HomeMy WebLinkAbout1.0 ApplicationI
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to c.R.s. (1973) Section 3o-28-l0l(l0Xa)-(d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, theundersigned Peter Heineman respectfully petitions the Board of
County Commissioners of Garfield County, Colorado, to exempt by Resolution the
division of one 200 acre tract of land into rhree ( 3 ) tracB
ofappr6ximately stx (6)acres each, mone or less, from the
definitions of "subdivision" and "subdivided land" as the terms are used and defrned in
C.R.S. (1973) Section 30-28-l0l (10)(a)-(d) and the Garfield Cormty Subdivision
Regulations for the reasons stated below:
See attached letter regard exemption
SUBMITTAL REQUIREMENTS :
An application which satisfied the review criteria must be submitted with the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of
the properry. dimension and area of all lots or separate interests to be created
access to a public right-of-way. and any proposed easements for drainage,
irrigation. access or utilities; and
B. vicinit-v map at a minimum scale of l":2000' showing the general
topographic and geographic relation of the proposed exemption to the
surrounding area within nro (2) miles, for which a copy of u.s.G.S.
quadrangle map may be used; and
C. Copy of the deed showing ownership by the applicant, or a letter from the
prop€rty owne(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of
mineral owners of record of the property to be exempted, and tenants of any
stnrcture proposed for conversion; and
E. Evidence of soil types and characteristics of each type; andF. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
G. If connection to a community or municipal water or sewer system is proposed,
a letter from the goveming body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
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I.It shall be demonstratgd that the parcel existed as described on Jan,ary l,
1973 or the parcel as it exists presently is one of not more than three jarcels
created from a larger parcel as it existed on January l,lg73.
A $300.00 fee musr be submined with the application.
Peter lleineman
Petttloner
L9423 N. Turkey Creek Road "B',
Morrlson co 80465
City State
(303) 697-8s01
Telephone Number
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionar"v power to exempt a division ofland from the definition of subdivision and, thereby. fromthe procedure in th.r.Regulations, provided the Board of County Commissioners determines that suchexemption will not impair or defeat the stated purpose of the Subdivision Regulations rro,be detrimental to the general public welfare. The Board has determined thatieases,
easements and other similar interests in Garfield Count-v owned properry, land for oil andgas facilities, and an accessory dwelling unit or t!\,o family awetiinj thut'*. rrbject toleasehold interest only and complying with the requirements of thebarfield CotrntyZoning Resolution, are exempt from these regulations.
A' No more than a total of four (4) lots, parcels, interests or dwelling units wiu becrearcd from any parcel, as ttrat parcel was described in the recoris of the GarfieldCounty Clerk and Recorder's Office on January l,lg73. In order to qualiff forexemption, the parcel as it existed on January i, 1923, must have been 35 acres orgreater in size at the time and not a part of a iecorded subdivision; however, anyparcel to be divid"g bv exemption that is split by a public right-oflway (State orFederal highway, County road or railroad), pr.rlntirrg jointirse of thl proposed
tracB, and the division occurs alo-ne$e prbti. rieht-6iw"y, ,u.h pur"ils therebycleated may' at the discretion of the Board, not bJ considered to have been createdby exemptio} wi& regard to the !* (+l lot, parcel, interest or dwelling gnit
limitation otherwise applicable. For tui purpores of defuiition, a[;cts of land35 acres or greater in size, created after January l,lg73 will count as parcels ofland created by exemption since January t, tgil.'
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REOEIVEDSEP 1+2001
PETITION FOR EXEMPTION
APPLICATION
FOR THE
MONUMENT RIDGE SUBDIVISION
GARFIELD COT]NTY, COLORADO
HCE JOB NUMBER: 2000060.01
August 30,2001
Prepared for:
Foothills Land & Development,Inc.
19423 N. Turkey Creek Road, "B"
Morrison, CO 80465
Prepared by:
High Country Engineering, Inc.
923 Cooper Avenue
Glenwood Springs, CO 81601
nmhpEE
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December 14, 2000
Garfleld Cowrty
Buitding and Planning Dept.
To Whom lt may Concern:'
Thls letter is being submitted to accompany my appltcation for
glegpuon to subdivlston for my Monumedt cuur -property in
Battlement Mesa. I purchas-ed ttrts property in octibei wiin mosr of
my purchase price betng financed. My lntendon was to subdividethep-rgperty tnto ten acre parcels wtth the expectation ttrat thts
could be accomplished in approximately six months accordtng to myengineer. Because of th9 rarge numberi of developmenr applcadons
betng processed by Garfreld Couaty, I have been tota &atiirbdtvtsionmay take a year or Eore. Becausgof the hlgh price I have paid forthe property and the burden of my tnteresipalrments, it isbf
:Ittepq lmpo-rtance ttrat I obtain these rour parcets $ exempdon sothat I may sell them to_ pay dor,rm my loan. tiris
"rru daxe ti-ffisrbh
for.ye to hafg on undl the subdlvlsion process can been comlietea.I will appreciate your consideradon of my application,
- Sincerely,
H,,t[^-
Peter Helneman
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I alJlga b18423 n.Eur.kty .cnaak nd.morrllon, co BO.4EiU (BOg, eSZ-Oe7E
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Gepral Description: The Monument Ridge Subd.ivision is proposed
lollave 16 parcels of approxrmately ten (Io) acres each. The terrain
ts. flat to gegtly sloplng- some of ttrl pr"p"rqy ii oo* irrigated wtttr
pla,1rs to lrrtgate $e. enttre properry. Thi pr,Spiar ues bEnroeen a
OVTRVIEW OF MONT]MENT RIDGE R.T-ICH
high denslty subdMslon and nratiesraenhatTrantn property. ur.B:f:1!f:ptry of qr.v.o.roperty ts much ro*"iaa"-til.-rltUBattlement Mesa subdlviiion or rtle fanartsk;ba;rd;'f,rJi, ur"street to the West
udlitles: These parcels will be-seryeq by underground, electricityand telephone. Natural gas service is atso avaitaule. - -'
Water and sewer: Water to be provided by wells. A validaugmena9g. plr! will be provided. Augmentadon water to be
=::T**
j:1,*gprovtdebby-WeglOruia"-Waturco"ser."ncy
P:$:Ll!taq*g is.a review of wers driled by neighboring
3"^*t-::- yi*i" the same secrrons "J-v pr6p"ttv showiig waterselds and well deplhs. Aq you can see, icieitraie potabre wiioappears to be readily arrailable tn thts .lrea ai relaiivefy sUff"",depths.
sewer.is _t9 be by individual sewage disposal system systems. soilstypes lndicate that conventional teactr fields i^y ue ubo o" tui,property. An enq$egrrng slud-y ls currently betru oone ro aetermrneslztng of leach ffelds for ryptcarhomes *rrfii"-duiuqcit prop.,nv.
Driveways:Lot conffguradon has been latd out tn such a wry asfir:il;;l-fid,a^A A-t--*1*fXv:^yttnin tte p*n iw-*iiiu" -ih'er""o by a
Ps.":x:*_assocrasou.-brrfetdyJ*rr[ir?ffi ffiil#itri"a.subdlvislon are on Counry Road 3Ob.
Covenants:The parcels tn this subdivisron will be subJect to a
i_T::::,::=*anaiesurcuona*hr.h;ru#'dt;"d'*;7;*:3:y:, :11 S*"rg:* rriere *r, be rrmrfi #f,il[olii.o"oo,-r,Hfiffit!]
fr+eirreo,sFp t 4 2oor
Monument Ridge Exemption Submittal
HCE Project No. 2000060.01
Dear Building & Planning Department:
Please find enclosed, a Petiiion for Exemption for the Monument Gulch Subdivision, located south of
Parachute and Battlement Mesa, Colorado. The exemption is on behalf of Foothills Land and
Development Incorporated of Morrison, Colorado. Included with the Petition of Exemption are three
(3) copies of the current waxranty deed showing transfer of ownership from Irving D. Cohen, the
previous owner, to Foothills Land and Development Incorporated; an overview of the proposed
subdivision, including a description of proposed utilities, water service, sewer system, driveways, and
covenants and a map showing the soil types and characteristics of the area. Accompanying the
overview letter is a copy of neighboring well performance, evaluated by Shelton Drilling Corporation.
Also included is a narrative from Peter Heineman of Foothills Land and Development Incorporated
describing why the exemption is being requested.
The proposed fire protection system for each lot will be the responsibility of each individual lot
owner. The fire protection system would have to comply with the NFPA l23l Standard on Water
Supplies for Suburban and Rural Fire Fighting. Additionally lot owners could install an automatic fire
sprinkler system conforming to NFPA 13D. The Grand Valley Fire District Chief, David Blair,
agreed, by phone that this proposal would be acceptable.
After researching previous ownership of the property, it appears that the original parcel consisted of
242 acres that existed prior to September 23,1974, (reference Special Wananty Deed, Book 464Page
585, Reception No. 264857) at which time the parcel was divided into a 42-acre parcel and the
remaining area of 200 acres owned by Foothills Land and Development Incorporated.
If further information is required or if you have any questions regarding this Petition for Exemption,
please feel free to contact us.
Respectfully,
HIGH COUNTRY ENGINEERING, INC.-z .-. -/1_,_ 4.- [: 1: r'*'r--\
RogerNeal, P.E.
Project Manager
Enc.
923 Cooper Avenue
Glenwood Springs, CO E1601
phone 970 945-E676 . fax 970 945-2555
14 Invcrness Drive Easg Scc 8-1,04
Englewood, CO E0112
phone j03 o2r-0541.Iax 38 n5-0547
September 5, 2001
Garfield County Building and Planning Department
109 8* Street, Suite 103
Glenwood Springs, CO 81601
I2165/2AEL ZEzSL L976A762348
'RECEIVEDti[c$ 52001
Name of
So,nt
CrEncfet
s
atUL b / d;Pf l,e-a-w
GARFIEI,D COUNTY
Euilding & Plwning Depanmefi
Rwiew Agency Form
PAGE A2
Date Seut:
CorumectsDu6:
November 14,2ffi1
December 14,2001
Guficld Cotttty rqwsE your onmmsnt in lwiew of this project. pleasg 1otiry Kit Lyon
i_n the cvart,ryu arc unshte to rcspoild try llooerDcr l+iffi, This fo# *"i t* u*oaforyourssponsc,oryoumayaUactryourownaddiduralshcetsasneocs$ary. Writrem
conrmoffs msy bG mriled or frircd to:
ae-d
r---4.*)'(lt9ry$/ Dcdal
Thqfollowiry are cmditions ofappuwl,
This rsvierr agrilroy recmmends (circte
Pr*iral t/ra/f!n
Dec 1rt Ol 03 r 22p GVFPF e85 -9744 p.4
GRAND VALLEY
FIRB PROTECTION DISTRICT BtreElUE,SLNT E. BATTLEMENT PARKWAY Il E W U ' -
RO BOX 29s
PARACHUTq CO fl63s
(970) 28s-9119, tr'AX (970) 215-9748
December 14,2001
Kit Lyon
Garfield Corurty Building & Planning Dept.
109Ith Strcet, Suite 303
Glenwood Springs, CO 81601
Sutfet: Fire Protection Plan for Monunrent Ridge Exerrrytion
Kir,
DEc I q 2001
I halc reviewed the application and the plat notes on thc dravying and all scem to be in ordsr with
thc exccption of:
emerg€nsy, is not limited to the spscific residence wherc it is located and thst its usdneed
is at the discretion ofthe fnc departmcnt.
domestic use.
Ifthese are added to the plat notes as per tho tetter writteor to the Scott Stevens on Septembcr 19,
2001" then the Grand Vatley Fire Protsction Disrict will have no further objections or conccms
rcgarding thc excmption requcst for this propcrty.
If you have any questions regading this review or if I can be of any other assistance, I can be
reached at (970) 285-9 1 19.
Dg*{'Q
David A. Blair
Dlstrict Fire Chiet GVFPD
Xc: File
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9u9, FAX (970) 285-9748
RECEIVEDSEP2l2OOI
?@ o(.o,ol
September 19,2001
Scott L. Stevens
Project Engineer
High Country Engineering, Inc.
l5l7 Blake Avenue, Ste. l0l
Glenwood Springs, CO 81601
Subject:
Mr. Stevens,
Fire protection for the Monnment Ridge SuMivision
HCE Project No. 2000060.01
(This is a copy of the form letter we have adopted since the initial contact with Daryl
Quecru Glenwood Springs Fire Department. Basically it is the same as before, with the
exception of specific firewater cistern sizes.)
The options available to you include either a local water supply for each residence or a
central pressurized water supply for all residence as well as fire protection sprinklers.
Because of the size of your project, it would appear that the localized water supply
systems (NFPA l23l) and fire protection sprinkles might be better suited to provide such
protection.
The use of sprinklers in new construction is always encouraged, and has proved to be both
cost effective and to have rnade the critical difference in the "saving of a structure'1. The
key element of a l3D system is to provide enough suppressant to get the occupants out of
the residence. The system is designed to provide a l0-minute water supply. In a nofmal
urban setting, with prompt notification to the fire department, a respome and
extinguishmgrt can be started during this l0-minute time frame. However, with a small
volunteer fire department, which does not staff fire station crews, response tinps can be
much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to
leave, but the fire has most likely continued to burru and after the l0-minute period of
water delivery, the fire may again start actively burning. Fire sprinklers are not required in
structures less than 3500 square feet, however we encourage homeowners to consider
their value and the benefits that they rnay provide in the event ofan actual fire.
The recommendations of NFPA l23l are to have a water supply located within 150 feet
of a residence, a 4 Vz" hydrart connection capable of providing 500 gpm and a capacity to
be determined by the square ^-otage of the residence. After consulti-- other fre'agencies
within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable
requirement for residence under 3500 square feet. Sprinkler systems would be optional
for residence up to 3500 square feet. Residences over 3500 squre feet will need to have
both the calculated size storage tank and a sprinkler system to provide initial knockdown
capabilities. As far as access / egress requirements & defensible space, the Colorado State
Forest Service has recommended using the NFPA 299 standar4 Protection of Life and
Property from Wildfire. The Grand Valley Fire Protection District, as well as the other
fire districts within Garfield County, has adopted this as the standard within its boundaries.
n
other issues to be included and noted in the proposal are as follows:
to. A minimum flow of 26 gpm with a duration of ten minutes or 26Q gallons (see
Section 2-l) are required. The storage tank used for fire proteition will be
separate from that used for domestic use. If a homeowner wishes to combine the
water supply for both the sprinkler system and domestic use, the requirements of
the code shall be met. Anmral inspection / maintenance and reporting rcquirements
of a sprinkler system are the responsibility of the homeowner. For structures over
3500 square feet, an approved fire protection sprinkler system will be required.
The sprinkler system is to be supptied from the firewater cistern (for those
structures 3500 square feet or greater).
An agreement to use the water stored in a fire water cisterrl in the event of an
emergency, is not limited to the specific residence where it is located and that its
use/need is at the discretion of the fire department.
The water supply (fire water cistern) is for fire protection only, not to be used for
domestic use.
If tlrc above conditions are met and made apart of your building application the Grand
Valley Fire Protection District has no further concerns regarding this pioject.
Ifyou have any questions or if I can be of any additional help regarding this project or any
other concerns regarding fire protectiorl I can be contacted at the phone o,rmb"r above.
David A. Blair,
District Fire Chief, GVFPD
Board of Directors, GVFPD
File
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PARACHUTE. COLORAOO
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RECEIVEDOCTls2OOl
October 15,2001
Kit Lyon, Senior Planner
Garfield County Building and Planning Departrnent
109 8* Street, Suite 103
Glenwood Springs, CO 81601
Monument Ridge Exemption Submittal
HCE Project No. 2000060.01
Dear Kit:
Please find enclosed, supplement information for completeness of the exemption application for the
Monument Ridge Subdivision, located south of Parachute and Battlement Mesa, Colorado. We have
enclosed two copies each of a vicinity map, SCS soils map, well permits for each proposed exemption
lot, a letter from the Grand Valley Fire Protection District, chain of title for the property from 1961 to
present, and modified overview of the exemption property. We have also included revised copies of
the Plat map that indicate the respective Lot numbers for Lots and remaining parcels created.
You made mention that the neighboring property owners were not identified, however, on the Plat
Map all neighboring property owners were identified and each name were located in its relative
position to the proposed Plat. We have also enclosed a list of neighboring property owners in the -
Monument Creek Village and Tamarisk Subdivisions.
The vicinity map and SCS soils map should be self-explanatory. The well permits were received from
the Office of the State Engineer, Colorado Division of Water Resources. Since the applicant
anticipates subdividing the entire 200 acres, he requested permits for all of the Lots to be created. We
have enclosed the three well permits relative to the Exemption Parcel. Included with the permits is a
list of all the well numbers and corresponding lot numbers. Please notice that the exemption lots are
labeled Lots El, E2, and E3, which would correspond to Lots 1,2, and 3 respectively.
The letter from the Grand Valley Fire Protection District indicates what minimum standaxds are
acceptable to the District. We believe that what has been proposed for fire protection would
adequately meet the standards of the District.
We have enclosed chain of title for the property, dating back from 1961 to the present owners with a
narrative describing owners, lot acreage, date of transfer, and recorded Book and Page numbers. After
reviewing the deeds and discussions with the Garfield County Building and Planning department, we
feel that the proposed number of exemption lots is appropriate. Due to the fact that the pardht parcel
was 280 acres prior to 1974, when the proposed property of 200 acres was transferred by deed, this
transfer created the split of parcels by County Roads by exemption. We feel that due to the fact that
the County Roads created the split of the parcels, that the remaining parcels should not be considered
as paxt of the exemption. Thus remaining parcels Lots 4 and 5 should not be considered as part of the
exemption.
1517 BlakeAvenue, Ste. l0l
Glenwood Springs, CO 81601
phone 970 945-8676 .fax 970 945-2555
14 Inverness Driye East, Ste. D-L36
Englewood, CO 80112
phone j03 925-0544 .fax 303 925-0547
Grand Junction, CO 80501
phone 970 858-0933 .fax 970 858-0275
October 15,2001
Kit Lyon
Page2
The overview for the exemption has been modified and included. No covenants for the Lots created
by exemption are proposed. The applicant feels that the Monument Ridge Subdivision Covenants
would include the Exemption Lots at the proper time.
If further information is required or if you have any questions regarding this Petition for Exemption,
please feel free to contact us.
Respectfully,
HIGH COUNTRY ENGINEERING, INC.
Project Manager
RDN/sls
cc: Peter Heineman, Foothills Land and Development Inc.
Enc.
MONUMENT RIDGE RANCH
EXEMPTION
General Description: The Monument Ridge Ranch Exemption is proposed to have 3
Lots approximately six (6) acres each, with trvo remaining parcels of 81 and 100 acres
respectively. The terrain is generally flat to gentle sloping with one major natural
drainage through the proposed exemption lots. The property lies between a high density
subdivision and rural residential/ranch property. The Proposed density of Monument
Ridge is much lower than the existing Tamarisk subdivision, west of the property.
Utilities: The proposed lots would be served by underground electricity, w\:re existing
overhead electricity is not available, and underground telephone service. Natural gas
service is also available to the area.
Water and Sewer: Proposed water service is by individual wells. An Augmentation
plan will be provided with water contracted for and provided by West Divide Water
Conservancy District. We have enclosed copies of Well Permits from the State
Engineers Office and copies of neighboring well production. Overall potential water
production for domestic use looks very favorable based on neighboring well history.
Proposed sewage treatment would be by an Individual Sewage Disposal System for each
individual lot. Soil types in the area indicate that conventional leach fields may be
utilized.
Driveways: All driveways would access from County Road 300 and be privately
maintained.
. ,ti
}rlQltIRYETTCEilIlTtE.. E,B@ffiRATETI.ErtrooDmEE @sqrtPtftG gr0reaS.rr!
FA*gr0r0,6-ffi
PEIER HEINEUAil
PARAO{UTE. COLORAOO
lrcf,tanIre
ErEl?lutirTrcfalYlllP
l"=2000' oRAlN2
F[.8 NO.
2mdlot
"-\*
- .'i.- -
p.o. el, rgoa
1O05 Cooper Ave.
Glenwood Springs,
co 81602
.lE0ElvEDDEC062001
(e7o) 945-s70O
(970) 945-1253 Fax
November 20,2001
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Monument Ridge Subdivision Exemption
Dear Mark:
This report presents the findings of the water supply investigations performed by
Zancanella and Associates, lnc. forthe proposed Monument Ridge Subdivision Exemption.
Figure 1 shows the general location of the property and the approximate location of Well
#2 designated to serve one of the three exemption lots. lnformation contained in this
report covers estimated future domestic water uses for the three lots, the "legal supply",
well pump test reports, and water quality.
Water Requirements
Table 1, attached, presents the diversions and consumptive use for the proposed 3 lot
subdivision exemption. We have assumed that each EQR will represent 3.5 people using
100 gallons of water per person per day. We have also included 2 livestock units per lot
in the water service plan. For our calculation we have presumed that water will be diverted
to irrigate up to 2500 square feet of lawn or other equivalent outside uses at each lot.
Legal Supply
As can be seen from Table 1, the exemption wil! divert an average 1.84 AF annually, and
consumptively use 0.67 AF. The peak month of July would require a continuous average
diversion of 1.7 gpm for all three lots. The subdivision is located within Area A of the West
Divide Water District and is eligible for the District's temporary exchange plan approved
by Garfield County and the Colorado Division of Water Resources. A contract from the
West Divide District for up to 20 EQRs for a total of 4.90 acre feet, including transit losses,
has been approved by the District. A copy is attached. Copies are also attached of the
well permits for each of the 3 lots in the proposed exemption.
Physical Supply
It is our understanding that the Monument Ridge Subdivision Exemption will be served by
individual wells for each lot and will be operated as a non-community water supply system
as defined by the Cotorado Department of Public Health and Environment. Monument
Ridge Well#2 was completed on October 16, 2000 by Shelton Drilling Corporation. A copy
of the wel! construction report is attached. We have also attached a graphical
representation of Well #2's construction in Figure 2. Monument Ridge Well #2 has been
permitted under permit number056566-F. The permitted location forWell #2 is in the SW
1/oof theSW %of Section 17, Township 7 South, Range 95Westof the 6th P.M. Thewell
can be plotted 650 feet from the south section line and 450 feet from the west section !ine.
A pump test of Monument Ridge Well #2 was conducted on October 29, 2001 by
Samuelson Pump Company utilizing an electric submersible pump and a generator. The
well was pumped at a continuous rate of from 12to 14.3 gallons per minute (gpm). lt was
pumped continuously for a 4 hour period at this rate. The drawdown and time data
collected during the test are presented in Table 2. We have plotted the results of the test
in a drawdown vs. time curve as shown on the attached Figure 3. The maximum
drawdown during the 4-hour test was measured at 5.80 feet. The well displayed
continuous drawdown with time. Projecting the drawdown rate, the wellwoutd be able to
pump continuouslyfor several days. At all times during the test the water level stayed well
above the pump intake at 140 feet.
Recovery data for the well following the pump test were collected for a 20 minute period
after the pumping stopped. The recovery data are atso summarized in Table 2. The
recovery plotted as residual drawdown is shown in Figure 4. Based on the residuat
drawdown curve, the well displayed normal recovery characteristics. The pump test
indicates that the wellwill probably be able to operate for extended periods at the rate of
approximately 12 gpm and wi!! be adequate to serve a sing family residence.
Water Quality
Water samples were collected during the pump test and sent to Evergreen Analytical
Laboratories for independent analyses. The lab tests included analyses for dissolved
solids, inorganic chemicals, and nitrates. Results of the tests, on Colorado Department of
Public Health and Environment (CDPHE)forms, are attached. They showthat all potential
contaminants that were tested were below the Maximum Contaminant Levels (MCL) as
established by the CDPHE.
A bacteria sample was also collected during the pump test and sent to the CDPHE lab in
Grand Junction for analysis. The test indicated that coliform bacteria were absent. A copy
of the bacteria analysis is attached.
!f you have any questions, please call our office at (970) g4S-5700.
Very truly yours,
Zancanella and Associates, lnc.
Attachments
cc: Peter Heineman
\\ServerV & a jobs\21 000\21 802 Monument Ridge Sub\Bean-WaterSupply.wpd
Thomas A. Zancanella, P.E.
R95W
t
Sodr ln Fcct
PROJECT I-OCATION MAP MONUMENT RIDGE SUBDIVISION
EXEMPTION
FIGURE I{O.
rA[E I DAIEr'= 2OOd I ilOV. 19, 2OOl
SIIEET:10Fl
tcrf ErE-TGGHErmEIO.&EtIG .l[..!-e
xAtl Er: lcnp Er: lirnil El:
BCPIBCPITXZ
MAUI{ELcTelE.tf,.d!PRO.ECT: ,,*,
Table 1
Monument Ridge Subdivision Exemption
Esti mated Water Requ irements
Water Use
# of Residences 3.0 units
# personVresidence 3.5 cap/unit
#gallons/person/day 100 gpcd
Percentconsumed 15%
Lawn lnigation 2500 sq-fl/unit
Application Efiiciency 70o/o
Croo lnio reomnt (ClR) 2.27 lt
# of Commercial Units 0.0
# personsr/unit 3.5
#gallons/person/day 100 gpcd
Percent Consumed 15o/o
Lawn lnigation 2500 sq-ft/unit
Application Effrciency 70o/o
Croo lnio reomnt (ClR) 2.27 ft
Pond Surface Area 0.00 acres
Annual Net Evaporation 2.91 ft
Livestock @ lfuaVday 2.00 units
# gallons/daylunit 15.00 gallons
lnigated Open Space 0.00 acres
Application Efficiency 70Yo
Croo lniq reqmnt (ClR) 2.27 ft
Water Use Galculations
Month
(1) (2t (3) (4) (5) (6) (71
Domestic Gornmercial Dom\Cornm Open Spacr Llvestock Averagc
ln+ouse ln+ouse lrigation lrrlgation Tota! Flil
(ac{) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (Spm)
(8) (e) (10) (11) (12',) (13) (14)
Domestlc Commerclal Dom\Cornm Open Space Livestock Average
ln{rouse ln-lrouse lrrigatlon lrrigation Total Flow
(ac{) (ac-fi) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (spm)
January
February
March
Aprll
May
June
July
August
September
October
November
Ilecember
Annual
0.10
0.09
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
1.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.05
0.08
0.11
0.'12
0.10
0.07
0.03
0.00
0.00
0.56
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.10
0.11 0.8
0.10 0.8
0.11 0.8
0.15 1.1
0.18 1.3
0.22 1.6
0.23 1.7
0.21 1.5
0.18 1.3
0.14 1.0
0.10 0.8
0.11 0.8
1.U 1.14
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.03
0.05
0.08
0.08
0.07
0.05
0.02
0.00
0.00
0.39
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.01
0.01
0.01
0.01
0.01
0.01
0.0'l
0.01
0.01
0.01
0.01
0.01
0.10
0.02
0.02
0.02
0.06
0.08
0.10
0.11
0.10
0.07
0.04
0.02
0.02
0.67
0.2
0.2
0.2
0.4
0.6
0.8
0.8
o.7
0.5
0.3
o.2
o.2
0.41
ZANCANELLA & ASSOCIATES. Inc.EQRuse-Exemp.123
GRt]UNDi'ti
,r o.fl ito,, srEELI I I fl H o.?40'vALLcs6I I ::l ErTil:ilrE3oI I ::] l=EH.'#01'nr..
l**,***,,*l ;:l I I ao rE es
I I ::] It-i5*rnf,.Y'..0
I I ,,,] #;t^#?#il':,:'.yriesoo'
I I ,::l E es rr140I I r El- 5,5' u,D, FvC
-L] ::] EL
OESO'\'ALL PERFCSG
TT]TAL DEPTH 140'
MONUMENT RIDGE
WELL #2 DETAIL
MONUMENT RIDGE SUBDIVISION
*AI.E I DAIE
ilOT TO SCATE i{ovcnrbc 19, 2OO
SIEET:10Fl
,rArr Er; parf,rJr Er; I AFFU IrY:BcPlscPlrrz II(AllilE:
UatZhtun.drg
AT PROVAL# OWrSl1.9l{3
WELL CONSTRUCTION AI IEST REPORT
STATE OF COLORADO, OFFICE OT THE STATE ENGINEER
WELL PERI}IIT I\iT'MBER
gOa YoPaerHcincman
il[ailhg Address: 19423 N. Turkcy Crcck Rd' Stc B
CIty, Sar, Zip: Morrisoq Co 80465
Phonp # : 303{97'067E
sw t/4 SW l/4 Seq 17 TvP: 7 S
Scc line OR Nclhing:DISTAI{CES FBO[\[ SEC. LINES
650 ft. frtm Soft Soo" tino md 450 A' frm Wost
DATB COMPLETED: IUId2OOI TOTTALDEPTIf, I'M DEPTH COMPLETION: IIO
9. Pa&rPlacsnat
I}ne :
Dqtx :
8. Filtl[ PCCK
Matprial :
Sizo :
lnurl8l :
ll. DISINFECTION : TPI : IITII ADt. Usd: 3 cL
DatE Is Sutinittd On
TESTINGMBTHOD: AhCmPrccsor
$aiolevcl: 90 fr. f)atoffiaoMea$red l0/1tr2001 ProdusliqrRac 15 grn
hrnpbgtcud: Totat tt. Drta/Tirne Mcanrod tUl6200t T€*L6tgth: 2bqrc
TcstBaatk:
MdlinC Addrcas : P.O. Box 1059
Phme: QAnTAln
Lic. No. 1095
Namc / Titlo (Plcase TrOe o
ltrrpc Skhoo / Plccidclt
TABLE 2
Pump Test Data
Well lD: Monument Ridge - Well 2 (Lot 2E)
Client: Monument Ridoe
Test By: Samuelson
Analysis By: BCP
M.P. = Top of Casing
Q=
r=
S.W.L. =[=
14.3
Time/Date on: 10/29/01 1:00 PM
gpm
ft
ft
ft
95.0
Time/Date off:
Test Length:
1Ol29lO15:00 PM
4:00:00 totaltime
TIME
Time
(minutes)
W.L. Measurement Drawdown
(feet)
o
(oom)
t'
(mlnutesl
ut'
(feet)(inches)
10129101 1:00 PM 0 95.00 0 SWL 12
1Ol29lO11:01 PM 1 98.39 0 3.39 12
1Ol29lO11:02 PM 2 98.77 0 3.77 12
1Ol29lO11:03 PM 3 98.92 0 3.92 12
10l29l0'l1:04 PM 4 99.09 0 4.09 12
1Ol29lO11:05 PM 5 99.18 0 4.18 12
1Ol29lO11:08 PM 8 99.30 0 4.30 12
101291011:11 PM 11 99.30 0 4.30 12
101291011:15 PM 15 99.32 0 4.32 13
101291011:20 PM 20 99.88 0 4.88 14.3
101291011:37 PM 37 100.25 0 5.25 14.3
1Ol29lO11:50 PM 50 100.32 0 5.32 14.3
101291012:03 PM 63 100.39 0 5.39 14.3
101291012:33 PM 93 100.48 0 5.48 14.3
1Ol29lO13:06 PM 126 100.s7 0 5.57 14.3
1Ol29lO14:03 PM 183 100.7s 0 5.75 14.3
1Ol29lO15:00 PM 240 100.80 0 5.80 Stop Pumping
1Ol29lO15:O1 PM 241 96.72 0 1.72 o 1 241
1Ol29lO15:02 PM 242 95.68 0 0.68 0 2 121
1Ol29lO15:03 PM 243 95.41 0 0.68 0 3 81
101291015:06 PM 246 95.27 0 0.41 0 6 41
1Ol29lO15:10 PM 250 95.32 0 0.27 0 10 2a
101291015:15 PM 255 95.35 0 o.32 0 15 17
101291015:20 PM 260 95.31 0 0.35 0 20 1
11t19tO1 Zancanella & Associates, lnc.Well 2 PumpTest
Figure 3
4-Hour Pumping Test - 10l2gl01
Monument Rldge - Well #2 (Lot 2E)
g60
E
oJ
t-oH80
=
loo Time 100,000
min.Q=12gpm 1$A)min. Q = 13gpm
=S.0ft
-.I-I -----I
I--II'I
Zrncardlr & Aroooida, lnc.Wcll 2 PumpTest
Figure 4
Recovery Following 4-Hour Pumping Test - 1Ol29lO1
Monument Ridge Well 2 (Lot 2E)
Recovery as Residual Drawdown
10 100 1,000 10,000 100,000
o
oJ40(,
3
Gfo
E60
elr
#of80
'oE 100
=Eo
120
Zancanelh E Aseochtee, lnc.Well 2 PumpTest
R{:VISED '7 /29/99 Cor act #010531MRHA(a)
Map fD #,s 374-394Date Activated 05/31/Ol
WEST DIVIDE WATER CONSERVAI{CY DISTRICT
W.A,TER ALLOTI\4ENT CO}ITRACT/LEASE
Nanre of Applicant: ment Rldge Homeowners Assn.c/o , Pct er ldci nemSn
0uanlity of Water in Acre Feet:4.90 AF consumptive use
Applicant. hereby applies to the l.lest Divide llater Conservancy District, a political subdivjsion of the Srate
of Colorado, organized pursuant lo and existing by virtue of C.R.S. 1973, 537-45-101. et seo., (here'inafter referred to as
the "District") for an al lofipnt contract/lease to beneficially and perpetually use water or water rights or,med, leased, or
herealter acquired by the D'istrict. By execution of this contract/lease and the attached application, Applicant, hereby agrees
lo lhe following lerms and conditions:
l- Water Riqhts: Applicant shall onn water rights at the point of diversion herein lawfully entitling
.\ppllcant lo divert water. nfiich will be supplemnted and augrented by water leased herern. If Applicant intends to divert
throuqh a'nell, it rnust be understood by Applicant that no right to divert exists until a valid well permit is obtained from
Lne Colorado Divrsion of llater Resources.
2. 0uintitv: Wa[,er applied for by the Applicant in the arpunt set forth above shal] be diverted at
Applicant's point of diversion from the District's direct flol water rights, and when water is unavailable for diversion
pursuant [o adrinistration by Ehe Colorado State Engineer durjng periods when said direct flow water right is not in priority.
r.he Dtstricl shall release for the use of Rpplicant up to said quantity in acre feet per year of storage water orrmed or
con[rolled by the District. It is understood that any quantity allotted fncm direct flow, storage or otheruise. to r.he
'\pplicant. by the District will be limited by the priority of the District's decrees and by the physical and legal availability
,)l water from District's sources. Any quantity allotted will only be provided so long as water is available and lhe Applicant
rully comolies with all of the terms and conditions of this contract/lease. The District and the Applicant necognize lhat
s,ome oi lhe Distrlct's decrees may be in the narp of Lhe Colorado River Hater Conservation District. and the abi'lity of the
Distrtcl [o al'loE direct flow right to the Applicant may be dependent on the consenL of the Colorado River Water Conservat,ion
District. tf at any linp the Applicant determines it r"equires less water than lhe arpunt herein provided. Applicant may so
notlFv l".hb District in writing, and Uhe amount of water allotted under this contract/lease shall be r.educed permanen;y in
accondance wtlh such notice. Rates shall be adjusted accordingly in following water years only.
3. Benefjcial llse and Location of Beneficial tlse: Any and all water allotted Applicant by [he 0istricr
shall be used for l.he following beneficial use or uses: municipal, dospstic and r"elated uses, or connprcial (excepg [o Lhe
ex[enl' l.hat Ruedi Reservoir water may not be available for connercial as that term is defined on Page 5 of Contract No. 2-07-
70-l'10547 bet'6een the United States and the Hest Divide Hater Conservancy District). Applicant's beneficial use of any and
all rater allotted shall be within or through facilit:es or upon land owned, leased. operated, or under Appiicant's control.
4- Oecrees and Deliverv: Exchange reieases made by Ehe District out of storage from Ruedi Reservoir
.'lnd (ireen Mountain Reservoir, or other works or facilities of lhe District, or from other sources available to Ehe District.
r;hall be r.lelivered to lhe Applicant at lhe outlet works of said storage facililies or at the decreed point of diversjon for
sat0 oLher sources. and release or delivery of water at such outlet or points shall constitute perfonnance of the D.istrict's
loLal obligat,ion. Delivery of water by t,he District fron Ruedi Reservoir or Green l.,lountain Reservoir shall be subject to
r.he 0istricu's lease contracts with the United SLates Bureau of Reclamation. Reieases lrom other facilit,r'es available to
District shail be subJect to the contrac. .aws. rules, and regulations govern'ing ne ;s therefrom. Further"more. the
Disrrict trereby expressly neserves the right to store water and to make exchange releases from str"uciures that may be built
or contnolled by the District in lhe future, so long as the water service to lhe Applicant pursuant to lhis agreerent. is
not tmpalr"ed by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end
ot each water year (0ctober'1), shail nevert to the water supplies of the Distrjct. Such neversion shall not entit'le
itopl icanl to any refund of payrnen[ made for such water.
Water service provided by Lhe District shall be limited to the amount of water available in priority at the
criginal point of diversion of the District's applicablewater right. and neither the District. nor those entitled to utilize
Lhe District's decrees. may call on any greater am)unt at nev{ or alternate points of diversion. The Oistrict shall requesl
.,he Colorado Division of t{ater Resources to estimate any conveyance losses beilveen the original point and any alternate point,
and such estimate shall be deducted from this aflDunt in each case.
5. Alternate Point of Diversion and Plan of Ammentationi Decrees for alternate points of diversion
of the District's water rights or storage water may be required in order for Applicant to use the water serv'ice conteflplated
hereunder. Obtaining such decree is the exclusive responsibility of Appiicant. The District neserves the right to reviel
and aoprove any conditrons l*rich may be attached to judicial approval of said alternate point of diversion as contelplated
()r necessary to serve Applicant's facilities or lands. Applicant acknorledges and agrees that it shall be solely responsible {
tor Ehe procedures and legal engineering costs necessary for any changes in water rights contemplated herejn. and further
agrees to indemnify the District frun any costs or losses nelated thereto. Applicant, is solely respons'ible for providing
aorks and faciiities necessary to obtain/divert lhe waters at said alternate point of diversion and deliver them to
Applrcant's rntended beneficial use. Irrespective of the afiDunt of water actually transferred to the Applicant's point i)r
diversron the Applicant shall make annual payrents to the Distrjct based upon the arount of water allotted under Lhis
contract/ I ease .
In bhe event the Applicant jntends to apply for an alternate point of diversion and to develop an
augmentation plan and jnstituEe Iegal proceedings for the approval of such aug[pntatjon plan to al]ow the Applicant lo utilize
Lhe,rater allotted tqApplicant hereunder, the Applicant shall give the District written not'ice of such intent. In the event
the Applicant, clevelops and adjudicates its ormr augrentation plan to ut'ilize the water allotted her€under, Applicant shall
not be obligated to pay any amount under Paragraph 19 below. In any event. the District shall have the right lo approve or
rlisapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all
pleadings and other papers filed with the water court in the adiudication thereof.
6. Contract/lease PavrEnt: Non-refundable. one tirne administrative charge. tn the amunt deteflnined
by the Boaro oflDirectors of the District frcm tine to time. shail be submitted with the application for consideration by
r.he Di strr ct,
Annual payrent for the water service described herein snail be detennined by lhe Board of Directors of the
Distr.ict. The jnitial annual payment shall be made in full. w.ithin thirty (30) days after ihe date of notice [o the Applicant
;.har, lhe iniLial payrpnt is due. Said notice will advise the Applicant, annng oLher things, of [he water de]ivery year Lo
ahich the initial payrEnt shall apply and the price which is appljcable Uo lhat year.
;\nnual payrnents fon each year thereafter shall be due and payable by the Applicant on or before each
,lanuary l. if an annual payrent js not made by Lhe due date a flat t50 late fee wil l be assessed. Final written not.ice prtor
i.o cancellation w.ill be sent certified mail. return receipt, r"equested. to the Applicant, at such address as may be designated
Dy ihe Appllcanl in writing or set forth in lhrs contract/lease or application. Water use for any part of a water,vear shall
require payrnent, for the enLire water year. Nothing here'in shall be construed so as to prevent the District from adjusting
the annual nate in ils sole discretion for future years only.
If payrpnt is not made within fifteen (15) days after Lhe dale of said written notice. Applicant shall aE
District's sole option have no further night, title or interest under [his contract/lease without further notice, and delivery
may be iafiBdiately curtailed. The alloUw water, as herein made, may be transferre
at the discrbtion of the Board of 0irectors of the District.
ased, or othenrise disposed of
Upon cancellation of this'amter allotment contract/lease wjth Ehe Distrlct. the Districl shall notify the
Division of liater Resources offices in Denver and Glenrcod Springs. Ihe Divislon of l,/ater Resources may then order cessation
cf all 'nater use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incumed by the District, in
conneclion wilh the allotmnt of water rights hereunder. including, but not limited to. reirbursement of legal and engineering
cos[s lncurred in connection with any water rights and adjudication necessary lo a]low Applicant's use of such allotted water
rignts.
8. Assiqnmnt: This contract/lease shall inure to the benefit of tlle heirs. successors or assigns oi
the parties hereto. Any assignrent of the Applicant's rights under this contract/lease shall be subiect to. and must co{tply
,rjth, such requirerents as the Districl may hereafter adopt regarding assignmnt of contract/lease rights and the asst4t'ion
of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors t0 a portion or
Applicant's property frtrn applying to Lhe 0istrict for individual and separate allotrent contracts/leases. No assignnnnt
:hall be r^ecogn'i zed by the Ojstrict except upon conpletion and filing of proper forms for change of otrmership.
Upon the sale of lhe real property to rntrich this contract/lease pertains, Applicant has a duty !o make buyer
nware 0r lhjs contract,/lease and proper forms for change of ownership must be corpleted.
9. Other Rules: Applicant shail be bournd by the prtvisions of the i{ater Conservancy Act of Colorado:
ly the nules and regulations of the Board of Oirectors of the District: and all amendmnts thereof and supplements thereEo
rnd by all other.applicable law.
10. ooeration and Maintenance AoreenBnt: Applicant shall enter jnto an '0peration and Haintenance
AgreerEnt'with the District r.nder terms and conditions Gterrnrned by the board of Oirectors of the District. if and',dten.
ihe Board of said 0istrict determines in its sciie discretion that such an agreerEnt is required. Said agreenent may contaln.
but shall not be limited to. pruvisions for add'itional annual mnetary consideration for extension of District delivery
servtces and for addit'ional adn'inistration, operat'ion, and maintenance costs: or for other costs lo Uhe District',ftich may
arlse thrcugh services made avaiiable lo the Applicant.
,11. Chanqe of Use: The oistrict reserves the exclusive right to revieu. reappmve or disapprove any
proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of
the,racer or watelnrghts allotted hereunder without the prior written approval of the Djstrict shall be deemed co be a
materral breach of this conf,ract/lease.
L2. iJse and Place of ljse: Applicant agrees Eo use [he water in Ehe manner and on the propenty describeo
in r:he oocr.rEn[s submltted to the District at lhe tinB this contract/lease is executed. or in any operation and maintenance
agree{rEnr provided by Applicant. Any use o[her than as set forth thereon or any lease or sale of the water oildater rlgnts
nereln. other lhan as permitted in paragraph I above. shall be deeflEd lo be a materiai breach of thjs agresnent.
13.
any eQuitable or legal
l4
fitle: It is understood and agreed lhat nothing herein shall be interpreted [o give the Applicant,
fee Ljtle interest in or to any water oldater righ[s neferred lo herein.
Conservation:. Appl icant shal I use connnniy accepted conservation practices with respect lo [he ,"vater
nnd ',iater rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use
of 0istrrct ohned or controlled water or water rights.
15. Restrictions: Applicant shall restrict actual d'iversions to not exceed the Contract/Lease arpunt,
,fiich prov'ides.,a,ater (on the fonnula of one acre foot per d,velling) for ordinary household purposes inside one single family
dwe I 1 i nq. lhg wateri ng of 6nresti c I i vestu
qaJ"dbn
fire protection, and the innigation of up -u 6,000 square feet of lawn and
Applicant shall also comply with all restrictions and limitations set forth in the uell permit obtained from
[he (]olorado Divrsion of l,later Resources.
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for cormerciat
purposes unless Applicant obtains approval from the Colorado Divjsion of Hater Resources for connercial use/livestock watering
aL a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this
Conlract,i Lease.
Violation of this paragraph 15 shall be deenred to be a material breach of this Cont,ract/Lease.
16. Hel l Permit: If Appl'icant intends to divert through a well, then Appl icant must provide to District
a copy of Applicant's valid rnell permit before 0istrict is obligated to deliver any water hereunder.
17. Measurino Device or Meter: Applicant agrees to provide, at its own expense, a total'izing flow meterrilh rerpte neadout [o continmusly and accurate]y measure at ali times all water diverted pursuant to the terms of
Applicant's water right and the terms of this contract/lease. App'licant agrees to provide accurate readings frorn such device
or flleter to Dist'rict upon District's request. Applicant acknolledges that failure to conpiy w'ith this paragraph could result
in legai action to terminate Applicant's diversion of water by the State of Colorado Div'is'ion of l,later Resources. By signing
r-.hts concract, Appl icant hereby speclfically allows District, through its authorized agent,, to enter upon applicant's property
curtng ordinary business hours for the purposes of determ'ining applicant's actual use of water.
1.8 Reoresentations: By executing this contract/lease, Applicant agrees that jt is not relying on any
iegal or engineering;advicethat Applicant may believe has been neceived from the District. Applicant further acknowledges
lhat it has obtained all necessary legal and engineering advice from Applicant's oh,t'l sources other fhan the District.
Applicant further acknoyledges that the District makes no guarantees. warranties, or assurances vihatsoever about the guant1ty
'lr quality of water avai lable pursuant to this contract/lease. Should the District be unable to provide the water contracted
lor herein, no damages may be assessed against lhe District. nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filino and Auorpntation Plan: Should the District. in its own discreLion.
choose lo include Applicant's contract/lease herein in a water court filing for alternate point of divers.ion or plan of
auqrnenla[ion', then Applicant hereby agrees to pay to the District, when assessed. an additional fee nepresenting the
ilistrict s actual"and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-
ra[a share of the total cost incumed bv the District in preparing, filing and pursuing to decree the water court case. The
pro-rata share shall be calculated by dividing such total cost by the nurber of contractees/lessees included in the filing.
io [he extent Lhat l.he Djstrict is caused additional costs because of object'ion fjled specifica]ly due to the inclusion of
r\pplicant's contract/lease in the filing. such additional costs may be charged specifically to Applicant and noL shared on
,t Dro-nata basis by all contractees/lessees.
20. Bindinq AqreerEnt: This agreercnt shall not be corplete nor binding upon the District unless
attached heneuo is the form ent'itled'Appiication and Data Form to Lease ldater From I'lest Divide [,later Conservancy District"
iully completed by Rpplicant and approved by the District's engineer. Said attachrpnts shall by this neference thereto be
lncorDoraled into the terms of this agreercnt. AlI correspondence from the oistrict loApplicant r.eferring toor relating
lo [hls agreement is by this reference incorporated into this agreerent as further terms and conditions of this agreemeni.
2L. WATNiNq: IT IS THE SOLE RESPONSIBILITY OF IHE APPLICANT TO OBTAIN A VALID I{ELL PER}IIT OR OTHER HATER
RIGHT iN ORDER IO DIVERT HATER, INCLUDING THE I,IATER ACQUIRED UNDER THIS CONTMCT/LEASE. IT IS THE CONTINUING DUTY OF THE
APPLICANT TO MAINTAIN THE VALIDITY OF THE lllELI PERI{IT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERI4ITS, FILING WEI.L
COMPLETION REPORTS. FILII,IG STATEilENTS OF BENEFICIAL USE. OR OTHERWISE I.A}'FULLY APPLYING IHE HATER TO BENEFICIAL USE ON A
REGULAR EASIS WITHOUT WASTE.
AREA B. C0NTRACI.. --ASES: IF APPLICANT's wELL 0R oTHER ltATER ,..,iHT THAT IS THE suBJECT 0F THIS
'QNTMCT/I-EASE
IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT. IHEN THIS PARAGMPH APPLIES: THE AUG},iENTATION I.IATER
PROVIDED BY THE DISTRICT UNDER THIS CONTMCT l',lAY ONT.Y PROTECT APPLICANT'S I,IATER RIGHT FROM A CALL ON THE COLORADO RIVER ANI)
MY NOT PROTECT APPLICANT FROM A CALL FROU ANY OTHER SENIOR RIGHT. NO REPRESENIATiON OTHERI.IISE IS MOE BY THE DISTRICI.
tF THIS IS A CONCERN IO APPLICANT, THIS CONTMCT/LEASE HAY BE RESCINDED UPON I,IRITTEN NOTiCE OELIVERED TO THE DISTRICT BY THT
APPLICANT !,JITHIN THE NEXI 30 DAYS FOLLOI.IING THE AFFIXING OF SIGMTURES ON THIS CONTMCT/LS}SE IN I,IHICH EVENT ALL SUMS PAID
BY APPLICANT FOR THIS CONTRACT/LEASE SMLL BE IMI4EDIATELY REFUNOED TO APPLICANT.
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss.
)
't lhe foregoing instrwpnt was acknowledged before rre on thisl/t-ref, /l errrt€tq^^J
/4T{, "tTln r(q-H
goo I
,t$,by
l{itness my hand and official seal.
My cormission expires:10-rl -o4
-
After a hearing by the Board otf Directors of the West Divide liater Conservancy District on the application,it is hereby 0RDERED that said application be granted and th'is contract/lease shall be and is accepted by lhe District.
A'i.TEST:
{/=r/.r
Secretary Date
This contract/lease includes and is subject to the terms and conditions of the following documents which must
accorpany lhis contract/iease:
Map showing location of point of diversion (use map provided)
2. Application and Data Form fuily corpleted and signerl
3.
My Commission Expires JuneffibG
Presi dent
Form No.
GWS.25
APPLICANT
OFFICE OF THE S .TE ENGINEER
CQLORADO DtVtStON OF WATER RESOURCES
818 Centennial Bldg., '1313 Sherman St., Denver, Coloiado 80203
(30s) 866-3581
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORR|SON, CO 80465-
(303) 6e7-0678
WELL PERMTT NUMBER 05tis66 _.E_
MDDIV. 5 WD45 DES. BASIN
E2 Block: Filing: Subdiv: MONUMENT RTDGE
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION LINES
650 Ft. from South Section Line
450 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:TO CON
ISSUANCE OF THIS PERMIT DOES NOT CONFER, A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use of
this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELL #2.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
reouest'
,f",D ? -$-ol
/, - /T\YMUzaZ{^
EXPTRAToN DArE OCI 0 I )t
Form No.
GWS.25
APPLICANT
OFFIGE OF THE S TE ENGINEER
COLORADO DIVISIUN OF WATER RESOURCES
818 Centennial Bldg., 13'13 Sherman St., Denver, Colorado 80203
(303) 866-3581 '1095
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORR|SON, CO 80465-
(303) 6e7-0678
APPROVED WELL LOCATION
GARFIELD COL'NTY
SW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION LINES
300 Ft. from South Section Line
300 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMIT NUMBER
DIV. 5 WD45
056582
DES. BASIN MD
Lot E3 Block: Filing: Subdiv: MONUMENT RIDGE
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 2,500 sguare feet of gardens and lawns, and the watering of two head of livestock. All use of
this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELL #18.
The maimum pumping rate of this well shall not exceed 15 GPM.
The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
reouesr p ?_at_ot
5)
6)
7)
8)
e)
t No.0474767R cI 0 1 2001
Form No.
GWS.25
APPLICANT
OFFICE OF THE T .TE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(3C3) 866-3581
WELL PERMIT NUMBER
DIV. 5 WD 45 DES. BASIN MD
.tr
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRTSON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION LINES
1000 Ft. from South Section Line
420 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
E1 Block: Filing: Subdiv: MONUMENT RIDGE
PERMIT CTA
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an altemate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use of
this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELL #19.
5) The rnaximum pumping rate of this well shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
7\ The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
8) This well shall be constructed not more than 200 feet from the location specified on this permit.
9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request' )b r x-o t
APPROVED
JD2
Receipt No.04747675
, Colorado Department ublic Health and Environment - L iing Water Section
Reporting form flor NitrateAlitrite as Nitroeen analyses
Sampler: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOIIRCE/PLAIiT OR
COMPOSITE SET
YES t] oT NO [X TTIESE RESULTS ARE TO BE USED TO FULFILL STATE SA]VTPLING
REQUIREMENTS
DATE COLLECTED: 10129 l0LPWSID #: N/A COUNTY: Garfield
S YSTEIvI/ES TABLISHMENT NAIvIE : Monument Rid ge S ubdivi sio n
SYSTEIWADDRESS: c/o Zancanella & Assoc.. 1005 Cooper Glenwood Springs
Ave. clrY
STREETADDRESS/PO BOX
CONTACT PERSON: Brad Peek
sAivPLE COLLECTED BY: Jeremy Castle
WATER TYPE: RAw [X]
sorIRCE(S):
Monument Ridge Well#2
@ 81601
STATE ZIP
PHONE: (970\945-5700
TIME COLLECTED: 4:00pm
crrLoRrNATED []
LOCATTON(S):
County Road 300
orHER TREATI\4ENT []
SAiIIPLE POINT(S):
Wellhead
DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [] OR NO [X]
For Laboratorv Use Onlv Below This Line
LABORATORY SAI\4PLE #: 0l-5921-01
LABORATORY NAME: Everereen Analytical Laboratory
DATE RECEIVED IN LABORATORY: 10/10/01
COMMENTS:
CLIENT NAME OR ID#: Monument Ridge
LAB PHONE: (303) a25-6021
DATE AIIALYZED: 10/30/01
PARAMETER RESULT (mdl)MCL (mdl)EPA METHOD LAB MDL (me/L)
NITRATE/NITRITE.N NT 10.0 300.0 0.25
MTRATE.N t.45 100 300.0 0.056
MTRITE-N NT t.0 300.0 0.076
NT = Not Tested for compound.
mgL = rnilligrarns per Liter.
