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HomeMy WebLinkAbout1.0 ApplicationSUBDIVISION NAME: OWNER: Bob Regulski P.O. Box 8, Rifle, Colorado 81651 Knight Planning Services, Inc. (970) 328-6299 SurvCo., Inc. (970) 928-8233 Township 6 South Range '92-w0 t • Sketch Plan Preliminary Plan Final Plat x SUBDIVISION APPLICATION FORM Riverview Ranch Subdivision ENGINEER/PLANNER/SURVEYOR: LOCATION: Section 12 WATER SOURCE: Wells SEWAGE DISPOSAL METHOD: ISDS PUBLIC ACCESS VIA: Garfield County Road #335 EXISTING ZONING: Agricultural / Industrial (A/I) EASEMENTS: Utility See Final Plat Ditch See Final Plat TOTAL DEVELOPMENT AREA: (1) Residential Single Famiy Duplex Multi -family Mobile Home (2) Commercial (3) Industrial (4) Public/Quasi-Public (5) Open Space/Common Area TOTAL: Number 6 Lnts Acres 38.996 Floor Area Acres sq.ft. 0 sq.ft. 0 n 38.996 PARKING SPACES: Residential 1 space per 600 sq. ft. of residential floor space. Commercial Industrial Tannin services, inc. June 27, 2000 Mark Bean, Director Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Riverview Ranch Final Plat Dear Mark: Please find attached three copies of the application, maps, and other supplemental information for the Final Plat submittal for the above referenced project. The Final Plat fee of $200.00 is also included. The Board of County Commissioners on June 5 of this year approved the Preliminary Plan for the project. In addition to addressing all of the Final Plat requirements, as described in Section 5.20 of the Garfield County Subdivision Regulations, the Supplemental Information as noted in Section 5.30 has been addressed as follows: A. Engineering plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements marked "Approved for Construction." Response: Properly marked final engineering plans and cost estimates for roads, utilities and drainage systems prepared by project engineer Enartech have been attached to the submittal package. B. Subdivision Improvements Agreement and Consent to Vacate the Final Plat executed between the subdivider and the County. Response: A draft SIA, containing a "Consent to Vacate the Final Plat" section, is attached. C. Certification of the County Treasurer's Office that all applicable ad valorem taxes have been paid prior to that in which the subdivision approval is granted. Response: Certification from the County Treasurer's office that all applicable taxes have been paid is attached. D. Copy of subdivision covenants. Response: A signed copy of the subdivision Covenants, along with the Articles of Incorporation for the Homeowner's Association and a draft of the Bylaws of the Association, has been attached. 1 box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 • • E. Evidence that all services, including water, sewage disposal and roads, comply with state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the manner permitted by zoning and covenants affecting the lots. Response: Electric, telephone and natural gas service are available on or adjacent to the property and will be extended along Riverview Ranch Road to provide service to the Lot 1-5 building envelopes. These utilities, with the exception of natural gas, are currently available on Lot 6 and natural gas will be extended to Lot 6 when the road is constructed. Each lot will have an individual sewage disposal system (ISDS). Percolation testing completed by Hepworth-Pawlak Geotechnical for the Preliminary Plan indicates that percolation rates will allow for standard systems on the site. ISDS on Lots 1-5 will be designed by a civil engineer. Water on the lots will be provided by individual wells. Division 5 Water Court has approved a final water decree for the subdivision. A test well has been drilled on Lot 6 and Grand Junction Laboratories have tested water from this well to state level drinking standards. This information is included in the covenants. The test well pumped at over 30 gallons per minute and contained water suitable for residential use. In the covenants, in-house treatment of all ground water is required, including "filtration, chlorination, and softening, with reverse osmosis treatment provided for drinking water." There will be driveway access to Lot 6 from County Road 335 and the other lots will be accessed from the internal loop road on the site, Riverview Ranch Road. The access points for the subdivision from County Road 335 have been approved by Garfield County Road and Bridge. Water service, sewage disposal service, road access and other necessary services for this subdivision will comply will local and state laws and regulations and will be available to each lot. F. Approved site location approval from the Colorado Department of Health, Water Quality Control Division. Response: Project engineer Enartech has indicated that a site location approval from the state is not currently required for this project. G. Written evidence of an adequate legal supply of water shall be provided in a form consistent with the requirements of the resolution approving the Preliminary Plan, the report of the State Engineer submitted for consideration at Preliminary Plan review, and the requirements of this section. Etc.. Response: The final decree for the application for underground water rights and plan for augmentation was approved by the judge for Division 5 Water Court on May 31, 2000 and provides written evidence of an "adequate legal water supply." A copy of this decree is attached herein. A contract from the Colorado Water Conservation District providing for the augmentation water needed to implement the plan is included as well. Applications for well permits based on this plan have been submitted to the State Division of Water Resources and should be received within the next 30-60 days. H. School site approval or cash in lieu and fire district impact fees based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. 2 • • Response: At the Preliminary Plan hearings, Staff recommended that a cash -in -lieu fee of $200 per new parcel be assessed for school impact fees, for a total of $1000 for this property. I. Management plan for the operation and maintenance of individual sewage disposal system. Response: A management plan for the operation and maintenance of the ISDS within the subdivision is contained in Section 8 of the Protective Covenants. In the approval of the Preliminary Plan application, a number of conditions were attached to the approval that required additional information and response at the fmal plat. These include the following: 2. The applicant shall conduct a noxious weed survey and submit a weed management plan to the Garfield County Vegetation Manager and obtain written approval from him prior to Board of County Commissioners approval of the fmal plat. The plan shall be incorporated into the covenants. Response: A noxious weed survey was conducted the week of June 15, 2000 by Steve Anthony of the Garfield County Vegetation Management Department. The survey revealed the presence of only one noxious weed from the Garfield County Noxious Weed List on Riverview Ranch. This was Russian Knapweed. The applicant has followed up on the management of this noxious weed by completing a "2000 Garfield County/Soil Conservation Districts Weed Cost Share Application". The applicant will be enrolled in the fall management session for this program. In addition, a Noxious Weed Management Plan has been prepared for the Riverview Ranch site and is included as an exhibit to the submitted covenants. The plan calls for the Homeowner's Association to monitor the site on a regular basis for the presence of noxious weeds. A copy of this plan has been forwarded to Mr. Anthony for review and comment. If there are any changes to the plan based upon this review, these will be immediately forwarded to staff. 5. Section 8 of the covenants shall be amended to include a statement that the ISDS for Lots 1-5 must be engineered and designed by a Colorado registered professional engineer, with effluent screens on the discharge from the septic tank and a minimum setback of 25' from buildings. Response: Section 8.1.6 has been added to the covenants to reflect these statements. 6. The covenants shall be amended to reflect the accessory dwelling unit standards contained in Section 5.03.021 of the Zoning Resolution. Response: Section 5.12 has been added to the covenants to include the accessory dwelling unit standards contained in the Garfield County Zoning Resolution. 7. Enartech's recommendations shall be followed. In-house water treatment including filtration, chlorination, softening, and reverse -osmosis treatment shall be required and reflected in the covenants. Future water lines shall be sleeved and the utility plan will be revised accordingly for the final plat submission. 3 • • Response: Section 23.1 of the covenants has been added to reflect the in-house water treatment requirements. The utility plan has been revised to include sleeves for the future water lines from the wells. 9. The applicant shall submit an approved CDPES permit, if it is required by newly adopted regulations, at the time of final plat application. Response: As noted previously, this state site application is not required for the Riverview Ranch project. 10. In addition to the plat notes currently shown on the preliminary plan, the recommended plat notes as contained in the staff report (Section IV.P) shall be shown on the final plat. Etc.. Response: The plat notes indicated in this section of the staff report have been added to the final plat as notes 14 through 18. 11. The covenants shall be amended to note: a) That a site specific grading and drainage plan, designed by a Colorado registered professional engineer shall be required at the time of building permit application. b) The water quality tests for the Lot 6 test well and recommendations for treatment by Enartech be included in the covenants. c) The estimated worst case cost of the placement of a revetment along the Colorado River bank, if it becomes necessary to build the structure, to prevent any further erosion. Response: Section 5.13 has been added to the covenants requiring the site specific grading and drainage plan. The water quality test information has been added to the covenants as Exhibit C. The estimated worst case cost of a revetment along the Colorado River bank has been added to Exhibit A of the covenants, the River Bank Erosion Monitoring Plan. I believe that the information attached and presented herein covers the information required at Final Plat submittal. Please feel free to contact me should you have any questions or if you need additional copies of any of the submittal information. Thank you. Sincerely, Stephen R. Wujek Knight Planning Services 4 GROSS F 11/F O 0 . < 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 ? T 4, Ss10 • • February 7, 2001 Mr. Robert M. Regulski 0045 Mid Valley Drive New Castle, CO 81647 Re: Riverview Ranch Subdivision Dear Bob: This letter is in reference to completion of work on the above mentioned project. Holy Cross Energy has received the estimate cost for construction of the project. The conduit and vault system have been installed as Holy Cross directed. The installation of wire and transformers will be installed by Holy Cross as soon as weather condition permits us to do so without causing damage to the lots and road. Should you have any questions, please feel free to call. Sincerely, HOLY CROSS ENERGY Buzz Quaco, Staking Engineer BQ:vw Enclosure W/0#01-16797:07-40:Riverview Ranch quaco\Regulski C) • • PUBLIC SERVICE COMPANY OF COLORADO'" February 7, 2001 Robert Regulski POBox9 Rifle, CO 81650 Dear Mr. Regulski, Western Division 1995 Howard Avenue Rifle, Colorado 81650 The natural gas distribution main to serve Riverview Ranch Subdivision on County Road 335, Silt was completed 9-19-2000. All your costs were paid prior to construction and this gas main is ready to have services attached as soon as the residences are built. Sincerely, --/i4/11 .96" -e --e Harold Ball Planner, New Services ROBERT M REGULSKI RIFLE SKI CORP. P 0 Box 9 Rifle, Co 81650 PAY TO THE ORDER OF DATE Ap ine B 100 E. 4O 81650 RRI0) 02 9610 �® (870) 826-9810 • Info -Lina (970) 9 W � 1601 82-340/1021 Vc DOLLARS Bs °""1Ba1: n 3 11100 ).60 Ln' is LO 2 L0 340 74: L4 0 00 6 6 90o RECEIVE® DEC 0 5 200? 82-340/1021 PAY TO THE ORDER OF Alpine Bank S :.s F mea oer.ns o� e.a. 100 E. 41h Street Rltie, CO 81650 •® (970) 825-9610 • Alpine Into -Line (970) 945-4433 a ROBERT M REGULSKI RIFLE SKI CORP. P 0 Box 9 Rifle, Co PAY TO THE ORDER OF 2 DATE 1505 82-340/1021 100 E.4th - treat65ifle, CO. 11.0® R(970) 625-'9610 • Alpine Info -Line (970) 94 433 •0015050 1: L0 2 L034074 L43.4006690 DOLLARS �- oeidas o� nerx- ....r,. .. _ ... w AC ac ...., . ,..... _............. .. .. - DATE ti .u..... ..z . �- .......,.... _ 1506 82-340/1021P0Box9 z' ROBERT M REGULSKI RIFLE SKI CORP. Rifle, Co 81650 PAY TO THE OF / tr �� / /LEAKS ear:: ORDER 5 / ' .�� ,� i✓ " Illi A•ine: nk� 100 . 4th Street41 e CO 9161 I.® (970) 625_961060 • Alpine Info -Line (970) 945-4433 FOR L4 ' ,t.RIP r 40066901/ 1 —-..��_s.... , _.R ...... . 11.00 L50611° is L02034071: © HARLAND Style 2 .1,01LCS ROBERT M REGULSKI RIFLE SKI CORP. P 0 Box 9 Rifle, Co 81650 PAY TO THE ORDER OF FOR D02,2oJ'7 &A1-6 97aP 7744 DATE OP -2 $ 1439 82-340/1021 LLARS Alpine Bank 100 E. 41h Street , Rifle, CO 81650 P. (970) 625-9610 • Alpine Info -Line (970) 945-4433 ROBERT M REGULSKI 5 - LA ( 0 RIFLE SKI CORP. t5 -v-/ (42 P 0 Box 9 Rifle, Co 816 PAY TO THE ORDER OF DATE 1488 82-340/1021 .44 1488 - Alpine ank '44E;CO 81650 481 Sfro.t 4 110. ® (978) 825-9810 • Alpine InIn-LIne (970) 945-4433 111.1 IZ i•imimi • 1-* 1 District: III 1 Road: 335 1 Permit #: 267-00 D 1 GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 09-20-1999 I, BOB REGULSKI (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct driveway approach(es) on the right-of-way of Garfield County Road Number 335 adjacent to Applicant -s property located on the SOUTH side of the road, a distance of mile(s) from ,2 MILE OF INT 311 & 335 for the purpose of obtaining access to PROPERTY Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements, GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way, SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way, All work shall be completed within 30 days of the Permit date, THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative, FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit, 1 FIFTH: The ApplicaS shall assume responsibilil, for the removal or clearance of snows ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations, SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners, SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners, EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof, SPECIAL CONDITIONS 10" ASPHALT AND 40' 3/4" ROAD BASE RESPONSIBLE FOR 2 YEARS AFTER COMPLETION In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) rive- way(s) in accordance with the accompanying specification p an reviewed and approved by the Board of. County Commissioners, Witness: Signed: gnat► _ o Applicant) (Address) (Telephone Number) PERMIT GRANTED THIS DAY OF 19 , SUBJECT TO THE PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATED HEREIN, For Board of County Commissioners of Garfield County, Colorado BY: P E C I F I C A T I 0 N• 1, A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property, 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic, (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided,) 3, All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic, 4, The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way, 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet, Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity, 6, All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property, 7, No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, 8, The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees, Adjustment willbe made according to the type of traffic to be served and other physical conditions, 9, The construction of parking or servicing areas on the highway right-of-way is specifically prohibited, Off-the-road parking facil- ities should be provided by commercial establishments for customers" vehicles, 10, The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge, Approach grades are restricted to not more than 10 percent (10%), 11, All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway, The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation, NOTE: This permit shall be made available at the site where and when work is being done, A work sketch or drawing of the proposed driveway(s) must accompany application, No permit will be issued without drawing, blueprint, or sketch, <+> CARD COUNTY ROAD & BRIDGE D•RTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 267-00 D PERMITTEE: BOB REGULSKI INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE, FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE, 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MINIMUM THREE INCH (3") HOTMIX ASPHALT PATCH, A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE. COMPLETED, AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW, A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY WHEN TRENCHES RUN WITH THE ROAD, FOR TRENCHES ACROSS THE ROAD, THE EDGES OF THE SEAL COAT WILL OVERLAP THE EXISTING EDGE, ALL SEALCOATS WILL OVERLAP EDGES BY A TWO FOOT MINIMUM TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION, ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING, 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE, 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT, WINGWALL, OR CULVERT, 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT, 6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED DAILY TO WITHIN 100" OF THE WORKING AREA OF THE TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK, A 3 FT, HIGH ORANGE PLASTIC FENCE WILL BE INSTALLED DAILY TO KEEP LIVESTOCK OUT OF THE OPEN TRENCH AFTER HOURS, 7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH A MIXTURE EITHER BY BROADCASTING, DRILLING, AND MULCHING WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED, USE ONLY CERTIFIED WEED -FREE SEED, NOXIOUS WEED CONTROL WILL BE ONGOING ALONG WITH REVEGETATION, 8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS TO SEE IF OTHER PERMITS ARE REQUIRED, I,E„ BLM, FOREST SERVICE, FOR GARFIELD C BY BO RE , -1LSKI (PERMITTEE) 1 District: III 1 Road: 335 1 Permit #: 269-00 D 1 GARFIELD COUNTY APPLICATION F C R DRIVEWAY PERMIT Application Date 09-20-1999 I, BOB REGULSKI (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct driveway approach(es) on the right-of-way of Garfield County Road Number 335 adjacent to Applicants property located on the SOUTH side of the road, a distance of mile(s) from ,6 MILE OF INT 311 & 335 for the purpose of obtaining access to PROPERTY Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements, a GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way, SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shall he of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. FIFTH: The ApplicaflO shall assume responsibill, for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations, SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners, SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners, EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof, SPECIAL CONDITIONS 10" ASPHALT AND 40" 3/4" ROAD BASE RESPONSIBLE FOR 2 YEARS AFTER COMPLETION In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying specification p reviewed and approved by the Board of County Commissioners, Witness: Signed: (Address) (Telephone Number) PERMIT GRANTED THIS DAY OF 19 , SUBJECT TO THE PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATED HEREIN. For Board of County Commissioners of Garfield County, Colorado BY: •PECIFICATION • 1, A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property, 2, At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic, (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided,) 3, All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic, 4, The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way, 5, Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet, Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6, All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property, 7, No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, 8, The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees, Adjustment will be made according to the type of traffic to be served and other physical conditions, 9, The construction of parking or servicing areas on the highway right-of-way is specifically prohibited, Off-the-road parking facil- ities should be provided by commercial establishments for customers" vehicles, 10, The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge, Approach grades are restricted to not more than 10 percent (10%), 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway, The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system, The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation, NOTE: This permit shall be made available at the site where and when work is being done, A work sketch or drawing of the proposed driveway(s) must accompany application, No permit will be issued without drawing, blueprint, or sketch, • <+> GARFIlD COUNTY ROAD & BRIDGE D•RTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 269-00 D PERMITTEE: BOB REGULSKI INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE, FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE, 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MINIMUM THREE INCH (3") HOTMIX ASPHALT PATCH, A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED, AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW, A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY WHEN TRENCHES RUN WITH THE ROAD, FOR TRENCHES ACROSS THE ROAD, THE EDGES OF THE SEAL COAT WILL OVERLAP THE EXISTING EDGE, ALL SEALCOATS WILL OVERLAP EDGES BY A TWO FOOT MINIMUM TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION, ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING, 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE. 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT, WINGWALL, OR CULVERT, 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT, 6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED DAILY TO WITHIN 100' OF THE WORKING AREA OF THE TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK, A 3 FT, HIGH ORANGE PLASTIC FENCE WILL BE INSTALLED DAILY TO KEEP LIVESTOCK OUT OF THE OPEN TRENCH AFTER HOURS, 7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH A MIXTURE EITHER BY BROADCASTING, DRILLING, AND MULCHING WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED, USE ONLY CERTIFIED WEED -FREE SEED, NOXIOUS WEED CONTROL WILL BE ONGOING ALONG WITH REVEGETATION, R) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS TO SEE IF OTHER:PERMITS ARE REQUIRED, I,E „ BLM, FOREST SERVICE, (PERMITTEE) • 1 I District: III I Road: 335 I Permit #: 268-00 D GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 09-20-1999 I, BOB REGULSKI (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct driveway approach(es) on the right-of-way of Garfield County Road Number 335 adjacent to Applicants property located on the SOUTH side of the road, a distance of mile(s) from .4 MILE OF INT 311 & 335 for the purpose of obtaining access to PROPERTY Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements, GENERAL PROVISIONS a FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way, SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way, All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all materials used shallbe of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH: The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit. FIFTH: The ApplicallO shall assume responsibil# for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations, SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners, SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners, EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof, SPECIAL CONDITIONS 10" ASPHALT AND 40" 3/4" ROAD BASE RESPONSIBLE FOR 2 YEARS AFTER COMPLETION In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying specificat'oan, eviewed and approved by the Board of County Commissioner. Witness: Signed: Si: arr-. of Applicant) (Address) (Telephone Number) PERMIT GRANTED THIS DAY OF 19 , SUBJECT TO THE PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATED HEREIN, For Board of County Commissioners of Garfield County, Colorado BY: OPECIFICATI 0 NO 1, A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property, 2, At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided,) 3, All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic, 4, The Applicant shall_ not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way, 5, Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet, Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity, 6, All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7, No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii, 8, The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees, Adjustment will be made according to the type of traffic to be served and other physical conditions, 9, The construction of parking or servicing areas on the highway right-of-way is specifically prohibited, Off -the -road parking facil- ities should be provided by commercial establishments for customers" vehicles, 10, The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge, Approach grades are restricted to not more than 10 percent (10%), 11, All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway, The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system, The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation, NOTE: This permit shall be made available at the site where and when work is being done, A work sketch or drawing of the proposed driveway(s) must accompany application, No permit will be issued without drawing, blueprint, or sketch, <+> GARF•D COUNTY ROAD & BRIDGE DIRTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 268-00 D PERMITTEE: BOB REGULSKI INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE, FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE, 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MINIMUM THREE INCH (3") HOTMIX ASPHALT PATCH, A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED, AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW, A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY WHEN TRENCHES RUN WITH THE ROAD, FOR TRENCHES ACROSS THE ROAD, THE EDGES OF THE SEAL COAT WILL OVERLAP THE EXISTING EDGE, ALL SEALCOATS WILL OVERLAP EDGES BY A TWO FOOT MINIMUM TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION, ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING, 3) WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE, 4) INSTALLATIONS IN DRAINAGES SUBJECT TO FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT, WINGWALL, OR CULVERT, 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT, 6) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED DAILY TO WITHIN 100" OF THE WORKING AREA OF THE TRENCH, AND SHALL BE BARRICADED WITH WARNING DEVICES AFTER DARK, A 3 FT, HIGH ORANGE PLASTIC FENCE WILL BE INSTALLED DAILY TO KEEP LIVESTOCK OUT OF THE OPEN TRENCH AFTER HOURS, 7) IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED, RESEEDING WITH A MIXTURE EITHER BY BROADCASTING, DRILLING, AND MULCHING WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED, USE ONLY CERTIFIED WEED -FREE SEED, NOXIOUS WEED CONTROL WILL BE ONGOING ALONG WITH REVEGETATION, 8) THE PERMITTEE SHOULD CHECK THE R -O -W OF SURROUNDING LANDOWNERS TO SEE IF OTHER PERMITS ARE REQUIRED, I,E „ BLM, FOREST SERVICE, FOR GARFIEL BY BOB REGULSKI (PERMITTEE) • • ARTICLES OF INCORPORATION OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. The undersigned natural person, being more than twenty-one (21) years of age, acting as incorporator, hereby establishes a non-profit corporation under and by virtue of the Colorado Non - Profit Corporation Act, Colorado Rev. Statutes §7-121-101, et seq., and ac�Qpts.the followingr Articles of Incorporation. ja. Dc, :.` P t tiZitA it ; - 20001125953 M ARTICLE I • 50.00 Name SECRETARY OF STATE E 06-26-2000 11:06;02 The name of the corporation is the RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. ARTICLE II Existence The corporation shall have perpetual existence. ARTICLE III Purposes The nature, objects and purposes for which the corporation is organized are as follows: 1. To manage, protect, operate and maintain open spaces, easements and roads serving the Riverview Ranch Subdivision, as set forth on the Plat thereof, recorded in the Office of the Garfield County, Colorado Clerk and Recorder, subject to such annual or special assessments or charges as may be required for the operation, maintenance or improvements of said open spaces, easements and roads. 2. To adopt, administer and enforce Protective Covenants, including architectural control, for the architecture and appearance of the development of the Riverview Ranch Subdivision, as set forth on the Plat thereof and in the Declaration of Protective Covenants for the Riverview Ranch Subdivision, recorded in the Office of the Garfield County Clerk and Recorder, for the benefit of its respective members on a cooperative basis. ":3. To have and exercise, generally -.all powers and to do and perform all the acts which shall or may be necess..aryorproper to carry out and put into effect the purposes for which the corporation is formed and as provided by law; provided, however, that the enumeration in these Articles of Page 1 of 6 • • Incorporation of specific powers shall not be construed to limit or restrict in any manner whatsoever the general powers conferred upon non-profit corporations under the laws of the State of Colorado. 4. To have and exercise, generally, all purposes and powers set forth for a unit owners association under the Colorado Common Interest Ownership Act. 5. Notwithstanding the foregoing stated purposes, the corporation is organized exclusively for purposes of holding and maintaining mutually owned and used common areas, open spaces, common property, easements and roads and enforcing Protective Covenants on a cooperative basis whereby at least eight -five percent (85%) of its income shall be derived from assessments to members for the sole purpose of meeting expenses or losses, and in full compliance with the requirements of Sections 501(c)(4) and (12) of the Internal Revenue Code of 1986. ARTICLE IV Finances 1. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services actually rendered to or for the corporation, and any officer, director, agent or employee, or any other person or corporation may be reimbursed for expenses advanced or incurred for the corporation's benefit, upon authorization of the Board of Directors); provided further, that no member, director or officer of the corporation, nor any other private individual, shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation, or otherwise, except as set forth in these Articles. No substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office. 2. No part of the assets of the corporation shall inure to the benefit of, or be distributable to, any organization whose income or net earnings, or any part thereof, might inure to the benefit of any private shareholder or other individual, or any organization, the substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation. 