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HomeMy WebLinkAbout4.0 BOCC Staff Report & Exhibits 02.17.2015Board of County Commissioners, February 17, 2015 — continued from 1/12/15 Vagneur Minor Subdivision Exhibit Letter (A to Z) Exhibit A Public notice Affidavit and Mail Receipts B Garfield County 2013 Land Use Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Staff Presentation G Email dated December 4, 2014 from Mike Prehm, Road & Bridge H Letter dated December 11, 20I4 from Steve Anthony, Vegetation Management I Letter dated December 11, 2014 from James Lindt, Town of Basalt J Letter dated December I8, 2014 from Jill Carlson, Colorado Geologic Survey K Letter dated December 18, 2014 from Chris Hale, Mountain Cross Engineering L Letter dated December 17, 2014 from Megan Sullivan, Division of Water Resources M Letter dated December 22, 2014 from Morgan Hill, Environmental Health N Letter dated December 17, 2014 from Bart and Faith Lipori 0 Memo dated December 23, 2014 from Scott Aibner, County Engineer P Staff comment letter dated December 22, 2014 Q Revised Draft Plat received January 5, 2015 R Revised Draft Covenants Conditions and Restriction received January 5, 2015 S Revised Draft Improvements Agreement received January 5, 2015 T Draft Resolution U Email dated January 8, 2015 from Carla Westerman of Source Gas V Letter of request, dated January 9, 2015 from Doug Pratte W Email dated January 9, 2015 from Carolyn Strautman — Kerst & Strautman, PC X Letter dated January 9, 2015 from Wayne Vagneur Y Email dated January 9, 2015 from Ashleigh O'Leary Z Letter of authorization dated February 3, 2015 AA Revised cost estimates for public improvements, dated February 6, 2015 BB Revised Site Plan CC Revised Draft Covenants received February 9, 2015 PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. J.1 My application required written/mailed notice to adjacent property owners and mineral owners. ?Af Mailed notice was completed on the 1 cJ-11lay of ber 11( Ali owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. `I( All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. 1 testify that the above information is true and accurate. Name: duh, Signature:/9=762_, Date: /- (- / 5 eat 0too in r-4- ra.i Sweet Apt Na; Haft, � orFOS==No. / % 3 /'7 /-Iw . cip: Stale, ZIP+4 g2 _-- , &25 ru r- 7013 1710 0000 9279 U.S.'Postal Service-, CERTIFIED MAIL•.1 RECEIPT (Domestic Mall Only' No lo.surance [:areroga Prov;drsp') Far: delivery tnforrnat'uri vI It aura t �:1r at> rr�y, op F.. CUM..? Th.../ .., r Pig:33131A L USE Postage -S•- K���9 0538 ceruses fee too • Return R - Ip1,Fee rn� r• r J Restricted Del fee (Endorsement Ragtime) Total Postage &` ea` 43.791 12/12/2014 21 Postmark Here sent To C-reing.e Street Apt Na; -� ar PO Box No. crn Stats, ZIP+45rlouLY'r-+a ,\lit • Pr eo O , Sob 5$5 Nano Ad . :::i� '6' I-9I•ur.'tn,•:'. 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PROJECT INFORMATION TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVES LOCATION ACRES ACCESS WATER/SANITATION ZONING COMPREHENSIVE PLAN Referral to the Board of County Commissioners, Administrative Review — Vagneur Minor Subdivision Wayne and Lois Vagneur The Land Studio — Doug and Julie Pratte .5 miles west of the Garfield/Eagle County border on the south side of Old Highway 82 22.65 -acres Flying Fish Road Well / Septic Rural Residential Low Density -10+ acres per du 1 EXHIBIT II. DESCRIPTION OF THE PROPOSAL Figure 1 - Vicinity An Administrative application was submitted for a Minor Subdivision, with a request to create three lots from a 22.65 -acre parcel owned by Wayne and Lois Vagneur. Prior to a Director decision being scheduled the Director of Community Development determined that the decision could not be issued administratively as the proposed subdivision required public improvements as defined by the Garfield County 2013 Land Use and Development Code, as amended (LUDC). The LUDC, Section 4-203 K., Improvements Agreement, stipulates that the Board of County Commissioners (BOCC) must deem adequate the financial security, that the agreement must make reasonable provision of timely completion as determined by the BOCC, and that the agreement include security or collateral as approved by the BOCC. The Director has thus deferred the Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 Administrative decision and scheduled a public hearing for BOCC consideration and decision. The Applicant's request is to create three lots on 22.65 acres which lie between the Roaring Fork River and Old Highway 82 in the southeastern section of Garfield County. The property currently contains a single family home, agricultural uses and accessory structures. The Roaring Fork River, RFTA trail, the Basin Ditch and ditch laterals are all located within or adjacent to the property boundaries. The existing single family home was constructed in 1988 and is served by domestic well and septic system. The domestic well is currently permitted for use by three residences and is augmented by a Basalt Water Conservancy District contract. The Applicant proposes to share the well and has provided engineering plans related to the water supply and distribution system. This distribution system is considered a public improvement and therefore is a part of the Improvements Agreement. Onsite Wastewater Treatment Systems (OWTS) are proposed for the remaining two lots. Figure 2 Looking west from BLM parcel Access to the site from Old Highway 82 is via Flying Fish Road, a private road that currently does not meet the LUDC standards required in Section 7-107, Roadway Standards. Improvements to the road are 21 Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 proposed, particularly widening of the surface to aid in emergency vehicle access. This private road continues through the property to provide access to a BLM parcel to the east. Figure 3 - Looking east across the property from Flying Fish Road The Applicant has provided draft Covenants, Conditions and Restrictions (CCR's), a well sharing agreement and plat note restrictions regarding the subdivision responsibilities with regard to road maintenance, and maintenance responsibilities associated with the water supply and distribution system. The proposed Tots will range in size from 9.367 -acres for lot 1 to 6.459 -acres for Lots 3. The existing residence will be located within Lot 2 on 6.829 -acres. The lots will each contain a portion of the Roaring Fork River and associated 100 -year floodplain. The Applicant proposes Building Envelopes on Lots 1 and 3 to protect environmental resources such as the floodplain, riparian area, existing vegetation and an area of wetlands on Lot 1. All future 3I Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 improvements on these Tots will be required to be located within the proposed building envelope. Standard setbacks will apply to Lot 2 which contains the existing single family home. 111. ADJACENT USES/ZONING The Vagneur parcel is located west of the Garfield County/Eagle County border in the southeast portion of Garfield County. Residential densities and zoning is varied in this area and include Rural, Public Land, Residential Suburban and PUD zone districts. Parcels range in size from .31 -acres to north (Residential Suburban zoning), 4-11 acres to the east and west (Rural zoning), and public lands to the south. Uses are primarily agricultural residential in nature. Figure 4 Aerial view of vicinity IV. REFERRAL AGENCY RESPONSES Requests were sent to the following referral agencies, followed by a brief description of their responses: Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 Road and Bridge, Exhibit G —There is no impact to County Road System. Vegetation Manager, Exhibit H — Noxious weed concerns were adequately addressed in the Weed Management Plan. Environmental Health, Exhibit M - Proximity to the Roaring Fork River raised concerns regarding OWTS and stormwater management; drinking water quality appears to be sufficient. Mountain Cross Engineering, Exhibit K — A ditch/drainage is located within the envelope of Lot 1; the plat should show the proposed well building and include it in an easement; provide background data on floodplain delineation. Division of Water Resources —State Engineer, Exhibit L- The well is augmented with a water allotment contract with Basalt Water Conservancy District and the well test report shows an adequate physical water supply. The proposed water supply should be physically adequate and will not cause material injury. Colorado Geologic Survey, Exhibit J - The Applicant should be aware of issues related to the Roaring Fork River flood zone, including erosion and setbacks; subsidence and Eagle Valley Evaporite; septic systems will require engineer design due to soils and shallow groundwater. Town of Basalt, Exhibit I — The Town had no comments other than the property is located within the 3 - mile plan for the Town of Basalt. County Surveyor, Exhibit O — There were no comments. Source Gas, Exhibit U — A 6" steel gas line and dedicated easement runs the width of the property. The following agencies did not respond: Colorado Parks and Wildlife RE -1 School District Eagle County U.S. Army Corps of Engineers Kinder Morgan Carbondale FPD Bureau of Land Management Holy Cross Electric V. APPLICABLE REGULATIONS 5-301. MINOR SUBDIVISION REVIEW. C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate the following: 1. It complies with the requirements of the applicable zone district and this Code. Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 Staff Comment: The site is located within the Rural Zone District and the Applicant proposes to create lots that exceed the minimum lot size of 2 -acres. Two of the three lots contain proposed building envelopes in order to protect environmental qualities on the site including floodplain, vegetation and wetlands. These envelopes are more restrictive than standard setbacks required in the Rural zone. The height restriction of 25 feet will be met by structures constructed within the subdivision and maximum lot coverage will not be exceeded. 2. It is in general conformance with the Comprehensive Plan. Staff Comment: The Future Land Use Map (FLUM) designates this area as Residential Low Density which recommends 10+ acres per dwelling unit. The average within the proposed subdivision is 7.55 -acres per dwelling unit. The proposed subdivision is not compliant with the recommended density of the FLUM. The Applicant has reviewed and demonstrated general conformity with the Plan Elements, including Housing, Agriculture and Natural Resources. The BOCC is required to determine if the subdivision generally conforms to the Comprehensive Plan even if the proposal is not consistent with the FLUM. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Staff Comment: The Division of Water Resources responded to the request for comments, Exhibit L. They confirm that Well Permit No. 33380-F is permitted for use in three single family dwellings and that the site has an augmentation contract with Basalt Water Conservancy District. The intent is to provide water to each lot for household uses only. The Division also identifies a second well on the site, Permit No. 42190-F, issued in 1993 in case 90CW344 which limits the use of the water to irrigation of 23 acres of the subject site. The Applicants also own shares in the Basin Ditch for irrigation of the parcel. Physically, the well exists on proposed Lot 2 and a distribution system has been designed to pipe the water from the well to the boundaries of Lots 1 and 3. Cost estimates have been provided and an Improvements Agreement drafted that would assure completion of these required improvements. Figure 5 - Well 6I Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 A Well Sharing Agreement has been reviewed and a revised final document is included as a condition of approval prior to plat signature. 4. Satisfactory evidence of adequate and legal access has been provided. Staff Comment: The proposed subdivision is accessed by Flying Fish Road, a private road located off of Old Highway 82. Legal Access - A non-exclusive access easement appears to exist for the site. The Applicant has provided an attorney's opinion of the applicability of the easement to the proposed subdivision and the Title Company has stated that they will insure access to the Tots. Physical Access — The road does not currently meet the minimum requirements contained in Section 7-107 and the Applicant has proposed to improve the road by widening it in certain areas to allow for fire truck access. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Staff Comment: Required easements have been created for on-site ditches, access and the proposed water distribution system. The Source Gas easement and 6" gas line run through the building envelope on Lot 3 and the Applicant has agreed to relocate this gas line so that it will not impact potential building on Lot 3. This public improvement has been added to the draft cost estimates associated with the Improvements Agreement and will therefore be collateralized through this review process. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Figure 6 Southern area of property Staff Comment: The existing single family home is currently served by a mound septic system due to high water. The Applicant proposes to require that any OWTS within the subdivision be required to have an engineer designed system, as recommended by the Applicant's engineer, High Country Engineering. Environmental Health, Exhibit M, responded that the requirement for engineer design is consistent with other properties in the area and that Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 measures should be taken to ensure there is adequate space for percolation. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. Staff Comment: The Applicant has proposed to limit the area of construction on the lots to the area contained within proposed building envelopes. This protects any future structures from hazard areas such as floodplain and wetlands. Additional mitigation measures include engineer designed foundations and septic systems due to a high water table in the area, and a requirement for fire sprinkling of future structures will necessitate provision of individual water storage for firefighting purposes. Colorado Geologic Survey has responded to the Application, Exhibit J that the site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use and density. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Staff Comment: Adequate information has been provided on the construction costs for public improvements, including road improvements, relocation of the gas line, and a water supply and distribution plan. A revised draft Improvements Agreement has been submitted in response to staff comments, Exhibit AA, and will be reviewed by the County Attorney's office prior to BOCC signature. 9. AU taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Figure 7 — Vegetation in southern portion of site Staff Comment: All taxes due as of the submittal date of the application were paid. 10. All fees, including road impact and school land dedication fees, shall be paid. Staff Comment: Road impact fees are not applicable to this property. The Applicant has proposed to provide a fee in -lieu of School Land Dedication. A condition of approval is recommended regarding submittal 0I Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 of the fee prior to BOCC signature on the final plat. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. Staff Comment: Amendments have been made to the final plat that has brought it into compliance with the requirements of Section 5-402 F. Exhibit Q is shown below. VAGNEUR MINOR SUBDIVISION A PARCEL OF LAND SITUATED IN SECTION 32, T.7 S.. R.87 W. OrTMC OTM P M. COUNTY OF GARFIELD, STATE OF COLORADO • • mi Y.YYY 11. Am crrr —--- fr.nM.141..nr,l.ww•q �_.. .. w...w....ww. 43 Limon sr, -�4 3.67 Ac C1..14 1 AS ssp r.. : fid' • pr LIMDMIL4JIMINLUA4F1 . 