MCL = lvlaxirnun Contarnirnnt Level.
LAB MDL = Laboratory Method Detection Limit.
H = Holding Tirne lus been exceeded.
BDL = Below Detection Limit
,/]\D
Reviswed rnd approved bY itle
MAIL RES(ILTS T0: Colorado Department of Public Health and Environment, WQCD-DW-B2. 4300 Cherry Creek Drive Souttr. Denver, CO, 80222.1530
STREETADORESS/PO 8OX
CONTACT PERSON: Brad Peek
SAMPLE COLLECTED BY: Jenemv Castle
WATER TY?E: RAW txl
SOTIRCE(S):
MonumentRidee Well #2
Colorado Departn, .f Public llealth and Environment - Drinl
. Reporting form for Corrosivitv analyses
Glenwood Sprines
crY
PHONE: (970) 945-5700
TIIVIE COLLECTED :,t:00pm
CHLORINATED []
LOCATION(S):
Counw Road 300
Sampler: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCEIPLANT OR COMPOSITE SET
YES I] oT NO [XI THESE RESI]LTS ARE TO BE USED TO FT,LFILL STATE SAMPLING REQUIREMENTS
COUNfi: Garfield DATE COLLECTED : IOI29 IOI
ilater Section
OTI{ER TREATMENT I
stu\{PLE POINT(S):
Wellhead
PWSID #: N/A
SYSTEIvI/ESTABLISHMENT NAIvIE: Momunent Ridse Subdivision
SYSTEId/ADDRESS: c/o Zancanella & Assoc.. 1005 Cooper Ave.co 81601
STATE AP
Use Onlv Below This Line
LABORATORY SAMPLE #: 0 l-5921-0 I
LABORATORY NAME: Everereen Analvtical Laboratorv
DATE RECEiliED IN LABORATORY: 10/30/0 I
COMMENTS:
CLIENT NAI\4E OR ID#: Monurnent Ridse
LAB PHONE: G03\ 4254021
DATE ANALYZED: 10/30/01 - ll/6/0t
PARAMETER RESIILT (me/L)MCL (me/L)EPA METHOI)I"AB MDL (ms/L)
LANGLIER INDEX NT ;**tt SM 23308 N/A
CALCIIIM CARBONATE 87 N/A 200.8 0.34
DISSOLVED SOLIDS 435 N/A SM 2540C 10.0
pH 7.81 N/A 150. I N/A
TOTAL ALKALiNITY 308 N/A SM 23208 5.0
TEMPERATURE 20'c N/A
NT = Not Tested for compound.
mglL = rnilligrarns per Liter.
MCL = lvlaximuur Contarninant Level.
LAB MDL = Laboratory Method Detection Liuut.
*'r'r = [f lmgglier Index is a rtegative nrunber. rvater is corrosive.
If Langelier Index is zero. water is balanced.
If Langelier Index is a positive uunber. rvater is scale fonning.
:iEc-if^.j
Rcviewed and approved by Title
H = Holding Time lns been exceeded.
BDL = Belorv Detectron Lirrut.
N/A = Not applicable.
MAIL RESI,LTS TO: Colorado Department olPublic Health and EnvironmenL WQCD-DW-B2..1300 Cherry Crcek Drive South" Denver. CO. 80222-1530
. Colorado Departn, ,f Public Hedth and Environment - Drin. Water Section
Reporting form for Orieinal. Phase II. V Inorsanic analyses
Sampler: PLEASE FILL OUT ONE FORM - FOR EACH INDMDUAL SOURCE/PLANT OR COMPOSIE SET
YnS I or NO [E TI{ESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQITIREMEIf|S
PWSID #: N/A COUNTY: Grafield
SYSTEIvI/ESTABLISHMENT NAME: Monurnent Ridee Subdivision
SYSTEIWADDRESS: c/o Zancanella & Assoc.. 1005 Coooer Ave.
SIREETADDRESVPO BOX
DATE COLLECTED : 10129 lOL
Glenwood Sgrines CO 81601
CTTY STATE ZtrP
CONTACT PERSON: Brad Peek
SAIvIPLE COLLECTED BY: Jeremv Castle
WATER TY?E: RAW tE
souRCE(s):
MonumentRidse Well #2
PHONE: (970) 945-5700
TIIvIE COLLECTED : 4:00pm
CHLORTNATED I
LOCAfiON(S):
Counw Road 300
oTHERIREATITENT I
SAMPLE POINT(S):
Wellhead
DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES U OR NO tE
For Laboratont Use Onlv Below This Line
LABORATORY SAIvIPLE #: 0 l -592 l-0 I
LABORATORY NAME: Everereen Analvtical Laboratorv
DA1E RECEMD IN LABORATORY: 10/30/0 I
COMIvIENTS:
CLIENT NAIVIE OR ID#: \4qnument Ri4g9
LAB PHONE: (303) 425{021
DATE ANALYZED: 10/30/01 - ll/6/01
PARAMElER RESULT (me/L)MCL (me/L)EPA MEIEOI)LAB MDL 6slL\
ANTMONY NT 0.006 200.8 0.002
ARSEMC BDL 0.05 200.8 0.01
BARITIM 0.052 2.0 200.8 0.2
BERYLLII]M NT 0.004 200.8 0.00I
CADMIUM BDL 0.005 200.8 0.001
CI{ROMIUM BDL 0.I 200.8 0.02
COPPER BDL 1.3'r,200.8 0.t
CYANIDE NT 0.2 SM45OO.CN E 0.01
FLUORIDE 0.62 4.0 SM45OO.F C 0.4
LEAD BDL 0.015,r,200.8 0.005
MERCURY BDL 0.002 245.1 0.0002
NICKEL NT 0.1 200.8 0.02
SELENIUM BDL 0.05 200.8 0.0 r
SODIUM 92 **200.8 I
SULFATE 60.5 500.0*1,i00.0 0.5
TIIALLIUM NT 0.002 200.8 0.00t
NT = Not Tested for compound
nglL = rmlligrarns per Liter
MCL = Iv{axirnurn Contarninant Level
LAB MDL = Laboratory Method Detection Lirnit
C-l %\
Reviewcd and approved by
H = Holding Time lus been exceeded
BDL = Below Detecuon Lirnit
{' = Not an MCL. "Action Level"
** = Not an MCL. -Monitoring Requirement Only"
MAIL RES[,LTS TO: Colorado Department oiPublic Health and Environment WQCD-DW-B2.4300 Cheiry Creek Drivc South. Denver. CO. 80222-1530
IIBORATORY & BAOI^TION SERVICES
81OO LO,VRY EOULBr'ABO
oENVER, CO 80230-6928
US MAIL
PO BOX 17123
oENVER. CO 80217
30 0l
*,a1,4
q0
INFORiIATION:COMMUNITY IJ NON€OMMUNITY IXI PRVATE
Elnrw E REperr ron nrE MoNTH oF
E specrupunpose E alrsxeo
ORDEBED BY: (seuple uev Nor BE TEsTED lF Au- tNFoRrvtAnoN ts Nor pRonDED)
@?o) q4t'-.f7oo
PHONE
rEsroFoERED E[smaAcr
OATE TIME 8Y
coveqeo ,i,/B/o I +:*EX.lr';,"'
RE.E"ED / /
--E;-RESULTS: sEE RB/ERsE Fon o(ptl{AloN
TorALcouFoRM Dr"esenr ffi*,
U
ITOSTPROE/ABLE ilo.-courc$/tqilLFEE STAI/P
B, ll
u8 106 (07/9a
Table 1 Monument Ridge Homeowners Association
Estimated Water Requirements
' Water
of Cciinmercial Units
2500 sq{Uunit
70%
20.0 units# of Residences
# persons/residence
# gallons/person/day
Percent Consumed
Lawn lrrigation
Application Efficiency
# persons/unit
# gallons/person/day
Percent Consumed
Lawn lrrigation
Application Efliciency
Total
(ac-ft)
0.0 *
3.5
100 gpcd
1iYo
250P sqJUunit
7Oo/o
Pond Surface Area
Annual Net Evaporation
Liveslock @ 1Sgal/day
# gallons/daylunit
lrrigated Open Space
Application Efficiency
crgp_lrrls r9ss4 (q!BL
0.00 acres
2.91 tl
2.00 units
15.00 gallons
0.00 acres
70o/o
2.27 ttlrrig reqmnt (ClR)
(3)
Domestic Commerclal Dom\Comm Open Space Llvestock
tn-house ln-house lrrigation lrrigation
(ac-ft) (ac-ft)(ac-ft) (ac-ft) (ac-ft)
(10)(1 1)(12)
Domestlc Commercial Dom\Comm Open Space Livestock
ln-house ln-house lrrigatlon lrrigallon
(7)(4)
January
February
March
April
May
June
July
August
September
October
November
December
Annual
0.666
0.601
0.666
0.644
0.666
0.644
0 666
0.666
0.644
0.666
0.644
0.666
0.00
0.00
0.00
0.00
o.00
0.00
0.00
0.00
0.00
0.00
0.00
o.00
0.00
0.00
0.00
0.31
0.51
0.75
0.80
0.69
0.48
0.18
0.00
0.o0
3-72
0.40
0.00
0.00
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.057
0.052
0.057
0.055
0.057
0.055
0.057
0.057
0.055
0.057
0.055
0.057
0.67
0.72
0.65
o.72
1.01
1-23
1.45
1.53
1.41
1.18
0.90
0.70
0.72
5.3
5.3
5.3
7.6
9.0
11.0
't1.'t
10.3
8.9
6.6
5.3
5.3
0.100
0.090
0.100
0.097
0.100
0.097
0.100
0.100
0.097
0.100
0.097
0.100
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
000
0.00
0.00
0.00
o.22
0.36
0.53
056
0.48
0.33
0.13
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.06
0.05
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.67
0.16
0.14
0.16
0.37
0.51
0.68
o.72
0.54
0.48
0.28
0.15
0.16
Flow
(spm)
(1 3)
Total
(141
Average
Flow
(qPTI
't.1
1.1
't.'l
2.8
3.7
5.1
5.3
4.7
3.7
12.23 1.57 2.75
Water Use Calculations
05/10/01 ZANCANELLA & ASSOCIATES, lnc.eqruse west div.123
TABLE 3 - MonumentRidge Homeowners Association
Iotal Consumptive Use
(l) Total consumptive use for subdivision.
(2) 10% transit loss.
(3) Subdivision CU + transit losses.= (1) + (2)
Transit Loss ll Total CU
0.48 lOo/o
10/o0.28
0.15 1Oo/o
May ,i 0.51 i 10o/o
05t10101 ZANCANELI-A & ASSOCIATES, lnc.eqruse west div.123
/
Table 2 - Monument Ridge Eomeowuers Association Wells
Township 7 South, Range 95 West of the 6'h PM
#Well #Proposed lot
Acreage
Distance &om Section
Line
Quarter/Quarter Section
rt I l2.E ^aooFSL 7oo'FEL SE SE r8
I az 2 L.14..65a Pg1 45o FWu svSul ti
5 3 tr4a 38OFSL 34OFEL SE SE l8'
I 4 ll.7l.' acres l4OFSL 32OFEL NB NB t9
b 5 13.oSacres 620FNL 9IOFEL NE NE t9
a 6 7. o$ acres 74OFNL 29OFEL NE NE l9
7 7 lo.3l aslsg 11IO FNL 8OO FEL NE NE t9
II 8 o.62 acres Z"7OF}'ILt2aolTI SE NE 19
9 7.OQ acres I5O FNL ?6OF!dT-Nw Nb/tuzo
IZ l0 t2.56 acres 2O3OFNL SOOFEL SE NE l9
tb 1l 14.lZacres EIOOTNL 33GFEL SE NE r9
\4 r2 llJI acres 2030 FNL 225 FWL sw l.tlv 20
t5 l3 1 ll.86 :cres 2zOOFNL 775 FWL sw Inv 20
t7 l4 7,2b acres 1570 FNL 975 FUrL sw }rw 20
l(,l5 8.73 acres Zooo. FNL ltoo FWL sw bnil 20
lo r6 6-26xres 1030 FNL 330 FWL I.nil tS*,20
9 t7 6.ol'acres 600 FNL 320 FWL I\fW bnM 20
a5 tl8 'C.li acres 3OO FSL 3OO FWL SW SW t7
et r9 6.15 acres 1000 FSL 420 FWL sw sw t7
Z zo ',12;5q "rrc SOOFSL 4OOFEL SE SE r8
l5 gpm per well
\\Frecl\z&a jo0s\21000\2't E02 Monument Rldge Sub\welltable.u4d
Lo'r B I
'Jailii6r.roJ 5.f.C.lt laHr,
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="'=:1:u.'S.\l'i;g,i=*' *r**-
Drvrle Ca'tlc6at /
frg..c.ntat,b"r Pla't
@ = ,,eilVo"Aion
hrlh i3 a .l.l,a,,*,e,
Lq U""t D,lidl
l*) ,"rt IEn',i":;h;;,. T,i+r on
Wes+ Divrile Co'rhr.t
,ghiah u,ll y16 lorrg..be oy-d
LO? II
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ttt7,?7t 1.r:c c2 Acnttb
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tqrla3.t,t?: 3.r.tr.t, Aatti
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6.tJ
^Cr{LtLoA jE
uoT .5
r..llii'tt..I,.ct ^i(ts I
,*rfbt6c,0;i stlJ.c, Acn(t
**6
JJl.72r S.t.,.il
^crq!Lofa|
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Lpr tilrt,n s.t.6:e ^C{(sLaf to
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LoFr leox25.r..Jr* t r.
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J6t,129 3.r.:2.rt A/:xtt
LaT l+
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Lc.L..r.,Jrt.j'it J.,."x;l
Form No.
GWS-25
APPLICANT
OFFIGE OF THE STATE ENGINEER
.c,'g!r"o"mPP,PJytP,tP.tSI.WAIRB.SESoURGES
(303) 866-3sE1
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
o/o HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRISON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATTON
GARFIELD COUNTYSW 114 SW 1t4 Section 17
Township 7 S Range 95 W Sixth p.M.
prsTANcES FROM SEq[tON LINES
1000 Ft. from South Section Line
420 Ft. from West Section Line
UTM COORDINATES
WELL PERMIT NUMBER
DIV. 5 WD45
Northing:Easting:
1)
2)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or jreclude another owner of a vestedwater right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the water well Construction Rules 2 CcR 402-2, unless approvalof a variance has been granted by the State Board of Examiners of water Well Construction and pump lnstallation
Contractors in accordance with Rule 19.
Approved pursuant to cRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the ColoradoRiver, as an alternate point of diversion to the Avalanche canal and siphon, on the condition that the well shall be operatedonly when the West Divide Water Conservancy Districfs substitute water supply plan, approved by the State Engineer, is ineffect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for therelease of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. ryDWCD
contract #01 0531 MRHA(a).
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, theirrigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use ofthis well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known asMONUMENT RIDGE WELL #19.
The maximum pumping rate of this wefl shall not exceed 15 GpM.
The average annual amount of ground water to be appropriated shal! not axceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court casenumber(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good'working order. permanent records of alldiversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer uponrequest' )b I - ;f=-o 1
4)
5)
6)
7t
8)
e)
ExPrnnroN DArE OCf 0 I ?
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
^C. QLO RAD O .D_IYI S ! ON -O F WATE R RESO U RC ES818 Centenniat Bldg., 1313 Sherman St., Denver, CotoraOo gb2O3
(303) 86&3s81
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORR|SON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth P.M.
prsTANcES FROM SEqtON LTNES
650 Ft. from South
450 Ft. from West
UTM COORDINATES
Northing:
Section Line
Section Line
WELL PERMIT NUMBER 0565
DIV.5 !VD45 DES. BASIN
.r
nlo- -
Easting:
1)
2')
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another.owner of a vested
water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37'90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an altemate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the Strate Engineer, is in
effect' and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement watpr from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #0 1 0531 IvIRHA(a).
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use of
this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELLfr2.
The maximum pumping rate of this weil shali not exceed 1S GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.6,1 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the tocation specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submifted to the Division Engineer upon
recuesr
,f..D ? _g-ol
4)
5)
6)
7)
8)
e)
APPROVED
JDz
ReceiPt No.04747678 DATE ISSUED TYPIEIATiI^lN NATtr 0crnr xBy
Form No.
GWS.25
APPLICANT
OFFICE OF THE STATE ENGINEER
g.QLORADO DIVISION _OF WATER RESOURGES818 Centennial Btdg.;1313 Sherman SL, Denver, ColoraOo AO2OS
(303) 86e3s81
nabruuueruT RIDGE HoMEoWNERS ASSoCIATIoN
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRISON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth P.M.
DISTANCES FROM SECTJON LINES
300 Ft. from South 'Section Line
300 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMIT NUMBER
DIV. 5 WD45
o.56582
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
1)
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to eisting water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River' as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. WDWCD
contract #01 0531 tulRHA(a).
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. Atl use of
this wellwill be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELL #18.
The maximum pumping rate of this well shall not exceed 1S GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
reouest' ;[D ?.at-ot
2)
3)
4)
s)
6)
7l
8)
e)
APPROVEO
JDz
State Engineer
Receiot No.0474767R DATE TSSUED cI 0 r 200t
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WATER REPORT
MONUMENT RIDGE SUBDIVISION
The Monument Ridge Subdivlgry!!! be served by individual water wells. The individual
water demand of the subdivision will be typical of a single-family residential community. Each
single-family lot can be expected to demand approximately 420 gallons/day based on a 3.5
persons/residence occupancy rate. Individual lot owners will be responsible for well drilling,
water treatment and maintenance.
The option of a central water system was considered as an altemative, and the Battlement Mesa
Metropolitan Distict was contacted for conditions to tie into their system. The district indicated
their policy is that inclusions to their system would not be allowed. We have attached a copy of
the letter from the Battlement Mesa Metropolitan District. With the minimal density of the
project it is not feasible to construct a separate system.
We are proposing in the protective covenants that each individual lot be required to install a fire
protection system conforming to NFPA l23l Standard on Water Supplies for Suburban and
Rural Fire Fighting. The Standard requires residents to provide a quantity of water based on the
cubic feet and type of building constructed on the individual lot. Natural bodies of water or
constructed sources of water may be used as fire protection water. Typically this would be a
buried or above ground storage tank, a pond, or irrigation ditch. It is recommended that the
residents consult the local Fire Chief for acceptable types, sizes, and availability of water for
emergency use. Alternatively the fire chief may allow in lieu of on-site water, an automatic fire
sprinkler system conforming to NFPA l3D in the residence, with water storage likely located in
the mechanical room for this use. The sprinkler systems should provide suppression of a fire
before emergency vehicles would arrive on the scene.
Irrigation water will also be available on site and will be delivered via existing irrigation ditches
that are located on the property.
Auached with this application are well reports and pump test data, which indicates productive
wells adjacent to the property, which is a good indicator that wells in this area, would be
similar.
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Deu Mr. Heineman:
Thank you for your tetter of Maroh 5.
:
The lo.ng*tardiru policy of the Battlomod Mess Mctropotiun Distritt is thEt no inchrsions willbn authorized' Although the policy hns nor uc* *ritlt&r.hG last ccveral years, thero b aoriason to believe ,ht ll,: ptltl t-ras crrangod. mu onry iGr arrr*ao;;ifiEirioa policytlcuse! on ability of District's int**rnlro to ,*rr-. g*Girro,nn of propotry rh"n eu'cntlycbmrnitted for service. I reporred to the Board that I bcEvJ tut tlo scrvice arca shonld uot beexpanded as th3 cost to incrcase water and sewor pr.nr ."poithr *.r piotili1rr.lira *", or,. ofseveralexpensive problems to bc rcsolved..
BA',nt FtrEm.L{ m' MErdFau ffifi. Digrfr eT-
'r.:..:i' : ....'.
,
:; ..: ..
Ferer Heineman president
Eoothills Lurd & Divelopment; Inc
19423 N. Turkey Creek itord,'Suiie g
- Morrison, CO 80465
March 8,2001
Rc: Inchsion
Vcrytuly yours,
{Ya*,J,aR Brrrcc Sdt[
District [,Iaaager
cc: Board of Directors
!
:
:
P.o. Box 6il6. BA'ITLEMF.NT I|rFsA. co u636 . (3o3) 2s$90r0
132 20 NW NW 20 7 95
145 110 NE NW ?0 7 9b
185 90 sw sE 17 7 e5
200 i2o NE NE 20 7 95
1@ 94SE sw 17 7 #
r8e 132 SE ilE 17 7 95
- 95 66NW SW r8 7 es
1?o 6' sw sw 17 ' 95
zJ1NENEl?795
zao ,r8o NE NE 17 z 95
1?O 72 NW SW 17 7 99
08:42A
: l'.1 '.
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P.O2
Coutay ol SI{ELTON ORlLLlrtaG CORP.
P O Bor 1o99
Baralt, Co 8162t
(970) 927"01E?
?Flllrl ilafg uELn
* 17521. GARONER ALEERT 1I
r( 00t80 rrARTlN OEtl-A 10
.X S2C2O PATTON EARL E E MAXIi 15
rC S'87€ PAYTON WAYITE TALBEI 10
a0161. RwETLIBARBARA LOU ls
119649 SAVAGE JOHN W 5
5517 TUCKERCARLO 30
21t9'6 WEHR GANT tEN^ E$YA IO
16755 WINTER ALVIH R Ig
169273 WINTER ALVIN R t3
* z6zaI YATER ALEX & BRENOA 10
alflulEyEtqlBl0orRlc0 lEg IlIl EtrG
Yo+.. 3.op.rl1 is bond<ri^1 |t. norllre(alF s5/ilGr ol *{o peolou4 lo{s.
t( Nr,i.1h\"n."1 p*f.rh e:,.1/..re,lls .
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Ih[DIVIDUAL SEPTIC DISSPOSAL SYSTEM PLAN
MONT,MENT RIDGE ST]BDIVISION
The Battlement Mesa Metropolitan DisEict was contacted for conditions to tie into their system.
The district indicated their policy is that inclusions to their system would not be allowed. We
have attached a copy of the letter from the Battlement Mesa Metropolitan District. The letter is
attached for reference.
The Monument Ridge SuMivision will be served by Individual Sewage Disposal Systems
(ISDS). The sewage generated by the subdivision will be typical of a single-family residential
community. Each single-family lot can be expected to generate approximately 350 gallons/day
based on a 3.5 persons/residence occupancy rate. Individual lot owners will be responsible for
the instaltation of an ISDS designed by a registered professional engineer in the State of
Colorado. Maintenance of each system will be the responsibility of the individual lot owner and
as outlined in the protective covenants of the subdivision.
ISDS are appropriate for this area based on state criteria and soil types.
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
ffi*rx
Name of application: Monument Ridge Exemption
Sent to:
G-f"ld C"*ry reiiilliI"rn"r.rt t*t bwofttrisproject;;J]IS' ***
in the eyent you arcunable to respond by December 14, 2001, This form may he used
for your response, or you may attach your own additional sheets as necessary. Written
comments may be mailed or faxed to:
General comments:
November 14,2001
December 14,2001
This review agency recommends (circle one): Approval / Denial
The foltowing are suggested conditions of approval, or are the reasons for denial:
Name of review agency:
Rcvispd ?/10/00
GARFIELD COUNTY
Bailding and Planning Department
November 13,2001
Mr. RogerNeal, P.E.
High Country Engineering
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
Re: Monument Ridge Subdivision Exemption
Dear Roger:
The purpose ofthis letter is to inform you that your client's request for an exemption from the rules
of subdivision has been scheduled for a public meeting before the Board of County Commissioners.
The prblie meeting will occur at 1:15 p.m., onMonday, January 14,2002, in the Garfield County
Courthouse, Commissioners Hearing Room, Suite 301, lO9 8fl' St., Glenwood Springs. The
rypheffi, $hall be solely responsible for the pnrblication, posting and rnailing of all notiees ard shall
present proof of publication and mailing at or before the meeting. Notice for the meeting shall be
glven as follows:
(1)Notice by publication, including the name of the applicant, description of the subject lot a
description of the proposed exemption and nature of the meeting, and the date, time and
place for the hearing shall be given once in a nevvspaper of geneml circulation in that portion
of the County in which the subject properly is located at least thirty (30) but not more than
stxty (60) days prior to the date of such meeting, and proof of publication shall be presented
at hearing by the applicant.
Notice by mail, containing information as described under paragraph (l) above, shall be
mailed to all owners of record as shown in the County Assessor's Ofiice of lots within two
hundred feet (200') of the subjeot lot and to all owners of mineral interest in the subject
properly at least thirty (30) but not more than sixty (60) days prior to such meeting time by
certified retum receipt mail, and receipts shall be presented at the meeting by the applicant.
The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Deparfrnent. The posting
must take place at least thirly (30) but not more than sixty (60) days prior to the hearing date
and is the sole responsibility of the applicant to post the notice, and ensure that if remains
posted until and during the date of the hearing.
(2)
(3)
Ph:625fi)916 144%E.3rd Street, Suite 208 Rifle, CO 81650 www.garfield-county.com
Please use the attached notice for the publication and mailings. Please use the attached sign to
post the property. Failure to complete the above stated noticing requirements will require re-
noticing for a future hearing. It is your responsibility to ensure the legal description you provided
to this office, included in this notice, is accurate. Please do not hesitate to contact me in the
event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
Ph:625fiD16 l44Yz&.3rd Street, Suite 208 Rifle, CO 81650 www.garfield-count5r.com
Todays date: l lll3l0l
Processed by:
Garlield County Planning Department
BOCC agenda item request
Project Name: Monument Ridge Exemption
Type of application: Exemption
Site location: Located along County Road 300, Southeast of Battlement Mesa P.U.D.
Applicants: PeterHeineman of Foothills Land & Development Company
MeetingDate & Time: Monday, January t4,2002,1:15 p.m.
EstimatedDtration: % hr
Section/Township/Range : Seotions 17 -20, T 7S, R95W
StaffPlanner: Kit Lyon
Was this item advertised? Yes
Public Meeting
Please place on hallway calendar
TAKE NOTICE that Peter Heineman of the Foothills Land & Development Company has
applied to the Board of County Commissioners, Garfield County, State of Colorado, for a
subdivision exemption in connection with the following tlescribed property situated in the
County of Garfield, State of Colorado; to-wit:
I-egal Description: See attached
Practical Desiription: Southeast of the Battlement Mesa P.U.D., Located atong County Road
300, Parachute, CO 81635
Said suMivision exemption would create five (5) hacts of land from the approximately two
hundred (200) acre existing tract. The five (5) tacts of land created will range in size from
rougfly six (6) to ninety (90) aeres each.
All persons affected by the proposed subdivision exemption are invited to appear and state their
views, endorsements or objections. If you cannot appear personally at such meeting, then you
re urged to state your views by letter, as the Board of County Commissioners wilt give
consideration to the comments of surrounding property owners and others affected in deciding
whether to grant or deny the request for the subdivision exemption. This suMivision exemption
application may be reviewed at the office of the Planning Department located at 109 8th Street,
Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30
a.m. and 5:00 p.m., Monday through Friday.
The public meeting on the application for the subdivision exemption request has been set for the
14* day of January, 20}2,at 1:15 p.m. at the office of the Board of County Commissioners,
Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
tt!? )-400[
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Monument Gulch
Adjacent ProPertY Owners
Checked on October 12'2001
HCE Project No. 2000060.01
Parcel No. 2407-184-21-0f 8
Morrow,William J. and Betty L.
164 Limberpine Circle
Parachute, CO 81635
Parcel No. 2407-1 84-21-019
Davis, William R.
170 Limberpine Circle
Parachute, CO 81635
Parcel No. 2407-1 E4-21-020
Neumanrq Harry H. Sr., and Margaret G.
176 Limberpine Circle
Parachute, CO 81635
Parcel No. 2407-083-00-152 (Open/Common Area)
Battlement Mesa Partners
P.O. Box 6000
Battlement Mesa, CO 81636-6000
Parcel No. 2407-lt4-06-007
Koehler, Timothy J.
37 Spruce Court
Parachute, CO 81635
Parcel No. 2407-184-06-008
Wilsorq Leo W. and Crertrude A.
1638 Oakhurst Avenue
Reno, IW 89509-3744
Parcel No. 2407-184-05-002
fliguera" David William and Willa J.
32 Spruce Court
Parachute, CO 81635
Percel No. 2407-184-05-001
Brown, Terry J. and Cheri J.
40 Spruce Court
Parachute, CO 81635
,.
a-
Monument Gulch - Adjacent Property Owners
Checked on October l2,2OOl
HCE Project No. 2000060.01
Page2
Percel No. 2407-1E4-05-00t
Hazelhurst, Jack Leonard, Danice Franes
97 Nverview Place
Parachute, CO 81635
Parcel No. 2407-184-05-009
Zarlengo, Anthony A. & Catherine A.
53 Aspen Way
Parachute, CO 81635
Percel No. 2407-184-04-002
Schaller, Evelyn A.
38 Aspen Way
Parachute, CO 81635
Parcel No. 2407-184-04-001
Felts, James M. and Jeane S. (Jt.)
46 Aspen Way
Parachute, CO 81635
Parcel No. 2407-1t4-01-001
Henry, Mark E. and Jere' L. (Jt.)
174 Rosewood Way
Parachute, CO 81635
Parcel No. 2407-184-01-002
Voight, Frederick T.'and Iman, Jiranita, C.
166 Rosewood Way
Parachute, CO 81635
Parcel No. 2407-184-01-003
Novess, Robert C. and Kellie
I I Cactus Court
Parachute, CO 81635
Percel No. 2407-184-01-004
Larkin, John S. and Thelma A., Trustees
Of the John & ThelmaFamilY Trust
2l Cactus Court
Parachute, CO 81635
'I
Monument Gulch - Adjacent Property Owners
Checked on October 12,2O0l
IICE Project No. 2000060.01
Page 3
Percel No. 2407-184-01-005
Hurt, Kevin M.
3l Cactus Court
Parachute, CO 81635
Parcel No. 2407-184-0f-006
Fisk, Stephen L. and Donna Marie
36 Cactus Court
Parachute, CO 81635
Parcel No. 2407-19l-0E-001
Batttement Mesa Realty Partners
P.O. Box 6000
Battlement Mesa, CO 81636-6000
Parcel No. 2407-19l-05-009
Parcel No. 2407-19l-05-008
Parcel No. 2407-19l-05-013
Parcel No. 2407-19l-05-012
Parcel No. 2407-19l-05-010
Parcel No. 2407-19l-0$01 I
Parcel No. 2407-191-04-003
Parcel No. 2407-19l-04-002
Pnrcel No. 2407-19l-04-001
Parcel No. 2407-19l-02-017
Parcel No. 2407-191-02-018
Parcel No. 2407-19l-02-019
Parcel No. 2407-191-03-012
Parcel No. 2407-191-03-01 I
Parcel No. 2407-19l-03-010
Parcel No. 2407-191-03-009
Saddleback Village, LLC
C/o Community Holdings West, Inc.
P.O. Box 6000
Battlement Mesa, CO 81636-6000
Monument Gulch - Adjacent Property Owners
Checked on October 12,2OOl
HCE Project No. 2000060.01
Page 4
Parcel No. 2407-192-00-133 (Open/Common Aree)
Battlement Mesa Service Association
P.O. Box 6004
Battlement Mesa" CO 81636-6004
Parcel No. 2407-184-14-001
Garfield County School District 16
P.O. Box 68
Parachute, CO 81635-0068
Parcel No. 2407-184-00-001
Loftin, Gary P. and Linda A. (Jt.)
P.O. Box 337
Parachute, CO 81635-0337
Api|5,2002
Mark Bean
Garfield County Building & Planning Department
109 8th Street
Room 303
Glenwood Springs, CO 81601
RE: Monument Ridge Final Exemption Plat
Dear Mark,
We are submitting a copy of the Final Exemption Plat for the Monument Ridge
Exemption Lots. We have addressed conditions l-l I recommended by the Building and
planning Staff, and included the required changes and notes on the Plat. Zancanella and
AssociaLs has prepared a Water Supply Plan as required by Section 8:42, Item D of the
Garfield County r.rbdiririo, regulations. We would like to request that the Plat be
submitted to the Board of County Commissioners for approval.
We have included two copies for your review, and will submit more copies andlor mylar
copies per your request. We have also included the $905.94 fee for the required School
Site Application fee ($800) and outstanding sketch plan fee ($105.94).
If you have any questions or need more information, please feel free to contact us.
Respectfully,
cc: Peter Heineman
Encl.
, TNC.
14 Inverness Drive East, Ste. D-L36
Englewood, CO 80112
phone j03 925-0544 'fox j03 925-0547
ENGINEERING
^2
\
RDN/sls
1517 BlakeAvenue, Ste. 101
Glenwood Springs, CO 81601
phone 970 945-8676 'fax 970 945-2555
Grand Junction, CO 80501
phone 970 858-0933 'fm 970 858-0275
Roger Nff, P.E.
DECLART\TION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MONUMENT RIDGE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
day of 2002,byMONUMENT RIDGE ("Declaration") made this
FOOTHILLS LAND & DEVELOPNIENT, NC. a Colorado Corporation ("Declarant").
RECITALS
A. Declarant is the orvner of that certain real property in
of Colorado, described in Exhibit "A" to this Declaration which shall
under this Declaration.
the County of Garfield, State
be the property ("Property")
B. Declarant deems it desirable to impose a general plan for the improvetrnent,
development and maintenance of the Property and to adopt and establish covenants, conditions and
restrictions upon theProperty forthepurpose ofenhancing, maintaining and protectingthevalue and
attractivenes s thereof.
C. Declarant deems it desirable to establish a Colorado nonprofit corporation, Monument
Ridge Homeowners Association, Inc., which shall be responsible for the management and
maintenance of the planned development referred to herein and enforcement of the terms of this
Declaration.
COVENA}ITS AND AGREEMENTS
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that the Property shall
be held, sold, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved,
subject to the following limitations, restrictions, easements, covenants, conditions,liens and charges,
all of which are declared and agreed to be in furtherance of a general plan for the improvement and
development ofthe Property. All of said limitations, restrictions, easements, covenants, conditions,
liens and charges shall run with the land, shall be binding upon and inure to the benefit of all parties
having or acquiring any right, title or interest in the Property or any part thereof and the successors
in interest of such parties, and are imposed upon the Property and every part thereof as equitable
servitudes which may be enforced by the Declarant, its successors and assigns, each Owner (as
hereinafter defined), his successors and assigns, or by the Association (hereinafter defined), its
successors and assigns; provided, however, that no provisions of this Declaration shall limit, in any
K:\LIV\HE IPET\BATTLEMENICC& RS. wpd
way, Declarant's construction of improvements on and development of Monument Ridge nor
Detlarant's right to maintain construction, sales or leasing offices or similar facilities on any real
property in Nlonument Ridge orvned by Declarant (or owned by an Orvner u'ith the consent of such
bwner), nor Declarant's right to post signs incidental to construction. sales or leasing.
ARTICLE I
DEFINITIONS
t.l ..@" shall mean Articles of Incorporation of )Ionument Ridge Homeowners
Association, Inc., filed rvith the Colorado Secretary of State, as said Articles may be amended from
time to time, provided such Articles shall not be amended, changed or interpreted so as to be
inconsistent with this Declaration.
1.2
defined:
..@!,'shal1meanandrefertoanyoralloftheAssessmentshereinafter
(a) "Regular Assessment" shall mean and refer to a charge against each Lot
representing that portion of the Common Expenses attributable to such Lot as provided for in this
Declaration.
(b) "special Assessment" shall mean and refer to a charge against any Lot,
directly attributable to such Owner, for certain costs incurred by the Association or Declarant for
materials or services fumished to such Owner or his Lot at the request of or on behalf of such Owner,
or as a result of any Owner failing to maintain any portion of his Lot in accordance with the
provisions of this Declaration, or as a result of the negligence or willful misconduct of any Owner,
iris employees, guests or invitees, or for excessive use or special use of the sen'ices or facilities
provided by the Association, including, but not limited to, parking, trash removal and maintenance
of improvements.
(c) "Capital Improvement Assessment" shall mean and refer to a charge againsl
any Lot representing a portion of the cost of the Association for the installation, constnrction,
unexpected repair or replacement of any capital improvanents, including the necessary fixtures and
personal propirty related thereto, on the Property upon which the Association may be required to
install, construct, repair or replace any capital improvements as provided in this Declaration.
1.3 "Association" shall mean and refer to Monument Ridge Homeowners Association,
Inc., a nonprofit mutual benefit corporation, incorporated under the laws of the State of Colorado.
1.4 ..Agseciation Water" shall mean and refer to all water or water rights, ditch or ditch
rights, reservoir or water storage rights including but not limited to domestic water wells owned by
the Association.
1.5 "Boarc!" shall mean the Board of Directors of the Association.
KILMHETPET\BATTLEIVIENT\CC&R'S.wpd
1.6 .'Bylalvs" shall mean the Bylau's of the Association which have been trr will be
adopted by the Board, as such Bylarvs may be amended from time to time. provided said Bylaws
shall not be amended, changed or interpreted so as to be inconsistent with this Declaration.
1.7 ..@'means the Colorado Common Interest Ownership Act presentll'codified
at 38-33.3- lO l, et seq., asit may subsequently be amanded from time to time.
1.8 "Common Area" shall mean any and all real property and the improvanents thereon,
and any personal property, owned or leased from time to time by the Association for the common
use and enjoyment of th. Mernbers. The Common Area consisting ofreal property, if anl'. shall be
as shorvn on the recorded plat within the area described in Exhibit o'A." Common Area shall also
include any and all domestic irrigation and water lines and equipment delivering water to each lot
in Monument fudge, including any such lines and equipment located on individual lots. Declarant
shall convey the Common Area to the Association, free of all liens and encumbrances except current
real property taxes (which taxes shall be prorated as of the date of conveyance), title exceptions of
record and the covenants, conditions, reservations and restrictions contained in this Declaration and
the instnrment which conveys the Common Area to the Association.
..eommon_Expenseg" shall mean and refer to the actual and estimated costs of:
(a) maintenance,management,operation,repairandreplacementoftheCommon
Area, to the extent provided in this Declaration;
(b) fire, casualty, liability and other insurance covering the Common Area and
workmen's compensation for all employees;
(c) unPaid assessments;
(d) managernent and administration ofthe Association, including, but not limited
to, bonding of the members of the Board, officers and employees of the Association, and
compensati,on paid by the Association to accounknts, attomeys and anployees, for services
benefitting the Association or Common Area;
(e) reasonable reserves as appropriate;
(0 taxes paid bY the Association:
G) amounts paid by the Association for the discharge of any lien or encumbrance
levied against the Common Area or any portion thereof;
1.9
K:\LIVWEIPET\BATTLEMENICC&RS.wpd
(h) amounts paid or incurred by the Association in collecting assessments
pursuant to Article vl hereof, including amounts expended to purchase a Lot in connection with the
ioreclosure of the assessment lien against such Lot;
(D expenses incurred by the Association for any reaso-n whatsoever in connection
with the Common Area, this Declaration oi any amendment to this Declaration, the Articles, or the
Bylaws or in the furtherance ofthe purposes ofihe Association or in the discharge of any obligations
imposed on the Association by ttre Board pursuant to this Declaration or any amendment to this
Declaration;
CI) maintenance and upkeep of the Lots of the individual Orvners, to the extent
such responsibility is expressly assumed by the Association.
1.10 ..co!v@'shall mean and refer to conveyance of a fee simple title, or lease of
any part of the ProPertY.
I . 1 I ..Declaran!" shall mean and refer to Foothills Land & Development, LLC, a Colorado
Corporation, its successors and assigns'
l.l2 ..h!,, shall mean and refer to each numbered Lot or Parcel now existing or to be
created from the eroperty described in Exhibit "A" and any additional real property at any timg
annexed thereto. The-boundaries of a Lot shall be as shown and defined on the original plat map and
on any additional or re-plat map or maps recorded in the Garfield county Records'
l.l3 ..Uniqproved Lof' shall be a Lot upon which no improvements have been
constructed.
l.l4 ,.Improved Lot" shall be a Lot upon which improvements have been constructed'
l.l5 ..Memberl shall mean and refer to every person or entity who holds a menrbership
in the Association as provided in Article II, Section2.l.
1.16 ..M@gaE, shall mean any mortgage or deed of tnrst or other conveyance of a Lot,
or any interest th.r"tr, trcluding but not limiied to, the improvements thereon, to secure the
performances of an obligation, which Lot will be reconveyed upon completion of such performance'
l.l7 ..WgAgE,, shall mean and include mortgagees, trustees, beneficiaries and holders
of deeds of trust, and the holders of any indebtedness secured by mortgages'
l.lg ..@gggg!,, shall mean and include mortgagors and trustors under deeds of tnrst.
l.l9 ..@, shall mean and refer to Declarant and to any person or entity holding a
record fee simpleFnership interest in any Lot which is a part of the Property, including contract
K:\LIVVIEIPET\BATTLEMENflCC&R S'wpd
purchasers, but excluding Mortgagees and those having such interest merely as security tbr the
performance of an obligation.
1.20 ..pgily" shall mean anci refer to all the real Properr.r- described on Exhibit "A"
hereto, together with any real property annexed thereto in the furure.
l.2l ..Monument RidE'shall mean all of the Property, and improvements thereon, now
or hereafter subject to this Declaration or any amendment to this Declaration.
ARTICLE II
THE ASSOCIATION
NIEMBERSHIP; voTING RIGHTS ; DE CLAR{NT CoNTRoLS
Z.l Membership. Every Owner of one or more Lots in the Property shall be entitled and
required to be a member ofthe Association, subject to the voting rights provisions of this Article II.
No person or entity other than an Owner of one or more Lots in the Property may be a mernber of
the Association.
2.2 Allocation of Votes. Each Lot shall be allocated one vote in the Association, subject
to Section 2.5 below.
2.3
allowed.
No Cumulative Voting. In the election of directors, cumulative voting shall not be
2.4 Membership Appurtenant. Membership in the Association shall be appurtarant to and
inseparable from a Lot. Membership in the Association may not be transferred except in connection
with the transfer of ownership of a Lot.
2.5 Declarant Control.
(a) Notwithstanding anything stated elsewhere in this Declaration, until the
earliest of: (l) ten (10) years after the date of recording of this Declaration in the office of the
Garfield County, Colorado, Clerk and Recorder; (2) sixty (60) days after conveyance of 75 percent
of the Lots to owners other than Declarant; or, (3) two (2) years after the last conveyance of a Lot
by Declarant in the ordinary course of business, Declarant may appoint and remove officers and
members ofthe Board ofDirectors ofthe Association, subject to the limitations stated in this section.
(b) Notlaterthan sixty (60) days afterconveyance of25 percent ofthe Lots which
may be created by the terms of this Declaration to Owners other than Declarant, at least one mgrnber,
and not fewer than 25 percent of the manbers, of the Board of Directors must be elected by the
Owners of Lots other than Declarant.
KILIV\HEIPET\BATTLEMENflCC&R S.wpd
(c) Not later than sixty (60) days after conveyance of 50 percent ofthe Lots which
may be created by the terms of this Declaration to Owners other than Declarant, not fewer than 3 3 I /3
percent of the members of the Board of Directors must be elected by Owners other than Declarant.
(d) Not later than the termination of the period of Declarant control specified in
subsection 2.5(a) of this Article, the Owners shall elect a Board of Directors of at least three (3)
monbers, at least a majority of who must be Owners other than Declarant or designated
representatives of Owners other than Declarant. The Board of Directors so elected and officers shall
take offrce upon termination of the period of Declarant control specified above.
(e) Notwithstanding anything to the contrary stated elsewhere in this Section 2.5,
by a vote of 67 percent of all persons present and entitled to vote at any meeting of the Owners at
which a quorum is present, any member of the Board of Directors may be removed with or without
cause, other than a member appointed by Declarant.
2.6 O.uorum. A quorum will be deemed present throughout any meeting of the
Association if persons entitled to cast 20 percent of the votes which may be cast for election of the
Board of Directors of the Association are present in person or by proxy at the beginning of the
meeting. A quorum will be deemed present throughout any meeting ofthe Board of Directors ofthe
Association if persons entitled to cast 50 percent of the votes on that Board are present at the
beginning of the meeting.
ARTICLE III
PROPERTY RIGHTS IN TIIE LOTS AI\D COMMON AREA
3.1 Title to the Lots. The Declarant, its successors and assigns, shall convey fee title to
the Lots subject to current real property taxes, which taxes shall be prorated to the date of transfer,
and easements, conditions and reservations then of record, including those set forth in this
Declaration. No Ownershallbe entitled to severhis ownership interestin a[,ot fromhismanbership
in the Association, provided that this clause shall not be construed as precluding the Owner of a Lot
from creating a co-tenancy or joint tenancy with other person or persons.
3.2 Title to the Common Area. The Declarant, its successors and assigns, shall convey
feesimpletitt"ffieAssociation,freeandclearofall1iensandencumbrances,
except easements, conditions and reservations then of record, including those set forth in this
Declaration at any time but not later than conveyance of 75 percent of the Lots to owners other than
Declarant.
3.3 Members' Easements of Enjoyment. Every Mernber shall have anon-exclusiveright
and easernent, in and to the Common Area, including, but not limited to, an easement for ingress,
egress and support over and through the Common Area, and easements for utilities and drainage.
Each such easernent shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
KTLI\AHEIPET\BATTLEMENT\CC&R'S.WPd
(a) The right of the Association to adopt uniform rules and re-eulations pertaining
to the use and enjoyment of the Common Area;
(b) The Association may borrorv money and encumber by mortgage or deed of
trust the Common Area or any part thereof for the purpose ofimproving the Common Area, provided
any such mortgage or deed of trust shall be expressly subordinate to the rights of the Mernbers
herein;
(c) The right of the Association to suspend a Member's voting rights for any
period during which any Assessment against his Lot remains unpaid and delinquent, and for a period
not to exceed thirty (30) days for any single infraction of the rules and regulations ofthe Association,
provided that any suspension of such voting rights except for failure to pay assessments, shall be
made only by the Association or a duly appointed committee thereof, afternotice and hearing glven
and held in accordance with the Bylaws of the Association;
(d) The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Members. No such dedication or transfer shall be effective
unless an instrument signed by Mernbers entitled to cast two-thirds of the votes has been recorded,
agreeing to such dedication or transfer, and provided .written notice of the proposed action is sent
to every Member no less than thirty (30) days nor more than sixty (60) days in advance.
(e) The right ofDeclarant or its designees to enter upon the planned development
for purposes of construction of the development and for purposes of making repairs and remedying
construction defects: provided such entry shall not interfere with the use of any occupied Lot unless
authorized by the Lot Owner.
3.4 Delesation of Use. Any Member may delegate in accordance with the Bylaws, his
right of enjoyment to the Common Area to the mernbers of his family, his guests and invitees,.or his
tenants, or contract purchasers who are in possession of such Mernber's Lot.
3.5 Waiver of Use. No Member may exernpt himself from personal liability for
assessments duly levied by the Association nor release the Lot owned by him from the liens and
charges hereof, by waiver of the use and enjoyment of the Common Area or by abandonment ofhis
Lot.
3.6 General Restrictions. All future Owners of the Lots by their acceptance of their
respective deeds, covenant and agree as follows:
K:\LIV\HEIPET\BATTLEMENTCC&R S.wPd
(a) Thatthe CommonAreashall remainundivided, andno Orvner shallbring any
action tbr partition, it being agreed that this restriction is necessa$ in order to preserve the rights of
Owners with respect to the operation and management of the Property.
(b) The Association shall have a perpetual and non-exclusive easement on all Lots
for the pufpose of ingress and egress in connection with the maintenance of and repairs to the
Comrnon Area, including without limitation, the domestic irrigation and water system.
(c) The Association shall implement and follow a program of noxious rveed
control rvhich shall address the control and elimination of Canadian Thistle and other plant species
included on the Garfield County Noxious Weed List. In general, the weed management plan shall
consist of the following components:
(i) PreventionandControl.Thequickrevegetationofdisturbedareaswith
weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorouS
condition producing optimum vegetative densities will leave noxious weeds little opportuniry to
establish. The Use of hay that is certified as weed free is also recommended.
(ii) Inventory. Each Lot should be inspected to identiff any infestations
of noxious weeds. An accurate record should be kept of the application and success of rveed
infestation eradication efforts.
(iii) Eradication. Elimination of noxious weeds canbe achieved through:
a.
or eliminates the plant's ability to
b.
Mechanical Controls physically ranove the entire weed plant
produce seed.
Biological Controls relying on organisms (insects or plant
pathogens) to interfere with weed growth.
c. Chernical Controls use herbicides to eliminate weeds. Special
care must be used with herbicides to avoid damage to desirable plat species and to avoid
contamination of ground water.
An effective weed management prograrn may involve all three methods of eradication as well as a
long term commitment to prevention and control. Assistance in the development and
implernentation of a weed management program is available through the Colorado State University
Co-operative Extension Service and from the Garfield County Office of Vegetation Management.
It is the individual Lot owner's responsibility, according to the Colorado Noxious Weed Act and
Garfield County's Weed Managernent Plan, to manage any noxious weeds on his or her property.
In the event aproperty owner fails to effectively control noxious weeds on their Lot, the Association
shall havetherightto enterupon the Lot and conduct aweed control progmm withinthe areaofsuch
Lot.
K:\LI\AHEIPET\BATTLEMENICC&R'S.w?d
4.1
ARTICLE IV
COVENANT FOR ASSESSNIENTS
Creation of the Lien and Personal Oblieation of Assessments. The undersigned, for
each Lot within the Property (including any Lots subsequently added under Article XII below),
covenants, and each Owner of any Lot by acceptance of a deed for that Lot, whether or not it shall
be so expressed in that deed, is deemed to covenant and agree to pay to the Association: (a) all
assessments or charges levied against that Lot; (b) all fees, charges, late charges, attorneys fees,
fines, collection costs, and interest charged pursuant to this Declaration or as allowed by Section
33-33.3-316(l ), C.R.S., orany otherprovision ofCCIOA as it maybe subsequently amendedby any
other applicable law. All iterns set forth in this section, from the time such items become due, shall
be a charge on and covenant running with the land and shall be a continuing lien on the Lot against
which each such item is charged. If an assessment is payable in installments, each installment is a
lien from the time it becomes due, including the due date set by any valid Association acceleration
of installment obligations. Each such item, together with interest, costs, and reasonable attomeys
fees, shall also be the joint and several personal obligation of each person and entity who was the
Owner of the Lot at the time when the item became due. This personal obligation shall not pass to
an Owner's successors in title unless expressly assumed by them. No Owner may be exempt from
liability for assessments by waiver of use or enforcement of Common Expenses, Association Water,
or other assets or benefits of the Association, or by abandonment of Lot or Residence.
4.2 Purpose of Assessments. The Assessments levied by the Association shall be used
exclusively for: Common Expenses; to promote the health, safety, or welfare of the residents in
Monument Ridge, or for the benefit of the Common Area or Association Water; or for any other
purpose of the Association as those purposes are specified by the Articles of Incorporation of the
Association (as amended from time to time); or as otherwise authorized by CCIOA.
4.3 Initial Assessment.
(a) Theinitial assessment forCommon Expenses ofthe Association shallbe fixed
in an amount set by, and made upon the resolution ol the Board of Directors of the Association.
(b) After any assessment has been made by the Association, assessments shall
be made no less frequently than annually based on a budget adopted by the Association as described
elsewhere in this Declaration. Assessments may include, without limitation, allocations forreserves
for repair or replacement of existing capital iterns and acquisition, construction, and existing capital
items and acquisition, construction, and installation ofnew improvements, all to the extent set forth
in the approved budget upon which such assessment is based.
(c) Until the Board of Directors of the
expenses of the Association shall be paid by Declarant.
9K:\LIVWEIPET\BATTLEMENICC&R'S.wpd
makes an assessment, all
4.4 Date of Commencement of Annual Assessment: Due Dates. The first Assessment for
Common Expenses shall be adjusted according to the number of months remaining in the calendar
year tbr which the Assessment is made, if less than a full year. Thereafter, the Board of Direcrors
shall tix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance
of each Annual Assessment period. Written notice of the Annual Assessment shall be sent to every
Owner subject to the Assessment. The due dates shall be established by the Board ofDirectors. The
Association shall, upon demand, and for a reasonable charge, fumish a certificate signed b)'an
officer of the Association setting tbrth whether the Assessments on a specified Lot have been paid.
4.5 Expense Allocation. Excgpt as otherwise stated in this section, each Lot shall be
allocated a fraction of the Common Expenses of the Association in which the numerator is one and
the denominator is the number of Lots then in the Properry. Any Common Expense or portion olany
Common Fxpense benefitting or caused by fewer than all Lots shall be assessed exclusively against
the Lots benefitted by or causing the Common Expense.
4.6 Efflect of Nonpa]rment of Assessments: Remedies of the Association. Any
Assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at a rate not to exceed 21 percent per annum set annually by the Association's Board of Directors.
In the event the Board falls to set the interest rate, the rate shall be 150/o per annum.
1.7 PrioriW of Lien. The lien for assessments which includes all those items specified in
item (a) and O) in Section 4.1 of this Article IV shall have the priority specified in CCIOA which,
as of the date of this Declaration, is codified at Section 38-33.3-316(2), C.R.S.
ARTICLE V
BUDGET Al\D RECORDS
5.1 Books and Records. The Board of Directors shall cause to be maintained a full set of
books and records showing the financial condition of the affairs of the Association in a manner
consistent with generally accepted accounting principles. All books, records, and papers of the
Association shall be available for inspection and copying by any Mernber or his representative
during regular business hours at the principal office of the Association. The Board of Directors may
establish reasonable rules concerning notice to be givm the custodian of the records by anyone
desiring to inspect them, and payment of costs of reproducing any documents requested by any
Mernber.