3. Upon dissolution of the corporation, all of its assets remaining after payment of liabilities shall be paid over and transferred to one or more exempt organizations as are qualified for exemption from Federal income taxes under Section 501(c)(4) and (12) of the Internal Revenue Code. The proceedings for dissolution shall be conducted in accordance with Title 7, C.R.S., as amended. 4. Notwithstanding any other provision hereof, this corporatio,n shall not conduct or carry on any activities not. permitted to be conducted or carried on, nor receive any income which is . prohibited by an organization which is exempt from taxation under the provisions of Section 501(c)(4) and (12) of the Internal Revenue Code of 1986, as amended. Page 2 of 6 • • ARTICLE V Membership 1. There shall be only one (1) class of membership, as follows: A. Members of the corporation shall be the owner or owners of lots in the Riverview Ranch Subdivision, Garfield County, Colorado, as shown on the Plat thereof, recorded in the Office of the Clerk and Recorder of Garfield county. 2. Each member shall be entitled to one (1) vote, either in person or by proxy, for each lot registered in his or her name on the books of the corporation, and in the election or directors, each such voting member shall have the right to vote such number of lots for as many persons as there are directors to be elected. 3. At all meetings of the shareholders of a majority of the ownership entitled to vote at such meeting, represented in person or by proxy, shall constitute a quorum. 4. Each membership, for all purposes of assessments required to carry out the purposes of the corporation and of any lien therefor or enforcement thereof, shall be construed as a proportionate right, title and interest in and to all real property and other assets owned by the corporation, and as being appurtenant to the real estate owned by each member. ARTICLE VI Assessments 1. All assessments made by the Board of Directors under the authority of these Articles of Incorporation shall be and become a lien against the respective represented memberships subject to such assessments, and the real estate to which the same become appurtenant, and until the same shall have been paid, any such lien shall be and remain a lien against such membership and real estate. The manner of enforcing any such lien shall be set in the Declaration of Protective Covenants of the Riverview Ranch Subdivision and a recorded copy of these Articles of Incorporation, the Protective Covenants, or any memorandum thereof, shall constitute notice of any such assessment lien, which shall become effective as of the date the same shall have been made by appropriate action of the Board of Directors. ARTICLE VII Registered Agent The address of the initial registered office of the corporation is 28485 U.S. Highway 6&24, P.O. Box 9, Rifle, Colorado 81650. The name of its initial tegistered•agent at such address is ROBERT M. REGULSKI. The business and affairs of such corporation shall be conducted *and Page 3 of 6 • • carried on within the State of Colorado. The principal office of the corporation shall be located at 28485 U.S. Highway 6&24, P. O. Box 9, Rifle, Colorado 81650. ARTICLE VIII Board of Directors The number of Directors of this nonprofit corporation shall be three (3), but there need be only as many Directors as there are members in the event there are fewer than three (3) members. The initial Director of the Corporation is intended to be ROBERT M. REGULSKI, who is to serve as the Director until the first annual meeting of members or until his successors are elected. The corporation shall never afford pecuniary gain, incidentally or otherwise, to any of its officers, directors, members or to any other person who is a "disqualified person" under the Code. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its directors, officers, members or other private persons, except that the Corporation shall be authorized and be empowered to pay reasonable compensation for services rendered. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on by a Corporation exempt from Federal income tax under Section 501(c)(4) of the Code. ARTICLE IX Incorporator The name and address of the incorporator is ROBERT M. REGULSKI, P. O. Box 9, Rifle, Colorado 81650. The powers of the incorporator shall terminate upon the filing of the Articles of Incorporation. ARTICLE X Owner of Lots In furtherance of, and not in limitation or exclusion of, the powers conferred by law, the corporation shall be entitled to treat the record owner of any of the lots of the Riverview Ranch Subdivision, as shown on the Plat thereof recorded in the Office of the Garfield County Clerk and Recorder, as the owner thereof for all purposes, including all rights deriving from such ownership, and shall not be bound to recognize any equitable or other claim to, or interest in, such lots or rights deriving from such lots, on the part of any other person, including, but without limiting the generality hereof, a purchaser, assignee or transferee of such lots or rights deriving from such lots unless and Page 4 of 6 • • until such purchaser, assignee, transferee or other person becomes the record owner of such lots, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or other person. The purchaser, assignee or transferee of any the Riverview Ranch Subdivision, as set forth on the Plat as recorded in the Office of the Garfield County Clerk and Recorder, shall not be entitled to receive notice of the meetings of the members, or to own, enjoy and exercise any other property or rights deriving from such ownership against the corporation until such purchaser, assignee or transferee has become the record owner of such lots. ARTICLE XI Regulation of Internal Affairs Section 1. MANAGEMENT. The general management of the affairs of the Corporation shall be exercised by the Board of Directors and its designated agents. Section 2. INFORMAL ACTION OF DIRECTORS OR MEMBERS. Any action which may be taken at a meeting of the Board of Directors or members may be taken without a meeting, if a consent in writing setting forth the action so taken is signed by all the Directors or members entitled to vote with respect to the subject matter thereof. Such written consent shall have the same force and effect as an unanimous vote of the Directors or members. ARTICLE XII Liquidation and Distribution Section 1. LIQUIDATION. In winding up the affairs of the Corporation in the event of dissolution, if there be any balance of assets and funds of the Corporation after the payment or provision for all debts of the Corporation and the necessary expenses of liquidation, the Board of Directors shall distribute such remaining assets and funds in such manner and upon such terms as they may deem appropriate in their discretion, provided that distribution is made to another entity, corporate or otherwise, which is exempt from Federal income tax Section 501(c) of the Internal Revenue Code. Section 1. contained in all rights and power. ARTICLE XIII Amendment of Articles of Incorporation The Corporation reserves the right to amend, alter, change or repeal any provision these Articles of Incorporation in the manner now or hereafter prescribed by law, and powers conferred herein on members, Directors or officers are subject to this reserved Page 5 of 6 • • ARTICLE XIV Amendment of Bylaws The members of the Corporation shall have the authority to adopt, amend, or repeal the Corporation's Bylaws as provided in the Bylaws and permitted in Title 7, C.R.S. DATED this 3 day of STATE OF COLORADO ) ss COUNTY OF GARFIELD , 2000. INCORPORATOR: I, /�14,(L.,yi/ /i 1 — , a Notary Public in the County and State aforesaid, do hereby certify that ROBERT M. REGULSKI, who is personally known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation, appeared before me this day in person and swore upon oath to the truth of the facts therein stated and acknowledged that he signed and delivered said instrument of writing as his free and voluntary act. Given under my hand and official seal this ) 3 day of , 2000mi,,,,,,� (o1ARJ\ PU B 11G I My commission expires: c 3 Notary Public THE UNDERSIGNED CONSENTS TO THE APPOINTMENT AS THE INITIAL REGISTERED AGENT OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. Page 6 of 6 • DizAn• #* 2 BYLAWS OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. ARTICLE I Definitions This Corporation is organized under the Colorado Nonprofit Corporation Act and shall be known as the RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. hereinafter called the "Association" and is charged with enforcement of the Declaration of Protective Covenants for the Riverview Ranch Subdivision, Garfield County Colorado, recorded in Book at Page , in the office of the Garfield County Clerk and Recorder, hereinafter the "Protective Covenants". ARTICLE II Offices The principal office of the corporation shall be 28485 U.S. Highway 6&24, Rifle, Colorado 81650. The corporation may also have one or more offices at such other place or places within or without the State of Colorado as the Board of Directors may from time to time determine or the business of the corporation may require. ARTICLE III Membership Section 1. Number. There shall be one (1) membership in the Association for each of the lots of the Riverview Ranch Subdivision, as set forth on the Plat thereof (hereinafter "the Lots"). Section 2. Voting. The respective memberships shall be held by the Members of the Association who shall be the owners of the lots of the Riverview Ranch Subdivision, as shown on the records of the Clerk and Recorder of Garfield County, Colorado. If title to a Lot is held by more than one (1) person or entity, the membership relating to that Lot shall be shared by all such persons in the same proportionate interest and in the same type of tenancy by which the title to the Lot is held. Provision 2.5 of the Protective Covenants shall govern voting by multiple owners of a Lot. Section 3. Ownership. Any person, on becoming an owner of a Lot shall automatically become a member of this Association and be subject to these bylaws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Lot, but such termination shall in no way relieve or release any such former owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in the Association. Except for those owners who initially purchase a Lot from the declarant, any person on becoming an owner of a Lot shall furnish to the Association or its managing agent, a machine or certified copy of the recorded Dati'�C': Ci> kg'\ • • instrument vesting that person with an interest or ownership in the Lot, which copy shall remain in the files of the Association. ARTICLE IV Meeting of Members Section 1. Annual Meeting. The annual meeting of the Association, for the purpose of electing Directors and for the transaction of such other business as may come before the meeting, shall be held in May of each year or upon such date as agreed upon by all directors with notice to all members. Any member entitled to vote thereat may call the meeting to order and a chairman of the meeting shall be elected. The Secretary of the corporation shall act as secretary of such meeting. Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by the Board of Directors, or upon written request of one-half (1/2) of the membership. The purposes of such special meeting shall be stated in the notice therefor. No business except as stated in the notice shall be transacted at a special meeting. Section 3. Notice of Meetings. Notice of each meeting of members, whether annual or special, shall be given not less than ten (10) nor more than fifty (50) days prior thereto to each member of record entitled to vote thereat by delivering written notice thereof to each member personally or by mailing the same to his address as it appears on the books of the corporation. The notice of all meetings shall state the place, day and hour thereof. Meetings shall be held at the principal office of the corporation or at such other place or places, within or without the State of Colorado, as may be from time to time, determined by the Board. If mailed, such notice shall be deemed to be delivered on the date of mailing, and shall be addressed to the member's address last appearing on the books of the Association, or as supplied by such member to the Association for the purpose of notice. The certificate of the Secretary that notice was fully given shall be prima facie evidence thereof. Section 4. Quorum. The holders of a majority of the total members' votes entitled to vote thereat, present in person or represented by proxy, shall be requisite to and shall constitute a quorum at all meetings of members for the transaction of business except as otherwise expressly provided by law or by the Articles of Incorporation. If such quorum shall not be present or represented at any such meeting, the holders of a majority of the votes present in person or represented by proxy and entitled to vote thereat shall have power to adjourn the meeting from time to time until a quorum shall be present or represented. When a quorum is present at any meeting, the affirmative vote of a majority of the members' votes present in person or represented by proxy shall decide any question brought before such meeting, except as otherwise provided in these bylaws or the articles of incorporation, in which case the express provisions shall govern and control the decision of such question. 2 Section 5. Voting and Proxies. At all meetings of members, each member shall be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized attorney in fact; provided, however, that no such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy provides for a longer period. All proxies shall be in writing and tiled with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. The cumulative system of voting shall not be used for any purpose. Section 6. Actions Taken Without Meeting. Any action required or permitted to be taken at any meeting of members may be taken without a meeting, prior notice or a vote, if a consent in writing, setting forth the action so taken, is signed by all of the members entitled to vote with respect to the subject matter thereof. ARTICLE V Board of Directors: Selection and Term of Office Section 1. Number. The property, business and affairs of the Association shall be managed by a Board of three (3) Directors, to be elected from the Lot owners and members of the Association, but until there are two (2) Lot owners other than the Declarant, there may be only as many Directors as there are members. Section 2. Term of Office. At the first annual meeting, the members shall elect, from among the Lot owners Directors who shall serve a term of one year. At each annual meeting thereafter, the members shall fill the respective vacancies by electing Director(s) from among the Lot owners who shall serve a term of one year. Section 3. Resignations. Any Director may resign at any time by giving written notice of such resignation to the Board of Directors, the President or the Secretary. Unless otherwise specified in such written notice, such resignation shall take effect upon receipt thereof by the Board of Directors or such officer. Section 4. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a Director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 5. Compensation. No Director shall receive compensation for any services he may render to the Association. However, a Director may be reimbursed for his actual expenses incurred in the performance of his duties. Nothing herein contained shall be construed so as to preclude any Director from serving the corporation in any other capacity and receiving compensation therefor. 3 Section 6. Action Taken Without a Meeting. Any action which may be taken by the Board of Directors at a meeting may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before such action by all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE VI Nomination and Election of Directors Section 1. Nomination. Nomination for election to the Board of Directors shall be made at the annual meeting. Such nomination may be made only from among members. Section 2. Election. Each member entitled to vote, or his proxy, may cast one vote with respect to each vacancy in the Board of Directors. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Election to the Board of Directors shall be by secret written ballot. ARTICLE VII Meeting of Directors Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held as deemed necessary by the Board, at such place and hour as may be fixed from time to time by resolution of the Board. Meetings of the Board of Directors may be held at such place or places as shall from time to time be determined by the Board. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association after not less than three (3) days notice to each Director. Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Waiver. Any Director may waive notice of a meeting and such waiver shall be deemed equivalent to the giving of notice. Section 5. Manner of Acting. The Directors shall in all cases act as a board and the act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board. Section 6. Presumption of Assent. A Director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of 4 • • the meeting or unless he shall file his written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. ARTICLE VIII Powers and Duties of the Board of Directors Section 1. Generally. All of the powers and duties given to the Board of Directors under the Colorado Nonprofit Corporation Act, the Articles of Incorporation, these bylaws, and the Protective Covenants shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to the approval by the members when such is specifically required. Section 2. Powers. In addition to the foregoing powers, the Board of Directors shall specifically have the following powers, subject to the terms, requirements and restrictions of the Articles of Incorporation: a) from time -to -time, and by a vote of the majority of the Board, adopt, modify, amend, revoke and enforce, in whole or in part, rules and regulations governing the conduct of persons within the Lots together with the use and operation of the property of the Association and the common elements and common property as defined, not in conflict with these bylaws and amendments hereto. Such rules and regulations shall be recorded with the Secretary and shall be sent to each Lot owner by registered mail prior to the effective date of their application; b) suspend the voting rights and the right to use the common elements of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of the Association's published rules and regulations; c) exercise for the Association all powers, duties, and authority vested in or delegated to the Association and not reserved to the members by other provisions of these bylaws or the articles of incorporation. d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; e) employ a Director, managing independent contractor, and such other employees as are deemed necessary and to prescribe their duties; and 5 • • t) generally to exercise whatever other powers and duties as are necessary for the administration of the affairs of the Association and for the operation and maintenance of the Riverview Ranch Subdivision as a first class residential property. Section 3. Duties. It shall be the duty of the Board of Directors to: a) cause to be kept a complete record of all its acts and corporate affairs; and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-third (1/3) of all the votes held by owners; b) supervise all officers, agents and employees of the Association, and see that their duties are properly performed and designate or remove such other personnel as necessary for the operation, maintenance, repair and replacement of the common elements; c) adopt an amended budget and impose assessments pursuant to Paragraphs 18 and 19 of the Protective Covenants; d) send written notice of each assessment to every member of each annual assessment period; e) bill, collect, and as necessary, receipt for all assessments and other charges due to the Association from the Lot owners for all rental or other payments from lessee or concessionaires, if any; t) foreclose the lien against any property for which assessments are not paid after the due date thereof or bring an action at law against the members personally obligated to pay the same pursuant to Paragraph 19 of the Protective Covenants; g) issue, or cause an appropriate officer to issue, upon ten (10) days demand by an owner, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; h) incur such costs and expenses as may be necessary to properly maintain and to keep in good order, condition and repair all of the general and limited common elements and all of the common property of the Association; i) procure and maintain insurance; j) negotiate and execute contracts for water, septic tank maintenance, sewer, electricity, gas, telephone, water treatment, rubbish removal, animal control, or vermin extinction, if necessary, and such other necessary services as may be deemed advisable; 6 k) manage the drainage easement, Riverbank Erosion Monitoring Plan, the "common property", public roadways and common areas pursuant to the Protective Covenants. 1) maintain and utilize the water rights and irrigation water distribution system of the Association; and m) enforce the provisions of the Protective Covenants by such legal and equitable actions as may be appropriate. Section 4. Managing Agent. Should the Board of Directors elect to engage the services of a managing agent, it may delegate the duties and powers contained in Section 3 of this Article; provided, however, that such delegation shall in no way relieve the Board of Directors of any of its responsibilities. ARTICLE IX Officers and Their Duties Section 1. Enumeration of Officers. The officers of the Association shall be a President, a Secretary, and a Treasurer, and such other officers as the Board may create. One or more Vice Presidents may also be elected. Officers of the corporation shall be entitled only to such salaries, emoluments, compensation or reimbursement as shall be fixed or allowed by the Board of Directors. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Every officer so elected shall continue in office until his successor shall be elected or appointed and shall qualify, unless sooner removed. Section 3. Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or shall be otherwise qualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the vote of the majority of the Board of Directors. Election or appointment of an officer or agent shall not of itself create contract rights. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice, or at any later time specified therein, and 7 unless otherwise specified therein. The acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be tilled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. Section 8. Duties. The duties of the officers are as follows: a) President. The President shall preside at all meetings of the Board of Directors and of the Lot owners; shall see that orders and resolutions of the Board are carried out, shall sign all leases, mortgages, deeds and other written instruments, and shall discharge such other duties as may be required by him by the Board. b) Vice -President. The Vice -President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Lot owners; serve notice of meeting of the Board and of the members; keep appropriate current records showing the members of the Association, together with their addresses, and shall perform all duties as incident to the office of Secretary or as required by the Board. The Secretary shall in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or the Board of Directors. The Secretary, at the direction of sixty-seven percent (67%) of the Lot owners may prepare, execute, certify and record amendments on behalf of the Association. d) Treasurer. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation and shall deposit all such funds in the name of the corporation in such banks or other depositories as shall be selected by the Board of Directors. The Treasurer shall collect and receive and give receipts for all monies or securities belonging to the corporation. In general, the Treasurer shall perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to the Treasurer by the Board of Directors. The Treasurer shall also prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE X Indemnification Section 1. General Liabilities. The Directors, employees and officers of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys fees, reasonably incurred by or imposed upon them in connection with any proceeding to which they may be a party, or in which they may become involved, by reason of being or having acted as such on behalf of the Association, provided that this indemnification shall not apply if the said person is adjudged guilty of negligence or misconduct in the performance of his duties; provided further that in the event of a settlement, the indemnification herein shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such person may be entitled. Section 2. Other. Contracts or other commitments made by the Board of Directors, officers or the managing agent shall be made as agent for the Association, and they shall have no personal responsibility on any such contract or commitment. ARTICLE XI Committees This Association, in conjunction with the Board, may appoint committees as deemed appropriate. ARTICLE XII Books and Records The records of receipt and expenditures of the Board affecting the general and limited common element shall at all times, during reasonable and convenient weekly business hours, be subject to inspection by the Lot owners and their mortgagees. The articles of incorporation and bylaws of the Association shall be available for inspection by the Lot owners and their mortgagees at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XIII Assessments Section 1. Obligation of Members. Each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate established by the Board, not to exceed twenty-one percent (21 %) per annum, and the Association may bring an action at law against the member or members personally obligated to pay the same or foreclose the lien against the Lot, and interest, costs and reasonable attorneys fees of any such action shall be added 9 • • to the amount of such assessment. No member may waive or otherwise escape liability for the assessments provided for herein by non-use of the common elements or abandonment of his Lot. Every assessment duly levied against any member by the corporation shall become a lien on the lands and improvements to lands owned by such member. The corporation shall be entitled to maintain an action in the Court in the County of Garfield and State of Colorado for the purpose of recovering any unpaid assessments made against any member, and for the purpose of foreclosing its lien against the real property and improvements of such member for the satisfaction of such unpaid assessments. Upon the request of any member, the Board of Directors shall execute and deliver an agreement subordinating the lien provided for in this paragraph to the lien of any first mortgage or deed of trust on the real property and improvements owned by the delinquent member. The Board of Directors may, in its discretion, also subordinate the lien provided for in this paragraph to any second or subsequent mortgage or deed of trust. Assessments may be levied by the corporation upon the members of the corporation, by vote of the majority of the Board present in person or by proxy at any duly called meeting of the Board, for the purpose of funding any of the activities of the corporation, which shall include, but not be limited to: payment of taxes on real and personal property; interest on monies borrowed; road, parking lot and easement construction, surfacing, maintenance, snow removal, legal and accounting fees; managerial salaries, and any and all expenditures needed or required for the operation of the Association affairs. Assessments may include charges for water, or other utilities. Assessments shall be levied pro -rata on the members in accordance with the ownership of each member. Section 2. Annual Assessments. The amount of the annual assessment shall be determined by the Board based on the anticipated annual expenses of the Association. Annual assessments shall be payable monthly with one -twelfth (1/12) of the amount due for any fiscal year paid each month of that year. Section 3. Special Assessments. In addition to the periodic assessments, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction or replacement involving the common elements or property owned by the Association, provided that any such assessment shall have the assent of the required percentage of the members entitled to vote in person or by proxy at a meeting duly called for that purpose. Section 4. Statements of Accounts. Upon ten (10) days notice to the President or Board of Directors and payment of a reasonable fee, any Lot owner shall be furnished a statement of his account, setting forth the amount of any unpaid assessments or other charges due and owing from such owner. ARTICLE XIV 10 Amendments This corporation reserves the right to amend, alter, change or repeal any provisions contained in, or to add any provisions to, its Articles of Incorporation or its Bylaws from time to time, in accordance with the laws of the State of Colorado. The provision of these bylaws shall at all times comply with the requirements of the Colorado Common Interest Ownership Act. ARTICLE XV Miscellaneous Section 1. Articles. In the case of any conflict between the articles of incorporation and these bylaws, the articles shall control. Section 2. Fiscal Year. The fiscal year shall begin on the first day of January and end on the 31st day of December of each year, except that the first fiscal year shall begin on the date of incorporation. Section 3. Headings. Headings and captions are for the convenience of the reader only and shall not be used to interpret these Bylaws. Adopted by the Board of Directors of the RIVERVTFW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. this day of 2000. ATTEST: Secretary 11 President Report Date: 12/28/2000 12:08PM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20003836 SCHEDULE NO: R200535 ASSESSED TO: LEO, GAYE P 0 BOX 986 SILT, CO 81652-0986 ORDER NO: VENDOR NO: GAYE LEO LEGAL DESCRIPTION: SECT,TWN,RNG:1-6-92 SUB:PEACH VALLEY ACRES FINAL LOT:2 BK:0609 PG:0478 BK:0609 PG:0478 BK:0746 PG:0719 BK:0751 PG:0893 BK:0751 PG:0894 BK:0755 PG:0666 BK:0863 PG:0913 BK:0990 PG:0296 BK:1071 PG:0994 PRE:R200319 PARCEL: 217901304002 SITUS ADD: 3706 214 RD. SILT TAX YEAR CHARGE 1999 TAX TOTAL TAXES GRAND TOTAL DUE AS OF 12/28/2000 TAX AMOUNT INTEREST 1,349.04 0.00 FEES 0.00 PAID TOTAL DUE 0.00 0.00 1,349.04 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 020 Authority Mill Levy GARFIELD COUNTY 8.812 BURNING MOUNTAIN FIRE PROTECTION DIST 4.125 COLORADO RIVER WATER CONSERVATION DIST 0.282 SILT WATER CONSERVANCY 1.166 GRAND RIVER HOSPITAL DISTRICT 5.597 SCHOOL DISTRICT RE -2 27.965 COLORADO MOUNTAIN COLLEGE 3.655 2HC-SF Amount Values Actual Assessed 210.61 Land 60,000 5,840 98.59 Exempt 0 0 6.74 Improve 185,440 18,060 27.87 133.77 Total 245,440 23,900 668.37 87.35 56.445 1,349.04 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 28th day of December, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Report Date: 06/27/2000 02:49PM • • GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002021 SCHEDULE NO: R230860 ASSESSED TO: REGULSKI, ROBERT M. 45 MID VALLEY DR NEW CASTLE, CO 81647-9657 ORDER NO: VENDOR NO: STEVE WUJEK LEGAL DESCRIPTION: SECT,TWN,RNG:12-6-92 DESC: A TR IN LOTS 6 & 7 & SESW, SWSE EXCEPT 4.16 AC DESC: DESC. IN 749/163. DESC MAY CONTAIN SOME PORTIONS DESC: OF MEANDER LAND. BK:0622 PG:0006 BK:0696 PG:0608 BK:0730 PG:0894 BK:0749 PG:0170 BK:0758 PG:0209 BK:0878 PG:0841 BK:0878 PG:0840 BK:0940 PG:0045 BK:0940 PG:0042 BK:0940 PG:0044 BK:0940 PG:0034 BK:0940 PG:0037 BK:0940 PG:0040 BK:0945 PG:0222 BK:0947 PG:0488 BK:0950 PG:0028 PRE:R023408 PARCEL: 217912400466 SITUS ADD: SILT TAX YEAR CHARGE TOTAL TAXES TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TAX YEAR ASSESSMENT TOTAL ASMT TAX YEAR TAX LIEN SALE TOTAL STATEMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE 0.00 0.00 GRAND TOTAL DUE AS OF 06/27/2000 ORIGINAL TAX BILLING FOR 1999 Authority GARFIELD COUNTY BURNING NITS FIRE COLORADO RIVER H2O WEST DIVIDE H2O GRAND RIVER HOSPITAL SCHOOL RE -2 COLORADO MT COLLEGE ROAD & BRIDGE FUND SOCIAL SERVICES DEPT GARFIELD CAP EXP TAX DISTRICT 023 - 2HD-SF Mill Levy Amount 8.812 35.25 4.125 16.50 0.282 1.13 0.248 0.99 5.597 22.39 27.965 111.85 3.655 14.62 1.205 4.82 0.883 3.53 2.755 11.02 Values Land Exempt Improve Total 55.527 222.10 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 Actual 13800 0 0 Assessed 4000 0 0 13800 4000 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER • OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 0I -IAN -97, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I. the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 27th da June, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 STEVE ANTHONY VEGETATION MANAGEMENT July 6, 2000 El: Garfield County VEGETATION MANAGEMENT VEGETATION MANAGEMENT Stephen Wujek Knight Planning Services Box 947 Eagle, CO 81631 Dear Stephen, Thank you for the Riverview Ranch Weed Management Plan. The Plan is acceptable and we appreciate Riverview's cooperation in our efforts to manage noxious weeds. Please feel free to contact me if you have any further questions. Sincerely, Steve Anthony Garfield County Weed Management P. O. Box 1112 Rifle, Colorado 81650 Telephone (970) 625-3969 CeII: (970) 618-0587 Fax (970) 625-3917 • • EXHIBIT D RIVERVIEW RANCH SUBDIVISION NOXIOUS WEED MANAGEMENT PLAN It is the responsibility of the Riverview Ranch Homeowner's Association to control noxious weeds on the subdivision property. The status of the noxious weeds on the site should be evaluated on a yearly basis. The management plan outlined below will help direct the Association in meeting this goal. The first steps in a noxious weed management program are inventory and mapping. It is necessary to identify and record the species of weeds present, the areas infested, and the density of infestation in order to determine the best method or methods of management. The information obtained from the inventory should be placed on a map of the property and retained as part of the Association records. A list of the plant species considered to be noxious weeds by Garfield County is attached and should be consulted during the inventory process. Following an inventory and mapping program, the next step in the process is the planning and implementation of the weed management strategy. A reasonable and economical strategy can be developed to deal with any of the noxious weeds listed by Garfield County. It is suggested that the attached "Strategy for Weed Management" prepared by the Bookcliff/Mt. Sopris/Southside Soil Conservation Districts be incorporated into the planning and implementation of the management program. In addition, participation in the Districts' cost share weed management program is suggested. It is important that a weed management program include such items as preventing encroachment into areas not infested, detecting and eradicating new weed introductions, and revegetation. The key components of any successful weed management program are consistent effort, specific evaluation periods and the use of methods appropriate to the problem weed. It is recommended that the County weed supervisor or private consultants be contacted for implementation information as needed. Preventing the introduction of weeds is the most practical and cost-effective method for the management of noxious weeds. Prevention programs include limiting weed seed dispersal, minimizing soil disturbance, and properly maintaining desirable vegetation. New weed introductions can be minimized by: 1. Using hay, straw and mulch that is weed free. 2. Refraining from driving vehicles and machinery through weed infestations and washing the undercarriage of vehicles and machinery after driving from a weed - infested area to an unifested area. 1 • • 3. Requesting that owners and guests brush and clean themselves and equipment after crossing infested areas on the property. 