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HomeMy WebLinkAbout01.0 ApplicationPRELIMINARY PLAN LEVITY SUBDIVISION February 15, 1996 Garfield County Planning Attn: Mark Bean 109 8th Street Glenwood Springs, CO 81601 RE: Levitt Subdivision Preliminary Plan HCE Job No. 95060.01 Dear Mark: Enclosed is the Preliminary Plan submittal for Levitt Subdivision, submitted on behalf of the owner, Thomas Levitt. Included in the submittal are 20 sets of the following: Bound in booklet: 1. Application Form 2. Supplemental Information 3. Statements regarding Grading, Roads, and Utility Plan 4. Soils Study 5. Drainage Study 6. Water Supply Information 7. Title Commitments/Warranty Deeds/Legal Access Information 8. Access and Maintenance Agreements Drawings bound separately: 1. Cover Sheet 2. Plat 3. Plat 4. Grading, Drainage and 5. Grading, Drainage and 6. Grading, Drainage and 7. Master Utility Plan 8. Chlorination and Pump 9. Water Tank Details 10. Water Detail Sheet Road Profile Road Profile Road Profile Control Building 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Mr. Mark Bean February 15, 1996 Page 2 If you have any questions or comments, please feel free to contact me. Sincerely, HIGH i TRY ENGINEERING, INC. Roger Neal, P.E. Project Engineer RDN/tmc APPLICATION FORM Sketch Plan Preliminary Plan Final Plat SUBDIVISION APPLICATION FORM GARFIELD COUNTY SUBDIVISION NAME: Levitt Subdivision OWNER: Thomas W. Levitt X ENGINEER/PLANNER/SURVEYOR: Land Design Partnership (Planner); High Country Engineering, Inc. (Engineer/Surveyor) LOCATION: Section 28 & 29 Township 7 South Range 87 West WATER SOURCE: Pumped Storage System SEWAGE DISPOSAL METHOD: Individual Lot Septic Systems PUBLIC ACCESS VIA: Fender Lane & Private Access Easements (known as Harmony Lane, Wind River Road and Whitecloud Road) EXISTING ZONING: ARRD EASEMENTS: Utility Proposed - Telephone and Power Ditch TOTAL DEVELOPMENT AREA: (1) Residential Number Acres Single Family 13 79.455 Duplex Multi -Family Mobile Home (2) Commercial Floor Area Acres (3) Industrial sq.ft. sq.ft. (4) Public/Ouasi-Public 0 (5) Open Space/Common Area 0 79.456 TOTAL: PARKING SPACES: Residential On individual lots only Commercial None Industrial None SUPPLEMENTAL INFORMATION land design partnership February 15, 1996 Mark Bean Garfield County Planner 108 8th Street Glenwood Springs, CO 81601 Re: Levitt Subdivision - Preliminary Plan Dear Mark: The following is offered as a general description of the proposal contained in the attached preliminary plan documents and to satisfy certain requirements for supplemental information. PRELIMINARY PLAN - SUPPLEMENTAL INFORMATION Introduction The Levitt Subdivision comprises property located in three contiguous parcels, the westerly tract of land is owned by Molly Levitt, a middle tract owned by Thomas Levitt (husband and wife) and a small portion a of a third tract of land located to the east and owned by the Levitt Family Trust. Prior to the recording of the final plat for the subdivision appropriate documents for a boundary line adjustment will be filed to reconfigure the Levitt Family Trust parcel consistent with the east line of the proposed subdivision. The adjusted Trust parcel contains slightly over thirty-six acres. All properties are zoned Agriculture/Residential/Rural Density. Site Description The northerly half of the site is a gently rounded, east west ridge located along the brow of the slope dropping down into the Roaring Fork River Valley. The majority of the valley wall slope is in excess if forty percentand does not apply to the area calcu a s or minlmium lot size. The steeper slopes and the southerly edge of the upper ridge are forested with pinion and juniper trees. The majority of the ridge is open meadow typically irrigated for pasture. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • Fax (303) 945-4066 Mark Bean Page 2 February 15, 1996 Access: Access from Fender Lane (county road) will be provided by existing easements appurtenant to the Levitt property. These easements are refereed to as armony Lane, Wind River Road and Whitecloud Road. Portions of these easements are presently improve; Harmony Lane (Fender Lane to Wind River Road) and Wind River Road. The proposed Whitecloud Road will constructed to Garfield County Roads Standards for "Rural Access". The common use maintenance agreement for Wind River Road is attached. an agreement for Harmony Lane maintenance is in progress. (7_. cg� Design Concept The Sketch Plan endeavors to offer each building site access to the spectacular views of Mount Sopris. Building envelopes shown on the preliminary plan reflect a minimum fifty foot set back from e top of the valley wall. On some lots th setback is considerably g - . er t an i y ee "' - • ui . ing envelopes are proposed to minimize impact on the visual character of the valley wall skyline as seen from Hwy 82 and to respond to the recommendations of the attached geotechnical report. These building envelopes will be enforced by the hom er's association b d of director. /-s � z71 yC (o./✓ J The exaggerated cul- e -sac is proposed to assure ease of emergency vehicle maneuvering and to create an open space easement area for use by all the subdivision residents. The linear W 0b y 4... nature of the property dictates the cul-de-sac design. The common use area will be landscaped and with trees and an approximately half acre of irugated lawn area. - Sine limitations will be placed on the amount of irrigated lawn allowed on each lot, this common park area will provide desirable recreation space. In addition to wise stewardship of water resources, this design promotes a greater sense of community among the residents. No livestock will be allowed on lots 1 through 9. A limited number of horses may be allowed on Lots 10 through 13 depending on the availability of irrigation water. Livestock will be controlled by the protective covenants. A draft of the protective covenants will be provided for county review prior to the preliminary plan hearing at the Planning and Zoning Commission. Wildfire: A plat note is shown calling for observance of the Colorado State Forest Services's recommendations for construction of homes in areas of potential wildfire hazard. Wildlife: On January third I meet with Rich Adams in this area of Missouri Heights to discuss this and other projects in the area. Rich expressed the necessity to preserve the steep pinion/juniper hillside as critical winter habitat and that any fencing meet the standard Mark Bean Page 3 February 15, 1996 guidelines of the Division of Wildlife. The proposed development preserves the steep slopes and the DOW fencing guidelines will be included in the protective covenants. He additionally suggested that the protective covenants accommodate provisions for the management of the deer and elk herds in the future. He expressed concern that the herd populations are growing in this area of Missouri Heights and that some methods of control may become necessary in the future. Water: Domestic,limited irrigation and fire protection water will provided by two common wells and a storage tank. The water system will be owned and maintained by the subdivision home owner's association. Water rights for the common well will be purchased from the Basalt Water Conservancy District. See information attached from High Country Engineering and Zancanella and Associates for more detailed information. Documentation on the production of the wells will be submitted under separate cover. A pump test report is anticipated by March 1 followed by a water quality analysis prior to April 1. Wastewater Disposal: Individual, on lot, septic tank and leachfield will be used for wastewater disposal. The attached geotechnical report provides percolation test data. Comprehensive Plan The Sketch Plan for this subdivision was submitted prior to the adoption of the new comprehensive plan for the Roaring Fork Valley. From a subregions l planning perspective, this area is as influenced by the moderately concentrated development patterns to the east in Eagle County as it is by the lower density characteristics of Garfield County to the west. The majority of traffic from the project will travel north to Harmony Lane and Fender Lane where traffic will split, some traveling west and a larger percentage traveling east ending up in El Jebel. The Upper Cattle Creek Road north of El Jebel was completely rebuilt by Eagle County earlier this summer. Within three-quarters of a mile east of the Levitt Subdivision, existing development in Eagle County is characterized by densities of one to five acres per dwelling unit. Good planning would seem to support the concept of continued moderately concentrated growth in an area that offers safe, convenient access to the community services at El Jebel. Ronald B. Liston ij/ /. \_ ij ��% yc//pi/////V//4d/`/ O�\\ i,/jj7 il/m0��1//ff\\\ ///. Illll1eel11 11//, �N \� ��If //)lllE) illjilllj / \ ==-'/ I///llll//llll r / ///// / /// j1111 nil� Trust �' /// l/ l l I )/J///////// ////////////////07//// / ////l el `LLL,`____,,� \I 1111111 `�` J �� \�\\\` __ /,6/ / / % / / \ \1111 \-,���\\\�� — 111\\I\� �\�."i/\�\���_ 111` ��� �= \\\\�__ \ \` Ns. - 1 =—�\— - \\\--,.--__ \ /- \.� a . .—�_'' i �,-\N� . .ns Property\ 709° - 71 ///////4--- , ,oe �• ' >09 / \ 1 sol OO.Q / / / // / / / / STATEMENTS REGARDING GRADING, ROADS AND UTILITY PLAN LEVITT SUBDIVISION PRELIMINARY PLAN SUBMITTAL February 15, 1996 GENERAL: The proposed Levitt Subdivision is located in Missouri Heights off Fender Lane. Private access easements known by road names as Harmony Lane, Wind River Road and Whitecloud Road, access Fender Lane. The property is currently zoned AR/RD, Agricultural Residen- tial/Rural Density, and no change in zoning is requested. The proposed use consists of one single family residence per lot. UTILITIES: Electric: Holy Cross Electric has planned for this subdivision and has indicated that they have adequate service available. U.S. West Communications has telephone planned and has indicated that there is adequate service. Service lines form both of the above mentioned utility companies have already been stubbed to the White Cloud Road access easement. Water: Water will be provided by a well (or wells) and pumped to a 120,000 gallon storage tank. The tank would be located at elevation 7105± and will provide working pressure at the highest building envelope of approximately 40 psi. Fire flow protection provided by the tank will be 1000 gpm for two hours. Hydrants will be located as shown on the utility plan. Sewage Disposal: Sewage disposal will be by individual sewage disposal systems, typically septic tanks and leach fields. Sizing and design of systems will be in accordance with Garfield County regulations in force at the time of construction. Five percolation tests have been taken and range from 20-30 minutes per inch. This indicates that an acceptable site should be available on most lots for standard soil absorption systems. If it is found that percolation rates that are too fast or too slow for a standard system, a typical mound type sand filter or an evapotranspiration system could be used. In either case, a sizeable individual sewage disposal system which would conform to County and State regulations is feasible on all of the proposed lots. Responsibility for construction, operation and maintenance of individual disposal systems will rest with the individual lot owners, who should maintain the systems in accordance with Garfield County and Colorado State Health Department regulations. Should the welfare of adjacent homeowners be affected by failure of an individual owner to properly maintain a septic system, the Homeowner's Association will have the authority to enforce maintenance of the individual systems. Location of Utilities: - All standard rural utilities are already available adjacent to the site, including underground electric and telephone. Extensions can easily be made to service each proposed lot. Cable TV and natural gas are not available at this time. Other utilities serving the project, with their consent, will be Holy Cross Electric and U.S. West Communications. We understand that copies of this plat will be submitted to these utilities by the County and comments will be requested. GRADING AND ROADS: Grading - No mass overlot grading is proposed by the developer, and none is envisioned to be necessary.c�rcAitc-c s F SkRt7wS(0,1I?E2tie) Roads/Traffic - All lots will have access directly to a public right-of-way. All roadways 41tjc it G44,Ec4.R, within the project will be private access roads, but will be built to County Road standards. A cv 06j Plan and Profile drawing for the major access road for the subdivision is included with this package. All roads within the subdivision will be maintained and repaired, including /l/ 0 C"‘j TS snowplowing, as addressed in the enclosed maintenance agreements. The three access roads to the subdivision are currently built to a County required rural access standard except for 800 feet of Whitecloud Road which connects to Wind River Road to the property boundary. The roads within the project are also proposed to be built to rural access standards. Surfacing on all roads within the subdivision will be class 6 aggregate base course which is consistent with the adjacent access roads. LEGAL ACCESS: /e, , S j �G L AC -C(5? This subdivision is accessed via Fender Lane from which three separate access easements connect to the property. These access easements are named in order of access to the subdivision from Fender Lane (County Road): Harmony Lane, Wind River Road and Whitecloud Road. All interior lots will have access to private road easements. PROPOSED USES: The proposed uses for the property will be single family residential lots. SOLAR ORIENTATION All lots in the proposed subdivision with the exception of the open space lots 2 and 13 and lots 8 and 14 have a building site which has direct southern exposure. DRAINAGE ON SITE The stormwater runotT from this site will be, in general, unconcentrated sheet flow on the proposed lots and runoff from the road will be captured by roadside ditches. These ditches will route the stormwater runoff to a proposed detention facility located in the center of the loop at the end of the road. Flows from the pond will drain to the existing drainage on the wet side of the property. Runoff fro the lots will follow diffuse historic drainage patterns. JdG(1F Tom_ Ct1 c,* i) i•seiso e estimated flows for the 25 year and 100 year storm events were calculated for the existing condition and the proposed condition. The increase in runoff for the 25 year storm will be detained in the proposed detention pond. Please see the enclosed Drainage Study for further information Irrigation ditches currently exist on the property. However, these ditches terminate within the project limits. These ditches will be abandoned on the property and thus, will not require any culverts at the road crossings. SAT dvukr )12,0 xlCNfS SOILS STUDY H -P GEOTECHNICAL, INC 1840 MT. ZION DRIVE GOLDEN, COLORADO 80401 PHONE: (303) 271-0919 PROJECT MEMORANDUM Date: February 15, 1996 Job No. 195 524 Project: Levitt Subdivision To: Ron Liston The Land Design Partnership 918 Cooper Ave. Glenwood Springs, Colorado, 81601 From: Ralph G. Mock Subject: Topographic Break Line Levitt Subdivision As requested, we have reviewed the updated sketch plan and have drawn in the line which delineates the sharp topographic break described on the Landslides and Slope Instability section of our December 29, 1995 report. As previously recommended, a building site set back of 25 feet from the topographic break should be considered unless further studies show that it is acceptable to build on the steeper slopes. 