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HomeMy WebLinkAbout4.0 BOCC Staff Report 06.19.2000REQUEST: BOCC 06/19100 PROJECT INFORMATION AND STAFF COMMENTS Preliminary Plan review of the Powerline Professional Park Subdivision. APPLICANT: Western Slope Development Company. ENGINEERS: High Country Engineering, Inc. PLANNERS: SK Collaboration. LOCATION: A parcel ()fluid situated in Section 11, T. 6S., R. 93W., of the 6th P.M.; located on Highway 6/24, approximately 1/4 mile east of Rifle. SITE DATA: 29.510 acres. WATER: 3 shared Wells. SEWER: Central System (Cottonwood Springs Mobile Home Park System) ACCESS: Highway 6/24. ZONING: Commercial General (C/G). ADJACENT ZONING: East: C/G West: R/G/SD, C/G North: A/I South: A/I RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel of land is located in District B (Subdivisions/Rural Serviceable Areas), of the Garfield County Comprehensive Plan, 1984. The parcel is also included within the City of Rifle Comprehensive Plan area, 1998, which designates the property as County Industrial. 1 DRAFT for Review Only II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is Located approximately 1/4 mile east of Rifle, on the north side of Highway 6/24, directly east of the Cottonwood Springs Mobile Home Park. The site is flat, with slopes less than 1 %, with an overall elevation difference of 15 feet from the north to south property lines. The site is undeveloped other than the power lines as indicated on the submitted Preliminary Plan. The site consists of an open field with ricegass, wheatgrass, junegrass, servicebeny and big sagebrush, with wheat and a minor infestation of Musk Thistle. B. Development Proposal: The applicant is proposing to subdivide the tract into a total of 8 commercial lots on the 29.510 acre parcel. The lots range in size from 2.819 acres to 5.716 acres with an average lot size of 3.69 acres. Water is to be supplied by three wells through a well sharing agreement. Sewage disposal is to be through a central system (Cottonwood Springs Mobile Home Park System). Access will be via a public road/cul-de-sac off of Highway 6/24. III. REVIEW AGENCY/PUBLIC COMMENTS A. Colorado Division of Water Resources: In a letter dated June 6, 2000, (See •. he ` '•n of Water Resources comments state, "Our letter of June 5, 29 ! ' dee p:s. , suggested that approval of the final plat be withheld until the amendment to -4e' District Contract and the necessary well permits are approved. Discussion with Ms. Janet Maddock of the West Divide Water Conservancy District indicates that the amendment was approved upon signing of the application to amend District Water Allotment Contract/Lease No. 990612RK(a) by the District Vice President on May 16, 2000. Therefore, only the well permit remains to be approved." Staff notes that any and all required well permits will have to be approved prior to Final Platting of any phases. A copy of the approved amended District Water Allotment Contract/Lease No. 990612RK(a) was received by the Planning Department o e 7, 2000, from Janet Maddock of West Divide Conservancy District (See . 'A./ B. City of Rifle: The City of Rifle commented on this application in a letter dated December 3, 1999 (See application submittal Appendix L), and stated that, "the City does not oppose this proposal and it would ask the County to consider the following concerns:" The City supports the creation of:jobs and tax base in and around Rifle. 2 • The City would expect the County to take appropriate measures to ensure that the effects of this development would create no short or long term damage to this area (visual, environmental, social, etc.) One specific concern of the City is that Rifle's primary domestic water intake is in close downstream proximity to this project, and this area has relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. The City would request that as this parcel is developed the requirements of the Rifle Municipal Code, Title 17 and the Rile Public Works Manual be followed. The City would expect at some date that this area be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City development standards. C. Colorado Departmentof Public Health and Enyironment: In a letter dated April 6, 2000, (See, from the Department of Health, comments include, "We are able to waive the equirphent that engineering and financial planning be commenced at 80% of rated desi capacity." This is in response to an application by Mr. Schenk of the Cottonwood Springs Mobile Home Park to waive this requirement in order to connect Powerline Professional Park to the existing central sewer system. Thus, this waiver appears it will be granted. Since this letter, the applicant has received an amended certification for the Colorado Wastewater Discharge Permit System, which appears will allow the subject property to connect to the Cottonwood Springs Mobile Home Park central sewer system (See appendix 1-1 of the application submittal). D. Bookeliff' Soil Conservation District: In a letter dated November 30, 1999 (See Appendix L of the application submittal), the Bookcliff Soil Conservation District responded with concerns about noxious weed control, and suggested that the subdivision applicant contact Garfield County Vegetation Management for proper weed control of noxious weeds on site. Further, the district stated: "Any cuts for roads or construction should be revegetated to prevent erosion." This will be a condition of any Final Plat approval. E. Garfield County Vegetation Management: Steve Anthony, of Garfield County Vegetation Management, responded to the application in a memorandum dated November 29, 1999 (See Appendix L of the application submittal), in which he states that it is essential to document exactly where toadflax and spurge are located on the 3 property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, � �, "1/Schedule of treatment, eyePlans of followup, Q4 Name applicator that will do the work." This will be a condition of approval of any Preliminary Plan and must be addressed with any Final Plat submittal. This is necessary so that Garfield County Vegetation Management will have an opportunity to review the applicant's submittal and provide comments before Final Plat approval. Since this letter, it is staffs understanding, from the comments in Section M, Bookcliff Soil Conservation District, of the applicant's submittal, and in conversations with the applicant, that many noxious weeds were originally identified on the site by mistake and in fact do not exist on the site. This needs to be clarified in writing by the applicant in any Final Plat submittal and reviewed by Garfield County Weed Management to determine an accurate account of any weeds which may be present on the subject property. Further, a weed management plan developed with respect to the weeds which are present must be submitted with any Final Plat submittal as discussed above. F. Colorado Geological Survey: In a letter dated November 17, 1999 (Seeps ), the Colorado Geological Survey responded, "...each building site should be exaMnerrwith one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with several specific mitigation measures to be followed under varying conditions. These will be conditions of any Final Plat approval. G. ' . li rvi . - •an +f slor • . In a letter dated November 16, 1999 (See pgs. ),Ville Public Service Company of Colorado stated they have no material objection e development, however, they pointed out some issues we may wish to discuss with the developer including: ■ Denoting the proposed utility installation within the proposed 60' access easement. ► ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. ► The fact that there is no distribution gas in Highway 6 & 24, and that if this development is to be served with natural gas, access would have to come from either County Road 210, to the north, or the Cottonwood 4 Trailer Park to the west, depending on loads. ► Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and operation of these facilities. ■ Finally, any requirements over and above the licensing agreement with Tri-State which may be required if facilities are placed within the proposed 60' right-of-way. These will be conditions of any Final Plat approval. With regard to the last issue, the applicant is proposing a 15' utility easement along the outside of the 60' right-of-way, and within the Tri-State easement which is not included in the existing Tri-State agreement. Thus, the Tri-State agreement needs to be revised to allow this utility easement within their easement. This is further discussed later in this report. Finally, easements for the proposed wells are also located within the Tri-State easement which have not been addressed within the Tri-State agreement. Thus, the agreement needs to be revised to allow for the well easements as well. This is discussed in detail later in this report. A x has been submitted to staff, dated June 1, 2000, from Tri-State (See p. )which indicates that the new proposal for a pond within in the cul-de-sac ha been approved by Tri-State as long as all conditions of the agreement with Tri-State are met. This will be a condition of any approval of this application. H. Garfield School District No. Re -2: Garfield School District No. Re -2 stated "At this time there are no concerns or comments.", in a letter dated November 9, 1999 (See Appendix L of the application submittal). I. Garfield County Sheriff's Department: The Garfield County Sheriffs Department has no concerns or comments, as stated in a letter dated November 10, 1999 (See Appendix L of the application submittal). J. Rifle Fire Protection District: The Rifle Fire Protection District stated five recommendations for the proposal in a letter dated November 23, 1999 (See Appendix L of the application submittal): 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase 5 K. L. to evaluate any additional fire protection requirements. These will all be conditions of any approval. In a letter dated April 11, 2000, (See Appendix L of application submittal), the District states that they have reviewed the pond proposal for fire storage, "...and is comfortable with the proposal." The Letter continues with recommendations to be met at Final Plat and various stages of the development of the subject property which will be conditions of any approval. Further, given the recommendation to determine sprinkler system needs (and other needs) at the building permit phase, a plat note must be included on any Final Plat which states, "Prior to building permit application with Garfield County, all building plans must be submitted to the Rifle Fire Protection District for their review and approval." Colorado Department of Transportation: CDOT has issued an access permit to the subject site, Permit No. 399164 with attached conditions (See application submittal). This permit (See condition 1 of permit) grants access to a "Land Development Office with estimated 10 ADTs, a 60,000 square foot warehouse, and necessary traffic for further development. This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement plan. The development schedule shall be prepared by a professional engineer certified in the State of Colorado." These will be conditions of any approval of this application. City of Rifle Attorney (Leaven rflr& Tester, P.C.. Attorneys at Law): In a letter dated December 16, 1999 (See . ), as$he City Attorney for the City of Rifle, the City Attorney states, "It appear likely that the proposed subdivision would require a Watershed Permit. We ask that s ermit be required by the County prior to final plat approval." From this letter, the applicant was advised by staff, to look into this possible requirement for the purposes of Preliminary Plan review by the Board of County Commissioners. Since this first letter, a letter dated May 15, 2000 (See Appendix E of the application submittal), as the City Attorney for the City of Rifle, in a letter to John Barbie (the applicant), the City Attorney states, "...As you can see in SS 10.05.040(C), several activities trigger the need for a Watershed Permit other than construction or installation of sewage disposal systems. Please review these provisions in conjunction with the Powerline project and determine if a Watershed Permit is required." Since this letter, the applicant has determined that a Watershed Permit is required and has applied for a Watershed Permit as stated in Section M, City of Rifle, of the application submittal. This requirement is discussed in more detail later in this staff report. Colorado Division of Wildlife: No comments were received. 6 N. U.S. West Communications: No comments were received. O. Emergency Management: No comments were received. IV MAJOR ISSUES AND CONCERN 1).f t -!'ie Ite Water Supply, Since centralized municipal water is not currently available in the area, c_ the applicant is proposing the use of three (3) wells to supply the eight (8) proposed commercial lots through a well sharing agreement. Thus, a well sharing agreement would have to be entered into for any Final Plat approval. The applicant is also proposing to use well number one (1), located on lot 6 to supply water to the proposed pond to be used for fire protection. In a letter dated June 6, 2000, (See l )) the D-vison of Water Resources comments state, "Our letter of June 5, 20000ee pg . j�, uggested that approval of the final plat be withheld until the amendment the`'District Contract and the necessary well permits are approved. Discussion with Ms. Janet Maddock of the West Divide Water Conservancy District indicates that the amendment was approved upon signing of the application to amend District Water Allotment Contract/Lease No. 990612RK(a) by the District Vice President on May 16, 2000. Therefore, only the well permit remains to be approved." Staffnotes that any and all required well permits will have to be approved prior to Final Platting of any phases. A copy of the approved amended Dista ict Water Allotment Contract/Lease No. 990612RK(a) was received by the Planning Department o r si- 7, 2000, from Janet Maddock of West Divide Conservancy District (See In an analytical report of the water supply for the proposed subdivision, submitted by the applicant, and completed by John C, Kephart & CO., Grand Junction Laboratories, there is a note which states, "Exceeds water supply limits for Sodium, Sulphate, Dissolved Solids and Hardness. The overall mineral salt content is too high for human drinking water; treatment would be needed before drinking. Softening alone will not correct this problem, Reverse Osmosis is recommended." In addition, in a letter received from Michael Folse, a Colorado registered engineer, with regard to water quality, he states that the water sample used contained high levels of dissolved solids. He further states, "Dissolved solids are routinely removed using available reverse osmosis systems. The water quality with proper treatment should pose no risk to human health." Without reverse osmosis systems the water is not potable, thus, these systems will be required for any approved application. To this end, any approved covenants for this development must include the need for annual monitoring of the required reverse osmosis systems of each lot/building to ensure that the systems are functioning properly to supply potable water to each and every building/lot. This will be a condition of any Final Plat approval. The applicant has submitted contracts #99080912RK (a) and #9908093RK(a) and 7 #990612RK(a) from the West Divide Water Conservancy District as part of their water supply plan. All stipulations of these contracts must be adhered to by the applicant as a condition of any Final Plat approval. 2. Znin : The subject property is zoned Commercial. General (C/G). Uses by right: Single-family, two family and multiple family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park; boarding and rooming house; hotel, motel, lodge; Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescents home; group home for the elderly. Office for conduct of business or profession, studio for conduct of arts and crafts, Ip&ovided all activity is conducted within a building; Commercial establishments, as listed below, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automobile and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; Personal service establishment, including bank, barber or beauty shop; laundromat laundry or dry-cleaning plant serving individuals only; miniature golf course and Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation; General service establishment, including repair and service of automotive and vehicular equipment, vehicular rental, service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, mini -storage units, printing, publishing, plumbing, sheet metal and contractor's yard. General service establishment including lumberyard, motor freight depot and storage.. Uses. conditional: Row house, home occupation; parking lot or garage as principal use of the lot. Plant for fabrication of goods from processed natural resources. Uses. special: Automotive service station or washing facility; camper park; mobile home park; communication facility, correction facility. Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water impoundments, storage, commercial park; utility lines, utility substations; recreational support facilities. Plant for processing natural resources and agricultural materials into food and beverages; communication facility, correction facility. 001•..1Salvage yard, water impoundments, automobile racetrack and material handling; recreation support facilities. Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%). The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts. Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line for lots occupied by residential uses; seven and one-half(7.5) feet for lots with no residential occupancy; (3) Side yard: Ten (10) feet from side lot line or one half (1/2) the height of the principal building, whichever is greater. 9 Maximum Height of Building: Thirty-five (35) feet. Maximum Floor Area Ratio:. 0.5011.0 and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Minimum yard setbacks have not been identified on the submitted Preliminary Plan, these must be shown on any Final Plat submittal. In addition, no buildings can be constructed within the electric easements on the subject property, as such this should be clearly identified on any Final Plat submittal. The applicant has identified in the phasing plans, the proposed uses on the proposed eight (8) lots to be "Office, Mini -storage, Contractor Yard, General Service and Repair Establishment including; Lumber Yard and Storage". These uses are further discussed in the section of the staff report entitled Phasing Section 5.01.02 (3) of the Garfield County Zoning Regulation deals with Minimum OfStreet Parking. To comply with Section 5.01.02 (3) of the Zoning Regulations, off- street parking must be supplied for retail and service commercial uses, at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area). For on- street parking to be allowed, the proposed access street must be designed in conformance with Subdivision Regulation 9:35 (7) Roadside Parking. 3. Roads: Access to the subject property is proposed via an existing access point on Highway 6/24, where a public road approximately 600` in length with a cul-de-sac and pond for fire protection at the end will be built accessing each proposed lot. A Business Owner's Association will have to be formed to maintain this public road. The public road is also proposed to run through and parallel to two (2) existing power line easements owned by Tri-State Generation and Transmission Association, Inc. An access permit has been received from CDOT granting access to a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. This is outlined in condition 1 of the Access Permit which states: This permit allows the permittee access from US 6 to all lots in the parcel. Access is based upon a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement plan. The development schedule shall be prepared by a professional engineer certified in the State of Colorado. These and all other conditions of the access permit will 10 be conditions of any approval. The requirement of a development phasing schedule and a statement that this permit allows the permittee access from US 6 to all lots in the parcel does not change the fact that this particular access permit at this time only grants access to a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. Thus, this access permit did not address the originally submitted application for 8 lots to be approved without phasing. Thus, the applicant is now proposing to phase the development in three (3) phases. Phasing is discussed in more detail later in this staff report. The first phase is proposing to be limited to lots 1, 2, and 8 with a maximum of 20,000 building square footage. Since the access permit is for a maximum of 60,000 square feet and the proposed maximum building square footage is for a total of 60,000 square feet, no outdoor storage will be allowed on any of proposed lots 1, 2, and/or 8. This will be a condition of any Final Plat approval. Further, since the access permit states it is for warehousing only, the proposed uses of Office cannot be included as a use unless it is in connection with a warehouse and thus cannot stand alone as an office building; a Contractor yard would have to be completely within a building (no outside storage) because of the maximum building square footage proposed by the applicant and discussed above; General Service and Repair cannot be to the general public since that would not be considered a warehouse use; a Lumber yard which supplies goods to the general public is not allowed because that would not be considered a warehouse use, storage would be okay (completely inside as per Contractor yard above) as long as there is no sales to the public from that site. These will be conditions of any Final Plat approval. The Phase 1 map shows that only the eastern portion of the access road from the north boundary of proposed lot 2 to the north boundary of lot 8 will be included in phase 1. The entire portion of the access road in this area must be included in phase 1. This must be corrected for Final Plat submittal. The road frontage along proposed lots 1, 2 and 8 must be built to County Road standards per Section 9:35 of the Subdivision Regulations as part of Phase 1. Given the traffic analysis submitted by the applicant, the entire development would generate 1,761 ADTs. Since Phase 1 is for 3 of the total 8 lots this would equate to 37.5% of the generated traffic (3 divided by 8 equals 37.5%). Therefore, Phase 1 would generate 660 ADTs (37.5% multiplied by 1,761 equals 660). As per Section 9:35 of the Subdivision Regulations this would equate to a Minor Collector and as such must be improved to such standards as part of Phase 1. Phases 2 and 3 must be improved with regard to the access road to the standards of Section 9:35 of the Subdivision Regulations and the access permit must be amended accordingly to the satisfaction of CDOT for each phase and any and all conditions/requirements of the amended permit must be completed in conjunction 11 with the appropriate phase the permit has been amended for. A copy of an agreement between the applicant and Tri-State Generation and Transmission Association, Inc., to allow the applicant to build the proposed on-site 60 foot right-of-way within the transmission line easements, for access to the proposed eight (8) commercial lots has been submitted. Waste Disposal: The applicant is proposing connection to the Cottonwood Springs central system. A letter of intent to serve has been received from Cottonwood Springs allowing connection (See application submittal). However, it is conditional upon receiving a waiver from the Department of Health, which has been received (See application submittal). The Planning Department agrees that connection to a central sewer system is preferable to ISDSs. However, pertinent regulations as stated below, must be adhered to to ensure that such a system is viable. This has not occurred. In addition, it must be clear that any non-domestic waste cannot be disposed of in the central sewer system and thus an acceptable method to dispose of non-domestic waste must be included in any Final Plat submittal. In addition, a plat note must be included on any Final Plat which reads, "No non-domestic waste may be disposed of in the central sewer system." Now that the applicant has decided to proceed with connection to an existing sewer system (the original submittal proposed ISDSs), Section 4:92 (C)of the Subdivision Regulations becomes pertinent. This Section states: If public or private sewage treatment facilities are to be provided by an existing district or through the connection to an existing sewer system, evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: 1. Letter from an authorized representative of the facility or system stating that the proposed development can and will be served; 2. Nature of the legal entity which will own and operate the sewage treatment works; and 3. Proposed method of financing the sewage treatment works. A letter has been submitted from First Mortgage Investors, Ltd as part of the application submittal referring to a 575,000 loan. This is supposed to be a proposed method of financing not only the sewage treatment works but the road and all utilities including the fire water pond as well. This letter is not an acceptable form of financing any of the proposed infrastructure. Generally, a letter of credit or some other guarantee for the cost of the improvements is 12 required. Which method is going to be used must be explained at this time by the applicant A letter of credit or other means of guaranteeing financing is not required until Final Plat submittal. However, an acceptable method must be explained at this time. The letter referring to a $75,000 loan does not do this. This can easily be explained by the applicant to address this requirement. In addition, an engineers estimate of how much all of the referred to infrastructure will cost has not been submitted. Without this, the amount of money that needs to be secured cannot be determined. This too, is not required until Final Plat. However, the engineers estimate must coincide with any 01/ secured financing for Final Plat. Thus, to address this regulation, the applicant simply needs to explain what acceptable method of financing will be utilized and submitted with any Final Plat. Thus, the applicant has not complied with Section 4:92 C of the Garfield County Subdivision Regulations until an acceptable method of financing the infrastructure is described by the applicant. Once this is done, this regulation will be complied with. 5. Soils/Geology: The site is relatively flat with a slight slope down to the south with a total elevation difference of about 15 feet. The site, as indicated in the USDA Soil Survey of the Rifle Area, is located entirely within map unit 40, Kim Loam 3-6 percent slope. This deep, well drained, gently sloping soil is found on alluvial fans and benches. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotechnical on the subject site revealed the need for some design recommendations which should be adhered to in the construction of any buildings on any of the proposed eight (8) commercial lots with specific regard to foundations, floor slabs, and underdrain systems. In addition, a recommendation was made regarding surface drainage and the drainage plan for the subject site including: "To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted." (See Preliminary Geotechnical Study and Percolation Testing report prepared by HP Geotechnical). These recommendations, as well as those discussed later specifically regarding the drainage plan will be conditions of approval for any Final Plat. A letter received from the Colorado Geological Survey, dated November 17, 1999, stated, "...each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with further specific recommendations which should be followed in the construction of buildings on the subject property. 13 The recommendations made by HP Geotechnical and the Colorado Geological Survey regarding the construction of buildings on the subject property will be conditions of approval of any Final Plat. Fire Protection: The letter received from the Rifle Fire Protection District dated November 23, 1999 states five recommendations:: 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 OCTPSI residual pressure. 3, The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. These will all be conditions of approval of any Final Plat. The applicant is proposing the use of an on-site pond within the cul-de-sac of the access road. This pond is to contain the required 180,000 gallons of water and is to be supplied by the well located on proposed lot 6. In a letter dated April 11, 2000,.(See Appendix L of application submittal), the District states that they have reviewed the pond proposal for fire storage, "...and is comfortable with the proposal." The letter continues with recommendations to be met at Final Plat and various stages of the development of the subject property which will be conditions of any approval. Further, given the recommendation to determine sprinkler system needs (and other needs) at the building permit phase, a plat note must be included on any Final Plat which states, "Prior to building permit application with Garfield County, all building plans must be submitted to the Rifle Fire Protection District for their review and approval." This proposal is part of the overall water supply plan and thus must adhere to Section 4:91 (13) of the Subdivision Regulations which states: A water supply plan, at the same scale as the Preliminary Plan, shall provide the following information in graphic and/or written form: P. If a central supply and distribution system is to be provided, a general description elf the system, as designed by a Colorado registered engineer. In addition: 14 1. Nature of legal entity which will own and operate the water system; and 2. Proposed method of financing the water system. Since this pond is a new proposal, the nature of the legal entity which will own and operate the water system; and proposed method of financing the water system (as per the waste water discussion above) has not been addressed. This needs to be clearly explained by the applicant. Since the fire system will be shared among all lots, it should be maintained by "Business Owner's" Association. This needs to be addressed by the applicant. This has not been done. Thus, Section 4:91 (B) of the Subdivision Regulations has not been complied with in this application. Further, fire protection is clearly an issue of health, safety and welfare of the present and future inhabitants of Garfield County. Section 1:21 of the Subdivision Regulations states: The Subdivision Regulations are designed and enacted for the purpose of promoting the health, safety and welfare of the present andfuture inhabitants of Garfeld County by encouraging orderly development, in accordance with established County Policies and plans, and, in furtherance, of the general policy of balancing the diversified needs of changing population, including...protecting both urban and non -urban development. Without an adequate fire protectionlwater supply plan (given the above discussion) health, safety and welfare of the present and future inhabitants of Garfield County are not promoted. Thus, Section 1:21 of the Subdivision Regulations has not been complied with in this application. Finally, Section 9:51 of the Subdivision Regulations states: An adequate potable and irrigation water supply shall be available to all lots within a subdivision, taking into consideration peak demands to service total development population, irrigation uses, and adequate fire protection requirements in accordance with recognized and customary engineering standards. Without an acceptable fire protectionlwater supply plan, adequate fire protection requirements have not been addressed. Thus, this application does not comply with Section 9:51 of the Subdivision Regulations. 7. Garfield County Comprehensive Plan: Section 4:33 of the Garfield County Subdivision Regulations requires that the Board of County Commissioners make a decision regarding the Preliminary Plan based on the recommendation of the Planning 15 Commission and on the conformity or compatibility of the proposed subdivision with the Garfield County Comprehensive Plan, The Subdivision Regulations require that the Board review an application based on compatibility with various issues including the Comprehensive Plan. The following comments will address the project's compatibility and non -compatibility with these applicable portions of the plan: Concerns and Needs: r DSX. 001/ The concerns and needs section of the Comprehensive Plan identifies the need for or ellike industrial growth commercial/industrial ch supports the application in providing eight (8) new Industrial/Commercial: Goal: To maintain and support the existing economic base of the county as well as to provide for a diversified economy to broaden employment opportunities and ensure the stability of the region. The development of the proposed eight (8) new commercial/industrial lots will support the above goal by maintaining and supporting the existing economy and providing further diversification and more employment opportunities to ensure the stability of the region. Objective 6: Encourage industrial expansion where similar development already exists in appropriate areas, i.e., within or adjacent to platted industrial parks, within designated industrial zones in existing towns, or adjacent to existing similar development. The subject property is within District B as designated by the Garfield County Comprehensive Plan which identifies the district as having "good ability to absorb growth", which supports the property as an appropriate area for development. In addition, the City of Rifle Comprehensive Plan designates the property as County Industrial, supporting it as an appropriate area for commercial/industrial uses. By supporting the above goals and objectives, and addressing the need for more industrial growth, this application is in general conformity with the Garfield County Comprehensive Plan. Rifle Comprehensive Plan. As stated above, the Rifle Comprehensive Plan designates the subject property as County Industrial which supports the proposed commercial/industrial use. Further, the letter received from the City of Rifle states, 16 "...the City does not oppose this proposal...", lending support to the application. 9, Vegetation: In a memorandum received from the Garfield County Vegetation Management, dated November 29, 1999, Steve Anthony states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, . l 1t ' Schedule of treatment, e e Plans of followup, �� Name applicator that will do the work." Since this letter, it is staffs understanding, from the comments in Section M, Bookcliff Soil Conservation District, of the applicant's submittal, and in conversations with the applicant, that many noxious weeds were originally identified on the site by mistake and in fact do not exist on the site. This needs to be clarified in writing by the applicant in any Final Plat submittal and reviewed by Garfield County Weed Management to determine an accurate account of any weeds which may be present on the subject property. Further, a weed management plan developed with respect to the weeds which are present must be submitted with any Final Plat submittal as discussed above. 