4. Minimizing unnecessary soil disturbance by vehicles, equipment, machinery and water flow. 5. Managing grasses and agricultural crops to be vigorous and competitive with weeds. Early detection and systematic eradication of weed introductions are other key items in a noxious weed management program. Weed encroachments begin with small satellite infestations, which can become large infestations if left unchecked. It will be necessary to remove the weed from the infested area through the application of appropriate eradication techniques. This will generally include the application of mechanical or chemical control procedures along with the revegetation of the area with desirable species. The establishment of competitive grasses can minimize the reinvasion of noxious weed, while also providing the benefits of forage production and erosion control. In summary, the control of weeds requires integrating a number of methods. The program begins with the inventory and mapping of the project area to identify and locate noxious weeds. Once identified, problems can be prioritized and a weed management strategy that includes prevention, detection and eradication of new infestations can be planned. An additional important component of this strategy is the revegetation of weed encroachment areas with competitive grasses. Weed encroachment can be prevented by limiting weed seed spread, minimizing soil disturbance and maintaining vigorous and competitive forage plants. [Taken from the article "Rangeland Weed Management" by Roger L. Sheley of the Montana State University Extension Service] 2 RFde/ED NOV 1 3 2000 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/default.htm Kit Lyon, Senior Planner Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 November 7, 2000 Re: Riverview Ranch Subdivision SEV4 Sec. 12, T6S, R92W , P.M. W. Division 5, W. District 45 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Ms. Lyon: Per your letter of September 29, 2000, we have reviewed the file to determine if accessory dwellings can be encompassed within the proposed water supply plan. Although the last sentence of the first paragraph of the Project Description submitted with the application states: "However, as the current Garfield County Land Use Regulations do not allow this accessory unit with the existing zoning and proposed lot configuration, the request for the accessory unit is being withdrawn", the augmentation plan decreed in Case No. 99CW176 does allow individual on -lot wells for 6 single family residential lots with two dwellings per lot, for a total of 12 dwellings. In summary, uses from each well are limited to two single family dwellings, watering of two head of livestock and 100 square feet of irrigation. Therefore, pursuant to Section 30-28-136(1)(h)(I), it is our opinion that the proposed water supply can provide for the proposed development, including the accessory dwellings, without causing material injury to decreed water rights and is adequate so long as the plan for augmentation is operated according to its decreed terms and conditions. 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 KWK/CML/Riverview Ranch iii.doc cc: Orlyn Bell, Division Engineer Robert C. Klenda, Water Commissioner, District 45 RECEIVED AUG 2 9 2000 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/default.htm August 23, 2000 Kit Lyon, Senior Planner Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Riverview Ranch Subdivision SE/ Sec. 12, TSS, 1:22W cth n r s , li 1 .IVI. W. Division 5, W. District 45 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Ms. Lyon: We have reviewed the decree for Case No. 99CW176, which was signed by Judge Ossola on May 31, 2000, as it pertains to the above referenced proposal to subdivide a parcel of approximately 39 acres into 6 single family residential lots. A plan for augmentation was decreed in the subject case, which provides for individual wells to supply water for each lot. Uses from each well are limited to one single family dwelling, watering of two head of livestock and 100 square feet of irrigation (note the reduction from the originally proposed 4,000 square feet of irrigation). Sewage will be through individual septic systems. A well test conducted on October 7,1999, by Samuelson Pump Company, indicates that a well tested on the property produced an average of 33 gallons per minute over a five hour period. If the additional wells have similar production rates the water supply should be physically adequate. Based on the above, and pursuant to Section 30-28-136(1)(h)(I), it is our opinion that the proposed water supply can be provided without causing material injury to decreed water rights and is adequate so long as the plan for augmentation is operated according to its decreed terms and conditions. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, ,irKenneth W. Knox Assistant State Engineer KWK/CML/Riverview Ranch ii.doc cc: Orlyn Bell, Division Engineer Robert C. Klenda, Water Commissioner, District 45 • • GARFIELD COUNTY Building and Planning Department September 29, 2000 Mr. Craig Lis Office of the State Engineer 1313 Sherman St., Room 818 Denver, CO 80203 Re: Riverview Ranch Subdivision Dear Mr. Lis: I am in receipt of Mr. Kenneth Knox's letter, dated 8/23/00, regarding the Riverview Ranch Subdivision in which he found that the proposed water supply would not cause material injury to decreed water rights and is adequate so long as the plan for augmentation is operated according to its decreed terms and conditions. However, the letter discusses six (6) lots limited to one single family dwelling on each. The subdvision application actually proposes six (6) lots with the possibility of two (2) dwelling units on each lot (one primary and one accessory dwelling unit). By way of this letter, I request to know whether the State Engineer finds no material injury given that twelve (12) units are proposed. Thank you, Kit Lyon Senior Planner TPI' 945-R212/Fax! 384-5004 109 Rth fit__ Ste. 303 Glenwood finrinus. CO 81601 • • GARFIELD COUNTY Building and Planning Department August 18, 2000 Mr. Craig Lis Office of the State Engineer 1313 Sherman St., Room 818 Denver, CO 80203 Re: Riverview Ranch Subdivision Dear Mr. Lis: I am in receipt of Mr. Kenneth Knox's letter, dated 2/10/00, regarding the Riverview Ranch Subdivision in which he found that the proposed water supply would cause material injury to decreed water rights and was inadequate due to lack of a water court approved augmentation plan. It is my understanding that a water court judge has signed a decree in Case No. 99CW176. By way of this letter, I request to know whether the State Engineer finds no material injury at this point in time. Thank you, Kit Lyon Senior Planner Cc: Steve Wujek, Knight Planning Services Tel: 945-R212/Fax: 384-5004 109 Rth St__ Ste. 303 Glenwood Snrinus. CO R1601 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 99CW176 RULING OF REFEREE CL"i7 IN THE MATTER OF THE APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION OF: ROBERT M. REGULSKI IN GARFIELD COUNTY, COLORADO The above -entitled Application was filed in September of 1999, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether the statements in the Application are true and having become fully advised with respect to the subject matter of the Application, does hereby make the following Ruling of the Referee in this matter, to - wit: 1. The statements in the Application are true except as noted herein. 2. Name, address and telephone number of Applicant and Applicant's attorney: Robert M. Regulski P. O. Box 9 Rifle, Colorado 81650 (970) 625-2410 STUVER & GEORGE, P.C. Thomas W. Stuver - #1411 Attorneys for Applicant P.O. Box 907 Rifle, CO 81650 (970) 625-1887 3. Timely and adequate notice of the filing of the Application was given as required by law. 4. No Statements of Opposition to the Application were filed. The time for filing Statements of • • Page 2 Case No. 99CW176 Division 5 Water Court Regulski Opposition has expired. 5. Applicant requests that the following claims be awarded: CLAIM NOS. 1 - 6 UNDERGROUND WATER RIGHTS 6. Names of structures: Riverview Ranch Wells Nos. 1 - 6 7. Legal descriptions of points of diversion of the subject wells: Said wells are located in Section 12, Township 6 South, Range 92 West of the 6`h P.M. more particularly described as follows: Riverview Ranch Well Feet From Feet From South Section Line East Section Line Riverview Ranch Well No. 1 1600 2800 No. 2 1600 2550 No. 3 1600 2300 No. 4 1600 2100 No. -5 1600 1850 No. 6 850 1975 8. A. Source: The source of the water for each well will be underground water tributary to the Colorado River. B. Depth: The depth of each well will be approximately 200 feet. 9. A. Date of appropriation: May 25, 1999 B. How appropriation was initiated: By survey of subdivision and intent to appropriate groundwater to beneficial use. C. Date water applied to beneficial use: N/A 10. Amount claimed: 15 gpm (0.033 cfs), conditional for each well not to exceed 0.816 AF per year 11. Use: Domestic in-house use in two (2) single family dwellings, watering of two head of livestock and the watering of 100 square feet of home lawns and gardens from each well Page 3 Case No. 99CW 176 Division 5 Water Court Regulski 12. Name and address of owner of land on which wells will be located: Applicant CLAIM NO. 7 PLAN FOR AUGMENTATION 13. Names of Structures to be augmented: Riverview Ranch Wells Nos. 1 - 6. 14. Water rights to be used for augmentation: Applicant has contracted with the Colorado Water Conservation District for one (1) acre foot of water for full term M&I firm water from Gunsight Pass Reservoir AKA Wolford Mountain Reservoir as decreed in Case No. 87CW283 for 59,993 AF conditional with an appropriation date of December 14, 1987, located on Muddy Creek, tributary to the Colorado River in the NE'/+ of Section 25, Township 2 North, Range 81 West of the 6th P.M. 15. Uses to be augmented: Applicant will augment the depletions from domestic in-house use in two single family dwellings, watering of two (2) head of livestock and the irrigation of 100 square feet from each of the six (6) wells. Total Consumptive Use Depletions in acre feet (AF) from all six (6) wells will occur as follows: Month January February March April May June July August September October November December Total Domestic Irrigation * Depletions ** Depletions 12 Dwellings 600 sq ft 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.06 0.0022 0.72 0.0264 Livestock ***Depletions 12 Head 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.12 * Domestic depletions are based upon an average occupancy of 3.5 perso dwelling utilizing 100 gallons per day per person with a septic tank and Total Depletions **** 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.0722 0.8664 AF ns per leech field ** with a consumptive use factor of 15%. Irrigation depletions are based upon an consumptive use of 1.99 AF/A • • Page 4 Case No. 99CW176 Division 5 Water Court Regulski *** 15 gaUsq ft X 600 sq ft = 9000 gal/yr Livestock depletions are based upon 11 gallons per day per head with 100% C.U. The subject wells are expected to be in priority to divert under their own priorities from October through March of each year. The remaining 0.1336 AF and any amount of the 1.0 AF contracted for but not needed for augmentation in a particular month shall be released to the Colorado River to offset carriage losses of needed augmentation water from Wolford Reservoir to the subject well locations. 16. Total Diversions Applicant's consultant has determined that the actual diversions associated with the six (6) wells for each use to be augmented will occur in Acre Feet (AF) as follows: Month *Irrigation **In House Use ***Livestock Total 600 sq ft 12 Dwellings 12 Head Diversions January 0.0036 0.3920 0.0123 February 0.0036 0.3920 0.0123 March 0.0036 0.3920 0.0123 April 0.0036 0.3920 0.0123 May 0.0036 0.3920 0.0123 June 0.0036 0.3920 0.0123 July 0.0036 0.3920 0.0123 August 0.0036 0.3920 0.0123 September 0.0036 0.3920 0.0123 October 0.0036 0.3920 0.0123 November 0.0036 0.3920 0.0123 December 0.0036 0.3920 0.0123 Totals 0.0432 4.7040 0.1476 Based on 22 gal/sq ft which is 3.0 AF/A distributed equally Based on 350 gal/day/dwelling Based on 11 gallons/head/day 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 0.4079 4.8948 throughout the year Description of Plan for Augmentation: At such times as the subject wells are out -of -priority, releases of water will be made from Wolford Reservoir to compensate for the consumptive use depletions as described and tabulated above along with a 10% transit loss. 18. Description of Exchange Reach: The exchange reach will be to the location where the well depletions influence the Colorado River. Page 5 Case No. 99CW176 Division 5 Water Court Regulski FINDINGS OF THE REFEREE The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the claims in the above entitled Application should be granted as shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as Applicant desires to maintain the conditional water rights herein awarded, or until a determination has been made that such conditional right is made absolute by reason of the completion of the appropriation, or is otherwise disposed of. The Plan for Augmentation requested will not injuriously affect the owners of or person entitled to use water under a vested water right or a decreed conditional water right, and this plan for augmentation is approved in accordance with C.R.S. 37-92-305)3). Pursuant to C.R.S. 37-92-305(8), The State Engineer and the Division Engineer may lawfully be required under the terms of this Ruling to curtail all out -of -priority diversions from Applicant's wells at any time when the consumptive use associated with Applicant's diversions exceed the net amount of replacement water available under this plan for augmentation. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer and shall keep a monthly accounting of diversion and depletions as required by the Division Engineer. Applicant shall be responsible for filing an annual report with the Division Engineer by November 15t of each year summarizing diversion and replacements made under this plan. Applicant shall install such measuring devices, provide accounting and supply calculations regarding the timing of depletions as may be required by the Division Engineer to facilitate the operation of this plan for augmentation and assure compliance herewith. The State Engineer's Office shall issue a well permit for each of the subject wells pursuant to all of the provisions of this Ruling and provided Applicant submits a copy of the approved water allotment contract from the Colorado River Water Conservation District for 1.0 acre foot of water from Wolford Mountain Reservoir. The Applicant shall establish a homeowner's association or similar entity which shall be responsible for ensuring that the terms and conditions of this Ruling are met. • • Page 6 Case No. 99CW176 Division 5 Water Court Regulski It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial Review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated f (�» &o Copy of the foregoip mailed to all Counsel of record• Wates/ Referee, ---Div. E6ineer---an State Engineer- Date S� Deputy CIet4. W v!rw Ctv. No 5 Stuver BY THE REFEREE: N ter teferee Water Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of this Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing within a period of five (5) years after 75% build -out of the development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE Dated c_ COMBINED COURT OF GARFIELD COUNTY GLENWOOD SPRINGS, COLORADO Certified to be a full, true and correct copy of the origina '. •• cystt• • Dated r�� (! t . $ 1 :., Dep y Water Judge CONTRACT #CW00004 WATER SUPPLY CONTRACT This Contract is made between the Colorado River Water Conservation District (herein the "River District"), a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise, and Robert M. Regulski (herein "Contractor") effective as of the date of the River District's execution hereof indicated below. Recitals A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46-101, et seq., (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") , and permits from governmental agencies and the River District will be entitled to deliveries of water from Ruedi Reservoir under its anticipated Contract with the U.S. Bureau of Reclamation. C. The River District's Board of Directors has adopted a Water Marketing Policy by Motion dated December 1, 1995 and revised July 22, 1998, January 20, 1999, and October 20, 1999 to provide for the use of water available from the River District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be implemented through the River District's Water Projects Enterprise. D. Contractor has a need for water service, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process, in the amount of one (1) acre foot annually for municipal and industrial purposes which beneficial uses will be accomplished by Contractor in the vicinity of Rifle, Colorado by ground diversions from or within the Colorado River drainage. E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology Assumptions" which are part of that Policy and is satisfied, based on its review and investigations, that Contractor legally and physically can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and the Project's permits and decrees. Definitions In this Contract certain terms will have definitions as stated below: • The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital No. 1 and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors dated October 19, 1999. • The "Project means the River District's "Colorado River Supply" from Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283 and 95CW281, District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District in Case No. 98CW237 or other cases; and the River District's anticipated contractual right to water deliveries from Ruedi Reservoir. "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any with right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. • "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as those terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a nonagricultural product or service for sale, including without limitation, such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and nonhydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. • "Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is one (1) acre foot of Colorado River supply available during each Project Year during the term of this Contract, subject to the provisions hereof, for Contractor's use without right of carryover of any amount not used in any Project Year. • "Project Year" means a period of time from July 1 through and including the subsequent June 30. -,- • • • "Water Marketing Policy" means the River District's policy statement dated December 1, 1995 as the same was revised on July 22, 1998, January 20, 1999, and October 20, 1999 and may be amended in the future. • "Project Hydrology Assumptions" or "Hydrology Assumptions" means the document attached as Appendix "A" to the Water Marketing Policy adopted on December 1, 1995. Agreements The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. 1. River District Water Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor, the River District will make releases for Contractor, based upon Contractor's written schedule of anticipated demand, adjusted as necessary by the ongoing status of river administration vis-a-vis the priority status of Contractor's diversions. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall be subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. c. Water Measurements. The River District shall measure at the outlet works of the Contracted Water's sources of supply all Contracted Water delivered from the account of Contractor and shall notify the Division Engineer of Colorado Water Division No. 5 of the date, time, amount of release of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. e. Maintenance of Facilities. The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. -3- f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractor's nonpayment for Contracted Water or any other breach of this Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach. g. Delivery from Alternate Source. The River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use hereunder, provided that any such alternate releases shall not diminish the supply of Contracted Water or impair Contractor's legal or physical ability to make use of Contracted Water or to meet its obligations under any judicial or administrative approval described in paragraph 2.d. 2. Contractor's Water Use Obligations and Responsibilities. a. Scheduling of Use. Contractor shall provide has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the upcoming Project Year on or before June 1 annually. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District or as necessary in response to river administration of the Contractor's diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not to be needed by it during any particular Project Year. The Contractor shall update said schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. b. Carriage Losses. Contractor shall bear carriage losses, either five percent of delivery or such other amount as is determined by the Division Engineer for Colorado Water Division No. 5, from the point of delivery of Contracted Water to Contractor's point(s) of use and/or exchange or augmentation. c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for augmentation or exchange and/or secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. Contractor already had filed such an application in Water Court Case No. 99CW 176. If Contractor intends to make any such applications for any augmentation or exchange plan(s) or substitute supply plan(s), Contractor shall submit the proposed -4- application to the River District at least 30 days before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or filed, and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co - applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractor's use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Contractor shall not sublet, sell, donate, loan or otherwise dispose of any of its rights to this Contract or to Contracted Water without written notice to and the prior written approval of the River District. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, or a permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water, or where the transfer is made to an entity such as a homeowners' association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. f. Contractor's Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on form(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees and/or administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and informed officers or agents. 3. Contractor's Payments. With its application, Contractor has paid to the River District $750.00 for the one (1) acre foot of Contracted Water. On or before each anniversary date of this Contract, Contractor shall pay the River District $20.00 for the one (1) acre foot of Contracted Water, which amount represents Project Operation and Maintenance ("O&M"). The annual O&M payment of Contractor shall be adjusted on April 1, 2003 and every five years thereafter based on the cumulative change in the Boulder -Denver Consumer Price Index ("All Items"). -5- 4. Contract Term. a. Subject to the provisions of subparagraph 6.b below, the initial terms of this Contract shall be for a period of forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial term and subject to the provisions of subparagraph 6.b below, Contractor shall have the right to renew this Contract for a secondary term of thirty-five (35) years, which shall commence upon the expiration of the initial term. If Contractor desires to so renew this Contract, it shall provide the River District written notice of its intention to do so at least ninety (90) days prior to the expiration of the initial term of this Contract. Thereafter, and prior to the expiration of the initial term, the River District and Contractor shall execute a supplemental agreement of renewal in a form mutually acceptable to the River District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. c. Upon renewal, the following terms of this Contract shall be subject to renegotiation: (1) The charge for and adjustment of operation and maintenance may be increased or modified based upon the adequacy of the charge and its modification under this Contract to cover the River District's operation and maintenance costs actually experienced during the initial term. (2) The need or appropriateness of any conservation plan concerning Contractor's use of Contracted Water as determined by the River District. 5. Water Shortage. In the event that the River District is unable, because of either legal or physical reasons, to deliver any or all of the full amount of water contracted from the Project, including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. 6. Contract Termination. a. Termination by River District. (1) The River District may terminate this Contract for any violation or breach of the terms of this Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within 30 days after receiving written notice from the River District of such breach. -6- (2) The River District also may terminate this Contract if, in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above, threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits, or other interests associated with the Project. (3) The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. b. Adjustment of Payments: If the River District terminates this Contract under subparagraph 6.(a)(2) or (3), it shall repay to Contractor a portion of the Contractor's payment which represents the pro rata amount of the remaining term of the Contract (40 years or 35 years). c. Notice of Termination to Affected Officials. The River District will notify the Division Engineer and any other appropriate governmental officials of any full or partial contract termination. 