1\)CO4lig-r; If there are questions concerning these recommendations, please call. HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 Road 154 Glenwood Springs, CO 81601 Fax 970 945-8454 Phone 970 945-7988 PRELIMINARY GEOTECHNICAL STUDY PROPOSED LEVITT SUBDIVISION SOUTH OF FENDER LANE AND WEST OF HARMONY LANE, GARFIELD COUNTY, COLORADO JOB NO. 195 524 December 29, 1995 PREPARED FOR: THOMAS LEVITT P.O. BOX 414740 KANSAS CITY, MISSOURI 64141 HEPWORTH-PAWLAK GEOTECHNICAL, INC. December 29, 1995 Thomas Levitt P.O. Box 414740 Kansas City, Missouri 64141 502( Road 154 Glenwood Springs, CO 81601 fax 970 945-8454 Phone 970 945-7988 Job No. 195 524 Subject: Preliminary Geotechnical Study, Proposed Levitt Subdivision, South of Fender Lane and West of Harmony Lane, Garfield County, Colorado Gentlemen: As requested, we have conducted a geotechnical study for the proposed subdivision at the subject site. The property is suitable for the proposed development, based on geotechnical conditions. It should be possible to construct single family residences on the thirteen proposed lots, without encountering unusual problems associated with the site geology, if the steeply sloping areas are avoided. The residences shouid be designed to withstand moderate levels of earthquake related ground shaking. Subsurface conditions encountered in the exploratory pits excavated in the general development area consist primarily of sandy silts and clays overlying dense silty sand and gravel with basalt fragments. Groundwater was not encountered in the pits and the soils were moist. Spread footings placed on the natural subsoils and designed for an allowable bearing pressure of 2,000 psf to 4,000 psf appear suitable for support of single family residences. The report which follows describes our investigation, summarizes our findings, and presents our recommendations suitable for planning and preliminary design. It is important that we provide consultation during design, and field services during construction, to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPWORTH-PAWLAK GEOTECHNICAL, INC. Daniel E. Hardin, P.E. Rev. By: SLP DEH/kmk cc: Land Design Partnership - Attn: Ron Liston TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY 1 PROPOSED DEVELOPMENT 1 SITE CONDITIONS 2 GEOLOGIC SETTING 2 LOESS 3 COLLUVIUM 3 LANDSLIDE 3 BASALT FLOWS 3 EAGLE VALLEY EVAPORITE 4 FAULTS 4 FIELD EXPLORATION 5 SUBSURFACE CONDITIONS 5 GEOLOGIC SITE ASSESSMENT 6 LANDSLIDES AND SLOPE INSTABILITY 6 EARTHQUAKES 6 GYPSUM DEFORMATION 7 PRELIMINARY DESIGN RECOMMENDATIONS 7 FOUNDATIONS 8 FLOOR SLABS 8 UNDERDRAIN SYSTEM 8 SITE GRADING 9 SURFACE DRAINAGE 9 PERCOLATION TESTS 10 LIMITATIONS 10 REFERENCES 11 FIGURE 1 - GEOLOGIC CONDITIONS AND LOCATION OF EXPLORATORY PITS FIGURE 2 - LOGS OF EXPLORATORY PITS FIGURES 3, 4 & 5 - SWELL -CONSOLIDATION TEST RESULTS FIGURES 6 & 7 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS TABLE II - PERCOLATION TEST RESULTS PURPOSE AND SCOPE OF STUDY This report presents the results of a preliminary geotechnical study for the proposed Levitt Subdivision to be located south of Fender Lane and west of Harmony Lane in Garfield County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to identify the geologic and subsurface conditions and evaluate their impact on the project. The study was conducted in accordance with our proposal for geotechnical engineering services to Thomas Levitt, dated October 23, 1995. A field exploration program consisting of a reconnaissance and exploratory pits was conducted to obtain information on the site and subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine compressibility or swell and other engineering characteristics of the on-site soils. The results of the field exploration and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report summarizes the data obtained during this study and presents our conclusions and recommendations based on the proposed development. PROPOSED DEVELOPMENT The proposed development consists of about 76 acres and will be divided into 13 lots of 4 to 9 acres for single family residences as shown on Fig. 1. Private driveways will access the building sites. We assume the residences will be typical of the area and be 2 to 3 stories with a partial or full basement. The development will be serviced with individual septic disposal systems and a central water system. We understand that development will be confined to the flatter areas of the site and the steep slope areas will be avoided. If development plans change significantly from those described, we should be notified to reevaluate the recommendations presented in this report. 2 SITE CONDITIONS The proposed 76 acre Levitt Subdivision is in the Missouri Heights area which is a rolling upland in eastern Garfield County. The property is in parts of Sec. 28, 29„ =rand T. 7 S., R. 87 W. The topography in the area is indicated by the contour lines shown on Fig. I. Most of the northern part of the subdivision is on the Missouri Heights upland and lies about 600 feet above the Roaring Fork River valley which borders the property on the south. Portions of the property extend on to the steep, south and west facing escarpment which forms the river valley side in this area. Slopes on the upland are moderate, in the range of 5 to 20%. Slopes along the bordering escarpment are steep and average about 60%. Major drainages do not cross through the property. Several small ephemeral, first order drainages head on the escarpment that borders the upland. The upland area has been irrigated and the ditches are stt presen . n e non -irrigated areas along the escarpment and in a few places on the upland vegetation is sage, other brush and junipers. The property was undeveloped at the time of our field work in November, 1995. Road construction was underway in an adjacent development to the north. Several old ranches and new residences are present in the adjacent parts of the upland. GEOLOGIC SETTING The rolling upland on the property is part of a large basalt plateau to the north of the Roaring Fork River valley. The plateau is on the southern margin of the White River Uplift which is a broad, regional uplift formed during the Laramide Orogeny about 40 to 70 million years ago. The northwest trending axis of the Roaring Fork Syncline, a secondary Laramide-age structure, projects through the project area. Near surface rock formations below the plateau and property are late Miocene -age basalt flows and interlayered tuffs and volcanic conglomerates. The basalt flows overlie the H -P GEOTECH -3 Pennsylvanian -a eg E�agle_Valley Evaporite. Surficial soils are loess and colluvium. The principle geologic features on the property are shown on Fig. 1. LOESS The surface of the upland is underlain by loess (Ql). This wind deposited soil is a reddish -brown silt and clay with some fine sand. Loess was encountered in most of the test pits where it was from 3.5 to greater than 8.5 feet thick. At depth, the loess grades into weathered basalt. COLLUVIUM Colluvium (Qc) usually covers the rock formations on the escarpments which borders the upland. The colluvium consists of angular to rounded hard rocks, which ranges from gravel to boulder -size, in a silty to clayey sand matrix. Exploratory pits were not located in areas of colluvium since extensive development is probably not feasible on the steep slopes. In most areas the colluvium probably does not exceed 15 feet thick. LANDSLIDE An area of irregular topography on the escarpment in the southwestern part of the property appears to be associated with a deep, rotational slump landslide complex (Qls). The landslide complex has a surface area of about 7 acres. It appears that the landslide is in the colluvium, basalt, and underlying Eagle Valley Evaporite. The depth of the landslide is uncertain, but it could be 50 to 100 feet deep. The landslide appears to be dormant. BASALT FLOWS Erosionally resistant basalt flows and interstratified sedimentary rock (Tbb) are present below the upland, and crop out locally along the escarpment. Near surface wea hem basalt was encountered in several of the exploratory pits. Th weathered basalt in a sandysilt am �It is likely that consists of gravel to boulder -size basalt fragments H -P GEOTECH -4 - weathered basalt which grades at depth to sound basalt will be encountered at typical basement depth below the upland on the property. a asap flows erupted about 8 million years ago and covered much of the area before the Roaring Fork River and its local tributaries had down cut to their present levels. The basalt is made up of individual flow sheets which vary from 5 to 200 feet thick (Larson and Others, 1975). Judging from the outcrop pattern on the escarpment, basalt flows and possibly interstratified sedimentary rock at the subdivision may be in the range of 50 to 200 feet thick. The basalt is a very hard, dense rock which is usually cut by a complex joint system. The interstratified tuffs and conglomerates are usually non-cemented but firm. CAV -,641-‘ 41,-/ b) 6", 0 ( go fc, ar6c EAGLE VALLEY EVAPORITE tied 15 1) i 5 U s Ey The Eagle Valley Evaporite crops out locally in gullies below the basalt flows along the steep escarpment which borders the upland on the south and west. The Eagle Valley Evaporite is a gray and tan, gypsum and anhydrite with interbedded siltstone, claystone, and dolomite. The gypsum and anhydrite are cemented but soluble in fresh water. The siltstone varies from cemented and hard to non-cemented but firm. The dolomite is cemented and hard. The bedding structure at most places is convoluted because of flow deformation in the plastic gypsum and anhydrite. Joints are common in the siltstone and dolomite which gives these rocks a secondary blocky structure. The gypsum and anhydrite are massive because of their plasticity and they do not contain joints. FAULTS Major faults have not been mapped on the property (Tweto and Others, 1978). The Castle Creek fault zone is located along the lower western slope of Basalt Mountain about one mile to the east of the eastern property boundary. The Castle Creek fault zone is not considered to be a potentially active geologic structure (Kirkham and Rogers, 1981). H -P GEOTECH 5 FIELD EXPLORATION The field exploration for the project was conducted on November 20, 1995. Eight exploratory pits were excavated at the locations shown on Fig. 1 to evaluate the subsurface conditions. The pits were dug with a four-wheel drive rubber -tired backhoe. The pits were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with relatively undisturbed and disturbed sampling methods. Depths at which the samples were taken are shown on the Logs of Exploratory Pits, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig. 2. The subsoils consist of about 'h to 1 'h feet of topsoil overlying up to 8 feet of stiff sandy silts and clays. In four pits, the silts and clays were underlain by silty sand and gravel with basalt fragments up to boulder size at depths of 1 to 3 'h feet. Digging in the dense gravel with the backhoe was difficult due to the cobbles and boulders and practical refusal was encountered in the deposit. Laboratory testing performed on samples obtained from the pits included natural moisture content and density, Atterberg limits, and gradation analyses. Results of consolidation testing performed on relatively undisturbed drive samples, presented on Figs. 3 through 5, indicate low to moderate compressibility under conditions of loading and wetting. Results of gradation analyses performed on disturbed bulk samples (minus 5 inch fraction) of the natural coarse granular soils are shown on Figs. 6 and 7. Atterberg limits testing indicates the silt and clay soils are of low plasticity. The laboratory testing is summarized in Table I. H -P GEOTECH -6 - No free water was encountered in the pits at the time of excavation and the subsoils were moist. GEOLOGIC SITE ASSESSMENT It should be possible to construct single family residences on the thirteen proposed lots without encountering unusual problems associated with the site geology if the steeply ( sloping areas are avoided. There are several geologic conditions which should be considered in development planning as discussed below. Geotechnical engineering recommendations pertaining to foundations, roads, site grading, and on-site sewage disposal are presented in the Preliminary Design Recommendations section of this report. LANDSLIDES AND SLOPE INSTABILITY A landslide complex is located on the escarpment in the southern partso f Lots 7 and 8. This area and the aajacent steep escarpment should be considered high risk areas for potential slope instability. The steep escarpment is not recommended for home sites or other construction which could significantly disturb the slopes. It is recommended that home sites and other construction which requires cuts and fills greater than about 5 feet deep not be considered on slopes steeper than 30%, unless further studies show that the construction will not adversely impact the slope stability. A sharp topographic break occurs between the escarpment and upland at about the contact between = Units QUTbb and Qc/Tbb. We recommend that structures be set back at from this topographic break unless further studies show that it is acceptable to builon t e steeper slopes. EARTHQUAKES The project site could experience moderately strong earthquake -related ground shaking of Modified Mercalli Intensity VI during a reasonable service life for residential H -P GEOTECH 7 construction, but the probability for stronger ground shaking is low. Intensity VI ground shaking is felt by most people and can cause general alarm, but results in negligible damage to structures of good design and construction. All structures on the prouertv should be designed to withstand moderately strong ground shaking with little or no damage and not to co lapse under stronger ground shaking. The region is in the Uniform Building Code Seismic Risk Zone 1. Based on our current understanding of the earthquake hazard in this part of Colorado, we see no reason to increase the commonly accepted seismic risk zone for the area. GYPSUM DEFORMATION Unusual topographic features were not observed on the property, but linear topographic escarpments are sometimes present elsewhere on the uplands to the north. These unusual topographic features may be associated with flowage, expansion and solution of the gypsum in the underlying Eagle Valley Evaporate since the basalt flows were extruded about 8 million years ago. It is uncertain if this deformation is still an active geologic process or if deformation has stopped. To our knowledge, there has not been problems with gypsum deformation in this area or in other areas underlain by the Eagle Valley Evaporite in western Colorado. If deformation is still active, it is likely occurring at very slow rates and should not be a potential hazard to residential development. PRELIMINARY DESIGN RECOMMENDATIONS Severe geologic conditions that would restrict construction were not identified in the proposed building areas. The conclusions and recommendations presented below are based on the proposed development, subsurface conditions encountered in the exploratory pits, and our experience in the area. The recommendations are suitable for planning and H -P GEOTECH 8 preliminary design but site-specific studies should be conducted for individual lot development. FOUNDATIONS Bearing conditions will vary depending on the specific location of the building on the property. Based on the nature of the proposed construction spread footings bearing on the natural subsoils should be suitable at the building sites. We expect the footings can be sized for an allowable bearing pressure in the range of 2,000 psf to 4,000 psf. Nested boulders and loose matrix soils may need treatment such as enlarging footings or placing compacted fill or concrete backfill. Foundation walls should be designed to span local anomalies and to resist lateral earth loadings when acting as retaining structures. Below grade areas and retaining walls should be protected from wetting and hydrostatic loading by use of an underdrain system. The footings in non- heated areas should have a minimum depth of 36 inches for frost protection. FLOOR SLABS Slab -on -grade construction should be feasible for bearing on the natural soils. There could be some post -construction slab movement. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints. Floor slab control joints should be used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free -draining gravel should underlie basement level slabs to facilitate drainage. UNDERDRAIN SYSTEM Although free water was not encountered in the exploratory pits, it has been our experience in mountainous areas that local perched groundwater may develop during times o eavy precipitation or seasonal runoff. An underdrain system should be provided to protect below grade construction, such as retaining walls, crawl space and H -P GEOTECH 9 basement areas from wetting and hydrostatic pressure buildup. The drains should consist of drainpipe surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. SITE GRADING The risk of construction induced slope instability at the site appears low provided the buildings are located above the steep lower part of the property as planned and cut and fill depths are limited. Cut depths for the building pads and driveway access should not exceed about 10 feet. Fills should be limited to about 10 feet deep, especially where they encroach steep downhill sloping areas. Structural fills should be compacted to at least 95 % of the maximum standard Proctor density near optimum moisture content. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation and topsoil. The fill should be benched into the portions of the natural slopes exceeding 20% grade. The on-site soils, excluding oversized rock and topsoil, should be suitable for use in embankment fills. Permanent unretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation, rock riprap or other means. SURFACE DRAINAGE The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Water should not be allowed to pond where it could impact slope stability and foundations. To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains H -P GEOTECH - 10 - should discharge well beyond the limits of all backfill and landscape irrigation should be restricted. PERCOLATION TESTS Percolation testing was performed in shallow pits adjacent to five of the exploratory pits as shown on Fig. 1. The percolation test holes were dug and soaked on November 20, 1995. Percolation tests were performed on November 21, 1995. The test results are attached on Table II and indicate the area is suitable for conventional leach field septic systems. LIMITATIONS This report has been prepared according to generally accepted geotechnical engineering principles and practices in this area at this time. We make no other warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of published geologic reports, the exploratory pits located as shown on Fig. 1, the assumed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation, conduct additional evaluations and review and monitor the implementation of our recommendations. Significant design changes may require additional analysis or H -P GEOTECH modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. Respectfully Submitted, HEPWORTH-PAWLA6aQTECHNICAL, INC. ,.40.t,Tis)0 R•, ,4, C, .. X1.0 • 24443 Daniel E. HartiE./2,h9/4c '110 NAL El‘ and by: ,„e Ralph G. Mock Engineering Geologist Reviewed By: SLP DEH/kmk REFERENCES Kirkham, R. M. and Rogers, W.P., 1981, Earthquake Potential in Colorado - A Preliminary Evaluation: Colorado Geological Survey Bulletin 43. Larson, E.E., and Others, 1975, Late Cenozoic Basic Volcanism in Northwestern Colorado and Its Implications Concerning Tectonism and the Origin of the Colorado River System, in, Curtis, B.F., Editor, Cenozoic History of the Southern Rocky Mountains: Geological Society of America Memoir 144. Tweto, 0., 1978, Geology Map of the Leadville 1°X 2° Quadrangle, Northwestern Colorado: U.S. Geological Survey Map I-999. H -P GEOTECH 1 ti z I OF eW = 4 • tr r 1- O -J • IP 8_ s 4 -o 0 // SUBDIVISION, GARFIELD COUNTY, COLORADO H W J as 0 J 4) a 0 5 .— 10 LEGEND: N T Pit 1 Pit 2 WC. 18.1 00-98 -200..68 .4-40 , 200-11 Pl. 15 WC 18.9 DD -92 .200..78 Pit 3 WC -19.0 DD --88 TOPSOIL; silt and clay, sandy, organic, stitf, moist, dark brown. CLAY (CL); sandy, slightly gravelly, stiff, moist, medium to dark brown. Low plasticity. SILT (ML); sandy, medium dense, moist, light brown. Calcareous. Pit 4 CLAY AND SILT (CL -ML); sandy, stiff, moist, brown, slightly calcareous, low plasticity. SILT AND GRAVEL (ML -GM); sandy with basalt rock fragments up to small boulder size, medium dense, moist, light brown. Calcareous. GRAVEL (GM); sandy, slightly silty to silty, with basalt fragments up to 3 teet in diameter, dense, moist, light brown. Calcareous. Hand driven liner sample. Disturbed Bulk Sample. Practical refusal to backhoe on basalt boulders. WC -17.2 DO -97 -200..88 Pit 5 WC -34.9 00.78 NOTES: Pit6 Pitz Iss 46 r'..i .4.46 -L2003.14 L-8 ..1 PI -NP WD- 13.7 DO.. 102 Pit 8 -1 .4-89 -1 -200-9 1. Exploratory pits were excavated on November 20. 1995 with a 4x4 rubber - tired backhoe. 2. Locations of exploratory pits were determined approximately from features shown on the site plan provided. 3. Elevations of exploratory pits were not measured and logs of exploratory pits are drawn to depth. 4. The exploratory pit locations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content (%) DD = Dry Density (pcf) +4 =Percent retained on No. 4 sieve -200-= Percent passing No. 200 sieve LL = Liquid Limit (%) PI = Plasticity Index (%) NP = Nonplastic 0 5 10 195 524 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. Levitt Subdivision LOGS OF EXPLORATORY PITS Fig. 2 0. 0 a 0 • C/03 1 L 0. 02 U 0 C 0 0) 1 tU 0. o 2 3 5 Moisture Content = 18 . 1 Dry Unit weignt = 98 Sample of: sandy clay From: Pit 1 at 2.5 feet percent pcf No Movement Upon Wetting 0.1 t.0 0 APPLIED PRESSURE — ksf a)0 Moisture Content = 16.9 Ory Unit weignt = 92 Sample of: sandy clay From: Pit 2 at 5.5 feet percent pc! H II No Movement Upon Wetting II I I I VIII HHi VIII 0.1 1.0 10 APPLIED PRESSURE — ksf 195 524 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. SWELL-CONSOLIOAION TEST RESULTS too Fig. 3 195 524 Compression % Compression % 0 1 2 0 1 2 4 No Movement Upon Wetting Moisture Content = 19 .0 percent Ory Unit Weignt = 88 pcf Sample of: sandy silty clay From: Pit 3 at 4 feet 0.1 10 0 APPLIED PRESSURE — ksf ;�C Moisture Content = 17 -2 percent Ory Unit Weight = 97 pct Sample of: sandy clay From: Pit 4 at 5 feet i 0.1 II Compression Upon Wetting 1 I I 1.0 to APPLIED PRESSURE — ksf HEPWORTH-PAWLAK GEOTECHNICAL, Inc. SWELL -CONSOLIDATION TEST RESULTS 1 100 Fig. 4 Compression % Compression % 0 1 2 0 1 2 3 4 0.1 Moisture Content = 314 .9 percent Ory Unit Weight : 78 pcf Sampteof: sandy silt From: Pit 5 at 4.5 feet 1.0 10 APPLIED PRESSURE — ksf Moisture Content = 13.7 percent Dry Untt Weight = 102 oct Sample of: sandy clay From: Pit 7 at 3 feet ;GO i 0.1 111 Compression Upon Wetting 1 I 1.0 :0 APPLIED PRESSURE — ksf HEPWORTH-PAWLAK GEOTECHNICAL, Inc. SWELL -CONSOLIDATION TEST RESULTS Fig- 5 10o 195 5214 0 4 r No Movement Wetting Upon I I 1 0 1 2 3 4 0.1 Moisture Content = 314 .9 percent Ory Unit Weight : 78 pcf Sampteof: sandy silt From: Pit 5 at 4.5 feet 1.0 10 APPLIED PRESSURE — ksf Moisture Content = 13.7 percent Dry Untt Weight = 102 oct Sample of: sandy clay From: Pit 7 at 3 feet ;GO i 0.1 111 Compression Upon Wetting 1 I 1.0 :0 APPLIED PRESSURE — ksf HEPWORTH-PAWLAK GEOTECHNICAL, Inc. SWELL -CONSOLIDATION TEST RESULTS Fig- 5 10o 195 5214 HYOI1OMETER ANALYSIS ItUE HEADINGS •In ?I HO. 7 Nn trtn S71 Irt i0 ttt •R %_ IS MIN 15 MIN. 60 MIN. 19 MIN. 4 MIN. t U1N. •2110 ---1 ii 100 SIEVE ANALYSIS •J.S. S I ANUANU SE111ES CLEAII SUUAIII' UVENINI,S 90 60 70 60 O. SQ um 30 20 10 .001 1 r 5- M1.. /1_ --0 10 70 30 n 40 Z t W 50 7 ,Y 00 rc74 0 m .002 1 T----, tr-TT] TTr i U 9 .331 U 4 IM .297 4'590 1 19 ?03ft 4. 0 9.52 19.1 DIAMETER OF PARTICLE IN MILLIMETERS 1- IT 1 2 .005 .009 CLAY TO SIL7 GRAVEL 40 % SAND 49 % SILT ANO CLAY 1 1 % 44 •Y 15 % PLASTICITY INOCX SAMPLE OF silty sand and gravel FROM Pit 1 at 4 feet through 6 feet with basalt fragments SAM/ FINE T MEDIUM 1COAn5Ei GRAVEL 1 7 1 3n 11)() 38, 1 18.2 127 MI 152 FINE COAN SE ICO9OLES LIQUID LIMIT !-IYDROMETER ANALYSIS TIME NEAUINGS 24 1411. 7 Nn. IS MIN t5 MIN 81) MIN. 19 MIN 4 MtN. t MIN '21011 i90 11.5. I ANI7A11U S1IIIES 'inn '50 '10'30 '16 SIEVE ANALYSIS • 40 •I GLEAU SOUMIE OPENINGS - 70 .� 60 5 a. a. ,.. 50 z W 219 W 1. 30 001 .001 _001 .006 .019 .037 .074 .149 .207 590 1.19?. 0 .38 4.18 42 CLAY TO SILT GRAVEL 45 % SAND 41 % SILT ANO CLAY 14 16 38 % NP % LIOUID LIMIT PLASTICITY INDEX SAMPLE OF silty sand and gravel FROM Pit 6 at 4 feet through 6 feet DIAMETER OF PARTICLE IN MILLIMETERS FINE1 SAND MEDIUM 1COnn5EFINE 1 COARSE1 100 9.53 19.1 38.1 16.2 IT? 15220 GRAVEL 1C008LES 195 524 HEPWOR T H-PAWLAK GEOTECHNICAL, Inc. GRADATION TEST RESULTS Fig. 6 HYOROMETER ANALYSIS 21 D0. 7 HO 4S MIN IS MIN. 70 t IME HEADINGS SIEVE ANALYSIS U.S. SI ANUAl1U SENSES GLEAN :i(IUAIII• UVENINI.S •Inn •Sn • 4n '10 N- r,- 1S' r 5-8- 8' 80 MiN. 19 MIN,! MIN. I MIN. '71M1 't0 1 n , 1 _ 'I0 F�- -+------ b 17 z a .4 0- L Lr. 4-. q0 � R 10 10 0. .1101 .002 0. F � . i......-7 — f- ~— k. ----h--, . �,-T-r-TTTT11 I 1 T'T IITT-7 100 i r 1 i 1 T— 41 1 ul4 .1 9 - 41 .19 7 39 4.16 9.52 19.1 38.1 . 78.2 127 200 uDS .009 .019 UV /� 149 M` 12 2.0 452 DIAMETER OF PARTICLE IN MILLIMETERS 1 SAND GIIAVCI. /CLAY TO SILT FINE ] MEDIUM 1CUA11SE.FINE I COAIISC GRAVEL 69 Y. SAND 22 % SILT AND CLAY 9 % PLASTICITY INDZX SAMPLE OF slightlyt silwith ty sandy fragmentsOM Pit 8 at 3 feet through 4 feet grave LIQUID LIMIT iC080LES HYDROMETER ANALYSIS LIME HEADINGS SII MIN. 19 MIN 4 MIN t MIN 74 int. 71411. is MIN 15 MIN 100 90 U.S. 1)1 ANDAIIU SEIUES .700 • 1rx1 •-n .441-10 SIEVE ANALYSIS .in �n8 •4 CLEAN SOUANE OPENINGS 1.4- i 0 10 70 80 -111111111M11.1 30 a 40W t 5n z GO U re 0. 10 10 —f- 20 90 10 �1 .002 .005 .009 .019 11 1 1 t ..077 .074 .149 .297 500 1.19 2.38 1.78 .42 2.0 OIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT ISANG 1 FINE MEDIUM 9.12 19.1 38.1 18.2 127131 'CO/VISE' FINE 1 COAnsE GRAVEL !COBBLES GRAVEL 16 SAND 11. SILT AND CLAY LIOUIO LIMIT PLASTICITY INDEX FROM SAMPLE OF 100 195 524 I HEPWORTH-PAWLAK GEOTECHNICAL, Inc. GRADATION TEST RESULTS Fig. 7 HEPWORTH-PAWLAK GEOTECHNICAL, INC. JOB NO. 195 524 TABLE 1 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL MOISTURE CONTENT 1%) NATURAL GRADATION PERCENT ATTERBERG LIMITS UNCONFINED COMPRESSIVE STRENGTH (PSF) SOIL OR BEDROCK TYPE DRY DENSITY (Poi) GRAVEL (%) SAND 1961 LIQUID LIMIT (96) PLASTIC INDEX 1%1 BORING DEPTH (feet) PASSING NO. 200 SIEVE 58 sandy clay 1 2.5 18.1 98 4 to 6 40 49 11 44 15 silty sand and gravel with basalt fragments 2 5.5 16.9 92 78 sandy clay 3 4 19.0 88 sandy silty clay 4 5 17.2 97 86 sandy clay 5 4.5 34.9 78 sandy silt 6 4 to 6 45 41 14 38 NP silty sand and gravel -sandy clay 7 3 13.7 102 8 3 to 4 69 22 9 slightly silty sandy gravel with basalt fragments HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO. 195 524 Page 1 of 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-1 42 15 water added water added water added water added 8 7 Y2 YZ 9 8 1/2 1/2 9 8 Y2 A 9 8 Y2 YZ 9 8 1/2 Y2 8 Y2 8 '/2 c:i.„-.30 P-2 52 15 water added water added water added water added 10 9 1 10 'Y2 10 72 10 Y4 10 Y4 Y2 11 10 1/2 1/2 11 10 Y2 A 10 Y2 10 'Y2 30 P-3 45 15 water added water added water added water added water added 8 6 Y2 1 Y2 8 6 74 1 Y4 8 7 1 7 4 7 Y4 8 7 y4 1r4 8 7 Y4 3'4 20 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO. 195 524 Page 2 of 2 HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-4 46 15 10 8 Y4 1 A _ .3 water added 10 1/2 9 Y4 Y4 water added 11 10 1 water added 10 9 A % 10 1 10 /2 10 9 / '// P-5 36 15 water added water added water added water added 8 7 1 30 8 /2 7 /2 1 8 /2 7 3 3'4 8 'h 7 74 % 7 3/4 7 A /2 8 7 h / NOTE: Percolation test holes were dug and soaked on November 20, 1995. Percolation testing was performed on November 21, 1995. DRAINAGE STUDY DRAINAGE PLAN FOR LEVITT SUBDIVISION PRELIMINARY PLAN SUBMITTAL HCE JOB NO. 95060.01 February 14, 1996 a Leslie A. Hoff , E.I. Design Engineer imothy •. Beck, P.E. Principal Engineer 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 SECTION INTRODUCTION OFF -Si 1'h BASINS HYDROLOGY DRAINAGE PLAN SUMMARY APPENDIX: DRAWINGS: TABLE OF CONTENTS PAGE 1 1 1 1 2 Calculations Vicinity Map 8-1/2" x 11" Floodplain Map 8-1/2" x 11" Grading and Drainage Plan 11" x 17" See also: Sheet 4 - 6, Grading and Drainage Plan, Preliminary Plan Drawings, bound separately INTRODUCTION The proposed Levitt Subdivision is located in Garfield County, northwest of El Jebel. The proposed residential development is approximately 79.28 acres subdivided into thirteen lots. See the enclosed Vicinity Map for the site location. OFF-SITE BASINS The only major drainage basin near this project which has an established 100 -year floodplain is the Roaring Fork River. The Roaring Fork river flows toward the northwest on the southwesterly side of the project. However, the Roaring Fork River is not adjacent to the project. The Roaring Fork River's floodplain is shown on the FIRM map, (Community #080205, Panel #1880B, January 3, 1986). According to this study, none of the site is within the 100 -year floodplain for the Roaring Fork River. A copy of the pertinent portion of the floodplain map is included in this report. The nearest off-site basin is present to the north of the proposed project. This basin flows through the northwest corner of the property. However, this drainage will not affect any of the buildable areas on the proposed lots. HYDROLOGY The hydrologic methods for this study are outlined in the Soil Conservation Service publication "Procedures for Determining Peak Flows in Colorado" (1980). Peak on-site flows in this area will be primarily rainfall derived since the whole site is below 8000 feet in elevation. Therefore, the storm drainage system should be adequate to handle on-site spring snowmelt runoff. DRAINAGE PLAN The stormwater runoff from this site will be, in general, unconcentrated sheet flow on the1 x pesos an o s runo rom the road which will be ca . tured b roadside ditches. These- , ditches will route e s ormwater runoff to a proposed retention facility located in the center o the loop at the end of the road. The proposed pond wi retain the runoff from the roar . i e7 year storm. larger storm event wi ram t roug t e ove • un.er t e propose Lroas to or)(9 the existinrg ainage presen on t e wes si e of the property. Runoff from the lots will follow diffuse histtooncdrai age pattern. y 90,1,44 QS 0,4,....ct C lit,. The estimated flows for the 25 year and 100 year events were calculated for the existing" 31-44/t/74( condition and the proposed condition. The increase inff-fir the 25 year storm will be retained in the proposed detention pond. 