Sewere: I large stones, I s1ope. I I ModeraLe: I Iarge sLones. I Ilslishr. I I I Severe: I slope. I Forelle---- Brownsto--- I frost actj.on. I large stones.ll I frost action. I slope.lt Etoe lslope- lslope. lslope. lslope. lslope. lslope.ltlltt 3 8--------- I S lrghr -- ------- I s I ighr I s 1 igbr-- -- ----- | slighr --- - ----- I sl lghr ------- -- I s righr .Evansionllllll I Severe :I Moderate: cutbanks cave.slope. da*, Forelle---- lsevere: lSevere:I slope. I slope.ltBrownsto--- lsevere: lsevere:I cutbanks cave, i slope.I sloPe. ltl45--------- lModerate: lModeraEe:Forsey I large sEones. I large stones. slope. shrink-swelI. I Severe: I s1ope. I I Severe: I slope. I I I Moderate: I sfope, I large stones. I I Severe: I slope. I I I Severe: I I46,47----- lSevere:Forsey I slope, I I shr ink- swel l, I ou st rengt.h , I Moderate: I slope - I I Severe: I slope. I Sliqht--------- Severe: sIope. l/-+t ,h/w/i* '7' TABLE 10---BUIIDfNG SITE DEVELOPMENT--Continued SoiI name and map symbol ShaLlow excavations Dwe1l ings without basements Dwel 1 ings wi th ba sernenL s SmaIl commercial bu i ldings Local roads and sbreets Lawns and J.andscaping 8?*: Tride]1---- 88i: Moyerson--------- i Rock outcrop, 89--------- MusseI 9 0--------- MusseI 9 1 --------- MusseI 92 - -------- Redrob Severe: cutbanks cave, slope. I Severe: s1ope. severe: lSevere: depLh Lo rock, I shrink-swe}.L, slope. I slope. I I I I Severe: I slope. I I I I Severe: I dept.h to rock, I sIope, I shrink-sweI1. I I I I I I Moderate : I s1ope. I I I Severe; I slope- I I I Severe: f loodi ng, $eEnes 5 , Severe: depth to rock, slope - ModeraE e: s1ope, J.arge stones. ModeraLe: s lope, shrink-swe]1. I I Severe: I slope. I I I Severe : I s).ope. I I ModeraL e : I large stones. I I ModeraLe : I slope, I Iarge sEones. I I Severe : I slope. I I I I I I Severe: I slope. I I I I Severe : shrink-swe II, slope. Severe: sIope. I Severe: I slope. I I I Severe: I flooding. I I I Severe : sIope, depth eo rock. Severe: sIope. I Severe: I slope. I I I I I Severe: I slope, I I I Severe ! I sIope. I I Moderate: I large stones. I I Severe: I slope- I I I Severe: I slope. I I I Severe: s lope . I Sevele i Io!, st,rength, s 1ope, shr ink- swe 1.I . lModerate: I frost action. I I Moderate : I s1ope, I frost. action- I I Severe: I slope. I I I ModeraLe : I wetness, I flooding. I I Seve re : depth to s1ope. ModeraLe: s 1ope, frost aclion, shrink- swe1L . Moderate: 1ow sLrength, s Iope, frost action - I Severe: I slope. 1 I I Severe r I slope. I lModerate:I large stones. I lModerate: I slope, I large sEones. I I Severe: I slope. I I I Severe: s lope, thin layer- I Moderate : slope. I Severe : I large stones, I slope. I I Severe: I s1ope. I I Severe: I drougbLy. I I Severe: I droughty. I I I Severe: I droughty, I slope, I I Severe: I cuEbanks I I Severe: I cutbanks I I | 5evere: I cut,banks I slope- I I Severe: I cutbanks I weEness, I I severe: depth t.o rock, sIope. cave - | I lModerat.e: cave. I sIope. I I I Severe: cave, I slope. I I I Severe : cave, I flooding. I I I Severe: I sl-ighL--------- i sliqhr- -------- I s light I s1 ight . I I I Moderate : I slope. I I I Severe: I sJ.ope. I I lModerate: I wetness. I I I Severe: rock, I small stones, I sIope. I I I Severe : I Iarge stones. I I I 93 --------- Rogert 94*: Showalter-------- I l.loderate: too clayey, large slones, slope. MorvaI-----I Moderate: s Iope, oE*. Showa1Ler-- lsevere: I slope. I IMorval----- lsevere: I slope. I 96--------- lModerate:Southace I large stones. I97--------- lModerate:Southace I large siones, I slope, I98r 99----- lsevere: Southace s1ope. s1ope, deplh Lo rock. Mod.erate: shrink-swelI, s1ope, large stones- Moderate: shr ink- swe I 1., s lope , I Severe : I slope- I I I Severe: I slope. I I Moderate: I large stones. I I ModeraEe: I slope, I }arge stones. I I Severe : See fooenoEe at end of table. s1ope. AP-+* I I I I i I I I t- I I I I Severe I I slope. I I I /7mz/,r 'r' Area sanlLary landfil 1 Aspen-Gypsum Area, Colorado TABLE 11,--SANITARY FACILITIES--Continued Sol,l. name and map symbol SepLic tank absorption fields Sewage lagoorr areas Trench sanitary l-andf il I Daily cover f or landf il,I Moen I I80--------- | Severe: t"loen I I I severe: I deptb to rock, I slope. I I Severe: I depuh Lo rock' I slope. I I Severe: I seepage, I slope. I I Moderate: I seepage. I slope. I I Severe : sIope. I Severe : I slope. I I I Severe: I depth to rock. I I I severe: I depth to rock, I s1ope. I I Severe: I s1ope. I I I Moderate: I too clayey. I I I Sewere: I slope. I I I seve re : I slope. I I I I Seve re : I depth !o rock. I I I Seve re : I depth to roek, I sIope. I I Severe: I seepage, I sIope. I I slight----- I Seve re : I slope. I I I Seve re : I slope. I I Sewere: s Iope . Severe: depth to rock, s I ope. I Mode rat.e : I sIope. I I I Severe: I sIope. I I Severe: seepage, wetness. Severe: depth to rock, seepage, slope. l Moderat e: t- I I Poor: I area reclaim. I I I Poor : I area reclaim,I slope. I I Poor: I slope. I I I Fair : I too cl,ayey,I small sLones. I I Poor: I slope. I I I Poor : I slope. I I Poor : slope, Poor: area recJ.aim, hard to pack, sIope. lPaJ.r: I sIope. I I I Poor : I s1ope. I I Poor: I seepage, I too sandy, I smal1 sLones I I Poor : depth to rock, seepage, small stones. I Poor : I smaLl sLones. I I I depEh E.o rock. I I 1 depth to rock, I slope. I I percs slowl-y. I slope. I I percs sIowly. I I I slope. I I poor fiILer, slope - Severe: depth to rock. slope. Moderate: percs s).owly. Moderale: percs slowly, slope. Severe: slope. Severe: wetness, poor filter. Severe: depth to rock, sIope. Severe: percs slowly. 82,83----- lsevere: Monad 84--------- lModerate: Morval 85,85----- lsevere: Morval 87*: 88*: Moyersop--- Rock outcrop. 8 9--------- Mussel 9 0--------- MusseI 91--- Mus sel Redrob 93----- ---- Roger! 94*: showalter---------- I Morval.----- I Severe: I sIope. ITrldelI---- | Severe:I Severe: I seepage, s1ope, Large stones- I I I I Severe : depEh to rockr sIope. I Moderate: I seepage, I s1ope. I I Severe : I s1ope. I I I Severe: I s1ope. I I Severe: seepage, flooding, weEness. Severe ! seepage, depth to rockr s Iope. I Severe: I slope, I Large stones I I severe: I slope, I ].arge stones - I seve re : depth to rock, slope. I Moderate : s Iope . Severe: slope. Severe: seepage, wetness, too sandy. Sewere l depth to rock, seepage, slope. Severe: large stones. I slight----- lslisht----- 92-- ---------------- | -! ^-l ^f AF*; sIope. I t I I ,*ypnn;x '0' ADJ LIST Grady A. and Cynthia K. Olson P.O. Box 338 Carbondale, CO 81623 Parcel number: 2391 17 400240 Grady A. and Cynthia K. Olson 180 Buck Point Road Carbondale, CO 81623 Parcel number: 23911710'1008 Theodora Hill 921 Dauphine Street New Orleans, LA 70016 Parcel number: 2391 17200178 Michael L. and Kathleen S. Strang 393 County Road 102 Carbondale, CO 81623-9602 Parcel number: 2391 17300023 Shaine Ebrahimi 0271 Sunlight Drive Carbondale, CO 81623 Parcel number: 239117400179 Parcel number: 2391 17 401037 Parcel number: 2391 17401036 Panorama Ranches Homeowners Association Carbondale, CO 81623 Parcel number: 239117401054 Qu Lance J. and Lisa A. 2402 Panorama Drive Carbondale, CO 81623-9697 Parcel number: 239117 401031 Patrice Ann Plunkett 2486 Panorama Drive Carbondale, CO 81623-9697 Parcel number: 239117401030 Douglass and Jennifer Lassiter 2636 Panorama Drive Carbondale, CO 81623-9697 Parcel number: 2391 17 101029 Troy Terrell P.O. Box 3562 Glenwood Springs, CO 81602-3562 Parcel number: 2391 17 101023 4F-vt I 1ilil lill lllllll m ilil] lllll llll lll lllll lll llll 691988 O2/O8/2oAd otr58P 81770 P833 tl ALSDORF 1 of 3 R 16.00 D 62.10 GARFIELD COUNTY c0 WARRANTY DEED THIS DEED, made January 31 ' 2006' Between GRADY A' OLSON and CYNTHIA K' OLSON of the County of Garfield, State ol CO, Grantor' Dr 4 ba.ic AND CORT LEWIS, Grantee whose legal address is : 1075 SMONY DRIVE' HIGHLAND PARK' lL' 60035 of the county ot - l"-l\e- ' state of lL WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration' the receipt and sufficiency ot*nicnlt n.i"by acknowledgei, it'"-cirntot has granted,.bargained' sold and conveyed, and by these p".;i;;;; ;rani, Uirgain, ..ir inJ.onuuy and coifirm unto lhe Grantee' his heirs and assions forever, att the reat pi"p"ttv t"d.it'", witi improu#Jnit' ii i'nv' situate and lying and being in the county of G;rfield. State of COLORADO, described as IolloY'/s: See Attached Exhibit "A' JNi\aa\.> iC\ TOGETHER with all and singular the hereditamenls and appurtenances thereto belonging, or in anywise appertaining, and the reversro]r andieversions, remaindersi rents' issuesand profits.thereof' and all lheestate' right, title, interest, claim ano iemano wnaFoever of the Granlor either in law or equity, of. in and to the above bargained premises, with tne hereditaments and appurtenances' TO HAVE AND TO HOLD the said premises above bargained and described, with the aPpurten"na"r,rnio th" Grantee, his heirs and assigns forever' And the Grantor, for himself, his heirs and assigns, does covenant..gii;t, urrg"in and agree to,and with the Granlee' his heirs and assigns, that at tha il"" "iiftt.i ""aling and. deliiery of thdpresents, il is well seized of the premises above conveyed, has good, t;;;, p;;, ;tsolutE and inclefeisible edtate of inheritance' in law' in fee simple' and has good right, full po*r, *'A-f-*friauinority to grant bitga,n, sell and convey the same in manner and form as aforesaid, and thal tne same are free anO cteir trdm all forrier and other grants' bargains' sales, liens' taxes' assessments, encumbrances jnJ iestrptions Of whatever kind or natUre SOe-ver, exCept those matterg as Set fgrth on Exhibit "B" attached n"r.toino'inlorporated herein by r€ference. The Grantor shall and will WARRANT AND FOREVER DEFEND tnu auovJlaiga#J p;i;"= in the quiet and.peaceable Po.ss:s:ion of the Grantee' his heirs and assigns, against all and every person or persons lawfully ctiiming the whole or any part thereof' Th-e .rgr;, nrr#rirraTt incruoeine prrirl, in. ptural ihe singular, and tne use of gender shall be applicable to all genders. ir.r wtrurss wHEREoF the Grantor has executed this deed. STATE OF C.a trr/',..do ) cOUNTY o, E-.-=ao- tt\ The foregoing instrumentHs acknowledged before me this bY GRADY A. OLSON ANd CYNTHIA K. OLSON WITNESS my hand and otficial seal my commission expires: t-l +a.ecT 84381 L . t,t ,t fi-aay ot sf@ llililtililrilililt ill ll[il illl ililllll lilllllllllil 69198A O2/A8/2@OG OltSEP 81770 P834 n PLS00RF 2 of 3 R 16.00 D 62.16 GQRFIELD C0UNTY C0 EXHIBIT "A'' LEGAL DESCRIPTION A parcel of land situated in the E% of Section 17, Township 7 South, lungg gZ West of the Sixth Principal fr,r|Erioirn iying easterly of tne ruorttr-South Centerline of said Section 17 and Southerly of the Southerly rightof-way line of a 6b 6ot road iight of way. Said Parcel of land is described as follows: Beginning at a point on the North-South Centerline oI said Section 17 from which the South Quarter Corner of said Seitioniz,ar;barandCapL.S 5933marked"NZSection20"foundinplace,bearsS.00"11'40'E 1945'68 feet: thence N. 00.1 1'40,,w. 1470.25 feet along the North-south centerline of said section 17 to a point on the Southerly right of way of said road right of way; thence along said right ol way N. 74'14'00" E. 8.36 feet: thence 88.46 feet al-ong tn" jr. of , curve to the right having a radius of 699.09 feet, the chord of which bears N' 77' 51'22" E. 88,34 teet; thence N. 81'28'43" E. 67.84 leet; thence 78.87 feet along tne ari oia curve to the right having a radius of230.68 feet, the chord ofwhich bears S' 88'43'39" E. 78.48 feet; inence 178.61 feet along lhe arc ofa curve to the left having a radius of 447.52 feet, the chord ofwhich bears N 89' 3E'00" E. 177 .42 feel, thence N.78'12'00" E, 686.87 f€et; thence 1 75.84 feet along the arc of a cuNe to the right having a radius of '1305 71 feet, the chord ol which bears N. 82' 03'29" E. 175.71 feet; thence S. 03"17'33'W. 71.85 feet; thence 459.1 6 feet along the arc oi a curve to lhe right having a radius of 370.98 feet, the chord of which bears S. 38" 45'02" W, 430.41 feet; thence 170.94 feet atong ihe arc of a curve to the left having a radius of 184.77 feel,lhe chord of which bears S. 47'42'15" W. 164.91 feel; thence 333-62 feet along the arc of a curve to the left having a radius ol 265.73 feet, the chord of which bears S. 14" 46'00' E. 312.14 feet; thence S. 50'54'00'E. 7.16 feet; thence 306.62 feet along the arc of a curve to the right having a radius of 974.20 feet, the chord of which bears S. 41" 43'00" E. 305.36 feet; thence 185.01 feet along the arc of a curve to the left having a radius of 1006.40 feet, the chord otwhich bears S. 37" 57'59" E. '184.75 feet; thence S- 43"13'58" E. 170.47 feet; thence leaving said right of way N. 86"04'40" W. 48.55 feet; thence S. 69"34'25" W. 49.64 feet; thence S. 64"36'35" W. 76.55 feet; thence S. 03'7'17'W. 778.60 feel; thence N 67" 1'27" W. 1268. I 2 feet lo the point of begining. County of Garfield State of Colorado Llllll illll l]ilt ill illilt ilil ililt ilt ilIil illt tiltistsaB s2/O8/2@O6 0t$6? 81770 p835 lt hli'obni3 of 3 R 16.00 0 62.10 GARFIELD COUNTY CO EXHIBIT ''B'' 1 . Taxes for the year 2006 not yet due or payable. 2, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the sa;e be found io penetrate or intersecl the premises hereby granted and right of way for dilches or canals constructed by the authority of the United States as reseNed in United States Patent recorded February 19, 1934 in Book 172 at Page 541. 3. Reservation by the United States, its permiftee or licensee in Patent recorded March 17, 1934 in Book 112 at Page 610 as Reception No. 117024 which reads as follows: "the right to enter upon, ocoupy and use any part or all o, the part of SW% SE% of said Sectlon 17, lying within 40 feet of centerline o, transmission line right of way of Colorado Power Company for the purposes provided in the Act of June 10, 1920 (4,l Statute 1063) and subiect to the conditions and limitations of Section 24 of said Act. Herbert Hoover." 4. Easement and right of way granted to Rocky Mountain Natural Gas Company, lnc., in instrumenl recorded April 29, 1969 in Book 401 at Page 392, 5. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, lnc., in instrument recorded Oclober 19, 1977 in Book 501 at Page 802. 6. Terms. conditions, provisions and obligations as set lorth in Deed r€corded June 26, 1997 in Book 1023 at Page 638 and Deed recorded June 26, 1997 in Book 1023 at Page 633. 7. Electric, Gas and Access Easements as shown on ths bqundary survey by Lines in Space, dated Dec€mb€r 1 3, 2000. tA) C-*-c,a---nh*- THIS DEED, Made this day of January' 2006 between[rinbi'l oLsoN and cYNrHlA K' oLSoN ;,H[; ;';^fu-d'N-dnr-e, countv or GARFIELD' state or co' and CORT LEWS fl.l?-ilit"; LEGAL ADDRESS ls: 1075 sAxoNY DRI,E' HIGHLAND PARK' lL 6003s W|TNESSETH,Thatthesaidpartyofthefirstpart,forthesurnofTENANDNo/ooLLARsandothergood and vatuable consideration, nJr"oi Our CLAiM the followi;;'llt"ttii'ir i"io' farcel of land lving and being in Garfield County State of CO, to-witl Seven(7)sharesofstockintheMissouriHeightslrrigarioncompanytogetherwithColoradoDivisionof Resources Well Permit No. 91058. associated with the property described on attached Exhibit "A' WITNESS, the hand ot said grantors, this 25th day of Slonod in th. P,ason€ qI STATE oF coLoRADo )ss. County of EAGLE On rne ?l>t day of January, 200C personally appeared before me GRADY A. OLSON and CYNTHIA K' OISO-N, tfr["g*is of the forliorg i|irt"r"ni, *]rno duly acknowledged to me that they executed the same' a'l,a /x" LLlllIUlJll IU,|l tl ! ll,l tLlf ,|I' !l,[L!!I ltllt [! I i-"i-z i-ri ao o o-oo GnRFTELo tlll'tro,* DEED J'i- t^\-r. Ft) I llllll lllll lllllll il ltlllll ltlll lllll ltl lru llll llll 691989 A2/A8/2OOG @2;Ol? gl7?0 P837 MLSDoRF 2 ol 2 R 11.00 D 0.00 GflRFIELD C0UNTY C0 EXHIB!T ''A" LEGAL DESCRIPTION A parcel of land situated in the E% of Section 17, Township 7 South, Range 87_West of the Sixth Principal Meridian lying easterly of the North-South Cinlerline of said Section 17 anO Soutnerty of-the Southerly right-of'way line of a 60 foot road right oiway. Said Parcel of land ls described as follows: Beginning at a point on the North-South Centerline of said Section 17 from which lhe South Quarier Corner of said Section 17, a rebar and cap u.s sgsi ;aired ,N % Section 20,tound in ptace, !..f ! 09"1110', E, 1945.68 feet; thence N. 00"1 1 ,40" W. r azo.lzS teeiafong the North-Soutn Centdrrinu of said Section 17 to a point on the Soulherly right of way of said road right of way; thencl along said right ot way N. 74"14'00" E. 8 36 feet: thencegg.40feetatongthe,rioia"u*utotherighthavingaradiusof699.09feet'thechordofwhichbearsN 77' 51'22" E.88,34 feet; thence N. 81'28'43'' E. 67.84 feet: thence 78.g7 ieet along tne arc oi a curve to the right having a radaus ol 230.68 feet, the chord ofwhich bears S' 88'43'39' E. 78.48 feet; thence 17g.61 feet along the arc of a curve to the left having a radius of447.52 feet, the chord ofwhich bears N' 89" 38'00" E. 177.42feet, thence N. 78"12'00" 8.686.87 feet: thence 175.84 feet atong tnu .r. oi " curv€ to the righl having a radius of 1305.71 teet, the chord of which bears N 82' 03'29" E. 175.71 feet; thence S. 03'17'33" W. 71 85 f€et; thence 459.16 leet along the arc of a curve to the right having a radius of 370.98 feet, the chord of which bears S' 38" 45'02" W. 430.41 feet; thence 170.9a feet along the arc of a curve lo the left having a radius of 184.77 feet, the chord of which bears S 47' 42'15"W. 154.91 feet; thence 333.62 feet atong the arc of a curve to the left having a radius ol 265,73 feet, the chord of which bears S' 14' 46'00' E. 312.14 feet: thence S, 50"54'00" E. 7.16 feet; thence 306.62 feet along tfre aic ot a curve to tre right having a radius of 974.20 feet, the chord of which bears S. 4'1" 43'00" E. 305.36 feet; thence 1eS.O1 feet along the arc of a curve to the left having a radius of 1006.40 feel, the chord of which bears S. 37' 57'59" E. 184.75 feei; thence S. 43'13'58" E. 170.47 feet; thence leaving said right of way N. 86"04'40'W. 48,55 feeti thence S. 69'34'25" W. 49.M feet: thence S. 64'36'35" W. 76.55 feet; thenoe S. 03" 7'17'W. 776.60 feet; thence N. 67" 1'27" W. 1268.12 feet to the point of beginning. County ot Garfield State of Colorado F<x for Ottrce Use OnlY STATE OF COLORADO pnon" - rnfotlsosl"aOasSaz Main: (303) 866-3581 r-.-. /r^a\ aa^ aEeo htto:/fu^Jr/r,v.water.State-co-uq OFFICE OF THE STATE ENGINEEP. 818 CentennialBldg., 1313 Sherman Str'-?9lY:r' CO 80203 Form r/- crllr 8/2s05 iPleooness CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form' NAME(S): CORT LEWIS Mailing Address: '1075 Saxonv Drive City, St. Zip: Hiqhland Park' lL 60035 This This the well to C.R.S.37-90-143 is is WELL LOCATION: Well Permit Number: 91058 county Garfield owner's well Designation Lewis well "^L rso p,norqTa ori,? c"bonfSlft i ISEYE] iZipi"(Address) "" l- ''":, P.M. NW1/4 of theSE 1/4, Sec. 17, Twp. Z tr N' or E S', Range 87 [:i E' or X w'' 6th Distance from Section Lines: 2320 Ft' From X N' or E s" zszo Ft' From I r' or E w' Line' ey)ownthewelldescribedherein.Theexistingrecordisbeingamendedfor the following reasons: E change in name of owner ffi ctrange in mailing a{dr9_s1_E correction of location for exempt wells permitted prior to May AfitZaid non-exempt wells permitted before May 17' 1965' please see the reverse side for further information regarding correction of the well location' s)of.thewelldescribedabove,knowthecontentsofthestatementsmade i,ii"i'n- and state that they are'true to mv (our),knowledge, ,' =, - -=- .,=== , =*= , Ott, , ' "' ' Yl,olot/€LU^t'tl Fl-ea€eir-.meEfnersName& sign the form' i"ttEioi.qd'cv signed bv the owner is attached to-lDe fglm ulon its recet @bteifan 7- l? -ab,f n {a a. d*i* --Ttate Engneer- a5/8r/2885 ??:r0 6AaAn-1 =oq / 9Jz 1[ 1t iI EN FIil H]ti Tt i! t t7-Jr' ,Ar Yfluq Carom" HouPr a FXailam'roN, P"C' ATTORNEYS AT LAW {rw!%E*_-r5.-,*e, TELEPHONE (97 0) 945-6067 FACSIMILE (970)94s-6292 Sender's etnail : meg@chhPc.com SHERRY A. CALOIA ]EFFERSON V, HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER ROBERT C. GAVRELL I2O4 GRAND AVENUE CLENWOOD SPRINGS, COLORADO 8I601 u,ww.chltpc.cont August 18,2006 Via Facsimile: (303) 866-3589 and U.S. Mail Office of the State Engineer - Groundwater Permitting Division of Water Resources 1313 Sherman Street, Rm 818 Denver, CO 80203 Re; Amendment of llell Permit No' 91058 Pursuant to Policlt Mentorandunt 93-4 Dear Sir or Madam: pursuant to policy Memorandumg3-4,this letter will serve as a request to amend the existing Well Permit No. 91058 which was issued ,rao ,n. provision of Section 37-92-602(3XbXID as the only well on a tract of 35 acres of more, to al10w.,r" fo. all of the uses described in Subsection 37-92- 602(1Xb), including use in up to three sinlte-tumity dw-ellings.. We are requesting that this permit be amended to allow for all allowed uses - uf to : single-family dwellings, watering of domestic animals and livestock, irrigation of no more than one acre of liwn and gardens, and fire protection' originally, Permit No, 91058 was issued for a tract of 8l acres. That acreage was split, and the well exists on a tract of 46 acres (the legal description of said tract is enclosed herein)' This firm represents Cort Lewis, the current owner o? tnit well, as evidenced by the Change of Ownership Form approved on May lgt,' 2006. Mr. Lewis's authorization for this firni to act on his behalf is enclosed herewith. Please do not hesitate to cail me if you have any questions' SincerelY, CALOIA, HOUPT & HAMILT9N, P.C. rthw € fu411 Mary Elizabeth Geiger A Encl. cc: Cort Lewis w/encl. Jack Palomino w/encl' LEWIS-ltr-DUrR-amend Penntt ag12lt2Z0\ 22i23 A cILco CORT LEWIS 1075 SaxonY Drive Fligtrlantt Puk, iL 6003J lr{ary Elizabe.th Gei ger Cu)ora, lloupt & Hamilton, PC 1204 Grand Aucnue Glcnwood Springs CO 81601 Dear Mary Elizabeth: I hereby suthonzo the law firnr of caloia, Houpt & Hemiiton, PC, to cxecute' ,lel;,r,er, ennend, *o ,.r.pr ;elilcry of aay and ait nuc.ssuy documents relativc to the enplication for amenilrnint to my well penait' I further authorize said Ins' firm to il;t a. ury and ;il61oi; on Uciralf of mysel{ Con Lewis, whrch agomevs i1 tbeir ,liscrerion shall <ieern neccssary or proPer rvirh regard 1q well pcnnits' I undcrsrand that a -"py-;i"il;-,utto,i*rion wi)l to'subminea-ro thc State in lieu of the original authorisation. PAGf Z2 I .1<:For Office Use OnlY ,_,; [i s .'--.i '-:' *6i;r;;'.; F-i !v#* - *- _:.;i,.i s MAY 1 I 2006 OFFICE OF TI.IE STATE ENGINEER 8tB CentennialBldg., 1313 Sherman St', Denver' CO 80203 ino* - tnfo: (303f86&3587 Main: (303) 866-3581 rai: tsos) eo6-esti9 nttp:ln'vww'water-.slale'co'us lPleooRess CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form' NAME(S): CORT LEWIS Mailing Address: 1075 Saxonv Drive City, St. Zip: Hiohland Park. lL 60035 This fonn is filed bY the referenced above' to C.R.S. 37-SQ--13!. WELL LOCATION: Well Permit Number: 91058 .. county Garfield owner's well Designation Lewis well TBD Panorama Drive Carbondale CO 81623 (Address) (State) (ziPl NW1/4 of theSE 1/4, Sec. 17, Twp. Z tr N. or E S', Range !Z D e' or I w-' 6th p'tt't' Distance from Section Lines: 2320 Ft' From I H' or X S'' zszo Ft' From EI E' or f] w' tine' Lot ,Block 'FilingiUnit - Lot , Block ' FilingiUnitSubdivisionName '---'> ,r" ** t**-.*(s) say(s) that he, she (they) own the well described herein- The existing record is being amended for the following reasons: ffi cnange in name of owner g change in mailing aoorgsl_[ correction of location for exempt wells permitted prior to May AJ9l,Za-nd non-exempt wells permitted before May 17' 1965' please see the reverse side for further information regarding correction of the well location' l(we)claimandsaythatl(we)(are)theoJvnlr[s)ot,!\lwelldescribedabove,knowthecontentsofthestatementsmade Yl,olo,@-Led6 and sign try f*1 E#i;iA;cy signed by the owner is attached to tlle fqfm utrpn its recet @accePtableifan tfi Bi&',fi^li,ft f, |Bt'JU.*NERSHIP 7- l? -oF Receipt Number: ia h. 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'.::1.,, ,i,.j" .;fi'il.i" i:,. :li'"i4 i*ai-; il.tcr:i'-:{.1 ;;. :::'lt'i1lii-lC'r I' -i '.:'': :ce:; l:iarj.-. ., ?,i-ti: " c2 l'=e: 'lf ';l'; llt <:tl'" 'l: '1 l:riiv'r l" '-' i-i:"l 1!::l'-- i:.rvil',iaiiCr-i-i'il;o:'i-il":'{li;-':'ri'"fil::or-(-il;'i:'-i:':'i'eal'::'l' 4,i ,' ..r :. t i-; I rr f . -j i-; l, " -i ii ," (:=',: ; DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANORAMA RESERVE SUBDIVISION, INCLTDING }YELL SHARING AND IRRIGATION WATER USE AGREEMENT THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANORAMA RESERVE SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE AGREEMENT (hereinafter the "Declaration") is made this day of , 2006, by Cort Lewis (hereinafter collectively referred to as "Declarant") owner of the property described below, which property is located in Garfield County, Colorado: WITNESSETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A attached hereto (hereinafter referred to as the "Property"); and WHEREAS, a well known as "Lewis Well" is located upon the Property at a point approximately 2320 feet from the South Section Line and 2320 feet from the East Section Line of Section 17,, Township 7 South, Range 87 West of the 6th P.M.; and WHEREAS, Declarant is the sole owner of the Lewis Well (the "Well"); and WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number 91058 for the Lewis Well, which permit allows use of water from the well for ordinary household purposes inside three (3) single family dwellings, irrigation and the watering of domestic animals and livestock; and WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as Lots A, B and C Panorama Reserve Subdivision-the Lewis Well is on Lot A), using the Lewis Well as the source of potable water for domestic use on such lots and for irrigation water; NOW, THEREFORE, Declarant hereby declares that the Well and the Property shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Properfy, and which shall run with the Well and the Property and be binding upon all parties having any right, title or interest in the Well and the Property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. l. Potable Water Supply. The potable water supply for each of the three lots within the Property (alWa Panorama Reserve Subdivision) shall be the Well (Lewis Well), as operated LEWIS-covenants and well sharing agmt-2 Panorama Reserve Subdivisron Declaration of Covenants Page 2 DR{F'f pursuant to Well permit No. 91058 issued by the Colorado Division of Water Resources. A11 Lot o*n.r, shall be jointly responsible for meeting all obligations set forth in the Well Permit' Z. Water System Easements. A11 owners of lots within the Property shall have an easement to access the Lewis Well and all pumphouses, storage tanks, pipelines, and other workings associated with the delivery of potable and irrigation water to each lot (collectively referred to aS the "Water System"j located anywhere within the Property, for reasonable operation and maintenance purposes. Such easement includes a right to free and unrestricted ui..r, for such purposes and shall be twenty (20) feet in width surrounding all parts of the Water System. In the event that any gates, well houses, or other parts of the Water System are locked for security purposes, all loi J*n.r, shall immediately be provided with,u k.y and shall not otherwise be restricted from accessing the Water System. The reciprocal easements granted herein shall be for the benefit of all lots within the Property. The location of all parts of the Water System shall be determined by cooperation of all lot owners and in a manner which interferes the least with existing structures including but not limited to houses, outbuildings, and roads. A backup collective .irt.- shall be .orit ,r.t.d near the Lewis Well and shall be maintained and operated by the homeowners' association as described below. 