5.2 Annual Budget. The Board of Directors shall cause to be prepared no less than
annually an operating budget, balance sheet, and cash flow staternent for the Association.
5.3 Delivery of Budget. Within thirty (30) days after adoption of any proposed budget,
the Board of Directors shall mail, by ordinary first-class mail, or othenvise deliver a summary ofthe
budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the
KILMHEIPETAATTLEMENTCC&R'S.wpd l0
budget not less than fourteen ( l4) nor more than sixty (60) days after mailing or other deliver of the
summary.
5.4 Ratification of Budeet. Unless at that meeting Owners representing a majority of all
Lots reject the budget, the budget is ratitied, whether or not a quorum is present.
5.5 Rejection of Budget. In the event that the proposecl budget is rejected, the present
budget last ratified by the Owners must be continued until such time as the Owners ratiff a
subsequent budget proposed by the Board of Directors.
5.6 Reserve Fund. As part of each annual budget, the Board ofDirectors shall include an
amount which. in its reasonable business judgment, will establish and maintain an adequate reselve
fund tbr the replacement of any personal property, fixtures, and improvements required to be
operated or maintained by the Association based upon age, rernaining life, replacement cost, and any
other relevant factors.
" ARTICLE VI
NONPAYMENT OF ASSESSMENTS
6.1 Delinquency. Any Assessment provided for in this Declaration which is not paid
when due shall be delinquent. If any such Assessment is not paid within thirfy (30) days after the
delinquency date, the Assessment shall bear interest from the date of delinquency at a rate not to
exceed 2l percent per arlnum and in addition to all legal and equitable rights or remedies, the
Association may, at its option, bring an action at law against the Owner personally obligated to pay
the same or, upon compliance with the notice provisions set forth in Section 6.2 hereof proceed to
foreclose the lien (provided for in Section 4.1 hereofl against the Lot, and there shall be added to the
amount of such Assessment and interest thereon, all costs which may be incurred by the Association
in the collection thereof, including reasonable attorneys fees. Each Owner vests in the Association
or its assigns, the right and power to bring all actions at law or institute judicial foreclosure
proceedings against such Owner or other Owners for the collection of such delinquent Assessments.
6.2 Notice of Claim of Lien. No action shall be brought to foreclose an Assessment lien
or to pioceed under the power of sale provided in Section 6.3 less than thirty (30) days after the date
a notice of claim of lien is deposited in the United States mail, certified or registered, postage
prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the office of
the County Recorder in the county in which the Property is located. Said notice of claim of lien must
recite a sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the
amount claimed (which may at the Association's option include interest on the unpaid Assessment,
plus reasonable attorneys fees and expenses ofcollection in connection with the debt securedby said
lien), and the name and address of the Association hs claimant.
6.3 Foreclosure Sale. Any such sale provided for above is to be conducted in accordance
with those provisions of the laws and rules of the courts of the state of Colorado applicable to the
llK:\LI\AHEIPET\BATTLEMENICC&RS.wpd
toreclosure of mort-eages and deeds of trust, or in any other manner permitted or provided by law.
The Association, through its dull' authorized agents, shall have the power to bid on the Ltrt at
toreclosure sale and to acquire und fttrld, lease, mtrrtgage and convey the same. in the name oithe
Association.
6.4 Curine of Default. Upon the timell,'curing of any delinquency for rvhich a notice of
claim of lien rvas filed bl,the Association, the otficers of the Association are hereby authorized to
file or record, as the case may be, a certificate setting forth the satisfaction of such claim and release
oisuch lien, upon payment by the det'aulting Owner of a fee, to be determined by the Association,
to cover interest, the costs of preparing and filing or recording such release, and other expenses
incurred.
6.5 Cumulative Remedies. The Assessment lien and the rights of foreclosure and sale
thereunder shall be in addition to and not in substirution for all other rights and remedies which the
Association and its assigns may have hereunder and by law, including a suit to recover a money
judgment for unpaid Assessments, as above prolided, all remedies being cumulative.
ARTICLE VII
ARCHITECTUR{L CONTROL
7.1 Architectural Appror-al. All improvements on any Lot shall be in compliance with
the zoning approved b;- the of Counry of Garfield. No building, fence, wall, sign or other structure
shall be cofllmenced. erected or maintained upon the Property (including Common Area), nor shall
any exterior addition to or change or alteration therein (including painting) be made until the plans
ani specifications shorving the nature, kind, shape. height, materials and location of the same shall
have been submitted to and approved in writing b1' the Architectural Committee (ACCO) prorided
tbr in SectionT.2 hereof as to harmony of extemal design and location in relation to surrounding
structures and topography. Provided that Declarant, its successors or assigns shall not be required
to comply with the provisions of this Section 7.1. In the event said Committee, or its designated
representatives, fails to approve or disapprove such design and location within thirty (30) days after
said plan and specifications have been submitted to it, approval will not be required and this Article
rvill be deemed to have been fully complied with. All improvement work approved by the
Architectural Committee shall be diligently commenced and completed.
7.2 Apoointment of Architectural Committee. The Declarant shall initially appoint the
Architectural Committee consisting of not less than three (3) members, who shall remain in office
until: (a) ten (10) years from the date of recording of this Declaration; or O) all of the Lots in the
Proper.ty have been sold and deeds thereto recorded in favor of Owners, whichever shall first occuf.
From and after such time and event, as the case may be, the Architectural Committee shall be
appointed by the Board of the Association and shall be composed of three (3) or more repre-
sentatives who need not be Members of the Association. In the event of the death or resignation of
any member of the Committee prior to the time when the Board of the Association is vested with
authority, the Declarant shall have the right to appoint such member's successor.
K: l-lV\HEIPET\BATTLEIlIENTCC&RS.upd t2
7 .3 No Liabilitv. Neither Declarant. the Association, or the Architectural Committee or
the mernbers thereof shall be liable in damages to anyone submitting plans or specitications to them
for approval, or to any Owner of property atfected by these restrictions by reason of a mistake in
judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval
or failure to approve or disapprove any such plans or specifications. Every person who submits plans
or specifications, and every Owner of any of said Property agrees that he will not bring any action
or zuit against Declarant, the Association, the Architectural Committee, or any of the members
thereof to recover any such damage.
7.4 Notice of Noncompliance or Noncompletion. Not withstanding anything to the
contrary contained herein, after the expiration of one (1) year from the date of completion of
construction of any improvements within the Property, said improvements shall, in favor of
purchasers and encumbrances in good faith and tbr value, be deemed to be in compliance with all
ihe provisions in this Article VII, unless actual notice of such noncompliance or noncompletion,
executed by the Architectural Committee or its designated representatives, shall appear ofrecord in
the oflice of the County Recorder of Garfield County, Colorado, or unless legal proceedings shall
have been instituted to enforce compliance or completion.
7.5 Rules and Reeulations. The Architectural Committee may from time to time, in its
sole discretion, adopt, amend and repeal rules and regulations interpreting and implementing the
provisions hereof.
7.6 Variances. Where circumstances. such as topography, location of property lines,
location of trees, or other matters require, the Architectural Committee, by the vote or written
consent of amajority of the Members thereof, may allow reasonable variances evidenced in writing
as to any of the covenants, conditions or restrictions contained in the Declaration under the
jurisdiction of such Committee, on such terms and conditions as it shall require. The granting of a
variance shall not operate to waive any of the terms and provisions of this Declaration for any
purpose except at the particular provision hereof covered by the variance and shall not necessarily
serve as a basis for subsequent variances with respect to the other Lots. The granting of any variance
shall not affect in any way the Association's or Owner's obligation to comply with the laws and
ordinances of the County of Garfield and other applicable governmental laws or regulations.
7 .7 Aopointment and Designation. The Architectural Committee may from time to time,
by the vote or written consent of a majority of its mernbers, delegate any of its rights or
risponsibilities hereunder to one or more duly licensed architects, engineers or other qualified
persons who shall have full authority to act on behalf of said Architectural Committee in all matters
delegated.
7.8 Review Fee and Address. Any plans and specifications shall be submitted in writing
for approval together with a reasonable processing fee. The address of the Architectural Committee
shalf be the principal place of business of the Association of such other place as the Architectural
K:\LIV\HEIPET\BATTLEMENICC&R'S'wpd 13
Comminee may from tirne to time designate in rwiting to the Board of Directors. Such address shall
be the place for the submittal of an1' plans and specifications and the place where the current r:rles
and re_eulations, if any. of the Architectural Comrnittee shall be kept.
1 .g Inspection. Any member or agent of the Architecrural Committee may from tinee to
time at any reasonable hour or hours and upon reasonable notice enter and inspect any property
subject to ih"iurirdiction of said Architectural Committee as to its improvement or maintenanoe in
compliance with the provisions hereof.
7.10 General Provisions. Themembers oftheArchitecrural Committee shall notbe entitled
to any iompensation for services pertbrmed under Article VII hereot-. The powers and duties of such
Commirtee shall cease and terminate on a date forry' (40) years after the date of the recording of this
Declaration. Thereafter, the approval described in Article VII shall not be required unless, prior to
said termination date and effective thereon, a written instrument shall be executed and duly recorded
by the then record Owners or a majority of the Lots appointing a representative or represantatives
who shall thereafter exercise the same powers previously exercised by said Committee.
:. 1 1 Compliance with Governmental Larvs. The Declarant, its successors and assigns. and
all future Owners of any Lot, and their successors and assigns by their acceptance oftheirrespective
deeds, and the Association shall be bound by and subject to the larvs and ordinances of the County
of Garfield and all other applicable governmental laws or regulations. No building or other structure
or addition or change or alteration thereof shall be commenced, constructed, erected, placed, altered,
maintained or permitted to remain erected, placed. altered, maintained or permitted to rernain on any
of the real property within the Property, includin,e the Common Area, which is in violation with any
of the laws or ordinances of the County of Gart-reld or any other applicable governmental larvs or
regulations
ARTICLE VIII
ASSOCIATION POWERS AI\D OWNERS' USE
8.1 Authoriqv. The Association shall have all rights, powers, and authority specified or
permittedby: (a) CCIOA; (b) any otherapplicable law; (c) this Declaration; and (d) theArticles and
Bylaws of the Association to the extent not inconsistent with (a), (b), or (c).
8.2 Actions AeainstOwners. TheAssociationmaytakejudicial actionagainstanyOwner
to enforce compliance with any provisions ofthis Declaration, obtain mandatory or injunctive relief
or obtain damages for noncompliance and exercise any other right or remedy for enforcement of this
Declaration permitted by law. Atl of such rights and remedies of the Association shall be
cumulative.
8.3 Conveyance or Encumbrance. The Association shall have the right to encumber,
dedicate, or convey all or any part of the Common Area or the Association interest in Association
Water or any other Association asset. Horvever, no such encumbrance, dedication, or conveyance
K: rLlV\HEIPET\BAT-TLENIENT\CC&R'S.wpd t4
shall be effective except in an instrument signed by 75 percent of the Owners, including 75 percent
of all Owners other than Declarant. agreeing to such encumbrance. dedication, or transfer which has
been recorded in the Gart'ield County records. Such an instrument may be signed in counterparts
rvhich shall together constitute a single agreement.
8.4 Deleeation of Use. Any Owner may delegate, subject to any Bylaws of the
Association, his rigtrt of enjoyment to the Common Area and use of Association Water to the
members of his tamily residing r,vith him, his tenants, or contract purchasers who reside on the Lot
owned by that Owner.
8.5 Declarant's Use. Notwithstanding any provisions herein contained to the contrary,
it shall be expressly permissible for Declarant, its successors and assigns, or any agenj, contractor,
subcontractor or.rnploy". of the Declarant to maintain during the period of construction and sale
upon such portion of tt " properties as Declarant deerns necessary such facilities as in the sole
opinion of Declarant may be reasonably required, convenient or incidental to said construction and
sale, including, but without limitation, a business office, storage area, construction yards, signs
model units and sales office
8.6 Owner's Use. In addition to the duties stated elsewhere in this Declaration, each
Owner shall have the duty and obligation to pertbrm and compl-,- with the following restrictions to
preserve the overall value of the entire property:
(a) Minimum Floor Area. No dwelling shall be erected or placed on any Lot in
Monument Ridge unless said dwelling has a ground floor area (exclusive of porches, garages, and
decks) of 1200 square feet or more. No dwelling shall be erected or placed on any Lot in Monument
Ridge unless said dwelling has a total finished floor area (exclusive of porches, garages, and decks)
of 1800 total square feet or more.
(b) Roof. Material for roofs shall be wood shingles or shakes, concrete or clay
tile, metal, or asphalt shingles. Other roofing materials may be approved by the ACCO. Roofing
materials shall be in an earthtone or muted color to blend into the surrounding landscape.
(c) Exterior Wall Surfaces.
(i) Exterior siding must be primarily of natural materials. Siding may be
of redwood, cedar, or any wood properly finished.
(ii) Natural Stone, synthetic stone, brick, Stucco, or synthetic stucco may
be used for any exterior walls, but masonry walls must be limited to one masonry type for each
elevation.
(iii) Hardboards and compressed material siding are not permitted, except
quality masonite lap siding may be approved by the ACCO.
KILIv\HEIPEilBATTLEMENICC&R'S.wpd l5
(d) Colors. All colors of materials which are to be finished shall be paintec or
stained in ..earth ton.r;' ,p.cifically those colors rvhich echo or blend with the natural ct\lors
surrounding Monument Riige. Bright colors are not acceptable. All projections. including t1:es,
vents, gutters, downspoutr,Ld flashings shall match the color of the surface tfom which t-trey
project or a trim color rvhich is compatible.
(e) Fireplaces and Stoves. No open hearth solid fuel fireplaces will be allou'ed
anywhere within Monurnent Ridge. one (1) nerv solid-fuel burning stove as defined by C.R.S.
Z5-7-401, et seq,and the regulations promulgated thereunder, will be allowed in any dwelling unit'
Al1 dwelling units will be allowed an unristricted number of natural gas burning stoves and
appliances.
(0 Waivers. Waivers of any provision of the restrictions set fort-h il-tr9
Article vIII may t" ..q*tt"a with submission of plans and specifications. There shall tre a
statement of reasons for any requested waiver of these restrictions. The ACCo shall determine
whether any requested waivers are reasonable and permissible in Monument Ridge'
No storage of new or used construction materials shall be allowed unless in
area, except during construction or remodeling periods'
No advertising or signs of any character shall be erected, placed, permined,
Lot or building excePt:
(i) A name plate of the occupanl and a street number not to exceed eight
(e)
an approved enclosed
(h)
or maintained on anY
square feet;
(ii) "For Sale" signs;
(iii) Signs which the First Amendment to the Constitution of the United
States of America would allow despite restriction, but then only those which are not large or
overbearing.
(i) Each Lot owner shall at all times keep his, her, or its property in a clean,
"i'[rruy, arra *rroiesome condition. Each Lot owner shall provide suitable receptacles, with secured
liis o. covers, for the temporary storage and collection of refuse.
0) propane tanks located at Monument fudge shall be underground, fully
screened or enclosed.
(k) All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, except that provisions may
bi madl to allow for safety lighting that goes beyond the Lot boundaries.
K:rI lV\HEIPET\BATTLENGNICC&R S.wpd l6
(l) All equipment, garbage. or storage piles shall be kept so as to conceal them
tiom view of neighboring Lots and streets. All rubbish, trash. or garbage shall be regularly removed
tiom the Lots and shall not be allc'rrved to accumulate thereon
(m) Themaximum height of fences shall be forty-two (42) inches. All rail fences
and 3-strand wire fences shall have a twelve (12) inch separation between the top two rails orwires.
Catch corral t'ences enclosing less than five thousand (5000) square feet of area are exempt from
these fencing standards. Chain link fences up to six (6) feet high will be allowed for the purpose of
kenneling a dog. A six (6) feet high privacy fence may be used to enclose a contiguous area of not
more than two thousand (2,000) square feet when located immediately adjacent to a residence. Prior
to construction of any fence, plans shall be submitted to and approved by the ACCO.
(n) All utilities, (including but not limited to power lines, telephone lines, and TV
cable lines) serving any improvements, (this includes primary residential buildings as well as
secondary structures such as guest houses, garages, outbuildings, and storage sheds), shall be
underground.
(i) This requirement shall not apply to Declarant or its successors or
assigns.
(ii) This requirement may be waived by the ACCO in instances where the
installation of overhead utilities would not adversely affect visual corridors or view planes as seen
from the roads or other Lots in Monument Ridge. This requirement may be waived by the ACCO
if there are extraordinary costs or mitigating circumstances which in the sole opinion of the ACCO
would cause the installation of underground utilities to be a hardship.
(o) No further subdivision or resubdivision of any Lot or combination of Lots
covered hereunder shall be permitted without the prior written consent of the ACCO. This
restriction shall not apply to the Declarant.
(p) The grading ofthe Lots shall rernain as close to original grade as possible, and
no excessive grading shall be done without the prior written consent of the ACCO.
(q) No lot owner shall change or allow material changes in the drainage of water
onto any adjoining Lot, common area, or easement-
G) No lot owner will cause or allow siltation and subsequent damage caused by
siltation (such as obstruction of ditches), where material has washed from the offending Lot onto an
adjoining Lot, common area, or easement.
K:\Llv\HEIPEflBATTLEMENnCC&R S.wPd t7
(s) No lot owner will cause or allow erosion caused by diversion of any water
onto an area not designed for proper drainage or diversion of storm !\'ater onto an adjoining Lo!
common area. or easement.
(0 Upon completion of any improvement or construction on any Lot, the owner
shall to the greatest extent possible, as a minimum, restore the Lot to the condition which existed
prior to the construction (taking into account such construction) so that the Lot and the
improvements shall be in harmony with the surrounding unimproved property.
(u) All roadcuts for private driveways and all excavations and site disturbances
shall be revegetated with native plant materials or other landscape materials approved by the ACCO
within on. y.ur of commencement of construction. Site disturbance shall be restored, to the greatest
extent that is practical, to its original condition.
(v) All private driveways shall be identified at or near the intersection with the
corrmon access road with the address number to identiff each Lot. This sign shall have numerals
at least 6" in height. The numerals shall be clearly visible from the road.
(rv) Driveways shall have culverts of at least twelve (12") inch diameter located
at the junction to the main road unless the ACCO waives the requirement in writing.
(x) Roadside parking is not allowed on cornmon roadways or on dedicated
easements, which must remain clear of vehicles except during short periods of construction,
maintenance, or social gatherings. Any roadside parking hereunder will not obstruct the roadway;
roads must be passable at all times.
(V) Other than short-term guests or agents of the owner, no more then four (4)
vehicles per residence (not including motorcycles) shall be kept outside on the property and in plain
view.
(z) No abandoned vehicles shall be permitted on any Lot except in an enclosed
garage or protected from the view of all other Lots. A vehicle shall be considered abandoned if it
remains inoperative for a period of five (5) weeks.
ARTICLE IX
OTIIER RESTRICTIONS
9.1 Well/Septic Locations. It is important to note that wells and/or individual sewage
disposal fields may have predetermined locations; therefore, it is important that prior to drilling or
excavation the Garfield County Health Department, as well as the ACCO, be consulted prior to
permitting, especially if wells and/or individual sewage disposal fields are proposed within 200 feet
of ury lotline. Should any alteration be required from the pre-determined areas, the ACCO must be
consulted to review any deviation or alteration to qualiff the request via geological justification or
KILIV\HEIPET\BATTL EMENICC&R'S'wpd 18
other acceptahle criteria in accordance r.l'ith current procedures and Gartield County standards. All
on-site sewage disposal systems will be engineered by an engineer licensed in the State of Colorado,
qualified to Jesign individual sewage disposal sy'stems. \o sewage dispt'rsal system which serves
more than one single family residence shall be designated or constructed in Monument Ridge
lvithout prior rvritten consent of the ACCO.
g.2 Flooclplain and Natural Drainase. Any neu'buildings shell avoid areas of natural
drainage. Narural d**"g.r .hall be preserved to the marimum extent possible. Absolutely no
improiemenrs or disturblances shall o..,rr within the FEMA designated floodplain without the
n"....ury permits. 100 year floodplains are shown on the Nlonument Ridge Plat.
g.3 Residential Use Only. All Lots covered by these covenants are residential Lots and
shall be used solely for residential purposes.
g.4 No Ternporar.v Dwellings. No trailer, recreational vehicle. mobile home' tent, shack,
garage, outU,ritai"g, U*r*nt a*elling," or any tanporary structure shall be occupied orused as
u d*"1ing, either temporarily or perrnanently. The foregoing shall not apply to the Declarant or its
designated agents andthe activities conducted by the Declarant or its designated agents. A trailer or
recreational vehicle may be occupied temporarily, (only during construction), for one period not to
exceed the time of construction or twelve (12) months, rvhichever is shorter.
9.5 Trailers. Single and "Double Wide." and "Modulars". \o house trailers shall be
permitted in lvlonument Ridge except as provided in paragraph 9.4 above. All homes shall be
constructed on a pennanent foundation. Ivlodular and/or tbctory built homes may be approved if the
design is consistent with the standards tbr Monument fudge. Any prospective homeowner who
wishes to erect a modular home or a factory built home is encouraged to submit plans prior to
purchasing a lot so that he may be sure that the proposed house design is acceptable to the ACCO'
The ACCO rvill make every effort to expedite approval andlor comments on such applications.
9.6 Bumine. No open burning shall be allowed unless supervised by the local fire
department. Howefi trash or garbage may be burned on the property only in an approved
incinerator and in compliance wiitr att Garfield County regulations. No coal or other types of fuel
*5i.tr give offsmoke, Lxcept wood, gas, or pellets, shall be used for hertiog, cooking, or any other
purpose.
g.7 Livestock. No commercial animals, livestock, or poultry of any kind shall be
allowed, raised, bred, or kept at any residence, except that livestock consisting of.cows, horses,
goats, or sheep may be kept for personal use as long as the total number of animals is four or less.
Livestock shall noibe kept for breeding or commercial purposes. Graring of permitted livestock
shall be done in u **rro ,o as not to denude vegetation or "grueto dirt'' except that livestock may
be contained in a fenced area not to exceed 714 acreper animal which may be maintained free from
grass or vegetation. Chickens and roosters may be kept for personal use so long as they are confined
(not free roaming) and their total number is ten or fewer'
KILIV\HEIPEflBATTLEMENT\CC&RS.wpd l9
Household Pets.
(a) One (1) do*e will be allorved for each unit and the dog shall be
required to be confined within the orvners property boundaries.
O) Residents ntal' keep ro mr)ro than one ( 1) dog ancl two (2) cats as household
pets and any offspring of such household pets not exceeding three 13; months of age so long as such
pets are not kept for commercial purposes and do not make objectionable noises or othenvise
constitute a nuisance or inconvenience to any of the residents of Monument Ridge.
(c) Household pets shall be subject to any rules and regulations which may be
promulgated by the Association.
(d) Pets shall be confined to the Lot of the resident by an above-ground fence;
invisible electric fence attached to a dwelling unit; kennel; tether attached to a fixed, immovable
object, the length of which will not allow the dog to trespass on another resident's Lot; or a leash.
Areas where a Lot orvner keeps any pets shall be kept clean and free of refuse, insects and waste at
all time.
9.8
(e)
and not allowed to
(D
Monument Ridge.
Pets shall be on a leash and under the control of the owner when offthe Lot
run freely outside of the resident's Lot.
No commercial breeding of any kind shall be pemriued within
(g) Pets shall not be allowed to chase or molest wildlife or any domestic animals
or persons, destroy or disturb property of another, or threaten public safety.
(h)
(i)
All pets shall be licensed as required by law.
Dogs shall not be allowed to bark continuously, which shall be defined as
barking for a fifteen ( I 5) minute period, including successive barks or a series ofbarks which repeat
or resume following a brief or ternporary cessation.
(1 Residents of each Lot shall be responsible for assuring compliance with the
restrictions set forth herein of any dog inhabiting their Lot with their permission. Residents not in
compliance with the restrictions set forth herein shall be responsible for any and all costs associated
with the enforcernent of these restrictions.
(k) Notrvithstanding the foregoing, no pets may be kept within a Lot or the
residence thereon which results in any annoyance or is obnoxious to a majority of the Lot owners
within Monument Ridge.
20K:\LIVWEIPET\BATTLEMENilCC&R S.uPd
g.g Otfensive Activities. No noxious or oft-ensive activitl' shall be permitted on any Lot
or the property, nor shall anything be done thereon u'hich may be or become an annoyance or
nuisance to other owners, including but not limited to noxious fumes, smoke, excessive or
continuing loud noises, interference with radio or teler-ision reception. and excessive draining of
rvater or other effluents onto any adjoining Lot.
9.10 Firearms. No firearms shall be discharged rvithin Monument Ridge.
9.11 Incidental Business. An orvnermay conduct incidental business from its Lot or
residence as long as there are no outside advertising signs, no retail traffic or other traffic which is
a burden on the roads or residents. There shall be no manufacturing invohing any ernployees. These
restrictions shall not apply to the Declarant or it's designated agents.
g.l2 Completion of Construction. Once excavation has begun, the exterior of the
structure must be completed within twelve (12) months of the date of excavation. All construction
shall be diligently pursued.
9.13 Reconstruction. In the event a structure is destroyed, wholly or partially, by fire or
any other casualty, said structure shall promptly be either rebuilt or repaired to conform to this
Declaration or else all the remaining stnrcture, including the foundations and all debris, shall be
removed from the Lot. Said reconstruction or removal shall be commenced within ninety (90) days
of loss and completed within six (6) months of loss.
g.l4 Rieht to Farm. Colorado is a'Right-to-Farm' State pursuant to C.R.S. 35'3'l0l,et
seq. Landowners, risidents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agriculrural operations as a norrnal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All must be prepared to encounter
noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public
roads, storage and disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides and pesticides, any one or more of which may naturally
occur as apart of a legal and non-negligent agricultural operations.
9.15 Landowners Responsibilities. All owners of land, whether ranch or residence, have
obligations under State laws and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, ana other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as good neighbors
and citizens of the County. A good introductory source for such information is "A Guide to Rt[al
Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in
Carneta County. All boundary fencing located in the right ofway for County Road 300 or 309 shall
be removed and replaced at the expense of each affected lot owner in the event public road
improvonents are required.
K:\LI\AHEIPET\BATTLEMENICC&R'S.wpd 2l
9.16 Mineral Rishts. Mineral rights within Monument Ridge are owned by persons or
entities who are not owners of the property. Since potential for mineral exploration exists in the area'
all lot owners should be aware that it is possible that the owners of mineral rights may desire to
explore and/or extract minerals from the property in Monument Ridge. Ifthis should occur, property
owners are entitled to certain rights and protection under Colorado State law.
g.l7 Fire Protection. Monument Ridge is within the Grand Valley Fire Protection District
(GVFpD) and all houses built within Monument Ridge must comply with the rules, regulations, and
recommendations of the GVFPD. A storage tank at least 2,500 gallons in size must be provided for
residences 3,500 sq. ft. or less, with sprinkler systems optional. Residences larger than 3,500 sq- ft.
must provide both adequate storage and a sprinkler systern. Access for egress and defensible space
shallmeettheCSFSNFpe2gg standard. Sprinklersystans shall adheretoNFPA l3D andsupplied
from cistern. However, the applicant shall either provide the fire protection cisterns as part of the
domestic water delivery systetn, or shall provide a separate system.
ARTICLE X
ACCESS, WATER RIGHTS, AND SEWAGE DISPOSAL AIID EASEMENTS
10.1 Private Road Maintenance and Standards.
(a) Any Private Road in Monument Ridge serving two or more Lots shall be
maintained as gravel roads approximately twenty (20) feet wide. They shall be maintained to ensure
safe ease of ingress and egress. The maintenance standards for the Private Roads are those shown
below:
(i) The Private Roads are to be kept free of pot holes, ridges,
"washboards," and ruts.
(ii) Water runoffis to be controlled by regular grading as necessary.
(iii) Additional roadbase is to be brought in as necessary to meet these
standards or as agreed to by the Lot owners sharing the roads.
(iv) In the winter, snow removal will be contracted to provide for a road
surface substantially free of snow and ice. The Private Roads may be sanded on any inclines as
determined by the Association.
(v) Private Roads may be paved if approved by the Association.
O) WhenanyLotowner(hereafter"Member')determinesthatthePrivateRoads
are in need ofbeing rebuilt, repaired, improved, and/or maintained to the standards described above,
that Lot owner shall notiff the director of the road committee (if none has been elected, then the
K:\L IV\HEIPET\BAfi LEMENT\CC&RS.wPd 22
President of the Association). The rvritten notit-rcation shall describe the nature of the proposed
building, rebuilding, repairs, andior maintenance. The President shall call a meeting of the
Association not more than three (3) weeks after receipt of the rvritten notification, and not less than
seyen (7) days before the date of the notice to the members. The purpose of the meeting shall be to
detennine the need for work and/or to obtain bids for the proposed work. Any Lot owner may bring
a bid or bids. The Lot owners present shall vote on whether to do the repairs and work; if they so
decide, the Lot owners shall seiect the least expensivebid from a competent and qualified contractor.
The decisions of whether the repairs are needed and which bid to accept should be by majority vote
of those present. The Lot owners may give proxies to vote. The meeting may be adjourned to allow
further study or bidding of the repairs but no more than fourteen (14) days from the first meeting at
which time the Association must make a decision regarding the repairs.
(c) The Lot owners agree to cooperate and act reasonably and in good faith
regarding the need for rebuilding, repairing, or maintaining the Private Roads. In the event a Lot
owner believes the need, extent, and/or costs of rebuilding, repairing, or maintaining the Private
Roads are incorrect or unreasonable, the Lot owner may submit the matter to binding arbitration by
a mutually agreeable neutral person. If the members cannot agree on an arbitrator, the matter shall
be submitted tbr binding arbitration in accordance with the Colorado statute and the then existing
rules and regulations of the American Arbitration Association. The arbitration shall occur in Grand
Junction, Colorado. The cost of arbitration shall be borne by the Association. However, if the
arbitrator determines that one or more of the Lot owners has acted unreasonably, the Lot owner (or
those Lot owners) shall pay all costs of arbitration.
(d) The Association (or road committee, if one has been created), will estimate
the cost of yearly expenses of road maintenance, repair, and snow removal and include those
estimates in a yearly assessment. If funds collected for the maintenance of the Private Roads and
snow removal for the Private Roads are at any time not sufficient for payment of yearly expenses,
the parties may increase the assessment.
(e) Subject to the provisions of the Declaration, all members shall share equally
in all the costs and expenses of road maintenance and all costs and expenses of rebuilding, repair,
removal of snow, and improving the Private Roads. Each Lot owner shall be responsible for and
shall pay a share of the costs as described in the Declaration. However, the Road Committee and/or
the Association may elect to reduce the assessments for those Lot owners not using the'?rivate
Roads" (those members whose lots have direct access to a county maintained road).
(f) Any Lot owner shall be entitled to do emergency repairs and shall be entitled
to reimbursement. An emergency is defined as a condition which may contribute to property
damage or personal injury.
K:\Ll\t*lE I PET\BATTL EM ENT\CC&RS.wpd 23
10.2 Water Committee.
(a) A water committee shall be formed by the Association to administer the
operation of the ditches ancl to direct the maintenance of all ditches. All homeolvners who own Lots
which are irrigated (or rvhich the Association intends to irrigate) shall be members of this comminee
and the Director of this committee shall be a member of the committee. There may be seprate
commitiees for each u'ater right if the Association desires.
(b) Members of the Water committee shall have the right to enterproperty or all
lots thrc-rugh which the corresponding ditches pass to do maintenance or construction. Mernbers $'ho
are responsible for said maintenance or construction must give the homeowner where work is
intended to be performed at least three days notice of intent to pertbrm the work. Whenever possible
the Water Committee must try to accommodate homeowners so that Water Committee activities are
carried on at times convenient to the homeowners.
(c) Homeowners of lots not norv irrigated agree to co-operate in the construction
of neq. ditches which rvill carry irrigation water to as many lots as possible. All lot owners whose
lots are proposed to be crossed by irrigation ditches must agree to the locations of new irrigation
ditches frior to construction. Homeowners may not uffeasonably rvithhold approval for a proptrsed
ditch location if it is the only practical location rvhich would allorv irrigation water to reach his lot
and other lots downstream.
(d) Ten foot (10') wide easements shall automatically be created by the
construction of new irrigation ditches by the Association and the locations of these ditches shall be
documented by an amendment to the Declaration rvhich modifies Exhibit "B, o reduced copy of the
plat for Monument Ridge, to shos' all irrigation ditches then in use by the Association and its
members.
(e) In an emergency members may enter upon homeowners properry through
which any ditches subject to this Declaration pass to repair a ditch or to mitigate some water or ditch
related problem so as to minimize any damage. In such an emergency no notice shall be necessary
to the affected homeowners.
10.3 Domestic Water Ownership.
(a) All water rights for domestic water shall be owned by the Association. Lot
owners have ownership of and are entitled to use of domestic water by virtue of their mernbership
in the Association. All Lot owners of platted lots shall be entitled to equal amounts of domestic
water owned by the Association, except that Declarant shall own an equal share for each unplatted
and/or each unsold Lot (of those Lots shown on Exhibit "B" or any amendment thereof).
K:\LIV\HEIPET\BATTLEMENT\CC&R S.uPd 24
(b) The Association shall be the owner and obligee of the water augmentation
plan rvhich covers the property described in Exhibit "A." The Association shall be the owner and
oUtig". of the contract tbr augmentation water u'ith the West Divide Water Conservancy District.
(c) Individual Wells. All wells tbr domestic water drilled or dug by Declarant
shall be owned by the Association. All well permits shall be owned by the Association and only the
Association shall apply for individual rvell permits although the homeowners shall pay for such
permits and all costs for drilling such additional rvells. Wells may be shared with other homeowners
at ttre sole discretion of the Association, although any such shared well costs shall be bome equally
among the homeowners using shared wells. The Association shall be responsible for maintenance
and operation of shared wells. If a central water s)'stem is constructed for the property described in
fxniUit ..A,,'the Association shall be responsible tbr the operation and maintenance which shall be
shared equally among lots serviced by such water system.
(d) Water Oualitv Monitorine. Each well shall be constructed in accordance with
State of Colorado Water Well Construction rules and regulations. Water quality tests shall be
performed based on any applicable Colorado Department of Public Health and Environmental
protection Agency standards for the service level assigned to each well. As a minimum the
Association will select one well within the subdivision that will be tested on an annual basis for;
bacteria, nitrates, pesticides and herbicides. The rvell selected for testing may change from time to
time.
10.4 ISDS Operation and Maintenance Standards.
(a) All individual sewage disposal systems shall be engineered as specified in
Section 9.1
(b) Responsibility. The owner and the party in possession of real property upon
which an individual sewage disposal system is used, shall be jointly and severally responsible for
operation and maintenance of the system unless jurisdiction for responsibility has been transferred
to a public, quasi-public, or political subdivision. The person denying such responsibility shall bear
the Lurden of proof for such denial upon establishment of ownership or possessor rights in the
property served by the sYstem.
(c) Service Label. For treatment plants utilizing mechanical apparatus or under
a service policy, a clearly visible, permanently attached label or plate giving instructions for
obtaining service shall be placed at a conspicuous location.
(d) Maintenance and Cleanins. If required by the Garfield County Health
Department, for the purpose of obtaining compliance with rules and regulations; the owner or user
of a systern shall prwide for maintenance and cleaning of an individual sewage disposal and shall
notifotheGarfield CountyHealth Departmentupon completion of anymaintenanceworkandreport
25KILMIEIPEflBATTLEMENICC&R S.wpd
to said Department and submit such evidence of compliance with any maintenance and cleaning
schedule in the tbrm and as the Department requires.
(i) The Association may adopt rules and regulations for the scheduling
of maintenance and cleaning of systans and practices adequate to insure proper functioning of
acceptable systems, and may require proofof proper maintenance and cleaning, pursuant to any such
schedules and practiccs, to be submitted periodically to thr'local department of healthby the owner
of the system.
pumpingorindividua,i;?.-#:':##,H;#l?l;$:mf::ffi ffi :JLTl":'"""J3.:l#:ili
costs of pumping systems maintenance shall be bome by each homeowner.
(e) Monitorine and SamPline.
(i) Reasonable periodic collection and testing by the local health
department of effluent samples from individual sewage disposal systems for which monitoring of
effluent may be required, in order to insure compliance with the provisions of its rules and
regulations, f,&y be performed not more than two times ayear, except when required by the health
officer in conjunction with an enforcement action.
(ii) Any owner or occupant of property on which an individual sewage
disposal system is located may request the local health department to collect and test an effluent
sample from the system. The local health department may perform such collection and testing
services.
(iii) If the Garfield County Health Departments collects and tests effluent
samples, a fee not to exceed that which is allowed by 25-10-101 et. Seq. (as amended) CR5. 1973'
maybe charged for each sample collected and tested. Payment of such charge may be stated in the
permit as a condition for its continued use.
(0 Disposal of Waste Materials. Disposal of waste materials removed from a
systern in the process of maintenance or cleaning shall be accomplished at a site approved by local
county officials in a manner which does not create ahazard to the public health, a nuisance or an
undue risk of pollution and which complies with state and local rules and regulations. (See Sludge
Regulations and Solid Waste Regulation.)
Rezulations. No sewage or effluent shall be permitted to be discharged into or upon the surface of
-ne grouna or into state waters unless the sewage system and effluent meets the minimum
requirements of applicable rules and regulation.
(e)
26K:\LIV\HEI PET\BATTLEMENnCC&R'S'wpd
(h) Termination ofUse of Svstem. The contents of a septic tank, vault. or seepage
pit, the use of ri'hich has been terminated. shall be properly disposed ofu'hereupon the emptied tank.
vault, or pit shall be filled with soil or rock, or the health ottcer may require the tank or vault to be
removed and disposed of properly.
(i) In the event that non-compliant surface effluent or surface discharge occurs
11om an ISDS rvhich has not been properll'maintained or periodically cleaned, the Association shall
have the right to enter the property and cause to be pertbrmed such maintenance or cleaning. The
cost of such maintenance and/or cleaning along with an1'fines for violation of this Declaration shall
become an assessment and if unpaid with 30 days a lien on the property of the homeowner in
violation.
10.5 Easements.
(a) Easements are described on the Plat of Monument Ridge, a reduced copy of
rvhich is shown on Exhibit "B." These easements have been and hereby are reserved for ingress,
egress, emergency access, drainage structures and utility purposes (water, sewer, electricity, gas,
cable TV, etc.). Easements may also be used for identification signs and landscaping by the
Association.
All parties are referred to the Plat for descriptions of all easements. Easements and rights-of
way as shown on the Plat are hereby reserved for the benefit of the Association and for the benefit
of each Lot orvner in Monument Ridge. This Plat is available from Declarant and each Lot owner
may receive a copy of this Plat at closing.
(b) Except for lot line utility easements, the Association shall have the
responsibilit,r- tbr maintenance and construction within the easements shown on the Plat. There may
be further easements filed at a later date under the provisions of the Declaration.
(c) There shall be utility easements along all lot lines in Monument Ridge as
shown on the Plat. These easements may be used by Xcel, Qwest, and any other utility provider for
the purposes of distribution of electricity, telephone, TV cable, gas and other utilities. All such
utilities in these utility easements shall be underground.
(d) Declarant has certain rights regarding easements and roadways as follows:
Declarant hereby reseryes, for himself and its successors and assigns, in all easements and roadways
within Monument Ridge an easement for ingress, egless, emergency access, drainage structures, and
utility purposes (water, sewer, electricity, gas, cable TV, etc.). These easements shall include the
right for Declarant and its successors and assigns to install, operate, maintain, repair, ranove, and
replace such temporary and permanent facilities as Declarant or its successors and assigns may
desire, including but not limited to the installation, maintenance, repair, removal, and replacanent
of identification signs and landscaping. These easement rights are for the benefit of each Lot owner
and Declarant and are also assignable by Declarant.
K: rLI\AHEIPET\BATTLEMENT\CC&R'S.wpd 27
(e) Declarant may, in its sole discretion. assign rights hereunder to third parties.
This right of assignment shall sun'ive for 5 (tive) years after Declarant no longer owns any Lots. If
Declarant assigns or grants easements, there may be no sharing of road maintenance costs or
Declarant may determine a reasonable proportion of road maintenance costs to be paid by grantees.
(0 In addition, Declarant reserves for himself and its successors and assigns the
legal use of all roadways and easements shown on the attached plat and for ingress, egress,
emergency access, drainage structures, identification signs, landscaping and utilitypurposes, (water,
,.*"i,electricity,gas,cableTV,etc.). TheDeclarant'srightsunderthisreservationmayalsobenefit
any properties adjacent to the properties covered by these covenants which may now be orvned by
or later purchased by Declarant or in which Declarant may later have a financial interest. If Declarant
exercises this right of assignment of additional easements, they will be perpetual easements.
(g) Declarant shallhave theright to create additional perpetual easements for'five
(5) years after he no longer owns any Lots. All easements created so must be in writing. Any
additional easements under this paragraph will be along lot lines and will not exceed 25 feetin width
and may be over existing easements at Declarant's option. These rights are also assignable by
Declarant and Declarant's successors and assigns. Declarant may, in its sole discretion, assign rights
hereunder to third parties who may or may not own property in Monument Ridge and who may own
property elsewhere. These easement shall be for ingress, egress, emergency access, drainage
structures, and utility purposes (water, sewer, electricity, gas. cable TV, etc.) and for the installation,
operation, maintenance, repair, and replacement of the roadrvay.
(h) No Lot owner will misuse, abuse or damage roads, common easements or
corTllnon areas.
ARTICLE XI
RIGIITS OF LENDERS
t l.l Filing Notice: Notices and Approvals. A Mortgagee shall not be entitled to receive
any notice which this Declaration requires the Association to deliver to Mortgagees unless and until
such Mortgagee, or its mortgage servicing contractor, has delivered to the Board a written notice
stating that such Mortgagee is the holder of a Mortgage encumbering a Lot within the Property. Such
notice need not state which Lot or Lots are encumbered by such Mortgage, but shall state whether
such Mortgagee is a First Mortgagee. Wherever the approval of all or a specified percentage of
Mortgagees is required pursuant to this Declaration, it shall be deemed to mean the vote or approval
of all or a specified percentage only of those Mortgagees which have delivered such notice to the
Board. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is
conditioned on aspecific writtenrequestto theAssociation, in additionto having thenoticeprovided
in this Section, a Mortgagee must also make such request, either in a separate writing delivered to
the Association or in the notice provided above in this Section, in order to be entitled to such right.
Except as provided in this Section, a Mortgagee's rights pursuant to this Declaration, including,
K:\LIV\HEIPET\BATTLEMENICC&R'S.wpd 28
without limitation, the priority of the lien of Mortgagees over the lien of Assessments levied by the
Association hereunder shall not be aft'ected by the tailure to deliver a notice to the Board. Any notice
or request delivered to the Board by a lvlortgagee shall remain effective without any further action
by such Mortgagee tbr so long as the facts set forth. in such notice or request remain unchanged.
ll.2 Relationship with Assessments Liens
(a) The lien provided for in the Article hereof entitled "Nonpayment of
Assessments" for the payment of Assessments shall be subordinate to the lien of any Mortgage
which was recorded prior to the date any such Assessment becomes due.
(b) If any Lot subject to a monetary lien created by any provision hereof shall be
subject to the lien of a Mortgage: (1) the foreclosure of any lien created by anything set forth in this
Declaration shall not operate to affect or impair the lien of such Mortgage; and (2) the foreclosure
of the lien of said Mortgage, or sale under a power of sale included in such Mortgage (such events
being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair the lien
hereof, except that any persons who obtain an interest through any of the Events of Foreclosure, and
their successors in interest, shall take title free of the lien hereof or any personal obligation for said
charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the
lien hereof for all said charges that shall accrue subsequent to the Events of Foreclosure.
(c) Any Mortgagee rvho obtains title to a Lot by reason of any of the Events of
Foreclosure, or any purchaser at aprivate orjudicial foreclosure sale, shall take title to such Lot free
of any lien or claim for unpaid Assessments against such Lot which accrue prior to the time such
Mortgagee or purchaser takes title to such Lot, except for liens or claims for a share of such
Assessments resulting from a pro rata reallocation of such Assessments to all Lots within the
Property.
(d) Nothing in this Section shall be construed to release any Owner from his
obligations to pay for any Assessment levied pursuant to this Declaration.
ARTICLE XII
INSURANCE AI\D FIDELITY BONDS
l2.l Insurance. The Association shall carry any and all insurance coverages required by
the CCIOA.
12.2 Corporate Employees. If any Owner or Association employee controls or disburses
Association finds, the Association must obtain and maintain, to the extent reasonably available,
fidelity insurance in an aggregate amount equal to not less than two months of current assessments
plus reserve calculated from the then-current budget of the Association.
K:\Ll\AHEI PET\BATTLEMENT\CC&R'S.wpd 29
12.3 Independent Contractors. Any person employed as an independent contractor by the
Association tbr the purposes of managing the Association must obtain and maintain fidelity
insurance in that same amount unless the .\ssociation names such a person as an insured employee
in a contract of fidelity insurance described above.
12.4 Additional Coveraee. The Association may carry or require of an independent
contractor employed to manage the Association fidelity insurance coverage in an amount greater
than that specitied in this section.
12.5 Commons Expenses. Premiums for insurance required by the Association under this
provisions are Common Expenses of the Association.
ARTICLE XIII
SPECIAL DECLARANT RIGIITS
13.1 Addition and Withdrawal of Property. Additional parcels within the area described
in Exhibit "A." attached hereto and incorporated herein, may be annexed by the Declarant without
the consent of the Members within eight 18) years of the date of this instrument and Declarant may
create from said properly described in Exhibit "A" a maximum of 25 additional lots.
13.2 Special Declarant Rights. Declarant reserves all special declarant rights available
under CCIOA. currently defined at Section 38-33.3-103(29), C.R.S.
13.3 Assisnment by Declarant. Except as restricted by CCIOA or other applicable law,
Declarant ma-"- assign (from time to time) some or all of Declarant's rights or obligations under this
Declaration to any other person or entitl' and, upon such assignment, shall be relieved from any
obligation or liability assigned.
13.4 Sales Office and Models. Despite anything to the contrary stated elsewhere in this
Declaration, the Declarant may maintain a sales and/or management office and model homes on the
Property. The office may be located on any Lot owned by Declarant and may be relocated to any
other Lot owned by Declarant from time to time, at Declarant's sole discretion. If Declarant ceases
to own any Lot, Declarant shall have a period of thirty (30) days in which to remove the office
described above from the Properry. The Declarant may maintain one or more signs on the Common
Area or Lots owned by Declarant for the purposes of advertising the Property and the sales of Lots.
The provisions of this section shall control in the event of any conflict with any other provisions
contained in this Declaration.
ARTICLE XTV
GENERAL PROVISIONS
l4.l Rules and ReEulations. The Association shall have the right to impose rules and
regulations upon the Owners concerning use ofthe Common Area, Association Water, and any other
KlLlllHEIPET\BATTLENIENICC&R'S.wpd 30
Association property; provided, all rules and regulatit'rns shall apply equally and uniformly to all
Lots and Orvners.
1,4.2 Enforcement.
(a) The Association or the Owner (including Declarant) of any Lotmay enforce
any provision of this Declaration in an action at law or in equity. The relief sought may include
damages (including, for example, consequential and incidental damages) for any violation, or
injunctive relief, or both. This listing of possible remedies is not exclusive. It is the intent of the
Declarant that the Association or an Ow'ner may obtain any relief available under the then applicable
law or the provisions of this Declaration tbr violation of any provision ofthis Declaration. Al[ such
rights and remedies shall be cumulative.
(b) In anylitigation orotherproceeding concerningenforcement orinterpretation
ofthis Declaration, the prevailing party shall be entitled to recovetr reasonable attomey fees and court
costs, in addition to any other relief available to that party.
14.3 Term. The provisions ofthis Declaration shall each constitute covenants running with
the land applicable to all of the Lots, binding Declarant and all persons and entities claiming by,
through, or under it for a period of twenry (20) years from the date of this Declaration. Thereafter,
this Declaration shall be automatically extended for successive periods of twenty (20) years each,
without action by or notice to any person or entity.
14.4 Amendment. Subject to theprovisions of Section 38-33 .3-217(l),(5) and (6), C.R.S.,
all or any portion of this Declaration other than the provisions of Article XII may be supplemented,
changed, or canceled in whole or in part at any time by the consent of 67 percent of the Lots
evidenced by an instrument in writing signed by all of the then Owners of the Lots in a manner
provided by law at the time for conveyance of real property, when that instrument is duly recorded
in the office of the Clerk and Recorder of Garfield County, Colorado. Upon recordation in that
manner, any modification ofthis Declaration shall be valid and binding upon the Owners ofthe Lots
and their heirs, personal representatives, successors in interest, and assigns
14.5 CCIOA Controls. Any provision of this Declaration in conflict with the provisions
of CCIOA shall be void and of no effect.
14.6 Notice. Any notice or demand required or permitted by this Declaration shall be in
writing and shall be sent by United States first-class mail, postage prepaid, to the address of the
Owner of the Lot(s) to receive notice at the address provided by the Owner for that purpose to the
secretary of the Association. If the Owner fails to provide an address to the secretary, notice shall
be sent to the address of the Owner specified in the deed recorded in the Garfield County, Colorado,
real estate records by which that Owner took title and to the street address of that Lot, if any.
31KIL I\AHEIPEflBATTLEIUENT\CC&R S.wpd
14.7 Section Headings. The section titles and headings used in this Declaration are for
identification purposes only and shall not be utilized to interpret or construe the provisions of this
Declaration.
14.8 Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall not affect any of the other provisions of this Declaration, which shall rernain in
full force and effect.
14.g Bindine Effect. The provisions of this Declaration shall be binding upon and for the
benefit of Declarant and each and all of its successors in interest and assigns.
14.10 Gender. Whenever reference is made to persons, unless the context requires
otherwise, words denoting the singular may be, and where necessary shall be, constnred as denoting
the plural number; and words of the plural number may be, and where necessary shall be, constnred
as denoting the singular number; and words of one gender may be and where necessary shall be
construed as denoting such other gender as may be appropriate.
l4.l I No Rieht Given to the Public. Nothing contained in this Declaration shall be deerned
to be a gift or dedication of any portion of the Property to the general public or for any public use
or purpose.
14.12 Applicability of Governmental Resulations. The covenants, conditions, and
restrictions contained herein are separate and distinct from any zoning, building or other law
ordinance, rule or regulation of Garfield County, or of any govemmental authority hav"ing
jurisdiction over the Property which now or in the furure may contain different requirements from
or in addition to those contained herein or which may prohibit uses permitted herein or permit use
prohibited herein In the event of any conflict between the provisions hereof and the provisions of
any suchlaw, ordinance, ruleorregulation, the Ownermustfirst complywith all governmental laws,
ordinances, rules or regulations and then to the extent possible, the Owner must comply with these
covenants, conditions, and restrictions unless such compliance would result in a violation of such
law, ordinance, rule or regulation, in which case, upon a finding that compliance herewith would
result in such a violation, the ACCO shall waive any such covenants, conditions, or restrictions to
the extent it results in such a violation, and in connection therewith, the ACCO may impose such
conditional covenants, conditions, and restrictions as maybe necessary to carry out the intent of this
Declaration.
KILIV\HEIPET\BATTLENIENT\CC&R S.Wfr 32
IN WITNESS WHEREOF.
above rvritten.
..DECLARANT''
STATE OF COLORADO )
coLrNTY oF JEFFE*''* ]tt'
2002.by
Colorado corporation.
WITNESS my hand and of;Ecial seal.
My commission expires:
Declarant has executed this instrument the day and year first
FOOTHILLS LAND & DEVELOPMENT, INC., a Colorado
corporation
By:
President
Notary Public
The foregoing instrument rvas acknowledged before me thi s
-
day o f
, the President of Foothills Land & Development,Inc., a
K:\LIV\HEIPET\BATTLEMENICC&R S.rpd 33
EXHIBIT 'A' (page I of 2)
EXEMPTION LOI 1 PROPERTY DESCRIPTION
A pARcEL oF LANo StTuArEo tN THE wll2swt/4sw1/4 OF SEcnON 17,
IgwNlHtp__7 souTH, RANGE 95 WEST OF'THE STXTH pnrNCrpl[ uenroraN,cgy!Tl oF -GARF|EL0, STATE OF COLORADQ SA|O PARCEL Oi ueNO-eirHcMORE PARTICULARLY OESCRIBEO AS FOLLOWS:
COMMENCTNC AT THE NORTHWEST CORNER OF SECION 20; IHENCEN 26'01'02" E I471.95 FEET TO THE WEST-CENTER SIXTEENTH CORNER0F SAl0_SECTION 17, THE POTNT OF BEctNNtNG: THENCE S OO.4l.l5. EALONG THE NORTH-SoUTH wEST-SIxTEENTH LINE a95,92 FEETI TxtNce
LEAVING SAIO SOUTH-SIXTEENIH LINE N 62'10'2I'W 656.50 FEET TO APCINT ON THE EASIERLY RIGHT-OF-WAY LINE oF coUNTY RoAo No. Joo:
THENCE N OO'40'04'' W ALONG SAIO EASTERLY RIGFIT-OF-WAY LINEIq1.A6 FEEI; THENCE CONIINUING ALONG SAIO EASTERLY RIGHT.OF-WAY
LINE N 00'47'31" w 192.04 FEET; THENCE CONTINU|NG ALONG SAIO
EASTERLY RIGHT-OF-WAY LINE N 02'29'07" W 69,99 FEET TO A POINTON THE EASI-WEST SOUTH-SIXTEENTH UNE OF SAIO SECIOTI iZJ -iXENCE
N 89'J9,I7.,E ALONG SAIO SOUTH.SIXTEENIH UNE 651.99 FEET iO THEpgrf_T gf BEGINN|NG; SAto PARCEL OF LAND CONTATNTNG S.+A, ecnes.MORE OE LESS.