'The size and calculations for the retenion pon are shown in - . i . - . x. e gene . flow patterns are shown on the Drainage Plan included with this report. Irrigation ditches are present on the property. However, these ditches terminate within the project limits. These ditches will be abandoned on the property and thus, not require any culverts at the road crossings. SUMMARY The Drainage Plan for the Levitt Subdivision includes a variety of drainage improvements, all designed to work together to mitigate the expected impacts on the site. _�!— , A jfi 1;,,1 /i �� 7049'c. 1' \ I (, 29 ; 6 [ulford F ' • 74 R i---- `mil32.i �11 u 11 II / II 16348 3I 6385 • 88 6815 7200 . U • nt til "�✓/ 1f11 i HIGH COUNTRY ENGINEERING, INC. VICINITY MAP FoR LEVITT 923 COOPER AVENUE SUDp1V tstow t u = zoco ' GLENW000 SPRINGS, CO 81601 (303) 945-8676 • FAX (303) 945-2555 Hee.* 95OtQ0.0► 2-13-% // NATIONAL FLOOD INSNNANCE PITMAN ( FIRM FLOOD INSURANCE RATE MAP GARFIELD COUNTY, COLORADO (UNINCORPORATED AREAS) PANEL 1880 OF 1900 (BFL MAP INDEx FOR PANEL{ NOT Pn1NTF01 COMMUNITY -PANEL NUMBER 080205 1880 8 MAP REVISED: JANUARY 3, 1986 Federal Emelyency Mariapmeer Agency KEY TO MAP S00y..r Floud 13ourW0r 100.5eae Flood 0ounfay'" -• - Lane Desienatione I 00, ear Flood Boundary _- -" - 500•Vea Flood boundary - -- Sao r wine thrown Log Wan Ele.auon In Feel•• nae flood Eler.non 1n Feet Where Unilwm Wan. Z0ns•• 111, anon Relcrence 44.01 RM]x Las D BwnJur Rover MM 5,3—*— IEL 9971 •441.5 ••Referenced to the N.1lo11a1 Geodetic V410.1 Dorm ei 1909 EXPLANATION OF ZONE DESIGNATIONS ZONE A EXPLANATION Areas tel 1UOyea Ilod; baea (1004 earamanl ad 0004 wa4 Ncra, not 4s 400.04. SpeeW 51004 Huard .are undated by gyps. 0f M 100 -year a4.0 I10o40,0 when dept. we lusen 1.0 .0d 3.0 fat; de944s ars Morn, of areas of 100- N 41101191m flooding, depths and velocities darn, but no hood ward factors ars detam4.d. 0041 01N(0�u hallow IloOdM{ ulna. J N, I11a and mase (3) feet; base Ibu4 Mationns we allow, t float wad Iowa are 444es14r4. Mea 0l (00 -yea nod; INN Rood elevalsons and n0d4 wad tactors 40wm:r4. of 100 -year se flood 1p 1, ee14 by `1004 AMA 1 „afconstrued.; y� mated INatione and INoC d (.etaet m 4. Areas Moon of 1(0 100 -year i Rood 1.5(000 y{Milod�rcI Je0N, ON 1h subject ar 1)1o0roe whoa 0.5ind 0 aN the : or area st dnMa{a leve Ire Man one ,Fess one: or sena aorttu0 by levees from Ms 4se flood. (Mediated shading/ Are4 of Antonia! flodln{. (No NUJa{I Ana of undetermined. out paadble. flood wa49. ut 100 -year 10411Y(lood wale .11an (wave acr{1ao1nl; base - an411pd hard factors 4144 6 044,4 40.): bale howl alma hors and flood hazard fasten droe a red. Zone C 28 WEB ZONE B HIGH COUNTRY ENGINEERING, INC. FLOoOPCAIN MAP FOR LEVITT 923 COOPER AVENUE SUBON 1$10t.) I I Owe GLENWOOD SPRINGS, CO 81601 )-(C-E 4'l g50(00•01 2-)3-q40 (303) 945-8676 • FAX (303) 945-2555 APPENDIX Job Title / ev1 cel Wdlvislon Job No. OeoO,O/ by yap/ date ck'd by date Subject Del 01 Pond page 1 of Area of alae= 79,28ctc C/f} 'o s 7 ne. oP Co'cen 1r'&i can L --en 3,250 =.10h oc,Ertd coder. ' !% 2docU5 : ype, 8/C' soy s p. 2(D "Procedures Oar 1)e -termini .Prea.r,.7LO on 25 yr = 2, !00yr.=. /Qu not '. 25 yr -0,l5# 102y. r= 0.29" yak. PIa JsColorado 1.0 yak: Fano''= .900 `''r) .Alla a ole perk miease .mtg. 25 = (900 '%n )c '8`4c�(040.X0,15162,1 cfS Fro n1 GcS TP -55 0.25 `. 8 cis 0 1.o = (900 `s"`/n ) '48'/(,40)(0, 29")= . 32,3 c -Fs Q400 =.2! cfs On-Si-I'e ! SOS i_n Er'itire Si -1e) �}rcc avne acs above G;1= 98 -Pc hours ' dr, veways x 3,0oo-1:+Z/I t.s 13 = 000-r+ C i= : r road. 22' wde* 2980' _ .65,570 47 L CNGoy for Iand aped areaS 0►13 Gd -Por /e4+ na-tival '79, Z8 Qc — 3.89 ac k- /3 - (5, 000 4+ =.-15 _y— Com) 3.l..00) ...... (B:2.V0di.5..70)... ((p5)(c125+004.)+..a2.0( .2839 Lo7 T.- 0, 15 hr` - Peak 09..28 .(413S -DO) Runo4-F goo c5"'/n Prfcip1'fc l.u,natF QZs: Qo on - (Sameasabcv e O.I7" -ur 25yr -farm 0,32 ' -dor 100yr �- 'm (90ocs'hoXo. ny )C7'8- /64p)- /1,ocfs (900 'An X0,32 -X 79,z8°``(046) 35,1 c -f Frorn SCS c fs a► s 25c•Fs 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 Job Title f Ulf Job No. � �Oln0, 01 by S�d__ date Z/1 q A41n ck'd by date Subject page of /GH OUNTRY NG/NEER/NG (' frci; get t fired . �fian 5ased o 2 Levefoped Ctsins Basin I is..en-dire S s4e. exQiud,n roadway corridor (fir ecz = `7'-1;.4-7.ckc CN.= WA.. or.mthler .'• 3 41o1o$ '72,Oeac &&J 8 for bus' Ick «° ±. drrti�ol 3c1,000 ft V 0 .90= cpu = CP5 . -For landscaped.. s Cod : oo . + o Z� 1•`f9 ..Cnl=. (WO 2.c + (98K0,.90ac)+ C05,) 1,1-9) C9(0 "79,47 Precipifozlion � z,o" z 0,15 0.29 r 25 yr 5jrt1. /0Qyr oil.: Len ..+h (Iota' Peak -7690 45"`4 . 025 = 74,17/6,40)(0, 15"X9IDO''`41 = 1(0,8 c Q/oa = 044.47/(0410 )CO3 Z9 ")( `1.(00 `3 4 ri :.. Is: roadway . Corr' ea. 204 328 - 81. ae dbr CN= do detcn+iaf on lofs. 642 -Por' ex i5tio v elation . 80 4"92: '42 civ = a 1 ;Dr. 9tra.v r act -Ft .... . Cl i =. (05 . .dor andscaped i s land (03, o6) , rv= (.,)( :• 6)92+ 87 )C +.. . ,301a6 Q.uno- _.0.29' 0,48 25 yr. 1x1 yr '72 Tc. 0,2,3 Mr Elev.= '1032 - 6)930, toz L. -en cl = 2980' 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 /Gil OUN TR NG/NEER/NG Job Title Job No 2,Clc(),0/ bydate Z/»4 /76 ck'd by date Subject Drain (19 2 page 3 of peak_ = 1-7(o0csr"An az6 = (12U° `6"Yi'n)(4 '3 A`4040)( 0'29 CFS 2:7ds Since basil is relea 'no! kl/oul c;Lfe.trhor)) basi'n be re-tainect -ri3r 41-)-€., ye•' .-torrn 0,2-9" 4-sf- q.alac /2 zi35(00 510(403 ac re+en-hon vOluenc required C &attic +han 41-w. ‘./oluine b * 0,29' 4he ainoff -For4he 25 year atarrn TThoii€ePbL -1-11€., retairtion porki will be placed at -the -tap reu_ireci 8 -trace_ volume 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 Quick TR -55 Version: 5.46 S/N: Page 1 TR -55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 02-14-1996 09:22:33 Watershed file: --> C:\HAESTAD\PONDPACK\LEVITTEX.WSD Hydrograph file: --> C:\HAESTAD\PONDPACK\LEVITTEX.HYD LEVITT SUBDIVISION - EXISTING CONDITION »» Input Parameters Used to Compute Hydrograph «« Subarea AREA CN Tc * Tt Precip. I Runoff Ia/p Description (acres) (hrs) (hrs) (in) I (in) input/used SITE 79.28 66.0 0.20 0.00 2.00 I 0.15 .52 .50 * Travel time from subarea outfall to composite watershed outfall point. Total area = 79.28 acres or 0.12387 sq.mi Peak discharge = 7 cfs »» Computer Modifications of Input Parameters ««< Input Values Rounded Values Ia/p Subarea Tc * Tt Tc * Tt Interpolated Ia/p Description (hr) (hr) (hr) (hr) (Yes/No) Messages SITE 0.15 0.00 0.20 0.00 No Computed Ia/p > .5 * Travel time from subarea outfall to composite watershed outfall point. SCS TR 55 was Usk -Por Cornpari6on purposes. „ r�/roceadi r s -Por Deem/2g :cloc(b10�Colorado prcvA ed oxice conserves \'e peak -P1olA s4 de -Lenton/ tenfion Uolumes. Quick TR -55 Version: 5.46 S/N: Page 1 TR -55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 02-14-1996 09:22:22 Watershed file: --> C:\HAESTAD\PONDPACK\LEVITT .WSD Hydrograph file: --> C:\HAESTAD\PONDPACK\LEVITT .HYD LEVITT SUBDIVISION - PROPOSED CONDITION »» Input Parameters Used to Compute Hydrograph «« Subarea AREA CN Tc * Tt Precip. 1 Runoff Ia/p Description (acres) (hrs) (hrs) (in) 1 (in) input/used SITE 79.28 67.0 0.20 0.00 2.00 1 0.17 .49 .50 * Travel time from subarea outfall to composite watershed outfall point. Total area = 79.28 acres or 0.12387 sq.mi Peak discharge = 8 cfs »» Computer Modifications of Input Parameters ««< Input Values Rounded Values is/p Subarea Tc * Tt Tc * Tt Interpolated Ia/p Description (hr) (hr) (hr) (hr) (Yes/No) Messages SITE 0.15 0.00 0.20 0.00 No * Travel time from subarea outfall to composite watershed outfall point. P0ND-2 Version: 5.17 S/N: »»> OUTFLOW HYDROGRAPH ESTIMATOR ««< Inflow Hydrograph: LEVITT .HYD ()peak = 8.0 cfs Estimated Outflow: ESTIMATE.EST ()peak = 7.0 cfs Approximate Storage Volume (computed from t= 12.10 to 12.30 hrs) 0.03acre-ft 1(a50- - c1e- n-fi'on ‘/oJ fr POND -2 Version: 5.17 S/N: Plotted: 02-14-1996 Flow (cfs) 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 1 1 1 I 1 I 1 1 I I 1- 11.4 - 11.5 - 11.6 - 11.7 - 11.8 - 11.9 - ---12.0 - 12.1 - 12.2 - 12.3 - 12.4 - 12.5 - 12.6 - 12.7 - 12.8 - 12.9 - 13.0 - 13.1 - 13.2 - 13.3 - 13.4 - 13.5 - TIME (hrs) * * * S * File: LEVITT .HYD Qmax = 8.0 cfs x File: ESTIMATE.EST Qmax = 7.0 cfs S 5 O • WATER SUPPLY INFORMATION P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 /N<\ ZANCANELLA AND /.ASSOCIA TES, INC. ENGINEERING CONSULTANTS February 13, 1996 Mr. Mark Bean Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 81601 Dear Mark: (970) 945-5700 (970) 945-1253 Fax Tom Levitt has retained the services of Zancanella and Associates, Inc. to drill and test the water supply for (he proposed Levitt Subdivision. The test drilling program is scheduled to commence on Wednesday, February 14, 1996. In addition, we will be performing a 24 hour pump test and collecting water samples for quality analysis at an independent laboratory. Water quality tests will be performed based on Colorado Department Health community water supply requirements. Enclosed is a draft application for a Basalt Water Conservancy District contract. Also included is our estimates of the water requirement to support the development of an augmentation plan to provide a "legal" water supply to the Levitt Subdivision. We anticipate receiving approval from the Basalt Board for the water contract prior to the B.O.C. hearing with regard to the Levitt Subdivision in March. The Levitt Subdivision, is proposed to be located on Missouri Heights east of El Jebel, Colorado. The Levitt Subdivision wilt include 13 s_nic le family residences and a guest or caretaker house with 3,000 ft2 of lawn and gardens. The Subdivision is located within area A of -(he BasaltrisThict and wilfb—e-eligible for the Basalt District temporary exchange plan approved by Garfield County an• e o •ra•o Revision o ►►a er esources, un it such time as the augmenftion-p1 Trmoves roug We have estimated that these 13 sin le famil residences and caretaker units will eac• se occupied by 3.5 people using 100 gallons of water •er .erson per day. Water will be diverted to irnga e up o , awn at eac residence. We have also me u ed 12 livestock units in the water service plan and up to '/z acre of irrigated open space. Table 1 presents the diversions and consumptive use for the Levitt Subdivision. As can be seen from Table 1 the subdivision will divert on the average 16.57 AF or 10.27 gpm and consumptively use 6.03 AF or 3.739 gpm. The peak month of July would require a continuous diversion of 17.4 gpm. If you have any questions, please calf our Glenwood Springs office at 945-5700. Very truly yours, Zancanella and Associates, Inc. -_i 6101 0. R zv,pilcj Thomas A. Zancanella, P.E. President cc: Tom Levitt Ron Liston TAZlmaz/95231.garcoitr ZANCANELLA & ASSOCIATES LEVITT SUBDIVISION DATE: 2/24/95 Diversion Domestic Commercial Lawn Open Space In-house or Other Irrigation Irrigation (1) (2) (3) (4) January 0.87 0.00 0.00 0.00 Febuary 0.78 0.00 0.00 0.00 March 0.87 0.00 0.00 0.00 April 0.84 0.00 0.09 0.02 May 0.87 0.00 0.92 0.26 June 0.84 0.00 1.19 0.33 July 0.87 0.00 1.11 0.31 August 0.87 0.00 0.71 0.20 September 0.84 0.00 0.61 0.17 October 0.87 0.00 0.17 0.05 November 0.84 0.00 0.00 December 0.87 0.00 0.00 0.00 Annual 10.23 0.00 4.80 1.34 (1)#ofEQR's # persons/residence # gallons/person/day (2) # of EQR's (3) Sq. Ft of Lawn Irrigation/Unit Total Lawn Application (ac) (4) Acres of Irrigated Open Space Open Space Application (af/ac) (5) # of livestock units in subdivision gallons per unit per day TABLE 1 (values in acre feet) Domestic Commercial Livestock TOTAL In-house or Other Consumptive Use Lawn Open Space Irrigation Irrigation Livestock TOTAL (5) (6) (7) (8) (9) (10) (11) (12) 0.017 0.89 0.131 0.00 0.00 0.00 0.017 0.15 0.015 0.80 0.117 0.00 0.00 0.00 0.015 0.13 0.017 0.89 0.131 0.00 0.00 0.00 0.017 0.15 0.017 0.97 0.126 0.00 0.06 0.02 0.017 0.22 0.017 2.07 0.131 0.00 0.6.4 0.18 0.017 0.97 0.017 2.38 0.126 0.00 0.83 C.23 0.017 1.20 0.017 2.31 0.131 0.00 0.78 0.22 0.017 1.15 0.017 1.80 0.131 0.00 0.50 0.14 0.017 0.79 0.017 1.64 0.126 0.00 0.42 0.12 0.017 0.68 0.017 1.11 0.131 0.00 0.12 0.03 0.017 0.30 0.017 0.86 0.126 0.00 0.00 0.00 0.017 0.14 0.017 0.89 0.131 0.00 0.00 0.00 0.017 0.15 0.20 16.57 1.535 0.00 3.35 0.94 0.20 6.03 26.00 3.50 (7) % CU for Domestic 100.00 0.00 (8) % CU for Commercial (9) % Lawn Irrigation Efficiency 3000.00 Annual Irrigation CU (af/ac) 1.79 Elevation (ft) 15.00 0.00 70.00 1.87 7000.00 0.50 (10) % Open Space Irrigation Efficiency 70.00 2.67 Annual Irrigation CU (af/ac) 1.87 Elevation (ft) 7000.00 12.00 15.00 (11) % CU for Iiverstock 100.00 MINION HYDROLOGIC 61006 Jay Jay Road Montrose, CO 81401 (303) 240.8078 29 March 1995 Mr. Tom Levitt P.O. Box 414740 Kansas City, MO 64141 Re: Missouri Heights Property Dear Tom: At your request, Minion Hydrologic has performed a preliminary analysis of the ground water potential for the Missouri Heights property, located northwest of El Jebel, Colorado. The analysis included review of available geologic maps of the area, review of State Engineer's Office (SEO) well data in the vicinity, conversations with a local driller, and a field reconnaissance of the property. This letter report summarizes the results of the preliminary study. LOCATION The Levitt property on Missouri Heights consists of 3 parcels, Tom Levitt Parcels 1 and 2 and the Molly Levitt Parcel, located in the SW; Section 28 and the SE; Section 29 of Township 7 South, Range 87 West, 6th P.M., in Garfield County, Colorado. Tom Levitt Parcels 1 and 2 consist of 36.4± acres and 37.85± acres respectively, based P Y. on data shown on the Scarrow and Walker Survey dated 7 April 1994. The Molly Levitt Parcel consists of approximately 36 acres. The location of the Approximate 110 acres property is shown on attached figure 1. SITE GEOLOGY Review of the U.S. Geological Survey Map C -97-A, "Geologic Map and Cross Sections of the Carbondale 30' x 60' Quadrangle, West -Central Colorado" and the Colorado Geological Survey Environmental Geology No. 8, "Roaring Fork and Crystal Valleys - An Environmental and Engineering Geology Study" indicates the local geology consists of surficial deposits of basalt in the north and east portions of the property and the Eagle Valley Evaporite Formation at the southern boundary of the property. The Eagle Valley Evaporates are exposed Mr. Tom Levitt Missouri Heights 29 March 1995 page 2 along the steep hillside located along the southern boundary of the property. The basalt deposits on the remainder of the property are underlain at some depth by the Eagle Valley Evaporite Formation. There are no mapped faults on, or adjacent to, the property. The mapped geologic features of the property were confirmed during the field reconnaissance of the site performed on 24 April 1994. The basalt deposit in the area consists of dense black resistant alkali basalt in lava -flow layers 5 to 200+ feet thick. Locally, the