HomeMy WebLinkAbout1.06 Supplemental App Info Response to PCLOY ALE. LEAVENWORTH
SANDER N. KARP
JAMES S.NEU
KARL J. HANLON
MICHAEL J. SA WYER
SUSAN W. LAATSCH
ANNAS. ITENBERG
CASSIA R. FURMAN
BETH E. KINNE
CASSANDRA L. COLEMAN
LAURA M. WASSMUTH
CHADJ.LEE
Fred Jarman
Planning Director
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
LEAVENWORTH & KARP, P.C.
ATTORNEYS AT LAW
201 14rn STREET, SUITE 200
P. 0. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
kjh@lklawfirm.com
April30,2007
Re: Rapids on the Colorado PUD; BOCC Submittal
Dear Fred:
DENVER OFFICE:*
700 WASHING TON ST. STE 702
DENVER, COLORADO 80203
Telephone: (303) 825-3995
*(Please direct all correspondence
to our Glenwood Springs Office)
The following is the condition list approved by the Planning Commission for the Rapids on
the Colorado PUD. In bold after each condition which was to be addressed prior to the BOCC hearing
there is a reference to where each condition has been addressed.
Conditions of Approval for the Rapids PUD:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Planning Commission and the Board of County Commissioners, shall
be conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. The Applicant shall be allowed to reduce the Garfield County Street and Roadway design
standards in designing the internal road network to the Secondary Access design requirements
found in Section 9:35 of the Subdivision Regulations and as shown on the PUD map and
Preliminary Plan.
3. The road right-of-ways shall be no less than 50 feet in Width throughout the subdivision
with on-street parking prohibited. The Applicant shall prepare covenants that contain strong
language to enforce such a prohibition which also includes an aggressive signage program.
Covenants attached please see Section 15.4. (Exhibit A)
4. In addition to other required conditions of approval, the Applicant shall include the
following plat notes on the Final Plat:
a) Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural character
and a healthy ranching sector. All must be prepared to encounter noises, odor,
lights, mud, dust, smoke chemicals, machinery on public roads, livestock on
public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides, and
pesticides, any one or more of which may naturally occur as a part of a legal
and non-negligent agricultural operations.
b) All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under control,
using property in accordance with zoning, and other aspects of using and
maintaining property. Residents and landowners are encouraged to learn
about these rights and responsibilities and act as good neighbors and citizens
of the County. A good introductory source for such information is "A Guide
to Rural Living & Small Scale Agriculture" put out by the Colorado State
University Extension Office in Garfield County.
c) All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
property boundaries.
d) Individual site specific geotechnical investigations and foundation design
prepared by an engineer licensed to practice in the State of Colorado shall be
submitted with the building permit application for all development on the
Rapids on the Colorado Planned Unit Development
e) One (1) dog shall be allowed for each residential unit within a subdivision;
and the dog shall be required to be confined within the owner's property
boundaries. The requirement shall be included in the protective covenants for
the subdivision, with enforcement provisions allowing for the removal of a
dog from the subdivision as a final remedy in worst cases.
t) No open hearth, solid-fuel fireplaces are allowed anywhere within a
subdivision. One (1) new solid-fuel burning stove, as defined by C.R.S. 25-7-
401,et.seq., and the regulations promulgated thereunder, shall be allowed in
any dwelling unit. All dwelling units shall be allowed an unrestricted number
of natural gas burning stoves and appliances.
g) No further subdivision of a recorded subdivision shall be allowed, except where it
is provided for in an approved Preliminary Plan or when the zoning of the
property allows for multi-family dwellings as a use by right and the application is
for a multi-family dwelling.
h) All streets are dedicated to the public but all streets will be constructed to
standards consistent with these Regulations and repair and maintenance shall be
the responsibility of the incorporated Homeowners Association of the subdivision.
Contained on Plat.
5. The Applicant shall include a plat note and language in the protective covenants that restrict
the six nearest lots to the property owned by Ken Collins to no higher than 25 feet as measured
by the County Zoning Resolution of 1978, as amended.
Covenants attached please see Section 5.7.
6. The Applicant shall submit an application for a Floodplain Permit prior to the BOCC hearing.
Additionally, the Applicant shall depict the 100-year flood way and the I 00-year flood fringe
following items on the Final Plat.
Application has been submitted. (Exhibit B)
7. The Applicant shall provide a graphic representation (map) of the three zone districts proposed
which include the Utility, Open Space and Cluster-Single Family Residential Zone District prior
to the hearing before the BOCC.
A map was included in the P&Z submittal.
8. The Applicant shall construct all the public improvements which include sidewalks, etc. and
which shall be included in the SIA.
9. No Final Plat shall be approved until the Site Application for the wastewater treatment facility
has been approved by the Colorado Department of Public Health and Environment (CDPHE) and
a letter of that approval has been submitted to the County as part of the Final Plat submittal.
10. Perimeter fencing shall be discouraged around the boundaries of the entire development so
that large game can access the river for water. Should fencing be desired, it shall be constructed
according to standards approved by the Division of Wildlife. The Applicant shall provide said
wildlife friendly fencing designs within the protective covenants. Due to the limited amount of
mature I dead vegetation in the Colorado riparian corridor along the northern property boundary,
it shall be left untouched so that it can continue to serve as important raptor perch habitat for
hunting in the river.
Covenants attached please see Section 11.
11. The property is located in the RE-2 School District which requires $200 per unit be paid as a
cash-in-lieu of School I Land Dedication Fee. In this case, it appears that if the existing 33 lots
already paid this fee, the Applicant is only responsible for paying the fee for 71 units or $14,200
at the time of final plat. This obligation shall be memorialized in the SIA.
12.The Applicant shall be required to pay a road impact fee for 71 of the 104 lots because fees
have already been paid for the existing 33 lots. Those fees would approximately be $226 per
ADT. In this case, that is roughly $164,471.50. Those monies are then required to be spent in
accordance with the terms of the County's Capital Improvements Plan. This obligation shall be
memorialized in the SIA.
Applicant proposes the following alternative language:
Applicant shall be required to pay road impact fees in the amount of$14,400.00 based on
the calculation methodology contained in Resolution 97-04 and 97-111 and detailed on the
spreadsheet entitled Road Impact Fee Computation provided by the Applicant.
Justification for alternative language:
Garfield County Board of County Commissioners Resolution 97-04 and Resolution 97-
111 provide that subdivisions shall pay a road impact fee based on specific provisions contained
within the resolutions. A formula for determining the amount of road impact fee is provided in
Resolution 97-04. Resolution 97-111 adopted the Road and Bridge part of the Capital
Improvements Plan and also divided the County into districts for the purpose of establishing cost
of road improvements for an area and to establish a road impact fee for an area. In 1997, the
Applicant expended $118,206 on road improvements to CR 335. Recognition was incorporated
as a Plat Note into the Final Plat of The Rapids on the Colorado subdivision.
Resolution 97-104 provides the Board may determine that certain portions of the road
improvements to a road are critical to complete and that the developer may be allowed to
complete the work.
The Town of New Castle, the Applicants and the owners of Apple Tree support utilizing the fees
to make critical improvements to CR 335 based on engineering recommendations to the Board.
Please see the attached Exhibit C materials regarding the calculation of the Traffic Impact Fees.
13. The Applicant shall restrict surface use activities related to oil and gas drilling operations to
the portion of the property that is located south of County Road 335. There shall be no surface
disturbance from these activities on the portion of the property north of CR 335.
Proposed surface use restriction attached. (Exhibit D)
14. Prior to or as part of the approval for Final Plat, the Applicant shall obtain approval from the
Board of County Commissioners to properly vacate the existing plat for the Rapids Subdivision.
15. Proposed Dimensional Requirements: The basic modifications from the ARRD and AI
zoning and subdivision regulations shall be allowed as part of the proposed PUD included the
following matrix:
ear Yard Setback
ide Yard Setback
ront Yard Setback
16. The Applicant shall specify 6 lots, at the time of Final Plat, for houses that shall be
constructed to have a maximum of two-bedrooms, two baths, and two car garages.
17. The Applicant shall present an acceptable method to the Board of County Commissioners
that preserves the use of the internal trails, small parking area containing 16 spaces, and
fisherman's easement for public use.
The Applicant believes that the appropriate body to hold the trail and fISherman
easements is Garfield County. The HOA will maintain the trail, parking lot and fisherman
easement and name Garfield County as an additional insured. As a result Garfield County
is fully protected and retains the right to enforce the easement on behalf of the public.
18. The berm shall be redesigned and extended as recommended in the letter from the Colorado
Geologic Survey (Exhibit CC).
Revised drainage plan attached showing berm extension. (Exhibit E)
19. Prior to the hearing before the Board of County Commissioners, the Applicant shall submit
the following to the County Staff for review and comment:
a. Provide a noxious weed inventory and map;
b. Implement a weed management plan based on the inventory;
c. Inventory and treat the Russian olive and tamarisk as soon as possible;
d. Provide more details in the covenants regarding responsibility of weeds and
mosquitos;
----~----------------------------------------
e. Complete a revegetation plan as stated above, with a plant materials list and with
an estimate of disturbed areas, a security for revegetation will be established once
this information is supplied;
f. Provide a soil management plan as stated above; and
g. Address a plan of action should Kochia and Russian thistle becomes a problem.
Weed management plan attached. (Exhibit F)
20. The Applicant shall prepare a budget that provides the expected operational expenses and
revenues of the HOA to be submitted to the BOCC.
Proposed budget attached. (Exhibit G)
·21. The Applicant shall prepare a henning I landscaping plan effectively screens the waste water
treatment plant from the neighbors to the west. This shall be prepared prior to the hearing with
theBOCC.
Proposed berm plan and alternative proposed landscape plan attached. (Exhibit H)
Based on the completion of the above conditions we have attached a list of proposed
conditions of approval for the BOCC. We have broken them out into conditions of the PUD and
conditions of the Preliminary Plan.
We believe that the above submittals fully comply with the requirements of the Planning
Commission prior to moving ahead to the BOCC for consideration of the PUD Zoning and
Preliminary Plan.
Should you have any questions, please do not hesitate to contact me.
KJH:jac
cc: Gene Hilton
Chris Hale
Very truly yours,
LEAVENWORTH & KARP, P.C.
EXHIBIT A
AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS
THE RAPIDS ON THE COLORADO SUBDIVISION
LOCATED IN GARFIELD COUNTY, COLORADO
THE PROTECTIVE COVENANTS FOR THE RAPIDS ON THE COLORADO
SUBDIVISION ARE RECORDED AS RECEPTION NO. 513356 IN BOOK 1032 AT PAGE
963 IN THE RECORDS OF THE CLERK AND RECORDER GARFIELD COUNTY,
COLORADO
This Amendment to the Declaration of Protective Covenants for The Rapids on the Colorado
Subdivision located in Garfield County, Colorado (the "Covenants"), made this __ day of
______ , 200 _, by Rapids Development Corporation and Rapids on the Colorado
Homeowners Association, (hereinafter "Declarant"), owners in fee simple of certain real estate
located in Garfield County, Colorado, known as The Rapids on the Colorado Subdivision, and as
shown on the Amended Plat recorded in the Office of the Clerk and Recorder of Garfield County,
Colorado as Reception No. 639203, hereinafter the "Subdivision" or the "Property", amends the
Covenants as recorded in the Office of the Clerk and Recorder of Garfield County, Colorado as
Reception No. 513356 in Book 1032 at Page 963, in the following particulars:
Amendment
This Amendment incorporates changes into the Declaration of Protective Covenants of The
Rapids on the Colorado Subdivision that are necessary for compliance with the Zone District
Amendment -Planned Unit Development zoning and the Plat that resubdivides the 33 Lot property
into 104 residential lots and one wastewater treatment facility site. In addition, changes have been
incorporated that address issues noted by The Town of New Castle, Colorado, Garfield County
Planning Commission and residents of Garfield County. In all other aspects, the Covenants are
hereby ratified and confirmed.
KNOW ALL MEN BY THESE PRESENTS thatthe RAPIDS DEVELOPMENT CORPORATION,
and the RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION being the owners of
The Rapids on the Colorado Planned Unit Development located in Garfield County, Colorado, and
being desirous of protecting property values and the health, convenience, welfare, and use of the
owners of lots therein, does hereby declare and adopt the following Restrictions, Covenants, and
Conditions, each and all of which shall be applicable to and run with the lots and common open
space in The Rapids on the Colorado Planned Unit Development as the same appear upon plat
thereof filed for record on __ day of , 200_, as Document No.
______ , Recorded in Book at Page __ in the office of the Garfield County
Clerk and Recorder, said Restrictions, Covenants and Conditions being as follows:
1 Definitions. As used in these Protective Covenants, the following words, terms, and letter
designations shall have the following meanings:
1.1 "ACC" shall mean the Architectural Control Committee forthe Subdivision and shall
consist of the three (3) members designated by the Declarant to perform the duties
of the ACC. Subsequent to the sale by Declarant of all lots that are within the
Subdivision, or such earlier time as is determined by Declarant, the ACC shall
consist of the members of three (3) members of the Board or such other three (3)
persons as may be designated by the Board.
1.2 "Act" shall mean the Colorado Common Interest Ownership Act, Colo. Rev. Stat. §§
38-333-101-319 (West Supp. 1996). All other terms as used herein shall be defined
consistent with the meanings defined under the Act.
1.3 "Assodation" shall mean The Rapids on the Colorado Homeowners Association, a
Colorado nonprofit corporation.
1.4 "Board" shall mean the board of directors of the Association.
1.5 "Common Elements" shall mean any real estate within the planned community
owned or leased by the Association, other than a unit or the wastewater treatment
facility. The initial Common Elements shall be those areas designated on the Plat as
"Common Open Space" and "Utility" sites.
1.6 "Declarant" shall mean the Rapids Development Corporation and the Rapids on the
Colorado Homeowners Association, its successor and assigns.
1. 7 "Lot" shall mean a lot in the Subdivision.
1.8 "Owner" shall mean the owner of a Lot in the Subdivision.
1.9 "Plat" shall mean the Final Plat of the Subdivision filed for public record in the
Office of the Clerk and Recorder of Garfield County, Colorado as Reception No.
513353 and as amended and recorded as Reception No. 639203.
1.10 "Property" shall mean the real estate encompassing the Subdivision, more particularly
described in Exhibit A attached hereto and by this reference incorporated herein.
1.11 "Residence", "Unit" or "Dwelling" shall mean a single-family structure on a Lot
within the Subdivision.
1.12 "Residential Purpose" shall mean the use of a residence as a home and principal
Amended Declaration of Covenants
Page 2 of27
dwelling place by the owner thereof. Rental of said unit shall be permissible only if
rented to a single family.
1.13 "Single Family" shall mean one or more persons related by blood, adoption,
marriage, or as otherwise provided by Statute, living as a single housekeeping unit,
exclusive of household-servants or a number of persons not exceeding three (3),
living as a single housekeeping unit though, not related by blood, adoption, or
marriage shall be deemed to constitute a family.
1.14 "Subdivision" shall mean The Rapids on the Colorado Subdivision, a planned
community located in Garfield County, Colorado set forth and more particularly
described on the Amended Plat and which contains no more than one hundred and
four single-family residential lots and one wastewater treatment facility lot.
2 The Rapids on the Colorado Homeowners Association.
2.1 Each Owner shall automatically become a member of the Association.
2.2 The purposes and powers of the Association are as set forth in its Articles of
Incorporation, Bylaws and the Act and include, but are not necessarily limited to, the
management, control and maintenance of:
2.2.1 The domestic water distribution system;
2.2.2 The non-potable water distribution system;
2.2.3 The wastewater treatment facility; and
2.2.4 All Common Elements.
2.3 The Association may assign its future income, including its rights to receive common
expense assessments, upon an affirmative vote of a majority of Lot Owners at a
meeting called for such purpose.
2.4 During the period of Declarant control, as described in paragraph 35 infra, the
Declarant shall have the right, pursuant to Section 38-33.3-303(5) of the Act, to
appoint and remove officers and members of the Board of Directors of the
Association. In the event the Declarant surrenders such right, it may require, by
separate recorded instrument, that certain Association actions shall nonetheless
require Declarant approval to become effective.
Amended Declaration of Covenants
Page 3 of28
2.5 The Association shall have one (1) class of membership. Each Lot Owner, as a
member of the Association, shall be entitled to cast one (1) vote for each lot owned
by such Owner, on all matters coming before the Association for a vote. In the event
there are multiple Owners of a Lot, the following provisions shall govern:
2.5.1 If only one of the multiple Owners of a Lot is present at a meeting of the
Association, such Owner is entitled to cast all the votes allocated to that unit.
2.5.2 If more than one of the multiple Owners is present, the votes allocated to that
Lot may be cast only in accordance with the agreement of a majority in
interest of the Owners. If a majority agreement on the matter before the
Association is not reached by the multiple Owners, said Owners shall be
deemed to have abstained from voting on said matter.
2.5.3 A majority agreement of owners shall be deemed to exist if any one of the
multiple owners casts the vote allocated to that Lot without protest being
made promptly to the person presiding over the meeting by any of the other
owners of the unit.