10. Drainage Plan: As briefly discussed earlier, the Preliminary Geotechnical Study and Percolation test conducted by HP Geotech contained some recommendations regarding the drainage plan for the application. The report stated, "The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Potential overflow from irrigation ditches should also be considered in the drainage plan." The applicant needs to explain, in writing, whether or not this has been addressed in the submitted drainage plan for any Final Plat submittal. These recommendations will be conditions of approval to be addressed in any Final Plat submittal for review by the Board of County Commissioners. 11. Wildlife: No comments were received from the Division of Wildlife, thus, it is assumed that no concerns are present regarding the subject proposal. 12. Radiation: The gamma radiation readings taken by HP Geotechnical show that no radiation mitigation should be required. Thus, there is no radiation concern on the subject property. 13. School Fees: School fees in the amount of $200.00 for each lot created for a total of $1:600.00 will have to be paid as a condition of any Final Plat. .7b 17 e.--?cfn 13. School Fees: The Commercial General zoning allows for residential uses. Thus, school fees in the amount of $200.00 for each lot created which allows a residential use will have to be paid as a condition of any Final Plat. At this time, phase 1 lots will not allow for residential uses as discussed within this staff report given the CDOT access restriction to warehousing for the lots in Phase 1. Thus, at this time, those lots (Phase 1) will not be assessed a school fee at Final Plat. However, in future phases, lots created will have the use by right of a residential use according to the zoning of Commercial General dependant on the amended CDOT access restrictionsfrequirements. At which time those lots will be assessed a school fee of $200.00 at Final Plat. In addition, if phase 1 lots are amended given a new access permit, to allow for residential uses on phase 1 lots, the school fees of $200.00 for each lot allowing residential uses will have to be paid at final platting. 14. Easements A 15' utility easement is proposed by the applicant to run outside of the 60' right-of-way within the Tri-State easement. This has not been addressed in the Tri- State agreement. Thus, this agreement needs to be revised to reflect this proposed 15' utility easement. Well easements are also proposed to be within the Tri-State easement, but have not been included in the Tri-State agreement. Thus, this agreement needs to be revised to reflect this. Again, there is no guarantee that this agreement will be revisedfapproved by Tri-State. Therefore, Section 4:60 (A) of the Subdivision Regulations which requires the following as part of any Preliminary Plan submittal: "Proposed terms of reservations or dedication of sites for public andfor common facilities use, if any;" has not been satisfied. In addition, Schedule B of the Policy of Title Insurance submitted by the applicant includes notations 10, 11, and 12 which need to be addressed by the applicant. Number 10 refers to terms and conditions of Garfield County Resolution No. 81-198 which needs to be explained by the applicant. This has not been done. Note 11 refers to an easement for the Grand River Ditch which has not been shown on the Preliminary Plan. Note 12 refers to an easement for ingress and egress which has not been shown on the Preliminary Plan. Section 4:50 (0) of the Subdivision Regulations requires the following be shown on the Preliminary Plan, "Any existing easements, along with the name(s) and addresses of the entity having an easement and legal description of those easements." Further, Section 9:21 of the Subdivision Regulations states, "Lot size, width, depth, and shape shall be appropriate for the type of development proposed and shall meet or exceed the minimum lot size requirements of the Garfield County Zoning Resolution or PUD regulations, where applicable." Without the Grand River Ditch easement, and the ingress and egress easement being shown on the Preliminary Plan, it is impossible to make a determination based on Section 9:21 of the Subdivision Regulations as outlined above. Therefore, Sections 4:50 (0), and 9:21 of the Subdivision Regulations have not been complied with. 15. Watershed Permit In a letter dated December 16, 1999 (See p. 32), as the City Attorney for the City of Rifle, the City Attorney states, "It appears likely that the 18 14. Easements: A 15' utility easement is proposed by the applicant to run outside of the 60' right-of-way within the Tri-State easement. This has not been addressed in the Tri- State agreement. Thus, this agreement needs to be revised to reflect this proposed 15' utility easement. Well easements are also proposed to be within the Tri-State easement, but have not been included in the Tri-State agreement. Thus, this agreement needs to be revised to reflect this. Again, there is no guarantee that this agreement will be revised/approved by Tri-State. Therefore, Section 4:60 (A) of the Subdivision Regulations which requires the following as part of any Preliminary Plan submittal: "Proposed terms of reservations or dedication of sites for public and/or common facilities use, if any;" has not been satisfied. In addition, Schedule 13 of the Policy of Title Insurance submitted by the applicant includes notations 10, 11, and 12 which need to be addressed by the applicant. Number 10 refers to terms and conditions of Garfield County Resolution No. 81-198 which needs to be explained by the applicant. This has not been done. Note 11 refers to an easement for the Grand River Ditch which has not been shown on the Preliminary Plan. Note 12 refers to an easement for ingress and egress which has not been shown on the Preliminary Plan. Section 4:50 (0) of the Subdivision Regulations requires the following be shown on the Preliminary Plan, "Any existing easements, along with the name(s) and addresses of the entity having an easement and legal description of those easements." Further, Section 9:21 of the Subdivision Regulations states, "Lot size, width, depth, and shape shall be appropriate for the type of development proposed and shall meet or exceed the minimum lot size requirements of the Garfield County Zoning Resolution or PUD regulations, where applicable." Without the Grand River Ditch easement, and the ingress and egress easement being shown on the Preliminary Plan, it is impossible to make a determination based on Section 9:21 of the Subdivision Regulations as outlined above. Therefore, Sections 4:50 (0), and 9:21 of the Subdivision Regulations have not been complied with. 15. Watershed Permit In a letter dated December 16, 1999 (Se p. ), as the City Attorney for the City of Rifle, the City Attorney states, "It a pears likely that the proposed subdivision would require a Watershed Permit. We ask such Permit be required by the County prior to final plat approval." From this letter the applicant was advised to look into this possible requirement for the purposes of Preliminary Plan review by the Board of County Commissioners. Since this first letter a letter dated May 15, 2000 (See Appendix E of the application submittal), as the City Attorney for the City of Rifle, in a letter to John Barbie (the applicant), the City Attorney states, "...As you can see in SS 10.05.040(C), several activities trigger the need for a Watershed Permit other than construction or installation of sewage disposal systems. Please review these provisions in conjunction with the Powerline project and determine if a Watershed Permit is required." Since this letter, the applicant has determined that a watershed Permit is required and has applied for a Watershed Permit as stated in Section M, City of Rifle, of the application submittal. Section 4:33 (G) of the Subdivision Regulations states, "The Board shall make its decision regarding the 18 Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the following:... (G) Other applicable local, state and federal regulations, resolutions, plans and policies." This watershed permit is an applicable regulation to this application which has not been obtained. Therefore, Section 4:33 (G) of the Subdivision Regulations has not been complied with. 16. Phasing Plan: The applicant is proposing to build the development in three phases. The first phase is to include proposed lots 1, 2, and 8. Phase 2 is to include lots 3, 4, and 7. Phase 3 is to include lots 5, and 6. Section 4:60 (B) requires a description of any phasing plan. The submitted phasing plan does not include the following necessary information: 1' Iteyie -vir 0011, A time line for initiation and completion of each phase. As per County Regulations, all phases must be completed within five (5) years. Additional specific information regarding fire protection including which wells will be used, which hydrants would be installed, and a description of the infrastructure (pipes, ponds, pump stations etc.) to be installed for each phase. A description of the sewer system infrastructure to be installed at each phase including pipes, pumps etcetera. A description of the access road to be installed at each phase including the section of the road to be built and level of improvement for each section (i.e. surface, grading, ditches, etc.). As per the earlier discussion in the roads section ofthe staff report, the access road must be built to appropriate county standards, and the entire width ofthe access road for the frontage along lot 8 must be included in phase 1. A description ofthe water system infrastructure to be installed for each phase, including wells, pipes etcetera. Therefore, Section 4:60 (B) of the Subdivision Regulations has not been complied with. SUGGESTED FINDINGS: 1. That the proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. That the proposed subdivision of land does not conform to the Garfield County Subdivision Regulations, specifically Sections 4:60 (A), 4:92(C), 4:91 (B), 1:2I, 9:5I, 4:50 (0), 9:21, 4:33 (G), and 4:60(B). 19 0 VI. 5. That all data, surveys, analysis, studies, plans, designs as are required by the State of Colorado and Garfield County have not been submitted and, in addition, have not been found to meet all requirements of the Garfield County Subdivision Regulations. The proposed subdivision is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. PLANNING COMMISSION RECOMMENDATION: At the regular public hearing of the Planning Commission on April 12, 2000, the Planning Commission made a motion to approve the application with the following staff recommendations for denial to be conditions of approval: 1. Section 4:91 (A) of the Subdivision Regulations has not been complied with. 2. Section 4:60 (C) of the Subdivision Regulations has not been complied with. 3. Section 4:92 (C) of the Subdivision Regulations has not been complied with. 4. Section 4:91 (B) of the Subdivision Regulations has not been complied with 5. Section 1:21 of the Subdivision Regulations has not been complied with, 6. Section 9:51 of the Subdivision Regulations has not been complied with. The resulting vote was a 2 to 2 tie. VII. STAFF RECOMMENDATION Staff recommends DENIAL of the proposed subdivision of land based on the following: 1. Section 4:60 (A) of the Subdivision Regulations, which requires proposed terms of reservations for common facilities be delineated, has not been complied with. 2. Section 4:92 (C) of the Subdivision Regulations, which requires financing of the sewage system to be described, has not been complied with. 3. Section 4:91 (B) of the Subdivision Regulations, which requires financing of the water system, and the legal entity which will own and operate the system to be described has not been complied with. 4. Section 1:21 of the Subdivision Regulations, which addresses health, safety and welfare of inhabitants of Garfield County has not been complied with. 20 Section 9:51 of the Subdivision Regulations, which addresses fire protection, has not been complied with. Section 4:50 (0) of the Subdivision Regulations, which addresses the delineation of existing easements, has not been complied with. 7. Section 9:21 of the Subdivision Regulations, which addresses appropriate and shape, has not been complied with. ots sizes 8. Section 4:33 (G) of the Subdivision Regulations, which addresses conformity with applicable local, state, and federal regulations, has not been complied with. 9. Section 4:60 (B) of the Subdivision Regulations which requires a description of any phasing plan has not been complied with. Staff would like to note, that although the applicant does not comply with the above detailed sections of the Subdivision Regulations, many, if not all of these regulations/reasons for recommending denial may be able to be adequately addressed at the Board of County Commissioners hearing of June 19, 2000. At this time, the applicant is not in compliance with the above noted regulations simply because certain relevant substantive information, not completeness information has not been submitted by the applicant. However, much, if not all, of the relevant information may be available from the applicant at the hearing. If this information can be presented at the hearing by the applicant, or the above noted regulations can be adequately addressed by the applicant at the hearing, staff would then recommend approval with the conditions of approval which have been outlined within this staff report as being required with any approval. 21 POWERLINE PROFESSIONAL PARK SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of , 2001, by and between WESTERN SLOPE DEVELOPMENT CORP. a/k/a WESTERN SLOPE DEVELOPMENT LTD., a Mississippi corporation ("OWNER"); and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ("Board" or "County"). RECITALS WHEREAS, Owner is the owner and developer of a parcel of real property situated in the County of Garfield, State of Colorado, known as the Powerline Professional Park Subdivision, as further described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subdivision"), which Subdivision is depicted on the Final Plat of Powerline Professional Park Subdivision ("Final Plat"), to be filed of record in the office of the Clerk and Recorder for Garfield County, Colorado; and WHEREAS, on October 10, 2000, the Board approved a Preliminary Plan for the Subdivision, subject to certain conditions, as set forth in Resolution No. 2000-82, recorded with the Garfield County Clerk and Recorder on October 11, 2000, in Book 1212 at Page 45 as Reception No. 570645; and WHEREAS, on , 2001, the Board approved the Final Plat for the Subdivision, subject to certain terms and conditions, as set forth in Resolution No. 2001- , recorded with the Garfield County Clerk and Recorder on , 2001, in Book at Page as Reception No. ; and WHEREAS, the Board's approval of the Final Plat will enhance the value of the Subdivision and inure to the Owner's benefit and that of its grantees and successors -in -interest, and the Owner acknowledges and consents to the jurisdiction of the County to impose the restrictions and conditions set forth in this Agreement, and agrees to perform each and every one of them. AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties agree as follows: 1. FINAL PLAT APPROVAL. Having reviewed the Final Plat in accordance with the procedures set forth in the Garfield County Subdivision Regulations, the Board hereby approves said Plat, subject to the terms and conditions set forth in the above -referenced Board Resolutions, the Final Plat, and this Agreement, together with all security posted or to be POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 2 vf9 posted for the completion of public improvements, all in accordance with the Garfield County Zoning Subdivision Regulations. The Owner shall submit to the County a reproducible copy of the Final Plat, conforming with the requirements of Regulation 5:24, for signature by the proper County authorities, 2. DEVELOPMENT. Owner shall cause to be constructed and installed, at its own expense, such improvements for the Subdivision as are required in accordance with the above -referenced Board Resolutions, the Final Plat, this Agreement, and the Garfield County Subdivision Regulations. AH such improvements shall be completed on or before the 30`h day of June, 2001. Owner's compliance herewith shall include: a. All plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set forth on the Final Plat, all of which are incorporated herein by this reference; b. All requirements set forth in the Garfield County Subdivision Regulations pertaining to this Subdivision; c. All laws, regulations, orders and resolutions of the State of Colorado, the County of Garfield, and any and all special districts within which the Subdivision may be located; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Owner and its engineers in furtherance of the application for subdivision approval, as heretofore approved by the County, including but not limited to: (1) sewer collection lines, mains and interceptors for the Subdivision and connection of said facilities pursuant to that certain Wastewater Service Agreement dated September 5, 2000, between Owner, Waste Water Treatment Services, LLC, and Cottonwood Springs, LLC, as recorded with the Garfield County Clerk and Recorder on September 18, 2000, in Book 1207 at Page 944 as Reception No. 569519; (ii) water supply and distribution systern for potable water and fire protection purposes for the Subdivision pursuant to Well Permits #054864 -F,#053268 -F, #053267-F issued by the Colorado Division of Water Resources; West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a); and the terms and conditions of well sharing agreements set forth in the Declaration of Covenants, Conditions and Restrictions for the Subdivision approved by the WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 3 of 9 County and recorded concurrently herewith in the records of the Garfield County Clerk and Recorder in Book at Page as Reception No. (iii) roads, pedestrian ways, drainage features and utility structures, in accordance with the aforementioned designs, drawings, maps, specifications, etc., and the Final Plat; e. payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the public improvements. The County agrees that if all improvements are installed in accordance with this Agreement, the Final Plat documents, the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the requirements of the above referenced Board Resolutions, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the Subdivision. 3. RECORDED COVENANTS, CONDITIONS AND RESTRICTIONS. Prior to or concurrently with recordation of the Final Plat in the records of the Clerk and Recorder for Garfield County, Colorado, Owner shall record a Declaration of Covenants, Conditions and Restrictions, as approved by the County, which Declaration shall run with the land comprising the Subdivision as described on Exhibit A and the Final Plat. The Declaration of Covenants, Conditions and Restrictions shall, without limitation, contain provisions approved by the County for enforcement and administration of County requirements, installation of public improvements, development design review, as well as maintenance and repair of all public access roads and utility easements. 4. ACCESS ROAD AND UTILITY EASEMENTS. a. Dedicated Access Road; Utility Easements. The access road to the Subdivision, as described on the Final Plat and dedicated to the public thereon, shall be accepted by the County upon Owner's completion of the public improvements pursuant to this Agreement and the standards and requirements of Section 9:35 of the of the Garfield County Subdivision Regulations. The County's acceptance of such dedication shall be deemed to occur no later than the County's release of Owner's security for its performance hereunder, as described below. The County consents to the Owner's reservation of a utility easement within the area of the dedicated road access, as shown on the Final Plat. Upon Owner's completion of the WESTERNSLOPE-SIA- 1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 4 of 9 improvements constituting the access road, the Powerline Professional Park Property Owners Association, Inc., as established in the recorded Declaration of Covenants, Conditions and Restrictions for the Subdivision, shall be responsible for the maintenance, repair and improvement of such access road. b. Emergency Access for County. In addition to the dedicated access road, all easements for access, utilities and emergency purposes shall be accessible to the County and the Rifle Fire Protection District at all times. In the event any structure is constructed which obstructs access to any lot, the County and District retain the right to remove such obstruction(s) at the sole cost of the Owner. The County and/or District shall not be responsible for any costs associated with the replacement of said obstructions. 5. CDOT ACCESS PERMIT. The Owner shall submit, prior to recordation of the Final Plat, approved access permit #399164 from the Colorado Department of Transportation authorizing ingress to and egress from the Subdivision onto Highway 6 at a location as depicted on the Final Plat. 6. WASTE WATER SYSTEM. Owner is responsible for assuring installation of all sewer collection lines, mains and interceptors for the Subdivision, and connection of said facilities, pursuant to that certain Wastewater Service Agreement dated September 5, 2000, between Owner, Waste Water Treatment Services, LLC, and Cottonwood Springs, LLC, as recorded with the Garfield County Clerk and Recorder on September 18, 2000, in Book 1207 at Page 944 as Reception No. 569519. All easements and rights of way necessary for installation, operation, service and maintenance of the waste water collection system shall be granted pursuant to said Wastewater Service Agreement and as shown on the Final Plat. 7. WATER SUPPLY. Owner is responsible for assuring installation of a water supply and distribution system for potable and fire protection water for the Subdivision pursuant to terms and conditions set forth in Well Permits #054864 -F,#053268 -F, #053267-F issued by the Colorado Division of Water Resources; West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a); and the terms and conditions of well sharing agreements as set forth in the Declaration of Covenants, Conditions and Restrictions for the Subdivision approved by the County and recorded concurrently herewith in the records of the Garfield County Clerk and Recorder in Book at Page as Reception No. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established pursuant to the said Declaration of Covenants, Conditions and Restrictions, and as shown on the Final Plat. 8. SCHOOL IMPACT FEES. Pursuant to Section 9:80 of the Garfield County Subdivision Regulations, prior to recordation of the Final Plat, Owner shall pay to the County WESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBIIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 5 of 9 school impact fees in the amount of $1,600.00, representing fees in the amount of $200 per lot for eight platted lots. Subsequent to recordation of the Final Plat, Owner shall not claim, nor is Owner entitled to, a reimbursement of the school impact fees paid pursuant hereto. 9. COST OF PUBLIC IMPROVEMENTS. All public improvements and upgrades in and to the Subdivision shall be constructed and paid for by the Owner in accordance with all relevant provisions of the Garfield County Subdivision Regulations, the above -referenced Board Resolution, this Agreement and the Final Plat. Attached as Exhibit B hereto and incorporated herein by this reference is a revised engineer's estimate submitted by the Owner and identifying the public improvements to be made and the estimated cost of completion thereof. Upon Owner's completion of all public improvements, or in stages thereof as Owner elects, Owner's engineer shall certify the extent to which construction has been completed. No certificate of occupancy shall issue for any improvement in the Subdivision until such time as any and all public improvements have been installed and all charges for services actually installed by the County, if any, have been paid in full. 10. SECURITY FOR IMPROVEMENTS. a. Cash or Letter of Credit. On or before the date of the recording of the Final Plat of the Subdivision with the Garfield County Clerk and Recorder, Owner shall deliver cash or a Letter of Credit in a forrn acceptable to the County in the amount of $65,000.00 which is the estimated cost of completing the remaining subdivision improvements related to the Subdivision as set forth and certified by a licensed engineer on Exhibit C attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. lithe institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of the Uniform Commerical Code — Letters of Credit, §§4-5- 101, et seq., C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) rnonths beyond the completion date for the improvements set forth herein. if the time for completion of improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended, Additionally, should the Letter of Credit become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the iinprovernents, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms antis Agreement. b. Partial Releases of Security. The County shall release portions of the Security as portions of the subdivision improvements are completed to the satisfaction oldie County. Certification of completion of improvements adequate for release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall WEST ERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 6 of 9 certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof: (1) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines; and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvement as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified itnprovements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation. If the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall snake a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for the Subdivision shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. W ESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 7 of 9 11. SUBDIVISION OR CHANGE OF BOUNDARIES OF LOTS. All further subdivision or re -subdivision or any material change in the boundaries of lots within the Subdivision shall be subject to the Garfield County Zoning Code and Subdivision Regulations. 12. LIABILITY. Owner shall indemnify and hold harmless the County, its officers, agents, employees, contractors and third -party insurers, from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of, any act or omission of the Owner, or of any other person or entity for whom the Owner is legally responsible as determined by a court of competent jurisdiction, for construction of the public improvements required under this Agreement; and Owner shall pay any action or claire together with all reasonable expenses and attorney's fees incurred by the County in defending such suit, action or claim. Owner shall require that all contractors and other employees engaged in construction of improvements shall maintain adequate worker's compensation insurance and public liability coverage and shall fully comply with the provisions of the Federal Occupational Safety and Health Act. 13. DRAINAGE LIABILITY. Owner hereby indemnifies and holds the County harmless from any and all liability on account of change in the nature, direction, quantity, or quality of historical drainage flow resulting from the creation of the lots within the Subdivision; and promises to reimburse the County for any and all costs including, but not limited to, reasonable attorney's fees, which the County may actually incur, if any, in acquiring or condemning rights-of-way or easements for drainage, as a result of the development of the Subdivision. 14. DEFAULT; CONSENT TO VACATE FINAL PLAT. In addition to such other remedies as may be available under this Agreement, if Owner fails, refuses or neglects to perform under the terms of this Agreement, including the failure to timely cure any alleged deficiency in the construction of public improvements, the County shall furnish the Owner (and all other record title owner(s) of lots within the Subdivision) written notice of default hereunder. If such default has not been cured or otherwise remedied to the satisfaction of the County no less than sixty days thereafter (or such greater or lesser time as the parties may hereafter agree in writing), the County may draw on the security posted by the Owner pursuant hereto and in accordance with the terms of such security instrument, and may withhold approval of any and all pending or new development applications, building permits, certificates of occupancy (except with respect to any structure for which a building permit has been issued), until the failure of performance has been corrected by the Owner. If the County draws on the security, the County may use the proceeds thereof for all costs and expenses incurred in connection with completion of all public improvements for the Subdivision, including but not limited to engineering expenses, consultants' fees and charges, and reasonable attorneys' fees W ESTERNSLOPE-SIA-1 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 8 of 9 and costs. Nothing herein shall be construed as restricting either party from pursuing such remedies as it may have at law or in equity to enforce the provisions Hereof. If either party to this Agreement brings legal action against the other, the substantially prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. The waiver of any one or more defaults under this Agreement shall not constitute a waiver of performance hereunder in any other respect. As an additional remedy for default hereunder, and only after notice of default and expiration of the Owner's right to cure, the County shall be entitled to vacate approval of the Final Plat and record an instrument to such effect in the records of the Clerk and Recorder for Garfield County. 15. RECORDING OF AGREEMENT. This Agreement shall be recorded and shall be a covenant running with the property described in Exhibit A, and shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions hereof. 16. BINDING EFFECT. The provisions of this Agreement shall bind and inure to the benefit of the parties, their assigns, agents, employees and successors -in -interest of all kinds, including Owner's grantees. For purposes of establishing responsibility for performance hereunder, each and every reference in this Agreement to the "Owner" shall be construed as referring to Owner's successors) -in -Interest, as applicable at the time enforcement of this Agreement may be sought. 17. NOTICES. 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 delivery, facsimile transmission, United States mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for whom it is intended at their address and facsimile number(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this Addendum paragraph: If to Owner: If to the County: W ESTERNSLOPE-SIA-1 Western Slope Development Corp. Attn: Robert O. Klein P.O. Box 1198 Rifle, CO 81 650 Board of County Commissioners c/o Mark Bean, Garfield County Planning Director 109 Eighth Street, Room 303 Glenwood Springs, CO 81601 POWERLINE PROFESSIONAL PARK SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT Page 9 of 9 18. AMENDMENT. This Agreement may be amended or modified from tirne to time, but only in writing signed by the parties hereto. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado. 20. PARAGRAPH TITLES. Paragraph titles in this Agreement are for convenience only and are not to be used to construe or interpret this Agreement. 21. COUNTERPARTS. This Agreement may be signed in counterparts, in which case all counterpart signatures together shall constitute full execution hereof. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER: WESTERN SLOPE DEVELOPMENT CORP. a/k/a WESTERN SLOPE DEVELOPMENT LTD. (a Mississippi corporation) By: Robert O. Klein, President BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Print Name: Chairman ATTEST: Mildren Alsdorf, Clerk and Recorder Garfield County, Colorado WESTERNSLOPE-SIA- l L 1 " ['ire 1 L4*. OFFICE OF THE STATE ENGINEER Division of Wase+ Resources Department of Natural Resources 1313 5herr►rart Street, Room 818 Denver, Colorado 80203 Phone: (303; 866-3501 FAX ;303) 866-3589 hap..2.-,a Stare.ccy,us/cfa&aulc.'ntm .Jeff Laurlen Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 !‘.4L e -Al �,' Re: Pawerline Professional Park, Subdivision Preliminary Plan r.J' r.„ Sec. 11, T6S, R93W, 6TH PM v W. Division 5, W. District 39 Dear Mr. Laurien: We have reviewed additionat information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29-5 acres into eight commercial parcels. The Ve_e,Contracttease , additional information included a copy of an application to amend District Water Allotment , No- 990612RK(a) from one acre-foot/year to two acre-feetlyear, and a letter from /' Zancanella and Associates dated March 24, 2000. Previous submittals included a copy of ai,!'' l/ report by Zancanella and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well `' permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 9908092RK(a and 9908093RK(a) for one acre-foot of water each. Note that Permit No- 52691-F was issued pursuant to District Water Allotment Contract/Lease No. 990612RK(a), which at that time was also for one acre-foot of water. The plan notes that the three wells will be shared by the lots, with up to three lots on one well. Permit No. 57691-F was issued on October 21, 1999, and Permit Nos. 53267-F and 53268-F were issued on February 8, 1999. for the use of one acre-foot of water l e °r ( annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. The additional submittal is a proposal to use the well with permit no. b2691 -F to fill and replace evaporation for the pond, which is to be used to satisfy the fire suppression water storage plan as required by the Rifle Fire Protection District. This replaces the proposal to fill the pond via the Lower Cactus Valley Ditch, The pond will contain 180,000 gallons (0.55 acre-feet) and the revised annual evaporation estimate is 0.31 acre-feet (per the March 24. 2000 letter from Zancanella and Associates), for a total of 0.86 acre-feet per year. Note that none of the wells are currently permitted to supply water to the pond for filling or to replace evaporation. As discussed in our previous letters of February 8, 2000 and April 11, 2000, Mr. Robert Klein submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Therefore the total annual use under the contracts is estimated as 3.53 acre-feet (0.66 acre-feet 4. 2,67 acre-feet). The current contracts are valid for 3 acre-feet. The propose amendment to District Water Allotment. Contract/Lease No. 990612RK(a) would increase this to 4 acre-feet, which would be adequate to compensate for the total annual use. A letter from Collins Wei' Drilling and Pump Company indicates that a well drilled on the property produced an average of 30 gallons per minute over a four 1 -tour period on October 4, 1999. If the proposed wells have similar production rates the water supply should be physically adequate. • STATE OF CQLOIADO June 5, 2000 g;IJ Owens Covernor Greif E. waictir• Executive i]irc,Aor e-1.{ D. Simpson, P.F. State Engineer Jeff Laurien Powerline Professional Park Based on the atsove, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights, provided the amendment to the District Contract is approved and the applicant obtains valid well permits for the proposed uses. We suggest that approval of the final plat be withheld until the amendment to the District Contract and the necessary well permits are approved. