HomeMy WebLinkAbout1.0 ApplicationUKELE ACRES ST]BDIWSION
C ONS TRUC TTON AS-B UILT RE PORT^S
Roxntn W. & fEqN M. Srutrn
Dswtopsns Or arnm Acnns
31917HIGHWAY6&24
SILT, COLORADO 81652
SUBMITTED
TO
GARFIELD COUNTY PI-ANNING DEPARTMENT
PREPARED
BY
MDY CoysutrrNG Etttctvnnns, Iwc"
713 HORIZON COART, SUITE 311
GRAND JUNCTION, CO 81506
(970) 241-2122
APRrL 5,2002
PREPARED
FOR
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UKELE AoRES SwDIwSIoN AS-BaILT cONSTnUCnoN REPTORT ,
I CONSTRUC TION COMPLUNCE TE STING REPORTS
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PREPARED
BY
HEPWORTH - PAWI.,,IK GE OTECHNICAL, INC.
5O2O COANTY ROAD 151
GLENWOOD SpfiING^t COLORADO I t 60 t
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7t7?/ eadarlrnc, trat'rrtw,'1,,c.
HORIZOIT PARK ?LAaA
743 E,oilrnrn Court, Sultc 311
Gnnd Juactloa, CO E15O5
PEt: l970l 24t-2r22
DArk l97ol 24t-2662
April5,20A2
Mr. Mrrk L. Been, Dirc+tor
Garfield County Building & Planning Deparhnent
109 8th Street
Glenwood Springs, CO 81601
HEr 00-507 - AKELE ACRES SABDIVISION - REQUEST FOR FINAL ACCEPTANCE
Dear Marh
Please find herewith Corstnrction As-Built Reports and Drawings of lJkele Acres Subdivision, located in
Silt, Colorado. Included in the As-Built submittal package is a copy of the Construction As-Built
Compliance Reports, ure blueline set, and ure mylar set tf the Construction As-Built Drawings, and an
electronic copy of the Construction As-Built Drawings on disk.
Please note, that the construction of this development is complete. Therefore, we respectfully request, that
Garfield Comty grant approval for Final Acceptance, and the subsequent release of the funds held in
security by the County. We trust this request will be taken under cursideration by Garfield County.
Thank you.
At this time, on behalf of our clients Rmald W. & Jean M. Smith, Developers of tlkele Acres Subdivision,
Project Cuttractors, and or fellow corsultants, MDY Consulting Engineers, Inc. would like to express
our appreciation to you for your assistance with the processing of this phase of the subdivision
development roquirernents for Ukele Acres. Your assistance with this project has been geatly
appreciatod,
Respectfully Submitte4
7@?/ Q&,lrhq E qheoa, ?p. ,
Mark D. Yomg, P.E.
MDY/sef
Enclosures
cc: Mr. & Mrs. Ronald W. Smith, tlkele Acres Developers
Mr. Jefferey S. Simonson, P. E. , Schmueser Gordon Meyer, lnc.
FILE : C :\MDY\O000\00-507\AS-BLI- I \00507A8 I .DOC
MDY CONSTJLTING ENGINEERS
o
o
INC.
HORIz(Oil PARIr PLAZA
743 IIORTZOI| COURT, Sft. 3ll
GRATTD JUIICTTOIU, CO 81506
PIIIIT (9701 24t-2122
FAX: (9701 241-2662
TRAI{SnIrTTAI, TETTER
DATE: 4/g/2OO2
Trcz ilAfrK L. BEAfr, DIRWfiO& aARFIE*D CO. BAILDIIYG & PLAilltfitIc DD?f.
RE: (n-6O7 * IIIQLEACRB{i SWDIWIOfi - COfrErnACtIOfiAt -autlt DA1A
COUUEltTtli M,RK -
P|DAAS AIilD EEnEgfifr rEE DrrAL CAilSmACAIOT Ag-DAnT EBnOnrS, AtD D&AvNOS nOR TTXBLD
SIGilED:
COPIES DATE NO.DESCRIPTION
I RPT 4/s/02 25 PGS CONST RUCTIO N A S- B U I LT REPORTS
1 SET 4/5/02 6 SHTS 24" X 36" MYLARAS-BUILT DMVNGS
1 SET 4/5/02 6 SHTS 24" X 36" BLUELINE AS-BUILT DMWNGS
I DISK 4/5/02 l DISK ELECTRONIC COPY OF AyBUILT DMWINGS
FILE: C:\MDYSO.501TRANSMTTALS0507T2.DOC
Y CoNSaLTING ENeNTgRs, INc.
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UKELE ACRES ST]BDIWSION
CONS TRUC TION AS-B UILT DRAII'INGS
RE: AS-BUILT DRAWIIYGS
CERTITICATION
T,HE "A9BUILT DRAWINGS' ATTACHED HEREWITH ARE CERNFIED BY
I}ARN D. YOI]NG, P.E WIITT MDY COT\$ALNNG ENGINEERS, INC OF GNAND
JTINCNON COLORADO. ALL IMPLEMENTED AS-BUILT DATA ON THE
DRAWINGS ARE SHOWN IN PARENT,HESB TE, (AgBAILT DATil.
PLfu4SE NOIE: I:HE BACKGROaND INFORIIUflON FOR T'HE ASBUILT
DRAWINGS
'YAS
ACHIEWD BY WILIZING SCAAINED II}AGES OF T'HE
"APPROVED CONSTRUCNON DMWINGS' CERNTMD BY JEFFEREY S.
SIMONSON P.E WTI:H SCHMUESER GORDON I}reYER, INC OF GLENWOOD
SPf,ruCS, COLORADO. AUT.HORIT.ATION WAS GRANTED TO MDY
CONSALTTNG ENGINEERS, INC TO SCAN THE *APPROVED CONSTNACTION
DRAWINGS' FOR AS.BUILT PURPOSES VA A MEMORAAIDUM ISSWD BY
JEFFEREY S SIMOITSON P.E ON MONDAY, APRIL I, 2(n2.
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aKufi ACRES SABDI\4STON AS-BUILT CONST&ACTTON nEpORT
TABLE OF CONTENTS
* LETTER TO GARFIELD COWW RE: REQUEST FOR FNAL ACCEPTANCE
* AS.BUILT DMWNGS CERTIFICANON STAIEME},IT
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NOTE: TIIE FOLI,OWING REPORTS PREPARED BY HEPVORTH - PAVL/ff GEOTECHNICAI, Inc
* SI.'BGRADETESTING
* AGGREGATE BASE COURSE MATERI,AL TESTING
* AGGREGATE BASE COURSE COMPACTION TESTING
* ASP}IALTIC CONCRETE PAVEMENT COMPACTION TESTING
* ASP}IALTIC CONCRETE MD( TESTING
I.IOTE: THEFOL[,OWINGDOCUMENTATION PREPARED BY:,49 INDIUIED
* LETTERIROM MR MARK L BEA}I, DIRECTOR GARFIELD BUI..DING & PI-A}.INI}.IG DEPT
RE: GARFIELD COUNTY ASBUILT REQnREMENT.
* LETTER IROM MR JEFFEREY S SMONSON, P.E. SCIIMUESER GORDON IVGYE& INC. (SGM)
RE: AUTTORZATION TO LITLIZE SCANNED IMAGES OF THE APPROVED
CONSTRI.JCTION DRAWINGS AS BACKGROUND INTIORMATION FOR TTIE A$BUILTS.
* A$BUILT SI.]RVEY DATAPRINTUJT
STJR\IEYEDBY
MONT]MENT SURVEY @MPA}IY, II{C,
GRAND JI.JNCIION, COI,ORAM
INCLI]D.ED IN AS:BTIILT .PACKAG-E
ASBUILT DMWINGS: UKELE ACRES srrBDrvrsroN (t - 24'\ 36- rvM-AR & BLTTELTNE sgrs
ELECTRONIC COPY OF AS-BUILT DMWINGS: AurocAD Rdease 14 (l- cD DIsc)
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arELE ACRE^$ SUBDTWSTON, uS-BATLT CONSTRACTON REHORT
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P.gr.. o-lA!-JG-1j{-2if/F1 t38:16 H-P GEOTECH
HEPWORTH . PAWLAK GEOTECHNICAL. ING.
Report of Construction Activities
To: Frontier Paving Job No. 199 751'1
Attn: Charlie Ellsworth
rc14 County Rcrd 311
New Castlc, Colorado 81647
Date: 7-17-01
Sheet 1 of 1
Proiect: Smith $ubdlvlelon. Hwy 6 & Cosnty Road 216, Garfleld County, Colorado
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Contractor"s Construction Activities: Controetor rceriflcd auUgradc and compcoted befotp Waol
rolling whh a loaded dump truek.
Major Eguiprnent:
H-P Geotech's Site Activities: Proof rolling subgrada lndlcated seycral small arcir of lnstabllfi
whlch will bo excavatcd tnd replaccd with drler onslto soil, A watcr trcnch ts looated ln north
shouldcr of road with watcr servicee cros*lng road, No deflectlon in water scrvicc trenchcs was
observed. No denrhy tG$ts were performcd. Hcsidenccs 6r. to heve septlc $ystcms. After repalrlng
soft spots, eix inchcr of base counea wil bc drcGd and danslty tested beforc prcof rolftrg agnln. An
additlonel 2' ol base coursc will be addcd thlr full bsfore paving.
Weather Conditions and T
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Verbal Cornmunication With: Rlch with Frontlcr Pavlng
Paul Weitrr Mtchacl Evcns
Field Observer Bevicwsd By
I AtrEIS ACNF^g SABDIWSION A&BUILT CONSTNAEIION RENORTt
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t * AG*RE*ATE BA*E couRSE
^[Ar:DnuL
TESTTN. *
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H-F, GECITEI:H
Particlle Slze Dist#butlon Report
ORAIN SIZE. mm
Hepworth-Pawlali
Geotechnical, lnc,
Frontrnr Puvjug
Pavcrncnt frcsign R rromrnsndafiony, Smith SuMviion, IlighwaV
6 ond C.outry tlocd ?16. Cry{icld Counry, CO
'tCOEELES
16 GNAVEL x ElltD %SILT I ltCLAY
o 40 50 l0
S'EVE
strE
PERCEN?
FIilER
SPEC.,
PERCE}Tf
rP$!7
(xrtlo)
I 1.5 ln.I .zs tn,I ..37i lh.l*al*sI *re| *soI #50| *rtooi #200
100
99
79
60
504
34
2l
l4
9.9
100. 100
30 - 6.{,{-{<
3-12
x
CDO? Clrri 6
Senrplc No.: 441-l Sounce of Sanple: finpon
Locrtlon: Roadway
Drr Semplrd:
ElryJDcprh:
S_oiLOcrffiotigr
3/4" e,ggrcgete flnse C:oursc
Afiarb€ru Llmitr lASTll D aslE)
PL= -- LL= -, Pl= -
Clasoificatlon
USCSI SP-$IU MSHTO= A-l-s
Co.filcielrtg
$g= llJ, ffiI fl:li, B?tI 3:lf*
Gu= 6!,lE Cc= 0.66
Ddc Tottcd: ?-30-200t Tected Ey: SET,BB
Ronn(tl
Scc Figurc No. I A for nrxilrrurn dry densiry rnd opdmum
urcigurc,
F.M.-3.99
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!4JO-L+2A81 8B:19 FT-P C€CITECH P.8,4rBJ
COIMPACTION TEST REPORT
Webr content Yo
Test speclflcaton: ASTM D 69E-91 hoccdrurn C Sturdard
TEs? RETiULTS
Mriximnmdry dmsitY - L34.7 Pcf
Optimum Eoisarc - 6.5 ok
Rrrnarlca:
Sco Figurc No. I for gradrtiun.
No. 199 751'l ClhnU Frourio'Pavitrg
Pavcrncnt Dcsign Recorumvrdations, Smith Subdivirion, Highurly6 and County
Road 216, Gar{ield Counly, CO
COMPACTION TE:ST REPORT
Hepworth-Pawlak Gieotechnlcat, lnc.
TOTfl. P.64
UXELE ACRES SWDIWSION AS.DUILT CONSTNACNON NEPO,RT
* AGGREGATE BASE COARSE COMPACNON TESTING *
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F{JG-L1-&fr1 Bg: IE GECI'TECH
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Report of Nuclear Density Testlng
To: Frontler Ptvlng
Attn: Charllc Ellsworth
1074 County Road 311
New Casdc, Colorado 81G47
Project: Smlth Subdlvlslon, Hwy 6 & County Road 216, Garfleld County, Colorado
Date: 7-27-01
Page 1 of 1
P.B.2..04
199 751-1
General Contractor:
Type & f of Earthmoving Units:
Type & # ol Compaction Unlts: vlbratory srnoottr drum
Method ol Addins Moisture:
Earthwork Contractor: Fronthr Pavhg
Thickness of Liftr: 6-
Number of Passas: not obronred
Tost
No.
Locarion
Foadway
Depth
or
Elev,
Laborarory Fiald %
Gomp
Min,
%
Comp
Boq.
Soil Type
Max.
Drv
Deru.xl
opt.
Moist
th
Dry
Donr.
pcl
Moitt
96
1 STA 1+0O rlght 2" bekow
bace
grede
134.7 e.5 130.9 2.8 97 95 Yt' aggtelgatc base
cout'.
2 STA 2+OO lefi 2" bolow
bacc
grado
134.1 0.5 132.6 2.7 98 95 %" aggregatcbare
oourEc
3 STA 3+5O right 2" below
brro
gre&
134.7 6.5 'r94.8 2.r 1I)0 95 %' aggrcgatc bar
couetr
4 STA 4+ 50 lcft 2'below
bace
gradc
134.7 6.5 131.9 3.O 98 95 %" aggrogate brse
corrTta
5 mlddb ol aulde-sac 2* brlow
ba*
greds
134.7 6.5 131.5 2.8 98 95 Yt" cggtogxla bacc
cour33
PAFT TIME Obsnrstlon
trsi&roltIEE.IIai|oaalai{g.lartwrrrwlqirav.Hqrg G*s.ld,{rull..|{E(( Ea!lE:6tar.D Effit4nidilt 6mlxuE.*.dri. wa-*raf!!rtfo rtLlb-ff Mt*s.haa.,tEE?Cttrll5allurB
flLrr€alrt ltt sn ?(A utTlrol, of ftft$Jo r4l lralD rr rutlr^m.L accrxr^itcf ill,t As?r D:!22 ,\r{r o!0r7
Preliminary Obrcrvmlons and/or Test Resultr Vcrbally Beportcd To:
Progrcra Roport: Conurotor hrd prcvioudy plmod and oompactcd 6" ol y." oggrogato brse oourso ahng road with
2" mqy.c to br placd trlc fall bofryc peving. Drnrfi tortr indbatod adcquatc compccti'on. A ormple war collcctcdtot
laboretorv enatvric, Thc rerultg .tc tttaohd'
Paul Wclmr Michacl Eyanr
Field Technician Revicwed By
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HEPWORTH - PAWLAK GEOTECHNICAL, INC.
Report of Nuclear Density Testing
Project: Smith Subdivision, Hyuv 6 & CountyBoad 216,.Garfield County, Colorado
To: Frontier Paving Job No.: 199 751-1
Attn: Charlie Ellsworth
1014 County Hoad 31 1
New Castle, Colorado 81647
General Contractor:
Type & # of Earthmoving Units: grader
Type & # of Compaction Units: vlbratory smooth drum
Date: 9-19-Ol
Page 1 of 1
Earthwork Contractor: Frontier Paving
Thickness of Lifts: 2" over existing 5"
Number of Passes: not observed
Method of Addinq Moisture: water truek
ction Standard: ASTM D-698 rd)
Test
No,
Location Depth
or
Elev,
Laboratory Field oh
Comp
Min,
o/o
Comp
Req,
Soil Type
Max.
Dry
Dens,
pct
opt.
Moist
%
Dry
Dens.
pcf
Moist
%
1 STA 4+ 00 left base
grade
134.7 6.5 132.5 4.2 98 g5 %" aggregate bass
courae
2 STA 3+O0 right base
grade
134-7 6.5 134.5 2.4 100 95 %" aggregate base
courSe
3 STA 2+00 left base
grade
134.7 6.5 132.2 2.7 98 95 Ye" aggregate base
course
4 STA 1+O0 right base
grade
134.7 6.5 13s.6 4.3 100 95 %" aggregate base
courEe
PART TIME Observation
HE [Mr n!3flrs OFffiE ffi A6 A ftSqTOF CUt A6livAlffi Of FIL! UCdEN:. fl NAV€ *LED O! m CqriACrOr TO CdTNUE lEyrcT4 ffiOMm[oEg cwr^crvl ryoi, aND Motliw lo D[ ouf rE Mt ft i 8!Nlr
E NOT OllliUM OEnAnd!.
rHE NUCLEAS OENSOMETER MSTHOO OF TESTING WAS USED
'N
SUISTANflAT ACCOBDANC€ w|TH ASTM 02922 AND 03017
Preliminary Observations and/or Test Results Verballv Reported To:
Progress Report: Contractor placed and compacted 2" ol Ya" aggregate base course over existing 6". Density tests
indicated acceptable compaction.
Paul Weiser Michael Evans
Field Technician Reviewed By
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ltrELE ACRES SUBnTVNTON AS-Ba1LT CONSTRACqTON Iu,tORT
t * ASPIALTIC CONCRETE PAWMENT COMPACNON TESTING T,
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HEPWoRTH-PAWLAKGEoTECHNICAIL,INc.
. Report of Agrhaltic Congete Paveme.nt Te9ting .
To: Frontier Paving
Attn: Charlie Ellsworth
1014 CountY Road 311
New Gastle, Golorado 81647
Job No, 199 751-1
Date: 9-20-01
Sheet 1 ot 2
Proiect: Smith Subdivision,6&Road 216, Garlield CounlY, Colorado
Construction Contractor: Frontier Paving
Recommended Density of 92'96o/o of thq l4s!1null Densitv as DetermineC ASTM D2O41
Type and Number of Compaction Units: 1 breakdown, 1 finish Thickness of Lift: 3"
No. of Passes:Temperature Variation : 27 A-28A'o
Core
Field
Density
pcf
Test
No,
Location Pavement
Lift
Laboratory
Density
pcf
Nuclear
Field
Density
pcf
Nuclear
Compaction
lo
Core
Length
{in.)
1 STA4+95 left finished
grade
154,4 146.5 95
/.STA 5+20 right
cul-de-eac
finished
grade
154.4 145.0 94
3 STA 5+65 right
cul-de-sac
finished
grade
154.4 147.7 96
4 STA 4+ 50 right finished
grade
154.4 145.3 94
5 STA 4+O0 right finishecJ
grade
154.4 143.3 93
Core
Comp.
oh
PART Time Observation
The nuclear densometer method of testing is in substantial acsordance with ASTM D2950 with core correlations performed in
accordance with ASTM D2726.
prelinrinary observations and/or test results verbally reported to: Rich with Frontier
ion' A 3 Pel offset was applied to
the nuclear dsnsities based upon conelation with cores cut on a similar projoct.
Parrl Wcis?r lLtliehaPl Fwanc
Field Technician Reviewed By
ILXELE ACRES, SWDIWSION AS-BAILT CONST'NACNON RTIru,gT.
* ASPIALTIC CONCRETE L{D( TESTING *
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HEPWORTH . PAWLAK GEOTECHNICAL, INC.
Report Of Asphaltic Concrete Mix Testing
To: Frontier Paving
Charlie Ellsworth
1014 County Road 31 1
New Castle, Colorado 81647
Job No, 199 751-1
Date: 9-2O-O1
Sheat 2 of 2
Sample No: 586-1
Project:SmithSubdivision,Hwy82&CountyRoad216,GarIietdcou@
Placement Location: STA 4+20 Risht Pass
Supplier: Frontier Paving
Time Sample Taken: 1:2O
Weather: clear
Sampling Procedure: auger
Air Temperature: 750 Sample Temperature: 275o
Method of Extraction: AASHTO T3OB Method A Oil Content: 5.90%Des.Oil Content: 5.7 * O.3016
Sieve Analvsis
Sieve Size Percent
Passino
Job Mix
Percent Passing
Job Mix
Tolerance
Specif ication
cDoT cx
3/4 100 100 100 100
1t2 97 96 88-100 100
3/8 89 85 77-93 74-95
4 v2 61 53-69 50-78
8 62 42 34-50 32-60
16 40 32
30 31 25 19-31 12-34
50 19 18
100 11 11
200 7.3 5.6 3.6-7.6 3-9
Marshall Prooerties
No. 1 No. 2 No. 3 Averaoe Mix Desion
Un,t Weioht
Stabilitv
Flow
Percent Air Voids
Percent Voids Filied
Percent V.M.A.
Maximr.rm Theoretical
Unit Wt. ocf
154.2 154.6 154.4 154.4
Copies:
Paul Weiser Michael Evans
Field Observer Reviewed By
UKELE ACRES SWDTWSTON AS-BrmT CONSTkACruON REpRI
" PROJECT AS.BUILT CORRESPIOA{DENCE *
i2-t4l-2t&) l l l :ErlPM FHUtl JEAI\_SI4I TH l+97811876+536.3 P. 1
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Sincerel.v, .;
-4 )**4.Afo^^-
Mark L. Bsan,Ilircotor
Br-rlding & Pianning Dopartment
BUILDING & PIA\{NING DEPARTMENT
Jean and Ronald Smith
31947 HighwaY 6 &,24
Silt, Colorado 81652
RE; Ukcle Acres Subdivision
Dear Mr, & Mrs. Smith:
Due to rny inability to taik to you on the phonc or leavc a voice mail messag€, l-frh it.
was imponant to conxa0t you in writing. Recently, MDY Consuhing subn|ittcd a'writxon
*r",umettt thU certifies thc completion of tle improvements for thc Ukele Acrcs
subdivision and rcquosting tho ielcuse ofthe flrnds hcld by the County. Thc letter
adequately addresscs the oertification of the imprc,vements, but you arc obligated t'o
rrU,irit ..as-built" drawings, *amped by a professional engineer. prior to thc final rcrlgase
of rhe sc-curity heki by the Ccrunt,"-. Mr. Young stated that hc u'as nct authoriz-ed to do
the'b-q-buih" drawings,
plcasc revi€w you.r subdivision improvernents agroemcnt, speoifically paregraph (b,) on
pagc 3 of the document. )'ou are requircd to hale tho as.built drawings submitted. prior
ioihe rel"ase of the securitr'. Based upon this rcquirtment, this ofiice cannot
recommend to thc Board that the securitv stilt hcld b)' the County be released. Yc'u need
to matce arrarugril€nrs with a protbssional cngineer to develop these documents.
If yu-,u have any quesrions abour tirc issues noted in this iettcr, fbel free ro call or write to
this ofr.ee, at you Ponvenicncc.
109 \th Srrcel, Suite 303, Glen.wood Spring.s, C)olorado El60l(970)945-BZl2 t970) 285-7972 Fax: (97fil 384--1470
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oo^5o7
RECEIVED APR
w
0 3 200?
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
SCHMUESER GORDON MFIER
Mark Young, P.E.
Jefferey S. Simonson, P.E.
4/u2002
Ukele Acres Subdivision
As-Built Drawings
Mark,
As previous atternpts to develop as-built drawings from the original Cad files has failed (ie., conversion of
the original drawings in Acad l4 to Acad 13 format losing layer control), we are providing this
memorandum with the pupose Io authorize MDY Consulting Engineers, Inc. to provide ui-buitt drawings
for the Ukele Acres Subdivision utilizing scanned images of the 'Approved Conitruction Drawings" as
background information for the as-builts.
It is understood that the As-built drawings will utilize these drawings to reflect any changes and show
locations of facilities as they were acrually built. In essence, the drawings will oniy s.how what
modifications (if any) took place as they might be reflected in the "approved construction drawings". We
further understand that your firm will provide the proper certificationind delineation to/of the as-built
drawings.
We further understand that your frm will provide SGM a copy of the as-built documernts provided to
Garfield County Planning for our records.
I hereby authorize MDY Consulting Engineers to utilize scanned images of previousllr submitted and
approved construction drawings SGM to tye nfie preparation of as-built drawings for Ukele
Acres Subdivision as discussed above.
,/
S. Sinionson, P.E.
I:\ I 999\99 1 1 2a\authorization.doc
I I8 w. 6'h Street, Suite 200
Glenwood Springs, CO 81601
Schmueser Gordon Meyer, lnc.
authorization.doc
Creared Mondq, April 01. )002 t2:08 PM
(91',0)94s-1004
(970)945-5948 FAX
,, AS-BAILT SANWY DAru BY MONAMENT SURWY COMPAAIY, INc- "
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OO_507 UKELE ACRES ASB
!,32018 . 98, 85758 . 04, 54 54 .48, NELT 3
3, 3L 68A . 26, 84885. 08, 543 6. 67, ROWMOII
4, 3L679. 48, 84881. 05, 5435. T5,WCBRASS CAP
5,32088. 90, 8557 4.47, 5456.10,TOPFY HYD 2.40
6, 32084 .11, 8551 4 .26, 5451. 99, WV
'7 ,32082.25, 85598 .87 ,5452.54,WV
8, 32068. 81, 85608 . 62, 5452. 30,WV
9, 32036.2A, 85604 . 66, 5451. 98, WV
70,32032.76, 85603. 30,5454. 33,TOPFY 2.40
1,L,32061 . 15, 8557 6 .5'7 ,5451 .7 6, TELEpED
72 , 32062 .26 , 8558 0 .7 4 , 5452 .52, TRRG.R'
13, 32087 . 65, 85580. 58, 5452. 31, rRRGA
74 ,32094 .41 ,85600. B 5,5452.90, DRCT
15,32102.35, 85607 .55, 5453.09, DRCT
16, 32028 . 91, 8561 1 .77, 5452. 06, ELECMARKER
1,7, 3202L.12, 85673. 56, 5 449.11, FLCME', 16"
!8,32067 .06, 85695.32, 5450. 09, FLCMP 16"
19, 32069. 7 2, 85713. 03, 5453. 59, PROP
20, 32066. 87, 857 20. 01, 5453. 57, DOMW!',
2\,32020.35, 85751 .04, 5453 .74, DOMWV
22, 3202! .72, 857 67 . 60, 5454. 36, DOMyVV'
23,32021 .51, 85755.08 ,5453.75, ELECPED
24, 32057 . 44, 85756. 41, 5453 . 79, DRCT
25, 32051 .20, 85739 .3'1, 5453. 55, DRCT
26, 32029 . 68, 85693 .36, 5452. 53, DRCT
21, 32029 . 65, 85711. 1 6, 5452.91, DRCT
28 ,32031 . 60, B58 96.46,5455. 66, DRCT
29,32031 .81, 85911.91, 5455.99, DRCT
30 ,320-i7 .12, 85933 .t9,545"7 .L2, PROP
37, 3207 I .7 2, 85923 .27, 5451 . 70, rRRGA
32, 320't1 . 99, 85942. 81, 5457 . 35, IRRGA
33 ,32068 .20, 85938 . 7 0 ,5456. 59, TELEPED
34,32068 . 40, 85 936 .82,5456.49, ELECPED
35, 32061 .99, 85949. 01, 5451 . 07, DOMWV
36,32068 .7 6, 85957. 1 4,5456.58, WV
37,32071.9A,85957 .r4,5458. 78,TOPFY 2. 40
38, 32028 . 62, 85994. 10, 5458 . 57, DOMI/trV
39, 32027.7 4, 8597'7 . 00, 5458 . 24, PROP
40,32027.29,85915.7 0,5451 .1 6, TELEPED
41,32024 .54 ,8597 2 .46,5457 . I 1, ELECFED
42,32021 .00 ,85961.55, 5457 .31, rRRGA
43,32027.60, 85986. 80, 5458 .23, rRRGA
44,32061 .54, 8608 1.72,5460.75, DRCT
45,32061 .1 2, 8 6095 . I 5 ,5461.22, DRCT
46,32033.37 ,86099 .97 ,5461. 12, DRCT
41 ,32033 . 4 4 ,86772 .20, 54 67 .42, DRCT
48 , 32021 .0'7 , 86L65 . 46 , 5462 .8 0, TELEPED
49,32027.77, 86L73. 10, 5467. 74, PPDOWN DROP
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OO-507 UKELE ACRES ASB
50 | 32028 .26,861_7 0 .62,5467. 35, FLCME, 16
5L, 32071. 30, 86169. 85, 5462.05, FLCMF, 76
52,32077 .1,1, 86178 . I 4,5464 .39, EOP
53, 32068 . 31, 86!69. 46, 5463.78, EOppOC
54, 32062 .tg, 86153 . 92, 5463 .23, Eoppr
55, 32033 . 64, 86162. 41, 5463. 06, EOppr
56, 32032 .31, 861 69 . 95, 5463. 27, EOppOC
51, 32022 . 29, 8611 9. 01, 5463. 36, EOppC
58 ,32024 .1 4 ,86192. 30, 54 53 . 53, PROP
59, 3207 4.19, 86180. 13, 54 64. 42, PROP
60,32110. 13 ,86t1 9 .79,5464 . 87, EOP
6L,32001, .26,86L7 9 .24 ,5462 .99, EOp
62, 32049 .37, 86t1 9. 06, 5463 . 97, CL
63, 32033 .92, 86101 .37, 5467.25, EOP
64, 32060. 76, 86101. 3l-, 54 6L . 41,EOP
65,32047 .51, I 6100.61, 54 61 .35, CL
66, 32046. 9t, 86046.74, 5460. 05, CL
67, 32060. 40, 8604 5. 42, 5459. 98, EOP
68, 32A33. 34, 86045 .51, 5459 .1 9, EOP
69, 32032. 97, 85988 . 87, 5458. 30, EOP
't 0 , 320 5 9 . 5 9 , 8 5 9 B I . 91 , 5 4 5I . 3 8 , EOP
7L, 32046. 87, 85988. 31, 5458 . 42,CL
72, 32045. 91, 8593 6.7r, 545't . 07, CL'73, 32059. 61, 85936. 31, 5456.1 6, EOP
1 4,32032.45, 85935. 9r,5456.7 4, EOP
7 5,32031. 60, 85885. 13,5455 . 45, EOP
"7 6,32058.84, 85884.02, 5455.87, EOP
11 ,32045.7 4, 85883. 65,5455.89, CL
18,32045.08, 8583L.26, 5455. 03, CL
1 9,32058 . 35, 85830. 7 6,5454 . 90, EOP
80,32031 .51, I 5829 .34 ,5454 .7 8, EOP
81, 32030. 87, 85777 .33, 5453. 94, EOP
82, 32057 .78, 8577 5. 92, 5454. 07, EOP
83,32045 . 49 ,857 75 . 96 ,5454 .25, CL
84 ,32045 .32,851 04 .48 ,5453. 1 5, CL
85, 32056. 20,957 04 .7L,5453 . 1 9, EOppC
86, 32062. 37, 85692 . 25, 5453 . 04, EOppOC
81, 32082. 05, 85681 . 67, 5453.24, EOppRrl
88, 327L4 . 64, 8564 4 .27, 5453. 25, EOppOC
89 ,32091 . 38, 855 99 .25 ,5452. 91, EOppOC
90 , 32041 . 52 , 8 5 603 .2L , 5451 . I3, EOppOC
97, 32024. 04, 85641 . 39, 5457. 80, EOppOC
92,32029 .92,8567 6 .24,5452. 2 9, EOppRC
93 ,3207 0 . 62, 8 5 635 .0't , 5452 . 45, CENCU.L
94,32012.02, 85557 .78, 5448. 69, FLCMP 16
95,32094. 31, 85557. 88, 54 49.22, FLCMP 1"6
96,32073. 91, 85556. 83, 5451. 03, ELECMARK
9'7, 32t12.08, 85431 . 42, 5450. 70, TELEPED
Page 21.