3 Single-Family Residential Use Only. Except as provided in Paragraph 4 below, all
Residences shall be occupied and/or otherwise used for single-family residential purposes only.
4 Home Office. A home office may be maintained within each residence. The maintenance
of said home office shall be subject to the following limitations and restrictions:
4.1 Persons not residing within the residence shall not be allowed to occupy and/or
otherwise utilize the home office.
4.2 All activities conducted within the home office shall not be perceptible from outside
the residence nor shall the same be advertised by bill board, sign or other method
perceptible within the Subdivision
4.3 No activity conducted within the home office shall cause or otherwise result in
increase in vehicular traffic or travel that can be accommodated with parking on the
Lot driveway and/or in the garage:
4.4 The maintenance of a home office shall comply with all requirements governing
conditional uses set forth in the Garfield County Zoning Regulations at 5.03 and
5.03.10 as they exist at the time of the recording of the subdivision plat.
5 Limitations on Structures -Single-Family Residential Use Only. All Lots within the
Amended Declaration of Covenants
Page4 of28
subdivision shall be subject to the following restrictions.
5.1 No more than one (1) detached single-family dwelling and one (1) attached or
detached garage for not more than four (4) automobiles shall be erected upon any
Lot.
5 .2 No building or structure intended for or adapted to business, commercial or
manufacturing purposes, nor any multiple-family dwellings, shall be erected, placed,
maintained or permitted upon any Lot except as provided in the Utility Zone District
of the Planned Unit Development Amendment for the Subdivision. ·The recorded
Plat and the Utility District established in the Zone District Amendment -Planned
Unit Development establish a site for a wastewater treatment facility, additional
water well sites and facilities for a non-potable water system.
5.3 All structures shall be sited on each Lot by the ACC. Lot Line Setbacks for Lots 1
through 33 and Lots 84 through 86 are: Front: Fifty (50) feet, Side: Five (5) feet and
Rear Ten (10) feet. Lot Line Setbacks for Lots 34 through 83 and Lots 87 through
107 are: Front: Twenty-Five (25) feet, Side: Five ( 5) feet and Rear Ten (10) feet. Any
buildings or fences constructed on Lots 1 through 104 must be constructed within the
building envelopes shown on the Final Plat.
5.4 Drainage. No structure shall be placed or located on any Lot in such a manner that
will obstruct, impede, divert or otherwise alter the natural water drainage courses and
patterns along Lot lines, including drainage of precipitation or irrigation water.
Likewise, no landscaping, driveways or changes to the existing terrain shall be made
which shall obstruct, divert or otherwise alter such drainage along front, side or rear
lot lines.
5.5 The minimum size of each primary residential structure erected shall be not less than
fifteen hundred ( 1500) square feet of finished living space on the first level, exclusive
of basements, open porches, garages and carports.
5.6 Except as further limited by§ 5.7, no structure shall be permitted on any Lot that
exceeds thirty-two (32) feet in height as measured by the Garfield County Zoning
Resolution of 1978, as amended.
5.7 No structure shall be permitted on Lots 42 -47 that exceeds twenty-five (25) feet in
height as measured by the Garfield County Zoning Resolution of 1978, as amended.
5.8 Lots _ -__ shall be restricted to two-bedroom, two-bath with a two (2) car
garage.
Amended Declaration of Covenants
Page 5 of28 _
5.9 No building shall be erected by means of other than new construction, it being the
purpose of this covenant to ensure that old buildings will not be moved from
previous locations and placed upon the Lot.
5 .10 All structures shall be constructed of brick, stone, stucco, lumber, or other materials
as may be approved by the architectural committee from time to time. All roofs shall
be finished with approved fire-:resistant roofing materials.
5.11 All driveways and parking areas shall have paved surfaces. Concrete sidewalks will
be installed as house are built on Lots 1 through 104 by the Lot owner, at Lot owner's
expense. Existing houses on four Lots shall construct sidewalks within 160 days
of the recording of the Final Plat.
5 .12 No structure shall be placed or erected upon any Lot which is, ever has been, or could
be made the subject of a specific ownership tax as now defined in Title 42 of the
Colorado Revised Statutes, nor shall structures constructed in the fashion and manner
as mobile homes or manufactured housing be allowed.
5 .13 Each structure shall be completed within one (1) year from the date of issuance of a
building permit by Garfield County for such structure.
5.14 Open hearth, solid fuel fireplaces shall not l:>e allowed within the subdivision. One
(1) new, solid-fuel stove as defmed in Colo. Rev. Stat. § 25-7-401 et. seq. (1995
West Supp.) and the regulations promulgated thereunder shall be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of natural
gas burning stoves and appliances.
5.15 All structures located within the flood fringe of the Colorado River and/or Garfield
Creek shall be constructed in conformance with the conditions of approval of the
Floodplain Special Use Permit conditionally approved by the Board of County
Commissioners, Garfield County, Colorado, on October 7, 1996 or as the Floodplain
Special Use Permit may be revised to reflect Lot Numbers and building envelopes
as shown on the Final Plat for this Subdivision.
6 Resubdivision Prohibited. Without restricting the rights of the Declarant in paragraph 3 3 .5
concerning resubdivision, the resubdivision of a Lot by an individual Lot Owner other than the
Declarant is prohibited. A boundary line adjustment that does not result in the creation of an
additional Lot shall not, for the purpose of this paragraph, constitute a resubdivision of the lot.
7 Utility Lines. All gas lines, water lines, light and power lines, telephone lines, television and
communications cable shall be buried underground and out of sight from their primary source at the
Amended Declaration of Covenants
Page 6 of28
Lot line to the dwelling.
8 Sewage Disposal. The Subdivision shall be served by a wastewater treatment facility
maintained by the Association. Existing houses within the subdivision, presently served by approved
Individual Sewage Disposal Systems, will be connected to the central sewage disposal system within
· 90 days of the time the central wastewater treatment facility is put on line.
9 No Temporary Structures. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or any other outbuildings of any description shall be used on any Lot, except on
a temporary basis not exceeding five (5) months by the construction contractor constructing a
dwelling on a Lot. Compliance with the Garfield County Regulations is required with respect to such
temporary structure permitted under this paragraph.
10 No Commercial Use. There shall not be permitted or maintained upon any Lot or any part
thereof any trade, business or industry, except that Owners may, pursuant to the limitations and
restrictions contained in Paragraph 4 supra, maintain a home office and/or rent or lease their dwelling
for residential purposes when not required for the Owners' use. Renting or leasing of a dwelling may
only be done for the entire dwelling .. No apartments or other divisible use of the dwelling shall be
allowed, and any such use shall be deemed a commercial use and subject to immediate injunction
by the Association or other Owners.
11 Fences and Hedges. Drainage Easements along Side Lot lines are required to remain free
of landscaping and construction to protect property. No fencing, shrubs, trees or hedges shall be
planted, constructed or located within ten (10) feet of any Side Lot Line with the exception of
"invisible fencing" for dog control. Fencing, as approved by the Association, shall be allowed along
building envelopes to the rear of each residence. Fences shall be constructed using wildlife friendly
techniques. Owners shall contact the Colorado Division of Wildlife to obtain the most recent
standards for wildlife friendly fencing and construct any approved fencing in conformance with such
standards. The HOA shall use the same standards for any fencing on HOA controlled property.
12 Water Rights. The Association shall own an undivided 19. 7% ownership interest in and to
the following water and water rights: The water rights are decreed for use in subdivision of the
property and for storage in a pond on the property in Case W-3262 -FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND DECREE APPROVING PLAN OF AUGMENTATION
INCLUDING EXCHANGE, AND ALTERNATE POINT OF DIVERSION.
12.1 Priority No. 3 Structure-Moore Ditch; Source -Garfield Creek; Adjudication Date
-6/15/1882,Amount -Cubic Feet Per Second-0.200; Reference Court Decree 89,
Water Division 5.
12.2 Priority No. 14, Structure-Moore Ditch; Source -Garfield Creek; Adjudication
Amended Declaration of Covenants
Page 7 of28
Date -6/01/1883; Amount-Cubic Feet Per Second-1.287; Reference Court Decree
1405, Water Division 5.
12.3 West Divide Water Conservancy District Contract. The Association is responsible
for maintaining West Divide Contract No. 971201RDC(a), as amended, and making
.all required payments thereby.
12.4 Maintenance. The Association shall maintain all necessary water structures on the
Common Elements as are necessary of either domestic or non-potable water.
12.5 Water Diversions and Depletions -Based upon provisions contained in Decree
W-3262, Potable Water diversions for 104 Equivalent Residential Units from wells
located on the property are estimated to be 40.776 Acre Feet (3.5 persons per unit X
104 Units X 365 days per year I 325,829 gallons per acre foot). Depletions utilizing,
a Central Wastewater System, are 3% of diversions, as provided in Decree W-3262
(1.240 Consumptive Use Acre Feet).
13 Animals.
13.1 Except as expressly limited herein, domestic animals shall be permitted subject to
any rules and regulations that may be promulgated by the Association.
13 .2 Lot Owners shall be entitled to keep dogs on their property pursuant to the following
restrictions and limitations:
13.2.1 Garfield County regulations currently provide that (in a new subdivision) no
more than one dog may be kept on a Lot at any one time. Puppies under the
age of (3) months shall not constitute a dog as used herein.
13.2.2 Dogs shall be kept under the control of their Owners at all times and shall not
be permitted to run free or to cause a nuisance in the Subdivision. No dogs
shall be allowed beyond the boundaries of the Lot owned by the person(s)
where the dog is housed, unless leashed and accompanied by a person in full
control of such dog.
13.2.3 Dogs shall not be allowed to bark continuously, which shall be defined as
barking for a continuous fifteen (15) minute period.
13.2.4 When not accompanied by a person as provided in 13.2.2, above, all dogs
shall be leashed, chained, "electric fenced," or kenneled. The location of the
kennel shall be at the rear of the house and size and specific location of the
Amended Declaration of Covenants
Page 8 of28
kennel shall be subject to ACC approval.
13.2.5 The Association shall, pursuant to the procedures set forth in paragraph 20,
infra, assess and enforce penalties against Owners violating the restrictions
applying to dogs as follows: One Hundred Dollars ($100.00) for the first
violation committed by an Owner's dog; Two Hundred Dollars ($200.00) for
the second violation; Three Hundred Dollars ($3 00 .00) for the third violation;
and for each succeeding violation the fine increases in One Hundred Dollar
($100.00) increments. The dollar amounts of the fines may be changed by
approval of the Association's Board of Directors. Should any dog chase or
molest deer, elk or any domestic animals or persons, or destroy or disturb
property of another, the Association shall be authorized to prohibit the
property Owner or resident from continuing to maintain the offending animal
ort his property and may dispose of that animal, if necessary, to protect
wildlife or other Owners, persons or property. The offending dog owner shall
be provided written notice of such action at least two (2) days before disposal
occurs. Within such two (2) day period, the offending dog shall be kenneled
at a licensed kennel. All charges associated with action taken by the
Association may be assessed against either the Lot Owner and/or the dog
owner, or both, at the Association's sole option.
13.3 No farm or ranch animals shall be allowed within the Subdivision nor shall any
commercial animal breeding, kennels, stables or veterinary activities of any kind be
allowed within any residence or upon any Lot within the Subdivision.
13.4 Notwithstanding anything to the contrary, no animal may be kept within a Lot or
residence, which, in the good-faith judgment of the Association's Board ofDirectors,
results in any annoyance or is obnoxious or dangerous to residents in the vicinity or
to Lot Owners within the Subdivision.
14 Maintenance of Property.
14.1 The Owner of each Lot shall keep the same clear and free of rubbish and trash and
shall keep the structures thereon in good repair, doing such maintenance as may be
required for this purpose.
14.2 No noxious or offensive conduct or activity shall be carried on upon any Lot. Or in
any structure thereon which may constitute a health hazard, nuisance or annoyance
to the neighborhood:
14.3 Recreational vehicles, trailers, garbage cans, service yards, woodpiles or equipment
Amended Declaration of Covenants
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shall be stored within the garage of the Lot owner.
14.4 The outside burning of any trash, rubbish, or other materials shall be absolutely
prohibited. Standard and approved outdoor barbecues and fireplaces shall be allowed
for the preparation of foodstuffs only, subject to periodic Garfield County restrictions
prohibiting outdoor fires.
14.5 All Lots within the Subdivision shall be subject to inclusion in any county
improvement districts established in the New Castle/Silt vicinity and/or a
metropolitan sanitation district. Inclusion shall be according to the regulations of
such district and applicable statutes, if and when created.
14.6 The Owner or Owners of each Lot in the Subdivision shall use their best efforts to
control the mosquito population within the Subdivision, which shall include, without
limitation, the prevention of standing pools of stagnant water on the Lot.
14.7 The Association shall use its best efforts control the mosquito population within the
Subdivision, which shall include, without limitation, the prevention of standing pools
of stagnant water on the Common Areas. The Association may use whatever means
of biological or chemical control for mosquitos as may be recommend, from time to
time, by Garfield County.
14.8 The Owner or Owners of each Lot in the Subdivision shall use their best efforts to
control noxious weeds as specified in the Weed Management Program of Garfield
County, Colorado and those specified by the Colorado Department of Agriculture,
including, without limitation, the use of herbicides to kill such weeds.
14.9 The Association shall use its best efforts to control noxious weeds on all common
areas in accordance with the Weed Management Plan approved by Garfield County.
14.10 The Association shall not remove from the riparian areas along the Colorado River
dead or dying vegetation which is, or could be used, for raptor habitat unless required
for the safety reasons.
15 Vehicles/Parking.
15.1 All motor vehicles visible from streets within the Subdivision, must be currently
licensed and operational.
15 .2 No business vehicles shall be permitted which do not completely enclose within the
vehicle all machinery, equipment and other evidence of the trade, craft or business
Amended Declaration of Covenants
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other than the signs affixed to the vehicles advertising the same. No construction
vehicles shall be parked on any Lot or street except during construction activity.
Commercial vehicles owned by residents may be parked within the garage of the Lot
owner.
15 .3 Irrespective of restrictions in this paragraph, the parking of a motor vehicle by a unit
owner on a street, driveway, or guest parking area in the common interest community
may not be prohibited if the vehicle is required to be available at designated periods
at the unit owner's residence as a condition of the unit owner's employment and all
of the following criteria are met:
a. The vehicle has a gross vehicle weight rating of ten thousand pounds or less;
b. The unit owner is a bona fide member of a volunteer fire department or is
employed by an emergency service provider, as defined in section CRS
29-11-101(1.6);
c. The vehicle bears an official emblem or other visible designation of the
emergency service provider; and
d. Parking of the vehicle can be accomplished without obstructing emergency
access or interfering with the reasonable needs of other unit owners to use
streets and driveways within the common interest community.
15.4 No on-street parking of vehicles shall be permitted in the subdivision.
15.4.1 Fines. The Association may impose fines for violations of the on-street
parking restrictions contained in this section. Minimum fines for each
offense shall be $25.00 unless the Association sets a higher minimum fine.
15.4.2 Removal. The Association may, in addition to the above, upon the third
violation of this section, elect to have the offending vehicle towed and
impounded. The costs of such action by the vehicle's owner.
15 .5 Parking. The buildings and improvements on the Lots shall be constructed so as to
provide sufficient off-street parking to accommodate not less than two (2) vehicles
per dwelling unit. All driveways shall be constructed of concrete or other suitable
surface as approved by the ACC.
16 Collection of Assessments and Enforcement.
16.1 Assessments. All Lot Owners shall be obligated to pay any assessments lawfully
imposed by the Board of Directors of the Association. To the extent the Association
Amended Declaration of Covenants
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is responsible therefor, assessments shall be based upon the budget adopted pursuant
to Paragraph 17 herein and may be lawfully imposed for any items of common
expense which may include, among other things, the provision of water to the Lots,
which shall be metered; expenses and costs of maintaining, repairing and plowing of
roads within and accessing the Subdivision; expenses for maintaining, improving and
preserving the Association's common property; expenses of the ACC; and insurance,
accounting and legal functions of the Association. The Board of Directors may
establish contingency and reserve funds for the maintenance and improvement of the
Association's common property and any other anticipated costs and expenses of the
Association to be incurred in pursuit of its purposes. Contingency and reserve funds
shall be in such an amount as the Board of Directors may deem necessary and
appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro
rata portion of these funds. As used herein, an Owner's pro rata portion of common
expenses shall mean a fraction formed by the number of Lots purchased and held by
the Lot Owner (numerator) and the number of Lots in the Subdivision (denominator).
The Board of Directors shall have the right during any calendar year to levy and
assess against all of the Owners special assessments for such purpose or purposes,
in accordance with this Declaration, the Articles or Bylaws of the Association, as
may be necessary. Any such special assessment shall be paid by the Owners obligated
to pay such assessment and shall be due and payable as determined by the Board of
Directors.
16.2 Addition of Units. In the event units are added to the Subdivision pursuant to
section 33.2 infra, the denominator of the fraction above referenced shall be
increased in accordance with the number of units added to the Subdivision.