EXEMPTION LOT 2 PROPERTY DESCRIPTION
A PARCEL 0F LAND STTUATED-tN J!_E vtl/25w1/4svt1/4 oF SECnON 17,TCWNSHIP 7 SOUTH. RANGE 95 WEST OF'THE SXTH PNTNCTPI.-UEiiOrEH,
COUNTY Of GARFIELO, SIATE OF COLORADOi SAIO PARCEL Oir.ENO---"'BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS:
:OMMENCING AT THE NORTHWEST coRNER oF SECTION 20; THENCEN l8'lO'15" E 1054.J4 FEET TO THE pOtNI OF BEG|NN|NG; THENCEs 00'41'15" E 375.14 FEET; IHENCE S 89.42.00'W 6J2.61 FEETTO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COU].JIY ROAOro. J00; THENCE N 00'06'55' w ALoNc sAro EASTERLYRIGHT-OF-IYAY LINE 505.87 FEET; THENCE CoNTINUING ALoNG SAID
EASTERLY RTGHT-OF-wAy L|NE N OO.4O'04" w 159.25 FEET; THENCE
:EAVING SAIO EASTERLY RIGHT-oF-wAY LINE S 82.10,21. E 656,50trEET TO THE POINT OF BEGINNING; SAID PARCEL OF LANO CiITITEININC6.085 ACRES. MORE OR LESS.
EXEMPTION LOT 5 PROPERTY OESCRIPTION
A pARcEL oF LANo STTUAIED_tN J!_E lvll2swt /4sw1/4 OF SECnON 17,IOWNSHIP 7 SOUTH, RANGE 95 WEST OF'THE SXTH FNTNCTPEI ULiiOrAN,CglIII OF GARFIELD, SI4TE OF COLORADO; SAID PARCE' OiTENO-IiErICMORE PARTICULARLY OESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTTON 20; IHENCEN 55'19'48" E lO54.J4 FEET TO THE pOtNT OF BEctNNtNG; THENCES OO'4I'I5" E 419.99 FEET TO A POINT ON THE NORTFIERLYRIGHI-OF-WAY LINE oF coUNTY RoAD No, 305; THENCES 87'58,02" W ALONG SAIO NORTHERLY RIGHT-OF.-WAY IINE IJ4.E5FEET: THENCE coNTINUING ALoNG SAIo NoRTHERLY RIGHT.oF--,AVUNEN B9'JJ'56" w 229.J8 FEET; THENCE CONTTNUTNG ALONC SAIONORIHERLY RTGHT-OF-wAy L|NE N 89.28,15. w Z2t.5g FEET; IHENCECONTINUING ALONG SAIO NORTHERLY RIGHT-OF-WAY LINE\ 88.08'58" W 48.99 FEEI TO A POINT ON THE EASTERLY.RICHT-OF-WAY LINE OF COUNTRY ROAO NO, JOOI TXENCC LEAVING SAID\oRTHERLy RrcHT-OF-wAy LrNE N 01 '5r',Ol' w luoNb*saro elsrenui -
RICHI-OF-WAY LINE 70.56 FEET; THENCE CoNTINUING ALoNc SAiD - .
iASIERLY RtcHT-OF-wAy L|NE N 00.06'53" W J45.54 FEEI; THENCE:[AVING SAID EASIERLY RIGHT-OF-WAY LINE N 89'42'OO" E 632.6i_tiET r0 THE POTNT 0F BEGtNNtNc; SAt0 pARCEL OF.LANO COUf-arNrNC. 1 ]2 ACRES, MORE OR LESS.
EXHIBIT 'A' (page 2 of 2)
REMAINING MONUMENT RIOGE PARCEL PROPERTY DESCRIPTION
A PARCEL OF LANO STTUATEO tN THE SEt/4SEt/4 OF SECnON 16, rHEe1/2NEt/4 OF SECTION 19, rHE w1/2Nw1'/4Nwi/4 AND rHE-
:.u/1I.!r/1_0F_ SECIoN 20, TOwNSHtp i SOurx, RANGE 9s mST OFTHE SIXIH PRINCIPAL MERIOIAN, COUNTY OF GARFIELO; iiNiE CJF'' -'
COLORAOO: SAID PARCEL OF LAND BEING MORE PINiiCUT.iNUV--
DESCRIBEO AS FOLLOV{S:
COMMENCING AT ITIE WEST QUARTER coRNER oF SECTIoN 20: THENCE
LEAVING THE WEST LINE OF SECIION 20 S E9'42'I3' W ALON6 rXE
_-
EAST-Ii€ST CENIERLINE oF sEcIIoN 19 I3I8.o9 FEET To_THE -
EAST-CENTER SIXTEENIH CORNER OF SECNON-]g;-TXCIICE'iEAVNG SAIDEAST.CENTER SIXTEENIH LINE N 00.45'26. tA, ALoNG IHENORTH-SOUIH EAST-SXTEENTH LINE OF SECTION Ig ZOiI.OI FEET TOTHE EAST srxrEENrH coRNER or secnoNjig iNo rg; rxEnce-' '-
N-OO'4O,OO' W ALONG THE NORTH-SOUIH EAST.SIXTEENIH LINE OFlqqloN l8 1320.81 FEET TO THE SOUaEASiSrxreeNii cocr.iEn-brSECTION 18; IHENCE LEAVING SAID NORIH.SOUU EISi SiXrEiruirilrNEN 89'55,59" E ALONG ]HE EAST-WEST SOUTH-SIXTEENIH LINE OFSAIO SECTION lE IJ2O.54 FEET TO THE SOUTH
-SrXrCErIrX
CONHEN Or
lE-c!oN! l7_aN0 l8; TtllNcE N 8919,17, E ALONG THE EAsT_wESisourH-STxTEENTH L|NE OF SECION 17 30.02 rEEr ro l Fofi,rr oi-lxeEASTERLY RIGHT-OF-WAY LINE OF COUNTY NOEO NO.-StJOi iiiNii '''-
9_9_2'29',07" E ALONG SA|O EASTERLY RtcHT_OF_wAy L|NE 69.99FEET: THENCE coNnNUING ALoNG SAIo EASTEiLY arox}._or:,iIev r-rNeS 00'47'51" E 192.04 FEET; THENCE CONINU|NG ALONG SA|OqISTERLY RTGHT-OF-WAY_LqrE S OO.4O,O4. E t41.46 FEET; THENCECONTINUING ALONG SAID EASTERLY RIGXT-Oi-WAV UruES 00'40'04' E 159,25 FEET; THENCE CONTTNUTNG ALONG SA|D
EASTERLY RIGHT-OF-WAY-LINE S 001)6'55' E 305,87 FEET; THENCECONTINUING ALONG SAIO EASTERLY RIGHT-Oi-WAY LINES 00'06'55" E J45.54 FEET; IHENCE CONTtNUtNc ALONG SAto
EASTERLY RIGHT-OF-WAY UNE S OI'51'OI' E 70.56 FEET TO APOINT ON THE NORIHERLY RIGHT-OF-WAY LINE-Oi COUHTV-NIirc NO.JOJ-; THENCE S E6'08'58' E ALONG SAIO NORTHERLY RIGHT-OF-WAYLINE 48.99 FEET: THENCE CONNNUING ALONG SAIO NORiHERLiRIGHT-0F-wAY L|NE S B9Z8'15' E 22t.59 FEET; THENCE
CONTINUING ALONG SAIO NORTHERLY RIONT-OF.WIV TINES 89'3J'58" E 229.3e FEET; THENCE CONTINUTNG ALONG SAIDNORTHERLY RIGHT-OF-WAY LINE N 87'58'02' E IJ4.E5 FE€I:THENCE LEAVING SAIO NORTHERLY RIGHT-OF-IEY UNE! ^00_47 91" E 60.01 FEET TO A pOtNT ON THE SOUTHERLYRIGHT-OF-WAY L|NE OF COUNTY ROAO NO. SOS; rxeNCes 00'52'47" E l29o.r4 FEET TO THE WEST_CENiUn NORUmsr
SIXTY-FOURTH CORNER OF SECTTON 20; THENCE N 89?6'St; E665.95 FEET TO THE NORTHWEST SIXTEENIH CONHCNbiSiCNbru ZO;THENCE SOl'04'IE' E I52I.9E FEET TO T}IE WEST.CENIER SIXTEENIH
!O.!N-E! OJ_S_EqION 20; II|ENCE S 89.54,45. w lJ4O.75 FEET TOTlE-POINT OF BEGINNING; SAID PARCEL OF LAND CONirrNIr.rC-rAi.grAACRES, MORE OR LESS.
E-xl{tbtT B
EXEMPNON
A PARCEL OF IAND STTUATED tN THE unSUlGWx oF sEcTroN t?, sE,6sE|( or sEcTloN 18. E)6NE'6 OF SECTION t9,
ultNrY'4NUl( AND rHE swr/4Nwr'/4uoP s3?t3l-f'?',J:Si#t;33Y[Hi#*"8 e5 wESr ot'rHE 8rH P'u'
SHEET 2 OF 2 -.<#--+
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ltt,
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6nqn ggnlns (ot s.tLTArtt
P.O. Box 1908
10O5 Cooper Ave.
Glenwood Sprlngs,
co 81602
(97O) 945-5700
(970) 945-1253 Fax
April 1 0,2002
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Monument Ridge Subdivision Exemption
Dear Mark:
This report represents the findings of the water supply investigations performed by
Zancanella and Associates, lnc. forthe proposed Monument Ridge Subdivision Exemption.
Figure 1 shows the general location of the property and the approximate location of Wells
#2,#5,#8,#18 and #19 designated to serve the five exemption lots. lnformation contained
in this report covers estimated future domestic water uses for the five lots, the legal supply,
wel! pump test results, and water quality.
Water Requirements
Table 1, attached, establishes the diversions and consumptive use for the proposed 5 lot
subdivision exemption. We have assumed that each EQR will represent 3.5 people using
100 gallons of water per person per day. We have also included 2 livestock units per lot
in the water service plan. For our calculation we have presumed that water will be diverted
to irrigate up to 2500 square feet of lawn or other equivalent outside uses at each lot.
Legal Supply
As can be seen from Table 1, the subdivision exemption will divert an average 3.06 AF
annually, and consumptively use 1.11 AF. The peak month of July would require a
continuous average diversion of 2.8 gpm for all five !ots. The subdivision is located within
Area A of the West Divide Water District and is eligible for the District's temporary
exchange plan approved by Garfield County and the Colorado Division of Water
Resources. A contract from the West Divide District for up to 20 EQRs for a total of 4.90
acre feet, including transit losses, has been approved by the District. A copy is attached.
Copies are also attached of the well permits for each of the 5 wells in the proposed
exemption.
Phvsical Suoolv
The Monument Ridge Subdivision Exemption will be served by individual wells for each lot
and will be operated as a non-community water supplies as defined by the Colorado
Department of Public Health and Environment. Monument Ridge Wells #2,#5, #8, #18
and #19 were completed by Shelton Drilling Corporation. Copies of the well construction
reports are attached. We have also attached graphica! representations of the wel!'s
construction details as Figures 2 through 6. The table below lists the permit numbers and
Iocations of the wells. The well permits are attached for your reference.
MONUMENT RIDGE SUBDIVISION EXEMPTION
WELL SUMMARY
Well#Lot #
Lot
Acreaqe Permit #
40
Qtr
1 60
Qtr Section TWP RGE P.M.FNL FSL FEL FWL
2 E2 6.14 56566-F 650 450 SW 17
19
7SE 95W
05il
6th
6ih
5 E4 81.54 56569-F 620 910 NE NE8E597.66 ooo/z-t-zz^)1200 SE NE 19 7S 95W 6th18E36.13 56582-F 3U0 300 SW SW 17 7S 95W 6th19E16.15 56583-F 1000 420 SW SW 17 7S 95W 6th
Pump tests of Monument Ridge wells #2, #5, #g, #1g and #1g were conducted bysamuelsol f',p.company utiiizing an electric submersible pump and a generator. Thepump test information is summarized in the tabte oetow.
MONUMENT RIDGE SUBDIVISlON EXEMPTION
PUMP TEST SUMMARY
Well#Lot Served Test Date(s)
Rate
(spm)
Max.
Drawdown
(ft)
Test
(hr)
Recovery
(min)
2 E2 10t29t01 14.3 5.80 4.0 205E41t7t0212.0 2.31 4.0 20IE51t8to214.3 16.21 4.O 5018E32125t0213.6 7.58 4.O 519E12127tO214.3 5.81 4.O 5Total68.5
The wells were pump tested at rates of between 12.0 and .14.3gallons per minute (gpm).They were each pumped continuously for 4 hours. The drawdown and time data for thefive well tests were collected during the tests ano aL presented in Tables 2 through 6. wehave plotted the results of the teits in water level versus time curves on the attachedFigures 7 , 9, 11 ,13 and 15. The maximum drawdown during the tests are shown in theabove table' The wells all were still showing , rrril amount of drawdown at the end of 4hours, but appealed t9 have nearly stabilizei at their respective pumping rates. projectingthe drawdown rate, all of the wells would be able to pump continuously for several days.
Recovery data for the wells following the pump tests were collected for a the time periodslisted in the above table. The recovery data are listed, along with the test data, in Tables2 through 6' The recoy"ry data plotted as residual drawdow-n are shown in Figures g, 10,12, 14 and 16. Based on the residual drawdown "rr"r, all five weils displayed normalrecovery characteristics.
. The pump tests indicate that the wells wilt prooaoly be able tooperate for extended periods at their respective test rates and will each be adequate toserve a single family residence.
Watef Quality
water samples were collected during the pump tests and sent to various laboratories forindependent analyses. All five wells were iested for cotifom or.t"ria by the statelaboratory in Grand Junction. These analyses showed that coliform bacteria were absentin each of the S wells.
-
Well #2 (Lot E2) was tested for inorganic chemicals, nitrates/nitrites and for corrosivityparameters by Evergreen Analytical Laboratories. Wells #S (Lot E4) and Well#g (Lot ES)
ryere analyzed for the same elements by ACZ Laboratories. Resutts of the tests, onColorado Department of Public Health and Environment (CDPHE) forms, are attached.They show that all potential contaminants for which these wells were tested were belowthe Maximum contaminant Levels (McL) as established by the cDpHE.
Well.#19 (!ol E3) and Well#19 (Lot El)were tested fortotat dissotved sotids (TDS) andfor nitrates/nitrites at Grand Junction Laboratories. Both wells tested below the MCL fornitrates/nitrites. There is no MCL forTDS. Copies of allof the faO analyses are attached.
lf you have any questions, please call our office at (g7o) g4s-5700.
Very truly yours,
Zancanella and Associates, tnc.
p.-+ n 2,. .,".ilqThomas A. Zancanella, p.E.
Attachments
cc: Peter Heineman
Z:\21 000\21 802 Monument Ridge Sub\Bean-WaterSupply-ExempFinal.wpd
3
R95W
Sod. h Fct
PROJECT LOCATION MAP MONUMENT RIDGE SUBDIVISION
EXEMPTION
Table 1
Monument Ridge Subdivision Exemption
Estimated Water Requirements
# of Residences S.O uni6
# personVresidence 3.5 cap/unit
# gallonVperson/day 100 SpcdPercentConsumed llyolnigation 2500 sq-fl/unit
APplication Efiiciency 7oo/o
# of Commercial Units O.OpersonYunit 3.5
# gallons/person/day 100 Spcd
Percent Consumed 11o/o
Lawn lnigation 2500 sq-fl/unit
Application Efficienry tOo/o
Pond Surface Area 0.OO acres
Annual Net Evaporation 2.91 fr
Livestock @ lsgayday 2.00 unitVre
# gallons/daylunit 15.00 gallons
lnigated Open Space 0.00 acres
APplication Efficiency 70o/o
Water Use Calculations
(1) (2t (3 iDornestic Cornmercial DornlComm Open Space Livestock Averalln{rouse ln-house lrrigation lrrigation Total Flow
(8) (e) (io)m
Domestic Commercial Dom\Comm Open Space Livestockln.house ln*touse lrrigation lrrigation Total
(14)
Average
Flow
January
February
lrlarch
April
May
June
July
August
September
October
Nwernber
December
Annual
o.17
0.15
o.17
0.16
o.17
0.'t6
0.17
o.17
0.16
0.17
0.16
0.17
1.96
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.08
0.13
0.19
0.20
o.'17
0.12
0.05
0.00
0.00
0.93
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0't
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.0'l
0.17
0.18 1.3
0.16 1.3
0.18 1.3
0.25 1.e
0.31 2.2
0.36 2.2
0.38 2.o
0.35 2.6
0.29 2.2
0.23 1.6
0.17 1.3
0.18 i.3
0.02
0.02
0.02
0.02
0.02
0.o2
o.02
0.02
o.02
0.02
0.o2
0.02
029
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.05
0.09
0.13
0.14
0.12
0.08
0.03
0.00
0.00
0.6s
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.01
0.01
0.01
0.01
0.01
0.0'l
0.01
0.01
0.01
0.01
0.01
0.ot
0.17 1.11
0.04 0.3
0.04 0.3
0.04 o.s
0.09 0.7
0.13 o.s
0.17 1.3
0.18 1.3
0.16 1.2
0.12 o.s
0.07 o.s
0.04 0.3
0.04 0.3
o3t25t02 ZANCANELLA & ASSOCTATES, tnc.EQRUSE-EXEMPSLoIs. 123
-
GRT]UNI)
LEVEL
-1'TE 32'7' B,D. PLAIN STEEL
0,240' UALL CSG
CEMENT 10' TE 30'
0' T0 32'9' DIA, HT]LE
32'TE 140'
6.5' DIA, HTII-E
e0, TE 95'
5,5' E,D. PVC
0,e50, VALL CSG
STATIC lrrATER LEVEL 95.00,
DN ECTBBER A9, 2OO1
95' TE 140'5.5' E.I'. PVC
0.e50, uAt_l_ PERF CSG
TT]TAL DEPTH 140'
VI]LCANIC RI]CKS,
GRAVELS, CLAYS
WELL #2, LOT E2
U'ELL DETAIL
MONUMENT RIDGE SUBDIVIS]ON
.EE-!grE- rcc^Et
-l', TO 40'7' E,D, PLAIN STEEL CSG
0,240 VALL THICKNESS
0' to 40'
HULE DIAMETER = 9,
CEMENT 10' Tt] 40'
23' TE lar
5.5' T].D. PVC CSG
O.EsO VALL THICKNESS
STATIC VATER LEVEL2 99,?' trN 2/25/0?
40' to 145'
HIILE IIIA!{ETER = 6,5,
120' TE 145'
5,5' E.II. PVC PERF CSG
O.EsO VALL THICKNESS
TUTAL DEPTH = 145,
TI'ELL #18, LOT tr._3
VVELL DETAIL MONUMENT RIDGE SUBDIVISION
FGtmEt[-tom
VT]LCANICS
VTILCANIC I
CLAYS, GRA
-1', TE 40,7' D,D, PLAIN STEEL CSG0.240 VALL THICKNESS
O' to 4O'
HTILE DIAMETER = 9,
CEI,{ENT 10' TE 40,
??, Ttr IO?'5.5' tID. PVC CSG
0,250 UALL THICKNESS
STATIC VATER LEVEL? 96,?, trN ?/?7/O?
to?, TO 142'5.5' E,D. PVC PERF CSG
O.EsO VALL THICKNESS
4O' to L4?,
HULE DIAI,{ETER = 6.5,
U,ELL #19, LOT #E_1
I,VELL DETAIL MONUMENT RIDGE SUBDIVISION
FIGI,,RE NO.
4
GROUNI]
TETAL ITEPTH = 95,
VOLCANICS
-1', TE 40'7' A,D, PLAIN STEEL CSG0,240 YALL THICKNESS
STATIC VATER LEVELe 50.3, trN L/7/O?
0'to 40'
HELE DIAI,IETER = 9'
CEI.IENT 10, TE 40,
35'TE 65'5,5' E.D. STEEL CSG
0.188 VALL THICKIIIESS
65' TE 95,
5.5' E,II. STEEL PERF CSG0,188 VALL THICKNESS
40'to 95,
HtrLE IIIAIIETER = 6.5.
WELL #5, LOT
't6
DETATL MONUMENT RIDGE SUBDIVISION
RGT'RE NO.
-5
GRI]UNI)
VTILCANICS
GRAVELS
TERTTARY
VASATCH
FER}IATITIN
-1' TE 40,7' OJJ,, PLAIN STEEL CSG0,240 VALL THICKNESS
STATIC VATER LEVELe 52.0, EN Ve/o?
0' to 40'
HELE IIIAI,|ETER = 9,
CE}ENT 10' TE 40'
34', TE 100,5.5' OJI. STEEL CSG
0.188 VALL THICKNESS
40' to 115,
HBLE IIIAI,IETER = 6.5,
100, TII 114'5.5'OJI. STEEL PERF CSG0.188 VALL THICKNESS
IIEPTH = 115,
tl,ELL #8, LOT #1't DETATL MONUMENT RIDGE SUBDIVISION
FIGI'RE NO.
6
Job No.:
Client:
Test By:
Analysis By:
TABLE 2
Pump Test Data
Well lD: Monument Ridge - Well2 (Lot E2)
21802
Monument
Samuelson
Q=
r=
S.W.L. =b-
Time/Dateon: tozglot 1:00 pM
Time/Date off: tuzstol 5;00 pM
Test Length : -f ooI.o-- total time
gpm
ft
ft
ft
14.3
M.P,
TIME
Time
(minutes)
W.L. Measurement Drawdown
(feet)
o
(spm)
t'
(mlnutes)
ut'(feet)(lnches)
101291011:00 PM 0 95.00 0 SWL 12
1Ol29lO11:01 PM 1 98.39 0 3.39 12
1Ol29lO1 1:02 PM 2 98.77 0 3.77 12
1Ol29lO1 1:03 PM 3 98.92 0 3.92 12
10129101 1:04 PM 4 99.09 0 4.09 12
101291011:05 PM 5 99.18 0 4.18 't2
10129101 1:08 PM I 99.30 0 4.30 12
10129101 1:11 PM 11 99.30 0 4.30 't2
101291011:15 PM 15 99.32 0 4.32 13
10129101 1:20 PM 20 99.88 0 4.88 14.3
1Ol29lO1 1:37 PM 37 100.25 0 5.25 14.3
10129101 1:50 PM 50 100.32 0 5.32 14.3
101291012:03 PM 63 100.39 0 5.39 14.3
101291012:33 PM 93 100.48 0 5.48 14.3
101291013:06 PM 126 100.57 0 5.57 14.3
101291014:03 PM 183 100.75 0 5.75 14.3
1Ol29lO15:00 PM 240 100.80 0 5.80 Stop Pumping
1Ol29lO15:01 PM 241 96.72 0 1.72 0 1 241101291015:02 PM 242 95.68 0 0.68 0 2 121101291015:03 PM 243 95.41 0 0.68 0 3 81101291015:06 PM 246 95.27 0 0.41 0 6 411Ol29lO15:10 PM 250 9s.32 0 0.27 0 10 2a101291015:15 PM 255 95.3s 0 0.32 0 15 171ol29l015:20 PM 260 95.31 0 0.35 0 2A 13
3t22t02 Zancanella & Associates. lnc.Wel12PunpTcst
Figure Z
4-Hour Pumping Test - l0t}gt}l
Monument Ridge - Well #2 (Lot E2l
100
! tme
Li, 60E
oJ
l-oE80
=
100,000
c1w2
Zancanclh & Acrochhc, lnc.Well2PumpTest
Figure 8
Recovery Following 4-Hour pumping Test - 1ot2gto1
Monument Ridge Weil 2 (Lot E2)
Recovery as Residual Drawdown
o
oJ4t
(,
fl
GfloE6(
elt
flo,t 80
tr
'o
E 100
g
o
41082
Zancanella & Aseoclatss, lnc,Wd12PumpTest
Job No.:
TABLE 3
Pump Test Data
Well lD: Monument Ridge Well #S - Lot #6
21802
Monument
o-
r=
S.W.L. =[=
Time/Date on:
Time/Date off:
Test Length:
50.3
1171022:5OPM
1fl/02 6:50 PM
4:00:00 totaltime
gpm
ft
ft
ft
12
Test By:
Analysis By:
M.P. =
Samuelson
TIME
Time
(minutes)
W.L. Measurement Drawdown
(feet)
o
(oom)
t'
(mlnutes)
ut'
(feet)(inches)
1l7lo2 2:5O PM 0 50 4 SWL I
1l7lO22:51PM 1 51 11 1.00 I
1171022:52PM 2 52 0 1.67 I
1l7lo22:53 PM 3 52 0.75 1.73 9
1l7l022:54PM 4 52 2.5 1.88 10.7
1l7lO22:55PM 5 52 2.75 1.90 10.7
1l7lO22:56PM 6 52 3.5 1.96 11
1l7lO2 2:58 PM 8 52 4.2s 2.02 11
1l7lO23:OOPM {0 52 4.5 2.04 11
1l7lO23:O2PM 12 52 6 2.17 12
1171023:O5PM 15 52 6.5 2.21 12
1l7lO23:10 PM 20 52 6.5 2.21 12
1l7lO2 3:20 PM 30 52 6.5 2.21 12
1171023:3O PM 40 52 6.75 2.23 12
1l7lo23:40 PM 50 52 7 2.25 12
1l7lO23:5O PM 60 52 7 2.25 12
1171024:2OPM 90 52 7 2.25 12
1l7lO2 4:50 PM 120 52 7.25 2.27 12
117102 5:50 PM 180 52 7.5 2.29 12
1fi1426:5OPM 240 52 7.75 2.31 Stop Pumping
1l7lO26:51PM 241 50 10.5 0.54 0
1l7lO26:52PM 242 50 6.5 0.21 0 2 121
1171026:53PM 243 50 5.75 0.15 0 3 E1
1l7lO26:54 PM 244 50 5.75 0.15 0 4 61
1l7lO2 6:55 PM 245 50 5.5 0.13 0 5 49
1/7/02 6:56 PM 246 50 5.5 0.13 0 6 41
1l7lO26:58 PM 248 50 5.5 0.13 0 8 31
117lO27:0O PM 250 50 5.5 0.13 0 1C 2a
1171027:O2PM 252 50 5.5 0.13 0 12 21
1171027:07 PM 257 50 5.5 0.13 0 17 15
1171027:10 PM 260 50 5.5 0.13 0 2A 13
4t10t02 Zancanella & Associates, lnc.Well5PunpTest
Figure g
4-Hour Pumping Test - 01t07t02
Monument Ridge Well #5, Lot #6
€+o
o
oJ
Lo+,G
3
Time min 1,000 10,000 100,000
---r----I-I------II ----------II--
-3min, e =9gpm -9min,Q=11gpm min to end of test,
4110t02 Zancanella & Assoclates, lnc.Well5PumpTest
Figure 10
Recovery Following pumping Test - AilOllOz
Monument Ridge Well #5, Lot 6
Recovery as Residuat Drawdown
a2(
oJ
(.)
fl(E
{r,o
E4aoLIL
rPoolt
tr60
3ot
=GLo
4noE2 Zancanelh & Aesoclet€8, lnc.WdlSPumpTest
TABLE 4
Pump Test Data
Well lD: Monument Ridge Welt #8 - Lot #11
21802 o-14.3
r= ft
s.w.L. =-Ed-n
Analysis By:
11810211:45 AM
1l8l023i45PM
4:00:00 totaltime
[=
Time/Date on:
Time/Date off:
Test Length:
TIME
Time
(minutes)
W.L. Measurement Drawdown
(feetl
o
(qpm)
t'
(minutesl
Ut'
(feet)(inches)
11810211:45 AM 0 52 0 SWL 14.3
11810211:46 AM 1 57 10 5.00 14.3
11810211:47 AM 2 59 1.5 7.13 14.3
11810211:48 AM 3 59 6 7.50 14.3
11810211:49 AM 4 59 7 7.58 14.3
11810211:50 AM 5 s9 9 7.75 14.3
11810211:51 AM 6 s9 11 7.92 14.3
11810211:53 AM 8 60 3 8.25 14.3
11810211:55 AM 10 60 6 8.50 14.3
11810211:57 AM 12 60 8.75 8.73 14.3
1lElO212:OO PM 15 61 0 9.00 14.3
1lElO212:05PM 20 61 6 9.50 14.3
11810212:15PM 30 62 3.25 10.27 14.3
1l8lO21:45 PM 120 66 8.2s 14.69 14.3
1l8lO22:45PM 180 67 6.5 15.54 14.3
1181023:45 PM 240 68 2.5 16.21 Stop Pumpino
1l8lO2 3:46 PM 241 61 10.5 9.88 0
1l8lO23:47 PM 242 61 0 9.00 0 2 121
1181023:48 PM 243 60 9.5 8.79 0 I 811181023:49PM 24 60 I 8.67 0 4 61
1/8/02 3:50 PM 245 60 5.5 8.46 0 5 4S1l8lO23:51PM 246 60 4 8.33 0 6 41
1/E/02 3:53 PM 248 60 1.5 8.13 0 I 31
1/8/02 3:55 PM 250 59 11.5 7.96 0 10 25
1181023:57 PM 252 59 10.25 7.85 0 12 21
1l8lO24:OOPM 25s 59 7.25 7.60 0 15 17
1l8lo24:O5PM 260 59 3 7.25 0 20 13
1l8lO2 4:15 PM 270 58 7 6.58 0 30 o
1l8lO24:25PM 280 58 0 6.00 0 40
1/8/02 4:35 PM 290 57 5 5.42 0 5C €
4l10to2 Zancanella & Associates, lnc.WellEPunpTest
Figure 11
4-Hour Pumping Test - Oll0gl02
Monument Ridge Well #8, Lot #11
f*.
E
oi60o+,
.E
3
100,000
4t10t02 Zancanella & Assoclates, lnc.WellSPumpTest
Figure 12
Recovery Following Pumping Test - 0ltilgt02
Monument Ridge Well #8, Lot il
Recovery as Residua! Drawdown
10 100 1,000 10,000 100,000
A20
o
oJ
(,
E40rHo
EoEtoooo5
tr!
€80
=GLo
ft
100
410/02 Zancanella & Assoclates, lnc.
TABLE 5
we, rD: uorrr"ntlil#|ffiJ,?;9,
21802
-
Client lonumeniEiAil-testey;ffiAnalysisBy:ffi
Job No.:o - 13.6 gpmr= ft
S.W.L. =--9'87--fto= ft
Time/Date on:-86866ffiTime/Dateoff:ffi
r esr Length:_4:00:00 total time
4t10t02
-
TIME
Tlme
(mlnutes)
W.L. Measuremeli Drawdown
(feet)
o
(spm)
t'
(mlnutesl
ut'(inches)
2
3t4
2125102 3:00 pM o 98
105425t02 3:01 pM 1
SWL 13.6
!11502 3:02 pM 13.62103115.75
6J5
2125102 g:03 Pttt-3 104m 3 314
13.6
2l25lo2 3.nr'. pnJ 4 13.651t26 29.13.6t):UO TIVI 104
104
71t4{iii 6.44425102 3:06 pM 6 13.6
Wl02 3:08 pM 6.52 13.66104
loa
10 6.67_ ?/25102 3:10 pM 10 13.6
425102 3:12 pM 10 3t4 6.73 13.6',2 105 0
1
6.83?!!;5t02 3:15 pM 15 105 13.6
2125102 3:20 pM 6.92 13.6
425102 3:30 pM 13t4 6.98 13.6
2125102 3:40 pM 105 21t2 7.04 13.64937.082l25lor 3.5n pr\,50 105 13.6
zotvz+iuu PM 60 105 A 7.17_ 2t25102 4:40 pM 100 105
ios
6
ro.o
2125102 5:00 pM--120 7.33 13.6
2t25l02 6:00 pM 6 314 13.6105I2t2st02 Z00FM--240 105 9 7.58 .Qtan 6iilIil7-
;U I I-M 241 996 101t4 ,1.69 0.021251027:02pM 242 1 241
121!j!5102 7:04 pM 41t4 1.19 0.0 2240.652125102 z:osFM-245 0.0 4 610.58 0.0 5 49
Zancanella & Associates. lnc.Welll8PurpTest
Figure 13
4-Hour Pumping Test - OAZSrc2
Monument Ridge - Welt #1g (Lot E3)
10 100
I tme 1,000 10,000 100,000
20
40
460
o
oJ
LgBo
G3
100
120
140
lQ = 13.6 gpm tnroughout test-
I
a---III-t r--II--Ir i-EI----a
-------r
-
lsatic water Levet = e7i-l
---I---%
lffip-set-ilIET.l
+-+-+v-
lVellTD = 1$ft. l-
4l@ Z|tE.rdh A Aaod.laa, lnc. w.xr6t\rmpT.A
Figure 14
Recovery Following 4-Hour pumping Teet - OAZS.[I2
Monument Ridge Weil 1g (Lot E3)
Recovery as Residual Drawdown
=o
-3 4t
(,
3g
26(
E
eIL
fl88c5
trIo 1001'I
Eo
120
41XP. Z{Etr* E ta6na., tnc. W.ltrSpumpT.st
H
gpm
ft
ft
ft
TABLE 6
pump Test Data
Well lD: Monument Ridge - Weil 19 (Lot E1)
21802Job No.:
Client:
Test By:
Analysis By:
Monument
Samuelson
Q=
r=
S.W.L. =!=
14.3
Time/Date on:-ffilo:oo AM
Time/Date otf :- ziidz:ooFi
Iest Length: 4:00:00 total time
M.P.
TIME
Time
(minutes)
W.L. Measurement Drawdown
Ifaatl
o
(spm)
t'
(minutes)
ut'(feet)(inches)
212710210:00 AM 0 96 21t4212710210:01AM 1
UWL 13.6
98 101t4 2.00 13.62t2710210:04 AM 4 100 21t4 4.004ZIIUZ 1U:06 AM 6 100 101t2 4AO
212710210:08 AM 8 101 1 4.90
11
13.6'ru'l 11t2 4.94 .12 Aztziluz t0:12 AM 12 101 2 /,oa 13.6_ 212710210:1S AM 15 101 2 4.98?/2710210:22 AM 22 101
13.6
b 1t4 5.33 13.6212710210:35 AM 35 101 81t4 5.50 13.6212710210:40 AM-40 101 8 5.48 13.65010191t25.60 13.6?t2710211:00 AM 60 101 I314 5.63 13.622710211:39 AM 99 101 11 5.73 13.62t271O212:00 PM 120 101 11 5.73 13.621271021:00 PM 180 102 o 5.81 13.62127102 Z:00 P-M-240 102 5.81 Stop Pumoino*ii,
0.0 241
Z27lO2 2:01 PM 241 96 101t4 0.674ZUVZ Z:UZ JrM 242 96 91t4 0.5821271022:03 PM 243 96
U.U 2 121
21271022:04PM 24 71t2 0.44 0.0 3 81
2127102 2:05 PM
96 7 0.40 0.0 4 61
49-
z4a 96 61t2 0.35 0.0 5
4t't0to2 Zancanella & Associates, lnc.Welll9PurnpTest
Figure 1E
4-Hour Pumping Test - iU2lrcz
Monument Ridge - Weil #i9 (Lot El)
g60
o
oJ
f-o880
=
1oo Time (mint 1'ooo
4lW. 2.naat0^a.cldr, trc. w.lropumpTEt
Figure 16
Recovery Following 4-Hour Pumping Test - Ail2ltiz
Monument Ridge Weil 19 (Lot El)
Recovery as Residual Drawdown
10 100 1,000 10,000 100,000
o
oJ40
()
3
Gflo
E60oLu.
J
E80u.
tr
=€ 1oo
=Eo
120
Zancanella & Aseoclats, lnc.Welll9PumpTest
NMrvey, v9tt,vE[ aa lvv I 9. 19 rarYt
WELL CONSTRUCTION AI\ID TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
lot5z
ile/l # Z
Attr[Ovill # OWS3 l.9l{3
WELL PENVIIT IYIMBER
Owner Narne(s): Monumcut Ridge HOA %P*er Hcincman
N,tailing Address: 19423 N. Turkcy Crcck Rd. Stc B
City, Staeg Zb: Monisoq Co 80465
Phone # : 303{97-067E
DrsrAr{cEsFnordsEcffi; $w l/4 Sw l/4 Se: 17 Twp: 7 s Rarus 95 w
650 ft. &an $outh S*" llno md 450 fr. frur Wost Sec" line OR Norfting: Ershg:
SITBDIVtSION:ManrnentRidgo LOT: W, BLTJCK: FILING(UMQ:
SURFACEELE\,ATIOIII ft. DRILLINGMETIPD AirRffiy
DATE COMPI,E'TED: T0/16/200I TO|IALDEP1II I4O DEPTH COMPLETION: Ilo
8. FilrE Pack
Matsrial :
Size :
lntcnal :
9. PrcluPlacsrart
rlpc :
Dqth :
lI. DISINFECTION : Tlpo : [II?I AEt, UsGd: 3 oL
12. WEI.L TEST DATA : ( ) Chc& Bo,( IfT€st Dua Is Sutinittd Ol Supploorrtal
TESTINGMBTHOD: AirComprossor
Suiclavel: 90 fi. hcfPineMeasrrcd 101164;00l ProdrrtioaRap 15 gpm
hmpinglevd : Total t. Darc/Tlnc Mcaarod 10/16/2001 Te*Lotgth : 2horrs
Tc*Brocrlo:
Phme: (97qn74ln
Mailing Addr€s : P.O. Bd 1059
Namc/ Titlo(Plcoso Tpe or
Wrpo Shclloo/?rccftlcnt
Wednesday, January 02,200210:17 AM Wayns Shelton 970-927-3801
FOROPNCEUSEONLY
Lol #(
fuorl # g;
ppxg!6!ro11,$14l{3
WELL CONSTRUCTION AIYD TEST BEPORT
STATE OF COLORADO, OFFICE OT THE STATB ENGIMER
}VELL PERMTTNUMBER
@HoA%Petc
Mailing Addros: lg42lN' Tu*cyCrcokltd' Ste B
City, Statc, ZiP: lvlorrimn, Co 80465
NE l/4 NE l/4 tloq 19 l\up: ? S fto8s 95 W
Hlt*frffitH,.ffi *. ero r. ficr Blsr rhc. rhe oR Nodnins: Ea*ing:
suBDwl$oN:lylmlgrsatRi& tOT: 6 BI'CK: FILING(LNIT):
fr.
TOTALDBPflT
9. hr&crPlaaocat
T}TC ;
Dqph :
t. FiftrPa*
Mdcrial :
Sizc :
lntcrd :
It. DISINFBCTION : Tlpr : IIIH Amt.U*d:2 o&
TESTINOTIIBfHOD: AirC<rrPrcero
$cicLevol'- 52 i.
Itflrpingl.BvEl: fotrl ft'
TetRrrns*s:
Daaarfine Ileasrnod 10/16/2001
DatdfincMptlurcd 10nff2001
Prorhctim Rrts 10" fPn
Tcdlag[: 2hms
Phoe: (fi0t974$:l
Lic. No. t09J
MdtiagA&€6E: P-O' Bo( 1059 Basslt, Co. tl62l
/TitIt(PF.ts t)D€q
Srpo Slclhrhedisd
Wednesday, January 02,200210:17 AM Waync Sheltsn 970-927-3801 p.0'l
WELL CONSTRUCTION AIID TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
TOROTTICE USEONLY
/_"t # tl
Aal tg
,iI?ROVAL f Cllf sJ l'91'01
t.WELL PERN{IT NTIMBER 0s6s72-F
2.OuaerNam{s): Monumeot Ridge HOA o/o Peter Heinsmatr
IifailforgAddrus: 19423 N. TukEyCreekRd. StcB
Cfi $tate, Z[: Morrison, Co 80465
Phone # : 303-697467t
3.
wElJ,M cDr,,
DISTAITICSSFROMSECIJNE$ !'& L'r NE l/4 lloq 19 l\ry: 7 S latgc 95 W
Zlm fr. frern Nore Sec. lile srd l2fil n, tgE Er$ Scc. linB OR Nor&hg Erstiag:
SUBDMSIOt{:IrdmtmartRidgr LrOT: lt BI,OCI* FIUNG(UNII):
STNFT"T ADDRESS AT LOCATTON
4.OR(XJ!'IDSURFACBBLEVAIION ft. DRIIIINGMETHOD AhR.trry
DATE COMPI.ETEDI IU]JTZOOI TOTALDEPEI: II5 DEPTH CODYTH.ETION: II,
3.cBofloorcux]6.HOL!DIADTBTm.(h)rnoM (n)m (i)
Dilti n Do ofw!$lrlat (SlE Color. rtrd TF€)9.O o 40
fixt-093 V-[c,uics.Ct8Y6 5.5 40 ll5
s)3-t00 Sm&
l(p'llil (krtt s ?. PLATNCASING
1t4-t lJ Wrso&Fornrtior (D (h)lftd I Wrllsh! I Fru (tr, I To ([)
7.{'SEel 02/o 0 10
5.5 3d o.l8c t1 l lqo
PERF. CA9INO: Strlrn SlttSilo
5.5 Stod I 0.1t8 100 ll4
I
I
Wrrlomlod:35 +
Rrmrrkr :
8. flhcr P!.k
It{afrsrirl :
Slze :
Inmrrl :
9. htuPl&mat
$pe :
Dooth :
rO. GROUTITIORBOORD
lilsg!$Anulil lJllllty ffiral Plrilrilt
CGmcot 4dc 6 mtl*r0-40 mrld
ll. DSilNFECTION : Tlpo : I{IH Amt Ustd: 2 @.
tZ. -wniLftSf pere : ( ) Cho* Bo:r tfTs Deu Is Submitrd On Supplunattal
TESIIISMETIDD: AirCmpraso
Srirblsd z S7 fr. D*effincMcanuod l7/rTlz00[ FroetotioRto 15 SDm
hrnpingLercl: fa.l ft. Drdfimalvlorsnod l7fln@l Tc6tloglh: 2hqrr
Tc*Rcraks:
It lboEdA.&ilt'dQE i. d-fftlif lqItdrrl|atd.?gElo.y.rcEuaorrylootr|tqP.(llrEIslm:r.-I{[lrtr9GrD,mllilltrrIFre"'E6m#Bffi*'4ffi,tffiffit'ff'* pboc: $'m)efl4tn
N[rf,ltrSAd&cis : P.O. Eo( 1059 Bas.lt, Co. t1621 Lie No. 1(D5
Nrme / Titlc Olsrse Typc s Print)
Str1,;c Slhohor/Prccl&ot
sigeilw!
I,nrnoot
l"lan 13 OA O1:55p [,lasne She l ton 970 -927 -380 1
WELL CONSTRUCTION AI\D TEST REPORT
STATE OF COLORADO, OFFICE OF TI{E STATE ENGINEER
FOROFFICEUSEONLY
,l Igr )Ol'uu. r -3,* t-
L0'
AP?ROV/{L#GWSrt.9l{3
I WELL PEN}IIT NUMBER 056582-F
2.Owner Nam{s): Monument Ridge HOA % Peter Heineman
Mailing Address: 19423 N. Turkey Creek Rd. Ste B
City, State, Zip: Monison, Co 8M65
Phone #: 343-697-A678
3.ffi sw u4 sw t/4 scc: r7 Tw?: 7 s Range: 95 w
300 t" &oox Sorth S€c. line and 300 fr from \Vest Sec. lirrc OR Northing: Easting:
SUBDMSION: Mornrmern Rilge LOft: E3 BLOCK: FILING (IJNIT):
STREET ADDRESSI AT LOCATIoN
4.GRfi,ND SIJRFACEELEVAfiON ft. DRILUNGMETIIOD AiIRo{aTy
DATE @MPLEIED: tfziBa0} TOTALDEPTI{: 145 DEPII{ COMPIETION: 145
5.GEOLOGICIOG 6. IIO[.8 DIAIIIETER. (itt)rnoM (n)To (i)
Ilcdh Tvu of lvlacrial (Si*^ Colm- and Tvoe)9.0 0 {0
fix)-145 DirLRodcs. Grarrcls 6.5 4A 145
7. PI-AINCASING
OD (in)Kiad I Wrll Siz.Frur (O)To (n)
7.0 Steel o.2n 0 40
5.5 PVC I 0.250 23 t20
PERF.CASING: ScrenShSiE
5.5 PVc 0.250 12fl 145
WatrrLocated: ll5 +
Rcuurls ;
8. Filt€rkck
lvfxerial :
Sizc :
lutemal :
9. PackerPlament
Tlae ;
Depth :
IO. GROIJTINGREMRD
Itatcri.l AtDouni Dqrirl.u InET,rT PlEla
knt 5 sl<s 5 csY*l0-40 mrcd
ll. DISINFECT-ION : Tpc : IIIII Amt. Used: 6 oL
f2. WELL TESTDATA : ( ) CheckBorlfTe*Data Is SubmittedOn Supplememtrl
TESTINGMETHOD: AirCmpressor
Saticlevel: 91 ft.
Prnpingl€vel: Tcal fr.
TestRemarts:
Date/TimoMeasued IJ25D&.2
DadTimeMemured V25f2N2
PnoductionRatc 15 gm
T€stlrrtg[h: 2 houa
l? IhrEEdlE{d@tsanLhcriaodl3nr&]aarr&rr!q[qUlbdticy-rctlEtoErloowkAga(hlrsuanl!oScclinZ}4,l4(tJX.)ARILllttD.xi$0GSIir!l!D@rJ' cdit Bpcrjqyinlhomrddcgco rdirpuaLhsblc rrr drs I iurdcorcrmi)
CCID{IRACTOR : S[eltonDrillingCorp. Phone: (97o)9n4L82
It ailingAddrcss : P.O. Box 1059 Basalt, Co. El62l Lic. No. 1095
IiIare / Title (Pleas Type or him)
Wryre SHbs/Prcddcilt
Sigrature Date
2nnNz
WELL CONSTRUCTTON AND TEST REPORT
STATE OF COLORADO, OFFICE OT THE STATE ENGINEER
FOR OFFICE USE ONLY
Ntil r1
l,l E-t
APPROVAL # GWSt t-91{3
WELL PER]VIIT NUMBER
OtmerName(s):
Mailing Address:
City, Statg Zip:
Monument Ndge HOA 9/, pEer Heinm
19423 N. TurkeyCreekRd. SteB
Morrison, Co 8M65
303-697-W78
Drsim SW l/4 SW t/4 Sec t7 TuD: 7 Sr@ ft. ftom sqrth sec. Iine ard 4m ft. aom wesr soc. rinc oR Northing:
DAIE COMPLETED: ITI4'2m/2 TOTALDEPTH: 142 DEPTII aoi4Pl.E.noht 142
8. FilterPact
lvlaterial :
Sizc :
Interval :
9. hckerPtrmneot
rlpc :
Depth :
tl. DISINEECIION : Ilpe : HTII Amt Used: 6 oz.
12. WEITTESTDATA : ( ) CbodcBox lfTesrDara tE subminittedonffiffi;m
TESTINGMETIiTOD:
St$icl*el: Eo fi.
hnpingl*rnC: Tofi8l
TcstRffiErks:
Air Corytrcseor
DddTireMeaeued UZ4|2N2
fr. Date/TirneMcasred t24nc/fl2
koeuionRate lS gpu
TestLengith: 2hors
Phonc: (97O)9?l.4tVL
Lic. No. 1095Basalq co. 81621
/ Title (Please fypeo;
tteyre ShtLm /Prodrilcut
9?O - Se? - 380 II'lar 13 OZ O1:55p lrlayne She I ton p."
colorado Department of pubric Heatth and EnvironmentCompliance Monitoring & Data Management Unii
REPORTING FORM FOR ANALYSES
SAMPLER: PLEASE FILL our oNE FoRM - FoR EACH INDIvIDUAL souRcE/pLANT or coMpostrE sET
YES [ ] OT NO [X I THESE RESULTS ARE TO BE USED To FULFILL STATE SAMPLING REQUIREMENTS
**** rrvsrRu CT|O N S/DEF\ N trrorvs oN BACK OF FO RM****
PWSID #: N/A COUNTY:L DATE coLLEcrE D 2 r27 toz
SYSTEM/ESTABLISHMENT NAME:
SYSTEM ADDRESS:
Street address/p.o. Box citv------Ei e Zip
CONTACT PERSON:PHONE: (970)94S-S7OO
WATER TYPE: I x ] new (No chlorine or other treatment) or CHLoR|NATED t I or orHER TREATMENT [ ]
souRCE(S/:LOCATION(S); - Address SAMPLE POTNT(S):
SAMPLE COLLECTEO TT, TTME COLLECTED: 1:00 pm
LABORATORY SAMPLE #
8t 0:Zancanel 1a Er A:igc:c -CLIENT NAME or tD #
LABORATOR' NAME
lii-arrd Jct . l--aibcr-.rtcir- i er:;9'7t:t :i4:-761. ilLAB PHONE # il
DATE RECETVED tN LABORATOnY r / l;#.11 DATE ANALYzED_ s7e bFl ut'r
COMMENTS l"k*tl-r.,rJ {r-orrr "AnnuaI tiosr.r of At3'rt4 ,:rtatntJarcls.,,
Well E1
(SEE BACK OF FORM)
DO SAMPLES NEED To BE coMPosITED BY LABORATORY? YES I ] No t x ]
For Laboratory lJse Onty Below This Line
PARAMETER
NITRATE/NITRITE-N
(ms/L)
RESULT
{).E]L
(ms/Ll)
MCr
i 0.0
EPA
METHOD
DlitilCrT9iiL{
(ms/Ll)
LAB MDL
r). i)L
IJert e
f-irr a I .7r L,cJ :
:J /';t / t:t'J
3/7 /U?
7iI8/t)7
NITRATE-N {),. {i I 1O.O D;iE}&7gr)E (,. u 1NITRITE-N t-r. r:r,:l 1.0 D:315EEffi- -Titi-
BDL = lndicates that the compound was analyzed for, but was below the Lab MDG.NT = Not Tested for compound.
mg/L = Milligrams per Liter
MCL = Maximum Contaminant Level
Lab MDL = Laboratory Method Detection LimitH = Holding Time has been exceeded
:i/ tL4,t fi.;
Date
Ili r* elc t c,r'
MAIL RESULTS TO: Colorado Department of Public Health and Environment, wQCD-cMDM-B2, 43oo cherry creek Drive south, Denver,co 80246-1530
JOHN C. KEPHART & CO.
GflAND JUt\lIIION LAIORAIOflIIS
435 NoRTH AvErruE 0 pHor{E: (9-ro) 242-761A i Fai: (g7O) 249-?235 O GRANo JuncrtoN. CoLoRAoo AtSOt _
Received from:
- ANALYTICAL REPORT -
Iancariei 1a jir ii::Ecrc.-i'homas iancanel i.r
1{l{15 Eooper A.re.
Gl enwsed Spr i nes r rjl E316(r L
?7il 945-57{}r)
B6i}T
3 .i :8./ rl?
Date Reported
Laboratory No. _sample
i'lsn,;me*nt Ri dge Surbd i vi si on
water
3/ 14/ t]2
Customer No.
Date Received
I t-l
GJ Lab lrlo. :
Ptrl$ID#;
ilonn'ty;
Date:
Sys. lrlarne:
5.vs. Add.:
fiontact I
Cc,l 1ec. byl
t l{ i Treatnrt I
Ssuirce:
Lscat i sn r
Sarrple* Ft. :
4603
N/A
6arf i ei d
?/t7l(tl i O{:FPI
i"lanuiinent F:i dge Suhdi vi si on
1$(]5 Cooper fl'',p.'fht:rnas Eancanel I a
Jerernv
R.*rq ;{
Chleririated
Other
trJe1 i El
Count.l l;:d f,{:r(_} iBatt l"lesa)
f{e11 head
'Iest
i{ethpd
ilate
Tested
Lotaer
Li mi t-
sf Oetect i crn
Ti:tal IJi ssol ved 5ol i,ls
mq/I = mi 11i grarns Der l i ter
5i-iil mqrl Ef"Af d:rj. i jl I r'r)I
I
Lab lli r. : Bri an ,S. Eraue*r
Colorado Department of Public Eealth and Environment - Drinking Water Section
Reporting form for Original. Phase II. V Inorsanic analyses
SAMPICT: PLEASE FILL OUT ONE FORM _ FOR EACH INDIVIDUAL SOURCE/PLANT OR COMPOSITE SET
YES I OT NO ffi THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQIJIREMENTS
PWSID #: N/A COUNTY: Grafield DATE COLLECTED : l0l29l0l
SYSTEIVI/ESTABLISHMENT NAME: Monunent Ridee Subdivision
Glenwood Sorings
CITY
PHONE: (970) 945-5700
TIME COLLECTED:4:00om
CIILORINATED O
LOCATTON(S):
Counw Road 300
OTIIER TREATMENT [l
SAMPLE POrNT(S):
Wellhad
co 8160r
STATE ZP
SYSTEMADDRESS: {q?+ncaneUa A essoc.. lO05CooperAve.