basalt may also contain interbedded tuffs and volcanic conglomerates. The Eagle Valley Evaporite Formation consists of interbedded gypsum and dark gray shale, with varying amounts of sandstone, siltstone and salts. The Formation is characterized by a yellowish -brown -gray weathered surface and a chaotic internal stratigraphic structure. The Eagle Valley Evaporites have a strong susceptibility to erosion an u ion. HYDROGEOLOGY The formations usually low to moderate field •round - a•uifers. Water yie ing capacities of the formations will vary, dependent upon fracture permeability and the extent of cementing within the fractures. Because these aquifers are dependent on fractures for permeability and porosity, eir •rogeo ogic c arac eris ics ar se n water movemen in s dependent upon the amount of localized fractures, and t e • - • = of resent on the Levitt Missou •• 0 ert e c. e ractures. otential for obtaining adequate •round water supplies for the o .d'acent wel ata in he Levitt pro rea. Fortunately, there have been several wells dri e• vicinity nity of the Levitt property. The locations of a portion of the wells (current through 30 March 1994) are shown on figure 1. Pertinent data for specific wells are shown in attached Appendix A. Well data shown in Appendix A was obtained by review of SEO records for Sections 28 and 29, Township 7 South, Range 87 West, 6th P.M., and drilling logs as supplied by Shelton Drilling Company. Review of the existing well data (Append'. A indicates the wells fh and northea o e evitt property are comp - • o e Basaltjvolcanics, excepting permit 172157 (SE4, N Rection 29) which also is completed in a brown sandstone layer loca eclTnar • ... - Mr. Tom Levitt Missouri Heights 29 March 1995 page 3 situated immediately below the bottom of the Basalt deposit. Wells located east of the Levitt property (S2i SE; Section 28) are completed in the lower portion of the volcanics and the underlying brown/tan sandstone layer, or exclusively in the brown/tan sandstone layer. Review of the well completion data for wells located east of the Levitt property indicates there have been severa ry ho es ri e. in is area (SZ, SE4 Section 28 The geologic logs for the adjacent wells indicate the upper portion of the Eagle Valley Evaporite Formation in the vicinity of the Levitt property consists of a brown/tan sandstone layer. Discussion with Shelton Drilling Company suggests this sandstone layer is capable of supplying low to moderate well yields. The sandstone layer appears to be underlain by a black shale deposit, which evidently does not yield significant ground water. Preliminary elevation estimates for the base of the Basalt deposit shows a range from 6,850 feet (Permit 25703) to 7.020 feet (Permit 43305-F). The average elevation of the Basalt deposit north and northeast of the Levitt property averages approximately 40 feet lower, an 71+- eet thicker t -- _= - la er n the area east of the Levitt property (S?, SE; Section 28). Based on the adjacent well data, it appears the best potential for encountering the thickest Basalt deposit on the Levitt property is near the north boundary of the property. The optimum well location on the Molly Levitt parcel would be high in the northeast corner of ocation for om Levitt Parcel 1 (middle oundary o e • ecrease •otential well the par parcel) should be a onq e center of the _north interference with the wells on Molly's Parcel and Tom e - - 2. , The well on Tom Levitt Parcel 2 should robably be located along the north boundary o t.- •arcel a. ain ne. the -c-enter of t P ns.r h_ boundary to decrease_oten ptial w- 1 interference an• o stay a distance west of the east portion of the property. Review of the adjacent well data indicates low to moderate well yields in the vicinity of the Levitt property. Well yields, and the percentage of successful wells, tend to increase in dj,rection away from the property. Review of the adjacent well Iogs indicates the Basal€ 3eposit is thicker north of the property. East of the Levitt property, in the SE; of Section 28, there are several low to moderate producing wells. There have also been several dry holes drilled in the SE; of Section 28. nor • • 11•. Mr. Tom Levitt Missouri Heights 29 March 1995 page 4 The ground water potential for the Basalt deposit, and the underlying brown/tan sandstone upper unit of the Eagle Valley Evaporites, appears to be moderate, based on the existing well data. The well yields, as shown in Appendix A, are based on drilling logs and not Ionqerm pumping/recovery tests. The actual well yields could be substantially lower than the yields shownin Appy A A. Well yields in the area are highly variable due to the variable nature of the formations, and are highly dependent upon the amount of local recharge and fracture permeability. Thus, the potential of Pn oun inch around water in the Basalt de•osit—nd Uhe underlying upper unit of the Eagle to ey Evaporites cannot be t ---._.D. WATER OUALITY water obtain fry asal deposits will generally be of ood water quali'• round water produced from the Eagle Valley Evaporite • ma ion generally cont. a.... a mo •- .te to high concentration of dissolved salts er qualit T •m_welis completed in certain layers of th Evapo ites can be very pone) PERMITTING ISSUES The 3 Levitt parcels are each in excess of 35 acres, thus it would be possible to obtain an exempt domestic well permit for each parcel. Each exempt domestic well permit would "legally" allow for usage in up to 3 single family dwellings, irrigation of up to one acre, and watering of domestic stock. Each well may not physically produce enough ground water for all of the allowable permitted uses, especially the irrigation. If a subdivision is created on one, or more, of the Levitt parcels, it will be necessary to augment the consumptive uses associated with the production well(s). The consumptive use amount would be based on the projected full build -out demands of the subdivision. It is recommended that an augmentation strategy be decided upon With a competent water attorney. In regard to well spacing concerns, an exempt domestic well permit is issued with the assumption of non -injury. Thus, an exempt Mr. Tom Levitt Missouri Heights 29 March 1995 page 5 domestic well does not need to be any specific distance from a prior existing well. However, after drilling and completion of the well a third party could rebut the non -injury assumption if they feel the well is causing injury to their well. A production well used for municipal purposes needs to be at least 600 feet from any prior existing wells, unless a waiver can be obtained from the owner(s) of any well(s) located within 600 feet of the production well. The applicant for a municipal well will need a Water Court approved Plan for Augmentation prior to receiving an approved well permit for the production well. (-1=___. It is possible that owners of wells located a distance greater than 600 feet from a proposed municipal well would file a Statement of Opposition to the proposed Plan for Augmentation. If this occurs, the applicant may need to perform a long-term pumping/monitoring well test to determine if the use of the municipal well will impact any neighboring wells. CONCLUSIONS/RECOMMENDATIONS The following conclusions are based on the hydrogeologic review of the Levitt property to date: 1. The existing well data in the vicinity of the Levitt property indicates the Basalt deposit is generally thicker north and northeast of the Levitt property. The best potential for obtaining an adequate well yield, and-iaTillate water quality, would be to complete a well(s) in the Basalt depos.i -There has been problems with dry holes in the area located immediately east of the Levitt property. - 2. Review of the adjacent well data indicates the optimum location to drill on each Levitt parcel would e near the north boundary in order to o•timize the •otential for completing a well in the Basalt deposits. The well on Mol y's parcel should be drilled in the northeast corner of the parcel, up out of the southwest trending drainage and hillslope. 3. Yie d from - s com.'-.ed in the Basalt deposits and the upper brown tan sandstone nit of the Eagle Valley Evaporites is highly varia• _ - s dependent upon the amount of local Mr. Tom Levitt Missouri Heights 29 March 1995 page 6 recharge and fracture permeability. A potential yield from these Formations caot guaranteed. 4. Ground water produced from a well completed in the Basalt deposits should be of good water quality; ground water produced from a well completed in the Eagle Valley Evaporites may require more extensive treatment. It is recommended that - _ .e drilled,. completed and tested on the Levitt property to "•rove -u•" the ground water potential of the property, both in terms of water quantity and quality. The well needs to be drilled by a licensed water well contractor. If the well is to be used for muni cip _purposes a long-term (48 to 72 hour) pumping test, and adequate recovery test, should be performed to determine the long-term well yield. The appropriate well permitting process can be determined once the desired use of the well is finalized. Tom, if you have any questions please call. Very Truly Yours, MINION HYDROLOGIC 94-05 by DCS 12 p 1 - Wayne E. Goin Hydrogeologist ?7d) 2d 8a7 cps, 4-r Zt�AS�j 72 l� R.(8'7w ° !f 7016 ':% U .'rr. 7009 35279 , ry132035 0 1:24,000 • • x7193 4.351:1 MOLLY'S PARCEL 1440 166099 B 7 1153501 3 i 41/l29F I 1 154555 • C T.15 T.85 mai r Fig _ L. WELL LOCATIONS IDENTIFIED BY PERMIT NUMBER: WELL DATA SHOWN IN ATTACHED APPENDIX A N FIGURE 1 Leon 432 LEVITT — LOCATION MAP OF PROPERTY AND ADJACENT WELLS MINION HYDROLOGIC APPENDIX A - LEVITT = SUMMARY OF ADJACENT WELL LOGS/COMPLETION DATA SUMMARY OF WELL LOGS/COMPLETION DATA (all locations in Township 7 South, Range 87 West, 6th P.M.) Permit 88276 - NE4, NE4 Section 29 (Taverna, Frank) 0-235 feet - basalt SWL = 210 feet Yield = 20 gpm Permit 172157 - SE3, NE; Section 29 (Duell, Caroline) 0-200 feet - volcanics SWL = 170 feet 200-220 feet - brown sandstone Yield = 15 gpm Permit 144591 - SW;, NW; Section 28 (Conway, Granville) 0-220 feet - basalt volcanics SWL = 170 feet Yield = 12 gpm Permit 150588 - SW4j NW; Section 28 (Marshall, Jim) 0-232 feet - basalt volcanics SWL = 180 feet Yield = 15 gpm Permit 170402 - SE4, NW4 Section 28 (Moore, Diana) 0-160 feet - volcanics SWL = 118 feet Yield = 30 gpm Permit 018101 - SW4, NE; Section 28 (Koski, Kip) 0-180 feet - volcanics SWL = 115 feet Yield = 15 gpm Permit 40011-F - SW4j NE; Section 28 (Koski, Kip) 0-170 feet - volcanics SWL = 95 feet Yield = 25 gpm Permit 25703 - SW;, SW; Section 28 (Antonidies, Bill) 0-250 feet - lava boulders SWL = 180 feet Yield = 20 gpm Permit 43088-F 0-240 feet - 240-260 feet - Permit 42766-F 0-120 feet - 125-250 feet - 250-400 feet - - SW;, SE; Section 28 volcanics tan sandstone - Sigh, SE ; Section 28 volcanics tan sandstone black shale Permit 41029-F - SW;, SE4 Section 28 0-145 feet - volcanics 145-235 feet - yellow sandstone 235-275 feet - black shale (Isaac, Russell) SWL = 195 feet Yield = 15 gpm (Isaac, Russell) SWL = dry hole Yield = 0 (Olson, Brian & Terry) SWL = 215 feet Yield = 7.5 gpm Comment: drilled 4 dry holes prior to hitting water in 10 feet zone of soft sandstone (void?) Permit 37593-F - SW;, SE; Section 28 0-150 feet - volcanics 150-210 feet - tan sandstone 210-230 feet - brown sandstone Permit 154555 - SE;, SE; Section 28 0-130 feet - volcanics 130-100 feet - brown sandstone 190-220 feet - black shale Permit 43305-F - SE;, SE; Section 28 0-120 feet - volcanics 120-200 feet - tan sandstone 200-300 feet - black shale (Butler, Margie) SWL = 175 feet Yield = 15 gpm (Wagner, Ed) SWL = 145 feet Yield = 20 gpm (Scheer, Tony) SWL = dry hole Yield = 0 Comment: Drilled a total of 4 dry holes; two to 500 to 400 feet with little or no water in any feet and two hole. NOTES: (1) SWL = static water level (depth to groundwater). (2) Yield shown is as reported on driller's log. TITLE COMMITMENTS WARRANTY DEEDS LEGAL ACCESS INFORMATION Recorded at _% o'clock__..._M. , APR 2 1 1994 Reception No. 46210 QUIT CLAIM DE Recorder. Bnt'oc0899=707 Mid -Valley Land Company, an Arizona corporation, whose address APR 2 11994 is c/o Gerald Hartert, 811 Blake Avenue, Glenwood Springs, ColoradARFIELD 81601 State Doc. Fee County of Garfield for the consideration of , and State of Colorado $ _ ! 17)/ Ten Dollars and other valuable consideration , in hand paid, hereby sell(s) and quit claim(s) to Thomas W. Levitt whose business address is P.O. Box 414740, Kansas City, MO 64141 County of Jackson , and State of Missouri , the following real property in the County of Garfield , and State of Colorado, to wit: All minerals and mineral rights of whatsoever kind or description in, under or that may be produced from the land described in Exhibit A attached hereto and incorporated herein by this reference; and all water, water rights, ditches and ditch rights, whether adjudicated or unadjudicated, tributary or nontributary, surface or underground, which are now or at any time have been appurtenant to or used on or in connection with the land described in said Exhibit A; Including without limitation any minerals, mineral rights, water, water rights, ditches and ditch rights relating to any part of the land described in said Exhibit A which were excepted or reserved by Mid -Valley Land Company in any of the following instruments: Deed recorded as Reception No. 254228 in Book 432, Page 227 of the records of Garfield County, Colorado, Deed recorded as Reception No. 246756 in Book 411, Page 264 of the records of Garfield County, Colorado, Warranty Deed recorded as Reception No. 432043 in Book 824, Page 638 of the records of Garfield County, Colorado; And further including without limitation all those minerals and mineral rights of whatsoever kind or description which are currently referred to on Schedule No. 111382 of the Tax Records of the Garfield County, Colorado Treasurer to the extent such minerals or mineral rights are in, under or may be produced from any part of the land described in said Exhibit A. with all its appurtenances. Signed this day of 19 Mid -Valley Land Company, �2t0.2_C/ Vi2> by Secretary 0/[L President an Arizona corporation STATE OF COLORADO ) ss. County of Garfield ) The foregoing instrument was acknowledged before me this 20th day of April 1994by Walter as Vice President and Carob Smith as Secretary of Mid -Valley Land Company, a corporation. My commission expires,OctcUer-13-, 1995 • ,W.• cmctotV.