16.3 Withdrawal of Units. In the event units are withdrawn from the subdivision
pursuant to section 33.4 infra, converted to open space pursuant to section 33 .5 infra,
or acquired through eminent domain, the denominator of the fraction above
referenced shall be decreased in accordance with the number of units withdrawn,
converted or acquired.
16.4 Lien for Nonpayment of Assessments. All sums assessed by the Association,
including without limitation, the share of common expense assessments chargeable
to any Lot Owner, any fines, charges, late charges, penalties, attorney fees, and
interest which may be levied-on a Lot Owner, and unpaid utility fees and assessments
charged to a Lot Owner, shall be the personal obligation of the Lot Owner at the time
such assessment or charge becomes due. Said personal obligation may not be passed
to a successor in title, unless the obligation is expressly assumed by the successor.
All sums shall also constitute a continuing lien against such Lot superior (prior) to
all other liens and encumbrances, excepting only:
Amended Declaration of Covenants
Page 12 of28
16.5 Liens for real estate taxes and other assessments against the Lots in favor of any
governmental assessing unit.
16.6 All sums unpaid on a first mortgage, deed of trust or other encumbrance of record;
including any unpaid obligatory sums as may be provided by encumbrance, except
the lien shall have limited priority over such first mortgage, deed of trust or other
encumbrance as provided by the Act.
16.7 Liens and encumbrances recorded before the recordation of the Declaration, except
as otherwise provided herein or by the Act. If an assessment is payable in
installments, each installment shall also constitute a continuing lien from the date it
becomes due.
16.8 Waiver of Homestead Exemption. Each Owner hereby agrees that the Association's
lien on a Lot for assessments as herein above described shall be superior to the
Homestead Exemption provided by C.R.S. § 38-41-201, et. seq., and each Owner
hereby agrees that the acceptance of the deed or other instrument of conveyance in
regard to any Lot within the Subdivision shall signify such grantee's waiver of the
homestead right granted in said article of the Colorado statutes.
16.9 Penalties: Notice ofLien. If any assessment shall remain unpaid after thirty (30) days
after the due date thereof such unpaid sums shall bear interest from and after the due
date thereof at the rate established by the Board, not to exceed twenty one percent
(21 % ) per annum. The Board may impose a late charge on such defaulting Owner as
may be established by the Board. In addition, the Board shall be entitled to collect
reasonable attorneys' fees incurred in connection with any demands for payment
and/or collection of delinquent assessments; the initiation or filing by the Board, of
a civil action shall not be a condition for the recovery of attorney fees pursuant to this
provision. To evidence such lien, the Board shall prepare a written notice setting
forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and
its legal description. Such a notice shall be signed by one (1) member of the Board
and may be recorded in the Office of the Clerk and Recorder of the County of
Garfield, Colorado.
16.10 Foreclosure: Release of Lien. Such lien may be enforced by foreclosure of the
defaulting Owner's Lot by the Association in like manner as a mortgage on real
property, upon the recording of a notice of claim thereof. In any such foreclosure, the
Owner shall be required to pay the costs and expenses of such proceedings, the costs
and expenses for filing the notice or claim of lien and all reasonable attorneys' fees.
The Owner shall also be required to pay to the Association any additional
assessments against the Lot during the period of foreclosure, and the Association
Amended Declaration of Covenants
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shall be entitled to the appointment of a receiver to collect the same. The Board of
Directors, for the Association, shall have the power to bid on the Lot at foreclosure
sale and acquire and hold, lease, mortgage and convey the same. The Association, at
its election, and in addition to any other remedies it may have at law or in equity, may
also sue an Owner personally to collect any monies owed the Association. Any
recorded lien for nonpayment of the common expenses may be released by recording
a release of lien executed by a member of the Board of Directors.
17 Signs. No sign of any kind shall be displayed to the public view from any Lot without the
approval of the ARC, except: (a) such signs as may be used by Declarant in connection with the
development and sale of Lots in the Subdivision; (b) such signs as may be required by legal
proceedings, ( c) American flags, service flags, or political signs as provided for in CRS
38-33.3-106.5; (d) such signs as may be required for traffic control, or, (e) one "for sale" sign on a
Lot which shall not exceed two feet by three feet.
18 Adoption of Budget. Within thirty days after adoption of any proposed budget for the
Association the Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the
budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the
budget not less than fourteen nor more than sixty days after mailing or other delivery of the
summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified,
whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic
budget last ratified by the Owners must be continued until such time as the Owners ratitify a
subsequent budget proposed by the Board.
19 Enforcement of Covenants and Restrictions.
19.1 Right of Action. The Association, acting by and through its Board of Directors, shall
have the right to prosecute any action to enforce the provisions of all of these
Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the
lands within the Subdivision. In addition, each Owner ofland within the Subdivision,
including the Association, shall have the right to prosecute any action for injunctive
relief and for damages by reason of any violation of these Covenants. The prevailing
party in any enforcement action shall be entitled to an award of its reasonable costs
and attorneys' fees the Act or the bylaws, rules and regulations of the Association and
the Owner's for each claim asserted in said action. Upon providing thirty (30) days'
written notice and the opportunity to be heard thereon to any Owner of a violation of
these Covenants, allure to eliminate or cure said violation, the Association, in
addition to the other remedies set forth herein, may levy a penalty of Fifty Dollars
($50.00) per day for every day the violation exists or continues after the expiration
of said thirty (30) day period.
Amended Declaration of Covenants
Page 14 of28
19 .2 Limitations on Action. In the event any construction, or alteration or landscaping is
commenced upon any part of the lands in the subdivision in violation of these
Covenants, and no action is commenced within one ( 1) year thereafter to restrain
such violation, then injunctive or equitable relief shall be denied, but an action for
damages shall still be available to any party aggrieved. This one (1) year limitation
shall not apply to injunctive or equitable relief against other violations of these
Covenants.
20 Easements and Open Space.
20.1 Easements Shown on Final Platt The Association is entitled to use such easements
as are reflected on the Final Plat for the Subdivision, addendums thereto and that are
conveyed to it by deed. Except by agreement with an Owner, the Association shall
have no obligation to pay any amount for the use and enjoyment of such easements.
The Association shall pay for the cost of maintaining and repairing any
improvements that it places on any easements.
20.2 Well Easements. The Association owns an undivided interest in certain Moore Ditch
Priority No. 3 and 14waterrights specified in Case No. W-3262 in the District Court
in and for Water Division No 5 and Paragraph 12 of these Covenants. The
Association has been granted, in conjunction with its use of these water rights,
easements for the construction, operation, maintenance, repair and replacement of
wells, water lines, water storage tanks and other facilities as said easements are
depicted and /or set forth within the Final Plat, the Subdivision Improvements
Agreement, and the Deed of Easement conveyed to the Association by the Rapids
Development Corporation, filed for public record in the Office of the Clerk and
Recorder of Garfield County in Book 1308, at Page 564 and Reception No. 592977.
20.3 The easements rights set forth in this paragraph shall be subject to the terms and
conditions contained within the Memorandum of Agreement executed by the
Association and Gene R. Hilton and filed for public record in the Office of the Clerk
and Recorder of Garfield County, Colorado in Book 1308, at Page 554 and Reception
No. 592975.
20.4 Easements far Access and Repairs. The Association shall be entitled to an easement
across each Lot within the Subdivision for the purposes of accessing and protecting
any of the Association's property and for necessary repairs and emergency
circumstances. The Association may access all Lots within the Subdivision at
reasonable times to determine compliance with the conditions of approvals of the
Subdivision granted by the Garfield County Commissioners and to determine and
enforce compliance with all of the provisions of these Covenants.
Amended Declaration of Covenants
Page 15 of28
20.5 Easements. Easements and rights-of-way in perpetuity are hereby reserved for the
erection, construction, maintenance and operation of wires, cables, pipes, conduits,
apparatus for the transmission of electrical current, telephone, television lines, water,
gas and sewer service or for the furnishing of other utilities and irrigation ditches and
laterals, wells and all associated structures, drainage easements and the right to clean
and maintain the drainage slope, together with the right to enter for the purpose of
installing, maintaining, repairing, replacing and improving the same along, across,
upon and through a strip ofland ten (10) feet in width along all interior Side Lot lines
and twenty (20) feet in width along all interior Rear Lot lines of all Lots and twenty
(20) feet in width along all outside boundary lines of the Subdivision.
20.6 Trail Easement. The Association shall maintain and insure for the benefit of its
residents and the public, the Trail Easement and associated parking depicted on the
Final Plat. In order to ensure neighborhood security, safety and welfare, the use of
the Trail by non-residents shall be sunrise to sunset.
21 Roadways. All roadways in the Subdivision shall be dedicated to the public. Such roadways
shall be subject to an easement and right-of-way for ingress and egress for the installation and
maintenance of utilities as provided in paragraph 21.4 above. The costs of maintenance, repair, and
snow removal shall be funded by fees collected as assessments by the Association as provided in the
Bylaws.
22 Domestic Water and Non-Potable Water.
22.1 The domestic water supply shall be from an existing central public water system,
PWSID 0123668, ("Water System"), of which the Association is the owner. The
Association shall be responsible for the operation, maintenance and use of the Water
System for the benefit of the Lot Owners and shall be responsible for the setting of
all rates and/ or charges for the provision through the Water System of domestic water
service thereto. The operation, maintenance and use of the Water System by the
Association shall be subject to the terms and conditions of the Memorandum of
Agreement executed by the Association and Gene R. Hilton, filed for public record
in the Office of the Clerk and Recorder of Garfield County at Book 1308, at Page 554
Reception No. 592975.
22.2 Water provided by the Association through the Public Water System shall be for
domestic in-house use only. Water provided from the Non-Potable Water System
shall be utilized for the irrigation of grass, shrubs, trees or other foliage on each Lot
and on.the Common Open Space, as permitted by the Association and limited herein.
All water use by Lot Owners shall be metered by water meters approved by the
Association and the water use shall be consistent with the terms and conditions of the
Amended Declaration of Covenants
Page 16 of28
augmentation plan decreed in Case No. W3262, of which the Association will have
the power and duty to enforce. Agreements and/or additional Rules and Regulations
concerning the use and operation of the water system may be executed, proposed and
adopted by the Association to insure the efficient use and. operation of such system.
23 Additional Wells. No individual Lot Owner(s) shall be entitled to or allowed to drill a
well(s) on his/her Lot(s). The Association has provided additional well sites for replacement or for
alternative wells for use by the Association or as provided in the Memorandum of Agreement
recorded in Book 1308 at Page 554 of the records of the Clerk and Recorder of Garfield County,
Colorado. The Association herein waives its rights to object to the Declarant placing a well within
four hundred ( 400) feet of the well(s) conveyed to the Association or any replacement, supplemental
or additional well drilled or constructed by the Association.
24 Lighting. All exterior lighting (with possible exceptions for lighting necessary for safety)
shall be directed inward, toward to the interior of the subdivision. It will be recommended by the
ACC that all Lot Owners make every effort possible to limit the use of exterior lighting at night and
the ACC shall encourage Owners to build in such a fashion that minimizes light sources directly
visible from outside of the Owner's property. The intent behind these considerations is to preserve
the rural character of the Subdivision by limiting exterior lighting as much as possible while
maintaining a safe atmosphere.
25 Architectural Control Committee ("ACC").
25.1 No improvements of any kind, including, but not limited to, dwelling houses,
garages, fences, swimming pools, tennis courts, parking areas, drives, antennas,
flagpoles, walks and every other type of improvement, shall be constructed or altered
on any lands within the Subdivision, including the common areas, nor may any
vegetation be altered or destroyed, nor any landscaping performed on any tract unless
three (3) complete sets of architectural plans and specifications for such construction,
alteration or landscaping are submitted to the ACC and approved in writing prior to
the commencement of such work. All decisions of the ACC shall be in writing, One
( 1) set of such plans and specifications shall remain on file and become a permanent
record of the ACC. If the ACC fails to take any action within thirty (30) days after
complete architectural plans and specifications for such work have been submitted
to it, then all of such architectural plans shall be deemed to be approved; provided,
however, that no uses may be authorized or deemed approved unless adequate water
resources are available to sustain such use and no changes may be made that will
affect drainage between houses or open space tracts.
25.2 The ACC shall exercise its best judgment to see that all improvements, construction,
landscaping and alterations on the land within the Subdivision conform to and
Amended Declaration of Covenants
Page 17 of28
harmonize with the natural surroundings and with existing structures as to external
design, materials, color, setting, height, topography, grade and finished ground
elevation. The ACC shall protect the seclusion of each home site from other home
sites as much as reasonably possible.
25.3 Architectural plans and specifications submitted under paragraph 26.1 supra, shall
show the nature, kind, shape, height, materials, floor plan, building elevations,
location, exterior color scheme, alterations, grading and all other matters necessary
for the ACC to properly consider and make a determination thereon. The applicant
shall also submit a plan showing any proposed landscaping or revegetation required
to restore disturbed areas, together with a schedule for the completion of such work.
The ACC may disapprove any architectural plans submitted to it which are not
sufficient for it to exercise the judgment required of it by these Covenants or may
require applicant to supply such additional materials as may be required for the ACC
to perform this task. In the event, additional materials are provided by the applicant
to the ACC, the ACC shall have thirty (30) days from the date of receipt of said
additional materials to conduct the review required herein.
25.4 The ACC may grant a reasonable variance or adjustment of these conditions and
restrictions in order to overcome practical difficulties and prevent unnecessary
hardships arising by reason of the application of the restrictions contained herein.
Such variances or adjustments shall be granted only in case the granting thereof shall
not be materially detrimental or injurious to other property or improvements of the
neighborhood and shall not defeat the general intent and purpose of these Covenants.
25.5 The ACC shall not be liable for damages to any person or association submitting any
architectural plans for approval or to any Owner by reason of any action, failure to
act, approval, disapproval, or failure to approve or disapprove with regard to such
architectural plans.
25.6 The initial members of the ACC shall be:
Gene R. Hilton
Mary J. Hilton
Chris Hale, Mountain Cross Engineering.
The. Initial address for official correspondence with the ACC shall be:
2102 West Arapahoe Dr.,
Littleton, CO 80120-3008.
A majority of the ACC may designate a representative to act for it. Should a member resign
or become unable to act, the other members shall appoint a successor.
Amended Declaration of Covenants
Page 18 of28
26 Insurance.
26.1 Not later than the time of the first conveyance of a Lot to an Owner other than the
Declarant, the Association shall, in conformance with the provisions set forth Colo.
Rev. Stat.§ 38-33.3-313(1Xa) and (b) (West Supp, 1995) to the extent reasonably
available, obtain and keep in full force and effect the following insurance coverage:
26.1.1 Property Insurance -Property insurance in an amount not less than the full
insurable replacement cost, less applicable deductibles, on all common
elements and on all property that must become common elements.
26.1.2 Commercial General Liability Insurance -Commercial general liability
insurance, in an amount deemed sufficient by the Board, covering the Board,
the Association and their respective employees and agents against claims and
liabilities arising in connection with the ownership, existence, use, or
management of the common elements. The Declarant shall be included under
this policy as an additional insured. Garfield County shall also be named and
additional insured as to the trail, parking lot and fisherman easement
dedicated on the Final Plat.
26.1.3 Fidelity Insurance -To the extent reasonably feasible, fidelity insurance
insuring all persons charged with handling Association funds in an amount
of no less than two months assessments, calculated from the current budget.
26.1.4 Any additional coverage required by the Act or other laws.
27 Covenants Run With Land. These Covenants are to run with the land and shall be binding
upon all parties and all persons claiming under them until the year 2031, at which time said
Covenants shall be automatically extended for successive periods often (10) years unless, by vote
reflected by signed documents duly recorded by sixty-seven percent ( 67%) of the then Owners, based
upon one vote for each Lot owned, it is agreed to change said Covenants in whole or in part.
28 Termination of Covenants. These Covenants may be lawfully terminated pursuant to any
applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein
contained.
29 Amendment of Declaration. Except for the right of the Declarant to amend this Declaration
or sections which give the Declarant rights, as specified herein or by law, this Declaration may be
amended by a vote of sixty-seven percent ( 67%) of the votes entitled to be cast by the members of
the Association, said vote to be cast at a meeting of the members duly held. Any amendment shall
become effective upon recordation, provided a properly certified copy of the resolution of
Amended Declaration of Covenants
Page 19 of28
amendment is placed on record in Garfield County, Colorado, no more than six (6) months after said
meeting.
30 Notice to Unit Owners. Written notice of matters affecting the Subdivision, Association
and/or planned community shall be sent to all Lot Owners by delivering such by regular first-class
mail to the addresses of such Owners. All Owners shall register with the Association an address for
delivery of such notice and shall timely notify the Association of any change of address.
31 Limited Liability. The Association and the Board shall not be liable to any party for any
action or for any failure to act with respect to any matter if the action taken or failure to act was in
good faith without malice. The Association agrees to indemnify the Board against loss resulting from
such action or failure to act if the Board acted or failed to act in good faith and without malice.