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98 , 32107 . 63, B 54 29 .58, 54 50 . 55, ELECi'ED
99,32088. 92, 85404.17,5448. 00, FLCMP 16
100,32089.80, 85382. 53, 5447 .15, ELCMP 1,6
\01,3201 0.06,85397.1 5,54 49.7 4, rRRGA
702, 32094 . 01, 85308 .12, 5449 .30, DOMWV
703,32092.24 ,85312. 01, 54 49 .7 3, WV
704 , 32094 . 66,85312 .16 ,5452 .90, TOPI',Y
105,32088. 68,85285. 81,5447 .5t, FLCMP 76
706, 32074 . 55, 85284. 68, 5448. 91, EOG
tal ,32087.68 ,85285.61 ,5449.08, EOG
708, 3207 8 . 92, 85285 . 24, 5448 . 96, CL
L09, 32071 . 41, 8537 9 .'7 2, 5449 .89, CL
7!0,32077 .49, 85380 . 57 ,5449. 51, EOG
l-11, 3208 5.L7, 85380. 34, 5449.77, EOG
LLZ,32085.31, 85480.7 6,5450. 96, EOG
L13,3207 4 .26, 854 8L.7 9,5450. 78, EOG
11,4, 32080. 1 4, 85481 . 64, 5451 .07, CL
7t5, 32068. 84, 85592 . 81, 5452.19, EOG
71-5,32082.82, 855 94 .90,5452. 58, EOG
!7'1, 32075. 4 5, 85529. 19, 5457 .52, CP777
118 ,32083.24, 853 94 .7t,5449 .93,CL
119, 32083. 04, 85397. 53, 5449. 88, WV
720,32068.31 ,85285.1 6,5441 .03, FLCMP
t2L, 32083. 52, 85383. 59, 5A49. 9L, EOG
722,32083. 90, 854 02.47,5450.09, EOG
t23, 32100. 74, 85383.29, 5449.7L, FENCOR
1,24,32110. 93 ,85403 . 35 ,5457. 37, CONCIWATER PUMP
725, 32110. 8 6, 854L6. 91, 5451. 42, CONCWATER PUMP
126,32728.13, 85417. 15, 5451. 40, CONCWATER PUMP
1,27, 32198. 05, 85392 . 98, 545L. 94, CL
t28 , 321 98 . 0 9, I 53 99 . 46 , 5457 .7 6, EOG
129,32198. 40, 85386.94, 5451 . 50, EOG
730,32296.51, 8538 5 .1 6, 5453.50, EOG
137, 32297 ."t0, 85398 . 1 9, 5453 . 35, EOG
732,32298. 14, 85391 . I 3,5453. 69, CL
133, 32393.75, 85392.57, 5461.17, CL
L34,32393.55, 85385. 45, 54 60. 75, EOG
135,32424.4 6, 85385. 69 ,5462. 95, EOG
736, 32419 .1 7, 85434 . 90, 5462. 41, EOG
t31 ,32397 .56, 854 34 .23,546L .47, EOG
1-38 ,32396 .L2, 85399 . 8 0,5461" .27, EOG
139,32393. 73,85435 .'19,5464 .68, DOMWATER
740 ,3237 3 .91, 854 36 .23 ,5464. 98, DOMWATER
147,32373. 5 9 ,85416.25 ,5465. 06, DOMWATER
142, 32393. 40, 854 L5 . 92, 5464. 72, DOMV{ATER
143, 32407.25, 853 45 .7 9, 5468 . 42, IRRGA
744, 32388. 58, 853 45.99, 5468. 68, rRRGA
L45, 32388 . 65, 85358 . 89, 5468 . 67, rRRGA
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NE
NW
SE
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I46, 32407.1 2, 85358 .1 6, 5468 . 41, rRRGA
141,32384 . 80, 85381. 93, 5459. 60, EENCOR
748 ,3207 6.34, 8554 8.22,5451.12, EOG
749,3201 6. 13, 8553 6.02, 5451. 65, EOG
150, 3247 5 .1 2, 8554 L. 47, 545t. 62, CL
151, 37970. 73, 85547 .21., 5450 .07, CL
752,3191A .47, 85554 .42,5449 .56, EOG
153, 31969 .56, 85540 . 66, 5449 . 69, EOG
154, 3l-8 64.18, 85556. 61, 5441 .57, EOG
155, 31864 .65, 85544 .97 ,5447 .43, EOG
156, 31864 . 31, 85550. 56, 54A7 .81,CL
151, 31.759. 89, 85553 .22, 5446. 63, CL
158, 371 59. 35, 85560. 53, 54 46.26, EOG
159, 317 59 .25, 85547 .1 5, 5446.25, EOG
160,31 677 .09,85548.41 ,5445.46, EOG
161, 31 611 .00, 8556L. 43,5445. 36, EOG
162, 31643.15, 85561 . 01, 5445. 14, EOG
163, 37642. 06, 85514 .82, 5445.74, EOG
1-64, 31.67 5. 82, 8551,2. 30, 54 46. O4, EOG
165, 3t6'1 0. 65, 85509 . 63, 5445. 98, STUCCOBLD
L66, 31,669.78, 854 9'1 . 40, 5445. 86, STUCCOBLD
767, 3L658. 40, 85510. 49, 5445. 86, STUC:COBLD
168, 31653. 54, 85500 .52, 5441 . 93, TOPWELL
169, 31680. 81, 8557 6. 96, 5445. 44, TOPPOND
110,31,680. 90, 85618 .96,5448 . 00, TOPI'OND
777, 3L654.31, 85623. 80, 5448 . 58, TOPPOND
1,72, 31609 -79, 85 622. 49, 5448 . 13, TOppOND
113, 37608. 04, 85616. 98, 5447. 81, TOppOND
77 4,3t611. 90, 85575 .96,5446.51, TOPPOND
17 5, 31618 . 57, 85563. 07, 5446. 10, TOpPOND
t7 6, 31624 . 47, 8557 2.86, 5443. 53, BOTT'OM
177, 316t9,28, 856L6.7 9, 5443. 65, BOTT'OM
178, 31664.58, 85617.83 ,5444 .A7, BOTTOM
L7 9, 37667 .95, 85577 .13, 54 44 .07, BOTT'OM
180, 31 682.21, 85567 . 47, 5444.81, FL
181, 31 61 5. 62, 8555 6.37, 5445 . 49, CL
Page 4
UKELE ACRES
Application
for
FINAL PLAT
ApPlicant:
Ronald W. & Jean M. Smith
31947 HighwaY 6
Silt, Colorado 81652
(970)876-2201
Land Planning:
John L. Taufer & Associates, Inc'
Landscape Architecture/Land Planning
P.0.Box227l
Glenwood SPrings, Colorado 81602
(970) 94s-1331
Civil Engineering:
SGM,lnc.
1 18 West 6s Street Suite 200
Glenwood SPrings, Colorado
(970) 94s-7767
(970) 94s-1004
Legal Assistance:
Beattie & Chadwick
710 CooPerAvenue
Glenwood SPrings, Colorado 81601
(970) 94s-8659
Geotechnical:
Hepworth-Pawlak Geotechnical, Inc'
5020 CountY Road 154
Glenwood SPrings, Colorado 81601
(970) 94s-7988
Water Resources:
Resource Engineering Inc.
909 Colorado Avenue
Glenwood SPrings, Colorado 81601
REcEtyEDotc aB2ooo
A SINGLE FAMILY RESIDENTIAL SUBDIVISION
A TRACT OF LAND LYING IN PORTIONS OF SECTIONS 4 & 9
TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6S P.M'
GARFIELD COL]NTY, COLORADO
October 4,2000
fFa$Jl'&v
E inal
SUBDIVISION APPLICATION
Pl=-
p\=r- --/
FORM
SUBDIVISION NAME:
O9{NER:
ENGINEER/PLANNER/SURVEYOR: --lok
LoCATIoN: Section 4 't "l
WATER SOURCE:
SEWAGE DISPOSAL METIIOD:
PUBLIC ACCBSS VIA:
Townsh iP v halb n'ange na *l *<{
hEXISTING ZONING:
EASEMENTS: UtsiIiE,Y
Ditch
TOTAL
(1)
DEVELOPMENT AREA:
Resident:!qI
Single FamiY
DupIexuuiti-familY
l,lobiIe llome
Commerc iaI Floor Area
Number
n
Acres
-4Ir
Acres
o.o
I;
(2)
sq. ft .
sq. ft.
( 3) Industr !a1
(4) Public,/Quasi-PubIic
(5) open Space/Common Area
TOTAL:
PARKING SPACES:
Res idenE,iaI I ?
Commer c iaI
?'t-t t I
IndusE,rial
Cu"ty Cunrhuation Cr.-ffi
l458Comty Road 2gB
RiIIe, Cloloradb 81C60
Scott Sobke
Wele Acrcs
l,'inul Revised Yersion ll2
Ilocuntent tr 'trr
CnntmcLlaaunt
.$ 1,286.00
$ 4,286.00
$ 54,617.00
s 5,296.00., 7,286.00
$ 2,786.00
S hilled
$ 1,286.00
I 9,571.00
, 528.00s 728.00
$ 7,900.00
$ 24,454.00
finilkd
.t 6,557.00
I 48,646.00
9,019.00
5,632.00
,f 21,447.00
.E 1,500.00
$JJlt_Oa
$ I39,583.00
o'dong.
t 00%
I8%
I0%
I0%
W(lu{onroe pwnps)
,,,i:.-;'1..../ 8" Corrugated Pipe
J, i;=; ."french orrd Bac$ill for Electric
Electrical Contract
I 29,425.00
I I1,286.00
$ 34,739.00
Cr"r*ryy
$ 7,286.00
$ 51,377.00
s 9,494.00
s 6,258.00
$ 21,447.00
$ 15,450.00,$ 441.00
$ 3,290.00
s 1,500.00Lrilila
I269,854.00
70%
70%
o- ilrlo
s
.,
90%
90%
90%
90%
Exhibir B
JOHN L. TAUFEFI & ASiSOCIATES, lNc'
Landscape Anchiceccune I Land Planning
October 4,2000
Garfield County Board of County Commissioners
c/o Kit Lyons, Senior Planner
Garfield County Building & Planning Department
109 8th Street
Glenwood SPrings, Colorado 81601
Re: Ukele Acres Final Plat
on behalf of Ronald w. & Jean M. Smith, I am pleased to submit this application for
Final plat regarding the Ukele Acres Subiivision, a nine (9) lot single family residential
subdivision located one (l) mile west of silt, colorado. The material submitted shall
r"irfy the requirements ioi finut Plat per Section 5:00 of the Garfield County
Subdivision Regulations of 1gg4. Additional material submitted herein shall satisfy the
remainder of the conditions as referenced in Resolution No. 2000-038 concerning
"pp.",aofthePreliminaryPlanfortheUkeleAcresSubdivision.
FINAL PLAT SUBMITTAL REQUIREMENTS
As required, I have included four (4) copies of the following documents for your review:
o Ukele Acres Final Plat ( 2 Sheets)
o Ukele Acres Construction Drawings ( 11 Sheets )
o Declaration of Protective Covenants - Ukele Acres Subdivision
. SubdivisionlmprovementsAgreement
o Deposit Agreement
oPreliminaryCostEstimateofsubdivisionlmprovements
o certification of Taxes Due - Garheld county Treasurer
o Consent to Vacation of Plat
o Evidence of Legal Water SuPPIY
a
RESOLUTION NO. 2OOO.O38 _ COMPLIANCE WITH CONDITIONS
Resolution No. 2000-038 listed fourteen (14) conditions of approval' AJI 9.f 1le
information include herein satisfies those'conditions' In the case where individual
documents are required, I have included four (4) copies of those documents for your
review. A majority of the conditions are referenced within the Final Plat submittal
documents, as listed above. The following conditions and a reference to compliance of
those conditions are listed as follows:
condition 2. TheFinal Plat shall reflect a fifteen (15) foot wide utility easement along
9O9 Colonado Avenue o Box 227 1 o
(e7o) s45-1337 o FAX
Glenrnzood SPnings,CO 81 6Oa
(97O) 345-7914
Esther Court , as requested by Public Service and U.S. West.
Fifteen (15) foot wide utility easements are noted on the Final Plat.
Condition 3. Increased historic runoff from the property shall be prohibited.
Historic runoff will be detained on-site. Reference letter from Jeff
Simonson, P. E. of SGM, Inc. regarding site drainage is included in
the Appendix.
Condition 4. One (1) accessory dwelling unit is approved on Lot 6 provided the applicant
complies with the provisions of Section 5:03.21 of the Garfield County
Zoning Resolution of 1978, as amended. No guest house will be permitted
on Lot 4 without first obtaining a Special Use Permit
Language regarding an accessory dwelling unit on Lot 6 and a guest
house on Lot 4 are located in Section 3.1 of the Covenants.
Condition 5. All geology related recommendations made by Hepworth-Pawlak, the
Colorado Geologic Service and Wright Water Engineers shall be complied
with.
Applicant will comply with those recommendations. Those
recommendations are included either in the Covenants or on the
Construction Drawings.
Condition 6. The existing driveway accessing Highway 6 shall be improved to County
subdivision standards including: 1) It shall become a publicly dedicated
but privately maintained right-of-way;2) It shall be named on the final
Plat and 3) it shall be configured to have a 50'radius and be widened to
sixteen (16) feet of chip/seal pavement.
The existing driveway (Katie Court) will be publicly dedicated and
will be improved to County standards. Refer to Final Plat and
Construction Drawings.
Condition 7. Wright Water Engineers comments regarding the water supply and water
System shall be conditions of approval as follows: 1) A microscopic
particulate analysis test shall be conducted for the well water supply 2)
Section 20.1 of the covenants shall reference the West Divide Water
Conservency District water allotment contract. The results of the water
Quality and the need for individual water treatment facilities shall also
be included in the section; 3) Reference to the WDWCD allotment contract
and 6,000 square feet of irrigation shall be removed from Section 20.2. This
section shall provide initial rules and regulations for use and operation
Of the irrigation system; 4) The well permit issued for the project (53426-
F) is based on the WDWCD's substitute water supply plan. A water court
approved augmentation plan will ultimately be required for the well. The
applicant shall include this cost in the Subdivision Improvement Agreement
or indicate in Section 20.1 of the covenants that the lot owners are
responsible for this cost with the WDWCD when it arises; 5) Although the
well permit allows for outside inigation (6,000 square feet per lot), the
potable water system is not designed for outside irrigation and the
covenants shall prohibit such uses in Section 20.1 and 20.2; 6) The
applicant shall consider a disinfection treatment system using liquid
chlorine rather than gaseous chlorine; 7) the well water quality shall be
tested for nitrates on an annual basis. This shall be included in Section 20.1
of the Covenants.
Compliance with the aforementioned conditions, referenced by
number, are listed as follows:
A microscopic particulate analysis (MPA) is included in the
Appendix.
Reference to West Divide Water Conservancy District water
allotment contract, water quality and need for individual
treatment facilities are referenced in Section 20.1 of the
Covenants.
The reference to the WCWCD allotment contract allowing 6,000
square feet of irrigation uses has been removed from Section 20.2
of the Covenants. Initial rules and regulations for use and
operation of the irrigation system are included in Section 20.L of
the Covenants.
In the event that a court approved augmentation plan is required,
those costs will be borne by the lot owners in the subdivision. That
Ianguage is reference in Section 20.1 of the Covenants.
Section 20.1 and 20.2 reference the prohibition of domestic water
for outside irrigation use.
1)
2)
3)
4)
s)
6) The disinfection system for the central water system has been
modified from a gaseous chlorine system to liquid chlorine.
Reference Sheet 10 of the Construction Drawings for details.
7) Section 20.1 of the Covenants states that well water quality be
tested for nitrates on an annual basis.
Condition 8. The Dunbars' easement shall be legally described and shown on the Final
Plat.
The Dunbars' easement is shown on the Final Plat and is further
described on an access easement agreement between the Smiths' and
the Dunbars'. The agreement is attached in the Appendix.
Condition 9. Wright Water Engineers comments concerning the ditch shall be
conditioned as follows:
The Lower Cactus Valley Ditch easement shall be dedicated to the Grand
Valley Ditch Company with a formal Easement Agreement or otherwise
accepted in writing by the ditch company, whichever may be the
appropriate legal course of action.
The access easement for the Lower Cactus Valley Ditch is noted on
the Final Plat and also recognized in an Access Agreement between
the Smiths'and the Grand Valley Ditch Company. The agreement is
attached in the Appendix.
Condition 10. All individual sewage disposal systems shall be designed by a Colorado
Registered Professional Engineer. The use of Evapotranspiration
Absorption sewage disposal systems (ET) shall be discouraged.
Section 7 of the Covenants references the discouragement of ET
sewage disposal systems and also states that all individual sewage
disposal systems shall be designed by a Colorado Registered
Professional En gineer.
Condition 1 1. Wright Water Engineers recommendations conceming drainage shall be
conditions as follows:
1. The existing drainage system shall be shown and it shall be
demonstrated how the proposed system fits in with the existing system.
A letter from Jeff Simonson, P.E.' SGM, Inc. that addresses the
subdivision drainage in relationship to the drainage system adjacent
to Highway 6 is included in the Appendix.
2.The submifial does not indicate if the applicant or the future lot owners
will construct the individual detention ponds. A drainage easement
shall be shown on the Plat for these ponds. If constructed by lot
owners, then the engineering criteria for the pond shall comply with
the County Regulations and the Master Drainage Plan for the project
shall be indicated on the Plat. A Colorado registered professional
engineer shall design the ponds.
The drainage pond on Lot 3 will be constructed by the applicant
and maintained by the Homeowners Association. The drainage
pond on Lot 5 wilt be constructed by the applicant but will be
maintained by the individual lot owners since the detention pond
will collect drainage only from Lot 5. Drainage easements for the
pond on Lot 3 are indicated on the Final Plat.
The covenants shall indicate that the HOA and/or individual lot
owners are lesponsible for maintaining a functional detention basin (s).
Section 2.2.5 of the Covenants indicates that drainage ditches and
structures are to be managed, controlled and maintained by the
Ukele Acres Homeowners Association.
1.A section shall be added to reflect the Sheriff s concem that all
roads and street addresses be clearly marked and visible from the
right of way.
Referenced in Section 15 of the Covenants.
Shall reflect that that one (1) accessory dwelling unit may be
allowed on Lot 6 but that is shall not exceed 1,500 s.f. and may
not be sold as a separate interest.
Referenced in Section23 of the Covenants.
The purpose/philosophy of xeriscaping methods shall be explained
and xeriscaping methods shall be encouraged for geotechnical
reasons.
J.
Condition 12. Applicable fees shall be paid prior to recordation of the Final Plat.
All applicable fees will be paid, by the applicant, prior to
recordation of the Final Plat.
Condition 13. The covenants shall be amended as follows:
2.
-1-
Referenced in Section 22 of the Covenants.
Section 22 shall state that due to the potential for settlement
differential movement, and ground*ut., conditions on the pro.i..t,
site specific geotechnical studies shall be conducted for property
foundation design.
This condition is referenced in Section 22 of the covenants.
Section 7 shall include a specific ISDS management plan.
Section 7 references an ISDS management plan.
Language shall be included that reminds landowners that it is their
responsibility, according to the Colorado Noxious Weed Act, to
manage any County Noxious Weeds that are on their property.
Management of noxious weeds on roadway, drainage ditches and
common areas shall be addressed and responsibility for this shall
be designated.
Section 21 of the Covenants addresses this condition.
Section 21 Lighting shall be amended so that the second sentence
reads " shall be directed downward and towards the interior of the
subdivision".
section 21 has been amended to reflect that aformentioned
provision.
The following plat notes shall be shown on the Final plat (some of these
notes are in the covenants but shall be duplicated on the plat ).
Plat notes I through 11, as referenced in Resorution 2000-03g, are
shown on the Final Plat.
A stand pipe will be placed adjacent to the ditch, to allow fire protection
back-up in the sufltmer months. The stand pipe will meet the
specifications necessary to be used by the Burning Mountain Fire District.
A stand pipe has been included and is located on the west end of the
cul-de-sac (Esther Lane). The stand pipe is connected to the raw
water irrigation system. The stand pipe was moved to the interior of
4.
5.
6.
7.
Condition 14.
Condition 15.
6
the subdivision because the dry hydrant would be more accessible and
closer to the residential structures.
This information should satisfii the necessary requirements for Final Plat. Please review
this information and the attached submittals. If you need additional information or have
questions, please feel free to contact my office. We look forward to finalizing this land
use application.
Sincerely,
)L L. aP
John L. Taufer, Owners Representative
Attachments
DECLARATION OF
PROTECTIVE COVENANTS
DECLARATION OF PROTECTIVE COVENANTS
UKELE ACRES SUBDIVISION
LOCATED IN GARFIELD COUNTY, COLORADO
Know all men by these presents that Jean M. Smith and Ronald W. Smith, being the owners of
Ijkele Acres Subdivision located in Garfield County, Colorado, and being desirous of protecting
property values and the health, convenience, welfare, and use of the owners of lots therein, does
hereby declare and adopt the following Restrictions, Covenants, and Conditions, each and all of
which shall be applicable to and run with the lots in Ukele Acres Subdivision as the same appear
upon plat thereof filed for record on 2000, as Document No.
in the office of the Garfield County Clerk and Recorder, said Restrictions, Covenants, and
Conditions being as follows:
l. Definitions. As used in these Protective Covenants, the following words, terms, and letter
designations shall have the following meanings:
l.l "Subdivision" shall mean Ukele Acres Subdivision
1.2 "Association" shall mean the Ukele Acres Homeowners Association.
L3 ulot" shall mean a lot in the Subdivision.
1.4 "Owner" shall mean the owner of a lot in the Subdivision.
1.5 'ACC" shall mean the Architectural Control Committee for the Subdivision.
1.6 rtAct'r shall mean the Colorado Common Interest Ownership Act, C.R.S. Section
38-33.3-l0l et seq.
1.7 "Declarant" shall mean Jean M. Smith and Ronald W. Smith, the property owners
and Developers of Ukele Acres Subdivision.
2. Ukele Acres Homeowners Association.
2.1 The Association shall at all times be a nonprofit corporation organized under the
laws of the State of Colorado and kept in good standing. Each Owner shall
automatically become a nrember of the Association.
2.2 The purpose and powers of the Association shall be as set forth in its Articles of
Incorporation, Bylaws, and the Act and include, but are not necessarily limited to,
the management, control, atrd maintenance of:
Ukele Acres Subdivision Protective Covenants Page I of20
2.2.1 Water systems for domestic potable water supply and irrigation or raw
water supply, including but not limited to wells, water storage tanks,
pumps, pipes and distribution lines, and fire hydrants;
2.2.2 Roadways within the subdivision, excluding private driveways;
2.2.3 Easements for utilities, ingress, and egress as platted;
2.2.4 Drainage ditches and structures; and
2.2.5 All other common elements designated in the plat of the subdivision.
The Association may assign its future income, including its rights to receive
common expense assessnrents, upon an affirnrative vote of the majority of the lot
Owners at a meeting called for suclt purpose.
During the period of Declarant control, as described in paragraph2g below, the
Declaiant shall have the right, pursuant to Section 38-33.3-303(5) of the Act, to
appoint and remove officeis of the Board of Directors of the Association. In the
event the Declarant surrenders such right, it rnay require, by separate recorded
instrument, that certain Association actions shall nonetheless require Declarant
approval to become effective.
The Association shall have one (l) class of voting membership. Owners of lots
shall be entitled to one (1) vote as Association members for each Lot owned. In
the event there are multiple owners of a Lot, the Owners shall designate in writing
one ( I ) of them as the voting representative who shall cast the vote on behalf of
all said lot Owners at any Association meeting. Such representative shall be the
only person entitled to issue proxies on behalf of the lot whose Owners he
represents.
The Association shall have the right to enter into agreements with Property
Owners outside the boundaries of the Subdivision relating to utility, access, and
other easements which it deems necessary.
J.Limitations on Structures: Single Family Residential Use Only. The property in the
Subdivision is intended to be developed solely and exclusively for single-family
residential purposes, with all structures designed to blend into and complement the
natural surroundings.
Except for Lot 4 and Lot 6, no more than one (l) detached single-family dwelling
shallbe erected upon any lot, inclusive of an attached or detached garage for no
more than lour (4) automobiles, and except for such other building(s) for
recreational functions, work shop, vehicle storage, guest quarters, or other uses as
are approved by the Association and the ACC and are in accordance with Garfield
County Regulations. One (l) accessory dwelling unit is permitted on Lot 6
2.3
2.4
2.5
2.6
3.1
Ukele Acres Subdivisron Protective Covenants Page2 of 20
3.2
3.3
3.4
3.5
3.6
provided that the Applicant complies with the provisions of Section 5.03.21of the
Garfield County Zoning Resolution of 1978, as amended. A guest house, on Lot
4, will not be pernritted without first obtaining a Special Use Permit from Garfield
County.
No dwelling or structure shall be constructed outside any building envelopes
shown on the plat of the subdivision, without prior approval by the ACC.
No building or structure intended for or adapted to business, commercial, or
manufacturing purposes, nor any multi-family dwellings, shall be erected, placed,
maintained, or permitted upon any lot.
All structures shall be situated on each lot in accordance with approval by the
ACC. Unless varied by the provisions of Paragraph2l.4 hereafter, no structure
on any lot shall be constructed closer to any side or rear lot line or any front lot
line than the standard established under applicable Garfield County codes. In
siting of structures, the ACC shall approve its location with as minimal impact on
neighboring lots as possible.
No structures shall be placed or located on any lot in such a manner that will
obstruct, divert, or otherwise alter the natural water drainage courses and patterns.
In any event no structure shall be placed in the bottom or mouth of natural
drainages and ravines. Likewise, no landscaping, driveways, or changes to the
existing terrain shall be made which shall obstruct, divert, or otherwise alter such
drainage.
The minimum size of each primary residential structure erected shall be not less
than eighteen hundred (1800) square feet of finished living space exclusive of
basements (walkout or not), of open porches, garages, carports, or accessory
buildings and structures.
No structure shall be permitted on any lot which violates or does not conform to
any standard established under applicable Garfield County codes. The ACC may
in its sole discretioh further restrict the height or elevation of structures as to not
obstruct the view plane of the other Owners. The ACC may adopt and enforce
such additional architectural controls as it deems appropriate from time to time.
No building shall be erected by means of other than new construction, it being the
purpose of this covenant to ensure that no buildings will be moved from previous
locations and placed upon a lot, and that no building or structure originally
constructed as a mobile or rnodular dwelling or structure rnay be moved onto a
Lot. No structure shall be placed or erected upon any lot which is, ever has been,
or could be made the subject of a specific ownership tax as now defined in Title
42 of the Colorado Revised Statutes, nor shall structures constructed in a fashion
and manner as mobile homes be allowed.
3.7
3.8
Ukele Acres Subdivision Protective Covenants Page 3 of20
3.9 All structures shall have as exterior materials brick, stone, lumber, stucco, or a
combination thereof, as approved by the ACC. Preference shall be given to stone
and stucco. Colors shall be earth tones or other complementary colors that are in
harmony with the naturat environment and other structures in the Subdivision.
The use of cinderblock on exterior surfaces shall not be allowed unless it is faced
with another material herein approved. AIl roofs shall be finished with approved,
non-combustible roofing materials. Wood shake shingles are specifically
prohibited. United States Forest Service and Colorado State Forester Wildfire
Prevention guidelines shall be incorporated into residential site planning and
design.
3.10 Each structure shall be completed within one (l) year from date of
commencement of construction.
3.1I Except as provided in paragraph 28, no lot or portion thereof may be used for
access easement or right of way to another lot within the subdivision, or to real
property outside the subdivision.
Resubdivision Prohibited. The resubdivision of a lot by an individual lot Owner other
than the Declarant is prohibited. Boundary line adjustments which do not result in the
creation of additional lots shall not constitute resubdivision, and may be made if
approved in writing in advance by the Association in its sole discretion.
Existing Foliage: Wildfire Prevention. The existing foliage, trees, and vegetation on
each lot shall be preserved in as near a natural state as possible. However, consideration
must be given to the United States Forest Service and Colorado State Forester Wildfire
Prevention guidelines. In particular, except for low ground cover, such as mowed grass,
all vegetation within ten (10) feet of the structure shall be removed. Brush or trees within
thirty (30) feet of residences shall be thinned, if practicable without adversely
diminishing the natural aesthetics of the lot, so that remaining clumps are no more than
then (10) feet wide.
Utility Lines: Propane Tanks. No gas lines, Iight and power lines, telephone lines,
television cable or other utility lines shall be permitted unless said lines are buried
underground at the Owner's expense and out of sight from their primary source at the lot
line to the dwelling. Propane tanks shall be shielded from view by structures approved
by the ACC.
Sewage Disposal. All sewage shall be disposed of by means of an individual sewage
treatment facility or septic tank and leach field approved by the state and local health
agencies having jurisdiction thereof. The use of Evapotranspiration Absorption sewage
disposal systems @T) shall be discouraged. Sewage disposal systems shallbe designed
by a prolessional engineer registered in the State of Colorado, Each lot owner shall be
responsible for design, construction and perpetual maintenance of their own individual
septic disposal system. The septic tank shall be pumped periodically at a minimum of
one (l) time per year and inspected annually. Lot owner shall maintain good drainage
4.
5.
6.
7.
Ukele Acres Subdivision Protective Covenants Page 4 of20
9.
around the leach field at alltimes, avoid planting anything but grass near the septic
system, and avoid operating heavy rnachinery over any part of the system. Lot owner
sirall avoid disposal of garbage arrd hazardous household chemicals into the septic
systent.
No Temporary Structures. No structures of a temporary character, including trailers,
.fr"ar, rfrr"ks, ga.ag"s, barns, or any other outbuildings of any description shall be used
on any lot, excipt on a temporaly basis not exceeding nine (9) months by the Owner or
contractor during constructlng a dwelling on a Lot. Compliance with the Garfield County
Regulations is required with respect to any such temporary structures.
No CommercialUse. There shall not be permitted or maintained upon any lot or any part
tn.*"f -y trade, business, or industry, except "in-house or cottage business" whose
employees are linrited to the imrnediate family of the owner, No outside signs regarding
ury ,utn business may be posted. Owners may rent or lease a dwelling for residential
pu.po.", when not required for the Owner's use, provided that renting or leasing must be
iorit," entire dwelling. No apartnrer)ts or other divisible portion of the dwelling shall be
utilized by anyone otiier than the Owner and Owner's family and guests, and any such use
shall be dlemed a commercial use and subject to immediate injunction by the Association
or other Owners. Any use of a Lot which creates substantially more traflic, or traflic at
difilerent hours of the day than normal residential use, is prohibited and tnay be enjoined
by the Associatiorr or other Owners'
Wildlife. The Colorado Division of Wildlife ("DOW") has identified the Ukele Acres
Subdiuirion as range for lnule deer and elk. Based on recommendations of the D.O.W',
the following restrictions are imposed on lot owners:
l0.l Lot owners are required to enclosed and keep secure haystacks at all times.
Haystack fencing shall consist of mesh game-proof fencing at least eight-feet
(8') high.
lO.Z All other fencing, excluding dog runs and kennels, shall be a maximum of forty-
two inches (42") in height.
lO.3 Lot owners shall hold the DOW harmless from any loss of ornamental trees,
shrubs, and other landscaping that may be damaged by wildlife.
10.4 The Homeowners Association may change these rules and regulations, and may
issue additional rules and regulations, if required by revised regulations from
the DOW.
Fences and Hedges. The ACC must approve in advance the type and location of all
fbr*trg prtor to installation. Fencing shall be in architectural harmony with the main
dwelliig and out-buildings, and with the land and surroundings. Fencing shall be limited
to that ieasonably necessary for gardens, kennels, animal enclosures, or other elements on
the Lot. Preference shall be given to open fencing which does not obstruct views.
l0
11.
Ukele Acres Subdivision Frotective Covenants Page 5 of20
Fencing shall comply with Colorado Division of Wildlife requirements set forth
elsewhere in these covenants.
12. Animals.
li..l Horses and Farm Animals. Lot owners may keep up to two horses per Lot, except
fo, f-ot q *t i"t, nray have three horses and Lot 6 which may have four horses.
Lot owners may kelp up to two farm animals such as sheep or goats per Lot,
provided that farm animals may be kept only for non-commercial purposes, for
example in connection with 4-H or similar programs, and only if approved in
advance in writing by the association. All horses and farm animals shall be
maintained underlhe control of the owner at alltimes and shall not create a
nuisance, excessive noise or noxious odor. All horses and farm animals shall be
kept in enclosures approved by the ACC. The owner shall keep all animal
.ntlorur.r and Lots reasonably free of animal waste at all times.
12.2 Dogs. Lot Owners shall be entitled to keep a maximuln of one dog on each lot.
Dog-ownership shall be subject to the following restrictions and limitations:
lZ.Z.l A dogs shall be kept under the control of the Owner at all times and
shall not be permitted to run free or to cause a nuisance in the
Subdivision. No dog shall be allowed beyond the boundaries of the lot
owned by the p"rront where the dog is housed unless accompanied by
a person in full control of such dog.
lZ.Z.Z Dogs shall not be allowed to bark continuously, which shall be defined
as barking for a continuous l0-minute period or continual
intermittently for over I hour.