4•••,...•••1 MOs_ y rn.www.r w•▪ ...09,1 0440.0.01 1.611.111 ea:oTi t-Z1m — Figure 8 - Exhibit Q, revised draft plat VI. STAFF ANALYSIS 1. Comprehensive Plan — The proposal generally conforms to the Plan Elements, with the exception of the Future Land Use Map, which designates the area as Residential Low Density with a recommended denstiy of 10+ acres per dwelling unit. The proposed subdivision would result in a density of 7.55 -acres per dwelling unit. Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 Review of the vicinity indicates that few of the surrounding parcels comply with the low density designation. An area directly north of the Vagneur site contains nine parcels that range in size from .3 -acres to 1.28 acres. This area is zoned as Residential Suburban and the FLUM designation of Residential Low Density requires 10+ acres per dwelling unit. It appears that only one other parcel in the immedate vicinity is compliant with the FLUM designation, with the exception of the BLM parcel. The proposal to subdivide the Vagnuer parcel would be consistent with other parcel sizes in the area. 2. Water Supply and Distribution Plan — It appears that adequate legal and physical water exists for the proposal. 3. Wastewater Management Plan — The site soils are limited in suitability for conventional septic tank absorption fields due to shallow groundwater, poor filtering capacity and rapid seepage. Environmental Health, CGS and the Applicant's engineer are all in agreement that an engineer designed system will be required. A note appears on the plat regarding this requirement. 4. Access — Flying Fish Road is a private road accessed off of Old Highway 82 which serves approximately eleven (11) existing parcels, a As you can see from the aerial photography, right, the existing road provides access to the Vagneur parcel. The proposed provision of improvements to the road will make it satisfactory to serve the proposed subdivision. The Applicant proposes to add plat notes regarding the private access so that potential purchasers of the lots are assured that adequate easements exist for the road. Figure 9 - Flying Fish Road 5. Improvement Agreement — A revised draft of the agreement has been submitted, Exhibit 5, which appears to have resolved the issues identified by Staff. A condition of approval is recommended to assure completion and acceptance of the document by the County Attorney's office. Collateral adequate to assure completion of the improvements will be submitted along with the final documentation for Board signature. 6. 100 -year Floodplain / Wetlands — The Applicant has proposed to include building envelopes on the two new lots which would limit construction on the site to that area outside the 100 -year floodplain and wetlands. 101 Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 7. The Source gas line and easement identified by Carla Westerman of Source Gas, Exhibit U, will be relocated. Updated costs for public improvements have been provided, Exhibit AA, and will be added to the Improvements Agreement. Staff concerns were provided to the Applicant in a letter included as Exhibit P. The Applicant appears to have adequately responded to the issues and has provided amended draft documentation for BOCC review, Exhibits Q, R, 5, AA and BB. VII. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 meeting. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the request for Minor Subdivision of the Vagneur Parcel is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with adopted conditions of approval, the application is in general conformance with Garfield County Comprehensive Plan 2030. 5. That, upon compliance with adopted conditions of approval, the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. VIII. BOCC CONSIDERATION AND DECISION Should the BOCC consider that the proposed Minor Subdivision is in compliance with the LUDC requirements; Staff suggests consideration of the following conditions of approval: 1. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 90 days within which to satisfy conditions of approval and provide the following 111 Board of County Commissioners February 17, 2015, continued from January 12, 2015 Vagneur Minor Subdivision — MISA8100 documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees; b. Improvements Agreement, and associated collateral, as approved by the County Attorney's office; c. Covenants, Condition and Restrictions, as approved by the County Attorney's office; d. A Well Sharing Agreement, as approved by the County Attorney's office; and e. Recording Fees. Staff requests that if the Board is satisfied with the Draft Resolution, included as Exhibit T (revised), that the motion includes authorization for the Chairman to sign the Resolution. 12r From: To: Subject Date: Kathy, Michael Prehrn Kathy A. Eastiev Vagneur Subdivision Thursday, December 04, 2014 1:40:54 PM Thanks for the opportunity to review the Vagneur subdivision proposal. Access to the proposed Tots from Flying Fish road and the possible widening in some areas of roadway ( per High Country's recommendations) will not have any impact on Garfield County Road system. Road & Bridge have no concerns with this proposal. If you have any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman / Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell Garfield County Vegetation Management December 11, 2014 Kathy Eastley Garfield County Community Development Department RE; Vagneur Subdivision MISA 8092 Dear Kathy, Thank you for the opportunity to comment. The Weed Management Plan in Exhibit A addresses our usual concems regarding noxious weeds in a sufficient and complete manner. Please let me know if you have any questions. Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625.5939 December 11, 2014 Kathy Eastley Garfield County Building and Planning Department 108 8Ih Street, Suite 401 Glenwood Springs, CO 81601 RE: Vagneur Minor Subdivision Application Referral- File MISA8092 Dear Kathy, Thank you for the opportunity to respond to your referral on the Vagneur Minor Subdivision Application. The Property is located within the Town of Basalt's 3 -mile planning area and is designated as existing land use on the future land use map included in the Town's 2007 Master Plan. The Town of Basalt has no comments regarding the proposed development of the three -lot subdivision. Sincerely, Jd'mes Lindt Assistant Planning Director Town of Basalt CC: Susan Philp, Town Planning Director 101 Mum AVE. • BASALT, CO 81621 • 970-927-4701 • FAX 974-927-4703 COLORADO GEOLOGICAL 1801 19th Street Golden, Colorado 80401 303-384-2655 December 18, 2014 Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Vagneur Subdivision File Number MISA8092: Garfield County, CO; CGS Unique No. GA -15-0003 Location: NE1,4 SE'.,a and SE% NE% Section 32, T7S, R87W of the 6th P.M. 39.4020, -107.1270 Dear Kathy: EXHIBIT I Karen Berry Stale Geologist Colorado Geological Survey has reviewed the above -referenced minor subdivision referral. I understand the applicant proposes to subdivide an approximately 21.6 -acre parcel located at 60 Flying Fish Road, between Carbondale and El Jebel, into three single-family residential parcels. Proposed Lot 2 contains an existing home, outbuildings, well and septic system. With this referral, I received a Vagneur Minor Subdivision submittal (The Land Studio, November 24, 2014), including an OWTS and Driveway Feasibility Letter (High Country Engineering, September 8, 2014), a Potential Wetlands analysis (Olsson, October 22, 2014), a Site Plan (High Country Engineering, November 5, 2014), and a Vagneur Minor Subdivision plat (High Country Engineering, September 10, 2014). The site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use and density. CGS therefore has no objection to approval of the minor subdivision application as submitted. However, the applicant should be aware of the following: Roaring Fork River flood zone, erosion, and setback. The site is located on the Roaring Fork River. The only relevant FEMA Flood Insurance Rate Map panel I could find is 080205 1880 B (January 3, 1986). It is difficult to determine whether the existing home is located outside of the mapped flood zone. The flood zone boundary shown on the applicant's site plan and plat does not appear to match that shown on the FEMA flood map, and the submitted documents do not provide an explanation for how the 100 -year flood zone boundary was determined, or what flood elevations were used, other than plat note 6, "Flood plain shown has been determined based on flood elevations on the preliminary FEMA flood plain maps from Garfield County." However, the flood zone elevation delineations seem to correspond to the base flood elevations shown on the FEMA FIRM panel, so if the applicant's survey and topographic contour and elevation data is correct, then the 100 -year flood zone delineation may be correct. Homes and improvements should be set back as far as possible from the flood zone and river channel to minimize risks associated not just with flooding but also river scour, erosion and undercutting. It appears that the building envelopes identified on proposed Lots 1 and 3 would result in future structures on these lots being located farther away from the river channel than the existing structure on proposed Lot 2. Subsidence. According to available geologic mapping (Kirkham, R.M. and Widmann, B.L., 2008, Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado: CGS, Map Series 36, scale 1:24,000), the GA -15-0003 1 Vagneur Minor Subdtvtston.dacx 3 34 PM. 1?. 18!2014 Kathy Eastley December I8, 2014 Page 2 of 2 site is underlain by alluvium, or stream channel, flood plain and low -terrace deposits consisting of gravel in a sandy or silty matrix. The alluvium is underlain, at an unknown depth (High Country Engineering estimates 13-14 feet), by Eagle Valley Evaporite. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite. A large subsidence feature has been identified on the other side of Highway 82, immediately north of the subject property. Infrequent sinkhole formation is still an active geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. The subsidence hazard should be evaluated as part of a site-specific geotechnical investigation, once building locations are finalized. If conditions indicative of subsidence or sinkhole formation are encountered during construction, an alternative building site should be considered or the feasibility of mitigation should be evaluated. The applicant and potential purchasers should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole after construction. Septic systems (OWS). The site soils are described by the NRCS Soil Survey as "very limited" in suitability for conventional septic tank absorption fields due to shallow groundwater, poor filtering capacity, and rapid seepage, which can result in insufficient filtration and groundwater contamination. I agree with High Country Engineering that mounded or otherwise engineer -designed OWSs will Iikely be required on the proposed lots. Since engineered septic systems tend to require more maintenance and have shorter lifespans than conventional systems, a backup OWS location should be identified on each lot. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Jill'Carlson, C.E.G. Engineering Geologist GA -I5-0003.1 Vagncur Minor Subdivision.docx 134 PM, 12/18/2014 December 18, 2014 Ms. Kathy Eastley Garfield County PIanning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Vagneur Minor Subdivision: MISA Nee Dear Kathy: MOUNTAIN CROs ENGINEERING, INC. Civil and Environmental Consulting and Design 1 EXHIBIT A This office has performed a review of the documents provided for the Minor Subdivision application for the Vagneur Subdivision. The submittal was found to be thorough and well organized. The following comments were generated: 1. There is a ditch/drainage easement that cuts through the building envelope of Lot 1 and drains across Lot 2. Drainages should be protected by any easement. The building envelope for Lot 1 should be revised as necessary. 2. The proposed well building is not shown on the plat. This should be shown and verified that it is included within an easement. 3. Floodplain delineation is provided however, the drawings do not provide elevation information of the adjacent floodplain. The Applicant should verify that floodplain elevation and permitting are not necessary with Garfield County. Feel free to call if you have any questions or comments. Sincerely, Mounin Cross En _ in erin,• , Inc. 826'/% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com (COLORADO Division of Water Resources 't , It ar N.rni ti �t snur,•a 1313 Sherman Street. Ronna 821 Ocev,r CO 80203 December 17, 2014 Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 84601 Re. Vagneur Minor Subdivision Section 32, T7S, R87W, 6th PM Water Division 5, Water District 38 Dear Mrs, Eastley: We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 22 acres into three approximately equally sized Tots. The current lot is known as 60 Flying Fish Road in Carbondale. The applicant indicates that they intend on providing water to all three lots through an existing well with Permit No. 33380-F. The applicant claims that the well is permitted for use in three single family dwellings and has an augmentation contract with Basalt Water Conservancy District. The applicant intends to treat wastewater through individual on-site septic systems for each lot. The information provided indicates that the intent is to provide water to each lot for household uses only. This office has records of two existing wells on this parcel. The well with Permit no, 33380- E was issued pursuant to CRS 37-90-137(2) on March 21, 1988 for use of the well constructed under Permit no. 28362-F. Uses are limited to household purposes (In -House only) for three single family dwelling units, including fire protection. The average annual amount of ground water to be appropriated shall not exceed 0.941 acre-feet. The maximum pumping rate of the well shall not exceed 15 gpm. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. The well with Permit no. 42190-F was issued on March 26, 1993 pursuant to CRS 37-92- 137(2) and the decree granted for the Vagneur Well no. 1 in case no. 90CW344, Division 5 Water Court. Use of water from the well is limited to the irrigation of 23 acres described as the portion of the SE1I4 of Section 32, Township 7 South, Range 87 West, 6"' P.M. The average annual amount of ground water to be appropriated shall not exceed 75 acre-feet. Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over -appropriated; therefore, an augmentation plan is required to offset 1313 Sherman Street Room 821, Denver, CO 80203 P 303 866.3581 F 303.866 2223 www,water.state.co. Kathy Eastley December 17, 2014 Vagneur Minor Subdivision Page 2 depletions caused by the pumping of any wells. The applicant has shown that Permit no, 33380-F has a water allotment contract with Basalt Water Conservancy District. The well test report by Zancanella and Associates, Inc. dated October 3, 2014 indicates that the well drilled under permit no. 33380-F produced a sustained maximum of 22 gallons per minute over a 4 hour period. The report recommends limiting water use to household use only and limiting pumping to 15 gallons per minute. The water supply should be physically adequate to supply 3 dwellings. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply should be physically adequate and will not cause material injury to decreed water rights so long as the applicant operates the well in accordance with the terms of the augmentation plan and well permit. If you or the applicant has any questions concerning this matter, please contact Ivan Franco of this office for assistance. Sincerely, Megan Sullivan, P.E. Water Resource Engineer HIF: Vageur Minor Sub.docx cc: Alan Martellaro, Division Engineer Water Commissioner, District 38 1313 Sherman Street. Room 821, Denver. CO 80203 P 303.866.3581 F 303.866 2223 www water.state co.us 195 W. 14t" Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Kathy Eastley December 22, 2014 Hello Kathy, Public Health EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments for the Vagneur Minor Subdivision Application are as follows: 1. OWTS: Due to the high water table described in the application and the memo from High Country Engineering, construction of Onsite Wastewater Treatment Systems for the two proposed residences should utilize mound systems consistent with other properties in the area. Measures should be taken to ensure there is adequate space for percolation. I also recommend anchors for the septic tank due to the property's location within the 100 year flood plain. 2. Drinking water: The Pump Test Report indicates that there is adequate drinking water for three homes and that the water quality is sufficient for consumption. Public Health recommends a water quality test be conducted annually for coliform bacteria/E. Coli and nitrate/nitrite at a minimum. 3. Stormwater management: Because the property is situated so close to the Roaring Fork River, the two new proposed residences should take precautions to reduce stormwater runoff during the construction process. Potentially hazardous materials, both for the existing and proposed properties, should be stored in a manner that prevents entry into groundwater or the river. Feel free to contact me with questions. Thank you, �7 4(// 4"/ Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease Bart and Faith Lipori 17317 Highway 82 Carbondale, CO 970-404-2053 EXHIBIT Fred Jarman, Garfield County Department of Community Development Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 December 17, 2014 CERTIFIED MAIL RE: Vaaneur Minor Subdivision, 60 Flvinq Fish Rd., Carbondale, CO Dear Mr. Jarman; This is in response to the public notice received December 16, 2014 on the Vagneur request for a Minor Subdivision at 60 Flying Fish Rd., Carbondale, Colorado. Our home is located adjacent to the Vagneur parcel at 17317 Highway 82, Carbondale, Colorado. Our parcel is elevated above the Vagneur parcel, with the ditch and Flying Fish Rd. located between us and the proposed development. We have lived here since the late 1980's and truly love our location. We do have a few concerns that we would like to be addressed prior to approval of the Minor Subdivision: 1. The potential for light pollution. We spend many evenings stargazing from our back yard and would like to be able to continue to enjoy this activity. We are requesting that any exterior lighting, (including street lights), at the proposed development be required to be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way, including the Rio Grande Trail. We would also like to be assured that light trespass does not occur. This is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. 2. The second request is height limitation. We would request that the buildings be required to conform to the residential building height restrictions, which appear to be 25 ft. for the zone district. In addition, no variances for height shall be allowed in the development. Vagneur Minor Subdivision Application Lipari Response gc 3. The third request is that the lots be approved only as residential lots, and not approved as any form of commercial. We truly enjoy the solitude and the wildlife in our back yard and would like it to remain as such. Should you have any questions or comments, please contact us at 970-404-2053 or via e-mail atifaithenewbeoinningsvoga.net Thank you for your consideration to this matter. We hope to be able to attend the public hearing. Sincerely, Bart and Fait ` Lipori Vagneur Minor Subdivision Application Lipori Response Page 2 To: Frank Harrington - High Country Engineering From: Scott Aibner - Garfield County Surveyor Subject: Plat Review - Vagneur Minor Subdivision Date: 12/23/2014 EXHIBIT Garfield Coun SURVEYOR SCOTT AMER, P.L.S Frank, Upon review of the Vagneur Minor Subdivision Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Kathy Easley - Community Development Department 109 8 th Street ,Suite I00B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@gatfield-countycom December 22, 2014 Doug and Julie Pratte The Land Studio, Inc 365 River Bend Way Glenwood Springs, CO 81601 landstudio2@comcast.net Community Development 108 Bth Street, Suitc 401, Glenwood Springs. CO 8I60i Office: 970-945-8212 Fax: 970-384-3470 Reference: Vagneur Minor Subdivision — Garfield County File No. MISA8100 Dear Doug and Julie, Thank you for arranging the site visit at the Vagnuer Parcel on Friday, December 19, 2014, it was very helpful to see the property. Upon review of the application materials staff has identified several issues that we hope could be addressed as we prepare for the Board hearing on the 12th of January. If there is a response, or additional information, regarding these issues, please provide it prior to January 5, 2015 when the staff report is due for the hearing. 1. Irrigation Ditches — Section 7-201 E. Maintenance Easement for irrigation ditch is required through the subject property. This easement will be required for both the lateral as it traverses the site and the Basin Ditch on the north west portion of the property. 2. Building Envelopes are provided to mitigate potential impacts to environmental resources. Page 32 of the application states that no development shall occur outside of the envelope, however setbacks are also stated. Setbacks may have been included to show compliance with Rural standards but the use of building envelopes negates the need for these setbacks and may cause confusion in the future as each are applied differently at the time of building permit. For clarity please remove the setbacks or state that the building envelopes are more restrictive than the setbacks, thereby complying with the Rural standards. 3. The application states that the OWTS will be designed by a qualified engineer due to concem regarding use of a conventional system at the site. Please add this requirement as a plat note. 1IPage 4. A plat note should be included regarding the requirement for fire sprinklers and water storage tanks for each of the new residences. The volume of the storage for each of these sites shall be 1,000 gallons or that amount required by the fire protection district. 5. There appear to be some concern regarding potential for subsidence and sinkholes at the site. CGS recommends that a site specific geotechnical investigation occur on the proposed building envelopes to determine if conditions are indicative of subsidence or sinkhole formation. This requirement will be added as a condition of approval thus requiring a plat note that includes site specific geotechnical analysis prior to issuance of building permit and the potential for Engineer designed foundations. We should discuss this issue to determine appropriate measures for the site. 6. A plat note should be included regarding the 35 -foot setback from the highwater mark of the Roaring Fork River. 7. Please include a plat note regarding subdivision Covenants, Conditions and RestrictionslWell Sharing Agreement applicable to the lots, with a blank reception number to be filled in at recording. 8. Garfield County has standard plat notes that are required to appear on all plats. Please provide your surveyor the attached notes for inclusion on the plat. 9. Applicant requests allowance for a grading and drainage plan at grading/building permit which may be appropriate however the reviewing engineer had concems regarding the ditch cutting through the building envelope of Lot 1. Please respond to this issue. Thank you in advance for discussing and addressing these issues. We look forward to receiving additional information prior to January 5, 2015. I will be out of the office for the holidays and will retum to the office on January 2"d Have a great holiday. Sincerely, Kathy Eastley, AICP Cc: File 2'1 Page 1'rl.OMx• ,41, LK. 6r laoa'o»aoerAlaa•A poseppelsra 5W4 M#A 05 S44 14015 03 03103C75 '101 2a11,..1Mr tlu '3N1 DN1N33NMN3AW,Nf10PH01H 03'2,yoNCO 7f4NrI Hsu NIA oa MOmA10WM WHIN iI UMMA VAGNEUR MINOR SUBDIVISION WN01/n*0Ie NAPM r 111 11111 31 1 arr.. -- 4 14 Sae 5 3j1 9 c1 A / / e is g. ' 1 v 1' EXHIBIT � R VAGNEUR MINOR SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VAGNEUR MINOR SUBDIVISION (hereafter the "Declaration") is made this day of , 201 by Wayne E. and Lois M. Vagneur (hereafter referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of the Vagneur Mingn Subdivision described on the PIat recorded as Reception No. in Garfield County, Colorado (the "Plat"); and WHEREAS, the Subdivision consists of Lots 1, 2, and 3,,�(collectively the "Lots"); and WHEREAS, Declarant is also the owner of all ► attr and water rights, ditches and ditch rights, wells and well rights, well permits, easernedts and ghts-of-way appurtenant to or used upon or in connection with the Subdivision and all etc_ , ommon facilities and appurtenances related thereto, all of which shall be deesed.to 1m included in the definition of "Subdivision" as set forth and used herein; and WHEREAS, Declarant las created a homeowners' association known as the Vagneur Homeowners' Association (h eafter the "Association"); and WHEREAS, Dec1.t des g to provide a flexible and reasonable procedure for the overall operation of the Subdi on, and to establish a homeowners' association for the administration, raiinten ce, p eservation, control, use, and enjoyment of the Subdivision, as well as providerh en orcement of the restrictions, covenants and conditions hereinafter set forth. DECLAIt i4TION NOW THEREFORE, Declarant hereby declares that the Vagneur Minor Subdivision, and all Lots comprising the same, shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of the Subdivision and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest in the Subdivision. i ARTICLE I DEFINITIONS I. Association. "Association" shall mean the Vagneur Minor Subdivision Homeowners Association, a Colorado Nonprofit Corporation, incorporated for purposes of owning, maintaining and administering the common facilities as hereafter described and defined. The members of the Association shall be the owners of the Lots. The Association shall administer and enforce the covenants, conditions and restrictions set forth here and collect and disburse the assessments and charges. 2. Association Manager. "Association Manager" shall ' ftially mean Lois Vagneur and then Belinda Brownell, or if they are unable or unwilling to s ,, a person who shall be a Lot Owner and Member of the Association, and who shall be response 1e for preparing the Annual Budget, collecting Annual and Special Assessments trid I$ther revenues, disbursing funds for Common Expenses, calling special meetings and otherivi a managing the administrative affairs of the Association. Subsequent to conveyance 9the fi -t: . ,t by Declarant, the id's Association Manager shall be the Declarant or Declaracce or in interest as herein provided. 3. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise The record owner of fee simple title to a Lot. 4. Member. "Member" shall mean a person or entity that, by virtue of their status as a Lot Owner, is deemed to enjoy the member iiip privileges and responsibilities in the Association. The terms Member, Lot Owner, or Owner are used interchangeably throughout this document. 5.Owners Action. "O ers Action" shall mean an act by a majority of the Owners, except that for as long as L ' * ag ur or Belinda Brownell serves as the Association Manager, Owners Action shall reaa mous vote to over -rule their decisions. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. " Lots. Lots 1, 2, and 3 shall be used only for the construction, use and occupancy of and as single-family dwellings and customary accessory uses as defined in the Zoning Resolutions of Garfield County, Colorado, or as permitted by the further provisions hereof. 2. Building Envelopes. All above -grade improvements to be constructed upon a Lot, with the exception of access to a Lot, shall be located within the building envelope established for such Lot. 3. Enforcement. The Declarant, the Association by Owners Action, or any Lot Owner shall have the right to enforce the covenants, conditions and restrictions contained in this 2 Declaration by any legal or equitable means including actions for damages and injunctive relief. For as long as Lois Vagneur or Belinda Brownell serve as the Association Manager, they shall have authority to determine whether to mediate, arbitrate, or litigate a dispute, and to determine the rules that govern mediation or arbitration, including discovery, and whether the prevailing party shall receive reasonable attorney's fees, expenses, and costs from the Lot Owner(s) found to be in violation of this Declaration. 4. Opt out of CCIOA. The Association opts out of the Colorado Common Interest Ownership Act (CCIOA), CRS 38-33.3-I01 et seq. The Association Manager may elect to be covered by CCIOA in the future for as long as Lois Vagneur or Belinda Brownell serves as the Association Manager; otherwise it shall take a unanimous vote of the Owners to opt in for coverage under CCIOA. ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple title to t-ath,Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot ikewndd by more than one person, the multiple persons comprising the Lot Owner shalirriongithemselves, designate one person to represent them . A Member who owns more th `ane -bot shall be entitled to one vote for each Lot owned. ARTICLE IV ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots shall be subject to the following covenants and restrictions on use and building restrictions. 1. period, For She, Si .a.r e only signs permitted on a lot are political signs during an election Mo' • R' nt signs. 2 Doas.'Dogs may be kept and maintained on a Lot and then only with the following restrict ns and conditions: a. Dogs shall be kept under the control of the Owner at alI times, shall not cause a nuisance on neighboring properties, and shall not be permitted to run free except for working dogs on a ranch. b. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous one (1) minute period. Dogs that bark more than this shall be kept indoors. c. The Association shall assess and enforce penalties against Lot Owners violating 3 the foregoing restrictions applying to dogs, in such amounts as the Association may set from time to time. d. If any dog chases or molests deer, elk or domestic animals, or destroys or disturbs property of another Lot Owner, the Association can require the Lot Owner to get rid of the dog. Any expenses incurred by the Association regarding any such dog can be levied as Special Assessments against the violating Lot Owner. e. The Association can impose these penalties in addition to any fines that may be imposed under the regulations of Garfield County or the State of Colorado with respect to dogs or other animals. 3. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of"Other Lot Owners or their property, including generation of unreasonable noises or otheDy e, nifewill any Lot Owner commit or permit any nuisance or commit or suffer any ille,gra act to be epmmitted on his Lot. 4. Lights. All exterior residential lighting must be shielded and directed downward and will comply with the Garfield County Code. 5. Garbage. No rubbish, garbagetrtosh, or Cher waste material, shall be kept or permitted on any Lot so as to be visible front atiotheaotor the Common Facilities. No incinerators shall be kept or maintained intik Lot; No refuse pile, garbage or unsightly objects can remain anywhere on a Lot. 6. Safe Condition. Without limiting any other provision in this Section, each Owner shall maintain and keep his Lof at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owner* of their respective Lots. 7. Fifes Outside Dwellings. Other than commercially manufactured barbecues or properly cons ctedIbarbt<cue pits or grills and fire pits, or as otherwise expressly permitted by the Associatio no open fires shall be permitted on the Lots without prior approval by the Carbondale Fire 'shift nor shall any other similar activity or condition be permitted which would tend"o inc ease the insurance rates for the Common Facilities or for other Owners. 8. 'Wed Control. It shall be each Lot Owner's responsibility to control all weeds and thistle on their entire Lot. lithe Association performs weed and thistle control, a Special Assessment shall be made against the Lot and Lot Owner for the expense thereof. The Weed Management Plan has been attached to and incorporated herein as Exhibit A and will be managed and enforced by the Association. 9. No Obstruction of Drainage. No Owner can interrupt the normal drainage of the land or within any area designated on the Plat. 4 10. Resubdivision Prohibited. The re -subdivision of a Lot is prohibited. Lot line adjustments which do not result in the creation of additional Lots or the relocation of any Building Envelopes are permitted if they comply with all requirements of Garfield County. 11. Underground Utilities. All utilities serving the Lots, including without limitation, electric power, telephone, cable television, natural gas lines and water lines shall be installed and maintained underground. This restriction shall include main transmission lines and all service lines to the individual Lots. Overhead utilities existing at the time these covenants were adopted shall be grandfathered in, without limitation. 12. Mineral Exploration and Extraction. Lot Owners agree not to separate or sell from the Property any portion of mineral rights. However, if a third party owner, lessor or interest -holder of mineral rights associated with the Property requir entry onto the Property in order to develop such mineral rights, Lot Owners may permit or Ito a third party the right to develop minerals beneath the Property by those methods of m era! development having only limited, localized, temporary and reclaimable impacts on to erty, wj2ich impacts must not be irremediably destructive. (For example, drilling for oil or y, -1 gas beneath the Property from an offsite location, or from the surface of the Pro serty in a''{ >er that does not result in water contamination, destruction of wetlands or signifi h _ u t , or damage to scenic views from public rights-of-way, may be permitted.) In additi i , an surface alterations or disturbance caused by or associated with mineral developrnttnust i restored to as close to its original state as possible upon completion of drilling, exploration or extraction operations. The Association can seek equitable relief as caeessaryto ensure that no mineral extraction impairs the value of any Lot. 13. Reflective Finishes. Reflectiye finishes and reflective glass shall not be used on any exterior improvement surfaces, including without limitation walls, roofs, windows, doors, trim, retaining walls and fences, prop' ded, however, that the foregoing restrictions shall not prohibit skylights to binstalled ingrsidences or the installation of solar or wind electrical generating devices. If solar=tarryvind device creates glare that bothers another residence, the device shall be au`ropri ely'screened by trees that are designed to minimize the disturbance after 5 years o gtq"' l4, L�t}clo re of Unsightly Facilities and Equipment. All unsightly facilities, equipment 40 o er items, including but not limited to those specified below, shall be enclosed within a covered structure or otherwise wholly screened from view. Any refuse or trash containers, tants, pumps, utility meters or other facilities, service areas, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the DRC, which planting or fencing shall be adequate to conceal the same from neighbors and public and private roads. No lumber, metals, materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof. 5 15. Private Driveways. Each Lot shall be served by its own individual private driveway extending off of Flying Fish Road and shall be for the exclusive use of the respective Owners. Each Owner shall be solely responsible for any and all maintenance, repair, replacement or other costs related to their respective private driveways. To the extent feasible, Lots shall share driveways in order to minimize driveway disturbance in the subdivision. 16. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction shall be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article VI hereof. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner in the event of any pfeach of any provision of this Article VII by any Owner. 17. Fugitive Dust Management Plan. It shall be each Lot Owner's and land developer's responsibility to follow the Fugitive Dust Manageratt Plan attached to and incorporated herein as Exhibit B. The Fugitive Dust Management Plan will be managed and enforced by the Association. 18. Landscape. Trees shall be planted away"from fence lines so that branches do not interfere with fence maintenance. 19. Horses or other livesto4. f iorses or other livestock shall be permitted on the property with the approval of Lois Vagneur or,Belinda Brownell for as long as they serve as the Association Manager. Therear, the Assuintion Manager shall determine the rules for horse boarding and the property capacity to accommodate horses or other livestock. 1. Domes 'c Water Su a. E ting Well. A water well (hereinafter "Well") has been constructed on Lot 2, and operates pursuant to Colorado Division of Water Resources Well Permit No. 33380- F, whiA provides up to 15 gallons per minute of water for household purposes (in-house only) for up to 3 single family dwellings, including fire protection. r. ARTICLE V DOMESTIC WATER b. Ownership of Appurtenant Facilities. The owners of Lots 1, 2, and 3 shall each own an undivided one-third interest in and to the Well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. The Association Manager may charge a well improvement fee to lot owners when they purchase lots in order to recoup well improvement fees that the 6 Association Manager has or will incur. c. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of Lots 1, 2, and 3. The owners of Parcels 1, 2, and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual storage tanks and service lines from the point where the line solely benefits one property. Building plans shall specify which water facilities are common and require shared expense, and which are separate and the responsibility of a single Owner. The Owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. If ,tfiey cannot agree, any party shall be entitled to undertake the minimal maintenance, repair replacement or improvement necessary and essential for proper functigng Abe common facilities. In the event one owner determines to undertake such work, it shall pIi ify the other owners in writing. The Owner shall provide the other Owners jiii a written statement of the work performed and the other Owners' proportionate sh pf the costs. Any Owner who has paid more than his or her proportionate sh m -ay re rd a lien against the property of Owners who have not paid their proportionate bare 'which lien shall not expire until paid, and which shall bear interest at 1.0b. ii until pa d. and which shall include reasonable attorney fees, expenses and costs ineurrtd to:±let a lien and obtain payment. Any Owner who has paid more than tbt- Owner's proportionate share may set off the excess payment including accrued iprest, attorney fees, expenses, and costs, against later assessments charged to the Owner by the Association. d. Payment of Common B ense Each owner shall pay its proportionate share of common expenses withhn 30 Bays from the time a statement of expenses is presented for payment. In the evt an o+,r fails to pay its share within 60 days of presentment, interest on the &paia Amunt shall accrue at 10%, beginning 60 days from presentment. In the ev ep.l a pa' fails to pay any amounts due with interest thereon, within six months from t e Srate of p sentment for payment, the owner which has paid such costs and expenss shall bo entitled to pursue any remedy available at law or in equity for a breach of this Areement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain an 4execute upon a judgment for collection. e. Use of Water. Each owner shall be entitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro -rata share of the available water. f. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of 7 the Well. g. Fees. Each party shall also bear its own attorney fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees, expenses, and costs of suit actually incurred. h. Binding_Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of Lots 1, 2, and 3, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which water from the Well is used. i. Complete Agreement. This document embodies t p ntire bpd complete agreement of the parties on the subject matter herein. No promise orundertakin1as been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemjoraneodsiiegotiations and understandings between the parties are integrated and� merged into this Agreement. j. Amendment. This Agreement may be am ded from time to time by a written instrument executed by all owners of nterest in the Well. ARTICLE VI FLYL$ FISH ROAD 1. Flying Fish Road; a. Operatfhn, Maihtcnance and Repair Costs. The Association shall maintain Flying F'si Roa�in god repair on a year round basis, including, but not limited to snow re v and repair of erosion. Such costs shall be shared equally between the wners Lots 1, 2, and 3. If damage is attributable solely to Lot 1, Lot 2, or Lot 3, such as from heavy construction equipment, then that Lot Owner shall at its so a expense promptly repair all such damage. ARTICLE VII GENERAL PROVISIONS 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to Lots 1, 2, and 3 and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons 8 acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred in any action, including settlement, to which the Declarant or Association Manager may be a party, other than those acts or omissions of Declarant or Association Manager taken or done in intentional disregard of the provisions hereof. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rifle against perpetuities, then such provisions shall continue only until twenty-one (21) yea Wafter the death of the longest lived members of the Declarant. Colorado law provides that thele hainst perpetuities will not be violated for I,000 years after the Declaration was signed. 6. Non -Waiver. The failure of Declarantk the Association, the Association Manager or a Lot Owner to object to any breach of or fail Declaration or any Rules and Regulations by a Berson s a waiver of any right to object to the same andoek co covmp1y with the provisions of this ect thereto shall in no event be deemed liance therewith at any time. 7. Captions. Article and section cap ns, headings or titles inserted throughout this Declaration are intended solely as a jneans orcoiNenience and reference. If there is a conflict between captions and the underlying text., the latter shall control.. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corrrspcnding,plural. IN WI SS HEREOF, the undersigned Declarant has executed this Declaration this da.), of 201_. Wayne E. and Lois M. Vagneur 60 Flying Fish Road Carbondale, Colorado, 81623 By: Date: 9 STATE OF COLORADO ) ss COUNTY OF Garfield County Subscribed and sworn to before me by , this day of , 2015. WITNESS my hand and official seal. My commission expires: Notary Public 10 EXHIBIT "A" VAGNEUR MINOR SUBDIVISION WEED MANAGEMENT PLAN Individual property owners of the Vagneur Minor Subdivision shall be responsible for the following weed management strategies to prevent or stop the spread of noxious weeds. 1. Individual property owners are responsible for the timely revegetation and reclamation of disturbed sites using appropriate native plant species. Disturbed areas from construction such as roads, driveways, and new utility areas shall have the existing topsoil stockpiled and then replaced on the disturbed areas to the extent possible. Imported soils are more likely to be contaminated with other weed seeds and the'ref'ore should be avoided. The following strategies shall be utilized for the revegetation of distur)ied areas: a. Study all vegetation in the area and surrounding areas. b. Preserve plant species native to Colorado. c. Test the soil for pH balance. Try to retain,and utilize as much on-site topsoil as possible. d. Select a predominant species that is -appropriate to the site. Then choose a few complimentary species 10 ara idea balanced plant community. e. Choose plants that arr` ealthy,Vigorous and pest free. f. Use weed -free seeds. Use non tybrid seeds. Avoid commercial seed packets containing exoti&plant speciten. g. Choose plants 61_ horticulturally appropriate, i.e. plant species that are adaptable Jo climate, s iil and topographical conditions of the designated area. h. Consider Meuse ofater, its availability and the vegetative requirements. i. To ]and' ape ror wildlife, choose native plants that provide cover, forage, browse, ses for irds and rodents, and shade. j. rBe„ "`te a ific, revegetation strategies may vary for small lots, farms, ranches or onstruc on sites. I Etabh a vegetative cover that is diverse, effective and Iong lasting, capable of se regeneration. 1. Stabilize the surface. 2. After final grades are established and topsoil is spread, property owners must reseed using a native plant species seed mix. A sprinkler system should be used following planting to encourage healthy plants. 3. Individual property owners are responsible for identification and eradication of all noxious weed infestations as well as continuous monitoring and evaluation to prevent recurrence. The Garfield County Designated Noxious Weed List includes the following: 11 a. Canada thistle (Cirsium arvense) b. Chicory (Cichorium intybus) c. Common burdock (Arctium minus) d. Dalmatian toadflax (Linaria dalmatica) e. Diffuse knapweed (Centaurea diffusa) f. Hoary cress (Cardaria draba) g. Houndstongue (Cynoglossum offinale) h. Jointed goatgrass (Aegilops cylindrica) i. Leafy spurge (Euphorbia esula) j. Musk thistle (Carduus acanthoides) k. Oxeye daisy (Chrysantheum leucanthemum) 1. Plumeless thistle (Carduus acanthoides) m. Purple loosestrife (Lythrum salicaria) n. Russian knapweed (Acroptilon repens) o. Russian olive (Elaeagnus angustifolia) p. Salt cedar (Tamarix ramosissima) q. Salt cedar (Tamarix parviflora) r. Scotch thistle (Onopordum acanthium) s. Spotted knapweed (Centaurea maculosa) t. Yellow starthistle (Centaurea solstitialis)� u. Yellow toadflax (Linaria vulgar s) 4. In the seasons following plantin todousMeed control shall take place twice yearly in the disturbed and newly plane areas twtil Well established plants are healthy and cover the bare soil. Other weed managementeyond the disturbed areas should be done twice each year at a minimun tnd more.fin if needed. This should include locating and either cutting or selective spd(spraying arty noxious weeds. 