32 Development Rights and Special Declarant Rights. All development rights set forth in
this section are applicable between the Declarant, its successors and assigns, and any Lot Owner and
apply to the real estate contained within the Property and such other real estate as may be added
thereto pursuant to the provisions set forth herein. Nothing herein shall discharge the Declarant or
others exercising development rights to obtain any required approvals from the appropriate
governmental entities and comply with any and all resolutions, ordinances, statutes and law relating
to the exercise of such development rights. If these development rights are exercised in any portion
of the Property, the Declarant is not precluded from exercising development rights in any portion of
the remainder of the property at a later date. No statement is made as to the order in which portions
of the Property are added or subject to the exercise of development rights. The Declarant hereby
reserves unto itself, its agents, employees, contractees and assigns, the following development rights
and other special Declarant rights for exercise within twenty-five (25) years a the date of this
Declaration:
32. Right to Add Property. The right to add real estate and water rights to the Property
and to the Association. Said additional real estate may include that real property
located in Sections 4 and 9, Township 6 South, Range 91 West of the 6th P.M. Said
additional water rights may include water rights in Augmentation Plan W-3262 and
set forth in Paragraph 12 supra. The Declarant further reserves the right to connect
such additional property to utilities, Water System and to divert and otherwise apply
to beneficial use said additional water rights therein, and to use existing roads and
easements, for any and all purposes set forth in the Final Plat and these Covenants.
Such additional real estate water rights shall be subject to these Covenants as
established by a duly recorded amendment hereto.
32.2 Right to Create Units/Lots and Common Areas. The Declarant reserve the right to
create, add, re-subdivide and construct additional units, lots and common and limited
common elements within the Property or on adjacent property. Said right shall be
Amended Declaration of Covenants
Page20 of28
subject to the condition that the exercise of the same does not impinge or diminish
the services provided for the lots depicted on the Plat. The total number of units that
may be created pursuant to the provisions hereof shall not exceed 50 units.
32.3 Right to Amend Declaration and Plat. The Declarant reserves the right to amend or
supplement the Declaration and Plat in connection with the exercise of its
development rights. Such amendments shall conform to the requirements of the
statutes and this Declaration.
3 2.4 Right to Withdraw Property. The right to withdraw real estate from the Property. The
property subject to this right of withdrawal shall include the Property and the water
rights set forth in paragraph 12 supra:
3 2.5 Right to Convert and Subdivide. The Declarant reserves the right to further subdivide
units and/or Lots or convert units and/or Lots into common areas. Said right shall be
subject to the condition that the exercise of the same shall not impinge upon or
diminish the services provided for the Lots depicted on the Plat. The real estate
subject to this right shall include the Property.
32.6 Right to Complete Improvements. The right to complete those improvements
indicated on the Plat and contained within the Subdivision Improvements Agreement
for the Subdivision that are not complete as of the date of these Covenants.
32. 7 Activities ofDeclarant. The right to conduct certain activities which, notwithstanding
any provision contained in these Covenants to the contrary, shall include the right to
maintain a sales office, management office and other such facilities as in the sole
opinion of the Declarant may be reasonably required, convenient or necessary for the
construction, sale and management of any units or Lots. Such facilities may include
without limitation a business office, storage area, construction yards, signs, model
units, sales offices, construction office, parking areas and lighting and temporary
parking structures for all prospective purchasers of Lots or units.
32.8 Easements. The right to use all easements shown or described on the Plat or
otherwise conveyed to the Association and to use such easements as in Declarant's
discretion may be necessary to the exercise of those rights described in this section.
Furthermore, Declarant hereby reserves the right of ingress and egress in and through
all Lots during the period of construction and sale of any Lots or Units for the
purpose of any necessary, required or requested construction, maintenance,
refurbishment or repair of said Lots or Units or any part thereof.
32.9 Rights Concerning Control of Association. The right to make the Association subject
Amended Declaration of Covenants
Page 21 of28
to a master association, or to merge or consolidate the Association with another
association of a similar nature or same form or ownership, whether such merger be
into and with an existing. Association or a subsequently, formed Homeowners
Association.
32.10 Easements, Water Rights or Well Permits. The right to use excess capacity of the
water system, water rights, augmentation plan, wells, ponds, spring and all pumps,
pipelines, ditches, tanks, measuring devices, meters or other facilities associated
therewith, including any facilities necessary for the exercise of any existing or
subsequently decreed water rights, well rights or well permits or augmentation plan
together with easements associated therewith for the construction, erection,
maintenance, operation, use, expansion, repair and replacement of the water rights
and/or facilities, and to add to such water system or water rights, to amend or change
any water court decree, to substitute the augmentation water source or amount as
decreed in Case No. 3262 (Water Division No. 5), or any right as may be
subsequently decreed by appropriate action in the water court or with the State
Engineer's Office.
32.11 Use Agreements. The right to enter into, execute, amend and otherwise deal with
contracts and agreements for the use, lease, repair, maintenance or regulation of
facilities.
32.12 Right by Statute or Recorded Document. Any other rights as allowed by statute or
as may be reserved by documents on record within the office of the Garfield County
Clerk and Recorder.
33 Construction within the Flood Fringe. Construction is allowed within the Flood Fringe
area as the same is depicted on the Garfield County Plan's Management Districts Map (1981; 1984)
in accordance with the following conditions:
33.1 The lowest floor, including basement, of any new building designed for residential
occupancy shall not be less than one (1) foot above the maximum water elevation of
the 100-year flood as determined by the Garfield County Flood Insurance Study.
3 3 .2 Prior to the issuance of a Certificate of Occupancy, each Lot Owner shall furnish the
Garfield County Department of Building and Planning as-built elevation certificates
issued by a professional engineer demonstrating that all construction meets the
provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as
amended.
34 Declarant Control. The period ofDeclarant control of the Association shall terminate sixty
Amended Declaration of Covenants
Page 22 of28
(60) days after conveyance to Owners other than the Declarant of seventy-five percent (75%) of the
Lots or units that may be created as set forth in paragraph 33.2, two years after the last conveyance
of a unit by the Declarant in the ordinary course of business, or two years after any right to add new
units was last exercised. Not later than sixty (60) days after conveyance to Owners other than the
Declarant of twenty-five percent (25%) of the units or Lots that may be created as set forth in
paragraph 33.2 supra, at least one (I) member and not less than twenty-five percent (25%) of the
members of the executive Board must be elected by unit or Lot Owners other than the Declarant. Not
later than sixty ( 60) days after conveyance to Owners other than the Declarant of fifty percent ( 50%)
of the units or Lots that may be created as set forth in paragraph 30 herein, not less than thirty-three
and one-third percent (3 3 .3 % ) of the members of the executive board must be elected by unit Owners
other than the Declarant.
3 5 Future Development. All persons purchasing Lots in the Subdivision or purchasing property
as described on Exhibit A shall take ownership subject to the development rights of the Declarant
as herein set forth and, as such, agree to not object to exercise of the development rights described
in paragraph 3 3 herein.
36 Recording Data. The following documents, recorded in the Office of the Clerk and Recorder
of Garfield County, are relevant to the Subdivision and a description of the same is as provided:
Reception No. Book Page
513353
Lots
639203
Lots
506740 1014 808
498822 986 665
Appvl
592973 1308 567
Moore
592979 1308 568
Moore
594733 1316 983
Water
597734 1316 987
592980 1308 569
Sale
513354 1032 948
Agmt
513355 1032 961
Space
Amended Declaration of Covenants
Page 23 of28
Grantor
Garfield County
Garfield County
Garfield County
Garfield County
Gene R. Hilton
Rapids Dev. Corp.
Gene R. Hilton
Rapids Dev. Corp.
Rapids Dev. Corp.
Garfield County
Rapids Dev. Corp.
Grantee
Gene R. Hilton
Rapids Dev. Corp.
Rapids HOA
Rapids Dev. Corp.
Rapids HOA
Rapids HOA
Rapids Dev. Corp.
Rapids HOA
Description
RecordPlat-33
Amend Plat 33
Floodplain SUP
96-70 Prel. Plan
Deed 19.7%
Deed 19.7%
Deed Additional
Correction Deed
Wata: System Bill
Subdiv. Jmpuve.
Quit Claim Open
513356 1032 963 Rapids Dev. Corp Lot Owners Declaration Prot.
Cov.
513362 1033 8 Rapids Dev. Corp. Garfield County Temporary
Easement
524191 1064 699 WestDivide WCD Rapids Dev. Corp Water Contract
592975 1308 554 Gene R. Hilton Rapids HOA MOA Service
Agmt.
592976 1308 506 Gene R. Hilton Rapids Dev. Corp. Easement Tanlc,
etc
592977 1308 564 RapidsDev. Corp. Rapids HOA Easement Tanlc,
Etc
37 Rights Transferable. Any special Declarant right or additional right created or reserved
under this Declaration for the benefit of Declarant may be transferred to any person by an instrument
describing the rights transferred and recorded in every county in which any portion of the project is
located. The transferor Declarant and the transferee shall execute such instrument.
38 Severability. The invalidation of any one of these Covenants by judgment or court order
shall not affect any of the other provisions which shall remain in full force and effect. Dated this
__ day of 200_.
This Amendment incorporates all changes into the Declaration of Protective Covenants
through the date noted in Paragraph 38.
ATTEST: RAPIDS DEVELOPMENT CORPORATION
Gene R Hilton, President
RAPIDS ON1HE COLORADO HOMEOWNERS ASSOCIATION
Amended Declaration of Covenants
Page 24 of28
Amended Declaration of Covenants
Page 25 of28
STAIB OF COWRADO )
) SS.
COUNIY OF GARFIEID )
Theforegoingwa;ackoowledgOO beforeme1his_dayof 200_ byGeneR Hilton,
President of Rapids Development Cotpration and Mary J. Hilton, Secretmy ofRapids Development Coqnation., and
by Gene R Hilton, President, Rapids on 1he Colora.lo Homeowrers Asslciation.
WJ.1ne.$ my hand and official seal
My~expires: __ _
Amended Declaration of Covenants
Page 26 of28
Notary Public
LEGAL DESCRIPTION
THE RAPIDS ON THE COLORADO
PLANNED UNIT DEVELOPMENT
121.488 ACRE PARCEL
A tract ofland situated in the SE1/4SW1/4 and the SW1/4SE1/4 of Section 4 and the NW1/4NE1/4
of Section 9 all in Township 6 South, Range 91 West of the 6th P.M. being described as follows:
BEGINNING AT the Southwest Comer of said Section 4;
Thence N 00°50100"W 438.10 feet along the West line of said Section4 and along the Easterly line
of that p~cel ofland described in Book 570 at Page 266 in the Office of the Garfield County Clerk
and Recorder;
Thence N 75°43 118" W 101.89 feet;
Thence N 17°08141" W 115.59 feet;
Thence N 53°47108" W 177.75 feet to the center of the Colorado River;
Thence along the center of said river N 23°43'15" E 339.10 feet;
Thence N 23°43 120" E 310.00 feet;
Thence N 35°08115" E 419.25 feet;
Thence N 42°56113" E 499.62 feet;
Thence N 65°01 147" E 404.40 feet;
Thence N 71°35'12" E 503.50 feet;
Thence N 84°15 120" E 284.99 feet;
Thence S 81°33 138" E 244.41 feet;
Thence S 58°02'47" E 266.82 feet;
Thence S 68°42111" E 480.81 feet to the West line of the Brannan Subdivision Exemption No. 1;
Thence along said West line and departing the center of said Colorado River S 00°50154" E 520.60
feet to the Northeast Comer of that parcel described in Book 527 at Page 743 as Reception No.
293881;
Thence along the boundary of said parcel S 78°22110" W 328.61 feet;
Thence S 08°40'15" E 430.97 feet to the Southerly Right of Way of County Road No. 335;
Thence along said Right ofWayN 79°02'15" E' 4.10 feet;
Thence along a curve to the right with an arc length of 303.67 feet, a radius of 389.99 feet, a central
angle of 44°36148", a chord bearing of S 78°39"21" E, a chord length of296.05 feet;
Thence S 56°20 156" E 284.92 feet;
Thence along a curve to the left with an arc length of 67.52 feet, a radius of 191.32 feet, a central
angle of20°13 115", a chord bearing of S 66°27'34" E, a chord length of 67.17 feet;
Thence departing said Right of Way S 17°47'53" E 308.48 feet;
Thence S 12°52136" E 736.29 feet;
Thence along a curve to the right with an arc length of 236.48 feet, a radius of 548.35 feet, a central
angle of24°42"34", a chord bearing ofS 00°31 119" E, a chord length of234.65 feet;
Amended Declaration of Covenants
Page 27 of28
Thence S 11°49'58" W 141.56 feet;
Thence S 89°30'00" W 318.77 feet;
Thence N 11°30'00" W 1150.00 feet;
Thence N 49°30'00" W 395.00 feet;
Thence S 70°45'00" W 870.00 feet;
Thence S 29°00'00" W 414.95 feet;
Thence S 00°14'42" E 64.14 feet;
Thence S 89°20'08" W 1308.98 feet to the Point of Beginning containing 121.488 Acres
Amended Declaration of Covenants
Page 28 of28
EXHIBITB
March 13, 2007
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNT/\IN CROSS
ENGINEERIN6, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
RE: Special Use Permit Application for Development in the Flood Plain for Rapids on
the Colorado PUD
Pursuant to comments generated during the review process of the Preliminary Plan Application
for the Rapids on the Colorado PUD, accept the attached application for Special Use Penpit for
Development in the Flood Plain.
This application would be more accurately described as an amendment to the previously
approved Special Use Permit given by Resolution No. 97-26 of the Board of County
Commissioner (BOCC) of Garfield County. The original Rapids on the Colorado project had
building locations planned within the areas designated as Zone AE and Zone X by the Flood
Plain Study performed by the Department of the Army Corps of Engineers. The applicant
petitioned the BOCC under a Special Use Permit to allow development within the flood fringe to
place fill to elevate the future building finished floor elevations above the base flood elevation.
Resolution No. 97-26 was approved with conditions. In a letter dated December 30, 1998, the
engineer for the applicant certified that the fill was placed as required in the conditions of
approval and that the fill was placed " ... above the elevation of the 100-year flood ... " The
original application, correspondence, Resolution No. 97-26, and letter of certification are
attached for your review. Also attached is an exhibit.showing the current project topography and
the 100-year base-flood elevations determined from the above mentioned Flood Plain Study.
This also shows how those base-flood elevations correspond to the current project topography,
" ... ·effectively removing the building envelopes from the 100-year floodplain of the Colorado
River." per the certification of the engineer.
No further placement of fill is anticipated or required for the proposed application. Rather, since
the proposed PUD proposes a gravity sewer system instead of individual sewage disposal
systems (ISDS) and ~he proposed applicant is a different entity; please recommend approval of a
Special Use Permit to the BOCC with the Rapids Development Corporation as the. appllcarit and
without conditi~ns specific to ISDS. ·
Thanks in advance. Feel free to call with any questions or comments.
Sincerely,
Mountain
(J
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826 1 /2 Grand Avenue • Glenwood Springs, CO 81601
n11 n-.n nA,. ,.,.A .. -r"''-,....,,.. n.e.-,.,.,.n • •
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
)> Street Address I General Location of Property:--=C""""· ,.;,=' {""-___ f.1;.L../ _L-f,;::;.._ __ ... v_'_~_~~-·1_· __
CF J.}tw CM>'ft-f;. TDwH {...J "1 'T 0 e> C, K. ~--3'5'"
)> Legal Description: e;?'(ii--kt1At,fi£· D
)> Existing Use & Size of Property in acres: ~~ t!i7t t;1p (q 1 '-'·1 >.fJ 1 Ai«t Cii 1,t"qrfi. -i-4 .11't 1'c)
)> Description of Special Use Requested: 1?fv't&.t.1f ¥lt£a= / µ Ft.A?\) ·f LA, ,J
)-Zone District: _A._t ........ 1 -1-~~'2.~k. ...... P.__ c:::p I
)> Name of Property Owner (Applicant):---"'~.._.-i::i..1::..1..Jol"l:-~~~~i..::::.1..wi:::::::.__ __ --1
)> Address: '?.I O!l.. t~sr ~Af'Ari:t'--·O&. Telephone: ~1'~.~8 ,,Jb'to
)>City: ht11'L£tlµ State: (_D ZipCode:~~~FAX:3'~3;f'ls.11-·
)> Name of Owner's Representative, if any (Attorney. Planner, etc):
~k1f~t.~R1f\ l '6~ .-? e-.
)> Address: . '2.0"l. · ltt+k ~1. _Sf€,;. 2co Telephone: t:rfC;1'{4 ;2zGi
{
)> City: {,, .. £.~ ~J?J~f6 State: c. ... O Zip Code: Sil,o1 FAX: IKYtj ,,7324·
STAFF USE ONLY
)> Doc. No.: Date Submitted: TC Date: ---------------
)> Planner: Hearing Date:----------•
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (i.e. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
2. If you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S.
1 :24,000 scale quadrangle map will suffice.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject property and public and private landowners adjacent to your property (which should be
delineated). In addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from
the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in your title policy under Exceptions to
Title).