7. Miscellaneous/Standard Provisions. a. Notices. (1) All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: River District: Colorado River Water Conservation District P. O. Box 1120 201 Centennial Street, Suite 204 Glenwood Springs, Colorado 81602 Attention: Secretary / General Manager -7- Contractor: Robert M. Regulski P. 0. Box 9 Rifle, Colorado 81650 with a copy to Thomas W. Stuver, Esq. Stuver & George, P. C. P. 0. Box 907 Rifle, Colorado 81650 (2) Either party may, by written notice given in accordance with this provision, change the address to which notices to it shall be mailed or delivered. b. Nondiscrimination. Contractor shall not discriminate in the availability or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or national origin or any other criteria prohibited under state or federal law. c. Amendments. No amendment, modification, or novation of this contract or its provisions and implementation shall be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. -8- DATE: __--Z-q— Com' ATTEST: p,o_o c_ L_L` Richard Eric Kuhn Secretary / General Manager • COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterprise Paul J. $ • , President CONTRACTOR -9- STATE OF COLORADO ) ss. COUNTY OF GARFIELD VERIFICATION The foregoing Water Supply Contract was subscribed and sworn to before me by Paul J.Ohri as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this ci+Lday of 2000. Witness my hand and official seal. My Commission Expires: STATE OF COLORADO ) ss. COUNTY OF GARFIELD otary Public MY COMMISSION EXPIRES APRIL 1, 2003 The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kuhn, as Secretary / General Manager, of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this day of 2000. Witness my hand and official seal. My Commission Expires: MY COMMISSION EXPIRES APRIL 1, 2003 -10- STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing Water Supply Contract was subscribed and sworn to before me by Robert M. Regulski this 4 day of d- 2000. Witness my hand and official seal. My Commission Expires: \-2-2--2-04)\ -11- ��1��� C'17�\,(t Notary Public lanning services, inc. June 27, 2000 Mark Bean, Director Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Riverview Ranch Final Plat Dear Mark: Please fmd attached three copies of the application, maps, and other supplemental information for the Final Plat submittal for the above referenced project. The Final Plat fee of $200.00 is also included. The Board of County Commissioners on June 5 of this year approved the Preliminary Plan for the project. In addition to addressing all of the Final Plat requirements, as described in Section 5.20 of the Garfield County Subdivision Regulations, the Supplemental Information as noted in Section 5.30 has been addressed as follows: A. Engineering plans, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements marked "Approved for Construction." Response: Properly marked final engineering plans and cost estimates for roads, utilities and drainage systems prepared by project engineer Enartech have been attached to the submittal package. B. Subdivision Improvements Agreement and Consent to Vacate the Final Plat executed between the subdivider and the County. Response: A draft SIA, containing a "Consent to Vacate the Final Plat" section, is attached. C. Certification of the County Treasurer's Office that all applicable ad valorem taxes have been paid prior to that in which the subdivision approval is granted. Response: Certification from the County Treasurer's office that all applicable taxes have been paid is attached. D. Copy of subdivision covenants. Response: A signed copy of the subdivision Covenants, along with the Articles of Incorporation for the Homeowner's Association and a draft of the Bylaws of the Association, has been attached. 1 box 947 - eagle, co 81631 - 970.328.6299 - fax 970.328.6254 E. Evidence that all services, including water, sewage disposal and roads, comply with state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the manner permitted by zoning and covenants affecting the lots. Response: Electric, telephone and natural gas service are available on or adjacent to the property and will be extended along Riverview Ranch Road to provide service to the Lot 1-5 building envelopes. These utilities, with the exception of natural gas, are currently available on Lot 6 and natural gas will be extended to Lot 6 when the road is constructed. Each lot will have an individual sewage disposal system (ISDS). Percolation testing completed by Hepworth-Pawlak Geotechnical for the Preliminary Plan indicates that percolation rates will allow for standard systems on the site. ISDS on Lots 1-5 will be designed by a civil engineer. Water on the lots will be provided by individual wells. Division 5 Water Court has approved a final water decree for the subdivision. A test well has been drilled on Lot 6 and Grand Junction Laboratories have tested water from this well to state level drinking standards. This information is included in the covenants. The test well pumped at over 30 gallons per minute and contained water suitable for residential use. In the covenants, in-house treatment of all ground water is required, including "filtration, chlorination, and softening, with reverse osmosis treatment provided for drinking water." There will be driveway access to Lot 6 from County Road 335 and the other lots will be accessed from the internal loop road on the site, Riverview Ranch Road. The access points for the subdivision from County Road 335 have been approved by Garfield County Road and Bridge. Water service, sewage disposal service, road access and other necessary services for this subdivision will comply will local and state laws and regulations and will be available to each lot. F. Approved site location approval from the Colorado Department of Health, Water Quality Control Division. Response: Project engineer Enartech has indicated that a site location approval from the state is not currently required for this project. G. Written evidence of an adequate legal supply of water shall be provided in a form consistent with the requirements of the resolution approving the Preliminary Plan, the report of the State Engineer submitted for consideration at Preliminary Plan review, and the requirements of this section. Etc.. Response: The final decree for the application for underground water rights and plan for augmentation was approved by the judge for Division 5 Water Court on May 31, 2000 and provides written evidence of an "adequate legal water supply." A copy of this decree is attached herein. A contract from the Colorado Water Conservation District providing for the augmentation water needed to implement the plan is included as well. Applications for well permits based on this plan have been submitted to the State Division of Water Resources and should be received within the next 30-60 days. H. School site approval or cash in lieu and fire district impact fees based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. 2 Response: At the Preliminary Plan hearings, Staff recommended that a cash -in -lieu fee of $200 per new parcel be assessed for school impact fees, for a total of $1000 for this property. I. Management plan for the operation and maintenance of individual sewage disposal system. Response: A management plan for the operation and maintenance of the ISDS within the subdivision is contained in Section 8 of the Protective Covenants. In the approval of the Preliminary Plan application, a number of conditions were attached to the approval that required additional information and response at the final plat. These include the following: 2. The applicant shall conduct a noxious weed survey and submit a weed management plan to the Garfield County Vegetation Manager and obtain written approval from him prior to Board of County Commissioners approval of the final plat. The plan shall be incorporated into the covenants. Response: A noxious weed survey was conducted the week of June 15, 2000 by Steve Anthony of the Garfield County Vegetation Management Department. The survey revealed the presence of only one noxious weed from the Garfield County Noxious Weed List on Riverview Ranch. This was Russian Knapweed. The applicant has followed up on the management of this noxious weed by completing a "2000 Garfield County/Soil Conservation Districts Weed Cost Share Application". The applicant will be enrolled in the fall management session for this program. In addition, a Noxious Weed Management Plan has been prepared for the Riverview Ranch site and is included as an exhibit to the submitted covenants. The plan calls for the Homeowner's Association to monitor the site on a regular basis for the presence of noxious weeds. A copy of this plan has been forwarded to Mr. Anthony for review and comment. If there are any changes to the plan based upon this review, these will be immediately forwarded to staff. 5. Section 8 of the covenants shall be amended to include a statement that the ISDS for Lots 1-5 must be engineered and designed by a Colorado registered professional engineer, with effluent screens on the discharge from the septic tank and a minimum setback of 25' from buildings. Response: Section 8.1.6 has been added to the covenants to reflect these statements. 6. The covenants shall be amended to reflect the accessory dwelling unit standards contained in Section 5.03.021 of the Zoning Resolution. Response: Section 5.12 has been added to the covenants to include the accessory dwelling unit standards contained in the Garfield County Zoning Resolution. 7. Enartech's recommendations shall be followed. In-house water treatment including filtration, chlorination, softening, and reverse -osmosis treatment shall be required and reflected in the covenants. Future water lines shall be sleeved and the utility plan will be revised accordingly for the final plat submission. 3 Response: Section 23.1 of the covenants has been added to reflect the in-house water treatment requirements. The utility plan has been revised to include sleeves for the future water lines from the wells. 9. The applicant shall submit an approved CDPES permit, if it is required by newly adopted regulations, at the time of final plat application. Response: As noted previously, this state site application is not required for the Riverview Ranch project. 10. In addition to the plat notes currently shown on the preliminary plan, the recommended plat notes as contained in the staff report (Section IV.P) shall be shown on the fmal plat. Etc.. Response: The plat notes indicated in this section of the staff report have been added to the fmal plat as notes 14 through 18. 11. The covenants shall be amended to note: a) That a site specific grading and drainage plan, designed by a Colorado registered professional engineer shall be required at the time of building permit application. b) The water quality tests for the Lot 6 test well and recommendations for treatment by Enartech be included in the covenants. c) The estimated worst case cost of the placement of a revetment along the Colorado River bank, if it becomes necessary to build the structure, to prevent any further erosion. Response: Section 5.13 has been added to the covenants requiring the site specific grading and drainage plan. The water quality test information has been added to the covenants as Exhibit C. The estimated worst case cost of a revetment along the Colorado River bank has been added to Exhibit A of the covenants, the River Bank Erosion Monitoring Plan. I believe that the information attached and presented herein covers the information required at Final Plat submittal. Please feel free to contact me should you have any questions or if you need additional copies of any of the submittal information. Thank you. Sincerely, Stephen R. Wujek Knight Planning Services 4 Sketch Plan Preliminary Plan Final Plat x SUBDIVISION APPLICATION FORM SUBDIVISION NAME: Riverview Ranch Subdivision OWNER: Bob Regulski P.O. Box 8, Rifle, Colorado 81651 Knight Planning Services, Inc. (970) 328-6299 SurvCo., Inc. (970) 928-8233 LOCATION: Section Township 6 So„th Range-92-49ast ENGINEER/PLANNER/SURVEYOR: WATER SOURCE: Wells 12 SEWAGE DISPOSAL METHOD: ISDS PUBLIC ACCESS VIA: Garfield County Road #335 EXISTING ZONING: Agricultural / Industrial (A/I) EASEMENTS: Utility See Final Plat Ditch See Final Plat TOTAL DEVELOPMENT AREA: (1) Residential Number Acres Single Famiy 6 Lots "18_Q96 Duplex Multi -family Mobile Home (2) Commercial Floor Area Acres sq.ft. 0 (3) Industrial sq.ft. 0 (4) Public/Quasi-Public 0 (5) Open Space/Common Area 38.996 TOTAL: PARKING SPACES: Residential 1 space per 600 sq. ft. of residential floor space. Commercial Industrial Report Date: 06/27/2000 02:49PM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20002021 SCHEDULE NO: R230860 ASSESSED TO: REGULSKI, ROBERT M. 45 MID VALLEY DR NEW CASTLE, CO 81647-9657 ORDER NO: VENDOR NO: STEVE WUJEK LEGAL DESCRIPTION: SECT,TWN,RNG:12-6-92 DESC: A TR IN LOTS 6 & 7 & SESW, SWSE EXCEPT 4.16 AC DESC: DESC. IN 749/163. DESC MAY CONTAIN SOME PORTIONS DESC: OF MEANDER LAND. BK:0622 PG:0006 BK:0696 PG:0608 BK:0730 PG:0894 BK:0749 PG:0170 BK:0758 PG:0209 BK:0878 PG:0841 BK:0878 PG:0840 BK:0940 PG:0045 BK:0940 PG:0042 BK:0940 PG:0044 BK:0940 PG:0034 BK:0940 PG:0037 BK:0940 PG:0040 BK:0945 PG:0222 BK:0947 PG:0488 BK:0950 PG:0028 PRE:R023408 PARCEL: 217912400466 SITUS ADD: SILT TAX YEAR TAX YEAR TAX YEAR TAX LIEN SALE TOTAL STATEMENT CHARGE TOTAL TAXES ASSESSMENT ASMT AMOUNT TOTAL ASMT TAX AMOUNT INT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 ADV,PEN,MISC TOTAL DUE 0.00 TLS AMOUNT GRAND TOTAL DUE AS OF 06/27/2000 ORIGINAL TAX BILLING FOR 1999 Authority GARFIELD COUNTY BURNING MTS FIRE COLORADO RIVER H2O WEST DIVIDE H2O GRAND RIVER HOSPITAL SCHOOL RE -2 COLORADO MT COLLEGE ROAD & BRIDGE FUND SOCIAL SERVICES DEPT GARFIELD CAP EXP INT AMOUNT REDEMPT FEE TOTAL DUE 0.00 0.00 TAX DISTRICT Mill Levy 8.812 4.125 0.282 0.248 5.597 27.965 3.655 1.205 0.883 2.755 023 - 2HD-SF Amount 35.25 16.50 1.13 0.99 22.39 111.85 14.62 4.82 3.53 11.02 Values Land Exempt Improve Total 55.527 222.10 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97, REAL PROPERTY - SEPTEMBER I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS. THE COUNTY CLERK. OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned. do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 27th da June, 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Actual 13800 0 0 Assessed 4000 0 0 13800 4000 Jun -26-00 05:20P P.01 DECLARATION OF PROTECTIVE COVENANTS FOR THE RIVERVIEW RANCH SUBDIVISION GARFIELD COUNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS that Robert M. Regulski, owner of the Riverview Ranch Subdivision located in Garfield County, Colorado, and being desirous of protecting property values and the health, convenience, welfare, and use of the owners of the lots therein, does hereby declare and adopt the following Restrictions, Covenants, and Conditions, each and all of which shall be applicable to and run with the lots in The Riverview Ranch Subdivision as the same appear upon plat thereof filed for record on day of , 2000, as Document No. in the office of the Garfield County Clerk and Recorder, Said Restrictions, Covenants and Conditions being as follows: 1. Definitions. As used in these Protective Covenants, the following words, terms, and letter designations shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee for the Subdivision and shall consist of the three (3) members designated by the Declarant to perform the duties of the ACC. Subsequent to the sale by Declarant of all Tots that are within the Subdivision, or such earlier time as is determined by Declarant, the ACC shall consist of the three (3) members of the Board or such other three (3) persons as may be designated by the Board. 1.2 "Accessory Dwelling Unit" shall mean a dwelling unit for residential use occupancy not to exceed 1500 square feet in gross floor area. Each lot in the subdivision shall be allowed a primary residence or unit along with an accessory dwelling unit. 1 .3 "Act" shall mean the Colorado Common Interest Ownership Act, Colo. Rev. Stat. No. 38-33.3-101-319 (West Supp. 1996). All other terms used herein shall be defined consistent with the meanings defined under the Act. 1 .4 "Association" shall mean The Riverview Ranch of Garfield County Homeowners Association, Inc., a Colorado nonprofit Corporation. 1.5 "Board" shall mean the board of directors of the Association. 1.6 "Declarant" shall mean Robert M. Regulski, his heirs, successors and assigns. 1.7 "Lot" shall mean a lot in the Subdivision. 1.8 "Owner" shall mean the owner of a Lot in the Subdivision. 1.9 "Plat" shall mean the Final Plat of the Subdivision filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 1.10 "Property" shall mean the real estate encompassing the Subdivision. 1.11 "Residence", "Unit" or "Dwelling" shall mean a single family structure on a Lot within the Subdivision. 1 1.12 "Residential Purpose" shall mean the use of a residence as a home or principal dwelling place by the owner thereof. Rental of said unit shall be permissable only If rented to a single family. 1.13 "Single Family" shall mean one or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding two (2), living and cooking together as a single housekeeping unit though, not related by blood, adoption, or marriage shall be deemed to constitute a family. 1.14 "Subdivision" shall mean The Riverview Ranch Subdivision, a planned community located in Garfield County, Colorado set forth and more particularly described on the Plat. 2. Riverview Ranch Homeowners Association_ 2.1 Each Owner shall automatically become a member of the Association. 2.2 The purposes and powers of the Association are as set forth in its Articles of Incorporation, Bylaws and the Act and include, but are not necessarily limited to, the management, control and maintenance of 2.2.1 the irrigation water distribution system: 2.2.2 roadways dedicated to the public; 2.2.3 all common areas; and 2.2.4 the drainage easement located adjacent to the easterly boundary of Lots 5 & 6. 2.2.5 the "River Bank Erosion Monitoring Plan" for the subdivision as described as Exhibit A. The Association is responsible for implementing and keeping records for the monitoring program. 2.3 The Association may assign its future income, including its rights to receive common expense assessments, upon an affirmative vote of a majority of Lot Owners at a meeting called for such purpose. 2.4 During the period of Declarant control, as described in Paragraph 31 Infra, the Declarant shall have the right, pursuant to Section 38-33.3-303(5) of the Act, to appoint and remove officers and members of the Board of Directors of the Association. In the event the Declarant surrenders such right, he may require, by separate recorded instrument, that certain Association actions shall nonetheless require Declarant approval to become effective. 2.5 The Association shall have one (1) class of membership, Each Lot Owner, as a member of the Association, shall be entitled to cast one (1) vote for each lot owned by such Owner, on all matters coming before the Association for a vote. In the event there are multiple Owners of a Lot, the following provisions shall govern: 2.5.1 If only one of the multiple Owners of a Lot is present at a meeting of the Association, such Owner is entitled to cast all the votes allocated to that unit. 2 2.5.2 If more than one of the multiple Owners are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. If a majority agreement on the matter before the Association is not reached by the multiple Owners, said shall be deemed to have abstained from voting on said matter. 2.5.3 A majority agreement of owners shall be deemed to exist if any one of the multiple Owners casts the vote allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other Owners of the unit. 3. Single Family Residential Use Only. Except as provided in Paragraph 4 below, all Residences, including accessory dwelling units, shall be occupied and/or otherwise used for single family purposes only. 4. Home Occupation. A home occupation may be maintained within each residence. The maintenance of said home occupation shall be subject to the following limitations and restrictions: 4.1 Persons not residing within the residence shall not be allowed to occupy and/or otherwise utilize the home office. 4.2 No activities conducted within the home occupation shall be perceptible from the outside of the residence nor shall the same be advertised by bill board, sign or other method perceptible within the Subdivision. 4.3 No activity conducted within the home occupation shall cause or otherwise result in increased vehicular or pedestrian travel through the Subdivision. 4.4 The maintenance of a home occupation shall comply with all requirements governing conditional uses set forth in the Garfield County Zoning Regulations at 5.03 and 5.03.10, as now in effect, or hereafter amended_ 5. Limitations on Structures. Single -Family Residential Use Only. All Lots within the Subdivision shall be subject to the following restrictions: 5.1 No more than one (1) detached single-family dwelling, (1) one accessory dwelling unit, and one (1) attached or detached garage for not more than four (4) automobiles shall be erected upon any Lot. 5.2 No building or structure intended for or adapted to business, commercial or manufacturing purposes, nor any multiple -family dwellings, shall be erected, placed, maintained or permitted upon any Lot. This shall not apply to rental of the primary or accessory dwelling unit. 5.3 All structures, including garages, shall be located within the designated building envelopes as shown on the final recorded plat of Riverview Ranch Subdivision. 5.4 The minimum size of each primary residential structure erected shall be not less than one thousand, five hundred (1 500) feet of finished living space, exclusive of basements, open porches,garages and carports. 5.5 No structure shall be permitted on any Lot which exceeds thirty (30) feet in height from the highest natural finished oracle line irnmediatPly adininino the fnundatinn nr ctnectilrri 3 5.6 No building shall be erected by means of other than new construction, it being the purpose of this covenant to ensure that old buildings will not be moved from previous locations and placed upon a Lot. 5.7 All structures shall be constructed of either brick, stone, lumber, stucco or a combination thereof. The use of cinder block shall not be allowed unless it is faced with another material herein approved. All roofs shall be finished with approved, fire-resistant roofing materials. 5.8 All driveways and parking areas shall have either paved or graveled surfaces. 5.9 No structure shall be placed or erected upon any Lot which Is, ever has been, or could be made the subject of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes, nor shall structures constructed in the fashion and manner as mobile homes or manufactured housing be allowed. 5.10 Each structure shall be completed within one (1) year from date of commencement of construction. 5.11 Open hearth, solid fuel fireplaces shall not be allowed within the Subdivision. One (1) new, solid -fuel stove as defined in Colo. Rev_ Stat. 25-7-401 et_ seq. (1995 West Supp.) and the regulations promulgated thereunder. shall be allowed in any dwelling unit. Ali dwelling Units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5.12 An accessory dwelling unit on a lot in the subdivision must meet the following standards of Section 5.03.021 of the Garfield County Zoning Resolution of 1978: (1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size_ (2) The gross floor area for residential use occupancy shall not exceed 1 500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units is allowed. (7) That all construction complies with the appropriate County building code requirements. 5.13 A site specific grading and drainage plan, designed by a Colorado registered professional engineer, shall be required at the time of building permit application. 6. Resubdivision Prohibited. No further divisions of land within the Subdivision will be allowed_ A Boundary line adjustment which does not result in the creation of an additional Lot shall not, for the purpose of this paragraph, constitute a resubdlvlslon of the Lot. 7. Utility Lines. All gas lines, Tight and power lines, telephone lines and television cable shall be buried underground at the Owner's expense and out of sight from their primary source at the Lot line to the dwelling. 4 8. Sewage Disposal, Each residence shall contain at least one (1) fully -equipped bathroom and all sewage therefrom shall be disposed of by means of individual sewage disposal system. Each individual sewage treatment system shall be located so as to avoid impairment during a 100 year flood event and constructed in a manner to facilitate ready access for maintenance. Each Lot Owner shall be responsible for the construction, operation and management of their individual disposal system. The Association will contract with a septic tank systems cleaner to clean all of the septic tanks on an annual basis or such other frequency as shall be determined by the Association. 8.1 The recommended management plan for the operation and maintenance of the sewage disposal system should be as follows: 8.1.1 The individual sewage disposal systems should be designed and constructed in conformance with Garfield County regulations. 8.1.2 Each septic tank should be Inspected annually. If the depth of sludge is 40 percent of the total liquid depth. the tank should be pumped. Septic tanks usually need pumping every 2-5 years, depending on tank size and water use. 8.1 .3 The septic tanks should be pumped by a licensed septic tank system cleaner, with proper disposal of the waste materials. 8.1 .4 The leach fields should be protected from damage or soil compaction from vehicles driving over the system. 8.1.5. The sewage disposal systems should be protected from excess water from roof drains, surface drainage, irrigation water. leaky faucets, leaky toilets, or overuse of garbage grinders. 8.1.6_ Individual Sewage Disposal Systems (ISDS) serving Tots 1, 2, 3, 4 and 5 shall be engineered by a civil engineer licensed in the State of Colorado, with effluent screens on the discharge from the septic tank and a minimum setback of 25' from buildings. 8.1.7. In addition, owners should refer to Exhibit B of the covenants from the Fall 1995 issue of pipeline entitled "Maintaining Your Septic System - A Guide For Homeowners" for additional maintenance recommendations. 9. No Temporary Structures_ No structure of a temporary character, trailer, basement, tent, shack, garage. or any other outbuildings of any description shall be used on any Lot, except on a temporary basis not exceeding five (5) months by the construction contractor constructing a dwelling on a Lot. Compliance with the Garfield County Regulations is required with respect to such temporary structure permitted under this paragraph. 10. No Commercial Use. There shall not be permitted or maintained upon any Lot or any part thereof any trade, business or industry, except that Owners may, pursuant to the limitations and restrictions contained in Paragraph 4, supra, maintain a home office and/or rent or lease their dwelling and/or accessory dwelling unit for residential purposes when not required for the Owners' use. Renting or leasing of a dwelling unit may only be done for the entire dwelling unit_ 5 11. Fences and Hedges. No fencing shall be constructed or located on any Lot with the exception of "Invisible fencing" for dog control and/or dog kennels in conformity with Paragraph 13.2.4 of these Covenants. The areas between Riverview Ranch Road and County Road 335 shall not be fenced along common Lot Lines and are intended to remain in agricultural use. 12. Water Rights. The Association shall own an undivided one hundred eight (108) shares in the Ward Reynolds Ditch Company. 13. Animals_ 13.1 Except as expressly limited herein, domestic animals shall be permitted subject to any rules which may be promulgated by the Association. 1 3.2 Lot Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations: 13.2.1 No more than one (1) dog shall be kept by any Lot Owner at any time on any one (1) Lot. Puppies under the age of three (3) months of age, shall not constitute a dog as used herein. 13.2.2 Dogs shall be kept under the control of their Owners at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. 13.2.3 Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (1 5) minute period. 13.2.4 When not accompanied by a person as provided in 13.2.2 above all dogs shall be leashed, chained, "electric fenced" or kenneled. The location of kennels shall be subject to review of the ACC. 1 3.2.5 All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste. 13.2.6 The Association shall, pursuant to the procedures set forth in Paragrph 20.1, infra, assess and enforce penalties against Owners violating the restrictions applying to dogs as follows: One Hundred Dollars (5100.00) for the first violation committed by an Owner's dog; Two Hundred Dollars (5200.00) for the second violation; Three Hundred Dollars (5300.00) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed by approval of the Association's Board of Directors_ Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another, the Association shall be authorized to prohibit the property Owner or resident from continuing to maintain the offending animal on his property and may dispose of that animal, if necessary, to protect wildlife or other Owners, persons or property. The offending dog owner shall be provided written notice of such action at least two (2) days before disposal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Lot Owner and/or the dog owner, or both, at the Association's sole option_ 6 Jun -26-00 05.20P P_O2 13.3 No farm or ranch animals shall be allowed within the Subdivision nor shall any commercial animal breeding, kennels, stables or veterinary activities of any kind, be allowed within any residence or upon any Lot within the Subdivision. 1 3.4 Notwithstanding the foregoing, no animal may be kept within a Lot or residence which, in the good -faith judgment of the Association's Board of Directors, results in any annoyance or is obnoxious to residents in the vicinity or to Lot Owners within the Subdivision. 14. Maintenance of Property. 14.1 The Owner of each Lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for this purpose. 14.2 No noxious or offensive conduct or activity shall be carried upon any Lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 14.3 Clothes lines, equipment, propane tanks, garbage cans, service yards, woodpiles or storage areas shall be adequately screened by planting or construction concealing the same from view of neighboring Lots and streets. 14.4 The outside burning of any trash, rubbish or other materials shall be absolutely prohibited. Standard and approved outdoor barbeques and fireplaces shall be allowed for the preparation of foodstuffs only. 14.5 All Lots within the Subdivision shall be subject to inclusion in any county improvement districts established in the New Castle/Silt vicinity and/or a metropolitan sanitation district. Inclusion shall be according to the regulations of such district and applicable statutes, if and when created. 14.6 The Riverview Ranch of Garfield County Homeowner's Association, Inc. is irrevocably appointed the agent for the owners of the respective lots for the purpose of maintaining the agricultural use of the area between Riverview Ranch Road and County Road 335. In it's capacity as agent for the respective owners the Association shall: (a) clean and maintain in good repair all irrigation ditches pertaining to that portion of the property, and properly irrigate all portions of the fields previously irrigated; (b) keep that portion of the property free from weeds, including along the fences and ditches; (c) properly cultivate, fertilize, farm and plant that portion of the property in field crops or hay consistent with good farming practice, and cultivate and sell any crop for benefit of the Association. For these purposes only, the Association may, as agent for the owners, lease that portion of the property on a cash or sharecrop basis, subject to an annual review and renewal by the Association. In any event, the rents or cash proceeds of crops raised on that portion of the property shall be applied first to the cost of maintaining the agricultural condition of the the subject premises, including maintenance of fences, irrigation ditches, control of noxious weeds, and fertilization of the fields, and payment of the assessments for maintenance of the Association's rights in the Ward Reynolds Ditch, with the remainder, after holding reserve for future operations costs, to be applied to the other expenses for which lot owners would otherwise be obligated to pay assessments to the Association pursuant to Paragraph 19. For the purposes of this provision and Section 19, the area between Riverview Ranch Road and County Road 335 shall be considered the Association's 7 "common property" although the fee ownership of that portion of the respective Tots shall remain in the respective owners. 