STR.EETADDRESYPO BOX
CONTACT PERSON: Brad Peek
SAIVIPLE COLLECTED BY: JETCMV CASTIE
WATER TY?E: RAW pq
sorrRCE(s):
MonrunentRidee Well #2
0.1
0.5
LABORATORY SAMPLE #: 0 l-5921-tJ I
LABORATORY NAtvIE: Everereen tuialwical Laboratorv
DATE RECEI\ED IN LABORATORY: 10/30/0 I
COMMENTS:
CLIENT NAME OR ID#: Monument Ridse
LAB PHONE: G03\ 4254021
DATE ANALYED: 10/30/01 - tl/6/01
H = Holding Time has been exceeded
BDL = Below Detection Lirnit* = Not an MCL. "Action Level"** = Not an MCL. "Monitoring Requirernent OnIy"
0.005
0.02
NT = Not Tested for compourd
nglL = rnilligrams per Liter
MCL = lvlaximun Contarninant Level
LAB MDL = Laboratory Method Detection Lirnrt
DO SAMPLES NEED TO BE COMPOSmED By LABORATORY? yES 0 OR NO pq
PARAMETER RESULT 0ne/L)MCL (rnpr'L)EPA METEOD I"AB MDL (msIL\
ANTMONY NT 0.006 200.8 0.002
ARSENIC BDL 0.05 200.8 0.01
BARIUM 0.052 2.0 200.8 0.2
BERYLLII]M NT 0.004 200.8 0.001
CADMII]M BDL 0.00s 200.8 0.001
CIIROMII]M BDL 0.1 200.8 0.02
COPPER BDL I.3*200.8
CYANIDE NT 0.2 SM4sOO.CN E 0.01
FLUORIDE 0.62 +.0 SM45OO.F C 0.4
LEAD BDL 0.015*200.8
MERCTJRY BDL 0.002 245.1 0.0002
MCKEL NT 0.1 200.8
SELENII]M BDL 0.05 200.8 0.01
SODII'M t)2 *rl.200.8 I
SULFATE 60.5 500.0{,*300.0
THALLIUM NT 0.002 200.8 0.001
qry\
aad approved by
l^
'ile
MAIL RESULTS TO: Colorado Department of Public Health and Envimnmcnt WQCD-DW-B2. 4300 Cherry Creek Drive South. Denver, CO. g0222-1530
Colorado Department of Public Eealth and Environment - Drinking Water Section
Reporting form for Corrosivitv analyses
SAMPICT: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOI'RCE/PLANT OR COMPOSITE SET
YES [] OT NO tE TIfiSE REST]LTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS
PWSID #: N/A COUNTY:Garfield
SYSTEI{/ESTABLISHMENT NAME: Monument Ridse Subdivision
Glenwood Sorines
crY
PHONE: (970) 945-5700
TIME COLLECTED: 4:00om
Cr{LoRTNATED I
LOCATION(S):
Countv Road 300
DATE COI TECTED: L0l29l0l
OTHERTREATMENT O
SAI{PLE POrNT(S):
Wellhead
co 81601
STATE zlP
SYSTEIWADDRESS: Uo=Zeq+tretta & Assoc.. t005 C
STREETADDRESS/PO BOX
CONTACT PERSON: Brad Peek
SAI\4PLE COLLECTED BY: Jeremv Castle
WATER TY?E: RAW tE
SOIIRCE(S):
MonumentRidee Well #2
LABORATORY SAMPLE #: 0l-592 l-0 I
LABORATORY NAME: Eversreen fuialvtical Laboratorv
DATE RECIEMD IN LABORATORY: 10/30/0 I
COMMENTS:
CLIENT NAME OR ID#: Monurnent Ridge
LAB PHONE: (303) a25{021
H = Holding Tirne has been exceeded.
BDL = Belorv Detecuon Lirmt.
N/A = Not applicable.
N/A
5.0
NT = Not Tested for compound.
nglL = rnilligrarns per Liter.
MCL = Ndaxirnurn Conarninant Level.
LAB MDL = Laboratory Method Detection Lirnit.
*"{' = If Lalgelier Inde.x is a uegative uunber. rvater is corrosive.
lf Langelier lnde,x is zero, tvater is balanced.
If Langelier Index is a positive nunber. water is scale fonning.
PARAMETER RESULT (rneil)MCL(me/L)EPA METHOD LAB MIIL (rne/L)
LANGLIER INDEX NT **t*SM 23308 N/ACALCIT'M CARBONATE 87 N/A 200.8 0.34
DISSOL\ED SOLIDS 435 N/A sM 2540C r0.0pH7.81 N/A 150. I
TOTAL ALKALINITY 308 N/A SM 23208
TEMPERATURE 20 "c N/A
Reviewed and approved by
MAIL RESIILTS TO: Colonrdo Department of hrblic Health and Environmen! WQCD-DW-B2. 4300 Cherry Crcek Drive Souttr, Denvcr, co. g0222-1j30
Colorado Department of Public Health and Environment - Drinking Water Section
Reporting form for NitrateAlitrite as Nitroeen analyses
Sampler: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLAIIT OR
COMPOSITE SET
YES [] or NO [X THESE RESULTS ARE TO BE USED TO FULFILL STATE SA]\4PLING
REQUIREMENTS
PWSID #: N/A COUNTY: Garfield DATE COLLECTED: 10129101
S YSTEIT{/ES TABLISHMENT NAIvIE : Monument Rid ee Subdivi sio n
SYSTETWADDRESS: c/o Zancanella & Assoc.. 1005 Coooer Glenwood SEings @ 8160l
STATE ZIPAve.
STREETADDRESS/PO BOX
CONTACT PERSON: Brad Peek
SAI{PLE COLLECTED BY: Jeremy Castle
WATER TYPE: RAW txl
SOTTRCE(S):
Monument RidS Well #2
CITY
PHONE: (.970V4s-s700
TIME COLLECTED: 4:00pm
CHLORTNATED []
LOCATTON(S):
County Road 300
OTIIER TREATIvIENT []
SAMPLE POrNT(S):
Wellhead
DO SATVTPLES NEED TO BE COMPOSmED By LABORATORY? yES [] OR NO [X]
For Laboratory Use Onllt Below This Line
LABORATORY SAMPLE #: 0l-5921-01
LABORATORY NAME: Evergreen Analytical Laboratory
DATE RECEIVED IN LABORATORY: 10/30/01
COMMENTS:
CLIENT NAI\4E OR ID#: Monument RidS
LAB PHONE: Q03\ 425-602r
DATE AIIALYZED: I 0/30/01
EPA METEOD
NT = Not Tested for compound.
rng[L = milligrarns per Liter.
MCL = lv{axirnun Conarninant Level.
LAB MDL = Laboratory Method Detection Limit.
H = Holding Time has been exceeded.
BDL = Below Detection Limil
MAJL RESLILTS TO: Colorado Dqrartment of Public Health and Envimnmen( WQCD-DW-B2. a300 Cherry Creek Drive Soutlr. Denver, CO. 80222-1530
Colorado Department of Public Health and Environment
Compllance Monitoring & Data Management Unit
REPORTING FORM FOR ORIGINAL. PHASE II. V INORGANIC ANALYSES
SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET
YES I I oT NO I X ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS
ffi ,,VSTRU CTIONSIDEFI N IT'OA'S O N BACK OF FO RMN*"
PWSID #: N/A COUNW: Garfield DATE COLLECTED_I I 8_102
SYSTEM/ESTABLISHMENT NAME: Monument Rldqe Subdivision
SYSTEM ADDRESS: c/o Zancanella & Assts.. 1005 CoooerAve.. Glenwood Sorlnos. CO 81601' Sheet address/P.O. Box Clty State Zlp
PHONE:(970)945,.5700CONTACT PERSON: Brad PecK
SAMPLECOLLECTEDBY: SPC TIME COLLECTED:JSQIam
WATERTYPE: IX] RAW (Nochlorineorothertreatment) oTCHLORINATED I J oTOTHERTREATMENT[ ]
SANPLE POTNT(S):souRcE(s)..
Monumenl Ridoa Well #5
LOCATION(S): -Address
/ Countv Road 300 / Wellhead
(sEE BACKOF FORM)
DO SAITIPLES NEED TO BE COMPOSITED BY I-ABORATORY? YES I I NO t I
For Laboratory Use an$ Below This Line
I.ABOMTORY SAMPLE #L gS tS 1 - o t cLtENT NAME or tD #
(Qzo) t-({ . f, S4 t>
DATE nf.fnLfZED = eAz Ueloc*>
clr(.]r rgl,-t-ft
LABORATORy NAME Ar4Z Lzr\. r.-o*o,'.-= , =..- t-AB PHONE #
DATE RECEIVED IN I.ABORATORY \ /lo loz
COMMENTS
PARAMETER
ANTIMONY
ARSENIC
BAR]UM
BERYLLIUM
CADMIUM
CHROMIUM
COPPER
CYANIDE
FLUORIDE
LEAD
MERCURY
NICKEL
SELENIUM
SODIUM
SULFATE
THALLIUM
O .Ogr t)o&
}DL(,4
o.3offi
lrilc-
o-:393-
\?-?
4[o o
(mg/L)
RESULT
(mg/Ll)
MCt
0.006
0.1
1.3'
0.2
4.0
0.015'
0.002
0.1
0.05
It
500.0*
0.002
EPA
METHOD
t13,og-gt@1-
t\.WlA..ga
ao^.6e-c$w,
r*?*tSrL
ttTo'+
f+zp-o,l-tl.??3.9
(mg/Ll)
LAB MDL
o:l.:oooS
o.OoL
B4
t. ra.o 2-
r ,lt .rr-0.05
2.0
0.004
0.005
il
?
$r
ilo.oS \.lt.Dl-
@. o.aooS \.rl .o1
Eo'tou!,*lg,6oo1
o-:-i1.93-
7.g*o,oo>a-o.AVo
['t1 , ar-
t. ra .or-
1,tt.oz-
l. ta'oz-
( , z3'qr-
I .tS .o r-
BDL = lrdlcateo that the compound was anallzed for, but was below the Lab MDL.
NT = Nottested 6r Compound - I = NOT an MCL 'Actlon LEvel"
mg/L=MilligramsperUter **=NOT an MCl,'Monltoring Requinement Onlf
tvt6t = Madmum Contamlnant Level H = Holding tlme has been exceeded
Lab MDL =
Revierred & Approved by I rue
Mall Results to: Colorado Deparfnent of Public Health and Environment, WQCD-CMD[,L82, 4300 Cherry Creek Drive South,
Denvor, CO 80246-1530
Page l0 of 13
Golorado Department of public Health and Environment
Compliance Monitoring & Data Management Unit
REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES
SAMPLER: PLEASE FILL OUT ONE FORM . FOR EACH INDIVIDUAL SOURCE/PLANT OT COMPOSITE SET
YES I I OT NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS
****,A'STRUCTIO N gD EFIN Ir'O'VS ON BACK OF FO RM*,,*
PWSID #:- COUNW: Garfield DATE COLLECTEDI-J 3_J a2
SYSTEM/ESTABLISHMENT NAME: Monument Ridoe Subdivision
SYSTEM ADDRESS: do ?anc€tnella & Assts-.. 1005 Coooer Avenue. Glenwood Sorinos. CO g1601streetaddress/p.o.Box ctty @
CONTACT PERSON: Brad Peek PHONE:(970)945-5700
SAMPLECOLLECTEDBY: SPC TIME COLLECTED: 10:30 am
WATER TYPE: Ix I RAW (No chlorlne orothertreatment) or CHLORINATED [ ] or OTHER TREATMENT [ 1
SOURCE(S)r LOCATPN(S): - Address SAMPLEPOTNT(S):
w.ll#S / cp-unty Rg"d 300. p"orhut".co / w"il h*d
(sEE BACK OF FORM)
DO SAftIPLES NEED TO BE COMPOSITED BY LABORATORY? YES t I NO t I
For Labontory Use Only Eelow Thls Line
LABORATORYSAMPLE# LaSlL6a - o r CLIENT NAME or lD # ?a.r*rc..r*s r.gt-r-&
LABOMTORY NAI\4E LAB PHONE # (9ro) I rq . c-s.uo
DATE RECEIVED IN I3BORATONY--!_J] o-JI L DATE ANALYZED <' eP L^= \ " .^,
COMMENTS
PARAMETER
(mg/L)
RESULT
NITRATSNITRITE.N S .\
NITRATE.N
NITRITE.N
s.\ -tsDL
EPA
METHOD
l{363_,2
Ulru"t.,;
(mg/Ll) ,!
Lqa uot ffy
o -8o.1
o..-S o . t
l. tO 's2
[ . rD - o?_
(mg/Ll)
MCt
10.0
10.0
1.0
BDL = lndicates that the compound was anallzed for,
NT = Not Tested for compound.
mg/L = Mllligrams per Llter
MCL = Maximum Contaminant Level
Lab MDL = Laboratory Method DEtection Limit
H = Holding Time has been exceeded
*-€ o.o3
but was below the Lab MDG.
I rZA toL
MAIL RESULTS TO: Cotrrado Department of Publlc Health and Environment, WQCD-CMDM-82, 4OOO Cherry Creek DrivE Sou0r, Denror,CO 802/t&1530
Colorado Department of Publlc Health and Environment
Compliance Monitorlng & Data Management Unit
REPORTTNG FORM FOR ANALYSES
SAMPLER: PLEASE FILL OUT ONE FORM . FOR EACH INDIVIDUAL SOURCE/PUNT OT COMPOSITE SETYES [ ] OT NO I X I THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQU'REMENTS
***r r rsrRu cTto Ns/D EFt N trrorvs o N BACK A F FO Rrr**
PWSID #: N/A COUNW: Garfietd DATECOLLECTED 1 I8 I02
SYSTEM/ESTABLISHMENT NAME: Monument Ridoe subdivision
SYSTEM ADDRESS: c/qzancanella & Assts.. 1OOS CoooerAve..,Glenwood Sorinos. CO 81601Strsetaddress/p.o.Box re Ap
SAMPLECOLLECTEDBY: SpC TIME COLLECTED: 2:S0 am/pm
WATERTYPE:[X] RAW(Nochlorineorotherhearnent) oTCHLORINATED[ ] oTOTHERTREATMENTT I
souRCE(s);LOCATION(S): -Address $AMPLE POTNT(S):
Monument Ridoe well#8 / county Road 300 / wefihead
(sEE BACK OF FORM)
DO SAMPLES NEEDTO BE COMPOSITED BY LEEORATONVZ YES t I NO T IFor Laboratory Use Only Below This Line
LABOMTORYSAMPLE* Uq q \qB ^oZ_ CLIENTNAMEoTtD#@
tABoRAToRyNAME ftcz La,L-,,*-.,or Fno LABpHoNE#(ard zr<. r-sqo
DATERECEIVED|NTABORATORY \ / (o/ aL DATE n1nurzeo 4€F LFto,*>
COMMENTS
PARAMETER
ANTIMONY
ARSENIC
BARIUM
BERYLLIUM
CADMIUM
(ms/L)
RESULT
(mg/Ll)
MCt
EPA
METHOD
(mg/Ll)
LAB MDL Pf'f.!,
l. tt'or'
t . 1g'or/
o,-gLtg,
o .Ool
0.006
0.05
2.0
0.004
fr62oa.t
Il^'aoa.1
a. oae g
o.ao3
coPPER agl:t 1.3* i,.7;;;:E ,E* r.rf,.s".CYANIDE O.2FLUORIDE f 1:O tv'ffi7.6 Ef r.r?.o.r,LEAD 9W_ 0.911' tqeg& ,_.. " ", I . ta . o-r,MERCURY st.t. 0.002 AE i o.oooL r . rg .a",NtcKEL 0.1
-
SELENIUM BpJ- O0S a& -9-= - l. ta . o ?SODIUM r4{ h n zoo;l ..3SULFATE ffiqro soo.o* t&^2t;.t Zto ,i:E'.-THALLIUM ^-a(4))q.?.rava.oo2 f*.,GT
BDL = lndicates that the compound was anallzed for, but was below the Lab MDL.
NT = Not tested fur Compound r = NOT an MCL, .Aclon Level"mg/L=Mllllgramsperutar *=Nor an rtlc("nonitonng Cequirement onl/MCL = Ma{mum Contaminant Level H = Holdlng 1me has been exceeded
gMllluM EPk- 0.1 ^ffi El;r r.r.a .ol-
Lab MDL = Laboratory Method DetecUon
Reviewed & Approved by Tifle
Mail Resulblo: 9otofgo Department of Public Health and Environment, WeCD-CMDtvt-82,Denver, CO 80246-1530
-
4300 Cherry Creek Drlve South,
@
' c'?'"jiu?T"1lil""",1,1;;IJlEjl:ii,':":?ffiH',';ffi"',
REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALySES
SAIIIPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT OT COMPOSITE SET
YES [ ] OT NO I I THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPL]NG REQUIREMENTS
*** rilS fRU CT I O N Sl D EH N tfrONS A N B A C K O F FO R irl**
PWSID #:_ COUNTy: Garfteld DATECOLLECTED_1 t8_Lg2
SYSTEM/ESTABLISHMENT NAME: Monument Ridoe Subdivision
SYSTEM ADDRESS:
CONTACT PERSON: Brad Peek
State Zlp
PHONE:(970)945-5700
SAMPLECOLLECTEDBY: SPC TIME COLLECTED:2:50 pm
WATERTYPE:Ix] RAW(Nochlorineorothertreatment) oTCHLORINATED[ ] oTOTHERTREATMENTI I
souRGE(s);LOCATION(S): -Address SAMPLE POTNT(S):
well#8 / cgunlv Road 300. parachute.co / weil head
(sEE BACK OF FORM)
DO SAIIPLES NEED TO BE COMPOSITED BY I.ABORATORY? YES t I NO t I
For Labaratory Use Only Below This Line
tjBoRATORy SAMpLE # L ?S.f 53 - o?-CLIENT NAME or lD # *^*a.*r" rrlr-tc
LABSMTORyNAME AC t-o,Lad[*i,* , E^r_IAB PHONE f (1?o) r?1 - aS4 o
DATE RECEIVED lN LABOMTORY___!__Ly-a /.1 3 DATE ANALyZED 3e-t4 \r-o-\"*,
COMMENTS
PARAMETER
(mgiL)
RESULT
NITRATE/NITRITE-N Bll-
(mglLl)
MCt
't0.0
10.0
1.0
EPA
METHOD
0rlfS?.2-
(mglll)
LAB MDL
b.6'l-
NITRATE.N
NITRITE.N
But-
sbL
l. [ \.ou
[. [o . oz-114f-.2-._ <r'e\
BDL = lndicatee that the compound was anallzed for, but was below the Lab MDG.
NT = Not Tested for compound.
mg/L = Millignams per Llter
MCL = Maximum Contiaminant Level
I 18 tc.p-
Date
ITIAILRESULTSTO: C&radoDepartmentof PuUlcHealthand Environment, WQCD-CMOIU-g4€00CherryCreekDrtuaSq.rth, Denver,co 8024&1530
Lab MDL = Laboratory Method Detection Limit
H = Holding Tlme has been
Colorado Department of public Health and Environment
Compliance Monitoring & Data Management Unit
REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALvSES
SAMPLER: PLEASE FILL OUT ONE FORM. FOR EACH INDIVIDUAL SoURCEIPLANT oT coMPoSITE SET
YES [ ] OT NO [X I THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS
***'r rsrRUcTtoNS/DEFtNtrrOrvs oN BACK OF FORM****
PWSID #: N/A COUNTY: Garfield DATE COLLECTED 2 126 IO2
SYSrEM/ESTABL|SHMENT NAME: Monument Ridoe subdivision
SYSTEM ADDRESS: c/o ?ancanella & Assts.. 1005 Coooer Avenue. Glenwood Sprinos. co g1601
Street address/p.O. Box Ci0-------Gie ZO
CONTACT PERSON:PHONE: (970)945-5700
SAMPLE COLLECTED By: Jeremv TIME COLLECTED: 11:30 am
WATER TYPE: I x ] RAW (No chlorine or other treatment) or CHLoRINATED t I or OTHER TREATMENT [ ]
souRcE(s/;LO CAT I O N (S).. - Address SAMPLE POTNT(S):
DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY?YEs I I Nolxl
For Laboratory Use Only Betow This Line
LABORATORY SAMPLE #8586 Zancane]. 1a E< Assoc.CLIENT NAME or tD #
LABORATOR' NAME Gr-and Jct " Labor-atori es LAB PHONE # (e7P 242-761A
DATE REcEIvED tN LABoMToRy Jjl ?7/ /c,r DATEANALyZED spe bptow
COMMENTS l"lethod f rorn "Annura1 Boolr of A$TH $tancrar-ds.,,
(ms/L)(ms/Ll)
PARAMETER RESULT MCI
NITRATE/NITRITE.N :.67 10.0
EPA (mg/Lt)METHOD LAB MDL
DI,1679OB f, _ f) i
D3q4#9{)B Jr_+r_D3867?Ag +€lr
but was below the Lab MDG.
NITRATE-N
NITRITE.N
?_ A? 10.0
r-t. ('r(:l 1 .0
Date,
ArraI yr ed :
3 i'7 / tt'?.
3/7 /CtL
?/27 /Ct?
BDL = lndicates that the compound was analyzed for,
NT = Not Tested for compound.
mg/L = Milligrams per Liter
MCL = Maximum Contaminant Level
Lab MDL = Laboratory Method Detection Limit
H = Holding Time has been exceeded
f)i rectc:r.Grand Jc.b. Lab 3/ tL3/ Kt?
DateTitle
MAIL RESULTS TO: Colorado Department of Public Health and Environment, WQCD-CMDM-82, 43Oo Cherry Creek Drive South, Denver,co 80246-1530
JOHN C. KEPHART & CO.
GflANO JUNiIION LABOflAIORIIS
435 NoRTH AVENUE O pxoxe: (9-ro) 242-761a I FAX: (97O) 243-7235 0 qnano JuNcrroNr coLoRADo
Received from:
_ ANALYTICAL
l"lsnurnent Ri dqe $urbcli.,,i gi srr'ihorlas Zancanel i a
1{}(!5 Cooper Ave,
G1*nur(3od Sprinqsr co i31&tl1
?7tt ?45-570t)
B5B6
I i 27i ()::
Laboratory No. _sample
REPORT _
rlancane,l 1a ,tr Assac.
Date Reported al 15/ 03
water
I t-,
Customer No.
Date Received
{3J Lab No.:
FhJS I D#:
Eournt./:
Datel
5:.rs. Namer:
511:;. Add . :
fir:ntact I
Col 1ec. by:
i X ) Treatmt:
Strurrce:
Lc:cat i s3n :
Sairrrple Pt.:
85A6
N,/A
tSar{ i el d
I/?e,I1li 1 1:Iiljii'l
lolonument lii tiqe Subcji'.ri si sn
l.{:}C,5 Eostrer A,re.
fhornas lancarrel 1a
Jerernv
Raw X
Chlsrinateo
llther
He1 I Ef,
f,i:urnty iicj 3Or) tBatt i'lescri
idel I heErd
''f est
iolethod
Date
f eEteci
Lewer
Limit
of Detectron
iotai Oi ss(]i veid liol i cis 584 mg r' i EF fi 1 d:,i) . :i J,i 1 ,i tJI
,rrq/1 = miliiqrarns pef- iiter Lab Dir":iJr i an 5.Eauer
@ LABORATORY & RAOIATION SEBVICES
81OO LOWFY BOULEVAHO
0ENVEB, CO 80230-6928
SAMPLE INFORMATION: IJ coMMUNrrY
NAME OF SYSTEM , CLILOBINE RESIDUAL''?ri"2l'iii, d+rre,nsor 77')""€i-i e.)
ADORESS CITY COUNTY
BY: (seupu MAy Nor BE TESTED lF ALL tNFoRMAnoN ts Nor PRovloED)
(47o t ils--s'.
FEE SXAMP
b'u
LAB 106 (07/97)
US MAIL WATER
33rR%ll'""".,? BAOTERIoLoGY 002l[t?FEB28'02 13:10
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NON.COMMUNITY
ROUTINE Bnaw E nepelr ponrxE MoNTH oF
Eltpecter- punpose E HNtsHEo
PHONE
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COLLECTE
MOST PROBABLE NO.
WATER 300t 0
RE.ET,ED / /
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COUFC'RM/IOOML
I.ABORATORY & RAOIATION SERVICES
81OO LOA'FY BOULEVABD
oENVER, CO 80230€928
US MAIL
PO BOX 17't23
oENVEF, CO80217 b)tt0
FEE STAMP
g,ll
lr8 106 (07/97)
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TESToRDERED Elsmag tr
LABORATOFY & BAOIATION SEFVICES US MAIL
81OO LOWFY BOULEVARD
oENVER, CO 80230-6928
PO BOX 17123
DENVER, CO 802r7
COMMUNTTY
Enomrc
Eltpsclu punpose E Rrt*teo
WATER
BACTERIOLOGY
CHLORINE RESIDUALng* frruczaX_
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OA'E NME
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NON€OMMUNITY
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RESULTS: sEE REVERSE FOR E(PI.AI{^TION
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SAilPLE INFORilAilON: IJ couuurnv NON€OMMUNITY USPRIVATE
E notmnp Ennw E nepeer ron ruE iroNrH oF
E specrupunpose E Rusxeo
,€rc,.,t
(SA['lPtE MAY NOr BE TESTED lF ALL INFOAMATION lS NOT PHO/IDED)
@dEr-ffi.Irs.A-rJEr-
SAMPLE
COUNTY
ORDERED BY: (seuple uev Nor BE TESTED rF ALL TNFoRMATToN ls Nor pRcnnDED)
FEE STAMP
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LA8 r00 (07/97)
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uosTPm&rB.E NO.
Form No.
GWS.25
APPLICANT
OFFICE OF THE STATE ENGINEER
^c_^qLoMDo qtytstoN _oF warER RESOURCES818 Centennial Bldg., 1313 Sherman St., Denver, CotoiaOo Ab2O'S
(303) 866.3581
MONUMENT RIDGE HOMEOWNERS ASSOCIAIION
% HEINEMAN PETER
,19423 N TURKEY CREEK RD STE B
MORRTSON, CO 80465-
(303) 6e7-0678
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth p.M.
DISTANCES FROM SECTION LINES
650 Ft. from South Section Line
450 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMTT NUMBER 05{i566 -l
MDDIV. 5 WD 45
1)
2\
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER, A WATER RIGHT
This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking reiief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and pump lnstallaUon
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90'137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an alternata point of diversion to the Avalanche canal and siphon, on the condition that the well shall be operared
only when the West Divide Water Conservancy Districfs substifute water supply plan, approved by the State Engineer, is ineffect, and when a water allotment contract between the well owner and the West Divide Water Conservancy Diitrict for therelease of replacement water from Ruedi Reservoir is in etfect, or under an aporoved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, theinigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use ofthis well will be curtailed unless the water allotment contract or a plan for augmentation is in erfect. This well is known asMCNUMENT RIDGE WELL #2.
5)
6)
7l
The maximum pumping rate of this weil shall not exceed 1S GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. permanent recoros of alldiversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer uponrequest. ,$D ? -g_c IU
8)
e)
CONDITIONS OFAPPROVAL
/, .'N,/Hiz-dt-
Byv' ExPrRAloN DArE OCi n t ?f,
L"t Yy
Form No.
GWS-25
APPLICANT
OFFICE OF THE ]TATE ENGINEER
"qp^19 BAPO -qtyr s toll _o F wnrE R RESO U RC ES818 Centenniat Btdg., 1313 Sherman St., Oenver,-CotoiaiilAiClOS'-- - -'
(303) 866-3581
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRISON, CO 80465-
(303) 6e7-0678
APPROVED WELL LOCATION
GARFIELD COUNryNE 114 NE 114 Section 19
Township 7 S Range g5 W Sixth p.M.
DISTANCES FROM SECTION LINES
620 Ft. from North Section Line
910 Ft. from East Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMIT NUMBER
DIV.5 WD45
t)5ri569 tr-t
MD-
1)
2)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFERA WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vestedwater right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and pump lnstaltation
Contractors in accordance with Rule 19.
Approved pursuant to CRS 37-90'137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an alternate point of diversion to the Avalanche canal and siphon, on the conoition that the well shall be operatedonly when the West Divide Water Conservancy Districfs substitute water supply plan, approved by the State Engineer, is ineffect, and when a water allotment contract between the well owner and the West Divide Water Conservancy Diitrict for therelease of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, theirigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use ofthis well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known asMONUMENT RIDGE WELL #5.
The maximum pumping rate of this well shall not exceed 15 GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court casenumber(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. permanent records of alldiversions must be maintained by the well owner (recorded at least annually) and submifted to the Division Engineer uponrequest. lb ?_u-o t
Lot E1
4)
5)
6)
7)
8)
e)
krD".q.r.rJ*r,oN
DArE OCI 0 I ZlDATE ISSUED
Form No.
GWS-25
APPLICANT
OFFICE OF THE IATE ENGINEERq-qLoMDo DtvtsloN oF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3s81
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRISON, CO 80465-
(303) 6e7-0678
APPROVED WELL LOCATION
GARFIELD COUNrySE 1t4 NE 1t4 Section 19
Township 7 S Range 95 W Sixth P.M.
plsTANcEs FROM SECTTON LINES
2270 Fl. from North Section Line
1200 Ft. from East Section Line
UTM COORDINATES
Northing: Easting:
WELL PERMIT NUMBER
DIV. 5 WD45
o56572
Lot: 11 Block: Filing: Subdiv: MONUMENT RIDGE
ISSUANCE OF THIS PERMIT DOES NOT CONFERAWATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2l The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado
River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be oparated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the
release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD
contract #01 0531 MRHA(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
inigation of not more than 2,500 square feet of gardens and lawns, and the watering of two head of livestock. All use of
this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as
MONUMENT RIDGE WELL #8.
The maximum pumping rate of this well shall not exceed 15 GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request' lD q-x-o,
Ldl E5
5)
6)
7)
8)
e)
A.
DAT ExprmroN DArE OCT 0 I 2A=,
'ocI 0 I
l-orm No.
GWS.25
APPLICANT
UFFIUE UF IHts STATE ENGIN
^C- QLO RADO DIVISION -OF WRTER RESOU RCES818CentennialBldg.,1313ShermanSt',Denver,cotohooeb2o.3
(303) 866-3s81
ubuururNT RTDGE HoMEowNERS AssoclATloN
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORRISON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATION
GARFIELD COUNrySW 114 SW 114 Seciion 17
Township 7 S Range 95 W Sixth p.M.
DISTANCES FROM bECTION LINES
300 Ft. from South Section Line
300 Ft. from West Section Une
UTM COORDINATES
Northing:Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injurv to existing water rights. The issuance of this permit
does not assure the applicant that no iniury will occur to another vested water rignt or preciude another owner of a vested
',rrater right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water well Construction Rules 2 CCR 402-2, unless approvalof a variance has been granted by the state Board of E:<aminers of water well construction and pump lnstallatiori
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37'90'137(2) for the construction of a well, appropriating ground water tributary to the ColoradoRiver, as an altemate point of diversion to the Avalanche canal and siphon, on the condition that the well shall be operatedonly when the west Divide water Conservancy Disficfs substitute water supply plan, approved by the State Engineer, is ineffect' and when a water allotment contract between the well owner and the West Divide water Conservancy Diitrlct for therelease of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. wOWCOcontract #01 0531 MRHA(a).
4) ihe use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelting, theirrigation of not more than 2.500 sguare feet of gardens and lawns, and the watering of two head of livestock. All use ofthis well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known asMCNUMENT RIDGE WELL #18.
WELL PERMIT NUMBER 0s6s62
DIV.5 WD45 DES. BASIN
5)
6)
7)
8)
e)
The ma.(mum pumping rate of this weil shall not exceed 1S GpM.
The average annual amount of ground water to be appropriated shall not exceed 0.6.1 acre-foot.
The owner snall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court casanumber(s) as approoriate. The owner shall take necessary means and precautions to preserve these markings.
This well shall be constructed not more than 200 feet from the location specifieo on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. permanent records of alldiversions must be maintained by the well owner (recorded at least annually) ano submitted to the Division Engineer uponreouest;P g-a*ct
Lo{cr-3
0 1 2001
Form No.
GWS-25
APPLICANT
(3C3) 866.3s81
OFFICE OF THE STATE ENGINEER
-qp^LoRADO D,tytstoll oF wRrEn nesouRcEs818 Centenniat Bldg., 1313 Shirmin St.l OEnrer,'Coorado aO2O3
MONUMENT RIDGE HOMEOWNERS ASSOCIATION
% HEINEMAN PETER
19423 N TURKEY CREEK RD STE B
MORR|SON, CO 80465-
(303) 697-0678
APPROVED WELL LOCATION
GARFIELD COUNrySW 114 SW 114 Section 17
Township 7 S Range 95 W Sixth p.M.
1000 Ft. from South Section Line
420 Ft. from West Section Line
UTM COORDINATES
WELL PERMIT NUMBER
DIV. 5 WD 45
E..,
MD
Northing:Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
This well snall be used in such a way as to cause no material injury to existing water rights. The issuance of this permitdoes not assurs the applicant that no injury will occur to another vested water right or prectude another owner of a vestedwater right from seeking relief in a civii court action.
2) The construction of this well shall be in compliance with the water well construction Rules 2 ccR 402-2, unless approvalof a variance has been granted by the state Board of Examiners of water well construction and pump lnstallationContractors in accordance with Rule 19.
3) Approved pursuant to cRS 37'90'137(2) for the construction of a well, appropriating ground water tributary to the coloradoRiver' as an altemate point of diversion to the Avalanche canal and siphon, on the cindition that the well shall be opsratedonly when the west Divide water conservancy Districfs substitute water suppry plan, approved by the state Engineer, is ineffect' and when a water allotment contract between the well owner and the west Divide water conservancy District for therelease of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. wDwcDcontract #01 0531 MRHA(a).
4) rhe usa of ground water from this well is limited to ordinary household purposes inside one (1) single family dwefiing, theinigation of not more than 2'500 square feet of gardens and rawns, and the watering of two head of livestock. Alt use ofthis well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known asMONUMENT RTDGE WELL #19. --v'i!vr'!-'rv'r '|e
5) The maximum pumping rate of this weil shail not exceed 1s GpM.6) The average annual amount of ground water to be appropriated shall not exceed 0.61 acre-foot.7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court casenumber(s) as appropriate' The owner shall take necessary means and precautions to preserve these markings.8) This well shall be constructed not more than 200 feet from the location specified on this permit.9) A totalizing flow meter must be installed on this well and maintained in good working order. permanent records of alloiversions must be maintained by the well owner (recorded at least annually) ano suomitted to the Division Engineer uponreouest. ll trdu ?-#-o 1
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ExprRAroN oArE OCI 0 , )
H
L.l Et
RUVISEo 7/29t99
WEST DIVIDE WATER CONSERVAIVCY DTSTRICT
WATER AJ,LOTME}M COMTRACT/LEASE
llame of Aoplicant: -l\eilune]t.t Rldge. lIomeor,rners Assn.
Ouantity or Hater in Acre Feet:4.90 AE consumptive use
Appl l'cant' hereby appl ies to the Hest Divide water conservancy District. a pol iticai suo<iivision ot the s'atei)r Colorado. organized pursuant lo and exist.ing by virtue of C.R.S. i973. S37-4S_t01. et seo.. (hereinafter referred to asine "Distrtct") fbr an allouent contract/lease Eo beneficially and perpetually use water orwater rights oufled. Ieased. ornereaiter acouired by the District' 8y execution of lhis contract/lease and the attached applicat.ion. lpplicant hereDy agreesio the iollowing Eerms ano conditions:
l" t'later tliohts: Applicant shall oum water rights at the point of diversion herein lawfully enciLling'\opllcanc Eo divert'iraterl /vfilch wiil be supplemnteo and auqmnEed by warcr leased herern. If Applicant intends to divert;hrougn a ^eil.'it must be understood by Applicant ihac, no right io diverE exists until a valirt r,ep permit is obtaine<t fromrne rioloraocl 0ivrsion of llater Resources.
2' Ouantitv: t'later applied for by the Applicant in rhe amunE set forrh above shall be diverreo aEAoplicanc's point of diversion frcm the Di'strict's direct flow,rater rignB. and,,fien water is unavailable lor diversion
'ursuan[
i0 adrlnistrat'ion by Lhe colorado sLate Engineer during perlods,dlen said direc*ron n"."" .ir;; ;;;. in prroriEy.:'he'Jlsti'ict shall release ior Ehe use of Aoplicant u0 to said quantity in acre feet per year of storage waler ohneo or:oncroileo cy rhe Districc. It is understood Ehat any quantity allotted frcm rjirecr t.low. storage or o[heFrise. ;o [he'l00l rcanc uy lhe Dis[r'lct hl l l be l imtted by the prionty of the oistrict's decrees ano by the physrcai and regar avar laor l iry;l r.['er :rem 0isLrlct"s sources' Any quanEity allotteo wrl'l onry oe provrded so rong as ,,,,arer is avairabre and the Apolic]nE'uij); comoiies iri[h all rlf lhe Eeflns and condittons of ihis concract/rease. Ihe Dis[rict ano the Aopricanc rerognlze ihac:orle or ine 0istrlct's <Jecrees may be in lhe na[E of i,he Colora@ River HaEer (..onservaE]on DisLr.tct. and Ehe aoi lity oi EheJisil'lct r'o ailoL direcl fio"r right to lhe ADplicant may be 'JepenoenE on the consen[ of rhe cororado River ,,,ra[er (:onser,/a[ionilisi:rtc:' If ':c any llme lhe ApplicanE determines it.equrres ]ess wacer rhan the ar.unt herein provioed. Applican[ may so'toriiv Lhe .)istrict in ''vrtErng' and the afl)unt, of,racer arlotteo under Ehis ccnuract/rease shail ce reouced permanenrrv in-rcccr(larlc3 rl[h sucn no[ice' Rates snall be adius[ed accordingi;r rn foilowlng .rager years onry.
llse: Any and all rvac€p ttl locted Aoplicanc by che iJrscr.rci
,;;; ;;.ffi:lTI'.1.,.;.iii dacef alloLted shall hp rrifhin ^^ ih-^..-- .-^:r:L:;;;":' ;.' ;:.:' ;;l I #: :'.illJl'
4' Decrees and Delive.r: Exchange reieases made by Ehe oistrict out of sLorage from Rr.reoi Reservorrin. (i1'ssn Moun[ain Rese.rotr' or othe.iorks or faciiil,ies of [,he oistrict, or from other sources avaiiabre to [he 0iscric[.''narl ue 'leiivered r'o [he Applican[ aL lhe ouLle[ uorks of said storage facilrLies or at lhe decreed porn[ of rr.iversron ior;al(l()ther sources' ancl release or rleliver;r of {aten ac such oucrec or points shail constrtu.e performance of Bhe DisErrcE, :[ocai ()bllgacion' Delivery of water by the oistrict Frcm Ruedi Reservoir or Green Mountaln Reseryoir sha, be suo.]ec. roihe 0istrlcc's lease contracEs with the Unite<t sl,ams uureau of Reclamation. Releases lrom other raciliLies nvairaole:o
aonar-",
Map rD #,s 374_ab';"-'Dare Acrivared oi)lttot
-
0istrtcL shall be subiect lo the contracts. Iaws. rules. and regulations governing releases therefrpm. Furthem.re. Lheoistrir:l hereby expressly neserves the right Lo store water and to make exchange releases from struc[ures lha. may be built'rr conlrolled by the 0istrict tn the fuLure, so long as the water service to [he Applicant, pursuanc lo th.is agreernent. .is
ttor trnpatred bv said action' Any quantity of the Applicant's allocation not delivered to or useo by Appl.icant by [he end')r'rach ha[er year (october l). sha]l revert to Lhe water supplr'es of lhe District. Such reversion shall not entitle.loplicanl Eo any refund or payrnent macte for such water.
''later service provided by Lhe oistrict shall be limited to the amcunt ofwater ava'ilable in priority aE Lhect'lgtnal potnc of diversion of the District's applicable hlater right,. and neither the 0istrict. nor those entiiled to utilize[ne Dist'r'ict's decrees' may call on any greater aflrcunt at ner{ or a]ternate points ot diversion. The Oistrict shall requescihe colorado 0ivis'ion of Hater Resources Eo estimate any conveyance losses beBieen the original point and any aiterna.e point.
3n0 such esLimate snail be deducEeo irom Ehrs aflEunt in each case.
5' 0ecrees for alternate points of diversionill lllle Disirict's water righEs or storage water may be require<t in oroer For ADolicant [o use the wacer service conteflplaEeoner€unoer' 0btaining such oecree is Lhe exclustve responsibility of Applicant. The oistrict reserves lhe right lo revie,vand ']opmve any conditions'dtich,IEy be attached to iudicial apprcval of said alternate point of diversion as cont$platedr)r necessary lo serve Applican['s factlities on lan<ls. Applicant ackrrcwledges and agrees that it shall be solely responsibleior Ehe croceoul?s and legal engineering costs necessary ior any changes in .dater rights conEemplaced herern. ond further'lgrees Lc indernify the DisErict frorn rny costs or losses related thereto. Aoplicant is soiely resoons.ible ior provioinq
'*rrks ]no rac! liE'ies necessary to obcainldivert Ehe wacers at said alternace po1nt cf cliversron and r.leliver :hem iol00licont s intended benefictal use. Imesoective of the a[DUnE of water aclually Eransferred Eo cne Applicanl's poinc ;r{llverslon tne Applicant snall mare annual payrenEs Lo Lhe Distrrct based uoon Ehe arount, of,ra[er allotted under Ehis:cncracIr i ease.
In lhe event Lhe lpplicant intends Eo apply for an alternaue point of diversion and Eo oeveiop anaugmenca[ion plan and institu[e legal proceedings tor the apprlval of such augflEntation plan lo allordtheAoolicant Eo utilize[he ilaEer allotted to-Appiicanc hereunder. uhe Applicant shail give the 0istHcE written notice ot sucn inrcnt. In Lhe even[lhe Applican[ tlevelopS rlo0 ad.iu<ticares its oum augrtntat'ion plan to uti.lize uhe water allorted hereun@r. Appl,icanE, shail.oc Je ooligaEed Eo pay any afi)utl[ under Paragraph 19 below. tn any event. Ehe 0istnct shall have rhe.ght r:o approve orrttsaoprove the Appiicanc s dLlgmentation plan and t'he Applicant shall provioe ihe Distr.ict copies cr sucn plan ano or aiipieaoings and oEher paoers iileo with Lhe water court in the aojudicat:on rhereoi.
'' ' 'ioncract/lease PavnBnt: Non-rerunoable. one gime aomrni st,ratrve charge. rn [he amunt deEermlneoDy i'ne 3oaro orl0irectors:f uhe oistrict irum tirB to liIIE. snall be suomrried wrrh ihe applicac:on ior consrderarion oylne i)t st,rl c!
{nnuai oayren[ for i'he water servlce descrrbeo herern snall :e deEennlned by the Boaro or DrrecEors i)r ihe0is[rrc:. Ihe rnrt,ial onnuai paytenL snall be maoe in full. riBhrn thirty (J0) oays arter the Oaf.e oi noc.ice Lo [he Arolicanr:hat :he intctal payflEnt is cue. sald notlce will advise the Applicanc,, among ouher thrngs. of r-.he,racer delivery year io'rolcil ih€ inttial payflElt snall aoply ano the prrce hnlch is aoplicaoie lo:hac year.
'\nnual paymenr's for eacn,vear ihereafter snaii be rlue ano payable by the Apolicanc on or berbre.lacn'january i ' [f an annual payflEnt is noE, maoe by the due darc a flac, 550 iate iee wrl] oe assessed. Final written noctce prror;0c:lncellat,ronwill besenEcertrfiedmail. ceturnreceip[requested. lolhei0pltcanuatsuchaddressasmayDedesignaceo
):/ ihe jiooltcJnt in v{rit'ing or se[ iorth in [his con[ract/lease or applicaL]on. l.lacer use ior any part oi a ,r,acer .vear snaii:'equlre pavrcnt for [he enclre water year. Nothing heretn shall be construeo so as [o pre,/ent Ehe ciscrlct from ad.]usrrng:he nnnuai race in iLs soie discretron fbr fuilre years oniy.
tf paynenc is not made within iifteen (15) days after l,he date r:f said ,,rrtten notice. Applicanc :nall acDistrlcE'ssoleopcionhavenofurtherright' titleorinterestunoerEhisconEract/leasewiEhou[ Furcnernotice. andrJeliverv
-
nay be irrEdiaEely curtailed. The allotnBnt of water. as herein made. may ue traniferreO.leased, or othenrise ar'sposeO orJr Ehe drscreEion of lhe Board of 0irectors of Ehe 0istrict.
upon cancellation of this'rater allotrent contract/lease with Ene District. lhe 0istricE shall notify uhe
Divtsion of'Jater Resources oifices in Denver and Glenrrood Springs. The Division of l{ater Resources may Lhen order cessacion
0I all ^acer use.
7 AddiLional Fees and Costs: lpplicanE agrees to detray any expenses incurred by the DistricE in
':onnec::0n wi Eh ihe alloEmnc of wa[er rtghts hereunoer. including, but noE limited to. reirburserpnc of legal and engineering
:osrs lncurreo in connectlon litth any'trater rtgnts and adjudication necessary ro allow Applicant's use of sucn allocted wager
i r gnc,s .
8. AssionrEnE: fhis contract/lease shall inure to Ehe benefit of tfie heirs. successors or assigns of
;he part'ies he,€to. Any assignrent of the Applicant's rights under this conuract/lease shall be sr6Ject Eo. and flrJst cormly
ritn. sucn reguireflEnts as che 0iscrict rmy hercarter adopt negar{irE assigrmnE, of contract/lease nignts and Ehe assuDtionrli concract/lease obligacions by assignees and successors. Nothing herein shall prevenE, succ€ssors !o a portion or
Ao0licant's prcperty frcm aoplying !o the 0istrict for indlvidual and separate alloutEnt contracts/leases. No assigflrElE
:hall ce,'eccgnized by lhe 0istrict except upon completion ano iiling of proper forms for change of orrmersnrp.
Upon che saie of uhe real proDerty to "ilicfi this contract/lease pertains. ADplicant has a ouc,y Eo make Duyer
iware'ir:nls con[raci,/lease ]no proper ibr-ms for change oI o,mership must be comoleted.
9. 0ther Rules: lpplicant shall be bouno oy the provisions or the i{ater conserrancy Act of coloracb:
)y ihe I'lies'lnd regulations of Lhe Board of 0inectors of the 0istrict,: ano all amndmnts therEoT ano suopiemnEs EhereEo
,no by ; i I cther .appl i cab ie law.
II0. 0Deration and Hainteflance Aorcemnt: Applicant shall enrcr into an'0peration and t{ainrenance
AgreelElE'efith the oistrict'flder letrls and conoitions detemlned by the board of D'ir€ctors of ihe 0istrict. if and,nnefl.
:he Boaro of sato Disf,rict' oetermines in its soie oiscretion LhaE sucn an agreef,Ent is requrred. Saio agreercn1, inay contarn.
Juc shail nou be limited lo. prcvisions for aodit:onal annual rmnetar? consideration for extensron of Distrtct delivery
,ePlces ano for additional adnnistration. operaEion. and malnEenance costs: or for oiher costs io ihe Dis[r.ie,,fiicn nay
irrse lnrougn ser,rices maoe avallaole [,0 uhe fpplicanc.
,iI. ihanoe of t,se: The Oistrict resen/es Ehe exclusive rignt to revlew. reagpmve or oisaoprove an;r
iroooseo cnanqe in use or :ie haEer allotted hereun@r. Any use other ihan lhaE set iorth herern 0r any iease or saie or
thQ rilcer 0r'rclt,8r'r"tghrs :llotteo hereunder wtEhouE ihe prror ,rrr tten approvat or ihe Discr.rci snalj De oeo-meo r:o !e a
ra[er':aI oreacn of chts concract/|ease.
'-2. Jse ind Place oi t,se' Aoplicant agrees Eo use che,raf,e!" rn che manner ano 0n lhe orooerty,lesc:.lDec
rn ;ne:OculEnf,s suomlcteo;o r-he DistrlcE a[ the li[E thls concracf,/lease is e.xecuceo. or in any ooera[ion an<l ,mintenance
igreefllerlc grovlcleO by Appiicanc. Any use ocher ihan as set iorth ther€on or any lease or sale of ;he waEer or.,r3E€t r.lgnts
]er?ln. ')Gher:han as permlcred in caragraon 3 above. snall be deeflEd:o De a rnat,errai breach of ;his agregrEnE.
t3. :';tle: [t is understo@ and agreeo lhaE nothing herern snal] be rnrerpreEeo Eo glve lhe AoolicanE
iny ?eulcebie or leqal lee :ltle inceresE in or:o any waEer 0r'/iaEer rlgncs refemeo io hereln.
14. ccnserva[ion: Aoplicanrsnal]useccrmnlyacceptedconserva['ionpractices,rithrespeccloiheriacer
ino ,aEer rlghts nereln. and hereby agr€es Lo be bound by any conservation plan adopEeo hereafter by lhe oiscrrct ior ,Jse
rlf CisirrcE ohmed or concrolletl water or ,/rater rights.
t5' Restrict'ions: Applicanc shall resErict actual diversions to not exceed theconErafi/Lease afirunE,.'"nicr provides'^frt[er (on ihe fornula of one acre foot per 6€lling) for ordinary household purposes inside one single iamr.ly
-
<.luel linq. [he waLering of donestic I ivesrock. fire pmtection. an<r rhe
garden
irngalion of up to 6,000 square feet of )awn and
rhe ,;olorado o,r,i:::':il;.'lli..r,.lor:f,,
with all restricrions and limirations ser rorrh in Lhe,"eil pemrt obLained rrom
l'Jatering of livestock shall be restricted to Applicanu's doresiic animals not io be used for comnercialpurposes unless Appl icant obtains aporoval lrom the colorado Division of Hater Resources for corn=rcial use/lives.ock ,rratering
'1r a horse Doarding faclli[y' provided Lhat in no evenu shall actual diversions exceed Lhe anrrunt of,,vater provrded by thisi:on UracE,'Lease.
violation or this paragraph 15 shall be deemed to be a material breach of this cbntract/Lease.
l5' l{ell Permit: tf Applicant intends to divert thrcryh a,,iell, then Applicant must pmvide Eo Districta copy of Applicant's valid'aell pennit berbre Oistrict is obrigateo to deliver any water her€under.
L7 ' l''leasurino Device or I'leter: Appl icant agrees to provide. at its oum expense, a Lotalizing f.lor reter'rlch retm[e readout [o concinuously and accurately flEasur€ aE all tirBS all water diverted pursuant to Ehe Eerms ofioplicJnc s rauer night anri lhe Lerms of t'his cont'ract/lease. Applicant agrees to provide accurate readings irom such devrcelr rleEer :c Dist'r'ict u@n 0istrict's request. Applicant acknorledges thau failure to conply with this paragraDh could resurtin iegal icuion Eo terminaEe Applicant's divers'ion of'rater by the suate of colorado oivision of l{ater Resources. By signing.:nls ccncract' Applicanc hereoy soectficaily allows District. c,hrougn iL,s authorizedagent, toenter uponaopricant.s pr,oer.yr:urlnc lrdinar-v iusiness nours for the purposes of deterrinrng applicang's actual use of w(rter.
tg Reoresentations: By executing Lhis contract/lease. Appricant agrees that it is not relying on anyiegal or engineering;advice,that Applicant may believe has been received from the District. Applicant further acrmowledgeslhat ll has obtained al1 necessary legal and engineering advice from Rppricant's or,{l sources other than rhe ,rstrrct.A00l icanc iurrher acknq'Jleoges that the District makes no guarantees, warrant'ies. or assurances ,.flatsoever about uhe quantity'lr quaiity of ivat'er available pursuant to this contract/lease. should the Distrrct be unable to provide the warcr contracrcd:'or herein' no damages may be assessed against lhe 0istrict. nor may Rpplicant obtain a refund from rhe Disirict,.
!9.ShouIdtheDistrict.initsohndisc!.ecion.
cnoose io include lpplicant s contract/lease herein in a warcr court filing ior arternate poinc of diversron or pran oi'lt/qflEntaclon' then Aoplicant' neneby agrees [o pay to Lhe 0istrrct, when assessed. an additionai ree reoresenc.lng:helistrict s actuailand neasonaDle costs and fees for Aoplicant's share of Ehe proceedings. Aoplicant snalr De assesseo a prc-.aca :;nare r)r ih€ Eotal cost lncurred by lhe District in preparing. filing and pursurng ro decree rhe,xater court case. rhe:ro-r'ata Snare shall be calculated by dividing such rocal cost by ihe nunDer of conrractees/ressees incluoeo,n rhe rii,ng.io ;he'?'\[ent [haE Lhe Distric! is caused additional costs because of ob.lection iired specrficaily rJue ro rhe rnclusron or,;t)plr(:3nE' j conEracUlease in [ne li]ing. sucn addiL.ional costs may be cnarged specifically fo &plicant, ano noE snare(, 0ni :iro-rara oasis oy al'l concrac[ees/lessees.
20' Eindino Aoreemen[: Ihis agreemnr shail not be comlece nor binding uoon lhe ,istr.ic[ unless,,Etacheo hereco is [he Form encitled'Aoplication and Data Fonn to Lease water From lrlest 0ivide Harcr conservancy Distric:-iuiiy comole'ed by Aoplicant and approved by the Distrrct's englneer. sard a[tacnr.nf,s shall by thrs reference Lhere[o cerrlc,rDora[ed into Ehe uenns oi this agreefient. All co*espondence trom Lhe DisLrict to Appricant referr.rng [o or rerat.lng:o r'hls igreeflEn[ is by [hrs.eference incorporated into rhis agreeflEnt as further rerms and conoiLions oi:hrs agree,nen[.