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. June 5, 2000 Sincerely, enneth W. Knox Assistant State Engineer KWKJCMLfPowerline Professional Park vi.doc cc: Oriyn Bell, Division Engineer Jaynes Lemon, Water Commissioner, District 39 TOTAL P.03 06/07/00 00:26A P.001 FACSIMILE TRANSMISSION COMPLETED ON THIS DATE AT .M. BY WEST DIVIDE WATER CONSERVANCY DISTRICT 124 WEST THIRD STREET, P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625-5461 FAX COVER SHEET DATE: Co NUMBER OF PAGES (including cover sheet) TO: FAX NUMBER: FROM: ' PA aAin e�� RE: 1 C ' ' ri 4 r j � 1 'lam, '�,+' j DOC(rMp i -s SLIBMi f FFiD: IF YOU DO NOT RECEIVE ALL OF THE PAGES. PLEASE CALL (970) 625-5461 Transmitted: Please: For approval Sign and return For signature Call upon receipt/review For review and comment Calif any questions As requested For your information OTHER • ; ESSAGE: ONF1DF.NTIAI,Ci'Y NOTE The information contained in this facsimile message may be privileged and confidential inTtxrnatior► intended only for the use attic indivi font or entity named above. ifthc reader ofthis message is not the Intended Recipient, you are hereby notified that anYdivontnation. diStributien orcoPy ofthis teleeopy is strictly prohibited. if you hive received this tclecopy in error. plane notify us immediately by telephone and return the original mzcsagc to us at the address above via the Unite States Postal Service. Thank you. Nov 21 99 11:219a bob 06/07/00 LC: SA P003 504 000 0000 corm No. OFFICE OF THE STATE ENGINEER GWS -25. COLORADO DIVISION OF WATER RESOURCES 818 Centennial 51e -a • 13`3 Sharman $r., Culver, CiAivaCo 90203 I3C31 1756-3 5 8 1 APPLicAN T ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650-f�, .y? /° / (970) 876-5242 PERMIT TO CONSTRUCT A WELL P- 1 1095 WELL PERMIT NUMBER 0529.1 - F DIV_ 5 W039 DES. BASIN MD 06( APPR_OVEi7 WEUJ.00AT1ON GARFIELD COUNTY NE 114 SW 114 Section 1i Township 6 S Range 93 W Sixth P.M. Ci—ISTANGES FROM SECTION LINERS 2259 Ft. frorn South 2125 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT QQN0IT1ONS OF APPROVAL ) This well shall be used in such a way as to cause no melenal injury to existing water nghts. The i33uance of this pernkt does not assure the applicant that no injury will oCCur l.0 another vested water right or preclude another owner of a vested water night from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approwai at a variance has been granted by the State Board of Examiners of Water We Canstructlon arid Pump Installation Contractors in accordance whit Rule 18. 3) Approved pursuant to CRS 37-90-137{2) for the Construction of a well. appropriating grounri water tributary to the Colorado River, as art alternate point of diversion to Else Avalanche Cana/ and Siphon, on the condition that rite wolf shall be operated only when the West Orvide Water Conservancy District's substitute water supply plan, approved by the State Engineer. is in effect, and whur n •crater aibtment centract between the well owner 'Dna brie West Divide Water Conservancy District for the release of replacement wafer from Ruedi Reservoir is in effect. or under an approved otan for augmentation, W[jWCD' contract rr990612RK(a). s) The use of ground Water frwr thtS welt Is limited to dnnking and Sandary purposes inside riarnmerrrai businesses. AiI use tit this well will be curtailed unless the water anatment contract or 3 plan for aucgrnentatian is in effecL 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water :a be aPProprrated V1IaII not exceed one (1) acre-foot (325,854 gai(ons). 7) The owner shall mark tine weii in a conspicuous place with well permit nurrlber(s), name of the aquifer, and court case number(s) as appropriate. The owner snail take necessary means arid precautions to preserve these markings. 8j This well Shall be constructed at least 600 feet from any existing well sat is not owned by the applicant and not more t1Ian 204 feet from the toranon specified on this permit. 9) A totalizing Clow meter must be installeo on this well and maintained in ;acid 'working order Permanent records of ail diversions must be maintained by the well owner (recorded at least annualty) alp submitted to the Division Engineer upon request, 10) This permit has been approved with an annual. diversion amount not to exceed t acre-foot as specified in the West Divide Water Conservancy District water allotment contract You are hereby notified that you have the right to appeal the issuance of this permit. by riling a written request with this office writhrn sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (Sea Sectaan 24-4-104 through 1015. C_R.S.) 14.) Monitor'ng here notice MF1-37013. was acknowledged for construction of a monitoring and observation hole `or this applicant. in this 1/4. Ila, on Septernaer 24. 999.. 1) {C(R( , UJrY r-• —. ' APPROVED KJW Stile gng.ncer Receipt No 0451198 DATE ISSUED OCT 2 t 1 eQa ay I 1l. P i RA'F'T . N AT Cl.. 21 06/07/00 06:26A P.004 • EXHIBIT "A" TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TE F.H. SECTION 11: 5E1/4NW1/4 AND THAT PART OF THE NE1/4SW1/4 LYING NORTHERLY OF HIGHWAY 6 AND 24 AND A TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT SOUTHEAST CORNET OF SW1/4NW1/4 OF SECTION 1.1, TOWNSHIP 6 SOUTH, RANGE 93 WEST 6TH P.M., THENCE NORTH 0°40' 'WEST 974 FEET; THENCE NORTH 55°0' WEST 397.5 FEET; THENCE SOUTH 25°10' WEST 542 FEET; THENCE SOUTH 38450' WEST 925.8 FEET; THENCE NORTH a9°45' EAST 1144.5 FEET, MORE oR LESS To THE PLACE or BxEGINNIYC. EXCEPTING THEREFROM THAT PART CONVEYED IN DEEDS REC0RDEO IN BOOK 583 AT PAGE 533 AND IN BOOK 587 AT PAGE 355 AND IN BOOK 277 AT PAGE 91 AND EXCEPT THE FOLLOWING: A PARCEL 0? LAND SITUATED IN THE NE1/4SW1/4 or SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATS OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER THENCE NORTH 89°43'19" NEL/45w1/4 969.20 FEET TO CONSTRt;cTED ANO IN pLA►CE, SAID NORTHERLY LINE THE EASTZRLY BANK: OF SECTION 11, A REBAR AND CAP IN PLACE; WEST ALONG THE NORTHERLY LINE OF SAID A POINT ON THE EASTERLY BANK OF A DITCH AS THE TRUE POINT OF 5EG1NNI G: THENCE LEAVING FQLLQWXNG FOURTEEN ( 14) COURSES ALONG SAID 1. SOUTH 60°59'067 WEST" 5.27 FEET; 2. SOUTH 89'36'35u WEST 10..20 FEET; 2. SOUTH 51°03'56" WEST 25.84 FEET; 4. SOUTH 00°20'42" EAST 345.98 FEET ; 5. ALCNG THE IRC or A CURVE TO THE RICHT HAVING A RADIUS OF 56.04 FEET AND A CENTRAL ANGLE OF 66'2.0'51", A DISTANCE OF 64.89 FEET (CHORD BEARS SOUTH 32°49'44" WEST 61.33 FEET) ; 6. 5t3UTM 66°00'117 WEST 47.64 FEET; 7. SOUTH 62,08'13" WEST 113.60 FEET; U. SOUTH 49'02' 5S" WEST 12.65 FEET 9. soJTH 21.36'59" WEST 12.65 FEET; 10. SOUTH 00°27'17" WEST 247.80 FEET; 11. SOUTH 08°22'29" WEST 46.49 FEET; 12. SOUTH 01'53'56" EAST 203.57 FEET; 11. SOUTH 27°18'38" WEST 40.22 FEET 14. SOUTH 45°50'51" WEST 39.02 FEET TO A POINT ON THE WESTERLY LINE OF SAID NEI/4SW1/4: THENCE NORTH 00°14'26" EAST ALONG SAID WESTERLY LIN 1071.37 FET TO THE NORTHWEST CORNER OF SAID Hut/ 4 SW1f 4 ; THENCE SOUTH 89041,19" EAST ALONG TETE NORTHERLY LINE OF SAID NE1/4swL/4 359.11 FEET TO THE TRUE POINT or BEGINNING. ALSO, E:C(. ''i C`i G ANY PART INCLUDED IN THAT LIS PENDENS grICE RECORDED JULY 6, 1998 IN WOK 1076 AT PAGE 449 IN Tl{C OFFICE OF TIL GEIRFI CD COUNTY CLERK AND RECORDER EXHIBIT A Apr -?6-00 1b -?6)e P.O. Box 1905 1005 Cooper Ave. Glenwood springs, CO 81602 06/07/00 06:26.4 P .005 970-945-1253 P_o1 ZimcmiELLA 4140 4S5OCt4TES,114C. Mr, John Barbee SK Collaboration r 7' 501 N. Box 324 Silt. CO 81652 Et4GME€(1t1a CorisuLT4 '4 ss March 24, 2000 RE: Powerline Professional Park Pond Dear John: (970) 445-5700 (970) 945-1253 Fox The proposed pond. in the cul-de-sac will be used for fire protection. The Rifle Fire Protect on District requires the pond to store 180.000 gallcns for this purpose. When full. the pond will have a surface area of 4616 sq.ft. Well #1 will be used to make up evaporation losses from the pond. Information from the Rifle Weather station was used to determine the evaporation loss for the pond. see attached table. The pond will require approximately 0.31 acre-feet of makeup water a year to compensate for evaporation. 1t you have any questions please call our office at (973) 945-5700 Very truly yours. Zaricanella & Associates, Inc. 13an Mathes. E.I.T. 41'02\0120000\0701 0701 Powen+netflre_pond.wpd EXHIBIT B Water Surface Evaporation Pond Surface Area 0.106 acres Total Evaporation 45.0 inches (From NOAA TR NWS -33) Elevation 5300 ft (1) (2) -- (3 (4) (5) (6) 47) Evap Evap Ice Free Preclp Effective Net Net Month j Dist % of Month Precip Evap Evap (%) __...(Inches) %) (inches) (Inches) (inches) (feet) January t 3.0% 1.4 100% 0,9 0.7 0.7 0.05 February ! 3,5% 1.6 100% 0.8 0.6 0.9 0.08 March l 5.5% 2.5100% 1.0 0.8 1.7 0.1 4 f�pril 9.0% 4.1 v 100% - 1.0 0.8 3.3 027 May 12.0% _.5.4 100% 1.2_ 0.9 4.5 0.37 Jane 14 5% 6.5 _ 100% 1.0 0.8 5.8 0.48 July 15.0% 6.8 100% 1.1 0 9 5.8 0.49 August 13.5% _ 6.1 100% 1.0 0.8- 5.3 (i.44 S!ernber 10.0% 4.5 100% 1.2 1.0 3.5 0.30 [October 7.0% 3.2 100% 1.4 1.1 2.1 0.17 November 4.0% . ... -1.8 -- - 104 % 1.0 - _ _0.8 1.0 = -- -0.418 December 3.0% _ . 1.4 100% 1.2 - 0 9 - -- - 0.4 0-04 Annual ! 100.0% 45.0 " 12,6 10.1 34.9 2.91 03r27f0O Total Pond Evap 0.000 4.008 0.016 0.029- 0.040 0.051 _ 0.052 0.047 0.031 0.018 0.009 0,04_ 0.31 _� . 1 r) 0 0 0 0 o I � A pood_evap-123 N 0 0 0) 06/07/00 06:26A P.M. f0 /)Lv4rv0:4�. 'b i it ..--.4.r.--.,;': $SI - +.,.....,..i57r / o 12 INT S TA TE 70 VICINITY ?OAP' P0WERLINE PARK PHASING P COMPLETION OF INFRASTRUCTURE 1 jr4,1"- 1)Phase One July 15, 2000 Sewer, Water and Fire Protection 2001 Road improvements 2)Phase Two July15, as necessary1 f \ ./ C. /Jr 3)Phase Three July 2002 Road improvements as necessary r f - ' ''FIRE PROTECTION iv), u 1' , o+/ ___ (,af ti The well on lot 6 will be used to fill the fire pond. The fire system including pond, fire hydrants and pumps (as required) will be installed as part of phase one. maintenance of the system will be the Responsibility of the Business Owners Association as indicated in the covenants and by Final Plat notes. SEWERAGE SYSTEM The entire sewer system as shown on the Preliminary Plan engineering drawings will be installed as part of phase one. The system will be composed of 8" collection system with 4" tap on each lot. All taps will be installed for phase one. ACCESS ROAD The access road will be installed graded and ditched as part of phase one. The road will be paved to the northern edge of lot 8. The remaining portion of the road, including the cul-de-sac will be improved at phase two. All work will be done in accordance with section 9:35 of the Garfield county regulations. WATER SYSTEM Phase One: Well on lot two will be installed with 2" piping to lot one and eight. Well on lot six with 2" piping to lot five and seven. Well on lot four with 2" piping to lots three and five. Including all pumps, flow meters and other equipment as required ACCESS PERMIT PAGE 11 PARAGRAPH 1, 2, 3, 4 & 5 The original traffic analysis has been superceded by the Phasing Plan submitted to CDOT The plan takes into consideration use of yard area for storage as well as the construction of 60, 000 Sq. Ft. of warehouse with sales offices. The plan does not require access improvement as part of phase one. Access for phase two and three will be improved with regard to the access standards of Section 9.35 of the Subdivision regulations and the existing access permit will be amended accordingly to the satisfaction of CDOT for each phase. All conditions/requirements of the amended permit will be completed in conjunction with the appropriate phase the permit has been amended for. TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.Q. BOX 33695 DENVER, COLORADO 80233-0695 (303) 452-6111 June 16, 2000 Mr. John Barbee Western Slope Development P.Q. Box 324 Silt, CO 81652 Dear Mr. Barbee: We have received your plans regarding the utility easements to be located within your Powerline Professional Park in Garfield County, Colorado. Tri -State's engineering department is presently reviewing your request and will be forwarding their comments on to me shortly. Normally we do not have a problem sharing part of our rights-of-way with other utilities as long as we can maintain the proper clearances. In this case we require you to maintain a distance of a least 25 feet from our structure foundations. I will be contacting you as soon as I receive comments from Tri -State's engineering staff to discuss how we proceed, if you need anything further between now and then please let me know. I can be reached at 800-332-0498. Sincerely, Jots Beyer Land Specialist Il 313 CMS SrA770N ►.v, ear rapt cg4r'. CO ill 82.6- 1244.1! r A V EQUAL OFFf3F %WM?' r AFFRMATWYE ACTION EMPLOYER •rw C,,..+pc-aii,t NNC%.A JTA77ON P0. SOX Ole NULLA, CO 4114244SM WO) 404-731$ DEVELOPMENT PHASING SCMDG FOR POW CALM PROFESSIONAL PM FTL(NI LOT AREA DLVLI.O»UNT APE 5% LD1 COVERAGE •2S%NON BUILD) Lot 1. 1.206 A.wies Lot.: 2.$74 Acxcs Lot $. 3 952 Agfa Acres 2 44 Aries 3.36 Mies 11LL,41.3 SF 146,216 SF 146,361 SF 41,1162 SF 79,714 SF 278,346 SF JUniarldLISUILLDIALMICE mcesa Parma 4399164, 30 Acre Wild -Use Devricpmcnr A&wa ssoi: 50,000 SF ` iScone Suds dict 14.4arataaftcttrrii wahine Dawioptaera is Waned to kak,de die ibilowils Lou te'net per Section 3.01, CommandCr aeras Zona District of& °afield Cousty Zvnrg R,aeoloon C�. M4-5toraSe, contractor Yud, OnezalServiceEstabiisteneni includirc Liarlbor Y.td , Motor FriliSta Depot sad Stare4c And ail Conditional and SpetiaJ U se s U apprak'ed by County J~;arso}utton. R LOT AREA DEVELOIMEMT ARA (b% LOT COVERAGE -2S% NON BUILD) Lot 3: 2.:19 Acrrs Lot 4• 2.947 Ages Lo 7: 3.738 A;,res 2 39 Acres 2 S0 Acres 3.11 Acres !sic* A .catuParma 4ThD, SQ Acre Multi -Cu Developerre 10,103 S= 1011,900 SF 138,320 SF 74,011 SF 80.934 SF WIZ/ 5f 26;155 SF roJee44 Alleerasee: Up to 262,355 SE vvitkta the ITE aeoetconCAtetortes a App -'4 x B arse u detattsrnd try either Method A or R v asdisated so Apperui ac A. Mull -Use i7tr+c3opm+ent is defied ID include the i ,owe gyaas by nem per Section 3.0E. Ca cs' a%4.l Crew ad Zoog Distro ofthe Ouarlt County ZoniregReavkdkiti: Circe, Arratakank & Racal] Eau th! t, Ms&ic .alar Rctr *1, Appli ttce Repair, $lu:ly snusth. Cabinet Shop. G1asiig Shop, Machine glop, Mel- Sto rage , Cgnueotor Yard (,,mere] Service Esubkalinera i seNding; Lumber Yard , Moior El -mot Depot And ell Conditional and Spec AI Utes acs rplxorer: by County Resolution 00.‘01110111/ ,� p.EI. ,c'o•. gill • • • 51 FL 9) LOT AREA 0K Vti OPM t ir13" ARG& ($P4 LOT CO V ERA G X • 25%1110N 8ULLD) LcetS• 4.254 Akre, 1.61 Acres 157,251 SF 117,9311 SF Loa; 3.714 Acres 4 $5 Acres 214266 SF 151,443_SF 21e,317 SF M.ulu•Uaa Dewelop:wet is 4afre1 s4 sreeiukie the foliowieg :Litz by rae t per Swim 1.O$. Carom rtirl General Zone Det of dr OseteW Coady Zarrq RCN'beticxa Off Mesiesaktit Rutin Esustiiihrnert Veen Repair, Ts:::or Shop, Restaurant. Voa eutat Rat .t, Appy. arta Repel. B acl milli, Caine Sleep. Sim* No and t i F Dwelierii, G Shot, Mxhine Sbop, Misi-Sore, Ccnttattor Yard Geeetrei Service Establishment =Um: Lumbar Yard , Mawr Freight int met Storage Arxi rt!i Costar on i and Specs! Uses as awevo4 by Carty Rtsotateen 1`l1L1 1 rlri. r w +� r �1r Phi 1.- 7 s u I �'''►rrrrlt�t��i WE$ThRN1Lor ftaITclip f'1 fN f 111. J., I M1a a ItM1M *sit NU Fit 1/111 1/111001111 h 01117UN1 Junes, 2000 Caleb Couny Attn: Jeff Lourien 1098th St. Glenwood Springs, CO 811001 RE: Rowerllne Coat Estimate Dow Mr. Louden, Tna eellmate for all infest/whirs irnpro&err>enl9 reau red ror tria autdiviplan a $ i15,O0b as irxiionted in the Wan Commitment for ttrfir amount provided by First Mortgage investors, Lld if you have any questions please varlet Western S!cpe Oove opmrnt. Yours Macy Tniiy Western Slope Development CC rtx Erca:sures } SHERRY A. CALOIA. 11:rrt:RSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 June 16, 2000 Mark Bean Garfield County Planning Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Powerline Professional Park Subdivision' Dear Mark: RECEIVED JUN 1 9 2000 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Via Hand Delivery At the request of Western Slope Development Corp., we have prepared the enclosed Declaration of Covenants, Conditions, Restrictions and Easements for the proposed Powerline Professional Park Subdivision. The Covenants contemplate the formation of an unincorporated nonprofit Business Owners Association to manage the common responsibilities and expenses of the subdivision, including road maintenance, landscaping, maintenance of the fire protection system, and monitorin of water and wastewater tre. is ent obligations. We have attempted to address the various cR cerns articulated in the staff report • une 14, 2000. Please call e or John Barbee with any questions or conce i s you may have. Sincerely, , CALOIA & HGUP ', P.C. �.f Iftt 0 JVH/ja Enclosure cc: John. Barbee WSD-Bean-ltr-1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POWERLINE PROFESSIONAL PARR SUBDIVISION, GARFIELD COUNTY, COLORADO INTRODUCTION Declarant, as identified hereinbelow, is developing a nonresidential, planned business park subdivision known as Powerline Professional Park Subdivision ("Subdivision"). The real property that constitutes the land area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by this reference. It is Declarant's desire and intent to hereby subject the Lots within the Subdivision to certain covenants, conditions, restrictions and reservations for the benefit of the Subdivision in furtherance of its purposes. The covenants, conditions, restrictions and reservations set forth herein ("Declaration") shall bind and benefit the Declarant, its successors and assigns, and all persons or entities who become a grantee of one or more Lots within the Subdivision. Every Lot within Powerline Professional Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions and reservations, and the same shall constitute a general plan for the Subdivision, ownership, improvements, sale, use, and occupancy of the Lots therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision. ARTICLE I STATEMENT OF PURPOSE 1.01 General. The purpose of this Declaration is to ensure proper use and appropriate development and improvement of the real property that constitutes the Subdivision, so as to provide harmonious commercial development and promote the general welfare of the Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of such property. ARTICLE II DEFINITIONS 2.01 "Architectural Control Committee" (hereinafter sometimes referred to as "ACC") shall mean and refer to the committee defined in Article V below. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 2 2.02 "Association" means and refers to an unincorporated nonprofit association that shall be known as the Powerline Business Owners' Association, created by this Declaration for the benefit of the Subdivision. 2.03 "Declarant" shall mean and refer to Western Slope Development Corp., a Colorado corporation, and any successor entity or entities which succeed to ownership of all or substantially all of the Subdivision owned by Western Slope Development Corp. and at the time of such succession is/are designated by Western Slope Development Corp. as a successor Declarant hereunder, in a writing recorded with the Clerk and Recorder for Garfield County, Colorado. All successor declarants shall designate further successor declarants in accordance with this paragraph. 2.04 "Improvement" shall mean and refer to and include any and all structures and all appurtenances thereto of every kind and type, and all other physical changes upon, over, across, above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and facilities within rights of way adjacent to a Lot. This definition shall include, but shall not be limited to, the following facilities and activities, whether of a permanent or temporary nature: buildings, outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads traffic control devices and signs, driveways, bikeways, access roads, loading areas, signs, canopies, awnings, trellises, fences, lawns, landscaping (including landscaping of balconies, plaza, and other portions of buildings), plazas, patios, recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety devices and bridges, construction trailers and other temporary construction buildings, screening walls, retaining walls, stairs, decks, benches, and other exterior furniture, hedges, windbreaks, plantings, planted trees and shrubs, poles, exterior air conditioning, water softener fixtures or equipment, aerials, antennas, lighting fixtures, drainage structures, communications equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities, and color, texture, material, or other changes to any improvement; provided that with respect to such facility constructed (in behalf of or for a utility, such facility is included in this definition only to the extent it is above ground. "Improvement" as defined herein shall not include improvements, alterations or remodeling which are completely within the interior of a structure and which do not affect or change the exterior appearance of an improvement, are not visible from the outside and do not alter the permitted use of Lot as defined in Article 11I. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 3 2.05 "Lot" shall mean and refer to each of the lots within the Powerline Professional Park Subdivision as shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado, as said final plat may be amended from time to time. 2.06 "Maintenance" shall mean and refer to any activity or function that is necessary on an ongoing basis or intermittently for the purposes of: (a) maintaining and/or operating any vacant, unimproved land; and/or (b) maintaining and/or operating improvements before, during and after construction or installation of such improvements; and/or (c) for the purpose of enabling or facilitating the permitted use of any Lot. 2.07 "Owner" or "Lot Owner" shall mean and refer to the record owners, whether one or more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to any person or entity who holds an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant to an easement, right-of-way, or license that pertains to or affects a Lot or Lots; or the holder of water, mineral, air, or subsurface rights that may be located in, on, under, over, or appurtenant to, a Lot or Lots. 2.08 "Subdivision" shall mean and refer to the Powerline Professional Park Subdivision as described by land area on Exhibit A hereto and as shown on the final subdivision plat thereof recorded with the Garfield County Clerk and Recorder, as it may be properly amended from time to time. ARTICLE IH PERMITTED USES 3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed within the C/G Commercial General zoning district, of the Garfield County, Colorado, under the conditions set forth herein. 3.02 Notwithstanding anything herein to the contrary: (a) no use shall be permitted which is unlawful or unreasonably offensive by reason of hazardous odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of excessive danger of fire or explosion; and (b) the manufacture, storage, distribution, handling or disposal of materials which are defined as toxic or hazardous under federal, state or local law, or which are otherwise regulated under applicable law, shall be done only in strict compliance with all such applicable laws. WSD-Powerl ine covenants -I Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 4 ARTICLE IV POWERLINE BUSINESS OWNERS' ASSOCIATION 4.01 Purpose. The purpose of the Association is to administer and enforce the covenants, conditions and restrictions set forth in this Declaration, and to carry out the purposes herein stated and the functions necessary for the proper use and maintenance of all Lots within the Subdivision. 4.02 Organization of Association. Because of the minimal number of lots within the Subdivision, it is the Declarant's intent herein to promote simplicity in the administration of the Subdivision, these covenants, and the furtherance of the Lot Owners' common interests. To that end, the Association is hereby established as an unincorporated nonprofit association within the meaning of the Uniform Unincorporated Nonprofit Association Act, C.R.S. §7-30- 101, et seq. The Lot Owners or their designated representatives (as defined below) shall function as the governing body of the Association, similar to a board of directors of a corporation. Nothing in this Declaration shall be construed to prohibit the Association from voting in the future to amend this Declaration and incorporate the Association or convert to a some other form of nonprofit entity, if to do so is in the best interests of all Lot Owners. 4.03 Members. By accepting a deed to a Lot, a Lot Owner becomes a member of the Association and consents to all terms and conditions set forth in this Declaration. For each Lot owned, the Owner shall appoint one natural person over the age of eighteen years to serve as such Lot Owner's designated representative to participate in meetings of the Association and cast the vote for the Lot. Nothing shall prevent a Lot Owner who is a natural person from designating him/herself as such representative. One vote in the Association shall be appurtenant to each Lot owned and may not be separated from Lot Ownership. When more than one person or entity is a record owner of a Lot, such record owners shall be collectively entitled to no more than one designated representative in the Association and one vote in the Association; votes may not be voted in fractions. When one person or entity owns more than one Lot, such person or entity may designate one representative to the Association for each Lot owned, or, alternatively, one representative to represent all Lots owned. A Lot Owner may change or substitute their designated representative for the Association at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the Association prior to such change. 4.04 Declarant Control; Designation of Representative Until the first sale of a Lot by the Declarant, the Declarant shall have the authority to act as and for the Association. Upon the closing of Declarant's sale of the first Lot, and for each Lot sold thereafter by the Declarant or successive Lot. Owners, the purchaser of each Lot shall designate in writing such WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 5 purchaser's designated representative to the Association and shall notify all other Lot Owners in the Subdivision. If for any reason at any time a Lot Owner fails to designate a representative for the Association in writing, such Owner shall do so within seven (7) business days of a request for designation from any other Owner or from the Association. The failure of an Owner to designate a representative shall not prevent the remaining members from conducting Association business in the absence of a designation, so long as a quorum is available. An Owner who persists in failing to designate a representative after being requested to do so by the Association may be ordered to do so upon application of the Association for a mandatory injunction issued by any court in Garfield County, Colorado, with jurisdiction to enforce these covenants and/or the Court may appoint a representative for such Owner for such time as the Court deems necessary. Nothing herein shall be construed as requiring the Association to seek a court-ordered representative if a quorum is otherwise available to conduct Association business. 4.05 Quorum; Voting. At any meeting of the Association, a quorum shall be established by the presence (in person or by telecommunication) of Lot Owners or their designated representatives sufficient to represent four votes in the Association. All decisions made on behalf of the Association on any matter before it, except as may otherwise be provided in this Declaration, shall require the affirmative vote of no less than three votes. A vote may be cast in person or by proxy or a similar writing signed by the record Lot Owner. 4.06 Authority. The Association is vested with all authority necessary to enforce the provisions of the covenants, conditions and restrictions set forth in this Declaration, to seek legal and/or equitable remedies for enforcement or breach hereof, to assess and collect assessments upon each Lot within the Subdivision for the purpose of meeting expenses associated with its duties and obligations as described herein, to delegate to a managing agent the proper administration of the affairs of the Association and the Lots within the Subdivision, and to contract with such persons or entities as necessary and appropriate to provide services to the Lot Owners for the benefit of the Lots. 4.07 Meetings. The Association may hold such meetings as the Lot Owners or their designated representatives deem necessary from time to time, in a manner reasonably calculated and upon such advance notice as to enable all Lot Owners or their designated representatives the opportunity to attend, either in person, by proxy, or by telecommunications. Meetings may be called upon written notice evidencing the assent thereto of three or more Lot Owners or their designated representatives, on such date and at such time as the requesting parties indicate. At each such meeting, a secretary shall be appointed to keep written or recorded minutes of the meeting. At the discretion of the attending Lot Owners or their representatives, a Chairman may be appointed to serve the Association in such manner or WSD-Powerline covenants-! Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 6 for such term as the members may determine, including signature authority on behalf of the Association. 4.08 Association Expenses; Annual Budget. The expenses of all services provided by the Association shall be shared by all Lot Owners equally. Each Lot Owner shall pay its share of all such expenses immediately upon demand thereof by the Association or its authorized agent. Failure to pay may be enforced as a breach of these covenants, including the Association's authority to record a lien against the delinquent Owners' Lot(s) as described in Section 7.07. At least once each year, the Association shall develop and approve a budget of anticipated expenses of the Association for the coming year, including but not limited to expenses associated with the Associations responsibilities for road maintenance, landscaping, operation and maintenance of the Fire Protection Pond and the water supply therefor, inspection and monitoring of the potable water systems and sewage collection system, and other Association responsibilities. The Association shall assess and collect from each Lot Owner an amount equal to one-eighth (1/8th) of the total budgeted expenses for the coming year. If, at the end of the year, after payment of all Association expenses, there remains a surplus in the Associations account, said funds may either be refunded to the Lot Owners in equal proportions or applied to the anticipated expenses of the Association in the following year, as determined by the Association. At any time the Association lacks the funds necessary to meets its expenses, it may make such additional assessments as it deems necessary in order to meet its obligations, provided however, that all Lot Owners shall be assessed equally. ARTICLE V ARCHITECTURAL CONTROL COMMITTEE 5.01 Design; Visual Appearance of Property. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished to optimize visual appearance and aesthetics. In particular, but without limitation, facades and other exterior aspects of structures and improvements that are visible from one or more public highways adjacent to one or more Lots (including adjacent streets, drives, roads and/or public rights of way), shall be designed, built and maintained with the objective of maximizing aesthetic attractiveness from the visual perspective of the passerby, both pedestrian and vehicular. The design standards set forth hereinbelow or as may be adopted hereafter shall be interpreted and applied to serve such intent. 5.02 Architectural Control Committee. (a) To assure the fulfillment of the intent stated above in section 5.01, an Architectural Control Committee ("ACC") is hereby established for the benefit of all Lot Owners. The ACC shall review and approve all site and building plans and specifications for all Improvements to assure compliance with the principles WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 7 set forth in this Declaration. The ACC shall take into account not only the aesthetics of the architectural and construction aspects of the development of the Subdivision, but also its continued maintenance, improvement and beautification. (b) The ACC shall consist of the Lot Owners' or their designated representatives to the Association. In other words, the ACC shall function as a "committee of the whole" of the Association. For example, if there are eight designated different Owners of the eight Lots in the Subdivision, and each Lot Owner has designated one representative for the Association, the ACC shall consist of those eight representatives. A person or entity owning more than one Lot may designate one representative for each Lot owned or, alternatively, one representative for the aggregate of Lots owned, but in any case there shall be no more than one vote allowed per Lot. A Lot Owner may change or substitute their designated representative to the ACC at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the ACC prior to such change. The Declarant shall serve as the ACC until the date of closing on the sale of the first Lot in the Subdivision; thereafter, the Declarant shall have one vote for each Lot retained by Declarant until all Lots are sold by it. (c) A Chairman shall be designated by the members of the ACC by majority vote. The Chairman shall conduct meetings and shall provide for reasonable notice to each member of the ACC prior to ACC meetings, setting forth the place and time of said meetings, which notice may be waived. The person elected Chairman shall serve in such capacity for a term of one (1) year or until such earlier time as he or she resigns as Chairman or a successor has been elected or appointed. The members of the ACC may also appoint any regular member of the ACC as Acting Chairman to perform the duties of Chairman. 5.03 Adoption of Standards. The ACC is authorized but not required to promulgate, adopt, and amend design standards consistent with these covenants and additional to those set forth in Article VI, specifying in detail the type and form of information that must be submitted for ACC review and approval. A current copy of the adopted, written design standards, if any, shall be furnished to each Lot Owner upon written request. 5.04 Applications for Review Pans and Specifications: No improvements shall -be constructed, erected, placed, altered, maintained or permitted on any Lot until plans and specifications with respect thereto in manner and form satisfactory to the ACC showing the proposed improvements, plat layout and all exterior elevations, materials and colors, signs and landscaping, traffic design, number and size and layout of parking spaces, grading, easements and utilities, proposed building use and number of employees, and such other information as may be requested by the ACC, have been submitted to and approved in writing by the ACC. Such plans and specifications shall be submitted in writing over the signature of the Owner of the Lot or the Owner's authorized agent, with copies furnished to each ACC member. Large WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 8 scale maps, blueprints and plans need not be copied for submittal to each member, but may be deposited concurrently with the Chairman of the ACC or, if the chairmanship is in doubt, deposited with another ACC member, with written notice to all other ACC members identifying with whom such materials were deposited. The ACC is authorized to establish a reasonable fee to be charged Lot Owners seeking review by the ACC to reimburse (but not compensate) members of the ACC for expenses incurred in reviewing applications and to pay for such professional or other assistance as the ACC deems necessary to assist it in reviewing applications. Such review fee shall be set forth in writing upon request by any Owner. Until receipt by the ACC of all required plans and specifications and other information required to be submitted as specified herein or in design standards hereafter adopted, the ACC may postpone review of any submittal for approval; provided, however, the ACC shall provide to the applicant in writing, within thirty (30) days of such postponement, a statement of all additional materials to be furnished by the applicant for the ACC to commence such review. 