14.7 So long as the agricultural operations of the Association are not interfered with and growimg crops are not thereby damaged, the owners and their guests may freely enter upon the areas between Riverview Ranch Road and County Road 335, subject to such rules and regulations as the Association may promulgate. 14.8 It is the responsibility of the landowners, according to the Colorado Noxious Weed Act, to manage any County noxious weeds that are on their property. Owners should follow the guidelines listed in Exhibit D, the Riverview Ranch Noxious Weed Management Plan. 15. Vehicles. 1 5.1 All motor vehicles must be currently licensed and operational_ 1 5.2 No business vehicles shall be permitted which do not completely enclose within the vehicle all machinery, equipment and other evidence of the trade, craft or business other than the signs affixed to the vehicled advertising the same. No construction vehicles shall be parked on any Lot or street except during construction activity. 1 6. Signs. No billboards, signs or other advertising devices of any nature shall be erected, placed, maintained or permitted, providing that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise property for sale or rent insofar as it is necessary to promote the sale and development of such properties. Approved numbers and addresses shall be placed on all new structures or in such a position as to be plainly visible and legible from the street fronting any Lot. 1 7. Fire Protection. 17.1 Fire protection for the Subdivision will be provided by the Burning Mountain Fire Protection District, located in Silt The water supply for fire protection will be available from a water tanker provided by the district. 1 7.2 There will be no parking of vehicles, trailers, or equipment along Riverview Ranch Road to allow for the free movement and access of fire vehicles_ 1 7.3 Sprinkler systems may be installed in a residence at an owner's discretion_ While a sprinkler system is a recommendation of the Association, it is not required for approval of architectural plans and specifications. 1 8. Adoption of Budget. Within thirty (30) days after the adoption of any proposed budget by the Association, the Association shall mai!, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the unit owners and shall set a date for a meeting of the Lot Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all Lot Owners or any larger percentage specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Lot Owners must be continued until such time as Lot Owners ratify a subsequent budget proposed by the executive board_ 8 19. Collection of Assessments; Enforcement. 19.1 Assessments. All Lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments shall be based upon the budget adopted pursuant to Paragraph 18 herein and may be lawfully imposed for any items of common expense which may include, among other things, expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving and preserving the Association's common property; expenses of the ACC; and insurance, accounting and legal functions of the Association, and preserving water rights, The Board of Directors may establish contingency and reserve funds for the maintainance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Lot Owner (numerator) and the number of Lots in the Subdivision (denominator)_ The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners special assessments for such purpose or purposes, in accordance with with this Declaration, the Articles or Bylaws of the Association, as may be necessary. Any such special assessment shall be paid by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 19.2 Lien for Nonpayment of Assessments_ All sums assessed by the Association, including without limitation, the share of common expense assessments chargeable to any Lot Owner, any fines, charges, late charges, penalties, attorney fees, and interest which may be levied on a Lot Owner, and unpaid utility fees and assessments charged to a Lot Owner, shall be the personal obligation of the Lot Owner at the time such assessment becomes due. Said personal obligation may not be passed to a successor in title, unless the obligation is expressly assumed by the successor. All sums shall also constitute a continuing lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: 19.2.1 Liens for real estate taxes and other assessments against the Lots in fovor of any governmental assessing unit. 19.2.2 All sums unpaid on a first mortgage, deed of trust or other encumbrance of record, including any unpaid obligatory sums as may be provided by encumbrance, except the lien shall have limited priority over such first mortgage, deed of trust or other encumbrance as provided by the Act_ 19.2.3 Liens and encumbrances recorded before the recordation of the Declaration, except as otherwise provided herein or by the Act. 19.2.4 if an assessment is payable in installments, each installment shall also constitute a continuing lien from the date it becomes due. 19.3 Waiver of Homestead Exemption. Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. 38-41-201, et, seq., and each Owner hereby agrees that the 9 acceptance of the deed or other instrument of conveyance in regard to any Lot within the Subdivision shall signify such grantee's waiver of the homestead right granted in said article of the Colorado statutes. 19.4 Pena/ties: Notice of Lien. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the rate established by the Board, not to exceed twenty one percent (2196) per annum. The Board may impose a late charge on such defaulting Owner as may be established by the Board_ In addition, the Board shall be entitled to collect reasonable attorney's fees incurred in connection with any demands for payment and/or collection of delinquent assessments; the initiation or filing by the Board, of a civil action shall not be a condition for the recovery of attorney fees pursuant to this provision. To evidence such lien, the Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and its legal description. Such a notice shall by signed by one (1) member of the Board and may be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. 193 Foreclosure.. Release of Lien. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association, at its election, and in addition to any other remedies it may have at law or In equity, may also sue an Owner personally to collect any monies owed the Association. Any recorded lien for nonpayment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. 20. Enforcement of Covenants and Restrictions. 20.1 Right of Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within the Subdivision. In addition, each Owner of land within the Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees for each claim asserted in said action. Upon providing thirty (30) days' written notice and the opportunity to be heard thereon to any Owner of a violation of these Covenants, failure to eliminate or cure said violation, the Association, In addition to the other remedies set forth herein, may levy a penalty of Fifty Dollars (550.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. 20.2 Limitations on Actions. In the event any construction or alteration of landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants, and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall riot apply to injunctive or equitable relief against other violations of these Covenants. 10 21. Easements. 21.1 Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision, addendums thereto and that are conveyed to it by deed. Except by agreement with an Owner, The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 21.2 Easements for Access and Repairs. The Association shall be entitled to an easement across each Lot within the Subdivision for the purpose of accessing and protecting any of the Association's property and for necessary repairs and emergency circumstances_ The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all the provisions of these Covenants. 21.3 Easements. Easements and rights-of-way in perpetuity are hereby reserved for the erection, construction. maintenance and operation of wires, cables, pipes, conduits, apparatus for the transmission of electrical current, telephone, television and radio lines, and for the furnishings of gas and electrical services, irrigation ditches and laterals, wells and all associated structures, together with the right to enter for the purpose of installing, maintaining, repairing, replacing and improving the same as shown on final plat. 22. Roadways. All roadways in the Subdivision shall be dedicated to the public. Such roadways shall be subject to an easement and right-of-way for ingress and egress for the installation and maintenance of utilites as provided in Paragraph 21 .3 above. The costs of maintenance, repair and snow removal shall be funded by fees collected as assessments by the Association as provided in the Bylaws. All roads and parking areas should be maintained in a condition which will prevent dust generation_ 23. Well Water. Each Lot in the Subdivision will be allowed one (1) active well per Lot to serve the individual requirements of its Owner(s). Water provided by each well shall be for domestic in-house use only and for the irrigation of grass, shrubs, trees or other foliage on each Lot as permitted by the Association and the approved augmentation plan. 23.1 In-house water treatment of ground water is required, including filtration, chlorination, and softening, with reverse osmosis treatment provided for drinking water. 23.2 Water quality and pump test data for the Lot 6 test well are provided in Exhibit C. 24. Lighting. All exterior lighting ( with possible exceptions for lighting necessary for safety purposes ) shall be directed inward, toward the interior of the Subdivision. It will be recommended by the ACC that all Lot Owners make every effort possible to limit the use of exterior lighting at night and the ACC shall encourage Owners to build in such a fashion that minimizes light sources directly visible from outside the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. Safety lighting shall be allowed as necessary. 11 25. ACC. 25.1 No improvements of any kind, including, but not limited to, dwelling houses, ISDS location, garages, fences, swimmimg pools, tennis courts, parking areas, drives, antennas, flagpoles, walks and every other type of improvement, shall be constructed or altered on any lands within the Subdivision, including the common areas, nor may any vegetation be altered or destroyed, nor any landscaping performed on any tract unless three (3) complete sets of architectural plans and specifications for such construction, alteration or landscaping are submitted to the ACC and approved in writing prior to the commencement of such work. All decisions of the ACC shall be in writing. One (1) set of such plans and specifications shall remain on file and become a permanent record of the ACC. If the ACC fails to take any action within thirty (30) days after complete architectural plans and specifications for such work have been submitted to it, then all of such architectural plans shall be deemed to be approved; provided, however, that no uses may be authorized or deemed approved unless adequate water resources are available to sustain such use. 25.2 The ACC shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the land within the Subdivision conform to and harmonize with the natural surroundings and with existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. The ACC shall protect the seclusion of each homesite from other home sites as much as possible. 25.3 Architectural plans and specifications submitted under Paragraph 25.1 supra, shall show the nature, kind, shape, height, materials, floor plan, building elevations, location, ISDS location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly consider and make a determination thereon. The applicant shall also submit a plan showing any proposed landscaping or revegetation required to restore disturbed areas, together with a schedule for the completion of such work. The ACC may disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of It by these Covenants or may require applicant to supply such additional materials as may be required for the ACC to perform this task. In the event additional materials are provided by the applicant to the ACC, the ACC shall have thirty (30) days from the date of receipt of said additional materials to conduct the review required herein. 25.4 The ACC may grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these Covenants. 25.5 The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such architectural plans. 25.6 The Initial members of the ACC shall be: Robert M. Regulski Robert Holmes Russell Fritz 12 25.7 The initial address for official correspondence with the ACC shall be Post Office Box Nine (9), Rifle, Colorado 81 650. 25.8 A majority of the ACC may designate a representative to act for it. Should a member resign or become unable to act, the other members shall appoint a successor. 26. Insurance. 26.1 Not later than the time of the first conveyance of a Lot to an Owner other than the Declarant, the Association shall, in conformance with the provisions set forth Colo. Rev. Stat. 38-33.3-313(1)(a) and (b) (West Supp. 1995) to the extent reasonably available, obtain and keep in full force and effect the following insurance coverage: 26.1.1 Property Insurance - Property insurance in an amount not less than the full insurable replacement cost, less applicable deductibles, on all common elements and on all property that must become common elements. 26.1.2 Commercial General Liabitty Insurance - Commercial general liabilty insurance, in an amount deemed sufficient by the Board, covering the Board, the Association and their respective employees and agents against claims and liabilities arising in connection with the ownership, existence, use or management of the common elements. The Declarant shall be included under this policy as an additional insured. 26.1.3 Fidelity Insurance - to the extent reasonably feasible, fidelity insurance insuring all persons charged with handling Association funds in an amount of no less than two (2) months' assessments, calculated from the current budget. 26.1.4 Any additional coverage required by the Act or other laws. 27. Covenants Run With Land_ These Covenants are to run with the land and shall be binding upon all parties and alt persons claiming under them until the year 2020, at which time said Covenants shall be automatically extended for successive periods of five (5) years unless, by vote reflected by signed documents duly recorded by sixty-seven percent (67%) of then Owners, based upon one (1) vote for each Lot owned. it is agreed to change said Covenants in whole or in part. 28. Termination of Covenants. These Covenants may be lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained. 29. Amendment of Declaration. Except for the right of the Declarant to amend this Declaration or sections which give the Declarant rights, as specified herein or by law, this Declaration may be amended by a vote of sixty-seven percent (67%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held. Any amendment shall become effective upon recordation, provided a properly certified copy of the resolution of amendment Is placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 30. Notice to Unit Owners. Written notice of matters affecting the Subdivision, Association and/or planned community shall be sent to all unit Owners by delivering such by regular first-class mail to the addresses of such Owners. All Owners shall register with the Association 13 an address for delivery of such notice and shall timely notify the Association of any change of address. 31 . Limited Liability. The Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Association agrees to indemnify the Board against Toss resulting from such action or failure to act if the Board acted or failed to act in good faith and without malice. 32. Declarant Control_ The period of Declarant control of the Association shall terminate sixty (60) days after conveyance to Owners other than the Declarant of seventy-five percent (75%) of the Lots within the Subdivision. Not later than sixty (60) days after such conveyance, at least one (1) member and not Tess than twenty-five percent (25%) of the executive board must be elected by Lot Owners other than the Declarant. 33. Rights Transferable. Any special Declarant right or additional right created or reserved under this Declaration for the benefit of Declarant may be transferred to any person by an instrument describing the rights tranferred and recorded in Garfield County, Colorado. Such instrument shall be executed by the transferor Declarant and the transferee. 34. Severability. The invalidation of any one of these Covenants by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. 14 Dated this day of _ , 2000 BY Obert M. Reguls STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing was acknowledged before me this i day of Robert M. Regulski WITNESS my hand and seal. My commission expires: Address: / r NOTARY PUBLIC 15 , 2000, by EXHIBIT A RIVER BANK EROSION MONITORING PLAN RIVERVIEW RANCH SUBDIVISION Introduction The Riverview Ranch Subdivision is located in the South '/2 of Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado. The property contains 39.00 acres and six residential lots. The northerly boundary of the subdivision is adjacent to the southerly bank of the Colorado River. Along most of this boundary is a steep escarpment which drops approximately 30-40 feet from the level of the river terrace down to the river itself Potential long-term erosion of this bank is a concern that the Riverview Ranch Homeowner's Association will address through the monitoring program described herein. The goal of the monitoring plan is to provide a means to track any morphological changes to the escarpment so that remedial measures may be employed as needed to protect the safety and welfare of the subdivision inhabitants. Baseline Conditions A topographical survey of the property was completed in 1999 by SurvCo of Glenwood Springs. This survey has established elevations and the horizontal location of the top and bottom of the escarpment. This survey, along with the additional data collection outlined below, will be considered the baseline data for the bank erosion monitoring program. A digital copy of the survey file will be provided to the Homeowner's Association at their request. Within 12 months of the approval of the final plat, the Homeowner's Association shall contract with a licensed professional surveyor to set out a series of monitoring points along the top of the bank of Lots 1 through 5. These monitoring points will consist of an aluminum cap labeled with the monitoring point number placed on a no. 5 rebar 36" in length. The points will be set within 5 feet of the vertical edge of the bank, and a vertical measurement from the top of the cap to the ground will be recorded. The horizontal distance to the edge of the escarpment will be recorded as well, along with an elevation reading at the edge. Horizontal and vertical positions of each of the monitoring points will be recorded based on the coordinates of at least two independent control points in a secure location separate from the monitoring points. The length of the escarpment along Lots 1 to 5 is approximately 1100 feet in length and it is recommended that a monitoring point be established at approximately 100 foot intervals along this length. For long-term protection purposes, each monitoring point will be protected by placing a metal fence post within 3' of the point. 1 The horizontal and vertical data for each monitoring point, for the edge of the escarpment at each monitoring point, and for each project control point will be recorded by the surveyor and provided to the Homeowner's Association. The Association will incorporate the survey data into the minutes of the next available scheduled homeowner's meeting. Monitoring Program Observations of the monitoring points shall be conducted every two years. Horizontal and vertical coordinates of each monitoring point and of the escarpment edge at each monitoring point shall be recorded and compared to the baseline data and to previous observations. The goal will be to determine the amount of change occurring along rim of the escarpment. This data will be collected and retained as part of the official record of the Riverview Ranch Homeowner's Association. As recommended by the Hepworth-Pawlak Geotechnical review of slope conditions and proposed monitoring program dated April 17, 2000, initial monitoring information should be collected more frequently than two years to help establish the baseline data. In the first two year period, it is recommended that data be collected at six month intervals in order to determine this baseline information. As long as little or no change is recorded along the top of the escarpment, the frequency of observations may remain the same. If observations indicate that a portion of the top of the escarpment are undergoing morphological change of 3 feet or greater in a two year period, observations of the affected areas should be increased to a minimum of once per year. In addition, the Association should contact a geotechnical or other qualified engineer to review the affected area(s) and recommend a course of action. Biennial observations of the monitoring points may resume based on the stability of the affected areas and on the recommendations of a geotechnical or other qualified engineer. Erosional areas of greater than 50 square feet in a two year period will require increased monitoring, a minimum of twice per year, and may require stabilization procedures. Review of the affected areas by a geotechnical or other qualified engineer is required if this level of erosional damage occurs. If little or no change is observed over a ten year period, the Association may reduce the observations to once every four years. Mitigation Procedures A number of procedures are currently available which can help stabilize and mitigate the impacts of erosion on the river escarpment, and others will become available in the future. As noted in the Hepworth-Pawlak Geotechnical letter report of April 17, 2000, mitigation measures along the escarpment should be prepared on an individual basis depending on the specific problem. All mitigation and stabilization measures shall be based on the recommendation of a geotechnical or other qualified engineer. 2 Costs & Responsibility The Riverview Ranch Homeowner's Association will be solely responsible for all costs associated with the implementation of and any maintenance for the Erosion Monitoring Plan. Estimated costs for the surveying work associated with the initial years of the monitoring program are as follows: • Initial Setup of Monitoring Program - $1500-2000. • Establishment of Baseline Data in First Two Year Period - $1000-1500/visit. • Follow-up Monitoring - $1000-1500/two year period. In the event that future mitigation is needed, estimated costs for stabilization and mitigation of the escarpment with a rock rip -rap wall is $6,000 for 100 lineal feet. In a "worst case" scenario where rock rip -rap would need to be placed at the base of the entire 900 feet of escarpment, the cost would be approximately $54,000. The Riverview Ranch Homeowner's Association will be responsible for the costs associated with mitigation and stabilization measures for the escarpment as long as it is considered a natural process. In the event that erosional damage is caused by the actions of one or more owners, the Association may vote to require the owner or owners responsible for the damage to pay for the costs of mitigation and stabiliaztion. 3 P113 • 1 e EXHIBIT B ne Fall 1995__ Vol. 6, No. 4 ,,A, SMA( 0� N • z tio 4R1 NGVP Small Community Wastewater Issues Explained to the Public MAINTAINING YOUR SEPTIC SYSTEM - A GUIDE FOR HOMEOWNERS ut of sight and out ofmind— • does rbis describe your relationship with your septic system? If you are like most homeowners, you probably never give much thought to what happens to what goes down your drain. But if you rely on a septic system to treat and dispose of your household wastewater, what you don't know can hurt you. Proper operation and maintenance of your septic system can have a significant impact on how well it works and how long it lasts, and in most communities, septic system maintenance is the responsibility of the homeowner. Why Maintain Your System? There are three main reasons why septic system maintenance is so important. The first reason is money. Failing septic systems are expensive to repair or replace, and poor maintenance is a common cause of early system failures. The minimal amount of preventative maintenance that septic systems require costs very little in comparison. For example, it typically costs from $3,000 to $10,000 to replace a failing septic system with a new one, compared to approximately $50 to $150 to have a septic system inspected, and $150 to $250 to have it pumped. The second and most important reason to maintain your system is to protect the health of your family, your community, and the environment. When septic systems fail, inadequately treated household wastewater is released into the environ- ment. Any contact with untreated human waste can pose significant health risks, and untreated wastewater from failing septic systems can contaminate nearby wells, groundwater, and drinking water sources. Chemicals improperly released through a septic system also can pollute local water sources and can contribute to system failures. For this reason it is important for homeowners to educate themselves about what should and should not be disposed of through a septic system. Finally, the third reason to maintain your septic system is to protect the economic health of your community. Failed septic systems can _yds . cause property values to decline. Sometimes building permits cannot be issued or real estate sales can be delayed for these properties until systems are repaired or replaced. Also, failed septic systems can contribute to the pollution of local rivers, lakes, and shorelines that your community uses for commercial or recreational activities. SEPTIC SYSTEM QUIZ Can you answer the following questions? •Where is your septic tank located? (see page 6) •How often should you have your septic system inspected? (see page 4) • Does it help to add yeast to your system? (see page 4) Do you know the last time your septic tank was pumped? (see page 6) •How do household cleaners affect your system? (see page 6) •How can you tell if your septic system has failed? (see page 2) Even if you think you know the answers to all of these questions, you can probably learn something new about septic system maintenance in this issue of Pipeline. For a quick reference, see the list of do's and don'ts for septic System owners on page 5. Why Many Systems Fai Improper siting, construction, or design often contribute to septic system failures. But if your septic system has been properly designed, constructed, and installed, then you are the most likely remaining threat to the health and longevity of your septic system. Fortu- nately, it is easy to learn how to properly operate and maintain a septic system. This issue of Pipeline focuses on educating homeowners about proper septic system operation and maintenance. Some of the topics include groundwater pollution, system inspections, and the use Continued on page 2 1 Septic system owners should be alert to the following waming signs of a failing system: •Slowly draining sinks and toilets •Gurgling sounds in the plumbing • Plumbing backups • Sewage odors in the house or yard •Ground wet or mushy underfoot •Grass growing faster and greener in one particular area of the yard •Tests showing the presence of bacteria in well water None of these waming signs can be considered a sure indication that a system has failed, but the appearance of one or more of them should prompt homeowners to have their systems inspected. Septic system failures also can occur without any of these waming signals. For this reason, yearly inspection of your septic system is recommended and even required by some communities. For more information about septic system inspections, see the an'icie beginning on page 6. • SEPTIC SYSTEMS Groundwater Pollution Preventing groundwater pollution from failing septic systems should be a priority for every community. Contamination of the groundwater source can lead to the pollution of local wells, streams, lakes, and ponds—exposing family, friends, and neighbors to waterborne diseases and other serious health risks. When a septic system fails, inadequately treated domestic waste can reach the groundwater. Bacteria and viruses from human waste can cause dysentery, hepatitis, and typhoid fevet Many serious outbreaks of these diseases have been caused by contaminated drinking water. Nitrate and phosphate, also found in domestic wastewater, can cause excessive algae growth in lakes and streams called algae blooms. These blooms cause aesthetic problems and impair other aquatic life. Nitrate is also the cause of methemoglobinemia, or blue baby syndrome, a condition that prevents the normal uptake of oxygen in the blood of young babies. In addition, hazardous household chemicals like paints, varnishes, waste oils, and pesticides pollute the ground- water and should never be disposed of through a septic system. They can also kill the microorganisms in the system that break down the waste. See the list of do's and don'ts for septic system owners on page S for more about what should and should not be disposed of in a septic tank system_ is IN T HTS TS S -U 1 Maintaining your septic system— a guide for homeowners 1 Septic system quiz 2 Is your septic system failing? 2 Groundwater pollution 3 How to maintain your septic system 4 Do 1 need to add anything to my septic system? _ _. ......_....._..._. _.._: 4 What type of toilet paper is best -for septic tanks? 5 Septic system do's and don'ts 6 Pumping and inspecting your system—what to expect 6 How do household cleaners and detergents affect my system? 7 What some communities are doing 7 Contacts 8 Resources available from NSFC • • FREE POSTER! A new poster titled, "Groundwater Protection Begins at Home," is available free from the National Drinking Water Clearinghouse (NDWC). The poster lists sources of hazardous waste in the home and includes guidelines for their safe disposal in an easy -to -read format. The importance of groundwater pollution prevention is also explained. The poster is a great reference source for every home with a septic system. To order "Groundwater Protection Begins at Home," call the NDWC at .