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HomeMy WebLinkAbout1.0 ApplicationVEIL JUN 0 7 2006 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION (To be completed by the applicant.) > Subdivision Name: overview > Type of Subdivision (check one of the following types): �p Sketch Plan _ Preliminary Plan Final Plat _ x __ £h` > Name of Property Owner (Applicant): wn yn e R„ ���� > Address: 132 Park Ave. Telephone: 927-9119 ➢ City: Basalt State: c0 Zip Code: 81601 FAX: 9 2 7- 4 0 2 7_ > Name of Owner's Representative, if any (Attorney, Planner, etc): Steve Oger, Rick Oger, Gary Setnes > Adq o Rudd Construction 132 ParkAve. Telephone: 927-9119 > City: Basalt State: co Zip Code: 81601_ FAX: 927-4027_ ➢ Name of Engineer: Sopris Engineering,LLC ➢ Address: 502 Main - A3 Telephone: 704-0311 > City: Carbondale, State: CO Zip Code: 81623 FAX:704-0313_ > Name of Surveyor: Sexton Survey > Address: 128 W. 3rd. ➢ City: Rifle > Name of Planner: > Address: > City: Telephone: _675-3/11 State: co __ Zip Code: 81650 FAX: 625-3160_ Telephone: State: __ Zip Code: _____ FAX: GARFIELD COUNTY BUILDING & PLANNING GENERAL INFORMATION continued... > Location of Property: Section 3 5 __ Township __ 6 S __ Range 8 8 w • Practical Location / Address of Property: 8575 C R 115 Glenwood Springs, CO 81601 > Current Size of Property to be Subdivided (in acres): > Number of Tracts / Lots Created within the Proposed Subdivision: 4 48.520 > Property Current Land Use Designation: 1. Property's Current Zone District: 2. Comprehensive Plan Map Designation: Proposed Utility Service: > Proposed Water Source: Well, Permit #252563 > Proposed Method of Sewage Disposal: I S DS > Proposed Public Access VIA: CR 115_, Dive Asn; r _J 3 5 > Easements: Utility: Kinder Morgan, Holy Cross. Qwest Ditch: Thad Neislanik Ditch • Total Development Area (fill in the appropriate boxes below): (1) Residentiaii nits 1 Lots:;:< size [Acre: rkino Provided:: 3 11.352 12+ ...........ull........................ Ho-Famit. (3) tndtjistr i t_ 3 ow Ars 11.352 ze (Acre i PPM 12+ #�arkina Provide Quasi-Fubtic (5) #ape n So ace 7 dint[ on Area 37.168 .................. 'stat 37.168 > Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on > Plat Review Fee (see attached fee schedule) 2 I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http://www.garfield-county.com/buildinq and planninq/index.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more Tots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the PJanningDepartment_toremedy the application _so_thatit_may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan -review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-countv.com/buildinq and planning/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accur, to to the best of my knowledge. in _._/_)_ i i 6 /1--,/06 (Sig a re of applicant/owner) Date j Last Revised: 11/21/2002 8 Garfield County INTEROFFICE MEMORANDUM To: David Pesnichak, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Overview Subdivision Plat Review Date: 10/018/2006 SURVEYOR SCOTT AIBNER, P.L.S Dear David, Upon review of the Overview Subdivision, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. There is no way to duplicate the 24' utility and access easement on the ground. Ties are needed at both ends from centerline to a property corner. The hammerhead is not tied properly to the centerline. 2. All lots must have a name designation and acreage listing. 3. If the 10 foot wide ditch is described by book and page, that book and page should be noted on the plat. If a 10 foot ditch easement is being created by this plat, it should be noted as such. The centerline of the annotated ditch centerline should be tied at both ends to a property corner in order to duplicate it on the ground. 4. The total distance of 407.88' should be indicated along the southerly boundary in place of 367.31', same with the indicated distance of 250.99' where 325.99' should be indicated and 2533.12 along the northerly line should be placed below the boundary line. The shorter distances representing the lot lines where they intersect the exterior boundary should always beplaced inside the lot to avoid confusing them with exterior boundary distances. 5. This map and description do not close by 220.01 feet. It appears the error lies in the westerly line. 6. The center of section should be labeled on the map along with a description of the monument found or set. 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garf eld-countycom Once these comments have been addressed, an additional black line copy shall be submitted for re review. Sincerely, Scott Aibner As Garfield County Surveyor cc Brian Steinwinder — The Sexton Survey Company cc Tim Thulson — Balcomb and Green 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom Noxious Weed Management Plan Overview Subdivision — Owner Wayne Rudd This noxious weed management plan is for the proposed Overview Subdivision off County Road 115, in Garfield County. The parcel is located in Section 35, Township 6 South, Range 88 west of the 6th PM. This Noxious weed management plan considers all 21 of the noxious weeds listed in the Garfield County's noxious weed list. This plan included a site visit to locate and determine the numbers and species of these plants that are located on this property. Attached is the result of the site visit in a map showing the approximate location of 5 species that were identified as noxious weeds present on the Garfield County list. Below is a table showing the species and control methods etc. For all cases chemical spraying is going to be used to mitigate these weeds beginning Fall 2006. Weed Species Plant Type Other Chemical Spray Hand Dug Timing Canada Thistle Creeping perennial X X Fall/Spring Plumeless Thistle Annual/biennial X Fall/Spring Scotch Thistle Biennial X X Fall/Spring Spotted Knapweed Perennial X X Fall/Spring Canada Thistle Creeping perennial X X Fall/Spring Prepared by Zancanella & Associates Inc. 1011 Grand Ave. Glenwood Springs, CO 81601 Z: 97000's197404 Rudd, WayneNoxiousWeedManagementPlan APPROXIMATE CL 50' EASEMENT 500E 879 PAGE 174 (FINDER MORGAN) N N APPROZ. CL 10' WIDE DITCH PROPOSED LCT BOUNDARY TPP. 0978 4 HI 11 OF 1f CL 160 Nel- S1SItV ( EZI8715C DRIVE ACCESS TO BE USED FOR 1-9 APPROXIMATE LOCATION OF 11197150 CATE R ACCESS FOR TRACT A Noxious Weed Key Burdock Plumeless Thistle "'Spotted Knapweed Canada Thistle Scotch Thistle y,< note: small circle denotes single plant, larger polygons denote groups of plants CMP Index Map Noxious Weed Location Map SCALE: see scale bar DATE: SHEET: 1 August 2006 1 OF 1 DRAWN BY: DLR CHKD BY: TWZ APPD BY: TWZ DRAWING: see footer Wayne Rudd ZANCANELLA AND ASSOC/A TES, INC. ENG/NEER/NG CONSULTANTS POST OFFICE 80X 1908 - 1011 GRAND AVENUE GLENW00D SPRINGS, COLORADO 81802 (970) 945-5700 FIGURE NO. 1 PROJECT: 97404 Noxious Weed Management Plan Overview Subdivision — Owner Wayne Rudd This noxious weed management plan is for the proposed Overview Subdivision off County Road 115, in Garfield County. The parcel is located in Section 35, Township 6 South, Range 88 west of the 6th PM. This Noxious weed management plan considers all 21 of the noxious weeds listed in the Garfield County's noxious weed list. This plan included a site visit to locate and determine the numbers and species of these plants that are located on this property. Attached is the result of the site visit in a map showing the approximate location of 5 species that were identified as noxious weeds present on the Garfield County list. Below is a table showing the species and control methods etc. For all cases chemical spraying is going to be used to mitigate these weeds beginning Fall 2006. Weed Species Plant Type Other Chemical Spray Hand Dug Timing Canada Thistle Creeping perennial X X Fall/Spring Plumeless Thistle Annual/biennial X Fall/Spring Scotch Thistle Biennial X X Fall/Spring Spotted Knapweed Perennial X X Fall/Spring Canada Thistle Creeping perennial X X Fall/Spring Prepared by Zancanella & Associates Inc. 1011 Grand Ave. Glenwood Springs, GO 81601 Z: 97000 's!97404 Rudd. WayneNoxiousWeedManagementPlan APPROX. CL 10• VIDE DITCH PROPOSED LOT MOONILUD' TTP. APPROXIMATE CL 50' EASEMENT BOOK 973 PICS 174 WILDER MORGAN) APPROXIMATE LOCITRIN OP EXISTING CITE & ACCESS FOR TRACT I COUNTY ROAD (QRITRL) Noxious Weed Key Burdock Plumeless Thistle Spotted Knapweed Canada Thistle Scotch Thistle note: small circle denotes single plant, larger polygons denote groups of plants CMP EXISTING DRIVE ACCESS 10 DE USED FOR L019 1-S Index Map Noxious Weed Location Map SCALE: see scale bar DRAWN BY: DLR DATE: 1 August 2006 SHEET: 1 OF 1 CHKD BY: TWZ APPD BY: TWZ DRAWING: see footer Wayne Rudd ZANCANELLA AND ASSOC/A TES, INC ENG/NEER/NG CONSUL TANTS POST OFFICE BOX 1905 - 1011 GRAND AVENUE FIGURE NO. --•••-' " •" PRO ".- 0 vn/ 01502 (970) 945-5700 I. 97404 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 RECEIVED ww.bakombgreen.com DANIEL C. WENNOGLE j�('� SCOTT GROSSCUP AUG 1 G L(J06 August 16, 2006 SHANTI A. ROSSET* CJ" * LICENSED IN ARIZONA ONLY GARFILLL+�tu riY BUILDING a PLANNING Via: Hand Delivery Mark Bean Garfield County Building and Planning 108 8th, Ste. 201 Glenwood Springs CO 81601 RE: Overview Subdivision - Final Plat Application Dear Mark: KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY Relating to the above referenced matter, I provide herewith for staff review, three (3) copies of the following entitled documents: Inc.): 1. Final Plat of Overview Subdivision; 2. Overview Subdivision, Subdivision Improvements Agreement; 3. Overview Subdivision Construction Drawings (Zancanella and Associates, A. Access Road Plan and Profile; B. Water Plan; C. Water Plan Detail D. Water Plan Details; and E. Drainage Plan; BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Page 2 August 16, 2006 4. Declaration of Protective Covenants for the Overview Subdivision; 5. Homeowners Association Agreement (Governing transfer of Common Area Parcel and public improvements from the owner, Wayne Rudd, to the Overview Homeowners Asssociation); 6. Quitclaim Deed from Wayne Rudd to Overview Homeowners Association (effecting the conveyances addressed under the Homeowners Association Agreement); and 7. Noxious Weed Management Plan and Noxious Weed Location Map. The filing fee for this Application has previously been paid. I would like to schedule a conference with you at your earliest convenience to walk you through these documents. As discussed, Richard Wheeler was the planner responsible for processing subdivision review. BALCOMB & GREEN, P C. othy ; " hulson 7531.97 7533.5 7533.9 0 7533,97 7532.6 7530.5 7531.32 7529.4 iv 7530.13 W + 7529.1 7529.1 7529.0 1 i 1 7530.38 7530.2 7532.3 0 7532.79 03 + 0 d 0 0 O 0 0 7534.8 7537.3 7537.36 7539.8 7542.1 7541,93 7544.3 7546.0 7546.50 7547.2 7548.3 7548.17 7548.8 7548.6 7548.50 7548.1 7547.5 7 55V7A0 i v1 0 i '% O S02.58'44"W u cobs r- 0 0 657.66 911# QVo2l .L.LNnoo S02"58'44" 529.37' r i REV. 1 NO. DATE REVISION MAUL UHKD APPD BY BY BY SCALE: 1"=50' ACCESS ROAD PLAN & PROFILE DATE: 12 APR 2005 SHEET: 1 OF 1 DRAWN BY: TPB CHKD BY: TPB APPD BY: TAZ DRAWING: BASE Z \970110'8\97404 Rudd. Wayne 97404 011 Chen Inv Subdrviwon\Prcbm Ph Submtl\dwg\OVERVIEW SUBDIVISION -BASE dwg. 8/1/2006 11.2774 AM OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/A7ES, INC ENG/NEEX'/NC CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81802 (970) 945-5700 FIGURE NO. PROJECT: 97404.06 R NO `V 5 O \\ 9r9 0 99,, • 6,5%\ - 302°58'44"W 719.19' 607.65' A! .00, 00.06N 0 0 NORTH DATE REVISION So2.58'44•.\ 526.3 q' MADE BY C:HKD BY APPD BY SCALE: 1 = 50' WATER PLAN DATE: 15 APR 05 SHEET: W1 OF 2 DRAWN BY: TPB CHKD BY: TPB APPD BY: TAZ DRAWING: BASE Z.\97000's\97404 Rudd. Wayne \97404 08 OA cn my. Subdlvlsion\Rcbm Pim Submtl\dwg\OVERVIEW SUBDIVISION -BASE dwg. 8/1/2006 11 27 15 AM OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/ATES, INC ENO/MLR/NO CONSUL (ANIS POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLEN11000 SPRINGS, COLORADO 81802 (970) 945-5700 FIGURE NO. PROJECT: 97404.06 0 (J) 0) m D m 0 mw =0Z m m >INdl ?:131VM 13M JNIISIX3 _ Z Z m>> \\ Z 1— ` ---I = 10 0 c) 0 -rn?m NORTH REV. NO. DATE REVISION MADE CHKD APPD BY BY BY WATER PLAN DETAIL SCALE: 1 = 50' DATE: 15 APR 05 SHEET: W1 OF 2 DRAWN BY: TP8 CHKD BY: TPB APPD BY: TAZ DRAWING: BASE Z \971N10's'97404 Rudd. Wayne 97404 SS O1.cn1 v Subdmsmn\Prelim Plat Submtl\dwg\OVERVIEW SUBDIVISION -BASE dwg, Il/1/21116 I 12650 AM OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/A7ES, /NC- ENC/NEER/NC CONSUL TAN/N POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLENW000 SPRINGS, COLORADO 81802 (970) 945-5700 FIGURE NO. W1A PROJECT: 97404 06 • i - FIRE PROTECTION SYSTEM #`f STANDARD DRY HYDRANT - DRAFT components,_ A Optional rnanwey with polyethylene eversion to grade $ Bolted steel cover with gasket C 4" lockable level inspection poll O Combination PVC vent / refill, 2.5' NST -F swivel & plug E Dry hydrant head with dust cap, 6" NST -Male F p pipe Coupling molded into tank shell for draw pipe G 6" dray pipe with vortex breaker a1 foot H Weep tube to ma!