12.2.3 Dogs shallbe leashed, chained, fenced, "electric fenced," kenneled, or
undlr control of the owner, which shall mean that the dog does not
leave the boundaries of the lot or house at all times. Metal fencing
will be allowed for the purposes of kenneling a dog. Location and
design of kennels shall be subject to review of the ACC'
12.3 penalties. The Association may assess and enforce civil penalties against Owners
violating the restrictions applying to dogs and other animals as follows: One
Hundrel Dollars ($100.00)for the first violation; Two Hundred Dollars ($200.00)
for the second vioiation; Three Hundred Dollars ($300.00) for the third violation;
and for each succeeding violation the fine increases in One Hundred Dollar
($100.00) increments. Should any dog chase or molest deer, elk, or other pets or
persons, or destroy or disturb property of another, the Association shall be
authorized to prohibit the proferty O*n". or resident from continuing to maintain
the offending animal on his property and may dispose of that animal, if necessary,
to protect *itatif. or other t)*n".'r pets, persons, or property. The offending dog
owner shallbe provided written notice of such action at least two (2) days before
Ukele Acres Subdivrsron Protective Covenants Page 6 of20
l3
disposal occurs. Within such two-day period,.the offending dog shall be kenneled
at a licensed kennel. All charges associated with action taken by the Association
nray be o.r"rr",l agailtst eithef tfie lot Owtter and/or tfte dog owner' or both' at the
Association's sole oPtion'
12.4 Notwithstanding the foregoing, no animal may be kept within a lot or residence
which, in the go"oa-Aitn jrag,rent of the Association Board of Directors, results
in any unnoyu"n". or are tb,ro*iout to residents in the vicinity or to lot Owners
within the subdivision. Except as expressly limited herein, domestic animals may
be further restricted pursuant to any rules and regulations which may be
promulgated by the Association Board of directors, without requirement to amend
these covenants.
12.5 The ACC may require any Owner to remove any animal if in the opinion of the
ACC, lands, inrtuding lands within the Owner's lot, are deemed an erosion
problem due to excessive abuse or any animal coltstitutes an annoyance to the
Owners of Neighboring lots.
Maintenance of Property'
13.1 The owner of each lot shall keep the same clear and free of rubbish and trash
and shall keep the structures theieon in good repair doing such maintenance as
may be required for this Purpose'
13.z No noxious or offensive conduct or activity shall be carried on upon any lot or
in any structure thereon which may constitute a health hazard, nuisance, or
annoyance to the neighborhood'
13.3 In the event clothes lines, equipment, garbage cans, service yards, w-oodpiles, or
storage areas are not screenld from view by natural elements the ACC may
require screening by planting or construction to conceal the same from view of
neighboring lots and streets.
13.4 The outside burning of any trash, rubbish, or other materials shall not be
permitted at any tiie. Standard and approved -outdoor
barbecues and fireplaces
't,uttb.allowedforthepreparationoffoodstuffsonly.
13.5 No open-hearth, solid fuel fireplaces are allowed anywhere within-the
subdivision. One (l) new solid-fuet burning stove, as defined by C I S 25-7'
401, et ul , anathe regulations promulgated thereunder, shall be allowed in a
dwelling unit. All dwelling units shall be allowed an unrestricted number of
natural gas burning stoves and appliances'
Ukele Acres Subdivision Protective Covenants PageT of20
14.Vehicles.
14.l AII motor vehicles on a Lot must be currently licensed and operational unless
fully enclosed within a garage or shop.
14.2 No more than one vehicle, boat, camper, trailer, snowmobile, or other such
recreational vehicle or device shall be stored or pbrmitted to remain for more than
three (3) continuous days on any lot unless the same are stored in a garage or
screened from view, unless otherwise approved in writing by the Association,
Signs. No billboards, signs, or other advertising devices of any nature shallbe erected,
pfia, maintained, or pirmitted, provided that this restriction shall not be construed to
prevent appropriate name and address signs and signs that advertise property for sale or
ient insof'ai asit is necessary to promote the sale and development of such properties.
Approved numbers, names and addresses shall be placed on all new structures or in such
a position as to be plainly visible and legible from the street fronting any lot. Street and
road signs shall be tlearty marked and visible from right of ways. The Association shall
maintain all street and road signs in good condition.
Assessments. Collection. and Enforcement.
l6.l Assessments. All lot Owners shall be obligated to pay any periodic or special
assessments lawfully inrposed by the Board of Directors of the Association. To
the extent the Assoiiation is responsible therefor, assessments may be lawfully
imposed for any items of common expense which may include, without
limitation, the provision of domestic and irrigation water to the lots; expenses
and costs of maintaining, repairing, and plowing of roads within and accessing
the Subdivision; expenses of the ACC; and insurance, accounting, legal and
other proper functions of the Association. The Board of Directors may establish
contingency and reserve funds for the maintenance and improvement of the
roadways ind other anticipated costs and expenses of the Association to be
incurrei in pursuit of its purposes. Contingency and reserve funds shall be in
such arnountr u, the Boaid of Directors deems necessary and appropriate for the
aforesaid purposes. Each owner shall be required to pay his prorata portion of
these funds. As used herein, an Owner's prorata portion of common expenses
shall mean a fraction formed by the number of lots purchased and held by the
lot Owner (numerator) and the number of lots in the Subdivision (denominator).
The Board of Directors shall have the right to levy and assess against all of the
Owners special assessments for such purpose or purposes, in accordance with
this Declaration, or the Articles or Bylaws of the Association, as may be
necessary. Any such special assessments shall be paid by the Ownel_s obligated
to pay such asiessments and shall be due and payable as determined by the
Board of Directors.
16.2 Lien for Nonpayment of Assessments. All sums assessed by the Association,
including without limitation the share of common expense assessments
15.
16.
Ukele Acres Subdivision Protective Covenants Page 8 of20
chargeable to any lot Owner, any fines, charges, Iate charges, penalties, attorney
fees, and interest which may be levied on a lot Owner, and unpaid utility fees
and assessments charged to a lot Owner shall be the personal obligation of the
lot Owner at the time such assessment or charge becomes due. Such obligation
may not be passed to a successor in title, unless expressly assumed by the
successor, and such assulnption is approved by the Association. All sums shall
also constitute a continuing lien against such lot superior (prior) to all other
liens and encumbrances, excepting only:
16.2.r Liens for real estate taxes and other assessments against the lots in
favor of any governmental assessing unit.
16.2.2 All sums unpaid on a first mortgage, deed of trust or other
encumbrance of record, including any unpaid obligatory sums as
may be provided by encumbrallce, except the lien shall have
limited priority over such first mortgage, deed of trust, or other
encumbrance as provided by the Act.
16.2.3 Liens and encumbrances recorded before the recordation of the
Declaration, except as otherwise provided herein or by the Act.
If an assessment is payable in installments, each installment shall also constitute a
continuing lien from the date it becomes due, including any valid acceleration date.
16.3 Waiver of Homestead Exemption. Each Owner hereby agrees that the
Association's Lien on a lot for assessments as lrereinabove described shall be
superior to the Homestead Exemption provided by C.R.S. 38-41-201et seq.,
and acceptance of conveyance in regard to any lot within the Subdivision shall
signify such grantee's waiver of the homestead right granted in said article of
the Colorado statutes.
16.4 Penalties: Notice of Lien. If any assessment shall remain unpaid after thirty
(30) days after the due date thereo{, such unpaid sums shall bear interest from
and after the due date thereof at the nraximum rate of interest permitted by law,
or at such a rate as is determined by the Board of Directors. The Board of
Directors may impose late charges, fees, or penalties on such defaulting Owner
as may be established by the Board. In addition, the Board of Directors shall be
entitled to collect reasonable attorney's fees incurred in connection with any
demands for payment and/or collection of delinquent assessments. To evidence
such lien, the Board of Directors shall prepare a written notice setting forth the
amount of such unpaid indebtedness, the name of the Owner of the lot, and its
legal description. Such a notice shall be signed by one (1) member of the Board
of Directors and may be recorded in the oflice of the Clerk and Recorder of the
County of Garfield, Colorado.
Ukele Acres Subdivrsron Protective Covenants Page 9 of20
17.
16.5 Foreclosure: Release of Lien. Such lien may be enforced by foreclosure of the
O"AJiing O**rb lrt by the Association in like manner as a mortgage on real
property, upon the recording of a notice of claim thereof. In any such
ioreclosure, the Owner shallbe required to pay the costs and expenses of such
proceedings, the costs and expenses for filing the notice or claim of lien, and all
ieasonable attorneys' fees. The Owner shall also be required to pay to the
Association any additional assessments against the lot during the period of
foreclosure, an-d the Association shallbe entitled to the appointment of a
receiver to collect the same. The Board of Directors, for the Association, shall
have the power to bid on the lot at foreclosure sale and acquire and hold, lease,
mortgage, and convey the same. The Association, at its election, and in addition
to any other remedies it may have at law or in equity, may also sue an Owner
personally to collect any monies owed the Association. Any recorded lien for
nonpayment of the common expenses may be released by recording a release of
lien executed by a member of the Board of Directors.
Enforcement of Covenants and Restrictions'
17.l Right of Action. The Association, acting by and through its Board of Directors,
rh"tt h""" th".ight to prosecute any action to enforce the provisions of all of
these Covenants by injunctive relief, on behalf of itself and all or part of the
Owners of the lands within the Subdivision. In addition, each Owner of the
land within the Subdivision, including the Association, shall have the right to
prosecute any action for injunctive relief and for damages by reason of any
violation of these Covenants. The prevailing party in any enforcement action
shallbe entitled to an award of its reasonable costs and attorneys'fees' After
thirty (30) days'written notice to any Owner of a violation of these Covenants,
and ihe Owner's failure to eliminate or cure said violation, the Association, in
addition to the other remedies set forth herein, nray levy a fine of $50.00 per day
every day the violation exists or continues after the expiration of said thirty-day
period.
Limitation of Actions. In the event any construction or alteration or landscaping
*ort ir
"ommenced
upon any of the lands in the Subdivision in violation of
these Covenants, and no action is commenced within one (l) year thereafter to
restrain such violation, then injunctive or equitable relief shall be denied, but an
action for damages shall still be available to any party aggrieved. This one-year
limitation shall not apply to injunctive or equitable relief against other violations
ofthese Covenants.
17.2
18.Easements Shown on Final Plat. The Association is entitled to use such easements as are
."n".t"4 on the Final Plat for the Subdivision and that are conveyed to it by deed. Except
by agreement with an Owner, the Association shall have no obligation to pay any amount
for ihe use and enjoyrnent of such easements. The Association shall pay for the cost of
maintaining and repairing irnprovements which it places on any easements.
Ukele Acres Subdivision Protective Covenants Page l0 of20
18.1
18.2
18.3
Water Supply Systems and Easements. The Association is granted easements
for tlre construction, operation, maintenance, repair, and replacement Of wells,
pumps, pump houses, water storage tanks, water lines, and other facilities as
slrown on the Final Plat and the Subdivision Inrprovements Agreement and in
any deeds for the construction and location of facilities necessary to utilize such
water system.
Easements for Access. The Association may access all lots within the
Subdivision at reasonable times to determine compliance with the conditions of
approvals of the Subdivision granted by the Garfield County Commissioners
and the Association, and to determine and enforce compliance with all of the
provisions of these Covenants.
18.2.1 Easements and Rights-Of-Way. Easements and right-of ways for the
Lower Cactus Valley Ditch exist along the north boundary of Lots 6,
7, 8, and 9 as shown on the Final Plat and recorded documents
concerning the Ditch. The ditch company shall have unrestricted
access from all roads as shown on the Final Plat, and along the
Ditch, for proper maintenance and repairs of the ditch by authorized
personnel of the ditch conrpany and/or owners of water rights which
flow through the ditch. Lot Owners shall not restrict the flow of
water, siphon, pump, or by any means transport water from the Ditch
without written authorization frotn the Ditch company, owners, or
water right holders. Further, Association Members shall assist in
keeping ditches free of refuse and debris as is needed and shall
promptly contact the Ditch owners in the event of any leakage,
overflow or other detrimental occurrence relating to the Ditches.
18.2.2 No Easements and fught-of-wa)'s for Ingress' Egress, and Utilities
for Properties Outside the Subdivifu. No easements or right-of:
ways for ingress, egress, and utilities to serve properties lying
outside the boundaries of the subdivision shall be permitted, unless
agreed in writing by the Association and the Owners of any affected
Lots. In such approval is granted, the Association and/or Declarant
shall enter into specific written agreements or contracts with the
Owners of said properties prior to any construction or use, defining
the cost, responsibilities for maintenance, repairs, and replacements
relating to easements and right-of-ways.
Easements for Utilities. Easements and rights of way in perpetuity are hereby
reserved for the erection, construction, maintenance, and operation of wires,
lines, cables, pipes and conduits for electricity, gas, water (domestic and
irrigation), telephone, cable television and other utilities, together with the right
to enter for the purpose of installing, maintaining, repairing, replacing, and
improving the same along, across, upon, and through all roadway easements,
Ukele Acres Subdivrsron Protective Covenants Page 1l of20
19.
rights of way, and utility easements and rights of way as shown on the final plat
of the Subdivision.
Roadways. AII roadways in the Subdivision shall be dedicated to the public' Such
roadways shall be subject to an easement and right-of-way for ingress and egress for the
installation and maintenance of utilities as provided in Paragraph 18.3, above. The costs
for maintenance, repairs, and snow remorul thull be funded by fees collected as
urr"rrrn"nts by the Association as provided in the Bylaws'
Water Systems.
Domestic Water System. The domestic water supply shall be from a central
ffiofawell,storagetank,maindistributionlines,and
related facilities, which"shall be dedicated to the Association by the Declarant.
and which shall be operated by the Association. Declarant has obtained and the
Association shall maintain a water supply contract with the West Divide Water
Conservancy District for I I acre-feef p"i y"u'' Th9 yafr supply contract shall
be for domestic in-house use only. Such water shall be for domestic in-house
us" only, consistent *itt uny ,onditiont or limitations on water use contained in
ury *"il'p"rmit or *u,., rigits decree for the water supply. All domestic water
usl shall te metered by a rieter installed by and at the.expense of the Lot
Owner, subject to appioval of the Associaiiol before installation' Rules and
R.egulationi "on..,niirg
the use and operation of the water system may be.
adJpted by the a.ssociltiort to provide for the efficient and proper use and
-.
opeiation tf tn" system. The ieclarant has obtained a well permit (53426-F)
.
based on the West Divide Water Conservancy District's substitute water supply
ptan. ln the event an augmentation.plan appioved.by the Water Court should be
iequired, the Associatioi'will contribute for the Ukele Acres Subdivision a
proportional share in the cost of such augmentation plan'
20.1.1 Domestic water ouality. The Declarant has performed a water
quality un.rryrir * trr. smith well, the source of the domestic water
for the Subdivision. The results of the water quality analysis.
indicate that the parameters which exceed the limits for drinking
water r."onl*"nded by the colorado Department of Health and
Environment are sodiim, sulfates, dissolved solids, and hardness'
Some non-coliform bacteria is also present. All of the parameters
which exceed the recommended limits can be corrected by
conventional water treatment systems. The Declarant will provided
and the Association shall maintain a chlorination system for_the
smith well. Although the water will be safe for drinking after.
chlorination, it is recommended that the Owners of individual lots
install priuaie water softeners and/or reverse osmosis (RO) systems
to renne the water quality. The Association shall test the smith well
for nitrates on an annual basis'
20.
20.1
Ukele Acres Subdivision Protective Covenants Ptge 12 of20
21.
22
23.
20.2 Irrigation Water (raw. untreated. non-potable). Irrigation water supply shall be
fronr a central water systenr consisting of a pump and pipe from the Lower Cactus
Valley Ditch (operated by Grand Valley Ditch Conrpany) to a central storage
tank, rnain distribution lines, and related facilities, which shall be dedicated to the
Association by the Declarant and which shall be operated by the Association.
Declarant owns and shall dedicate to the Association 3.75 shares in the Cactus
Valley Ditch. Such water shall be for irrigation use only, and shall be consistent
with any and all conditions or limitations on water use imposed by the Cactus
Valley Ditch. Rules and Regulations concerning the use and operation of the
water system may be adopted by the Association to provide for the eflicient and
proper use and operation of the system consistent with applicable decrees and
contracts.
Lighting. All exterior lighting plans shallbe submitted to and approved by the ACC
before installation. All exterior lighting (with possible exceptions for lighting necessary
for safety) shall be directed downward and towards the interior of the Subdivision. Lot
Owners shall make every effort possible to limit the use and intensity of exterior lighting
at night. To the maximum extent feasible, light sources shall not be directly visible from
outside of the Owner's property. The intent of these restrictions is to preserve the rural
character of the Subdivision and not irrterfere with wildlife presence in the Subdivision,
by lirniting exterior lighting as much as possible while maintaining a safe atmosphere.
Mercury vapor and similar high intensity lights are expressly prohibited unless approved
by the Association and any Lot Owners who could see such lights from their houses.
Geotechnical Studies. Due to the potential for settlement, differential movement and
groundwater conditions, site-specific studies shall be conducted by each individual lot
owner to insure proper building and loundation design. It is recommended that building
foundations be designed by a Colorado Registered ProfessionalEngineer. Each
individual lot owner shall be furnished with a copy of the Preliminary Geotechnical
Study prepared by Hepworth-Pawlak Geotechnical, Inc., for the Ukele Acres
Subdivision. Lot owners shall familiarize themselves with the site and subsur ce
conditions associated with the site and shall follow the recommendations made in the
report.
Landscaping/Xeriscaping. All lot owners are encouraged to landscape their property
employing the philosophy of xeriscaping. Xeriscaping is the systematic concept of
saving water in landscaped areas. Lot owners are encouraged to exercise the following
xeriscaping fundanrentals for their property: (l) created practicalturf areas of
manageable sizes and select appropriate grasses; (2) select low water requiring plants and
group plants of similar water needs; (3) use soil arnendtnents like compost or manure; (4)
use mulches to reduce evaporatiorr and to keep the soil moist; (5) irrigate efficiently with
properly designed systems; and (6) maintain the landscape properly. Lots owners are
encouraged to contact tlie Colorado State Extension Office for more information on
xeriscaping fu ndamentals.
Ukele Acres Subdivrsron Protective Covenants Page 13 of20
25. Architectural Control Committee ("ACC")'
2s.l Formation and Composition of ACC. The Board-of the Association shall appoint
an fuchitectural control committee composed of three natural persons who may
also be directors of the Association, but need not be Lot Owners. The persons
serving on this Committee shall serve at the pleasure of the Board' which may
remove a member of the committee and appoint a new member at any time,
provided that there shall be at all times three persons on the Committee' The
ACC shall have and exercise all the powers, duties, and responsibilities set forth
in these protective Covenants or deLgated to in by rules and regulations of the
Board of Directors or bY law'
25.2 Approval Required. No structures or improvements of any kind, including' but
not lirnited tola*"tting houSes, garages, burnr, sheds, fences, swimming pools,
tennis "ornr,
priking"areas, dtlr""s, intennas, flagpoles, walks, animal enclosures'
or any other type of irnprovement, shall be constructed or altered on any lands
within the Subdivision, nor may any vegetation be altered or destroyed' nor any
landscaping performed on any traci, unless approved in advance by the ACC'
Three (3) co;;i;i. r"it of arcniteciural plani and specifications for such
construction, alteration, or landscaping shall be submitted to the ACC and
approved in writing prior to the comniencement of such work' All decisions of
the ACC shall be ii writing. One (l) set of plans and specifications shall remain
on file and shall become u p.rnrun.rl ,.rord of the ACC' If the ACC fails to take
any action within thirty 1:ti) days after complete architectural plans and
specifications for sucli*ork have been subrnitted to it, then all of such
architectural plans shall be deemed to be approved; provided, however'.tftat no
uses may be authorized or deemed approvid unless they comply with.all
applicable regulations of Garfield County and other governmental authorities' and
unless adequate water resources ur. uruiluble to sustain such use' This provision
is not to be'construed to require plans for the planting of gardens, flowers' or
decorative pi.nr, immediatiy adjoining the main dwelling or on decks and patios'
25.3 Building Permits. A Lot Owner may apply for a.building permit from Garfield
County o, otho governmental authority at any time, provid-ed, that the plan
subrnitted for the]building permit shall not differ materially from th9 qlun
submitted to or approu"Jby the ACC. If the plan submitted for building permit
approval differs in'any subsiantial respect, as determined by the ACC, then all
upproruts of the ACi shall be deemed automatically revoked, and the Owner
must submit amended plans for approval, "o,,",ponding
to those submitted to the
CountY or other entitY.
24.Noxious weed Management. All individual lot owners are responsible, according to the
Colorado Noxious Weed Act, to ..nug" any County Noxious Weeds that are on their
property. The Associati,cn is responsible foi management of noxious weeds on roadways'
l."inug! ditches, and all common areas in the Subdivision.
llkele Acres Subdivision Protective Covenants Page 14 of20
25.4 Standards. The ACC shall exercise its best judgment to see that all
i-pro,r"-"nts, construction, landscaping, and alterations on the land within the
Subdivisiol confoln to ald lrannonize with the natural surroundings and with
existing structures as to external design, materiats, color, setting, roof pitch,
height, topography, grade, and finished ground elevation. The ACC shall protect
the seclusion of eachhome site from other home sites as much as possible and
shall adhere to United States Forest Service arrd Colorado State Forester Wildfire
Prevention Guidelines. The ACC may adopt and enforce such additional
architectural controls as it deems appropriate from time to time.
25.5 Plans and Specifications. fuchitectural plans and specifications submitted under
Paragraph 2-1.1 hereof shall show the nature, kind, shape, height, materials, floor
ptan, Uuitaing elevations, location, exterior color scheme, alterations, grading, and
all other matters necessary for the ACC to property consider and make a
determination thereon. The applicant shall also submit a plan showing any
proposed landscaping or revegetation required to restore disturbed areas, together
*itt a schedule for the completion of such work. The ACC shall disapprove any
architectural plans submitted to it which are not sufliciently complete or detailed
for it to exercise the judgment required of it by these Covenants.
25.6 Variances. The ACC may grant a reasonable variance or adjustment of these
conditions and restrictions in order to overcome practical difficulties and prevent
unnecessary hardship arising by reason of the application of the restrictions
contained herein. Such variances or adjustments shall be granted only in case the
granting thereof shall not be materially detrimental or injurious to other property
or irnprovements of the neighborhood and shall not deFeat the general intent and
purpose of these Covenants.
25.7 Non-Liability. The ACC shall not be liable in damages to any person or
association submitting any architectural plans for approval or to any Owner by
reason of any action, failure to act, approval, disapproval, or failure to approve or
disapprove with regard to such architectural plans.
25.8 Initial Members. The initial members of the ACC shall be Jean M. Smith, Ronald
W. Smith, and S.J. McNulty. The initial address for the oflicial correspondence
with the ACC shall be 31947 Highway 6 &. 24, Silt, Colorado, 81652.
Insurance.
26.1 Not later than the time of the first conveyance to an owner other than the
Declarant, the Association shall obtain and keep in full force and effect the
following coverage:
26.1.1 Property insurance on the common elements as provided by the Act.
26.1.2 Commercial general liability insurance as provided by the Act.
26.
Ukele Acres Subdivrsron Protective Covenants Page 15 of20
26.1.3 Coverage for mernbers of the Board and ofiicers of the Association,
including committee members, against libel, slander, false arrest,
invasion of privacy, errors and omissions, and other forms of liability
generally covered in oflicers and directors liability policies.
26.1.4 Any additional coverage required by the Act or other laws or deemed
appropriate by the Board.
26.2 The Board of Directors, at its discretion or if otherwise required by law, may elect
to secure fidelity coverage against the dishonestly of employees, destruction or
disappearance of money or securities, and forgery. This policy shall also cover
persons who serve the Association without compensation. The Board of Directors
may maintain coverage against such other risks of a similar or dissimilar nature as
it deems appropriate.
26.3 Owners of all lots shall be required to obtain hazard and liability insurance against
accident or damage relating to the Cactus Valley Ditch, which borders the
Subdivision, and said Owners shall hold the Owners of the Ditch and water rights
harmless in the event of accident or drowning due to negligence on the part oithe
lot Owner or Owner's guests or invitees. However, this provision shall not
dinrinish responsibility of Owners and Shareholders of the Ditch from proper
maintenance and repairs of said ditches or any resulting damages to the
Association or its members and their property.
Covenants Run With Land. These Covenants are to run with the land and shall be
binding upon all parties and all personal claiming under thenr until the year 2025, at
which time said Covenants shall be automatically extended for successive periods of ten
(10) years unless by vote reflected by signed documents duly recorded by the majority of
the then owners it is agreed to change said covenants in whole or in part.
Termination of Covenants. These Covenants may be lawfully terminated pursuant to any
applicable laws of the State of Colorado and Garfield County, Colorado, and the
provisions herein contained.
Amendment of Declaration. Except for the right of the Declarant to amend this
Declaration or sections which give the Declarant rights, as specified herein or by law, this
Declaratiorl nlay be amended by the vote of sixty-seven percent (67%) of the uotes
entitled to be cast by the members of the Association, said vote to be cast at a meeting of
the members duly held. Any amendment shall become effective upon recordation,
provide a properly certified copy of the resolution of amendment is placed on record in
Garfield county, colorado, no more than six (6) months after said meeting.
Notice to Lot Owners. Written notice of matters affecting the Subdivision Association
shallbe sent to all unit owners by delivering such via regular first-class mail to the
27,
28.
29.
30.
Ukele Acres Subdivision Protective Covenants Page 16of20
31.
addresses of such owners. All Owners shall register with the Association an address for
J"ri"".y of such notice and shall timety notifr the Association of any change of address'
Limited Liability. The Association and the Board shall not be liable to any party for any
""tt", "r fb, "ry failure to act with respect to any matter if the action taken or failure to
act was in good faith without nralice. 'ih" O*n".s severally agree to indemnify the
Association and the Board against loss resulting from such action or failure to act if the
Association and the Board ,It.d or failed to act in good faith and without malice'
Development Rights and Special Declarant Rights. All development rights set forth in
ffi6etweentheDeclarintandanysubsequentowner.oflotsinthe
Ukele Acres Subdivision (hereinafter in this paragraph 28 referred to as the "Property")'
Nothing herein shall discharge the Declaranlor others exercising development rights to
obtain Iny ,eqri.ed app.o.ris from the appropriate governmental entities and comply
with any ana aftr.rolriionr, ordinances, iiatui"s, and la*s relating to the exercise of such
developnrent rights. irbject to all applicable laws and regulations, the Declarant hereby
reserves the following development;ights and other Declarant rights for exercise within
fifteen (15) years of the date of this Declaration'
Right to Add Property. The right to add real property and water rights to the
SrUairirion ard tL" essociation. Such additional property may include any
other unspecified property and water rights, excluding the area of the
Subdivision, whicir may be allowed by the law. The Declarant further reserves
the right to connect such additional property to utilities and the water system,
and tJ use existing roads ancl easements, for any and all purposes as established
in the Final Plat oid th.r" Covenants. Such additional property shall be subject
to the Covenants as established by a duly recorded anrendment hereto'
Right to Create Lots and Common fueas. The right to create, add, resubdivide
ffi,,,onandlimitedcommonelementswithinthe
Subdivision or on other property as allowed by law'
Voting. Each additional lot created and held in separate ownership shall be
allocaled one (l) vote in the Association. The relative allocations of common
expenses, and the number of votes required for approval of the Association
u.iion shall be adjusted accordingly bised on the new total number of members
in the Association.
Right to Amend/Supplement Declaration. Map. The right to amend or
@or map in connection with the exercise of its
development rights. Such antendrnents shall conform to the requirements o[the
statutes and this Declaration.
Rieht to Withdraw Property. The right to withdraw property from the.
-
Subdivision o, fro, *iudded property. The property subject to this right of
32.1
32.2
32.3
32.4
32.5
Ukele Acres Subdivision Protective Covenants Page l7 of20
withdrawal shall include the Subdivision, any water rights, and any other
property allowed by law.
32.6
32.7
32.8
32.9
32.10
32.11
Th" ttglrt t" fu,tt*r subdivide lots into common areas, or in whole or in part to
public-or private easements or rights of way. The property.to this right shall
Include the Subdivision and any other property allowed by law.
. The right to
@Subdivisionforcommercialorotherpurposesotherthan
residential.
Right to Complete Improvements and Maintain Sales Office. The right to
*rpl.t.th"* improvements indicated on the Final Plat and the Subdivision
Improvements agreenrent for the Subdivision, which are not complete as of the
date of these Covenartts and the right to maintain a sales office, model, or
management oflice witlrin the Subdivision, and/or on other property allowed by
law.
Activities of Declarant. The right to conduct certain activities which,
*t*ithttonding any provisions contained in these Covenants to the contrary,
shall include the righi to ntaintain a sales office, n'lallagement office, and other
sucS reasonably required, convenieltt, or necessary for the construction, sale and
management oiany lots and improvernents thereon. Such facilities may include
without lintitation a business office, storage area, coilstruction yards, signs,
model honte, sales oflice, construction oflice, parking area, and lighting and
temporary parking structures for all prospective purchasers of lots/homes'
Declarant reserves such right unto itself, its agents, enlployees, and contractees'
Easements. The right to use all easements shown or described on the FinalPlat
or conveyed to the Association in the Subdivision or on any other property
allowed by law, and to use such easements in Declarant's discretion may be
necessary to the exercise of thoSe right described in this section. Furthermore,
Declarant hereby reserves the right of ingress and egress in and through all lots
during the period of construction and sale of any lots for the purpose of any
na"atitry required or requested construction, maintenance' refurbishment, or
repair of ru"h lots or anypart thereof. Declarant reserves such rights unto itself
its agents, employees, and contractees.
Nghts Concerning Control of Association. The right to make the Association
*U;."t to a master association, or merge or consolidate the Association with
,noth", association of a similar nature or same form or ownership, wither such
merger be into an with an existing Association or a subsequently formed
Homeowners Association. The property subject to such rights shall include any
additional property, not herein described, as allowed bylaw'
Ukele Acres Subdivision Protective Covenants Page l8 of20
33.
34.
35.
36.
32.12 Use Agreements. The right to enter into, execute, amend, and otherwise deal
*ith "ontracts
and agreements for the use, lease, repair, maintenance, or
regulation of facilities'
32,|3 Other' Any other rights as allowed by statute or as may be reserved by
documents on record with the Garfieia County Clerk and Recorder'
Declarant Control. The period of Declarant conirol of the Association shall terminate
sixty (60) days after the ionveyance to the owners other than the Declarant of 75 percent
of the Lots.
Future Development. All persons purchasing lots in theUkele Acres Subdivision shall
take ownership subject to the development tlgf',,t of.the Declarant as herein set forth and'
as such, agree to not object to any a"r.tofrJnt of the Property as described in Paragraph
28 herein.
RightsTransferable.AnyspecialDeclarantrightoradditionalrightcreatedorreserved
under this Declaration for tfie benefit of the Diclarant may be transferred to any person
by an instrument describing the rights transferred and recorded in Garfield County where
the project is located. Such instrumenf shall be executed by the transferor Declarant and
the transferee.
Severability. The invalidation of any one of these Covenants by judgrn"lt g court shall
not affect any of the other provisiols which shall remain in full force and effect'
2000.
UKELE ACRES SUBDIVISION
J.." M Smith, OwneriDeclarant
no*ta W. Smith, Owner/Declarant
Dated:
Ukele Acres Subdivision Protective Covenants Page 19 of20
srATE OF COLORADO )
)SS
couNTY OF GARFIELD )
The foregoing DECLARATION OF PROTECTM COVENANTS was
subscribed and sworn to before me this
-
day of 2000, by Jean M. Smith
as Owner/Declarant of UKELE ACRES SUBDIVISION'
Witness my hand and oflicial seal.
My commission exPires:
Notary Public
srATE OF COLORADO )
)SS
coriNTY OF GARFIELD )
The foregoing DECLARATION OF PROTECTIVE COVENANTS was
subscribed and sworn to b-efori me this
-
day of .-, 2000, by Ronald W' Smith
as OwnerlDeclarant of UKELE ACRES SUBDIVISION'
Witness mY hand and official seal'
MY commission exPires:
Notary Public
Ukele Acres Subdivision Protective Covenants Page 20 of20
Pi hne
Small Community Wastewater lssues Explained to the Public
homeownets, you probably never give
much thought to what happens to what
goes down your drain. But if you rely on a
septic system to treat and dispose of yow
household wastewater, what you don't
know cau hurt you. Proper operation and
maiatenance of your septic system can
have a significant impact on how well it
works and how long it lasts, aud in most
communities, septic systern maintenance
is the responsibiliry of the homeowner.
tillry Mahhin Youn ty$tcm?