5. If a Lot Owner fails to &ontrot noxious weeds, another Lot Owner can take steps to eradicate themtiad1uding hi,�'ng a weed removal company and entering the offending Lot Owner's properV afietTppasonable notice, and be reimbursed for the expense of weed removal. 1Zeasor able netice shall be defined as 3 requests, the last one in writing at least 10 day bore;setfihelp steps are taken to remove the weeds. The weed removal expense can be ssessed ligainst the offending lot owner as a Common Expense set forth in the Declaration. 12 EXHIBIT "B" VAGNEUR MINOR SUBDIVISION FUGITIVE DUST MANAGEMENT PLAN All land developers of the Vagneur Minor Subdivision are required to apply to the Colorado Department of Public Health and Environment/Air Pollution Control Division for an Air Pollutant Emission Notice (APEN) and Application for Construction Permit. The Vagneur Subdivision intends to follow a dust control plan to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasd able within the subdivision and on any access roads used for travel to and from proposed hoeites within the subdivision. 1. During the land development process, fugitive dust ontr L,of unpaved roads in the subdivision will include watering at a frequency of 1 of times per day or as needed. The application of chemical stabilizer is not advised due Bothe close proximity of the land development areas to active agricultural l -ds .chicle speed control will be enforced with speeds limited to a maximum of, mph. 2. Fugitive dust control of disturbed surfat:eireas on site will include watering as needed. Revegetation of these areas must odour within one year of soil disturbance. All areas to be vegetated shall be seededth a native grass seed and mulched. If furrowing is applicable for seeded areas, furrows shdll be at a right angle to the prevailing wind and the depth of furrow mu%be greater than 6". All disturbed foundation areas must be compacted to within 9{{f°4.o 'pnaximum compaction on a daily basis. Snow or silt fence may be used as wjnd breaks if necessary. All disturbed steep areas shall be netted or mulched wheneseded, 3. Preventic of mull and dirt carried out onto paved surfaces will include gravel at all entryv3ay . The.clanup of paved areas will occur as needed with a street sweeper or a hose wild water, 13 VAGNEUR MINOR SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT THIS IMPROVEMENTS AGREEMENT, ("Agreement") is made and entered into this day of , 201 by and between WAYNE E. AND LOIS M. VAGNEUR, having an address of 60 Flying Fish Road, Carbondale, CO 81623 and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS: A. Wayne E. and Lois M. Vagneur are the' ers of property and a development to be commonly known as the Va eoit Subdivision (the "Development"); � 13. The Development is depicted on a plat entitled Vagneur Minor Subdivision Plat ("Plat"); C. The plan for the Development, as dep'1Lcted on the Plat, includes, three (3) single-family residential lots identified as Lotq Z of{the Plat; D. Wayne E. and Loh M. Vagneur are the current owners of Lots 1-3 ("Owners"); E. The Owners have agreed to certain restrictions and conditions regarding the sale of certain properties alp issuance of certain building permits to secure and guarantee Owners' pelf° ancnder this Agreement; The F. wners'seek approval by the BOCC of the Development plan and Plat pursu t .apd Use Regulations of Garfield County; G. The Owners represent that at the time of recording this Agreement all taxes and ass5sments upon all parcels of real estate described in this Agreement are paid in full. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEVELOPMENT PLAN. The Development shall consist of three single-family residential lots, identified as Lots I-3 on the Plat (collectively, "Lots"). 1 2. IMPROVEMENTS. The Owners agree to cause to be constructed and installed all development improvements ("Improvements"). No such Improvements shall be constructed until such time as they are identified on the plans marked "Approved for Construction", prepared by a qualified engineer and a grading permit submitted to Garfield County for approval prior to commencing any work on the Improvements. Lots 1, 2 and 3 shall not be sold until the Improvements are constructed and installed to the satisfaction of the County. The Improvements shall be constructed and installed at the Owners' expense, including payment of fees required by the County and/or other governmental and quasi -governmental entities with jurisdiction. An estimate for the cost of construction which describes the Improvements has been prepared by High Country Engineering and Zancanella and Associates; it is attached to and incorporated herein as Exhibit A ("Development Improvements Estimated Cost of Construction"). The Owners shall comply with all laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, all s eoial districts and any other governmental or quasi -governmental authority with jurisdiaion And this Agreement in the construction and installation of the Improvements. The BOCC agrees that if all Improvements are installed in accordance with this Agreement and all other requirements of this Agreernerit haw been met; then the Owners shall be deemed to have satisfied all terms and conditions of the Approval and the Plat Documents with respect to the installation ti Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. 1. Subdivision 'Improvements Letter of Credit and Substitute Collateral. As stairity for Owner's obligation to complete the Subdivision Impffovements, Owner shall deliver to the BOCC, on pr before die date of recording of the Final Plat of the Subdivision, .Letter oftredit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this Subdivision Improvement Agretment by reference as Exhibit B (LOC) or in a form onsistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $( cost of completed improvements ), the cost of Subdivision Improvements already completed as of the date of execution of this Subdivision Improvement Agreement, i.e. $( reduced amount )], as set forth and certified by Owner's Engineer on Exhibit , to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision 2 Improvements set forth above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements. 2. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this Subdivision Improvement Agreement, including all Final Plat Documents and the Preliminary PIan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to cotwvy to the Homeowner's Association of the Subdivision at thettlme o ` 'Inal Plat Approval; and 3) a Written Request for Final eleaise of CIC, along with Owner's Engineer's stamp and ce ?ate of final completion of improvements. a.The BOCC shall auth e a inal release of the LOC after the Subdivisio `Iriprovtinents are certified as final to the BOCC byTd:O. er's'Engineer and said final certification is app. d 1 by the BOCC. If the BOCC finds that the Sul 'vision Improvements are complete, in accordance withFxrelerant specifications, the BOCC shall authorize releasetie final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. b. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained above, shall be followed. c. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. d. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in 3 accordance with the process outlined above. 4. WATER SUPPLY. The Owners shall install and connect a water distribution system for potable water in accordance with this Agreement and the Improvements Plans dated , 201® by Engineering and that are on record at the Department of Building and Planning. All easements and rights-of- way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be as shown on the Plat, and said easements and rights-of- way conveyed to the appropriate homeowners' association at the time of recording the Plat. 5. PRIVATE ROADS AND ACCESS FOR EMERGENCY SERVICE PROVIDERS. The Owners shall install the road improvements in accordance with this Agreement and the Improvements Plans dated , 211 by Engineering and that are on record at the Department of Building and Planning. The grantee homeowners' association shall be solely responsible..bor theaintenance, repair and upkeep of said private access easements, including the teled snrface of the roadways and areas outside of the traveled surface. The BOCC shall not be obligated to maintain private road rights-of-way within the Development Existence of private roads shall be noted on the Plat. The property is subject fk Q' .access easement recorded at Garfield County Reception Numbers 348846. and 34847 on January 10, 1984.. 6. UTILITY EASEMENTS. Whether or not utility easements exist elsewhere in the Development, all alt rog, e,ssements within the Development shall contain rights-of-way for install*o.n and rtittintenance of utilities. Utility easements shall be dedicated by the Owner and accepted by the appropriate homeowners' association of the Development, on behalf tf the assdciion's members, on the face of the Plat and in the recorded Declaration of,Covenants,`Conditions, and Restrictions. The grantee homeowners' association orthe Development shall be solely responsible for the maintenance, rept and.upkeeOf said utility easements, unless otherwise agreed to with the utility companiLs. The.,,B.00C shall not be obligated for the maintenance, repair and upkeep of any'tili easements within the Development. In the event a utility company, whether p blty jy or y ivately owned, requires separate conveyance by deed or otherwise, the Owner,-.' hall alb convey utility easements by separate document to be recorded. 7.. CONVEYANCE OF WATER SUPPLY SYSTEM. The water supply system shaU be conveyed to the homeowners' association. It is the express, stated intention or the parties that the water distribution system facilities for Lots 1, 2, and 3 shall be conveyed to the Homeowners Association following construction, inspection and acceptance by the Homeowners Association. For purposes of this paragraph, water distribution system facilities includes all wells, water lines, storage tanks, pumps, valves and appurtenant equipment associated with delivering domestic water supplies to the residences located on such lots from Oxenberg Well No. 1, Well Permit #33380-F by the Colorado Division of Water Resources. 4 At the time of recording of the Final Plat the Owners shall execute and deliver into escrow documents conveying easements for the water supply, the private roads, and utilities shown on the Plat to the homeowners' association (collectively, the "Easement Deeds"), The Easement Deeds shall be deposited into escrow, pursuant to an escrow agreement to be executed by the Owners, the BOCC and escrow agent ("Escrow Agreement") within a reasonable time following mutual execution of this Agreement. The Owners shall deliver to the BOCC a copy of the fully executed Escrow Agreement, within a reasonable time following mutual execution of this Agreement, but need not record such instrument. The Escrow Agreement shall provide: 1) the Escrow Agent shall hold the Easement Deeds until receipt of a written notice signed only by the Owners notfring escrow agent that the work required of the Owners in this Agreement has been comped and approved as complete by the BOCC; and 2) upon the occurrence of the foregoing eves the a crow agent shall cause the appropriate EasemorDeeds to be recorded in the records of the Gaeld Coity Clerk and Recorder. 9. AS BUILT/RECORD DRAWINGS. Upon completion of private road and water supply infrastructure, the Owners shall provide as built/record drawings to Garfield County in hardcopy and digital orniat prepared by a licensed surveyor. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owners of Lot 1 and 3 shall make a cash deposit at the time of building permit application in lieu of dedicating land to the RE -11, school District in accordance with the provisions of Section 7-405 D, Payment In Lieu LJf Dedication of Public Sites, set forth in the Garfield County Unified Land Use dst�' ution of 008, as amended. Said fee shall be transferred by the BOCC to the schoo distr o. in accordance with the provisions of Section 30-28-133, C.R.S., as a �Aded, nd the Garfield County Unified Land Use Resolution of 2008. The Owners o Lot 1 aai�d 5 agree that it is obligated to pay the above -stated fee, accepts such obligations and wa'Les any claim that Owner is not required to pay the cash in lieu of land4edicatt n fa The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 10. INDEMNITY. The Owners shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Development's installation of the Improvements and any other agreement or obligation of the Owners related to the Development required pursuant to this Agreement. The Owners, however, do not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be 5 required to notify the Owners of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owners the option of defending any such claim or action. Failure to notify and provide such written option to the Owners shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 11. SALE OF LOTS. No Lot may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute and the provisions for release of security, it is mutually agreed by the BOCC and the Owners without making an election of remedies, or any purchaser of any lot within the Development shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Aepnent. Nothing in this Agreement, however, shall be interpreted to require the VDCC .fpbring an action for enforcement or to withhold permits or certificates. Nor `ha1t. this pajagraph or any other provision of this Agreement be interpreted to permit the .purchaser of a lot to file an action against the BOCC. 13. VACATING THE PLAT. j.p the event the Owners fail to comply with the terms of this Agreement, the BOCC s) IlThave the ability to vacate the Plat. 14. NOTICE BY REC+RD;,TIO,: This Agreement shall be recorded in the Office of the Garfield County, perk an 'Recorder and shall be a covenant running with title to all lots, tracts, and parcels wi the Development. Such recording shall constitute notice to prospective purch` ` or other interested parties as to the terms and provisions thereof. 15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be bind g upon, ,and inure to the benefit of the successors and assigns of the Owners and lhi BO C. 16. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE P OVI IONS. All notices required or permitted by this Agreement shall be in writing an hall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: OWNERS: Wayne E. and Lois M. Vagneur 60 Flying Fish Road Carbondale, Colorado, 81623 6 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Fred Jarman, Planning Director 108 Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 17. AMENDMENT. This Agreement may be modifA from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients And contract administrators and the contact information, provided in$arragraph 16 move, in accordance with the notice provisions and without formal amendment of this Agreement. 18. COUNTERPARTS. This Agreement ow be executed in counterparts, each of which shall be deemed an original, and all o1 which, when taken together, shall be deemed one and the same instrument. 