3. Ownership of the Lewis Well. The Panorama Reserve Subdivision Property Owners Association (described below) shall own and operate the Lewis Well, the Well Permit, pump(s), and any appurtenant parts ofthe Water System used in common by all lots' No interest in the Lewis well - and Watlr System may be transferred apart from the lots within the subdivision. The Property Owners Association and all members thereof (the lot owners) shall be mutually responsible for the Well and to operate, maintain, repair, replace and improve the Lewis Well, pr-p, and any other appurtenant facilities for their joint benefit. The Well Permit shall be pgt in thi name of the Property Owners Association. The owner of the lot upon which the Lewis Well is located or the Manager of the Property Owners Association shall be designated as the lot owner to receive all mail and documentation relating to the Lewis Well and Water System. Copies of all such mail and documentation shall be promptly provided to other lot owners, or made available for review at the convenience of other lot owners. 4. Uses of the Lewis \Yell; water treatment obligations. The Well shall be used for outdoor irrigation purposes, including lawn and garden irrigation of not more than one-third (l/3) acre per Lot. irrigation and use of water for domestic animals or livestock shall be accomplishld i, u conservationistmanner (e.g. water shall notbe allowed to run continuously)' If anyito.t tanks or watering troughs ur. ur.d, such troughs shall be filled no more than one (1) time per day and shall be heated if used in the wintertime. Each lot owner shall install a flow- restrictor valve on their water supply line from the Lewis Well to ensure that the maximum draw is not more than five (5) gallons-iei minute. The restrictor should be placed on the line running into each lot owner's rto*g. tank (described below in Paragraph 7). Lot owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each lot owner's risk. Any treatment shall be at the option of each individual lot owner' If the property Owners Association should elect to construct any joint treatment facility, the costs of ,u"i, fu.ility and operation and maintenance thereof shall be assessed as common expenses of the LEWIS-covenants and well sharing agmt-2 Panorama Reserve Subdivision Declaration of Covenants Page 3 DR\F'f lot owners by the Property Owners Association in the same manner as other common expenses described in this Declaration. 5. Emergency Repair of \Yater System. In the event that the lot owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potable or irrigation water service, any of the lot owners shall be entitled to undertake any maintenance, ripair, replacement or improvement necessary and essential to allow continued water service. In the event that any lot owner(s) decide to undertake any such work absent the consent of any other lot owner(s), he or she shall notify the other lot owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written statement of the workperformed and an allocation of each lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each lot owner will attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the three lot owners in the manner set forth below in Paragraphs 9 and l0 for payment ofjoint expenses associated with the Potable Water System associated with the Property. 6. In-house uses preferredl no waste. In-house use of water from the Lewis Well shall take precedence over use of water for inigation, domestic animals or livestock. ln the event of a shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No lot owner shall be entitled to waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Lewis Well. l. Storage. At the time that a residence is constructed by each lot owner, the owner(s) of such shall install a water storage tank not less than 500 gallons in size at such lot owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners' expense where it can intercept all water for the lot from the well and be plumbed into the residence to ensure that there is an adequate supply of water for the residence in the event that the instantaneous pumping rate of the well is inadequate to meet demand. Each lot owner shall also install a booster pump from each storage tank to help meet peak water demands. 8. No Other Wells. No other exempt wells may be drilled upon any lot within the Property unless the drilling of any such well does not jeopardize the status of the Well Permit for the Well which is exempt from administration under the prior appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3XbXII)(A). No other wells may be drilled within the property absent the unanimous written consent of all lot owner(s) and a valid well permit issued by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use of the Lewis Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such discontinuing lot owner(s) interest in the Lewis Well shall revert in pro rata ownership to the other remaining lot owners still using the Lewis Well. 9. Operation and Maintenance Expenses. The owner(s) of each lot shall be entitled to use an undivided one-third (l/3) of the water produced by the Lewis Well. The LEWIS-covenants and well sharing agmt-2 Panorama Reserve Subdivision Declaration of Covenants Page 4 DRAF'I withdrawal of water from the Lewis Well shall be for domestic use in one single-family dwelling on each Lot, irrigatiol of not more than one-third (1/3) acre per lot and limited watering of animals as permiited by the State of Colorado. The owner(s) of each lot served by the Lewis Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the Lewis Well, pump(s) and appurtenant facilities, and the costs of common water lines or other common water facilities. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each year. If any lot is not hooked onto the Lewis Well, the owner(s) of such lot shall not be obligated to contribute toward operation and maintenance expenses. If any lot is hooked on but has not yet commenced service, no electricity costs shall be assessed against the owner(s) of such lot. In addition, the owner(s) of each individual lot shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that lot, including individual service lines and any individual storage tanks. The Declarant will establish the Panorama Reserve Subdivision Property Owneri Association (the "Association") pursuant to the Uniform Unincorporated Nonprofit Association, Act, Colo. Rev. Stat. Sections 7-30-101 to 119. Each lot owner shall be a member of said Association and such Association shall be empowered to enforce all terms and conditions set forth in this Declaration. The Association shall meet once each year in June to appoint one owner as the manager of the Association. The owner(s) of each lot shall contribute $1bO per lot (total of $300.00 each year) into an account to be held by the manager of the Association. These contributions shall be used first to pay monthly electrical expenses associated with operation of the well pump. Any surplus funds each year shall be held over in the account and designated for use in the event that the pump needs repair or replacement. If these funds are fully used in any given year, the owner(s) of each lot shall make additional proportional contributions (l/3, ll3,ll3) as may be necessary to cover expenses for that year. The Property Owners Association shall operate and maintain the Potable Water System and pay any associated costs for maintenance, operation, repair, replacement, or improvement of common facilities. Non-essential maintenance, operation, repair, replacement or improvement of any part of the Water System shall only be performed after consent of all lot owners. The Property Owners Association shall be empowered to assess each lot owner proportionally for common expenses in excess of annual required contributions, and to lien the property of any lot owner who fails to timely pay any ,u.h urr.rrment. All lot owners shall be entitled to an accounting of use of .o1n*rriiy funds upon reasonable request to the manager, who shall keep records of contributions and expenses for operation and maintenance of the Potable Water System. 10. Collection of Joint Expenses. As set forth above, a homeowners association to be known as the Panorama Reserve Subdivision Property Owners Association shall be established by the Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev. Stat. Sections 7-30-101 to -119. This Property Owners Association shall levy and collect from each lot owner his or her share of common expenses for the Lewis Well, electricity, or other common expenses within fifteen (15) days from the time at which a written statement of expenses is presented for payment by the manager of the Property Owners Association or the owner(s) of any other lot. ln the event that the owner(s) of any lot fails to pay his or her share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid LEWIS-covenants and lvell sharing agrnt-2 Panorama Reserve Subdivision Declaration of Covenants Page 5 DRAFI- amount shall accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days after presentment. ln the event that any lol owner fails to pay any amount due' including any accrued interest, within six months from the date of presentment for payment, water Service to the delinquent lot may be discontinued. However, notice shall hrst be given to the non-compliant lot owner by certified mail sent no less than thirty (30) days prior to termination of service to the last known address of the delinquent owner. Any lot owner(s) that have paid the delinquent owner,s share of costs and .*p"nr., shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and costs incurred by the owner(s) of any lot(s) or the Property Owners Association in the process of collecting any amount due from uny ott .r lot owner(s) pursuant to the terms of this Declaration shall be paid by the delinquent lot owner(s). 1 1. Access to Lots A and B. As shown on the plat map attached as Exhibit A for the panorama Reserve Subdivision contemplated herein, Loti A and B will be served by a single point of access from the County Road tnown as Panorama Drive meeting the primitive residential standards called for in Section 9:00 of the Garfield county Subdivision Regulations, with Lot A and Lot B to each have their own driveway spur off of this access road' The driveway access shall be a public road that will be maintained by the Property owners Association. The Property owners Association shall assess the owner(s) of Lots A and B each for fifty percent (50%) of expenses associated with construction, operation, maintenance, repair or replacement of the access road, which shall be constructed in a manner that complies with all applicable Garfield County standards, including but not limited to Section 9:00 of the Sr}Alririo, Regulations which also requires thirty-foot wide accesses with a single lane at least twelve (12) feetin width with a native surfac., and a "hammerhead" tumaround at the driveway spur of each Lot A and Lot B. In addition, this access road and the driveway on Lot A shall Serve aS the vehicular and pedestrian access easement to the Well' In accordance with Paragraphs 9 and 10 above, each Lot (including Lot C) shall be assessed a portion of maintenance of this access easement as it pertains to the Well to be determined by the Property Owners Association. lZ. pets. One dog shall be allowed for each residential unit and the dog shall be required to be confined within the boundaries of the lot upon which the dog's owner resides' 13. Foundations and Individual Sewage Disposal Systems' A professional registered engineerwiththe State of colorado shall engin..rill foundations on each Lot and all individual sewage disposal systems (ISDS) used to serve each Lot. 14. Fireplaces. No open hearth solid-fuel fireplaces will be allowed anywhere within the Leo Subdivision. One (t1 soiia-fuel burning stove as defined by Colo. Rev. Stat' Section 25- 7-401, et. seq.,and the regulations promulgateJthereunder, will be allowed in any dwelling unit' All dwelling ur-rits shall be allowedin unlimited number of natural gas or propane buming stoves and appliances. LEWIS-covenants and rvell sharing agrnt-2 Panorama Reserve Subdivision Declaration of Covenants Page 6 DRAF'I- 15. Fire protection. ln order to minimize fire danger within the Panorama Reserve Subdivision, all lot owners shall be required to: (1) remove vegetation within a reasonable distance from all strucfures in order to provide a safe zone in the event of a wild land fire; (2) consider the weights of fire apparafus and accessibility requirements when constructing access driveways into the lots; and (3) post addresses at points where driveways intersect the County Road and on each residence if shared driveways are used (letters for address signs must be no less than four inches in height, one-half inch in width, and contrast with background colors). 16. Drainage. On the Property, one existing culvert exists at the irrigation ditch that crosses the Property. The Lot owners shall be responsible to comply with Sections 9:41,9:42, 9:43 and 9:44 of the Garfield County Planning and Zoning Code in constructing any drainage facilities and each Lot owner shall be fully responsible for such as may be necessary for their Lot. Individual lot owners shall be responsible to provide their own grading, drainage and erosion control plans when they apply for a Garfield County building permit that shows how each lot will keip flows at historical rates, post construction drainage pattems and minimizing concentrated flows that discharge to adjacent properties. tn the event drainage facilities are needed for the access road described in Paragraph I 1, above, such expenses shall be shared l/3 each by each Lot. 17. Traffic impact fees. As determined on the final plat of the Panorama Reserve Subdivision and the Subdivision Improvement Agreement (SIA), each Lot owner shall be responsible for their 1/3 share of the traffic impact fee to be submitted to Garfield County. Declarant shall be entitled for reimbursement for this fee when each Lot is sold. 18. Colorado 'oRight to Farm" Requirements. Pursuant to C.R.S. $ 35-3-101, the Lot owners must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong- rural character and a healthy ranching sector. All Lot owners must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, rto.ug. and disposal of manure, and the application by spraying or otherwise of ihemical fertilizers, soil amendments, herbicides and pesticides, any one or more of which may naturally occur as part of a legal and non-negligent agricultural operation. lg. County Maintenance Requirements. All Lot owners have the obligation under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning and other urp..tr o1using and maintaining property. Lot owners should consult with "A Guide to Rural Living & Smali Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County for a reference to these requirements. 