6. Submit a copy of the deed and a legal description of the subject property.
7. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. Submit an statement that specifiCalty responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-countv.com/building and planning/index.htm, or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the· applicant, description of the subje<;t
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest
in the subject property at least thirty (30) but not more than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide tl:le
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
above and have provided the required attached information
·'f.IUTP"" to the st of my knowledge.
~
{Si~ture 0 applicant/owner) r--i/2/// ~H v~.o-ast Revised: 02/2006
0/7 / ,J?f'° j)p/tE:ZL//.#£707 LY
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application) c::;d~l)dJ~O~
GARFIELD COUNTY (hereinafter COUNTY) and ....1.~'--=-'---~-r/J_S_~--~ __ a_._.o_P'_~_~_l1i._r __
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for ~# ~If/ , ¥~~ q:~, .~L,?' · (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee Structure. ·
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for tile PROJECT, and to
thereafter permif additional .costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY 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 of consulting
service determined necessary by the Board of County Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use pennit, zoning amendment, or subdivision plan.
Print Name··
Page 4 ·
8:
l' • '
LEGAL DESCRIPTION
THE R...i\PIDS ON THE COLORADO
PLANNED lJl'liTI DEVELOPMENT
121.488 ACRE PARCEL
A tract of land situated in the SE1/4SW1/4 and the S\\ll/4SE1/4 of Section 4 and the 1'1Wl/4NE1/4
of Section 9 all in Township 6 South, Range 91 West of the 6th P.M. being described as follows:
BEGThNING AT the Southwest Corner of said Section 4;
Thence N 00°50'00"W 438.10 feet along the West line of said Section 4 and along the Easterly line
of that parcel of land described in Book 570 at Page 266 in the Office of the Garfield County Clerk
and Recorder;
Thence N 75°43'1.8" W101.89 feet;
Thence N 1 '1°08'.41" ·w 115.59 feet;
Thence·-N 53°47-'08" W -,.11.15 feet·to the center of the Colorado River;
Thenee along the center of said river N 23°43'15" E 339.10 feet;
Thence N 23°43'20" E 310.00 feet;
.·. Thence N J5008'15" E 419.25 feet;
Thence N 42°56'13" E 499.62 feet;
Thence N 6S°Ol '47" E 404.40 feet;
Thence N 71°35'12" E 503.50 feet;
Thence N 84015'20" E 284.99 feet;
Thence S 81°33'38" E 244.4lfeet;
Thence S SS°02' 47" E 266.82 feet;
Thence S 68042'11" E 480.81 feet to the West line of the Brannan Subdivision Exemption No. 1;
Thence along said West line and departing the center of said Colorado River S 00°50'54" E 520.60
feet to the Northeast Comer of that parcel descn"bed in Book 527 at Page 743 as Reception No.
293881;
Thence along the boundary of said parcel S 7S°l2'10" W 328.61 feet;
Thence S 08°40'15" E 430.97 feet to the Southerly Right of Way of County Road No. 335;
Thence along said Right of Way N 79002'15" E' 4.10 feet;
Thence along a curve to the right with an arc length of 303.67 feet, a radius of 389.99 feet, a central.
angle of 44°36' 48", a chord bearing of S 7S°39"21 '' E, a chord length of 296.05 feet;
Thence S 56°20'56" E 284.92 feet;
Thence along a curve to the left with an arc length of 67.52 feet, a radius of 191.32 feet, a central
angle of 20013'15", a chord bearing of S 66°27'34" E, a chord length of 67.17 feet;
Thence departing said Right of Way S 17047'53" E 308.48 feet;
Thence S 12°52'36" E 736.29 feet;
Thence along a curve to the right with an arc length of 236.48 feet, a radius of 548.35 feet, a central
angle of24°42"34", a chord bearing of S 00°31'19" E, a chord length of 234.65 feet;
Thence$ 11°49'58" W 141.56 feet;
Thenee s 89030'~" ~ 318. 77 feet;
Thence N 11°~0'00".W 1150.00 feet;
Thence N 49030'00" W 395.00 feet;
Thence S 70045'00" W 870.00 feet;
Thence S 29000'00" W 414.95 feet;
Thence S 00°14'42" E 64.14 feet;
Thence S 89020'08" W 1308.98 feet to the Point of Beginning containing 121~488 Acres.
Legal 121.doc
Exhibit 10 Page 2
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~ I 1 ....... ,. ............................................................. ;1-~\:······.·::.,.;., ........ ~:w;:;: ........ ,. .................... ,. ................................... ;.;.;:.;.:-:·:-:-:·:·;.;-.. :·:·;.:·:·:·.·;-;-:·.· .. x·:-::::::::.11 U411l"DUJJ r;ornv1T, r;ow/IA/Jo __
May 2L 1996
Garfield County
Garfield County Commissioners
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Floodplain Special Use Permit Application
The Rapids on The Colorado Subdivision
Dear Board Members:
This lener is to request a Special Use Permit to allow development within the Floodplain.of
the Colorado River for The Rapids on The Colorado Subdivision. We are requesting
permission for construction of residential structures within the Flood Fringe of the Colorado
River on Lots 1-20 of the Subdivision, in conformance with the Garfield County Floodplain
Regulations and in conformance with the Performance Standards summarized in the
Preliminary Plan Submittal for The Rapids Subdivision. The lowest floor of any structure in
the Flood Fringe will be constructed at an elevation at least one (1) foot above the maximum
water elevation of the 100-Year Flood.
A Special Use Pemtit may not be requl.red for the proposed development at this time since the
Floodplain and FloOd Insurance Srudy for the . Colorado River has not been finalized.
However. we would like to obtain your review and approval of this Special Use at this time to
establish appropriate standards and procedures for construction in the Floodplain, and to avoid
numerous individual Special Use Permit Applications in the future. Thank you for your
consideration of this maner.
Gene R. Hilton
GRH/jlw
p (P_)%
.. ....._,,,
FLOODPLAIN SPECIAL USE PERMIT
Portions of Lots 1-20 are located within the 100-year Floodplain of the Colorado River. The location of the
Floodplain and the Floodway are shown on the Drainage Plan (Section 111.F.). The Floodplain delineates
the edge of the water surface during the maximum flow of a 100 Year Flood event. The Floodway is the
portion of the river and the adjoining floodplain that is reserved to carry the flow of the 100 Year Flood.
The Flood Fringe is the area within the Floodplain that is outside of the Floodway. The location of the 100-
year Floodplain and Floodway were obtained from tt:ie Flood PJain Study Map (Section Vll.B.).
Garfield County Floodplain Regulations require any de.velQpment in the Floodplain to obtain a Special Use
Permit. The Applicant is requesting a Special Us~ Permit to allow future development within the
floodplain, including the construction of residential structures and the placement of fill material, in
accordance with the following standards:
1. Any construction within the 100-year :floodplain shall be in conformance with all requirements of
the Garfield County Floodplain Regulation~.
2. Construction within the Floodway, including. the placement of fill, new construction, substantial
improvements, or any other encroachments, is prohibited. Building envelopes are designated on
Lots 1-20 of the Subdivision Plat to prevent construction within the Floodway.
3. The following activities are prohibited within the Floodplain, including the Floodway and the Flood
Fringe area:
A. The development, use, fill, construction, substantial improvement or alteration on or
above any portion of the Flood Fringe or Flood Prone Areas which alone, or cumulatively
with other activities, would cause or result ·in the danger of substantial solid debris being
carried downstream by floodwaters.
B. The storage or processing of materials that in times of flooding are buoyant, flammable,
explosive or otherwise potentially injurious to human, animal or plant life.
C. The disposal of garbage or other solid waste materials.
D. Any obstruction which would adversely affect the efficiency of or restrict the flow capacity
of a designated flobdpla.in 5.o ·as to: cause foreseeable damage to others.
4. Construction is allowed within the Flood Fringe area (i.e., the area within the Floodplain that is
outside of the Floodway) in accordance with the following performance standards:
A. The lowest floor, including basement, of any new or substantially improved building
designed for residential occupancy shall not be less than one (1) foot above the maximum
water elevation of the 100 Year Flood.
B. All new construction or substantial improvements shall be reasonably safe from flooding.
C. Any proposed development shall be reviewed by the Floodplain Administrator at the time
of Building Permit review to insure that the potential for flood damage by the 100 Year
Flood is minimized.
D. Utilities and facilities shall be located, designed and constructed so as to minimize
damage by the 100 Year Flood and adequate drainage shall be provided to reduce
exposure to flood hazards.
E. All new construction of substantial improvements shall be designed and adequately
anchored to prevent flotation, collapse or lateral movement, be constructed with materials
. and utility ·equipment resistant to flood d~mage, and be constructe~ by. methods that
minimize flood damage. . . · . · ·
F. New or replacement water supply systems and sanitary sewage· systems shall be
designed so as to minimize or eliminate infiltration of floodwaters. On-site individual
sewage disposal systems shall be located so as to avoid impairment of them or
contamination from them during a 100 Year Flood.
G. As-built certification shall be provided by a licensed Professional Land Surveyor or
Professional Engineer to verify that the elevation of the lowest floor level of the
construction is not less than one ( 1) foot above the maximum water elevation of the 100
Year Flood. This certification shall be provided in conformance with Garfield County
Requirements on the appropriate certification form.
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Mr. Peter Belau, P .E.
Enartech, Inc.
P.O. Drawer 160
GARFIELD COUNTY
Building and Planning
Glenwood Springs, CO 81602
RE: Rapids Floodplain Special Use Permit
Dear Peter,
RECEIVED SEP 2 O 1996
Mark Bean and I have had the opportunity to reviewand discuss the recent floodplain information
submitted on behalf of the Rapids on the Colorado Subdivision and we offer the following comments:
I] The submitted information on how the fill material would be placed and how the Flood Fringe
may be affected is too generic to make any conclusions. These statements must be based on
certain, technical data specific to how the fill would be placed and how much fill (cubic)
would be required to raise the building envelopes out of the I 00-year floodplain.
2] Consistent with the information in item #1, you should include a discussion of the projected,
downstream effects to the 100-year floodplain. Essentially, demonstrate that Section 6.09.02
(D) of the Zoning Resolution would be met. Perhaps this would require a HEC-2 study.
3] Assurance of compliance with Section 6. 08. 01 ( 1) of the Zoning Resolution, specifically that
your floodplain development scenario complies with Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1344.
4] Finally, the information submitted by you must bear your stamp.
If you have any questions regarding these issues, please contact Mark or myself Additionally, please
submit this information in a timeiy fashion, so it may be reviewed· and presented to the Board. At this
time, the application is considered to be incomplete and will be removed from the Board's
consideration unless ·the required information has been submitted and reviewed.
Sincerely,
c-;; (' ;._ ,,_.tt:-1 __..
Eric D. McCafferty
Garfield County Planner
cc: Don Deford
l 09 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
ENARTECH Inc. Consulting Engineers and Hydrologists
September 26, 1996
Mr. Eric McCafferty
Garfield County Planning Depamnent
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: The Rapids Floodplain Special Use Pennit
Dear Eric:
...,,~YIB
11'71&"''17
~·~
Enclosed is a revised Preliminary Plan (dated 9/23/96) for The Rapids on The Colorado
Subdivision showing contours for the proposed floodplain fill material for this project. This
information is in response to your request for additional information outlined in your letter that
I received on September 20th. The fill is to be placed at an elevation that is at or above the
100-Year flood elevation. The elevation of the fill is summarized on a lot-by-lot basis in the
enclosed table. The fill is to be placed by the project construction contractor at the time of
construction of the subdivision improvements. The fill material will probably be placed by
scrapers; this will be at the discretion of the construction contractor. The fill will be wheel-
roll compacted to a density at least 853 of the maximum Standard Proctor density of the soil.
Topsoil will be stripped and re-placed on top of all disturbed areas. Borrow material will be
from Lots 25, 26, 31 and 33 on the property and from the Homeowner's Association parcels,
including excavation from the proposed pond. The net quantity of fill material is estimated to
be 50,000 cubic yards of soil.
Regarding downstream effects of the proposed fill material. there are none. As stated in my
previous correspondence dated September 17th, the proposed fill is to be placed within the
Flood Fringe of the 100-Year Floodplain, which means that the fill material will not cause an
obstruction to the flow, will not adversely affect the efficiency of the flow, will not restrict the
flow capacity. of the floodplain and will not cause foreseeable damage to others. One of the
primary purposes of a Flood Insurance Study is to define the Flood Fringe, which is the
portion of. the 100-Y ear Floodplain which may be filled in without causing adverse flood
impacts. The Flood Fringe is defined thiough .a. HEC-2 ~alysis· whereby encroachments are
modeled into the floodplain within the HEC-2 computer analysis to determine if any impacts
occur. Since this HEC-2 analysis has already been performed and the Flood Fringe has
already been defined, I will use the HEC-2 analysis from the Flood Insurance Study.
The proposed placement of fill material complies with Section 404 of the Federal Water
Pollution Control Act Amendments. A 404 Permit is not required because none of the
302 Eighth Slreet. Suite 325 P.O. Drawer 160 Glenwood Springs. Colorado 81602 (970) 945-2236 Fax (970! ~.:5-a7
Mr. Eric McCafferty
Page -2
proposed fill material is to be placed within the ordinary high water mark of the Colorado
River or in any wetlands.
Also enclosed is my previous letter regarding the floodplain special use permit application for
The Rapids with my Professional Engineer's stamp as you requested. The table with the
floodplain and· building elevations attached to this letter has been revised to show the correct
etevatiom; ·the .previous elevations were off by 100 feet ill eievation. ·
Please give me a call if you have any questions in this regard.
Sincerely,
ENAR'TECH, INC.
Peter Belau, P.E.
PB/jlw
Enclosure
cc: Gene Hilton
Scott Balcomb
P423-0l (P423_04C)96
THE RAPIDS ON THE COLORADO SUBDIVISION
FLOODPLAIN AND PROPOSED FILL ELEVATIONS
Lot 100-Y ear Flood Proposed Fill
Number Elevation Elevation
. 1-5496.1 -5496.8 5496. l -5496.8
·2 5496.8 -5497 .2 5496.8 -5497 .2.
3 5497.2 -5497.7 5497 .2 -5497 .7
4 5497 .7 -5498. l 5497.7 -5498.l
5 5498.1 -5498.6 5498.1 -5498.6
6 5498.6 -5499.1 5498.6 -5499.1
7 5499.1 -5499.7 5499.l -5499.7
8 5499.7 -5500.2 5499.7 -5500.2
9 5500.2 -5500.6 5500.2 -5500.6
10 5500.6 -5501.0 5500.6 -5501.0
11 5501.0 -5501.5 5501.0 -5501.5
12 5501.5 -5502.0 5502.0
13 5502.0 -5502.6 None
14 5502.6 -5503. l None
15 5503.1 -5503.6 None
16 5503.6 -5504.-1 5503.6 -5504.1
17 5504.1 -5504.6 5504. l -5504.6
18 5504.6 -5505.2 None
19 5505.2 -5506.0 None
20 5506.0 -5510.0 None
ENARTECH Inc. Consulting Engineers and Hydrologists
September 17, 1996
Garfield County
Garfield County Commissioners
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Floodpl,ain Special Use Permit Application
The Rapids on The Colorado Subdivision
Dear Board Members:
~y,.,
~.&l)r .........
~·~
This letter is to revise Gene R. Hilton's previous Special Use Permit application to allow
development within the Floodplain of the Colorado River for The Rapids on The Colorado
Subdivision. Mr. Hilton's previous request was outlined in his letter dated May 21. 1996 and in
the Preliminary Plan submittal documents for The Rapids Subdivision. This Special Use Permit
application is hereby revised to require the applicant and developer (Mr. Hilton) to place fill
material within the. Flood Fringe area as necessary to elevate all of the building envelopes within
The Rapids Subdivision above the level of the 100-year floodplain. The extent of the proposed
fill material and the location of the proposed building envelopes is shown on the revised
Preliminary Plan for The Rapids on The Colorado Subdivision, dated 9/16/96.
Since the placement of the fill material will effectively remove the building envelopes from the
100-year floodplain, the following Conditions of Approval previously recommended for The
Rapids Subdivision should not be necessary:
"Site specific. engineered building foundations and individual sewage disposal
system designs shall be subject to individual Floodplain Special Use Permit
applications and approval. prior to the issuance of a building permit for any
construction identified within the 100-year floodplains of the Colorado Ri\·er
and/or Garfield Creek."
"Prior to Final Plat, the developer's engineer shall submit site specific engineered
plans for residential' dev.elopment within the flood fringe of the Colorado ·River and
Garfield Creek. Furthermore, all development in these areas shall be consistent
with these plans and shall be required to furnish as-built, elevation certificates
demonstrating that all construction meets the provisions of Section 6.09 of the
Garfield County Zoning Resolution of 1978. as amended. prior to the issuance of a
Certificate of Occupancy by the Garfield County Building Department."
The proposed fill is to be placed within the Flood Fringe of the 100-Year Floodplain. which
means (by definition of the Flood Fringe) that the fill material will not restrict the flow capaci{y
of the river and will have no significant adverse impacts on the remainder of the floodplain.