2l' t'larnino: ir Is rHE SOLE RESP0NIBILITY 0F IHE AppLICANT r0 oBTAIN A vALID r.rEtL pERt{tr 0R ,IHER ,ilArERRtGItI iN ORDER I'O OIVERT HAIER' INCLUOING II{E !{ATER ACQUIRED UNOER THIS CONIRACT/LEASE. tT IS THE COI{TINUING OUTY OF IHEiPPI.IfiNT IO MTNTAIN IHE I/ALIDITY OF THE I,JELL PERHTI OR WAIER RIGHI INCLUOING FILING FOR EXIENSIONS OF PERI{TIS. FiLING.,{ELL
ffifi;til[TlhJtj$rsrATEilENrs 0F BENEFICIAL usE' 0R 0THERHTSE r-A],FuLLy AppLyrNG THE r,rArER ro EENEFICTAL usE oN A
-
'r
-/'
- " -" 22' AREA B G0NTRACTS/LEqSES: IF APPLICANT'S I'IELL 0R oTHER uAIER RIGHI ftAT Is IHE sUBJEcT 0F THIS
'ONTRACI/I.EASE
IS LOCATED OUTSIDE 'AREq A" AS DESIGI{ATEO BY THE DISTRICT, IHEN THIS PARAGRAPH APPLIES: ruE ALGI,IFNTATTN., I.'^TT^rnrLr . *rEN *rs pARqGRApH AppLIES: THE AIJGTIENTATI0N ',rArERPROVIOEO BY THE OISTRICT UNI)ER THIS CONTRACT MY ONLY PROTECT APPLICANT'S WATER RIGHI FROH A CALL ON IHE COLORAOO RIVER AII')MY NOI PROTECT APPLICANI FROH A CATL MOH ANY OTHER SENIOR RIGHI. NO REPRESENTAIIOI,I OTHERXISE IS IAOE BY THE OISTRTCI.tF IHIS tS A CONCERN IO APPLICANT, THIS CONTRACT/LEASE HAY BE RESCINOED UPON HRITTEN NOTICE OELIVERED IO IHE DISTRICI BY IHEAPPLICANT ''IITHIN THE NEXI -10 DAYS FOLLOI,/ING IHE AFFIXING OF SIGMTURES ClN THIS CONIRACT/LE.\SE IN'/H[CH EVENT ALU SIIHS PAII)3Y APPLICANI FOR IHIS CONTRACT/LEASE SMLL BE IM{EDIATELY REFUNOED IO APPLICANT.
STAIE OF COLORADO
il0Uttil 0F GARFIELD
)
) ss,
r lhe r'oregorng instrlmnt ,ras acknowredged before nre on/t-re,r' /f ezru,nn,,n, .,14T{ " llnxa-i lLt ,,
Hitness my hand and off.icral seal.
My comrssion expires: 1o-/3'O4
2.
1
After a hearing by the goaro o.f Directors
is nereoy oRDEREo that sa.id applicau.ion be granted and
OROER
of the tlest Divide !,,ater Conser,rancy Disrrrcs on lhe aoplicau:on
this conrract/lease shall be ano rs accepteo by che Disirict.
-\ I Ii:f, i
,-J1
.'V'/y'-l-t -/
Secretary
Ihis contract/lease incluoes and is
'lccom)any lhls contract/lease:
0are
subject to [he Eems ano conoitions of rhe ionowing cocrJrEnEs dnich musE
l.Map sno/',ing location of point of oiversion (use map provided)
Appiication and Oa[a Form fully ccrpleted and signed
KATHLEEN L.'BILODEAU
NOTARY PUBLIC
STATE OF COLORADO
Presi denc
-
MONUMENT RIDGE DGMPTION APPLICATION
Chain of Tifle from l111016l
The Parcel appears to have exiqted as a 280-acre parcel on January l, 1973. -On
September 23',1^9'lq a200 acre parcel was sold and a sepaxate 80-acre parcel was held.
Th. 80-u.r" parcel was includ.d in th. subdivision of Monument Creek Village, Section
l, platted in iggt. Ogr record search has not indicated an existing Exemption Plat filed
with Garfield County. Copies of the referenced deeds are attached.
Chain of Title for Proposed Monument Ridge Property
November 10, 196l :
Grantor - Julia V. Morrow and Ruth V. Keithley
Grantee - John W. Savage
Parcel Size - 280 acres
Garfield County Book & Page -8337, P480
August 26,1974
Grantor - John W. Savage and Joan L. Savage
Grantee - The Oil Shale Corporation (TOSCO)
Parcel Size - 280 acres
Garfield Cotrnty Book & Page - 8463, P535
September 23,1974
Grantor - The Oil Shale Corporation (TOSCO)
Grantee - Skyline Oil CompanY
Parcel Size - 200 acres*
Garfield County Book & Page - 8464, P585
*Remaining 8O-acres held by The Oil Shale Corporation (TOSCO)
November 21, 1988
Grantor - Skyline Oil CompanY
Grantee - HCC.Development, Inc. (Houston Center Cogporation)
Parcel Size - 200 acres
Garfield County Book & Page -8744,P510
January 18,1992
Grantor - Houston Center Corporation
Grantee - David F. France and F. Elizabeth France
Parcel Size - 200 acres
Garfield County Book &Page - 8834, P445
September 28,1992
Grantor - David F. France and F. Flizabeth France
Grantee -Irving D. Cohen
Parcel Size - 200 acres
Garfield County Book & Page -8842,P703
MONI'MENT RIDGE E)GMPTION APPLICATION
Chain of Title from I 111016l
Page2
October 10,2000
Grantor- hving D. Cohen
Grantee - Foothills Land and Development Incorporated @resent Owner)
Parcel Size - 200 acres
Garfield County Book & Page - Bl2l3' Pl6
Remaining 80-Acre Parcel :-
June l98l
Monument Creek Village, Section One - A part of the Battlement Mesa P.U.D. Platted.
The remaining 80-acre parcel used in conjtrnction with other parcels to create the
subdivision.
Platted by - The Oil Shale Corporation (TOSCO)
hne22,1982
Grantor - The Oil Shale Corporation (TOSCO)
Grantee - Battlement Mesa,Inc. and Exxon Corporation
Parcel Size - 80 acres
Garfield County Book & Page - 8601, P658
I
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,]C.ct-- cGC . Ct -t3
Bacorded st....8.j.3.ta...-..o'elocr-...-.0...... ,. .-.-9!1..!..i-.t97-{-
*".n.r. ro.-86485l [rra srepbens. Becordor Btll;d464' ?Ati5g5
SPECTAL WARF"ANIY DEED
3:'Il :i:::'-:""i nt
sEP 3 3 ts74
g Z'*-.: !*cs, r!s-{s: h t, a ..
executed and derivered this i, **. day of
L974, by THE OIL SEALE CORPORATION, a tilevada corpo-ratior{ .(hereinafter sometimes carted "Tosco"), as Grantor, to sI(yIJrNEOIL COl,lPAlIy, a Nevada corporation (hereinafter sometimes called "Skyline,,),as Grantee.
lttis deed witnesseth that Grantor, for and in consideraEion ofthe sum of Ten Dollars ($10.00) and other good and valuable considerat,ionto crantor in hand paid by Grantee, the receipt and adegtracy of, whichconsideracion is hereby confessed and acknowledged, has granted, bargained,sold and conveyed and by these presents does grant, bargain, sell, con-vey and confirm unto skyline, iEs successors, and assigns the surfaceto the following descrj-bed property in Garfierd county, cororado, to-wit:
Township 7 South, Ranqe 95 West, Gth p.l.t.
Secrion 12: wlswtswt
Section 18: SEkSEL
Section 19: ElrNEk
Section 2Oz gvJl-olwl, wLNwkr{wt
containing 200 acres, more or less.
. E:rpressry exceptlng from the operation of this deed and re-serving In-tq Grantorr. J.ts aucceaaors and assigns,
a) all water, ditch and reservoir rights andinterest oruned by TOSCO and usecl on or
;::::fi:.'ii!:=;:anceE to the &ove
b) any and all oil and gas and otsher mineralrights cwned by Grantor.
'subject to the matters, burdens, riens and encumbrances, excep-tl-ons and reservations, if any, set forth in any deed by which Grantormay have acquired titre to said lands, arso subject to Lhe following:
\
-r
This deed is
\
Dori(4€;4 rAciSgS
a) Any and all unitization agreements,
' *I ::i.ill":"il!lll3;"ll'il3l;ll3'li'
conveyed;
. c) Any and all oil and gas, oil and g{s
rights, and royalties heretofore re-
served or conveyed;
) any and all oil and gae leases;
' e) -'Any'and aII.roadways, publiq or private
and roadway rights-of-way;
f) Any and aLl reservations of record;
g) Any and all eaeements and rights-of-wayof record, or visible on the premises;
h) Any and all special improvement andstatutory districts;
i) Any and aII possessory rights, includingagricultural lease .to Robert Latham;
j) Any and aII taxes and special assessmentg,
and any liens created thereby.
To lrave and to hord said interests in said lands and appur-tenances (exclusive of water) unto Grantee, its successors and-lssignsforever
And Grantor, for itself, its succesgors arrd assigne covenants
-.'5n& agrees. to'warranr andl..for€ver detend,'.6n4;-;;;a";,-iir-**"a;oi.,
and assigns the jnterests hareby conveyed to Grantee agalnst thc 1awf,u1claims of any and all persona nou, or hereafter raufulr! claining thesame or any part thereof by, through or under crantor, excepting fromsaid warranty all ixceptions and reservations set forth above, andexcepting the lien of taxes and assessments not yet due and payable.
the
IN WITNESS I{HEREOT.
and year first above
the Grantor has executed ttris instrumentwritten.
TIIE OIL SHALE CORPORATION,
a Nevada corporation
-)-
ouri(464 ?ASagirz
The foregoing instrument $ras acknowledged before nre thie lzth
day of Seotember , L974, by Tohn B. hreedv
Vf!g_ President and H. Mlchael Spence as Asslstant S€cretary
of THE OIL SHALE CORPORATION, a Nevada corPoration':
WITIIESS my hand and official seal.
Irlv cornrnigsion expiree: - -.-.h- ----t,1 :1:n-vi{g3t&!
, : i;t rj.r It,1!gt:+:j+:i:irii,4.'!Eir:I,?::i:;.;i;-+I;'l:;i.!-:#':;.1:.116:,.;-*$;]i,1?$rii*li:.i{
STATEOF@ )
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corn{TYoF% )
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rf iE6.d*1JJa.o'*r*.f.n. , |[Y &1 Ed
',.iiL*-iffiso. !Iqpi!P:u.!999' E9![Pgct n rr et.o bctr*rv, e$ LOR AF !i?r ?i1.1 a,r5t0
.nlt alAt! o, colonrm
cornrrl ol GrntttrD
DED
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Ercr rt& .llr !t 'tBlsl ttltaE:rs
lffi"rs.'ia
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thrt TGrt. t..t.rn 3Iy1lnr Otr eorp.ny, . lrvedl
corToratlon toncrly Inovn l. Slylln. Otl Cot?or.tfon, (h'vlng
:.t oltlcr enc prlnclpel p!acr o! burlnoor .t ltrI ilirtnn y
Str..t, tl€ultorr, t r.. ?7olor, .cclng hcrrln by end tlrraryh ltr
' duly ruttrorlard ortlccrr (hcrln cllhd r(irlntor'!, tor rnd ln
eonrld*rt'loD of trn urc oorrioo (tlo'oo, Dollrrrr' 'nd otlr't'gooc
and veLuablr conrldGatlon, tlrr rrcolpt urd rultlcirrry of rtlcb
1r hcrby rcknoulodgrd, to tt ln hand petd Dy thr Cr'nt"
hrrolnrlt.r n rd, ba. cRltfrlD, 8Ot .trd colnIllD end by ttroo
prrrrntt doc. GnArr, SEI.L end c(,lt,i,Bl unto Ecc Dev, Itlc.l r toru
corlrcretlon (h.rcln crllod rGrtntle'1 ell o! tlro lolloutng
deccrlb.dProP.rtytogethrrultbtnylrgrovelentlth.r.onot
thoroln ar Chr ca.. rlY Do, to vlt:
Anyarrdall'lntarrrtlnrorlproporty,vtothrrouredol..
rccord, rgrrltably or bcneflclatly, togrthrr vlth any and all
lryrovoontr th.r.on or ttrcoln, !' tho c"' ray bo'
,urrqrsrr-,1,*Ff :.#,Y,,,1:;*It:I-,|:T:rn,:,n;*.18l!+,-gec,r[ion' ii*rot irii g tirorn on tbo DooL end rroorCr ,91
crrntor at o! ttre datr heroot, trrcludtng hrt ttoc llrlt'd to
uro proprEty d..crlDed on lxhlDlt t ettectred hrroco (beroln
rrlorrod to ra 'R.al PloP.rttTt).
I'o thr rxtrnt thrt rny of thr n.l ProP.rty lncludod ln or
covrrtd by tblr cotw.tl.trc. bl. lryrovontr, Dulldlryr or
llxturer th€rGon, or hal lrrronal propotty loA.t.d tbrroon ,/,ta/ot
u..d ln conncctlon rttb t!. qlrrltton or ralntrnatEa of cny rUclr
Srroportt, or 1l ]rbJrct to or rrrcttr]berrd W lcrlol, rowlcO
tg1rqntr or otbor contpcturl rohtlonrhlpr or clrlnr, thlr
.: !
fortior nlncvcolorrdo
r:'.i ?l{ Eistt
:ai I
6Tt'Un .Drll &Eltra., Dut rG D. lbtt.C tcl Ca.itos|.
lrteroot ln ..Gi rr. dl o! tb tcllclrf (btlfn s'C'ss" tc ..
.otms ?rQ.rt:lrl t
(.1 Aff fnrsre'rtl, tlrtrrrr .trf hlldfat' lc't'il c|r xlt
tlrch L.l Ds*.ttrs
(bt ltt, otflo. Alltllcor., filtnl'lrlrfr rnc equtpmt' tooll'
r.t rt.l., la;rll:r u€ oGD'r 3,.norilf Pcol''tty' outtcl
Dy crrntor, loo.G.d otr 'lU? tuotr t'rl f,aq, rt' eqt urd
rrclurlvoly ln GotltrcElon rltlr rlrl
(c) lay govrrrrnntrl P'8rlt', llornmr' trrnoilmr'
rrgl.tt tto cr rlrllrr algiLtt, r'l'ttd tri rny ntob n"l
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:::c_.8-.rofrF_,ffi=r rrr*frJ;xE.:=I?'tr r -' qi lr ;r'ttll r*lr
-trai?aaatEl
rrrara,rerr_iiEffir.
ttarccffilfr rc Jcrg
?' llloats l'
f
,*ffiffi*rnra -ft* i.
rtff-!h
;ffif;fiffr-
GE
,lrl
,
*
!tL-qtsd.E-f
)
qm-.}'rts L&.e.,..ToHt sl*ffigJ
tnor^,,aor, CO do$f
! co.
r a;01 ,..:f;ri..:
l. cc:-crry 9C5l
thc follovinq 6trerrbed Iend' 3i"1'.ltc' lylng rnd^
being'i-ii..co*iy"!.6rrfreldrrrcstltGofcolo.
. rrCl. to-Yrs:
ic'nslrio ? Scut.rr' Fr :oe tl t'est' 6i+ P'li'
?rret l: Section !: Thr'- Dortion of r$s !bi'SE\ deccribel rl
u.g.ru:iti'.t'irliiou'-rt"stcor:rcrofreidsrl'sE\;
!:1t:: ner'.h 2t33'"ttt' t-e''rtr.""t of '66
o fGtB; tien
nor'.j ii;io; titt-i ciitencc of 830'0^feet;-tJlcn
' !o'ru, ii'i5' .i.a I drttrT ce ct 5ll ' 12- f eet norc ot
lesc tc ti. err'- lrne-;; ut; iiia swrsE\; -tjt!1-11..:-,r...-r.ili cii.liton-rlcnq 3.ri6 G.Bi linc to l'-r luDC-
'-.o' ,'-lj ]j':-;;.,; rlit'"i 1-'3 $r\sE\: then ie r
u.s'."rlv crrection rioni iiiJ io"'-i linc to tlrc rcu'Jr-
.,.r-- "i'r.;;';i';;il-3'*'i:i'
-io t'ne pornt c( besis-
r.rn?. s'.r.! jcc'- ta . L\e'- -iJI":ivi..=: . atitl tlav l ' Iqe I 'fra:.rL--ei-i'iiig''Jr'to?u5:icses'rcecc:pr'-yof Colorrdo. tecorccd iiv-is l96l" in B:ch 33{' 'trr:e zri. -ind ra-rt=otIii jr:"re e' 196l in Book 33{'
.t p.el-izl.-rlcores oi-ctri:cte cou:1t1' coloredo'
.o*.r=i;-iiicl-ii- itttiot'J- 5-uta-a o! r:v':sh:p ?
ssuur.--ir.rge ls selt' iUr r'H" Grrfi'cid county'
Cclorrdo.
T:rs: 2: Sec'-ion 6: Lot lt'
T! lE'. ! : Sect:,en 7: ts?tlsEt
?i.:.- {: Se:tron 8: N'Jt:f.1, trcep'- t!'"- D3r:i'"= Ces:ribed
rsbe:::r:n;r'-tp"''":-oetleiro:"^n'IineoJCot::lty
Rcr3 fro:: uh:ch a!i2 ve3'- Tit::et cornc: ol Section
;. :o'ii'iii'-i-ia"trt' -ii"ci'95 u?s'-' 6'J P'l?' bearr
s:u?!r';;'ji;''.Iiil' ori:incc o-i-!r!!0 -
fcei'; t'!re:r
nort:r O.tCr uas! I di;;;;;-of -?{5 fecB: ticn souctr
e9.lB. G.sB r drrt.scl-ii-iCi-fcct; tlteiee tou'Jr o'
4r1r Gs3.- r dt3trnct oi irs icet to tJrc nofJt lin:
of co'.iiv-notai-tr'"a nortr' 89'lt' :ct'- I dis:lncc
of?{5fcc'-rlong'-}t'-i"it'\lineotco'$tl'loedtotlrc Poin'- of bcAiruring'
Cou-tY, Colorr6o'
frre: 6: Scct:on 3: th.t P-ottron cf q: ry!.llinE v*3'ot :'
t.r. ccitcr line of the-pr-ientry crj rling roed
trrverrinq urc rrid trEL'ii-i "oittt{royuh
dircction
.rp.o'ii.ji.iy.u,iiugh-i,,e-caatGrottlrereid}iEl.
Go'rtelning 2?9 'GrGt' lorG or lerr'
. 5. Ctr,Qtlq ecsl
*:^l' 1 l.lil'.3iii;i:?"1 ;?!:, i' *:'!i.ll'3! !3io-
tt6o. 33-uit:
frrf- 5:secttoo B: E$rta. lu!]ec! :o.-t}ttt,:ot::y:::i.:":::iii'il"tiir, -EG -:li.i-ir-::l*:,'I:,'l.ltlei il''Iil.'i.iJlii ii-i.ii;;i",' rl'91i1.Ilv,1l: l"l.lTYIEC LcEP.rry e. bY'v"f.-' rrdcd-Junc 6, 1961,foof fff- a.. P.(,C 2{2,-rnd s::1::' ^. FteCi-r. ca,tni!ia lPolc tt{ ,rl-izl-t.ioiar ot Gertreld !g:otY-'l3'3li-;:t;:l'?i!'r:iL-il=::LI;'-;'il-t;srJr';"in,''----s:- r e^orh-'r.illi.-ri-u.3t. 'a;i i.s., critirlt-AoqrrlriP ? Sotrtb. i'$9'
-2-
e
?s5:!5: 7 souur, Fenoe e*=*.-ggir[
"!ffn
Section 17: tf+!{E\. .ty\ShqrfEl
Cantrining 6g rcrer, DBre o: lc:s.
ccLSlrY 9c5l
il:-I..ir::!e_l.r::ilet_te.c, .i.-ur.-e. lyi.a radlelig ln tjie Coun._y of Grrfrcld rnd S:r--i oiColorrdo. tc-vrt:
TF.A:: t
Sc:tion 3: X/2 3E/1, ccn:.lning E0.OC .cre3.
n/2 xE/4 Si/< Se/1. coi._ei,ning S.oo .erer.
lll q.t pr.r: -oi tJ.rc S;,/{ SE,/. lying norUr of rlrll? Ce33r:bri rs- begi::::rng rt r-goin-- {66 fecinorttr of tlre souu:r,cii eiHci-oi iiia-s.,rra ;;7i',ti.encc nortlr _6-0.3_c' G.3t alO feit. thtncc tcuii-!7'30r Gur G9a fcct, eoarrinl.ng-izji-'i"rlll.-':
Lot 11, coni,.inin; 3r.i0. rcrcs
sE/4 SY/a, eonteiaing to.o0 rcrer.
tpt 8, cont iniag tl,.?2 .er.3.
Lo+- 9, costaining 1r.83 rcrcs.
Totrl .crGrga ia trtet t baing 23B.gJ .crc3.
IRrf rt
Sectioa 7: lrt l. eon..ri.:ring 2g r:rer.
SE/l NE/|, contrj.:i.ing 00 .3tG3.
S/2 SE/a, coatriniag 80.OO tcrca.
?ottl .cre.ga i.a trret tI bcing ll5.OO tc!G3r
'ir.l.i.,i;.i
Scetloa 18: lfva t{U,ra, conttining 10.00 rcr[.
Seetion 7: Lt lO. eontriniaE !2.O0 .cr.3.
All tlrrt_p.rt of ttrG gE./a SUlt rnd ttE/t Jtt/l oCscetion 7, crcept lpt lo, lying yrt,rin tlc- foiioy-lnE 6crcriba6 lend: lcgrnning .t UrG toutiuGttearn"r of tlre XE/l lfit/|, Seeiion lg, ?oyrrrrrp ?SoI:$. lrnEe 95 rre3t of Urc OUt t.!t.i UrGncc'North. 6:,3trncc of tl fccB, tiencr NosUr ,1.03' E.rt adiltrncc of t7S fc:B: tlrencc torttr O.Og;-teit-i -
dirtrnce of 290 fcet; thcnca lfosttr t9.i6, iiir-rdirtence of 36! fecG: ti."ncG tsorah Z:a9. eiti-t-dirtencc o( 27{ f"et; tiencc taorth tf.SS.-grrt-r dirtrnce of tl0!.3 tccE',thcnce lortlr t.OO' iert
-!-
. di3trnce o! a!!.3 fcct; tjtcnc: North 3'5Or ErrE
:;i;;;;;. ii zci-f"t' iicnec North 20'26'Eert
: ;i;;;;;. oi roo.i fect; -thencr. soutlr 02.r6r
Erst . drstan:c ii-lli.i'f..t; thcnce 5outlt to thc
3ou'-hetst eorrtcr'if -g'e-r': /4 $:/l' Section l8-'-
;;;;;i;-?-ioutlr,-it:tgt es uG3-: of tlrc 5tlr ?'r'!' ;
erd tlrencs uert to- tfti Point of begirrning' Con- 'tr:ning 3.25 rcr:r.
?ctrl .cte.ge ln ?rrct ttt beir'; 71'23 lcrej'
in.l1
-. -
lttr l.;r r e a Y
Sec.-i cn I : 'd,,2 S\:,r4 conteining 8C rcrer '
liE,/{ Sti,/il . ccnteininE {C ' 00 ecrer '
sU./l SE/|, contrining 3e'2{ rcres'
SIJ/,{ tf.r/{, conttinint C0.00 rercr'
fotrl rctcrge ln trrct IV bcinE 19e'2' 'cac3'
riA- v
Section 16: SY/l 3ut/1,
to:rl .c!"lgc in ?rect
?F'C? VI
contlining a0-00 ecrcr'
V beiag {0.00 rcrcs'
Scci,ion 17: .t1/2 3E/1, conteining 80 lcrcr'
SE/l SE/4, coatlinint '0'o0
rcrer'
E/Z Stt/l sE/|, con:eining 20 rcrcr'
fr,/l Sd/|, coateiniDg '0'00 rcrcs'
la/2 ltt:/l 9u/1, conteining 20'00 'ctc3'
3/2 Sa/l NZ/|, contrining 20'30 rcrcr'
$E/l t{tdf. GoDtriaiag l0'OO 'ctrt'
.:|l
t'..1,
)}-r:d,:--:L .:: .:
srr,/. NU/. (crccpt- ? P:s::l-?c l::1-13.t-:I:.Y{:-ttiIiliII ir laiif; inie' i- ! eutr' ll?q" -::-::'.:-::: ::;i;:;'.;';.;i;;;;'ri u'i qn !II'i^"gIi:: ::::::"E::fi;";'r;=$ii'i;l ti'#i ior$ l!-r:::l.q:n::!i!l'iE'dl.i! ;';;';;;:;i gF:; :::9 ll.:::''B::.:". :Ii'zi'la'i; - 6';' - i?u9; I 1 -:::?i-tt':::::HII= i t= ili" io' ii:' Gi;' lnl - : r -!: I lPilll .? I?I;;:pi:i ili.ii iJitiiit"il i'otz rcr-r; coat'irine
!?.f'3! rclel.t?.
iotel .cs..g. ln trlct 9l bclnt t??.tta .ct.3.
Exccpttng tror trect Vt th't portlon horotofor' con-
rrcvrr6 ro th. "oonllin'3til.i
iliiprton' rnd Tclrgraph
coitprny !y spoclri'ilt;;;;;-'9tl iitca Junr 2e' 1e8l
rnd rreordrd ln tt. itt"rdi of Grrllrld County'
c;l;aa;-li-roor 376 't PrEr 2!o'
-l-
' f;fJl !.--f:fi1
TPraT vI I
Section lt: i/2 tB/a, contrining ao.O0 rercr.nE/l Sv/|. cont.ining t0.00 teret
,r1r,/l SE/,f . eontrining tO. OO rcrar.
N,tZ l{E/l SE,,a. eo:rtrir:in j 20.00 ecrcc.
Sv/a NE/l SE,/l , eo:.trrniqg tO.OO .crr3.
u/2 SE/t tZ/l SE/i. contrining S.00 ecrcr. t
i::l;{1!r:f;:3:- i:i i:{, lr:x
":i;,*"ijl_;it,
:,:,
li 'irrilrlr$ffi t;i''S:';:ilit*r;'{16.2 fcet; ttrcnce-noritr t;;li,.Qrst 3?6.9 fcct;..\:nee norJr zr.ii'--iiri iie]i fe:t; t,,en=! nora'32'13' G.st a5. a. fect; -itlili'nir-_l
87.04 . e S, us3g55e.78 f::t ro .lS !ii*;ili=.Il,.r of crict sElrF'r.zt. tie::ce rourh iiir.si-i.Il'.o L\a pcinr ofDesirurins) contrininc-iiloo'ill.r.
?o'-rl .ea:ri! i.n ?rrct Vtt baing 23C.Co tcacr.
?PrcT vt tt
Scetioa ?: Al1 ttr.r_prrt of ttrc tE,z{ SEll of 3:c-
ii ii i "i I; ":" i "i:i:liii" ! !;H fi ::::.i t! :. ;1, * r,of u1y Dclnc derc::,bcd ir-ioilii3r.ag .r r poiat ontlrc s'est tirie or i:ri_r"4. _;;/i', uhrch porrt bcrrrrcuur 02.t6.s' T1! sao.i -r.Ii-ir*
urc norurvetEeornsr of rrr2 |it/l l?t!:-U,.i"i routb ?3.07, rrrr196
'rci,; t'encl-3?!c,. CS.of;--iitr,2.3 (.Gr, tlcacrrouttr sl.I:' el3t^ ezJ iccil ti!n". rourh 3z.at,
lll{*ii*tll;l#it**.:i:i*t.. i''
iiff:Fit!:,:'3li:3ti3: ii_*l:i'H#,;,ilr,u:rt 3t6.1 fcct:-tlcaet-iiu:d'ri.orr er3t 196 froGru:e::er rout! cs.o!; i..t-ii.T il.t, tlrencr aort!ili:ii.lilili;i. i;iii- i}i!i:'i :::.'T;F;.i:ftSonec noath ts.e{;-".ri-rii.i f].t to G}rr polatof bcainarDg. coatriaiig i.ii; ;:rr., .or. ca lrqr.?otrl .ca..g. ln tnet.Ittt Dciag r3.ata lcr...
-t-
?cv::shio ? Soutl!. Brnor 9! lest
7.colc:x 9c7l
?he f el lcr.'i6q
in the County
a
lrt l, tot 2. Lot t, t/2 !fEl{,
E!2 Sv/1, V/2 sE/l
t -r (i(rl- ,..:f;fiai
E/2 f,t/1,
aa
a-a-
C^ s:r i bed I ard. ! i tu.t", lylr g rnd heingef Garfrctd end Strte "i ili"i.io,.o-rit,
lrtttcpent liefr fe-=.Lg.ggl prop"rtl, D"3crip '
?AFCEL T
1 Ct rrLet:d Jerxry
Lradr l '
tArsEL tt(l\rct*
hDA.l
9crticn 19:
Scatjon !0: t t l, Lot S, Lot 7. Irt 0,sv/l NE/r,
gE/l W/a. NE/t 3rr/l
?cvrlship ? 3outtr. ttnoe 96 rrcrt. ltlr ?.lli
Scettoa 2t: l,ot l. E/2
x/2 sE/r
eo!:.ining t7r.96 rcarr,
NE/1, sv/l ttE/|,. NE/1.S1{/a.' '
..,.
DOrC Otr t:r3.
'ATCEL(ttorrorLndrl
Erer;'-:::; f :=:- Fa:cel , th!._ pcrtr on !-errtof or:c::"t'e;'e3 tc Er:e:: I:.,vestrc:.:t Cc:-p.ri' b1.. Ge::eraIlirlr.rity Dec3, l::j recsr,Jcd orr eirii 2i, 19t2, jn
the. rGicrCs of Grr!:eld Cor:rty, Lolorrdo inB:'ck S97.: Plia 22r.
Exce;..in_e fro:r lr:ccl .t. th.t portion hcrctoforccenvcl'ei to -ctotc: Cebic Cor.;r,unlc!tionr, f nc. -t!.-
S=c:r!J rirrrr;ty D"aC d.tea Scp:c::bcr ti, lggl-inatre=c;d:l jn tl," rcscrds of Crrllcld County, Colorrdoi,:'. Ecct Stl tt peap ! 2C.
S'J!:cs.- te th? t.r3 r:r! conditionr of thrt ccrtriniease-P:;relrrc l;re"rG:lt drtcd April 30, lgEf biireanBr:tlra:it itlrt.,1n.. .r Lcsrorr'lnf CtifictO -ounty
Schoel Dr3.-rlct l€ et trrtrt.
trettoa ltr Lt a, t t 3
tovilhlo , Soultr, frrrs
Sostloa lls t t a, t,,t- ?. t g la
Coatrialag la3.a0 r=tea, Doaa ot lur.
rrt r
toetloa lrr \G-s!lr _ry{;.(daenl orrDi.-351,oa,ly 20 .er..,
Seqtie ltr tizft Jyla, *t/t 3ZA LSA/tl ,Va !,l,rr-
8.1 orD.trLtp oly - {'0 rcrtr}
cst blac l.: .cs..,.:: or 1....
Seetion 19:
BaywerdRrnchl Scction 2?:
Scetron Slt
HE./a NE,/{, SE/l XE,zf (aincrel ovn{rhiponly t0 .ct?3,
svrla sE/a
NE/t, x/2 sE/4, S?/4 SE/l
+',
r,:-r fr)t rrrGfil
Exenpt I n., f ron Fareel . t I I. tl.it portion harctof orcconr.er',t, tc Ful te l'";na Corpcrat.oi, Uy ci".i"i:"I,ifi"r,tVDecd dated luoust l?, lgai'"r,j-il""roed ln thr racor.J!of Grrfleld C6unty, Colorado-in-ioof S79 tt pegt J93.
?i::::"r" ?oqrshio ? s.ss=.L".lse e3 u2st, 6tr ?.,,r.
Lendr )
Section 20: iH/t ttt/?, ^t)/Z W/l W/l (ainegl ourr.t-rhip only 6O rerorl
contrinlng laO .crG3, .oac or lcr.
ii:iit.'
tfes Ct}r
Scctioa 23: t t a, Lot
3cction 2.ll l.: S, Lot
Scction 26: Str/t Str/l
Section 33: t(2 W/r
Conteiaing 65!.?0 .erG3,rota or lcrr.
5,
6,
ElZ
t*t/l
sVt
stt/l
*,,.#1aiitrilxffi&:.i ..- (Jenrir
ErYvrrrltrDchl
tlotc:
Secttoa 23: 34 SElt !
Scction 26: t€t l, tpt {, Lat S, Lot 6, N/Z S/2
Scctioa 36: t /Z XZ/l
Conteining lol .etti, !ot. or lert.
Faoa out ot tJrG rbova dcrcri.bed t:f;iIiiffriltlioll. nrdr to sriilf!,oil.EffiLT?
t'**liJ.l,t',..:;:,iiii+'.;{(rrr,{ ttii.*i,k-ri{{"iI r*":i
lI
l"ElsIrlol-lcr
l,=(rrt-q
o,tvEll-E'
Eo
ooov-(f&,o-:a
U7ct
U7t*
A PARCEL OF LAECIION 19,
w%Nw%NW/qt p.M.
C:Egu Lo, r netit*:iltn
Hflffiffiffi3ffituEiHe.
Ilo
talsEY oru+3sJ
EOCf,
,l
ryEl' T2'E!I,!YGrtLffiffiffiffipai-uruw"eqarcu.-
a3:Ely Err-Cf_sv ua r 6ruir. r rf.:f rgt i6EFjEEffigx-ua*f.Hm.*
grDIEt LOt ! PtcEir o€sltDa
ffi_iiiTiElryffiH,,tffiiEtlis;Bf&r*ff,a Krffi'-ffiEiffie,EEJHiE;:LEw'*r_t:!$r r t2tl r!:t nog clre ro: lioFH{ E-tffil,EE"l_11}?5*, *
Ury[tffmr*ts6t.E*dru_**ffis{il}HlffitrBH"
F, i[H m'gnr-u x[*ilf r"rm
80{nra ErrExr m F^icEl,ictlr oEtcamot
aiffi..EiE!ilil*# ffi lgli a'gn'.'*ffiffi"
E€iT I I IgIE
ffitsTil. oo ERGtr sr^tE TsT I r A RECISI8EO LAO S'nv€!il IICENSEO
tr"r-;H,"Ei*';-nigi^n;J'il.Illl*[li,!ff _fi fi EBiE"sr"
Fift ; ailffisiFffi lhffi H#Hff *'&iitr*
i{i muirim oiilrs rHE mrvl3rs s LN'
rE))..'p)
ffi's cilrlrcat€ s mEED tfGf E uls
-
uY 6
-.
r.0.. zst. il liYlrc 0. ffi.
o D 6ltcl[ s
fPliESr
-
xiEff r uvE $T Wl{mS $& thls
-
uY f
a.9. L.
Flftrffi
r Hro m scA! of rH€ cau{n 6 G&IELO.
rtY6'3 cEilltlcArE
'"h oroa ao t6r ory rro ror nc elqncrir !rarE!!. c[cll^'loc il
haat to c.i.s. rDJ. t!-3r-lot s !a (m*o).
ixIY g.ntEtn
, clntrlalC
Ert itocE €rEPrlil nar ffio ar ffiso.urloa 0q fl*-Euio 6 colr
H*Jff fr H$^,Effim;*"-,#:mm^
Sayrsror i€df,Atro6 ar ll€ Tlla tr lls rlllE.
r@ci's cEltltlarE
It rccEPlEo lc E|LIE lx rE ffflgE c
0l.Gll!o. lt
-
o'cLE(ilrl€-DAYC-,
n€ atr s [ffii tr cslflo
2q-, ls i€cEfllo 0.
Srffi lffi:n-
--
H:
EE
trrct A:
tilc: !r
?rreB C:
trrct D:
?rtet E:
?rrct f:
8.ccLoNY 90?e
*i:i. ii, {:l:iu:;'l?o"LTi:, i' ltilii.lr' 3 ! .oo
Scction !: All_:! Urc_DIE\SEI o:a trrt Dortioa of
:!L[]=tiiti,i:ii,:'*.::Jil;;ri:;i":3flti:.:n o rtrr./r ou.Jr d r icctr on .ppioi iritr r i ur;;.fi .ur:
centat of rrid l{Et.
SectioA 9: XrrrtfJt
Sectioo l: Sllrr,t
S"c:ion t: lf\Sb
Scstioa 9: S'-L!ttt
s"ciion 9. All oi Ur.t portiol ?: U9 Sr.rrel.fylngncrti of Ure ce::tcr lins'of t-rre n5csgStlf erirtrng?.::q ccunty 1016 uhrch bl3cctr itrc E\l,ii G-Iier;t./vert drrcction ncrr tjrc forurJiry -f iri.-tci.i."othe rElxEt rnd Urc SetGt. - --
-....|.i]iil'4:i,.'.,..:],:.]l'ild'i:li..1..r:j.]]li'l.-
-3cctroa l0: srttnt Grccpt r prrcct 6ercrlbrd .t!c-s-i.3pin9. rt trr: aorurerii Joinli-or-u;-;i; -'
!P.srt, Eb.a ucat c!? teci; -gtin-rcutfi -if i-ir.ltrttrea routrrc-rtcrty t6!-fa;i to-r pornt uhrch tr.r3ofc"r Eouri of ttrr-norir-iiic ;f-t[c-]ifi--ifrrr{r' .tlca-cerB 169 fcct; tten-routlr 199 fcrt; ttrcn iisg2s0 fccr to thr cut tim-oiirti.sitrn(r -liii'ilrtr,
; : :,,li ":,11, it,'"Bl?'rl5 ::l*: i:E
l
;i$, ::: Iitlii' -'
3eetloo l0r lrtSq
Contrlalag ti0.3t .cr.r, roa. ot h!3.
tubJoet to D.oat o!-?rutt dtto6 J.,turry ?3r ttlObctvc:a rttrnttc rtchtr;td-a;+.;y rr-criitii]--c
"hr Dublle ?ruttcr ol GttttiiC'eo-unty, -Coi.iilofl
9r.?!..,_rocordod la thr ircoiai-ot -clrltoi6--- -'couiltr, Cotordo la tot lit rt hgr !ti. --
, r'r ,i{!1. lrrrfif i\
3cc--ion l7r v/2 Sy/l SrJ./a (20 rcrrt)
SccSon l!: SE/l SE/l (aO Acrrt)
9cctioa lg: ltEla fE,/{, SE/t tIE/a l8O tesr3t
3rrctioa 20: ti/Z l*;/l NU/{, Svs/l W/l (60 rcrer)
cootriniag 200 .crar. ''aa
lrrct C:
?rrcB tc
.i.r{,.tirtieir1;ljii)iiir,,:,,
. .E{i'itt I ! :; \.,;i)r:: . !r *
-f-
9.st-iel_tl3lg-er Trrct
?L'o prrccls ef landship 7 South, panq"lilr.ridian, nore fuity
SE l/a of SHSouth, Range
Nw l/a of SESouth, Rrnge
-i, r riOt arr6{U
locatcd in Sectlon g, ?onn_95 wesr of the etn pifncipaflagcribed as followl:
l/l of Seetion g, Torrns!,lp 795 Dicst of the 6rh p.r{.1-Ini
l/l of Scctton g.
e5 rast or the a;n'3:I:,'tt '
'"i!
iirr-'i{.'j
Coniaining g0 acrer norc or lesr.
Jli: l"F subject-to !n oll and gas laarc ofrecord tn Eoor stl, paee-e4,-i; i;;";;;-aliry r..,cnyder, and. grentors a6-r,iilui""lheieuniren ari- "i e: anrora , ,iin.i"i:t"T: ::"*i:ttcasc tnscfar ", ir,"'-iii-i"rli'"'iivc descrlbcdarc effected heseby. - - ---
B.
l.
t" f4;'"'
Srctlon l?t frisrrtsfltr
Seetlon l!: BEISELI
Scctlon 19: [EtNEt, SEtNEt,
C. tliscel llneous tntercst:
In conneetion-rith-all of the lands and interesrsspecificarlr- described i; iirt" Ar B and C of this.Exhibit e, it-is-;;;ilo;l,ti.nt.ntion to .nd by thesepresent3 grantoar do lnctude in it,"--"iitJ*I i"na::::li?.tons !s r.rrry-i--iF-cij"iia;-il;;;rn rn
l.lil,::: :ll."igilionat.lands adjacent to, c6s_tiguouf uith Ol r sersLtrlE Eee c
dcrer,rrr r-_._ ":Il:Ifi? said. specificaily*:::1l.i,.rrndr, aili;.t-; iii},-il'ilfi';l
::?:i:d-lr_e'anion or ,fircii-ti"itor" hevc ec- ./
l:t::.u.::'$r^U;:_-lii"i;;"d':fi ;I""iJ3,!5,r.,iLff .:?1,.?:' :* i,:!y:.iil:ir,,'ii'Iiii Effi:l
i i*..:*ll'_$:..irtilii":i. .ii il iig':;:#3:i,lI:, I:::::..,11:*i;i;il Iir=li"iil"rill"li'I.iarpccltlcetly dcrcrfbcd i;nd;.
2.*I,::! lll_l:{t yht_-h nay bccone oyncd or rrG:i ; *:f , :r.:::: :::a : i-': ;I' "i;;"";-llia "I'!l:::::: lll- !:':l llii . rlni, -uil;;' ir,I'offili!3-",?:::":1"1.:'-:!lr.tron ri ;;;;;.;"i"-il;';ffi;"
1133.:1 lli-c:3"=g.g !1;;1^;il';; any. othcr rrverettrcrn, tetc or !"9y qf iit.i-oi'or ebuttlng t.tdMllll:.ffr^gerg,1r6ca-rr;,rl Iuu:..t rnd rub_rcnrtent to thc .rgrc&-ii-ii ir-i cqmon Doundrry.*j:::: t::Lqgg1,ny, u.s.r:,- ihentrc nrchrtrri*j:::f Bl:f cmpany, tr.s.r. r ltlenrtc nrch;lfft:tl :::. ::iis;;; tl;;: iii i;i;,,;i;,9"$i.i!.,r.
_tlr : ::'_i "j :9 -g"!i,u.i
-i, --r il I ; ni' r;lJlila'ii "iilrecordr of Grrftold couniy, -ior"r.ao fn-6f-igirt Prgr ?0t.
D.
9.,( (iul rrtffit
l. Any end ell lends edJolnlng or ebuttlng thcrpcclftcrlly dorcrlbcd lrnd. to the ccntorllnc ofthe naln channcl of thr Colorado Rlvcr yhethcr
epeclfietlly dererlbed or not, eubJect end rub-rervient to thc "Aqrecncnt to Ftr Conrrron Boundary"rcfcrcnccd ln prrrgrrph 2 of thir p.rt C..
l{i reel lon:oue Erceotlont
It ls gr.ntorsr lntcntton to, and by thcsc prcrentrgrrntorr do, crccpt fron thc lendt and lntcrertrrpeciflcally descrlbcd ln prrt! l, B end C cf thlrErhtbit I es if guch cxccptlonr ycrc fulli descrlbedthercln in dct.llr thc follovinq dercrlbcd lendr andlntcrertr loceted ln Gerflcld County,- Colorador
VILIIGE, SECTION ONE: .'ro( Garf icld County .rn 1..August ll, 19t1. Rocrptlon
tot
l.SUBDIVTSION OF }IONUTTTENT CREEiPlat recorded dn thc rccordr
III
II
2
2
2
2
2
2
2
2
2
2
2
a
2
2
2
2
2
2
i-t; , ?
5
5
5
8
8
8
8I
I
2
3
tl
5
I
2
3I
5
6
,
8
9l0ll
:2
t3
lal5l6
t7
18
19
5
13
1a
I
2
3
a
5
I
2
3I
5
2
.\'
i.r
lli
'l
llo. 31800{.
lt cr
l3
13
13
t3It
la
-l.O-
r r flll mtfi?!
amcr
l5i5t:
t3
l6l6l6l6l6l6l6l6l6
l6l6l6l6l6l6l6l6
l6
l5l6l6
It
l7
t?l,t7l?l7l,
t8Ir
l8
13
r8ttItlf'It
iertrlctod lrllsya .1.
t rt8let.d lcrsna .!.
tertrlctod loaatye .C.
sulDt?tsto{ o? rtrru}|Ex? cnaEl VILiUrCl-. 8ECttgt| ttrJlPl.t r.cordod ra tr,o-riClE;-";';;;lhi?Ii,I:-I.eoioriii-iiti&;, r; - iai i. -iliifi ;l.rlT3irrir r.tortrlctcd hrcra .1.
tertrlctrd hlonl .t.
Lo?
7
282tl3
I
2
3
a
5
5
?
8Il0l3ll
t5l6,1,
202l
22
23
2a
25
I
2!
a
5
6
7
a
I
2
3I
5
6
?,',.. t... :.,. . .,.'r .'
,.
l.-
z.
+.'.
.j,.'
-tt-
:r..( (IJl ,,r:fifu
St'BlI\':S;.:: eF xILl,ni- ,'PFEtr VILI.AGE, SECTiCN ONE:ilat ree.r: CeC i' t5e recn:Cs o{ carf ield C.unty,
CClerart:. Ci :;-i.,r:her 'l , lcFl. F...ritrtion \.-.. 1.. li!7.
Fl ft'K
s'.'F::i'is:':: ir $l'-Lcr cFfEK I'tLL:\aE, sEc?roN r'-o. 2:.-lr.- reeerCeJ it: the resorJs of carf,i,eld Countr-,C:lcrldc en l+.-e::ber F, lcBl. PeeeFtion lio. 312310.
LC:
t
{
I
3
8
.tI!'
(.
a
ELOL.X
2
,
SL'EfI$ISI;.| CF ?On:r- CE](TEF fti,lliri SO. 1:PIat recordcd in the rccards of Garficld Count!.,
Colorado o:r liovatrbca 16, 1931. ' Rec.Ftion t{o. 3215!6..-
Bi,ocx
I
II
:tase Larris and interests cc::i'eyed by Barcain anJ Sale
leeC fror ?esco Corporatton a::C Exxon Corirtra|-ionre:erded ln Bcex S97 rt Fage 13? of the re.l prcperty
recor.tr of Grrf leld Ccun?.)., Colorado
Thcaa lands and lntere3t3 eonve---ed by Bargrin end Sale
DeeC fron B.:t:criant llesr, lnc. and tosco CotununitierCcrFcrltioi racordcd in Book 59? at Page 160 of thcrael propert? rceordr of Garfield County, Coloredo.
?lese i:itarcsts conve)'ed by Quitclain Deed lrom Bettl,e-ie!1t !{esa, fnc. end Tosco Ccrporr:ion recorded in
1:-2't ),-Z !.- Page 565 of thc rcal propcrty recordt, of
Gar!:etd Court!', Colorado
Enc'.nbrrnccs
ln t4ditioa to rny outrtrndlng lllnartt tightr; tetlr*-.-., . ,-..-4J
vttionr or Grecptlo,nr dcrcrlbGd ln. thG prior p.rtr ol '"'
thir Erhiblt l, !t t. urdcrttood by grai.tccr thrtvrrlour prrtr ril percott o! thc rlel GttrtG dorcrlbcdln thtr ErhlblC I .r. rubJoct to prlor ntncrel Grcap-tiont rnd rercnr.tlon! end oll end ger trelu covcrlngth. runG rr rhovn of r.cord la ghr aGcords of Gerlhld
county, Colorrdo.
-tt-
:':.:
LO?
I
3
a
6.
e.
r
hod*r or 7 iq ?#r j_n JUfi g:: B&,R*rri,. *E?1 "iF* ffir, Rrcoron
seFL-iAt, lr.rr.tpN\tY DFED
Tr:S SfFCI;1, is:\RRIIITY DEED, effective rs of theI'i ca'. t ! fute-Ut,Q- . 'l 18j fr..n'rtSCO COIt'OFATIntl , aii :-uTTTf r eC ir r'" I orado. rrhose addross i9 L qa'l
T^i'T,TI c.:\';i1l,TI c. :':'.o r r i i;i:, :
ini,.,' St!:t-r vani(-. I
, rhose address is.or?tl,r:, :urlrl'reC ii i"Iarado, rhose addro
r v.nir'a Snuipv-lri, i,<.s Arroeles. Californiaq''i6-, an:| ?"Si'n r.-l)tY'.-.:T!FS CCFFOF,\iI,'\:(, A nr. lah'are Cor-
rr,ar !' i^: arrl if i^-! l:' r:.i.r.r.i:, .rlr-se aCCress rs l0tnn SantaYc:'.r'.r i.<.,:le';::':i, :,-s A:.:-:€l:, Cr j lf,:rn:,: :.'06:, !s orantors,t. BA:?LEY5.;: YF:i., '\;(-'. 'F,iT?i.FY:::jT :2.ESA"), a DpI.r1'areccr!c!'..tirrr. ;ua: I f tp: i:: ,',. ro.'ad,-. wi th i., lace cf tu*tnes3 ut-{.'l t{er rzcr': .'cur}-, :rand .'.1..." l(rn, C( }orado 8i50I, i'nd
EXIC\ CaRpGFiTiO\, a SFw .iersey ccrpor!tion qualified in
Colrrado, ui;-h plrce of t'usines.e r'.900 BelI Street, Rouston,Texas ?7002, !s €rantees.
h'HERFA.q, ?OSCO Cotrttlt:li:TIES CORPORATION .has becomethc obrEr of an undrvided fortl' percent (aO!) tntercst'in
a::d .-o cer:tin of the lroFerties set forth and described inErhibi: A ('Propertiee") attr:hed heretor and
TJHEREAS, TOSCO COIfORATION ha3 becone tlre ouner of
an urr<ij,vjded forty percent ({0r) interest in and to certainef said Prcperties and hr!, becorie th3 ')uner of an undivided
3crt.v percent f4Cr) int:erest in the r'1i:'leraI and mineralrighi-s in, under or appurtenant to ce:tain of the Prop-creies; and
h'HEREAS, grant.rs desire by this Special Warranty
E\eed te grlnt and convey to BAT?IJMtillT ttESA thei.r entirelespective interestg in the !'roperties, exceptlng only thei,rentj.re respective interests in all ninerals and ni:reralriqhts in, urrder, or appurtanrnt trr said Properties (sone-
times referred to hercin rs thc 'ltineral Rights"); and
rnrEp€As, grantors desire by this special Harranty
De:d to crant and convey to Ex:(oN CoFPORATION their entirerespective interests in sai,d tqineral Right3 exceFted fronthe grant to 3AT?LEHEN? !iESA.
,li"( [i(,1 n.:t6SS
.G^TRED
,J"t#.tYs
r cono 0-o--
$l .{ ' 'r:'.' '."'-'(E1,0'0.001 'end .other good end valuibli conrldcrrtionri..thaiu#i}fiaii:iti&e;.:.ir.i,,reeelpt and adequrcy of rhtch rrc acknoulcdged, hevc Arantcd,bargaincd, sold, eonveyd and trensfcrrcd, rnd by thcscpresents do grant, bargain, rcll, convcy rnd trrnrfer to
8AT?LEIIENT I'IESA, its suecesso:! lnd rrrlgns forcvar, an
undivlded forty pcrcent ({0t, lnteaert ln and to the Prop-Qrtles ln Garfield County, Colorado rhlch rrc ,Gt forth anddcscribcd in Exhibit A attrched hercto and by thie rGfcrcncctncorpor.ted hcrein for all purpoles as lf ret foreh hcrelnln fullr srbJect only to the e:.ceptlonr and cncunbrrncaanoted therein or in this Speclal t{arranty Deed,
together rith an undivlded forty pcrcent (a0t,interest ln and to ell end einguler thc lmprovcttr,cntr,fixtures, personal property, hereditanentt end appurten.ncesthereunto belonging or ln !n).u:.!c uscd ln connrctlon ulth orappertalning, and the rcverslon and reverrlons, relratndcr
and rernainderl, renta, iggucc and profitr thcreo!; and allof the Gstrte, right, title, J.nterett, cla.tn end denrandwhetsocver, of the granrors, elthcr lrr lev or ln cgulty, o!,ln and to the Propcrticg covered herebyr
lii.
u-!-i'-:
i'( ,i0t r.lt$,l-rg
er-e!-' -d, horre!,ff , ,r:i. and tl I ^, f.I,9 gineralPi:l:ts. rh.eh lir',ts.rnJ i;.;.;.:r.re eonvoi.ed to ExxoltCoppORATl^tj I 1 i.he suU:eq.ue. i- f o."o. rphs o! this SFec j.6lharrant!'De.rd lFirs <r: Ehrs
iilTI;E-(SETX FUF?HEP, that ortn|-ors, fot the sen,eorbd ..d valuatrle. cnns,,r;;;: ioin rocitea ir.,i.,e, the recei.ptand adaquaey of yhich ;;; ;;;;;,. rereknorrled.red. hayecrrnred, barsainec, scld, ""n"ni,.a, ?!d ti.i.i.lr"ll=.nii nvthese presenis a" "r"ni,'uii"ii;, sell, eonve). an.l transferto EXXD* C.ppopi?ICt{, ii" ."""i=sors and "="il"i foreuer, anun.ividod fortv- Fercenr ({0,) int*re"i"i"-ri'iri; .lr mineralsand ninerrt ri,ills rn ,.;i;r.'oi'r"",.,.r";;";.io-"_" rncr rrl:I_a|r3 iroper:i€sr sr:b,....- .nir. ." the exceFr.icns arcleneurnbranees nored in Exhibit-i o,. in t!-i" !;;;;"I Harr*g:1.Deed: end ''r L' rs -'Pecl,
..-
too€rher vith an :nCtvrled forti. perceni, ({OtIinterest in ina to all ";;r;i;;;lar the inpiovernenrs,! i xtures, persona I a;;p;;;,. -'i,Iiea
i ta..n t". "ii-.ppur..r"n"""thereunto beloneins' or' in-;;);;;"-;;;-;;";ii.xlion yith orappertainins, rnd ine reveisioi-ana ;;";;"i;;"]"r*"rnd<.r.aed renainderr. rcnt3, rsrr"i ind profits thcreci; end allof the estrte, right,'titf.r-irla"r.=a, claim and rlenanduhatsoever, of tni giani"i",.iit", i" i;;-;r-i; equir.rr, of,in and to i,he eropeitie" "...i"a hereby.