+Main proper air !space 4" cern & prnove firth"; with tackebto cnF APPLIED ENGINEERING & SUPPLY GOLDEN, COLORADO 303.215.0287 Notes 7 AGM through. combination vent or dry hydrant with 2.5 -hose adapter (50 PSI mar) 2 Lift for 8 ft. diameter tank — 13 vertical feet to hydrant heed 3 Manway access is not rewired optional accessary 4 Order check valve in weep tuber 71" for potable water appirca/ions 5 Mix or combine accessories to meet your specific deprartmerrt requirements 5 Use filler fabric geoiextile between gravel and soil cover 7 )nstat;etion must fofta vA.E,(5 S. 'Installation Handbook" Vert with 9u3JO' a� /DA4G1 screen. $gess 2.5" NStrrettt twivef P+ru& b' NST. Mare hydrant head t — AAdrnere 45' d9sf r, 0' 41.1 2 P, rebtic r Qr6 v.0 Road surface .: !/. "INF • 4 v.t .Q , 0 Descriptive of rim department eppl)cationa nar,i01 f+.''S'l DETAIL PROVIDED BY FIRE DEPARTMENT FIRE SUCTION PIPE TANK ACCESS MANHOLE 2" TANK FITTING FOR WATER SUPPLY FROM WELL EXIST. WELL �\ SCH. 40 PVC ONE 7,000 GAL. FIBERGLASS WATER STORAGE TANK (BURIED) 2" SCH. 80 PVC 4" TANK FITTING FOR WATER SUPPLY TO LOTS 6" TANK FITTING FOR 35 GPM SUBMERSIBLE PUMP CONTROLLED BY VFD FOR PRESSURE REGULATION TO CONSTANT 50 PSI 6" TANK FITTING FOR LEVEL CONTROLS FOR WELL PUMP 2" DRAIN TO DAYLIGHT (IF POSSIBLE) DA WATER PLAN DETAILS SCALE: NOT TO SCALE DATE: 15 APR 05 SHEET: W2 OF 2 DRAWN BY: TPB CHKD BY: TPB APPD BY: TAZ DRAWING: BASE OVERVIEW SUBDIVISION • Z \97000'x'.97494 Rudd. Wavne97404 OR therncw Subd,nsion'Prelun Plat Submtl\dwg\Aankdtl dwg. 8/1/2006 11.28 59 AM ZANCANELLA ANO ASSOC/.47E3 INC ENG/NEER/NG CONSUL TANTS POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLENW)OD SPRINGS. COLORADO 81602 (970) 945-5700 FIGURE NO. PROJECT: 97404.06 ��y IN Pl" ' \ \ \ ' 11 C/3 � rti 'Ci \ \ \ ttl I \ \ \ 0 \ b4.- \ .2,,.?' 44' 4 \ 1 \ / � 9• ss kl CU 0 0 Ai �- D / z /J 0� CD CP CD 'o 0 1 \i ti J t. s • 4. .cp\`=. tzl aft as '. ono b . \ \ tu = o c4 NW III bi 1111100 '53 `/ N n1 X (1) /: -0 01 w 502°58'44"W 719.19' : '7 Iii Itogiono 200.00 f n c c, m1 P htb tzi 2. &I 1 6-3 btyiyn t, O ; t1bc 1 _60')'.65' P NO2°58' 657.66 tai tib w tri 0 ' 1 1 510 Qvo21 AINn03 RLv. NO. DATE REVISION MADE CHKD BY BY APPD BY DRAINAGE PLAN SCALE: = 1000' DATE: 15 OCT 2004 SHEET: 1 OF 1 DRAWN BY: TPB CHKD BY: TPB APPD BY: DRAWING: TAZ PRE PLAT SUBMTL • Z 197000'5'974104 Rudd. Wacne\97404 08 Ovenicw Subdll'isiun\Rehm Plat Submtl'.dug \OVERVIEW SUBDIVISION -BASE dwg. 8/I/2006 11 26 07 AM OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/A7ES, INC ENO/NET/MC CONSUL TANS POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLENWOOD SPRINGS. COLORADO 81602 (970) 945-5700 FIGURE NO. PROJECT: 97404.06 DECLARATION OF PROTECTIVE COVENANTS FOR THE OVERVIEW SUBDIVISION TABLE OF CONTENTS ARTICLE I PURPOSE OF COVENANTS 1 ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1 A. Membership 1 B. Purpose 1 ARTICLE III PERMITTED USES 2 A. Primary Dwelling Units 2 B. Agricultural Uses 2 C. Other Uses 2 ARTICLE IV WASTEWATER TREATMENT AND ISDS MAINTENANCE 2 A. Wastewater Treatment 2 B. ISDS Maintenance 3 ARTICLE V PROPERTY RIGHTS 3 A. Common Area 3 B. No Dedication to the Public 4 ARTICLE VI RESTRICTIONS AND PROTECTIVE COVENANTS 4 A. No Further Subdivision 4 B. Duplexes/Multi-Family Structures 4 C. Fencing 4 D. Lighting 5 E. Domestic Animals 5 F. Horses 6 G. Ranch and Farm Animals 6 H. Underground Utility Lines 6 I. Service Yards and Trash 6 J. No Mining, Drilling or Quarrying 6 K. Domestic Water Wells 6 L. Wastewater Treatment 7 M. Primary Access 7 Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd N. Hunting 7 O. Trash Containers 7 P. Damage Waiver 7 Q. Removal of Carcasses 8 R. Penalties/Wildlife Restrictions 8 S • NOltou.s c-*-e-ct 8' ARTICLE VII RESTRICTIONS ON LOTS 8 A. Number and Location of Buildings 8 B. Completion of Construction 8 C. Enclosure of Unsightly Facilities and Equipment 8 D. Noxious or Offensive Activity or Sounds g 1 E. Air Quality Restrictions 9 F. Firearms 9 G. Commercial Activities 9 H. General Restriction 9 ARTICLE VIII COLLECTION OF ASSESSMENTS - ENFORCEMENT 9 A. Assessments 9 B. Lien for Nonpayment of Assessments 10 C. Enforcement Action 11 D. Limitations on Actions 11 ARTICLE IX RESERVED EASEMENTS 11 A. Easements Shown on Final Plat 11 B. Easements for Utilities, Access and Repairs 11 ARTICLE X INSURANCE 12 A. Types of Insurance 12 ARTICLE XI GENERAL PROVISIONS 13 A. Declaration to Run 13 B. Termination of Declaration 13 C. Amendment of Declaration 13 D. Severability 13 E. Paragraph Headings 13 F. Limited Liability 13 Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd ii DECLARATION OF PROTECTIVE COVENANTS FOR THE OVERVIEW SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE OVERVIEW SUBDIVISION is made and entered into this day of , 2006. ARTICLE I PURPOSE OF COVENANTS This Declaration of Protective Covenants ("Declaration") shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as the Overview Subdivision ("Subdivision") consisting of three residential lots ("Lots") and a common area parcel (Common Area") as defined and described in the Final Plat for the Subdivision heretofore recorded as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado ("Final Plat"). It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots and Common Area as much as possible with respect to uses, structures and general development. This Declaration shall be a burden upon and run with all the lands within the Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION A. Membership. All persons or other entities (including without limitation the Declarant) who own or acquire all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall automatically be considered to have, for each such Lot owned, one membership interest in the Overview Homeowners Association ("Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. B. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association, including but not limited, to the Common Area. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision including any such roads dedicated to the County of Garfield, Colorado, in good, safe and usable condition to the extent that such may be reasonably necessary, feasible and desirable. The Association shall also Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd 1 have the right but not the obligation to maintain, repair, regulate and keep the individual sewage disposal systems ("ISDS's") installed and located within the Lots in good operating order in accordance with the terms and provisions of this Declaration. The Association may enter into agreements with third parties for the performance of the responsibilities of the Association described above. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, as more fully provided herein. ARTICLE III PERMITTED USES A. Primary Dwelling Units. Only one (1) single-family dwelling unit shall be permitted to be constructed on each Lot. The minimum size of a single-family dwelling shall be two thousand (2,000) square feet, exclusive of basements, open porches, decks, carports and garages. B. Agricultural Uses. The raising and harvesting of crops, gardening, greenhouse, nursery and orchard uses and activities shall be permitted within the Subdivision; provided, however, that any and all such agricultural uses and activities shall remain subject to all other applicable provisions and restrictions of this Declaration, including but not limited to those contained within Article VI, Sections F and G governing the stabling, boarding and keeping of animals and Article VII Section G governing commercial uses. C. Other Uses. The following identified Other Uses shall be permitted within the Subdivision only upon the approval of the same by the Board of County Commissioners for Garfield County, Colorado pursuant to Section 9.02 of the Garfield County Zoning Regulations: 1. Arts and crafts studio; and/or 2. Home occupation ARTICLE IV WASTEWATER TREATMENT AND ISDS MAINTENANCE A. Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by individual sewage disposal system ("ISDS") installed by each Owner in accordance with the ISDS Regulations of Garfield County, and maintained by each Owner in accordance with the provisions of the ISDS Maintenance Plan set forth below. This indicates that a standard septic tank and leach field system would be appropriate. Each Owner shall be required to do a percolation test for the design of their specific system in the specific area chosen for their absorption area and each such ISDS shall be designed by a Professional Engineer registered in the state of Colorado. B. ISDS Maintenance. 1. Owner's Maintenance Responsibility. Except as provided otherwise in covenants or by a written agreement with the Association, all maintenance of individual Lots, Declaration of Protective Covenants Overview Subdivision E:`P\Parker, Roland\Protective Covenants 5.3.06.wpd 2 including, sewage disposal systems (ISDS), utility systems and utility lines from the point of connection to the common system shall be the sole responsibility of the respective Owner(s). In the event an Owner should fail to keep any utility system (including any ISDS) in good repair, the Association, without limiting any other remedy available under the covenants or applicable law, may enter upon said Lot for the purpose of inspecting such utility system and if the Owner refuses to make necessary repairs, the Association may do so and the costs of such repairs shall be charged to the Owner, shall be a personal obligation of the Owner which the Association shall have the duty and obligation to collect. Not less than biennially, each Owner shall provide the Association with satisfactory evidence of an inspection and necessary pumping of such Lot Owner's ISDS. 2. Owner' s Negligence. In the event that any portion of the Subdivision requires repair or replacement due to the negligent or willful act or omission of a Owner or Occupant, then the expenses incurred by the Association for such repair or replacement shall be a personal obligation of such Owner. If the Owner fails to pay any of the sums due under this Article IV within ten (10) days after notice is given to the Owner of the amount owed, then the failure to so repay shall be a default by the Owner and such expenses shall automatically become a default assessment, subject to collection by the Association pursuant to Article VIII, herein below. ARTICLE V PROPERTY RIGHTS A. Common Area. Every Owner shall have a right and non-exclusive easement of use, access and enjoyment in and to the Common Area, subject to: 1. this Declaration, the Final Plat and any other applicable covenants; 2. any restrictions or limitations contained any in deed conveying such property to the Association; 3. the right of the Association to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; 4. the right of the Association to suspend the right of the Owner to use the Common Area (a) for any time period during which any charge or assessment against such Owner's Lot remains delinquent, and (b) for a period not to exceed 90 days for a single violation or for a longer period in the case of any continuing violation of this Declaration, any applicable supplemental declaration, the Association's by-laws or rules; and 5. any governmental or quasi -governmental rules, regulations or statutes. Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd 3 Any Owner may extent his or her right to use and enjoyment to the members of his or her family, lessees and social invitees, as applicable, Subject to reasonable regulation by the Association. An Owner who leases his or her residential dwelling shall be deemed to assign all such rights to the lessee of such dwelling. B. No Dedication to the Public. Nothing in this Declaration or the other Association documents will be construed as a dedication to public use, or a grant to any public municipal or quasi -municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. ARTICLE VI RESTRICTIONS AND PROTECTIVE COVENANTS A. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided, however, that conveyances or dedications or easements may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed; subject however, to any reviews or approvals that may be required by the Garfield County Land Use Code. B. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate wildlife movement, optimize habitat availability, and reduce wildlife mortality. If peripheral fencing of the Subdivision is required to restrict domestic livestock grazing on adjacent properties, fencing shall employ a three strand barbed wire fence, with strands at eighteen (18), thirty (30) and forty-two (42) inches above the main ground level. 1. If wood rail fencing is used it shall not exceed forty-two (42) inches in height and twelve (12) inches in width (top view), and an opening in the lower one-half (') of at least sixteen (16) inches to allow passage of deer fawns and elk calves. Other fence materials such as wood slats, electric wires, or other synthetic materials may be used but shall not exceed forty-two (42) inches in height. 2. Owners shall be permitted a privacy fence, exceeding forty-two (42) inches in height with no openings, to enclose up to two thousand five hundred (2,500) square feet, providing it is immediately adjacent to the residential unit and is contained entirely within the respective Lot's building envelope. 3. If security fencing is required such fencing shall not be more than seven (7) feet in height and must be so constructed that wildlife movement between and through the Subdivision and the Lots is not lost or impaired. Declaration of Protective Covenants Overview Subdivision E:1P1Parker, Roland\Protective Covenants 5.3.06.wpd 4 D. Lighting. All exterior lighting shall be directed downward and towards the applicant's property. E. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations which may be promulgated by the Association. Owners shall be entitled to keep dogs on their property pursuant to all of the following restrictions and limitations: 1. In conformance with Section 9:15 of the Garfield County Subdivision Regulations of 1984, as amended, no more than one dog, excluding puppies under the age of fifteen (15) weeks, shall be kept by any Owner at any time upon any one (1) Lot; provided however, that in the event that Garfield County amends the above identified Subdivision Design Standard to allow the keeping of more than one (1) dog per Lot, this provision shall automatically be amended to incorporate said increase. 2. Dogs shall be kept under the control of their Owners at all times and shall not be permitted to fun free or to cause a nuisance in the Property. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. 3. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (15) minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. 4. When not accompanied by a person, all dogs shall be leashed, chained, "electric fenced," or kenneled. 5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste. 6. Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another, the Association shall be authorized to prohibit the Owner or any tenant, invitee, event guest or other user of a Lot from continuing to maintain the offending animal on his property and may take any action necessary to remove the offending animal from the Subdivision. The offending dog owner shall be provided written notice of such action at least two (2) days before removal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option. Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd 5 7. Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Association results in any annoyance or is obnoxious to other Owners within the Subdivision. F. Horses. The open pasturing of horses shall be permitted within the Subdivision; however, no more than (3) horses may be kept on any (1) Lot, except for the Common Area upon which such pasturing shall be subject of such rules and regulations as may be adopted by the Association. G. Ranch and Farm Animals. Ranch or farm animals including but not limited to, cattle, llamas, goats, pigs, and sheep shall be permitted within the Subdivision only for the purpose of allowing the participation by Owners and the members of their families in 4-H, Future Farmers of America or such other similar programs. All such ranch or farm animals shall be at all times properly penned or corralled within the respective Owner's Lot and shall not in any event be allowed to remain within the Subdivision for a time period greater than one (1) year. H. Underground Utility Lines. All water, sewer, gas, telephone, cable television and other utility pipes or lines within the limits of Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground, except for electrical lines. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. I. Service Yards and Trash. Equipment, service yards or storage piles on any Lots shall be permitted during the time periods during which construction activities are ongoing. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot unless the same are appropriately screened from the views of other Lot Owners. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. J. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. K. Domestic Water Well. Domestic water service for the subdivision shall be provided by one individual water well properly permitted under Exempt Well Permit No. 252563. At all times the Owners and the Association shall comply with all conditions of said Well Permit. The Association is hereby granted the authority and obligation to accept the transfer from Declarant of the Well Permit. Owners use of the well thereafter shall be subject to all reasonable regulations promulgated by the Association together with the following restrictions: Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd 6 1. water service shall be limited to the single family residences to be constructed within the Lots, solely; and 2. outside irrigation use shall be limited to a maximum of 10,000 square feet of lawn or other equivalent outside uses for each Lot. The Association shall be responsible for setting all rates, fees or charges for the provision of water service to the Lots as hereinabove set forth and all such rates, fees or charges assessed by the Association against each Lot shall be a personal obligation of the Owner thereof which the Association shall have the power and duty to enforce. L. Wastewater Treatment. Wastewater treatment shall be supplied to each Lot by individual sewage disposal system ("ISDS") installed and maintained by each Owner in accordance with the provisions set forth within Article IV. M. Primary Access. Primary access to the Subdivision from Garfield County Road 115 shall be via a publicly dedicated roadway known as Overview Lane. The costs of maintaining Overview Lane shall be borne exclusively by the Association in accordance with the provisions of this Declaration. N. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. 0. Trash Containers. All trash or garbage shall be contained within a container certified as bear -proof by the North American Bear Society, the National Park Service or the Colorado Division of Wildlife; provided, however, that a Lot Owners may use trash or garbage containers which do not meet the certifications above described so long as: 1. said container(s) is placed outside no earlier than the morning of the scheduled day for trash collection by the Owner's waste service provider; and 2. said container(s) is returned to the dwelling structure on the same day of collection by the Owner's waste service provider. P. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the Colorado Division of Wildlife harmless from any and all claims for damages to landscaping improvements or ornamental plants located within the subdivision resulting from the activities of big game (deer and/or elk). Declaration of Protective Covenants Overview Subdivision E:IPIParker, Roland\Protective Covenants 5.3.06.wpd 7 Q. Removal of Carcasses. The Association and Owners shall be responsible for the removal and proper disposal of all animal carcasses located within the Subdivision. R. Penalties/Wildlife Restrictions. The Association shall assess and enforce penalties against Lot Owners violating any of the wildlife restrictions set forth in this Article VII, as follows: One Hundred Dollars ($100.00) for the first violation committed by the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred Dollars ($300.00) for the third violation: and for each succeeding violation the fine shall increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Association. ARTICLE VII RESTRICTIONS ON LOTS A. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. B. Completion of Construction. Any construction activity on any Lot shall be completed and fully cleaned up within eighteen (18) months from the issuance of a building permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in the amount of One Hundred Dollar ($100.00) per day. Owners shall obtain all required certification of acceptance for residential dwelling within eighteen (18) months of the issuance of building permits unless a variance extending such time period is issued by the Control Committee. C. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be appropriately screwed on, in accordance with all applicable governmental rules and regulations. D. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time. Nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners' sight or sound, provided that the Association may authorize the use of sound and sound devices to control or manage wildlife, livestock or domestic animals. Declaration of Protective Covenants Overview Subdivision E:IP\Parker, Roland\Protective Covenants 5.3.06.wpd 8 OVERVIEW SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of , 2007, by and between WAYNE RUDD ("Owner") 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, Owner is the owner and developer that parcel of real property located in Garfield County, Colorado and known as the Overview Subdivision ("Subdivision"); WHEREAS, on October 17, 2005, the BOCC, by Resolution No. 2006-09, approved a preliminary plan for the Subdivision which, among other things, authorized the subdivision of three (3) single-family residential lots and one (1) open space/common area parcels ("Preliminary Plan Approval"); WHEREAS, as a condition precedent to the approval of the Final Plat of the Subdivision, submitted to the BOCC for approval as required by the laws of the State of Colorado ("Final Plat"), Owner wishes to enter into this Agreement with the BOCC; and WHEREAS, Owner has agreed to execute and deliver to the BOCC collateral or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the Subdivision, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Clerk and Recorder for Garfield County, Colorado shall be in accordance with this Agreement and at the time prescribed herein. 2. OWNER'S PERFORMANCE. Owner shall cause to be constructed and installed those subdivision improvements, identified in subparagraph a. below ("Subdivision Improvements"), at its own expense, including the payment of all fees required by the County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements constitute all of the improvements, which are required to be constructed by Owner under the Preliminary Plan Approval. The Subdivision Overview Subdivision Improvements Agreement Page 1 of 11 E: IPIParker, Roland\SJA Form 12.0511c. 1.12.07.doc Improvements shall be completed on or before the end of the first full year following execution of this Agreement, i.e., March 1, 2007 (completion date), in compliance with the following: a. Plans marked "Approved for Construction" for all Subdivision Improvements, listed within Exhibit A, attached hereto and made part hereof prepared by Zancanella and Associates, Inc., and submitted to the BOCC on or about January 12, 2007; the estimate of cost of completion, certified by and bearing the stamp of Owner's professional engineer licensed in the State of Colorado ("Owner's Engineer"), attached to and made a part of this Agreement by reference as Exhibit B; and all other documentation required to be submitted along with the Final. Plat under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). b. All requirements of the Preliminary Plan Approval. c. All laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, and all special districts and any other governmental or quasi - governmental authority(ies) with jurisdiction. d. The provisions of this Agreement. The BOCC agrees that if all Subdivision Improvements are installed in accordance with subparagraphs 2 (a) through 2 (d), above; the record drawings to be submitted upon completion of the Subdivision Improvements as detailed in paragraph 3 (c), below; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Final Plat Approval and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements. 