There are three main reasons whY
septic system maintenance is so important.
The first reason is nroney. Failing septic
systems are expensive to repair or replace,
and poor maintenance is a common cause
of early system failures. Tbe minimal
amouut of preventative maintenance that
septic systems require costs very little in
comparison. For example, it typically
costs from $3,000 to $10,000 to replace
a failing septic system with a new one,
compared to approximately $50 to $150
to have a septic system inspected, and
$150 to $250 to have it PumPed
The second and most important reason
6o rnaintqin your system is to Protect the
health of your family, your community,
and the environmenl When septic systems
fail, inadequately treated household
wastewater is released into the environ-
ment. Any contact with unneatedhuman
waste can pose significant health risks,
and untreated wastewater from faiiing
septic systerns can contaminate aearby
wells, groundwater, and drinking
water sources.
Chemicals improperlY released
tbrough a septic system also can pollute
local water sources and can contribute
to system failures. For this reason it is
important for homeowners to educate
themselves about what should and
should not be disposed of tluough a
septic system.
Finatly, the third rcason to slniltain
your septic system is to protect the
economic health of your community.
Failed septic systelrs can
caus€ prcperty values to
decline. Sometimes
building permits cannot
be issued or real estate
sales can be delayed for
these properties until
systems are repaired or
replaced. Also, failed sePtic
systems can contribute to the pollution
oflocal rivers, lakes, and shorelines that
your community uses for commercial or
recreational activities.
sEPTlc SYSTEM QUlz
"
. .: .:..,
Can you answer the following questions?,
'Where is your septic tank located? ;r',;1
. (seePage6) I'':",,,:;;,',i1
.How often should you have youf' :,j,...,.
septic system inspected? (see page 4)
. Does it help to add yeast to your ."'ilj
system? (see Page 4) - '.,.,,'.
. Do you know the last time your septic
tank was pumped? (see Page 6) 'f ::,r'
.How do household cleaners affect ::-.i':...
'., youl system?. gee oagg !)1r.,.1.,ffi
. How can you tell if your septic system
has failed? (see Page 2) : rii '-l,.;.li:
Even if you think you lcrow the ans-we9...
to all of these questions, you can, ,.,,i';l:',-'
probably leam something new abo.g! ".lii
septic system maintenance In thts j:$
ol Ppetine. For a quick reteience;,se-"e.;1
i# u!, "il"t;;i;;ili"i +pt'i =rc
Why Mar.ry tysEms Fal
Improper siting, construction, or desig!
often contribute to septic system failures.
But if your septic sYstem has been
properly designed, consm;cte4 and
installed, then you are the most likely
remaining threat to the health and
lougevity of your septic system. Fornr-
nately, it is easy to learn how to properly
operate and maintain a septic syste[L
This iszue of Pipeline focuses on
educating homeowners about propet
septic system operation and mainteDance.
Some of the topics include groundwater
pollution, system inspections, and the use
Continued on page 2
Septic system owners should be alert
to the following warning signs of a
failing systemi t,,
.Slowly draining sinks and toilets
.Gurgling sounds in the plumbing
.Plumbing backups
.Sewage odors in the house or yard
.Ground wet or mushy underfoot
.Grass growing laster and greener
in one particular area of the yard
.Tests showing the presence of
bacteria in well water
None of these warning signs can
\e considered a sure indicailon that
ystem has failed, but the appearance
-, one or more of them should Prompt
homeowners to have their systems
inspected. Septic system failures
also can occur without any of these
waming signals. For this reason, yearly
inspection of your septic system is
recommended and even required bY
some communities.
For more information about sePtic
slatem inspedions, see the afticle
beginning on page 6.1
heventing groundwater pollutiou from
failing septic systerns should be a priority
for every commuoiry. Contamination of
the groundwater source can lead to the
pollution of local wells, streams, lakes,
and ponds-exposing family, friends, and
neighbors to waterbrne diseases and
other serious health risks.
When a septic system fails, inadequately
ueated domestic waste can reach the
goundwater. Bacteria and vinrses from
human waste can cause dysentery
hepatitis, and ryphoid fevet Many serious
outbreaks of these diseases have been
caused by contaminated drinking water.
Nitrate and phosphate, also found in
domestic wastewater, can cause excessive
algae growth in lakes and streams called
algae blooms. These blooms cause
aesthetic problems and impair other
aquatic life. Nitrate is also the cause of
methemoglobinemia, or blue babY
syndrome, a condition that preveuts the
normal uptate of oxygen in the blood
ofyoung babies.
In addition, hazardous household
cbemicals like pains, varnishes, waste
oils, and pesticides pollute the ground-
water and should oever be disposed of
through a septic system. They can also
kill the microorganisms in the system that
break down the waste.
See the list of dob and donls for septic
systernn ovwe6 on page 5 for morc about
wlwt sllould and should rct be disposed
of in a septic tat* system I
5 Sepric system do's and don'ts
6 Pumping and inspecting youl
systenr-rrtrat to exPect , ,, i
6 How do household cleaners and
I
2
2
3
Groundwater Pollution
FffiEE POSTER!
A new poster titled, "Groundwater
Protection Begins at Home," is available
free from the National Drinking Water
Clearinghouse (NDWC). The poster lists
sources of hazardous waste in the home
and includes guidelines lor their safe
disposal in an easy-to-read tormat. The
importance of groundwater pollution
prevention is also explained. The poster
is a great relerence source for every ,..
home with a septic system.
1," To order " Groundwater ProtecTion '
Begins at Home," call the NDWC at
1800) 62+8301, and order ltem .
MAHIAIilil8 YOUR $PNG
TYSIEIi,I-A GUIIIE FtlR
noMmUltms
Continued from page 1
ofadditives and cleaners. The issue
also includes a handy reference list of
important septic system do's and don'ts
for homeowners.
You are encouraged to share, copy, or
distribute any infomationim Pipeline wirh
others in your communiry.The anicles can
be reprinted in local newspap€rs or
included in flyers, newsletters, and
educational presentations. We ask only
that you send us a copy of the reprinted
article for our fi"les.
Ifyouhave any questioru or requirc
funhcr informuion about any of thc topics
in this newslette4 pleose contact the
Natiorul Snnll Flows Clearinghouse
at (800) 624-830t. a
Septic sYstems are a very simPle waY
to treat household wastewater and are
easy to operate and maintain. AJthough
homeo.wners. mr:st take. a more active'
rote in maintaining sepric systems' once
they learn how their systems work, it
is easy for them to aPPreciate the
importance of a few sound operation
and maintenarrce Practices.
lhw 84ffi SYstems Worlt
Tbere are rwo main Parts to the basic
septic system: the septic tank and the
drainfield.
no tegth Td
Household wastewater first fl ows itrto
the septlc tnnk where it should stay for at
least a day. In the tank, heavy solids in the
wastewater settle to the bottom fcrning a
layer ofsludge, and grease and light
solids float to the top fomring a layer of
scum (zefer to the graphic on this page)'
The sludge and scum rernain in the
tank where naturally occurring bacteria
work to break them down. Tbe bacteria
catrnot completely break down all of the
sludge and scum, however, and this is '
why septic tanks need to be pumped .-
periodicallY.
The separated wastewater in the middle
layer of the tank is pushed out into the
drainfield as more wastewatef, enten the
septic tank from the house. If too much
water is flusbed into the septic tank in a
strort period of time, the wa.stewater flows
out of the tank before it has had time to
separate. This can happen on days when
water use is unusually high (laundry day'
for example), or more often if the septic
tank is too small for the needs of the
household-
Ihc Dndffidd
When wastewater leaves a septic tank
too soon, solids can be carried with il
to the drainfield- Drainfields provide
additional treatment for the wastewater
by allowing it to trickle from a series of
perforated pipes, through a layer of
gravel, and down though the soil. The
HOW TO MAINTAIN YOUR SEPTIC SYSTEM
soil acts as a natural filter and contains
organisms that hetp trcat the waste. Sbliids
damage the drainfield by clogging the
smnll holes.in the. &ai-ofield pipes. and
the surrounding gravel, and excess water
strains the system unnecessarily.
lhw Io Gane lon Ystn System
Septic system maintenance is often
compared to automobile maintenance
because only a little effort on a regular
basis can save a lot of moneY and
significantly p,rolong the life of the system'
Sound septic system oPeration and
meinteodtrce practices include conserving
water, being careful that nothing harmful
is disposed of tbrough the systerq and
having the system inspected annually
and pumped regularlY.
By educating everyone in Your
household about what is and what isn't
good for septic systems, they can begin
to develop good maintenance habits'
Uso llrtr IIiselY
Water consery"tioo is ,".Y:i-P"n*i
for septic iystems because continual
sanrratiotr of the soil in the drainfield
can affect the quality of thi soil and it:
ability o nanrrally rcmove toxins, ..
bacGria vintses, an- d othel polluptrq
--
fromthewtsrcwater. , . -'
- m" rnota effective way to conservi :''-
water around the house is to first take :
stock of how it is being wasted Immedi-
ately rcpair any lealong fauces or nrnning
toilets, atrd use washing machines and :
dishwashers onlY when full-
In a typical household, most of the
water used indoors is used in the bath-
room, and there are a lot of little things
that can be doue to consewe water thsre'
For example, try to avoid letting water
mn while washing hands and brushing
teeth. Avoid taking long showers and
install water-saving feanues in faucets
and shower heads. These devices can
reduce water use by up to 50 percent'
Low-flush toilets use one to fwo gallons
per flush compared to the threr to five
gallons used by conventional toilets' Even
using a toilet dam or puning a container
filled with rocks in the toilet unk can
reduccwatff useby 25 percer*(refer to'
the graphic on Page 4).
It is also important to avoid overtaxing.
your system by using a lot of water in a
short time period, or by allowing too
much outside water to reach the
drainfield. Try to space out activities
requiring heavy water use Qilre larrnrtry)'
over several days. Also, divert roof drains,
surface water, atrd sumP PUmPS away
from the drainfield-
Inoil HhrtltbtTs Edt
What you put into your septic system
geatly affects its ability to do its job. As a
general rule of thumb, do oot dispose of
anything in your septic system that can
just as easily be put in the trash. Remem-
ber that your system is not designed to be
a garbage disposal, and that solids build
up in the septic tank and eventually need
to be pumped out.
ln the kitcbeu, avoid washing food
scraps, cofree gdnds, and other food items
down tbe drain. Grease and cooking oils
'contribute to tbe layer of scum ia ft6 tank
aoit.tso tUould notbe put down the drain'
Garbage disPosals can incrcas€ the
amount of sotds in th9 tank uP to 50
percent and are not'recommeuded for use
.with septic systems.
The same comnion-sense aPProach
uGd in tbe kitchen should be Ged in the
'bathroom. Don't use the toilet to dispgse
Continued on page 4
Q&A
Do I need to add aryrthing to
my septic sYstem to keeP it
working ProPerlY?
While manY Products on the market
claim to help septic systems work better'
the truth is there is no magic potion to
cure an ailing system. ln fact, most , "
engineers and sanitation prolessionals
believe that commercial septic system
additives are, at best, useless, and at
worst, potentially harmlul to a system'
There are two types of septic system
additives: biological (like bacteria'
enzymes, and Yeast) and chemical.
Most biological additives are harmless,
but some chemical additives can
potentially harm the soil in the drainfield
and contaminate the groundwater.
While there hasn't been extensive
Cy on the efiectiveneqs of these
-.rducts, the general consensus among
septic system experts is that septic
system additives are unnecessary. I
What type of toilet PaPer is
best for sePtic tanks?
Contary to Popular belief' it is not
necessary to sacrifice personal comfort
to protect your septic tank. There are
many types ol toilet paper on the market
that are perfecfly safe for septh systems'
According to the National Sanitation
Foundation (NSF), a nonprolit organiza-
tlon that tests products relating to health
and the environment, the thiclfiess and
color of toilet tissue does not necessar'
ily afrect its biodegradabilitY.
NSF subjects the toilet Papers it
certifies to rigorous testing, and the
brands that Pass carry the NSF mark
stating that they are safe for use with
septic systems. However, there probably
are many brands without the NSF mark
at are also safe' I
HOW TO MAINTAIN
Continued from page 3
YOUR
of plastics, paper towels, tamPons'
disposable diapers, condoms, kitry liuer'
etc. The only things that should be flushed
down the toilet are wastewater and toilet
paper. (For a list af items, see "Do Nat
Flush" on page 5.)
lvoid Huandous Gncmicals
To avoid disruPting or PermanentlY
damaging you septic system' do uot use
it to dispose of hazardous household
chemicals. Even small amounts of paints'
varuishes, thinners, waste oil, photo-
graphic solutious,
pesticides, and
other organic
chemicals can
desmoy helpful
bacteria and the
biological diges-
tiotr frking place
within yoru
system- These
chemicals also
pollute the
grorndwater.
Some septic
Toilet Darns
SEPIIC SYSTEM
chemicals by taking them to an approved
hazardous waste collection center For
locations and more information, contact
your local healttr dePartment.
Pump Your Tank Re$ulanly
Pumping your septic tank is probably
the single most important thing you can
do to protect your system. If the buildup
of solids iu the tank becomes too high and
solids move to the drainfiel4 this could
clog and suain the system to the point
where a new drainfield will be ueeded
lns0ect Youn tYsum lnnurlY
Inspecting your septic sy$em annually
is a good way to monitor your system's
health. Inspections can reveal problems
before they become serious, and bY
checking the levels of sludge and scum in
your tank, you can get a more accurate
idea of how often it shouldbe PunPed"
For a tnorc detailed discussion of septic
system inspections and rccomruended
p uqin1 fre suencie s and Pmce&re s,
rcad tlw article " Ptonping and Inspecting
Your Systen*Wtat To Erped" on poge 6'
Protmt YouF tytttn
Finally, it is important to protect your
septic system from potential damage'
Don't plant aoything but grass near
your septic system-roots from shnrbs
and trees can cause damage---and don't
allow anyone to drive or operate heavy
machinery over any part of the systenr.
Also, don't build anYtbing over the
drainfield- Grass is the most appropriarc
cover for the &ainfield. I
A toilet dafi (above lefl) or a rccR filled milk ontainer (above
' ;i;N ;;; ,Arce the amwnt of water flowing out of the toilet
tl up to 25 Peftenl Reryodtr,d with gmissktn frcm Messachu*tt
coopqatiw Extenslon)
system additives that cleim to help or
clean yorr system also cootAin hazardous
chemicals and should be avoided- (See tlw
Q&A on seprtc system additives at lefi')
Household cleaners, such as bleach,
disinfectants, and drain and toilet bowl
cleaners should be used in moderation and
only in accordance with product labels.
Ovenrse of these products can harrt your
syste[L It makes sense to try to keep all
toxic and hazardous chemicals out of your
septic tank system when possible. (For
morc about tlw use of lousehold cleancrc,
rcfer to the article on Page 6-)
To help prevent gmundwater pollution,
be sure to dispose of leftover hazardous
Water use around the home
Laundry &
Dishes
Nolo
Ddnking &
Cooking
5o/o
SEPTIG SYSIEM IItl,S AND DIIIU,TS
@ff-'ffiffij;:1::1""#:[#,*
I of it handy with Your maintenance
I record for service visits.
| ,"nuu" your septic system inspected
I annually.
| ,onur. your septic tank PumPed out
| .egutarly by a licensed concractor.
I (tee the table on paSe 6 for estimated
I pumping frequencies.) ' 4
| ,r0"., your septic tank cover
I accessible for insPections and
I pumpings. tnsull risers if necessary-
I ,o.* a professional whenever You
I experience problems with Your
I tytr"r, or if there are atrY signs of
I tytt"* failure.
I ,o*"", a detailed record of rePairs,
I pumpings, insPections, Permis
I *ty{: aud other maintenance
I acnutres.
cotfee grinds :
dental floss
disposable diapers
kitty litteli
,oconserve water to avoid overloading
the system. Be sure to rePair anY
leaky fauces or toilets.
Dodivert other sotuces of water, like
lsof drains, house footing drains, and
sump pumps, awaY from the sePtic
system. Excessive water keePs the
soil in tbe drainfield from nanrallY
cleansing the wastewater-
WARNING
Be sure to exercise aPProPriate
caution when insPecting a sePtic
tank. Never allow anYone to
inspect a sePtic tiank alone or go
down into a sePtic tank. Toxic
gases are produced bY the natural
treatment processes in sePtic
tanks and can kill in minutes-
even just looking in the tank can
be dangerous.
Don't go down into a
septic tank. Toxic gases are
produced bY the natural treatment
processes in septic tanks and can
kill in minutes. Extreme care
should be uken when insPecting
a septic tanh even when
just looking in.
Don't allow anyone to drive ot
park over any part of the sYstern-
Don't plant anythiEg over or
near the drainfield excePt
grass. Roots from nearbY trces or
shnrbs maY clog and damage the
drain lines.
Don't dig in your drainfield or build
anything over it, and don't cover
the drainfield with a hard surface such
as concrete or asphalt. Tbe area over
the drainfield should have onIY a
gfirss cover. The gnss will not onlY
pr€vent erosion, but will he$ remove
excess water.
Don't make or allow rePairs to Your
septic system without eltaining the
required health department permit-
Use professional liceused sePtic
contractors when ueeded
Dontt use septic tsnk additives. These
producs g5rrelly do not help and some
may eveu be harrnful to Your system.
Don't use your toilet as a trash cau sr
poison your sePtic sYstem asd tb€
groundwater bY Pouring harrnful
chemicals and cleansers down the
drain. Harsh chemicals can kill the
beneficial bacteria that treat your
wastewater.
Dcn'! use a garbage disposal without
checking with your local regtlatory
agency to make sure that your septic
system can accommodate this
additional waste.
Don't allow baclavash from bome water
softeners to enter the septic system- I
s34itary naP[llt9
tampons '
cigarette butts "
condoms .
"
tlow do household cleanens anil
dstcrgeltts atlect my system?
When used as recommended bY the
manulacturer, most household cleaning
products will not adversely atfect the .l
operation of your septic tank. Drain , " '
cleaners are an exception, however, l
and only a small amount of these ." i
'products can t<ill the bacteria and 1. '..
temporarily disrupt the operation ',1.,
,of the tank. , ': ',:,i
', ,lf you are concemed about the etfect .1
of cleaning products on your septic : 1':'
system and he environment" there are :+r
some safe altematives. Penn State ,..'-.,.
'Unir"oitY has developed a fact sneb1,,i;i
lising altemative cleansers
"n6
6sir :,-':i
,uses. The fact sheet is included i1 !he-,;',:.
.tic system information packet for ,.i.1i1
:le!w"ngf, aescrlled elpase 9'' ti+ifi
ffispections from the
I I State Regulations
H
Septic system inspection regulations
vary from one state to the next' Do you
know what the laws are in Your state?
A new report trom the National Small
Flows Clearinghouse (NSFC) provides
this information in a single 128-page
document, "lnspections from the State
Regulations."lt is a compilation of
regulations for septic system inspections
trom the 23 states that have them on
the books. This rePort inctudes a
complete list of state regulatory contacts
and references for all 50 states' The
cost is $11.35. To order, call NSFC at
(800) 624-8301 and request ltem
TWWPCRG4O. .
Pumping and InsPecting Your
System-What To ExPect
Annual inspections of Your sePtic
system are reconmended to ensure that it
is working properly and to determine
when the septic tauk should be pumped'
By inspecting and pumping yolu system
regularly, you can preveut the high cost of
septic system failure.
lnspecthg Youn System
Although a relatively simple inspection
can determine whether or not your septic
tank needs to be PumPed, You should
consider calliug yoru local health
department or hiring a professional
contractor. A professional can do a
thorough inspectiou of the entire system
and check for cracked PiPes and the
condition of the tees or baffles and other
parts of the system.
A thorough septic system inspection
will include the following stePs:
l. Lmlft ffi tYstgm-Eveu a Profes-
sioual may have trouble locating your
system ifthe access to your tank is buried"
One way to start looking is to go in your
basement and determine tbe direction the
sewer pipe goes out through the wall'
Then start probing the soil with a thin
metal rod 10 to 15 feet from the founda-
tion. Once your system is found" be surc
to keep a map of it on hand to save time
on future service visis.
2"Ihl,ffitbmmdhlFthr ,,pr't-This may entail some digging in ,r
yor:r yard If they are buried' try to make ,
access to the Pora easier fsr funre :
inspections. Install risers (elevated access
covers) if necessarY.
8.Hushlmtlp tlEf-Ttis is done to
determine if the ptumbing going to tbe
system is working correctlY.
/Ll[oattt'hg mo tum rill fib UIrl-
There are two frequently used methods
for measuring the sludge and scum layers
inside your tank. The contractor may use
a hollow clear plastic ube that is pushed
through tbe different layers to the bottom
sf ths 1ank. When brought back up, the
tube reuins a sample showing a cross
section of the inside of ttre tank
The layers can also be measured using
a loog stick. To measurc the scum layer
usiag a sticK a three-inch piece of wood
is attached across the end of the stick to
form a'foot," and the stick is pushed
down through the scum to the liquid layer'
Wheu the stick is moved uP, the foot
meets resistance on the bottom of the
scum layer, and the contractor marks the
stick at the toP of the layer to measure the
total thickness. As a general guideline, if
the scum layer is within tbree inches of
the bottom of the inlet baffle, the tank
shouldbe PumPed
The sludge laYer is measrned bY
wrapping cloth around the bottom of the
stici and lowering it to the bottom of the
tank- This should be done either throug! a
hole in the scum layer or tbrough the
baffle or tee, if possible, to avoid getting
scum on the cloth. The sludge depth can
be estimated by the length of sludge
sdcking to the cloth- If the sludge depth is
equal to one third or more of the liquid
depth, the tank shouldbe PumPed'
5. Ctmlfig m Ia* ail fia lHtffirl{-The
contractor will check the condidon of the
baffles or tees, tfog walls of the t^nk for
6acks, and the drainfield for any signs of
faiture. If yoru system includes a distribu-
tiou box, drop box, or PumP' the conrac-
tor will check these too.
Tank
slze
(gals.)
500
750
900
1000
1250
I 500
1 750
2000
2250
2500
Estimaaed sePtictank pnPing trequlncies !! y€al
These figurei assume tfret€
's
no garbage ctisPos,;,t
unit in Ge. (Soure: Pcnnsylvania state universi'yl
@ ope,E]tive Extensiaa S er!,icc)
Household size
(number ol PeoPle)
5.8 2.6 1.5 1.0
9.1 4.2 2.6 1.8
11.0 5.2 3.3 2.3
12.4 5.9 3.7 2.6
15.6 7.5 4.8 3.4
18.9 9.1 5.9 4.2
2..1 10.7 6.9 5.0
25.4 12.4 8.0 5.9
28.6 14.0 9,1 6.7
31.9 15.6 10.2 7.5
Ullhen To PumP
I{ow ofteu Your unk needs to be
pumped dePends on the tank size, the
number of people living in yourhome,
and the habits of yor:r particular houe-
Continued onnextPage
0.7 0.4
1.3 1.0
't.7 1.3
2.0 1.5
2.6 2.O
3.3 2.6
3.9 3.14.s 3.752 4.2
5.9 4.8
What sotne colnmunities are doing
To protect public health and the
environment, some communities are
working to promote septic system
maintenance through public education
and the formation of septic system
maintenance disUicts.
Septic system maintenance disuicts
are areas in which local govemments and
health agencies monitor and regulate
privately-owned septic systems on a
regular basis. In a maintenance district,
all residents must comply with the
maintenance standards and must help
pay for the cost of adminisuation.
One of the advantages to this type of
system is, because detailed records are
kept on the coudition of the individual
systems, communities can identify
problem areas and work with home-
owners to develop solutions.
Another advantage is the oppomtnity
to educate septic system owners
individually about the proper operation
and maintenance of their systems. Main-
tenance districts also make it easier to
arrarge inspections and pumpings at
several houses in a neighborhood at one
time, which can save money.
For more information about mainte-
nance districts and other strategies for
controlling sepric system failures in your
communiry, contoct the National Snwll
Flows Cleainghouseb technical assis'
tance department at 6Cn) 624-8301- L
available in bulk from NSFC
A series of educational materials that 1 ' Groundwater Protection.
explain the operation and maintenance of I fnis issue and the summer 1995 issue
-r- :- L--n- ',- I . ^. ,r , -r-- ----:r-Li^ :- L,-rr- .*
septic systems are available in bulk .A--] of Pipeline are also available in bulk. The
from the National Small Flows /'}5 \summer issue explains the advantages
Clearinghouse (NSFC). The,se ti Ai$': of septic tank systems, how they
homeowaers and would be / -E;{'-, .",/ " > evaluations, alternative septic
usetul for any communiry J _ g /'.-.S( /a system and drai-ufreld desisns,
lw/:\materials are written for /E;\ .A - {\ work, the importance of site
homeowners and would be / -S.fl" ".,/ " \ evaluations, alternative septic
education progmm. ,AS;[= I -1"/ andresources for more information.
The NSFC's series of tb,ree -'F-iisZ-
Tio orderbulk copies of any of the
septic system brochures has '\y brochures or either issue of Plpelrne,
Septic system information
receutly beeu revised, updated, and
reprinted- The brochures include:
. So . . . now you oWn a SeptiC mnk,
. The care and feeding of your septic
renk SysteEL ind
please call the NSFC at (800) 62+8301.
Up to 10 copies of each item are free
except for shipping and handling charges.
Ordcrs of 11 or more will be charged a
fee to cover printing and shipping. I
Pumping and lnspecting Your System-What To Fxpect
Continued from previous page
hold- Garbage disposals and high-water-
use technologies, such as a hot tub or
whirlpool, also affect the pumping
frequency.
To estimate how often you should have
your unk pumped, refer to the table on
page 6. This information combined with
observations from annual inspections will
help you to estimate your individual
pumping schedule.
When it's time to pump out your tenk,
be sure to hire a licensed contractor. He or
she will have the appropriate equipmeut
and will dispose of the sludge at an
approved treatrnent site. You can find
listings for licensed purnpers and haulers
in the yellow pages, or contact your local
health department for assistance.
It's a good idea to be Present wheu
your tenk is being pumped. Make sure
the contractor uses the manhole, not the
inspection ports, to pump the tenk to
avoid damaging the baffles or tees. AIso
make sure all of the material itr dhe t,nk is
removed. It is not ne{Essary to leave
anything la il1s tenk to'testart'' the
biological process€s, but it is also not
n"""t uty io scrub or disinfect fis tank. I
0 I
Heatth Depantment
rHomeowners with questions about r' "I regulations or requirements for , ,'.
septic system construction or : :r, , ,
maintenance should contact their , :
local health department (usually ':
listed in the yellow pages). ,, f' ,. ,
, .,' .' .. t':' tlr:.,r::.ll:.l::
.;Ngtignal Small FIOW3,i-,i.,,,,',r.1.,,,;,
Gleaninghouse (NSFG) : :
The National small Flows . "', :
Clearinghouse (NSFC) located at ',,, .,
'West Virginia University, ls also a r :'
: good place for homeowners and i:::ii::i ri
community officials to contacl for it- :,1
more information about septic ,r. ;;1,'.: ,;
systems and altemative systems. ::' i :
,The NSFC is funded by the U.S.',. '::,' ,'
' , Environmental Protection Agency,';;,;,,,
,
:t,:and otfers technical assistance and'a :
variety of free and low-cost piogucS,,',
to hetp small communities with rr.;r::,
wastewater issues. Some of g',sss .:,i:
NSFC products are listed on page 8,'
' . -: .. ..r -1.,, :
,.._. .,: n..j.i.,r,1,
Extension Senvlce : ri::'ji,,::
1 Many universities 6"vs g.S.,'nffi.i.r
, Department of Agriculture coopora- ,,1r
tive state e)ftension service offlcss "
'.on campus and field offices iD .:r,,; :,r 1:'1, counties and other localities. Part ,1
of the mission ol these extension
services is to provide access to
information and assistance to the
public, and to help educate the r,.,'.'
'
public about federal wastewater '
policies and requiremenls. To locate
the eldension office in your area,
contact the U.S. Department of :.' r,
Agriculture al (2O2) 72O-g?177, or,,
, NSFC at (800) 624€301, aod ask .r''
for Crystal Stevens, the contacts and
refenals assistant in the technical ,',
assistancedepadment. I :"':' .
'
T^ order any of theJollowing products, call
'ational Small Fbws Clearinghouse
,tC) at (800) 624'6301, or wite to
NSFC, West Vrginia Universiry, PO. Box
6061, Moryantown" W 26506'6M4.
Be surc to request each item bY
title and itemnumber A
shipping and handling
charge will apply.
ihw IISfG 8fih b Proitcts ar!SorYhos
The "National Small Flaws Cleaing'
houseb (NSFC) 1995 Guide to Products
and Sen'ices" will bc available soon.
The updated guide contains complete ' "
descriptions of the NSFC's nearly 300
products that range from educational
videos and brochures to technical desiga
manuals and case sntdies of small com-
munity and onsite wastewater treatmetrt
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SUBDIVISION
IMPROVEMENTS AGREEMENT
SUBDIYISION IMPROVEMENTS AGREEMENT
Ukele Acres
This Agreement is made and entered into by and between the Board of County
Commissioners of Garfield County, State of Colorado (the "County") and Ronald W. Smith and
Jean M. Smith (the "Owner").
Introduction
1. Owneris the ownerand developer of certain real property located in Garfield County,
Colorado, known as Ukele Acres (the "Property"), which real property is also known as
Township 6. South, Range 92 West of the 6'h P.M Sections 4 and 9.
2. Preliminary Plat approval for Ukele Acres was obtained under the terms and conditions set
forth in County Resolution No. 2000-038.
3. Owner has submitted to the County for its approval, final documents and a Final Plat for
Ukele Acres (the "final plat documents"), and has agreed to complete certain subdivision
improvements with respect to the development, all as more particularly set out hereafter.
4. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA")
required and intended to secure the faithful construction and installation of the subdivision
improvements required as a condition to FinalPlat approval.
Agreement
The Parties, for and in consideration of the premises and the following mutual covenants
and agreements, agree as follows:
5. Final plat approval: The County hereby accepts and approves the Final Plat of Ukele
Acres,.subject to the terms and conditions of this Agreement, as well as the terms and
conditions of the Preliminary Plat approval and the requirements of the Garfield County
Zoning and Subdivision Regulations.
6. Owner's performance: Owner shall construct and install at its own expense, those
subdivision improvements related to Ukele Acres, which are required to be constructed by
Resolution 2000-038 this Agreernent, the Final Plat, Garfield County Zoning and
Subdivision Regulations. The estimated cost of completion of the subdivision
improvements related to the Property is as set out and certified by a licensed engineer on
Exhibit B. Such improvements shall be cornpleted byAugust 20, 2001 (the "completion
date"). The Owner shall comply with:
7.
a. The final plat documents submitted prior to or at the time of final plat approval'
(Such documents are incorporated herein by reference and made a part of this
Agreement).
b. All requirements of Resolution No. 2000-038 and all requirements of the Garfield
County ZoningCode and Garfield County Subdivision Regulations, as they relate
to Ukele Acres.
c. All laws, regulations, orders, and resolutions of Garfield County and affected
special districts, as the same apply to Ukele Acres'
d. All designs, maps, specifications, sketches and other materials submitted to and
uppror"d by any of the above-stated governmental entities; and
e. The improvements to be constructed by Owner shall include, but are not limited to,
the following:
i. Construction of Esther Court, Katie Court, and emergency access road as
indicated on the Final Plat and engineering drawings submitted;
ii. Construction of the potable water and raw water distribution systems including
storage tanks, p.r-pr, and distribution lines, as indicated on the Final Plat,
engineering drawings submitted.
iii. Extension of electrical and telephone service to seven of the nine lots of the
property as indicated on the Final Plat and engineering drawings submitted;
The County agrees that if all improvements are installed in accordance with the foregoing
provisions of itris paragraph and the as-built drawings to be submitted upon completion of
ih" i-prorements, then O-wner shall be deemed to have satisfied all of the terms and
conditions of the Zontngand Subdivision Regulations of Garfield County, Colorado.