3J2 E.'g!11h Street. S,;11e 325 P.O. Drawer ;@ Glem~ooa Sc.-:.~s. Colorado 81602 19701 945-2235 Fax 19/C. ;.:.=·~:?-::--:
Board Members
Page -2
Placement of the fill in the Flood Fringe will result in no significant increase in the flood water
elevations or in the flood flow velocities in the vicinity of The Rapids Subdivision. Therefore.
placement of the fill in the Flood Fringe will result in no additional flood hazard or erosion co
adjacent properties.
The following conditions of approval for the Special Use Permit are recommended for Lots 1-20
. of The Rapids Subdivision to avoid the removal of fill material or building construction by
·individual lot owners that may result in a flood hazard:
1. The lowest floor, including basement. of any new building designed for residential
occupancy shall not be less than one (1) foot above the maximum water elevation of the
100-year flood as determined by the Garfield County Flood Insurance Study.
2. On-site individual sewage disposal systems shall be located so as to avoid impairment of
them or contamination from them during a 100-year flood.
3. Prior to issuance of a building pennit, the owner of each lot shall prepare and submit a
soil and foundation report, an ISDS design. and a grading and drainage plan prepared and
certified by a professional engineer. All improvements shall be constructed in accordance
with such measures, which shall be a condition of the building pennit.
Item number 3 above has also been recommended by the Planning Staff and by the Planning
Commission for The Rapids Subdivision. A list of the 100-year flood eleYations and minimum
building elevations for Lots 1-20 is enclosed.
Sincerely,
ENARTECH,INC.
Peter Belau, P.E.
PB/jlw
Enclosure
cc: Gene Hilton
Scott Balcomb
P423--01 1P423_03C)96
)
THE RAPIDS ON THE COLORADO SUBDIVISION
FLOODPLAIN AND BUILDING ELEVATIONS
Lot 100-Y ear Flood Lowest Building
Number Elevation * Floor Elevation
1 5496.8 5497.8
2 5497.2 5498.2
3 5497.7 5498.7
4 5498.1 5499.l
5 5498.6 5499.6
6 5499.1 5500.1
7 5499.7 5500.7
8 5500.2, 5501.2
9 5500.6 5501.6
10 5501.0 5502.0
11 5501.5 5502.5
12 5502.0 5503.0
13 5502.6 5503.6
14 5503.l 5504.l
15 5503.6 5504.6
16 5504.l 5505.1
17 5504.6 5505.6
18 5505.2 5506.2
19 5506.0 5507.0
20 5510.0 5511.0
*NOTE: The 100-Year Flood Elevation is from the Draft Garfield County Flood
Insurance Study, at the upstream edge of the building envelope for each lot.
.R EC E I VE D APR 2 9 19 97
STATE OF COLORADO )
)ss
County of Garfield )
At a regular hearing of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs
on Mondav , the 7th of April A.D. 19...21._, there were present:
_ __...M-=an=·an=-"'-I'-". S"""rru=.t=h __________ ,, Commissioner Chainnan
_ __,,_Jo=hn....._.M==art"-"=in.__ ___________ , Commissioner
_ _..L=any~~M:=c=C~o~wn'""""'-___________ ,Commisfiloner
--=D~o~n~D~e=F~o~rd...._ ___________ ,CountyAttorney
---=Mi=·1...,d=re=d=--Al~sd=o .... rf""'----------' Clerk of the Board
_ __,.C=hu=c=k"-'D=-=es._.c=h=en=e,...s'--_________ , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO. 97-26
A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE
PER.l\1IT FOR RAPIDS ON THE COLORADO SUBDIVISION
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Gene Hilton for a Floodplain Special Use Permit to allow the placement of fill material in
portions of the flood fiinge of the Colorado River and Garfield Creek on the following described tract ofland:
See Attached: Exhibit A
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 7th day of October, 1996, upon the question of
whether the above-described Floodplain Special Use Permit should be granted or denied, at which hearing
the public and interested persons were given the opportunity to express their opinions regarding the issuance
of said Special Use Pennit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the follo'Wing determination of fact:
1. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commissioners.
I llltll Hiil llllll lllJI IJllll lllll lilll ill 11111 f~ll llll
506740 04/08/1997 03:35P 81014 P808 447
1 of 5 R ~.00 D 0.00 N 0.00 ~RRFIELO COUNTY CLER
2. That the hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were heard
at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution of 1978,
as amended.
4. . For the above.stated and other reasons, pie proposed ~se is jn the best interest of the health,
safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREF9RE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Floodplain Special Use Permit be and hereby is authorized permitting the use of
the above described tract of land for the placement of fill material in portions of the flood fringe of the
Colorado River and Garfield Creek, upon the following specific conditions:
1. That all representations of the applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval.
2. That the Special Use Permit shall be issued when all conditions of approval are met and shall
be subject to adherence to specific conditions to be contained within the Subdivision
Improvements Agreement for the Rapids on the Colorado Subdivision.
,.,
:J. That all placement of fill material shall be in accordance with the engineering specifications
for this type of floodplain development.
4. That the compaction of fill material shall be field verified by the developer's engineer, as it is
being placed, and the engineer shall provide individual, "as-built" elevation certificates, for
each affected lot, upon completion.
5. That approval oft.his Special Use Pennit shall in no way be construed as approval of the
Rapids on the Colorado Subdivision, nor shall it obligate the Board of County Commissioners
to approve said subdivision.
6. That approval of this Special Use Permit shall preclude the necessity of compliance with the
following plat note/condition of approval, proposed for the Rapids on the Colorado
Subdivision:
Site specific, engineered building foundations and individual sewage disposal system designs
shall be subject to individual Floodplain Special Use Permit applications and approval, prior
to the issuance of a building pennit for any construction identified within the 100-year
floodplains of the Colorado River and/or Garfield Creek.
Prior to Final Plat, the developer's engineer shall submit site specific engineered plans for
residential development within the flood :fiinge of the Colorado River and Garfield Creek.
Furthermore, all development in these areas shall be consistent with these plans and shall be
I 1111U 1111111111111111 llll~l lllfl 11111111 lllJI 11111111
S067~ 04/08/1997 03:35P 81014 Pa0s 447
7 of 5 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
_.,..
•.;
required to furnish as-built, elevation certificates demonstrating that all construction meets
the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as
amended, prior to the issuance of a Certificate of Occupancy by the Garfield County Building
Department.
7. That the lowest floor, including basement, of any new building designed for residential
occupancy shall not be less than one (1) foot above the maximum water elevation of the 100-
year flood as determined ?1'. the CJ:arfield County Flood Insurance Study.
8. That on-site individual sewage disposal systems shall be located so as to avoid impairment of
them or contamination fro them during a 100-year flood event.
9. That prior to issuance of a building permit, the owner of each lot shall prepare and submit a
soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and
certified by a professional engineer. All improvements shall be constructed in accordance
with such measures, which shall be a condition of the building_ permit.
10. That the applicant/developer shall take prudent measures to control dust generation and
migration from the site, for the duration of development on the site.
Dated-this 8th day of_:..::·'A.=o-=-r=i=l ____ , A.D. 19 97
ATTEST:
··-·
-. ... :
~-...
GARFIELD COUNTY BOARD OF
C01\1MISSIONERS, GARFIELD COUNTY,
COLORADO
_1 /J I 4 //t~-:%t:' h--~. ~.z;t_
Chairman
Upon motion dUly made and seconded the foregoing Resolution was adopted by the following vote:
___ c_o_m_m_i_s_s_i_o_n_e~r_C_h_a~i-·r_m_a_n __ M_a_r_i_a_n __ I __ ._s_m __ i_t_h ______ ~-,Aye
Commissioner John F. Martin A
-------------------------------------------' ye ____ c_o~m~m~i~s~~~i~o~n~e~r__..L~a~r~r~y!--'"L~··.__..M~c~C~o~w~n...._ ____________ ~,AYe
11111111111111111111111111111 tllll lllll Ill lllll llll llll
506740 04/08/1997 03:35P B1014 P810 447
3 of SR 0.00 D 0.00 N 0.00 GARfifLD ~-OUNTY CLER
,..
'"··
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County,. now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this _:___ day of , A.D. 19 __
County Clerk and ex-officio Clerk of the Board of County Commissioners
\ llll\\ 11\\111\\ll l\l\I \\1\\1 \I\\\ 1\11\ I\\ II\\\ Ill\ Ill\
S06740 04/08/1997 03:35P 81014 P811 447
4 of 5 R 0.00 0 0.00 N 0.00 GARFIELD ~OUNTY CLER
,...
·,:;
LEGAL DESCRIPTION
LEGAL DESCRIPTION
The Rapids of the Colorado
A tract of land situated in the SW1/4 of Section 4 and the SE1/4 of
Section 5, Township 6 South, Range 91 West of the 6th P.M. ·described
as follows:
Beginning at the Southwest Corner of said Section 4; thence N 0° 50' 00"
W 438.10 feet along the West line of said Section 4 and along the
Easterly line of that parcel of land described in Book 570 at Page 266 in
the Office ··of the Garfield County Clerk arid Recorder;
thence N 75°. 43' 18" W 101.89 feet;
thence N 17° 08' 41" W 115.59 feet;
thence N 53° 47' 08" W 177.75 feet to the center of the Colorado River;
thence along the center of said river N 23° 43' 15" E 339.1 O feet;
thence N 23° 43' 20" E 310.00 feet;
thence N 35° 08' 15" E 419.25 feet;
thence N 42° 56' 13" E 499.62 feet:
thence N 65° 01' 47" E 404.40 feet
thence N 71° 35' 12" E 503.50 feet;
thence N 84° 15' 20" E 284.99 feet;
thence S 81° 33' 38" E 244.41 feet;
thence S 58° 02' 47" E 266.82 feet;
thence S 68° 42' 11" E 476. 70 feet;
thence departing the center of said Colorado River S 0° 29' 34" E 523.50
feet to the Northeast Corner of that parcel described in Book 527 at page
743 as Reception No. 293881; Thence along the boundary of said parcel
S 78° 22' 1 O" W 321.42 feet; thence S 8° 40' 15" E 378.29 feet to a point
on the Northerly Right-Of-Way of County Road No. 335; thence along
said Right-Of-Way S 78° 58' 32" W 207.05 feet; thence 140.15 feet along
a curve to the left, having a radius of 1030.00 feet, a central angle of 7°
47' 46"; the chord ot which bears S 75= 04' 40" W 140.04 feet; thence S
71° 1 O' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to
the left having a central angle of T 09' 25" and a radius of 530.00 feet;
the chord of which bears s 67° 36' os:i w 66.16 feet; thence s 64° 01'
23" W 296.11 feet; thence departing-said Right-Of-Way S 0° 14' 42" E;.
653.78 feet to a point ori the ·south line of said Section 4; ·thence S 89°
20' 08" W 1308.98 feet to the POINT OF BEGINNING; said described tract
containing 97.269 acres, more or less.
1111111 lllll 111\11 \llll llllll Ill\\ lllll \ti 1111111111111
506740 04/08/1997 03:35P 81014 P812 447
5 ~f 5 R 0.00 D ~.00 N 0.00 GARFIELD COUNTY CLER
,...
·,;
ENARTECH Inc. Consulting Engineers and Hydrologists
December 30, 1998
Mr. Gene R. Hilton
2102 West Arapahoe Drive
Littleton, CO 80120
RE: The Rapids
Dear Gene:
This letter is to provide certification for the placement of fill material in accordance with the
Garfield County Roodplain Special Use Permit for the Rapids on the Colorado Subdivision
(Resolution 97-26, copy enclosed). I, Peter Belau, a Colorado registered Professional
Engineer, hereby certify the following:
1. The "as-built" elevation of the ftll placed on Lots l, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
16, 17, and 18 of the Rapids on the Colorado Subdivision is above the elevation of the
100-year flood, effectively removing the building envelopes on these lots from the
100-year floodplain of the Colorado River.
2. The fill material was placed in accordance with the engineering specifications for this
type of floodplain development, including the compaction of the fill material.
Please note that the Special Use Permit has a number of additional requirements, including that
the lowest floor, including basement, of any residence must be at least 1 foot above the
100-year flood elevation.
Sincerely, .
ENARTECH, INC.
Peter Belau, P .E.
PB/jlw
Enclosure
cc: Mark Bean
E-mail: belau@rof.net
P423-01 DOCS\PJB98\423_Llr G Hilron 123098A
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977
February 27, 2006
Rapids Development Corporation
C/O: Mr. Gene Hilton
2102 West Arapahoe Drive
Littleton, CO 80120
RE: Rapids on the _Colorado Flood Plain
Dear Gene:
MOUNT /\IN CROSS
ENGINEERIN6, INC.
(IVIL AND ENVIRONMENTAL CONSULTING ANO DESIGN
I have reviewed the letter provided by Peter Belau of Enartech, Inc. dated December 30, 1998
. concerning the placement of fill material for the 100-year floodplain of the Colorado River.
The elevation of the fill material will not be modified for the proposed grading of the Planned
Unit Development (PUD). Additionally, the building envelopes of the proposed PUD lots have
been setback even further from the 100-year floodplain than t11e prevl.ous_lots.
The December _30, 1998 elevation certificate is valid for the proposed PUD. Feel free to call
with any questions you may have.
Sincerely,
Mo1lntain Cross Engineering, Inc.
Chris Hale, PE
Attachment
R?f,. 1 n r.r::mrl AVPOUP • C.lenwood Sorines. co 81601
-... -·····
\
\,
\\ /
)
200
,//
SCALE
100 0 200
EXHIBITC
ROAD IMPACT FEE CALCULATION WORKSHEET
Resolution 97-04
Garfield Countv Road District No. 3
Line R1ference Amount
1 Name of Project: RaQlds on the Colorado PUD Application
Type of Land Use: Slngle-Familx Residentl1I PUD Application
2 Road Cost at the Point of Service 97-111 $3,830,000
3 Road Capacity to Point of Service -In ADT 97-111 16,917
4 Base Road Cost Per ADT To Point of Service -1997 97-111 $226.40
5 ADT Land Use (Average Dally Trips) Capital Plan 9.55
6 Base Impact Fee Per Land Use 97-104 $2,162.12
TAX CREDIT -BASED ON ACTUAL TAX PER LOT
Enter Equiavalent of 80% of the R&B property tax for the type of
7 land use 80% X $96.20 = $76.96 $ 76.96
(2006 Average Tax Per Lot In Rapids -$1,019.33) .
(2006 Average Tax R & B Per Land Use -$96.20)
8 County Discount Rate-Building and Planning 2.21%
9 Road Design Life -Provided in Capital Improvements Plan 14
10 Present Worth Factor -Appendix A 11.93
•
11 Tax Credit = Property Tax Equivalent X PWF 918.07
12 Unadjusted Road Impact Fee $ 1,244.05
-.
RPUD 104 Road Impact Fee 97-04 -Post Constr Adjust.xis 1 4/25/2007
INFLATION ADJUSTMENT
13 Denver-Boulder CPI Year of Cost Estimate (1997) 158.10
14 Denver-Boulder CPI Year of Impact Fee Calculation -2007 204.30
15 Inflation Factor 1.2922 1.29222
16 Pre-Construction Inflation Adjusted Road Impact Fee
(Unadjusted Road Impact Fee X Inflation Factor) $ 1,607.58
POST-CONSTRUCTION COST ADJUSTMENT
17 Discount Rate 2.21%
18 Term (Years) 10
19 Compound Interest Multiplier 21.01
20 Post-Construction Adjusted Road Impact Fee $ 1,607.58
(Line 12 X Line 19)
TOTAL lilMPACT FEES DUE
Adjusted Impact Fee Per Land Use $ 1,607.58
Number of Single-Family Residential Lots 104
Total Impact Fee -Base Fee Adjusted Tax Credits, CPI,
Post Construction $ 167, 189
TOTAL IMPACT FEES PAID IN 1997 -11181206 ·CR 335
Rapids on the Colorado Straightened, Added Turn Lanes,
Leveled, Provided Road Base, Constructed Shoulders, Two
Inch Asphalt , New Drainage, ROW Width, Rebuilt 1/2 Mlle.