`�,2.ut i9X 01 'I'M!) WITNESS my hand and official seal. ,:;< 7<-v;� 7� BooK0899 (708 EXHIBIT A A parcel of land situated in the SW1/4 SW1/4 and the NW1/4 SW1/4 of Section 28, and in the SE1/4 SE1/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southeast corner of said Section 29, a Garfield County Surveyor's Brass Cap found in place; then S.89°55'37"W. along the Southerly line of said Section 29, 714.33 feet; then N.51°26'57"E. 980.26 feet to a point on the Easterly line of said Section 29; then N.04°54100"E. 777.70 feet to the South sixteenth corner common to Sections 28 and 29; then N.04°54'00"E. along said Easterly line 17.48 feet to an existing fenceline; then the following four (4) courses along said existing fenceline; 1) S.89°43'21"E. 489.10 feet; 2) N.88°56'31"E. 162.00 feet; 3) S.89°13'29"E. 230.00 feet; 4) N.89°55'31"E. 78.62 feet; then S.03'23'54"W. 1396.62 feet to a point on the Southerly line of Section 28; then S.89°40'17"W. along said line 997.11 feet to the point of beginning; said parcel containing 36.400 acres, more or less. REC.RDEO AT 3'02—O'CLOCK . M. FEB 2 4 1993 REC x 444508 MILDRED ALS00RF, COUNTY CLERK SPECIAL WARRANTY DEED FEE REQUIRED 0 0 z 0 ra 0 J 0 855:,.,.::386 GARFIELD State Doc. Fee FEB 2193 THIS DEED, made this 20 fh day of January, 1993, between THOMAS W. LEVITT, of the County of Johnson, State of Kansas, Grantor, and THE 1993 THOMAS W. LEVITT FAMILY TRUST, whose legal address is John C. Davis, Trustee, c/o Stinson, Mag & Fizzell, P.C., 1201 Walnut, Kansas City, MO 64106, Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and •confirm, unto the Grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: A parcel of land situated in the S W Y. S W X , the N'h SE'/. SW1/4 and the W'/ SW'/. SE'/. of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian, said parcel being more particularly described as follows: Beginning at the Southwest corner of said Section 28, a Garfield County Surveyor's brass cap found in place; thence N. 89°40'17" E. along the Southerly line of Section 28, 997.11 feet to the true point of beginning; thence N. 03°23'54" E. 1377.55 feet to a point on the East-West centerline of the SWY of Section 28; thence S. 89°45'38" E. 374.41 feet to the southwest sixteenth corner of Section 28, a rebar and cap, LS #22580, in place; thence continuing along said centerline S. 89°45'38" E. 1334.38 feet to the South center sixteenth corner of Section 28 (whence a rebar and cap, LS #2376 bears Ni. 37'10'03" E. 1.28 feet); thence S. 89°45'09" E. 105.05 feet to the centerline of a road as constructed and in place; thence continuing along said centerline the following nine (9) courses: 1) S. 01°14'32" E. 280.88 feet; 2) S. 02°01'43" W. 115.18 feet; 3) S. 00°39'22" W. 148.53 feet; 4) S. 01 °44'39" E. 133.99 feet; 5) S. 04°28'45" E. 106.53 feet; 6) 100.07 feet along the arc of a curve to the left, having a radius of 1475.00 feet, a central angle of 03"53'14" (chord bears S. 06°25'22" E. 100.06 feet); 7) S. 08°21'59" E. 67.98 feet; 8) 95.23 feet along the arc of a curve to the right, having a radius of 126.84 feet, a central angle of 43°01'06" (chord bears S. 13°08'34" W. 93.01 feet); 9) S. 38°12'03" W. 18.82 feet; thence S. 89°43'28" W. 30.74 feet; thence Ni. 01°52'46" E., 329.19 feet; thence N. 89°58'09" W. 110.00 feet to a point on the North-South centerline of said Section 28; thence N. 02°06'39" E. along said centerline 49.20 feet to a point on the East-West centerline of the SE'/. SW'/ of Section 28; thence S. 89°57'05" W. along said centerline 1353.02 feet to a point on the North-South centerline of the SW'/. of Section 28; thence S. 03°23'54" W. along said centerline 686.91 feet to the West sixteenth corner common to Sections 28 and 33; thence S. 89°40'17" W. along the Southerly line of Section 28, 374.64 feet to the true point of beginning; said parcel containing 35.204 acres, more or less. Together with a perpetual, non-exclusive easement and right-of-way 60 feet in width for road purposes along the easement described in documents recorded July 26, 1988 as Reception No. 394067 at Book 738, Page 336 and Reception No. 394070 at Book 738, Page 389 in the records of the Garfield County Clerk and Recorder; Reserving unto the Grantor, a perpetual, non-exclusive easement and right-of-way 60 feet in width for road purposes along the easement described in document recorded July 26. 1988, as Reception No. 394070, at Book 738, Page 389 in the records of the Garfield County Clark arid Recorder, and also reserving unto the Grantor a perpetual non-exclusive easement and right-of-way 60 feet in width for road and utility purposes along (1) that portion within the SW'/.SW'/. of Section 28, T. 7 S., R. 87 W. of the 6th P.M. of the easement described in document recorded July 26, 1988 as Reception No. 394065 at Book 738, Page 384 in the records of the Garfield County Clerk and Recorder as such easement was modified by document recorded February 27, 1992, as Reception No. 432044 at Book 824, Page 639 in the records of the Garfield County Clerk and Recorder, and (2) the easement described in document recorded February 27, 1992, as Reception No. 432046 at Book 824, Page 642 in the records of the Garfield County Clerk and Recorder. vox 855 387 also known by street and number as: (vacant land) TOGETHER with all and singular the hereditaments and appurtenances hereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. The Grantor, for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to all easements and rights of way of record or in use; reservations and exceptions contained in United States Patent; and except alt minerals previously reserved or conveyed by documents of record. above. IN WITNESS WHEREOF. the Grantor has executed this deed on the date set forth THOMAS W. LEVITT STATE OF (N!\ ss. COUNTY OF Z -04.4"_,.-.(1)f) ) The foregoing instrument was acknowledged before me this ,(1 t day of January, 1993, by THOMAS W. LEVITT. WITNESS my hand and official se My commission expires: 1.) gO(944 Address,. fl mo (.1 O R l -tQsl NOT RY PUBLIC SANDRA D. BUTTS, Notary Public; Jackson County, Missouri... y Commission Expttuf August 20, 1994. Recorded at _� =� o'clock___ M . , APR? 11994 Reception No. ___462iJu lo7cit_ ITILLJA2.4C QUIT CLAIM DEED RIVX089J?1r.r 709 Recorder.APR 21 1994 GARFIELD State Doc. Fee Mid -Valley Land Company, an Arizona corporation, whose adTt,.e5� is c/o Gerald Hartert, 811 Blake Avenue, Glenwood Springs, Colorado 81601 County of Garfield , and State of Colorado for the consideration of Ten Dollars and other valuable consideration in hand paid, hereby sell(s) and quit claim(s) to The 1993 Thomas W. Levitt Family Trust whose business address is P.O. Box 414740, Kansas City, MO 64141 County of Jackson , and State of ...__ Missouri , the following real property in the County of Garfield , and State of Colorado, to wit: All minerals and mineral rights of whatsoever kind or description in, under or that may be produced from the land described in Exhibit A attached hereto and incorporated herein by this reference; and all water, water rights, ditches and ditch rights, whether adjudicated or unadjudicated, tributary or nontributary, surface or underground, which are now or at any time have been appurtenant to or used on or in connection with the land described in said Exhibit A; Including without limitation any minerals, mineral rights, water, water rights, ditches and ditch rights relating to any part of the land described in said Exhibit A which were excepted or reserved by Mid -Valley Land Company in any of the following instruments: Deed recorded as Reception No. 254228 in Book 432, Page 227 of the records of Garfield County, Colorado, Deed recorded as Reception No. 253436 in Book 429, Page 570 of the records of Garfield County, Colorado, Deed recorded as Reception No. 246756 in Book 411, Page 264 of the records of Garfield County, Colorado; And further including without limitation all those minerals and mineral rights of whatsoever kind or description which are currently referred to on Schedule No. 111382 of the Tax Records of the Garfield County, Colorado Treasurer to the extent such minerals or mineral rights are in, under or may be produced from any part of the land described in said Exhibit A. with all its appurtenances. Signed this 4 -Pe day o %�TTE,ST: ed�) ( Secretary STATE OF COLORADO ) ss. County of Garfield ) , 195. Mid -Valley Land Company, an Arizona corporation The foregoing instrument was acknowledged before me this _alb_ day of April 1994 , by Walter Smith as President and Carol L. Smith as Secretary of Mid -Valley Land Company, a corporation. My commission expires October 13. 1995 WITNESS my hand and official seal. `. • 21 n6.r T7.. i• •, .-.. . _ 804899 PAC.; 710 EXHIBIT A A parcel of land situated in the SW1/4 SW1/4, the N1/2 SE1/4 SW1/4, the W1/2 SW1/4 SE1/4, the NE1/4 SW1/4, and in the NW1/4 SW1/4 of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southwest corner of said Section 28, a Garfield County Surveyor's Brass Cap found in place; then N.89°40'17"E. along the Southerly line of Section 28, 997.11 feet to a rebar & cap in place, LS # 22580, the true point of beginning; then N.03°23'54"E. 1396.62 feet to an existing fenceline; then N.89°56'19"E. along said fenceline 96.34 feet; then S.88°51'41"E. along said fenceline 248.00 feet to the Northwesterly line of an existing 60 foot road easement as described in reception no. 394063 of the Garfield County Records; then S.00°00'00"W. 15.65 feet to the east -west centerline of the SW1/4 of Section 28; then S.89°45'38"E. 28.99 feet to the Southwest sixteenth corner of Section 28, a rebar and aluminum cap in place, LS # 22580; then continuing along said centerline S.89°45'38"E. 1084.38 feet to a rebar & cap in place, LS # 22580,; then N.01°51'54"E. 435.78 feet to a rebar & cap in place, LS # 22580,; then S.89°45'38"E. 250.00 feet to a point on the Easterly line of said NE1/4 SW1/4 of Section 28, a rebar & cap in place, LS # 22580; then S.01°51'54"W. along the North-South centerline of Section 28, 435.78 feet to the South center sixteenth corner of Section 28 (whence a rebar and cap, LS # 2376 bears N.37°10'03"E. 1.28 feet); then S.89°45'09"E. 105.05 feet to the centerline of a road as constructed and in place, also being a rebar & cap in place, LS # 22580; then continuing along said centerline the following nine (9) courses: 1) S.01°14'32"E. 280.88 feet; 2) S.02°01'43"W. 115.18 feet; 3) S.00°39'22"W. 148.53 feet; 4) S.01°44'39"E. 133.99 feet; 5) S.04°28'45"E. 106.53 feet; 6) 100.07 feet along the arc of a curve to the left, having a radius of 1475.00 feet, a central angle of 03°53'14" (chord bears S.06°25'22"E. 100.06 feet); 7) S.08°21'59"E. 67.98 feet; 8) 95.23 feet along the arc of a curve to the right, having a radius of 126.84 feet, a central angle of 43°01'06" (chord bears S.13°08'34"W. 93.01 feet); 9) S.38°12'03"W. 18.82 feet to a rebar & cap in place, LS # 22580; then S.89°43'28"W. 30.74 feet a rebar & cap in place, LS # 22580; then N.01°52'46"E. 329.19 feet to a rebar & cap in place, LS # 22580; then N.89°58'09"W. 110.00 feet to a point on the North-South centerline of said Section 28, a rebar & cap in place, LS # 22580; then N.02°06'39"E. along said centerline 49.20 feet to a point on the East-West centerline of the SE1/4 SW1/4 of Section 28, a rebar & cap in place, LS # 22580; then S.89°57'05"W. along said centerline 1353.02 feet to a point on the North-South centerline of the SW1/4 of Section 28, a rebar & cap in place. LS # 22580; then S.03°23'54"W. along said centerline 686.91 feet to the West sixteenth corner common to Sections 28 and 33, a rebar & aluminum cap in place, LS # 22580; then S.89°40'17"W. along the Southerly line of Section 28, 374.64 feet to the true point of beginning; said parcel containing 37.847 acres, more or less. SCHEDULEA ORDER NO.: 93022279 POLICY NO.: 0-9993-335135 DATE OF POLICY: April 21, 1994 at 1:42 P.M. AMOUNT OF INSURANCE: $ 625.50 1. NAME OF INSURED: THE 1993 THOMAS W. LEVITT FAMILY TRUST 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THE 1993 THOMAS W. LEVITT FAMILY TRUST 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: A Parcel of land situated in the NW1/4 SW1/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Beginning at the southwest corner of said Section 28, a Garfield County Surveyor's Brass Cap found in place; then N. 04 degrees 54'00"E. along the Westerly line of said Section 28, 1389.93 feet to the South Sixteenth corner common to Sections 28 and 29; then S. 89 degrees 45'38" E. along the East-West centerline of the SW1/4 Section 28, 960.03 feet to the True Point of Beginning; then N. 03 degrees 23'54" E. 19.07 feet to an existing fenceline; then N. 89 degrees 56'19" E. along said fenceline 96.34 feet; then S. 88 degrees 51'41" E. along said fenceline 248.00 feet to the Northwesterly line of an existing 60 foot road easement as described in Reception No. 394063 of the Garfield County Records; then S. 00 degrees 00'00" W. 15.65 feet to the East-West centerline of the SW1/4 Section 28; then N. 89 degrees 45'38" W. along said centerline 345.43 feet to the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO (2t jjiJ�cAio AUTHORIZED COUNTERSIGNATURE SCHEDULES POLICY NO.: 0-9993-335136 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. Any and all unpaid taxes and assessments and any unredeemed tax sales. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded July 31, 1979 in Book 532 at Page 204 as Reception No. 296084. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 31, 1979 in Book 532 at Page 204 as Reception No. 296084. 10. Terms and conditions of Affidavit RE: Boundary Line Adjustment recorded December 16, 1993 in Book 886 at Page 346 as Reception No. 456651. SCHEDULEA ORDER NO.: 93022278 POLICY NO.: 0-9993-335136 DATE OF POLICY: May 21, 1994 at 1:40 P.M. AMOUNT OF INSURANCE: $ 1,620.00 1. NAME OF INSURED: THOMAS W. LEVITT 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THOMAS W. LEVITT 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: A Parcel of land situated in the NW1/4SW1/4 of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Beginning at the Southwest corner of said Section 28, a Garfield County Surveyor's Brass Cap found in place; then N. 04 degrees 54'00" E. along the Westerly line of said Section 28, 1389.93 feet to the South Sixteenth corner common to Sections 28 and 29, the True Point of Beginning; then N. 04 degrees 54'00" E. along said Westerly line 17.48 feet to an existing fenceline; then the following four (4) courses along said existing fenceline: 1) S. 89 degrees 43'21" E. 489.10 feet; 2) N. 88 degrees 56'31" E. 162.00 feet; 3) S. 89 degrees 13'29" E. 230.00 feet; 4) N. 89 degrees 55'31" E. 78.62 feet; then S. 03 degrees 23'54" W. 19.07 feet to the East-West centerline of the SW1/4 of Section 28; then N. 89 degrees 45'38" W. along said centerline 960.03 feet to the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO STATE OF COLORADO AUTHORIZED COUNTERSIGNATURE SCHEDULEB POLICY NO.: 0-9993-335135 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. Any and all unpaid taxes and assessments and any unredeemed tax sales. 7 The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded July 31, 1979 in Book 532 at Page 204 as Reception No. 296084. 9. Right of way for ditches or canals constructed by the authority r of the United States, as reserved in United States Patent recorded July 31, 1979 in Book 532 at Page 204 as Reception No. 296084. 10. Easement for raod and utility purposes Passin in instrument recorded July 26, 383 as Reception No. 394064. 11. Terms and conditions of Affidavit RE: recorded December 16, 1993 in Book 886 No. 456652. as granted by Herbert 1988 in Book 738 at page Boundary Line Adjustment at Page 350 as Reception • S C H E D U L E A ORDER NO.: 91019552 C-2 POLICY NO.: 0-9981-81284 DATE OF POLICY: February 27, 1992 at 3:50 P.M. AMOUNT OF INSURANCE: $ 15,500.00 1. NAME OF INSURED: THOMAS W. LEVITT 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THOMAS W. LEVITT 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: A parcel of land situated in the SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap found in place; thence S. 89 degrees 55' 37" W. along the Southerly line of said Section 29, 714.33 feet; thence N. 51 degrees 29' 00" E. 980.82 feet to a point on the Easterly line of said Section 29; thence S. 04 degrees 58' 32" W. 612.19 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO -----:4;;I: AUTHORIZED COUNTERSIGNATURE • S C H E D U L E B POLICY NO.: 0-9981-81284 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. Taxes for the year 1992, a lien not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 28, 1917 in Book 92 at Page 363 as Reception No. 56821. EXCEPTION NUMBERED 4 IS HEREBY OMITTED Sanctity of Contract STEWART TITLE OF GLENWOOD SPRINGS May 13, 1992 Thomas W. Levitt 3504 W 71st. Street Shawnee Misson, KS. 66208 Tom, Enclosed are the endorsements for policies as we talked about by phone earlier this week. Please attached them to your policies. 