(800) 624-8301, and order Item .:.. #DWBLPE40. A shipping and handling charge will apply. v :_` MAIVTAIMNG YOUR SEPTIC SYSTEM - A GUIDE FOR HOMEOWNERS Continued from page 1 of additives and cleaners. The issue also includes a handy reference list of important septic system do's and don'ts for homeowners. You are encouraged to share, copy, or distribute any infomation in Pipeline with others in your community. The articles can be reprinted in Local newspapers or included in flyers, newsletters, and educational presentations. We ask only that you send us a copy of the reprinted article for our files. If you have any questions or require further information about any of the topics in this newsletter. please contact the National Small Flows Clearinghouse at (800) 624-8301. i SEPTIC SYSTEMS HOW TO MAINTAIN YOUR SEPTIC SYSTEM Septic systems are a very simple way to treat household wastewater and are easy to operate and maintain. Although homeowners must take a more active role in. maintaining septic systems, once they learn how their systems work, it is easy for them to appreciate the importance of a few sound operation and maintenance practices. How Septic Systems Work There are two main parts to the basic septic system: the septic tank and the drainfield. The Septic Tactic; Household wastewater first flows into the septic tank where it should stay for at least a day. In the tank, heavy solids in the wastewater settle to the bottom forming a layer of sludge, and grease and light solids float to the top forming a layer of scum (refer to the graphic on this page). The sludge and scum remain in the tank where naturally occurring bacteria work to break them down. The bacteria cannot completely break down all of the sludge and scum, however, and this is why septic ranks need to be pumped periodically. The separated wastewater in the middle layer of the tank is pushed out into the drainfield as more wastewater enters the septic tank from the house. If too much water is flushed into the septic tank in a short period of time, the wastewater flows out of the tank before it has had time to separate. This can happen on days when water use is unusually high (laundry day, for example), or more often if the septic tank is too small for the needs of the household_ The Dralntbild When wastewater leaves a septic tank too soon, solids can be carried with it to the drainfield. Drainfields provide additional treatment for the wastewater by allowing it to trickle from a series of perforated pipes, through a layer of gravel, and down through the soil. The soil acts as a natural filter and contains organisms that help treat the waste. Solids damage the drainfield by clogging the sm.-411 holes in the drainfield pipes and the surrounding gravel, and excess water strains the system unnecessarily. How To Care for Your System Septic system maintenance is often compared to automobile maintenance because only a little effort on a regular basis can save a lot of money and significantly prolong the life of the system. Sound septic system operation and maintenance practices include conserving water, being careful that nothing harmful is disposed of through the system, and having the system inspected annually and pumped regularly. By educating everyone in your household about what is and what isn't good for septic systems, they can begin to develop good maintenance habits. Use Water Wisely Water conservation is very important for septic systems because continual saturation of the soil in the drainfield can affect the quality of the soil and its ability to naturally remove toxins, bacteria, viruses, and other pollutants from the wastewater. The most effective way to conserve water around the house is to first take stock of how it is being wasted. Immedi- ately repair any leaking faucets or running toilets, and use washing machines and dishwashers only when full. In a typical household, most of the water used indoors is used in the bath- room, and there are a lot of little things that can be done to conserve water there. For example, try to avoid letting water run while washing hands and brushing teeth. Avoid taking long showers and install water -saving features in faucets and shower heads. These devices can reduce water use by up to 50 percent. Low -flush toilets use one to two gallons per flush compared to the three to five gallons used by conventional toilets. Even using a toilet dam or putting a container filled with rocks in the toilet tank can reduce -water use by 25 percent (refer to- the othe graphic on page 4). It is also important to avoid overtaxing your system by using a lot of water in a short time period, or by allowing too much outside water to reach the drainfield. Try to space out activities requiring heavy water use (like laundry) over several days. Also, divert roof drains, surface water, and sump pumps away from the drainfield. Know What Not To Fitch What you put into your septic system greatly affects its ability to do its job. As a general rule of thumb, do not dispose of anything in your septic system that can just as easily be put in the trash. Remem- ber that your system is not designed to be a garbage disposal, and that solids build up in the septic tank and eventually need to be pumped out. In the kitchen, avoid washing food scraps, coffee grinds, and other food items down the drain. Grease and cooking oils contribute to the layer of scum in the tank and also should not be put down the drain. Garbage disposals can increase the amount of solids in the tank up to 50 percent and are not recommended for use with septic systems. The same common-sense approach used in the kitchen should be used in the bathroom. Don't use the toilet to dispose Continued on page 4 • Inspection ports manhole J. LLQ Scum arm 0, lei SludgeT °i"'� PIQ&A Do I need to add anything to my septic system to keep it working properly? While many products on the market claim to help septic systems work better, the truth is there is no magic potion to cure an ailing system. In fact, most engineers and sanitation professionals believe that commercial septic system additives are, at best, useless, and at worst, potentially harmful to a system. There are two types of septic system additives: biological (like bacteria, enzymes, and yeast) and chemical. Most biological additives are harmless, but some chemical additives can potentially harm the soil in the drainfield and contaminate the groundwater. While there hasn't been extensive study on the effectiveness of these products, the general consensus among septic system experts is that septic system additives are unnecessary. • What type of toilet paper is best for septic tanks? Contrary to popular belief, it is not necessary to sacrifice personal comfort to protect your septic tank. There are many types of toilet paper on the market that are perfectly safe for septic systems. According to the National Sanitation Foundation (NSF), a nonprofit organiza- tion that tests products relating to health and the environment, the thickness and color of toilet tissue does not necessar- ily affect its biodegradability. NSF subjects the toilet papers it certifies to rigorous testing, and the brands that pass carry the NSF mark stating that they are safe for use with septic systems. However, there probably are many brands without the NSF mark that are also safe. iii 4 SEPTIC SYSTEMS HOW TO MAINTAIN YOUR SEPTIC SYSTEM Continued from page 3 of plastics, paper towels, tampons, disposable diapers, condoms, kitty litter, etc. The only things that should be flushed down the toilet are wastewater and toilet paper. (For a list of items, see "Do Not Flush" on page 5.) Avoid Hazardous Chemicals To avoid disrupting or permanently damaging your septic system, do not use it to dispose of hazardous household chemicals. Even small amounts of paints, varnishes, thinners, waste oil, photo- graphic solutions, pesticides, and other organic chemicals can destroy helpful bacteria and the biological diges- tion taking place within your system. These chemicals also pollute the groundwater. Some septic system additives that claim to help or clean your system also contain hazardous chemicals and should be avoided. (See the Q&A on septic system additives at left.) Household cleaners, such as bleach, disinfectants, and drain and toilet bowl cleaners should be used in moderation and only in accordance with product labels. Overuse of these products can harm your system It makes sense to try to keep all toxic and hazardous chemicals out of your septic tank system when possible. (For more about the use of household cleaners, refer to the article on page 6.) To help prevent groundwater pollution, be sure to dispose of leftover hazardous chemicals by taking them to an approved hazardous waste collection center. For locations and more information, contact your local health department. Pump Your Tank Regularly Pumping your septic tank is probably the single most important thing you can do to protect your system. If the buildup of solids in the tank becomes too high and solids move to the drainfield, this could clog and strain the system to the point where a new drainfield will be needed. Toilet Dams A toilet dam (above left) or a rock filled milk container (above right) can reduce the amount of water flowing out of the toilet by up to 25 percent. (Reproduced with permission from Massachusetts Cooperative Extension) Water use around the home Laundry & � Talets Dishes 45% 20% Drinking & Cooking i S% Bathing 30% inspect Year System Annually Inspecting your septic system annually is a good way to monitor your system's health. Inspections can reveal problems before they become serious, and by checking the levels of sludge and scum in your tank, you can get a more accurate idea of how often it should be pumped. For a more detailed discussion of septic system inspections and recommended pumping frequencies and procedures, read the article "Pumping and Inspecting Your System—What To Expect" on page 6. Protect Year system Finally, it is important to protect your septic system from potential damage. Don't plant anything but grass near your septic system—roots from shrubs and trees can cause damage—and don't allow anyone to drive or operate heavy machinery over any part of the system Also, don't build anything over the drainfield. Grass is the most appropriate cover for the drainfield SEPTIC SYSTEM DO's AND DON'Ts Do learn the location of your septic tank and drainfield. Keep a sketch of it handy with your maintenance record for service visits. Do have your septic system inspected annually. Do have your septic tank pumped out regularly by a licensed contractor. (See the table on page 6 for estimated pumping frequencies.) Do keep your septic tank cover accessible for inspections and pumpings. Install risers if necessary. Do call a professional whenever you experience problems with your system, or if there are any signs of system failure. Do keep a detailed record of repairs, pumpings, inspections, permits issued, and other maintenance activities. Do conserve water to avoid overloading the system. Be sure to repair any leaky faucets or toilets. Do divert other sources of water, like roof drains, house footing drains, and sump pumps, away from the septic system. Excessive water keeps the soil in the drainfield from naturally cleansing the wastewater. WARN/NG Be sure to exercise appropriate caution when inspecting a septic tank. Never allow anyone to inspect a septic tank alone or go down into a septic tank. Toxic gases are produced by the natural treatment processes in septic tanks and can kill in minutes— even just looking in the tank can be dangerous. DON'Ts Don't go down into a septic tank. Toxic gases are produced by the natural treatment processes in septic tanks and can kill in minutes. Extreme care should be taken when inspecting a septic tank even when just looking in. Don't allow anyone to drive or park over any part of the system Don't plant anything over or near the drainfield except grass. Roots from nearby trees or shrubs may clog and damage the drain lines. Don't dig in your drainfield or build anything over it, and don't cover the drainfield with a hard surface such as concrete or asphalt. The area over the drainfield should have only a grass cover. The grass will not only prevent erosion, but will help remove excess water. Don't make or allow repairs to your septic system without obtaining the required health department permit. Use professional licensed septic contractors when needed. Don't use septic tank additives. These products usually do not help and some may even be harmful to your system. Don't use your toilet as a trash can or poison your septic system and the groundwater by pouring harmful chemicals and cleansers down the drain. Harsh chemicals can kill the beneficial bacteria that treat your wastewater. Don't use a garbage disposal without checking with your local regulatory agency to make sure that your septic system can accommodate this additional waste. Don't allow backwash from home water softeners to enter the septic system. di Do not flush coffee grinds dental floss disposable diapers kitty litter .sanitary napkins tampons cigarette butts condoms fat, grease, or oil paper towels - and hazardous chemicals, such ;as:. paints varnishes thinners waste oils photographic solutions " pesticides These items can overtax or destroy the biological digestion taking placer. hin.Y-our sjtsienl;r'' How do household cleaners and detergents affect my system? When used as recommended by the manufacturer, most household cleaning products will not adversely affect the operation of your septic tank. Drain , cleaners are an exception, however, and only a small amount of these products can kill the bacteria and temporarily disrupt the operation of the tank. If you are concerned about the effect ofcleaningproducts on your septic • system and the environment, there are some safe altematives. Penn State University has developed a fact sheet listing alternative cleansers and their =uses; The fact sheet is included in the septic system information packet for homeowners, described on page 8., spections from the State Regulations Septic system inspection regulations vary from one state to the next. Do you know what the laws are in your state? A new report from the National Small Flows Clearinghouse (NSFC) provides this information in a single 128 -page document, Inspections from the State Regulations. -It is a compilation of regulations for septic system inspections from the 23 states that have them on the books. This report includes a complete list of state regulatory contacts and references for all 50 states. The cost is $11.35. To order, call NSFC at (800) 624-8301 and request Item #WWPCRG40. • 6 SEPTIC SYSTEMS Pumping and Inspecting Your System What To Expect Annual inspections of your septic system are recommended to ensure that it is working properly and to determine when the septic tank should be pumped_ By inspecting and pumping your system regularly, you can prevent the high cost of septic system failure. Inspecting Your System Although a relatively simple inspection can determine whether or not your septic tank needs to be pumped, you should consider calling your local health department or hiring a professional contractor. A professional can do a thorough inspection of the entire system and check for cracked pipes and the condition of the tees or baffles and other parts of the system. A thorough septic system inspection will include the following steps: 1. Locating the syztem-Even a profes- sional may have trouble locating your system if the access to your tank is buried. One way to start looking is to go in your basement and determine the direction the sewer pipe goes out through the wall. Then start probing the soil with a thin metal rod 10 to 15 feet from the founda- tion. Once your system is found, be sure to keep a map of it on hand to save time on future service visits. 2. Daceverig tie inanboiie and iispeCUoa Paint -This may entail some digging in your yard_ If they are buried, try to make access to the ports easier for future inspections. Install risers (elevated access covers) if necessary. 8. Rushing the teats --This is done to determine if the plumbing going to the system is working correctly. 4. Measuring the Ecce eel Mtge Lay rs- There are two frequently used methods for measuring the sludge and scum layers inside your tank The contractor may use a hollow clear plastic tube that is pushed through the different layers to the bottom of the tank. When brought back up, the tube retains a sample showing a cross section of the inside of the tank. The layers can also be measured using a long stick. To measure the scum layer using a stick, a three-inch piece of wood is attached across the end of the stick to form a "foot," and the stick is pushed down through the scum to the liquid layer. When the stick is moved up, the foot meets resistance on the bottom of the scum layer, and the contractor marks the stick at the top of the layer to measure the total thickness. As a general guideline, if the scum layer is within three inches of the bottom of the inlet baffle, the tank should be pumped. The sludge layer is measured by wrapping cloth around the bottom of the stick and lowering it to the bottom of the tank. This should be done either through a hole in the scum layer or through the baffle or tee, if possible, to avoid getting scum on the cloth. The sludge depth can be estimated by the length of sludge sticking to the cloth. If the sludge depth is equal to one third or more of the liquid depth, the tank should be pumped. 5. Checking the Tad[ and the DratNfeld-The contractor will check the condition of the baffles or tees, the walls of the tank for cracks, and the drainfield for any signs of failure. If your system includes a distribu- tion box, drop box, or pump, the contrac- tor will check these too. Tan k size (gals.) Household size (number of people) 1 2 3 4 5 6 500 750 900 1000 1250 1500 1750 2000 2250 2500 5.8 9.1 11.0 12.4 15.6 18.9 22.1 25.4 28.6 31.9 2.6 4.2 52 5.9 7.5 9.1 10.7 12.4 14.0 15.6 1.5 2.6 3.3 3.7 4.8 5.9 6.9 8.0 9.1 10.2 1.0 1.8 2.3 2.6 3.4 4.2 5.0 5.9 6.7 7.5 0.7 1.3 1.7 2.0 2.6 3.3 3.9 4.5 5.2 5.9 0.4 1.0 1.3 1.5 2.0 2.6 3.1 3.7 4.2 4.8 Estimated septic tank pumping frequencies in years. These figures assume there is no garbage disposal unit in use. (Source: Pennsylvania State University Cooperative Extension Servue) When To Pune How often your tank needs to be pumped depends on the tank size, the number of people living in your home, and the habits of your particular house - Continued on next page SEPTIC SYSTEMS What some communities are doing To protect public health and the environment, some communities are working to promote septic system maintenance through public education and the formation of septic system maintenance districts. Septic system maintenance districts are areas in which local governments and health agencies monitor and regulate privately -owned septic systems on a regular basis. In a maintenance district, all residents must comply with the maintenance standards and must help pay for the cost of administration. One of the advantages to this type of system is, because detailed records are kept on the condition of the individual systems, communities can identify problem areas and work with home- owners to develop solutions. Another advantage is the opportunity to educate septic system owners individually about the proper operation and maintenance of their systems. Main- tenance districts also make it easier to arrange inspections and pumpings at several houses in a neighborhood at one time, which can save money. For more information about mainte- nance districts and other strategies for controlling septic system failures in your community, contact the National Small Flows Clearinghouse's technical assis- tance department at (800) 624-8301. Septic system information available in bulk from NSFC A series of educational materials that explain the operation and maintenance of septic systems are available in bulk from the National Small Flows Clearinghouse (NSFC). These materials are written for homeowners and would be useful for any community education program. The NSFC's series of three septic system brochures has recently been revised, updated, and reprinted. The brochures include: • So ... now you own a septic rank • The care and feeding of your septic tank system, and Las .•. ysummer issue explains the advantages -• of septic tank systems, how they work, the importance of site evaluations, alternative septic system and drainfield designs, and resources for more information. To order bulk copies of any of the brochures or either issue of Pipeline, please call the NSFC at (800) 624-8301. Up to 10 copies of each item are free except for shipping and handling charges. Orders of 11 or more will be charged a fee to cover printing and shipping. 1 • Groundwater protection. This issue and the summer 1995 issue of Pipeline are also available in bulk. The / ; / Pumping and Inspecting Your System—What To Expect Continued from previous page hold. Garbage disposals and high -water - use technologies, such as a hot tub or whirlpool, also affect the pumping frequency. To estimate how often you should have your rank pumped, refer to the table on page 6. This information combined with observations from annual inspections will help you to estimate your individual pumping schedule. When it's time to pump out your tank, be sure to hire a licensed contractor. He or she will have the appropriate equipment and will dispose of the sludge at an approved treatment site. You can find listings for licensed pumpers and haulers in the yellow pages, or contact your local health department for assistance. It's a good idea to be present when your tank is being pumped. Make sure the contractor uses the manhole, not the inspection ports, to pump the tank to avoid damaging the baffles or tees. Also make sure all of the material in the tank is removed It is not necessary to leave anything in the tank to "restart" the biological processes, but it is also not necessary to scrub or disinfect the tank. a CONTACTS Heatth Department Homeowners with questions about regulations or requirements for septic system construction or maintenance should contact their local health department (usually listed in the yellow pages). National Small Flows Clearinghouse (NSFC) The National Small Flows Clearinghouse (NSFC) located at West Virginia University, is also a good place for homeowners and community officials to contact for more information about septic - systems and alternative systems. The NSFC is funded by the U.S Environmental Protection Agency and offers technical assistance and a variety of free and low-cost products to help small communities with wastewater issues. Some of these NSFC products are listed on page 8. Extension Service Many universities have U.S. Department of Agriculture coopera- tive state extension service offices on campus and field offices in counties and other localities. Part of the mission of these extension services is to provide access to information and assistance to the public, and to help educate the public about federal wastewater policies and requirements. To locate the extension office in your area, contact the U.S. Department of Agriculture at (202) 720-3377, or NSFC at (800) 624-8301, and ask for Crystal Stevens, the contacts and referrals assistant in the technical assistance department. 7 RESOURCES AVAILABLE FROM NSFC To order any of the following products, call rhe National Small Flows Clearinghouse (NSFC) at (800) 624-8301, or write to NSFC, West Virginia University, P.O. Box 6064, Morgantown, WV 26506-6064. Be sure to request each item by title and item number. A shipping and handling charge will apply. The Care and Feeding of Yotr Septic Tank This 16 -minute NSFC videotape discusses the basic workings of a conventional septic system and its operation and maintenance. Steps are given that can prolong the life of septic systems, and the idea of centralized septic system management is discussed. The price is $20.00. Item #W WV TPE I8Nideo. New NSFC 61dde to Products and Services The "National Small Flows Clearing- house's (NSFC) 1995 Guide to Products and Services" will be available soon. The updated guide contains complete ' descriptions of the NSFC's nearly 300 products that range from educational videos and brochures to technical design manuals and case studies of small com- munity and onsite wastewater treatment systems. More than 50 new products are included. However, the new guide will only be mailed to those NSFC customers who have placed product orders in the past year. It will also be available upon request. Please call the NSFC at (800) 624-8301 to reserve your copy. Septic System itilllormatbe Packet for Homeowners This information packet includes a variety of resources that no septic system owner should be without. The packet includes brochures, articles, and other materials on septic system design and the proper care and feeding of a septic system. The price is $5.20. Item #WWPCPE28. Septic Systems and 6rotmdwater Protectioe—A Program Manager's Olde and Reference Book Designed to provide information to officials responsible for developing state or local septic system management codes, this nontechnical photocopied book provides ideas, alternatives, and real- world examples for implementing a management plan appropriate for your community. The price is $19.25. Item #FMB KM G03. Do More With Score Poster A free poster from the U.S. Environmen- tal Protection Agency (EPA), "Do More with SCORE: Small Community Outreach and Education Helps Solve Wastewater Problems," explains how EPA s small community outreach program can help communities solve their wastewater treatment problems. It lists national and state government agencies, public interest and advocacy groups, educational institutions, small community outreach coordinators and environmental training centers for each state, and EPA's regional and SCORE coordinators in an attractive chart that is suitable for display. Single or multiple copies of the poster are available. Item #WVvBLFE03. Shipping and handling charges still apply. PIPELINE Pioeine is published quarterly by the National Small Flows Clearinghouse at West Virginia Universiy, P.O. Bax 6064, Morgantown, WV 26506.6064. Pipeline is sponsored by: U.S. Environmental Protection Agency Washington, D.C. Steve Hogye—Project Outer Municipal Support Division Office of Wastewater Management National Small Flows Clearinghouse West Virginia University Morgantown, WV Peter Casey—Program Coordaatcr Jil Ross—Pubacatio s Supervisor Tricia Argot—Spec/ TecMca/Adviscr Cathleen Falvey—Ed/a Eric Merti!—Giaphc Designer Permission to quote from a reproduce articles in - this pubication is granted when due acknowledgement is given. Please send a copy of the publication in whit intonation was used to the Pipeline editor at the address above. . tSS . rcuvaxt P1PEi/MfitAmdrdb'A.Wed Stew Emivnnw IPr 4x *pry rho a,ai dft: newsiest drnot necessany reed the - nitre end pointsdt EsiesenbnaJPrdxLe1Agency nor does - ASe mr»m d tads metas amrmertra'prwbca caul -Vie sndxae ent a recnamrn eke for me. Pretest: an tecyciedpaper For Wastewater Information, CaII the NSFC at 1-800-624-8301 +*''; National Small Flows Clearinghouse West Virginia University U P.O. Box 6064 �?1yAN� Morgantown, WV 26506-6064 Nonprofit Organization U.S. Postage Paid Permit No. 34 Morgantown, WV SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 October 26, 1999 Bob Regulski P.O. Box 9 Rifle, Co. 81650 Attn: Bob On October 7, 1999 a well test was conducted on a new well on the Regulski property. The following information was obtained; Well Depth 100'-0" Casing size (top) 7" (steel) Standing water level 65'-3" Total test time 5 hrs. Drawdown @ 33 gpm. 68'-4" Production is greater than 33 gpm. This test was conducted with a 1 1/2 hp. Gouls test pump Model 25GS15. The well recovered back to 65'-3 1/2" in 10 min. If you have any questions please call me, Raun Samuelson at 945-6309. Sincerely; Raun Samuelson EXHIBIT C LOT 6 TEST WELL INFORMATION Recieved from: JOHN C. KEPHART & CO. GRANO JUNCTION LAOATOThS 435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 none ANALYTICAL REPORT Samuelson Pump Co. , Raun Samuelson PO Box 297 Glenwood Springs, CO 31602 FAX: (970)947-9448 2156 water Customer No. Laboratory No. Sample 10/19/99 11/1/99 Date Received Date Reported Lab number 2156 Limits for Drinking Suggested Sample ID Bob Regulsk:i Well by Colo. Dept. Health Arsenic(As) 0.000 mg/1 0.05 mg/1 Barium(Ba) 0.10 mg/1 1.0 mg/1 Cadmium(Cd) 0.0000 mg/1 0.01 mg/1 Chromium(Cr) 0.000 mpg/1 0.05 fflg/1 Fluoride(F) 0.64 mg/1 4 mg/1 Lead (Pb) 0.008 mg/1 0.015 mpg/1 Mercury (Hg) 0.00000 mg/1 0.002 mg/1 Nitrate(N) 1.25 mg/1 10.0 mg/1 Selenium(Se) 0.002 mg/1 0.01 mg/1 Silver (Ag) 0.0000 mg/1 0.05 mg/1 Co+l or (Co/Pt unit> 0 no limit pH 7.55 no limit Conductivity@25 deg. C 1280 umhos/cm no limit Sodium(Na) 90.7 mg/1 20 mg/1 Calcium(Ca) 97 mg/1 no limit Magnesium(Mg) 51 mg/1 125 mg/1 Potassiur(K)) 7.9 mg/1 no limit Chloride(C1) 24 mg/1 250 mg/1 Sulfate(504) 120 mg/1 250 mg/1 Phenol. Alkalinity(CaCO3) 0 mg/1 no limit Total Alkalinity(CaCO3) 484 mg/1 no limit Bicarbonate(H003) 586 mg/1 no limit Carbonate(CO3) 0 mg/1 no limit Dissolved Solids 899 mg/1 500 mg/1 Hardness (CaCO3) 450 mg/1 200 mg/1 Turbidity(NTU) 11 1 Boron(B) 0.000 mg/1 no limit Copper (CU) 0.005 mg/1 1.0 mg/1 Iron (Fe) 0.49 mg/1 0.3 mg/1 Manganese (Mn) 0.010 mg/1 0.05 mg/1 Molybdenum(Mo) 0.001 mg/1 no limit Ammonia(N) 0.00 mg/1 no limit Phosphate(P) 0.02 mg/1 no limit Zinc(Zn) 0.008 mg/1 5.0 mg/1 Total Coliform Bacteria 0 col/100m1 0 col/100m1 See notes, next page Lab Dir.: Brian S. Bauer J A1 JOHN C. KEPHART & CO. JUNCU N [A] AT IES 435 NORTH AVENUE • PHONE (970) 242-7618 • FAX 243-7235 • GRAND JUNCTION. COLORADO 81501 NOTES on sample # 2156 Bob Fequlsk:i Well Your water tests show levels exceeding drinking water limit for: Sodium: This may be of concern to those severely restricting salt intake. For every liter of water consumed, 90..