19. VENUE AND JURI DI IQIN, Venue and jurisdiction for any cause arising out of or related to this Agreement tall"lie with the District Court of Garfield County, Colorado, and this Agreement shall' be construed according to the laws of the State of Colorado. IN WITNESS WHERIi0F, the parties have signed this Agreement to be effective upon the ilate of rec rdation of this agreement and the Final Plat for the Development. ATTEST: IS.) Clerk to the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Chairman Date: 7 SIGNATURE AND ACKNOWLEDGEMENT PAGE To IMPROVEMENTS AGREEMENT Wayne E. and Lois M. Vagneur By: Date: STATE OF COLORADO COUNTY OF Garfield County as ) ss Subscribed and sworn to before me by this day of WITNESS my hand and ()M tal seal. My commission expires: 0\4\ *iv ,201_. Notary Public 8 IMPROVEMENT AGREEMENT EXHIBITS The following Exhibits are attached hereto and made a part of this Development Agreement: Exhibit A - Development Improvements Estimated Cost of Construction Exhibit B - Letter of Credit \\'v 9 ese Exhibit A — Development Improvements Estimated Cost of Construction 10 (Compaction Testing (Gaotech) . [ 1 16" Class 6 Aggregate Mase Cause (includes haul time and installation) . /Clear and Grub Driveway Widdening (spoils to remain onsite) I ll +Y 9 i app 1- 1 M 'n i I I o a 1 11._ Iii CY r01 Truck Load . 11 Leo sura !I'iI wiggi i i) 7=-1 IL 10 Exhibit A -- Development Improvements Estimated Cost of Construction P.O. Box 1905 1011 Grand Avenue Glenwood Sednips, CO 31502 Z4NC4 tial. ANO r45SOCW 1ff or. Escamaanaca Corr4N ins November 10, 2014 Julie Pratte Land Studio Via email lipratte@comcast.net Re: Vagneur Water System Improvements Dear Julie (970) 9454700 (970) 945-1253 Fax Zancanella & Associates, Inc. estimates the cost of construction for the Water System Improvements for the Vagneur property to be Pump house meter and tanks $ 5.500.00 Water tine — 590 feet 2" Pure core © 533/ft 20,000 00 Power Meter Loop 3.500.00 Total 529,000 00 One thousand gallon tanks by owner in basement, 0 you have any questionsplease contact our office at (970) 945-5700 Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. =12614 jebs114314 wagons - fling ash madhratar swims inpvwrtarrg dos Exhibit B - Letter of Credit (To Be Provided) 12 EXHIBIT 1 -7- STATE OF COLORADO ) )ss County of Garfield ) At At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in GIenwood Springs on Tuesday, the 17th day of February A.D. 2015, there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgey Frank Hutfless Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION APPROVING A MINOR SUBDIVISION FOR WAYNE AND LOIS VAGNEUR ON A 22.65 -ACRE PARCEL OF LAND LOCATED AT 60 FLYING FISH LANE APPROXIMATELY 0.5 MILES WEST OF THE GARFIELD COUNTY/EAGLE COUNTY LINE ON THE SOUTH SIDE OF OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO# 2391-324-00-015 Recitals A. An application for Administrative Review of a Minor Subdivision application was submitted for a property described in a Warranty Deed recorded at Reception Number 394389 in the office of the Garfield County Clerk and Recorder (the Vagneur Parcel). B. The Director of Community Development is authorized to approve, deny or approve with conditions a Minor Subdivision application resulting in issuance of a Land Use Change Permit pursuant to the 2013 Land Use and Development Code, as amended (LUDC). C. Prior to issuance of a Director decision, the Director of Community Development called up the application to a public hearing before the Board of County Commissioners (the Board) due to the requirement for public improvements in the subdivision which the Board must authorize pursuant to the LUDC. D. A public hearing was scheduled before the Board pursuant to Section 4-112 of the 1 LUDC. E. The Board opened a public hearing on the 12th day of January, 2015 for consideration of whether to approve, approve with conditions or deny the request for a Minor Subdivision and Improvements Agreement, based upon compliance of the proposal with the applicable standards and criteria required by the LUDC. The public and interested persons were given the opportunity to express their opinions regarding the request at this hearing. F. The Board continued the public hearing to the 17th day of February, 2015. G The Board considered the application at the continued hearing on the 17th day of February, 2015 at which time they considered whether to approve, approve with conditions, or deny the Minor Subdivision during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 for the above stated and other reasons, and upon compliance with conditions of approval, the request for a Minor Subdivision of the Vagneur Parcel is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with adopted conditions of approval, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, upon compliance with adopted conditions of approval, the application has adequately met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 B. The Minor Subdivision of the Vagneur Parcel to create three lots is hereby approved subject to compliance with the following conditions: 1. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 90 days within which to satisfy conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees; b. Improvements Agreement, and associated collateral, as approved by the County Attorney's office; c. Covenants, Condition and Restrictions, as approved by the County Attorney's office; d. A Well Sharing Agreement, as approved by the County Attorney's office; and e. Recording Fees. Dated this day of , A.D. 20 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: 3 COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO County of Garfield ) )ss ) , Aye/Nay , Aye/Nay , Aye/Nay 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4 From w_n.'.on rad" TW Whir A Fastlry Subjum Vagrez 96®Ntlon M100 092 nets TMriGy, January �, 2015 4:29:40 AM MtlMmanLs Imagdazo EXHIBIT 1 A Hi Kathy, after being lost on another desk, this application finally surfaced on my desk. I've just quickly taken a look at It, and so far the thing that everyone needs to be aware of is that there Is a 6" Steel gas line located in a dedicated easement that runs the width of this property. Like 1 said, 1 just quickly glanced through the application, and didn't see it mentioned anywhere. Soul rceGas has no Issue with the plans, just want to make sure that everyone knows about the gas line and the easement. Any changes that affect the gas Lne will need to be discussed in depth. Thank you, Carla Westerman SourceGas Field Coordinator Glenwood Springs, CO 970 -928 -0407 -Office 303 -243 -3794 -FAX From: To: Cc: Subject: Date: Douglas Pratte. Kathy A. Eastlev Ken RANSFORD; Jois and Wavnp Vaanpur; Belinda Brownell* Jule Pratte Vagneur Minor Subdivision Continuance Friday, January 09, 2015 9:19:29 AM Kathy, As we discussed, I would like to request a continuance of the Vagneur Minor Subdivision to the February 9, 2015, BOCC hearing with a backup date of February 17, 2015. I will be at the BOCC hearing on Monday for any discussion. Best, Doug Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 (970) 927-3690 Office (970) 948-6033 Mobile (970) 230-9087 Fax landstudio2@comcast.net www.thelandstudio.com From: i4shleiah Olean, To: Kathy A. Eastlev Subject Vagneur Minor Subdivision Date: Friday, January 09, 2015 1:32:55 PM Attachments: Letter from W Vaaneur.Ddf EXHIBIT W Dear Ms. Eastley: I represent Wayne E. Vagneur, and this is a request to the Board of County Commissioners to table consideration of the Vagneur Minor Subdivision Application, which is set on the agenda for January 14, 2015. This application was filed by my client's wife, Lois M. Vagneur, without his knowledge or consent. We just learned of the application today, and have only reviewed what is available on the County website. Mr. Vagneur would like to have time to review the Application and supporting documentation, and to determine whether he, as the co-owner of this property, desires to move forward with the application. Attached is a letter from my client requesting that this matter be continued to a later date, and we respectfully request that the Commissioners grant this request. Sincerely, Carolyn M. Strautman, Esq. KERST & STRA UTMAN P.C. Attorneys at Law 823 BIake Avenue, Suite 202 Glenwood Springs, CO 81601 (9i0) 945-2447, ext. 2 (tel.) (970) 945-2440 (fax) carolvn@kerststrautman.cnm www.kgrststrautman.com, CONFIDENTIALITY NOTICE - This e-mail transmission and any documents, files or previous c -mail messages enriched to it, may contain information that is confidential or legally privileged. If you arc not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying. printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify thc sender by telephone or return e-mail and delete thc original transmission and its attachments without reading or saving in any manner. Thank You. FEDERAL TAX ADVICE DISCLAIMER We are required by U.S. Treasury Regulations to inform you that, to the extent this message (including any attachment) includes any federal tax advice, this message is not intended or writtcn by the sender 10 be used, and cannot be used, for thc purpose of avoiding federal lax penalties under the Internal Revenue Codc or applicable state or local lax law provisions. EXHIBIT I x Wayne Vagneur 60 Flying Fish Road Carbondale, CO 81623 January 9, 2015 Kathy Eastley & Garfield County Board of County Commissioners Garfield County Glenwood Springs, CO 81601 Dear Kathy Eastley & Garfield County Board of County Commissioners: In regards to the request for a Minor Subdivision application slated on your agenda for Monday January 12`x', I respectfully ask for a continuance on this matter. I have not authorize my wife to proceed with this matter and was unaware the application had been completed and was being submitted for review. As a result, I will need time with my attorney to review all documents so that I can make an informed decision as to whether or not I consent to have my property subdivided. Sincerely, Wayne Vagneur From: Ashleigh O"Leary To: Kathy A. Eastlev Cc: Carolyn Strautman Subject: RE: Vagneur Minor Subdivision Date: Friday, January 09, 2015 3:37:23 PM EXHIBIT ly Kathy, Let's choose the later date of February 17th. Just to ensure that Carolyn does have enough time to meet with our client and give everyone a chance to review the situation. If you have any questions, please let us know. Thank you, Ashleigh O'Leary Paralegal Kerst & Strautman P.C. Attorneys at Law 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 (970) 945-2447 ext. 7 (970) 945-2440 (fax) aolearv@KerstStrau tman_com wiw.KerstStrautman cnm From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Friday, January 09, 2015 3:11 PM To: Ashleigh O'Leary Subject: RE: Vagneur Minor Subdivision Thank you Ashleigh. We will hand out this documentation to the Board at the hearing on Monday. The Land Studio, representative on the application, has also requested a continuance until February 9th or February 17th. The Board will need to continue the hearing to a date certain. Do you think that this is sufficient time for your client to review and consider the application? Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 heastleyygarf ieid-county_cotrt From: Ashleigh O'Leary [mayto2agagaLeganzumedmixal Sent: Friday, January 09, 2015 1:33 PM To: Kathy A. Eastley Subject: Vagneur Minor Subdivision Dear Ms. Eastley: I represent Wayne E. Vagneur, and this is a request to the Board of County Commissioners to table consideration of the Vagneur Minor Subdivision Application, which is set on the agenda for January 14, 2015. This application was filed by my client's wife, Lois M. Vagneur, without his knowledge or consent. We just learned of the application today, and have only reviewed what is available on the County website. Mr. Vagneur would like to have time to review the Application and supporting documentation, and to determine whether he, as the co-owner of this property, desires to move forward with the application. Attached is a letter from my client requesting that this matter be continued to a later date, and we respectfully request that the Commissioners grant this request. Sincerely, Carolyn M. Strautman, Esq. KERST & STRA UTMAN E. C. Attorneys at Law 823 BIake Avenue, Suite 202 Glenwood Springs, CO 81601 (970) 945-2447, ext. 2 (tel.) (970) 945-2440 (fax) caroIvn@kerststrautxnan.com Nvvvw.kerststrautman.corn CONFIDENTIALITY NOTICE - This c -mail transmission and any documents, files or previous c -mail messages attached to it, may contain information that is confidential or legally privileged. If you arc not the intended recipient, or a person responsible for delivering it to the intended recipient, you arc hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by Telephone or return c -mail and delete the original transmission and its attachments without reading or saving in any manner. Thank You. FEDERAL TAX ADVICE DISCLAIMER We arc required by U.S. Treasury Regulations to inform you That, to the extent this message (including any attachment) includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties under the Internal Revenue Codc or applicable state or local tax law provisions. 02/06/201b 12:3I 9/115.1.144 February 3, 2015 GarJ kt County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 REE: VVagneur Minor Subdivision Dear Garfield County, rML t 01 EXHIBIT I This letter is to certify that Wayne and Lois Vagneur, authorize Doug and Jolie Pratte of The Land Studio, Inc. to represent them for the Minor Subdivision request in Garfield County. The contact information for The Land Studio, Inc. is: Doug s and Julie Pratte 'the Lid Studio, Inc. 365 River Berxi Way Glenwood Sprigs, CO 81601 (970)927-3690 phone iandstud io2eco oras t. net Lois Vagieur Date Received Time Feb, . 12:36PM LAND SURVEYJN( CIVIL ENGINEERING An ErnploymOwncd Company EXHIBIT AA MEMORANDUM To: Garfield County Community Development Department From: Matthew Langhorst Date: February 6th, 2015. Project: Vagneur Subdivision, Carbondale, CO. Subject: Improvement Cost Estimate. Site improvement costs for the Vagneur Subdivision. 60 FLYING FISH ROAD, DRIVEWAY AND GAS ISIIE RELOCATION sumgay OF,iENGINEEWS PROBABLE COT ESTIMA.TE • February 6. 2015 I Proposed Driveway Widdcning and Completion to Lot 3 for Fire Access and Stnrctural Reicoalcd Gas Service Linc to Lot 2, E.'Iistitt(Homc. ,. rrEM rQUAN11TY UNIT UNIT COST1 COST Drirvey CoAsfructian kfobiliation 1 Lump Sum 51.000.00 S1,000.00 Clear and Grub Driveway Maddening (spoils to remain onsite) 50 CY S20.00 51,000.00 Excavation for Base Course Installation 50 CY 524.00 51,000.00 6' Class 6 Aggregate Base Course (includes haul time and installation) 10 Truck Load mom S5,000.00 Revegelation (hydttneed or hand blaadcase seeding) l Lump 5750<00 5750.00 Compaction Testing (Geolech) l Lump 5950.00 5950.00 Subtotal S9,700.00 Ga. sL,encRdoO lion Construction Mobilization 1 Lump Sum 5500.00 S500.00J Expose and Cap Existing Service Tap Above Lot 3 1 Lump Sum 51,000.00 51,000.00 Trench, Bed, Install and flack 011 with Structural Material for New Service Line 500 LF 512.00 56,000.00 — Subtotal 57,500.00 i Subtotal 517,200.00 Contingency (10°0) 51.720.00 TOTAL 518920,00 This opinion of probable construction cost was prepared for estimating purpose only. liigh Country Engineering Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. These number reflect the assumption that all materials needed for the construction process are rcadill available in the local arca. Please let me know if you have questions pertaining to this acceptance letter submittal. Thank you, Araf 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-945-8676 • PHONE 970.945-2555 • FAX WWW.HCENG.COM MEE AM ..