S ecurity for Improvements
a. Letter of Credit: On or before the date of recording of the Final Plat for lIkele
Acres with the Garfield County Clerk and Recorder, the Owner shall deliver a
Letter of Credit in a form acceptable to the County in the amount of two-hundred-
sixty-two-thousand dollars ($262,000.00), which is the estimated cost of
completion of the subdivision improvements related to the Property as set forth
and certified by a licensed engineer on Exhibit B (attached.) The Letter of Credit
required by this agreement shall be issued by a state or national banking institution
acceptable to the-County. The Letter of Credit Must be valid for a minimum of six
(6) months beyond the completion date. If the time set forth herein for completion
of the improvements is extended by written agreement between the Owner and the
County, ih. L"tt.r of Credit shall similarly be extended. Additionally, should the
b.
be extended. Additionally, should the Letter of Credit become void or
unenforceable for any reason, or should the costs of Completion exceed the
estimate, Owner shall nevertheless remain personally responsible for the
completion of the subdivision improvements and shall promptly provide a
replacement Letter of Credit from another state or national banking institution or
otherwise provide alternative security acceptable to the County.
Partial releases of Letter of Credit: The County shall release portions of the Letter
of Credit as portions of the subdivision improvements are completed to the
satisfaction of the County. Certification of completion of improvements adequate
to authorize the release of the security must be submitted by a licensed or
registered engineer. Such certification authorizing release of security shall certify
that the improvements have been constructed in accordance with the requirements
of this agreement, including all final plat documents, and shall be stamped upon as-
built drawings by said professional engineer where applicable. Owner may also
request release for a portion of the security upon proof (i) that the Owner has a
valid contract with a public utility company regulated by the Colorado PUC that
obliges such utility company to install certain utility lines; and (ii) that Owner has
paid to such utility company the cost of installation of such utilities required to be
paid by Owner under such a contract. Where the security is held to cover the
purchase of a specific item such as a water tank, the Owner may similarly request
partial release of security by certifying that the itern has been delivered and by
submitting a bill for payment from the provider of such an item.
Upon submission of a certificate of completion of improvements by the Owner, the
County may inspect and review the improvements certified as complete, to
determine whether or not said improvements have been constructed in compliance
with the relevant specifications. If the County determines that all or a portion of
the improvements certified as complete are not in compliance with the relevant
specifications, the County shall furnish a letter of potential deficiencies to the
Owner within 15 days specifuing which improvements are potentially deficient. If
no letter of potential deficiency is furnished within said l5 day period, all
improvements certified as complete shall be deemed accepted and the County shall
release the appropriate amount of security as it relates to the improvements which
are certified as complete. If a letter of potential deficiencies is issued which
identifies a portion of the certified improvements as potentially deficient, then all
improvements not so identified in the letter of potential deficiencies shall be
deemed accepted and the County shall release the appropriate amount of security
as suoh relates to the certified improvements that are not identified as potentially
deficient in the letter.
With respect to any improvenrents certified as complete by the Owner that are
identified as potentially deficient in a letter of potential deficiencies as provided in
this paragraph, the County shall have thirty (30) days form the date of the letter of
potential deficiencies to complete its investigation and provide written
8.
confirmation of the deficiency to the owner. If upon further investigation the
County finds that the inrprovements are acceptable, then appropriate security shall
be released to the Ownei within ten (10) days after completion of such
investigatiott. ltl the evcttt tltc itttprovctttcttts at'e not acccpted by tltc County' thc
Board of Commissioners shall make a written finding prior to requesting payment
form the Letter of credit. Additionally, the county shall provide the owner a
reasonable period of time to cure any deficiencies prior to requesting payment
from the Letter of Credit.
c. Substitution of Letter of Credit. The County nlay, at its sole option, permit the
Owner to substitute collateral other than a Letter of Credit acceptable to the
County for the purpose of securing the completion of the improvements required
in terms of this Agreement.
d. Recording of FinalPlat: No Final Plat shall be recorded pursuant to this-
Agreement until the Letter of Credit or acceptable substitute collateral described in
this Agreement has been received and approved by the County.
School impact fees: The parties recognize and agree that the approval of the Final Plat
constitute; approval of 9 single family lots for a corresponding total of 9 dwelling units as
further defined in the covenarrts subniitted during the Prelirninary Plan proceedings. The
parties agree that school impact fees shall be $200.00 per dwelling unit or such other
amount u-, *uy be established by the County at the time of approval of the-Final Plat' The
Owner specifically agrees that ii is obligated to pay the same at the time of recordation of
the Final plat, heieirfaccepts that obligation, and waives any claim that it is not so
obligated or required to pay school impact fees. It is noted that these fees have already
been'paid at th; time of ihe signing ofinis agreement. The Owner agrees that subsequent
to recording of the Final Plat,-the bwner will not claim, nor is the Owner entitled to, a
reimbursemint of the school i*pu"t fees paid in conjunction with this Subdivision
Improvements Agreement.
Issuance of building permits: As one remedy for breach of this agreement, the County may
withhold issuance ofluilding permits for any structure within the Subdivision. Further, the
parties agree that no certificati of occupancy shall be issued for any building or structure
within thi Subdivision until all subdivision improvements and water distribution systems
have been completed and are operational, as required by this agreement' Further' the
Owner herein agrees that priorio the conveyuni. of any lot within this Subdivision, it will
provide to the purchaser ortn"t lot a signed copy of Exhibit c attached hereto, notifying
the owner of the foregoing restrictions upon issuance of building perrnits and certificates
ofoccupancY.
Consent to vacate plat: In the event the Owner fails to comply with the terms of this
agreement, including the terms of the Preliminary Plan, as amended, the County shall have
the ability to vacate the final Plat as it pertains to lots for which no building permits have
been issued. Any existing lots for which building permits have been issued shall not be
9.
10.
ll.
vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey
and complete legal description with a map showing the location of a portion of the plat so
vacated.
Indemnity: To the extent allowed by law, the Owner agrees to indemnifo and hold the
County harmless and defend the County from all clairns which may arise as a result of the
Owner's installation of the improvements required pursuant to this Agreement. However,
the Owner does not indemnify the County for claims made asserting that the standards
irnposed by the County are improper or tlte cause oFthe injury asserted.
The County shall be required to notiff the Owner of receipt of a notice of claim, or a
notice of intent to sue, and shallafford the Owner the option of defending any such claim
or action. Failure to notify and provide such written option to the Owner shall extinguish
the County's rights under this paragraph. Nothing herein stated shall be interpreted to
require Owner to indemniS the County from claims which may arise from the negligent
acts or omissions of the County or its employees.
Sale of lots: No lots within the proposed subdivision that is the subject of this Agreement
shall be conveyed prior to the recording of the Final Plat.
Enforcement: In addition to any rights which may be provided by Colorado statute, it is
mutually agreed that the County or any purchaser of a lot within the subdivision shall have
the authority to bring an action in the District Court of Garfield County, Colorado, to
compel enforcement of this Agreement.
Binding effect: This Agreement shall be a covenant running with the title to each lot
within the Final Plat, and the rights and obligations as contained herein shall be binding
upon and inure to the benefit of the Owner, its successors and assigns.
Recording: Upon execution and authoriZation by the County, the Owner shall record this
Agreement with the Office of the Clerk and Recorder for Garfreld County, Colorado.
Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or related to
this Agreement shall lie in the District Court for Garfield County, Colorado, and be
construed pursuant to the laws of the State of Colorado.
Amendment: The parties hereto agree that this Agreement may be amended from time to
time, provided that such an amendment is in writing and signed by the parties.
12.
13.
15.
16.
17.
18.Notice: All notices required herein shall be tendered by personal service or certified mail
,p., ifr. following individuals or agents of the parties to this Agreement'
Dated this day of
RONALD W. AND JEAN M. SMITH
Ronald W. Smith
Jean M. Smith
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood SPrings, CO 81601
Ronald W. and Jean M. Smith
31947 HighwaY 6
Silt, Colorado 81652
Glenn D. Chadwick, Esq.
Beattie & Chadwick
710 Cooper Ave.
Glenwood SPrings, Colorado 81601
2000.
BOARD OF COLINTY
GARFIELD COUNTY,
COMISSIONERS
COLORADO
Chairman
Attest:
Clerk to the Board
DEPOSIT AGRE,EMENT
OWNER:
PROPERTY:
DEPOSIT AGREEMENT
JEAN M. SMTH and RONALD W- SMITH
UKELE ACRES SUBDIVISION
COUNTY OF GARFTELD
STATE OF COLORADO
This Agreement is entered into by and between JEAN M. SMITH and RONALD W.
SMITH (the,.Owner"), the Smiths' lender H.K.L., LLC, a Colorado limited liability company (the
,.Lender,), and THE BOARD OF COUNTY COMMISSIONERS OF GARFTELD COUNTY'
COLORADO (the "CountY").
WHEREAS the Owner has agreed to construct certain public improvements
(,.Improvements") for Ukele Acres Subdivision (the "Property") in accordance with the
iubd'iririon Regulations of Garfield County, Colorado of 1984, as amended, and subject to a
Subdivision Improvements Agreement (the "SIN') for the property, a copy of which is attached
as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, the County has approved specific public improvenrents and an estimate of the
costs of the Improvements in the amount of $262,000 (the "Improvement Costs") which are
detailed on the contractor's Bid for construction costs for ukele Acres Public Improvements
attached hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, the Owner has agreed to complete the installation of all public improvements
within one year from the date of the SIA; and
WHEREAS, Lender and Owner entered into a certain Loan Agreement dated June 9,
2000, which governs the disbursement of funds to Owner, a copy of which is attached hereto as
Exhibit C and incorporated herein by this reference, and
WHEREAS, the Improvements which Owner has agreed to make include road
connections to certain county roads; and
WHEREAS, prior to any payments hereunder, the Owner's engineer (the "Project
Engineer") shall certi$ that the work completed on the connections from roads in Ukele Acres
Subdivision to County Road 229 are in conformance with the Garfield County regulations and the
Subdivision Improvements Agreement, and
WF{EREAS, the owner's contractor curly construction co., ltas contntenced and
completed a portion of the Improvements hereunder in the amount of approximately $100,000 as
set fiorth in Exhibit D attached hereto and incorporated herein by this reference, which work has
been inspected by the project Engineer, which leaves $162,000 of improvenlents still to be
completed (the "Remaining Improvements"; and
WHEREAS, the County has approved the project Improvements that have been
completed to date as listed in Exhibit D; and
WHEREAS, the Owner and the Lender desire to provide assurance to the County that the
Remaining Improvements will be completed regardless of a default by the Owner, by placing a
cash deposit with the County in the amount of $162,000 (the "Improvement Funds"), and the
County is willing to accept such an assurance in lieu of requiring a letter of credit or other security
for the Improvement Costs; and
WHEREAS, in addition to the Improvement Funds cash deposit described above, the
Owner and Lender shall deposit with the County an additional one percent (1%) of the
Improvement Funds in the amount of $1,620 (the "Service Fee").
NOW TI{EREFORE, the parties agree as follows:
1. Owner's Cash Deposit. The Owner agrees that it shall be obligated in accordance
with the terms of this Agreement to deposit with the Garfield County Treasurer ("County
Treasurer") the sum of $162,000 simultaneously with recordation of the Final Plat for the
Property, to pay for construction of the Improvements plus the Service Fee. In consideration of
the Service Fee payable to the County Treasurer, the County Treasurer shall place the Owner's
deposit in an interest-bearing account on behalf of tender. Such account shall be subject to the
terms and conditions of this Agreement.
Service Fee. The Service Fee shall pay for the County Treasurer's administrative
costs incurred in distributing and accounting for the Improvement Funds and Service Fee in
accordance with the terms of this Agreement. The County's Service Fee shall be earned upon
execution of this Agreement,
3. Disbursement Procedures. Owner's Improvement Funds shall be disbursed by the
County Treasurer for payment of costs incurred in the construction of the Remaining
Improvements for Ukele Acres Subdivision as set forth in Exhibit B. Disbursements shall be
made only in accordance with the following procedures:
Draw Requests. Draws shall be requested by the Owner delivering to the
County Building and Planning Department a written request for disbursement on forms
acceptable to the County. Each such request shall be signed by the Owner and the Project
Engineer. The request shall certify: (i) all costs for which the draw is being requested
have been incurred in connection with the construction of the Improvements; (ii) all work
performed and materials supplied are in accordance with the plans and specifications
submitted to and approved by the County; (iii) all work has been perforrtred in a
workmanlike manner; (iv) no funds are being requested for work not completed, or for
material not installed or stored on site; and (v) the Project Engineer has inspected and
approved the Improvements for which payment is reqtrested and has certified that all such
improvements have been constructed in conformance with the Plans and Specifications
approved with the SIA. Upon receipt of a draw request which complies with the signature
and certification requirements set forth above, the County may inspect and review the
Improvements to which the draw request relates, and shall, within fifteen (15) days after
having received ,r'" "qut", notiS' tr'" O*n"t by a letter indicating potential deficiencies if
the County determines that the request should not be approved as to all or any portion of
the work for which payment Is requested. If no letter oipotential deficiencies is delivered
to Owner within such 15 day period, the draw request shall be deemed approved by the
County and shall u. fro*ptiy'presented. to the Board of County Commissioners for
signature, such signa'tur. U.ing a condition precedent to the disbursement of improvement
Funds by the CountY Treasurer'
b. ' Each draw request submitted to the
county Building and Planning Department shall be accompanied by: (i) one original copy
of each Invoice to be paid; iil) Oistursement requests drawn on the disbursement account'
made payable to the payee and in the amount oiea"h invoice presented lor payment; (iii)
lien waivers in a form approved by the County prepar-ed for signaturt !I "u:.h.payee;
and
(iv) postage paid .r;;Iff;t addressed to .u.h puy"" for the mailing of the disbursement
requests.
c. Disbursement. If the county approves the.draw request and payment of
the County,, proport[-*t*hare, the Couniy shall forthwith provide written direction to
the County Treasurer to disburse payment for the invoiced amount' Upon receipt of such
written direction, the County Treasurer shall wire transfer payment to the payee(s) for
credit to: [name of account, accollnt #, name of bank, address and telephone nttnrber of
bank, and bank ABA number]. The County Treasurer stall not be obligated to make a
disbursement for the paymeni of an invoice if the County in good faith believes that: (i) the
work has not been.orpt"t"d; (ii) the work has not been completed in a workmanlike
manner; (iii) written approval has not been received from the Owner' Project Engineer or
ifr. Cor"iy; or (iv) uny'fi"n waiver relating to any prior disbursement to the same person
has been altered or modified or has not bJen returned to the County' The County shall
pr"rpif, notify the Owner if any request for advance or any portion thereof, is not
approved bY the CountY.
d. Default. The owner shall be in default under this Agreement if any act'
omission or event o-.*r, which constitutes a default by owner and such default is not
cured by Owner or if Owner fails to observe or perform any of the covenants' conditions
or provisions of the SIA to be observed or performed by the Owner and such failure
continues for a period of ten (10) days aftei written notice thereof is given by the County
to the Owner; provided, however, if the nature of the Owner's default under the SIA is
such that more than ten (10) days are reasonably required for a cure of such default' then
the Owner shall not be deemed io be in default if Owner commences such cure within said
ten (10) day period and thereafter diligently prosecutes such cure to conrpletion' After any
such notice is given, the County Treasurer-shall not disburse Improvement Funds to or at
the direction of the Owner. Disbursements subsequent to any notification of Default shall
be made only pursuant to and in accordance with subsection 2'e ' below
e. Disbursement After Notification of owner Defhtrlt lf the Irnprovelllellts
are not completely und rutirf*torily .on *ithin one year from the date of the SIA
or upon any default by Owner as defined above, the County Treasurer, upon written
direition of County, shall immediately cease disbursement of Improvement Funds to or at
the request of the O*n.r. Any undisbursed Improvement Funds shall thereafter be
advanced solely to or at the direction of the County for the completion of the
Improvements by such contractors as the County shall select. Thus, the County shall be
obiigated to complete the Improvements in accordance with the Plans and Specifications,
to the extent Improvement Funds are available, and to promptly pay the costs of
construction to the extent of the available funds.
f. Disbursements Only in Accordance with Loan Aareement.
Notwithstanding any provision of this Agreement to the contrary, no funds shall be
disbursed by the County unless disbursement is authorized by and consistent with the Loan
Agreement between Owner and Lender.
4. Remaining Improvement Funds. After certification of completion of improvements
by the Owner, if the County determines that the improvements are not constructed in compliance
with relerant specifications, it shall furnish a letter of potential deficiencies to the Owner within
fifteen (f 5) days. If the letter is not furnished within fifteen (15) days, all improvements certified
shall be deemed accepted upon written direction of County, and the County Treasurer shall
release the appropriaie amount of security as such relates to the completed and certified
Improvemenii. fiu letter of potential deficiencies is furnished by the County, the County shall
have thirty (30) days to complete its investigation and provide written conlirntation of the
deficiency to the Owner. If upon further investigation the County finds that the inrproventents are
acceptabie, then the remaining funds together with accrued interest shall be released to the Owner
within ten (10) days after completion of such investigation. In the event the improvements are not
accepted by the County, the Board of Commissioners shall make a written finding prior to
requesting payment from the Deposit Agreement.
5. Waiver. Consent and Indemnity. The Owner consents to disbursements and other
actions authorized and provided for by the terms of this Agreement, Owner agrees that it will
defend, indemnity, and hold the County harmless from any claim made on account of this
Agreement and shall waive any claim against the County on account of the County's good faith
performance of its obligations under this Agreement.
6. Binding Effect. This Agreement shall be binding on the heirs, successors, receivers
and Assigns of all parties and shall terminate when the County has accepted the Improvements
and has recorded a release of the SIA.
7. Immunity. Nothing contained in this Agreement constitutes a waiver of the
County's sovereign immunity under applicable state law.
8. No Partnership or Agency Created. The making and execution of this Agreement
shall not be deemed to create any partnership, joint venture or other relationship between the
parties or any of them, and no party shall be deemed an agent of any other party because of this
Agreement or anything contained herein.
9. Recordation. This Agreement shall be recorded in the Office of the Garfield
County Clerk and Recorder.
10. Captions. The captions for the sections of this Agreement are included for
purposes of convenience only and shall not aflect the construction or interpretation of any of Its
previsions.
1 l. Complete Agreement. This Agreement, including any exhibits or addenda,
constitutes the entire agreement between the County and the Owner pertaining to the method of
disbursement of Improvement Funds and the County's obligation to disburse Improvement Funds
in the event of a default by the Owner. The parties acknowledge, however, that the County and
the Owner have entered into the SIA to which this Agreement is attached. No supplement,
modification, or amendment of this Agreement shallbe binding unless executed in writing by all
parties.
12. Notices. Any notice permitted or required by this Agreement shall be given in
writing and shall be given by personal delivery, registered or certified mail, or by an express
delivery service. Notice shall be effective upon the date of delivery, or of attempted delivery if
delivery is refused.
The parties' addresses for notice shall be as follows:
County:
Owner:
With a copy to:
Lender:
Board Of County Commissioners of Garfield County
Garfield County Courthouse, Suite 300
109 8th Street
Glenwood Springs, CO 81601
Jean and Ronald Smith
31947 Highway 6&24
Silt, CO 81652
Glenn D. Chadwick
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
H.K.L., LLC
c/o Scott Sobke
1023 Park West Drive
Glenwood Springs, CO 81601
John A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
With a copy to:
Any party may change its address for purposes of this paragraph by giving the other party written
notice of the new address In the manner set forth above.
13. Severability. In the event any part of this Agreement is found to be void, the
remaining provisions of this.Agreement shall nevertheless be binding with the same effect as
though the void Part was deleted.
DATED this day of , 2000.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Title:
H.K.L, LLC
By:
Title:
JEAN M. SMITH
Jean M. Smith
RONALD W. SMITH
Ronald W, Smith
Lrsr oF E)GIIBITS
A. Subdivision Improvements Agreement
B. Contractor's Bid for Construction Cost of Improvements
C. Loan Agreement between Smith and H.K.L., LLC
D. Contractor's Statement of Work Completed as of.October 30, 2000
PRELIMTNARY COST ESTIMATE
OF SUBDIVISION IMPROVEMENTS
DEC-OB.2OOO FRI
tz-W'AAffi
BEATTIE AND CHADI^IICK
FRON RPE
970 945 8671
TO
P. 04
945u6',/1 P,vL12: 04 Pll
11:42FN
Cuntu Con*huationCo'at -=ffi
DOC(JMEIIT "A"
tr$EonryRold293
ms,CoUrldo 816t0BAIRY$vIIfH
3{B o 625 .llUl
Rond qnd MohilWion
Ukele Acres
Fqther Co\rt
F.rueuenq.Ar,cr,st
fank kse-$ Rodd
Well Rosd
EottrM
Twolanhu
(t) 20,000 gallons,
One Well House
(we PUW ltoWe
(l) 5,400 gallotts
ucAvAnoN AI{Dslltwonr
.-.-.:-.:.
Sept, 14,2000
$ 3,000,00
8 6,000.00
8 63,000.,00
,$ 7,000.00
,r 9,000.00
.$ 8,000.00
,, 4,500.00
$ 40,000.00
$ 1i,000.00
812,000.00
$ 24,000.00
DEC-OB-2OOO FRI 12104 PI{ BEATTIE AND CHADT^IICK 970 945 8671
$ 24,000.00
P, 05
E(CAYAIION AIID' SEI WOBT
.,'..}-' ri.
EARRYSI{ITII
3G r 625 o49o/
Cun[y C oottru-ction C o.
ffi t{EEounUnord239
Rlf,.,Colddo tl600
DOCUMEIIff,,B,,
PVe Wo"k
2" pipefrom well to tank
8" pipewith 3 Fire llYdrants
4" Iruigation Line
18" Corrugated PiPe
Tlench arud Backfill fo, Electrlc
,, 9,000.00
$ 35,000.00
$ 18,000.00
$ 4,500.00
included
Net rncluded lleqq:
-Engineerrng or Stakc Att S 70-00 / Hour
( Jerry Bauer )
-No ,Soils Reports Supplied which reflects groilnd wdten
roch snd stabilizatlon labric
-Encounter water or roch extrafor pump@ blasting, or
water stabilization
-Soil to be StoclEtled or Spread on Site
'7.t l.tl .tf 11 a ulvrt rtt Q 756 nnn nn
DEC-08-2000 FRI 12r04 Pl1 BEATTIE AND CHADI^IICK 970 945 8671
$ 256,000.00
rcAvATloN AllD 8tr8 WOnr
CERTIFICATION OF TAXES DUE
Report Date: O812412000 12:06PM G ARFIELD COI]NTY TREASI.IRER
CERTIFICATE OF TAXES DT,IE
Page: L
CERT #:20002675
SCHEDULE NO: R200422
ASSESSED TO:
SMITH, RONALD W. & JEAN M.
31947 HIGHWAY 6
SILT, CO 81652-9760
ORDER NO:
VENDOR NO:
JOHN L, TAUFER & ASSOCIATES
LEGAL DESCRIPTION:
SECT,TWN,RNG:4-6-92 DESC: ALL THAT PT OF SWSW LYING S OF THE LOWER CACTUS DESC: OF
VALLEY DITCH CONT I7.37A. IN SEC 9 A TR OF LAND DESC: IN LOT 2 CONT II'I4A' BEING ALL OF
LoT LLYING N DESC: 6 &24 N ROW LINE. BK:0468 PG:0373 BK:0505 PG:0956 BK:05I1 PG:0294
BK:0757 PG:0576 BK:0760 PG:0308 BK:0760 PG:0306 BK:0870 PG0727
2179M300331 SITUS ADD:031947 6 &24 HWY SILTPARCEL:
TAXYEAR CHARGE
TOTAL TAXES
TAX YEAR ASSESSMENT
TOTAI, A5Y1
TAXYEAR TAXLIENSALE
TOTAL STATEMENT
TAX AMOTINT
asrvrr amouNf
INT AMOLTNT ADV,PEN,MISC
INT AMOUNT ADV,PEN,MISC
TOTAL DI]E
0.00
ioial oup
0.00
TLS AMOT]NT INT AMOI.]NT REDEMPT FEE TOTAL DT]E
0.00
0.00GRAND rOrArSrru as or ot,tzitioon
ORIGINAL TAX BILLING FOR T999
Authority
GARFIELD COI]NTY
BURNING MOTINTAIN FIRE PR
COLORADO RTVER WATER C
SILT WATER CONSERVANCY
GRAND RTVER HOSPITAL DIS
SCHOOL DISTRICT RE-2
COLORADO MOI]NTAIN COLL
FEE FOR THIS CERTIFICATE
TAX DISTRICT O2O - 2HC-SF
Mill Levy
8.812
4.125
0.282
1.166
5.597
27.96s
3.655
Amount
345.26
t61.62
11.05
45.68
219.29
1,095.67
143.20
Values
Land
Exempt
Improve
Actual
16760
0
332620
Assessed
4860
0
34320
39180Total349380
56.445 2,2L1.52 - TAXES FOR 1999
10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED pRIOR TO REMTTTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 0I-JAN-97'
REAL PROPERTY . SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOI.]NTS MUST BE PAID BY CASH OR CASHIERS CHECK'
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This cenificate does not include land or improvements assessed under a separate account number, personal properry 6xes'
fiansfer tax or misc. tax collected on behali of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned'
I, the undersigned, do hereby certi! that the entire amount of taxes due upon the above described parcels of real property and all
il;d,"; J;;;;;;id;-.s as shown by the records in my office from which the same may still be redeemed with the amount
I 4..-.-1 ,M
required fo-r redemption are as noted herein. In witness whereof, I have hereunto set my hand and
TREASIJRER, GARFIELD COLINTY, GEORGIA CHAMBERLAIN, BY
P. O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 94s-6382
CONSENT TO VACATION OF PLAT
Consent to Vacation of Plat
Ronald W. and Jean M. Smith as owner of certain real property located in Garfield
County, Colorado, more particularly described in Exhibit A attached hereto and
i".orpliut.d herein by this reference, and pursuant to the Subdivision Improvements
egr."r.*, dated t#- day of . . '.2000 between Ronald W' and
Jean M. Smith and the Board of Corntyto;mlssionets of Garfield County, Colorado,
whichAgreement,providedinteralia,thatifaletterofcreditissuedbY-
for the cinstruction of subdivision improvements in a form acceptable to Garfi.eld County
shall be vacated in its entirety. By this in;t*r"ent delivered to the County of Garfield by
the aforesaid , the consent of the undersigned is hereby given to the
niing of *rn inrtrur*nir of ru*iion that the County may deem proper or advisable'
n
Dated this <!l daY of ' .'T(.* ' '',Looo'
EVTDENCE OF LEGAL WATER SUPPLY
WEST DIVIDE WATER CONSERVANCY DISTRICT
124 WEST THIRD STREET
P. o. BOX 147E
RIFLE, COLORADO 81650'1478
TELEPHOXE exn FAx (970) 625-546r
Otnccrs
Prgidcnl 87(-2821
Kcll.v CoucY
47.15 c.R.3l5
silL CO 81652
Vicc Presidalt
Sarnucl B. Pottcr
0598 c.R. 323
RiIIe. CO E1650
Treasurer/Altcrn4E Sec'
LaVerne Starbuck
3106 c. R. 342
Silq CO 81652
Secraarv
William M. ZiLn
OO90 Sunlight Dr
Glcnwood SPnngs' CO El6ttt
JanuarY 27,2000
Bortd of DiEr:tots
Kell-v Coucry
4745 c. R 315
Silt CO 81652
wilIiatn M. ZiLn
0090 Sunlight Dr'
Gl:nuood SPrings' CO El60l
LaVemc Starbuck
3t06 c.R 342
Silt CO 81652
Robcrt J' Zanella
107 VirginbRd
Ghnv/ood SPrings' CO El60l
Samuel B' Potrr
o59S c.R 323
R,IL' CO 81650
Jean Smith
3194 Highwa1 6 &'24
silt, co 81652
Dear Ms. Smith:
Encrosed is your approved application to amend contract #g50g1sJS(a) from 2 acre feet to 11 acre
feet.
you will note a couple of changes made by the g-*1 of Director: t:^y:.* application' when
contracting for augmentation wate'"?"* Wto DM{e outside use is automatically available'
therefore, under Description o{ u:;tiibo r+ ft "f.i;-*J g*arn irrigation for each (11)
dwerings,, ** Jaa"a,'-,a *i". ;rp;';i M;;;r;.o,a#g' *ur"uaa.d as the Board requires 4
totalizing flow meter'
If you have any questions' please do not hesitate to contact me'
SincerelY Yours'
g=o.,^,* m*ddc*k-
,J*"t Maddock
Administrative Assistant
Enclosure
cc The State Division of Water Resources w/enclosure
Oivision No' 5 Water Resources ilenclosure
KerD' D' S*d""'' Hydrologist w/enclosure
John L' Taufer' w/enclosure
Current Ll29l98T,
APPLICATION AIVD DATA FORM TO AIVIEND
WATER ALLOIT,IE}ffT CONTRACT WITH
WEST DIVIDE WATER CONSERVAIVCY DISTRICT
Conlract No. 950815JS( a)
Map ID No.198
Date Activateo LO /25 /95
A.F. to 11'o a.r.coMrR-A.cT # 9508 15JS(a) ATqENDED FROM
APPLTCAIVT Jean M. Srnith
2.4
N
B.
Mailing Address 1947 Hw
Telephone Nurnlcer 970 / 876 - 2
Aut,horized Agent or Represent,ative John Taufer
Water Court Case No.Well Permit No.
WATER RIGHT OWNED BY APPLICAMT OR BEING APPLIED FOR
Name of Right NA
T)4>e of StrucEure or RighE, Well
LocaEion of Point of Diversion (description from decree or permit)---ruwf rvW+-, S".tinn g. tOS.-n-gIW.-Oifr-Fit't., ZOO' from t'torth fine
I
NA
(Attach copy of permit)
C. IIiTTEIilDED USE OF LEASED WATER
Locat,ion of Area of Use (Inc1ude met,es and bounds legal descript,icin of
propertv on wlrich water- =1s}tr- *"-l: R?,*"*fi$: {?{.1""."8t??t"tr^ae ffiibitl' i q ior subdivisi.on rviis-in-rhE Nl^lt-NwL, :!!".""j ""d slrf sl^If,-
(ac.l-i.n a -
Tot.a1 acreage of above-referenced parcel '24 'o
Address of above-referenced property Same as Applicant
Description of Use
Total Number of Dwelling Unit,s
Number of Constructed Unit.s
Number of Vacant Lots 1-
de 9 sin 1e famil homes wj-th
Number ot VacanE IJots g_-t
Potable Water System We11. tank and distribution pipelines t-
TaIa<t.o-Wai. Fr Treaf,ment Srrstsem Ser:tic tank leachf ieldwaste-water Treatment system septic tank leachtield
Type of meter or measuring a"-To*c.-t rz-i n1
ProjecEed MonEhly Volume of Leased Water Needed in Gallons:
TIIESB FTGITRES ARB X ASTUAL DTVBRSTONS OR _CONSrrllPTrr/E USB ONty
(Actual diversions must be used unless contractee has an augrentation plan)
.T=n )oe, 1Ll Feb )9R 7L?, Mar 298.742gan. 2qR,j42 Feb.293.742 Mar.2g8Jt*Apr.
Sept.
298,742
29rJn May
Oct
298,742
T9*7nJune . ?,93J42Nov. 2q8,742
OTHER REMARKS
.fu1y ?=98.742
Dec. 298_.742
Aug. 298,7n
Annual Total Gal]-ons 3.584,904
Maximum Instantaneous Demand
-gpm
r.1.0Acre Feet
D.