= milligrams of Sodium are consumed. An adult daily intake of Sodium is around 3,000 milligrams, for reference. Dissolved Solids: This is a reading of the overall mineral salt content of the water. The major constituent in this sample is Alkalinity, which is not considered harmful itself. Other significant contributors in this sample are Sodium, Calcium and Sulfate. Hardness: Not considered harmful for drinking, Hardness can cause inconvenience in household use, such as lessening the effectiveness of soap, and mineral buildup in water heaters and other appliances can be costly. Turbidity: The cloudiness of the water; this may be greatly improved with filtration and settling. Public waters must meet the limit 1.0 NTU. Iron: This is not considered harmful to drink, but can cause stains in laundry and on surfaces. EXHIBIT D RIVERVIEW RANCH SUBDIVISION NOXIOUS WEED MANAGEMENT PLAN It is the responsibility of the Riverview Ranch Homeowner's Association to control noxious weeds on the subdivision property. The status of the noxious weeds on the site should be evaluated on a yearly basis. The management plan outlined below will help direct the Association in meeting this goal. The first steps in a noxious weed management program are inventory and mapping. It is necessary to identify and record the species of weeds present, the areas infested, and the density of infestation in order to determine the best method or methods of management. The information obtained from the inventory should be placed on a map of the property and retained as part of the Association records. A list of the plant species considered to be noxious weeds by Garfield County is attached and should be consulted during the inventory process. Following an inventory and mapping program, the next step in the process is the planning and implementation of the weed management strategy. A reasonable and economical strategy can be developed to deal with any of the noxious weeds listed by Garfield County. It is suggested that the attached "Strategy for Weed Management" prepared by the Bookcliff/Mt. Sopris/Southside Soil Conservation Districts be incorporated into the planning and implementation of the management program. In addition, participation in the Districts' cost share weed management program is suggested. It is important that a weed management program include such items as preventing encroachment into areas not infested, detecting and eradicating new weed introductions, and revegetation. The key components of any successful weed management program are consistent effort, specific evaluation periods and the use of methods appropriate to the problem weed. It is recommended that the County weed supervisor or private consultants be contacted for implementation information as needed. Preventing the introduction of weeds is the most practical and cost-effective method for the management of noxious weeds. Prevention programs include limiting weed seed dispersal, minimizing soil disturbance, and properly maintaining desirable vegetation. New weed introductions can be minimized by: 1. Using hay, straw and mulch that is weed free. 2. Refraining from driving vehicles and machinery through weed infestations and washing the undercarriage of vehicles and machinery after driving from a weed - infested area to an unifested area. 1 3. Requesting that owners and guests brush and clean themselves and equipment after crossing infested areas on the property. 4. Minimizing unnecessary soil disturbance by vehicles, equipment, machinery and water flow. 5. Managing grasses and agricultural crops to be vigorous and competitive with weeds. Early detection and systematic eradication of weed introductions are other key items in a noxious weed management program. Weed encroachments begin with small satellite infestations, which can become large infestations if left unchecked. It will be necessary to remove the weed from the infested area through the application of appropriate eradication techniques. This will generally include the application of mechanical or chemical control procedures along with the revegetation of the area with desirable species. The establishment of competitive grasses can minimize the reinvasion of noxious weed, while also providing the benefits of forage production and erosion control. In summary, the control of weeds requires integrating a number of methods. The program begins with the inventory and mapping of the project area to identify and locate noxious weeds. Once identified, problems can be prioritized and a weed management strategy that includes prevention, detection and eradication of new infestations can be planned. An additional important component of this strategy is the revegetation of weed encroachment areas with competitive grasses. Weed encroachment can be prevented by limiting weed seed spread, minimizing soil disturbance and maintaining vigorous and competitive forage plants. [Taken from the article "Rangeland Weed Management" by Roger L. Sheley of the Montana State University Extension Service] 2 GARFIELD COUNTY VEGETATION MANAGEMENT/ BOOKCLIFF/MT. SOPRIS/SOUTHSIDE SOIL CONSERVATION DISTRICTS COST SHARE APPLICATION A STRATEGY FOR WEED MANAGEMENT 1. Learn about the plant. Understand the life cycle of the targeted weed. Learn the characteristics of the weed, where you are most likely to find it growing, and become familiar with what it looks like throughout the year at different growth stages. 2. Map weed infestations. The following key points will assist you in developing alternatives for your weed management plan: • Record the density of the infestation. Refer to the "Weed Mapping" handout for definitions of density. • Record the soil type, plant community, and land use. • Is the infestation close to water, trees, or residences? 3. Review the treatment alternatives. Decide what you can do on your own and where you may need help. The methods of integrated weed management are: Early detection — Identify unknown plants to determine if they could be problem weeds. Request a copy of “'Troublesome Weeds of the Rocky Mountain West" to help you. Early treatment — Treat isolated small patches or single plants of Russian knapweed, yellow starthistle, or leafy spurge first. Do not allow the small stands to increase in size. Cultural — Use sound land stewardship practices, such as planting appropriate grasses, fertilization, and improved grazing management.. Minimize and revegetate all land disturbances. These techniques will help keep weeds from occurring or increasing. Prevention is the most critical weed management method. Mechanical — Mow, dig, or chop the plant. To utilize mechanical techniques, it is important to know the life cycle (annual, biennial, or perennial) of the plant. On perennial weeds, mowing may be effective if done repeatedly and before seed maturity. However, chopping can sometimes invigorate a weed, so know what you're dealing with Chemical — Use herbicides to disrupt the plant's growth. All label instructions must be followed as required by federal law. Do not exceed labeled rates for targeted weeds. Read and follow all directions carefully. The use of a herbicide in a manner not consistent with the label can lead to injury of crops, humans, animals, and the environment. The environment around the plant determines the choice of herbicide. Biological — Use other organisms to control a plant's spread. Beneficial insects may be released to work on certain weeds. There are several insects available for leafy spurge control. There are none for Riicsian knapweed at this time. Sheep or goats may be used to control knapweed and leafy spurge without adversely affecting the animals. If stock graze weeds after seed formation, hold animals in a corral for at • least seven days before moving them to an uninfested area to avoid seed spread. Follow-up — Keep accurate records of what you did and when you did it. If you do not monitor your work, it will be difficult to know what has been successful or has been a failure. This step is often overlooked. Remember — Weed management is the development of a plan and strategy that is implemented over time. It is different from weed control, which reacts to weeds after they occur. 1 WEEDS: WHERE TO GET HELP Public Sector Garfield County Vegetation Management PO Box 1112 Rifle CO 81650 Phone: 625-3969 or 945-7437 Contact: Steve Anthony Email: santhony(a.coop.ext.colostate.edu Eagle County Weed and Pest PO Box 239 Eagle, CO 81631 Phone: 328-8775 Contact: Paul Schreiner Email: eagcowp@vail.net Pitkin County Land Management 76 Service Center Rd. Aspen, CO 81611 Phone: 920-5214 Contact: Michael Craig Email: michaelcnaco.pitkin.co.us Private Sector Alpha Natural Weed/Pest control 116 N.B.Av New Castle CO 81647 Phone: 984-2467 Gallagher AgriService 7348 CR 331 Silt CO 81652 Phone: 876-2864 Outdoor Services of Western Colorado PO Box 863 Rifle CO 81650 Phone: 625-5787 Roaring Fork Vegetation Mgt. PO Box 2525 Basalt CO 81621 Phone: 963-9723 Prima Plant Services 0090 Arlian Rd. Carbondale CO 81623 Phone: 963-2063 Piffer Ag & Turf 32597 US Hwy 6 & 24 Silt CO 81652 Phone: 876-5970 GARFIELD COUNTY NOXIOUS WEED LIST Common Name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Scientific Name Euphorbia esula Acroptilon repens Centaurea solstitallis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea dusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichoium intybus Carduus nutans Lythruam salicaria Elaeagnus angustifolia ARTICLES OF INCORPORATION OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. The undersigned natural person, being more than twenty-one (21) years of age, acting as incorporator, hereby establishes a non-profit corporation under and by virtue of the Colorado Non - Profit Corporation Act, Colorado Rev. Statutes §7-121-101, et seq., and adopts the following Articles of Incorporation. ARTICLE I Name The name of the corporation is the RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. ARTICLE II Existence The corporation shall have perpetual existence. ARTICLE III Purposes The nature, objects and purposes for which the corporation is organized are as follows: 1. To manage, protect, operate and maintain open spaces, easements and roads serving the Riverview Ranch Subdivision, as set forth on the Plat thereof, recorded in the Office of the Garfield County, Colorado Clerk and Recorder, subject to such annual or special assessments or charges as may be required for the operation, maintenance or improvements of said open spaces, easements and roads. 2. To adopt, administer and enforce Protective Covenants, including architectural control, for the architecture and appearance of the development of the Riverview Ranch Subdivision, as set forth on the Plat thereof and in the Declaration of Protective Covenants for the Riverview Ranch Subdivision, recorded in the Office of the Garfield County Clerk and Recorder, for the benefit of its respective members on a cooperative basis. 3. To have and exercise, generally, all powers and to do and perform all the acts which shall or may be necessary or proper to carry out and put into effect the purposes for which the corporation is formed and as provided by law; provided, however, that the enumeration in these Articles of Page 1 of 6 Incorporation of specific powers shall not be construed to limit or restrict in any manner whatsoever the general powers conferred upon non-profit corporations under the laws of the State of Colorado. 4. To have and exercise, generally, all purposes and powers set forth for a unit owners association under the Colorado Common Interest Ownership Act. 5. Notwithstanding the foregoing stated purposes, the corporation is organized exclusively for purposes of holding and maintaining mutually owned and used common areas, open spaces, common property, easements and roads and enforcing Protective Covenants on a cooperative basis whereby at least eight -five percent (85%) of its income shall be derived from assessments to members for the sole purpose of meeting expenses or losses, and in full compliance with the requirements of Sections 501(c)(4) and (12) of the Internal Revenue Code of 1986. ARTICLE IV Finances 1. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services actually rendered to or for the corporation, and any officer, director, agent or employee, or any other person or corporation may be reimbursed for expenses advanced or incurred for the corporation's benefit, upon authorization of the Board of Directors); provided further, that no member, director or officer of the corporation, nor any other private individual, shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation, or otherwise, except as set forth in these Articles. No substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office. 2. No part of the assets of the corporation shall inure to the benefit of, or be distributable to, any organization whose income or net earnings, or any part thereof, might inure to the benefit of any private shareholder or other individual, or any organization, the substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation. 3. Upon dissolution of the corporation, all of its assets remaining after payment of liabilities shall be paid over and transferred to one or more exempt organizations as are qualified for exemption from Federal income taxes under Section 501(c)(4) and (12) of the Internal Revenue Code. The proceedings for dissolution shall be conducted in accordance with Title 7, C.R.S., as amended. 4. Notwithstanding any other provision hereof, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on, nor receive any income which is prohibited by an organization which is exempt from taxation under the provisions of Section 501(c)(4) and (12) of the Internal Revenue Code of 1986, as amended. Page 2 of 6 ARTICLE V NIembership 1. There shall be only one (1) class of membership, as follows: Members of the corporation shall be the owner or owners of lots in the Riverview Ranch Subdivision, Garfield County, Colorado, as shown on the Plat thereof, recorded in the Office of the Clerk and Recorder of Garfield county. 2. Each member shall be entitled to one (1) vote, either in person or by proxy, for each lot registered in his or her name on the books of the corporation, and in the election or directors, each such voting member shall have the right to vote such number of lots for as many persons as there are directors to be elected. 3. At all meetings of the shareholders of a majority of the ownership entitled to vote at such meeting, represented in person or by proxy, shall constitute a quorum. 4. Each membership, for all purposes of assessments required to carry out the purposes of the corporation and of any lien therefor or enforcement thereof, shall be construed as a proportionate right, title and interest in and to all real property and other assets owned by the corporation, and as being appurtenant to the real estate owned by each member. ARTICLE VI Assessments 1. All assessments made by the Board of Directors under the authority of these Articles of Incorporation shall be and become a lien against the respective represented memberships subject to such assessments, and the real estate to which the same become appurtenant, and until the same shall have been paid, any such lien shall be and remain a lien against such membership and real estate. The manner of enforcing any such lien shall be set in the Declaration of Protective Covenants of the Riverview Ranch Subdivision and a recorded copy of these Articles of Incorporation, the Protective Covenants, or any memorandum thereof, shall constitute notice of any such assessment lien, which shall become effective as of the date the same shall have been made by appropriate action of the Board of Directors. ARTICLE VII Registered Agent The address of the initial registered office of the corporation is 28485 U.S. Highway 6&24, P.O. Box 9, Rifle, Colorado 81650. The name of its initial registered agent at such address is ROBERT M. REGULSKI. The business and affairs of such corporation shall be conducted and Page 3 of 6 carried on within the State of Colorado. The principal office of the corporation shall be located at 28485 U.S. Highway 6&24, P. O. Box 9, Rifle, Colorado 81650. ARTICLE VIII Board of Directors The number of Directors of this nonprofit corporation shall be three (3), but there need be only as many Directors as there are members in the event there are fewer than three (3) members. The initial Director of the Corporation is intended to be ROBERT M. REGULSKI, who is to serve as the Director until the first annual meeting of members or until his successors are elected. The corporation shall never afford pecuniary gain, incidentally or otherwise, to any of its officers, directors, members or to any other person who is a "disqualified person" under the Code. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its directors, officers, members or other private persons, except that the Corporation shall be authorized and be empowered to pay reasonable compensation for services rendered. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on by a Corporation exempt from Federal income tax under Section 501(c)(4) of the Code. ARTICLE LX Incorporator The name and address of the incorporator is ROBERT M. REGULSKI, P. O. Box 9, Rifle, Colorado 81650. The powers of the incorporator shall terminate upon the filing of the Articles of Incorporation. ARTICLE X Owner of Lots In furtherance of, and not in limitation or exclusion of, the powers conferred by law, the corporation shall be entitled to treat the record owner of any of the lots of the Riverview Ranch Subdivision, as shown on the Plat thereof recorded in the Office of the Garfield County Clerk and Recorder, as the owner thereof for all purposes, including all rights deriving from such ownership, and shall not be bound to recognize any equitable or other claim to, or interest in, such lots or rights deriving from such lots, on the part of any other person, including, but without limiting the generality hereof, a purchaser, assignee or transferee of such lots or rights deriving from such lots unless and Page 4 of 6 until such purchaser, assignee, transferee or other person becomes the record owner of such lots, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or other person. The purchaser, assignee or transferee of any the Riverview Ranch Subdivision, as set forth on the Plat as recorded in the Office of the Garfield County Clerk and Recorder, shall not be entitled to receive notice of the meetings of the members, or to own, enjoy and exercise any other property or rights deriving from such ownership against the corporation until such purchaser, assignee or transferee has become the record owner of such lots. ARTICLE XI Regulation of Internal Affairs Section 1. MANAGEMENT. The general management of the affairs of the Corporation shall be exercised by the Board of Directors and its designated agents. Section 2. INFORMAL ACTION OF DIRECTORS OR MEMBERS. Any action which may be taken at a meeting of the Board of Directors or members may be taken without a meeting, if a consent in writing setting forth the action so taken is signed by all the Directors or members entitled to vote with respect to the subject matter thereof. Such written consent shall have the same force and effect as an unanimous vote of the Directors or members. ARTICLE XII Liquidation and Distribution Section 1. LIQUIDATION. In winding up the affairs of the Corporation in the event of dissolution, if there be any balance of assets and funds of the Corporation after the payment or provision for all debts of the Corporation and the necessary expenses of liquidation, the Board of Directors shall distribute such remaining assets and funds in such manner and upon such terms as they may deem appropriate in their discretion, provided that distribution is made to another entity, corporate or otherwise, which is exempt from Federal income tax Section 501(c) of the Internal Revenue Code. Section 1. contained in all rights and power. ARTICLE XIII Amendment of Articles of Incorporation The Corporation reserves the right to amend, alter, change or repeal any provision these Articles of Incorporation in the manner now or hereafter prescribed by law, and powers conferred herein on members, Directors or officers are subject to this reserved Page 5 of 6 ARTICLE XIV Amendment of Bylaws The members of the Corporation shall have the authority to adopt, amend, or repeal the Corporation's Bylaws as provided in the Bylaws and permitted in Title 7, C.R.S. DATED this - day of STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) , 2000. INCORPORATOR: R BERT G SKI 1, /4 y A/ Az.,4 L (- , a Notary Public in the County and State aforesaid, do hereby certify that ROBERT M. REGULSKI, who is personally known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation, appeared before me this day in person and swore upon oath to the truth of the facts therein stated and acknowledged that he signed and delivered said instrument of writing as his free and voluntary act. Given under my hand and official seal this ,23 day of, 2000. Z:411104 pSAR,; t My commission expires: -o-o- - J THE UNDERSIGNED CONSENTS TO THE APPOINTMENT AS THE INITIAL REGISTERED AGENT OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. zyc ROBERT 1VI. REGU Page 6 of 6 BYLAWS OF RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. ARTICLE I Definitions This Corporation is organized under the Colorado Nonprofit Corporation Act and shall be known as the RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. hereinafter called the "Association" and is charged with enforcement of the Declaration of Protective Covenants for the Riverview Ranch Subdivision, Garfield County Colorado, recorded in Book _ at Page , in the office of the Garfield County Clerk and Recorder, hereinafter the "Protective Covenants". ARTICLE II Offices The principal office of the corporation shall be 28485 U.S. Highway 6&24, Rifle, Colorado 81650. The corporation may also have one or more offices at such other place or places within or without the State of Colorado as the Board of Directors may from time to time determine or the business of the corporation may require. ARTICLE III Membership Section 1. Number. There shall be one (1) membership in the Association for each of the lots of the Riverview Ranch Subdivision, as set forth on the Plat thereof (hereinafter "the Lots"). Section 2. Voting. The respective memberships shall be held by the Members of the Association who shall be the owners of the lots of the Riverview Ranch Subdivision, as shown on the records of the Clerk and Recorder of Garfield County, Colorado. If title to a Lot is held by more than one (1) person or entity, the membership relating to that Lot shall be shared by all such persons in the same proportionate interest and in the same type of tenancy by which the title to the Lot is held. Provision 2.5 of the Protective Covenants shall govern voting by multiple owners of a Lot. Section 3. Ownership. Any person, on becoming an owner of a Lot shall automatically become a member of this Association and be subject to these bylaws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Lot, but such termination shall in no way relieve or release any such former owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in the Association. Except for those owners who initially purchase a Lot from the declarant, any person on becoming an owner of a Lot shall furnish to the Association or its managing agent, a machine or certified copy of the recorded an C: CP RATI"'""\Rt9..Is kr)\ instrument vesting that person with an interest or ownership in the Lot, which copy shall remain in the files of the Association. ARTICLE IV Meeting of Members Section 1. Annual Meeting. The annual meeting of the Association, for the purpose of electing Directors and for the transaction of such other business as may come before the meeting, shall be held in May of each year or upon such date as agreed upon by all directors with notice to all members. Any member entitled to vote thereat may call the meeting to order and a chairman of the meeting shall be elected. The Secretary of the corporation shall act as secretary of such meeting. Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by the Board of Directors, or upon written request of one-half (1/2) of the membership. The purposes of such special meeting shall be stated in the notice therefor. No business except as stated in the notice shall be transacted at a special meeting. Section 3. Notice of Meetings. Notice of each meeting of members, whether annual or special, shall be given not less than ten (10) nor more than fifty (50) days prior thereto to each member of record entitled to vote thereat by delivering written notice thereof to each member personally or by mailing the same to his address as it appears on the books of the corporation. The notice of all meetings shall state the place, day and hour thereof. Meetings shall be held at the principal office of the corporation or at such other place or places, within or without the State of Colorado, as may be from time to time, determined by the Board. If mailed, such notice shall be deemed to be delivered on the date of mailing, and shall be addressed to the member's address last appearing on the books of the Association, or as supplied by such member to the Association for the purpose of notice. The certificate of the Secretary that notice was fully given shall be prima facie evidence thereof. Section 4. Quorum. The holders of a majority of the total members' votes entitled to vote thereat, present in person or represented by proxy, shall be requisite to and shall constitute a quorum at all meetings of members for the transaction of business except as otherwise expressly provided by law or by the Articles of Incorporation. If such quorum shall not be present or represented at any such meeting, the holders of a majority of the votes present in person or represented by proxy and entitled to vote thereat shall have power to adjourn the meeting from time to time until a quorum shall be present or represented. When a quorum is present at any meeting, the affirmative vote of a majority of the members' votes present in person or represented by proxy shall decide any question brought before such meeting, except as otherwise provided in these bylaws or the articles of incorporation, in which case the express provisions shall govern and control the decision of such question. 2 Section 5. Voting and Proxies. At all meetings of members, each member shall be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized attorney in fact; provided, however, that no such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy provides for a longer period. All proxies shall be in writing and tiled with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. The cumulative system of voting shall not be used for any purpose. Section 6. Actions Taken Without Meeting. Any action required or permitted to be taken at any meeting of members may be taken without a meeting, prior notice or a vote, if a consent in writing, setting forth the action so taken, is signed by all of the members entitled to vote with respect to the subject matter thereof. ARTICLE V Board of Directors: Selection and Term of Office Section 1. Number. The property, business and affairs of the Association shall be managed by a Board of three (3) Directors, to be elected from the Lot owners and members of the Association, but until there are two (2) Lot owners other than the Declarant, there may be only as many Directors as there are members. Section 2. Term of Office. At the first annual meeting, the members shall elect, from among the Lot owners Directors who shall serve a term of one year. At each annual meeting thereafter, the members shall fill the respective vacancies by electing Director(s) from among the Lot owners who shall serve a term of one year. Section 3. Resignations. Any Director may resign at any time by giving written notice of such resignation to the Board of Directors, the President or the Secretary. Unless otherwise specified in such written notice, such resignation shall take effect upon receipt thereof by the Board of Directors or such officer. Section 4. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a Director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 5. Compensation. No Director shall receive compensation for any services he may render to the Association. However, a Director may be reimbursed for his actual expenses incurred in the performance of his duties. Nothing herein contained shall be construed so as to preclude any Director from serving the corporation in any other capacity and receiving compensation therefor. 3 Section 6. Action Taken Without a Meeting. Any action which may be taken by the Board of Directors at a meeting may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed before such action by all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE VI Nomination and Election of Directors Section 1. Nomination. Nomination for election to the Board of Directors shall be made at the annual meeting. Such nomination may be made only from among members. Section 2. Election. Each member entitled to vote, or his proxy, may cast one vote with respect to each vacancy in the Board of Directors. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Election to the Board of Directors shall be by secret written ballot. ARTICLE VII Meeting of Directors Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held as deemed necessary by the Board, at such place and hour as may be fixed from time to time by resolution of the Board. Meetings of the Board of Directors may be held at such place or places as shall from time to time be determined by the Board. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association after not less than three (3) days notice to each Director. Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Waiver. Any Director may waive notice of a meeting and such waiver shall be deemed equivalent to the giving of notice. Section 5. Manner of Acting. The Directors shall in all cases act as a board and the act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board. Section 6. Presumption of Assent. A Director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the minutes of 4 the meeting or unless he shall file his written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. ARTICLE VIII Powers and Duties of the Board of Directors Section 1. Generally. All of the powers and duties given to the Board of Directors under the Colorado Nonprofit Corporation Act, the Articles of Incorporation, these bylaws, and the Protective Covenants shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to the approval by the members when such is specifically required. Section 2. Powers. In addition to the foregoing powers, the Board of Directors shall specifically have the following powers, subject to the terms, requirements and restrictions of the Articles of Incorporation: a) from time -to -time, and by a vote of the majority of the Board, adopt, modify, amend, revoke and enforce, in whole or in part, rules and regulations governing the conduct of persons within the Lots together with the use and operation of the property of the Association and the common elements and common property as defined, not in conflict with these bylaws and amendments hereto. Such rules and regulations shall be recorded with the Secretary and shall be sent to each Lot owner by registered mail prior to the effective date of their application; b) suspend the voting rights and the right to use the common elements of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of the Association's published rules and regulations; c) exercise for the Association all powers, duties, and authority vested in or delegated to the Association and not reserved to the members by other provisions of these bylaws or the articles of incorporation. d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; e) employ a Director, managing independent contractor, and such other employees as are deemed necessary and to prescribe their duties; and 5 t) generally to exercise whatever other powers and duties as are necessary for the administration of the affairs of the Association and for the operation and maintenance of the Riverview Ranch Subdivision as a first class residential property. Section 3. Duties. It shall be the duty of the Board of Directors to: a) cause to be kept a complete record of all its acts and corporate affairs; and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-third (1/3) of all the votes held by owners; b) supervise all officers, agents and employees of the Association, and see that their duties are properly performed and designate or remove such other personnel as necessary for the operation, maintenance, repair and replacement of the common elements; c) adopt an amended budget and impose assessments pursuant to Paragraphs 18 and 19 of the Protective Covenants; d) send written notice of each assessment to every member of each annual assessment period; e) bill, collect, and as necessary, receipt for all assessments and other charges due to the Association from the Lot owners for all rental or other payments from lessee or concessionaires, if any; t) foreclose the lien against any property for which assessments are not paid after the due date thereof or bring an action at law against the members personally obligated to pay the same pursuant to Paragraph 19 of the Protective Covenants; g) issue, or cause an appropriate officer to issue, upon ten (10) days demand by an owner, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; h) incur such costs and expenses as may be necessary to properly maintain and to keep in good order, condition and repair all of the general and limited common elements and all of the common property of the Association; i) procure and maintain insurance; j) negotiate and execute contracts for water, septic tank maintenance, sewer, electricity, gas, telephone, water treatment, rubbish removal, animal control, or vermin extinction, if necessary, and such other necessary services as may be deemed advisable; 6 k) manage the drainage easement, Riverbank Erosion Monitoring Plan, the "common property", public roadways and common areas pursuant to the Protective Covenants. 