3. SECURITY FOR IMPROVEMENTS. Letter of Credit. As security for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision with the Garfield County Clerk and Recorder, one or more Letters of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this Agreement by reference as Exhibit C ("LOC"), or such other form of security as may be deemed acceptable to the BOCC as provided in paragraph 3 (g), below. The LOC shall be in the amount of $41,800.00, representing the full estimated cost of completing the Subdivision Improvements, including a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated costs and as approved by the BOCC), minus $ representing the cost of Improvements already completed as of the date of execution of this Agreement as set forth and certified by Owner's Engineer on Exhibit B, supra. a. Revegetation Security. Revegetation of disturbed areas in the Subdivision in the amount delineated within Exhibit B shall be secured by delivery of a separate Letter of Credit in the form hereinabove set forth or such other security as may be acceptable to the BOCC Overview Subdivision Improvements Agreement Page 2 of 1 1 E: I P I Parker, Roland I SIA Form 12.0511c. 1.12.07. doc ("Revegetation LOC"). The Revegetation LOC shall he valid for a minimum of two (2) years following recording of the Final Plat. i. Upon establishment of vegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, at Book 1251, Page 566, as amended, and the Revegetation/Reclamation Plan for the Subdivision submitted. ii. Following receipt of written approval of the Vegetation Management Department, the Owner may submit to the BOCC, through the Building and Planning Department, a written request for release of the Revegetation LOC, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. iii. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiencies by further revegetation efforts, approved by the Vegetation Management Department, as such may be instituted within the two years following recording of the Final Plat. iv. If revegetation efforts are deemed unsuccessful within the two year period of time, in the sole discretion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the amount of Revegetation LOC. v. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this Agreement related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation LOC or filing a civil action. vi. It is specifically understood that the Revegetation LOC is not subject to successive partial releases, as authorized in subparagraph 3(c) below. Further, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action, may survive final release of the LOC, identified in Paragraph 3.a., hereinabove, securing Subdivision Improvements other than revegetation. b. LOC Requirements. The LOC(s) required by this Agreement shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC(s) is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC(s) shall be "confirmed" within the meaning of the Uniform Commercial Overview Subdivision Improvements Agreement Page 3 of 11 E:IPIParker, RolandlSJA Form 12.0511c. 1.12.07.doc Code, Letters of Credit, §4-5-101 et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC(s) shall be valid for a minimum of six (6) months beyond the completion date for the Subdivision Improvements set forth herein and, as to the Revegetation LOC, a minimum of two (2) years following recording of the Final Plat. If the time for completion of Improvements, including revegetation, is extended by a written amendment to this Agreement, the time period for the validity of the LOC(s) shall be similarly extended by the Owner. For each six (6) month extension, the face amount of the LOC(s), including the Revegetation LOC, at the sole option of the BOCC, shall be subject to recertification of cost of completion by Owner's Engineer and review by the BOCC for a possible increase in the face amount of the LOC, in order to assure sufficiency of the amount of security to allow possible completion of the Subdivision Improvements by the BOCC under terms of this Agreement. Additionally, should the LOC(s) become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision Improvements, this Agreement shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this Agreement. c. Partial Releases of Security. Owner shall request partial release(s) of the LOC(s) by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC," in the form attached to and incorporated herein as Exhibit "D," accompanied by the Owner's Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's Engineer. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the LOC(s) as portions of the Subdivision Improvements, other than revegetation, required hereunder are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. d. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's Certificate of Partial Completion of Subdivision Improvements, the BOCC may review the certification and may inspect and review the Subdivision Improvements certified as complete to determine whether or not said Subdivision Improvements have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) days of submission of Owner's Written Request for Partial Release of LOC accompanied by Owner's Engineer's Certificate of Partial Completion of Subdivision Improvements, all Subdivision Improvements certified as complete shall be deemed complete by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. Overview Subdivision Improvements Agreement Page 4 of 11 E: IPIParker, Roland\SIA Form 12.0511c. 1.12.07.doc. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) days of submission of Owner's Written Request for Partial Release of LOC accompanied by Owner's Engineer's Certificate of Completion of Subdivision Improvements. iii. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient, then all Subdivision Improvements not identified as potentially deficient shall be deemed complete, and the BOCC shall authorize release of the amount of security related to the certified Subdivision Improvements that are not identified as potentially deficient. iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.d.ii. above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) days after completion of such investigation. e. BOCC Completion of Improvements. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3 (e)(iv) above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, the BOCC may withdraw and employ from the LOC(s) such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications, up to the face amount, or remaining face amount, of the LOC(s). In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this Agreement prior to requesting payment from the LOC(s). In lieu of or in addition to drawing on the LOC(s), the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this Agreement. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC(s) or filing a civil action. f. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Building and Planning 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 Agreement, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and a digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowners' Association of the Subdivision by the terms of this Agreement; and 3) a Written Request for Final Release of LOC, in the form attached to and Overview Subdivision Improvements Agreement Page 5 of 11 E:IPIParker, Roland\SIA Form 12.0511c. 1.12.07.doc incorporated herein as Exhibit "E," along with Owner's Engineer's Certificate of Final Completion of Improvements. i. The BOCC shall authorize a final release of the LOC(s) after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3(g). ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC accompanied by Owner's Engineer's Certificate of Final Completion of Subdivision Improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3(e) above shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) days after completion of such investigation. If necessary, the BOCC may complete any remaining Subdivision Improvements in accordance with process outlined in Paragraph 3(f) above. g. Substitution of Letter of Credit. The BOCC, at its sole opinion, may permit the Owner to substitute collateral other than a LOC, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements. h. Recording of Final Plat. The Final Plat of the Subdivision shall not be recorded until the security described in this paragraph 3 has been received and approved by the BOCC. 4. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the BOCC for any residences or other habitable structures located and constructed within the Subdivision, Owner shall install and connect the water distribution system for potable water in accordance with approved plans and specifications. 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 Final Plat. Conveyance of the water supply and distribution system, including all appurtenant real property interests which shall be conveyed by quitclaim deed and associated personal property interests, which shall be conveyed by bill of sale, shall be transferred from the Owner to the Overview Homeowners Association, a Colorado non-profit corporation. 5. PUBLIC ROADS. All roads within the Subdivision shall be dedicated to the public as public rights-of-way. Road rights-of-way shall be dedicated by the Owner and accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Overview Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of Overview Subdivision Improvements Agreement Page 6 of 11 E: IPIParker, Roland\SIA Form 12.0511c. 1.12.07.doc said rights-of-way, including the traveled surface of the roadways and portions of the rights-of- way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision 6. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision, whether public or private, shall contain rights-of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner on the face of the Final Plat. The Overview Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easements within the Subdivision. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otherwise, Owner shall also convey utility easements by separate document. 7. CONVEYANCE OF COMMON AREA PARCEL AND WATER SUPPLY SYSTEM. The Common Area Parcel- and water supply system, both realty and facilities, shall be conveyed by deed (real property) and bill of sale (personal property) at the time of Final Plat Approval and shall be recorded following recordation of the Final Plat of the Subdivision. 8. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements and any other agreement or obligation of Owner related to development of the Subdivision required pursuant to this Agreement. The Owner, however, does 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 required to notify the Owner of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner 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. 9. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact Fee of ($ ) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., ($ ) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., ($ ), will be collected pro rata (i.e.$ ) from lot owners each time a building permit issues for a residence within the Subdivision. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. The Owner shall make a cash payment in lieu of dedicating land to the RE -1 School District, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: Overview Subdivision Improvements Agreement Page 7 of 11 E:IPIParker, Ro1andISJA Form 12.0511c. 1.12.07.doc Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner of $6,595.08; and Land dedication standard, provided in the Garfield County subdivision regulations of 3 single-family dwelling units x 020 acres; and Total amount of cash in lieu payment: Unimproved per acre market value of land ($6, 595.08) x land dedication standard (060) = $395.70 The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, Three Hundred Ninety-five Dollars and Seventy-five Cents ($395.70) as a payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. 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. 11. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 12. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Glenwood Springs Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this Agreement. Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit "F," concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 13. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 12 above, and the provisions for release of security, detailed in paragraph 3 above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an election of Overview Subdivision Improvements Agreement Page 8 of 1 I E: IPIParker, RolandISIA Form 12.0511c. 1.12.07.doc remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may vacate the plat, or portions thereof, by Resolution. 15. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 16. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 17. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in writing and shall 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: Owner: Wayne Rudd 132 Park Avenue Basalt, CO 81621 w/copy to representative: Timothy Allen Thulson Balcomb & Green P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 Overview Subdivision Improvements Agreement Page 9 of I 1 E: IPIParker, Roland\SJA Form 12.0511c. 1.12.07.doc BOCC: Board of County Commissioners of Garfield County, Colorado c/o Mark Bean, Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 Owner and the BOCC hereby warrant and confirm that the representatives of the Owner and the BOCC, identified above, are the authorized representatives of the parties for purposes of contact administration and notice under this Agreement. 18. AMENDMENT. This Agreement may be modified 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 paragraph 17 above, in accordance with the notice provisions and without formal amendment of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall 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 WHEREOF, the parties have signed this Agreement to be effective upon the date of Final Plat Approval for the Subdivision. Overview Subdivision Improvements Agreement Page 10 of 11 E: IPlParker, RolandlSJA Form 12.0511c. 1.12.07.doc ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Chairman Date: By: %//. irf/," /yr of ren hulson, Attorn -in-fact for Wayne Rudd, Owner STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) Subscribed and sworn to before me this 36A day of �gNttg4.Y , 200 7, by Timothy Allen Thulson, attorney-in-fact for Wayne Rudd, owner of the real property inclusive of the Overview Subdivision. WITNESS my hand and official seal. My commission expires: 6 * - difii440,(14igleGez-yr Not y P lic Overview Subdivision Improvements Agreement E: PIParker, Roland\SJA Form 12.0511c. 1.12.07.doc Page 11 01'11 . Subdivision Improvement Drawings Overview Subdivision Prepared by Zancanella and Associates, Inc., Dated 15 Nov. 2006 C1 Access Road Plan & Profile C2 Access Road Typical Cross Section D1 Drainage Plan WI Water Plan W1A Water Plan Detail W2 Water Plan Details Overview Subdivision Improvement Drawings EXHIBIT A OVERVIEW SUBDIVISION IMPROVEMENTS Cost Estimate for the Utility Installation, Road Improvements and noxious weed control Based on final plans dated 15 NOV 2006. Item Total Units Cost (1) Pump in Well (2) Existing Well Controllers and Floats (3) Variable Frequency Drive Starters and Submersible Pump (4) Water Service Lines (5) Construct K Turn on Road (6) Widen Road as Needed (7) Water Storage Tank - Fire Protection (7000 gal) (8) Stop Sign & misc. (9) Natural Gas Line Extensions (10) Survey and Set Corner Pins (11) Legal and Misc. Document (12) Noxious Weed Control Lump Sum $ 500 Lump Sum $ 1,500 Lump Sum $ 5,500 Lump Sum $ 3,000 Lump Sum $ 3,000 Lump Sum $ 3,000 Lump Sum $ 10,000 Lump Sum $ 1,000 Lump Sum $ 3,000 Lump Sum $ 4,000 Lump Sum $ 3,000 Lump Sum $ 500 Project Total $ 38,000 EXHIBIT RZancanella & Associates Inc. 11/15/2006, TWZ Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision\Prelim Plat Submtl\Construction Cost.xls IRREVOCABLE STANBY LETTER OF CERDIT Reference #: Amount: Date of Issue: Expiration Date: BENEFICIARY: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC") 108 E. 8m Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY/Applicant: Establishment/Face Amount/Purpose/Expiration Date/Transferability We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable Standby Letter of Credit No. , in an amount not to exceed $ Thousand, Hundred Dollars and Cents. The purpose of this letter is to secure the Applicant/Account Party's performance of and compliance with the agreement between Applicant/Account Party and Beneficiary, dated and titled ("Subdivision Improvements Agreement"). This Letter of Credit expires at Bank, at p.m. Mountain Standard Time on ,200_ This letter is not transferable. Partial Releases Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic reductions in the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and, if so authorized, the revised face amount of the Letter of Credit shall be evidenced by a separate Reduction Certificate, approved and executed by the BOCC or the BOCC's authorized representative]. Conditions for Payment to Beneficiary Drafts submitted by Beneficiary must be accompanied by the following documents: 1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's authorized designee stating: , developer of Subdivision [P.U.D.] is in default of its obligations set forth in that certain Subdivision Improvements Agreement between and the BOCC, dated , and recorded as Reception Number in Book at Page of the Real Estate Records of the Office of the Garfield County Clerk and Recorder. 2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board of County Commissioners of Garfield County, Colorado in the amount of $ ," manually signed by the Chairman or the BOCC's authorized representative. Page 1 of 2 Exhibit C Cancellation This Letter of Credit and amendments, if any, must be returned to us for cancellation by Applicant/Account Party with a statement signed by the Beneficiary stating: "This Letter of Credit is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation." Issuer's Undertaking We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of Credit if presented, together with the documents above specified, to Bank, on or before the date of expiration identified above. The letter is issued subject to the Uniform Customs and Practices for Documentary Credit ( Revision), International Chamber of Commerce Publication Number 500 and the Uniform Commercial Code at C.R.S. §4-1-101 et seq., as amended. Bank By Name Title THIS IS A FORM DOUCMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDEMTIFY ISSUER, APPLICANT AND BENEFICIARY. ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability, Partial/Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT PARTIAL RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES. LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT. Page 2 of 2 , 2006 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Attn: Mark Bean RE: Overview Subdivision Gentlemen: I am writing this request for partial release one (1) for reduction of subdivision improvement cost obligations in the amount of $ on behalf of Overview Subdivision. Please find the attached cost estimate of improvements for this partial release number one (1). Listed below please find the tabulation of the balance of the letter of credit for the Subdivision Improvements Agreement: SIA Amount $ Improvements to Date ( ) $ SIA Balance $ certifies that all materials supplied and work performed is in accordance with the plans and specifications for those items inspected by during periodic construction observations. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements. No funds are being requested for work not completed, or for materials not installed or stored on site. Please consider this letter certification by the Project Engineer, that all the foregoing requirements have been met. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means. Sincerely, Title cc: Exhibit D ACKNOWLEDGMENT OF FINAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT WHEREAS, , a Colorado entered into a Subdivision Improvement Agreement ("SIA") with Commissioners of Garfield County, Colorado ("BOCC") dated Reception Number in Book at Page Real Estate Records of the Garfield County Clerk and Recorder; and the Board of County ,recorded as of the WHEREAS, has presented a certification of final completion certifying that has completed all subdivision improvements associated with Subdivision [P.U.D.], having an actual cost of construction of $ ;and NOW THEREFORE, at the request of and in consideration of the premises and prior agreements in the SIA, the BOCC hereby acknowledges full satisfaction of the security requirements of the SIA and authorizes final release of security from the above identified Bank letter of credit in the amount of $ resulting in a remaining balance of the original letter of credit in the amount of $ -0- . The BOCC authorizes the Chairman to sign Final Reduction Certificate Number for the Subdivision [P.U.D.], a copy of which is attached hereto as Exhibit "A". The BOCC further authorizes the Chairman to deliver the original Final Reduction Certificate Number to Bank. ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Clerk to the Board John Martin, Chairman Date: Exhibit E HOMEOWNERS ASSOCIATION AGREEMENT This Agreement is made and entered into this day of 2006, by and between Wayne Rudd ("Owner") and the Overview Homeowners Association, a Colorado non- profit corporation ("Association"); WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, also known as the Overview Subdivision and more particularly described on the Final Plat heretofore recorded in the Office of the Clerk and Recorder for Garfield County, Colorado on as Reception No. ("Subdivision"); WHEREAS, the rights and obligations of the Owner and the Association instant to the Subdivision's water supply facilities, internal road system, utilities, common areas, landscaping and other facilities of the Subdivision are set forth within the Declaration of Protective Covenants for Overview Subdivision recorded in the Office of the Clerk and Recorder for Garfield County, Colorado on in Book , at Page and Reception No. ("Declaration"); WHEREAS, a Subdivision Improvements Agreement between Owner and the Board of County Commissioners for Garfield County recorded in the Office of the Clerk and Recorder for Garfield County, Colorado on in Book , at Page and Reception No. ("SIA"), sets forth the obligations of the Owner instant to the construction of the Subdivision's water supply facilities, internal road system, utilities, common areas, landscaping and other facilities within the subdivision; and WHEREAS the parties hereto wish to enter into an Agreement between themselves in order to reflect each others duties and responsibilities instant to the control and regulation of the Subdivision components above described pursuant to the Declaration and SIA above described. NOW THEREFORE, for and in consideration of the mutual promises contained herein the parties agree as follows: 1. Simultaneously with the execution of this Agreement, Owner shall execute a Quit Claim Deed transferring to the Association the following: A. Colorado Division of Water Resources Well Permit No. 252563 ("Well Permit"); B. The Common Area Parcel together with all access, drainage and utility easements within the Subdivision as more particularly described within the Final Plat for the Overview Subdivision recorded in the records of the Clerk and Recorder for Garfield County, Colorado on in Book , at Page and Reception No. ('Final Plat"); and 2. Upon completion of construction thereof in accordance with the terms, conditions and provisions of the SIA, Owner shall execute and deliver a Bill of Sale transferring to the Association the domestic water facilities ("Domestic System") and all appurtenances to the Domestic System, including without limitation, wells, pumps, pipelines and appurtenant facilities. C:\Documents and Settings\Tim.STATION201\Local Settings\Temporary Internet 1 Files\OLK2\HOMEOWNERS ASSOCIATION AGREEMENT.doc 3. The Association agrees to accept such conveyance as set forth in Paragraphs 1 and 2 hereinabove, and agrees to own, operate, maintain, repair and replace the water facilities, internal road system, utilities and other facilities of the Subdivision for the benefit of the lot owners of the Subdivision in strict compliance with the terms and conditions of the following: All conditions of approval for the Subdivision as set forth by the Board of County Commissioners for Garfield County, Colorado in Resolution No. 2006-04, recorded within the Office of the Clerk and Recorder for Garfield County, Colorado on December 10, 2002 in Book 1415, at Page 533 and Reception No. 616317; A. The terms, conditions and provisions contained with in the Declaration; B. The terms, conditions, provisions rules and regulations set forth within or otherwise appertaining to domestic well under the well permit; 4. The Owner agrees to complete the obligations set forth in the SIA and to install those improvements within the Subdivision in accordance with said agreement. 