20. Exterior Lighting. All exterior lighting on any Lot will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the Property, except that provisions may be made to allow for safety lighting that goes beyond the Property boundaries. LEWIS-covenauts and rvell sharing agmt-2 Panorama Reserve Subdivision Declaration of Covenants Page 7 DRAF'| 22. Severed Mineral Rights. The mineral rights associated with this Property have been partially or wholly severed un-d ur. not fully intact or transferred with the surface estate therefore allowing the potential for natural resources extraction on the Property by the mineral estate owner(s) or lessee(s). 23. Covenants to Run. These covenants and restrictions shall run with all lots within the Property and shall bind the owners thereof, their successors and assigns' 24. Enforcement. This document may be enforced by any lot owner(s) or any govemmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain oi mandate any action requiredty this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolutio,n, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado' The prevailing party iri any legal action to enforce this document shall be entitled to reasonable attomeys' fees and costs. 25. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may only be amended by the unanimous written consent of all lot owners within the Propertv N" amendment shall be effective until an instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate records of Garfield County, Colorado. 26. Severability. Should any provision of this document be declared invalid or unenforceable by a court of competentiurisoiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED:.,2006. DECLARANT: DRAFT CORT LEWIS LEWIS-covenants and well sharing aglnt-2 Page I of 2 Mark Bean From: Carolyn Dahlgren Sent: Friday, August '1 '1 , 2006 10:59 AM To: Mark Bean Subject: Panorama Reserve Notes, requested by today in prep for your Staff Report: 1. ownership: Title commitment shows Grady and Cynthia Olson, not Cort Lewis. We need the Deed from Olsons to Lewis with legal and easement and well permit all properly "annexed" (attached) and correct. See Nos. 9, 10 and 1'l below. 2. Jack Palomino has signed as ApplicanVOwner's representative. We do not define "Applicant" in Sub Regs; 2:20.47 defines "subdivider" as owner, promoter, developer or sales agent. Owner, as you know, has to sign the SlA, not owner's agent. We should get a Letter of Authorization from the owner, otherwise we eriO up with a representative, who may or may not be authorized, signing to subdivide and pay fees' A fax from Cort Lewis in lllinois will do. 3. Mineral estate separation stuff is on plat - owner marked "deceased". I will ask if Mr. Palomino, or someone on his behalf, has searched Clerk and Recorder's records to see if any Probate Orders show who heir is. Nothing appears on notice list of "adjacent" (AP 34). 4. DECS deal with domestic water but not irrigation - unless l'm missing. Missouri Heights- Mountain Meadow lrrigation CO shares no in name of Cort Lewis. Nothing in DECS requiring him to convey to HOA. 5. DECS require individual storage tanks - buried (para 7). ls that OK? Cistern back-up? (l didn't look at any of the Engineering stuff; only Planners, not Lawyers, can understand such.) 6. DECS talk about a private drive (para 1 1). Not OK. This is a real subdivision, therefore the internal road needs to be a public road. See response on page 22. Didn't compare response to R&8. Does R&B know 2 accesses Panorama Drive? I assume the County Surveyor will check the legal on the easement, especially where it exits to the south. (Note: I figured out that "up" is not north!) 7 . DECS require owner to create an unincorporated HOA. I believe BOCC has said OK on small subdivisions, as well as exemptions, rather than requiring an incorporated HOA. (NOT YET DEALT WITH r ouR NEW CODE) 8. DECS in para'16 put all drainage responsibility on owners. ls that OK? This is Subdivision, not exemption. (page 24 for Staff Report at sketch) 9. Well permit; 2l22lOO State letter - Permit No. 91058 (1977) in original name of James Salter, with Change in Ownership to Olsons, but - no update to Cort Lewis; and, State did not comment on physical water supply. Well test included; can't tell if went to state. Well No in the title work does not match this well no. (see deed on page 1p 16. DECS use this no. and callthe well"Lewis Well" 10. Can't understand deed on page AP 16 - lt has an LLC as grantor and grantee. Has nothing to do with Grady and Cynthia Olson or Cort Lewis. lncludes land, easement and wrong well permit no. 1 1. Legal description in that deed has legal beginning al "S Va corner of Section 17". Surveyed description says " a point on n/s centerline of section 17". Huh? 12. ls Kinder Morgan, Rocky Mountain Natural Gas? Title commit't has RMNA; plat has Kinder Morgan 13 . impact f ees due Carbondale and Rural - don't we require before plat, rather than a promise in SIA? I can get the form fie district SIA language to Palamino/Caloia and Houpt Vegetation stuff, noted AP-48 - can't tell if it went to Steve Please do not foruuard this e mail due to sarcastic content. Carolyn M. Dahlgren Deputy County Attorney Garfield County Attorney's Office 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Phone:970-945-9150 8nt/2006 Panorama Reselve Missouri Heights Vegetation Description and Noxious Weed Assessment June 2006 Natu ra r **"=, k="i,1'fj:il'*H" consu rti ns RECEIVED JUr I 0 2006 E.M. Ecological, LLC, Natural Resource Consulting ca rbonda re' t"' "'lu,fffffi,-ps ?y^ryJl PH e70' eza'48 s7 b\ **l /14.,,"^ Irtztl Native Plant Communities /de ^O' ; d {' -^o\Rtto,/)-noo\(' tr \- ^b (@€, ,J;:; .-cq a*o o'' '" o't"' .s--- F /- , .$9$ E_ {r. o-. €-- $ns. *.7 ,.ari"d s" ^ ,r'.),-')"ct .:' s {' .e'( s Panorama Reserve Vegetation Assessment EM Ecological, LLC o 110 220 440 660 *I- E Existins Buildins Envelopes - | ,&- Contour lnterval 2' Feet If Preferred DisturbanceArea Plowed - Hay Meadows X t@.t i,..t?t- ^o" i I1o ^,q t6zd (i' L Qs .ao..t ^o \-- ,o^ l''o\ LOT T' /.t"^ /B"s- 7 L 3 /*t-o-- .n'^9"/ . ooQ Roads (proposed'existing) & Boundaries ,.-\o- ,,o\'^o(t-,do ^(ot'^o'zr0\' i^+'\:l',s- c.6 Lo" ,,t"ot ^" Unknown' $ .f ^o\" Qat' ^o6't. Jr_c .p\.i' -Unknown ! Cactus \o*R -^o\ R ' (24\ LotC-Env.1 LotC-Env.2 av lote4 (@€, {szd Lot A $ G 6 .Yoo o Ec.g cn \ oi.>l oio/E,' Ior I o1c\(E\(L\ l. Purpose This document provides information and guidance regarding the management of the noxious weeds and pertinent information regarding the native vegetation resources in general on the Panorama Reserve subdivision. Descriptions, photos and strategies for control and suppression of the existing weeds are presented. Proactive measures can minimize and even eliminate the further spread of these highly invasive plants. ll. Brief Description of the Property The 46 acre Panorama Reserve property is comprised of a mix of native plant communities and agricultural hay meadows with an irrigation ditch running east to west through proposed Lot C on the more northerly half of the subdivision. This property is part of a larger landscape consisting of mesas stretching from Glenwood Springs to Basalt Mountain known locally as Missouri Heights. Historically and currently, although highly fragmented, Missouri Heights has consisted of ecologically productive mixed mountain shrublands rich in berries and acorns supporting a diverse afiay of wildlife and songbirds. Additionally these shrublands have long provided browse for native ungulates. Native big sagebrush communities were also typically extensive on areas of deeper soils. Many other areas consisted of pinyon and juniper trees dominant or codominant with the mixed mountain shrub communities. Panorama Reserve's native vegetation is no different and the cleared and planted hay meadows (smooth brome grass from Asia) are reflective of the influx of an agricultural community within the last one hundred or so years. A sizable portion of the property, mainly the southern half, has never been plowed and the native plant communities reflect this and remain intact. Noxious weed densities are currently relatively low, but with future construction disturbances to soils, the key element for encouraging weeds, these outlying noxious weeds will have new opportunities for spread. Diligent watch and action will be needed in controlling inevitable new invasions. lll. Noxious Weeds A general assessment of the vegetation, including the presence of non-native weedy species and noxious weeds was done in June 2006. The different species of noxious weeds were recorded and documented with a camera. A "noxious" weed is differentiated from other non- native weedy species. A noxious weed is by legal definition a "specific plant species which has been designated for mandatory control by branches of loca!, state or federal government due to the harm, actual or potential, that the species is capable of inflicting upon the resources and values of society. To be designated as a noxious weed by state or local governments in Colorado, the species must be non-native to the state..." (State of Colorido website 2006). Three of the weeds residing on the Lot J property are on the Garfield, as well as the pitkin and Eagle County Noxious Weed lists. The state of Colorado has over 85 species on the state noxious weed list, while counties typically have much smaller lists with Garfield with twenty-one, Pitkin at forty-one and Eagle with ffieen. All species listed for a county are also on the stite list. ln addition to the weed control goal of preserving the natural and agricuttural values of a property, the Colorado Noxious Weed Act and the Garfietd County Weed Management Plan compels landowners by law to manage State and County listed noxious weeds. This document strives to provide information and guidance regarding the current noxious weeds and fulfills the E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH970.948.4857 2 request by Garfield County that Panorama Reserve manages its weeds and has an understanding of the vegetation resources on the property. Noxious Weeds Present on Panorama Reserve (Garfietd County Weed List): Common Name: Plumeless thistle Canada thistle Houndstongue Scientific Name: Carduus acanthoides Cirsium aruense Cynog lossu m offici a n ale Noxious weeds Present on Panorama Reserve (state weed List): Common Name: Seientific Name: Downy Brome or Cheat Grass Bromrrs tectonrm Common mullein Verbascum fhapsr.s lV. Extent of Noxious Weeds on Panorama Reserve Plumeless thistle and cheatgrass are the most ubiquitous noxious weeds on the property. Atong the existing dirt road, as well as any areas where soil has been disturbed more recenily,-are where these plants are most numerous. These disturbed sites can have severalsources and can be from human derived actions, the hoof actions of browsing ungulates, and even pocket gophers, an ecologically important, native, rodent. Because these noxious weeds are widely scattered across the property and in fairly low densities, mapping was deemed impracticalfor the scope of this document. One of the bigger concerns is the eiis1ng dirt road as it has areas of very dense cheatgrass as well as scattered ptumeless thistle. Unfortunatety, there are areas of cheatgrass off Panorama Reserve that are also very dense to the south/southeast of the s.outhern-property Iine, providing a constant source of new seed. Cheatgrass will plague any disturbed or open soils and do very wellwith soil disturbances associated with devel6pment. Lo_cally limiting these soil disturbances, as well as timely and appropriate revegetation to provide stiff competition, is going to be imperative to keep cheatgrass expansion in check The knolls, ridges and hillsides of native vegetation have plumeless thistle scattered in very low densities here and there. The remainder of the property has a very similar pattern of plumeless thistle, namely scattered plants. Because this weed is present, it will have a very large propensity to spread with the activities associated with a new subdivision. Canada thisfle was found lightly scattered along the irrigation ditch bisecting the property as was houndstongue. The occurrence of common mullein was very light, but igain, becauie the weed is on theproperty, new opportunities for spread created by laying soils bare through the developmentprocess provides increased likelihood of this species increasing Successful long-term control of noxious weeds typically requires a range of different control methods and strategies to be implemented in combinaiion or sequentiilly. This is known as anlntegrated Weed Management (lWM) approach. The goal is to preveni weed spread andestablishment. Practices include: limiting weed seeds and tfreir dispersat, minimizing soil disturbances, containing cunent infestations, detecting any weed introductions earf-2nd eradicating them, actively establishing desirable vegetation, and using appropriate grazing practices where applicable. For Panorama Reserve, limiting disturbances trdm devilopmint activities will be imperative for keeping weeds in check and preventing new infestations. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 3 property and north road. Narrowleaf cottonwoods (center) reside on the irrigation ditch bisecting the property. V. Noxious Weeds: Species Accounts and Management 1. canada Thistle, Greeping Thistle (circium amlense,syn. Brea arvense) Canada thistle, a member of the Aster Family (Asteraceae) has been declared a noxious weed in 45 states. Colorado is no exception. Canada thistle (Cirsium arvense) is an erect, rhizomatous perennial, with an extensive underground root system that may penetrate to a depth of 10 feet or greater. Stems are smooth or only hairy relative to plumeless thistle, the other noxious weed on the propefi, which has smaf l, spiny stem leaves. Canada thistle also has smaller flowering heads, perhaps a yz to ya of an inch in diameter at the most and almost always with male and female flowers on different plants. Flower color can range from lavender to pink or white. The phyllaries or bracts under the flowering head are spineless on Canada thistle and decidedly sharp on plumeless thisle. The flowering heads of Canada thistle cluster at the ends of branches of which there can be severat branching flower stalks. Flowering is triggered by long days. Leaves are alternate, lanceolate or oblong and very irregularly lobed with spiny-toothed margins and crinkled edges. The Ieaves also terminate in a spine and upper leaves are much smaller than lower !eaves.- As many as four different varieties of Canada thistle have been recognized and the depth of the lobei and degree of "spiny-ness" on the leaves can vary with variety. Not only are there several varieties of Canada thistle, but within each variety there can be several ecotypes. An ecotype is a distinct genotype (or population) within aspecies as a result Flowers of canada thistle. Note the smooth stems. (photo by Mary Ellen (Mel) Harte) E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 T T on of adaptation to local environmental conditions over a period of time (Hufford, K.M. and S.J. Mazer,2003). These different ecotypes probably evolved in their native ranges before finding their way to North America. There are important management implications as each ecotype may respond entirely differently to the same management activity. One part of a population may be completely controlled by a technique while the other will only be partially controlled because two or more ecotypes are present. Leaf shape, stem color, flowering head structure, and the number and size of spines can differ with ecotype. Biology. The key to Canada thistle management is understanding its biology. Canada thistle spreads mainly by vegetative growth. lt has horizontal roots that produce numerous shoots and vertical roots that store water and nutrients in numerous small branches. The root system is extensive, growing horizontally as much as 18 feet and vertically 6 to 15 feet in a season. One-year-old ril plants roots can reach a depth of 5 feet. The most extensive root groMh happens on moist clay. Managers need to be astutely aware that the root carbohydrates follow an annual cycle. Reserves are typically lowest just before flowering which is triggered by long days (14-16 hour days) in early summer. In fall, root reserves begin to increase as shoot growth declines. By January, over-wintering roots are developing new shoots and new roots. These shoots form rosettes when average weekly temperatures reach 41 degrees F (April to May). The flush of root-derived shoots in spring and fall is typical but can happen anytime during the growing season when moisture is adequate as well. Root reserves of carbohydrates decline in unison with a flush event. Root buds willform shoots when the main stem or shoot is removed. Until then, root buds remain inhibited by the Canada thistle at flowering stage. (Photo by Peggy Grebb). presence of the main stem and leaves because of competition for water between the root bud and shoot. Root buds are quickly released and new shoots emerge rapidly with main stem dl E?*,l F q, \ III E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 removal, especially at high humidities. Each meter of root averages 13 to 25 root buds, each capable of forming a new shoot. Shoot density is correlated with previous season's rainfall. Shoot densities increase following an above average precipitation year and decrease following a season of drought. ln established stands, shoots increase with increases in nitrogen indicating Canada thisfle infestations would be more severe in high-nitrogen situations- This may eiplain the vigor of Canada thistle in agricultural areas or degraded wetlands, and wetlandi with towered water tables. However, shoot development is most responsive to favorable soit moisture and temperature regimes more than any other inputs. Canada thistle flowers from July to October and is almost exclusively insect pollinated. Female flowers produce abundant nectar and a sweet odor described as vanilla-like. Flowers must be ope! 8 to ten days before seeds mature enough to be able to germinate. A single plant produces on average 1500 and up to 5300 seeds. Seeds are not the main mechanism for reproduction but are considered important for long distance dispersal. Seed viability is related to depth of burial in the soil. Seeds can remain viable for greater than 20 years w1h deep burial. Vegetative propagation is Canada thistle's main reproductive strategy. Once seedlings are established, roots grow rapidly up to a cm/day for the first 3 months. ln one study, foir and a half month-old plants averaged 111 m of roots, 26 aboveground shoots, and 154-underground shoots (Nuzzo 1998). lf soils are disturbed by tilling or other means, stem and root fraginents can readily propagate or lie in wait for up to100 days and then propagate. Sma!! root fiagments of 2 cm can survive and readily produce clones. ln the example above, the four and a hilf month-old plant if cut into 2 cm pieces, could produce s5 new clones. History. Canada thlstle has long-been recognized as an agricultural pest but only relativety recently beengiven notable attention for its harmful impacts to natural ecosystems and native species. ' Estimates are in the tens of millions of dollars for tosses related to direct crop losses annually and additional millions are spent for control. Unbeknownst to most land managers, the majority of thistle species in the west are native, largely go unnoticed, fulfill natural ecoi-ogical niches andare important members of early successional processes. Colorado has at least i7 native species of thistle, Utah describes twenty four! But the introduced native of southeastern Europe, Canada thistle, is now possibly the most widespread of all thisfle species and considered by most to be very difficult to control because of its extensive root system. The tenacious root systems are the reason this plant is able to effectively outcompete our native and agricultural species and pose such a problem. Distribution. Some authors claim Canada thistle is originally native to southeastern Europe and the eastern Mediterranean (Moore 1975). lt is then thought to have expanded to western Aga and NorthernAfrica. While others claim it is originally native to all of these areas. Canada thisle is nowglobally distributed throughout the middle latitudes in both hemispheres which cover much of Canada and most of the U.S. except some areas in southern staies. ln Colorado it is aparticular threat in riparian, wetland and prairie habitats with an elevation range of 4,000-g,000feet. ln the west it is common on roadsides, swales, old fields, croplands, es[ecially abandoned E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 6 croplands, and pastures. lt does particularly well on deep, well-aerated, mesic (wetter) soils. Canada thistle is shade intolerant and does very well on clay soils so is unfortunately well suited to the Panorama Reserve site near the irrigation ditch. Management of Canada thisfle. The key to controlling Canada thistle is to stress the plant, forcing it to use the stored carbohydrates and nutrients in the roots. Because of the root syitem stores, Canada thisle has an incredible capacity for recovery and a management plan muit be implemented over several years to achieve suc@ss. Priorities should be placed on killing established clones and at the very least preventing theirexpansion. And emphasis should be placed on preventing new invasions in areas suJceptible to new thistle establishment. lt takes at least a couple growing seasons to determine if a particular control method is going to be effective. Many studies have reported a decline in Canada thistle the first year after treatment, fotlowed by a return to previous densities the second growing season (CNAP 2000). Therefore follow up treatments are essentialfor SUCGESS. Mechanical. Mowing may be an effective control method if repeated at one-month intervals over the entiregrowing season and done for several years. Mowing once a year is ineffective. Root nutrient reserves decrease following mowing because the plant is forced to draw on them to develop new shoots. Mowing combined with fall herbicide application further enhances control. Mowing causes the thistles to send out more shoots and more plant area is availabte to herbicide uptake. Multiple season mowings would not be a good choice if native vegetation exists as this will stress or kill the competitors to the thistle. lf in an alfalfa field or ntn-native perennial grass situation where grasses will tolerate the mowing, this is an effective strategy. At the pinorama Reserve property, however, mowing would likely stress desirable species Lbmpeting with the Canada thistle. Currently the densities of the thistle appear low enough that spot treitments would probably be more effective, leaving the competing vegetation iitact. In order to prevent the production and distribution of viable seeds, plants must be mown before flowers open. Burnino. Burning does not appear practical on the Panorama Reserve property. Additionally, Canadathistle response to fire is variable and dependent on the season of burn, soil moisture andlocation. G-rowlng season fire has been shown to damage native species as well as the Canadathistle. Spring burns or dormant season burning can stimulate native plants and temporarityslow the spread of Canada thistle. Dormant seison fire can reduce the number of ptants, decrease_seed production and stimulate groMh of native grasses or non-native perenniaigrasses. But spring burns have also been reported to stimulate the growth and fiowering of thethistle as well, so burns might be best if carried out late in the growiig season. The Canadathistle found on the property was mostly within the non-native [asturd grasr"s growing at theperiphery of the irrigation ditch. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 7 Biolooical Control. To date, there is no single biological controlthat effectively controls Canada thistle. Several agents have been reported to provide various degrees of very limited damage to individual plants but not to populations. This may be reflective of the fact that Canada thistle is reported to have few or no natural enemies in its native habitat where it is also a serious agriculturalweed. More than 130 species, including diseases, insects, and even birds utilize Canada thistle in its native range, but generally cause little damage as their densities are usually low. At least 7 species have been either intentionally or unintentionally released for Canada thistle control but none has been effective. Urophora cardui, a gall fly, has been reported to be available from the Division of Plant f ndustry's Biological Pest Control Section. Ceutorhyncus titura (aweevil) and Cassidia rubiginosa (a leaf beetle) have also been available. A combination of biocontrol agents is thought to provide better controlthan any single agent. And biocontrol applied with other methods, such as herbicides may be even more effective. A combination of root- and shoot- feeding insects has been suggested to potentially be the best scenario but to date no root feeders are known to cause extensive damage. Densities of the Canada thistle are so low on the property that biocontrol agents would likely not have enough food sources to keep them viable. Typically, fairly extensive stands are best for biocontrol applications. The larvae of our native, the Painted Lady Butterfly (Vanessa cardui), feed on Canada thisfle and other Cirsium species and can defoliate individual plants. The Painted Lady is itself affected by a virus that keeps its populations Iow except every 8-11 years when populations explode. During these years the butterflies migrate north where they can be very effective, albeit temporary, biocontrol agents for Canada thistle. Viral infections spreaO rapiOly in large populations and within a year or two the butterfly numbers drop dramatically again. Chemical Control. ln the spring or fall when plants are in the rosette stage and shoot to root translocation is greatest, herbicide absorption is also going to be highest. Therefore, fall is the optimaltime for herbicide treatments with spring being a close second. Soil moisture levels must also be adequate as well. lf the fall turns out to be dry, a spring application around the early bud stage or when root carbohydrate stores are at their lowest is suggested (Nuzzo 2003). mis may be sometime in early June in our area. Tordon 22K (picloram), Curtail (clopyralid plus 2,4-D), Transline (clopyralid), Banvel (dicamba), 2,4'D, and Telar (chlorsulfuron) have been shown by research at Colorado State University to be effective against Canada thistle. Also, Garlon 3A (triclopyr) is supposed to be recenfly federally labeled for some wetland use and potentially promising for Canada thisile in these areas (www.dowagro.com/webapps/liUlitorder.asp?filepath=label/pdfs/noreg/010- 01939.pdf&pdf=true). However Garlon 3A will kill cottonwoods and willows and other trees so areas without trees and shrubs are best suited. The herbicide Redeem is also labeled for control of Canada thistle (advertised as "excellent" control) when applied just after emergence and prior to bud stage. Redeem is advertised as a better choice for urban/subdivision areas than the use of Tordon and is not a restricted use herbicide like Tordon is. The effectiveness of herbicides can be increased when combined with mechanical or cultural controls. As always, check the E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 g labels as areas of use vary such as Tordon may only be applied in non-crop areas and pastures and Telar may only be applied in non-crop situations. Curtail should be applied in late spring when plants are entering the bud stage or in late fall around October when thistle roots are actively growing (Beck 1996). Probably not applicable to Panorama Reserve but worth noting, two or three mowings beginning when Canada thisle is 12-15 inches high, has been shown to greatly improve the performante of Curtail (Beck, 1996). Mowing should be done at one- month intervals and Curtail should be applied approximately one month after the last mowing or sometime in October. This should be repeated the following season to be effective (CNAP 2000). ln the spring when Canada thistle is in the pre-bud to early bud stages (about 10-15 inches tall), either 2,4- D or Tordon22K are reported to be effective. lncreased control is also reported with a follow-up fall application with Banvel applied to regroMh of plants (Beck 1996). The Panorama Reserve population of Canada thistle is interspersed with desirable vegetation and in this case, a very targeted application of a systemic herbicide such as RodeoRosette of Canada thistle on the Panorama Reserve property. (L. Tasker,photo) (glyphosphate that can be used close to water), which carries the herbicide to the roots, may be most effective. An herbicide labeled for use near water is the only kind that can be used when the irrigation ditch is ftowing. lf ground water levels are also found to be high in the area of the Canada thistle, use of these aquatically labeled herbicides are imperative. Repeated applications are usually necessary, no matter what brand is used, due to the long life of seeds inevitably stored in the soils. 