/ - /b' ft')
Dat,e applied
WEST DIVIDE WATER CONSERVANCY
DISTRICT
PresidentApplicant
KNTWALLMENSYTHESIPRES€N1Sth.ot.Ronotdlf.ondJeonl,l.Smith;',i; ;;;'ii,"*l ;;-i;"';;;;i; ir it u't reot propertv described os'
A oorcet of lond situoted in Section !- old Section 9' Township 6 South'
Ronoe 92 t{est of tiz"iti' piir,:pa ugriari,- Gorfietd countv, cotorodo'
';;;;; ;-"r. porticutortv described os fottovs:
Beqhnnq of the interseclrbn of the westerly lne of soid Section 9 ond he
northerty riqhl of *')"iil'-i'-iig'n'oy.o 'ond
24' whence the
w t n e s s c om e r *, i ;i * ;; i;li:;i it i iie,"Z, : :?tr,'::,:,'^'! ::; X
^ _ . - . ? - ^Surveyor's Eross cop.q:9.o ) '^1-"::'-^: :';:.;;";)' county SurveyoTs Eross cop..-
beino relotive to soid-Iyitn"" Comer 9!/ ' Gorlield County S',
rouid at the southJo;i';;;"; ir soid i"iti' ;'"';;'s i 2:i'^a or N87'0e'11"8'
thence, olong soid "t"''y tie of Sect';; i' N oo4'79' w' 187'90 feet to
(he Northwert co*Zi')7"{ru \"Zitioi .e";rd' ii"-ii^* southwest Comer of
soid section t. tnen..-'otJ,i in" *r"rcal'iii -ot'soid seqtioll 1' N 0o39'J8" w
377.10 feet, thence'"J"|L7:,:irr'',ria-ilrtirr-tiri, u 54'4J'os" E' e'21 {eet to
the southwert ro*"iTr-'i plrrit ot lonii"airiTn'ia-;' Aoo* s6O ot Pose 433 otso
beinq o poin( in nZ i'*Jiioitus- vate"v ii"i'-in""e^'f3tlowino the described
souiherty tine o{ ,iia-iii."t ,rd Lo*", -'ciciJli ioiry Ditch, delcribed in soid
Book 560 ot poge'iil- tii following t0 (ten) courses:
ii-i Ei:tt'os" -E, zoe.6e reet; thence''h'Nbz'ts'11' E, 90.97 reel; thence'
il s -azos'sl' E, 82'87 reet; thence'
7t-NEz*oo' E' to5'57 reet: lhence'
4'i isn.s'ss" E. 2tt-7o feet; thence'
7t u n'sa't5" [, 69'61 teet; thence'
7t ru esio'tg' E, l89.Js feet; thence''6 i nvg'sa' E, 2Je'92 reet" thence'
u,l,!r:t;'-i::;5ru!!:':;"i;r!:i"7; o-r tess to o point on the eostertv
tiie of the swt/4 ;;1;; siuiTt or.siia
-sZtii' t' thence' southeriv otonq
soid eosterty m., ioi'ib iui to th".;";;;;;;i co'ner 'or the soid sw tl or
the SW l/l' thencJ";i;;.iie eoste,ty'i,.,'"i.in.-NWl/1 ol lhe NWl4 of soid
Section s. S o,.J;'ilY"E,'iiz,s,i'i.Jt i'o- o point on ihe northertv risht ot wov
tne of soid Hignvl)Z ila-1t,1h"n""'Jroi{ioia right of woy tine the
follovinq J (three courses/:'iiii aZoz'it' tY 732'ts reet; thence'
h n ot'sz'<6' E, 2o'oo feet; thenc.e''$';bZ";r';;" w s;;'ri-i"'it to the poht or besinnine'
Soidporcelcontoins24.gslocresmoreorless:hovebythesepresentsloid
out, plotted, o'a"siiai'toed the some-inTo loti os shoin hereon ond desiqnote
lhe some o, u*ui.7|i,ei in the coulti.it eorfiaa, Stote of Colorodo.
th o t s oi d o,n n' J o i".' ; ; ; ; i 1i1 ;i *, i;i,,'n2;':' : ", f ', ; : " r ; [f:' ;,:i!,,
::!', :;,!'{0, !!, "'
oiy 1;? ?:;;! ?'1 "'"; ; ii'i i o' 1i ai s o' i {o i a r e o r
property ,nicn oie-toittii " utitlty iisl-ninli in tne accomponying plat
os perpetuot "o"J-Jiit"i'iin" nitiiiii' oid mointenonce o[ utitities'
iniqotiort, ona ai'ili;J iititiiit' na'ii'i oit not timited to etectric
tnes, ryos '^"'. i'iJii'";1;;1'. towthei with the rtsht to trim
interrering tr".r'irl i-sh; vith pai'iiioi iignt ot ingress ond esress for
inslotlotion o'a i'"ni"ii;'" or iu"i-'iiu'' iuch eosemenls ond rights sholl
be utilized in o reosonobte ond prudent monnen
"'-.)
*.r-l'L : -.fi -.::.Eitr:g' i,-{. . r.. ..r\+ i
!;!J
DATE: JAiIUAFIY 3' 2ooO
rIIIIIIII!lrrrrlrllrlrrrr
FIESOUFICE
ENGINEEFIING tNG
I
lr
lI
h
l:
lr
lr
lr
Dear John:
Resource Engineering, lnc. reviewed and analyzed the pump test data from samuelson Pump
Co. The pump ,".i' *"" conducted on the Smith Well proposed to serve Ukele Acres
Subdivision located in Garfield County *".iot Silt' A copy of a map showing the location of
the well is attached.
The well is proposed to serve 11 homes on 9 lots for inside use only' lrrigation water will be
from a separate raw water system. The average daily demand for the subdivision at full
build-out is estimated to b" 3,-gso gpd based on 3.5 persons per household and 100 gpd per
person.
The well is completed in colorado River alluvium at a depth of 78 feet' Static water level has
been observed at 4b,3,, betow top of ".;;;;;;Nor.rb"t 21, 1998 and 43'6" on June 22'
lggg.Thebottomofthewellisbelowt-heColoradoRiverlevelwhilethewatersurface
elevation is above river level. The well na" tet*e"n 20 to 25 feet of water above the level of
the PumP.
A24hourpumpingtestwasconductedatl6.6gpm.Atotalot23,T60+gallonswere
pumped during ,n" i".,. This exceedr,;'" .r"r.ge iaily demand by over six times' The total
l**Oo*n *rt g.OZ feet out of the 24+ teel available'
only 4o minutes of well recovery data was collected and the well had not recovered to its
pre-test level, however, the well exhibited steady recovery during the limited observations'
Copiesofthepumptestdata,dataSummaryanddrawdowngraphareattached.ltisour
opinion that the s*i,n well can provide-an "i"qu.," physical water supply for the in-house
uses associated with 11 single family dwellings'
SincerelY,
Mr. John Taufer
John L. Taufer and Associates
PO Box2271
Glenwood Springs CO 81602
RE: Ukele Acres Well
PSB/mmm
773-1 .O ir PumP t0t.7?3'wpd
Attachments
January 1O,2O0O
/ttz-
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings' CO Bl 601
3. Bussone, P.E.
Water Resources Engineer
r (97O) 94=-6777 I Fax (97OJ 945'1137
SMITH WELL PUMP TEST
TIME (MlNurES)
100 loooo i* RECOVERY
trlrllrl
U2
Z
=oo
=E.o
0
0.5
1
1.5
2
2.5
3
3.5
4
(FT)
0(t)
SMITH WELL PUMP TEST
WATER DRAWDOWN
TrME(MlN)
(t)
0
1
2
3
4
5
6
E
10
12
15
20
30
40
53
60
90
120
1E0
240
300
360
420
730
1210
1449
1452
1456
1461
1467
1475
1485
1497
1512
1532
1562
1602
484.00
364.00
292.20
244.50
184.38
148.50
124.75
100.E0
76.60
52.07
40.05
LEVEL(FT)
43.54
44.96
45.08
45.04
46.31
46.23
46.56
46.58
46.75
46.6
46.65
46.69
46.72
46.75
46.6
46.E1
46.85
46.85
46.88
46.92
46.92
46.92
46.92
47.21
47.29
47.16
45.79
45.77
45.73
45.69
45.67
45.62
45.62
45.5E
45.56
45.48
45.46
1.42
1.54
1.5
2.77
2.69
3.O2
3.04
3.21
3.06
3.11
3.15
3.18
3.21
3.06
3.27
3.31
3.31
3.34
3.38
3.38
3.38
3.38
3.67
3.75
3.62
2.25
2.23
2.19
2.15
2.13
2.08
2.O8
2.O4
2.O2
1.94
1.92
3
4
5
6I
10
12
15
20
30
40
Form No.
GWS-25
APPI-ICANT
cFFrcE oF ri-tE sr4rqE-ry.q1[E1T
u 6L'dR# .-. "+'! nib"ry "q"r_waIF#,F
E s o u Rc E s
Hr". hlr.lffi ia'# aTs' s n i ffi I ilsi'l o6n' e r' c o I o rad o 80 20 3
(303) 866-3581
RONALDW&JEANMSMITH
31947HWY6&24
srLT, CO 81652'
Section 9
92 W Sixth P.M'
1) This we, sha, be used in such a way as to cause no materiar injury to existing water rights' The issuance of this permit
does not assure the appricant that no injury wi, occur to another vested watei right or preciude another owner of a vested
water right from seeking relief in a civil court action'
2) The construction of this we, sha, be in comp'ance with the water we* construction Rures 2 CCR 402-2, unless approval
of a variance has been granted by the State Borro of Examiners or water welr construction and pump rnsta,ation
Contractors in accordance with Rule 18'
3)ApprovedpursuanttoCRS3T-90-137(2)fortheexpansionofuseofanexistingwell,Permitno.50T6T.F(expired),
appropriating grounJwater tributary to the cororado River, as an arternate point of diversio_n to the Avaranche canar and
Siphon, on the condition that the well ,r,urr i" op"ratea onty wnen tne We'i oiuio" water conservancy District's substitute
water suppry plan, approved by the s,r," gngrnu"r, i. in effect, and when a water arotment contract between the we' owner
and the west Divide water conservancy oisirict for the rereas" of ,*ftr"urent water from Ruedi Reservoir is in effect' or
under an approved plan for augmentation' WDWCD contract #950815JS(a)'
4) The ord we, constructed under permit no. 105g3 and previousry permitted under permit no' 40427-F must be plugged and
abandoned in accordance with Rure .r 5 of the water we, construction Rures. A we* Abandonment Report form must be
submitted affirming that the old well was plugged and abandoned'
5) The use of ground water from this welr rs
'mited
to ordinary househord purposes inside 11 singre famiry dwe*ings' the
irrigation of not more than 1.5 acres of gardens and rawns lapproximaiely 6,000 square feet per dwelling)' and the
watering of domestic animars. A' use of thJwe, wi, be curtailed unress ihe water a'otment contract or a plan for
augmentation is in effect'
6) The maximum pumping rate of this well shall not exceed 15 GPM'
7)Theaverageannua|amountofgroundwatertobeappropriatedshallnotexceedllacre-feet.
B) The owner sha, mark the we, in a conspicuous prace with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means-and precautions to preserve these markings'
g) This we, sha, be rocated not more than 200 feet from the rocation specified on this permit and not less than 600 feet from
,r, 1",'"il:l|ln,[i]',"'"r must be l"'f""d ?,"-1t: Y:]::.',5:'il::il:f,Tl,ffi[il;i;:.?;iffffi[T'Jffi:::l
diversions must be maintained by the well o*ne, lr"coroed at reast anriuary) and submitted to the Division Engineer upon
request. pb = -24 - ]ax>
WELL PERMIT NUMBER
DIV. 5 WD 39 DES. BASIN
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 NW 114
TownshiP 6 S Range
DISTANCES FROM SECTION LINES
2oo Ft' from North Section Line
(970) 876-2070 . ri F\,,^f,r,^ ra,E, , 650 Ft' from *Tl- '"o
ttjI
HANGE/EXP4 EXISTING
;nffirr D.ES NCr coNF=RA*AI-ER RIGHr
CONDITIONS OF APPROVAL
APPROVED
JD2 t{A820 z$t ".*RAT
No.tr-l
State Engineer
APPENDIX
!THTIIIIIrIIIIt"'FIESOUFIGErNcENGINEEFIING
Mr. John Taufer
John L. Taufer & Associates
PO Box 2271
Glenwood SPrings, CO 81602
RE: Smith Subdivision
May 17, 2OOO
Dear John:
A copy of the results of the Microscopic Particulate Analysis (MPA) for the smith well
is attached. The analysis showed no .i".oo].ganisms observed (n'o') And concluded
that the Risk Level is 0 or "low"'
These results should be provided to the treatment plant designer and to the colorado
Department of Public Health and Environment'
lf you have any questions, please call me'
SincerelY,
RESOURCE ENGINEERING, INC.
Water Resources
PSB/dlh it mpa rssults'773'wPd
773-1.O
Attachment
Consulting Engineens and Hydnologists
9OS Colonado Avenue t Glenwood Spnings' CO A'1 60l I tgTO)9458777 ' Fax [97O] 945-1137
Colorado Department of Public Health and Environment - Drinking Water Section
REPORTING FORM FOR MICROSCOPIC PARTICULATE ANALYSES (MPA}
YES il OT NO il THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REOUIREMENTS
PWSID #:_ COUNTY:Garfield SAMPLE COLLECTED By: Tom ptatzer
SYSTEM/ESTABLISHMENT NAME: Ronald & Gene Smith
SYSTEM ADDRESS: 31947 Hwv 6. Sitt,CO
DATE SAMPLE BEGAN: 4/26100 DATE SAMPLE ENDED: 4l27l9O
SAMPLE START TIME: 0935
------For Laboratory Use Onlv Below This Line------------
LABORATORYSAMPLE# 099-378 SAMPLE METHOD 1994 CDH Modifications
LABORATOFIY NAME Microsearch Laboratorv LAB PHONE# @7Ol 241-i446
DATE RECEIVED INLABOHATORY 4/28iOO DATE PROCESSED 4I29IOO
PLEASE CHECK WATER TYPES: RAW({ )
SOURCE/WTP NAME:
MICROORGANISMS
Cryptosporidium tot.lFA Count
Giardia total IFA Count
Nondiatomaceuos Algae
Diatoms
Plant Debris
Rotif ers
Nematodes
Pollen
Ameba
Ciliates
Colorless Flagellates
Crustaceans
Other Arthropods
lnsects/larvae
Other
Giardia by Consensus Method
Coccidia by Consensus Method
EVALUATION
CENTRIFUGATE REMOVAL
MICROORGANISM REMOVAL
TURBIDITY, NTU
RISK LEVEL (Ground Waterl
SAMPLE END TIME: 1830 am/pm
FINISHEDO SURFACEO GROUND ({ )
OUANTITY SAMPLED R = 1.8O9 qal.
RAW WATER
(Numbers/1OO G)
N/A
n,o.
n.o.
n.o.
n-o-
n -o.
n.o.
n,o.
n_o
n.o.
n.o.
_ n.o.
n.o,
n.o.
n -o_
no
PERCENT RED.
0=low
FINISHED WATER
(Numbers/100 G)
N/A
LOG REDUCTION
n.o..'= none
Reviewed & Approved by
MAIL RESULTS TO:
2on Y./i-/t ^g/z/oo
Title
colorado Department of Public Health and
WOCD-CMDM ATTN: Erica Kannely
43OO Cherry Creek Drive South, Denver,
Date
Environment
co 80246-1 530
(970) 945-1004
FAX (970) e45-5948
ENGINEEBS
T-.-M-
scHMuEsEB :-
GORDON MEYER
118 West 6th, Suite 200
Glenwood Springs, CO 81601
April 20, 2OO0
Mr. John Taufer
John Taufer Architects
P.O. Box 2271
Glenwood Springs CO 81602
RE: Smith Subdivision
Dear John:
I am providing this letter to discuss comments provided to Kit Lyons of the Garfield County
Planning Office regarding the drainage on Ukele Acres Subdivision from Michael Erion of
Wright of Water Engineers.
Mr. Erion's comments regarding drainage were requesting the Applicant to provide additional
information regarding how the proposed system fits in with the existing drainage system
relative to Ukele Acres. Regarding this issue, borrow ditches exist parallel to Ukele Lane and
drain from north to south towards the Highway 6 right-of-way. Once at the Highway 6 right-
of-way, drainage then proceeds in a westerly direction in the highway borrow ditch along the
north side of Highway 6 to a point approximately 300 feet west of the project site. At that
point, water discharges both under Highway 6 and the railroad, through a culvert for eventual
deposition into the Colorado River.
Regarding the project itself, the project is bounded on the east by Ukele Lane, on the north
by the Lower Cactus Valley Ditch, and on the south by Highway 6. lf one were to discount
the existence of Lower Cactus Valley Ditch, additional off-site drainage could be tributary to
the site from a 17-acre basin bounded by Ukele Lane on the east and a ridge along the west
and north sides running in a northeasterly direction.
As was discussed in our drainage calculations report submitted with the Preliminary Plan
application, the proposed drainage system will enter the existing system by reducing
developed flows on site (based upon a 25-year rainfall event) to the historic rate of flow.
Detention ponds are proposed to be constructed to accommodate that goal. A detention pond
is proposed to be located in the southwest corner of Lot 3 which will reduce the developed
peak flow rates to the historic rates for Lots 1 through 3 and 7 through 9. This detention
poind volume would be 5305 cubic feet. This volume would be gained by providing a square
footprint (excavated into existing grade) of 55 feet x 55 feet. The depth of excavation would
be to two feet. The controlled outlet for this pond would be a 15" diameter CMP sloped at
one percent slope. The capacity for this culvert has been identified in the calculations
attached for the drainage calculations. This facility, being a copmmon facility for new road
infrastructure and six lots, would be constructed by the developer.
April 20, 2OOO
Mr. John Tauffer
Page 2
ln regards to individual lot detention identified for Lots 4, 5 and 6, it is proposed to locate the
detention ponds in the lowest points of these lots. However, for Lots 5 and 7, it is noted in
our drainage report that it could be argued, since existing development is already in place on
these lots, no detention requirement is necessary. ln the event that detention is required for
these lots, it has been determined that 535 cubic feet of volume for each pond is necessary.
Accordingly, a 1 /z' deep x 2Q' square pond bottom would be necessary to contain the b35
cubic foot detention volume.
Again, calculations are attached to the drainage report which identify the performance of an
8" diameter CMP serving as a controlled outlet for each one of the ponds and being sloped
at one percent slope. lt is proposed that these ponds be installed by the individual lot owners
and be responsible for maintaining the functional detention basins.
The original intent of the drainage plan was to have the ponds on Lots 4, 5 and 6 be
constructed individually (as previously stated) and, therefore, Note #13 as stated in Mr.
Erion's letter regarding construction by individual lot owners is valid in requiring engineering
criteria for the pond construction to comply with County regulations and the Master Drainage
Plan be identified on the plat.
Additionally, Michael mentions that it be a requirement the pond be designed by a Colorado
Registered Professional Engineer. However, please note that the purpose of not identifying
a specific location for the ponds at this point in time is due to the fact that, by in large, on-
site development of individual lots will themselves determine the specific drainage patterns
and the specific location of the pond placement itself . The specifications identified on the
Master Drainage Plan (drainage and grading plans submitted with the Preliminary Plat) identify
the specific requirements regarding volume and controlled outlet construction necessary to
be incorporated into the design. However, specific siting and runoff has not bee provided
since individual on-site lot development will affect the design. We have attached (in
accordance to Note #12l a schematic typical section for the detention pond that could further
serve to clarify detention pond requirements, once a specific location relative to future lot
development has bee identified.
Hopefully, this letter has served its intended purpose. lf you have any questions or
comments, please don't hesitate to call.
Sinc
RDON MEYER, lNC.
J 9112a.5
Enc sures
SCHMUESER GORDON MEYER, INC.
EN'G,,VEEAS:- =1.=--;..-;
-5r.
"M-
suevEYons
SCHA'UESEF
GOROONilEYER
118 West 6th, Suite 200
Glenwood SPrings, CO 81601(970) 945-1004
FAX (970) 945'5948
May 8, 200O
Mr. John Taufer
John Taufer Architects
P.O. Box 2271
Glenwood Springs CO 81602
RE: Ukele Acres - Silt, Colorado
Dear John:
PertherequestofMichaelErionofwithWrightofWaterEngineers'lamprovidingthisletterto
address the 100-yeaitrooopr.in and its potentiat impacts upon ukele Acres'
on a site investigation performed on May 4, zooo, the purpose of which. was to specifically to
identify off_stream routing of drainage, we determined that no frooding resurting from the 1..-year
event from restrictive curverts on High*;i dI-i+ tro*.eitheioff-site uibutarv drainage or colorado
Riverfloodplainwillimpactthesite.Thesiteitself,drains,aspreviouslymentionedinpriorreports,
to the west to a curvert that eventu.lrv ai..nrrges into. tnJ cotot.do River' The elevation of
Highway 6 & 24 ,r1r," point r. which ,ni! o,rr"* Iror"r, HLnwav 6 & 24'.is much lower than the
rowest point on ,..-uti" Acres site. or1 nrnor.d-year noof*atlrs from the ukere Acres site will
remaininhistoricp.*"'n'bydischargingintothissamegeneralarea.
Upon receipt, if you have any questions or comments, please don,t hesitate to call.
N MEYER, INC.
AGRDEMtrNT
(Ditch Easem*t'-i"*t Cactus Valley Ditch)
THIS AGREEMENT is made af intele"!-1-1to
bv and betwee-n RONALD W' SMITH and
IEAN M. sMIrH G""'ilr*';;;'ii'"rv'"r""'J *i;;-";;;iti"') "'111"
GRAND RIVER
DITCI{ CoMPANY ("Di;i' a";;;unv"l'it'it dav of November' 2000'
RECITALS
A. The Ditch Company is.the owner of the Lower Cactus Valley Ditch' also known
as the Grand River Ditch (the "Ditch")'
B. Smith is the owner of the property shown onthe.proposed Final Plat for ukele
Acres (tlre "Propertv") il#il-; "i qirt' c"'"t;;'b;;ri"ra' sLtt" or colorado' a copv of
fi;t ffi it "ttl"r'"a
hereto as Exhibit A'
C.TheDitchislocatedalongandtraversesthenortherlyl::ld""ofLots6'7'8and
e of the property uno td;ffiilrd *,* r'ir,lii..ri;;"dJa Ditch maintenance activities
on rhe Property alorrg tri""'o'tt'ttty'barrk of the Ditch'
D.Thepartiesdesiretosetforttr'theiragreelnentwithrespect.totheeasementfortlte
Ditclr as it traverses ;;J;' ;' ;;Js or uk'I" ;:;;;';l'*n on Exiribit A attached'
AGREEMENT
NOW,THEREFORE'inconsitlerationoftherecognition'covenantsandagreements
herein .onttil'ed' the parties agree as follows:
I. Easeme.t' rhe parties ':::,':','fi,11:;i;?l'1?:t[1,:,',"X'il'L:"T1lii'r"i-
;l1hlf;J;ff#,lxiiJ;1',:'T:llfi'f tlffi;ilJ"iYl:l-":o.5Tl;il1},lliJfili:
?,'"',fi ii,1':i:1.:T,T*ix",'-'i.',.'}Ti{q.';.1i,',*flt,;,t,,illl*'*ffi tf **[1*
;:;il;J";it;ing and in place' as more partrcura
and right_of-wuy in"r,j',ru"r"ii,r,"riliri,.,i.",;JJ#;;;.r.,i"a
vehicles and equipment' and
the Ditch Cornpany .iJ*n.',O and agrees ,o..o'iint una limit its access' rnaintettance' repair and
operatirrg activities tt"ir'#'t'lt tintuin"a within the easement'
2 ffi ,:"il'l:ffi::I:fll"fl:f iffiiflii" tl#il :;
following covellants
wit:
(a)Nouseofthelaldscontainedwithintheeasementwhichtendstoobstruct
or ittterfere witlr the uitcr, corfrai;'; ; of tlre easemerrt slrall be pernlitted.
(b) No fences' gates' slteds or otlter improvetnents and no trees' shrubs or
landscaping' other than
"^'LI''i"'"tui
u""pr"t"d' maintained or permitted
*ltt'in it'"-""'ement' ([he'tttn C""""'''l'"ll l''"'"'"o obligation to restore or
repairdamagetoany"""'o'i"*l-"i"u'ui"t^inedwithintheeasement'
occasioned by the Ditch Co''puny't use of the easement')
(c) No lot owner' tenant' occupant' user''suest'^YTn[1"f;:tl]"fiH:i
anownerortenant,oranyotherperson.claimittganl
"ing
tf* Property' or any part tltereof' shall:
(i) take water from the Ditch' disturb or otlterwise interfere with the
Ditclr Cornpalty's operation or use of tlle Ditch;
(ii) ttsc tltc Di(ch for switntnirtg' tubing' boatirrg or sinrilar recrcatiolral
activities;
(iii) block, obstruct or interfere with the flow of the Ditch;
. (iv) install, construct or place any planks, boards or bridges on or across
the Ditch, or dig or tamper with the Ditch or the Ditch embankment.
(d) No drairrage or pumping of waters or runoff from the Property into the
Ditch shall be permitted.
3. Recording and Birrding Effect. This Agreement shall be recorded in the records
of the Garfield County Clerk and Recorder and shall run with the land and be binding upon and
inure to the benefit of the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of
November, 2000.
THE GRAND RIVER DITCH COMPANY
Ronald W. Srnith
Jean M. Smith Luther L. Lewis, President
STATEOFCOLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this _ day of November, 2000,
by Ronald W. Smith and Jean M. Smith.
Witness my hand and official seal.
My commission expires:
Notary Public
STATEOFCOLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this _ day of November, 2fi)0,
by Luther L. Lewis, as President of the Grand River Ditch Company.
Witness my hand and official seal.
My commission expires:
Notary Public
By:
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SCHMUESER i GORDON ; M8/ER
ENGINEERS 6 SURVEYORS
22 Sept. 2000
Job No. 991 12
DESCRIPTI1N_L7WERCACTUSVALLEYDTTCHaSEMENT
A ditch eosement for the Lower coctus volley Ditch, olso known os the Grond
Riir Ditcn (the "Ditch'), situote in Section 4, Township 6 f9uth, folgt g?
tlest of the 6th Friiiiiit Meridion being otl thot portion of Lots 6'7'8 and
g, of tJkete Acres lying northerly of o 7ir" tocoted tygnty five (25) feet
,'oitnurty of ond' piiiroit"t to thi south bonk of the Ditch os existing ond in
ploce, being more porticutorly described os follows:
Beginning of o point on the west line of soid section 4 whence the slf comer
of soid Section 4 beors S 00'J9'J8" E 353'26 feet;
thence, N 7o.Jg,J7'' W, 24,14 feet olong soid Section line;
thence, N 54'43'09" E, 218.90 feet;
thence, N 67'43'/4" E, 90.97 feet;
thence, S 87'05'J4" E, 82-87 feet;
thence, N 67'28'00" E, 105.57 feet;
thence, N 85'09'35" E, 211.70 feet;
thence, N 77'38'45' E, 69.61 feet;
thence, N 69'10'19" E, 189.35 feet;
thence, s 75'09'38' E, 2J9.92 feet;
thence, S 65'29'15" E, 51.09 feet;
thence, 5 5l'46'J8" E, 159.25 feet;
thence, S 00'40'16' E, J2./2 feet to o po17t 25 feet southerly.of the south
bonkoftheditch;thenceolongsoidline25feetsoutherlyoftheditchbonk
the following courses:
thence, N 70'17'32" W, 30.46 feet;
thence, N 51'56'4J" tl/, 1/0.67 feet;
thence, N 56'22'22" W, 6J.53 feet;
thence, N 73'01 'O I " W, I 75.85 feet;
thence, S 8J'35'07" ti/, 156.67 feet;
thence, S 66'49'29" W, 49-94 feet;
thence, 5 74'45'37" li/, 120.50 feet;
thence, S 87'27'12" W, 71.04 feet;
thence, S 87'20'58" W, 40-98 feet;
thence, 5 84'04'/ /" l,l/, 8l-28 feet;
thence, S 65'45'09" W, 61.78 feet;
thence, S 74'15'27" W, 70-48 feet;
thence, N 8l'40'/5" W, 58-19 feet;
thence, S 72'lO'45" W, 45-16 feet;
thence, 5 62'0J'23" W, 59.96 feet;
thence, s 52'04'49" W, /24-70 feet;
thence, s 65'22'J7" li/, 86.99 feet to the point of beginning, contoining
47,017 sq.ft. or /.08 ocres more or less'
GLENWOOO SPRINGS
I 18 w. erH, sulrE 200
GLENWOOO SPRINGS, CO 8 I 60 I
970-945- loo4
Fx: 970-945-5948
ASPEX
P.O. BOX a 155
AsPEN,COgl6l2
97+Q25-O727
Fx: 970-925-4157
The nome
description
I 18 lirest
ond oddress of
is Kenneth R.
6th Street, Suite
ted the obove legol
hmueser Gordon MeYer,
Kenneth
the
ffiio*l{'"$
Colorodo E/601.
lnc.,
DEC-OB-2OOO FRI 12:03 PlI BEATTIE AND CHADT^IICK 970 945 8671
EASEMENT AGREEMtrNT
Dunbnr Springs No. l, 2, 3, and 4
THIS EASEMEI\IT AGREEMENT is entered into rhis .- day of2000' between Ronald W. Smith and Jean M. Srnith, whose addffiis irqqTHigh*ay 6 & 2aSilt, Colorado, 81652, Grantors, and Todd Peek ani Tonya Duplice, whose uaoi.rr is 31g27I{ighway 6, Silt, Colorado, 8l,652, Crrantees
RECITALS
o. -qqr:, own real properry described as [TNSERT LEGAT DEscRIprIoN oF
PROPERTYI.
B. Grantees own certain water rights fbr Dunbar Springs No, I, 2,3, and4, case No.79CW87.
C. Grantors own real property described in Extribit,\ which Grantors intend to subclivide asthe IJlcele Acres Subdivision in Garfield County, iolorado, in accordance with the
Preliminary Plat approval for lIkele Acres set forth in Garfield County Resolution No.2000-038
D Grantees wish to have a written easement agreemeut showing that they have legal access
aoross Lot 6 of the Ukele Acres Subdivision in the area sh.own as the "Dunbar Access
Easement" in Exhibit B, to operate, maintain, repair and replace existing water rights
structures' Grantors are willing to grant a written easement for this prfrosr.
AGREEMENT
NOW THEREFORE, for and in consideration of murual promises and agreements sotfbrth below, the zufficiency of which is hereby acknowledged, Ckantors and Grintees agree asfollows:
1. Crrantors quit claim to Grantees a non-exolusive easement over and across thatportion of Lot 6 of the Ukele Acres Subdivision shown as the'Dunbar Access Easement,, inExhibit !, Ttrytpose of the Easement is to provide access to Dunbar Springs No. r, 2, J, and4, Case No, 79CW87;_andto operate, maintain, repair and replace water rightlstructures.
Grantees shall not build any structures on Lot 6 except as necessary for the purposes of theEasetnent. Grantoes will restore the surfacd oflot 6 to its prior condition iithiv aisturU it.
Access shall be on foot only, unless Grantees require a"c"si by mechanized equipment, in which
case they shall obtain prior approval from Grantors,
2. Crrantees flnowl9dg9 the existence of an ernement for the Lower Cactus ValleyDitch as shown on Exhibif B, and acknowledge that Cnantors and the Grand River DitchColqany have an easemepi lslgeqent fpr this ditch. Grantees agree not to take any actions thatwould violate the easemopt for.thg Lower Cactus Valley Ditch.
3' If Grantees' water rights are ever abandoned or moved to another location not onLot 6, this Easement will automatically terminate.
t
P, 02
DEC-OB-2OOO FRI 12:03 PII BEATTIE AND CHADI,IICK 970 945 8671 P, 03
4. This Easement Agreoment shall bo binding upon ttre parties and their heirs,
executors, administrators, strccessors, and aesigns.
5, This Agreement shallbe recorded in the real proporty records of Garfield County,
Colorado, at Grartors' expense.
IN WTINESS WIIEREOF, the parties have signed this agreement on the dates written
below.
GRANTORS GRA}ITEES
Ronald W. Smith
Date:
Todd Peek
Date;
Jean M. Smith
Date:
Tonya Duplice
Date:
srATE oF COLORADO )
coLrNrY oF GARFTELD ]
*
The foregoing instrument was acknowledged before me this day of
2000, by Ronald W, Smith and Jean M. Smith,
Witness my hand and official seal
My commission expires:
Notary Public
srArE or coLoRADo )
couNrY oF .ARFTELD l*'
The foregoing instrumert was acknowledged before me this day of
2000, by Todd Peek and Tonya Duplice.
Witness my hand and offcial seal.
My courmission expires:
Notflry Public
2
s SCHMUESER i GORDON ] MEYER
E"O'*EERS 6 SURVEYORS
GLENWOOO SPRINGS
I l8 W. 6TH. SUITE 200
GLENWOOO SPRINGS, CO 8 I 60 I
970-945- I OO4
FX: 970-945-5948
ASPEN
P.O. BOX 2l 55
ASPEN,CO8I6I2
97o.925-6727
rx: 970-925-4 I 57
22 Sept. 2000
Job No. 991 12
DESCRTPTION-DUNBAR ACCESS FASE|q|ENT
An occess eosement situote in Section 4, Township 6 South, Ronge 92 llest
of the 6th Principal Meridion being more porticulorly described os
follows:
Beginning of o point on the west line of soid Section 4 whence the Sllr corner
of soid Section 4 beors S 0O'J9'38" E 254.73 feet;
thence N OO'39'38'W 98.53 feet olong said Section line to the south line of
o ditch eosement for the Lower Coctus Voltey Ditch; thence N 65'22'37" E
86.99 feet olong soid line; thence N 52'04'49" E /01.20 feet olong soid
line; thence S 0O'00'00" W 54.55 feet; thence .S 47'55'50" l'lt 212.55 feet
to the point of beginning, contoining I I 175 sq.ft. or 0.256 ocres more or
/ess.