5.05 Voting. The affirmative vote or written consent of the ACC shall be as provided above in Section 4.05 for voting by members of the Association. 5.06 Delegation. The ACC may delegate all review functions established herein to one or more qualified professional(s) selected by the ACC, but shall not delegate the authority to promulgate design standards nor delegate final voting authority. 5.07 Exceptions. Alterations or remodeling which are completely within the interior of a building and do not affect the exterior appearance and are not visible from the outside shall not require ACC approval. 5.08 Approval Criteria Generally. Approval shall be based, among other things, on adequacy of building site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring buildings, operations and uses, and the visibility of and access to a proposed structure; relation of topography, grade and finished ground elevation of the building site being approved to that of neighboring building sites; and conformity of the plans and specifications to the purpose and general plan and intent of these covenants. The ACC shall not arbitrarily or unreasonably withhold approval of plans and specifications. 5.09 Review and Approval. (a) The ACC shall respond in writing to all applications for review and approval made in accordance herewith within forty-five (45) days of receipt thereof. If the ACC fails to approve or disapprove submittals within forty-five (45) calendar days after the same have been submitted, it shall be conclusively presumed that the ACC has approved the submittal, provided, however, that, if within said period the ACC provides written notice to the applicant that additional time is required for review, there shall WSD-Poweriine covenants -4 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 9 be no presumption of approval until the expiration of such additional period of time as is set forth in the notice, such additional period of time not to exceed thirty (30) days. (b) The ACC shall respond in writing to the submittal in one of the following ways: (1) Approval as submitted. (ii) Approval with conditions. (iii) Deferral of action pending receipt and review of further information required by the ACC. (iv) Disapproval. (c) If approval is denied, the ACC shall furnish the applicant or its authorized agent with a written statement setting forth the reasons. Approval by the ACC shall extend to the design concepts and plans presented, but not necessarily to design details. Each applicant is responsible for ensuring that all design details and actual construction conform to the approved concepts and plans and to all applicable governmental authority and other land use requirements and restrictions. Decisions of the ACC shall be conclusive and binding on all interested parties. 5.10 Certificate of Compliance. Upon written request of any Owner, mortgagee, prospective Owner, tenant or prospective tenant of a Lot, the ACC shall issue an acknowledgment in recordable form, signed by the Chairman or Acting Chairman, setting forth generally whether said Owner is in violation of any of the terms and conditions of these covenants known to the ACC. Said written statement shall be conclusive upon the ACC in favor of the persons who rely thereon in good faith. Such statement shall be furnished by the ACC within a reasonable time, but not to exceed thirty (30) days from the receipt of a written request for such written statement. In the event the ACC fails to furnish such statement within said thirty (30) days, it shall be conclusively presumed that said Lot is, to the best of the ACC's knowledge, in conformity with all of the terms and conditions of these covenants. 5.11 No Waiver of Future Approvals. The approval or consent of the ACC to any plans or specifications for any Improvement or use of a Lot in connection with any matter requiring the approval or consent of the ACC, shall not be deemed to constitute approval of, or a waiver of the right of the ACC to withhold approval or consent to any other plans or specifications for that Improvement or Lot use, or any plans or specifications for any other Improvement or Lot use, or any other matter whatever subsequently or additionally submitted for approval or consent by the same or a different person. WS37-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 10 5.12 Obligations with Respect to Zoning and Subdivision. All Improvements and uses of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. The ACC shall have the right to withhold its approval of any submittal if the proposal would result in the violation of, or would be inconsistent with, zoning, land use or subdivision regulations or conditions, or if the Lot Owner has otherwise failed to comply with these Covenants. 5.13 Declarant Not Liable. Declarant shall not be liable for any damage or loss to person or property claimed to arise on account of: (a) The approval or disapproval of any plans, drawings or specifications; (b) The construction of any improvement, or performance of any work, whether or not pursuant to approved plans, drawing or specifications; or (c) The development of any lot within the Subdivision. 5.14 Construction Commencement. No Improvement of any kind shall be commenced on any Lot until the provisions of this Article V have been met to the satisfaction of the ACC or waived in writing by the ACC. If any Improvement is erected, placed, or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the ACC pursuant to the provisions of this Article V, such alteration, erection, placement, maintenance, or use shall be deemed to have been undertaken in violation of these Covenants and, upon written notice from the ACC or the Association, any such Improvement so altered, erected, placed, maintained, or used upon any Lot in violation hereof shall be removed or altered so as to conform to these Covenants, and any such use shall cease or be amended so as to conform hereto. If removal or alteration is not accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to enforcement as provided for herein and as may otherwise be permitted by law. 5.15 Proceeding with Work. Upon receipt of written approval from the ACC, the applicant to whom approval is given, shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one (1) year from the date of approval, and if not so commenced approval shall be deemed revoked unless the ACC, pursuant to written request made and received prior to the expiration of said one (1) year, extends in writing the period of time for commencement of work, which extension may be granted at the discretion of the ACC. For purposes of this Declaration, the term "commencement of work" shall mean, if the WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 11 improvement is a building, the completion of foundation, and, if the improvement is not a building, the expenditure of twenty percent (20%) of the proposed budget for the improvement. All new Improvements approved by the ACC shall be completed on or before twelve (12) months from the commencement of the work; all repairs or alterations of Improvements shall be completed within three (3) months of commencement. For purposes of this Declaration, completion of the work shall mean issuance of a permanent certificate of occupancy. 5.16 Modification or Waiver of Submission Requirements. The ACC, in its sole discretion, may waive or excuse compliance with all requirements for submittals as set forth herein and/or in design standards adopted hereafter, if the ACC determines in writing that some or all of the information or materials required are not necessary or appropriate in specific situations, and in such situations the ACC may establish and permit compliance with different or alternative submittal requirements that are set forth in writing with the reasons for such modification or waiver. 5.17 Additional Submittal Requirements. In addition to the foregoing submittal requirements, the ACC may promulgate and adopt, as part of the ACC design standards, additional submittal requirements not inconsistent with these covenants. Such requirements may include, but are not limited to, submission of sketch plans and construction drawings at various stages, and may establish periods of validity for approvals of submissions. The ACC may delegate to its staff and/or consultants the authority to preliminarily approve or disapprove submittals, provided that the application shall be deemed approved only upon action of the ACC. ARTICLE VI CONSTRUCTION AND DESIGN STANDARDS 6.01 Construction Standards. Construction or alteration of any Improvement(s) shall meet the standards set forth in these covenants and shall promptly and diligently be completed in accordance with pians and specifications approved by the ACC. For the purposes of these covenants, when a construction material is specified herein, another material may be used in lieu thereof, provided such material is determined by the ACC to be equivalent or superior to the specified material. 6.02 Finishes. All buildings (including parking garages) shall have exterior walls (including rear walls) of face brick, stone, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. If exterior walls are concrete they must have a WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 12 sandblasted, bushhammered or exposed aggregate finish. No building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel except where necessary to maintain corporate or business identity (in which event the extent and impact of the coverage will be limited to cosmetic identification needs). Where an Owner proposes to substitute a material that is equivalent to the finishes specifically permitted above in this Section 6.02, the ACC will review such alternative finish and make a determination of its acceptability. In the event the ACC determines such alternative material is acceptable, then such alternative material shall be permitted to the extent provided in the plans and specifications with respect thereto approved by the ACC. Metal roofing shall be of a permanent finish type, where natural galvanized type finishes are prohibited. All exterior finishes shall be designated in the plans and specifications submitted to the ACC. 6.03 Sidewalks. Sidewalks of design standards and in locations approved by the ACC or otherwise required by the County shall be maintained by each Owner. 6.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed shall be landscaped in accordance with landscape plans approved by the ACC. The ACC may require additional tree and/or shrub planting to achieve adequate screening. An irrigation system approved by the ACC shall be installed in all landscaped areas. Landscaping in accordance with the plans and specifications approved by the ACC must be installed within thirty (30) days following the occupancy of any Improvement on a Lot. This period may be extended by the ACC in the event of delays caused by adverse weather conditions including, without limitation, seasonal conditions unfavorable for planting, or other causes beyond the reasonable control of the Owner. 6.05 Screening. All service areas shall be screened from public view by screens,. landscaping, walls, fences or other devices, as approved in writing by the ACC. Without limitation of the foregoing, all trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures which shall not be visible from any dedicated street. Where reasonably possible, truck doors shall not face a public street. All landscaping material used for purposes of screening shall be in compliance with ACC approvals. Service areas shall be screened as required by the ACC, and shall be contained on fully -improved site areas consisting of reinforced concrete paving areas with integrated, internal, sub -surface drainage systems in compliance with prevailing codes and regulations. Where reasonably possible, rear service entrances to Improvements shall be screened from the view of sidewalks or public thoroughfares. 6.06 Illuminations. Overnight security type lighting, and lighting of parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spill or glare onto adjacent Parcels. WSD-Powerline covenants -i Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 13 6.07 Utilities. All pipes, conduits, cables or lines for water, gas, sewage, steam, electricity, telephone or any other energy or service serving any Lot from any main trunk line or easement shall be installed and maintained below ground, unless otherwise approved in writing by the ACC. 6.08 Grading and Drainage. Surface drainage on each Lot shall be collected on site and connected to underground or above ground storm drain structures. The plans and specifications for Improvements on any Lot shall reflect the grading, drainage, site stabilization, plumbing system, paving and curb cuts on or for such Lot. 6.09 Utility Lines and Antennas. Sewer, drainage or utility lines or wires or other devices for the communication or transmission of electrical current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained either within buildings or structures or in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures unless approval for such construction, placement or maintenance above ground is obtained by the Owner from the ACC. No antenna or microwave dish for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any building or other improvements within the subject property unless the consent of the ACC shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of Improvements on the subject property. 6.10 Signs. All signs shall conform with written sign standards adopted by the ACC and all applicable codes, laws and governmental regulations. ARTICLE VII MAINTENANCE AND OPERATION ACTIVITIES - CRITERIA 7.01 Construction Period. During construction of any Improvements, supplies and equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from plants infested with noxious insects or plant diseases and from weeds which are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which may cause danger of fire. 7.02 Site and Building Maintenance. All Owners shall at all times keep their premises, buildings, Improvements, and appurtenances including parking areas in a safe, WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 14 clean, and neat condition; shall remove, replace, or repair all such items or areas not in such condition; and shall comply in all respects with all government, health, police and safety requirements and with such maintenance standards as may be established by the Association. Each Owner shall remove at its own expense at least once a week all rubbish or trash of any character that may accumulate on its property and shall keep unimproved areas maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. Site and building maintenance as described in this Section 7.02 is additional to shared maintenance of access easements as set forth in Article Xl. 7.03 Landscape and Grounds Maintenance. All landscaping or unimproved ground on all Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall include, but not be limited to, mowing, trimming, adequate irrigation, replacement of dead, diseased, or unsightly landscaping, removal or control of weeds from planted areas, and appropriate pruning of plant materials. 7.04 Additional Maintenance and Operation Activity. In addition to the foregoing maintenance and operation activity standards, the ACC may promulgate and adopt, as part of ACC design standards, additional maintenance and operation activity criteria that are not inconsistent with the criteria set forth in this Article and that implement the purposes of these covenants. 7.05 On -street Parking. No parking shall be permitted on any platted access drive or easement as shown on the final plat of the Subdivision or at any location other than the paved parking spaces approved for a Lot, unless otherwise specifically approved in writing by the ACC. Each Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees and guests. Owners or users of vehicles parked in violation of this provision shall be subject to the sanctions provided by governmental ordinance, if any, that prohibit or restrict such parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be subject to removal at the Lot Owners' expense at the direction of the Association or ACC or any of its representatives, 7.06 Variances. The ACC may authorize variances in compliance with any of the maintenance and operation activity criteria set forth in this Declaration or in any additional criteria promulgated and adopted as part of the ACC design standards when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the ACC. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 15 7.07 Remedies for Failure to Maintain and Repair. (a) Remedies. If an Owner or its tenant(s) fails to perform the maintenance and repairs required by these covenants or the Association, then the Association, after fifteen (15) days prior written notice to the Owner, shall have the right but not the obligation to perform such maintenance and repair and to charge said delinquent Lot Owner with the cost of such work together with the interest thereon at the maximum statutory rate from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by Owner. If the delinquent Owner fails to reimburse the Association for such costs within ten (10) days after demand therefor, the Association may vote to approve the recording of a lien therefor, and upon approval may file for record in the office of the Clerk and Recorder for Garfield County, Colorado, a notice of lien signed by an authorized representative of the Association for the amount of such charge together with interest thereon, which notice shall contain: (1) a statement of the amount unpaid and the interest accrued thereon; (2) a legal description of the property owned by the delinquent Owner; and (3) the name of the delinquent Owner. Such notice of lien shall be effective to establish a lien against the interest of the delinquent Owner in the Lot(s) together with interest at the maximum statutory rate on the amount of such advance from the date thereof, administrative fees, recording fees, cost of title search obtained in connection with such lien and the foreclosure thereof, and court costs and reasonable attorneys fees that may be incurred in the preparation and enforcement of such a lien. All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner to the Association. (b) Foreclosure of Lien. A lien, when so established as provided above, shall be prior and superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached subsequent to the time of filing such claim for record. Any such lien shall be for the benefit of the Association and may be enforced by foreclosure, in like manner as a mortgage on real property is foreclosed under the laws of the State of Colorado. In any such foreclosure, the delinquent Owner shall be required to pay all Association costs and reasonable attorneys' fees in connection with the preparation and filing of the notice, as provided herein, and all costs and reasonable attorneys' fees incurred by the Association in connection with the foreclosure. The Association shall notify all mortgagees of record of the Lot, if such encumbrance contains an address. All unpaid amounts shall also be the personal and direct obligation of the Owner thereof and reasonable attorney's fees and costs as aforesaid for such unpaid amounts may be brought without foreclosing or waiving the lien securing same. The Association shall have the power to bid on the liened property at any foreclosure sale, and to acquire, lease, mortgage and convey the same. (c) Cure. If the reason for which a notice of lien has been recorded is cured, the Association shall promptly record a release of such notice, upon payment by the delinquent WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 16 Owner of the costs of preparing or recording such release, and such other reasonable costs, attorneys' fees, interest or expenses as have been incurred by the Association. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclosure thereunder shall be in addition, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid amounts due. ARTICLE VIII LIMITATION OF LIABILITY 8.01 No Individual Liability. Neither the Association, nor any member thereof or of the ACC, nor any agent or employee or representative of the Association shall be liable to any Owner or other person or entity for any action or failure to act with respect to any matter coming before the Association, if the action taken or failure to act was made in good faith and without willful or intentional misconduct. The Association shall indemnify and hold harmless all members, agents, employees and Association representatives from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or settlement of any action arising out of or claimed on account of any act, omission, error or negligence of such person or of the Association or the ACC, provided such person acted in good faith and without willful or intentional misconduct. 8.02 No Association Liability. The Association shall not be held liable for injury or damage to person or property caused by the condition of any Lot or by the conduct of specific Lot Owners or their tenants, agents, employees and other representatives. ARTICLE IX MINING 9.01 Subject to reservations of record prior to this Declaration, no oil, natural gas, petroleum, sand, gravel, or other mineral substance shall be produced from any well, mine, or shaft located upon, in or under the Lots; no derrick or other structure designed for use in or used for boring or drilling for oil, or natural gas shall be permitted upon or above the surface of the Lots. WSO-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 17 ARTICLE X WATER AND SEWER 10.01 Water Supply. The potable water supply for the Subdivision shall be provided by three wells, to be shared as provided in this article. WATER SUPPLY FOR LOTS 1, 2 AND 8 10.01.01. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as "Well No. 3")has been constructed on the southerly portion of Lot 2 and operates pursuant to Colorado Division of Water Resources Well Permit No. 053267-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of the Well is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a). The owners of Lots 1, 2 and 8 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 3, the well permit, pump, meter, and associated facilities for the withdrawal of water Iocated at the Well. Each Lot owner shall be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 3 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owners of Lot 1 and Lot 8 are hereby granted perpetual and non-exclusive easements over and across Lot 2 for the installation, use, maintenance, repair, service and replacement of Well No. 3 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lots 1 and 8, respectively, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 18 established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.02. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 3, the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 1, 2 and 8. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 1, 2 and 8 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the Well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.03. Use of Water. The owners of Lots 1, 2 and 8 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 3 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from Well No. 3 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 3 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. 10.01.04. Installation of Facilities. The owners of Lots 1, 2 and 8 may install a power source, meter, pipelines and other facilities in and to Well No. 3 to serve their respective Lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to WSU-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 19 existing facilities that may be caused by connecting thereto. WATER SUPPLY FOR LOTS 3, 4 AND 5 10.01.05. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 2") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 053268- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of Well No. 2 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908093RK(a). The owners of Lots 3, 4 and 5 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 2, the well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each Lot owner shall be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 2 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 3 is hereby granted a perpetual and non-exclusive easement over and across Lots 4 and 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 3, such easement being no more than twenty (20) feet in width. The owner of Lot 4 is hereby granted a perpetual and non-exclusive easement over and across Lot 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 4, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to WSD-Powerl ine covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 20 interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.06. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 2, the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 3, 4 and 5. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 3, 4 and 5 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 2 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.07. Use of Water. The owners of Lots 3, 4 and 5 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 2 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from Well No. 2 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 2 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. 10.01.08. Installation of Facilities. The owners of Lots 3, 4 and 5 may install a power source, meter, pipelines and other facilities in and to Well No. 2 to serve their respective Lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 21 WATER SUPPLY FOR LOTS 6 AND 7 AND FOR FIRE PROTECTION 10.01,09. Ownership of Well and Appurtenant Facilities: Easements or Pipelines. A water well (referred to herein as the "Well No. I") is ermitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 052691- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of two (2) acre feet per year for drinking and sanitary purposes inside commercial businesses and for fire protection purposes. ! - , tion of Well No. 1 is dependent upon maintenance of West Divide a Conservancy District Water Allotment Contract No. 990612RK(a). The owner of Lot 6 and the owner of Lot 7 and the BOA each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 1, the well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well, provided, however, that the owners of Lot 6 and Lot 7 shall each be entitled to the withdrawal and use of up to 0.33 acre feet annually from Well No. 1 and the BOA shall be entitled to withdraw and use up to 1.33 acre feet annually from Well No. 1 for fire protection purposes. The owners of Lots 6 and 7 shall each be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 1 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 7 is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 7, such easement being no more than twenty (20) feet in width. The BOA is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of Well No. 1 and delivery of water to the Fire Protection Pond, located as shown on the plat for the Subdivision, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will WSD-Powerline covenants -1 «"J") J— cierer k Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 22 cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.10. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 1 , the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 6, 7 and the BOA. Such costs shall be allocated one-third to each Lot owner and one-third to the BOA, except that each party shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such party, including individual service lines and storage tanks. The owners of Well No. 1 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 1 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.11. Use of Water. The owners of Lots 6 and 7 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 1 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. The BOA shall be entitled to use up to 1.33 acre feet annually of water from Well No. 1 for the purpose of filling and maintaining the water level in the Fire Protection Pond. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of Lots 6 and 7 and the BOA shall be entitled to use so much of the water from Well No. 1 (up to their limit) as needed so long as diversions from Well No. 1 at no time exceed 15 g.p.m. and total annual diversions do not exceed 2.0 acre feet. If, from time to time, Well No. 1 does not provide water at the rate of 15 g.p.m., each Lot owner shall WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 23 be entitled to its pro -rata share of the available water. 10.01.12. Installation of Facilities. The owners of Lots 6 and 7 and the BOA may install a power source, meter, pipelines and other facilities in and to Well No. 1 to serve their respective Lots and the Fire Protection Pond. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 10.02 Conservation. Declarant recognizes that water is scarce in Colorado and desires to promote water conservation practices wherever practicable throughout the development of the Lots. To that end, Owners and their agents are encouraged to meet as early as possible with the ACC to determine the best possible use of water conservation methods for the Owner's particular proposed Improvement(s) including, but not limited to, placement of Improvements on the Lot, use of native or drought -tolerant grasses to minimize the need for irrigation and the use of water conservation devices within the Improvements. 10.03 Fire Protection. A water supply for fire protection purposes within the Subdivision is provided by a Fire Protection System comprised of a Fire Protection Pond located at the north end of the access road as shown on the Subdivision plat, water lines, hydrants and other related facilities. The water supply for the Fire Protection Pond shall be provided from Well No. 1, as described in sections 10.01.09 - 10.01.12, herein. The Association shall be responsible for maintaining the Fire Protection System, including but not limited to filling and maintaining the Fire Protection Pond, at all times. 10.04 Potable Water Treatment Monitoring. To the extent that reverse osmosis or other water treatment systems are required to be installed for improvements on each Lot, the Association shall annually inspect the condition of each such system within the Subdivision to ensure that each such system is functioning properly to supply potable water to such improvements. If required by the Association, a Lot Owner shall make such repairs or improvements to the water treatment system as are necessary to provide potable water. 10.05 Sewage Collection. Sewage treatment service is provided to each Lot within the Subdivision pursuant to an Agreement with Wastewater Treatment Services, LLC. No non- domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be in compliance with this and all other applicable provisions of said Agreement, as the same may be from time to time amended. The Association shall be responsible for monitoring the terms of and compliance with the requirements of said Agreement. WS D-Powerl i ne covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 24 ARTICLE XI EASEMENTS FOR ACCESS AND UTILITIES 11.01 Access. The Declarant hereby reserves, grants and establishes for the benefit of each Lot and all Lots within the Subdivision a nonexclusive, common and perpetual easement for ingress and egress over and across such Lots as are burdened with the access road as shown on the final plat of the Subdivision. 11.02 Utilities. The Declarant hereby establishes for the benefit of each Lot and all Lots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The location of such easements shall be in conformity with the final plat for the Subdivision, these covenants, and the approval of the ACC. 11.03 Maintenance of Easement Areas; Shared Expenses. The Association is authorized to retain, hire or otherwise contract with one or more persons or entities, from time to time and as needed, to service, maintain, repair and improve the access road and right of way described on the final Subdivision plat, provided, however, that Declarant shall bear the cost of initial construction of any extension of said access road beyond Lots 1, 2 and 8. Services for which the Association shall be responsible shall include, without limitation: snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as well as landscaping within the Landscape, Utility and Drainage Easement along Highway 6, as shown on the final Subdivision plat. ARTICLE XII INSURANCE; EMINENT DOMAIN 12.01 All Owners shall keep and maintain fire and casualty insurance upon all Improvements upon their Lots to the full insurable value thereof, as well as public liability insurance and such other lines of insurance as may be necessary and proper to insure the risks associated with the activities upon an Owners' Lot. Each Lot Owner shall name the Association as an additional insured on all casualty and public liability insurance policies maintained for a Lot. 12.02 If there is a complete taking of a Lot by any governmental body, then the Owner of such Lot shall be excused from obligation under these covenants subsequent to the taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no effect upon such Owner's rights and obligations hereunder. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 25 ARTICLE XIII TERM AND AMENDMENT 13.01 Term. This Declaration, including all the covenants, conditions, and restrictions hereof, shall run with and bind all property and interests therein that are a part of the Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically from year to year unless sooner amended or terminated as hereinafter provided. 13.02 Amendment. This Declaration may be amended or terminated by an instrument executed and acknowledged by each record Owner, evidencing the approval by four votes in the Association (based upon one vote per Lot) and recorded with the Clerk and Recorder of Garfield County, Colorado. Amendments made pursuant to the provisions of this Article shall inure to the benefit and be binding upon all property and interests therein that are part of the Subdivision. A certificate of a title insurance company qualified to do business in the State of Colorado or a licensed abstract company showing record Ownership of the land shall be conclusive evidence of such Ownership and status for voting purposes. ARTICLE XIV ENFORCEMENT 14.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association acting for itself or on behalf of all Owners. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint irrevocably the Association as his or its trustee for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained shall give to the Association and to the Owners, or any of them, the right to bring proceedings at law or in equity against the party or parties violating or intending to violate any of the said covenants, conditions, restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such covenants, conditions, restrictions, and reservations shall give to the Association acting as the trustee the right to enter upon the premises on which the violation is occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof. Every act, omission to act, or condition that violates the covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to the Owners and the Association. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 26 In any such action to enforce these covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. Such remedies shall be cumulative and not exclusive. The failure of the Owners or the Association to enforce any of the conditions, covenants, restrictions, or reservations herein contained shall in no event be deemed a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions, or reservations, and the Owners or the Association shall not be liable therefor. ARTICLE XV MISCELLANEOUS PROVISIONS 15.01 Severability; Construction. Invalidation of any of these covenants or any provision hereof by a court of competent jurisdiction shall not affect any of the other provisions hereof which shall remain in full force and effect. 15.02 Government Regulations. If an applicable county, municipal, or other governmental regulation, rule, code, ordinance, or law is more restrictive in any respect than these covenants, it shall supersede these covenants and govern at all times. 15.03 Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit, or describe the scope and intent of the particular paragraphs to which they refer. 15.04 Notice. Any notice required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall be directed as follows: If intended for a Lot Owner or their designated representative, then: (1) to the mailing address furnished by the Lot Owner to the members of the Association; or (2) if no mailing address has been specifically furnished by a Lot Owner to the members of the Association, then to the Lot itself if the Lot is improved and occupied by the Lot Owner; or (3) if the Lot is unimproved or not occupied by the Lot Owner, then to the mailing address of record for the Lot Owner maintained in the records of the Garfield County Assessor. 15.05 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. 15.06 Incorporation of Plat Notes. All notes, terms and conditions set forth on the recorded Final Plat of the Subdivision are incorporated herein by reference. To the extent a WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 27 conflict arises between these covenants and the notes, terms and conditions of the final plat, the notes, terms and conditions of the final plat shall control. 15.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth in this Declaration shall run with the land described in Exhibit "A," such being all of the Lots within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, be binding upon, and enforceable at law or in equity, as set forth hereinafter, by the Declarant, its successors in interest and grantees, each Owner and his or its successors in interest and grantees, and the Association acting on behalf of all Owners. 15.08 No Public Dedication. Unless otherwise expressly stated herein, nothing herein shall constitute or be construed as a dedication for the public. IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions and Restrictions for the Powerline Professional Park Subdivision this day of , 2000. WESTERN SLOPE DEVELOPMENT CORP. a Colorado corporation By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 2000, by in his capacity as Slope Development Corp., a Colorado corporation, the Declarant. day of of Western Witness my hand and official seal. My commission expires: Notary Public WSD-Powerline covenants -1 BOCC 06/19/00 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan review of the Powerline Professional Park Subdivision. APPLICANT: Western Slope Development Company. ENGINEERS: High Country Engineering, Inc. PLANNERS: SK Collaboration. LOCATION: A parcel ofland situated in Section 11, T. 6S., R. 93W., of the 6th P.M.; located on Highway 6/24, approximately 1/4 mile east of Rifle. SITE DATA: 29.510 acres. WATER: 3 shared Wells. SEWER: Central System (Cottonwood Springs Mobile Home Park System) ACCESS: Highway 6/24. ZONING: Commercial General (C/G). ADJACENT ZONINQ: East: C/G West: RIGISD, C/G North: All South: All I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel of land is located in District 13 (Subdivisions/Rural Serviceable Areas), of the Garfield County Comprehensive Plan, 1984. The parcel is also included within the City of Rifle Comprehensive Plan area, 1998, which designates the property as County Industrial. 1 II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located approximately 1/4 mile east of Rifle, on the north side of Highway 6/24, directly east of the Cottonwood Springs Mobile Home Park. The site is flat, with slopes less than 1 % o, with an overall elevation difference of 15 feet from the north to south property lines. The site is undeveloped other than the power lines as indicated on the submitted Preliminary Plan. The site consists of an open field with ricegrass, wheatgrass, junegrass, servicebeny and big sagebrush, with wheat and a minor infestation of Musk Thistle. B. Development Proposal: The applicant is proposing to subdivide the tract into a total of 8 commercial lots on the 29.510 acre parcel. The lots range in size from 2.819 acres to 5.716 acres with an average lot size of 3.69 acres. Water is to be supplied by three wells through a well sharing agreement. Sewage disposal is to be through a central system (Cottonwood Springs Mobile Home Park System). Access will be via a public road/cul-de-sac of of Highway 6/24. III. REVIEW AGENCY/PUBLIC COMMENTS A. Colorado Division of Water Resources: In a letter dated June 6, 2000, (See p. 22), the Division of Water Resources comments state, "Our letter ofJune 5, 2000 (See pgs.23, 24), suggested that approval of the final plat be withheld until the amendment to the District Contract and the necessary well permits are approved. Discussion with Ms. Janet Maddock of the West Divide Water Conservancy District indicates that the amendment was approved upon signing of the application to amend District Water Allotment Contract/Lease No. 990612RK(a) by the District Vice President on May 16, 2000. Therefore, only the well permit remains to be approved." Staff notes that any and all required well permits will have to be approved prior to Final Platting of any phases. A copy of the approved amended District Water Allotment Contract/Lease No. 990612RK(a) was received by the Planning Department on June 7, 2000, from Janet Maddock of West Divide Conservancy District (See p. 25). B. City of Rifle: The City of Rifle commented on this application in a letter dated December 3, 1999 (See application submittal Appendix L), and stated that, "the City does not oppose this proposal and it would ask the County to consider the following concerns:" The City supports the creation of jobs and tax base in and around Rifle. The City would expect the County to take appropriate measures to 2 ensure that the effects of this development would create no short or long term damage to this area (visual, environmental, social, etc.) One speck concern of the City is that Rifle's primary domestic water intake is in close downstream proximity to this project, and this area has relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. • The City would request that as this parcel is developed the requirements of the Re Municipal Code, Title 17 and the Rifle Public Works Manual be followed. The City would expect at some date that this area be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City development standards. C. Colorado Department of Public Health and Environment: In a letter dated April 6, 2000, (See p.26) from the Department of Health, comments include, "We are able to waive the requirement that engineering and financial planning be commenced at 80% of rated design capacity." This is in response to an application by Mr. Schenk of the Cottonwood Springs Mobile Home Park to waive this requirement in order to connect Powerline Professional Park to the existing central sewer system. Thus, this waiver appears it will be granted. Since this letter, the applicant has received an amended certification for the Colorado Wastewater Discharge Permit System, which appears will allow the subject property to connect to the Cottonwood Springs Mobile Home Park central sewer system (See appendix H of the application submittal). D. Bookcliff Soil Conservation District: In a letter dated November 30, 1999 (See Appendix L of the application submittal), the Bookcliff Soil Conservation District responded with concerns about noxious weed control, and suggested that the subdivision applicant contact Garfield County Vegetation Management for proper weed control of noxious weeds on site. Further, the district stated: "Any cuts for roads or construction should be revegetated to prevent erosion." This will be a condition of any Final Plat approval. E. Garfield county Vegetation Management: Steve Anthony, of Garfield County Vegetation Management, responded to the application in a memorandum dated November 29, 1999 (See Appendix L of the application submittal), in which he states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax 3 and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, Schedule of treatment, Plans of followup, Name applicator that will do the work." This will be a condition of approval of any Preliminary Plan and must be addressed with any Final Plat submittal. This is necessary so that Garfield County Vegetation Management will have an opportunity to review the applicant's submittal and provide comments before Final Plat approval. Since this letter, it is staffs understanding, from the comments in Section M, Bookcliflf Soil Conservation District, of the applicant's submittal, and in conversations with the applicant, that many noxious weeds were originally identified on the site by mistake and in fact do not exist on the site. This needs to be clarified in writing by the applicant in any Final Plat submittal and reviewed by Garfield County Weed Management to determine an accurate account of any weeds which may be present on the subject property. Further, a weed management plan developed with respect to the weeds which are present must be submitted with any Final Plat submittal as discussed above. F. Colorado Geological Survey: In a letter dated November 17, 1999 (See pgs.27, 28), the Colorado Geological Survey responded, "...each building site should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with several specific mitigation measures to be followed under varying conditions. These will be conditions of any Final Plat approval. G. Public Service Company of Colorado: In a letter dated November 16, 1999 (See pgs. 29, 30), the Public Service Company of Colorado stated they have no material objection to the development, however, they pointed out some issues we may wish to discuss with the developer including: • Denoting the proposed utility installation within the proposed 60' access easement. ► ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. ► The fact that there is no distribution gas in Highway 6 & 24, and that if this development is to be served with natural gas, access would have to come from either County Road 210, to the north, or the Cottonwood Trailer Park to the west, depending on loads. ► Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and 4 operation of these facilities. • Finally, any requirements over and above the licensing agreement with Tri-State which may be required if facilities are placed within the proposed 60' right-of-way. These will be conditions of any Final Plat approval. With regard to the last issue, the applicant is proposing a 15' utility easement along the outside of the 60' right-of-way, and within the Tri-State easement which is not included in the existing Tri-State agreement. Thus, the Tri-State agreement needs to be revised to allow this utility easement within their easement. This is further discussed later in this report. Finally, easements for the proposed wells and sewer system connection are also located within the Tri-State easement which have not been addressed within the Tri-State agreement. Thus, the agreement needs to be revised to allow for the well and sewer connection easements as well. This is discussed in detail later in this report. A letter has been submitted to staff, dated June 1, 2000, from Tri-State (See p. 31) which indicates that the new proposal for a pond within the cul-de-sac has been approved by Tri-State as long as all conditions of the agreement with Tri-State are met. This will be a condition of any approval of this application. H. Garfield School District No. Re -2: Garfield School District No. Re -2 stated "At this time there are no concerns or comments.", in a letter dated November 9, 1999 (See Appendix L of the application submittal). I. Garfield County Sheriffs Department: The Garfield County Sheriff's Department has no concerns or comments, as stated in a letter dated November 10, 1999 (See Appendix L of the application submittal). J. title Fire Protection District: The Rifle Fire Protection District stated five recommendations for the proposal in a letter dated November 23, 1999 (See Appendix L of the application submittal): 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. These will all be conditions of any approval. 5 In a letter dated April 11, 2000, (See Appendix L of application submittal), the District states that they have reviewed the pond proposal for fire storage, "...and is comfortable with the proposal." The letter continues with recommendations to be met at Final Plat and various stages of the development of the subject property which will be conditions of any approval. Further, given the recommendation to determine sprinkler system needs (and other needs) at the building permit phase, a plat note must be included on any Final Plat which states, "Prior to building permit application with Garfield County, all building plans must be submitted to the Rifle Fire Protection District for their review and approval." K. Colorado Department of Transportation; CDOT has issued an access permit to the subject site, Permit No. 399164 with attached conditions (See application submittal). This permit (See condition 1 of permit) grants access to a "Land Development Office with estimated 10 ADTs, a 60,000 square foot warehouse, and necessary traffic for further development. This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement plan. The development schedule shall be prepared by a professional engineer certified in the State of Colorado." These will be conditions of any approval of this application. L. City of Rifle Attorney (Leavenworth & Tester. P.C., Attorneys at Law): In a letter dated December 16, 1999 (See p.32), as the City Attorney for the City of Rifle, the City Attorney states, "It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval." From this letter, the applicant was advised by staff, to look into this possible requirement for the purposes of Preliminary Plan review by the Board of County Commissioners. Since this first letter, a letter dated May 15, 2000 (See Appendix E of the application submittal), as the City Attorney for the City of Rifle, in a letter to John Barbie (the applicant), the City Attorney states, "...As you can see in SS 10.05.040(C), several activities trigger the need for a Watershed Permit other than construction or installation of sewage disposal systems. Please review these provisions in conjunction with the Powerline project and determine ifa Watershed Permit is required." Since this letter, the applicant has determined that a Watershed Permit is required and has applied for a Watershed Permit as stated in Section M, City of Rifle, of the application submittal. This requirement is discussed in more detail later in this staff report. M. Colorado Division of Wildlife: No comments were received. N. U.S. West Communications; No comments were received. 0. Emergency Management: No comments were received. 6 IV. MAJOR ISSUES AND CONCERNS 1. Water Supply; Since centralized municipal water is not currently available in the area, the applicant is proposing the use of three (3) wells to supply the eight (8) proposed commercial lots through a well sharing agreement. Thus, a well sharing agreement would have to be entered into for any Final Plat approval. The applicant is also proposing to use well number one (1), located on lot 6 to supply water to the proposed pond to be used for fire protection. In a letter dated June 6, 2000, (See p. 22), the Division of Water Resources comments state, "Our letter of June 5, 2000 (See pgs. 23, 24), suggested that approval of the final plat be withheld until the amendment to the District Contract and the necessary well permits are approved. Discussion with Ms. Janet Maddock of the West Divide Water Conservancy District indicates that the amendment was approved upon signing of the application to amend District Water Allotment Contract/Lease No. 990612RK(a) by the District Vice President on May 16, 2000. Therefore, only the well permit remains to be approved." Staff notes that any and all required well permits will have to be approved prior to Final Platting of any phases. A copy of the approved amended District Water Allotment Contract/Lease No. 990612RK(a) was received by the Planning Department on June 7, 2000, from Janet Maddock of West Divide Conservancy District (See p. 25). In an analytical report of the water supply for the proposed subdivision, submitted by the applicant, and completed by John C. Kephart & CO., Grand Junction Laboratories, there is a note which states, "Exceeds water supply limits for Sodium, Sulphate, Dissolved Solids and Hardness. The overall mineral salt content is too high for human drinking water; treatment would be needed before drinking. Softening alone will not correct this problem, Reverse Osmosis is recommended." In addition, in a letter received from Michael False, a Colorado registered engineer, with regard to water quality, he states that the water sample used contained high levels of dissolved solids. He further states, "Dissolved solids are routinely removed using available reverse osmosis systems. The water quality with proper treatment should pose no risk to human health." Without reverse osmosis systems the water is not potable, thus, these systems will be required for any approved application. To this end, any approved covenants for this development must include the need for annual monitoring of the required reverse osmosis systems of each lot/building to ensure that the systems are functioning properly to supply potable water to each and every huildingllot. This will be a condition of any Final Plat approval. The applicant has submitted contracts #99080912RK (a), #9908093RK(a) and #990612RK(a) from the West Divide Water Conservancy District as part of their water supply plan. All stipulations of these contracts must be adhered to by the applicant as a condition of any Final Plat approval. 7 Zoning: The subject property is zoned. Commercial General (CIG), Uses by right: Single-family, two family and multiple family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park; boarding and rooming house; hotel, motel, lodge; Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescents home; group home for the elderly. Office for conduct of business or profession, studio for conduct of arts and crafts, provided all activity is conducted within a building; Commercial establishments, as listed below, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automobile and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; Personal service establishment, including bank, barber or beauty shop; laundromat laundry or dry-cleaning plant serving individuals only; miniature golf course and Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation; General service establishment, including repair and service of automotive and vehicular equipment, vehicular rental, service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, mini -storage units, printing, publishing, plumbing, sheet metal and contractor's yard. General service establishment including lumberyard, motor freight depot and storage. Uses, conditional: Row house, home occupation; parking lot or garage as principal use of the lot. Plant for fabrication of goods from processed natural resources. Uses, special: Automotive service station or washing facility; camper park; mobile home park; communication facility, correction facility. Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water impoundments, storage, commercial park; utility lines, utility substations; recreational support facilities. Plant for processing natural resources and agricultural materials into food and beverages; communication facility, correction facility. Salvage yard, water impoundments, automobile racetrack and material handling; recreation support facilities. Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%). The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts. Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line for lots occupied by residential uses; seven and one-half (7.5) feet for lots with no residential occupancy; (3) Side yard: Ten (10) feet from side lot line or one half (112) the height of the principal building, whichever is greater. Maximum Height of Building. Thirty-five (35) feet. Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Minimum yard setbacks have not been identified on the submitted Preliminary Plan, these must be shown on any Final Plat submittal. In addition, no buildings can be constructed within the electric easements on the subject property, as such this should be clearly identified on any Final Plat submittal. The applicant has identified in the phasing plans, the proposed uses on the proposed eight (8) lots to be "Office, Mini -storage, Contractor Yard, General Service and Repair Establishment including; Lumber Yard and Storage". These uses are further discussed in the section of the staff report entitled Phasing Section 5.01.02 (3) of the Garfield County Zoning Regulation deals with Minimum Off -Street Parking. To comply with Section 5.01.02 (3) of the Zoning Regulations, off- street ffstreet parking must be supplied for retail and service commercial uses, at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area). For on - street parking to be allowed, the proposed access street must be designed in conformance with Subdivision Regulation 9:35 (7) Roadside Parking. Roads: Access to the subject property is proposed via an existing access point on Highway 6/24, where a public road approximately 600' in length with a cul-de-sac and pond for fire protection at the end will be built accessing each proposed lot. A Business Owner's Association will have to be formed to maintain this public road. The public road is also proposed to run through and parallel to two (2) existing power line easements owned by Tri-State Generation and Transmission Association, Inc. An access permit has been received from CDOT granting access to a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. This is outlined in condition 1 of the Access Permit which states: This permit allows the permittee access from US 6 to all lots in the parcel. Access is based upon a Land Development ice with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement plan. The development schedule shall be prepared by a professional engineer certified in the State of Colorado. These and all other conditions of the access permit will be conditions of any approval. The requirement of a development phasing schedule and a statement that this permit allows the permittee access from US 6 to all lots in the parcel does not change the fact that this particular access permit at this time only grants access to a Land Development 10 Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development. Thus, this access permit did not address the originally submitted application for 81ots to be approved without phasing. Thus, the applicant is now proposing to phase the development in three (3) phases. Phasing is discussed in more detail later in this staff report. The first phase is proposing to be limited to lots 1, 2, and 8 with a maximum of 20,000 building square footage. Since the access permit is for a maximum of 60,000 square feet and the proposed maximum building square footage is for a total of 60,000 square feet, no outdoor storage will be allowed on any of proposed lots 1, 2, and/or 8. This will be a condition of any Final Plat approval. Further, since the access permit states it is for warehousing only, the proposed uses of Office cannot be included as a use unless it is in connection with a warehouse and thus cannot stand alone as an office building; a Contractor yard would have to be completely within a building (no outside storage) because of the maximum building square footage proposed by the applicant and discussed above; General Service and Repair cannot be to the general public since that would not be considered a warehouse use; a Lumber yard which supplies goods to the general public is not allowed because that would not be considered a warehouse use, storage would be okay (completely inside as per Contractor yard above) as long as there is no sales to the public from that site. These will be conditions of any Final Plat approval. The Phase 1 map shows that only the eastern portion of the access road from the north boundary of proposed lot 2 to the north boundary of lot 8 will be included in phase 1. The entire portion of the access road in this area must be included in phase 1. This must be corrected for Final Plat submittal. The road frontage along proposed lots 1, 2 and 8 must be built to County Road standards per Section 9:35 of the Subdivision Regulations as part of Phase 1. Given the traffic analysis submitted by the applicant, the entire development would generate 1,761 ADTs. Since Phase 1 is for 3 of the total 8 lots this would equate to 37.5% of the generated traffic (3 divided by 8 equals 37.5%). Therefore, Phase 1 would generate 660 ADTs (37.5% multiplied by 1,761 equals 660). As per Section 9:35 of the Subdivision Regulations this would equate to a Minor Collector and as such must be improved to such standards as part of Phase 1. Phases 2 and 3 must be improved with regard to the access road to the standards of Section 9:35 of the Subdivision Regulations and the access permit must be amended accordingly to the satisfaction of CDOT for each phase and any and all conditions/requirements of the amended permit must be completed in conjunction with the appropriate phase the permit has been amended for. A copy of an agreement between the applicant and Tri-State Generation and Transmission Association, Inc., to allow the applicant to build the proposed on-site 60 foot right-of-way within the transmission line easements, for access to the proposed eight (8) commercial lots has been submitted. 11 4. Waste Disposal: The applicant is proposing connection to the Cottonwood Springs central system. A letter of intent to serve has been received from Cottonwood Springs allowing connection (See application submittal). However, it is conditional upon receiving a waiver from the Department of Health, which has been received (See application submittal). The Planning Department agrees that connection to a central sewer system is preferable to ISDSs. However, pertinent regulations as stated below, must be adhered to to ensure that such a system is viable. This has not occurred. In addition, it must be clear that any non-domestic waste cannot be disposed of in the central sewer system and thus an acceptable method to dispose of non-domestic waste must be included m any Final. Plat submittal. In addition, a plat note must be included on any Final Plat which reads, "No non-domestic waste may be disposed of in the central sewer system." Now that the applicant has decided to proceed with connection to an existing sewer system (the original submittal proposed ISDSs), Section 4:92 (C)of the Subdivision Regulations becomes pertinent. This Section states: If public or private sewage treatment facilities are to be provided by an existing district or through the connection to an existing sewer system, evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: I. Letter from an authorized representative of the facility or .system stating that the proposed development can and will be served; 2. Nature of the legal entity which will own and operate the sewage treatment works; and 3. Proposed method of financing the sewage treatment works. 3. A letter has been submitted from First Mortgage Investors, Ltd as part of the application submittal referring to a $75,000 loan. This is supposed to be a proposed method of financing not only the sewage treatment works but the road and all utilities including the fire water pond as well. This letter is not an acceptable form of financing any of the proposed infrastructure. Generally, a letter of credit or some other guarantee for the cost of the improvements is required. Which method is going to be used must be explained at this time by the applicant. A letter of credit or other means of guaranteeing financing is not required until Final Plat submittal. However, an acceptable method must be explained at this time. The letter referring to a $75,000 loan does not do this. This can easily be explained by the applicant to address this requirement. In addition, an engineers estimate of how much all of the referred to infrastructure will cost has not been submitted. Without this, the amount of 12 money that needs to be secured cannot be determined. This too, is not required until Final Plat. However, the engineers estimate must coincide with any secured financing for Final Plat. Thus, to address this regulation, the applicant simply needs to explain what acceptable method of financing will be utilized and submitted with any Final Plat. Thus, the applicant has not complied with Section 4:92 C of the Garfield County Subdivision Regulations until an acceptable method of financing the infrastructure is described by the applicant. Once this is done, this regulation will be complied with. 5. Soils/Geology: The site is relatively flat with a slight slope down to the south with a total elevation difference of about 15 feet. The site, as indicated in the USDA Soil Survey of the Rifle Area, is located entirely within map unit 40, Kim Loam 3-6 percent slope. This deep, well drained, gently sloping soil is found on alluvial fans and benches. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotechnical on the subject site revealed the need for some design recommendations which should be adhered to in the construction of any buildings on any of the proposed eight (8) commercial lots with specific regard to foundations, floor slabs, and underdrain systems. In addition, a recommendation was made regarding surface drainage and the drainage plan for the subject site including: "To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted." (See Preliminary Geotechnical Study and Percolation Testing report prepared by HP Geotechnical). These recommendations, as well as those discussed later specifically regarding the drainage plan will be conditions of approval for any Final Plat. A letter received from the Colorado Geological Survey, dated November 17, 1999, stated, "...each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with further specific recommendations which should be followed in the construction of buildings on the subject property. The recommendations made by HP Geotechnical and the Colorado Geological Survey regarding the construction of buildings on the subject property will be conditions of approval of any Final Plat. 6. Fire Protection: The letter received from the Rifle Fire Protection District dated November 23, 1999 states five recommendations: 13 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. These will all be conditions of approval of any Final Plat. The applicant is proposing the use of an on-site pond within the cul-de-sac of the access road. This pond is to contain the required 180,000 gallons of water and is to be supplied by the well located on proposed lot 6. In a letter dated April 11, 2000, (See Appendix L of application submittal), the District states that they have reviewed the pond proposal for fire storage, "...and is comfortable with the proposal." The letter continues with recommendations to be met at Final Plat and various stages of the development of the subject property which will be conditions of any approval. Further, given the recommendation to determine sprinkler system needs (and other needs) at the building permit phase, a plat note must be included on any Final Plat which states, "Prior to building permit application with Garfield County, all building plans must be submitted to the Rifle Fire Protection District for their review and approval." This proposal is part of the overall water supply plan and thus must adhere to Section 4:91 (B) of the Subdivision Regulations which states: A water supply plan, at the same scale as the Preliminary Plan, shall provide the following information in graphic and/or written form: B. If a central supply and distribution .system is to be provided, a general description of the system, as designed by a Colorado registered engineer. In addition: 1. Nature of legal entity which will own and operate the water .system; and 2. Proposed method of financing the water system. Since this pond is a new proposal, the nature of the legal entity which will own and operate the water system; and proposed method of financing the water system (as per the waste water discussion above) has not been addressed. This needs to be clearly explained by the applicant. Since the fire system will be shared among all lots, it 14 should be maintained by the proposed "Business Owner's" Association. This needs to be addressed by the applicant. This has not been done. Thus, Section 4:91 (B) of the Subdivision Regulations has not been complied with in this application. Further, fire protection is clearly an issue of health, safety and welfare of the present and future inhabitants of Garfield County. Section 1:21 of the Subdivision Regulations states: The Subdivision Regulations are designed and enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of Garfield County by encouraging orderly development, in accordance with established County Policies and plans, and, in furtherance, of the general policy of balancing the diversified needs of changing population, including...protecting both urban and non -urban development. Without an adequate fire protectionlwater supply plan (given the above discussion) health, safety and welfare of the present and future inhabitants of Garfield County are not promoted. Thus, Section 1:21 of the Subdivision Regulations has not been complied with in this application. Finally, Section 9:51 of the Subdivision Regulations states: An adequate potable and irrigation water supply shall be available to all lots within a subdivision, taking into consideration peak demands to service total development population, irrigation uses, and adequate fire protection requirements in accordance with recognized and customary engineering standards. Without an acceptable fire protectionlwater supply plan, adequate fire protection requirements have not been addressed. Thus, this application does not comply with Section 9:51 of the Subdivision Regulations. Garfield County Comprehensive Plan: Section 4:33 of the Garfield County Subdivision Regulations requires that the Board of County Commissioners make a decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the Garfield County Comprehensive Plan. The Subdivision Regulations require that the Board review an application based on compatibility with various issues including the Comprehensive Plan. The following comments will address the projects compatibility and non -compatibility with these applicable portions of the plan: Concerns and Needs: 15 The concerns and needs section of the Comprehensive Plan identifies the need for industrial growth which supports the application in providing eight (8) new commercia l ndustrial lots. Industrial/Commercial: Goal: To maintain and support the existing economic base oldie county as well as to provide for a diversified economy to broaden employment opportunities and ensure the stability of the region. The development of the proposed eight (8) new commercial/industrial lots will support the above goal by maintaining and supporting the existing economy and providing further diversification and more employment opportunities to ensure the stability of the region. Objective 6: Encourage industrial expansion where similar development already exists in appropriate areas, i.e., within or adjacent to platted industrial parks, within designated industrial:ones in existing towns, or adjacent to existing similar development. The subject property is within District B as designated by the Garfield. County Comprehensive Plan which identifies the district as having "good ability to absorb growth", which supports the property as an appropriate area for development. In addition, the City of Rifle Comprehensive Plan designates the property as County Industrial, supporting it as an appropriate area for commercial/industrial uses. By supporting the above goals and objectives, and addressing the need for more industrial growth, this application is in general conformity with the Garfield County Comprehensive Plan. 8. Rifle Comprehensive Plan: As stated above, the Rifle Comprehensive Plan designates the subject property as County Industrial which supports the proposed commercial/industrial use. Further, the letter received from the City of Rifle states, "...the City does not oppose this proposal...", lending support to the application. Vegetation: In a memorandum received from the Garfield County Vegetation Management, dated November 29, 1999, Steve Anthony states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, 16 Schedule of treatment, Plans of followup, Name applicator that will do the work." Since this letter, it is staff's understanding, from the comments in Section M, Bookcliff Soil Conservation District, of the applicant's submittal, and in conversations with the applicant, that many noxious weeds were originally identified on the site by mistake and in fact do not exist on the site. This needs to be clarified in writing by the applicant in any Final Plat submittal and reviewed by Garfield County Weed Management to determine an accurate account of any weeds which may be present on the subject property. Further, a weed management plan developed with respect to the weeds which are present must be submitted with any Final Plat submittal as discussed above. 