1) maintain and utilize the water rights and irrigation water distribution system of the Association; and m) enforce the provisions of the Protective Covenants by such legal and equitable actions as may be appropriate. Section 4. Managing Agent. Should the Board of Directors elect to engage the services of a managing agent, it may delegate the duties and powers contained in Section 3 of this Article; provided, however, that such delegation shall in no way relieve the Board of Directors of any of its responsibilities. ARTICLE IX Officers and Their Duties Section 1. Enumeration of Officers. The officers of the Association shall be a President, a Secretary, and a Treasurer, and such other officers as the Board may create. One or more Vice Presidents may also be elected. Officers of the corporation shall be entitled only to such salaries, emoluments, compensation or reimbursement as shall be fixed or allowed by the Board of Directors. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Every officer so elected shall continue in office until his successor shall be elected or appointed and shall qualify, unless sooner removed. Section 3. Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or shall be otherwise qualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the vote of the majority of the Board of Directors. Election or appointment of an officer or agent shall not of itself create contract rights. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice, or at any later time specified therein, and 7 unless otherwise specified therein. The acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be tilled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. Section 8. Duties. The duties of the officers are as follows: a) President. The President shall preside at all meetings of the Board of Directors and of the Lot owners; shall see that orders and resolutions of the Board are carried out, shall sign all leases, mortgages, deeds and other written instruments, and shall discharge such other duties as may be required by him by the Board. b) Vice -President. The Vice -President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Lot owners; serve notice of meeting of the Board and of the members; keep appropriate current records showing the members of the Association, together with their addresses, and shall perform all duties as incident to the office of Secretary or as required by the Board. The Secretary shall in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or the Board of Directors. The Secretary, at the direction of sixty-seven percent (67%) of the Lot owners may prepare, execute, certify and record amendments on behalf of the Association. d) Treasurer. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation and shall deposit all such funds in the name of the corporation in such banks or other depositories as shall be selected by the Board of Directors. The Treasurer shall collect and receive and give receipts for all monies or securities belonging to the corporation. In general, the Treasurer shall perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to the Treasurer by the Board of Directors. The Treasurer shall also prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE X Indemnification 8 Section 1. General Liabilities. The Directors, employees and officers of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys fees, reasonably incurred by or imposed upon them in connection with any proceeding to which they may be a party, or in which they may become involved, by reason of being or having acted as such on behalf of the Association, provided that this indemnification shall not apply if the said person is adjudged guilty of negligence or misconduct in the performance of his duties; provided further that in the event of a settlement, the indemnification herein shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such person may be entitled. Section 2. Other. Contracts or other commitments made by the Board of Directors, officers or the managing agent shall be made as agent for the Association, and they shall have no personal responsibility on any such contract or commitment. ARTICLE XI Committees This Association, in conjunction with the Board, may appoint committees as deemed appropriate. ARTICLE XII Books and Records The records of receipt and expenditures of the Board affecting the general and limited common element shall at all times, during reasonable and convenient weekly business hours, be subject to inspection by the Lot owners and their mortgagees. The articles of incorporation and bylaws of the Association shall be available for inspection by the Lot owners and their mortgagees at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XIII Assessments Section 1. Obligation of Members. Each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate established by the Board, not to exceed twenty-one percent (21 %) per annum, and the Association may bring an action at law against the member or members personally obligated to pay the same or foreclose the lien against the Lot, and interest, costs and reasonable attorneys fees of any such action shall be added 9 to the amount of such assessment. No member may waive or otherwise escape liability for the assessments provided for herein by non-use of the common elements or abandonment of his Lot. Every assessment duly levied against any member by the corporation shall become a lien on the lands and improvements to lands owned by such member. The corporation shall be entitled to maintain an action in the Court in the County of Garfield and State of Colorado for the purpose of recovering any unpaid assessments made against any member, and for the purpose of foreclosing its lien against the real property and improvements of such member for the satisfaction of such unpaid assessments. Upon the request of any member, the Board of Directors shall execute and deliver an agreement subordinating the lien provided for in this paragraph to the lien of any first mortgage or deed of trust on the real property and improvements owned by the delinquent member. The Board of Directors may, in its discretion, also subordinate the lien provided for in this paragraph to any second or subsequent mortgage or deed of trust. Assessments may be levied by the corporation upon the members of the corporation, by vote of the majority of the Board present in person or by proxy at any duly called meeting of the Board, for the purpose of funding any of the activities of the corporation, which shall include, but not be limited to: payment of taxes on real and personal property; interest on monies borrowed; road, parking lot and easement construction, surfacing, maintenance, snow removal, legal and accounting fees; managerial salaries, and any and all expenditures needed or required for the operation of the Association affairs. Assessments may include charges for water, or other utilities. Assessments shall be levied pro -rata on the members in accordance with the ownership of each member. Section 2. Annual Assessments. The amount of the annual assessment shall be determined by the Board based on the anticipated annual expenses of the Association. Annual assessments shall be payable monthly with one -twelfth (1/12) of the amount due for any fiscal year paid each month of that year. Section 3. Special Assessments. In addition to the periodic assessments, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction or replacement involving the common elements or property owned by the Association, provided that any such assessment shall have the assent of the required percentage of the members entitled to vote in person or by proxy at a meeting duly called for that purpose. Section 4. Statements of Accounts. Upon ten (10) days notice to the President or Board of Directors and payment of a reasonable fee. any Lot owner shall be furnished a statement of his account, setting forth the amount of any unpaid assessments or other charges due and owing from such owner. ARTICLE XIV 10 Amendments This corporation reserves the right to amend, alter, change or repeal any provisions contained in, or to add any provisions to, its Articles of Incorporation or its Bylaws from time to time, in accordance with the laws of the State of Colorado. The provision of these bylaws shall at all times comply with the requirements of the Colorado Common Interest Ownership Act. ARTICLE XV Miscellaneous Section 1. Articles. In the case of any conflict between the articles of incorporation and these bylaws, the articles shall control. Section 2. Fiscal Year. The fiscal year shall begin on the first day of January and end on the 31st day of December of each year, except that the first fiscal year shall begin on the date of incorporation. Section 3. Headings. Headings and captions are for the convenience of the reader only and shall not be used to interpret these Bylaws. Adopted by the Board of Directors of the RIVERVIEW RANCH OF GARFIELD COUNTY HOMEOWNERS ASSOCIATION, INC. this day of 2000. ATTEST: Secretary 11 President DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 99CW176 RULING OF REFEREE CL rF\ IN THE MATTER OF THE APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION OF: ROBERT M. REGULSKI IN GARFIELD COUNTY, COLORADO The above -entitled Application was filed in September of 1999, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether the statements in the Application are true and having become fully advised with respect to the subject matter of the Application, does hereby make the following Ruling of the Referee in this matter, to - wit: 1. The statements in the Application are true except as noted herein. 2. Name, address and telephone number of Applicant and Applicant's attorney: Robert M. Regulski P. O. Box 9 Rifle, Colorado 81650 (970) 625-2410 STUVER & GEORGE, P.C. Thomas W. Stuver - #1411 Attorneys for Applicant P.O. Box 907 Rifle, CO 81650 (970) 625-1887 3. Timely and adequate notice of the filing of the Application was given as required by law. 4. No Statements of Opposition to the Application were filed. The time for filing Statements of Page 2 Case No. 99CW176 Division 5 Water Court Regulski Opposition has expired. 5. Applicant requests that the following claims be awarded: CLAIM NOS. 1 - 6 UNDERGROUND WATER RIGHTS 6. Names of structures: Riverview Ranch Wells Nos. 1 - 6 7. Legal descriptions of points of diversion of the subject wells: Said wells are located in Section 12, Township 6 South, Range 92 West of the 6th P.M. more particularly described as follows: Riverview Ranch Well Feet From Feet From South Section Line East Section Line Riverview Ranch Well No. 1 1600 2800 No. 2 1600 2550 No. 3 1600 2300 No. 4 1600 2100 No.- 5 1600 1850 No. 6 850 1975 8. A. Source: The source of the water for each well will be underground water tributary to the Colorado River. B. Depth: The depth of each well will be approximately 200 feet. 9. A. Date of appropriation: May 25, 1999 B. How appropriation was initiated: By survey of subdivision and intent to appropriate groundwater to beneficial use. C. Date water applied to beneficial use: N/A 10. Amount claimed: 15 gpm (0.033 cfs), conditional for each well not to exceed 0.816 AF per year 11. Use: Domestic in-house use in two (2) single family dwellings, watering of two head of livestock and the watering of 100 square feet of home lawns and gardens from each well Page 3 Case No. 99CW 176 Division 5 Water Court Regulski 12. Name and address of owner of land on which wells will be located: Applicant CLAIM NO. 7 PLAN FOR AUGMENTATION 13. Names of Structures to be augmented: Riverview Ranch Wells Nos. 1 - 6. 14. Water rights to be used for augmentation: Applicant has contracted with the Colorado Water Conservation District for one (1) acre foot of water for full term M&I firm water from Gunsight Pass Reservoir AKA Wolford Mountain Reservoir as decreed in Case No. 87CW283 for 59,993 AF conditional with an appropriation date of December 14, 1987, located on Muddy Creek, tributary to the Colorado River in the NE% of Section 25, Township 2 North, Range 81 West of the 6th P.M. 15. Uses to be augmented: Applicant will augment the depletions from domestic in-house use in two single family dwellings, watering of two (2) head of livestock and the irrigation of 100 square feet from each of the six (6) wells. Total Consumptive Use Depletions in acre feet (AF) from all six (6) wells will occur as follows: Month Domestic Irrigation Livestock Total * Depletions ** Depletions ***Depletions Depletions 12 Dwellings 600 sq ft 12 Head January 0.06 0.0022 0.01 0.0722 February 0.06 0.0022 0.01 0.0722 March 0.06 0.0022 0.01 0.0722 April 0.06 0.0022 0.01 0.0722 May 0.06 0.0022 0.01 0.0722 June 0.06 0.0022 0.01 0.0722 July 0.06 0.0022 0.01 0.0722 August 0.06 0.0022 0.01 0.0722 September 0.06 0.0022 0.01 0.0722 October 0.06 0.0022 0.01 0.0722 November 0.06 0.0022 0.01 0.0722 December 0.06 0.0022 0.01 0.0722 Total 0.72 0.0264 0.12 0.8664 AF * Domestic depletions are based upon an average occupancy of 3.5 persons per dwelling utilizing 100 gallons per day per person with a septic tank and leech field with a consumptive use factor of 15%. Irrigation depletions are based upon an consumptive use of 1.99 AF/A ** Page 4 Case No. 99CW176 Division 5 Water Court Regulski *** 15 gal/sq ft X 600 sq ft = 9000 gal/yr Livestock depletions are based upon 11 gallons per day per head with 100% C.U. The subject wells are expected to be in priority to divert under their own priorities from October through March of each year. The remaining 0.1336 AF and any amount of the 1.0 AF contracted for but not needed for augmentation in a particular month shall be released to the Colorado River to offset carriage losses of needed augmentation water from Wolford Reservoir to the subject well locations. 16. Total Diversions Applicant's consultant has determined that the actual diversions associated with the six (6) wells for each use to be augmented will occur in Acre Feet (AF) as follows: Month *Irrigation **In House Use ***Livestock Total 600 sq ft 12 Dwellings 12 Head Diversions January 0.0036 0.3920 0.0123 0.4079 February 0.0036 0.3920 0.0123 0.4079 March 0.0036 0.3920 0.0123 0.4079 April 0.0036 0.3920 0.0123 0.4079 May 0.0036 0.3920 0.0123 0.4079 June 0.0036 0.3920 0.0123 0.4079 July 0.0036 0.3920 0.0123 0.4079 August 0.0036 0.3920 0.0123 0.4079 September 0.0036 0.3920 0.0123 0.4079 October 0.0036 0.3920 0.0123 0.4079 November 0.0036 0.3920 0.0123 0.4079 December 0.0036 0.3920 0.0123 0.4079 Totals 0.0432 4.7040 0.1476 4.8948 Based on 22 gal/sq ft which is 3.0 AF/A distributed equally throughout the year Based on 350 gal/day/dwelling Based on 11 gallons/head/day Description of Plan for Augmentation: At such times as the subject wells are out -of -priority, releases of water will be made from Wolford Reservoir to compensate for the consumptive use depletions as described and tabulated above along with a 10% transit loss. 18. Description of Exchange Reach: The exchange reach will be to the location where the well depletions influence the Colorado River. Page 5 Case No. 99CW176 Division 5 Water Court Regulski FINDINGS OF THE REFEREE The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the claims in the above entitled Application should be granted as shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. Application for Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the decree herein so long as Applicant desires to maintain the conditional water rights herein awarded, or until a determination has been made that such conditional right is made absolute by reason of the completion of the appropriation, or is otherwise disposed of. The Plan for Augmentation requested will not injuriously affect the owners of or person entitled to use water under a vested water right or a decreed conditional water right, and this plan for augmentation is approved in accordance with C.R.S. 37-92-305)3). Pursuant to C.R.S. 37-92-305(8), The State Engineer and the Division Engineer may lawfully be required under the terms of this Ruling to curtail all out -of -priority diversions from Applicant's wells at any time when the consumptive use associated with Applicant's diversions exceed the net amount of replacement water available under this plan for augmentation. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer and shall keep a monthly accounting of diversion and depletions as required by the Division Engineer. Applicant shall be responsible for filing an annual report with the Division Engineer by November 15th of each year summarizing diversion and replacements made under this plan. Applicant shall install such measuring devices, provide accounting and supply calculations regarding the timing of depletions as may be required by the Division Engineer to facilitate the operation of this plan for augmentation and assure compliance herewith. The State Engineer's Office shall issue a well permit for each of the subject wells pursuant to all of the provisions of this Ruling and provided Applicant submits a copy of the approved water allotment contract from the Colorado River Water Conservation District for 1.0 acre foot of water from Wolford Mountain Reservoir. The Applicant shall establish a homeowner's association or similar entity which shall be responsible for ensuring that the terms and conditions of this Ruling are met. Page 6 Case No. 99CW 176 Division 5 Water Court Regulski It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial Review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated c (>6 o Copy of the foregoi mailed to all Counsel of reconWatey/ Referee, ---Div. Er ineer---an• State Engineer- L Date sa Deputy Chr 1.W. a D. No 5 Stuver BY THE REFEREE: Wier ' eferee Water Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of this Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing within a period of five (5) years after 75% build -out of the development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE Dated L COMBINED COURT OF GARFIELD COUNTY GLENWOOD SPRINGS, COLORADO Certified to be a full, true and correct copy of the original 'stod Dated IP ►iciriwi' Deputy Water Judge CONTRACT #CW00004 WATER SUPPLY CONTRACT This Contract is made between the Colorado River Water Conservation District (herein the "River District"), a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise, and Robert M. Regulski (herein "Contractor") effective as of the date of the River District's execution hereof indicated below. Recitals A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46-101, et seq., (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") and permits from governmental agencies and the River District will be entitled to deliveries of water from Ruedi Reservoir under its anticipated Contract with the U.S. Bureau of Reclamation. C. The River District's Board of Directors has adopted a Water Marketing Policy by Motion dated December 1, 1995 and revised July 22, 1998, January 20, 1999, and October 20, 1999 to provide for the use of water available from the River District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be implemented through the River District's Water Projects Enterprise. D. Contractor has a need for water service, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process, in the amount of one (1) acre foot annually for municipal and industrial purposes which beneficial uses will be accomplished by Contractor in the vicinity of Rifle, Colorado by ground diversions from or within the Colorado River drainage. E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology Assumptions" which are part of that Policy and is satisfied, based on its review and investigations, that Contractor legally and physically can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and the Project's permits and decrees. Definitions In this Contract certain terms will have definitions as stated below: • The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital No. 1 and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors dated October 19, 1999. • The "Project means the River District's "Colorado River Supply" from Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283 and 95CW281, District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District in Case No. 98CW237 or other cases; and the River District's anticipated contractual right to water deliveries from Ruedi Reservoir. "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any with right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. • "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as those terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a nonagricultural product or service for sale, including without limitation, such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and nonhydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. • "Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is one (1) acre foot of Colorado River supply available during each Project Year during the term of this Contract, subject to the provisions hereof, for Contractor's use without right of carryover of any amount not used in any Project Year. • "Project Year" means a period of time from July 1 through and including the subsequent June 30. • "Water Marketing Policy" means the River District's policy statement dated December 1, 1995 as the same was revised on July 22, 1998, January 20, 1999, and October 20, 1999 and may be amended in the future. • "Project Hydrology Assumptions" or "Hydrology Assumptions" means the document attached as Appendix "A" to the Water Marketing Policy adopted on December 1, 1995. Agreements The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. 1. River District Water Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor, the River District will make releases for Contractor, based upon Contractor's written schedule of anticipated demand, adjusted as necessary by the ongoing status of river administration vis-a-vis the priority status of Contractor's diversions. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall be subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. c. Water Measurements. The River District shall measure at the outlet works of the Contracted Water's sources of supply all Contracted Water delivered from the account of Contractor and shall notify the Division Engineer of Colorado Water Division No. 5 of the date, time, amount of release of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. e. Maintenance of Facilities. The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. -3- f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractor's nonpayment for Contracted Water or any other breach of this Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach. g. Delivery from Alternate Source. The River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use hereunder, provided that any such alternate releases shall not diminish the supply of Contracted Water or impair Contractor's legal or physical ability to make use of Contracted Water or to meet its obligations under any judicial or administrative approval described in paragraph 2.d. 2. Contractor's Water Use Obligations and Responsibilities. a. Scheduling of Use. Contractor shall provide has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the upcoming Project Year on or before June 1 annually. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District or as necessary in response to river administration of the Contractor's diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not to be needed by it during any particular Project Year. The Contractor shall update said schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. b. Carriage Losses. Contractor shall bear carriage losses, either five percent of delivery or such other amount as is determined by the Division Engineer for Colorado Water Division No. 5, from the point of delivery of Contracted Water to Contractor's point(s) of use and/or exchange or augmentation. c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for augmentation or exchange and/or secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. Contractor already had filed such an application in Water Court Case No. 99CW 176. If Contractor intends to make any such applications for any augmentation or exchange plan(s) or substitute supply plan(s), Contractor shall submit the proposed -4- application to the River District at least 30 days before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or filed, and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co - applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractor's use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Contractor shall not sublet, sell, donate, loan or otherwise dispose of any of its rights to this Contract or to Contracted Water without written notice to and the prior written approval of the River District. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, or a permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water, or where the transfer is made to an entity such as a homeowners' association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. f. Contractor's Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on form(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees and/or administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and informed officers or agents. 3. Contractor's Payments. With its application, Contractor has paid to the River District $750.00 for the one (1) acre foot of Contracted Water. On or before each anniversary date of this Contract, Contractor shall pay the River District $20.00 for the one (1) acre foot of Contracted Water, which amount represents Project Operation and Maintenance ("O&M"). The annual O&M payment of Contractor shall be adjusted on April 1, 2003 and every five years thereafter based on the cumulative change in the Boulder -Denver Consumer Price Index ("All Items"). -5- 4. Contract Term. a. Subject to the provisions of subparagraph 6.b below, the initial terms of this Contract shall be for a period of forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial term and subject to the provisions of subparagraph 6.b below, Contractor shall have the right to renew this Contract for a secondary term of thirty-five (35) years, which shall commence upon the expiration of the initial term. If Contractor desires to so renew this Contract, it shall provide the River District written notice of its intention to do so at least ninety (90) days prior to the expiration of the initial term of this Contract. Thereafter, and prior to the expiration of the initial term, the River District and Contractor shall execute a supplemental agreement of renewal in a form mutually acceptable to the River District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. c. Upon renewal, the following terms of this Contract shall be subject to renegotiation: (1) The charge for and adjustment of operation and maintenance may be increased or modified based upon the adequacy of the charge and its modification under this Contract to cover the River District's operation and maintenance costs actually experienced during the initial term. (2) The need or appropriateness of any conservation plan concerning Contractor's use of Contracted Water as determined by the River District. 5. Water Shortage. In the event that the River District is unable, because of either legal or physical reasons, to deliver any or all of the full amount of water contracted from the Project, including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. 6. Contract Termination. a. Termination by River District. (1) The River District may terminate this Contract for any violation or breach of the terms of this Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within 30 days after receiving written notice from the River District of such breach. -6- (2) The River District also may terminate this Contract if, in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above, threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits, or other interests associated with the Project. (3) The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. b. Adjustment of Payments: If the River District terminates this Contract under subparagraph 6.(a)(2) or (3), it shall repay to Contractor a portion of the Contractor's payment which represents the pro rata amount of the remaining term of the Contract (40 years or 35 years). c. Notice of Termination to Affected Officials. The River District will notify the Division Engineer and any other appropriate governmental officials of any full or partial contract termination. 7. Miscellaneous/Standard Provisions. a. Notices. (1) All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: River District: Colorado River Water Conservation District P. O. Box 1120 201 Centennial Street, Suite 204 Glenwood Springs, Colorado 81602 Attention: Secretary / General Manager -7- Contractor: Robert M. Regulski P. 0. Box 9 Rifle, Colorado 81650 with a copy to Thomas W. Stuver, Esq. Stuver & George, P. C. P. 0. Box 907 Rifle, Colorado 81650 (2) Either party may, by written notice given in accordance with this provision, change the address to which notices to it shall be mailed or delivered. b. Nondiscrimination. Contractor shall not discriminate in the availability or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or national origin or any other criteria prohibited under state or federal law. c. Amendments. No amendment, modification, or novation of this contract or its provisions and implementation shall be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. -8- DATE: ATTEST: e___a_o C._ L__(2_, Richard Eric Kuhn Secretary / General Manager COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterprise WO"; .441, Paul J. I • , President CONTRACTOR -9- STATE OF COLORADO ) ss. COUNTY OF GARFIELD VERIFICATION The foregoing Water Supply Contract was subscribed and sworn to before me by Paul J.Ohri as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this ,Z 'f -day of 2000. Witness my hand and official seal. My Commission Expires: STATE OF COLORADO ) ss. COUNTY OF GARFIELD otary Public MY COMMISSION EXPIRES APRIL 1, 2003 The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kuhn, as Secretary / General Manager, of the Colorado River Water Conservation District, acting byand through its Colorado River Water Projects Enterprise this day of f -rsk 2000. Witness my hand and official seal. My Commission Expires: MY COMMISSION EXPIRES APRIL 1, 2003 -10- STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before me by Robert M. Regulski this fit-) day of k�-- 2000. Witness my hand and official seal. My Commission Expires: 1.2--2-U,.2-07-)k -11- C�ll,�a C'l7 \,,x_� Notary Public