�giaai'.eaaMi .,,,�„a -J3.w^YF .., — - A. AO 0.0 VAGNEUR MINOR SUBDIVISION SITE PLAN 0,IO2'0Nl7MMMM angers main/ ML,Mbadaa1.0w Iola W 1aMOA 41410,001111 • IMI 112 II lOAY 10Yl0 LIS 1 ]NI NIaf33NN3N3AHJNf103HDIH NMId 2111 .031110.10011 1111,01.1 NSW JNIAI4 09 OOY0OIO3 W AIOO 01+1+tlY0 mp E u r1� L I ! / l I. I rd� ` / / 2 r / I:1/ / /j /; , �, ��� =1 1 , , / VAGNEUR MINOR SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT I GG THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VAGNEUR MINOR SUBDIVISION (hereafter the "Declaration") is made this day of , 201_ by Wayne E. and Lois M. Vagneur (hereafter collectively referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of the Vagneur Minor Subdivision ( the "Subdivision") described on the Plat recorded as Reception No. in Garfield County, Colorado (the "Plat"); and WHEREAS, the Subdivision consists of Lots 1, 2, and 3, (collectively the "Lots"); and WHEREAS, Declarant is also the owner of all water and water rights, ditches and ditch rights, wells and well rights, well permits, easements and rights-of-way appurtenant to or used upon or in connection with the Subdivision and all other common facilities and appurtenances related thereto, all of which shall be deemed to be included in the definition of "Subdivision" as set forth and used herein; and WHEREAS, Declarant has created a homeowners' association known as the Vagneur Homeowners' Association (hereafter the "Association"); and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Subdivision, and to establish a homeowners' association for the administration, maintenance, preservation, control, use, and enjoyment of the Subdivision, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. DECLARATION NOW THEREFORE, Declarant hereby declares that the Vagneur Minor Subdivision, and all Lots comprising the same, shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of the Subdivision and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest in the Subdivision. 1 ARTICLE I DEFINITIONS 1. Association. "Association" shall mean the Vagneur Minor Subdivision Homeowners Association, a Colorado Nonprofit Corporation, incorporated for purposes of owning, maintaining and administering the common facilities as hereafter described and defined. The members of the Association shall be the owners of the Lots. The Association shall administer and enforce the covenants, conditions and restrictions set forth here and collect and disburse the assessments and charges. The Association shall establish a bank account in the Association's name. 2. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 3. Member. "Member" shall mean a person or entity that, by virtue of their status as a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. The terms Member, Lot Owner, or Owner are used interchangeably throughout this document. 4. Owners Action. "Owners Action" shall mean an act by a majority of the Owners.. 5. Association Manager. The Association shall meet once each year in June to appoint one Owner as the manager of the Association, such appointment being by Owners Action. The "Association Manager" shall manage the funds of the Association in the Association's bank account described above and send notices of assessments due. The Association Manager shall also maintain the Association records, including but not limited to, copies of corporate documents for the Association, copies of this Declaration and any amendments, minutes of Member meetings, and copies of the designation of voting Owner as set forth in Article III, below. The Association Manager shall file the required corporate reports with the Secretary of State to maintain the good standing status of the Association. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Lots. Lots 1, 2, and 3 shall be used only for the construction, use and occupancy of and as single-family dwellings and customary accessory uses as defined in the Zoning Resolutions of Garfield County, Colorado, or as permitted by the further provisions hereof. Construction of accessory dwelling units are not allowed. 2. Building Envelopes. All above -grade improvements to be constructed upon a Lot, with the exception of access to a Lot, shall be located within the building envelope established for such Lot as shown on the Plat. 2 3. Enforcement. The Declarant, the Association by Owners Action, or any Lot Owner shall have the right to enforce the covenants, conditions and restrictions contained in this Declaration by any legal or equitable means including actions for damages and injunctive relief. 4. Opt out of CCIOA. The Association opts out of the Colorado Common Interest Ownership Act (CCIOA), CRS 38-33.3-101 et seq. The Owners may elect to be covered by CCIOA in the future, which shall requiret a unanimous vote of the Owners.. ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot is owned by more than one person, the multiple persons comprising the Lot Owner shall, among themselves, designate one person to represent them, and such designation shall be in writing signed by all such individuals kept on file with the records of the Association. Failure to make such designation shall render a vote from that Lot void. Each Lot is entitled to one vote. A Member who owns more than one Lot shall be entitled to one vote for each Lot owned. All decisions of the Association shall be made by a majority vote of the Lot Owner's, except where such vote is required to be unanimous as set forth herein. ARTICLE IV ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots shall be subject to the following covenants and restrictions on use and building restrictions. 1. Signs. The only signs permitted on a lot are political signs during an election period, For Sale, or For Rent signs. 2. Dogs. Dogs may be kept and maintained on a Lot and then only pursuant to the following restrictions and conditions: a. Dogs shall be kept under the control of the Owner at all times, shall not cause a nuisance on neighboring properties, and shall not be permitted to run free off of its Owner's Lot.. b. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous one (1) minute period. Dogs that bark more than this shall be kept indoors. c. The Association shall assess and enforce penalties against Lot Owners violating 3 the foregoing restrictions applying to dogs, in such amounts as the Association may set from time to time. d. If any dog chases or molests deer, elk or domestic animals, or destroys or disturbs property of another Lot Owner, the Association can require the Lot Owner to get rid of the dog. Any expenses incurred by the Association regarding any such dog can be levied as Special Assessments against the violating Lot Owner. e. The Association can impose these penalties in addition to any fines that may be imposed under the regulations of Garfield County or the State of Colorado with respect to dogs or other animals. 3. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or permit any nuisance or commit or suffer any illegal act to be committed on his Lot. 4. Lights. All exterior residential lighting must be shielded and directed downward and will comply with the Garfield County Code. 5. Garbage. No rubbish, garbage or trash, or other waste material, shall be kept or permitted on any Lot so as to be visible from another Lot or the Common Facilities. No incinerators shall be kept or maintained in any Lot. No refuse pile, garbage or unsightly objects can remain anywhere on a Lot. Lot Owners must comply with all Garfield County regulations regarding bear proof/wildlife proof refuse containers. 6. Safe Condition. Without limiting any other provision in this Section, each Owner shall maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots. 7. Fires Outside Dwellings. Other than commercially manufactured barbecues or properly constructed barbecue pits or grills and fire pits, or as otherwise expressly permitted by the Association, no open fires shall be permitted on the Lots without prior approval by the Carbondale Fire and Rural District nor shall any other similar activity or condition be permitted which would tend to increase the insurance rates for the Common Facilities or for other Owners. All Owners shall comply with Garfield County and/or Carbondale and Rural Fire District fire restrictions when in place. 8. Weed Control. It shall be each Lot Owner's responsibility to control all weeds and thistle on their entire Lot. If the Association performs weed and thistle control, a Special Assessment shall be made against the Lot and Lot Owner for the expense thereof. The Weed Management Plan has been attached to and incorporated herein as Exhibit A and will be managed and enforced by the Association. 4 9. No Obstruction of Drainage. No Owner can interrupt the normal drainage of the land or within any area designated as drainage easement or area on the Plat. IQ. Resubdivision Prohibited. The re -subdivision of a Lot is prohibited. Lot line adjustments which do not result in the creation of additional Lots or the relocation of any Building Envelopes are permitted if they comply with all requirements of Garfield County. 11. Underground Utilities. All utilities serving the Lots, including without limitation, electric power, telephone, cable television, natural gas lines and water lines shall be installed and maintained underground. This restriction shall include main transmission lines and all service lines to the individual Lots. Overhead utilities existing at the time these covenants were adopted shall be grandfathered in, without limitation. 12. Mineral Exploration and Extraction. Lot Owners agree not to separate or sell from the Property any portion of mineral rights. However, if a third party owner, lessor or interest -holder of mineral rights associated with the Property requires entry onto the Property in order to develop such mineral rights, Lot Owners may permit or lease to a third party the right to develop minerals beneath the Property by those methods of mineral development having only limited, localized, temporary and reclaimable impacts on the Property, which impacts must not be irremediably destructive. (For example, drilling for oil or natural gas beneath the Property from an offsite location, or from the surface of the Property in a manner that does not result in water contamination, destruction of wetlands or significant habitat, or damage to scenic views from public rights-of-way, may be permitted.) In addition, any surface alterations or disturbance caused by or associated with mineral development must be restored to as close to its original state as possible upon completion of drilling, exploration or extraction operations. The Association can seek equitable relief as necessary to ensure that no mineral extraction impairs the value of any Lot. 13. Reflective Finishes. Reflective finishes and reflective glass shall not be used on any exterior improvement surfaces, including without limitation walls, roofs, windows, doors, trim, retaining walls and fences; provided, however, that the foregoing restrictions shall not prohibit skylights to be installed in residences or the installation of solar or wind electrical generating devices. If a solar or wind device creates glare that bothers another residence, the device shall be appropriately screened by trees that are designed to minimize the disturbance after 5 years of growth. 14. Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and other items, including but not limited to those specified below, shall be enclosed within a covered structure or otherwise wholly screened from view. Any refuse or trash containers, tanks, pumps, utility meters or other facilities, service areas, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the other Lot Owners, which planting or fencing shall be adequate to conceal the same from neighbors and public and private roads. No lumber, metals, materials, scrap, refuse or trash shall 5 be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof. 15. Private Driveways. Each Lot shall be served by its own individual private driveway extending off of Flying Fish Road and shall be for the exclusive use of the respective Owners. Each Owner shall be solely responsible for any and all maintenance, repair, replacement or other costs related to their respective private driveways. 16. Enforcement. AlI remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner in the event of any breach of any provision of this Article VII by any Owner. Any expenses associated with enforcement, including fines, reasonable attorneys' fees and costs, shall constitute a Special Assessment against such Lot and shall become a lien against such Lot. 17. Fugitive Dust Management Plan. It shall be each Lot Owner's and land developer's responsibility to follow the Fugitive Dust Management Plan attached to and incorporated herein as Exhibit B. The Fugitive Dust Management Plan will be managed and enforced by the Association. 18. Landscape. Trees shall be planted away from fence lines so that branches do not interfere with fence maintenance. ARTICLE V DOMESTIC WATER 1. Potable Water Supply. The potable water supply for each of the three lots within the Subdivision shall be the Well located on Lot 2, as operated pursuant to Well Permit No. 33380-F issued by the Colorado Division of Water Resources. All Lot Owners shall be jointly responsible for meeting all obligations set forth in the Well Permit. The Well also operates pursuant to Water Allotment Contract No. with the Basalt Water Conservancy District ("BWCD Contract"). All Lot Owners shall be jointly responsible for meeting all obligations set forth in the BWCD Contract which will be assigned from the Declarant to the Assocation. 2. Water System Easements. All Lots Owners within the Subdivision shall have an easement to access the Well and all pumphouses, storage tanks, pipelines, and other workings associated with the delivery of potable and irrigation water to each lot (collectively referred to as the "Water System") located anywhere within the Property, for reasonable operation and maintenance purposes. Such easement includes a right to free and unrestricted access for such purposes and shall be twenty (20) feet in width surrounding all parts of the Water System as finally constructed or shown on the Plat. In the event that any gates, well houses, or other parts of the Water System are locked for security purposes, all Lot Owners shall immediately be provided with a key and shall not otherwise be restricted from accessing the Water System. The reciprocal easements granted herein shall be for the benefit of all Lots within the Subdivision. 6 The location of all parts of the Water System shall be determined by cooperation of all Lot Owners and in a manner which interferes the least with existing structures including but not limited to houses, outbuildings, and roads 3. Ownership of the Lewis Well. The Association shall own and operate the Well, the Well Permit, pump(s), and any appurtenant parts of the Water System used in common by all Lots. No interest in the Well and Water System may be transferred apart from the Lots within the Subdivision. The Association and all Members thereof (the Lot Owners) shall be mutually responsible for the Well and to operate, maintain, repair, replace and improve the Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in the name of the Association. The owner of Lot 2 upon which the Well is located Association shall be designated as the Lot Owner to receive all mail and documentation relating to the Well and Water System. Copies of all such mail and documentation shall be promptly provided to other Lot Owners, or made available for review at the convenience of other Lot Owners. 4. Uses of the Well; water treatment obligations. The Well shall be used on each Lot only for in house use in a single family home. Each Lot Owner shall install a flow-restrictor valve on their water supply line from the Well to ensure that the maximum draw is not more than five (5) gallons per minute. The restrictor should be placed on the line running into each Lot Owner's storage tank (described below in Paragraph 7). Lot Owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each Lot Owner's risk. Any treatment shall be at the option of each individual Lot Owner. If the Association should elect to construct any joint treatment facility, the costs of such facility and operation and maintenance thereof shall be assessed as common expenses of the Lot Owners by the Association in the same manner as other common expenses described in this Declaration. 