5. The Owner hereby assigns to the Association any and all guarantees and warranties associated with the facilities and improvements conveyed to the Association that the Owner has received or shall receive. 6. Except as expressly provided herein, the Association herein agrees to indemnify and hold harmless the Owner and its agents for any claims associated with the conveyance, use, operation, maintenance, repair and replacement of the property and facilities described in paragraphs 1 and 2, above. The Association agrees to comply with the terms and conditions of, and hereby assumes the Owners' obligations under the agreements and instruments set forth in paragraphs 1 and 2 above. 7. Subject to the Owner's obligations hereinabove set forth, by accepting the herein described property, easements, facilities, and all related obligations, responsibilities, duties and requirements, the Association herein releases the Owner, its agent and assigns, from all future responsibility, liability or obligation accompanying or associated with the subdivision property and facilities conveyed as described in paragraphs 1 and 2, above, and releases the Owner from any and all claims that may hereafter be made with respect to such items. The Association accepts such property "as is" without guarantee or warranty from the Owner of any kind. Nothing in this paragraph is intended to waive the Owners' obligation set forth in paragraph 4 above. 8. The warranties and obligations of the parties set forth herein that require performance after the conveyance of the deed(s) that are the subject of this Agreement, shall survive the conveyance of said deed(s) and shall not merge therewith. 9. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. C:\Documents and Settings\Tim.STATION201\Local Settings\Temporary Internet 2 Files\OLK2\HOMEOWNERS ASSOCIATION AGREEMENT.doc 10. Upon execution and coincident with the filing of the Final Plat, this Agreement shall be recorded with the Clerk and Recorder for Garfield County, Colorado. IN WITNESS WHEREOF, this Agreement is executed on the day and year set forth above. By Wayne Rudd, Owner Overview Homeowners Association By Wayne Rudd, President STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this day of , 2006, by Wayne Rudd. Notary Public My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this _ day of , 2006, by Wayne Rudd, President of OVERVIEW HOMEOWNERS ASSOCIATION. Notary Public My commission expires: C:\Documents and Settings\Tim.STATION201\Local Settings\Temporary Internet 3 Files\OLK2\HOMEOWNERS ASSOCIATION AGREEMENT.doc QUIT CLAIM DEED ween Wayne Rudd 200, beta Colorado of 200, bASSOCIATION, ED, made this OVERVIEW HOMEOWNERS THIS DE and THE of Ten Dollars ("Grantor"), oration, ("Grantee"):of the sum of which is nonprofit corp for and in consideration sufficiency and Grantor, d QUIT CLAIMED, That the receipt an WITNESSETH,valuable consideration, the conveyed and Q unto the Grantee, andreleased, sold, QUIT CLAIM demand which other good remised, and 4 and has rem if any, owledgsell, convey claim an situate, hereby acknowledged, remise, release, title, interest, encs, resents does rem all the right with improvements, the these p assigns the al property, together described as follows: its successors has n and to the of Garfield and State of Colorado Grant in the County lying and being her by this reference' ed hereto and incorporated h See Exhibit A attach all and singular the ether with appertaining, HOLD the same, tog anywise thereunto singular heT in law or in anyw Grantor, o TO HAVE AND TO of the privileges thereunto belonginwhatsoever, Grantee, its successors e and interest and claim of the the s appurtenances and p t title, behalfutilize estate, right, benefit and Grantor to recorded and all the e the only proper trotective reserved by Subdivon BookOverview at f equity, Colorado on s forever; GarCovenants orassig • ir► theDeclaraton of d Corde for forth with Clerk an in the records of the Page and Reception No.executed this deed on the date set forth above. TNESS WHEREOF, the Grantor has IN WI Wayne Rudd, Owner E:\R\Rudd, \ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this Wayne Rudd• day of Notary Public fres: My Commission exp E:\R\Rudd, Wayne\OVeTview Subdivls� on\QUIT CLAIM DEED OverviewI1OA'doc gull' CLAIM DEED Overview HOA.doc ,by QUIT CLAIM DEED THIS DEED, made this day of 200_, between Wayne Rudd ("Grantor"), and THE OVERVIEW HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation, ("Grantee"): WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee, its successors and assigns forever; subject to all of the rights reserved by Grantor to utilize the same set - forth within the Declaration of Protective Covenants for Overview Subdivision recorded in the records of the Clerk and Recorder for Garfield County, Colorado on in Book at Page and Reception No. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Wayne Rudd, Owner Subscribed and sworn to before me this day of , by Wayne Rudd. Notary Public My Commission expires: E:\R\Rudd, Wayne\Overview Subdivision\QUIT CLAIM DEED Overview HOA.doc 1 EXHIBIT A A. Colorado Division of Water Resources Well Permit No. 252563; B. All access, water well drainage and utility easements within the Overview Subdivision as more particularly described within the Final Plat for the Overview Subdivision heretofore recorded in the records of the Clerk and Recorder for Garfield County, Colorado on as Reception No. ("Final Plat"); C. The domestic water facilities ("Domestic System), including without limitation, all wells, pipelines, pumps and appurtenant facilities; and D. The Common Area Parcel, more particularly described within the Final Plat. E:\R\Rudd, Wayne\Overview Subdivision\QUIT CLAIM DEED Overview HOA.doc 2 QUATTRO FILENAME: FEES-1.WB2 ROAD IMPACT FEE CALCULATION WORK SHEET Project/Applicant Road District Land Use Date Prepared Overview Subdivision Single Family Dwelling 10 11/2/2006 Base Road Cost $3.I60.000 Road Capacity in ADT 16.200 Road Cost per ADT $195.06 ADT per Land Use 9.57 Base Road Impact Fees per Land Use $1,866.74 TAX CREDITS 80% of Annual R & B Property Tax per Land Use $28.16 County Discount Rate 5.24% Road Design Life (Years) 12 Present Worth Factor 8.74 Property Tax Credit $246.24 UNADJUSTED ROAD IMPACT FEE $1,620.50 [Base Road Impact Fee - Property Tax Credit] INFLATION ADJUSTMENT Denver -Boulder CPI Year of Cost Estimate 158.5 Denver -Boulder CPI Year of Impact Fee Calc. 207.8 Inflation Factor 1.3110 [CPI for Collection Year/CPI of Year of Cost Estimate] PRE -CONSTRUCTION INFLATION $2,124.54 ADJUSTED ROAD IMPACT FEE POST -CONSTRUCTION COST ADJUSTMENT County Discount Rate 5.24% Term (Years since Construction 0 Compound Interest Multiplier 1.0000 POST -CONSTRUCTION ADJUSTED ROAD IMPACT FEE #N/A Prepared by the Garfield County Planning Department School Impact Fee Calculation for RE -1 School District Overview Subdiivision Unimproved per acre market value of land Land Dedication Standard $ 6,595.00 Single -Family 0.02 Multi -Family 0.015 Mobile Home 0.029 Number of Units 3 Total Impact Fee $395.70 APPRAISAL REPORT of Vacant Land at Vacant Parcel County Rd 115 Carbondale, CO 81623 As Of: 8-15-06 Prepared For: Wayn Rudd 0132 Park Ave. Basalt CO 81621 Prepared By: Ronald B. Morgan RON MORGAN & COMPANY 162 S. Golden Dr. Silt, CO 81652 RON MORGAN & COMPANY LAND APPRAISAL REPORT File No. 880635 2006-96 Case No. Borrower Wayn Rudd Census Tract 9518.02 Map Reference N/A Property Address Vacant Parcel County Rd 115 City Carbondale County Garfield State CO Zip Code 81601-9022 Legal Description Parcel B found in Sec: 35 of Twp; 6 Range 88. (see attached legal ) Sale Price $ N/A Date of Sale N/A Loan Term Unk yrs. Property Rights Appraised X Fee ❑ Leasehold De Minimis PUD Actual Real Estate Taxes $ 15 (yr) Loan Charges to be paid by seller $ N/A Other Sales Concessions Lender/Client Wayn Rudd Address 0132 Park Ave. Basalt CO 81621 • Occupant Vacant Land Appraiser Ronald B. Morgan Instructions to Appraiser a• rig Location Built Up Growth Rate • Fully Dev. Property Values Demand/Supply Marketing Time Present Land Use 55 %1 Family 1 %Industrial • • • • • • Urban Over 75% Rapid Increasing Shortage Under 3 Mos, %2-4 Family % Vacant 38 X • X X X X 5 % Suburban 25% to 75% Steady Stable In Balance 4-6 Mos. % Apts % Condo Rural X Under 25% Slow Declining Oversupply Over 6 Mos. 1 % Commercial Employment Stability Convenience to Employment Convenience to Shopping Convenience to Schools Adequacy of Public Transportation Recreational Facilities Adequacy of Utilities Good ❑ n Avg. X © X X X X Fair Poor ❑ n ❑ Change In Present Land Use X Not Likely 1 7 Likely(*) 1 1 Taking Place (*) (*) From To Property of Compatibility Protection from Detrimental Conditions X X Predominate Occupancy X Owner n Tenant % Vacant Police and Fire Protection X Single Family Price Range $ 400K to $ 1.5+ M Predominant Value $ 600K General Appearance of Properties X ❑ ❑ Single Family Age New yrs to 40K yrs. Predominant Age 20K yrs Appeal to Market X Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): Though some distance from many of the public services i.e. transportation, schools and parks .The subjects semi -rural location and close proximaty to both the Basalt and Carbondale markets provided added appeal. The large parcel sizes , view amenities wide range in property types also add to the market appeal. F--, Dimensions Parcel Size per Garfield County = 48.521 Acres 7Comer Lot Zoning Classification Residential/Agricultural Present Improvements ❑ do f 1 do not conform to zoning regulations Highest and best use ❑ Present use ❑ Other (specify) Site is currently vacant Public Other (Describe) OFF SITE IMPROVEMENTS Topo Mixed Terrain Elec. X Street Access X Public n Private Size Typical Gas TB Surface Graveled Shape Irregular Water 1 1 Private Well Maintenance © Public • Private View Mtn's San. Sewer TB SepticSystm Storm Sewer Curb/Gutter Drainage Appears Adequate Underground Elect. & Tel Sidewalk Street Lights Is the property located in a HUD identified Special Flood Hazard Area? I X INo❑Yes Comments (favorable or unfavorable includ ng any apparent adverse easements, encroachments or other adverse conditions): The subject parcel is rectangular in shape with several hundred feet of frontage on county Rd. 115. It is covered with native vegetation and has a rolling terrain. At the easterly end of the site is a power line easement (see plat ). The parcels is part of a 4 lot subdivision with the subject being most westerly parcel and the larger. The location of the easement does not adversely affect the subject. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. 1 SUBJECT PROPERTY COMPARABLE N0.1 COMPARABLE NO2 COMPARABLE NO.3 Address Vacant Parcel County Rd 115 Carbondale, CO 81623 3961 County Rd 115 Carbondale Parcel on County Rd 115 Carbondale Lot 3 Crystal Peaks Carbondale v�'-- �`-Sales —4 zs 4 Proximity to Subject r `` •v� a 0.05 miles 0.02 miles 0.41 miles Price $ N/A $ 255,000 '$ 295,000 ; 1$ 320,000 , , , 1$ �f $ ., $ Price / $..? Data Source MLS/Public MLS/Public Records(�1MLS/Public Records Date of Sale and Time Adjustment DESCRIPTION DESCRIPTION Adivstment DESCRIPTION Adid5tment DESCRIPTION Adxls ment Current 7-15-05 5-12-06 5-31-05 Location Average Average Average Average SiteNiew 48.521 Acres 35.305 Ac's 35.427 Ac's 45.66 Ac's well -elect Yes Yes Yes TB Zoning ARRD ARRD ARRD ARRD Terrain Rolling Rolling Rolling Rolling Improvements Vacant Now Improved Vacant Vacant Sales or Financing Concessions NetAdj.(Total) nPlusrMinus Net=O% Gross=0% $ 0 $ 255,000 nPlusnMinus Net=O°/ Gross=0% $ 0 $ 295,000 nPlusnMinus Net=O% Gross=0% $ 0 $ 320,000 Indicated Value of Subject Comments on Make Data Sale #1 though dated is still felt to offer good support for the subject. It is an inferior parcels in size and terrain. Sale #2 is again smaller in size and inferior in terrain and usable area. Sa e #3 is within a small 5 parcel subdivision with similar terrain but superior appeal. Its felt that the subject value because of its size and similar terrain to Comments and Conditions of Appraisal: sale #3 and its superior appeal and utility to both sales 1 and 2 is best reflected at the upper end of the indicated market. Final Reconciliation: The sales present are from the subjects immediate market, sale #1 was vacant at time of sale it is now improved with single family home. Two of the sales though dated are still reflective of the currept market. Based Qn the data and my analysis I have concluded that a value for the subject of $320,000 is supported.