?o have and to hold atl of the afc,resril proc-erties and r:.ehts-:i.! "":a-."pio"u"""--i,-;;;;;;.", peisonalFropcrry, h"rd.j:I:li!_.nd
"piurrun"nces, unro BAmLEITEN?!,IESA and Exxoli eoRpon.\?Ioi; ;;i; erch as i"-lr,"i, rcrpacrrveinBerests ag hereinauo"e-slt-i"Itl. their respeer:.ve ruc_cessors and assigns forever, ,"U1eet, hoeever, to thenact€rs, burdens, encunbrrnl""r-i*".ptions
"nj i""".v.tion:r,if any, set forti't in iny-J"Ii-lr'"onveyance by vhieh granqcr!nay have aeguired title t"-".ia-prop"ri."s, "ia-rrlieer alsoto any end alt rnilelaI_rights-inA royatties heretofcrereserved or coneeyed of ,..oio-Iv-paities otr,"i-ir,"n eranrors,all excerrrrons .rri r"i"r"i.iii"-irr record by alr p.rtre,other than cran;-ors, valid anC-".rbrirtan! s-ae€n€nts andrights-c!-vii, of record, ina--iff'special inprc.renen: orother statutory aistricis. - --- Yrsr'qr "'rvr(.''erlr
tud,
"I9g-Bt .s othervise set ferth beler, TOSCOcoRpoRA?lo* and Tosao cordiiiii conpou?ro,, for thcrn-selvcs aad thcir e,.ceciror"l-"iiln."- rad .e.i.-io erd r_thBAT"r,Et{Erf. f,ESt end riior-6ni6nirror. to and vith cach .r!!:illii"i:::ff::;i,lii{:r:.!;:::i;i:i*,::ii:;i: j....
and dcfcnd rn undi!1aa-i;iti"iciccnt .ort rnterirt rn rardPropertics er'o rightr rn itrc'q[i.t and peaceeblc porserrtonor Btr?r.ErENr rEsi . i"a -ixi6i siionriiol ;
- ili;=rlrp.erlr.rucec.scrr end errtsnr, "g"tn"i- "lt ;;i-;;ri-p"iIon o,pcrtonr trufullv cteintno'or io .ltrl tni ,r:if!-ii .ny pert
$fiFli:ir .sl;B!![;r:;st';#s:;srn:#i::.ff ii:::",'trxct end thc rr.alancnt! of rny gcvcrnFent.l dlrtrlctr forr982 payablc tn rlei,-iiii ;.;l grrztne ltccneo, rcrtdr..:oand trrilcr oerr tc"ic.--ini-.il*rt nar-lor roedveyr, prpc-ttncrr' ena ulitttrc*rrreil;-ir.cord or .re ii errrteng-e, ...
-2-
Idd.ress :__.Fon Jt, Tcu.,
ny, t't-.4f
.
Ti t:g"' s,..,-r,i Jrr! ?tre,ar*r
:OSCC COPLYUN I ?IES COTIPCFNTIOII
p:.', i: )--,.--
-
:
a.i'l?ltler@-
SccrEE 3CO
. . tly cwlitrlon crpirar:
GErLi''.
n i ;i.JL,r rl,lrl
end the mlttars. burdens, encuobiencet. ercorrtions andtctervrtions referred to ln preccdrno Faragraphs herccf.
EXECT':ED effectire as of th. dal-e firgt set forth
abcve.
?I:-C CO (C, RI,:,SA? IOIi
' ' :r.
a
o
I
A?TESi:
,.,
./ ; -"'t
-
. -'' l-Vu.
-
A- + Secr€:.ri,tltt ) .,/: {l'.
STATE OF TEXAS
COT'!:TIT CF RARRIS
)
)
I
The fore-coinq Sp€cial liarranty Dced was acknowl-
ritness my haad and official s:al..
fy eomisrion crpires:Yrl6lill'1 UrF-:x
edged bef cre r.re thrs Cay of ._l .,, - , ,198^^z b-v
\o'r, ^ D , ,.n
-
as
-J:Gzn/,tz ilJe yrt.tdkytl
and r--)^- -yi - r-t-i rc n.-l c^- -,.--rnc fr.a.-.{t=a -\alzk es J.LLLse€retary cf Toseo Corporation, e corporatrcn.
Stf,l1t"OlF:'?Dillll;' )
cotErr c trAtrts I
,
?hc forcAoing Spcclel tferranty DGcd Yte rclnorl-
cdgcd bcf orc ria thlr JJ_ dty of Jtrae- , ^L982 byll Z,o. -r.tt 11 .- 7t., ^i.rf13 4 s,ct cl tat.tlon, . corPorrtion.
fitncta a/"d rrd officlal s€rl.
c
CC t T./*,trn
nl,..l.- 7)t-, 77oa2-'7t r r(i
Addrcrr:
EXIII BIT A
-eft"etlve es ol juae ZLcoRloR^ttoN IND
CORPORA?ION (Grcr reer, . I
A.c ogilst-9s: *olg 9 n r_P r oE .rLt c r
l.ccLctfY 9c:5
iiiiiliil :: :l' 31",', "Ji."*:' ; i,l:. ; :::',8;:BloRr oRAr r oN IND mRilTOiiqiFtTi ei co"o",r^ ?, r,x
riltl r-iti|il
INC. .nd EXxOti
',.'. ? s.e B- 95 r- o! urt
o.
1946,
County,
2t8
(312, of rlt alncrek
upoo L\lr Dropcaly.
rnd
Colo-
rL.ML,Mr rlJN ^rru z'usgg COH.yUlil?lES CORPOR.A?lONlcr.ntorr, to BA??LEr,IEN? ltEsi;-if.rC. .nd Exxor:
It
2.
frtt oi_t}." !m/t_ NL,,/{ of Scetion t, ?ovnrhip I Souttr,Rrngc 95 $crt of tJt. 6.$ 1.n.,-A-erirrled-ir-l.girurlngrt r point on tforQr linc of Ciunty rora yUcncc.iZrcoantt Scction ?. Tosarhip f sou:ir, nrnga-ii-i.ii' , ibeerr SouUr.?S dcArcct, i6 iiniirr, uelt S,390 fccci'thcnee tforth 0 dcirccr, ii "iiiuicr, uert ?t5 fcer;thcncc Soutlr t9 digrcei, -ie- ili,ir.r. Errt 7tS feet;tlrcncl Sou-Jr 0 degiecr,'ff ninuies. Eert, ?aS f"at totl?ttlr liae of county t6rdr glince icrtlr-ag-Ctg:air18 oiaur-es. uest :13 reei-.roii-xot:rr linc oi'Eo.,ntyRo.d to point of beginning,-eoi:eining 12.7l.c:!r,Dorc ot lerr.
col,or{T 9C3?
ili,l'ii.;i,i:,.:i::;'3i."li?i:,ii$i.:i.ll'l! :li.-ttdo, to-v:t'.:
Lots 6 end ? of Scction6t! ?.tt., Gr:ept:
a.lhrt pc!'tion bcretofo:e convc?ed to JohaBorbet: by rrrr=rnly Dead aeici Juty ii.-end rccr.rded in thl rccordr oi i.rii,.ritCotorrdo, et Docrrncnt tfo. lSeOTS ia DooIrt P.g. 280; rnd
Ih.t portroa hcrctofore eonvryed to ltr8, rilllur
?I I1MEr Dccd-d.tc6-truch:ii; iisi, ir6-ilL1.i& :ili ?trc^rce6rdr orJiiii-cii Criiiv, corondo, rrDocuear ro. 20tr2l la lool rii-ir grgr-i-i. -'
3.
toget rea YIti llft1l-o11G Dercrntineludiag oil rad i.r .aiaia-Ji
cotpN'lt 9ct8
I!:_lol_trying_dcrertbcd turd, rl,turrc, lytnsDclng in Ure County of Gerfield rn6 Sirti oitrdo, to-vitc
Scctlca l8: gY,/a ttB/a
Contrlnlag r0.00 .crGr,lorr or lrrl
Page I ofl
From:
lo:
Cc:
Sent:
Subjoct:
I am in receipt of your memo to Jake Mall regarding the Monument Gulch Exemption and lvlonument Ridgesubdivision access€s'
-]!rank
you foj reepirig # ;ffil';il" communications thar have occuned todate' I will include the.memo rbgarling tr'i-pioposeo'ac@ss€s in tne Monum;i'dh Exemption fite.Please be aware tht!9 Boar{-of cou-nty cbmhiirio""i. r,i,r revieyv and approve said accesses as part ofthe public meeting process on the e-remfitn. Ptease
"lro
oJ a*are that a aeision regaroing the exemption
:ffi:f:.*llnot include anv specific orimplied;GpGilitmment on rhe proposed eubdivision
The subdivision witt b9ryvie.w.9ct at a separate public..hearing. you may or may not be aware that section9:34 of the subdivision regulations requii"s thai suodivisLniir""tr be constructed to stanctards consistentwith the eubdivision regulitions ano oioicated to the proli" or.it tLt repair rno m"intenance shall be providedby an incorporated HoA. staff nas seiious concems with the tatest proposal which shows access to thesubdivision lots directlv from a countv Coao, *rtic+, t;d;i#;t cirange trom inl "[a"n pran proposar.
Please do not hesitate to contad me in the event you have any guestions. Sincerely, Kit Lyon
C)IJJ rst -'g'd
Kit Lyon <klyon@garfi eld-county. com><sstevens@hceng.com>
<garcorb@sopris.net> ; Gerg: 4Iorlv <garcoatt@garfietd-county.com>
Tuesday, January OB, 2OO2 1 0:0S AM
010302 memo to Jake Mail
{Y .Fff
,
-*S
-
ouo$t2002
KIEfuIORAIND(IM
TO:
CC:
FROM:
Jake MaIt, Garfield County Road and Bridge
Kit Lyon, G arlield County_Buildin g and plannin gPeter Heineman, Foothills Land "ii n""topment
Scott Stevens, E.I. - project Engineer SZS
D.dTE: January 312002
RE: Monument nijSe_llemption and preliminary plats AccessHCE project No. 2000000.0f
Pursuant to our on-sitE meeting High country-Engineering, Inc. (HCE) has enclosed acopy of the proposed Monum--ent i.iag" suuai"is'ior, with proposed driveway accesslocations we discussed on-site. we win aaa:o-reeioiRight-of-way to the north side ofthe existing cR303 right-of-wav d"d;r"pg;;J!-.iliiil"n Lot 3. we wiir aso modifuthe Preliminary Plan set prioi to suimittal to irr.i.ra-"
-replacing
the culvert near theintersection of the ptopot.d Monument Ridge nouJ*JcR3go, tI in.rra".*oving theexisting spoil pile and provide better visibiiity. w" *ll
"lso
add a note to the plat thatGarlield county wouldprovide l5-inch cutvert -ulriJ',o be installed fence to fence.atthe time of construction, as *. air.*r"a.
If you have any questions regarding this matter please feel free to contact us.
I 5 I 7 Blake Avenue, Ste. l0l
Glenwood Springs, CO g160l
phone 970 945-8676.fax gZ0 945-255J.
,cn{n
14 Inverness Drive East, Ste. D_136
Englewood, CO g0il2
phone 303 925-0544 .fax 303 g2S-0547
gs\wuros @ Wr63 ,NECEIYEBJNOTruj
-
Grand Junction, CO g010l
phone 970 858-09J3 .fq 970 ESE-027\
LEGEND
-
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JAN-OS-02 I.IED OgI24 AH HIGH ^T}UNTRY ENG]NEERING FA}{ N0, 970 gdtr ?555
RECEIVEB
JAil 0 I 200e
P, 02
MEMORANDUM
TO:
CCr
I'ROM: Scott Stcvent,f,.I. -Projcct f,ngirrrrr. f
DATtr: Jlnurry 9' 2002
RSr Monuusat Rlrlge Eromptlon Plrt Aoccrs
HCE PruJoct No. 2fi10050.01
Pursuant to our on.eitn mecting High &untry Engineering, Inc. (HCE) has encloscd a
;py ;i-fi" errp.rr,r rvfriirr.iiiniitg. cxordptio.n gbdivision with proloscd {rlvowav
access looations wo discuEsed on-site, We will odd 3o'fcct of Righf+f'lvay to tho north
rla" "fit. iiisthrg CR303 rigSt of.woy along proposcd [xcmptiou Lot,3.
If you haVo any quostions regording tlris matter plcasc fccl frr:c to contaot u$'
'' s"iii Skxz AD-( t+c€
J\/.Trot @-q'b(s &vw- 11'a4 y\
dtAtr.rh; W Loo' udAHt't- t'"th
l 5 1 l Blake Atuntl Stt', l0 l
O/cnu,oorl,tprirr.g,r, (\ l I I 6il I
phone 970 94t-fr6?6'lar 97il 913'2555
Jeke Mnll, Grrlltld County Rood nnd Brldgo
Kit Lyon, Grrflsld County Builrling rnd Phuulng
Petcr Hsiusmm, Foothitlr Lqtrd and Dweloprtont
OL?ryo+3o3.
!4 htt\:rncr$ Irt'iw Euxl, $'rc' /J'r16
tu1ry,lr'lrrtod' CO 80112
fl1oru l(tl 0J5'0t41 '$u 303 9?5'0i17
dt' ond J m c tl o n, CO 8t'r50 I
phone 970 858'0033 'Irtr ,70 ltiE-U?5
JAN-OS-02 I.IED OgI24 AI{ HIGH ^qUNTRY ENGINEERINC FA)( NO, g7O gdE 1555 P, 03
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RECEIVED
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JAN-09-02 l.lED 09r25 AH HIoF ^ruNTRy ENGINEERING FA}{ N0, 970 g/' .555
Wff1.F;MPTION
P, C4
Yq OF SECTION 17, SEy4SO% OF SECI'ION
.]ON ZA, TOWNSTTTP 7 SOUTH, RANGE 95
GARFIELD, $TATE 0t-' COLORADO
RECEIVED
JAt{ 0 I 2002
ntr4Nr{O ltorrlullitft00t FAtcEtgof tll.i4D asrnl
18, ElhNEYn 0F SECTION 19,
WEST OF THE 6TH P,M,
onAPHE 3CAt8
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JUL-i3-01 FRI Og;18 AH HIGH COUNTRY ENGINEERING FAi( N0. 970 g4E 2555 P. 02
-100 YEAR
FLOOD PLAIN.
lOO YEAR
FLOOD FLAIN,o
oE
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TOOTHILLS LI*D
BAILEMENT MESA, CO
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923 COOFEB AVEME
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md I c.rf,J rE5 ot 0r?48 r ilrhlp o, ct7.l9 fr.r (rfiod lrr ttotr iorltsr rhi 0g7.ta ,.{.b r F$tni or fi._ Ed;lylll,rt d Ey Gorrtry n6d w ,rf,rf, llortt U,|?g/EF rvhd, |hn0 .Jd Erti,illht u uty r d*ra ol +lr.u ,llt trnil rIl,trI dd E|frtr rtilil or w i|aan tslzotr E rt, iftnH at 0tr.t7 trt E trl. Folrf oF 8EcililnE.
Al$Olrnsrrr PrtEd!
rr *nn m llcanr* tilCgf ErrilrF,ton Platrc0ilrd Jmr tt, fitrt rr Hon t{o. cottEtT
luq,H!,il;tfiilurI rr I r L,r I tt,I-iFiill-Eflffir Gf"-
I{cception No.llccoldcr
Recorded ar o'clock
-
M.,
THIS DEED, Made this
belween Foothi I I
WARRANTY DEED
8th
s Land &
day of Ma y
Devel opment, I nc .
Deve'lopment, I nc
2002,
il
li
a corporation duly organized and existing under and by virtue of the laws of the stateof Co I ora do , grantor, and
Board of County Commi ssi oners,Garfi el d County, State of Col orado
whosclcgataddressis 109 East gth Street
Gl enwood Spri ngs, C0 B1 601
II":::lt::,:YI :l: I,l-yo*lo*r AND FoREVER DEFEND rhe above-bargained premises in rhe quier and peaceabrcsrrv yssLEogtt
f:':::,^:::_':Lt_t"'::::1,n:t n:,:
1ld ttielt,.ueainst all and every person or persons lawruly ctaiming rhe whole or any pan thereoi
. "r.", r.'L;ffi; *r*ffi;;i,;.;il,:IN I.f,/TTNE'CC II'UDNNNE 6r
:),::rltt: WHEREO4 The granror has caused irs corporate name ro U. t.*rr,"lrUr.;b";;; ilJPresident, and its corporate seal to be hercunto affixed, attested by its
above written.
STATE OF COLORADO
Countyor Jef ferson
The foregoing insrrument was acknowledged beforc me hisPeter .Hei neman
of the *Countyof Garfield , State of Colorado, granteel
WI1'NESSE'[H, That rhe granior, for and in consideration of the surn of
( $1 o. oo ) TEN DoLLARS.the receipt and sufficiency of which is hercby acknowtedged, has granred, bargained, sold and conveyed, antl by these presenrs 4oesgrant' bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the reat properry, rogerher wirhimprovements, if any, siruare, tyingand being inthe Counry of Gaf f i gl dState of Colorado, described as follows:
See Exhibit ,Al
GOP{
ulso known by strcet and numbcr as:
ToGEIHER with alt and singular the hereditaments and appurtenances therero belonging, or in anywise appenaining, and rhcreversion and reversions, remainder and rcmainders, rents, issues and profits thereof, ano ali the estate, riiht, title, inreresr, claim anddemand whatsoever of the grantor, either in law or equity, ol in and ro the above bargained premises, with the hereditanrenrs anrlaPpurtenances.
To HAVE ANDTo HoLD the said premises above bargained and described wirh the appurrenances,.unro rhe granree, his heirs untlassignsforcver'Andthegrantor'foritself,anditssuccessors,doescovenant,grant,bargain andagreetoand.vithrhegranree.hisheirs
and assigns, that at the time ofthe enseating and delivery ofthese presents, iiis well seized ofthe prcmises above convcyed, has good,sure' perfect, absolute and indefeasible esmte ofinheritance, in law, in fee simple, and has good right, full power and aurhoriry ro grant,bargain' sell and convey the same in manner and form as aforesaid, and rhar the same are free and clear from all former und orher granrs.bargains, sales, liens, laxes' assessmenls, encumbrances and restrictions of whatever kind or nature soever, except
),,
Bth
by
and
of
Cheryl He i nemanFoothills Land &
day of May
as
as
, 2002' ,
Presidenr
Secretury
a corporltion.My commission expires b- t Z - a/
Witness my hand and official seal.
tlii
| *lf in Denver, insert..City and."_---
No. 408. Rer S.&4. rr[rRBANTy DEED (Corgontloo)
Bndford Puuirhln!. l7,D tvrrce Sr.. Dcnvcr. CO t020? _ r10ll l9?.?r0o _ 6.ql
'r/,
^/so*-
EXHIBIT A
COUNTY ROAD 3OO DESCRIPTION
A 60.00 FOOT WIDE STRIP OF LA}ID SITUATED IN TI{E WII2SWII4SWI/4 OF
SECTION 17, TIIE SEI/4SEI/4 OF SECTION 18, TTIE EI/2NE1/4 OF SECTION 19,
A}ID TI{E W1/2NWIi4NWI/4 OF SECTION 20, TOWNSHIP 7 SOII]:I{ RANGE 95
WEST OF THE SD(TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
oF coLoRADo; sAID srRIP oF LAI{D LYING 30.00 FEET To EACH SIDE oF
TI{E FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH SD(TEENTH CORNER OF SECTION T7 AND
SECTION 18, A 2.112" ALUMINUM CAP L.S. # 27925 TN PLACE, THENCE
N89"39'I7"E A DISTANCE OF 2.64FEET TO A POINT ON SAID CENTERLINE,
THE POINT OF BEGINNING; THENCE S00"20'42'E A DISTANCE OF 1373.99
FEET; TTIENCE ALONG TI{E ARC OF A CURVE TO TI{E LEFT I{AVING A
RADruS OF 1739.76 FEET AND A CENTRAL ANGLE OF 08"0728", A DISTANCE
oF 246.70 FEET (cHoRD BEARS s04o24'26"8246.49 FEET); TIIENCE S08o28'10"E
A DISTANCE oF 121.14 FEET; TT{ENCE ALONG THE ARC oF A CtJRvE TO THE
RIGHT HAVING A RADruS OF M7.21FEET AND A CENTRAL ANGLE OF
2t"39'.26",A DISTANCE OF 169.04 FEET (CHORD BEARS S02o21'33"W l6E.O4
FEET); THENCE sl3ol l'16"w A DISTAIICE oF 70.86 FEET; THENCE ALONG
T}IE ARC OF A CURVE TO THE LEFT HAVING A RADruS OF 280.47 FEET A}ID
A CENTRAL ANGLE OF 13"42'21", A DISTANCE OF 67.09 FEET (CHORD BEARS
S06o20'06"w 66.93 FEET); THENCE 500"31'06"E A DISTANCE oF 445.57 FEET;
THENCE ALONG TI{E ARC OF A CUR\IE TO THE RIGHT HAVING A RADruS
OF 94.14 FEET AND A CENTRAL ANGLE OF 83O56'28", A DISTANCE OF I3?.Y2
FEET (CHORD BEARS S4lo27'08"W 125.91 FEET); THENCE S83"25'22"W A
DISTANCE oF 343.63 FEET; THENCE ALONG TI{E ARc oF A cURvE To THE
LEFT HAVING A RADruS OF 494.94 FEET AND A CENTRAL A}IGLE OF
2t"10'48u,A DISTANCE OF 192.96 FEET (CHORD BEARS S72o4g'58'W 181.92
FEET); THENCE s62ol4'34"w A DISTAIICE oF 195.02 FEET; TI{ENCE ALONG
TI{E ARC OF A CURVE TO THE zuGHT HAVTNG A RADruS OF 1390.86 FEET
AND A CENTRAL ANGLE OF 08'31'28", A DISTANCE OF 206.93 FEET (CHORD
BEARS S66o30'18"w 206.74 FEET); TIIENCE S70o46'01"w A DISTANCEOF 3&4.07
FEET TO A POINT ON THE WESTERLY BOUNDARY OF TTIE EII2NET/4 OF
SECTION 19, TIIE TERMINUS (WHENCE TIIE EAST QUARTER CORNER OF
SECTION 19 BEARS 553"26'23'E 1657.32 FEET).
Page one of trro
COUNTY ROAD 303 DESCRIPTION
A 60.00 F@T WIDE STRIP OF LAI{D SITUATED IN TI{E W1/2SW1/4SW1/4 OF
SECTION 17, THE SE1/4SEI/4 OF SECTION 18 AND THE W1/2NWI/4NW1/4 OF
SECTION 20, TOWNSHIP 7 SOUTI{, RANGE 95 WEST OF TTIE SDMH PRINCIPAL
MERIDIAN, COUNTY OF GARFIFI-D, STATE OF COLORADO; SAID STRIP OF
LAND LYING 3O.OO FEET TO EACH SIDE OF THE FOLLOWING DESCRIBM
CENTERLTNE:
COMMENCING AT THE SOTJTHWEST CORNER OF SAID SECTION 17, A3-
BRASS CAP L.S. I1643 IN PLACE; THENCE N32'0738nW A DISTANCE OF 10.94
FEET TO A POINT IN THE CENTERLINE OF COT]NTY ROAD NO. 3OO, TTIE
POINT OF BEGINNING; TTIENCE LEAVING THE CENTERLINE OF COIJNTY
ROAD NO. 3OO ALONG TI{E CENTERLINE OF COUNTY ROAD NO. 303 ALONG
THE ARC OF A CURVE TO TIIE LEFT HAVING A RADruS OF 252I7.76FFET
AND A CENTRAL ANGLE OF 01o30'58", A DISTANCE OF 667.29 FEET (CHORD
BEARS S89o3t'57"8 667.27 FEET) TO THE WEST-WEST SDOYTORTI{ CORNER
OF SECTION 17, A REBAR AND CAP L.S. #19598 IN PLACE, THE TERMINUS.
Page two oftwo
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
MONUMENT RIDGE
THIS DECLARATION OF COVENANTS. CONDITIO\S AND RESTRICTIONS FOR
MONUMENT RIDGE ("Declaration") made this day of 2002,by
FOOTHILLS LAI\D & DEVELOPMENT,INC. a Colorado Corporation ("Declarant").
RECITALS
A. Declarant is the owner of that certain real properq,in the Counf,v of Garfield, State
of Colorado, described in Exhibit "A" to this Declaration rvhich shall be the property (..property,,)
under this Declaration.
B. Declarant deems it desirable to impose a general plan for the improvement,
development and maintenance of the Property and to adopt and establish covenants, conditions and
restrictions upon the Property forthepurpose ofenhancing. maintaining and protecting the value and
attractiveness thereo f.
C. Declarant deems it desirable to establish a Colorade. nonprofit corporation, Monument
Ridge Homeowners Association, Inc., which shall be responsible for the management and
maintenance of the planned development referred to herein and enforcement of the terms of this
Declaration.
COVENA}ITS AND AGREEMENTS
NOW, THEREFORE, Declaranthereby covenants, agrees and declares that the Property shall
be held, sold, conveyed, hypothecated, encumbered. leased, rentd, used, occupied and impiorred,
subject to the following limitations, restrictions, easements, covenants, conditions, liens and ch*g"r,
all of which are declared and agreed to be in furtherance of a general plan for the improvement and
development of the Property. All of said limitations. restrictions. easements, coyenants, conditions,
liens and charges shall run with the land, shall be binding upon and inure to the benefit of all parties
having or acquiring any right, title or interest in the Properfy or any part thereof and the su...sro.s
in interest of such parties, and are imposed upon the Property and every part thereof as equitable
servifudes which may be enforced by the Declarant, its successors and assigns, each Owner (as
hereinafter defined), his successors and assigns, or by the Association (hereinafter defined), its
successors and assigns; provided, however, that no provisions of this Declaration shall limit, in any
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way, Declarant's construction of imprcri'ements on and development of Monument Ridge nor
Declarant's right to maintain constructit'rn. sales or leasing offices or similar facilities on any real
property in Nlcrnument Rid*ee owned by Declarant (or orvned by an Orvner with the consent of such
Orvner), nor Declarant's right to post signs incidental to construction, sales or leasing.
ARTICLE I
DEFINITIONS
1.1 "Article" shall mean Articles of Incorporation of Monument Ridge Homeowners
Association, Inc., filed with the Colorado Secretary of State, as said Articles maybe amended from
time to time, provided such Articles shall not be amended, changed or interpreted so as to be
inconsistent with this Declaration.
1.2 "Assessment" shall mean and refer to any or all of the Assessments hereinafter
defined:
(a) "Regular Assessment" shall mean and refer to a charge against each Lot
representing that portion of the Common Expenses attributable to such Lot as provided for in this
Declaration
(b) "Special Assessment" shall mean and refer to a charge against any Lot,
directly attributable to such Owner, for certain costs incurred by the Association or Declarant for
materials or services furnished to such Ormer or his Lot at the request of or on behalfof such Owner,
or as a result of anv Owner failing to maintain any portion of his Lot in accordance with the
provisions of this Declaration, or as a result of the negligence or willful misconduct of any Owner,
his employees. guests or invitees, or for excessive use or special use of the services or facilities
provided by the Association, including, but not limited to, parking, trash removal and maintenance
of improvements.
(c) "Capital Improvement Assessment" shall mean and refer to a charge against
any Lot representing a portion of the cost of the Association for the installation, construction,
unexpected repair orreplacanent of any capital improvements, including the necessary fixtures and
personal property related thereto, on the Property upon which the Association may be required to
install, constntct, repair or replace any capital improvanents as provided in this Declaration.
1.3 'Association" shall mean and refer to Monument Ridge Homeowners Association,
Inc., a nonprofit mutual benefit corporation, incorporated under the laws of the State of Colorado.
1.4 "Association Wate!" shall mean and refer to all water or water rights, ditch or ditch
rights, reservoir or rvater storage rights including but not limited to domestic rvater wells owned by
the Association.
1.5 "Boarc!'o shall mean the Board of Directors of the Association.
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1.6 "Bylaws" shall mean the Bylaws of the Association w'hich have been or will be
adopted by the Board, as such Bylaws may be amended from time to time, provided said Bylaws
shall not be amended, changed or interpreted so as to be inconsistent with this Declaration.
1.7 (6CCJOA" means the Colorado Common lnterest Ownership Act presently codified
at 38-33.3-10 l, et seq., as it may subsequently be amended from time to time.
1.8 "CornmonArea" shall mean any and all real property and the improvements thereon,
and any personal property, owned or leased from time to time by the Association for the common
use and enjoyment of the Members. The Common Area consisting of real property, if any, shall be
as shown on the recorded plat within the area described in Exhibit "A." Common Area shall also
include any and all domestic irrigation and water lines and equipment delivering water to each lot
in Monument Ridge, including any such lines and equipment located on individual lots. Declarant
shall convey the Common Area to the Association, free of all liens and encumbrances except current
real property ta,res (which taxes shall be prorated as of the date of conveyance), title exceptions of
record and the covenants, conditions, reservations and restrictions contained in this Declaration and
the instrument rvhich conveys the Common Area to the Association.
"Commen-Ex@ses" shall mean and refer to the actual and estimated costs of:
(a) maintenance, management, operation, repair and replacanent ofthe Cofllmon
Area, to the extent provided in this Declaration;
O) fire, casualty, liability and other insurance covering the Common Area and
workmen's compensation for all employees;
(c) unpaid assessments;
(d) management and administration ofthe Association, including, but not limited
to, bonding of the members of the Board, officers and ernployees of the Association, and
compensation paid by the Association to accountants, attorneys and ernployees, for se,lrrices
benefitting the Association or Common Area;
(e) reasonable reserves as appropriate;
(f) taxes paid by the Association;
(g) amounts paid by the Association for the discharge of any lien or encumbrance
levied against the Common Area or any portion thereof;
1.9
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(h) amounts paid or incurred by the Association in collecting assessments
pursuant to Article VI hereot, including amounts expended to purchase a Lot in connection with the
foreclosure of the assessment lien against such Lot;
(i) expenses incurred by the Association for any reason whatsoever in connection
with the Common Area, this Declaration or any amendment to this Declaration, the Articles, or the
Bylaws or in the furtherance of the purposes of the Association or in the discharge of any obligations
imposed on the Association by the Board pursuant to this Declaration or any amendment to this
Declaration;
CI) maintenance and upkeep of the Lots of the individual Owners, to the extent
such responsibility is expressly assumed by the Association.
1.10 "Converuce" shall mean and refer to conveyance of a fee simple title, or lease of
any part of the Property.
1.1 I "DeclAIAE!" shall mean and refer to Foothills Land & Development, LLC, a Colorado
Corporation, its successors and assigns.
l.I2 "Lot" shall mean and ret-er to each numbered Lot or Parcel now existing or to be
created from the Property described in Exhibit "A" and any additional real property at any time
annexed thereto. The boundaries of a Lot shall be as shorvn and defined on the original plat map and
on any additional or re-plat map or maps recorded in the Garfield County Records.
1.13 "Unin[reved Lo!" shall be a Lot upon *'hich no improvements have been
constructed.
l.I4 "Imrygd Lo!" shall be a Lot upon which improvements have been constnrcted.
1.15 "Iv[ember,' shall mean and refer to every-person or entity who holds a membership
in the Association as provided in Article II, Section2.l.
1.16 "Mortga&" shall mean any mortgage or deed of tnrst or other conveyance of a Lot,
or any interest therein, including but not limited to, the improvanents thereon, to secure the
performances of an obligation, which Lot will be reconveyed upon completion ofsuch perfornance.
l.l7 "Mortgaeee" shall mean and include mortgagees, trustees, beneficiaries and holders
of deeds of tnrst, and the holders of any indebtedness secured by mortgages.
l.l8 "Motsggpt" shall mean and include mortgagors and trustors under deeds of brrst.
l.l9 66Qfygg!" shall mean
record fee simple ownership interest
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and refer to Declarant and to any person or entity holding a
in any Lot which is a part of the Property, includin_e contract
purchasers, but excluding Mortgagees and those having such interest merely as security for the
performance of an obligation.
1.20 "Property" shall mean and ret'er to all the real Property described on Exhibit
hereto, together with any real property annexed thereto in the future.
l.2l "Monument Ridge" shall mean all of the Property, and improvements thereon, now
or hereafter subject to this Declaration or any amendment to this Declaration.
ARTICLE II
THE ASSOCIATION
NIEMBERSHIP; VOTING RIGHTS; DECLARANT CONTROLS
2.1 Mernbership. Every Owner of one or more Lots in the Property shall be entitled and
required to be a member of the Association, subject to the voting rights provisions of this Article II.
No person or entity other than an Owner of one or more Lots in the Property may be a member of
the Association.
2.2 Allocation of Votes. Each Lot shall be allocated one vote in the Association, subject
to Section 2.5 below.
2.3
allowed.
No Cumulative Voting. In the election of directors, cumulative voting shall not be
2.4 MembershipAppurtenant. Mernbership intheAssociationshallbeappurtenantto and
inseparable from a Lot. Membership in the Association may not be transferred except in connection
with the transfer of ownership of a Lot.
?<Declarant Control.
(a) Notwithstanding anything stated elsewhere in this Declaration, until the
earliest of: (1) ten (10) years after the date of recording of this Declaration in the office of the
Garfield County, Colorado, Clerk and Recorder; (2) sixty (60) days after conveyance of 75 percent
of the Lots to owners other than Declarant; or, (3) two (2) years after the last conveyanc" of u Lot
by Declarant in the ordinary course of business, Declarant may appoint and remove officers and
members ofthe Board ofDirectors ofthe Association, subject to the limitations stated in this section.
O) Not laterthan sixty (60) days afterconveyanceof25 percentofthe Lots whiih
may be created by the terms ofthis Declaration to Owners other than Declarant, at least one member,
and not fewer than 25 percent of the metnbers, of the Board of Directors must be elected by the
Owners of Lots other than Declarant.
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(c) Not later than sixty (60) days after conveyance of 5 0 percent of the Lots which
mav be created by the terms of this Declaration to Owners other than Deciarant, not ferver th an33l/3
percent of the members of the Board of Directors must be elected by Ou'ners other than Declarant.
(d) Not later than the tennination of the period of Declarant control specified in
subsection 2.5(a) of this Article, the Owners shall elect a Board of Directors of at least three (3)
members, at least a majority of who must be Owners other than Declarant or designated
representatives of Owners otherthan Declarant. The Board of Directors so elected and ofEcers shall
take office upon termination of the period of Declarant control specified above.
(e) Notwithstanding anything to the contrary stated elsewhere in this Secti on2.5,
by a vote of 67 percent of all persons present and entitled to vote at any meeting of the Owners at
which a quorum is present, any member of the Board of Directors may be removed with or without
cause, other than a mernber appointed by Declarant.
2.6 Ouorum. A quorum will be deerned present throughout any meeting of the
Association if persons entitled to cast 20 percent of the votes which may'be cast for election of the
Board of Directors of the Association are present in person or by proxy at the beginning of the
meeting. A quorum will be deemed present throughout any meeting of the Board of Directors ofthe
Association if persons entitled to cast 50 percent of the votes on that Board are present at the
beginning of the meeting.
ARTICLE III
PROPERTY RIGIITS IN THE LOTS AND COMMON AREA
3.1 Title to the Lots. The Declarant, its successors and assigns, shall convey fee title to
the Lots subject to current real property taxes, which taxes shall be prorated to the date of transfer,
and easements, conditions and reservations then of record, including those set forth in this
Declaration. No Owner shall be entitled to severhis ownership interest in a Lot from his rnembership
in the Association, provided that this clause shall not be construed as precluding the Owner of a Lot
from creating a co-tenancy or joint tenancy with other person or persons.
3.2 Title to the Common Area. The Declarant, its successors and assigns, shall convey
fee simple title to the Common Area to the Association, free and clear of all liens and encumbrances,
except easements, conditions and reservations then of record, including those set forth in this
Declaration at any time but not later than conveyance of 75 percent of the Lots to owners other than
Declarant.
3.3 Members' Easernents of Enjoyment. Every Mernber shall have a non-exclusive right
and easernent, in and to the Common Area, including, but not limited to, an easement for ingress,
egress and support over and through the Coinmon Area, and easements for utilities and drainage.
Each such easernent shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
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(a) The right of the Association to adopt uniform rules and regulations pertaining
to the use and enjoyment of the Common Area;
(b) The Association may borrow money and encumber by mortgage or deed of
trust the Common Area or any part thereof for the purpose of improving the Common Area, provided
any such mortgage or deed of trust shall be expressly subordinate to the rights of the Mernbers
herein;
(c) The right of the Association to suspend a Member's voting rights for any
period during *'hich any Assessment against his Lot remains unpaid and delinquent, and for a perioi
not to exceed thirty (30) days for any single infraction ofthe rules and regulations ofthe Association,
provided that any suspension of such voting rights except for failure to pay assessments, shall be
made only by the Association or a duly appointed committee thereof, after notice and hearing grven
and held in accordance with the Bylaws of the Association;
(d) The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Members. No such dedication or transfer shall be effective
unless an instrument signed by Members entitled to cast two-thirds of the votes has been recorded,
agreeing to such dedication or transfer, and provided .written notice of the proposed action is sent
to every Member no less than thirty (30) days nor more than sixty (60) days in advance.
(e) The right ofDeclarant or its designees to enter upon the planned development
forpurposes of construction of the development and forpurposes of making repairs and rernedying
construction defects; provided such entry shall not interfere with the use of any occupied Lot unless
authorized by the Lot Owner.
3.4 Deleeation of Use. Any Member may delegate in accordance with the Bylaws, his
right of enjoyment to the Common Area to the mernbers of his family, his guests and invitees, or his
tenants, or conffact purchasers who are in possession of such Member's Lot.
3.5 Waiver of Use. No Member may exempt himself from personal liability for
assessments duly levied by the Association nor release the Lot owned by him from the liens and
charges hereof, by waiver of the use and enjoyment of the Common Area or by abandonment of his
Lot.
3.6 General Restrictions. All future Owners of the Lots by their acceptance of their
respective deeds, covenant and agree as follows:
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(a) That the Common Area shall remain undivided, and no Owner shall bring any
action tbr partition, it being agreed that this restriction is necessary in order to preserv'e the rights of
Owners with respect to the operation and management of the property.
(b) The Association shall have aperpetual andhon-exclusive easement on all Lots
for the purpose of ingress and egress in connection rvith the maintenance of and repairs to the
Common Areq including without limitation, the domestic irrigation and water system.
(c) The Association shall implement and follow a program of noxious weed
control which shall address the control and elimination of Canadian Thistle and other plant species
included on the Garfield County Noxious Weed List. In general, the weed management plan shall
consist of the tbllowing components:
(i) PreventionandControl.Thequickrevegetationofdisturbedareaswith
weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous
condition producing optimum vegetative densities will leave noxious weeds little opportunity to
establish. The use of hay that is certified as weed free is also recommended.
(ii) Inventory. Each Lot should be inspected to identifu any infestations
of noxious weeds. An accurate record should be kept of the application and success of weed
infestation eradication efforts.
(iii) Eradication. Elimination of noxious weeds can be achieved through:
a. Mechanical Controls physically remove the entire weed plant
or eliminates the plant's ability to produce seed.
b. Biological Controls relying on organisms (insects or plant
pathogens) to interfere with weed growth.
c. Chernical Controls use herbicides to eliminate weeds. Special
care must be used with herbicides to avoid damage to desirable plat species and to avoid
contamination of ground water.
An effective weed management program may involve all three methods of eradication as well as a
long term commitment to prevention and control. Assistance in the development and
implernentation of a weed managanent program is available through the Colorado State University
Co-operative Extension Senrice and from the Garfield County OfEce of Vegetation Management.
It is the individual Lot owner's responsibility, according to the Colorado Noxious Weed Act and
Garfield County's Weed Managernent Plan, to manage any noxious weeds on his or her proferty.
In the event a property owner fails to effectively control noxious weeds on their Lot, the Association
shall have the right to enter upon the Lot and conduct a weed control program within the area of such
Lot.
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ARTICLE IV
CO\TNANT FOR ASSESSMENTS
4. I Creation of the Lien and Personal Ob I isation of Assessments. The undersigned. for
each Lot rvithin the Property (including any Lots subsequently addecl under Article XII belorv),
covenants, and each Orvner of any Lot by acceptance of a deed for that Lot, whether or not it shall
be so expressed in that deed, is deemed to covenant and agree to pay to the Association: (a) all
assessments or charges levied against that Lot; (b) all fees, charges, late charges, attorneys tbes,
fines, collection costs, and interest charged pursuant to this Declaration or as allowed by Section
33-33.3-316(l ), C.R.S., orany otherprovision ofCCIOA as it may be subsequently amendedby any
other applicable law. All items set forth in this section, from the time such items become due, shail
be a charge on and covenant running with the land and shall be a continuing lien on the Lot against
which each such item is charged. If an assessment is payable in installments, each installment is a
lien from the time it becomes due, including the due date set by any valid Association acceleration
of installment obligations. Each such item, together with interest, costs, and reasonable attorneys
fees, shall also be the joint and several personal obligation of each person and entity who was the
Owner of the Lot at the time when the item became due. This personal obligation shall not pass to
an Owner's successors in title unless expressly assumed by them. No Owner may be exempt from
liability for assessments by waiver of use or enforcement of Common Expenses, AssociationWater,
or other assets or benefits of the Association, or by abandonment of Lot or Residence.
4.2 Purpose of Assessments. The Assessments levied by the Association shall be used
exclusively for: Common Expenses; to promote the health, safety, or welfare of the residents in
Monument Ridge, or for the benefit of the Common Area or Association Water; or for any other
purpose of the Association as those purposes are specified by the Articles of Incorporation of the
Association (as amended from time to time); or as otherwise authorized by CCIOA.
4.3 Initial Assessment.
(a) The initial assessment for Common Expenses ofthe Association shall be fixed
in an amount set by, and made upon the resolution of, the Board of Directors of the Association.
(b) After any assessment has been made by the Association, assessments shall
be made no less frequently than annually based on a budget adopted by the Association as described
elsewhere in this Declaration. Assessments may include, without limitation, allocations for reserves
forrepairorreplacement of existing capital items and acquisition, construction, and existing capital
items and acquisition, construction, and installation of new improvements, all to the extent set forth
in the approved budget upon which such assessment is based.
(c) Until the Board of Directors of the Association makes an assessment, all
expenses of the Association shall be paid by Declarant.
9KILMHEIPET\BAI-ILEtrtENnCC&R'S.wpd
4.4 Date of Commencement of Annual Assessment: Due Dates. The first Assessment for
Common Expenses shall be adjusted according to the number of months remaining in the calendar
year tbr rvhich the Assessment is made. if less than a full year. Thereafter, the Board of Directors
shall tix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance
of each Annual Assessment period. Written notice of the Annual Assessment shall be sent to every
Owner subject to the Assessment. The due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the Assessments on a specified Lot have been paid.
4.5 Expense Allocation. Except as otherwise stated in this section, each Lot shall be
allocated a fraction of the Common Expenses of the Association in which the numerator is one and
the denominator is the number of Lots then in the Property. Any Common Expense or portion of any
Common Expense benefitting or caused by fewer than all Lots shall be assessed exclusively against
the Lots benefitted.by or causing the Common Expense
1.6 Any
Assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at a rate not to exceed 21 percent per annum set annually by the Association's Board of Directors.
In the event the Board falls to set the interest rate, the rate shall be l5oh per annum.
4.7 Prioritv of Lien. The lien for assessments which includes all those items specified in
itern (a) and (b) in Section 4.1 of this Article IV shall have the priority specified in CCIOA which,
as of the date of this Declaration, is codified at Section 38-33.3-316(2), c.R.s.
ARTICLE V
BUDGET AND RECORDS
5.1 Books and Records. The Board of Directors shall cause to be maintained a full set of
books and records showing the financial condition of the affairs of the Association in a manner
consistent with generally accepted accounting principles. All books, records, and papers of the
Association shall be available for inspection and copying by any Member or his representative
during regular business hours at the principal office of the Association. The Board of Directors may
establish reasonable rules concerning notice to be given the custodian of the records by anyone
desiring to inspect them, and payment of costs of reproducing any documents requested by any
Member.
5.2 Annual Budeet. The Board of Directors shall cause to be prepared no less than
annually an operating budget, balance sheet, and cash flow statement for the Association.
5.3 Delivel.'\/ of Budget. Within thirty (30) days after adoption of any proposed budget,
the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a sunmary ofthe
budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the
KlLlv\HEIPET\BATTLEMENICC&Rs.wpd l0
budget not less than fourteen ( l4) nor more than sixty (60) days after mailing or other deliver of the
summary.
5.4 Ratification of Budget. Unless at that meeting Owners representing a majority of all
Lots reject the budget, the budget is ratified, u'hether or not a quorum is present.
5.5 Rejection of Budeet. In the event that the proposed budget is rejected, the present
budget last ratified by the Owners must be continued until such time as the Orvners iatiff a
subsequent budget proposed by the Board of Directors.
5.6 Reserve Fund. As part of each annual budget, the Board ofDirectors shall include an
amount which, in its reasonable business judgment, will establish and maintain an adequate reserve
fund for the replacanent of any personal property, fixtures, and improvements required to be
operated or maintained by the Association based upon age, remaining life, replacement cost, and any
other relevant factors.
ARTICLE VI
NONPAY}IENT OF ASSESSMENTS
6.I Delinquency. Any Assessment provided for in this Declaration which is not paid
when due shall be delinquent. If any such Assessment is not paid rvithin thirty (30) days after the
delinquency date, the Assessment shall bear interest hom the date of delinquency at a rate not to
exceed 21 percent per annum and in addition to all legal and equitable rights or remedies, the
Association may, at its option, bring an action at law against the Onner personally obligated to pay
the same or, upon compliance rvith the notice provisions set forth in Section 6.2 hereof, pro.""d to
foreclose the lien (provided for in Section 4.1 hereof) against the Lot. and there shall be uaa.d to the
amount of such Assessment and interest thereon, all costs which mav be incurred by the Association
in the collection thereof, including reasonable attorneys fees. Each Owner vests in the Association
or its assigns, the right and power to bring all actions at law or institute judicial foreclosure
proceedings against such Owner or other Owners for the collection of such delinquent Assessments.
6.2 Notice of Claim of Lien. No action shall be brought to foreclose an Assessment lien
or to proceed under the power of sale provided in Section 6.3 less than thirty (30) days after the date
a notice of claim of lien is deposited in the United States mail, certified or registered, postage
prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the office of
the County Recorder in the county in which the Property is located. Said notice of claim of lien must
recite a sufficient legal description of any such Lot, the record Owner or reputed Owner thereof the
amount claimed (rvhich may atthe Association's option include interest on the unpaid Assessment,
plus reasonable afforneys fees and expenses of collection in connection with the debt secured by said
lien), and the name and address of the Association as claimant.
6.3 Foreclosure Sale. Any such sale provided for above is to be conducted in accordance
with those provisions of the larvs and rules of the courts of the state of Colorado applicable to the
1lK:tIIV\HEIPET\BATTLElvlniT\CC&FIS.wpd
tbreclosure of mortgages and deeds of trust, or in any othel manner permitted or provided by law.
The Association, through its duly authorized agents, shall have the porver to bid on the Lot at
tbreclosure sale and to acquire and hold, lease, mortgage and convey the same, in the name of the
Association.
6.4 Curine of Defbult. Upon the timely curing of any delinquency forwhich anotice of
claim of lien rvas filed b1'the Association, the officers of the Association are hereby authorized to
file or record, as the case may be, a certificate setting forth the satisfaction of such claim and release
of such lien, upon payment by the defaulting Owner of a fee, to be determined by the Association,
to cover interest, the costs ofpreparing and filing or recording such release, and other expenses
incurred.
6.5 Cumulative Remedies. The Assessment lien and the rights of foreclosure and sale
thereunder shall be in addition to and not in substitution for all other rights and remedies which the
Association and its assigns may have hereunder and by law, including a suit to recover a money
judgment for unpaid Assessments, as above provided, all remedies being cumulative
ARTTCLE VII
ARCHITECTURAL CONTROL
7 -l Architectural Approval. All improvements on any Lot shall be in compliance with
the zoning approved by the of County of Garfield. No building, fence, wall, sign or other structure
shall be conlmenced, erected or maintained upon the Property (including Common Area), nor shall
any exterior addition to or change or alteration therein (including painting) be made until the plans
and specifications showing the nature, kind, shape, height, materials and location ofthe same shall
have been submitted to and approved in writing by the Architectural Committee (ACCO) provided
tbr in Section 7.2hereof as to harmony of external design and location in relation to surrounding
structures and topography. Provided that Declarant, its successors or assigns shall not be required
to comply with the provisions of this Section 7 .1. In the event said Committee, or its designated
representatives, fails to approve or disapprove such design and location within thirty (30) days after
said plan and specifications have been submitted to it, approval will not be required and this Articlewill be deerned to have been fully complied with. All improvernent work approved by the
Architectural committee shall be diligently commenced and completed.
7.2 Appointment of Architectural Committee. The Declarant shall initially appoint the
Architectural Committee consisting of not less than three (3) members, who shall rernain in office
until: (a) ten (10) years from the date of recording of this Declaration; or (b) all of the Lots in the
Property have been sold and deeds thereto recorded in favor of Owners, whichever shall first occur.
From and after such time and event, as the case may be, the Architectural Committee shall be
appointed by the Board of the Association and shall be composed of three (3) or more repre-
sentatives who need not be Members of the Association. In the event of the death or resignation of
any member of the Committee prior to the time when the Board of the Association is vested with
authority, the Declarant shall have the right to appoint such member's successor.
K:tII\AHEIPET\BATTLEMENT\CC&RS.wpd 12
7 .3 No Liability. Neither Declarant, the Association. or the Architectural Committee or
the members thereof shall be liable in damages to anyone submitting plans or speciticarigns to them
tl'rr approval, or to any Owner of property atlected by these restrictions by reason of a mistake in
judgment, negligence or nonfeasance arising out ofor in connection with the approval or disapproval
or failure to approve or disapprove any such plans or specifications. Every person who submiii plans
or specifications, and every Orvner of any of said Property agrees that he will not bring *y u.tion
or suit against Declarant, the Association, the Architectural Committee, or any of the members
thereof to recover any such damage.
7.4 Notice of Noncompliance or Noncompletion. Not withstanding anything to the
contrary contained herein, after the expiration of one (l) year from the date of completion of
construction of any improvements within the Property, said improvements shall, in favor of
purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all
the provisions in this Article VII, unless actual notice of such noncompliance or noncompletion,
executed by the Architectural Committee or its designated representatives, shall appear ofrecord in
the office of the County Recorder of Garfield County, Colorado. or unless legal proceedings shall
have been instiruted to enforce compliance or completion.
7.5 Rules and Regulations. The Architectural Committee may from time to time, in its
sole discretion, adopt, amend and repeal rules and regulations interpreting and implementing the
provisions hereof.
7.6 Variances. Where circumstances, such as topography, location of property lines,
location of trees, or other matters require, the Architectural Committee, by the vote or written
consent of a majority of the Members thereof, may allow reasonable variances evidenced in writing
as to any of the covenants, conditions or restrictions contained in the Declaration under thi
jurisdiction of such Committee, on such terms and conditions as it shall require. The granting of a
variance shall not operate to waive any of the terms and provisions of this Declaration foi any
purpose except at the particular provision hereofcovered by the variance and shall not necessarily
serye as a basis for subsequent variances with respect to the other Lots. The granting of any variance
shall not affect in any way the Association's or Owner's obligation to comply with the laws and
ordinances of the County of Garfield and other applicable govemmental laws or regulations.
7 .7 Aopointment and Designation. The Architectural Committee may from time to time,
by the vote or written consent of a majority of its members, delegate any of its rights or
responsibilities hereunder to one or more duly licensed architects, engineers or other qualified
persons who shall have full authority to act on behalf of said Architectural Committee in all matters
delegated.
7.8 Review Fee and Address. Any plans and specifications shall be submitted in writing
for approval together with a reasonable processing fee. The address of the Architectural Committee
shall be the principal place of business of the Association of such other place as the Architectural
l3K:\LI\AHEIPET\BATTLEMENnCC&R'S.wpd
Committee may from time to time designate in writing to the Board of Directors. Such address shall
be the place ti',r the submittal of any plans and specifications and the place where the current rules
and regulatit'rns. if any. of the Architectural Committee shall be kept.
7.9 Inspection. Any member or agent of the Architectural Committee may from time to
time at any reasonable hour or hours and upon reasonable notice enter and inspect any property
subject to the jurisdiction of said Architectural Committee as to its improvement ormaintenance in
compliance u'ith the provisions hereof.
7 .10 General Provisions. The members ofthe Architectural Committee shall not be entitled
to any compensation for services performed underArticle VII hereof. The powers and duties ofsuch
Committee shall cease and terminate on a date forty (40) years after the date of the recording of this
Declaration. Thereafter. the approval described in Article VII shall not be required unless, prior to
said termination date and effective thereon, a written instrument shall be executed and duly recorded
by the then record Owners or a majority of the Lots appointing a representative or representatives
who shall thereafter exercise the same powers previously exercised by said Committee.
7 .l I Compliance with Governmental Laws. The Declarant, its successors and assigns, and
all future Or,rners of any Lot, and their successors and assigns by their acceptance of their respective
deeds, and the Association shall be bound by and subject to the laws and ordinances of the County
of Garfield and all other applicable governmental laws or regulations. No building or other structure
or addition or change or alteration thereof shall be commenced, constructed, erected, placed, altered,
maintained or permitted to remain erected, placed, altered, maintained or permitted to rernain on any
of the real property within the Property, including the Common Area, which is in violation with any
of the laws or ordinances of the County of Garfield or any other applicable governmental laws or
regulations.