801 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81602 (303) 945-5434 FAX: (303) 945-7081 ENDORSEMENT TO TITLE POLICY ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY. DATE: May 13, 1992 ORDER NUMBER: 91019552 C-2 SERIAL NUMBER: 0-9981-81284 BUYER/BORROWER: LEVITT, Thomas LEGAL: A PARCEL IN SE1/4SE1/4, SEC. 29, TP 7S, R 87W SCHEDULE A - ITEM NO. 4 (LEGAL DESCRIPTION) IS HEREBY CORRECTED TO READ AS FOLLOWS: "SEE ATTACHED" This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Carloss Morris Stewart Morris Chairman President Countersigned: By: AUTHORIZED COU ERSIGNATURE SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 91019552 C-2 A parcel of land situated in the SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap found in place; thence S. 89 degrees 55' 37" W. along the Southerly line of said Section 29, 714.33 feet; thence N. 51 degrees 26' 57" E. 980.26 feet to a point on the Easterly line of said Section 29; thence S. 04 degrees 54' 00" W. 612.23 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO SCHEDULER ORDER NO.: 91019553 C-2 POLICY NO.: 0-9981-81283 DATE OF POLICY: February 27, 1992 at 3:54 P.M. AMOUNT OF INSURANCE: $ 159,500.00 1. NAME OF INSURED: MOLLY G. LEVITT 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: MOLLY G. LEVITT 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. Section 29: SE1/4SE1/4 EXCEPTING THEREFROM: A parcel of land situated in the SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap found in place; thence s. 89 degrees 55' 37" W. along the Southerly line of said Section 29 714.33 feet; thence N. 51 degrees 29' 00" E. 980.82 feet to a point on the Easterly line of said Section 29; thence S. 04 degrees 58' 32" W. 612.19 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH a perpetual, non-exclusive easement for /) Continued on next page AUTHORIZED COUNTERSIGNATURE ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO. 0-9981-81283 CONTINUATION OF SCHEDULE A LEGAL DESCRIPTION CONTINUED: road way purposes as set forth in Deed recorded February 27, 1992, in Book 824 at Page 641 as Reception No. 432045 and in Book 824 at Page 642 as Reception No. 432046. SCHEDULEB POLICY NO.: 0-9981-81283 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. Taxes for the year 1992, a lien not yet due and payable. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 28, 1917 in Book 92 at Page 363 as Reception No. 56821. EXCEPTION NUMBERED 4 IS HEREBY OMITTED. Sanctify of Contract STEWART TITLE OF GLENWOO!) SPRINGS May 13, 1992 Thomas W. Levitt 3504 W 71st. Street Shawnee Misson, KS. 66208 Tom, Enclosed are the endorsements for policies as we talked about by phone earlier this week. Please attached them to your policies. 801 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81602 (303) 945-5434 FAX: (303) 945-7081 ORSEMENT TO TITLE POLICY 'r ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY. DATE: May 13, 1992 ORDER NUMBER: 91019553 C-2 SERIAL NUMBER: 0-9981-81283 BUYER/BORROWER: LEVITT, Molly LEGAL: A TR. IN SE1/4SE1/4, SEC. 29, TP.7S, R 87W SCHEDULE A - ITEM NO. 4 (LEGAL DESCRIPTION) IS HEREBY CORRECTED TO READ AS FOLLOWS: "SEE ATTACHED" This endorsement is made a part of said policy and is subject to the • schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Carloss Morris Stewart Morris Chairman President Countersigned: By: AUTHORIZED UNTERSIGNATURE i• SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 91019553 C-2 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. Section 29: SE1/4SE1/4 EXCEPTING THEREFROM: A parcel of land situated in the SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado; said parcel being more particularly described as follows: Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap found in place; thence s. 89 degrees 55' 37" W. along the Southerly line of said Section 29 714.33 feet; thence N. 51 degrees 26' 57" E. 980.26 feet to a point on the Easterly line of said Section 29; thence S. 04 degrees 54' 00" W. 612.23 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH a perpetual, non-exclusive easement for road way purposes as set forth in Deed recorded February 27, 1992, in Book 824 at Page 641 as Reception No. 432045 and in Book 824 at Page 642 as Reception No. 432046. ALTA OWNER'§ POLICY RLH/RM SCHEDULE A Order No.: 15475-G Policy No.: 0-9941-37559 Date of Policy: August 24 , 1988 At 2:40 P . M. Amount of Insurance: S 72,000.00 1. Name of Insured: THOMAS W. LEVITT 2. The estate or interest In the land which is covered by this policy is: k'r:r; SIMPLE 3. Title to the estate or Interest in the land is vested In: THOMAS W. LEVITT 4. The land referred to in this policy is described as follows: CODE 0012 (Rev. 5157) TOWNSHIP 7 SOUTH, RANGE 87 WEST 6TH P.M. SECTION 28: SIANSTAMf TOGETHER WITH a perpetual, non-exclusive easement and right-of-way 60 feet in width for road purposes as set forth on easement deed recorded July 26, 1988 in Book 738 at Page 389 as Reception No. 394070. COUNTY OF GARFIELD STATE OF COLORADO AUTHORIZED COU RSIGNATURE Paae 2 STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY ORDER NO.: 15475-G • SCHEDULE B Policy No.: 0-9941-37559 This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a Tien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments and any unredeemed tax sales. 1 61 3 (Rev 6 87) 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 28, 1917 in Book 92 at Page 363 as Reception No. 56821. 8. All minerals as reserved by Mid -Valley Land Company in the Deed to Andrew Warhol recorded June 23, 1972 in Book 432 at Page 227 as Reception No. 254228. 9. Easements for roads and utilities leading the the SESE3% of Section 29, T. 7 S., R. 87 West as set forth in Deed recorded June 23, 1972 in Book 432 at Page 227 as Reception No. 254228. 10. A perpetual, non-exclusive easement and right of way )0 feet in width for road and utility puposes as set forth on Easement Deed recorded July 26, 1988 in Book 738 at Page 384 as Reception No. 394065. Page 3 ffE\VA12'F TI'T'LE f3 (J A R A N T Y ,' ,, M 1' A N Y ENDORSEMENT TO TITLE POLICY ISSUED -BY STEWART TITLE,GUARANTY COMPANY, HEREIN CALLED THE COMPANY. DATE: April 24, 1992 ORDER NUMBER: 15475-G SERIAL NUMBER: 0-9941-37559 BUYER/BORROWER: LEVITT LEGAL: SW1/4SW1/4, SEC. 28, TP.7S, RG. 87W SCHEDULE B - (EXCEPTIONS) THE FOLLOWING ITEM NO. IS HEREBY DELETED: ITEM NO. 9 This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Carloss Morris Stewart Morris Chairman President Countersigned: By: r AUTHORIZED COUN IGNATURE ACCESS AND MAINTENANCE AGREEMENTS 7 oC 187 7R7 g -cit t 1'-385 ()1 / 1 H !`try (13. 1 1 i' PG 1 OF 13 kl-(- T7x 'J(TT "11: I>F2t t) NI SPOUT GAR!' 1i:lP (T.74 NT) Cinth ANI) RECOR SFR f . rI'' MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made this 16th day of January, 1996. by and between PEAK DEVELOPMENT, INC. (hereinafter Peak) and THE 1993 THOMAS W. LEVITY FAMILY TRUST, THOMAS W. LEVITT and MOLLY G. LEVITT (hereinafter referred to collectively as Levitt or by their individual names). REC:ITA1 S i . Peak is the owner of that certain parcel of real property located in Garfield County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter the Peak Prope-ty). 2 The 1993 Thomas W. Levitt Family Trust is the owner of that certain parcel of real property located in Garfield County. Cok ado, and identified and described on Exhibit 13 attached hereto and incorporated herein by this reference as the Levitt Trust Property. Thomas W. Levitt is the owner of that certain parcel of real property located in Garfield County . Colorado. and identified a,id described on Exhibit B as the Thomas W. Levitt Property. Molly G Levitt is the owner of that c -rtain parcel of real property located in Garfield County, Colorado. and identified d described on Exhibit B as the Molly G Levitt Property. Hereinafter, the properties described on Exhibit 13 are r •ferred to coilectively as the Levitt Properties, or, individually as the Trust Property. the Tom Levitt P roperty, or the Molly G. Levitt Property. 3. The parties hereto are parties to a certain Agreement dated June 28, 1995, as amended by letter agreement of even date herewith (hereinafter collectively referred to as the "Agreement") v hich addres .ed a number of issues, including the sharing of future maintenance costs of roads which a -e used jointly by the parties for access to their respective properties as the same now exist or may be subdivided or reconfigured by boundary line adjustments in the future. 4. The parties agree that all provisions of the Agreement which required performance prior to the date hereof have been satisfied. The purposes of this Memorandum of Agreement are to restate the provisions of the Agreement which require performance in the future and to thereafter record this Memorandum of Agreement so that the provisions of the Agreement are a covenant pinning with the land binding and enforceable upon the' parties hereto and their successors in interest • its the lands described herein. NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants contained herein, the parties hereto agree as follows 1 Road Maintenance Costs (a) Wind River Road. The parties agree that the cost of repair and maintenance. including. without limitation. snow removal, of Wind River Road from its intersection with Harmony Lane to and including its intersection with Whitecloud Road (hameinafter created lo"Wind River ts that are allowed")shall o use he borne by the parties in proportion to the number of legal ly Wind River Road for access Return to: IzwrenceR Gree, Delaney a. l3rlecxnb• P.C. P 0.Doom 790 Glenwood Springs, CO 81602 487787' 13-94 P -301C 111/1A/IC 03:11P PG 2 OF 13 (b) Method of Payment of Road Maintenance Costs. The obligation to pay the proportionate share of repair and maintenance of Wind River Road shall be satisfied and enforced as follows: The parties agree that such obligation shall be the obligation of the parties hereto for so long as their respective properties remain unsubdivided. Upon the subdivision (or subdivision exemption) of any of the properties, the obligation to pay road maintenance shall become the responsibility of the homeowners' association which shall be created for such subdivision (or subdivision exemption.). The obligation to pay a proportionate share of road maintenance as set forth in the Agreement shall be stated as a plat note on the plat for Pinion Grove Exemption and on the plat of any subdivision or subdivision exemption created out of any of the Levitt Properties. Such plat note shall provide that each such homeowners' association shall be responsible to pay the total amount of the obligation for all lots whose owners are members of that association. Thereafter, each such homeowners association shall assess each lot whose owners are members of such association such lot's allocated share. The failure by any lot owner to pay the allocated share for such lot shall give the homeowners' association in which such lot owner is a member the tight to record and enforce a lien against any such defaulting lot in order to recover any sum not paid by such lot. It is recognized and agreed that each such homeowners' association shall only have authority to record and enforce a lien against a property whose owner is a member of such association, so that, for example. the failure to pay a share allocated to a lot whose owner is a member of a homeowners' association for any lot(s) which may be created from the Thomas % Levitt Property would not give any entity the authority to record a lien on The 1993 Thomas W. Levitt Family Trust Property or any lot(s) which may have been created therefrom (c) Whitecicud Road. The parties agr;:' that the cost of repair and maintenance of Whitecloud Road shall be borne entirely by the Levitt Properties, unless the owner of Lot 1, Pinion, Grove Exemption elects to utilize Whitecloud Road as access to his residence as. authorized' in ;,paragraph 3(a) hereof. In that event. Lot 1 of the Pinion Grove Exemption shall be.responsible'to Any a proportionate share of the cost of repair and maintenance; including snow removal, of Whitecloud Road, calculated as follows First. the total number of legally created lots with the ability to utilize Whitecloud Road a+s . access will be determined. Lot 1 of the Pinion Grove Exemption shall only be responsible for a fraction of the cost attributable to one lot's share of the total cost, with the numerator of such fraction being the actual number of feet along Whitecloud Road from Whitecloud Road/Wind River Road intersection to the Lot 1 driveway, and the denominator being the total number of feet from the said intersection to the Peak/Levitt Trust Property line, as it now exists. For example. if there are 15 total lots. including Lot 1 of Pinion Grove Exemption, able to utilize Whitecloud Road as access, and the owner of Lot 1 uses 200 feet of Whitecloud Road to get to his driveway, and the total length of Whitecloud Road from its intersection with Wind River Road to the Peak/Levitt Trust Property boundary is 800 feet; the owner of Lot 1 would be responsible to pay -2- 187787 13-964 P -3R7 0,/18/96 03:11P Rt 3 Of 13 25% of 1/15th of the cost of repairs and maintenance. including snow removal, of Whitecloud Road from its intersection with Wind River Road to the Peak/Levitt Trust Property Line. The obligation of Lot 1 to pay its appropriate share of such cost shall be enforceaNe through the homeowners' association for the Pinion Grove Exemption in the same manner as provided in paragraph 1(b) hereinabove. (d) Right to Remove Levitt Trust Property From Road Maintenance Obligations. After its construction, Whitecloud Road will extend onto the Levitt Trust Property, thus providing access to the Levitt Trust Property. In the event that the Levitt Trust Property is subdivided, it is possible that some of the lots to be created from the Levitt Trust Property will not be physically accessible from Whitecloud Road. In such event, the owner of the Levitt Trust Property shall have the right, only for those lots which may be created from the Levitt Trust Property ( as the same now exists or as it may be reconfigured by bo►.rrdary line adjustment) which do not have access to or from Whitecloud Road. to formally abandon or otherwise forego all rights to the use and enjoyment of Whitecloud Road and the easement therefor. Such abandonment may be accomplished by the owner(s) of such lot(s) delivering and recording a quitclaim deed conveying to the beneficiaries and users of Whitecloud Road all of such owners' right, title and interest.in and to Whitecloud Road and the easement therefor. From and after the recording of such deed(s), those lots within the Levitt . T mist Property so conveying their interest in Whitecloud Road and the easement therefor shall be free of any cost or other responsibility whatsoever associated with the repair. maintenance, :or use of • ' :Whitecloud Road, and the easement therefor and this Agreement shall be of no fwrthet forge imd: effect with respect to such lot(s). it is expressly understood that under this patagtaEsh there will always be at least one parcel of the Levitt Trust Property (that parcel on which is physically located the extension of Whitecloud Road) which may not abandon its right to use Whitecloud Road and will 'therefore be responsible for a proportionate share of the repair and maintenance costs associated with .the entire length of Whitecloud Road. 2. Additional Agreement of Peak. Peak, on behalf of itself, its officers, directors and shareholders, agrees that it shall not in any way object to any proposed subdivision of any of the Levitt Properties so long as the proposed subdi .