5. Emergency Repair of Water System. In the event that the Lot Owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potable or irrigation water service, any of the Lot Owners shall be entitled to undertake any maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any Lot Owner(s) decide to undertake any such work absent the consent of any other Lot Owner(s), he or she shall notify the other Lot Owners in writing. The Lot Owner(s) undertaking the work shall, upon completion, provide the other Owner(s) with a written statement of the work performed and an allocation of each Lot Owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each Lot Owner will attempt to contact the other Lot Owner(s) by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the three Lot Owners in the manner set forth below in Paragraphs 9 and 10 for payment of joint expenses associated with the Potable Water System associated with the Subdivision. 6. No waste. In the event of a water shortage from the Well, including but not limited to a reduction in pumping rate, all Lot Owners shall cooperate and shall reduce their uses accordingly to conserve water. No Lot Owner shall be entitled to waste water, and each Owner 7 shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 7. Storage. At the time that a residence is constructed by each Lot Owner, the Owner(s) of such shall install a water storage tank not less than 500 gallons in size at such Lot Owner(s)' sole cost and expense. Such storage tank shall also be buried at such Lot Owners' expense where it can intercept all water for the Lot from the Well and be plumbed into the residence to ensure that there is an adequate supply of water for the residence in the event that the instantaneous pumping rate of the Well is inadequate to meet demand. Each Lot Owner shall also install a booster pump from each storage tank to help meet peak water demands. 8. No Other Wells. No other exempt wells may be drilled upon any Lot within the Subdivision unless the drilling of any such well does not jeopardize the status of the Well Permit for the Well which is exempt from administration under the prior appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3)(b)(l1)(A). No other wells may be drilled within the Subdivision absent the unanimous written consent of all Lot Owner(s) and a valid well permit issued by the Colorado Division of Water Resources. In the event that any Lot Owner(s) discontinue use of the Well with the consent of the other Lot Owner(s) pursuant to this Paragraph 8, such discontinuing Lot Owner(s) interest in the Well shall revert in pro rata ownership to the other remaining Lot Owners still using the Well. 9. Operation and Maintenance Expenses. The Owner(s) of each Lot shall be entitled to use an undivided one-third (1/3) of the water produced by the Well which currently pumps at a rate of 15 gpm. The withdrawal of water from the Well shall be for domestic use in one single-family dwelling on each Lot. The Owner(s) of each Lot served by the Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the Well, pump(s) and appurtenant facilities, and the costs of common water lines or other common water facilities and the BWCD Contract billings. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each year. If any Lot is not hooked onto the Well, the Owner(s) of such Lot shall not be obligated to contribute toward operation and maintenance expenses. If any Lot is hooked on but has not yet commenced service, no electricity costs shall be assessed against the Owner(s) of such Lot. In addition, the Owner(s) of each individual Lot shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that lot, including individual service lines and any individual storage tanks. The Owner(s) of each Lot shall contribute $100 per lot (total of $300.00 each year) into the Association's Account. These contributions shall be used first to pay monthly electrical expenses associated with operation of the well pump. Any surplus funds each year shall be held over in the account and designated for use in the event that the pump needs repair or replacement. If these funds are fully used in any given year, the Owner(s) of each Lot shall make additional proportional contributions (1/3, 1/3, 1/3) as may be necessary to cover expenses for that year. The Association shall operate and maintain the Potable Water System and pay any associated costs for maintenance, operation, repair, replacement, or improvement of common facilities. Non-essential maintenance, operation, repair, replacement or improvement of 8 any part of the Water System shall only be performed after consent of all Lot Owners. The Association shall be empowered to assess each Lot Owner proportionally for common expenses in excess of annual required contributions, and to lien the property of any Lot Owner who fails to timely pay any such assessment. All Lot Owners shall be entitled to an accounting of use of Association funds upon reasonable request to the Association Manager, who shall keep records of contributions and expenses for operation and maintenance of the Potable Water System. 10. Collection and Payment of Joint Expenses. As set forth above, the Association shall be established by the Declarant. This Association shall levy and collect from each Lot Owner his or her share of common expenses for the Well, electricity, and other common expenses within fifteen (15) days from the time at which a written statement of expenses is presented for payment by the Association Manager or the Owner(s) of any other Lot. In the event that the Owner(s) of any Lot fails to pay his or her share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid amount shall accrue at the rate of ten percent (10%) per annum, beginning sixty (60) days after presentment. In the event that any Lot Owner fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent Lot may be discontinued. However, notice shall first be given to the non-compliant Lot Owner by certified mail sent no less than thirty (30) days prior to termination of service to the last known address of the delinquent Owner. Any Lot Owner(s) that have paid the delinquent Owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and costs incurred by the Owner(s) of any Lot(s) or the Association in the process of collecting any amount due from any other Lot Owner(s) pursuant to the terms of this Declaration shall be paid by the delinquent Lot Owner(s). ARTICLE VI FLYING FISH ROAD 1. Flying Fish Road. a. Operation, Maintenance and Repair Costs. The Association shall maintain Flying Fish Road in good repair on a year round basis, including, but not limited to snow removal and repair of erosion. Such costs shall be shared equally between the owners of Lots I, 2, and 3. If damage is attributable solely to Lot 1, Lot 2, or Lot 3, such as from heavy construction equipment, then that Lot Owner shall at its sole expense promptly repair all such damage. In June of each year, each Lot Owner shall contribute $500 to the Association bank account for use for Flying Fish Road maintenance. If this amount is not enough, the Owners shall, by Owner Action, ask each Owner to contribute an additional amount which shall be considered a Special Assessment against each Lot which can be collected as set forth in Article V, Section I0, above. ARTICLE VII GENERAL PROVISIONS 9 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to Lots 1, 2, and 3 and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and alI expenses, including attorneys' fees and costs reasonably incurred in any action, including settlement, to which the Declarant or Association Manager may be a party, other than those acts or omissions of Declarant or Association Manager taken or done in intentional disregard of the provisions hereof. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived members of the Declarant. Colorado law provides that the rule against perpetuities will not be violated for 1,000 years after the Declaration was signed. 6. Non -Waiver. The failure of Declarant, the Association, the Association Manager or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference. If there is a conflict between captions and the underlying text, the latter shall control.. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. 9. Attorneys' Fees and Costs. In any action to enforce any terms or conditions set forth in this Declaration, the substantially prevailing party shall be entitled to recover their reasonable attorneys' fees, costs and expenses. 10. Binding Effect; Covenants to Run with the Land. This Declaration shall inure to the benefit of and be binding upon the Owners of Lots 1, 2 and 3 of the Vagneur Minor Subdivision, and shall be recorded in the Garfield County, Colorado real estate records, and shall run with the lands described herein. 10 11. Amendments. This Declaration can only be amended by the unanimous written consent of the Owners of Lots 1, 2, and 3 of the Vagneur Minor Subdivision. Any amendment shall be recorded in the Garfield County, Colorado real estate records. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 201_. Wayne E. and Lois M. Vagneur 60 Flying Fish Road Carbondale, Colorado, 81623 Wayne E. Vagneur Date: Lois M. Vagneur Date: STATE OF COLORADO ) ) ss COUNTY OF Garfield ) Subscribed and sworn to before me by persons satisfactorily identified to me as Wayne E. and Lois M. Vagneur, this day of , 2015. WITNESS my hand and official seal. My commission expires: Notary Public 11 EXHIBIT "A" VAGNEUR MINOR SUBDIVISION WEED MANAGEMENT PLAN Individual property owners of the Vagneur Minor Subdivision shall be responsible for the following weed management strategies to prevent or stop the spread of noxious weeds. 1. Individual property owners are responsible for the timely revegetation and reclamation of disturbed sites using appropriate native plant species. Disturbed areas from construction such as roads, driveways, and new utility areas shall have the existing topsoil stockpiled and then replaced on the disturbed areas to the extent possible. Imported soils are more likely to be contaminated with other weed seeds and therefore should be avoided. The following strategies shall be utilized for the revegetation of disturbed areas: a. Study all vegetation in the area and surrounding areas. b. Preserve plant species native to Colorado. c. Test the soil for pH balance. Try to retain and utilize as much on-site topsoil as possible. d. Select a predominant species that is appropriate to the site. Then choose a few complimentary species to provide a balanced plant community. e. Choose plants that are healthy, vigorous and pest free. f. Use weed -free seeds. Use non -hybrid seeds. Avoid commercial seed packets containing exotic plant species. g. Choose plants that are horticulturally appropriate, i.e. plant species that are adaptable to climate, soil and topographical conditions of the designated area. h. Consider the use of water, its availability and the vegetative requirements. i. To landscape for wildlife, choose native plants that provide cover, forage, browse, seeds for birds and rodents, and shade. j. Be site-specific; revegetation strategies may vary for small lots, farms, ranches or construction sites. k. Establish a vegetative cover that is diverse, effective and long lasting, capable of self- regeneration. 1. Stabilize the surface. 2. After final grades are established and topsoil is spread, property owners must reseed using a native plant species seed mix. A sprinkler system should be used following planting to encourage healthy plants. 3. Individual property owners are responsible for identification and eradication of all noxious weed infestations as well as continuous monitoring and evaluation to prevent recurrence. The Garfield County Designated Noxious Weed List includes the following: 12 a. Canada thistle (Cirsium arvense) b. Chicory (Cichorium intybus) c. Common burdock (Arctium minus) d. Dalmatian toadflax (Linaria dalmatica) e. Diffuse knapweed (Centaurea diffusa) f. Hoary cress (Cardaria draba) g. Houndstongue (Cynoglossum offinale) h. Jointed goatgrass (Aegilops cylindrica) i. Leafy spurge (Euphorbia esula) j. Musk thistle (Carduus acanthoides) k. Oxeye daisy (Chrysantheum leucanthemum) 1. Plumeless thistle (Carduus acanthoides) m. Purple loosestrife (Lythrum salicaria) n. Russian knapweed (Acroptilon repens) o. Russian olive (Elaeagnus angustifolia) P. Salt cedar (Tamarix ramosissima) q. Salt cedar (Tamarix parviflora) r. Scotch thistle (Onopordum acanthium) s. Spotted knapweed (Centaurea maculosa) t. Yellow starthistle (Centaurea solstitialis) u. Yellow toadflax (Linaria vulgaris) 4. In the seasons following planting, noxious weed control shall take place twice yearly in the disturbed and newly planted areas until well established plants are healthy and cover the bare soil. Other weed management beyond the disturbed areas should be done twice each year at a minimum and more often if needed. This should include locating and either cutting or selective spot spraying any noxious weeds. 5. If a Lot Owner fails to control noxious weeds, another Lot Owner can take steps to eradicate them, including hiring a weed removal company and entering the offending Lot Owner's property after reasonable notice, and be reimbursed for the expense of weed removal. Reasonable notice shall be defined as 3 requests, the last one in writing at least 10 days before self-help steps are taken to remove the weeds. The weed removal expense can be assessed against the offending lot owner as a Common Expense set forth in the Declaration. 13 EXHIBIT "B" VAGNEUR MINOR SUBDIVISION FUGITIVE DUST MANAGEMENT PLAN All land developers of the Vagneur Minor Subdivision are required to apply to the Colorado Department of Public Health and Environment/Air Pollution Control Division for an Air Pollutant Emission Notice (APEN) and Application for Construction Permit. The Vagneur Subdivision intends to follow a dust control plan to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable within the subdivision and on any access roads used for travel to and from proposed home sites within the subdivision. 1. During the land development process, fugitive dust control of unpaved roads in the subdivision will include watering at a frequency of 1 or 2 times per day or as needed. The application of chemical stabilizer is not advised due to the close proximity of the land development areas to active agricultural lands. Vehicle speed control will be enforced with speeds Iimited to a maximum of 15 mph. 2. Fugitive dust control of disturbed surface areas on site will include watering as needed. Revegetation of these areas must occur within one year of soil disturbance. All areas to be vegetated shall be seeded with a native grass seed and mulched. If furrowing is applicable for seeded areas, furrows shall be at a right angle to the prevailing wind and the depth of furrow must be greater than 6". All disturbed foundation areas must be compacted to within 90% of maximum compaction on a daily basis. Snow or silt fence may be used as wind breaks if necessary. All disturbed steep areas shall be netted or mulched when reseeded, 3. Prevention of mud and dirt carried out onto paved surfaces will include gravel at all entryways. The cleanup of paved areas will occur as needed with a street sweeper or a hose with water. 14