The nome ond oddress of the person who creoted the obove legol
description is Kenneth R. fi/ilson,1L.S.hmueser Gordon Meyer,/nc.,
l'18 l/est 6th Street, Suite 2 Colorodo 81601.
Kenneth R.
i. LS ts7lo :*gzi"*^ ^o;'.^?'.'*o':'l:;t
l#t6i"q
PHONE tlo. i 9?824L?6E.2
FRfll4 :. l'1DY-ConsuItinB Engineers
DATE:t t/29/01
SIGNEI}:
Trr, o*rrt, ARE ILLEGIBLE'
?;ffi**#:i:bF:iF,l"**EE,,t
t97ol ?,o-r'2''22
;lrx; iszoi 1+t-a,r,6z,
FllIIt,co\rER
TO:MARKIJEAN,GARFIELDCOUNWBUILDNG&,PLANNNGDTRECTOR
RECEIVING FAXNO': ProS 384-3470
FROM: L#rRK D' YOUNG' P'E'
NO. OF PAGES INCLUDING COVER:
IIIDY Co*satrrlfr EttGrNEEns INc
RE: oo-507: uo':l* D couNrY
-
RE sp,cr,'t nLY st t I M ir*ib' /4*
Nov. 29 ?:Pl@t E9:59RN PT
TIME: 9:55 A'M'
LrA/s
'
J'
-'' lttr Lffitv*'t,Lt
'f :,1y,Tif;,y:,';ii#;frF{f':'
-, rneE t-DfL PdTl-o,rn
C""ty Con*tzuctLo, Co.
BARRY SMITH
303. 625. 4907
1458County Road 233
Rifle, Colorado 81650
April 10, 2001
Mark Bean
Dear Mark,
Enclosed is a certification of work completed to date. We
would request a reduction in the security in the amount of
$ 46,460.60. If there is anything else that you needfrom us please
don't hesitate to call. Thankyoufor your assistance.
EXCAVATION AND SITE WORK
FROI'1 : l'1DY-Consuiting Engineerst
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PHONE NO. : 91A24L2562 t1ar. g5 aAAt E8:A3RN
INC.MDY Cousutruxo Excwa
HORI ZOII PABK PLAZ,A
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GRAITD rrInrCTIOIf' CO 815[,6
PEIIr (e?Ol z*l-nt/IB
rArk (9?Ol ?.11'a662
FAXCOER
DATE: 3/5/2001 TIME: 7:26 A.M.
TO; TUTARK BEAN, GARFIELD COTTNTY BUILDING & PLANNNG DIRECTOR
RECEIVING FAx No': (970) i84-3470
IF YOTJ DO NOTRECETTTEANYOT IN'.
II.ET 5 E CONTACT US I M fiIE DT ilE LT.
FROM: MARK D. YO{ING, P'E'
NO. OF PAGES INCLUDING COVER: 2
RE-. a0-507: UKELE ACRES SUBDIWSION *
- CERTIFICATION FOR GARFIELD COUNTY
COMMENTS: MARK*
Puft.lurlNf ?u y()UR kEStJE$.t.oN FttInAI, M\RCH t,200t, PLEASE FIND iln\Ewrl,H A coltY QF tlUR 1EIITIFICA.II0N
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ffE WOULD LIKETO E,Y}REs.T O,/JR APPRECIANON J''O'R YO(/R dSSISftMC E M'GNRDING TTIE PROCESSNO OF I'HTS
FHNSE OF THE DEVELO,PMENT FOR TJKELE A(RNS'
?LE*SE NOTE: l.$ ,yE DIs(x/SdE D, MDy STI;'L'J'dSNO7' rtt RECEtvtiD ANtCoPtt:S OF rHa AtfROvED' SIGNED' AND
SEAI.EI} CONSNTI)CTJON DOCTJMEN;IS I"g" COIVSIIi UC'II()N TMNS' SPECIFICAT'IONS' NRAINA}E & $;Oil'S REPORT!;'
TIOWEVER, Mfr, BARRY SMI'I\I WNI. BE OBTAINING ALI' OFruIESE DOCUA{ENT*'
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HORIZOIT PARK PLAZA
743 It'otlzon Coutt, Suite 311
Grand Junction, CO 81506
PEI[: (97()1 241-2122
FAX: (9701 24L-2662
March 2,2001
Ronald W. & Jean M. Smith, Owners
Developers of Ukele Acres
31947 Highway 6 &24
silt, co 81652
NE: 00-507: UKELE ACRES SUBDIVISION - Certitication of Construction Costsfor Garfteld Co.:
* Construction Costsfor Work In Place lo Date as of 12/21/2000, per Curly Construction Co.
Contract Amounts shown in Final Revised Yersion #2 Document uA" Dded 12/21/2000.
* Balance of Constraction Costsfor Work To Be Done, as per Contruct Amounls shown on
Curly Construcfion Company's Final Revked Venion #2 Document "A" Dated 12/21/2000.
Dear Ron & Jean,
This letter is pursuant to a request made by Mr. Mark Bean, Building & Planning Director of Garfield
County on Monday, February 26, 2OOl. Which required a certification of a registered professional
engineer in the state of Colorado regarding the Construction Costs for Work In Place to Date as of
12721/2000, per Curly Construction Company Confiact Amounts shown in Final Revised Venion #2
Document uA' Dated 12/21/2000. Balance of Construction Costs for lTork To Be Done, us pet
Confiact Amounts shown on Curly Construction Company's Final Revised Yersion #2 Document "A"
Dated 12/21/2000.
We have subsequently corresponded with your General Contractor Mr. Barry Smith with Curly
Construction Company per your request via telephone, and fax to facilitate this certification. Upon
completion of this review, we faxed our tabulations to Mr. Barry Smith, for his review, and approval
which we received on Thursday, March l, 2001. Mr. Barry Smith, then delivered MDY's fax dated
3ltl20}l under File I.D.: MDY/00-507/INU507F5.DOC to Garfield County C/O Mr. Mark Bean.
Subsequently, Mr. Mark Bean, communicated with Mr. Barry Smith via telephone on Friday, March 2,
200t, ihat Garfield County would need verification of construction costs associated with work in place to
date, and verification of work to be done in accordance with the Contract Amounts shown on Curly
Construction Company's Final Revised Version #2 Document uA" Dated 12/21/2000.
Upon receipt of a fax, and corresponding telephone conversation with Mr. Barry Smith, today on Friday,
March 2,2OOl, which indicated acceptance by Garfield County based upon this statement, and including
MDY's certification letter dated lll2Ol2OOO, certiling work in place, and certification of the associated
construction costs for work to be done. All of the aforementioned communications were pursuant to a
concern regarding a certification requirement by Garfield County in regards to the funds needed to s@ure
the remaining construction costs to complete the development of UKELE ACRES SUBDIV
?ttDc,l?q I o{2
00-507: UKELE ACRES SaBDIVISION - Certification of Construction Costsfor GarJield County
%D04?ry t o(2
00-507: UKELE ACRES SUBDIVISION - Certiltcation of Construction Costsfor Gartield County
Subsequently, MDY Consulting Engineers, Inc. in response to the requests of all the parties mentioned
above, have conducted a review of both the construction contract & billed amounts titled: Final Revised
yersion #2 Document ..A, dated l2l2lt2OOO C/O Mr. Scott Sobke (Please reference a copy herewith)
prepared by Mr. Barry Smith of Curly Construction Company (C.C.C.) the General Contractor on the
project, ani the preliminary Engineer'i Cost Estimate dated llzgt2}Ol (Please reference a copy herewith)
prepared by the engineer oi.""oid Mr. Jefferey S. Simonson, P.E., with Schmueser Gordon Meyer (SGIO
'of
Ctenwood Springs, Colorado. Please reference our findings, and conclusion summarized below:
MDy Review of Finat Revised Yersion #2 Document "A' dated 1212112000 prepared by C.C.C.:
* please reference a copy, enclosed herewith, of MDY's review, and certification of this
document performed on 112312001.
MDY,s Review of Preliminary Engineer's Cost Estimate dated ll29l200l prepared by SGM:
We are of the opinion that the probable quantities, and costs reflected in the
preliminary Engineer's Cost Estimate prepared by SGM are within reasonable
engineering practices associated with this type of construction.
M D Y's Conclusion of the aforementioned reviews :
We are of the opinion that the costs reflected in both of the documents referenced
above, should support the rernaining costs associated with completing the balance
of the currently definable work left to be constructed. Therefore, the amount of
$130,271.00 derived from the Final Revised Version #2 Document "A" datd
l2lZllZOOO prepared by C.C.C., is within the totals illustrated in the Preliminary
Engineer's Cost Estimate prepared by SGM'
please note, ttnt during our initial meeting regarding this project, we expressed our preliminary concems regarding becoming involved
during the consfuctioriadministration ptrise oitt" p'-jot. Iio*"ro, upon further discussion, we felt that with the understanding that
Schmueser Gordon 1yfeyer, tnc, tSCfrA, inc.l of Glenwmd Springs" Colorado (The Consulting Civil Engineers of recor4 with Mr' Jefferey
S. Simonson, p.E. noted as ttre projeci Engineer on the Ukele ,{cres SuMivision's Final Plat/Consruction Drawings plan set) was NOT
*li"id t" provide construction a&rninistition services beyond obtaining final construction approval Aom ALL the goveming agencies'
In conclusiorL MDy Consulting Engineers, Inc. requested that ALL approved construction drawing, final plat, drainage and
soilJgeological reports, and "nv
oifro i"tio*t project documentation be ptoria"a to our office AS.AP., with ALL the above referenced
project documenation properly insuri ana certlnea ry currently registered Professional Enginee(s) and Professional Land Surveyo(s) in
the state of Colorado ropo*ibl" for the planning rnd d..ign of mis project. PLEASE NOTE: That as of the date of this letter, MDY
Consulting Engineers, Inc. has NOT ydf receiveO the aforementioned approved and certified consfruction documents' our company
MUST be in receipt of the information prior to FINAL certification of ALL-of the Construction As-Built Documents as roquired by THE
BOARDOF COTIT TY COMASSIONERS OF GARFIELD COI']NTY' COLORADO.
Thereforg to the best ofour knowledge, the information referenced above is true and accurate. Please, do not hesitate to contact our office
regarding any additional information"ttrat rnay ue needed regarding tlris matter. we would like to express our appreciation to your general
contrastor for their project assistance, communicatiorL and inrdin-ation d€monstrated to ensure a successful completion ofthis phase ofthe
development.
Respectfully Submittd
TrCDq ryaq €q:,ua. t1*.
>*/s--=. -//..t v n _.aa+_
Mark D. Young P.E.
Enclosures
NDY/sly
cc:Mr- Mark Bean, Garfield County Building & Planning Deparnnent
Mr. Scott Sobkg Lender's Reprcentative for H.K.L., L.L.C.
Mr. Allen Thulson, Attomey for H.K.L., L'L'C.
Mr. Glenn D. Chadwich Owners'Attorney
Mr. Barry Smith, General Contractor il Curly Consfruction Company
FILE: MDY/00-507/LETTERS/507L3.DOC
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PRELIMINARY COST ESTIMATE
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oAtS 1l2,lt01
UTIWOE(
mill
I EA{IHWORX
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OF PROAASLE OOgTg FOR ?I{E IE,FROruTEN?S NOTEO A'OVE. MARXET AND JOB gTE @flOI?IC{S
RELATI\IE TO IIATEiIALS AVAI.ASLIW, COI.ISTRI.,CTION TIMIM}. CON?RACTOR AVAILAALITY.
UN|OISEEN COITOITIONS AITIO COST OF UOI{FY I,IAT AFPIOT TFi! NNAL flUM8sR NOTEO
r8O!8. TI.iI9 ESTIMATE Ig BEJI'IG PROVIDEO FOR S!CI,,R]NO THs RJBLIC IMPROIEMENTS
THHOUGH TI{E COUNTYS I-A'{D REYIEW PROCES$. IT 18 TI{E RESPONflST..ITY OF TTIOS
INDNIOUAU} RWITWNC ?HIS E$NMATE 19 IPPSY APFROPRnTE COI,ITII{OENCIES TO THC
ETTIMATE. IF APFROFRIATE
6@
ACKNOWLEDGMENT OF PARTIAL SATISFACTION
SI-IBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY TI{ESE PRESENT that:
WHEREAS, Jean M. Smith (hereinafter "Owner"), entered into a Subdivision Improvements
Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter
"Board"), recorded in Book 1235 atPage 626 as Reception No. 576961 of the Garfield County
records on March 6,2001, for the improvements of the Ukele Acres subdivisioq and
WHEREAS, the obligations of the Owner have been satisfied, as verified in attached
statement from Mark D. Young, P. E., MDY Consulting Engineers, Inc. dated June 25, 2001, that
work has been partially completed consistent with improvements described in the Subdivision
Improvements Agreement.
NOW TI{EREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction ofthe Subdivision Improvements
Agreement entered into by Owner and the Board for the release of security in the amount of
$28,706.37 for work completed consistent with improvements described in the Subdivision
Improvements Agreement, and retaining $55,104.03 for the improvements remaining.
By:
Chairman
STATE OF COLORADO
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
,2OOI, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and ofticial seal.
My commission expires
)ss
Garfield County Clerk
I'1DY-Consu I tinq Engi neers PHBNE NO. : 37B.?4L?66?.Feb. 25 ?AEt EB:S5RN P1
,fi,filfilVf:r] f,ii' J fl ?fr[tf'
HONIZOIT PABK YT,AZ,A
74ii giORLDoH GOIIBT, srltE 311
GnatrD JUtcTIoil, co 81506
PEII; {9"O1?.4I-2L3,?FAI; (9?ol24L-2f;6.2
FAXCOYEB
DATE: 2/26/2001 TIME: 8:46 A.M,
TO: MARK BEAN, GARFIELD CAUI,ITY BUILDING & PLANNING DEPARTMENT
RECEIVINC FAx NO.: P7q 384-3470
FROM: MARK D. YOUNG, P-E-
NO. OF PAGES INCLUDTNG COVER: 7
RB; 00-507; UKELE ACRES SUBDIWSION -
CERTIFICATION OF REMAINING CONST, COSflS
COMMENTS: MARK*
puRsuANT,,tfiyouRTELEFItoNrittEouEsl pr.ErsriFNDHEfrEWITHrHECERTIFfiC(TIONI"ETIERatREttaNNG
CONSTRUCruON COFIT'. IfE {PPRECTNTE YOIJR.ASSISTTINCE REGARDING MIS MATTER.
r#-.RESFECTTUI.I Y SU I] MTT T D.
SIGIIIEI}:M X'Y CON$/UL7,NO ENGTNERS, IIV{.,
TF YOU N NOT RECEIYE ANY OF TITE PAOES SENT, OR fi{EY lIRE ILLEGIELE'
P LEi.iS E C ONTA CT US I.ilNM E D T A TEL Y.
PILE: MDY/00-50?'IFAJI(/507F5,f$C
FR0N : l'lDY-Consu I ti ng EnBi neers PHENE F{l. | 97A247265?
i',
?trT4t ea*Aulitufr fr,ryr;..rao, '?*o,
IIORIZOI| PAnI5. PI'AT,A
748 Horfuon Court, Sulte 311
Graad rfuetlon, CO t15O6
PEI[: (97o1241'2t?,2
FAX: (97O13.1L'2li;62
February76,200t
Ronald \il. & Jcan M- Suitho Owttlt
Derrelopers of lJkela Acres ' '
3l9a? HigfnrvuY 6 &.24
silt" co 8165?
RE: 00-507: nNELE ATRES SIIBDIVI9IuN * certifuation olnen ilining con$*ctlon coils
Dear flan &,,fean,
This letter is in response to a telephone call we rerxrived from Jean Smith orr the afternoon of Tuesday,
Febrru*ry 20,2001, ffid a sube€{unt telephone./Ibx co'udiueticrr with Mr' Mark Bcs$" with Garffeld
County, urd receipt of , c,mesponding tclephone conversa-titrr ^Y,h Mt, Barry $mith. *ith Curly
Constr,iAiorr Courpany on Wednesday february 21, 2001- A11 of the *fmemefttioned conrmunicatiuts
wefe pursuant io a conc€rn rcgarding a cstification requirement by Gu.field County in rqBrds to the
fimds nesdd to s€flirc ttre rernaining cdns[u&tion oosts to complete the dwelopment of .t#(Ef,E 4Cf,ES
sa.B,qIWSION.
Subeequently, MDY Consulting Engineers, Inc. in respons€ to the requests of all tq p|rtif mmtimod
aUove, nare "orrducted
a .*icrtof f,oth the construc:tion contract & billed amounts tttled: Final Revised
verrion #J Dorumenr'A,, dated 12./2ll2w0 c/o Mr. sc.ofl sobke (Please refsrsdce a copy herewidr)
pr€par€d by Mr, Barry Smith of Curly Construction Cornpury (C'C:C.) the Geae,rd Contracdor on the
;;il,il;i 111" n ti*i.,rry Engineer's C-o-st Estimate daten l/29t2001 (Please raference s copy herewith)
;r{onfo by rhe €ngine*, #r**id Mr. Jeffrey g. gimonson, P.8., with Schmuesrr Gordon MeSrer (sGM)
mAf**oi.f Sprirgs, Colorsdo. Please rc,ftrence our findirrgs, and oonclusiorr surflmflriz'ed below:
*/Df Reviaw of Final Revised Yersion #? Document '4A' dated l2/2ll200} prepared by C'C'C':
* ple*se refucnce s copy, encloaed herewith, of MllY's rwiew, and certificstion of this
docurrent performed on lt2ll200l.
l#fr$,Payt o{E
0tL507t EIKELE ACRES S(IBDIVISION * certifrcation of Remainiag tottslructina costt
Feb. 26 zAAt AE:56HPI P2
FR0N : I4DY-Consulting Engineers PHONE NO. i 97A24L?:662 Feb. 26 ZEAI A8:57f,1"1 Pj
MtgPqt Se
00-507: AKELE A.:jRES SABDIWSION * certifiedion oJ Remaining constraction costs
Plcase refsrElce ow fiudings, and cmclusion $ummarized trelow: (Continaed)
llDytsReview ofkeliminary Enginoer's Cost Estimate dated lt29l200l prepared by SGM:
We are ofthe oplrion that the prohablo quantities, and cmts retlected in thc
Preliuimry EnEnecr's coet Estim*tf-prepared by sGM is within reasonable
engins€fiil g pru"** associated with this typerof constnrction-
MDYrs Conclusiofl of the aforemmtiffied rsviews:
We are of the qpinion that the costs r€floctod ifl bcth ofttre docurnearts refflemced
"t*ur,
,troot,t support the ren:aining costs sssociated with cunpleiling the balance
of thc clffentty iognafte worlc left to be consffuried. Therefore, the rnurnt of
$I30ff1"00 deriv€d frcnn the Finat Revised Ye*ion #2 Documtnt "A'dated
l1/Zitzgg1J prepared by C.C.C., is wrthin the totsls illu$frated irr the Prtliminsry
Engincer'e Crret Estimrte prep*red by SGM'
ptEase ootf, tl}lr during ouf inittal mcrring reg*rding this prujcct. urc crp,rc+rcd orr pr+lirnilrary cQnccrnB qtdi-ng becomllB involvcd
durmg thc cffidrnffiion d#-l"rti* p#; E^lh- pr.ry nn *iu*, ui* rlo.$,g'. riisorrsioo' we ftlt that with tlE
'mdersDmdiry
iltBr
Schmucsar osrdod Meycr, rrc. (solvI- I'ls,) of6lcnwood_Sprirgr, c',rl;;do lThe Cornulrine CMI E4inoars of rncon4 with Mr' Jefftrey
S. Sitamson, p.E. floted ss rhg proiEd Errgineer on thc Uhele #ice S"tau"irr's Firf,l Htt/(tr*uxitx Drawing,: plan ncr) wrs NOT
solidtd to ffovido c,n*trrrctiiu;;il;-td; sqr"is* beyond;t*sin;g fi*rl onEtmction pplrnwul &onr ALL tIrc gowrning agencies'
In conolunon, MDy Consulting EngiDocrs, hilrqrlemt-rh"t AI-i apptovcd o*sttuitiot drarvrns, finol plat, dninage aud
soil/gpological rcpqr1,, uno auy odrcr prrinest lroicct docui*trti* t g1"iae*l ro our olfict A'5'AP', wittr ALL ttrc +t,vc rtft'gooed
prroj€ctdocuffirrlsticn pro,pcrly iueurcd and-ccrtified by grr*ttfy-*9*r**f p*1t==q":]Pyn*(4 and fmfcssinud Lurd Surreyo(s) in
rhe $cte of cdorarto rtrponsltte ri.n trw plamiu +no r}*rgiJtrh-is projcct. PLEAsr.uot'H; 'ihst ss of fte date of tfiis ldiltr, MDY
i:or*rri"irigrr*frr, tnc. uii irix i;uli' **fua f'c af,"s"*tioted epprtwcd urx.l oerlified construcr'ion d,*utrrot& our comp6'ry
MUST bc i' ,oceip sf thc infilr:rmtion prio tu_ITIN.AL ccjlficatmr of ALL of lhc Ltrrffirudior As'Buill pocurnc'ItE as ruquired by THE
iiOAnO or COtiNty conairamsloNEns Or- cAI-FIELD COUN'I Y, COLORiTIDo'
.l'hcrdixt, to flrc b.et tfouf l(no ,lstgc! fie ififtrnntionrcltr+noed drovc is tntc urtd Rcfltrfrc Plcssri do not' hEsitste !o cqrftd our olliee
rqnrding uny xdditionat in*rrrnnon t et nray bo rrcedcd rrE-rrG flri; ,ioo". w* *ould lftc o crlrrcrr orr tppreoiathn tr vour greral
r$dtractor tn rh.k poj*ct rrniahnce, cornnrunicatirr. ooa *.rrafititlrr defiIonstritcd k cnsurc a srcr:cxcful {xlnplelim ofthis p}rasc of tht
dcvplopnent
RcrpecdBlry Submifted'
fitu! dee+EWw,l*,
MDY/sly
t&; Mr. IvIFrk B#tr, Garfidd Coutty Euildiry & PlflJrni'E l}tPsrtnent
urr-
-S*tt SOti Larder's ttqnisslutive f(vt I{JLL- L ["C'
Mr. Allea Thulrm, Altomcy fsr HKL'' L'l'-c'
Mr, Clcon D- Chfldwieh (lrlTere' Atbniey
Mr. iarry $-itti Ocneral Csrtraotor w/ Curlv Conslructrrn thtnpauy
FrrE: MDY/00-507/LETTERS/507["Z{X)L
sulting Engineers PHtrNE N!. : 37A247?662
(u*[y (on#zuetion (o'
-ffi
Feh. ?6 ZA@t a8:5ERt4 P4
l458County Road 2?3
Rifle. Colorado 81650BARRY SMITH
303 + 6ES .49A7
$cott Sobke
We Ates
Decemher.Zl*zlXl0
?,iPe Worh
2" pipe from well t0 tfrtth
E" pipewith 3 Fire flYdrants
( Dodson PiPe)
4" Iwigation Line
18" Corntgated PiPe
Trench and Backlill for Elecnic
Electrical Contract $ 2I'447'00
JohnTaufer'
Planner and Enginee ring
&rveyor
MDY
Balcomb & Graen
CountY DePosit
Final Revised Version # 2
floculr|ent #At'
CoatrufAmwnt
,$ 1,286-0(l
,s 4,286.04
fi 54,617.00
,r 5,286.00
E 7,286.00s 2,786.00
Contrasl.AruoitruI
s 7,286.40
$ 5j,,377-00
$ 9,494.00
$ 6,258.00
$ 15,450.00$ 441.00
.$ 3,290.00
.$ 1,500.00s t.1l-5-0p.
fi 268,854.A0
E(fif,VAfl oN AN D lfrrrfr 'tfi DFtr(
?6 done
100%
1B%
IW5
r0%
70%
70%
04 done
S billed
$ 1,286.00
9,571.CIo
s28.00
728.04
fi 7,900.00
fi 24,454.00
$ hilled
6,557.00
48,646.00
9,019.00
5,632.00
21.447.04
,$ t,500.00
fi.. t,_i15.00
$ 138,583.00
s
s
.$
Two Tanlx:
(l) ZO,OOO Satlons,(t) 5,40A gailora fi. 29'425 00'('fc Well Horlr.p $ 11'286'00
Qw PumpHoffie
Potpr oir' fi 34,738'00
Chlnrinating Slrstetn-( Moflroe Pumps )
s
,ff
fiI
o
9A%
90%
90%
9Wrt
BARRY
303.
ltin9 Engineers
Consnrction - Total Contract
Costr incurrod and approved to date
Engineered Produots, Inc.
Servics otlColorado
Pumps
Deposit to CountY
Balaomb & Green
C"oty (onrtryuction Co-
"ffi-
Total of Irrvoice
ttecemher.ZlJ0lUl
$ 258,854.00
$ 64,869.00
$ 25,000.00
$ 2l ,447.00$ 24,452,00
$ 1"315.00
$ ,. 1,500.00
$ 138,583.00
Feb. 25
"AAL
AB:58R14 P5
I45SCotutty Road 233
Rifle, Colorado 81550
EXCAV,Af,.'ION AilTD SITE. IflQRI(
FR0l4 : tlDY-tonsultins Ensineers PH0NE N0. i 97A24t2662 Feb. ?6 ?AAt EB:sgRN
FEB_-.$_"&1 -64' iBp FEOI4:EL-DGp_H|.IGFRCD 9?838434?8 T0rgp41p66P PrElS
-----=------=-,r : . .. -. --- .... ....
' ll
t'H'- s{rlr,triign I GoFDoN y+rE.7lR qri'rYooo 3PErHd51# asPEr{
.--iCEL*-. l-.. ",.- -.- . I tE w. €TH, gutrE Eoo p,o, Eox eiEs
\J EIcINEEFF E EUFVEvoRt oLg,r.loopgp'rHst,coEreor A,:srrgr{.ccErErE
|
- E7+gdE- roo{ efo+zs4lTez
.---.---:-... Er; O7O.C45.3'4E Fx: e7O'eE6.4 167
-- Jlnuarv 3o' 2o0t REcEtvEB JAI{ i 1 200l
Mr- John Taufer
.lJnn Taufer Aesocieter
P.b. Bax 2271
Glanwood $prings CO 81602 ,
Rtr Ukch Aares $ubdlvitiort
3!+li min a rv E nqine tri-!-g sE! Egllrlg!€
Dear John:
plEase find attachsd the prelimlnary engineer's cost BBtimats deted Jenuery 29, 2Qo1 , ior the
u[ele Acres Subdivisiofl .
\Afe have revised our previous s$timate which includEd our 833ur11ptions of cost for both
rdleohana and electric servise for the propcrty. Sinca the time of preparation of that astimate,
vr,le it"ur racrivcd thc_final,bid numbars. from Xcel.Energ.v ,1d h has besn fltermrnaA tn1
ii*eet wiil not chargc for telephone serviue installation. Therefore. the preliminary enginear's
cbrt estirngte for the public irnprovaments for this proiact ara 5274,490.94.
pleare elso nota thet on Wednesday. January 24, Jon Honda (of $6Ml errd mysetf met with
.lltt Nalson of Garftetd County to review the revised drawirrEt {etteched hereto} in accordarrce
,A tutr, NglEon,g comment* for the reviaw of tht Flnat Plat for this project- During our raview,
e addressed eech line item lrom Mr. Nelsort's letter. Jeff indiested we had satisfactorily rtret
tilre County Engineer's reguiremants and adeguately addressed their eoncarns'
nl
,10ttu?'
P6
$:lec/99t t 2a
nelogursB
FR0l4 : PlDY-$onsultinq Ensineers PHONE NO. i 97A24L?66,7
trEE. AE- EEbl ts4: EEP. FFDI"I I BLDGPLHFIGRRCB 9T83843478
. ','t
PRELIMINARY COST ESTIMATE
uK+lEAcREs
DATE 1tfrt01
"oJno*r*
Feh. 26 ?AA1, EE:59R1'I P?
I ll: BC4+1CbbC P:3/3
UI{ITS TOTAL PRICE SEETIO}' SUB IOIALITE}I
EARTHWORK
ROAD BAEE
CHIFSEAL
OETENTION POND
lgr cMF
1S'cMP
EHOs,Oil COHTROL
REVECETATIO.I
Wf:LI T.TOUEE ELtrG
LrdFil I I#}UEEmUIP,
2.WATEH LIT{E
FWATER LINE
flI$OLATIOJ\I YALVEE
f FITT1NGS
FIHE HYDRAHTS
WAIER SERVICES
TA'{K FOGTIHG
TANKWALLS
TAl.lK SJ{E
WATER PUMF STATION
HEAIOGA?E
FARS}IALL FUJME
TAIff FOOTING.TANK VVALLS
fAltlK E|AE
4" I$OLATION VA\1E$
4" IRR,IGATIOI{ UI€
IRHGArlON SEHV]OES
SRY HYORA}IT
IRRIGATION I'RAIITI MAf{HOLE
ETECTRIC PERXCEL ENERGY
TELEPHONE FERQWEET
GRAIIO TOTALi
qrfillnw
GAtd
E768
70€4
180
180
30
{3
L06
t*+
I
1000
1060
I
I
,5I
17
26
''5
I
Ui/ITFRICE
t2.00
st3,00
sl_75
$12,8u
sz6_00
$20,00
sa0.00
$zDo"00
83{}.00
,11,7!0_00
$14,00
$8e,00
$000,00
5{100,00
$2,S00,00
si,300.0q
$300.00
s350{0
$160S0
$95,000,00
E300.00
$r00.m
Sg00.0D
i360.00
s400.00
8540.00
s18ff
$7CO-O0
t2,900.00
$1.s00.00
$21,,td7.50
$0,00
813,708,00
!ss,956.oo
$r?,344.50
t1,a75,00
$4,000,00
E4Oo.00
8860.00
8e,157.84
$4,3e0"08
$r,750,00
814.0m.00
t30.740.00
9s,200.00
s7,200.00
st!,700.d
s11,700,00
s5,r00_00
$s,800.c0
$6.?t0,00
$35,000.00
tEoo.00
fiso0_00
$2J0o00
8€,300,00
s?,600,00
t'?,00o,0o
$18J4€0.00
$8 n00.00
sesm.00
s1,500,00
s21,{47.50
So.oo
$274,490.+4
611,ils.r[4
$138f@-qe
84$.{8O00
YD
TOItT
SY
YO
LF
IF
vD
AC
3F
L3
FT
FI
EA
EA
EA
EA
CY
CY
CY
L.s
EA
EA
CY
CY
CY
EA
FT
EA
EA
EA
Lg
L8
1
6
r8
7
4
tl 55I
I
f
1
I
THI.S COST ESNMATE iB PRELIHII.IIEY IN NATURE AND REFLEC?$ THE ET.I0INEER$ oPIHIoN
OF FROBABLE CoSTE FOR THE IITIPRCMAIENTB NOTE0 A8OVE. MAEI(HT AND JOB SiTE coi,.DtnONS
RELATTVE TO MATER]ALS AVAII-ABILITY, COHETRUCTIOH NffiHO, OOMTRASTOR AVAILABiLITV,
UNIOE$EEN 6ONDfTIOil6 AI.ID COET OF MO'{ET MAY AFFEoT ThE FINAL NUMEER NoTED
ABOVE, THlg EgnMAtE lS BEING PRflTIDED FOR SECUEING THE FUBLtc tfvrFRolEMENrE
THROUGH THE S(ruNTYs I-AT.IO RF'IEW PROCESS. It IS THE REEPONSIEILITY OF IHOflE
INOIVIDUALS REVEWING TI{IS ESTIMATE TO APPIYAPPtrOPRIATE CONTINGENcIES To THE
ESTIHIATE. IF APFROPRIATE
A.CKNOWLEDGMENT OF PARTIAL SATISFACTION
SUBDIVI S ION IMPROVEMENT S AGREEMENT
KNOW AIL MEN BY THESE PRESENT that:
WHEREAS, Jean M. Smith (hereinafter "Owner"), entered into a Subdivision lmprovements
Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter
"Board"), recorded in Book 1235 atPage 626 as Reception No. 576961 of the Garfield County
records on March 6, 2001, for the improvements of the Ukele Acres subdivision, and
WHEREAS, the obligations of the Owner have been satisfied, as verified in attached
statement from Mark D. Young, P. E., MDY Consulting Engineers, Inc. dated August 6, 2001, that
work has been partially completed consistent with improvements described in the Subdivision
Improvements Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction ofthe Subdivision Improvements
Agreement entered into by Owner and the Board for the release of security in the amount of
$fZ,Ofg.O: for work completed consistent with improvements described in the Subdivision
Improvements Agreement, and retaining $23,065.00 for the improvements remaining.