Plat Note 7 -Average Expenditure Per Lot $ 3,582
Number of Lots 33
Total Impact Fees Paid in 1997 $ 118,206
Inflation Factor From Line 15 1.29222
i ::i::i r Lt< ~1.1n t<oaa 1mprovemems -$ 152,748 152,748
ROAD IMPACT FEE BALANCE $ 14,440
RPUD 104 Road Impact Fee 97-04 -Post Constr Adjust.xis 2 4/25/2007
Rapids on the Colorado Property Taxes -2006
ACCOUNT LOT DISTRICT PARCEL TAX TOTAL R&B-S
R170353 1 17 218104307001 $ 1,185.12 $ 112.48
R170354 2 17 218104307002 1,185.12 112.48
R170355 3 17 218104307003 1, 185.12 112.48 --
R170356 17 218104307004 1, 185.12 112.48
R170357 5 17 218104307005 1,185.12 112.48
R170358 6 17 218104307006 1,185.12 112.48
R170359 7 17 218104307007 1,235.80 117.29
R170360 8 17 218104307008 1,236.96 117.40
R170361 9 17 218104307009 1,235.80 117.29
R170362 10 17 218104307010 1,236.96 117.40
R170363 11 17 218104307011 1,185.12 112.48
R170364 12 17 218104307012 1,185.12 112.48
R170365 13 17 218104307013 1,185.12 112.48
R170366 14 17 218104307014 1,185.12 112.48
R170367 15 17 218104307015 1,185.12 112.48
R170368 16 17 218104307016 1,185.12 112.48
R170369 17 17 218104307017 1, 185.12 112.48
R170370 18 17 218104307018 1,185.12 112.48
R170371 19 17 218104307019 1,185.12 112.48
R170372 20 17 218104307020 904.44 82.84
R170373 21 17 218104307021 904.44 82.84
R170374 22 17 218104307022 904.44 82.84
R170375 23 17 218104307023 904.44 82.84
R170376 24 17 218104307024 904.44 82.84
R170377 25 17 218104307025 904.44 82.84
R170378 26 17 218104307026 966.80 91.76
R170379 27 17 218104307027 904.44 85.84
R170380 28 17 218104307028 904.44 85.84
R170381 29 17 218104307029 904.44 85.84 ---
R170382 30 17 218104307030 904.44 85.84
R170383 31 17 218104307031 904.44 85.84
R170384 32 17 218104307032 904.44 85.84
R170385 33 17 218104307033 904.44 85.84
----
Total $ 33,637.96 $ 3,174.58
-----~--··---
Average $ 1,019.33 $ 96.20
RDC GarCo Property Taxes 2006.xls
FORECAST-
June -t !',·· .. -
U.S. and Denver/Boulder
Consumer Price Index (CPI)
Consumer Price Index-All Urban Consumers Consumer Price Index-All Urban Consumers
Not Seasonally Adjusted Not Seasonally Adjusted
Area: U.S. city average Area: Denver-Boulder-Greeley, CO
Item: All Items Item: All Items
Base Period: 1982-84=100 Base Period: 1982-84=100
Data extracted on November 5, 2006
~lit,j~i5t~~;~,;,,.~\IA. ~· : · ·'-~' .;:,~:.c:'~~··•••flfll\~~t)~;,, ... ,
Percentage Percentage Budget
YEAR CPI Chan9e YEAR CPI Change Year
1982 96.5 6.2% 1982 95.1 9.1%
1983 99.6 3.2% 1983 100.5 5.7%
1984 103.9 4.3% 1984 104.3 3.8%
1985 107.6 3.6% 1985 107.1 2.7%
1986 109.6 1.9% 1986 107.9 0.7%
1987 113.6 3.6% 1987 110.8 2.7%
1988 118.3 4.1% 1988 113.7 2.6%
1989 124.0 4.8% 1989 115.8 1.8%
1990 130.7 5.4% 1990 120.9 4.4%
1991 136.2 4.2% 1991 125.6 3.9%
1992 140.3 3.0% 1992 130.3 3.7%
1993 144.5 3.0% 1993 135.8 4.2% 1994-95
1994 148.2 2.6% 1994 141.8 4.4% 1995-96
1995 152.4 2.8% 1995 147.9 4.3% 1996-97
1996 156.9 3.0% 1996 153.1 3.5% 1997-98
1997 160.5 2.3% 1997 158.1 3.3% 1998-99
1998 163.0 1.6% 1998 161.9 2.4% 1999-00
1999 166.6 2.2% 1999 166.6 2.9% 2000-01
2000 172.2 3.4% 2000 173.2 4.0% 2001-02
2001 177.1 2.8% 2001 181.3 4.7% 2002-03
2002 179.9 1.6% 2002 184.8 1.9% 2003-04
2003 184.0 2.3% 2003 186.8 1.1% 2004-05
2004 188.9 2.7% 2004 187.0 0.1% 2005-06
2005 195.3 3.4% 2005 190.9 2.1% 2006-07
2006 202.1 3.5°k 2006 197.4 3.4% 2007-08
2007 207.0 2.4% 2007 204.3 3.5% 2008-09
2QQI 211.1 2.0% 2008 211.2 3.4% 2008-2010
Source: Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm)
*Focus Colorado: Economic and Revenue Forecasts, June 2006, Legislative Council Staff, Colorado General Assembly
(http:/i\vwN .state.co.us/gov _dir/leg_dir/lcsstaff/Scrollpages/EconForecastScroll06.htm)
other Economic Publications, Consumer Price Index 2006, Legislative Council Staff, Colo. General Assembly
(http:/i\vwN.state.co.us/gov_dir/leg_dir/lcsstaff/Scrollpages/EconOtherScroll.htm)
Office of Budgets and Institutional Analysis 11/09/2006
I 111111 Ill\\ 111\111\tll 111\11 lllH \llll \ll 11\11 Hll 111\
913446 81/15/1991 81:28P 81181 P41~ ~TY CLER
1 of 7 R 1.00 D 0.00 K e.ee GMF
STATE OF a>J.,ORADO )
)ss
County of Garfield )
At a RBGVLU meeting of the Board of County Commissioners for Garfield
Couoty, Cobado, held it the Courthouse in Glenwood Springs on Monday the 13th day
of JARUARY AD. 19 97 there were present:
-Marian-·_..1....i. S11111mitb .... ·----------'' Commissioner Chairman
_.....E11111mer--.,.(BtaJG11111k111111exr,,J,)~Ar~he.,..neyat,J... _____ _,, Commissioner
-6.IA~m-n.WuMuoo--kky-.J-_______ __,.Commissioner
--Po~n--PeF-..ao_rd ___________ _,,CountyAttorney
--.u'MiMklred-..-A...-\sdo~n.__ _______ ~,ClerkoftheBoard
--Cbarlm--....1)sidiepcs~----------'' County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 97-04
RESOLUTION CONCERNED WITII THE AMENDMENT OF THE "SUBDMSION
REGULATIONS OF GAR.FJELD COUNTY, COLORADO, OF 1984" ADDING SECTION 4:94.
WHEREAS, TJlJe 30, ArticJe 28, Section 133, C.R.S., as amended, provides for the approval
of all subdiv&on plans and plats, and the adoption of regulations governing such plans and plats by
the Board of County Comnrissionors for the unincorporated areas ofOarfie.ld County, Colorado;
WHEREAS, pursuant to said authority, the Subdivision Regulations of Garfield County may
be amended by the Board of County Commissioners ftom time to time;
WHEREAS, the amendment of said Regulations have been recoJJJIJ]flO(foi by the Garfield
County Planning Comnrission to thW Board, on November 12, 1996;
WHEREAS, tJm Board has given notice of public hearing upon such amendments to tbe
"Subdivision Regulations of Garfield County, Colorado, of 1984," by at least one (l) publication in
a newspaper of general circulation in Garfield County, such hearing having been held on January 7~
1997, and tJm Board laving giwn full consideration to the recommendations of the Garfield County
Planning Commission; and
1111111111111111111111111111111111111111111111111111111
!583441 11/1!1/1917 11:20P 81018 P430 447
2 of 7 R 0.00 D 0.00 N 0.00 GARFIELD COUNTY CLER
WHEREAS, this Board deems it necessary and advisable to adopt these ·btendments to the
Subdivision Regulations for the purpose of promoting and protecting the health, safety, welfare,
morals and general prosperity of the inhabitants of Garfield County, Colorado, by establishing
ndnimum standards for the design and development of subdivisions, in accordance with the
requirements of Title 30, Article 28, Section 133, C.R..S., as amended.
NOW, TIIBREFORE, BE IT RESOLVED by the Board of County Counnnsioners of
Garfield C.Ounty, CoJorado, at its meeting held on the 7th day of January, 1997, that said "Subdivision
Regldatinns of Omfield County, Colorado, of 1984," shall be 81JJC!DdM by the addition of section 4:94
with the following:
4:94 01f-site road impacts shall be ~valuated for subdivisions through completion
of a traffic study identifying the volume of traffic generated from the
development, based on Trip Generation Rate calculatiom utilizing the most
current Institute ofTmffic Engineers, Trip Generation Manual, to establish an
Average Daily Tratlic (ADT). The road impact fee shall be established as a
result of entering the applicable data identified in the Road Impact Fee
CaJculation Work Sheet located in Appendix A
Fdly perceot (SOOIO) of the road impact fees shall be collected at the Final plat
for a subdivision, if the affected County road project is scheduled to start
within five years in a Capital Improvements PJan adopted by the Board of
County Commiuinoers. AD other road impact fees will be coJlected at the
issuance of a building permit
Any roa,Umpact fees collCcte:xr will-tie put into a separate interest tiearfug
account in the County Treasurer's office, ti>r each road that impact fees are
collected. All fees collected and interest accrued must be spent on capital
improvements to the specific road for which the fees were collected within
twenty (20) years of the date that the fee is estabmbcd. All capital
expenditures must be comistent with the capital improvements plan used as
a basis tOr establishing· the fee. If after twenty (20) years, the fees collected
have not been spent in accordance with the capital improvmmts plan used
to establish the tee, all fees will be returned to the land owner of the property
usessed an impact fee, with interest accrued.
To the extent the County has expended funds consistent with a capital
improwmus plan for a particular road and a property owner has not paid a
road impact fee as iequired for a building permit which establishes additional
ADT, the impact fee shall be collected at the time a building permit is issued
to recoup the expenditures. Any fees collected after the completion of an
identifitAl road project, will be credited to the appropriate project and will be
used to reimburse the Coumy for the funds advanced to complete the project.
---·-·-···--··-
I tlllll lllH llHll lltll llllll 11111 lllll l\l lllll llll llll
983441 81/15/1991 01:28P 81016 P431 447
3 of 7 R 0.00 D 0.01 N e.ee GARFIELD COUNTY CLER
The County may use road impact fees for a specific road improvement
idmtified m a critical ficility witba high priority for health and safety reasons
in a capital Improvements Plan adopted by the Board of County
Co1mnRrioners, in advance of the completion of the entire road improvement
project. Any such use of funds must be consistent with the basis for the
impact fee. It; after the use of road impact fees for a critical facility road
jqxovement., the County fiWs to complete the entire project identified in the
capiaal iqm~rements plan within the twenty (20) )'e8l" period of collection, the
proportionate sbare!t with interest, will be returned to the owner of the
property suiject to the impact fee based on the actual amount of the
expenditures made on a particular road system.
As a part of the Capital Improvements Plan, the Board may determine that
certain portions of the road improvements to a road are critical to comp~
bei>re there are any additional traffic gentiating uses added to the road. If a
development is proposed before the County has scheduled to make the
necessary improvements identified in the Capital Improvements Plan, the
developer may be allowed to pay the total cost of the necdC<l"iioprovements
prior to the Coumys schedule. The County will reimburse the portion of the
cost that exceeds the amount that would be applicable for road impact fees,
plus interest, by the time that the project bad originally been scheduled to be
completed.
If the Board of County Commissioners have not established a base road cost
per ADT for the area in question, the applicant will not be obligated to
provide an analysis of the oft:.site road impacts.
APPENDIX A
IMPACT Ji'EE WORK SHEET INSTRUCTIONS
A Note the name of the project or fee payer on line 1 as well as the type of land use.
B. Enter the road cost at the point of service on line 2. The road cost will be based
on a Capital Improvements PJan adopted by the Board of County Commissioners.
C. Enter the road capacity (expressed in Average Daily Trips [ADT]) at the point of
service. This may be determioed by the Special Report 209, Highway Capacity
Manual (1994, Transportation Research Board).·
D. Calculate the base road cost per ADT at the point of service by dividing Line 2 by
Line 3. Enter the result on Line 4.
1111111111111111111111111111111111111111111111111111111
!583441 81/19/1997 11:21P 81806 P432 447
4 of 7 R 8.80 D 0.80 N 0.80 GARFIELD COUNTY CLER
E. Determine the ADT per Land Use from the ITE Trip Generation Manual or
another credible source accepted by the Board and enter the result on Line S.
F. Calculate the Base Traffic Impact Fee for the type of Jand use by multiplying the
ADT per Land Use (Line S) by the Base Road Cost per ADT (Line 4) and enter
the result on Line 6.
G. Calculate Tax Credits as follows:
a. Enter the equivalent of 8001(, of the Road and Bridge property tax mill levy
(fur 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.
c. Enter the Road Design Life (in years) on Line 9.
d. Enter the Present Worth Factor (PWF) on Line 10. The PWF for various
combinations of Tenn and Discount Rates is found in the Appendix.
e. Ca1cuJate the Net Present Value of the tax credit by multiplying the Road
& Bridge equivalent tax (Line 7) by the PWF (Linc 10}. Enter the resuh
on Line 11.
H. CalcuJate the UNADJUSTED ROAD IMP ACT FEE by subtracting the tax credit
(Line 11) from the Base Traffic lmpact .. Fee (Line 6). Enter the results on Line 12.
I. CalcuJate the INFLATION ADJUSTMENT as fullows:
a. On Line 13, enter Denver-Boulder Consumer Price Index (CPI) for the
year the 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 14. [If the
current CPI is not available, use the average rate of change for the 1ast
three years to derive the current year index.]
c. CalcuJate the Inflation Factor by dividing the entry on Line 14 by the entry
on line 13. Enter the Result on Line 1 S.
J. Calculate the PRE-CONSTRUCTION INFLATION ADJUSTMENT IMPACT
FEE by multiplying the Unadjusted Road Impact Fee (Line 12) by the Intlation
Factor (Line 15). Enter the result on Line 16. Note: This adjustment is not
necessary if the construction cost estimate is ·determined the same year as the fee is
collected.
I llllll lllll llllll lllll 11111111111111111111111111111111
983441 91/19/1997 01:28P 11006 P433 447
!5 of 7 R 0.80 D 0.00 N 0.00 GARFIELD COUNTY CLER
K. Calculate the POST-CONSTRUCTION ADJUSTED IMPACT FEE as foDows:
a. Enter the County's Discount or Investment Rate on Line 17. If the road
construction was fimtnceti, derive the finaooed rate :from the debt
repayment schedule prepared for the financing and substitute the derived
rate for the Discount Rate.
b. Enter the number of years since the road was constructed on Line 18.
c. Detenninc the Compound Interest Multiplier from Appendix A. Enter this
multiplier on Line 19. In the case of debt financin& enter the imputed
multiplier :from the debt service schedule prepmed tbr the finance
imtrument.
d.: Calculate the POST-CONSTRUCTION ADJUSTED IMPACT FEE by
multiplying the UNADJUSTED ROAD IMPACT FEE (Line 12) by the
Compound Interest Muldplier (or imputed finance multiplier) :&om Line
19. Enter the result OD Line 20.
ROAD IMPACT DI f;ALCIJLA'DQN WOBJ( SHEET
1. Project/Land Use
2. Base road cost to point of service $
3. Road Capacity to Point of Service (in ADT) ADT
4. Base Road Cost per ADT to Point of Service $
s. ADT per Land Use ADT
6. Bue Traflk Impaet Fee per Land Use $
JAXCBJDIIS
7. 80% of Annual Road & Bridge Property Tax per Land Uses S
8. County Discount Rate $
9. Road Design Life (Years) Years
10. Present Worth Factor (PWF -:from appendix A)
11. Tax Credits =Property tax equivalent x PWF $
1111111111111111111111 llllU 11111111111111111111111
!13448 91/1!5/1197 81:21P 11111 P434 447
I of 7 R 8.11 D 1.81 N I.II GARFIELD COUNTY CLER
12. UNADJUSTED ROAD IMPACT FU per Laad U• $. _______ _
(Bw TAX CBWIIS
13. Denver-Boulder CPI Year of Cost Estimate
14. Denver-Boulder CPI Year oflmpact Fee Calculation
15. Inflation Factor
(CPI fur Collection Year/CPI of Year of Cost Estimate)
16. PRE-CONSTRUCTION INFLATION ADJUSTED ROAD
IMPACT FEE
POST..CONSTBUCDQN CQSTAD.llJSDJINT
17. DiscoUDt Rate or Finance Rate
_______ %
18. Term(Years) ______ Years
19. Compound Interest Multiplier
20. POST..CONSTRUCTION ADJUSTED ROAD IMPACT RE $. ____ _
Dated this 14th day of __ ..... JaOllolljn ... nAolary....,_ __ __,,, AD. 1991
AITEST:
~~ k of the Board
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
1111111 lllll llllll lllll llllll lllll lllll lll lllll llll llll
583448 01/15/1997 81:20P 81016 P435 441
1 of 7 R 0.01 D 1.00 N 9.10 GARF1£U) COUNTY CLER
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COIUUSSIOBBB CBAIBMAN MABIAN I. SftlTQ Aye
COIUIISSIOIBR ARMOLD L. MACKLEY Aye
CoflMTSSIQBBR BJ.MER (BUCKBY) ApBANU Aye
STATBOFCOLORADO )
)ss
County of Garfield )
I, County Clerk and ex-officio clerk
of the board of County Commissioners in and for the County and State atOresaid do hereby certify
that the annexM and foregoing Order is truly copied from the Records of the Proceedings of the
Board of County Commiuioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixecl the seal of said
County, at Glenwood s~ this day of A.D. 19 __
County Clerk and ex-officio Clerk of the Board of Couuty Commissioners
---··-· ·--
STA TE OF COLORADO )
)ss
County of Garfield )
11111\1 11111111111111111111111111 01111111 011111111111
517938 12/17/1997 02:11P 8184& P808 ft ALSDORF
1 of 4 R 0.11 D 0.00 GARFIELD COUNTY CO
At a REGULAR meeting of the Board of County Commissioners for Garfield
County, Colorado, held at the Courthouse in Glenwood Springs on MONDAY the 8th day
of DECEMBER A.D. 19 97 there were present:
_....Mari_._an_I ...... S...,mi-· ..... th..__ _______ _. .. Commissioner Chairman
_.....,Jo..,.hn-...Marti--·n..__ __________ , Commissioner
_L ... any-..-.... M.,.c...,C...,o....,:wn __________ ., Commissioner
_0oni:;.xa111_De"""""'"F,....ord..._ _____ . ____ _, County Attorney
_...,Mi_·-ldred .......... A ... lsd....,o .... rf~--------• Cleric of the Board
_c""h.ar .... les-...Pesc~-hue:&enemsr.-_______ ., County Administrator
when the following proceedings, among other& were had and done, to-wit
RESOLUTION NO. 97-l 11
RESOLUTION CONCERNED WITH THE ADOPTION OF A PORTION OF THE GARFIELD
COUNTY CAPITAL IMPROVEMENTS PROGRAM ESTABLISHING ROAD IMPACT
DISTRICTS AND THE ASSOCIATED COST OF ROAD IMPROVEMENTS.