// j8 51 t6 S > -1 I ESTIMATE THE MA ALUE AS DEFINED, OF SUBJECT PROPERTY AS OF 8-15-06 to be $ 320,000 r €, Appraiser(s) Review Appraiser • Did • (if applicable) Did Not Physically Ronald B. Morgan Inspect Property a ate Report Signed -17-06 Date Report Signed State Certification # CG#01318055 State CO State Certification # State er State License # Colorado State Or State License # State Expiration Date of License or Certification 12-31-07 Expiration Date of License or Certification ClickFORMS Appraisal Software 800-622-8727 Paoe 1 of 13 RON MORGAN & COMPANY COMMENT ADDENDUM Borrower Wayn Rudd File No. 880635 2006-96 Case No. Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 APPRAISER RESIDENTIAL COMPETENCY Ronald B. (Ron) Morgan Certified General Appraiser Registration # CG 01318055 The State of Colorado requires that any person preparing and signing a real estate appraisal, within the state be either licensed or certified as a real estate appraiser. Three levels of licensure or certification are currently available with the highest level being Certified General Appraiser. The signing appraiser was awarded this level of certification on the 15th of June 1992. The appraiser has been in the real estate appraisal field for more than 35 years, with experiences in the appraisal of all types of properties throughout the Pacific Northwest, Alaska and the Western United States. In addition to the years of field experience, the appraiser's training has included several hundred hours of course work directly related to the appraisal process and related fields, courses in residential evaluation, income property analysis, real estate law and finance, advanced real estate economics, construction lending and cost analysis, rural property appraisal plus many other courses and seminars. SCOPE OF THE APPRAISAL The firm subscribes to The Appraisal Foundation; Market Source from the Appraisal Institute; Marshall Valuation Service and Residential Cost Handbook from Marshall and Swift; the local MLS service covering all of Garfield and Pitkin Counties and some other areas. The Federal Emergency Management Agency (FEMA) Federal Insurance Administration provides periodic notice of update and change to our four of five county bank of Flood Insurance Rate Maps. Each appraisal involves assemblage of comparable data from many sources. The MLS service reports sales and statistics segregated by marketing areas and other categories, County Records and Title Company records if available Due to the nature of the market and the some times low volume of current sales data, individual appraisals may often include as comparable's sales, every transaction within a proximate time and distance of the subject being appraised. Of necessity, some data may be included that ordinarily due to its size, date of sale or other factors would not have been considered comparable. The comparability situation is exacerbated by the fact that sites within the area and neighborhood can very widely in size and terrain. Generally a sampling of 5 to 6 sales if available are reviewed with the best 3 or 4 selected for the analysis. The scope of the study with regard to the subject property involved the creation of a list of candidate comparable data; an effort was made to find sales of vacant large home sites similar to that of the subject. Do an exterior site inspection, which is, held to visual observations only, research county property records on the subject. In the process of the neighborhood survey any changes are noted and are included within the analysis if they are felt to have either a positive or negative affect on the subject. Once candidate sales are assembled, additional public and private records and information are assembled, or referenced as needed, including warranty deeds, trust deeds, leases, contracts, listings, zoning, other land use regulations and assessors records. The data once assembled for both the subject and market is than developed into a summary report which in the case of a single family home will generally offer only the Cost and market approaches to value. The assembled data are then processed into an estimate of probable market value as described in this report ClickFORMS Appraisal Software 800-622-8727 Page 2 of 13 RON MORGAN & COMPANY COMMENT ADDENDUM Borrower Wayn Rudd File No. 880635 2006-96 Case No. Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 Property Rights Appraised The property rights appraised in this report are "Fee Simple", subject to easements of record and mineral rights reservations. I am not aware of any easements or encroachments, which exist on the property that adversely, affect marketability or value. I have not however been provided with a title commitment, a copy of any subdivision declarations if any which may document findings to the contrary and have not considered any liens in my analysis. See comments below on power line easement. Mineral rights are generally separated from surface rights for properties in our market. I have not reviewed a title insurance policy and do not know whether the subject property retains subsurface mineral rights. However, I do not expect lack of mineral rights to adversely affect marketability or value of the subject property. Water Rights The appraiser is not aware of any water rights that at apart of the subject other than the right to have a domestic well for house hold use which per the plat map provided is already on the property. There were no quality test or production numbers provide on the well it is assumed that there is adequate water to support a single family home. Purpose of the Appraisal The purpose of this appraisal is to estimate the market value of the subject property as defined herein. MARKET VALUE IS DEFINED AS: "the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions where: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; c. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The function of this appraisal is to assist the Client in evaluating the subject property for lending purposes. This appraisal is intended for the exclusive use of the name client only, no other use is intended or allowed. NEIGHBORHOOD The subject property is located seven to eight miles north east of the downtown retail and business district of Carbondale CO. and a similar distance north west of the Basalt market. The property is located within a sparsely developed semi -rural neighborhood with small, moderate and large size ranch type properties and estate homes. At the subject location on County Rd 115 which is also known as Spring Valley Road,there are a number of small semi -rural developments , High Aspen Ranch, Crystal Peaks, Homestead Estates Ranch at Coulter Creek and several others . The area is north of Hwy 82 and 3 miles west of the junction of County Rd's 121 and 115. The area offers an open environment with a rural atmosphere yet only a few minutes from most services. The neighborhood is currently seeing a growing interest in it for semi -rural homesite's and small ranchettes. Homes tend to range from average to custom quality and generally occupy sites of from 10 to 40 + acres, though larger parcels are very common. ClickFORMS Appraisal Software 800-622-8727 Page 3 of 13 RON MORGAN & COMPANY COMMENT ADDENDUM Borrower Wayn Rudd File No. 880635 2006-96 Case No. Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Address 0132 Park Ave. Basalt CO 81621 Zip Code 81601 SITE AND ZONING The site is 48.521 acres that is above street grade with a mix of rolling, level and sloping terrain. It is zoned Rural Residential and accept for the area near the power line easement covered with native vegetation and small trees. The site is irregular in shape and accessed via private drive off County Rd. 115, County Rd 115 is a wide graded and graveled county maintained road. The site has domestic water provided by a private well and there is electrical power to the site. As can be seen from site photo's there is a high power transmission line that crosses the property from the north east to the south west. It is on the easterly portion of the property and only affect a small portion of the site. Its felt that it has no major affect on the overall property. (see plat ) The property address shown is that which is shown on the county records. There are however several properties within the immediate area that show Glenwood Springs as there mailing address, for consistency all properties within the immediate neighborhood have a Carbondale address. HIGHEST AND BEST USE Highest and best use of the land, if vacant, and the property, as a whole, is Single Family Residential use. The current development trend is to moderate to high end single family homes and estate properties which is consistent with the zoning and neighborhood growth trends. The zoning allows for agricultural uses; however, given the subjects size and lack of irrigation water and terrain the agricultural use has little or no value. The site is considered to be a single family homesite only. IMPROVEMENTS Vacant home site SALES DATA As noted within this report the subject is located in an area/neighborhood that is seeing new growth and buyer interest. A check of the past 18 months revealed that sales of large parcel like the subject throughout the market have and are increasing but not a rapid rate. There are several newer lot subdivisions in the area which is helping to spur the growth. Based on conversations with local Realtors who indicate that this interest and growth is expected to continue, as inventories are low. The data reviewed for this appraisal covers the total market and several levels of lot pricing, large and small. Given the interest within the subject neighborhood and the growing demand for the semi -rural open life style, it is felt that this neighborhood should continue to grow and expand, at a steady pace. In developing the vacant land sales it was felt that it was best to stay within the subject immediate neighborhood would offer the best and most supportable value. To that end two sales were taken from adjacent parcels and one from a similar small development just to the east and at the junction of County Roads 121 and 113. One of the two sales from the adjacent parcels is somewhat dated but not dramatically so that is parcel C. That parcel is adjacent to the subject is 35.303 acres and is a flag parcel. with inferior utility. The other parcels was just purchased on 5-12-06 and like parcel C has inferior utility with much of the parcel on a down sloping hillside. The third parcel is in the Crystal Peak development and is very similar to the subject in size and terrain it does not have a power line crossing the site so it has greater utility. ClickFORMS Appraisal Software 800-622-8727 Page 4 of 13 RON MORGAN & COMPANY SUBJECT PHOTO ADDENDUM File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 ClickFORMS Appraisal Software 800-622-8727 Subject Street Page 5 of 13 RON MORGAN & COMPANY COMPARABLES 1-2-3 File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 ClickFORMS Appraisal Software 800-622-8727 COMPARABLE SALE # 1 3961 County Rd 115 Carbondale COMPARABLE SALE # 2 Parcel on County Rd 115 Carbondale COMPARABLE SALE # 3 Lot 3 Crystal Peaks Carbondale Page 6 of 13 Ron Morgan & Company File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 ClickFORMS Appraisal Software 800-622-8727 Page 7 of 13 RON MORGAN & COMPANY LOCATION MAP ADDENDUM File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 Cardiff's. Cattle Creek 6 A Fi F IEL L+ 11 girt 'C5.2006 Micmsofteotp er20051141,11EQ,:and ;orGDT,IN; . PI 1 MapPoi nt Catherine 'Carbondale Mulford ClickFORMS Appraisal Software 800-622-8727 Page 8 of 13 RON MORGAN & COMPANY FLOOD MAP ADDENDUM File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 Flood Zones Areal inundat£d try 500 -year flooding Area ode ide ofthe 100 and 500 year flood puine Area inundaed by 100 -year flooding Area inundated by 100 -year flooding will vebaty hazard Fbodway area Fbodway are® w th vebo ty hazard Area of u ndeter m ined but pose ibis flood harard Areal not mappad on any pubib hod FIRM SFHA (Flood Zone); Out Within 250 ft, of multiple flood zone? No Community: 080205 Community Name: UNINCORPORATED AREA Zone: D Panel: 080205 14608 Panel Date: 01/03/1986 FIPS Code: 08045 Census Tract: 9518.02 This Flood Report is For the sole benifit of the Customer that ordered and paid For the Report and is based on the property information provided by the customer, That customer's use of this report is subiect to the terms agreed by that customer when accessing this product. No third party is authorized to use or rely on this report for any purpose. NEITHER FIRST AMERICAN FLOOD DATA SERVICES NOR THE SELLER OF THIS REPORT MAKES ANY REPRESENTATIONS OR VdARRANTIES TO ANY PARTY CONCERNING THE CONTENT ACCURACY OR COMPLETENESS OF THIS REPORT INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither TFHC nor the seller of this Report shall have any liability to any third party for any use or misuse of this Report. ClickFORMS Appraisal Software 800-622-8727 Page 9 of 13 RON MORGAN & COMPANY Ale No. 880635 2006-96 Case No. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question. unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazard wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgage or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 (6-93) ClickFORMS Appraisal Software 800-622-8727 Fannie Mae Form 10048 (6-93) Page 10 of 13 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, professional analyses, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. 4. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved . I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or the present owners or occupants of the properties in the vicinity if the subject property. 5. I have no present or contemplated future interest in the subject properly, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of the market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have made a personal inspection of the property that is the subject of this report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. No one provided significant professional assistance to the person signing this report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraiser report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Vacant Parcel County Rd 115, Carbondale, CO 81623 APPRAISER: �� SUPERVISORY APPRAISER (only if required) Signature: Name: Ronald B. Morgan Date Signed: 8-17-06 State Certification #: CG#01318055 or State License #: Colorado State: Colorado Signature: Name: Date Signed: State Certification #: or State License #: State: Expiration Date of Certification or License: 12-31-07 Expiration Date of Certification or License: n Did ❑ Did Not Inspect Property RON MORGAN & COMPANY File No. 880635 2006-96 Case No. USPAP 3/31/99 Compliant ClickFORMS Appraisal Software 800-622-8727 Page 11 of 13 Ron Morgan & Company File No. 880635 2006-96 Case No. Borrower Wayn Rudd Property Address Vacant Parcel County Rd 115 City Carbondale County Lender/Client Wayn Rudd Garfield State CO Zip Code 81601 Address 0132 Park Ave. Basalt CO 81621 QI ALWICATEONS of RONALD B. (RON)MORGAN Profession: Real Estate Appraiser and Consultant Experience: SOU•Emplcyed as Real Estate. Appraiser and Consultant -Since 1987 Assistant Chief Appraiser and Secondary Market Advisor, Long each Bank, 19851 Appraisal Department Manager and Manager of Fee Panel, North America Savings Bank. 1983 to 1985 Assistant Vice President, District Appraiser, Training Officer and Stall Commercial Appraiser Welts Fargo Bank, 1972 to 1983 Staff Appraiser, Construction Inspection, Chas. P. Morgan & Associates 1964 to 1966 and 1970 to 1972 Certified: Certified General Appraiser State of Colcrado-2007 Registration # CG 01318055 Lectures: University of California Long Beach. Basic Reai Estate Appraisal, Loan Office Training, Underwriting, SREA Chapter 479 Education The Appraisal of Real Property Course 101-SREA Appraisal Appraisal income Property Appraisal Course 201-SREA Narrative Report Writing-SREA Income Property Course 1 BA -Appraisal tnstitute Standards of Professional Practice, Part A & 6 Licensed Appraiser NCRE 210-401 — UC at Boulder 1995 Appraisal Standards and Ethics Update NCRE 241-811 UC at Boulder 1995 Real Estate Appraisal Basic -UCLA Real Estate Finance -UCLA Advance Financial Ac+cuniing-UCSF Real Estate investment. Analysis -Wharton School of Business, Universf Pennsylvania Water Law i & Il -UC at Boulder Environmental Consideration income Capitalization Small Residential Income Properties Single Family Home Construction Appraisal of Factory But Homes Compiex Property Appraisal Various seminars on appraisal compliance USPAP, FIR EA, special purpose properties, computer application, cost analysis, ton reports and preparation Appraisal Clients: Partial List: Wells Fargo Bank Colorado Federal Savings Bank of America US Government Highland Financial US Bank Horne Mortgage The Money Store GMAC Mortgage Corporation First Nationwide Mortgage . American Residential Mortgage Appraisal Title & Management Alpine Bank Vail Valley Mortgage General American Corp. MSA Alpine Bank & Trust RBC Mortgage GE Mortgage Capital Corporation US Properties Flick Mortgage Value -h Resort Financial Nationwide Appraisals PHH Home Equity Ameriquest Mortgage Corp. infinity Financial Elite Mortgage Wells Fargo Horne Mortgatz Mesa National Bank Aspen Mountain Mortgage MRB Loan Brokers LSI WashingtonMutual Quicken Loans ClickFORMS Appraisal Software 800-622-8727 Pape 12 of 13 Ron Morgan & Company File No. 880635 2006-96 Appraiser License Certificate Case No. ClickFORMS Appraisal Software 800-622-8727 Page 13 of 13 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, WAYNE RUDD, hereby make, constitute and appoint TIMOTHY A. THULSON as my true and lawful attorney in fact with full power and authority in my name and in my stead and on my behalf: 1. The power to perform any and all acts necessary to finalize and record the Final Plat of Overview Subdivision, a subdivision of Parcel B, 29 Peaks situate in Section 35, Township 6 South, Range 88 West of the 6th P.M., County of Garfield and State of Colorado. 2. To execute any subdivision improvement agreements, protective covenants and deeds of conveyance required by the Board of County Commissioners of Garfield County, Colorado or under the Final Plat. 3. To sign on my behalf any and all other documents and instruments required as part of the approval and acceptance of the Final Plat. I hereby ratify, confirm and approve each and every act of my said attorney heretofore and hereafter taken in conformity with this power of attorney. ature of Attorney in Fact THIS POWER OF ATTORNEY shall be effective until revoked by me in writing or January 31, 2007, whichever shall first occur. Everyone dealing with my said attorney in fact shall be entitled to rely upon the certificate of such attorney in fact to the effect that his power is in effect and has not been revoked. IN WITNESS WHEREOF, I have set my hand on this day of January, 2007. WA( STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) RUDD This foregoing instrument was acknowledged before me this // day of January, 2007, by Wayne Rudd. Witness my hand and seal. nission expires: o2—/,5--c2Z/O Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision\Prelim Plat Submtl\dwg\OVERVIEW SUB FINAL PLAT DWGS.dwg, RD P&P, 11/15/2006 10:51:08 AM, 1:1 FRA 0 7531.97 01 7533.5 7533.9 7533.97 7532.6 7530.5 7531,32 7529.4 zu $ 7530.13 7529.1 7529.1 7529.0 7530,38 7530.2 7532.3 7532.79 7534.8 7537.3 o .7537:36 + 01 01 01 01 7539.8 7542.1 7541.93 7544.3 7546.0 7546.50 7547.2 7548.3 7548.17 7548.8 7548.6 7548,50 7548.1 7547.5 78570 0' w 01 r \ \ \tw ... \ 0 \ \ \ t.i o. 'T7 r • .A C. Na o ..s.---- tM \ \ \ 01 Coy o bcb \ 4 \ 1...._ S \-' ____, \,.. \ ......._4 1\47_ --> i ,� ,,2',6, . \ \ \ ff�� 9• 6s� 1/ kL ,,,..4 \\\ A U, \ cD 1 a, \ P \ , im: I- --i ' \\ 01 Is, CD c3" ACDO S02°58'44"W 719.19 r O sk NO2°58' 657.66 P tm E/1 tz1 oo'3 b tz 911# Q17o?I .,LN'IloO - Op 7 ::(1) 0D -On -719; \ S02°58'44" t\ 5',9.37 ' k REV. NO. DATE KA,DE CHKD APPD as �Y BY BY `ri=/)rzi\\1k1111' ACCESS ROAD PLAN & PROFILE SCALE: 1"=50' DRAWN BY: TWZ DATE: 15 NOV 2006 CHKD BY: TPB APPD BY: TAZ SHEET: 1 OF 1 DRAWING: FINAL PLAT OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/AYES, /NC. ENC/NEER/NO CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. C1 PROJEC : 97404.06 Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision\Prelim Plat Submtl\dwg\OVERVIEW SUB FINAL PLAT DWGS.dwg, RD XSEC, 11/15/2006 11:03:09 AM, 1:1 \ 0111tlt1w1.4to, . ... c......):. ® pit ,ea, ads %. .?, ,:. z in VM CVO Fri 0 0 n 0 O2ivONd1S %S6 Ol „8 30 H1d3O Nf1NININ `d Ol 3OV2i08fS 1OVdN00321 U") z —I 0 - m ONb ).312it1OS `110Sd01 flV 1VI2131VN Nrmi IId 0310VdN00 2i3O�f10HS ,Z 2i3O1flOHS ,Z 21010021d OdVONV1S %g6 01 O310VdN00 3S2il0O 31`d032i00V 9 SSV10 „9 REV. N0. DATE ,jZ� ff iN '^• KD APPD BY a a ACCESS ROAD TYPICAL CROSS SECTION SCALE: N.T.S. DRAWN BY: TWZ DATE: 15 NOV 2006 SHEET: 1 OF 1 CHKD BY: TPB APPD BY: TAZ DRAWING: FINAL PLAT OVERVIEW SUBDIVISION FIGURE NO. C2 ZANCANELLA ANO ASSOC/ATES, /NO ENC/NEER/NC CONSUL TANT5 GLENWOOD SPRINGS, SPPRRIINGSXCOLORADO 816COOPER 81602 (970) 0) 945-5700 AVENUE PROJECT: 97404.06 Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision \Prelim Plat Submtl\dwg\OVERVIEW SUB FINAL PLAT DWGS.dwg, drain, 11/15/2006 10:53:35 AM, 1:1 / Y /t-436 C v''\ h 11; v O 4,- ` / / o, , tri" \ \ \CO - \ \ \O q z \ \‘ \\. ___>_ _ 6.1O / \ \ / ' 6 I_ A�9 6S� I \\ tzl /,VIII/,III S02°58'44" W 719.19' NO11331110. M07,1 3JVNITl1Q LAr- (5‘ s I`, N 607.65' oo co rJ 0 11 Ai «00, 00.06N Him i1 I Z co • f� D0mcn it 0 0 NORTH P REV. NO. DATE REV!' APPD BY a r. • • {• 9U# Qvo21 A,LNn0.0 DRAINAGE PLAN SCALE: = 1000' DATE: SHEET: 15 NOV 2006 1 OF 1 DRAWN BY: TWZ CHKD BY: TPB APPD BY: TAZ P DRAWING: RE PLAT SUBM OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/ATES, /NC. ENG/NEER/NG CONSULTANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. D1 PROJ C : 97404.06 Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision\Prelim Plat Submtl\dwg\OVERVIEW SUB FINAL PLAT DWGS.dwg, W1-100, 11/15/2006 10:54:22 AM, 1:1 tki .y Ico 0 �7 ci > oz Fl Dc -‹1 GU (J) .\ J,2 \ 6r \ 1 y 1;9., \ �• 9\ \ \ \\ S02°5.8 ' 44"W _ nt 9.> LA r- \-3 0 \-30 —a \ x H S02°58' 44" lj\ 529.37' NORTH 00141131i{i!/fi,• I REV. NO. N"1° DAT) ,,,� � MADE CHKD APPD BY BY BY ' 1 4 A 1 F 11 11 1 U w d.° �+. WATER PLAN SCALE: 1"=50' DRAWN BY: TWZ DATE: 15 NOV 2006 CHKD BY: TPB SHEET: W1 OF 2 APPD BY: DRAWING: TAZ BASE OVERVIEW SUBDIVISION ZANCANELLA AND ASSOC/ATES, /NC. ENG/NEER/NG CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. wi PROJECT: 97404.06 Z:\97000's\97404 Rudd, Wayne\97404.08 Overview Subdivision\Prelim Plat Submtl\dwg\OVERVIEW SUB FINAL PLAT DWGS.dwg, W1A, 11/15/2006 10:52:53 AM, 1:1 U /7 0 —J O O z 32:1J-1SOHd b/£ 11V1SNI tl REV. NO. DATE REVISION 3. ti as ".• -s ,ate tf�%flFl , in,;11;14111\0, NORTH 0 \ MADE BY CHKD BY APPD BY WATER PLAN DETAIL SCALE: 1"=50' DATE: 15 NOV 2006 SHEET: W1 OF 2 DRAWN BY: TWZ CHKD BY: TPB APPD BY: TAZ DRAWING: BASE OVERVIEW SUBDIVISION ZANCANELLA ANO ASSOC/A TES, /NC. ENG/NEER/NG CONSULTANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. W1A PROJECT: 97404.06 Z:\97000's\97404 Rudd, Wayrle\97404.08 Overview Subdivision\Prelim Plat Submtl\dwg\Final-W2-tank-dtl.dwg, W2, 11/15/2006 11:05:52 AM, 1:1 a FIRE: PROTECTION SYSTE STANDARD DRY HYDRANT - Component A Optional manway with polyethylene extension to grade B Bolted steal cover with gasket C 4" lockable level inspection port D Combination PVC vent ! refill, 2.5" NST -F swivel & plug E Dry hydrant head wlrh dust cap, 6" NST -Male F 8" pipe coupling molded into lank shall tor draw pipe G 6" draw pipe with vodex breaker at tarot H Weep tube to malmain proper air space Notes APPLIED ENGINEERIN & SUPPLY GOLDEN, COLORADO 303►216 i2e7 1 Ref&lf through; combination vent or dry hydrant with 2.5" hose adapter (50 PSI max) 2 Lift Jar 8 ft diameter tank 13 vertical feet to horrorlf head 3 NJanway access is not required !optional accessory 4 Order check valve in weep tube ' l" for potable water applications 5 Mx or comtaine accessories to meet your specific department requirements 6 Use fiber fabric geotextile between gravel and soil cover 7 lnstalfalion must followA.Eci 5, installation Handbook" Vont with !R' rnct ecrb»n. Illi Brass 2.5" NST -€refill emvel dl plug tit_ Ostecrlptive o( fire department applications DETAIL PROVIDED BY FIRE DEPARTMENT FIRE SUCTION PIPE TANK ACCESS MANHOLE ONE 7,000 GAL. FIBERGLASS WATER STORAGE TANK (BURIED) 2" TANK FITTING FOR WATER SUPPLY FROM WELL EXIST. WELL - ootutltutwo,.: .9• r 4" TANK FITTING FOR WATER SUPPLY TO LOTS 6" TANK FITTING FOR 35 GPM SUBMERSIBLE PUMP CONTROLLED BY VFD FOR PRESSURE REGULATION TO CONSTANT 30 PSI 6" TANK FITTING \___________ FOR LEVEL CONTROLS FOR WELL PUMP 2" DRAIN TO DAYLIGHT (IF POSSIBLE) 2" SCH. 80 PVC WATER PLAN DETAILS SCALE: NOT TO SCALE DRAWN BY: TPB DATE: 15 nov 2006 CHKD BY: TPB APPD BY: TAZ SHEET: W2 OF 2 DRAWING: BASE OVERVIEW SUBDIVISION ZANCANELLA ANO ASSOC/ATES, /NC. ENC/NEER/NC CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW0OD SPRINGS, COLORADO 81802 (970) 94.5-5700 FIGURE NO. W2 PROJECT: 97404.06