10. Drainage Plan: As briefly discussed earlier, the Preliminary Geotechnical Study and Percolation test conducted by HP Geotech contained some recommendations regarding the drainage plan for the application. The report stated, "The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Potential overflow from irrigation ditches should also be considered in the drainage plan." The applicant needs to explain, in writing, whether or not this has been addressed in the submitted drainage plan for any Final Plat submittal. These recommendations will be conditions of approval to be addressed in any Final Plat submittal for review by the Board of County Commissioners. 11. Wildlife: No comments were received from the Division of Wildlife, thus, it is assumed that no concerns are present regarding the subject proposal. 12. Radiation: The gamma radiation readings taken by HP Geotechnical show that no radiation mitigation should be required. Thus, there is no radiation concern on the subject property. 13. School Fees: The Commercial General zoning allows for residential uses. Thus, school fees in the amount of $200.00 for each lot created which allows a residential use will have to be paid as a condition of any Final Plat. At this time, phase 1 lots will not allow for residential uses as discussed within this staff report given the CDOT access restriction to warehousing for the lots in Phase 1. Thus, at this time, those lots (Phase 1) will not be assessed a school fee at Final Plat. However, in future phases, lots created will have the use by right of a residential use according to the zoning of Commercial General dependant on the amended CDOT access restrictions/requirements. At which time those lots will be assessed a school fee of $200.00 at Final Plat. In addition, if phase 1 lots are amended given a new access permit, to allow for residential uses on phase 1 lots, the school fees of $200.00 for each lot allowing residential uses will have to be paid at final platting. 14. Easements; A 15' utility easement is proposed by the applicant to run outside of the 60' 17 right-of-way within the Tri-State easement. This has not been addressed in the Tri- State agreement. Thus, this agreement needs to be revised to reflect this proposed 15' utility easement. Well easements and an easement for connection to the sewer system are also proposed to be within the Tri-State easement, but have not been included in the Tri-State agreement. Thus, this agreement needs to be revised to reflect this. Again, there is no guarantee that this agreement will be revised/approved by Tri-State. Therefore, Section 4:60 (A) of the Subdivision Regulations which requires the following as part of any Preliminary Nan submittal: "Proposed terms of reservations or dedication of sites for public and/or common facilities use, if any;" has not been satisfied. In addition, Schedule B of the Policy of Title Insurance submitted by the applicant includes notations 10, 11, and 12 which need to be addressed by the applicant. Number 10 refers to terms and conditions of Garfield County Resolution No. 81-198 which needs to be explained by the applicant. This has not been done. Note 11 refers to an easement for the Grand River Ditch which has not been shown on the Preliminary Plan. Note 12 refers to an easement for ingress and egress which has not been shown on the Preliminary Plan. Section 4:50 (0) of the Subdivision Regulations requires the following be shown on the Preliminary Plan, "Any existing easements, along with the name(s) and addresses of the entity having an easement and legal description of those easements." Further, Section 9:21 of the Subdivision Regulations states, "Lot size, width, depth, and shape shall be appropriate for the type of development proposed and shall meet or exceed the minimum lot size requirements of the Garfield County Zoning Resolution or PUD regulations, where applicable." Without the Grand River Ditch easement, and the ingress and egress easement being shown on the Preliminary Plan, it is impossible to make a determination based on Section 9:21 of the Subdivision Regulations as outlined above. Therefore, Sections 4:50 (0), and 9:21 of the Subdivision Regulations have not been complied with. 15. Watershed Permit: In a letter dated December 16, 1999 (See p. 32), as the City Attorney for the City of Rifle, the City Attorney states, "It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval." From this letter the applicant was advised to look into this possible requirement for the purposes of Preliminary Plan review by the Board of County Commissioners. Since this first letter a letter dated May 15, 2000 (See Appendix E of the application submittal), as the City Attorney for the City of Rifle, in a letter to John Barbie (the applicant), the City Attorney states, "...As you can see in SS 10.05.040(C), several activities trigger the need for a Watershed Permit other than construction or installation of sewage disposal systems. Please review these provisions in conjunction with the Powerline project and determine if a Watershed Permit is required." Since this letter, the applicant has determined that a watershed Permit is required and has applied for a Watershed Permit as stated in Section M, City of Rifle, of the application submittal. Section 4:33 (G) of the Subdivision Regulations states, "The Board shall make its decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the following:... (G) 18 Other applicable local, state and federal regulations, resolutions, plans and policies." This watershed permit is an applicable regulation to this application which has not been obtained. Therefore, Section 4:33 (G) of the Subdivision Regulations has not been complied with. 16. Phasing Plan: The applicant is proposing to build the development in three phases. The first phase is to include proposed lots 1, 2, and 8. Phase 2 is to include lots 3, 4, and 7. Phase 3 is to include lots 5, and 6. Section 4:60 (B) requires a description of any phasing plan. The submitted phasing plan does not include the following necessary information: ► A time line for initiation and completion of each phase. As per County Regulations, all phases must be completed within five (5) years. 10 Additional specific information regarding fire protection including which wells will be used, which hydrants would be installed, and a description of the infrastructure (pipes, ponds, pump stations etc.) to be installed for each phase. ► A description of the sewer system infrastructure to be installed at each phase including pipes, pumps etcetera. ► A description of the access road to be installed at each phase including the section of the road to be built and level of improvement for each section (i.e. surface, grading, ditches, etc.). As per the earlier discussion in the roads section of the staff report, the access road must be built to appropriate county standards, and the entire width of the access road for the frontage along lot 8 must be included in phase 1. • A description of the water system infrastructure to be installed for each phase, including wells, pipes etcetera. Therefore, Section 4:60 (B) of the Subdivision Regulations has not been complied with. V SUGGESTED FINDING$: That the proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the proposed subdivision of land does not conform to the Garfield County Subdivision Regulations, specifically Sections 4:60 (A), 4:92(C), 4:91 (B), 1:21, 9:51, 4:50 (0), 9:21, 4:33 (G), and 4:60(B). 4. That all data, surveys, analysis, studies, plans, designs as are required by the State of Colorado and Garfield County have not been submitted and, in addition, have not been 19 found to meet all requirements of the Garfield County Subdivision Regulations. 5. The proposed subdivision is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI. PLANNING COMMISSION RECOMMENDATION: At the regular public hearing of the Planning Commission on April 12, 2000, the Planning Commission made a motion to approve the application with the following staff recommendations for denial to be conditions of approval: 1. Section 4:91 (A) of the Subdivision Regulations has not been complied with. 2. Section 4:60 (C) of the Subdivision Regulations has not been complied with. 3. Section 4:92 (C) of the Subdivision. Regulations has not been complied with. 4. Section 4:91 (B) of the Subdivision Regulations has not been complied with. 5. Section 1:21 of the Subdivision Regulations has not been complied with. 6. Section 9:51 of the Subdivision Regulations has not been complied with. The resulting vote was a 2 to 2 tie. VII. STAFF RECOMMENDATION Staff recommends DENIAL of the proposed subdivision of land based on the following: 1. Section 4:60 (A) of the Subdivision Regulations, which requires proposed terms of reservations for common facilities be delineated, has not been complied with. 2. Section 4:92 (C) of the Subdivision Regulations, which requires financing of the sewage system to be described, has not been complied with. 3. Section 4:91 (B) of the Subdivision Regulations, which requires financing of the water system, and the legal entity which will own and operate the system to be described has not been complied with. 4. Section 1:21 of the Subdivision Regulations, which addresses health, safety and welfare of inhabitants of Garfield County has not been complied with. 5. Section 9:5I of the Subdivision Regulations, which addresses fire protection, has not been complied with. 20 6. Section 4:50 (0) of the Subdivision Regulations, which addresses the delineation of existing easements, has not been complied with. 7. Section 9:21 of the Subdivision Regulations, which addresses appropriate lots sizes and shape, has not been complied with. Section 4:33 (G) of the Subdivision Regulations, which addresses conformity with applicable local, state, and federal regulations, has not been complied with. Section 4:60 (B) of the Subdivision Regulations which requires a description of any phasing plan has not been complied with. Staff would like to note, that although the applicant does not comply with the above detailed sections of the Subdivision Regulations, many, if not all of these regulations/reasons for recommending denial may be able to be adequately addressed at the Board of County Commissioners hearing of „lune 19, 2000. At this time, the applicant is not in compliance with the above noted regulations simply because certain relevant substantive information, not completeness information, has not been submitted by the applicant. However, much, if not all, of the relevant information may be available from the applicant at the hearing. If this information can be presented at the hearing by the applicant, or the above noted regulations can be adequately addressed by the applicant at the hearing, staff would then recommend approval with the conditions of approval which have been outlined (highlighted) within this staff report as being required with any approval. 21 JW --06-2033 11: 17 D I i 1 LIATEP RESOURCES 303 866 3589 P.32/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Roam a16 Denver, Colorado 130203 Phone: (303) 866-3581 FAX: (303) 866-3589 htrPlAvarPr 5tate.co.us.kiefauir.hrm Jeff Laurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 June 6, 2000 Ball Owen Govrnar (;,reg F • Walcher Exeeutivv Director Mal D. Simpson, P -t, State Engireei Re. Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W District 39 Dear Mr. Laurien: Our letter of June 5, 2000, suggested that approval of the final plat be withheld until the amendment to the District Contract and the necessary well permits are approved. Discussion with Ms. Janet Maddock of the West Divide Water Conservancy District indicates that the amendment was approved upon signing of the application to amend District Water Allotment ContractfLease No. 990612RK(a) by the District Vice President on May 16, 2000. Therefore, only the well permit remains to be approved. If you or the applicant has any questions concerning this matter, please contact me at this office for assistance. Sincerely, Craig M. Lis Water Resource Engineer CML/Powerline Professional Park vii.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 TOTAL P.02 JUN -0E -200n 14:3 D I U UATEP RESOURCES 707 866 3599 P. rid: rj3 STATE OF COLORADO OFFICE OF TKE STATE ENGINEER Divi5tOr of Water Resources Departrnenr of Natural Resources 1313 Sfierman Street, Room 818 Denver. Colorado 80203 Phone: (303) %6-353I FAX: 1303} 866.3589 htep//water. sr;,c,.u.Ydeiaulr.htm Jeff L.aurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 June 5, 2000 6;11 Owens Governor Greg E. waichcr Exe of ©t‘cctOr r+ai © 3,mpxin, P.E Stare Eng,neer Re: Powerline Professional Park, Subdivision Preliminary Pian Sec 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr Laurien: We have reviewed additional information (Water Supply Pian) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels_ The additional information included a copy of an application to amend District Water Allotment Contract/Lease No. 990612RK(a) from one acre-footlyear to two acre-feet/year, and a letter from Zancaneila and Associates dated March 24, 2000. Previous submittals included a copy of a report by Zancanella and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 9908092RK(a) and 9908093RK(a) for one acre-foot of water each. Note that Permit No. 52691-F was issued pursuant to District Water Allotment Contract/Lease No. 990612RK(a), which at that time was also for one acre-foot of water The plan notes that the three wells will be shared by the lots, with up to three lots on one well. Permit No 52691-F was issued on October 21; 1999. and Permit Nos. 53267-F and 53268-F were issued on February 8, 1999, for the use of one acre-foot of water annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. The additional submittal is a proposal to use the well with permit no. b2691 -P to fill and replace evaporation for the pond, which is to be used to satisfy the fire suppression water storage plan as required by the Rifle Fire Protection District. This replaces the proposal to fill the pond via the Lower Cactus Valley Ditch. The pond will contain 180,000 gallons (0.55 acre-feet) and the revised annual evaporation estimate is 0.31 acre-feet (per the March 24. 2000 letter from Zaneanella and Associates), for a total of 0.86 acre-feet per year. Note that none of the wells are currently permitted to supply water to the pond for filling or to replace evaporation. As discussed in our previous letters of February 8, 2000 and April 11, 2000, Me Robert Klein submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Therefore the total annual use under the contracts is estimated as 3.53 acre-feet (0.86 acre-feet + 2.67 acre-feet). The current contracts are valid for 3 acre-feet. The propose amendment to District Water Allotment Ccntract'Lease No. 990612RK(a) would increase this to 4 acre-feet, which would be adequate to compensate for the total annual use A letter from Collins Well Drilling and Pump Company indicates that a well drilled or 1 the property produced an average of 30 gallons per minute over a four hour period en October 4, 1999. If the proposed wells have similar production rates the water supply should be physically adequate. JUN -06-23'30 14:36 DI0 WATER P'ESOLIRCES 303 666 3569 P.03/03 Jeff Laurier June 5, 2000 Power -line Professional Park Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is physically adequate and wilt not cause material injury to decreed water rights, provided the amendment to the District Contract is approved and the applicant obtains valid well permits for the proposed uses. We suggest that approval of the final plat be withheld until the amendment to the District Contract and the necessary well permits are approved. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance, Sincerely, Kenneth W. Knox Assistant State Engineer KWKJCMUPowerline Professional Park vi doc cc: Orfyn Bel!, Division Engineer James Lemon, Water Commissioner, District 39 TOTAL P.03 cuxreat 112919a 06/07'.'00 06:26,-1 P.002 Contract leo. a9Lfi1 Ili (a Map ID No. pate Activated 6/2i/99 APPLICATION AND DATA FORM TO AMEND WATER ALLOTMENT CONTRACT WITH WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT # _,A,Qp v 12 R K (a) AMENDED FROM 1.0 A.F. TO 2.0 A.F. APPLICANT Name Rrshert. O_ Olein r�lailing Address PC) Piny 1 i'cR,. Ri f1 f n R1 ,C1 Telephone Number u.7 Authorized Agent or Representative -?_a_,e H. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right PAWPr3 i na Najl� 41 Type of Structure or Right Tg,„ Location of Point of Diversion (description from decree or permit) 11E1/4-:;',31/4 section 11, T6S R93W6th Ptd,_4130 Saat .Line. 1 C Feet from West Section L. i rye . Water Court Case NO. well PexmAt No- 052691(Fl (Attach copy of per it ) C INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) See Exhibit A Total acreage of above -referenced parcel 30+_ Address of above -referenced property 217753 Hwy. 6&74. Rifle CO $1650 Description of Use romrercial indoor erImoctir Alam mAS;i ' 10;itar� v nozat.ivr losses on a , ixe mer yore a bond. _ Total Number of Dwelling Units nits Number of Constructed Units , A Number of vacant Lots A Potable Water System Dion-poi_stile,frnm 144,1 1 fnr n.p to ^4 ugPrS waste -Water Treatment System r n t ra 1 sewer Type of meter or measuring device Tot Ina Flaymeter Projected Monthly Volume of Leased Water Needed in Gallons: TERSE ',mu= ARE XXX ACTUAL DIVSASIGJS OR CONSUMPTIVE USE ONLY (Actual diversions ARUM bo lased unless eemtraetae ]tae an wugueutation Jan.of Feb. 1),165af Nat. Q-.65 af Apr - June . July Aug. Sept. Nov. Dec. . Annual Total Gallons 91, (3a ga 1 Maximum Instantaneous Demand 1 it Acre Feet gPra plan) af M$y 0.165 af Oct. " 2-� le D. OTHER REMARKS . - • . ' _ - . . due to evaporation for thefire•va r e o The n - ;rill to filled as an ac.:j . di`at d p iL'rity .via Grand Valley Ditch or by PoWeriine Well *1. Aril 2 2000 Date app App3.ican Sohn Barbee for R. Klein Applicant 1 Date approved WEST Divx LIS Y President WATER CONSERVANCr STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment or the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us April 6, 2000 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80230-6928 (303) 692-3090 John Schenk Schenk, Kerst & deWinter, LLP 302 8th Street, Suite 310 Glenwood Springs, Colorado 81601 Colorado Department of Public Health and Environment pE C -E I'VE. APR 1'Me RE: Cottonwood Springs MHP and Powerline Professional Park Permit No. COG581002 Dear Mr. Schenk: We are responding to your letter of March 14, 2000. You requested that the terms of the above -referenced permit be modified to provide for wastewater service to the proposed Powerline Professional Park. In reviewing your request, we have determined that we need to amend the certification for your use of the general permit for domestic wastewater treatment lagoons. We anticipate this process to take approximately 30 days. Additional items that we need from you are: 1) The transfer of ownership request, using the standard form that we sent to you. Your March 14 letter states that Cottonwood Springs will no longer be the permittee and that a new, limited liability company would be legally responsible for the permit. The amended certification must be issued to the legal owner of the wastewater facility. 2) We need a map of the expanded service area to be incorporated in the certification amendment. Your March 14 letter references Cottonwood Springs MHP, Powerline Professional Park, and Rifle Service Park as intended enclaves to be served by the lagoon facility. A map of that service area needs to be submitted. We are able to waive the requirement that engineering and financial planning be commenced at 80% of rated design capacity. However, the requirement to commence construction of expansion of the facility when it reaches 95% of rated capacity remains in effect. STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866.2611 FAX: (303) 866-2461 Mr. Mark Bean Garfield County Planning 109 8th St Suite 303 Glenwood Springs, CO 81601 November 17, 1999 Re: Powerline Professional Park CGS Review No. GA -00-0005 Dear Mr. Bean: GA -00-0005 D Witt DEPARTMENT OF NATURAL RESOURCES Bill Owens Governor Greg. E. Walcher Executive Director Michael B. Long Division Director Vicki Cowart State Geologist and Director In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to review the plat. A Geologic Study and Percolation Test Report prepared by Hepworth-Pawlak Geotechnical (October 1999) was included in the referral. The site consists of fairly flat ground that slopes gently to the south. 1) Soil. The soil is composed of slopewash derived from the Wasatch Formation. Alluvial gravel is present at a depth of 9 to 16 ft below ground level. The soil consists of varying amounts of silt, fine sand, and clay, and the characteristics are variable, as shown by the test results reported by H -P. Potential problems for construction may include swelling soils, and low-density, low -strength soils. As the property has been irrigated in the past, the potential for hydrocompaction in the soils is reduced from what it might have been. To better characterize the soil variability, each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions. H -piles driven into the underlying gravel are appropriate foundation types for heavily -loaded structures on problem soils. Spread footings are possible where soils at the foundation level (and 5 ft below this elevation) are non -expansive and non -collapsing. The allowable bearing pressure of the footings should be determined from the strength measurements of the soil. Post -construction damage can occur in floors, sidewalks and roadways if the soils settle or swell after development. Where moderately and highly expansive soils are present beneath proposed floor spaces, structural wood floors should be considered, or the native soils should be overexcavated and replaced with an acceptable fill. Problem soils beneath exterior flatwork may be similarly overexcavated or chemically treated to reduce the potential for volume changes. RECEIVED NOV 2 2 1999 Powerline Professional Park, p.2 2) Drainage. The flat nature of the property and the high clay fraction of the soil increase the likelihood of water ponding. Water is a catalyst in initiating soil problems. Grading for the site should assure that positive drainage is effected around building envelopes and septic system sites. In the subsurface, a perimeter drain should be included with subgrade construction to protect against perched water. These drains are generally allowed to daylight, but the flat topography, may make gravity discharge difficult. In such cases the drains should be connected to a sump pump. 3) The percolation test results indicate that engineered septic systems will be required for the site. This is stated in the H -P report. In summary, the site can be successfully developed if structures are designed to accommodate the soil characteristics and if drainage is managed. Please call me if there are any questions. ours truly, Celia Gree Geologist Public Service Public Service Company of Colorado November 16, 1999 1995 Howard Avenue Rifle, Colorado 81650 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Attn: Mark Bean Dear Mr. Bean, I am in receipt of your review material from Western Slope Development regarding the Powerline Professional Park located east of Rifle, Colorado. Public Service Company has no material objections to the development, however there are some issues you may wish to discuss with the developer. According to the preliminary plat, there is a 604acces4,,�.asement which has been declared for utility installation also. We would prefer to have that denoted on the final plat either in the descriptive wording or denoted on the platted subdivision copy itself. This alleviates future misunderstandings and ensures that utilities can be installed without further effort on the part of the developer to provide an easement after the fact. Based on the sixty foot 'R.O.W.,.how_much of this will be paved? We would prefer to place our above ground facilities (re: transformers, street lights, etc.) within the platted easement, but far enough away to ensure that traffic does not interfere with the operation of those facilities. If the right-of-way is paved for forty feet, thus leaving us ten feet on either side, there is no problem. If the full width of the right-of-way is to be paved, we would require an additional ten -foot utility easement for placement of our facilities. RECEIVED NOV 1 8 1999 Public Service Public Service Company of Colorado There zsri. no distribution'gas min xHighway a=6 w& 24 qat ='pt=esent. If this development is to served with natural gas, it would come from either County Road2l a-to.the north,,,orir:(dependipg,on:loads) e0ottonwoodi'railer Park to the west. Should tither -of-these-be!the-case, .easements witlbe necessary fc r the placement of acilities to`this�`de�eloinent Thetenns.which are required for the the highway line of sight, should be far enough removed from the existing overhead distribution line. However, if the berms are moved toward the highway, they must not interfere with the access and operation of these facilities. Should this happen and necessitate the relocation of these facilities, the customer will be charged relocation fees. If we place*facilitiesAinuthe-sixty*foot2tr.c ovmprovided;ayoumamay w g o discuss :Awhat*requirements oveneandcabovea yourilicensing*agreement twith TStat,Laerequiredx. We do not wish to create unnecessary encumbrances to Tri-State or the customer licensing agreement. If you have questions or concerns, please do not hesitate to ask. I will be happy to discuss them with you. I can be reached at (970) 625-6019. Sin ely, 7 -- 40.46t - Pa --Pa • iacoletti, Planner Garfield County Operations Center Rifle, Colorado RECEIVED JUN 0 6 2000 TRI-STATE GENERATIQN AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.D. BOX 3:;36955 DENVER, COLORADO 80233-0695 (303) 452-6111 June 1, 2000 Mr. John Barbee Western. Slope Development P.O. Box 324 Silt, CO 81552 Dear Mr. Barbee: Tri -State's engineering department has approved your preliminary drawings for a fire water storage pond to be located within the center of the cul-de-sac in Section 11, Township 6 South, age 93 West m *orf cld County. Your plans were approved based on Tri -State's belief that you will follow the guidelines and restrictions stated incrossing license TSL -3817499006 dated Qctobtir 25, 1999. Tri-State would like to point out the importance of your continued compliance with items 3 through 3.5 in the crossing license mentioned above. Also we expect any future traffic on this road will be in co upliance with item 3.5 which restricts equipment height under the line to fourteen feet. Thank you for informing Tri -Sate of your revision. If you need anything further please contact myself at 800-332-0498. Sincerely, Jon Beyer Land Specialist Il JB CRMO 5TA77004 P.O Bcix 7307 CRAIG, CI 87629-1S97 (970) a24-4411 IO/I0 3d 3,1 AN EQUAL OPPORTUNIS"Y / AFFIRMATIVE ACTION EMPLOYER A Touc urAxqRar@y'Ccnpeautve 4t A3r3 3d01S N 3IS3M auu4.A STATION Pa FOX 030 Nocr-A, CO 81424-0099 f9Tv1 lir-7315 g(7:855L80L6 Lt'OZ 9A9Z/90/r0 DEC. 17. 1999 8:58AM LOYAL E. LEAVENWORT1I CYNTHIA C. TESTER GREGORY J. BALL DAVID H. McCONAUGUY KwLLY I), CAVE DAVID A. MC.ISINGLR' TC)t KENNF.Y SUSAN W. LAA'I' CH 'Ada incd in Wisconsin only LEAVENWORTH & TESTER, P. C. LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW RECEIVED DEC 1 7 192,9 December 16. 1999 Mark Bean Director, Garfield County Planting DeparnTlent 109 8th Street, Suith`303 Glenwood Springs, CO 81601 NO. 4955 P. 2 FILE CPY 1011 GRAND AVENUE P. O. DRAWER R 2030 ( ,E NW())1) SPRINGS, COLORADO SPY.E 11 1.F ,Hi)i11-.: (97[)) 945-2261 r, AX t97(» 945-7336 ltlaw?sa pris. net Re:Subdivision Prelitr>lyn for Powerline Professional Park Dear Mark: As the City Attorney for the City of Rine. Colorado 1 have reviewed the proposal for eight commercial lots along highway 6 and 24 east of Rine. 1 have also met with Mr_ Barbie regarding the potential need for a watershed permit application for the project pursuant to Rite Municipal Code §10.06.010, et seq., a copy of which is enclosed For your reference. The City of Rifle's Watershed District jurisdiction extends 5 miles upstream from its point of diversion on the Colorado River, an area within which the proposed subdivision is located. In addition, the activities within the District which require a Watershed Perinit from the City of Rifle include, among other things, the installation of sewage disposal systems as well as excavation. Rifle Municipal Code §10.05.040. It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to tidal plat approval. Please call me with any questions. Enclosure cc: Selby Myers, w/o encl. Pat Hopicins, w/o enol. John Barbie, w/o encl, F:^.1 )�P cnCrS-41rnw;'-RlFI.�- 3cnafls;-1 q J very truly yours, LEAVENWORTH & TESTER, P.C. 1 /; Loyal E. Leavenworth p /1ifp / �� � O) .1v v7',fA7'r v0/74 bIfib' -) 111'711 \d la"—A0," • y---4) '32 //11 771 d� / 7'�J0AN iV ,1J �.� `R -117-'/4-` ,f ,,.�,� c""Q7 -D /?' t„Cd " .0'3,1714N-1 / ` -y Ci* J b ,v7 `7 0 /re 3 -T,! /,/ 0 N—e4 ?4 l" J 7r.f z ? 1"7,1t. 7 A F1-1 40_ E),-4 `4C 14/4 c IICAve 0/1/ f,,t r C4( r 4, 1 j-11-2- / app r c a „t /g r+ jc L kw-^; f rc_e:/..-f / sCG."-Crj a0r,r „ D."; 4" 1 t t & ci rr-, -.,n) ,coc."el (--etc-77, of C._ Alp f i c- it C-ali:0 C.CY,,°tea '-' r r`, L -4C v4 6 d GF✓ f'/ 0 f �} I h C +1 r 1k- ,-.:4 L., I 16-4 644- tc M91-1‘ 'w A c a 0 T � .�'.Jat4e %iv*/ ,t)tt E!„ r r -1771. 1 14, `' ' Co vz ..-,fir. , -ed4 / 14_ ne:L ty7,)( ,),/ Fax Pages: f (including this cover sheet) Date: /yj Imo, 'IU D O TO: C r-0. NO,/; 1' q Li f (A/t4e-r- - e FAx # ? O 3 S G -- 1 9 .✓'0 f til eLe �1 Vice✓ !e. �± L„/l( 'es" -x.161 Garfield County Building & Planning Department 109 8t" Street, Suite 303 Glenwood Springs, Colorado 81601 (970) 945-8212 Fax: (970) 384-5004 141.1°k...1i/to 7 WESTERN SLOPE DEVELOPMENT CORP. 11 In Mt ERE Mita Slausngteeli Mrs* 1761711.5241 Fut 171470.61125 Cit 111.379.1101 Garfield County Building & Planning Dept. Attn: Jeff La.urien 109 8th St. Ste. 303 Glenwood Springs, CO 81601 Powerline Professional Park Dear Mr Laurien, May 16, 2000 Enclosed you. will find the amended West Divide contract #990612RK(a) which allows for up to 2 acre feet of contract water. This additional water will remove the condition That we obtain an agreement with the Grand Valley Ditch Company for the initial filling of the fire storage pond as indicated in the April 11, 2000 comment letter from Craig Lis. Please forward the enclosed material to the Division of Water Resources. Please contact me if you have any questions_ Officers 870-821 KellyCabe), 4745 C.R. 315 Silt, CO 81552 Nice Preilrwnt Saauel 8. Potter 0548 C R. 323 Rffle CO 81650 NEST DIVIDE HATER CONSERVANCY DISTRICT 124 NEST THIRD STREET P. 0_ BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND PAX (970) 625-5461 LaVerne Startuck 3106 C R 342 Silt. CO 8I652 Secretary w$llfaI M_ Zilra 0090 Sunlight Dr. Glenwood Springs. CO 81601 June 29, 1999 Robert 0. Klein P. 0. Bax 1198 Rifle, CO 81650 Dear Mr. Klein: Board of Directors Kelly Couey 4745 C. R. 315 Slit. CO 81652 William M Zfl►a 0090 54.rrifght Dr. Glenwood Springs. CO 81601 Laverne Starbrjck 3106 C.R, 342 Silt. 00 81652 Larry 5. A tneder 1002 Cooper Ave, Glenwrd Springs. CO 81601 Samuel 8. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed is your approved contract #990612RK(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water_ West Divide obtains its storage water from a number of sources including Ruedi Reservoir and Green Mountain Reservoir which are Bureau of Reclamation projects. Federal policy relating to endangered species, among other environmental concerns, provides that supplies from these reservoirs may be interruptible. Moreover, the forces of nature are always such that no source of water can be guaranteed from year to year. nest Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. This water allotment contract May require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are =eguired to install a measuring device and submit a deter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled_ Robert 0. Klein June 29, 1999 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. S Water Resources w/enclosure Edward J. Currier, P.B. w/enclosure Currant 1/29/99 Coat rest leo . 