WHEREAS, Title 30, Article 28, Section 133. C.R.S., as amended, provides for the approval
of all subdivision plans and plats, and the adoption of regulations governing such plans and plats by
the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado;
WHEREAS, by Resolution No. 97-04. adopted a road impact fee requirement for
subdivisions and a formula for the calculation of road impact fees;
WHEREAS, the Board is required to establish a road cost based on a Capital Improvements
Plan-adopted.by. the.Board,.to.establish-a.road impact.fee for a subdivision;_
WHEREAS, the Board has held public meetings to consider the adoption of a Capital
Improvements Program , which for the purposes of this resolution shall be known as the Garfield
Comrty Capital Improvements PJ8n;
WHEREAS, this Board deems it necessary and advisable to adopt the portions of the afore
mentioned Capital Improvements Plan addressing the Road and Bridge Inftastructure to establish
a cost for the purposes of establishing a road impact fee;
111111111111111111111111111111111111111111 01111111 1111
!17936 12/17/1997 02:01P 8104& P809 " ALSDORF
2 of 4 R e. 08 D 8. el GARFIELD COUNTY CO
WHEREAS, the Board deems it necessary to divide the County into districts for the purpose
of establishing cost of road improvements for an area and to establish a road impact fee for the area;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, at its meeting held on the 9th day of December, 1997, that the County
will be divided into traffic study areas shown on the attached Exhibit A;
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board that the aforementioned
traffic study areas shall have road impact fees based on the road costs and road capacity by area
identified on the attached Exhibit B and that the traffic study areas, road costs and road capacity may
be modified by resolution at a future date if more current costs and/or capacities are provided to the
Board through future study or actual expenditure of funds.
Dated this 1 7 day of December , A.O. 19-9.L.
ATTEST:
~~ Clerk of the Bo~
GARFIELD COUNTY BOARD OF COMMISSIONERS,
GARFIELD COUNTY, COLORADO
, _.! • _,... .A .. .rz.r. •' :~ ik&FJt:.---r< ~~ . .{.-/'C...-
Chaim1an
Upon motion duly made and se00nded the foregoing Resolution was adopted by the
·following vote:
~~C~OwMwM~I~S~S.IOMNl.Mo&<ER~C~H~A~I~R~MwA~Ni......uM~A~R~IA~N~I~.JS=M~I~T~H:.-.~~~~~_,,Aye
~~c~o~~~M~I~s_s_I=ON==roERu......::J=O=H=N;:.._:F~-...-.:.:M=A=R=T=lN:;.:_~~~~~~~~~~-,Aye
~~C=O=M~M=I=S=S=l=ON==ER..._.L=A=R~R~Y--.-L~·--M~C~C~OW~N--~~~~~~~~~---•Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, County Clerk and ex-officio Clerk of the Board of
Cotmty·£ommissio~ in-and-for· the ~ounty.and.State aforesaid,.do.berehy catify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my band and affixed the seal of said County,
at Glenwood Springs, this_ day of A.O. 19_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
..
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Exhibit B
Estimated Traffic Study Area Cost
·--..
..
Area 1 Totals/Fees 4.410.000
Area 2 Totals/Fees 1,640,000 --·
Area 3 Totals/Fees 1-----.. 3,830,000
Area 4 TotalsJFees 1.760.000
Area 6 Totals/Fees 3.410,000
..
-aa 520,000
**8b 1.no,000
-ac 790.000 .......
**Bd ····-· ··-710,000
-ae .. ~ ·-· 1,600,000
**Bf 1,810,000
..... _ -sa 2,220,000
-Area 8 Totals 8.706.000
Area 9 Totals/Fees 2.240.000
Area 10 Totalslfees 3.160.000
A.wa 11 TotalslFees A.220.000
1111111 11111 111111 llllll lllll llll lllll "' 11111 Ill 161
9t79S& 12i-1!f1·1tn· R:81P. 81846-PIU. "· ALSDORf
4 of 4 R 9.88 D e.ee GARFIELD COUNTY CO
Level of Deaign
service Capacity CostJADT
(LOS) (ADT)
-·-·-· .. -· .... -
-.........
E 16,726 $280
E : 13.800 $112 .. ·-
E 16,917 $226 -
E : 16.917 $104
E 1t200 $210
..
E 17.000 $31 -
E 11.oooi $104
E 11,7001 $68 . ···-
E 11,700 $61
E ···+--·-· ~~:~~ $137
E $155 --
E .. J.1.!?Q9 $190 ·---I
E •· I __ ,, . ., ·-·
E ·--18,433 $122
E 16.200 $195 -
E 16.200 S384
** All Area 8 road impact fees will be cumulative, based upon the area in which the subdivision
is proposed to be located, i.e. , if you live in Area Sc, the cost/ ADT is the sum of 8a + Sb + Sc or
$31 +$104+$68= $203/ ADT. Each area cost/ ADT is based on a calculation using the formula
adopted as a part of the Subdivision Regulations to establish Road Impact fees. Also for the
purposes of the calculation, Areas 8a and Sb are included in all calculations since they are areas
common to the City and County related to Midland Avenue and a bridge crossing to Highway
82.
EXHIBITD·
RELINQUISHMENT OF SURFACE RIGHTS
AND NONDISTURBANCE AGREEMENT
THIS RELINQUISHMENT OF SURF ACE RIGHTS AND NONDISTURBANCE
AGREEMENT ("Relinquishment") is made as of the __ day of , 2007, by Gene
R. Hilton and Mary J. Hilton and The Rapids Development Corporation, a Colorado Corporation
(collectively "RDC"), whose address is 2102 West Arapahoe Drive, Littleton, Colorado 80120-3008
to Rapids on the Colorado Homeowners Association, a Colorado Corporation ("RCHA"), whose
address is 2102 West Arapahoe Drive, Littleton, Colorado 80120-3008.
1. Purpose. The purpose of this Relinquishment is to relinquish rights ofRDC to enter
upon and use the surface of the Property, as hereinafter defined, in connection with the development
of mineral resources.
2. Property. The "Property" shall mean that certain real property located in the County
of Garfield, State of Colorado, contained within Rapids on the Colorado Homeowners Association
PUD, north of County Road 335, County of Garfield, State of Colorado.
3. Relinquishment of Surface Rights. RDC, for itself, its successors and assigns,
hereby relinquishes and quit claims to RCHA, its successors and assigns, for the period of time as
hereinafter specified, all rights of RDC and its successors to enter upon the surface of all or any
portion of the Property for any purpose in connection with the development, utilization or extraction
of any minerals, mineral rights or mineral substances or coal, oil, or gas owned by RDC and its
successors (collectively "Minerals") or any other purpose related to the use or enjoyment of the
Minerals.
4. Continued Title to Minerals. RDC's underlying interests in the Minerals in
connection with the Property shall in no way be affected by this instrument. In addition, RDC, for
itself, its successors and assigns, excepts and reserves and shall retain the right to develop and
remove any such Minerals by slant drilling, subterranean entry or other means or operations
conducted on the surface of any parcel as to which RDC may then have rights of surface use or by
any other suitable means or methods, provided, however, that any such slant drilling, subterranean
entry or other operations conducted on the surface of any such parcel or such other suitable means
or methods can be employed without entering upon or using the surface of all or any portion of this
Property or any adjoining street, right-of-way, or other area dedicated for public use, and without
entering onto, using, endangering, impairing, or affecting the support of all or any portion of the
surface of the Property or any existing or future improvement, adjoining streets or rights-of-way or
other area dedicated to public use, and without any other interference with the RCHA's use of the
surface of the Property.
5. Term of Relinquishment. The relinquishment of surface rights by RDC shall be
permanent.
IN WITNESS WHEREOF, RDC has executed this-Relinquishment of Surface Rights as of
the day and year first above written.
RDC:
ATTEST: RAPIDS DEVELOPMENT CORPORATION
By: ___________ _ By: _____________ _
Mary J. Hilton, Secretary Gene R. Hilton, President
RAPIDS ON THE COLORADO HOMEOWNERS ASSOCIATION
By: _____________ _
Gene R. Hilton, President
STATEOFCOLORADO )
) SS.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this __ day of 2007 by Gene R. Hilton,
President of Rapids Development Corporation and Mary J. Hilton, Secretary of Rapids Development
Corporation, and by Gene R. Hilton, President, Rapids on the Colorado Homeowners Association.
Witness my hand and official seal.
My Commission expires: __ _
Notary Public
{SEAL}
1:\2007\Clients\Raplds-1407\AgJ<ements\linqullhment Agreement -02--07.wpd 2
Mountain Cross Engineering, Inc.
Civil and Environmental Consulting and Design
826 Yi Grand Avenue, Glenwood Springs, CO 81601
Ph: 970.945.5544, Fax: 970.945.5558
LETTER OF TRANSMISSION
DATE: 01/29/07
TO: Mr. Fred Jarman, Garfield County
FROM: ChrisHale~··
RE: Rapids on the Colorado, Preliminary Plan
Per comments by Resource Engineering, attached is:
• One (1) copy of the full size Drainage Plan: 24"x36"
The berm for mud and debris flow conveyance has been extended to the west along the
back of the lots, per the comments of Resource Engineering. Feel free to call with any
questions, concerns, or comments.
C: Gene Hilton, #303. 798.1750
RECEIVED
JAN 2 9 2007
GARFtt: o BUILDING~ PCOUNry
LANNING
1+00
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•
MOUNT/\IN CROSS
fN<ilNffRIN<i, INC.
Clvll and Envlronmantal Conaultlng and Design
826112 Grand Avenue Glenwood Springs, CO 81801
ph 170.141.5144 fx 170.M5.5958-.rnoun111111C1'0M411g.com
Profile View
HORIZONTAL SCALE: 1" = 50'
VERTICAL SCALE: 1" = 25"
~\
Plan View
The RAPIDS on the COLORADO
Waste Water Treatment Plant
Landscaping Alternative
SCALE
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AV£8AGE LOT ARRANGEMENT
NOT TD SCALE
LOT LINE SETBACKS
~ n ...... 17-llM
non: IO" :; lllAll: 10'
BIDS: Ii' Ii'
PARKING
112' on-8l'llll'l'
PAlllDIG IP.lClll
OWNER/ .APPUCANT:
RAPIDS Dln'BLOPlllNT CORPORATION,
RAPIDS ON TBB COLORADO BOMBOWNBBS
ASSOCIATION, Gene IL IDltou, a. llar,y I.
Bilton
2102 'W. ARAPAHOE DRIVB
urn.nGN, CO 80120-3008
ENGINEER:
llOUNTAIN CROSS BNGINIBRING, INC
Chris Bale, Pl
828 K Grand Avenue
Glen'IJOOd Sprlnp, CO 81801
Ph: 970.9'6.156'4 JU: 970.IM6.15tiC18
SURVEYOR:
Rlcberd Bolsan, PLS
•77S Count,-Road 21'
Silt, CO 8Ulll2
Ph/Pu: 970.878.294.7
MINERAL LEASES OD
OPEN SPACE TRACT
SOUTH OF CR 335:
BJLL BABRBTT CORPORATION
1089 18th stnet.
Denver, co 80202-1908
MINERAL OWNERS:
Gene R. Bilton le llar,y I. Bilton
2102 'W. AIW'AllOI DllVI
JJTJUTON, CO 80120-3008
Pederal Luld Bank
'Wiohita, KN
THE COLORADO
DEVELOPMENT
SEC. 5 & NE 1/4 SEC. _ 9
THE 6TH P.M.
TY, COLORADO
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09/26/06
SCALE
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PrePlan104Lots
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EXHIBITF
EXHIBITG
PRELIMINARY BUDGET
--·
------~--~~---··------
Rapids on the Colorado Homeowners Association
Estimate Common Area Maintenance and Utilities
Amount
COMMON AREA MAINTENANCE
REVENUE
Number of Lots 104
Monthly HOA Fee Per Lot I 95
Monthly HOA Fee $ 9,880
Months Per Year 12
Annual HOA Fee Revenue $ 118,560 $ 118,560
EXPENSES
Mow 25.5 Acres 30 Times X12 Hours In Labor
Snow Plow roads, sidewalks and trails In Labor
Tractor and Mower Rental or Purchase 10,000
Labor -52 Wks x 40 Hr/Wk x $20 Per Hour 41,600
Landscape Supplies -flowers, shrubs, tools 10,000
Spring Fertilize 25.5 Ac x 43,560 sf = 1, 111 K s1 3,550
Fall Fertilize 111 bags at $32.00 = $ 3,552 3,550
Herbicides 2,000
Fuel -28 weeks X 5 Days/Wk = 140 Days x $14 1,960
Liability Insurance 12,000
Bank Service Charges 400
Management Fee 2,400
Accounting 600
Legal Fees 500
Administrative Costs -Stamps, Repro, Mailing 1,000
RESERVE FUNDS
Potable Pump and Well Replacement - 5 Years 4,000
Non-Potable Pump Replacement - 5 Years 4,000
Road Repair -2-inch every nine years 16,000
Tractor and Mower Replacement-Ten Years 5,000
Total Expenses and Reserve Fund $ 118,560 $ 118,560
HOA Chart Accounts Budget.xis 412512007
Amount
-----f--
------·· f---.----·----·--·· --
HOMEOWNERS UTILITY SYSTEMS
WATER SYSTEM {POTABLE}
Revenue
Estimated In-House Use Gallons/Day 161
·-~----
Number of Days 31
Monthly Useage -Gallons 5,000
Round Up to Thousands 5
Rate 1,000 to 11,000 Gallons Per Month $ 3.50
Consumption Charge $ 17.50
Service Charge 16.00
Monthly Potable Charge Estimate $ 33.50
Annual Revenue Estimate X 12 $ 402.00
Number of Units 104
Annual Revenue -104 Units $ 41,808
ExRenses Annual
West Divide Contract $ 508
Professional Operator 12,000
Chemicals and Replacement 2,500
Electricity 6,000
Maintenance and Tests -Lines, Tank, Meter. 11,400
Reserve For Replacement 9,400
$ 41,808 $ 41,808
HOA Chart Accounts Budget.xis 4125/2007
Amount
·------·-------------
··----·-~----~-··--·--·--··---~~-
WATER SYSTEM (NON-POTABLE) As;!r-Oct
Estimated In-House Use Gallons/Day 400
Number of Days 31
Monthly Useage -Gallons 12,400
Round Up to Thousands 13
Rate 1,000 to 22,000 Gallons Per Month $ 1.00
Consumption Charge $ 13.00
Service Charge 7.50
Monthly Non-Potable Charge Estimate $ 20.50
Annual Revenue Estimate X 12 $ 246.00
Number of Units 104
Annual Revenue .. 104 Units $ 25~584
ExRtnses
Electricity To Pressurize Line 7 x $1,500 $ 10,500
Professional Repairs and Maintenance 7,000
Maintenance -Lines, Tank, Meters, 3,084
Reserve For Replacement , Maintenance 5,000
$ 25,584 $ 25,584
HOA Chart Accounts Budget.xis 4/2512007
Amount
>------· --··-···------------~--------~--->-----------~----------·
·-·· r-------·------------··------------·--f------------
WASTEWATER TREATMENT
Revenue (No Tax Su1u~ort}
Monthly Service Charge $ 39
Number of Units 104
Monthly Revenue $ 4,004
Annual Revenue ( X 12) $ 48,048
Exe!nses Annual
Electricity 12,048
Professional Operator and Tests 12,000
Maintenance -Collector Lines and Plant 16,500
Reserve For Replacement 72500
$ 48,048 $ 48,048
HOA Chart Accounts Budget.xis 412512007
EXHIBITH