+ision of such Properties is generally consistent with the approved Pinion Grove Exemption. For purposes of this paragraph. any subdivision of the Tom Levitt Property and/or the Molly G. Levitt Property which proposes no more than fifteen (15) lots on both such Properties, or any subdivision of the Levitt Tnt Property which proposes no more than eight (8) lots on such Property, with no lot on any of the Levitt Properties being less than four (4) acres in size. shall be deemed generally consistent with the Pinion Grove Exemption. 3. Additional Agreements of Levitt. (al Levitt shall allow the owner of Lot 1 of Pinion Grove Exemption to utilize Whitecloud Road as access to any residence to be constructed on said Lot 1, and to constnict no more than one (1) driveway from said Whitecloud Road, provided. however. that said driveway and the intersection thereof with Whitecloud Road shall be constructed with appropriate drainage and safety featuresin the event that the owner of Lot 1 elects to utilize Whitecloud Road as his access .14111 487787 P-904 P-388 388 f11/1fs/9r 03:11P PG 4 CF 1 in accordance with this paragraph, then such owner shall be obliveated to pay a proport;onate share of the cost of maintenance and repair thereof in accordance with paragraph 1(c) hereinabove. (b) Levitt agrees that he shall not publicly market or advertise for sale any individual lot(s) which may be created by the subdivision or subdivision exemption of any of th- Levitt Properties until the earlier of May 1, 19% of the sale by Peak of the four Tots contained within the Finn-Gsogie uhdwtiion. r. `� rl 1 AJ :'- ri , i t . 4. Recording. This Memorandum of Agreement shall be record in the records of G•rfie;., County, Colorado and from and after the date hr-eof shall constitute a covenant running with the lands of the parties hereto as set forth herein and shall bind and be enforceable in accordance with its terms upon the parties hereto and their successors in interest in the lands described herein. IN WITNESS 'WHEREOF, the parties hereto have executed this Memorandum of Agreement as of the day and year first above written PEAK DEVELOPMENT, INC. Title THE 1993 THOMAS W. LEVITT FAMILY TRUST By Thomas W. Levitt: Trustee. John C. Davis, Trustee / THOMAS W. LEVITT k-.J•.,I,�-•. -4- MOLLY G. LE''VITT • 4P7787 K-9 4 1'-3R9 01/1k/9P 0:1•10' P i 5 Si- ATE or coLoRAI)O 01 13 • 0%'NTY OF PITKIN ) )ss The above and foregoing was acknowledged before me this ; qday of January, 1996, by i -,,-td as �. t.4td • 1 f of PEAK DEVELOPMENT, INC WITNESS my hand and official seal t C • / ` [- f �, NOTARY PUBLIC • My commission exi exp Address: _ STATE OF e18 Cdorado Avrr._: Glenwood Springs, C..: My Commission aspires I.'. , 1D98 C()I.INTY OF ) ss The abo+&e and foregoing was ar.iiowledged before me this / / day of January, 1996, by JOHN C DAVIS as Trustee of THE 1993 THOMAS/M. LEVITT FAMILY TRUST, WITNESS my hand and official seal./ / a 1 M* commission expires. At.dress: NOTARY CAROL. RAWSRI Notary Public -Notary Seel STATS OF MISSOURI Jacbris Coesty My Comet:dos aspires: Jmn 15.1998 ST .ATF OF , / C1� i-, COUNTY OF 1-4-::"Yrsi,Pi The ale and foregoing was acknowledg THOMAS W LEVITT as Tniistee of THE 1993 WITNESS my hand and official seal. )ss before me this l MAS W_ LEVI c 7ja14a. ►. lift day of 7w+e7. 99{, by FAMILY UST/ My commission expires: Address: CAROM. RAKOSK1 Moira public -Notary S' 1 STATE 0FMISSOURI helms Cooly _.... eIphes: hoe • 487767 0-964 P-390 01/18/9C 03:11P 1'G 6 OF 13 STATE OF r COUNTY OF tf.1 dic ) ) ss. The ah and foregoing was acknowledged ore me this / day of January. 1996, by THOMAS W /LEVITT. WITNESS my hand and official seal. My commission expires: Address. STATE OF K, C. 1 NOTARY P CAROL RAROS11 NotaryPublic -Notary Seal STATE OF MISSOURI Jacicson Cormty M!. Commission Expines: June 1 `. '' -" ) ss. COUNTY OF' 1( ) The and foregoing was acknowledged before me this 1 day of January, 1996. by MOLLY G. tkV1TT. WITNESS my hand and official seal. NOTARY PU LTC M 'commission expires: Address; Winne a ea CAROL ItAXOSIff Notary i'aW-Moly !Mi STATE OP MISSOURI helms Oxinty Coemr:iscjon Expires: June 15.199 -6- 487787 11-964 I'-491 01/1S/96 ():! 1 1 P VG 7 Ot 11 }AMBIT A PEAK PROPER 1Y A trnct of land situated ill 0t/41'11/4 of section t1. ..hip: 1. Sou' h. Ramon 11 Mlst f O. 4th trip exi'l Meridian. Garfield OF= y. t]Dlors 'o: b.tntt aero particularly deeeribed am follow! leginning at a ~tone foa•nd lb plane for tee Mese 1/4 Corns' of said lection 2'': :hence Scutt 11.41'17' Dot 1211.21 feet: thence !youth 03•21'34' wait 1111.41 feet: to the Eaat•M..t centerline of the 01/4 of Wild Sect:on I1: thence along said centerline on a eeurss bearing North 19.45'21• newt for 21.19 feet: thane North 15.44 feet to as existing f,nceline: thence the following six.(saxl oversee along said fence lire! 1) North 11' 00.00' nest. 241.00 feet: 2' South 1f' 41'00' most 11.71 feet: ) South 11' 41'0e' Most 11.12 feet: 1 North If• 21'00' WOK 120.00 South 10' 41'00' Meet 112.00 feet: 4 North 11. 10'52' Mist 411•21 fee' to the pertsr!y boundary line of said Section 21: thence north 04""4 10' Last 1173.15 feet along said Me ,terly boundary lifte to the r -.XT 7IT aEG:.'4N1.•4G. UCL7 ant portion d.ncribed 1:t deeds recorded Mat 1, 1'~14 in nook 901 at 'Igo 701 and in bock 101 et Pao. 706: and, exc.tt any portion thereof described in deed recoldid Deceaber 24, 1'15 as Doctsrent fro. 416915 at ~nook 542, Page 271. otJrTT or CARTZttn, n7 ,tt or COLontDO 2111111111118181111111111111.1111115111115 I IP77 7 P_9c4 P-92 01 ' I i+. ,tai: ft. P (A EXHIBIT 1i Lrritt Trvst Pra_� Parcel 1 MI /2 SM1 /t SA'1/4 SM1/4. 1'EE N112 SSI/4 SW1/4. SITUATED IN THE C; ION Zd. TOWNSHIP 7 W. SCE A PARCEL OP LAND 01/4 SW1/4 OF SE S �r pOLOUT H. SAGE SME TRE TE /4 51fI/4. NcAND 'L TES MERIDIAN. COMITY 0r GARPIELD• 87 KSS'f OP TEE' SATE pRlRtCIPAL 1rfSR PARCEL BEING XORE PARTICULARLY DESCRIBED AS : I � J COMM0p SAID SECTION 28, A GAR FI OUNTY �d S muss C PT O ND AT THE SDUTE'XSt .69'40 `17'E. ATOM nut POIRf QLnar Or S TI 28, 7.111 11 GAP POUND IX PUKE;' CS. IS 1 22580. fly ---- 11.89'58119"1. A R. 13 A CAP IN aXISTING t1 Lam: TEEN 244.00 �EbT ALONG SAID • K4 '3. 4 FEE 2 MT It? 8 x. Os•21 .- � S. da s1 41 `�. ALCM SAID AMCMINN �� Ili memo �. 9 5F 1HE LINE or AN COUNTY NG FOOr ROAD 15. Q5 INET COVNTY R0 TEJ S.00'00'0011. 196053 OF THE GARPIFSD •4.6'3.d"E. 28.99 MT TO THE SOUTHWEST A!® NUM �p I21 PLACE, LS 8 22580; T 117 EKE usr-wrsr lf5.89 ltraAR CENTERLINE OP THE sx1/4 OP SSC;rOX TV ACE, 6 2 8 : CONTINUING SIXTEENTHGALONG OP CERT A 28. S. 8 ' S8'E. 1084. Ll PLACE. LS f ?Z?60.: 11 E. I1� LS*2258 ALONG SAID L 5T ON TEE SLY LINE 13 1 CE. S1/1/l OF s£C EW ARIA 5. t Z 5' 38 E 1 2514.01-510 • TO 4 POINT TO TEE A SOUTH ros 2.99' 41 ' 38 2..0.00 PEET 1 22580; f S.01'51'541/. ALONG QR .ION 28, A R£'AR & CAP IN PEACE. LS 28 CERTT:°LINE OP SEC: I O y 28 . 4 1 2376 NEARSW.37'10'03'1. I 03 1.28 IiE i) : ISE' S.89'45 '09 0 E. c AND CAP • yV i O ' 0 Ah1? 8 PLACE. ALSO BEING A .REEAR 10 ( 5 PE A REHAB INE Of A ROAD AS �'NE ?EE ALSO EI MINE (9) IOS.OSPETbTEE� 4. CAP 1'N PLACE'. LS t 22590: TSIr'1 CO:vTINIIfNG ALDNC SAID CTS' C.DCIRsL`'; 1) $ di '4.'32-E. 2E0.58 PLr :: 2) 6,027C1 '427v. 113.:8 FEET: 3)•. S. c?(1,.rg'2Z-Y. 148.53 FEET 4).>5. 01 "44'39"E. 131.99 PEET: .) 5.04•_5'45"S. 106.53 FEET: A� urn g/1>'LYG A RADIOS Of 1475 :00 ft.: 1� ARC Of S 5.065' �'r. 100.06' TEM: 6) IOC 07 NIRA' AAN I E of 03 53' I C (CHORD BEAR A CE,'�7RAL ANGL.. 7) S. 08' == ' S9'S. 67.98 FEET: gAyl!�G A RADIUS Ol 125.84 Pr.� %. A ARC 01 A CCRVE TO ME 'tram 8) 95. «J FUTCENTRAL ALONG T s -1.0813414. 91.01 FEET): S. d9' 43' Zs "4. C3 TRAL ANGLS Of 43°01'06. (CHORD BEARS $ ?93. 1 TET'; 19GAP 1�1 PLAN. LS 31 S. 38':2'03'11.! 18.32 �� 1 X80.. 7W 5.01'52'46'5. 329.19 FEET TV A 30. T4 TARE .AR 4 t Mir S.d9`55'()9'Y. 110.00 FEET ID A PO 0• T •*I REE �q & CAP IN PL.LI • LS t ZZ. 5 IN PLACE. LS C11P =1uy 05 TE *yE or SAID SEG:Ia"f 28. A �� POL'�' ay � EAST -VEST N.02'060C9H CEYTC^.L.. (ETTEHLINE 49.20 FEET TV c t c115 TSE,if S.d9'S 2LL' - Op THE6' /a AI/4 SAID 4 CAP IN PIACI. 4- OF THE 05-.'4 OP THE SLID SNI/4 N 1353.0 FE28A TO POI t ON 173E YD. -SODT3 CT3Y11 ain ALONG SAID CE'yTT?!_:�E .3„3.02 FEET X90: MEN' S. OZ"21'54'11. ALONG SAID 0 8 CAP 11N PUCE. ES : 225 7NER EY S. 3'23.54 28 AND 33. A OP SEC:'NE 28. A !E WEST SIJTT1=TRULY INE rrr?' T'0 TEE5.80-40.:7-y. ALCM TRE SOL?�.L. RE F• YIINUY1C' :N PLACr. L5 1 22580; TfL' c0Iq+: SAID LCM CONTAINING Y; -NE RE. OP SE t 4' ET ^p ITE :ROE PO/ST D. ACE . NGSE JR _E^T 'Cr or n.. W7787 n.- t. ;4 1'-313 ('1: IRPIC I it' PT 9 Levitt Trust Property /,,SEslii Aparcel of land being all that portion of the NW 1..ridian lyingWesterly of the. of Section Z8, Township 7 line of gouth. Range 87 West of the Sixth Principal �, Garfield. State of Colorado said harmony Lane as constructed and in place, Parcel being more particularly described as foilowt: Commencing at the West Quarter corner cif said Section 28: thence S8 9°09`4 V artc • Corner of said Section 28, a true point f E. L'g4._c & feet to the canter Quarte- aye centerline of said Section 28 66.'_6 beginning: thence S. $9°09'12" E. Along the �"thence leaving said East-West feet to a point on the centerline of Hony Lane centerline the following seven (7) courses along said centerline: 1. S. 00°00.07" E. 21.26 fret S. 02°09'06" W. 160.05 feet 3. S. 0035'03" E. 220.84 feet 4_ S. 02°11'59" W. 187.62 feet S. 00°34'25" W. 558.48 feet 6. S. 02'3'40" E.. 91.04 feet 7. S. 06°19'45" E. 119.31 feet to a point N n te S9b� 18 southerly W Along said of said N\ VSE *; thence leaving said centerline southerly line 111.02 feet to the South -center Sixteenth comer saoi 8 9ii c 28 thence N. 01°51'54" E. Along the Westerly line of said t to the true point of beginning: said parcel containing 2.464 acres, more or less. EXCEPT that portion of the above described property described as follows: A parcel of land being all that portion of the � p �n� al Meridian lying E1,14 oi Section 2S. Township 7 Scute. Range f Harmonyethe Sixth as constricted and in place, Vv"esterh� of the centerlineparcel being more particularly yof Garfield. State of Colorado, said pa described as follows: Commencing at the West Quarter Corner of said Section 28: thence S. 89°09'47 E. 2.594.f8 feet to the center Quarter Corner of said esc centerline of said Scection 28. the true �on 8 nt of beginning: thence S. 89°09'12" E. along the East Lane: thence leaving said 66.26 feet to a point on the centerline �unes�l°�g said centerline: East- West centerline the 0following U �g five (5) � feet 1. S. 2 S. 02°09'06" W. 160.05 feat: 3. S. 00°35'03" E. 220.84 feet 4 S. 02°11'59" W. 187.62 feet: S. 00°34':5" W.132-29 feet thence leaving said centerline N. 39°45'5 W. 32.01 feet to a point on the Westerly line of said NWh/SE'.'4. thence N . 01'51'54" E. along the Westerly line of said NW'/SE'.: 072.91 feet to the true p^'nt of beginning: said parcel containing L557 acres. more 01 1a -.. 4R-7787 D-964 i'-394 01/1g/9C iO3: 1 1 r PG 10 C)1 13 rime! v � / . of Section 28. Township 7 South. A Parcel of land situated in the � • "� of Garfield, State of Range 87 West of the Sixth Principal Meridian, described u fond Colorado. said parcel being mote particularly West Center Sixteenth corner of said Section ffit North- , a rebar South Commencing at the. W. 1252.96 feet aloft; and cap, PLS #114111; then S. n3'Z3'S4 .. to the tine point a� beginning; �� Centerline of the S'�V''/� of Section;�1'S�,, W. 120.74 feet to the then 5.89'4S'38" E. 1081.15 feet � 1 teb>yr and � PLS ���: East- West centerline of the 5W'/• of �°n 28, said East-West amtttime to �e then N. 89'45'38" W. 143$ feet tkn►8 PIS *22580: then ! ttbar and cap Southwest Sixteenth corner of Section centerline of the S�'I• of N. 03"''.3'14" E.120.87 feet along said lel containing 3.00 acres, Section J3. to the true point of beginning, more or less. IS7787 P-964 P-395 01/18/9f; 03: 11I' PC"; 11 OF 13 Wet A parcel ofland situated in the NW1/4SWIA of Section 71, Township 7 South, Range 87 • of the Sbcth Principal Mericliart, County of CAtrfidd, State of C,olcrrado; said pared being more particularly described as follows: Commencing at the West quarter corner of said Sion 28; thence S. 410953" E. 1846.96 feet to the Southeasterly corner of that property described in Reception No. 473551 of the Garfield County Clerk atxl Recorder's Office, the True Paint of Beginning; thence N. 89'45'3r W. along the southerly line of said Reception No. 473551 28.99 feet; thence continuing along said Sow! • ," Ible N. 00`00.00. E 15.65 fed thence leaving said Southerly hne S. 89'00'00" E. 29.90 feet to point an the Easterly line of said Reception No. 473551; thence S. 031354 W. along said Easterly fine 1518 feet to the true _point of beginning; said parcel comaining 0.010 acres, more or less. Avarrali11111 487787 B-964 P -39F; 01/18/943 03 : l 11' PG 12 or 13 EXHIBIT 13 Thoma$ ti's'. I tt PColi —1 A parcel of land situated in the SW'/SWV4, the NW'/ '1/4 the of Seh Principal ction 28, and in t ne 5E1/4..1E1/4of Section 29. Township 2 South, Range 87 West County of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at the Southeast corner of said Section 29. a Garfield County Surveyors brass cap found in place: then S. 89'55'37" W. along the Southerly >line of said of saSSd iont29, 71433 29 feet N. then N. 51°26'57' E. 980.26 feet to a point on the Y line 04°54'00" E. 777.70 feet to the South sixteenth cornet con tion to elintothen the followings 28 and :then N. 04°54'00" E. along said Easterly line 11.48 feet to $ four (4) courses along said existing fenceline: 1) S. 89°43'21" E. 489:10 feet; 2) N. 88°56'31" E. 162.00 felt; 3) S. 89°13'29" E. 230.00 feet, ,� cd" W. 1396.62 feet to a point on the 4) N. 89'5531" E. 78.62 feet then 8.03 .3' Southerly line of Section 28: then 5. 89°40'17" W., along said line 997.11 feet to the point of beginning: said parcel containing 36.400 acres, more er less. 481787 ii -944 P-397 01/1K/9f1 03:111' PO 13 C4 13 FoutterT e Molly C. MItt Pro t A parcel of land consisting of the S1'/4SE1/4 of Section 29ldnsd p 7 So of, Colorado,; Range 87 West of the Sixth Principal Melndian, County of EXCEPTING THEREFROM a parcel of land described as follows Beginning at the Southeast Cotner (Auld Section 29, a Garfield County Surveyor Brass Cap foundounsig found ib plea thence S. 89655'3T' W. along the Southerly line oof said Section �9f Section 29, 3t tncx 3 feet; ,. thence N. 51•26.5-r E. 980.26 feet to a point on the Easterly line S. 04°54'00" W. 61/23 feet to the point of beginning.