2. Plumeless Thistle (Carduus acanthoides) Plumeless thistle, a forb, is widely scattered to date on the Panorama Reserve property. A member of the Aster Family (Asteraceae) it is considered a biennial or winter annual in milder regions.Plumeless thistle flowering heads (Lisa Tasker, photo) E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 H Plumeless thistle's flowering heads are solitary at the ends of the branches or in clusters of 2-5 and do not droop or nod. Flowers are more purplish pink than Canada thistle and larger, being 1-2 inches in diameter with Canada thistle flowers at%-Ta of an inch. A plumeless thistle plant has a "candelabra" appearance as the stems are much branched toward the top. As mentioned previously, the stems are spiny due to armed "wings" or stem Ieaves, whereas Canada thistle has smooth or only hairy stems. The phyllaries or bracts (green leaf- like structures) under the flowering head are sharp while Canada thistles phyllaries are spineless. Basal rosette leaves are 4-8 inches, typically deeply serrate (saw-toothed) almost to the midrib and with spiny lobes. The native thistle, Cirsium undulatum var. tracyii, on the property is very grayish blue-green in color and unmistakably different just by this feature alone. They have very white, A native thistle rosette easily distinguished from the noxious thistles of concern (L. Tasker) hairy, upper and lower leaf surfaces as they continue to mature and this characteristic should be helpful in avoiding disturbing these ecologically important natives. Three forms of plumeless thistle have been described in the eastern U.S. Hybrids also occur between Musk thistle (Carduus nutans), another larger flowered, biennial, and plumeless thisfle. These hybrids are referred to as Carduus x orthocephalus. Biology. Plumeless thistle is a biennial species with reproduction occurring from seed only. The plants may act as annuals under exceptional conditions like an area of sparse vegetation with little competition and fertile soil. Seedlings typically emerge from early spring into late fall and length of time to flowering can vary from 4 months to 22 months depending on environmental conditions. A single, fleshy taproot is formed. Stems begin to elongate in June. Blooming starts with the terminal flowering head in June and continues into September with the lower branches. Seeds mature arfter 7-10 days of initial flowering. Under favorable conditions, germination of seeds has been reported io be as high as E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 10 95% and seeds remain viable for over 10 years. lndividual plants are capable of producing 10,000 seeds which are dispersed by wind similar to the dandelions strategy, another Aster family native. Wind dispersal allows movement over long distances, especially on wind prone Missouri Heights. Plumeless thistles do not typically pose a threat to high quality natural areas like some on the Panorama Reserve unless a threshold of disturbance levels is reached and a seed source is in the area. The upper ridges on the southern portion of the property have very low densities and plants are small but their presence is notable. A certain Ievel of disturbance to plants and soils is evidently required before thistles €n compete wellwith the native plants, mosses, and microbiotic crusts within natural areas. Once areas reach a disturbance threshold, plumeless thistle can pose a major problem. The native mixed mountain shrublands on the property, with Gambel oak, serviceberry, mountain mahogany, snowberry, and big sagebrush, are heavily utilized by native ungulates on the south to southwest facing aspects and on the ridgelines. Soil disturbance levels there are elevated to some degree because of apparent heavy foraging by big game most likely during low snow-depth periods during fall and winter. The shrubs are heavily utilized as evidenced by their small sizes and characteristic "clubbing" shape which occurs with overbrowsing. Past cattle grazing practices may also have influenced current understory conditions in the native plant communities. History. The earliest collections of plumeless were from Camden, New Jersey in 1878 and then in Virginia in 1926. ln the 1940's, sixty years Iater, it was reported to occur from Nova Scotia to Nebraska, and south to Virginia and Ohio (L.T. Kok and A. Gassmann, 1999). Distributions continued and were later reported in the Canadian provinces of Nova Scotia, Quebec, Ontario, and west to British Columbia. Dense infestations are not uncommon and over 90,000 plants per hectare were reported in pasture in southern Ontario and Quebec in 1988 (1.T. Kok and A. Gassman, 1999). As thistles are not grazed by cows in pastures, they easily outcompete forage grasses and can become the dominant vegetation. Over time, they can dominate entire fields if not controlled.Plumeless thistle in the bolting stage on the Panorama Reserve property dirt road. (L. Tasker) E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 I 1 Distribution. Plumeless thistle is native to Europe and western Asia. lt is reportedly common in eastern parts of Europe, but absent from southwestern and northern Europe. Currently, it is reportedly most widespread in the northeastern U.S. and several central and western states. Plumeless has been declared a noxious weed in 5 other western states in addition to Colorado as well as South Dakota, Nebraska, Maryland, Minnesota, North Carolina, Virginia and West Virginia. The overall geographic distribution of plumeless thistle is not nearly as great as Canada thistle or musk thistle, but in the Roaring Fork Valley it is a formidable pest. lt is particularly suited to invading abandoned hay fields and pasture land that no longer receive irrigation. Precipitation events in the growing season can provide ideal germination conditions and over time plumeless thistle can colonize the interspaces among introduced forage and pasture grasses experiencing our typical, yearly, periodic summer drought stresses. These forage grasses are native to more mesic environs and when irrigation is pulled, they go dormant for much of the growing season. These hay and forage grasses without supplementalwater, are less successful in competing with plumeless thistle, a species well suited to completing its life cycle with our naturally sporadic, rainfall events in the unstable monocrop and interspaces of planted grasses or hayfields. Management of plumeless thistle. Elimination of any seed production is the key to controlling plumeless thistle. With seeds viable for greater than 10 years, a management plan must continue for at Ieast that long. Mechanical. Because of plumeless thistle's biennial habit, mechanical control can be very effective. Mowing is not effective, contrary to some of the literature reports. Mowing plumeless thistle is most effectual in the bud to early bloom stage (mid-summer) but will still produce new branches from buds in the axils of the basal leaves. These flowers will open and mature close to the ground. lf close mowing is done or cutting three times per growing season, some seed production is reported to be prevented. Obviously, mowing must be done before flowers have opened or viable seeds can be spread. For the most effective but laborious mechanica! control, plants can be cut with a sharp shovel about 2" below the surface before flowering. If the taproot is diminished, the biennial plant will die. lf the plant makes it, plumeless has the uncanny ability, like many biennials to become a perennial until it is able to set seeds. Mechanical controlwould have to be implemented until the soil seed supply is exhausted which is nothing shorter than a 1O-year commitment. Burnino. No information available. Bioloqical Control. To date, there is no single effective biological control of plumeless thistle for Colorado. As in Canada thistle, a few agents have been reported to provide various degrees of limited damage to individual plants but not to populations. More than 30 insect species have been recorded so far as utilizing plumeless thistle in its native habitat. Plumeless thistle has a smaller geographic distribution than both Musk thistle and Canada and this may explain its smaller list of associated E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 12 insects. Biological controls have been largely selected for the plumeless relative and another biennial, Musk thistle. Rhinocyllus conicus (a seed feeding weevil) and Tichosirocalus honidus (a rosette weevil) were simultaneously used against plumeless thistle. R. conicus appears to have low attack rates on plumeless thistle because the weevil is poorly synchronized with the plant phenology. This also appears to be the case in its native ranges. With increasing concerns of R. conicus negatively impacting our native thistles (Louda et al. 1997), Urophora so/sfffialis (a fly) was selected in the mid-1980's and released against plumeless in Maryland in 1993. lJ. solstitia/rs to date has not become established. T. horridus successfully impacted plumeless thistle in studies in Virginia after 10 to 12 years following initialweevil releases (Kok and Gassman, 1999) but has not been able to establish itself in Garfield County to date. Wisconsin is reportedly not releasing any biological controls on thistles at this time because of the concerns regarding impacts to rare, native thistles (Department of Natural Resources, Wisconsin, 2003). Chemical Control. Herbicide applications are reported as most effective when applied in the spring or fall. Specifically spring applications should be done 10-14 days before plumeless thistle bolts and in the fallto any new rosettes. Chlorosulfuron (Telar) should be applied to bolting plumeless thistle. Tordon 22k alone or in combination with other specified herbicides is said to give the best season-long control (Department of Natural Resources, Wisconsin, 2003) and fall recommendations are reportedly most effective in the literature (Douglas County, NE 2003). Banvel (dicamba) ,2,4-D, Transline (clopyralid), Ally or Curtail (clopyralid plus 2,4-D), and Escort (metasulfuron) are other commonly used herbicides. Escort is recommended for use in spring just before flowering. Contact a county weed specialist or other certified weed professionalfor more information, including rates and timing regarding the use of herbicides 3. Houndstongue (Cynoglossum officinale) Present but not in high amounts on the Panorama Reserve is houndstongue, a poisonous, noxious weed now widespread across the U.S. and listed as only absent from 8 out of the 50 states. A member of the Boraginaceae Family, it is listed as a noxious, restricted or prohibited weed in 6 states and 2 Canadian provinces. A native of the mountains of western Asia and Eastern Europe, it is most common below 60 degrees N and becomes s@rce towards the Mediterranean region. Houndstongue is thought to have been introduced as a crop seed contaminant from Europe. Biology Houndstongue is considered a biennial or a short-lived perennial. lt develops from a seedling into a rosette the first year (see cover photo) and the second year, produces a flowering stalk 8 to 30 inches high. lt has a thick, black, branching taproot. Flowering stems are produced the 2no year or sometimes later if environmental conditions are stressful. Houndstongue inflorescences have up to 35 pink to blue flowers each and are in the axils of the leaves or short terminal branches The leaves are said to resemble a hound's tongue and are soft due to numerous soft white hairs on both surfaces. Plants have somewhat attractive flowers forming in mid-June and range in color from dull red to burgundy. lndividual plants can produce from 300- 675 seeds. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH s70.e48.48s7 l3 Houndstongue fruits are nutlets that have been best described as having a "Velcro" like covering allowing them to stick readily to socks, animal fur, and become entangled in hair or clothing. These seeds are viable for two to three years and hence do not form large or persistent seed banks like plumeless thistle can. The only means of reproduction is by seed (within the nutlets). ln Montana, seed production estimates range from 300-675 seeds per plant with higher estimates in other areas. Seeds remain viable an average of only 2-3 years and studies indicate a vernalization period (a cold period) such as overwintering is needed to break dormancy. Disturbance is important for houndstongue seedling establishment. On Dutch coastal dunes, houndstongue only occurred where horses and cows were allowed to graze. lt is also better adapted to moister sites and does not do well in dry grassland areas with less than 12 inches annual precipitation. Houndstongue is also not strictly biennial as repeated flowering has been observed in the 3'd and 4th years. Houndstongue flowers (L. Tasker) Houndstongue contains pyrroli-zidine alkaloids or PA's which may cause liver damage or failure in horses and cattle. Typically the fresh plants are considered unpalatable to these grazers unless other forage is scarce and when cut and dried in hay, poisoning is more likely to occur. Management of houndstongue Effective long-term control of houndstongue and any noxious weed species requires that the invasive plant be removed and replaced by more desirable plant species. This can be accomplished in relatively lightly infested areas of native plant communities by removing the houndstongue and allowing the small micro- site to naturally be re-colonized by seeds from neighboring native plant species. This is somewhat the case in the native plant communities on the Panorama Reserve property. lf infestations are higher in places and substantial soil areas were laid bare, more active re-establishment of desirable plant species would be imperative for long-term Houndstongue rosette on Panorama Reserve. (L. Tasker) success. Grazed range or heavily foraged sites like those on the south/southwest facing E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 14 4 il hillsides provide an environment where gaps are repeatedly created and therefore suitable sites for establishment of houndstongue (and the other existing noxious weeds) are usually continuously kept available It is important to note, with seeds remaining viable for up to three years, there will be potential for new plants to sprout in disturbed soils. Very aggressive revegetation after construction will be imperative and vigorous watch for new infestations post-construction will need to occur. Mechanical Control Typical surface cultivation, ripping, scraping, or digging and hand-pulling are considered ineffective means of controlling houndstongue as plants are capable of resprouting from the root crown. lf the plants are severed 2 inches below the surface, however, and the topgrowth is removed, this can be effective in killing plants. If plants are harvested in this way after seed set, careful bagging, so as not to spread seeds, is necessary. Mowing at ground level has been reported to reduce regrowth by up to 60 percent as well as seed production. Chemical Control An early spring application o12,4-D amine before bloom can provide very effective control of second year rosettes (the plant stage prior to flower formation). Picloram 22K, (Tordon), a restricted use herbicide, has been effective on first year rosettes when applied in spring, summer or fatl. This would be appropriate for the upland areas away from the irrigation ditch. However, in areas where soils are gravelly or the water table is high, Tordon is not an appropriate choice. Metasulfuron (Escort) can be applied in rangeland and non-crop type situations like the Panorama Reserve property, preferably in mid-June when plants are very actively growing. A non-ionic surfactant must be added to any herbicide solution for use on houndstongue due to the thick layer of hairs on the surface of the plant. An additional application the first year may be needed to prevent seed set. For complete control, annual reapplications may be needed. Contact a county weed specialist or other certified weed professionalfor more information, including rates and timing regarding the use of herbicides. Bioloqical The densities of houndstongue on the Panorama Reserve property are probably not high enough to support biological controls and to date, none are available. 4. Cheatgrass, Downy Brome lBromus tectorum, sytr. Anisantha t*toruml Cheatgrass is on the state of Colorado's List C, meaning it is so prolific that requiring strict management is often unrealistic, but education and any efforts to stop the spread of cheatgrass (i.e. containment) are sti!! important. Cheatgrass is a noxious annualweed infamous for plaguing many land managers across the more arid ecosystems of the western U. S., Canada and northern Mexico. Cheatgrass or downy brome as it is also referred to, is only recently becoming very problematic in the Roaring Fork Watershed. The habitats with the most infamous infestations, the shrub-steppe communities, are very similar to those of the Panorama Reserve native plant communities and greater Missouri Heights. Transformation of a plant community to cheatgrass can occur very rapidly. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 15 The native plant communities of the Panorama Reserve property are ideal environments for the establishment of cheat grass and of great concern for the future. The fire return intervals of much of the mixed mountain shrub communities of the lntermountain west have gone from every 60-100 years on average to every 3-5 years with the invasion of cheatgrass (Carpenter and Murray, 2006). lf cheat grass is in the area, as it is on the Panorama Reserve property, all it takes is an initial disturbance to the point where cheatgrass can aggressively invade an area with other annuals and plant community dynamics can take a downward spiral. The slender stems, hairy leaves and very long-awned spikelets on twisted branches help to distinguish Bromus tectorum from other similar annual (8. japonicus, B. secalinus) and perennial (8. inermis) Bromus species. Also, cheat grass matures 1 to 2 weeks earlier than other annual Cheatgrass is the light tan grass amongst the otherwise native vegetation. (L. Tasker) bromes and many other species in general (MSU Extension Weed Management 2001). Plants are very green and soft in early spring, a condition quickly forgotten when plants become purple then brown, dry out and become a true nuisance when walking through. Cheat grass is an annual or winter annual and a member of the Grass Family (Poaceae). The majority of cheatgrass seeds germinate in the fall with the first good rains. Plants then resume growth the following spring and depending on conditions, can reach 2 inches to 2 feet tall during their single-season life cycle. The roots are finely divided and can reach anywhere from 12 to 60 inches deep. Plants are very green and soft in early spring, a condition quickly forgotten when plants become purple then brown, dry out and become a true nuisance when walking through. The flowers are grass-like in what is called a panicle arrangement with each spikelet consisting of 5 to 8 florets which later contain the seeds. These nodding panicles are very distinctive as are their moderately awned spikelets. The spikelets are the annoying feature of the plant when it is mature as they penetrate socks, pants, fur, even soft mouth tissue, and the seeds are therefore widely dispersed. Biology. Cheatgrass or downy brome is a prolific seed producer. Even in extremely dry conditions, cheat grass will produce viable seeds even though it may only reach 1-2 inches in height. And a single cheatgrass plant receiving adequate moisture and sun can easily produce 5,000 seeds (Sheley and Petroff 1999). The plants are mostly self-pollinated and seeds can germinate very soon after they mature. Viable seeds exist even before the plant turns its characteristic purple color on the fruits. After the first fall rain in infested areas, cheatgrass seeds can germinate E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 16 quickly and at very high rates, as high as 95%. The fall germinated seedlings grow little and over-winter in a semi-dormant state, completing their lifecycle the next spring. Roots reportedly can grow in almost freezing soil temperatures and continue to grow throughout the winter until soils drop to less than 37 degrees F. Plants head out in late April to early May and seeds mature in June (CNAP 2000), ready to start the cycle all over again in the fall. lf conditions are dry, environmentally induced dormancy can occur in seeds, last several years and break down at erratic intervals allowing seeds to remain in the soil bank for extensive periods. One of the principal ways cheatgrass successfully competes with desirable, perennial grasses, especially seedlings, is through early, soil moisture depletion. Additionally, thick mulch in dense cheatgrass stands favors downy brome seedling establishment and inhibits germination of perennial bunchgrasses (CNAP 2000). Cover of lichens and mosses on the surface is also inhibited by thick mulch and results in less competition for resources for cheatgrass seedlings. Cheatgrass populations can remain relatively unchanged for severa! years until conditions become favorable. Drought, fire, excessive grazing, and man-made soil disturbances thereby stressing or removing desirable plants allows cheatgrass to invade in a pulse-like fashion. The cheatgrass population exhibits a surge in numbers when these growing conditions favor it. History. The introduction of cheatgrass to North America from southwestern Asia has been put sometime before 1861. The first records were from wheat fields in British Columbia, Washington and Utah where farmers called it "cheatgrass" because this new invasive plant was cheating them out of their crops. lt's thought to have been introduced independently several times. Soils used as ballast were thought to be some of the original vectors. The first collection in Provo, Utah was in 1893 and the first report in Nevada was in 1906. Wheat seed was often contaminated and straw used for packing materialwas infested with seeds. Therefore railroad rights of ways were probably some of the first populations and they just headed out into adjacent rangeland vegetation. The period of cheatgrass invasion followed a period of excessive livestock grazing all over the west. The competitiveness of the indigenous vegetation was greatly reduced and soil disturbances were perfect for cheatgrass germination. Following World War l, the agricultural depression forced the abandonment of countless dryland homesteads in the Great Basin and they left perfect conditions for colonization by cheatgrass. The number of cheatgrass infestations continues to grow both in the intermountain west and in Alberta and Saskatchewan. Growth has been described as exponential. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.e48.48s7 17 Distribution. Cheatgrass is now widely distributed throughout North America. lt is most common in Colorado between 4,000 and 9,000 feet in elevation (CNAP 2000). While cheatgrass occurs in a variety of habitats, the Columbia-Snake River Plateau, Wyoming Basin, and the northern edge of the Great Basin in disturbed sagebrush steppe communities are the most prominent areas of infestation. The seeds of cheatgrass are so ubiquitous that the potential for invasion is almost unlimited. Populations of cheatgrass are genetically very similar but highly plastic which allows them to thrive in an extensive array of site conditions. It is found in salt desert shrub communities with 6 inches of average annual precipitation to high elevation conifer forests with greater than 25 inches precipitation per year. One of the most critical points of expansion is when populations of cheatgrass become so vast that they then influence the wildfire regime, as The light tan grass is cheatgrass along the existing dirt road. (L. Tasker) mentioned above, rapidly accelerating the fire return intervals on huge acreages. Management of cheatgrass. Mechanical Control. Mowing or cutting plants is not recommended. Cheatgrass cut before seeds ripen will produce new stems and seeds at the height of the cut. lf plants are cut after the seeds ripen, they will die but this is a waste of time because the seeds are already viabre. Hand pulling would eliminate the seed production and could be used in small infestations, but it would not eliminate the infestation. Seeds would still be left in the seedbank. The pulling program would have to continue diligently for several years or unti! the seed bank was exhausted. Care must be taken in being certain to get all of the roots so the plant cannot regrow and simply regrow and produce new seeds. Burninq. Fire is generally considered an ineffective toolfor controlling cheatgrass and impractical on the Panorama Reserve property. ln Colorado, burning is recommended in June after the plant has dried but before the seeds are dropped. lnevitably some seeds drop and if reseeding with desirable perennial grasses does not occur post-fire, pre-fire levels of cheatgrass return in 3-4years. Burning may reduce the vigor of the species competing with the cheatgrass. Shrubs such as sagebrush and grasses such as bluebunch wheatgrass are not adapted to fire. Cheatgrass fires can be very hot and dangerous and done only by trained individuals. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 l g Controlled burns are not productive in areas dominated by native vegetation as the competition is set back and cheatgrass colonizes even more. Fire is not an option at the Panorama Reserve property Biolooical Control. None to date. Chemical Control. There are several herbicides that are repofted to be effective against cheatgrass (Carpenter and Murray 1998). Damage to non-target species, as always, is an important consideration and application timing and reading the label is imperative for minimizing damage as it is in all herbicide use situations. Herbicide use for cheatgrass must occur before plants are setting seed in the spring or late fall when non-target species are still dormant so as to avoid injury to cheatgrass competition (CNAP 2000). Cheatgrass plants 1Ocm or less and growing vigorously, and not flowering are said to be the best conditions for herbicide application (Weis et a|1995). Early spring applied herbicides discussed in the literature include quizalofop, fluazifop-p-btyo (Fusilade DX, Fusion, Tornado), sethoxydim (Poast), glyphosate (RoundUp, Rodeo, Accord), and imazapic (Plateau, Cadre) (CNAP 2000). Fall herbicide applications are for seedlings that have just recently germinated and are beginning to grow vigorously (CNAP 2000). In the literature they are described as being used mainly by farmers growing winter wheat. More recently, successful fall applications have also been used in pastures, open space lands and rangelands. Fall applied herbicides for non-crop situations for cheatgrass control include sulfometuron methyl (Oust) and imazameth (Plateau), (CNAP 2000, Carpenter and Murray 2006). As always, contact the county weed manager and/or a licensed applicator for specific recommendations. 