11` a61 (e') Map ID No. i Data AetiYatod APPLICATION AND DATA FORM TO AMEND WATER ALLOTMENT CONTRACT WITH WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT 1 9.0612Ex (a) AMENDED FRom APPLICANT Name Mailing dress - r .: • ' r Telephone Number 97Q 47F - Authorized Agent or Representative an .n 1 0 B. WATER RIGHT OWNED BY Name of Right tanL►a r i Type of Structure or Location of Point of ,NEi/4-Y71 d SeCtic,n "Lim. Ug Feet from water Court Case No. c. D- A.F. TO 2.0 A.F. r' APPLICANT OR BEING APPLIED FOR Wail ti gift wo Diversion t escription from decree or permit) 1 1 ,...T+bS R93W 6th 1'�6... QUI S �t�L%�,'�ti.r.::On West Section Lino Well Fex*. t No. , C152 591 (E' L iattaah voppy of pmmdt ) INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description Of property on which water right is to be used. Ma ' be attached as Exhibit) See Exhibit A Total acreage of above -referenced parcel 34+_ • Address of above -referenced property 27752 Hwy_ f &,2 : ...CO 8] 550 Description of Use rnmmP'-ni A? jpcinnr Apmoet i r anri makes t,r v;kror for eVat�arative losse A on a 1 ra nater- storarre Dcnd . Total. Number of Dwelling Units a rammAr-�i.units Number of Constructed Units Q Number of Vacant Lots q Potable Water System ± n.,,.F, Abase trrm wrai P frzr an rn 7a t, _ Waste -Water Treatment system r ,litres: Seder Typo of meter or measuring device Tota1lzina Flowmeter Projected monthly volume of Leased Water Needed in Gallons! TERSE Fromm ARS XXX ACTUAL DIVIRSIOIB OR COWSUMPTIVE USE OILY (Actv,al diveraiaria mast be upeei ual+Hie avaltriketes has Jul vapor tion plaa) Jan' i 165 aP Peb. 0.165af Mar. (L ar Apr. 1, of may 0,165 June. ” July i1 Aug. n NON . 'OeC. Annual Total Gallons 53.4.'4 gl, Maximum Instantaneous Demand 15 Sept. - Oct. Acre Feet 2_0 14711 OTj R REMARKS are t h a Asti t s n t' insZ due eva at'+e` u • ..t.. The on will be filled as ales +Ina;.;j.dicate.f or by Powerline Well #1. , 2000 John Barbee for R. Klein Applicant v of tric.rity via Grand Valley Ditch bate approved EXHIBIT "A'" TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M. SECTIUN ? 1: SE1/4NWj/4 AND THAT PART OF THE NEI/4SW1/4 LYING NORTHERLY OF HIGHWAY 6 AND 24 AND A TRACT OF LAND DESCRIBED AS FOLLOWS. BEGINNING AT SO1TrKFAST CORNER OF SW1/4N 1/4 OF SECTION I1, TOWNSHIP 6 SOUTH, RANGE 93 WEST 6TH P.M., THENCE NORTH 0°40' WEST 974 FEET; THENCE NORTH 55°0' WEST 297,5 FEET; TRENcE SOUTH 25°10' WEST 542 FEET; THENCE SOUTH 38650' WEST 925.8 FEET; THENCE NORTH 89.45' EAST 1144.5 FEET, MORE OR LESS TG THE PLACE 0? imcrol'iumc - EXCEPTING THEREFROM THAT PART CONVEYED IN DEEDS RECORDED IN BOOK 543 AT PAGE 533 AND IN BOOK 647 AT PAGE 355 AND IN BOOK 277 AT PAGE 91 AND EXCEPT THE FOLLOWING: A FARcEL or LAND SITUATED IN THE IIFEI/4SW1/4 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAIn PARCEL BEING MORE PARTICULARLY DESCRIBED AS TOLLAWS: COMMENCING AT THE CENTER THENCE NORTH 89643'19" NEI/45w1/4 969.20 FEET TO CONSTRucTED AND IN PLACE, GAIO NORTHERLY LIN T'H£ EASTERLY BANK OF SECTION 11, A REBAR AND CAP IN PLACE; WEST ALONG THE NORTHERLY LINE OP SAID A POINT ON THE EASTERLY RANK Or A DITCH AS THE TRUE POINT OF BEGINNING; THENCE LEAVING FOLLOWING FOURTEEN (14j COURSES ALONG SAID 1. SOUTH 60°59'06" WEST 5.27 FEET; 2. SOUTH 89'36'35" WEST 101.20 FEET: J. SOUTH 51'03'56" WEST 25.84 FEET; 4. SOUTH 00620142'' EAST 345,98 FEET; 5. ALONG THE ARC OF A CURvr TO THE RIGHT HAVING A RADIUS QF 56.04 FEET AND A CENTRAL ANGLE OF 66'20'53", A DISTANCE OF 64-49 FEET (CNbRD BEARS SOUTH 32644'44" WEST 61.33 FEET); 6_ SOUTH 66'00'11" WEST 47.64 FEET: 7. 50Zf tf 62008'134 WEST 113.50 FEET; 8. SOUTH 49°02'55" WEST 12.65 FEET 9. SOUTH 22.36'59" WEST 12.65 FEET; 13. SOUTH 00'27'17" WEST 247.80 FEET; 11. SOUTH 08°22'294 WEST 46.49 FEET; 12. SOUTH O16531S6" £AST 203.57 FEET; 13. SOUTH 27618'33" WEST 40.22 FEET; 14. SOUTH 45650'51* b1EST 39.02 FEUT TO A POINT ON THE WESTERLY LINE OF SMO HZ1/ 45w1/ 4 ; THENCE NORTH 00°14'26" EAST ALONG SAID WESTERLY LINE 1071.37 FEET TO T1fE NGETNWEST CORNER OF SAID NEI/45w1/4; THENCE SOUTH 89.43'19" EAST ALONG THE NORTHERLY LINE OF SAID NEL/4SW1/4 359.11 FEET TO THE TRUE POINT OF BEGINNING. ALSO, c..Le_elEVJ ANy FART EnCLLDED IN THAT LIS PENDENS NoTia RECORDED JULY 6, 199 IN Bock 1076 AT PAGE 449 IN THE OFFICE. OF TIE GARFIELD COUNTY MURK AND RECORDER. EXHIBIT A Ap.r-26-CIO 1Q 26A'. P.o. Box 1401 1001 Cooper Ave Glenwood Springs, CO 91502 97o-945-1253 P.02 ENCIIVE NIC CoMAILT4 M March 24, 2000 Mr. John Barbee SK Collaboration 501 N. 7' Box 324 Silt, CO 81652 RE: Powerline Professional Park Pond Dear John: (9?0) 44&4700 (970) 945-1253 Pax The proposed pond, in the cul-de-sac will be used for fire protection. The Rifle Fire Protection District requires the pond to store 180.000 gallons for this purpose. When full, the pond will have a surface area of 4616 sq.ft. Well #1 will be used to make up evaporation losses from the pond. Information from the Rifle Weather station was used to determine the evaporation ioas for the pond. see atta :.ed tab'e. The pond well require approximate; 0.31 acre-feet of makeup water a year tci compensate for evaporation. if you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. can Mathes, E I T, CC: 1Wrea 2=10 2a7a1 Pomen+ne'Are poria #49 EXHIBIT B Apr -26:-00 10:26A Water Surface Evaporation ;q1 970-945-1253 IC z > . "'ZIO Ci li...... laillgg.2 a WW ci fig) O'Ci:o 6 b- 1) m 01' 0! 10 do o o I com-0.441 cvd! oft. Od0;04101.- IN V10 oo J • : . 1 1 1 ro CO qr mr;,- 00 .40. 1 (C? 00 soij il P.02 •Lav C a J.7 i 4: a<0411 iDQQ SO4 000 0000 PY For.- No. OFFICE OF THE STATE ENGINEER GWS -25. COLORADO DIVISION OF WATER RESOURCES 819 C■narrnyi ebQ 1313 Sherman St., Oen*e, Colorado ad203 (30) 8ee-38.81 M.e.tardiv_T ROB ER T Q KLE IN BOX 1198 RIFLE. CO 81650- WELL LPERMC' NUMBER 0526:1 _ • F DIV. 5 WD 39 DES. BASIN MD (970J 876-5242 FaRMrT TO CONSTRUCT A 10XELL APPROV.pyVEt_L-LO AL ,i GARFIE{ D COUNTY NE 114 SW 114 Section 11 Township 6 S Range 93 W Sixth P,M. PbTANCES FR£JI�4 SF I 5 2259 FL from South Section Line 2125 FL from Weal Section Line 109 ISSUANCE OF THIS PERMIT GOES NOT CONFER A WATER RIGHT 1) This well $hail be used in Such a way as to cause rid materiel does not assure the injury to existing water rights_ The issuance of dos panne ISSUANCE that no injury will occur to another vested Nater r'ght or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construcUon of this well shelf be in compliance with the Water Well CvnstralciJon Rules 2 CCR 402-2, unless approval or a variance has been granted by the State Board of Exorniriers of Water Wo Construction and Pump irustafieepo Contractors in accordance wftt't Rule 18. 3) Approved pur3trant to CRS 37-80.137[2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point pf diversion to the Avalanche CsnaJ and Siphon, on the canditldn that the well shalt be operated only when the West Divide Water Conservancy Districts substitute water supply plan, approved by the State Engineer, is in I effect, and when ■ water allotment cnrttract between the well owner and the West Divide Water conserrgncy District for the release Of replacement water (torn Ruedl Reservoir is in effect. or under an approved plan for augmentation. wt3wC,0 . can tract 0990612RJC(a). 4) The ;Iar of ground water from this well ;s tirnated to dnnking and sanitary purls inside commensal bu:sineee€.e At use or this well will be curtailed unieas the water atinrrr+4nt contract or a plan for thisirnentetion is in etteoi_ 5) The maxirr,us11 pumping rade of this well %hail not exceed 15 GPM 6) The average annual arnount of ground wader to be appropriated shall not exCeed one (1) acre, -fort (325,850 Buns). 7) The owner 'hail mark vee wig fn a conspicuous place with we4 permit numaer(s), name or the aquifer and court ;,,asa number( si as atypronnata The owner shad torte nec■ssary rneana and precautions to preserve these markings. 8) This wan snail be constructed at least 800 feet from any existing wolf that is not owned by the 'tap cant nerd not mores than 2C0 het from tJ a 000etion specified on this permit. g) A totalizing now meter moves toe installed on this well and maintained <n good working order. Permanent records et ail diversions must be maintained by the well owner (recorded at :easr annually) and submitted Lo the Division Engineee mOOn requs s>_ 10) This poirnert hat; been approved with an annual diversion amount not to exceed 1 acre -root as Spec fend in the Weal Divide water Conservarscy Cistri t water allotment contract. You are hereby notified that you have the right to appeal the letruarrce 01 drill permit, by filing a written [w cleat with is office within sixty (60) days of the data of issuance, pursuant to the State Artministrative Procedure$ act (see Sect,cn 24-4-iO4 through 100, C,R.$,) mortitonna Agfa rsQtiCe M-$-371313, was gOknOwiedged for conafn,etion or a monitoring and observation now? tor this applicant in this 114, 1(4, on September 24. 1999. ( -14i>� iGttr _ u• ,•-• . , ... • . ,.. I iii APPROVED KJW Stele K_r r ,ger :-r_- 1r i OAT S CT 1 1 i CALOIA & Hourr, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON June 16, 2000 Mark Bean Garfield County Planning Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Powerline Professional Park Subdivision' Dear Mark: RECEIVED JUN 1 9 2003 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Via Hand Delivery At the request of Western Slope Development Corp., we have prepared the enclosed Declaration of Covenants, Conditions, Restrictions and Easements for the proposed Powerline Professional Park Subdivision. The Covenants contemplate the formation of an unincorporated nonprofit Business Owners Association to manage the common responsibilities and expenses of the subdivision, including road maintenance, landscaping, maintenance of the fire protection system, and monitoring of water and wastewater treatment obligations. We have attempted to address the various concerns articulated in the staff report of June 14, 2000. Please call me or John Barbee with any questions or concerns you may have. Sincerely, CALOIA & HOUP ' , P.C. JVH/ja Enclosure cc: John Barbee WSD-Bean-Itr-I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR POWERLINE PROFESSIONAL PARK SUBDIVISION, GARFIELD COUNTY, COLORADO INTRODUCTION Declarant, as identified hereinbelow, is developing a nonresidential, planned business park subdivision known as Powerline Professional Park Subdivision ("Subdivision"). The real property that constitutes the land area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by this reference. It is Declarant's desire and intent to hereby subject the Lots within the Subdivision to certain covenants, conditions, restrictions and reservations for the benefit of the Subdivision in furtherance of its purposes. The covenants, conditions, restrictions and reservations set forth herein ("Declaration") shall bind and benefit the Declarant, its successors and assigns, and all persons or entities who become a grantee of one or more Lots within the Subdivision. Every Lot within Powerline Professional Park Subdivision shall henceforth be owned, held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions and reservations, and the same shall constitute a general plan for the Subdivision, ownership, improvements, sale, use, and occupancy of the Lots therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision. ARTICLE I STATEMENT OF PURPOSE 1.01 General. The purpose of this Declaration is to ensure proper use and appropriate development and improvement of the real property that constitutes the Subdivision, so as to provide harmonious commercial development and promote the general welfare of the Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of such property. ARTICLE II DEFINITIONS 2.01 "Architectural Control Committee" (hereinafter sometimes referred to as "ACC") shall mean and refer to the committee defined in Article V below. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 2 2.02 "Association" means and refers to an unincorporated nonprofit association that shall be known as the Powerline Business Owners' Association, created by this Declaration for the benefit of the Subdivision. 2.03 "Declarant" shall mean and refer to Western Slope Development Corp., a Colorado corporation, and any successor entity or entities which succeed to ownership of all or substantially all of the Subdivision owned by Western Slope Development Corp. and at the time of such succession is/are designated by Western Slope Development Corp. as a successor Declarant hereunder, in a writing recorded with the Clerk and Recorder for Garfield County, Colorado. All successor declarants shall designate further successor declarants in accordance with this paragraph. 2.04 "Improvement" shall mean and refer to and include any and all structures and all appurtenances thereto of every kind and type, and all other physical changes upon, over, across, above or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and facilities within rights of way adjacent to a Lot. This definition shall include, but shall not be limited to, the following facilities and activities, whether of a permanent or temporary nature: buildings, outbuildings, parking structures and garages, parking lots and other parking areas, streets, roads traffic control devices and signs, driveways, bikeways, access roads, loading areas, signs, canopies, awnings, trellises, fences, lawns, landscaping (including landscaping of balconies, plaza, and other portions of buildings), plazas, patios, recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety devices and bridges, construction trailers and other temporary construction buildings, screening walls, retaining walls, stairs, decks, benches, and other exterior furniture, hedges, windbreaks, plantings, planted trees and shrubs, poles, exterior air conditioning, water softener fixtures or equipment, aerials, antennas, lighting fixtures, drainage structures, communications equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities, and color, texture, material, or other changes to any improvement; provided that with respect to such facility constructed (in behalf of or for a utility, such facility is included in this definition only to the extent it is above ground. "Improvement" as defined herein shall not include improvements, alterations or remodeling which are completely within the interior of a structure and which do not affect or change the exterior appearance of an improvement, are not visible from the outside and do not alter the permitted use of Lot as defined in Article III. WSD-Pawerlinc covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 3 2.05 "Lot" shall mean and refer to each of the lots within the Powerline Professional Park Subdivision as shown on the final plat thereof recorded with the Clerk and Recorder for Garfield County, Colorado, as said final plat may be amended from time to time. 2.06 "Maintenance" shall mean and refer to any activity or function that is necessary on an ongoing basis or intermittently for the purposes of: (a) maintaining and/or operating any vacant, unimproved land; and/or (b) maintaining and/or operating improvements before, during and after construction or installation of such improvements; and/or (c) for the purpose of enabling or facilitating the permitted use of any Lot. 2.07 "Owner" or "Lot Owner" shall mean and refer to the record owners, whether one or more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within the Subdivision. "Owner" or "Lot Owner" shall not mean or refer to any person or entity who holds an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant to an easement, right-of-way, or license that pertains to or affects a Lot or Lots; or the holder of water, mineral, air, or subsurface rights that may be located in, on, under, over, or appurtenant to, a Lot or Lots. 2.08 "Subdivision" shall mean and refer to the Powerline Professional Park Subdivision as described by land area on Exhibit A hereto and as shown on the final subdivision plat thereof recorded with the Garfield County Clerk and Recorder, as it may be properly amended from time to time. ARTICLE III PERMITTED USES 3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations set forth in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed within the CIG Commercial General zoning district, of the Garfield County, Colorado, under the conditions set forth herein. 3.02 Notwithstanding anything herein to the contrary: (a) no use shall be permitted which is unlawful or unreasonably offensive by reason of hazardous odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of excessive danger of fire or explosion; and (b) the manufacture, storage, distribution, handling or disposal of materials which are defined as toxic or hazardous under federal, state or local law, or which are otherwise regulated under applicable law, shall be done only in strict compliance with all such applicable laws. \VSD-POWel' Iine covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 4 ARTICLE IV POWERLINE BUSINESS OWNERS' ASSOCIATION 4.01 Purpose. The purpose of the Association is to administer and enforce the covenants, conditions and restrictions set forth in this Declaration, and to carry out the purposes herein stated and the functions necessary for the proper use and maintenance of all Lots within the Subdivision. 4.02 Organization of Association. Because of the minimal number of lots within the Subdivision, it is the Declarant's intent herein to promote simplicity in the administration of the Subdivision, these covenants, and the furtherance of the Lot Owners' common interests. To that end, the Association is hereby established as an unincorporated nonprofit association within the meaning of the Uniform Unincorporated Nonprofit Association Act, C.R.S. §7-30- 101, et seq. The Lot Owners or their designated representatives (as defined below) shall function as the governing body of the Association, similar to a board of directors of a corporation. Nothing in this Declaration shall be construed to prohibit the Association from voting in the future to amend this Declaration and incorporate the Association or convert to a some other form of nonprofit entity, if to do so is in the best interests of all Lot Owners. 4.03 Members. By accepting a deed to a Lot, a Lot Owner becomes a member of the Association and consents to all terms and conditions set forth in this Declaration. For each Lot owned, the Owner shall appoint one natural person over the age of eighteen years to serve as such Lot Owner's designated representative to participate in meetings of the Association and cast the vote for the Lot. Nothing shall prevent a Lot Owner who is a natural person from designating him/herself as such representative. One vote in the Association shall be appurtenant to each Lot owned and may not be separated from Lot Ownership. When more than one person or entity is a record owner of a Lot, such record owners shall be collectively entitled to no more than one designated representative in the Association and one vote in the Association; votes may not be voted in fractions. When one person or entity owns more than one Lot, such person or entity may designate one representative to the Association for each Lot owned, or, alternatively, one representative to represent all Lots owned. A Lot Owner may change or substitute their designated representative for the Association at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the Association prior to such change. 4.04 Declarant Control; Designation of Representative Until the first sale of a Lot by the Declarant, the Declarant shall have the authority to act as and for the Association. Upon the closing of Declarant's sale of the first Lot, and for each Lot sold thereafter by the Declarant or successive Lot Owners, the purchaser of each Lot shall designate in writing such WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 5 purchaser's designated representative to the Association and shall notify all other Lot Owners in the Subdivision. If for any reason at any time a Lot Owner fails to designate a representative for the Association in writing, such Owner shall do so within seven (7) business days of a request for designation from any other Owner or from the Association. The failure of an Owner to designate a representative shall not prevent the remaining members from conducting Association business in the absence of a designation, so long as a quorum is available. An Owner who persists in failing to designate a representative after being requested to do so by the Association may be ordered to do so upon application of the Association for a mandatory injunction issued by any court in Garfield County, Colorado, with jurisdiction to enforce these covenants and/or the Court may appoint a representative for such Owner for such time as the Court deems necessary. Nothing herein shall be construed as requiring the Association to seek a court-ordered representative if a quorum is otherwise available to conduct Association business. 4.05 Quorum; Voting. At any meeting of the Association, a quorum shall be established by the presence (in person or by telecommunication) of Lot Owners or their designated representatives sufficient to represent four votes in the Association. All decisions made on behalf of the Association on any matter before it, except as may otherwise be provided in this Declaration, shall require the affirmative vote of no less than three votes. A vote may be cast in person or by proxy or a similar writing signed by the record Lot Owner. 4.06 Authority. The Association is vested with all authority necessary to enforce the provisions of the covenants, conditions and restrictions set forth in this Declaration, to seek legal and/or equitable remedies for enforcement or breach hereof, to assess and collect assessments upon each Lot within the Subdivision for the purpose of meeting expenses associated with its duties and obligations as described herein, to delegate to a managing agent the proper administration of the affairs of the Association and the Lots within the Subdivision, and to contract with such persons or entities as necessary and appropriate to provide services to the Lot Owners for the benefit of the Lots. 4.07 Meetings. The Association may hold such meetings as the Lot Owners or their designated representatives deem necessary from time to time, in a manner reasonably calculated and upon such advance notice as to enable all Lot Owners or their designated representatives the opportunity to attend, either in person, by proxy, or by telecommunications. Meetings may be called upon written notice evidencing the assent thereto of three or more Lot Owners or their designated representatives, on such date and at such time as the requesting parties indicate. At each such meeting, a secretary shall be appointed to keep written or recorded minutes of the meeting. At the discretion of the attending Lot Owners or their representatives, a Chairman may be appointed to serve the Association in such manner or WSD-Powerlinc covenants- 1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 6 for such term as the members may determine, including signature authority on behalf of the Association. 4.08 Association Expenses; Annual Budget. The expenses of all services provided by the Association shall be shared by all Lot Owners equally. Each Lot Owner shall pay its share of all such expenses immediately upon demand thereof by the Association or its authorized agent. Failure to pay may be enforced as a breach of these covenants, including the Association's authority to record a lien against the delinquent Owners' Lot(s) as described in Section 7.07. At least once each year, the Association shall develop and approve a budget of anticipated expenses of the Association for the corning year, including but not limited to expenses associated with the Associations responsibilities for road maintenance, landscaping, operation and maintenance of the Fire Protection Pond and the water supply therefor, inspection and monitoring of the potable water systems and sewage collection system, and other Association responsibilities. The Association shall assess and collect from each Lot Owner an amount equal to one-eighth (118th) of the total budgeted expenses for the corning year. If, at the end of the year, after payment of all Association expenses, there remains a surplus in the Associations account, said funds may either be refunded to the Lot Owners in equal proportions or applied to the anticipated expenses of the Association in the following year, as determined by the Association. At any time the Association lacks the funds necessary to meets its expenses, it may make such additional assessments as it deems necessary in order to meet its obligations, provided however, that all Lot Owners shall be assessed equally. ARTICLE V ARCHITECTURAL CONTROL COMMITTEE 5.01 Design; Visual Appearance of Property. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished to optimize visual appearance and aesthetics. In particular, but without limitation, facades and other exterior aspects of structures and improvements that are visible from one or more public highways adjacent to one or more Lots (including adjacent streets, drives, roads and/or public rights of way), shall be designed, built and maintained with the objective of maximizing aesthetic attractiveness from the visual perspective of the passerby, both pedestrian and vehicular. The design standards set forth hereinbelow or as may be adopted hereafter shall be interpreted and applied to serve such intent. 5.02 Architectural Control Committee. (a) To assure the fulfillment of the intent stated above in section 5.01, an Architectural Control Committee ("ACC") is hereby established for the benefit of all Lot Owners. The ACC shall review and approve all site and building plans and specifications for all Improvements to assure compliance with the principles WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 7 set forth in this Declaration. The ACC shall take into account not only the aesthetics of the architectural and construction aspects of the development of the Subdivision, but also its continued maintenance, improvement and beautification. (b) The ACC shall consist of the Lot Owners' or their designated representatives to the Association. In other words, the ACC shall function as a "committee of the whole" of the Association. For example, if there are eight designated different Owners of the eight Lots in the Subdivision, and each Lot Owner has designated one representative for the Association, the ACC shall consist of those eight representatives. A person or entity owning more than one Lot may designate one representative for each Lot owned or, alternatively, one representative for the aggregate of Lots owned, but in any case there shall be no more than one vote allowed per Lot. A Lot Owner may change or substitute their designated representative to the ACC at any time by advance written notification to all other Lot Owners, however, no such change shall affect decisions made by the ACC prior to such change. The Declarant shall serve as the ACC until the date of closing on the sale of the first Lot in the Subdivision; thereafter, the Declarant shall have one vote for each Lot retained by Declarant until all Lots are sold by it. (c) A Chairman shall be designated by the members of the ACC by majority vote. The Chairman shall conduct meetings and shall provide for reasonable notice to each member of the ACC prior to ACC meetings, setting forth the place and time of said meetings, which notice may be waived. The person elected Chairman shall serve in such capacity for a term of one (1) year or until such earlier time as he or she resigns as Chairman or a successor has been elected or appointed. The members of the ACC may also appoint any regular member of the ACC as Acting Chairman to perform the duties of Chairman. 5.03 Adoption of Standards. The ACC is authorized but not required to promulgate, adopt, and amend design standards consistent with these covenants and additional to those set forth in Article VI, specifying in detail the type and form of information that must be submitted for ACC review and approval. A current copy of the adopted, written design standards, if any, shall be furnished to each Lot Owner upon written request. 5.04 Applications for Review; Plans and Specifications. No improvements shall be constructed, erected, placed, altered, maintained or permitted on any Lot until plans and specifications with respect thereto in manner and form satisfactory to the ACC showing the proposed improvements, plat layout and all exterior elevations, materials and colors, signs and landscaping, traffic design, number and size and layout of parking spaces, grading, easements and utilities, proposed building use and number of employees, and such other information as may be requested by the ACC, have been submitted to and approved in writing by the ACC. Such plans and specifications shall be submitted in writing over the signature of the Owner of the Lot or the Owner's authorized agent, with copies furnished to each ACC member. Large WSD-Powerline coy enants- I Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 8 scale maps, blueprints and plans need not be copied for submittal to each member, but may be deposited concurrently with the Chairman of the ACC or, if the chairmanship is in doubt, deposited with another ACC member, with written notice to all other ACC members identifying with whom such materials were deposited. The ACC is authorized to establish a reasonable fee to be charged Lot Owners seeking review by the ACC to reimburse (but not compensate) members of the ACC for expenses incurred in reviewing applications and to pay for such professional or other assistance as the ACC deems necessary to assist it in reviewing applications. Such review fee shall be set forth in writing upon request by any Owner. Until receipt by the ACC of all required plans and specifications and other information required to be submitted as specified herein or in design standards hereafter adopted, the ACC may postpone review of any submittal for approval; provided, however, the ACC shall provide to the applicant in writing, within thirty (30) days of such postponement, a statement of all additional materials to be furnished by the applicant for the ACC to commence such review. 5.05 Voting. The affirmative vote or written consent of the ACC shall be as provided above in Section 4.05 for voting by members of the Association. 5.06 Delegation. The ACC may delegate all review functions established herein to one or more qualified professional(s) selected by the ACC, but shall not delegate the authority to promulgate design standards nor delegate final voting authority. 5.07 Exceptions. Alterations or remodeling which are completely within the interior of a building and do not affect the exterior appearance and are not visible from the outside shall not require ACC approval. 5.08 Approval Criteria Generally. Approval shall be based, among other things, on adequacy of building site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring buildings, operations and uses, and the visibility of and access to a proposed structure; relation of topography, grade and finished ground elevation of the building site being approved to that of neighboring building sites; and conformity of the plans and specifications to the purpose and general plan and intent of these covenants. The ACC shall not arbitrarily or unreasonably withhold approval of plans and specifications. 5.09 Review and Approval. (a) The ACC shall respond in writing to all applications for review and approval made in accordance herewith within forty-five (45) days of receipt thereof. If the ACC fails to approve or disapprove submittals within forty-five (45) calendar days after the same have been submitted, it shall be conclusively presumed that the ACC has approved the submittal, provided, however, that, if within said period the ACC provides written notice to the applicant that additional time is required for review, there shall WSD-Powerline coven is -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 9 be no presumption of approval until the expiration of such additional period of time as is set forth in the notice, such additional period of time not to exceed thirty (30) days. (b) The ACC shall respond in writing to the submittal in one of the following ways: (i) Approval as submitted. (ii) Approval with conditions. (iii) Deferral of action pending receipt and review of further information required by the ACC. (iv) Disapproval. (c) If approval is denied, the ACC shall furnish the applicant or its authorized agent with a written statement setting forth the reasons. Approval by the ACC shall extend to the design concepts and plans presented, but not necessarily to design details. Each applicant is responsible for ensuring that all design details and actual construction conform to the approved concepts and plans and to all applicable governmental authority and other land use requirements and restrictions. Decisions of the ACC shall be conclusive and binding on all interested parties. 5.10 Certificate of Compliance. Upon written request of any Owner, mortgagee, prospective Owner, tenant or prospective tenant of a Lot, the ACC shall issue an acknowledgment in recordable form, signed by the Chairman or Acting Chairman, setting forth generally whether said Owner is in violation of any of the terms and conditions of these covenants known to the ACC. Said written statement shall be conclusive upon the ACC in favor of the persons who rely thereon in good faith. Such statement shall be furnished by the ACC within a reasonable time, but not to exceed thirty (30) days from the receipt of a written request for such written statement. In the event the ACC fails to furnish such statement within said thirty (30) days, it shall be conclusively presumed that said Lot is, to the best of the ACC's knowledge, in conformity with all of the terms and conditions of these covenants. 5.11 No Waiver of Future Approvals. The approval or consent of the ACC to any plans or specifications for any Improvement or use of a Lot in connection with any matter requiring the approval or consent of the ACC, shall not be deemed to constitute approval of, or a waiver of the right of the ACC to withhold approval or consent to any other plans or specifications for that Improvement or Lot use, or any plans or specifications for any other Improvement or Lot use, or any other matter whatever subsequently or additionally submitted for approval or consent by the same or a different person. WSO-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 10 5.12 Obligations with Respect to Zoning and Subdivision. All Improvements and uses of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. The ACC shall have the right to withhold its approval of any submittal if the proposal would result in the violation of, or would be inconsistent with, zoning, land use or subdivision regulations or conditions, or if the Lot Owner has otherwise failed to comply with these Covenants. 5.13 Declarant Not Liable. Declarant shall not be liable for any damage or loss to person or property claimed to arise on account of: (a) The approval or disapproval of any plans, drawings or specifications; (b) The construction of any improvement, or performance of any work, whether or not pursuant to approved plans, drawing or specifications; or (c) The development of any lot within the Subdivision. 