ARTICLE VIII
ASSOCIATION POWERS AIID OWNERS' USE
8.1 Authoriqv. The Association shall have all rights, powers, and authority specified or
permitted by: (a) CCIOA; (b) any other applicable law; (c) this Declaration; and (d) theArticles and
Bylaws of the Association to the extent not inconsistent with (a), (b), or (c).
8.2 Actions AgainstOwners. TheAssociationmaytakejudicial actionagainstanyOwner
to enforce compliance with any provisions ofthis Declaration, obtain mandatory or injunctive relief,
orobtain damages fornoncompliance and exercise any otherright orremedy for enforcement ofthis
Declaration permitted by law. All of such rights and rernedies of the Association shall be
cumulative
8.3 Conveyance or Encumbrance. The Association shall have the right to encumber,
dedicate, or convey all or any part of the Common Area or the Association interest in Association
Water or anv other Association asset. However, no such encumbrance, dedication, or conveyance
K:\LlV\H EI PET\BATTLENTENT\CC&R'S.wpd t4
shall be effective except in an instrument signedby 75 percent of the Or,r'ners, including 75 percent
of all Owners t'rther than Declarant, agreeing to such encumbrance, dedication, or transrbr which has
been recorded in the Garfield County records. Such an instrument ma1'be signed in counterparts
rvhich shall together constitute a single agreement.
8.4 Deleeation of Use. Any Owner may delegate, subject to any Bylaws of the
Association, his right of enjoyment to the Common Area and use of Association Water to the
members of his family residing with him, his tenants, or contract purchasers who reside on the Lot
owned by that Owner.
8.5 Declarant's Use. Notwithstanding any provisions herein contained to the contrary,
it shall be expressly permissible for Declarant, its successors and assigns. or any agent, contractor,
subcontractor or employee of the Declarant to maintain during the period of construction and sale
upon such portion of the properties as Declarant deems necessary such facilities as in the sole
opinion of Declarant may be reasonably required, convenient or incidental to said construction and
sale, includin-e. but without limitation, a business office, storage area, construction yards, signs
model units and sales office
8.6 Owner's Use. In addition to the duties stated elsewhere in this Declaration, each
Owner shall have the duty and obligation to perform and comply with the following restrictions to
preserve the overall value of the entire property:
(a) Minimum Floor Area. No dwelling shall be erected or placed on any Lot in
Monument Ridge unless said dwelling has a ground floor area (exclusive of porches, garages, and
decks) of 1200 square feet or more. No drvelling shall be erected or placed on any Lot in Monument
Ridge unless said dwelling has a total finished floor area (exclusive of porches, garages, and decks)
of 1800 total square feet or more.
O) Roof. Material for roofs shall be wood shingles or shakes, concrete or clay
tile, metal, or asphalt shingles. Other roofing materials rnay be approved by the ACCO. Roofing
materials shall be in an earthtond or muted color to blend into the surrounding landscape.
(c) Exterior Wall Surfaces
(i) Exterior siding must be primarily of natural materials. Siding may be
of redwood, cedar, or any wood properly finished.
(ii) Natural Stone, synthetic stone, brick, stucco, or synthetic stucco may
be used for any exterior walls, but masonry walls must be limited to one masonry type for each
elevation.
(iii) Hardboards and compressed material siding are not permitted, except
quality masonite lap siding may be approved by the ACCO.
KILI\AHEIPET\BATTLENIENT,CC&R'S.WPd l5
(d) Colors. All colors of materials
"vhich
are to be tlnished shall be painted or
stained in "earth tones," specitically those colors which echo or blend with the natural colors
surrounding Monument Ridge. Bright colors are not acceptable. All prdections, including flues,
vents, gutters, downspouts, and tlashings shall match the color of the surface from which they
project or a trim color which is compatible.
(e) Fireplaces and Stoves. No open hearth solid fuel fireplaces will be allowed
anywhere within Monument Ridge. One (l) new solid-fuel burning stove as defined by C.R.S.
25-7-401, et seq. and the regulations promulgated thereunder, will be allorved in any dwelling unit.
All dwelling units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
(f) Waivers. Waivers of any provision of the restrictions set forth in this
Article VIII may be requested with submission of plans and specifications. There shall be a
statement of reasons for any requested waiver of these restrictions. The ACCO shall determine
whether any requested waivers are reasonable and permissible in Monument Ridge.
(g) No storage of new or used construction materials shall be allowed unless in
an approved enclosed area, except during construction or remodeling periods.
(h)
or maintained on any
square feet;
No advertising or signs of any character shall be erected, placed, permitted,
Lot or building except:
(i) A name plate of the occupant and a street number not to exceed eight
(ii) "For Sale" signs;
(iii) Signs which the First Amendment to the Constitution of the United
States of America would allow despite restriction, but then only those which are not large or
overbearing.
(i) Each Lot owner sha{,.qt all times keep his, her, or its property in a clean,
sightly, and wholesome condition. Each Lot owner shall provide suitable receptacles, with secured
lids or covers, for the temporary storage and collection of refuse.
0) Propane tanks located at Monument Ridge shall be underground, fully
screened or enclosed
(k) All exterior lighting will be the minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, except that provisions may
be made to allow for safety lighting that goes beyond the Lot boundaries.
KILI\AHEIPET\BATTLEMENT\CC&R'S.WPd 16
(l) All equipment, garbage. or storage piles shall be kept so as to conceal them
1i'om view of neighboring Lots and streets. All rubbish. trash, or garbage shall be regularly 1s6q'rr'€d
trom the Lots and shall not be allowed to accumulate thereon.
(m) The maximum height of fences shall be forty-two (42) inches. All rail fences
and 3-strand rvire fences shall have a twelve (12) inch separation betrveen the top trvo rails or wires.
Catch corral fences enclosing less than five thousand (5000; square feet of area are exempt h-om
these fencing standards. Chain link fences up to six (6) feet high will be allowed tbr the purpose of
kenneling a dog. A six (6) feet high privacy fence may be used to enclose a conti-euous area of not
more than trvo thousand (2,000; square feet when located immediately adjacent to a residence. Prior
to construction of any tbnce, plans shall be submitted to and approved by the ACCO.
(n)
cable lines) serving
secondary structures
underground.
assigns.
All utilities, (includingbutnot limitedtopowerlines, telephonelines, and TV
any improvements, (this includes primary residential buildings as well as
such as guest houses, garages, outbuildings. and storage sheds), shall be
(i) This requirement shall not apply to Declarant or its successors or
(ii) This requirement may be waived by the ACCo in instances where the
installation of overhead utilities would not adversely affect visual corridors or vierv planes as seen
from the roads or other Lots in Monument Ridge. This requirement may be waived by the ACCO
if there are extraordinary costs or mitigating circumstances which in the sole opinion of the ACCO
would cause the installation of underground utilities to be a hardship.
(o) No further subdivision or resubdivision of any Lot or combination of Lots
covered hereunder shall be permitted without the prior written consent of the ACCO. This
restriction shall not apply to the Declarant.
(p) The grading ofthe Lots shall rernain as close to original grade as possible, and
no excessive grading shall be done without the prior written consent of the ACCO.
(q) No lot o\l'ner shall change or allow material changes in the drainage ofwater
onto any adjoining Lot, common area, or easement.
G) No lot o\\'ner will cause or allow siltation and subsequent damage caused by
siltation (such as obstruction of ditches), where material has washed from the offending Lot onto an
adjoining Lot, common area, or easement.
KrL Iv\HEIPEnBATTLEIvIE:,jT\CC&R'S.wpd t7
(s) No lot otl'ner rvill cause or allow erosion caused by diversion of any water
onto an area not designed for proper drainage or diversion of stomr water onto an adjoining Lot,
common area, or easement.
(t) Upon completion of any improvement or construction on any Lot, the orvner
shall to the greatest extent possible. as a minimum, restore the Lot to the condition which existed
prior to the construction (taking into account such constmction) so that the Lot and the
improvements shall be in harmony'rvith the surrounding unimproved property.
(u) All roadcuts for private driveways and all excavations and site disturbances
shall be revegetated with native plant materials or other landscape materials approved by the ACCO
within one year ofcommencement of construction. Site disturbance shall be restored, to the greatest
extent that is practical, to its original condition.
(v) All private driveways shall be identified at or near the intersection with the
common access road with the address number to identifu each Lot. This sign shall have numerals
at least 6" in height. The numerals shall be clearly visible from the road.
(w) Drivervays shall have culverts of at least tw'elve (12") inch diameter located
at the junction to the main road unless the ACCO waives the requirement in writing.
(x) Roadside parking is not allowed on cornmon roadways or on dedicated
easements, which must remain clear of vehicles except during short periods of construction,
maintenance, or social gatherings. .A.ny roadside parking hereunder will not obstnrct the roadrvay;
roads must be passable at all times.
(y) Other than short-term guests or agents of the owner, no more then four (4)
vehicles per residence (not including motorcycles) shall be kept outside on the property and in plain
view.
(z) No abandoned vehicles shall be permitted on any Lot except in an enclosed
garuge or protected from the view of all other Lots. A vehicle shall be considered abandoned if it
rernains inoperative for a period of five (5) weeks.
orHEtHSi*'#,o",
9.1 Well/Septic Locations. It is important to note that wells and/or individual sewage
disposal fields may have predetermined locations; therefore, it is important that prior to drilling or
excavation the Garfield County Health Department, as well as the ACCO, be consulted prior to
permitting, especially if wells and/or individual sewage disposal fields are proposed within 200 feet
of any lot line. Should any alteration be required from the pre-determined areas, the ACCO must be
consulted to review any deviation or alteration to qualiff the request via geological justification or
K:\LlV\HEIPET\BAT'[LEtvl ENT\CC&R'S.spd t8
other acceptable criteria in accordance with current procedures and Gartield County standards. All
on-site se\\'age disposal systems will be engineered by an engineer licensed in the State of Colorado,
qualitied to design individual sewage disposal systems. No sewase disposal s)'stem which sen'es
more than one single t'amily residence shail be designated or crrnstructed rn Monument Ridge
without prior written consent of the ACCO.
9.2 Floodplain and Natural Drainase. Any neu'buildings shall a"'oid areas of natural
drainage. Natural drainages shall be presen'ed to the maxirnum ertent possible. Absolutely no
improvements or disturbances shall occur rvithin the FEMA designated tloodplain without the
necessary permits. 100 year floodplains are shown on the lvlonument Ridge Plat.
9.3 Residential Use Only. All Lots covered by these covenants are residential Lots and
shall be used solely for residential purposes.
9.4 No Tanoorary Dwellings. No trailer, recreational vehicle, mobile home, tent, shack,
garage: outbuilding, "basernent dwelling," or any temporary structure shall be occupied or used as
a dwelling, either temporarily or perrnanently. The foregoing shall not apply to the Declarant or its
designated agents and the activities conducted by the Declarant or its designated agents. A trailer or
recreational vehicle may be occupied temporarily, (only during construction), tbr one period not to
exceed the time of construction or twelve (12) months, whichever is shorter.
9.5 Trailers. Sinqle and "Double Wide." and "Modulars". No house trailers shall be
permitted in Monument Ridge except as provided in paragraph 9.4 above. All homes shall be
constructed on a permanent foundation. Modular and./or factory built homes may be approved if the
design is consistent with the standards for lvlonument Ridge. Any prospective homeowner rvho
wishes to erect a modular home or a factory built home is encouraged to submit plans prior to
purchasing a lot so that he may be sure that the proposed house design is acceptable to the ACCO.
The ACCO will make every effort to expedite approval and or comments on such applications.
9.6 Burnine. No open burning shall be allowed unless supavised by the local fire
department. However, trash or garbage may be burned on the property only in an approved
incinerator and in compliance with all Garfield County regulations. No coal or other types of fuel
which give offsmoke, except wood, gas, or pellets, shall be used for heating, cooking, or any other
purpose.
9.7 Livestock. No commercial animals, livestock, or poultry of any kind shall be
allowed, raised, bred, or kept at any residence, except that livestock consisting of cows, horses,
goats, or sheep may be kept for personal use as long as the total number of animals is four or less.
Livestock shall not be kept for breeding or commercial purposes. Grazing of permitted livestock
shall be done in a manner so as not to denude vegetation or "graze to dirt" except that livestock may
be contained in a fenced area not to exceed l14 acre per animal which may be maintained free from
grass or vegetation. Chickens and roosters may be kept for personal use so long as they are confined
(not free roaming) and their total number is ten or fewer.
KrLl\ HEIPEnBATTLEMENflCC&R'S.wpd 19
9.8 Househc'rld Pets.
(a) One (l t dog rvill be ailoweci tbr each residential unit and rhe dog shall be
required to be confined rvithin the orvners propert)'boundaries
(b) Residents may keep no more than one (l) dog and two (2) cats as household
pets and any offspring of such household pets not exceeding three (3) months of age so long as such
pets are not kept for cc'rmmercial purposes and do not make objectionable noises or otherrvise
constifute a nuisance or inconvenience to an1 of the residents of \lonument Rid_ee.
(c) Household pets shall be subject to any rules and regulations which may be
promulgated by the Association.
(d) Pets shall be confined to the Lot of the resident by an above-ground fence;
invisible electric fence attached to a dwelling unit; kennel; tether attached to a fi-red, immovable
object, the length of which will not allow the dog to trespass on another resident's Lot; or a leash.
Areas where a Lot owner keeps any pets shall be kept clean and free of refuse, insects and waste at
all time.
(e) Pets shall be on a leash and under the control of the owner rvhen offthe Lot
and not allowed to run treely outside of the resident's Lot.
(0 No commercial breeding actirities of any kind shall be permitted within
Monument Ridge.
(g) Pets shail not be allowed to chase or molest rvildlife or any domestic animals
or persons, destroy or disturb property of another, or threaten public safety.
(h) All pets shall be licensed as required by law.
(i) Dogs shall not be allowed to bark continuously, which shall be defined as
barking for a fifteen (15) minute period, including successive barks or a series ofbarks which repeat
or resume following a brief or temporary cessation.
() Residents of each Lot shall be responsible for assuring compliance with the
restrictions set forth herein of any dog inhabiting their Lot rvith their permission. Residents not in
compliance with the restrictions set forth herein shall be responsible for any and all costs associated
with the enforcernent of these restrictions
(k) Notwithstanding the foregoing, no pets may be kept within a Lot or the
residence thereon which results in any annoyance or is obnoxious to a majority of the Lot owners
within Monument Ridge.
20K:\LI VWEIPET\BATTLEMENT\CC&R S.wpd
9.9 Offensive Activities. No noxious or oft'ensive activit-v shall be permitted on any Lot
or the Property, nor shall anything be done thereon which may be or become an annoyance or
nuisance to other owners, including but not limited to noxious fumes, smoke, excessive or
continuing loud noises, interference with radio or television reception, and excessive draining of
water or other effluents onto any adjoining Lot.
9.10 Firearms. No firearms shall be discharged within Monument Ridge.
9.1 1 Incidental Business. An owner may conduct incidental business from its Lot or
residence as long as there are no outside advertising signs, no retail traffic or other traffic which is
a burden on the roads or residents. There shall be no manufacturing involving any employees. These
reskictions shall not apply to the Declarant or it's designated agents.
g.tz Completion of Construction. Once excavation has begun, the exterior of the
structure must brerco-mpleted within twelve (12) months of the date of excavation. All construction
shall be diligently pursued.
9.13 Reconstruction. In the event a structure is destroyed, wholly or partially, by fire or
any other casualty, said structure shall promptly be either rebuilt or repaired to conform to this
Declaration or else all the remaining structure, including the foundations and all debris, shall be
removed from the Lot. Said reconsffuction or removal shall be commenced within ninety (90) days
of loss and completed within six (6) months of loss.
9.I4 Right to Farm. Colorado is a'Right-to-Farm' State pursuant to C.R.S . 35-3-10I, et
seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All must be prepared to encounter
noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public
roads, storage and disposal of manure, and the application by spraylng or otherwise of chernical
fertilizers, soil amendments, herbicides and pesticides, any one or more of which may naturally
occur as a part of a legal and non-negligent agricultural operations.
9.15 Landowners Responsibilities. All owners of land, whetherranch or residence, have
obligations under State laws and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining properry. Residents and
landowners are encouraged to leam about these rights and responsibilities and act as good neighbors
and citizens of the County. A good introductory source for such information is "A Guide to Rural
Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in
Garfield County. All boundary fancing located in the right ofway for County Road 300 or 309 shall
be rernoved and replaced at the expense of each affected lot owner in the event public road
improvements are required.
K:\LIV\HEIPET\BATTLEMENICC&R'S.wpd 2t
9.16 Mineral Riehts. Mineral rights within lvlonument Ridge are owned by persons or
entities who are not owners ofthe property. Since potentiai tbr mineral exploration exists in the area,
all lot owners should be aware that it is possible that the owners of mineral rights may desire to
explore and/or extract minerals from the property in Monument Ridge. Ifthis should occur, property
owners are entitled to certain rights and protection under Colorado State law.
g.l7 Fire Protection. Monument Ridge is within the Grand Valley Fire Protection Disfrict
(GVFPD) and all houses built within Monument Ridge must comply with the rules, regulations, and
recommendations of the GVFPD. A storage tank at least 2,500 gallons in size must be provided for
residences 3,500 sq. ft. or less, with sprinkler systems optional. Residences larger than 3,500 sq. ft.
must provide both adequate storage and a sprinkler systern. Access for egress and defensible space
shall meet the CSFS NFPA 299 standard. Sprinkler systems shall adhere to NFPA l3D and supplied
from cistern. However, the applicant shall either provide the fire protection cisterns as part of the
domestic water delivery system, or shall provide a separate systan.
ARTICLE X
ACCESS, WATER RIGHTS, AND SEWAGE DISPOSAL AND EASEMENTS
10.1 Private Road Maintenance and Standards.
(a) Any Private Road in Monument Ridge serving two or more Lots shall be
maintained as gravel roads approximately twenty (20) feet wide. They shall be maintained to ensure
safe ease of ingress and egress. The maintenance standards for the Private Roads are those shown
below:
(i)
"washboards," and ruts.
The Private Roads are to be kept free of pot holes, ridges,
Water runoffis to be controlled by regular grading as necessary.(ii)
(iii) Additional roadbase is to be brought in as necessary to meet these
standards or as agreed to by the Lot owners sharing the roads.
(iv) In the winter, snow removal will be contracted to provide for a road
surface substantially free of snow and ice. The Private Roads may be sanded on any inclines as
determined by the Association.
(v) Private Roads may be paved if approved by the Association.
(b) When any Lot owner (hereafter "Membet'') determines that the Private Roads
are in need ofbeing rebuilt, repaired, improved, and/or maintained to the standards described above,
that Lot owner shall notiff the director of the road committee (if none has been elected, then the
K:\Ll\AHEIPET\BATTLEMENnCC&RS.wpd 22
President of the Association). The rvritten notification shall describe the nature of the proposed
building, rebuilding, repairs, and/or maintenance. The President shall call a meeting of the
Association not more than three (3) weeks after receipt of the written notitication, and not less than
seven (7) days before the date of the notice to the members. The purpose of the meeting shall be to
deterrnine the need for work and/or to obtain bids for the proposed work. Any Lot owner may bring
a bid or bids. The Lot owners present shall vote on whether to do the repairs and work; if they so
decide, the Lot owners shall select the least expensive bid froni a competenl and qualified contractor.
The decisions of whether the repairs are needed and which bid to accept should be by majority vote
of those present. The Lot owners may give proxies to vote. The meeting may be adjourned to allow
further study or bidding of the repairs but no more than fourteen (14) days tiom the first meeting at
rvhich time the Association must make a decision regarding the repairs.
(c) The Lot owners agree to cooperate and act reasonably and in good faith
regarding the need for rebuilding, repairing, or maintaining the Private Roads. In the event a Lot
owner believes the need, extent, and/or costs of rebuilding, repairing, or maintaining the Private
Roads are incorrect or unreasonable, the Lot owner may submit the matter to binding arbitration by
a mutually agreeable neutral person. If the members cannot agree on an arbitrator, the matter shall
be submitted tbr binding arbitration in accordance rvith the Colorado statute and the then existing
rules and regulations of the American Arbitration Association. The arbitration shall occur in Grand
Junction, Colorado. The cost of arbitration shall be borne by the Association. Horvever, if the
arbitrator determines that one or more of the Lot orvners has acted unreasonably, the Lot owner (or
those Lot owners) shall pay all costs of arbitration.
(d) The Association (or road committee. if one has been created), rvill estimate
the cost of yearly expenses of road maintenance, repair. and snow removal and include those
estimates in a l"early assessment. If funds collected for the maintenance of the Private Roads and
snow removal tbr the Private Roads are at any time not sufficient for payment of yearly expenses,
the parties ma_"- increase the assessment
(e) Subject to the provisions of the Declaration, all manbers shall share equally
in all the costs and expenses of road maintenance and all costs and expenses of rebuilding, repair,
removal of snow, and improving the Private Roads. Each Lot owner shall be responsible for and
shall pay a share of the costs as described in the Declaration. However, the Road Committee and/or
the Association may elect to reduce the assessments for those Lot owners not using the "Private
Roads" (those members whose lots have direct access to a county maintained road).
(0 Any Lot owner shall be entitled to do emergency repairs and shall be entitled
to reimbursement. An emergency is defined as a condition which may contribute to property
damage or personal injury.
K:\Ll\AHEIPET\BATTLEMENT\CC&R'S.wpd 23
10.2 Water Committee.
(a) A water committee shall be formed by the Association to administer the
operation of the ditches and to direct the maintenance of all ditches. All homeowners rvho own Lots
which are irrigated (or which the Association intends to irrigate) shall be members of this committee
and the Director of this committee shall be a member of the committee. There may be separate
committees ft'rr each water right if the Association desires.
(b) Members of the Water committee shall have the right to enter property of all
lots through u'hich the corresponding ditches pass to do maintenance or construction. Members who
are responsible for said maintenance or construction must give the homeowner where work is
intended to be performed at least three days notice of intent to perform the work. Wheneverpossible
the Water Committee must try to accommodate homeowners so that Water Committee activities are
carried on at times convenient to the homeowners.
(c) Homeowners of lots not now irrigated agree to co-operate in the construction
of new ditches which will carry irrigation water to as many lots as possible. All lot owners whose
lots are proposed to be crossed by irrigation ditches must agree to the locations of new irrigation
ditches prior to construction. Homeowners may not unreasonably withhold approval for a proposed
ditch location if it is the only practical location which would allow irrigation water to reach his lot
and other lots downstream.
(d) Ten foot (10') wide easements shall automatically be created by the
construction ofnew irrigation ditches by the Association and the locations of these ditches shall be
documented by an amendment to the Declaration which modifies Exhibit "B, 4 reduced copy ofthe
plat for Monument Ridge, to show all irrigation ditches then in use by the Association and its
members.
(e) In an emergency members may enter upon homeowners property through
which any ditches subject to this Declaration pass to repair a ditch or to mitigate some wateror ditch
related problern so as to minimize any damage. In such an emergency no notice shall be necessary
to the affected homeowners.
10.3 Domestic Water Ownership
(a) All water rights for domestic water shall be owned by the Association. Lot
owners have ownership of and are entitled to use of domestic water by vinue of their membership
in the Association. All Lot owners of platted lots shall be entitled to equal amounts of domestic
water owned by the Association, except that Declarant shall own an equal share for each unplatted
and/or each unsold Lot (of those Lots shown on Exhibit "B" or any amendment thereof).
24KALIV\HEIPET\BATTLEMENT\CC&FI]S.WPd
(b) The Association shall be the owner and obligee of the water augmentation
plan r.vhich covers the property described in Exhibit "A." The Association shall be the owner and
obligee of the contract for augmentation water with the West Divide Water Conservancy District.
(c) Individual Wells. All wells for domestic water drilled or dug by Declarant
shall be owned by the Association. All well permits shail be owned by the Association and only the
Association shall apply for individual well permits although the homeowners shall pay for such
permits and all costs for drilling such additional wells. Wells may be shared with other homeowners
at the sole discretion of the Association, although any such shared well costs shall be borne equally
among the homeowners using shared wells. The Association shall be responsible for maintenance
and operation of shared wells. If a central rvater system is constructed for the property described in
Exhibit "A," the Association shall be responsible for the operation and maintenance which shall be
shared equally among lots serviced by such water system.
(d) Water Oualiqv Monitorine. Each well shall be constructed in accordance with
State of Colorado Water Well Construction rules and regulations. Water quality tests shall be
performed based on any applicable Colorado Department of Public Health dhd Environmental
Protection A-eency standards for the serv'ice level assigned to each rvell. As a minimum the
Association u'ill select one well within the subdivision that will be tested on an annual basis for;
bacteria, nitrates. pesticides and herbicides. The well selected for testing may change from time to
time.
10.4 ISDS Operation and Maintenance Standards.
All individual sewage disposal systems shall be engineered as specified in
Section 9.1
(b) Responsibility. The owner and the party in possession of real property upon
which an indiridual sewage disposal system is used, shall be jointly and severally responsible for
operation and maintenance of the system unless jurisdiction for responsibility has been transferred
to a public, quasi-public, or political subdivision. The person denying such responsibility shall bear
the burden of proof for such denial upon establishment of ownership or possessor rights in the
property served by the systern.
(c) Service Label. For treatment plants utilizing mechanical apparatus or under
a service policy, a clearly visible, permanently attached label or plate giving instructions for
obtaining service shall be placed at a conspicuous location.
(d) Maintenance and Cleanine. If required by the Garfield County Health
Department, for the purpose of obtaining compliance with rules and regulations; the owner or user
of a systern shall provide for maintenance and cleaning of an individual sewage disposal and shall
notiffthe Garfield CountyHealth Departmentupon completion ofanymaintenanceworkandreport
(a)
K:\LIv\HEIPET\BATTLEIVIENflCC&R'S.wpd 25
to said Department and submit such evidence of compliance with any maintenance and cleaning
schedule in the fbrm and as the Department requires.
(i) The Association may adopt rules and regulations tbr the scheduling
of maintenance and cleaning of systems and practices adequate to insure proper functioning of
acceptable systems, and may require proof ofproper maintenance and cleanrng, pursuant to any such
schedules and practices, to be submitted periodically to the local department of health by the o1\'ner
of the systern.
(ii) There may be a sewage disposal committee which records dates of
pumping ofindividual systerns and orders such pumping for individual Lot owners as necessary'. The
costs of pumping systems maintenance shall be borne by each homeowner.
(e) Monitoring and Sampling.
(i) Reasonable periodic collection and testing by the local health
department of effluent samples from individual servage disposal systems for which monitoring of
effluent may be required, in order to insure compliance with the provisions of its rules and
regulations, fiay be performed not more than two times ayear, except when required by the health
officer in conjunction with an enforcement action.
(ii) Any owner or occupant of propert_v on which an individual servage
disposal system is located may request the local health department to collect and test an effluent
sample from the system. The local health department may pertbrm such collection and testing
services.
(iii) Ifthe Garfield County Health Departments collects and tests eftluent
samples, a fee not to exceed that which is allowed by 25-10-101 et. Seq. (as amended) CR5. 1973,
may be charged for each sample collected and tested. Payment of such charge may be stated in the
permit as a condition for its continued use.
(0 Disoosal of Waste Materials. Disposal of waste materials removed from a
systern in the process of maintenance or cleaning shall be accomplished at a site approved by local
county officials in a manner which does not create ahazard to the public health, a nuisance sr an
undue risk of pollution and which complies with state and local rules and regulations. (See Sludge
Regulations and Solid Waste Regulation.)
(g) No Discharee is Permitted Which Does Not Comply With Rules and
Reeulations. No sewage or effluent shall be permitted to be discharged into or upon the surface of
the ground or into state waters unless the sewage system and effluent meets the minimum
requirements of applicable rules and regulation.
26KlLI\AHEIPEnBATTLEMENICC&R'S.wpd
(h) Termination of Use of System. The contents of a septic tank, r'ault, or seepage
pit, the use of rvhich has been terminated. shall be properly disposed ofrvhereupon the emptied tank,
vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be
removed and disposed of properly.
(i) In the event that non-compliant surface effluent or surface discharge o..*,
from an ISDS which has not been properly maintained or periodically cleaned, the Association shall
have the right to enter the property and cause to be performed such maintenance or cleaning. The
cost of such maintenance and/or cleaning along with any fines for violation ofthis Declaration shall
become an assessment and if unpaid rvith 30 days a lien on the property of the homeowner in
violation.
10.5 Easements.
(a) Easements are described on the Plat of Monument Ridge, a reduced copy of
which is shown on Exhibit "B." These easernents have been and hereby are reserved for ingress,
egress, emergency access, drainage structures and utility purposes (water, sewer, electricity, gas,
cable TV, etc.). Easements may also be used for identification signs and landscaping by the
Association.
All parties are ret'erred to the Plat for descriptions of all easements. Easements and rights-of
way as shown on the Plat are hereby reserved for the benefit of the Association and for the benefit
of each Lot owner in Monument Ridge. This Plat is available from Declarant and each Lot owner
may receive a copy of this Plat at closing.
(b) Except tbr lot line utility easements, the Association shall have the
responsibility tbr maintenance and construction within the easements shown on the Plat. There may
be further easements filed at a later date under the provisions of the Declaration.
(c) There shall be utility easements along all lot lines in Monument Ridge as
shown on the Plat. These easements may be used by Xcel, Qwest, and any other utility provider for
the purposes of distribution of electricity, telephone, TV cable, gas and other utilities. All such
utilities in these utility easements shall be underground.
(d) Declarant has certain rights regarding easements and roadways as follows:
Declarant hereby reserves, for himself and its successors and assigns, in all easements and roadways
within Monument Ridge an easement for ingress, egress, emergency access, drainage strucfures, and
utility purposes (rvater, sewer, electricity, gas, cable TV, etc.). These easernents shall include the
right for Declarant and its successors and assigns to install, operate, maintain, repalr, rernove, and
replace such tanporary and permanant facilities as Declarant or its successors and assigns may
desire, including but not limited to the installation, maintenance, repair, removal, and replacanent
of identification signs and landscaping. These easement rights are for the benefit of each Lot owner
and Declarant and are also assi,errable by Declarant.
KiLl\ HEIPEflBATTLENTENilCC&IUS.wpd 27
(e) Declarant may, in its sole discretion, assign rights hereunder to third parties.
This right of assignment shall sun'ive tbr 5 (fivet years after Declarant no longer owns any Lots. If
Declarant assigns or grants easements, there may be no sharing of road maintenance costs or
Declarant may determine a reasonable proportion of road maintenance costs to be paid by grantees.
(0 In addition, Declarant reserves for himself and its successors and assigns the
legal use of all roadways and easements shou-n on the attached plat and for ingress, egress,
emer,qency access, drainage structures, identification signs, landscaping and utility purposes, (water,
sewer. electricity, gas, cable TV, etc.). The Declarant's rights under this reservation may also benefit
any properties adjacent to the properties covered by these covenants which may now be owned by
or later purchased by Declarant or in rvhich Declarant may later have a financial interest. If Declarant
exercises this right of assignment of additional easements, they will be perpetual easements.
(g) Declarant shall havetheright to create additional perpetual easements forfive
(5) years after he no longer owns any Lots. All easements created so must be in writing. Any
additional easements under this paragraph will be along lot lines and will not exceed 25 feetin width
and may be over existing easements at Declarant's option. These rights are also assignable by
Declarant and Declarant's successors and assigns. Declarant may, in its sole discretion, assign rights
hereunder to third parties who may or may not ou'n property in Monument Ridge and who may own
propert)' elsewhere. These easement shall be tbr ingress, egress, emergency access, drainage
stntctures, and utilitypurposes (water, sewer, electricity, gas, cable TV, etc.) and forthe installation,
operation, maintenance, rq)air, and replacement of the roadway.
(h) No Lot owner will misuse. abuse or damage roads, common easements or
common areas.
ARTICLE XI
RIGHTS OF LENDERS
I l.l Filing Notice: Notices and Apgovals. A Mortgagee shall not be entitled to receive
any notice which this Declaration requires the Association to deliver to Mortgagees unless and until
such Mortgagee, or its mortgage servicing contractor, has delivered to the Board a written notice
stating that such Mortgagee is the holder of a Mortgage encumbering a Lot within the Property. Such
notice need not state which Lot or Lots are encumbered by such Mortgage, but shall state whether
such lvlortgagee is a First Mortgagee. Wherever the approval of all or a specified percentage of
Mortgagees is required pursuant to this Declaration, it shall be deerned to mean the vote or approval
of all or a specified percentage only of those Mortgagees which have delivered such notice to the
Board. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is
conditionedon aspecific writtenrequestto the Association, in addition to havingthe noticeprovided
in this Section, a Mortgagee must also make such request, either in a separate writing delivered to
the Association or in the notice provided above in this Section, in order to be entitled to such right.
Except as provided in this Section, a Mortgagee's rights pursuant to this Declaration, including,
K:V-IV\HEIPET\BATTLEMENflCC& R'S.wpd 28
without limitation, the prionty'of the lien of Mortgagees over the lien of Assessments levied b1-the
Asso"^iation hereunder shall not be atlbcted by the tailure to deliver a notice to the Board. Any nr.rice
or request delivered to the Board b1' a Mortgagee shall remain etl'ective without any further action
by such Mortgagee for so iong as the t'acts set forth, in such notice or request remain unchan,eed.
ll.2 Relationship with Assessments Liens.
(a) The lien provided for in the Article hereof entitled "Nonpayment of
Assessments" for the payment of Assessments shall be subordinate to the lien of any Mortgage
which rvas recorded prior to the date any such Assessment becomes due.
(b) If any Lot subject to a monetary lien created by any pror-ision hereof shall be
subject to the lien of a Mortgage: (1) the foreclosure of any lien created by anyhing set forth in this
Declaration shall not operate to affect or impair the lien of such lvlortgage; and (2) the foreclosure
of the lien of said Mortgage, or sale under a power of sale included in such Mortgage (such er-ents
being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair the lien
hereot'. except that any persons who obtain an interest through any ofthe Events ofForeclosure. and
their successors in interest. shall take title free of the lien hereof or any personal obligation for said
charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the
lien hereof for all said charges that shall accrue subsequent to the Events of Foreclosure.
(c) Any Mongagee who obtains title to a Lot by reason of any of the Evenrs of
Foreclosure, or any purchaser at a private or judicial foreclosure sale, shall take title to such Lot free
of anl' lien or claim for unpaid Assessments against such Lot which accrue prior to the time such
Mortgagee or purchaser takes title to such Lot. except for liens or claims tbr a share of such
Assessments resulting from a pro rata reallocation of such Assessments to all Lots within the
Properry.
(d) Nothing in this Section shall be construed to release any Owner from his
obligations to pay for any Assessment levied pursuant to this Declaration
ARTICLE XII
DISURANCE AND FIDELITY BONDS
t2.t
the CCIOA.
Insurance. The Association shall carry any and all insurance coverages required by
12.2 Corporate Employees. If any Owner or Association employee controls or disburses
Association finds, the Association must obtain and maintain, to the extent reasonably available,
fidelity insurance in an aggregate amount equal to not less than two months of current assessments
plus reserve calculated from the then-current budget of the Association.
29K:\LIV\HEIPET\BATTLEMENT\CC&R S.spl
12.3 Independent Contractors. Any person employed as an independent contractor by the
Association for the purposes of managing the Association must obtain and maintain fidelity
insurance in that same amount unless the Association names such a person as an insured employee
in a contract of fidelity insurance described above.
12.4 Additional Coveraee. The Association may carry or require of an independent
contractor anployed to manage the Association fidelity insurance coverage in an amount greater
than that specified in this section.
12.5 Commons Expenses. Premiums for insurance required by the Association under this
provisions are Common Expenses of the Association.
ARTICLE XIII
SPECIAL DECLARANT RIGHTS
13.1 Addition and Withdrawal of Prope4v. Additional parcels within the area described
in Exhibit "A," attached hereto and incorporated herein, may be annexed by the Declarant without
the consent of the Members within eight (8) years of the date of this instrument and Declarant may
create from said property described in Exhibit "A" a maximum of 25 additional lots.
13.2 Special Declarant Riehts. Declarant reserves all special declarant rights available
under CCIOA, currently defined at Section 38-33.3-103(29), C.R.S.
13.3 Assignment by Declarant. Except as restricted by CCIOA or other applicable law,
Declarant may assign (from time to time) some or all of Declarant's rights or obligations under this
Declaration to any other person or entity and, upon such assignment, shall be relieved from any
obligation or liability assigned.
13.4 Sales Office and Models. Despite anything to the contrary stated elsewhere in this
Declaration, the Declarant may maintain a sales and/or management office and model homes on the
Property. The office may be located on any Lot owned by Declarant and may be relocated to any
other Lot owned by Declarant from time to time, at Declarant's sole discretion. If Declarant ceases
to own any Lot, Declarant shall have a period of thirty (30) days in which to remove the office
described above from the Property. The Declarant may maintain one or more signs on the Common
Area or Lots owned by Declarant for the purposes of advertising the PropErty and the sales of Lots.
The provisions of this section shall contiol in the event of any confliciwitir any other provisions
contained in this Declaration
ARTICLE XIV
GENERAL PROVISIONS
l4.l Rules and Regulations. The Association shall have the right to impose rules and
regulations upon the Owners concerninguseofthe Common Area, Association Water, and anyother
KTLIV\HEIPET\BATTLEMENT\CC&R'S.WPd 30
Association propertr-; pror,'ided. all rules and regulations shall apply equally and uniformly to all
Lots and Owners.
14.2 Enforcement
(a) The Association or the Ouaer (including Declarant) of any Lot may enforce
any provision of this Declaration in an action at law or in equity. The relief sought may include
damages (including, for example, consequential and incidental damages) for any violation, or
injunctive relief, or both. This listing of possible remedies is not exclusive. It is the intent of the
Declarant that the Association or an Owner may obtain any relief available under the then applicable
law or the provisions of this Declaration for violation of any provision of this Declaration. All such
rights and remedies shall be cumulative.
(b) In any litigation orotherproceeding concerningenforcernentorinterpretation
ofthis Declaration, the prevailing party shall be entitled to recoverreasonable attomey fees and court
costs, in addition to any other relief available to that party.
14.3 Term. The provisions ofthis Declaration shall each constitute covenants running rvith
the land applicable to all of the Lots, binding Declarant and all persons and entities claiming by,
through, or under it tbr a period of twenty (20) 1-ears from the date of this Declaration. Thereafter,
this Declaration shall be automatically extended for successive periods of twenty (20) years each,
without action by or notice to any person or entiry.
14.4 Amendmen!. Subject to the provisions of Section 38-33.3-217( 1), (5) and (6), C.R.S.,
all or any portion of this Declaration other than the provisions of Article XII may be supplernented,
changed, or canceled in rvhole or in part at an-v- time by the consent of 67 percent of the Lots
evidenced by an instnrment in rwiting signed by' all of the then Owners of the Lots in a manner
provided by law at the time for conveyance of real property, when that instrument is duly recorded
in the office of the Clerk and Recorder of Garfield County, Colorado. Upon recordation in that
manner, any modification of this Declaration shall be valid and binding upon the Owners of the.Lots
and theirheirs, personal representatives, successors in interest, and assigns.
14.5 CCIOA Controls. Any provision of this Declaration in conflict with the provisions
of CCIOA shall be void and of no effect.
14.6 Notice. Any notice or demand required or permitted by this Declaration shall be in
writing and shall be sent by United States first-class mail, postage prepaid, to the address of the
Owner of the Lot(s) to receive notice at the address provided by the Owner for that purpose to the
secretary of the Association. If the Owner fails to provide an address to the secretary, notice shall
be sent to the address ofthe Owner specified in the deed recorded in the Garfield County, Colorado,
real estate records by which that Owner took title and to the street address of that Lot, if any.
KtLI \AHEIPET\BATTLEMETJT CC& R'S. rvpd 3l
14.7 Section Headines. The section titles and headings used in this Declaration are tbr
identification purposes only and shall not be utilized to interpret or construe the pror-isions of this
Declaration.
14.8 Severabilitv. Invalidation of any one of these covenants or restrictions by judgment
or court order shall not affect any of the other provisions of this Declaration, rvhich shall remain in
full force and effect.
14.9 Bindine Effect. The provisions of this Declaration shall be binding upon and for the
benefit of Declarant and each and all of its successors in interest and assigns.
14.10 Gender. Whenever reference is made to persons, unless the context requires
otherwise, words denoting the singularmay be, and where necessary shall be, construed as denoting
the plural number; and words of the plural number may be. and where necessary shall be, construed
as denoting the singular number; and words of one gender may be and where necessary shall be
construed as denoting such other gender as may be appropriate.
l4.l I No Right Given to the Public. Nothing contained in this Declaration shall be deerned
to be a gift or dedication of any portion of the Property to the general public or for any public use
or purpose.
14.12 Applicabilitv of Governmental Rezulations. The covenants, conditions, ffid
restrictions contained herein are separate and distinct from any zoning, building or other law
ordinance, rule or regulation of Garfield County, or of any govenrmental authority having
jurisdiction over the Property which now or in the future may contain different requironents from
or in addition to those contained herein or which may prohibit uses permitted herein or permit use
prohibited herein In the event of any conflict between the provisions hereof and the provisions of
any such law, ordinance, rule or regulation, the Owner must first comply with all governmental laws,
ordinances, rules or regulations and then to the extent possible, the Owner must comply with these
covenants, conditions, and restrictions unless such compliance would result in a violation of such
law, ordinance, rule or regulation, in which case, upon a finding that compliance herewith would
result in such a violation, the ACCO shall waive any such covenants, conditions, or restrictions to
the extent it results in such a violation, and in connection therewith, the ACCO may impose such
conditional covenants, conditions, and restrictions as may be necessary to carry out the intent of this
Declaration.
K:\LI\AHEIPET\BAfi LEIUENICC&R'S.wpd 32
IN WITNESS WHEREOF, Declarant has executed this instrument the day and year first
above written.
..DECLARANT''
STATE OF COLORADO )
couNrY oF JEFFE*roro I
tt'
2002,by
Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
FOOTHILLS LAND & DEVELOPMENT, [NC., a Colorado
corporation
By:
President
Notary Public
The foregoing instrument was acknowledged before me this _ day of
, the President of Foothills Land & Development,Inc., a
K:\LITAHEIPET\BATTLEMENilCC&R'S.wpd 33
EXHIBIT 'A' (page I of 2)
iXEM,TION LOI 1 PRoPERTY DESCRIPTIoN
A-PARCEL OF LANO SITUATED IN THE WI,/25W1/4s;W1/4 OF SECNON 17.
IgwN :r'r p- _7 sou TH, RA.igq_s I _h -E
si oi' ru' (rx rx 6irN-crpii -uLiioriir,
cgyl rI oF -cARFrELo, sJllq
-o_r c-o'oneoo;- s-rro prnCei oi r_erici-ifr rNcVORE PARTICULARLY OESCRTEEO AS rOir-OW'S.--
COMMENCING AT THE NoRTHWEST coRNER oF SEcnoN 20; THENCEN 26'01'02" E I47I.95 FEET TO IHE WEST-CENTER SIXTEENTX_CO;NEN
9r^S10-s_EcTtON 17, TH_E.polryl of BECINNING: IHENCE S OO.liiSi iALoNc THE NORTH- SOU TH mSr- srx iiEruiri LiNe +gi.s;2 iiEl;',' ririNEe:iAVl9 sAr0 souTH-srxr-EENTH L,NE N B2.ro,zr. w oso.soliEi i<il'0rNi 0N rHE EASTERTY nrcxr-oi-wnv urNi -or cotiNiiiroei-'Nol ioo;TriENCi N OO'40'04" W ALONG SAIO EASTERLY RIGHT-OF-WIV LrrIi -'
I4r 46 FEET; THENCE CONTtNUtNc euONc sero ersrenlv nidxrl6F_wavLINE N 00'47'.31', w 192.04 FEETI IHENCE CONTTNUTNG ALONG SAIOqlsIElLI RrcHT-oF-wA.y_. !rl.lq. N _02?e,07. w 6s.9s FEET ro r ior.rroN THE EAST-WEST SOurx-srxrEe-N-rn urr.re biano'sE-ciroi iz, iiitNceN Bg'Je'r7" 8 ALoNc sAlg loyt,_srxrEENTH uNE 6s1.99 reer io rxi'porNT 0F EEGTNNTNG: SAro PARCEL Oi aANO C6r.riairurNo-0.+a7 adnEs.'MORE OF LESS.
.XEMPTION LOT 2 PROPERTY DESCRIPTION
r-PAASE|- OF LANo STTUATEO tN THE w1 /25w1 /4sw1 /4 OF SECTTON r7.TS*NsF'rip 7 sourH. RA.!\icE__gl _wESi Oi'rx-E-' {,lo pRtNCtpAL uERrOraN,ccuNry oF GARFTELo, S_IITE-_o_F ior_oneoo;-siro pmce[ oi;n"o-'-3ErNc MoRE pARlcuLARLy oEscnraED AEloiiows,
:OMMENC|NG AT THE NORTHWEST CORNER OF SECION 20; THENCE.,J JE'10'rJ" E t054.J4 FEET TO IHE pOtNI Or-BEGTNNTNC;' ilg*Cis-00.4r'r5" E 375.r4 FEf_t_THENCE S ag.c2'Oo; w oiz.ii;iEi--T0 A porNr oN THE EASTERLy nrCir-oEw-liur.re oi cou*ii noeo
JO: lOqi THENCE N 00'06'55' w ALONG SAIO EASTERLYQrGHT-0F-wAy L|NE JO5.B7 rEEr; fXeNCE dOn-frr.rUrr.rC ALONG SA|D:ASTERL' R.CHT-oF-wAy L,NE N OO'40'04" w isg.zs rEEi lxir.rie_iAVrN6 sAr0 EASTERLy_RrcHT_oF_wAy LINE s 62ro,2r; g osaj6-
:a!-r_ r0 THE PolNr oF BEctNNtNG; sero FancEl or ulr.ro coNiirirNc. 083 ACRES. MORE OR LESS.
:XEMPTION LOT 3 PROPERTY OESCRIPTION
A-PARCE-L OF LAND SITUAIEO IN IHE WlI2SWT/4SW1/4 OF SECTION 17.
l9wN :Hr
p _7 sou TH, RAtqE__s s^ _wqsi oi' r-x?' Kxii 6irNErpii -,iliio,in
couN Ty 0F GARFTELo, s]flE_ _qF cor_oneooi- s-ero penCei di ir-ricj"#,.,lrcVORE PARTICULARLY OESCRIBED EJ}OiUOft.-''
COMMENCtNc AT THE NORTHWESI CORNER OF SECTION 20; THENCE\ 55'19'48" E !054.J4 F_E!T To THE potNT oF-iectNnrruc; THEN.E: !0_41-r_5" E 419.99 FEE^T TO A potNT ON iXE-NORrxERr-vRrcHT-OF-wAy LINE OF COUNTY nOeO NO. Jd3; rxEruCE
:_92'59'0_2" w ALoNG s{o T9RIHE_Rw nicxi_-or_wlii,*E rr+.as.EET: THENCE CONTINUIN-G EUOr.rC EArO iibiiXEiUV RIGHT-OF-WAY LINEI E9'JJ',56" w 229.3E FEET; THENCE COr.rrrNuiNc ALoNc SAID\ORThIRLY RIGHT-OF-W^Y LINE N 89'28'15' W 22I.59 FEET; IHENCE:0NTTNUTNG ALoNc sAro ruonrxenr_iRrcirloi_wev lrNeI j8_08'!8" w 48.99 FEE-T- TO A potNT ON riE EASTERLY?rGHT-OF-wAy L,NE OF CO,NTRy noao Nb."ibo; ix.Elce LEAVING SA'D\oR TF ERL' RrcH T-oF- wA-y -!!,lq N ol.sr,o1- w- rloNb-sio-E^iii-n.i'"nrcHT-0F-wAy LtNE 70.56 reEi; rntNiibO,lrrlurNc ALoNG SAlo:ASTERLY RIGHT-OF.WAY LINE N 00'06'55- W J+S.S+ FEEI; THENCE:ilyrtc sArD EASTERLY_RrcHT_OF_wAy L|NE N 89.42,00; i Oli.ii-::El:0_JHE pOtNT OF gECrNNrru-C: inio innctr oF LANo CoNTA,N.NG. ] 32 ACRES, MORE OR LESS.
EXHIBIT 'A' (page 2 of 2)
REMAINING MONUMTNT RIDGE PARCEL PROPERTY OESCRIP]ION
A PARCEL 0F LAND STTUATED t{ THE Sel/45E1/4 OF SECIION 18, rHEE1/2NE1/4 oF sEcIoN- rs, THE wtliiiTiiviitq eNo nri-.-:.ry1l1!!t/1 oF sEcno.N_20. rowu!*rp i ioirnr. RAr.rcE es *EST oFIlE -grx1!
pRrNcrpAL uenror,ln, -c_ou-nw biiinriero,' iiriE 6F-
. "
99!9!lo_9; sAro pARcEL or rexo Eiir.ic-i,roiE pARrrcuLARLy
OESCRIBED AS FOLLOWS:
COMMENCING AT T},IE wEsT_ oUARIER coRNER oF SECTIoN 20: THENCELEAVTN._THE *EST L,NE qi gEgIroN zo i tigiz.ri;-w;LoNc il;..-.EAsT-u€sr cENTERLTNE .oI^iaq!o! ii rJff& FEET To rHEEAST-cEN rER slxrEENrH conNEH -bi' iecn"on-"r g; IHENCE LEAvTNG sArDEA sr- cEN TER sr xTEEN TH__LrNe_ r.r ools;io;' iv' lr-oruc nENORTH-SOUTH ersr-srxrEENlx _uNt' OFie6n6N rs 264r.Or FEET TOTHE EAST STXTEENTH conNEn oiiLtnbrr6-it er.ro ts; THENcEI_99:10'00' w ALoNc 11e_ry09ry:-ouin eair_srxrEENrH L,NE oFSECTTON 16 r52o.Er reer ro nre so,liiirfr-irxrEENTH CORNER OFSECTION 18; THENCE L-E.IJUI{G SErO-NONU:-SbUJTX ErSr SXTEENTH UNEN 8s'ss'sg" E ALoNc tE _Ejgr:uasi iouil}xTEENTH LINE oFsAro sEcTroN ro rszo.sc FEEi ro ne-s-ouiir-'srxreENrH CORNER OFSECTIONS 17 ANO 18: THENCE-N ES'SS'ri;i'ALONG IHE EAST-WESTsourH-srxTEENTr-r L,NE.9.r S{c16i ii io.oi ?Ler ro A porNT oN rHEEASTERLY RIGHT-OF-WAV r-rNE OF'CCLNrr iOiO NO. JOO; THENCEs 02'2s'07" E ALofic s31o glqpn_w irCir_6i'_wly LINE 6s.esFEET; THENCE CONTINUING EUOHO'SE,Ci''E;iTEXTV,RIGHT-OF-WAY LINEs 00'47'Jt' E ls2.o4 FEEI; THENCi cOrviiNujNi ALoNG SAtoEASTERLv RIGH T- oF_wAy_ l[q_9 b-o.4od;'E j;r.46 FEET; THENcEcoNTr NU rN c ALoNc sAro EnsrEnli -nr c-rii_ or'_ wev uxes 00'40'04' E ts9.25 FEEr; THENCE CONnHL[,r'i ALONG SA|OEASTERLv RrcHT- oF_wAy_ gll_E__! oopess. E" lbs.sz FEEI; rHENCEcoN lNurN c ALoNG sAro Enirenli -nr-c-nil or'_ ilay uNes 00'06'5s' E J45.54 FEEr; THENCE CONnruurilb ALONG SAIO
Elsr_ERLy R'GHT-oF_WAI_$^E g orsr or" izd.56 FEET To AporNT oN THE NORTHERT-' nr,ri-or-wiV r-]rui'or couNry R.AD NO.50J: THENCE S EE.OE'58. E^aLoNG SrrO NoirnenLy RtcHT_oF-wAyLrNE 48.es FEETI THENCE courrNUrN6 ALoi.rt'iiro Nonrxenr-vRrcH-r-0F-wAy LINE s B!?q,1s: e zzr,sd iiei THENcEcoNr N urN G ALoNG sArD_ Non rxEnii Eicii_ o'F_ wnv r-rNeS _8g'JJ'SB" E 229JA FEET; THENCE CONrrNuir.rC ALONG SA|ONoR THERLv RrcH T_ cF_ wa_y_ lillE N ez;de;oi; i'r Ja, EJ FEET;THENcE.LEAVTNc srro NonrunlV'niCn?6i_irv uNe:.90:419r" E 60.or FEET^ro n porNi oru-rxE"iourxenlvRrcHT-oF-wAy LINE oF.couN* ndro nb.'sisl THENcEs 00's2'47" E r29o.r4 FEET To rxe wesi_c-ilriER NoRTHwESTsrx-Ty-Fo_URTH CORNER g[ sE-c_lorf zo, -rxe-Nid
N 89.46'51. E66s.9J FEET TO rxe NonT'rGli-sixiEtNnr''t-o'nNER OF SECrroN 20:THENCE S01!4'rE' E rJ2r.s6 rEef io rxi'Gii-ceNreR srxrEENTHcoRNER 0F sEcIoN 2O:. rltENCE S as.sa as;-il t540.75 FEET TOTHE PoINT 0F BEGTNNTNa; SrrO-piniei-Orirr.rb cONTA|N|NG t8t.9laACRES, MORE OR LESS.
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MONUMENT NDG,E EXEMPTIQN PLAT
A PARCEL OF I./IND SITUATED IN THE IVI(SW'6STX OT SECTION 17. SE'4SEI4 OF SECTION 18. E}6NE'( OF SECTION 19.
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