5. Common Mullein (Verbascum thapsus): Brief Overview Once a population of this wooly leaved plant gets established it can be extremely difficult to eradicate. Also known as wooly mullein, this prolific seed producer can overtake a disturbed site very quickly. It adapts readily to a wide variety of site conditions. Common mullein at flowering E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 1 g On the Panorama Reserve property, there are very few plants, but new soil disturbances will also favor the spread of this native of Europe. This plant was brought over by settlers to use as a medicinal herb. Because there are very few plants, only a cursory overview of this weed is provided. Biology and Spread Common mullein is a monocarpic perennial meaning it takes two or more years to set its yellow flowers and die. The first year mullein produces a tap root and a rosette of its felt-like leaves. lf conditions are right, the second year plants bolt into maturity, flower, produce seed and then die. Flowers closer to the base of the stalk mature first sequentially followed by those further up the stalk. Longer stalks increase the blooming period and can continue to flower into October. Most notable, a single plant can produce 100,000-180,000 seeds that can remain viable for more than 100 years. seeds tend to drop crose t" tff ;:Htr[iHi"Ji,;ilf 5Lffil;H["'l;il1:]1e rosette (L rasker) Management Bare soils are necessary for common mullein seedling emergence. This is important information for creating management strategies. The rapid reduction of bare ground through colonization by other plants has been effective in eliminating infestations. Mechanical Control Common mullein has a relatively shallow taproot allowing for relative ease in mechanically removing or even hand pulling the plant especially in loose soils. This method is extremeiy effective in reducing populations and seed production where practica!. lf blooms and seeds are present, the reproductive structures should be carefully removed and bagged for proper disposal in a sanitary landfill. Of utmost importance, is keeping soil distuibances during these activities to a minimum since loose, bare soilfacilitates mullein seed germination. Ghemica! Control Where hand pulling is not safe or practical or would cause significant soil disturbance, herbicide control is and effective option. A2o/o solution of glyphosphate or triclopyr and water plus a non-ionic surfactant had been found to be successful (Johnson 2005).'ihe surfactant is necessary for help in penetrating the thick layer of surface hairs on common multein leaves. Glyphosphate is a non-selective herbicide so caution in applying it only to the targeted plant is necessary and application should not be so heavy that herbicide drips off leaf surfaces. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 20 Triclopyr is selective for broadleaf plants and a better choice at Panorama Reserve where desirable native species reside next to mullein plants. Applications in early spring may be better as many of the non-target plants may still be dormant. Again, contact the county weed manager and/or a licensed applicator for specific recommendations. Native Plant Communities A section of the southern portion of Lot C and all of Lots A and B are located in areas of native vegetation much of which is sti!! in very good shape meaning weedy species are at a relative minimum. lt is becoming increasingly uncommon to find native plant communities without problematic noxious weed levels and/or unsustainable levels of disturbance. Much of the native vegetation is in good shape on the Panorama Reserve propefi, albeit woody species are heavily browsed in the south facing southernmost hillside. The plant communities vary across aspects according to shrub dominance and in accordance with past disturbance or fire events. The dominant shrubs include Gambel oak (Quercus gambelrr), serviceberry (Amelanchier utahensis), mountain mahogany (Cercocarpus montanus), big sagebrush (Artemisia tidentata spp), horsebrush (Tetradymia canescens), and snowberry (Symphoricarpus oreophilis, syn S. rotundifolius). Gambel oak and serviceberry are most common and heavily utilized by big game. There are distinct areas on the upper ridges on Lots A and B where mountain mahogany is a dominant shrub and bluebunch wheatgrass is prolific. Most communities with mountain mahogany are tracked by the Colorado Natural Heritage Program as they are relatively uncommon within the Southern Rocky Mountain Ecosystem. The occurrence of mountain mahogany with bluebunch wheatgrass as two dominating plants is a plant community ranked by CNHP as an 53. Meaning is given to these elements by placing them within a state- wide, nationwide, and global context. By creating and understanding species Serviceberry an uncharacieristic 2 feet in size due to browsing pressures. imperilment ranks and even quality ratings for each occurrence (all on a 1-5 scale), priorities can potentially be established on a voluntary basis for protection of the most sensitive and imperiled sites. An 53 rating indicates this assemblage is considered vulnerable through out its range or Heavily browsed Gambel oak, serviceberry and mountain mahogany. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 2l found locally in a restricted range (21 to 100 occurrences are thought to exist). Because of this, E.M. Ecological, LLC has delineated areas where disturbance would be preferred and have the least impacts to these systems. These are recommendations. Agricultural Fields Much of the northern portion of the property and the majority of Lot C on the Panorama Reserve property has been cleared of native vegetation in the past and planted with smooth brome grass (Bromus inermis), a species originating from China and used extensively in the valley as a hay meadow grass. This grass plant is highly invasive, especially with adequate or additionalwater, and persistent but also subject to invasion by weeds due to a monocrop status. Some colonization by the native rabbitbrush (Chrysothamnus viscidiflorus) as well as some colonization by horsebrush and big sagebrush has occurred but typically at very slow rates. When these hay meadows are no longer irrigated, they can become more susceptible to weed species encroachment. General Strategies for allweeds on the property and a seed mix recommendation: As has already been stressed, the most effective method of managing weeds is to prevent their spread and subsequent establishment. One effective strategy for construction sites is pressure washing of all heavy equipment prior to leaving the site and requiring any equipment arriving to have been cleaned prior. These activities are very effective in stopping the spread of any noxious or aggressive unwanted weeds. Many weeds have been spread by the soils caked on heavy equipment moving from site to site. Additionally, fencing the periphery of your area of disturbance greatly reduces the chances of heavy equipment operators disturbing more soils outside of your construction zone. Wherever possible, great care should be used to keep soil disturbances, especially shallow disturbances on the periphery of project sites, to an absolute minimum. Proper and thoughtful handling of weed infested soils from the site will greatly improve prospects for future weed infestations. Aggressive and timely revegetation of disturbed soils after construction is helpful in providing competition and closing weed infestation opportunities on soils laid bare due to project activities. Especially in the native plant community areas, specifically Lot A and Lot B, bare ground not covered by new landscaping around a structure should be reseeded with native grass species. The recommended species mix: bluebunch wheatgrass (Agropyron spicatum, syn. Pseudoroegneia spicata), western wheatgrass (Pascopyrum smithii),lndian ricegrass (Oryzopsis hymenoides), green needlegrass (Sfipa viridula),ldaho fescue (Festuca idahoensis), needle and thread grass (Sfipa comata, Hesperostipa comafa) and Sandberg bluegrass (Poa secunda, syn. Poa sandberyi} all readily available from several sources within Colorado. Any soils or fill materials brought in from outside the property should be avoided unless the seller can guarantee weed free materials. lllVM Treatment Methods and the limitations of this document. lt is the intent of this document to list some of the more apparent noxious weed problems on the Panorama Reserve property and to report some of the facts and methods currently used and discussed in the weed literature and given by professiona! weed managers. The information is not meant to be complete but to be used as a reference and treated as an evolving, growing document, one that is to change with the changes in available science as well as the changes in herbicide labeling. ln regards to herbicides, herbicide use must be consistent with the herbicide label information. E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.48s7 22 The label is the lAW. It is a legal, binding document and all uses of an herbicide must be done in a manner consistent with the label to avoid any unwanted or injurious circumstances. Follow chemical recommendations with the understanding that no discrimination or endorsement is intended or implied for any particular product by E.M. Ecological, LLC and that information may have changed. The changes in herbicide labels and registrations occur constantly. Read and follow directions carefully. Trade names are given only to give the reader that much more information for potentially recognizing an herbicide- Unusual Gactus At least three species of cactus reside on the property within the native plant communities. They are Pediocactus simpsonii, Opuntia polyacantha and Opuntia fragitis. A highly unusual abberrant form of ball cactus (Pediocactus srnpsonry' was found outside of the Uulning lot on Lot C. The exact placement of this cactus is not known for certain as the maps we used were not geo-referenced and our GPS point was placed on the map by memory. The abberation is called a crested or fasciated form. The meristem elongates laterally more than vertically, but what causes that is unknown. Suspected causes: a somatic mutation or a virus. lt has been seen in other species of cacti, most notably in the famous saguaro of the southwest. Pediocactus Pediocactus E.M. Ecological, LLC, Natural Resource Consulting Carbondale, Colorado PH 970.948.4857 23 Appendix 1. References- Panorama Reserve Vegetation Assessment Beck, K.G. 1996. Canada thistle. Colorado State University Cooperative Extension Natural Resources Series, No. 3.108. http:www.colostate.edu/Depts/CoopExUPUBS/NATRES/03108.htm| [25 Aug 03]. Bridgeman, T. 1832. TheYoung Gardners'sAssisfanf. George Robertson, New York. 164 pp. carpenter, A.T. and r.A. Murray. 1998 Element stewardship Abstract for Bromus tectorum. The Nature Conservancy, Wildland weeds Management & Research Program. Arlington, VA (703) 841-5300 Colorado NaturalAreas Program. 2000. creating an lntegrated weed Management Plant, Caing for the Land Senes /v. Colorado Department of Natural Resources, Denver, CO. Colorado Weed Management Association (CWMA). 2002. Troublesome Weeds of the Rocky Mountain West, Seventh Edition. Holm, L.G., J.V. Pancho, J.P. Herberger. 1977. The World's Worst Weeds: Distibution and Biology. University Press of Hawaii, Honotulu. Hufford, K.M. and S.J. Mazer. 2003. Plant ecotypes: genetic differentiation in the age of ecological restoration. Trends in Ecology and Evolution 18, 147-155 Johnson, Kirk. 2005. Fact Sheet, Common Mullein. Plant Conservation Alliance's Alien Plant Working Group. www.nps.gov/plants/alien Kok, L.T., and A. Gassmann. 1999. Plumeless thistle (curled thistle, bristly thistle) in Biological Control of lnvasive Plants in the Eastem tJnited Sfafes. virginia Polytechnic lnstitute and state university, Blacksburg, Virginia. Louda, S.M., D. Kendell, J. Connorand D. Simberloff. 1997. Ecologicaleffects of an insect introduced for the biological control of weeds. Science 277: 1088- 1099. MSU Extension weed Management, Land Resources and Environmental sciences Department. 2001. Bozeman, MT. www.weeds.montana.edu Nuzzo, Victoria. 2003. Element stewardship abstract for Cirsium atvense, Canada thistle, creeping thistle, Californian thistle. The Nature Conservancy, wildland Weeds Management & Research program. Arlington, VA (703) g41- 5300 E.M. Ecological. LLC Carbondale, Colorado I Appendix 1. References- Panorama Reserve Vegetation Assessment Sheley, R.L. and J.K. Petroff, eds. 1999. Biology and Management of Noxious Rangeland Weeds. Oregon State University Press, Corvallis, OR. Tu, M., Hurd, C. & J.M. Randall. 2001. Weed Control Methods Handbook, The Nature Conservancy, http:/ftncweeds. ucdavis.edu, version : April 2001 . Weise, A.F., C.D. Salisbury, and B.W. Bean. 1995. Downy brome (Bromus tectoru m'1, jointed goatg rass (Aegilops cyli nd rica) and horseweed (Conyza canadensrs) control in fallow. Weed Technology 9:249-254. Wisconsin Department of Natural Resources. 1998. Musk or Nodding Thistle (Carduus nutans\, Plumeless or Bristly Thistle (Carduus acanthoides), and Bull Thistle (Cirsium vulgare). http:www.dnr.state.wi.us/org/land/erlinvasive/factsheets/thistles/htm [27 Aug 03] Wrage, L.J. and Kinch, R.C. 1973. ldentification and control of wormwood sage. S.D. Agr. Ext. Service Dept. 593. Johnson, Kirk. 2005. Fact Sheet, Common Mullein. Plant Conservation Alliance's Alien Plant Working Group. www.nps.gov/plants/alien E.M. Ecological, LLC Carbondale, Colorado ll