5.14 Construction Commencement. No Improvement of any kind shall be commenced on any Lot until the provisions of this Article V have been met to the satisfaction of the ACC or waived in writing by the ACC. If any Improvement is erected, placed, or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the ACC pursuant to the provisions of this Article V, such alteration, erection, placement, maintenance, or use shall be deemed to have been undertaken in violation of these Covenants and, upon written notice from the ACC or the Association, any such Improvement so altered, erected, placed, maintained, or used upon any Lot in violation hereof shall be removed or altered so as to conform to these Covenants, and any such use shall cease or be amended so as to conform hereto. If removal or alteration is not accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to enforcement as provided for herein and as may otherwise be permitted by law. 5.15 Proceeding with Work. Upon receipt of written approval from the ACC, the applicant to whom approval is given, shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one (1) year from the date of approval, and if not so commenced approval shall be deemed revoked unless the ACC, pursuant to written request made and received prior to the expiration of said one (1) year, extends in writing the period of time for commencement of work, which extension may be granted at the discretion of the ACC. For purposes of this Declaration, the term "commencement of work" shall mean, if the WSD-Powerl inc cov cnanis- 1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 11 improvement is a building, the completion of foundation, and, if the improvement is not a building, the expenditure of twenty percent (20%) of the proposed budget for the improvement. All new Improvements approved by the ACC shall be completed on or before twelve (12) months from the commencement of the work; all repairs or alterations of Improvements shall be completed within three (3) months of commencement. For purposes of this Declaration, completion of the work shall mean issuance of a permanent certificate of occupancy. 5.16 Modification or Waiver of Submission Requirements. The ACC, in its sole discretion, may waive or excuse compliance with all requirements for submittals as set forth herein and/or in design standards adopted hereafter, if the ACC determines in writing that some or all of the information or materials required are not necessary or appropriate in specific situations, and in such situations the ACC may establish and permit compliance with different or alternative submittal requirements that are set forth in writing with the reasons for such modification or waiver. 5.17 Additional Submittal Requirements. In addition to the foregoing submittal requirements, the ACC may promulgate and adopt, as part of the ACC design standards, additional submittal requirements not inconsistent with these covenants. Such requirements may include, but are not limited to, submission of sketch plans and construction drawings at various stages, and may establish periods of validity for approvals of submissions. The ACC may delegate to its staff and/or consultants the authority to preliminarily approve or disapprove submittals, provided that the application shall be deemed approved only upon action of the ACC. ARTICLE VI CONSTRUCTION AND DESIGN STANDARDS 6.01 Construction Standards. Construction or alteration of any Improvements) shall meet the standards set forth in these covenants and shall promptly and diligently be completed in accordance with plans and specifications approved by the ACC. For the purposes of these covenants, when a construction material is specified herein, another material may be used in lieu thereof, provided such material is determined by the ACC to be equivalent or superior to the specified material. 6.02 Finishes. All buildings (including parking garages) shall have exterior walls (including rear walls) of face brick, stone, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. If exterior walls are concrete they must have a WSL3-Powerlhie covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 12 sandblasted, bushhammered or exposed aggregate finish. No building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel except where necessary to maintain corporate or business identity (in which event the extent and impact of the coverage will be limited to cosmetic identification needs). Where an Owner proposes to substitute a material that is equivalent to the finishes specifically permitted above in this Section 6.02, the ACC will review such alternative finish and make a determination of its acceptability. In the event the ACC determines such alternative material is acceptable, then such alternative material shall be permitted to the extent provided in the plans and specifications with respect thereto approved by the ACC. Metal roofing shall be of a permanent finish type, where natural galvanized type finishes are prohibited. All exterior finishes shall he designated in the plans and specifications submitted to the ACC. 6.03 Sidewalks. Sidewalks of design standards and in locations approved by the ACC or otherwise required by the County shall be maintained by each Owner. 6.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed shall be landscaped in accordance with landscape plans approved by the ACC. The ACC may require additional tree and/or shrub planting to achieve adequate screening. An irrigation system approved by the ACC shall be installed in all landscaped areas. Landscaping in accordance with the plans and specifications approved by the ACC must be installed within thirty (30) days following the occupancy of any Improvement on a Lot. This period may be extended by the ACC in the event of delays caused by adverse weather conditions including, without limitation, seasonal conditions unfavorable for planting, or other causes beyond the reasonable control of the Owner. 6.05 Screening. All service areas shall be screened from public view by screens, landscaping, walls, fences or other devices, as approved in writing by the ACC. Without limitation of the foregoing, all trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures which shall not be visible from any dedicated street. Where reasonably possible, truck doors shall not face a public street. All landscaping material used for purposes of screening shall be in compliance with ACC approvals. Service areas shall be screened as required by the ACC, and shall be contained on fully -improved site areas consisting of reinforced concrete paving areas with integrated, internal, sub -surface drainage systems in compliance with prevailing codes and regulations. Where reasonably possible, rear service entrances to Improvements shall be screened from the view of sidewalks or public thoroughfares. 6.06 Illuminations. Overnight security type lighting, and lighting of parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spill or glare onto adjacent Parcels. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 13 6.07 Utilities. All pipes, conduits, cables or lines for water, gas, sewage, steam, electricity, telephone or any other energy or service serving any Lot from any main trunk line or easement shall be installed and maintained below ground, unless otherwise approved in writing by the ACC. 6.08 Grading and Drainage. Surface drainage on each Lot shall be collected on site and connected to underground or above ground storm drain structures. The plans and specifications for Improvements on any Lot shall reflect the grading, drainage, site stabilization, plumbing system, paving and curb cuts on or for such Lot. 6.09 Utility Lines and Antennas. Sewer, drainage or utility lines or wires or other devices for the communication or transmission of electrical current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained either within buildings or structures or in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures unless approval for such construction, placement or maintenance above ground is obtained by the Owner from the ACC. No antenna or microwave dish for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any building or other improvements within the subject property unless the consent of the ACC shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of Improvements on the subject property. 6.10 Signs. All signs shall conform with written sign standards adopted by the ACC and all applicable codes, laws and governmental regulations. ARTICLE VII MAINTENANCE AND OPERATION ACTIVITIES - CRITERIA 7.01 Construction Period. During construction of any Improvements, supplies and equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned, free from plants infested with noxious insects or plant diseases and from weeds which are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which may cause danger of fire. 7.02 Site and Building Maintenance. All Owners shall at all times keep their premises, buildings, Improvements, and appurtenances including parking areas in a safe, WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 14 clean, and neat condition; shall remove, replace, or repair all such items or areas not in such condition; and shall comply in all respects with all government, health, police and safety requirements and with such maintenance standards as may be established by the Association. Each Owner shall remove at its own expense at least once a week all rubbish or trash of any character that may accumulate on its property and shall keep unimproved areas maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. Site and building maintenance as described in this Section 7.02 is additional to shared maintenance of access easements as set forth in Article XI. 7.03 Landscape and Grounds Maintenance. All landscaping or unimproved ground on all Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall include, but not be limited to, mowing, trimming, adequate irrigation, replacement of dead, diseased, or unsightly landscaping, removal or control of weeds from planted areas, and appropriate pruning of plant materials. 7.04 Additional Maintenance and Operation Activity. In addition to the foregoing maintenance and operation activity standards, the ACC may promulgate and adopt, as part of ACC design standards, additional maintenance and operation activity criteria that are not inconsistent with the criteria set forth in this Article and that implement the purposes of these covenants. 7.05 On -street Parking. No parking shall be permitted on any platted access drive or easement as shown on the final plat of the Subdivision or at any location other than the paved parking spaces approved for a Lot, unless otherwise specifically approved in writing by the ACC. Each Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees and guests. Owners or users of vehicles parked in violation of this provision shall be subject to the sanctions provided by governmental ordinance, if any, that prohibit or restrict such parking, and regardless of the existence of any government sanctions, the vehicle so parked shall be subject to removal at the Lot Owners' expense at the direction of the Association or ACC or any of its representatives. 7.06 Variances. The ACC may authorize variances in compliance with any of the maintenance and operation activity criteria set forth in this Declaration or in any additional criteria promulgated and adopted as part of the ACC design standards when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental objectives or considerations may warrant, in the sole discretion of the ACC. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 15 7.07 Remedies for Failure to Maintain and Repair. (a) Remedies. If an Owner or its tenant(s) fails to perform the maintenance and repairs required by these covenants or the Association, then the Association, after fifteen (15) days prior written notice to the Owner, shall have the right but not the obligation to perform such maintenance and repair and to charge said delinquent Lot Owner with the cost of such work together with the interest thereon at the maximum statutory rate from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by Owner. If the delinquent Owner fails to reimburse the Association for such costs within ten (10) days after demand therefor, the Association may vote to approve the recording of a lien therefor, and upon approval may file for record in the office of the Clerk and Recorder for Garfield County, Colorado, a notice of lien signed by an authorized representative of the Association for the amount of such charge together with interest thereon, which notice shall contain: (1) a statement of the amount unpaid and the interest accrued thereon; (2) a legal description of the property owned by the delinquent Owner; and (3) the name of the delinquent Owner. Such notice of lien shall be effective to establish a lien against the interest of the delinquent Owner in the Lot(s) together with interest at the maximum statutory rate on the amount of such advance from the date thereof, administrative fees, recording fees, cost of title search obtained in connection with such lien and the foreclosure thereof, and court costs and reasonable attorneys fees that may be incurred in the preparation and enforcement of such a lien. All unpaid amounts shall constitute a personal and direct obligation of the Lot Owner to the Association. (b) Foreclosure of Lien. A lien, when so established as provided above, shall be prior and superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached subsequent to the time of filing such claim for record. Any such lien shall be for the benefit of the Association and may be enforced by foreclosure, in like manner as a mortgage on real property is foreclosed under the laws of the State of Colorado. In any such foreclosure, the delinquent Owner shall be required to pay all Association costs and reasonable attorneys' fees in connection with the preparation and filing of the notice, as provided herein, and all costs and reasonable attorneys' fees incurred by the Association in connection with the foreclosure. The Association shall notify all mortgagees of record of the Lot, if such encumbrance contains an address. All unpaid amounts shall also be the personal and direct obligation of the Owner thereof and reasonable attorney's fees and costs as aforesaid for such unpaid amounts may be brought without foreclosing or waiving the lien securing same. The Association shall have the power to bid on the liened property at any foreclosure sale, and to acquire, lease, mortgage and convey the same. (c) Cure. If the reason for which a notice of lien has been recorded is cured, the Association shall promptly record a release of such notice, upon payment by the delinquent WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 16 Owner of the costs of preparing or recording such release, and such other reasonable costs, attorneys' fees, interest or expenses as have been incurred by the Association. (d) Non-exclusive Remedy. The foregoing lien and the rights to foreclosure thereunder shall be in addition, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid amounts due. ARTICLE VIII LIMITATION OF LIABILITY 8.01 No Individual Liability. Neither the Association, nor any member thereof or of the ACC, nor any agent or employee or representative of the Association shall be liable to any Owner or other person or entity for any action or failure to act with respect to any matter coming before the Association, if the action taken or failure to act was made in good faith and without willful or intentional misconduct. The Association shall indemnify and hold harmless all members, agents, employees and Association representatives from any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands or judgments, and any and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or settlement of any action arising out of or claimed on account of any act, omission, error or negligence of such person or of the Association or the ACC, provided such person acted in good faith and without willful or intentional misconduct. 8.02 No Association Liability. The Association shall not be held liable for injury or damage to person or property caused by the condition of any Lot or by the conduct of specific Lot Owners or their tenants, agents, employees and other representatives. ARTICLE IX MINING 9.01 Subject to reservations of record prior to this Declaration, no oil, natural gas, petroleum, sand, gravel, or other mineral substance shall be produced from any well. mine, or shaft located upon, in or under the Lots; no derrick or other structure designed for use in or used for boring or drilling for oil, or natural gas shall be permitted upon or above the surface of the Lots. WSY}-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 17 ARTICLE X WATER AND SEWER 10.01 Water Supply. The potable water supply for the Subdivision shall be provided by three wells, to be shared as provided in this article. WATER SUPPLY FOR LOTS 1, 2 AND 8 10.01.01. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as "Well No. 3")has been constructed on the southerly portion of Lot 2 and operates pursuant to Colorado Division of Water Resources Well Permit No. 053267-F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of the Well is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908092RK(a). The owners of Lots 1, 2 and 8 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 3, the well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each Lot owner shall be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 3 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owners of Lot 1 and Lot 8 are hereby granted perpetual and non-exclusive easements over and across Lot 2 for the installation, use, maintenance, repair, service and replacement of Well No. 3 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lots I and 8, respectively, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereot). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major Landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 18 established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly --connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.02. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 3, the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 1, 2 and 8. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 1, 2 and 8 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the Well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.03. Use of Water. The owners of Lots 1, 2 and 8 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 3 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from Well No. 3 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 3 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. 10.01.04. Installation of Facilities. The owners of Lots 1, 2 and 8 may install a power source, meter, pipelines and other facilities in and to Well No. 3 to serve their respective Lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to WSD-Powerline covennts-I Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 19 existing facilities that may be caused by connecting thereto. WATER SUPPLY FOR LOTS 3, 4 AND 5 10.01.05. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 2") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 053268- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of one acre foot per year for drinking and sanitary purposes inside commercial businesses. Operation of Well No. 2 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 9908093RK(a). The owners of Lots 3, 4 and 5 each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 2, the well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each Lot owner shall be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 2 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 3 is hereby granted a perpetual and non-exclusive easement over and across Lots 4 and 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 3, such easement being no more than twenty (20) feet in width. The owner of Lot 4 is hereby granted a perpetual and non-exclusive easement over and across Lot 5 for the installation, use, maintenance, repair, service and replacement of Well No. 2 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 4, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 20 interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.06. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 2, the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 3, 4 and 5. Such costs shall be allocated one-third to each Lot owner, except that each Lot owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots 3, 4 and 5 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 2 and common facilities. if an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.07. Use of Water. The owners of Lots 3, 4 and 5 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 2 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from. Well No. 2 (up to their limit) as needed so long as diversions from the Well at no time exceed 15 g.p.m. and total annual diversions do not exceed 1.0 acre feet. If, from time to time, Well No. 2 does not provide water at the rate of 15 g.p.m., each Lot owner shall be entitled to its pro -rata share of the available water. 10.01.08. Installation of Facilities. The owners of Lots 3, 4 and 5 may install a power source, meter, pipelines and other facilities in and to Well No. 2 to serve their respective Lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. WS D-Powerl ine covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 21 WATER SUPPLY FOR LOTS 6 AND 7 AND FOR FIRE PROTECTION 10.01.09. Ownership of Well and Appurtenant Facilities: Easements for Pipelines. A water well (referred to herein as the "Well No. 1") is permitted for construction on the southerly portion of Lot 5 and will operate pursuant to Colorado Division of Water Resources Well Permit No. 052691- F, which authorizes withdrawal of up to 15 gallons of water per minute with a maximum of two (2) acre feet per year for drinking and sanitary purposes inside commercial businesses and for fire protection purposes. Operation of Well No. 1 is dependent upon maintenance of West Divide Water Conservancy District Water Allotment Contract No. 990612RK(a). The owner of Lot 6 and the owner of Lot 7 and the BOA each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to Well No. 1, the well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well, provided, however, that the owners of Lot 6 and Lot 7 shall each be entitled to the withdrawal and use of up to 0.33 acre feet annually from Well No. 1 and the BOA shall be entitled to withdraw and use up to 1.33 acre feet annually from Well No. 1 for fire protection purposes. The owners of Lots 6 and 7 shall each be solely responsible for installing, maintaining and operating a pipeline and related facilities as may be necessary or desirable to convey water from Well No. 1 to said owner's Lot. Each Lot owner shall be the sole owner of any and all facilities used exclusively for the benefit of said Lot, including individual service lines and storage tanks. The owner of Lot 7 is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of the Well and delivery of water to Lot 7, such easement being no more than twenty (20) feet in width. The BOA is hereby granted a perpetual and non-exclusive easement over and across Lot 6 for the installation, use, maintenance, repair, service and replacement of Well No. 1 and for pipelines, power lines and other facilities necessary for the proper operation of Well No. 1 and delivery of water to the Fire Protection Pond, located as shown on the plat for the Subdivision, such easement being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the following criteria: Where possible, all utilities, including water lines, shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible or reasonably practicable, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed improvements and that will WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 22 cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 10.01.10. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with Well No. 1 , the pump, meter and appurtenant facilities for the withdrawal of water from the Well shall be shared equally by the owners of Lots 6, 7 and the BOA. Such costs shall be allocated one-third to each Lot owner and one-third to the BOA, except that each party shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such party, including individual service lines and storage tanks. The owners of Well No. 1 shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of Well No. 1 and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners. 10.01.11. Use of Water. The owners of Lots 6 and 7 shall each be entitled to use up to 0.33 acre feet annually of water from Well No. 1 only for uses authorized by the well permit, which are currently limited to drinking and sanitary purposes inside commercial businesses. The BOA shall be entitled to use up to 1.33 acre feet annually of water from Well No. 1 for the purpose of filling and maintaining the water level in the Fire Protection Pond. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of Lots 6 and 7 and the BOA shall be entitled to use so much of the water from Well No. I (up to their limit) as needed so long as diversions from Well No. 1 at no time exceed 15 g.p.m. and total annual diversions do not exceed 2.0 acre feet. If, from time to time, Well No. 1 does not provide water at the rate of 15 g.p.m., each Lot owner shall WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 23 be entitled to its pro -rata share of the available water. 10.01.12. Installation of Facilities. The owners of Lots 6 and 7 and the BOA may install a power source, meter, pipelines and other facilities in and to Well No. 1 to serve their respective Lots and the Fire Protection Pond. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 10.02 Conservation. Declarant recognizes that water is scarce in Colorado and desires to promote water conservation practices wherever practicable throughout the development of the Lots. To that end, Owners and their agents are encouraged to meet as early as possible with the ACC to determine the best possible use of water conservation methods for the Owner's particular proposed Improvement(s) including, but not limited to, placement of Improvements on the Lot, use of native or drought -tolerant grasses to minimize the need for irrigation and the use of water conservation devices within the Improvements. 10.03 Fire Protection. A water supply for fire protection purposes within the Subdivision is provided by a Fire Protection System comprised of a Fire Protection Pond located at the north end of the access road as shown on the Subdivision plat, water lines, hydrants and other related facilities. The water supply for the Fire Protection. Pond shall be provided from Well No. 1, as described in sections 10.01.09 - 10.01.12, herein. The Association shall be responsible for maintaining the Fire Protection System, including but not limited to filling and maintaining the Fire Protection Pond, at all times. 10.04 Potable Water Treatment Monitoring. To the extent that reverse osmosis or other water treatment systems are required to be installed for improvements on each Lot, the Association shall annually inspect the condition of each such system within the Subdivision to ensure that each such system is functioning properly to supply potable water to such improvements. If required by the Association, a Lot Owner shall make such repairs or improvements to the water treatment system as are necessary to provide potable water. 10.05 Sewage Collection. Sewage treatment service is provided to each Lot within the Subdivision pursuant to an Agreement with Wastewater Treatment Services, LLC. No non- domestic wastes may be disposed of through the central sewer system. All Lot Owners shall at all times be in compliance with this and all other applicable provisions of said Agreement, as the same may be from time to time amended. The Association shall be responsible for monitoring the terms of and compliance with the requirements of said Agreement. WSD-Powerline coweriants-I Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 24 AR`T`ICLE XI EASEMENTS FOR ACCESS AND UTILITIES 11.01 Access. The Declarant hereby reserves, grants and establishes for the benefit of each Lot and all Lots within the Subdivision a nonexclusive, common and perpetual easement for ingress and egress over and across such Lots as are burdened with the access road as shown on the final plat of the Subdivision. 11.02 Utilities. The Declarant hereby establishes for the benefit of each Lot and all Lots within the Subdivision nonexclusive, common and perpetual easements for the location of utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication, and cable service. The location of such easements shall be in conformity with the final plat for the Subdivision, these covenants, and the approval of the ACC. 11.03 Maintenance of Easement Areas; Shared Expenses. The Association is authorized to retain, hire or otherwise contract with one or more persons or entities, from time to time and as needed, to service, maintain, repair and improve the access road and right of way described on the final Subdivision plat, provided, however, that Declarant shall bear the cost of initial construction of any extension of said access road beyond Lots 1, 2 and 8. Services for which the Association shall be responsible shall include, without limitation: snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as well as landscaping within the Landscape, Utility and Drainage Easement along Highway 6, as shown on the final Subdivision plat. ARTICLE XII INSURANCE; EMINENT DOMAIN 12.01 All Owners shall keep and maintain fire and casualty insurance upon all Improvements upon their Lots to the full insurable value thereof, as well as public liability insurance and such other lines of insurance as may he necessary and proper to insure the risks associated with the activities upon an Owners' Lot. Each Lot Owner shall name the Association as an additional insured on all casualty and public liability insurance policies maintained for a Lot. 12.02 If there is a complete taking of a Lot by any governmental body, then the Owner of such Lot shall be excused from obligation under these covenants subsequent to the taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no effect upon such Owner's rights and obligations hereunder. WS [)-Powerl i ne c ova en an is -1 Powerline Professional Park Subdivision Declarattion of Covenants, Conditions and Restrictions Page 25 ARTICLE XIII TERM AND AMENDMENT 13.01 Term. This Declaration, including all the covenants, conditions, and restrictions hereof, shall run with and bind all property and interests therein that are a part of the Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be renewed automatically from year to year unless sooner amended or terminated as hereinafter provided. 13.02 Amendment. This Declaration may be amended or terminated by an instrument executed and acknowledged by each record Owner, evidencing the approval by four votes in the Association (based upon one vote per Lot) and recorded with the Clerk and Recorder of Garfield County, Colorado. Amendments made pursuant to the provisions of this Article shall inure to the benefit and be binding upon all property and interests therein that are part of the Subdivision. A certificate of a title insurance company qualified to do business in the State of Colorado or a licensed abstract company showing record Ownership of the land shall be conclusive evidence of such Ownership and status for voting purposes. ARTICLE XIV ENFORCEMENT 14.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions, and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the Association acting for itself or on behalf of all Owners. Each Owner, by acquiring an interest in a Lot, shall be conclusively deemed to appoint irrevocably the Association as his or its trustee for such purposes. Violation of any condition, covenant, restriction, or reservation herein contained shall give to the Association and to the Owners, or any of them, the right to bring proceedings at law or in equity against the party or parties violating or intending to violate any of the said covenants, conditions, restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such covenants, conditions, restrictions, and reservations shall give to the Association acting as the trustee the right to enter upon the premises on which the violation is occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner thereof any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof. Every act, omission to act, or condition that violates the covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisances shall be available to the Owners and the Association. WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 26 In any such action to enforce these covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. Such remedies shalt be cumulative and not exclusive. The failure of the Owners or the Association to enforce any of the conditions, covenants, restrictions, or reservations herein contained shall in no event be deemed a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions, or reservations, and the Owners or the Association shall not be liable therefor. ARTICLE XV MISCELLANEOUS PROVISIONS 15.01 Severability; Construction. Invalidation of any of these covenants or any provision hereof by a court of competent jurisdiction shall not affect any of the other provisions hereof which shall remain in full force and effect. 15.02 Government Regulations. If an applicable county, municipal, or other governmental regulation, rule, code, ordinance, or taw is more restrictive in any respect than these covenants, it shall supersede these covenants and govern at all times. 15.03 Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit, or describe the scope and intent of the particular paragraphs to which they refer. 15.04 Notice. Any notice required or permitted herein shall be in writing and mailed, postage prepaid by registered or certified mail, return receipt requested, or hand delivered, and shall be directed as follows: If intended for a Lot Owner or their designated representative, then: (1) to the mailing address furnished by the Lot Owner to the members of the Association; or (2) if no mailing address has been specifically furnished by a Lot Owner to the members of the Association, then to the Lot itself if the Lot is improved and occupied by the Lot Owner; or (3) if the Lot is unimproved or not occupied by the Lot Owner, then to the mailing address of record for the Lot Owner maintained in the records of the Garfield County Assessor. 15.05 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. 15.06 Incorporation of Plat Notes. All notes, terms and conditions set forth on the recorded Final Plat of the Subdivision are incorporated herein by reference. To the extent a WSD-Powerline covenants -1 Powerline Professional Park Subdivision Declaration of Covenants, Conditions and Restrictions Page 27 conflict arises between these covenants and the notes, terms and conditions of the final plat, the notes, terms and conditions of the final plat shall control. 15.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth in this Declaration shall run with the land described in Exhibit "A," such being all of the Lots within the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest whatsoever in said real property or any part thereof, and shall inure to the benefit of, be binding upon, and enforceable at law or in equity, as set forth hereinafter, by the Declarant, its successors in interest and grantees, each Owner and his or its successors in interest and grantees, and the Association acting on behalf of all Owners. 15.08 No Public Dedication. Unless otherwise expressly stated herein, nothing herein shall constitute or be construed as a dedication for the public. IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions and Restrictions for the Powerline Professional Park Subdivision this day of , 2000. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. WESTERN SLOPE DEVELOPMENT CORP. a Colorado corporation By: The foregoing instrument was acknowledged before me this day of , 2000, by in his capacity as of Western Slope Development Corp., a Colorado corporation, the Declarant. Witness my hand and official seal. My commission expires: Notary Public WS L)-Powerline covenants -1