Chairman
STATE OF COLORADO
)ss
couNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
,2OOl, by John Martin, as Chairman of the Board of County Commissioners of
Garfield County, Colorado.
WITNESS my hand and ofiicial seal.
My commission expires
By:
Garfield County Clerk
' FROII : t'lDY-Consulting Engineers
!
,.
Pt-El€ tfi. i 37a,24L2662
MDY CoNSULTING EIvCMN.INC.
HORIZOil PAR'K PLAZA
749 HOnIZOI| COUBT, sUrTE 3ll
GRAI{D JUI{CTIOr, CO 8tSO5
PEil: l970l 2,41-2L2,2rAx: (97O13.4L-2562
DATE: 8/6/2001 TIME: 9:17 A-M.
TO: IuilLRKBMN, GARFIilD COtNTy BUILDING &I'I-ANNING DIftNTPk
RECEIYING FAX NO.: (970) 384-3470
FROM: tuARKD. YOUNG, P.E.
NO. OF PAGES INCLUDING CO\IER:
RE: 00-507: UKELE ACRES SUBDIWSION -
C ERTIP'ICA'I'ION FOR GARFIELD C O(NTY
COMIVIENTS: IU{,4RK *
pUNLgttT M WuEg'By MR BtlRRf $.flTH vl CuttLY CONSIftUflIION CO. ON JLILT 26 2001, P|EASE FIND
Hmflryrlrt A co*6 oua tmT.BtarToN ro gaflffa *IE RwutRELrENrB oF GARFIELD COUNfi- Trt18 CEfrIIPID'
i.tts wa*K W pIACfr, AND l?rE ItEMAtNtlw colJflnltrilront co,9lg Ij?ER ME col{TRAcT nMoUNis tl$ silowv ON
cwtycoNsTwtcfloltcowAlfr*FrMLRfrtSEDltEIWIOllfl?DAfilMENT"A-IrnrEDt2/21/2uil1 PI-E:ASI|CALLOUR
OIW& IF.1OU ISAW ANY }UfriflONS- W WOLILD IJKE r0 IIrPRN OUR.AtrRtrIATIOl IDR WUR ASSIFfiOffE
RffiARDITfr WE PNOCESSIIVIS OF TITTS Pg,l& OF'1HE DSYEIOPMENT l;iolP I]trEI,,N
^CRFX
HuB. W ruL A9r4m1 P1
Rgspff If ULL? SU Bt,fff T.TD,
uoY Cotwnruru Eronrrrtw,,ve
{e
$GNEIh
IF YOTJ DO WN NMT W'IW OF THE PAGfi MI{T. OE lWW IRE II'IEGIBI,F"
PI.fuISE CAI{Uff IIS IMMFD UTEII.
P[,E: MDYI0&s{rrFA]d50t7Fl6.mc
' FROt'l : l'1DY-Consulting Engineers Pt-oNE t.[l. i 9?A2412E,62 Fus. AE 2AAl Z9:43tr1 Pz
Ffi-E?'#*i OAlaW ,,e-lv1r ELLTiiFLF{\\jtril.(L.;- : ai.iVrrJq d
ts,Nqr+6FP*l
W€- vr'Ab
nre,a'lfu
PREUIilI{AFY coET E9T|MATE
UI(EIEACTEE
UAtl 1m$ WufifilfiitZdffirr- DU*. .i*Fta v#aU"@ 'rtqfirtet ffirt?lwolx p cF biziDt fr 4, h:erallr,
rlts tnlilt}t? lmr?Ror ullrlir rotrlpilor . :dqw-*. ffi-a&+4,
Il'__I-nJI
,-.l I
u l!:tili li HIfi [ TH,f'# oE pe
T iinilinoolrPt .o tto,ln YT
; ilifrfri,i?prt -- r,oc &o!am Ac
q wg*nar#lqe- 1* -!*fL, fI I}|*'H:i=: oE 6E
I IAf,?HVIOHK soil U.S It [19'70E00-A-, fr;D_i^* rTtt tlib tur #iffi-l# ?l,izsE z,MEI, ii{pt!fl, ?0$ ,1,11 ry t
+ rrrrrrorpo}.o ls rfi.ri itr tl.in+pttJ II ill'drl; - il0 13t,00 ur $.000'00-E-r I M
; ilE'io,JtrEcr{.up. 1 lrrsoo E 6l'rl&8-4-'
iI rilrrrr-rm lsn -ii.o tr ffi:?-f os oeBtmr,['I[**, 'f #B I Effifl'::+ pe oeii i.iifffrxoa g ltnlo EA r P49'99-E.+
E iii#yi-Rir.ts t ls's.!o :e ro*- L'7c0,00-#i
,., WAlli,!|FnEs r ii.ncc tAfi 111.'-oo'oo-4-+r
;i iirt-rffiin t7 $mco trY ii lc,10u8-rr-,. ,^uetr-r. r n tlmff Ef tl IiEtEJ'-j- 6* De;; iIiiiuilIia - a !r0r0 9I5l ros'D*r-+ o= o'
# ffi#rrAnor* 1' ffi* fl;1 rtgfo:1; t,?o6il os
z, flEADer'lE I E99.qC El tr lec'q' -il--ii Fifril-r-nrnr 'r mo B si lE:T---{-i#ffi + ffi flti ffi1f 'e oE
trmBUH' ,,1 ffifl Hli 'ffi=i+ 6E oe4 'nruthlotgvxoEt IH riffii##- -- r tse00,0 EA o-ta#cE-s
.Ea nilCr?to.il rilr$rHotg r lrii'il[o la trJcilB*r*-j
s TLIfiTnEFERI€EIS{ERoY 1 rrl{1?'tD tI frrll+rro-'I-: oo3 O.g
e; ffifid'fiiii-orr5J'-' - s lo'B Ll $'mt*arraof *Pttt/as,,,4- ftE; AeN- a*rb# DDE3- -2fr5*
* ffEryr'-*trtb1@ #FFtawgottt+tY i-4?gntry^* l-?e'v{ '* t drt---
p+-rore sf fa6tt&-s-i4Pfi4-=-#^23.to6..P. .-'=,,,, ---;ffirr({
ntl cosr lcysrArE I Fr6.rilnr tlurud srqlHgq I:f *qt][.Elp gfig[:.: ffiFhtHffi
ffiffiffitffi'
tir;z-{ ibt*+ur,:rlaJq
!'a^PtETzt) ae
-*P€-LlFturtbl*a
!NJ.. Ce*rff{ Tr+N ,!+l* WfEU?'fiArt
nexg Aa,Ef,lirlet.'Ta ?l#t'la AHP
*{ qffilrr r? 4aua#-
A.
B.
C.
SCHEDULE OF EXHIBITS
TO
SUBDTYISION IMPROVEMENTS AGREEMENT
UKELE ACRES
(None)
Construction Costs
Form ofNotice to Lot Purchasers Regarding Building Permits
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
7IO COOPER AVENUE, SUITE 2OO
GLENWOOO SPRINGS, CO Al60I
STEVEN M, BEAT.NE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C. TESTEH
TELEPHONE (970) 94$8559
FAX (970) 94+E671
February 16,2001
Don DeFord
Garfield County Attorney
109 8th Street
Glenwood Springs, CO 81601
Re: Ukele Acres
Hand Delivery
Dear Don:
Enclosed are original signed copies of the Deposit Agreement and the Subdivision
Improvements Agreement for Ukele Acres'
Please contact Glenn if you have any questions.
Very truly yours,
,l"tl-r,;{'t1 7 //'c{trt( (.L'
'
/t .,/ /
Cynd/L. Hallfoid
Assistant to Glenn D. Chadwick
Enclosures
Cc: Ron and Jean Smith
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
71O COOPER AVENUE, SUITE 2OO
GLENWOOO SPRINGS, CO AI60I
STEVEN M. BEATTIE
GLENN D. CHADWICK
KAFEN J. SLOAT
CYNTHIA C. TESTEB
TELEPHONE (970) 94$8659
FAX (970) 945-8671
February 20,2001
Don DeFord
Mark Bean
Garfield County Courthouse
109 8m Street
Glenwood Springs, Colorado 81601
Re: Ukele Acres
Dear Don and Mark:
Delivered herewith is the mylar for Ukele Acres Subdivision, signed by all parties except
the County Commissioners and the County Clerk.
Scott Sobke has signed this on behalf of the H.K.L., LLC, provided that HKL does not
authorize disbursement of the funds previously submitted to the County until Mr Sobke is able
to verify certain additional items. The funds are not to be disbursed until he gives written
authorization. Mr. Sobke on behalf of the lender, and I on behalf of the developer, jointly
request the County's cooperation in this approach, because approval of the SIA and plat will
actually expedite the parties' ability to move forward with the financing.
Thank you
Sincerely,
D ('/tnr/r,.//----.
Chadwick
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FRON :l'1DY-Consu I ting Engi neers
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PHONE NO. 1 91A?4L266?Jun. 26 ?AAt 1A:14RN-P1
MDY C^o.lrysamtxe ENo[Nanns, Iryc
IIORIZOIT PARK PLAZA
743 ITORTZOil COUBT, SIIIIE ar I
GRAHD JUIICTIOil, GO 81506
PEf,r (e7of ?l4L-2122
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DATE: 6/2s/2001 TIME: 11:35 A.M,
TO: t*tt?fiBE,/.],I, GARITIITID COUNTT BWLDING <*.PI-{NMNG DIRIiC'|OR
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564631 06/07|2OOO lOt47A B1r91 P461 ll RLSD0RF
1 of 5 R O.Oo D O.OO GRRFIELD COUNTY C0
STATE OF COLORADO
Counry of Garfield
At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners'Meeting Roorn, Garfield County Courthouse, in Glenwood Springs onMonday, the 5th
of June A.D.'2000, there were present:
Iohn Martin Commissioner Chairman
Larry McCown , Commissioner
Walt Stowe , Commissioner
Don DeFord , CountY AttorneY
Mildred Alsdorf , Clerk of the Board
Ed Green , CouotY Administrator
when the following proceedings, alnong others were had and done, to-wit:
RESOLUTION NO. 2OOO.O38
i
A RESOLUTION CONCERNED WITH TI{E APPROVAL OF A PRELIMINARY PLA}'I FOR THE
UKELE ACRES SUBDIVISION.
WHEREAS, RONALD AND IEAi{ SMITH filed an application with the Board of County
gsmmissioners of Garfield County for approval of Preliminary Plan for the Ukele Acres Subdivisioq and
WHEREAS, the Garfield County Planning Commission reviewed the Ukele Acres Subdivision
preliminary plan application and recommended approval to the Board of County Commissioners; and
WHEREAS, based on the material submitted by the applicant, the recommendation of the planning
Commission and the comments of the Garfield County Planning Department, this Board finds as follows:
L That proper publication, public notice and posting was provided as required by law for the
hearings before the Planning Commission and Board of County Commissioners.
Z. That the hearings before the Planning Commission and Board of County Qsmmissionerswere
extensive and complete, that all pertinent facts, matters and issues were zubmitted andtbat all
interested parties were heard at that hearings.
3. That the Garfield County Planning Commission recommended approval of the Preliminary
Plan.
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564531 O8/O7/20OO lOt4?A 81191 P452
2 ol 5 R O.OO D O.OO GRRFIELD COUNTY
4. That the proposed zubdivision of land is in compliance with the recommendations set forth in
ttre Comprehensive Plan for the unincorporated area of the County.
5. That all datq surveys, analyses, studies, plans and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all sound
planning and engineering requirements of the Garfield County Subdivision Regulations.
6. That the proposed subdivision of land conforms to the Garfield County flsningResolution.
7 . That for the above-stated and other reasons, the proposed zubdivision is in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, TTIEREFORE, BE IT RESOLVED that the Preliminary Plan ofUkele Acres Subdivision for
the unincorporated area of Garfield County described in the application, be approved with the following
conditions:
l. All representations made by the applicant at the public hearing and in the Application shall be
considered conditions of approval, unless specified otherwise by the Board including, but not
limited to, ttre following items listed below.
2. The final plat shall reflect a fifteen (15) foot wide utility easement along Esther Ct., as
requested by Public Service and U.S. West.
3. Increased historic runofffrom the property shall be prohibited.
4. One (l) accessory dwelling unit is approved on Lot 6 provided tle applicant complies with
the provisions of section 5.03.21 of the Garfield County ZonrngResolution of 1978, as
amended. No guest house will be permiued on Lot 4 without first obtaining a special use
permit.
5. All geology related recommendations made by Hepworth Pawlalq the Colorado
Geological Service, and Wright Water Engineers shall be complied with.
6. The existing driveway accessing State Highway 6124 shall be improved to County
subdivision standards including :
chip/seal pavement.
7. Wright Water Engineers comments regarding the water supply and water system shall be
conditions of approval as follows:
due to the presence of non-coliform bacteria and the relatively shallow well
construction. The mpa analysis shall be included in the application for final plat.
District (WDWCD) water allotment contract. The results of the water quality and the
need for individual water treatment facilities shall also be included in this section.
y ) Reference to the WDWCD allotment contract and 6,000 square-feet of irrigation shall be
lt RLSDORF
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8.
9.
LLlIJ I tull[ tilr g l[r I
u !t !l' lJll; HIU! I
a-"i-a n o.oo-o-o.oo GRRFIELD couNTY c0
removed from Section 20.2. This section shall provide initial rules and regulations for use and
operation of the irrigation system-
water supply plan. A water court approved augmentation plan will ultimately be
required for the well. The Applicant shall include this cost in the Subdivision
Improvements Agreement or indicate in Section 20.1 of ttre covenants that the lot
owners are responsible for this cost with the WDWCD when it arises.
water systemis not designed for outsideinigationandthe covenants shallprohibitsrchusesin
Section 20.1ad20.2.
gaseous chlorine.
in Section 20.1 ofthe coverants.
The Dunbars' easement shall be legally described and shown on the final plat.
Wright Water Engineers comments concerning the ditch shall be conditions as follows:
Company with a formal Easement Agreement or otherwise accepted in wtiting by the ditch
company, whichever maybe the appropriate legal course of action.
All individual sewage disposal systems shall be designed by a Colorado Registered
Professional Engineer. The use of Evapotranspiration Absorption sewage disposal
systems (ET) shall be discouraged.
Wigtt Water Engineers recommendations concerning drainage shall be conditions as
follows;
demonstrated how the proposed system fits in with the existing qystems.
"individual" detention ponds. A drainage easement shall be shown on the Plat for these
ponds. If constructed by lot owners, then the engineering criteria for the pond to shall
comply with County regulations and the Master Drainage Plan for the project shall be
indicated on the Plat. A Colorado registered professional engineer shall designthe ponds.
for maintaining a functional detention basin(s).
Applicable fees shall be paid prior to recordation ofthe final plat.
The covenants shall be amended as follows:
be clearly marked and visible from the right ofway.
not exceed 1,500 sq. ft. and may not be sold as a separate interest.
methods shall be encouraged for geotechnical reasons.
and groundwater conditions on the project, site-specific geotechnical studies shall be
conducted for proper foundation design.
10.
11.
t2.
13.
!.LI.lItt l]ililIil lilt llll]ilillt ]lll ilt lltil lilLtls64631 06/07/2000 rot47R 81191 Fret-H ALiobnFe of 5 R O.oO D O.OO GRRFIELD COUNTY CO
according to the Colorado Noxious Weed Act, to manage any CounryNoxious Weeds
that are on their property. Management of noxious *."d, on road*ays, drainage
ditches, and common areas shall be addressed and responsibility for this'shall be
designated.
directed downward and towards the interior of the subdivision,.
The following plat notes shall be shown on the final plat (some of these notes axe in the
covenants but shall be duplicated on ttre plat):
l) AII irrigation ditches and ditch easements are to be recognized and maintained as
existing and in place, in the usual manner.
2) One (l) dog will be allowed for each residential unit and the dog shall be required to be
confined within the building envelope.
3) No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision One(l) new solid-fuel burning stove as defined by c.ns. 2s,-7-401, et. seril., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. A[ dwelling
units will be allowed an unrestricted number ofnatural gas burning 16r", and appliancesl4) All exterior lighting will be the minimum amount necessary and all exterior lighting will be
directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property bouniaries.5) No further divisions of land within the subdivision wilibe allowed.6) Site specific geologic studies must be performed on individual building envelopes to
determine design level recommendations.
7) Radon gas may be present and should be tested for once building construction is
completed.
8) Lot 6 shall be permitted one (l) accessory dwelling unit provided it meets the conditions
of section 5.03.21 of the Garfield County Zoning Resolution of 1978, as amended.9) Homeowners should consider further treatment such as water softeners or reverse
osmosis to eliminate problems associated with hard water.
l0) Colorado is a "Right-to-Farm" State purzuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agncultural operations as i normal and necessary aspect ofliving in a
County with a strorg rural character and a healthy ranching sector. A[ .rrt be prepared
to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery onpublic ioads,
livestock on public roads, storage and disposal ofmanure, and the applicationby spraying
or otherwise of chemical fertilizers, soil amendments, herbicider, *d pesticides, any one
or more of which may naturally occur as a part of a legal and non-negligent agricuitural
operations.
11)All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using prolpertyin accordance
with zoning, ffid other aspects of using and maintainiog propirty. ilesidents and
landowners are encouraged to learn about these rights and resfonriUititi"r and act as good
neighbors and citizens ofthe County. A good introductoryorr.. for such information is
!ti$f ir',Hfr4'l;l!!llH!1fl :f tglllil.lttHr,.i
put out by the Colorado State
GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARFIELD COUNTY,
oLo
Chairman
Upon motion duly made and seconded the foregoing Resolution by the following vote:
) 9n,lf]:l , Av"7 C ),IISSIONER WALTER A. STOWE A,.^
14.
AyeCOMMTSSTONER LARRY L. MCCOWN Aye
STATE OF COLORADO
County of Garfield
IN WITNESS WHEREOF, I
Glenwood Springs, this _ day of
have hereunto set my hand and affixed the seal of said county, at
A.D.2000.
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L,CountyClerkandex-officioClerkoftheBoardofCounty
Commissioners in and fol the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield Counry now in my office.
County clerk and ex-officio clerk of the Board of county commissioners
rEB.ag-eBol 64:eF FFt(rf'lrbijJul/LFi, rHl(ru, JJv.rJirEl
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Water
B 1B Colorado Ave.
P.O. Box 219
Glenwood Sprjngs, Colorado B 1602
(970) 945 7755 rEL
l97A) 945-9210 FM
1303) 893 l608 DENVER DIRECI LINE
January 24,2001
Mr. Jeff Laurien
Mr. Mark Bean
Garfield County Planning Department
Garfi eld County Courthouse
109 8'r' Street
Glenwood Springs, CO 81601
RE: Ukele Acres Final Plat
Dear Jeff & Mark:
At your request, Wright Water Engineers, Inc. (WWE) has reviewed the Ukele Acres Final Plat
submittal. This letterpresents ourcomments and specifically addresses Conditions 3 and 11 of the
approval in Resolution No. 2000-038.
Condition 3
Based on the information presented in the Final Plat/Construction drawings, the proposed drainage
system will maintain the pre-project runoff rate for up to the 25-year storm event. However, the
Final Plat submittal drainage plan does not provide detention storage for Lots 4 and 6, presumably
since existing development is already in place on these lots. The County Regulations do not define
"historic runoff' or differentiate between pre-project and historic. Some of the existing structures
on Lot 4 andlor Lot 6 are relatively new. We believe that these should be included in the post
project drainage analysis and not considered historic with respect to the existing drainage
infrastructure downstream of the project.
Condition 11.1
The May 8, 2000 letter from SGM, and field investigations by WWE and SGM identif,red how the
proposed system fits in with the overall existing drainage system in the area. The proposed system
is integrated into the overall drainage scheme.
Condition i 1.2
A drainage easement should be provided for the proposed pond on Lot 5 and the drainage swales
for Lots 4 and5. The size of the Lot 5 pond will increase if the recommendation in Condition 3
above is followed.
Post-it'Fax Note 7671 '"Y,i/ t r: /n I lJ"3L">
To-. / .- n.A.I CA.^ I z"..rl-- z-From- r: fi IJ < ql- L-t'.u ..r z
jo./Dept.co Gr. *r.' Pl,:
Phone #Phone# 7 yJ- - ,I fl 1Fax# ? '*r-1ri't *Fax #
DENVER {303) 480-r 700 DURANGO lgt0l 259-741t BOULDER BA3) 4739500
Mr. Jeff Laurien
Mr. Mark Bean
January 24,2001
Page2
Condition 11.3
The Covenants indicate that the Homeowner's Association will manage and maintain the drainage
ditches and ponds. Therefore, as stated above, a drainage easement should be provided for the
proposed pond on Lot 5 and the drainage swales on Lots 4 and 5.
Please call if you have any questions or need additional information.
Very truly yours,
WRIGHT WATER
cc: Don DeFord, Esq., Garfield County Attorney
Jeff Simonson, P.E., SGM
ENGINEERS,
D:\Work\WWE\991-999.1 77\Ukele Acres Final ptat.doc
STEVEN M. BEATNE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C. TESTER
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
7tO COOPER AVENUE, SUITE 2OO
GLENWOOO SPRINGS, CO Al60l
RECEIVEOJAII 2 62OOi
TELEPHONE (970) 94H559
FAX (970) 945-8671
January 25,2OOl
Mr. JeffLaurien
Garfield County Building and Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re: Ukele Acres Subdivision
APPlication for Final Plat
Dear Mark:
In response to item I in your letter of January 5, 2OOl, enclosed it u lsvised
Deposit Agrelment. I believe Iincorporated all of the changes you requested' Please
.".ri"* *d l.t us know if any further changes are required'
Yours very truly,
.\ ,/:: )
{.);r i) ( k,',J',,'1,'i<-----
enn D. Chadwick
Enclosures
pc: Jean and Ronald Smith
John Taufer
Allen Thulson
STEVEN M. BEATTIE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C. TESTER
Enclosures
pc.
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
7TO COOPER AVENUE, SUITE 2OO
GLENWOOD SPRINGS, CO Al60I
Smith
Yours very truly,
fi1t,0, DCt:ul,tuzL
/ ftennD Chadwick
l, ,/
Jean and Ronald
John Taufer
Allen Thulson
RE0ETWBJAN2 +mT
TELEPHONE (970) 945.8659
FAX (970) 945-8671
January 23,2001
Mr. JeffLaurien
Garfield County Building and Planning Department
109 Eighth Street
Glenwood Springs, CO 81601
Re. Ukele Acres Subdivision
Application for Final Plat
Dear Mark:
In response to your letter of January 5, 2OOl, the following are enclosed for your
review:
l. Articles of Incorporation for Ukele Homeowners Association, a Colorado
Non-Profit Corporation and
2. Bylaws of Ukele Homeowners Association, a Colorado Non-Profit
Corporation.
ARTICLES OF INCORPORATION
FOR
UKELE ACRES I TOMEOWNERS ASSOCIATION
A COLORADO NON.PROFIT CORPORATION
The undersigned, being more than eighteen (18) years of age, acting as incorporator to
organize and establiih an assoJiation pursuant to the Colorado Nonprofit Corporation Code, as set
foin in Title 7 of the Colorado Revised Statutes (hereinafter "Code"), adopts the following Articles
of Incorporation.
ARTICLE I
Name
The name of the Association is Ukele Acres Homeowners Association.
ARTICLE II
Act
The Association is organized under the Colorado Non-Profit Corporation Act.
ARTICLE III
Duration
The period of duration of the Association shall be perpetual'
ARTICLE IV
Purposes
The Association has been formed to operate a common interest community pursuant to the
Colorado Common Interest Ownership Act set forth in Title 38-33.3-101, et seq. of the Colorado
Revised Statutes, and the Association's objects and pulposes are as follows:
A. To operate the Common Interest Community ("Common Interest Community")
known as Ukele Acres Subdivision located in the County of Garfield, State of Colorado, in
accordance with the provisions of the Declaration of Protective Covenants ("Declaration") therefor
and the Colorado Non-Profit Corporation Act as they rnay be from time to time amended.
B. The Association shall promote the health, safety, welfare, and common benefit of
the residents ofthe Common Interest Community.
C. The Association shall do any and all permitted acts and shall have and exercise any
and all powers, rights, and privileges which are granted to a Contmon Interest Community
Association under the laws oh the State of Colorado, the Declaration for the Common lnterest
Community, the Bylaws of the Association, and any other documents and/or rules and regulatiorts
promulgated thereafter or governing the Association.
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D. The Association shall own, operate, maintain, replace, and repair the water rights,
conlmol wells, drainage facilities, fire protection systenr, internal road system (including snow
plowing operations), arigmentation plan, and open space,/cotrtnon areas associated with the Cedar
Hills Ranch Subdivision.
E. The foregoing statements of purpose shall be construed as a statement of both
purpose and powers. tle purposes and po*"rr stated in each provision shall not be limited or
iestricted by ieference to oi inierence from the terms or provisions of any other provision herein
contained but shall be broadly construed as independent purposes and powers limited only by the
laws of the State of Colorado.
ARTICLE V
Powers
The Association shall have all of the rights, privileges, and powers now or hereafter
conferred upon nonprofit Associations by the laws of the State of Colorado or upon Associations
formed to administer Common Interest Comrnunities. The Association shall have and may exercise
all powers necessary or convenient to effect any of the putposes for which the Association has been
formed.
In addition, but not in limitation thereto, the Association shall have the following
specifically enumerated Powers:
A. To adopt and amend Bylaws and Rules and Regulations;
B. To adopt and amend budgets for revenues, expenditures, and reserves, and collect
assessments for common expenses from members;
C. To hire and terminate managing agents and other employees, agents, and
independent contractors;
D. To institute, defend, or intervene in litigation or administrative proceedings in its
own name on behalf of itself or two or more members on matters affecting the Common Interest
Community;
E. To make contracts and incur liabilities;
F. To impose charges for late payment of assessments, recover reasonable attorneys'
fees and other legal cbsts for collection of asressments, and other actions to enforce the powers of
the Association, iegardless of whether suit was initiated and, after notice and an opportunity to be^
heard, levy reasonubl" fin., for violation of the Declaration, Bylaws, and Rules and Regulations of
the Association;
G. To impose reasonable charges for the preparation and recordation of the
amendments to the Declaration or statements of unpaid assessments;
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H. To provide for the indernnification of its officers and members of the Executive
Board and maintairi Executive Boarcl's and officer's liability insurance; and
I. To assign its right to future income, including the right to_receive common expense
assessments, but only to the e*tent that the Declaration expressly so provides'
ARTICLE VI
Stock/]VIembers
The Association shall issue no stock but shall have members.
The classes, rights, qualifications, and the manner of election or appointment of the
members are as follows:
A. Any person who holds title to a lot (as defined in the Declaration) in the Common
Interest Community ,tutt u. a member of the Association. There shall be one membership for each
lot owned within the Common Interest Community, provided however that the open space lots
owned by the Association shall not be entitled to membership. This membership shall be
automatically transferred upon the conveyance of a lot. Voting shall be one-vote per lot, and-the
vote to which each membership is entitled is the vote assign"d to itt lot in the Declaration of the
Comnron Interest Community. If a lot is owned by more than one person, those persons shall agree
among themselves how a vote for that lot's mernbership is to be cast. lndividual co-owners shall not
cast fractional votes. A vote by a co-owner for the eniire lot's membership interest shall be deemed
to be pursuant to a valid pro*y, unless another co-owner of the same lot objects at the time the vote
is casi, in which "ur"
,u.'h membership's vote shall not be counted. In any meeting where only one
co-owner appears, the co-owner'S vote shall constitute the vote of that lot'
B. The members shall be of one class, owners who own lots as defined in the
Covenants. owners shall elect all members of the Executive Board following the period of
Declarant control (as both Declarant and Declarant control are defined in the Declaration)'
Notwithstanding *ytt ing herein contained, the Declarant of the Common Interest Community shall
have additional rigtrts urir" provided under the Colorado Common Interest Ownership Act and the
Declaration, incluiing the right to appoint members of the Executive Board'
ARTICLE Vtr
Executive Board
The business and affairs of the Association shall be managed by its Executive Board'
The Association shall lrave two (2) nrembers of the Executive Board until such time as
owners other than the Declarant have the'right to elect members of the Executive Board, in which
event the Executive Board shall consist of no less than three (3) members. The exact number of the
Executive Board shall be determined in accordance with the Bylaws'
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The name and address of the initial members of the Executive Board who shall serve until
the first meeting of the Executive Board and until their successors shall be elected is as follows:
Jean M. Smith
Ronald W. Smith
31947 Highway 6 &24
Silt, CO 81652
ARTICLE VIII
The Declarant or persons designated by Declarant, subject to certain limitations contained in
the Colorado Common Interest Ownership Act and the Declaration, may appoint and remove the
oflicers and members of the Executive Board. The period of Declarant control terminates no later
than either: (l) sixty (60) days afterconveyance of seventy-five percent(75%) of the lotsthat may
be created to owners other than the Declarant; or (2) two (i) yeari after the last conveyance of a lot
by Declarant in the ordinary course of business. The Declarant may voluntarily surrender the right
to appoint and remov. ofi".., and members of the Executive Board or terminate the period of
Declarant control, but in that event the Declarant may require, for the duration of the period of time
of Declarant control, that specified actions of the Associition or the Executive board, as described
in a recorded instrument executed by the Declarant be approved by the. Declarant before they
become effective. Notwithstanding any of the foregoing, not later than sixty (60) days after the
conveyance of twenty_five percent Q5;p/") of the lots that rnay be crelled to owners other than
Declarant at least one member, and not less than twenty-five percent (25%) of the members of the
Executive Board shall be elected by owners other than Declarant. Not later than sixty (60) days
after conveyance of fifty percent iSONl of the lots that may be created to. owners other than
Declarant, not less than one-third (l/3) oi'the members of the Executive Board must be elected by
owners other than Declarant.
ARTICLE IX
Bvlaws
The initial Bylaws of the Association shall be adopted by the Executive Board'
ARTICLE X
IndemnitY
The Association shall indemnify its members of the Executive Board and officers to the full
extent permitted by Colorado law and the Code'
The personal liability of a member of the Executive Board to the Association for monetary
damages for breach of fidutiary duty as a member of the Executive Board is limited to the full
extent provided by Colorado law or the Code'
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Declarant Rielrt toffio Executive Board
4
The members of the Executive Board, officers, and employees of the Association shall not,
as such, be liable on its obligations.
Members of the Executive Board shall not be liable for actions taken or omissions made in
the performance of corporate duties except for wanton and wilful acts or omissions or except for
,r.h liubility as may be specifically imposed by the laws ofthe State of Colorado.
ARTICLE XI
Resistered Aeent
The address of the initial registered office of the Association is, 31947 Highway 6 &.24,
Silt, Colorado g1652, and the ,"*. of th" initial registered agent of the Association at such address
is Jean M. Smith.
ARTICLE XII
Amendmertt
The Association reserves the right to amend, alter, or repeal any provisions contained in, or
to add any provisions to, its Articles of Incorporation from time to time, in any manner now or
hereafter irescribed or permitted by the Code, and all rights and powers conferred upon members of
the Executive Board irereby are granted subject to this reservation. The specific provisions
governing the amendment ofthese Articles shall be contained in the Bylaws.
ARTICLE XTII
Distribution of Assets on Dissolution
The assets of the Association when it dissolves shall be applied and distributed as follows:
A. All liabilities and obligations of the Association shall be paid and discharged, or
adequate provisions shall be made therefor.
B. Assets held by the Association on condition requiring return, transfer, or
conveyance, which condition o""urc by reason of the dissolution, shall be returned, transferred, or
conveyed in accordance with such requirement'
C. The balance of assets of the Association shall be distributed to the members in
accordance with their allocated interests as that term is defined in the Declaration.
ARTICLE XIV
Incornorator
The name, street address, and zip code of the Incorporator of the Association is as follows:
Jean M. Smith
31947 HighwaY 6 &24
silt, co 81652
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IN WITNESS WHEREOF, the undersigned, being the Incorporator herein of these Articles
oflncorporatioq has executed them this day of 2001.
Jean M. Smith
Consent of Registered Agent
The undersigned hereby accepts appointment and consents to serve as Registered Agent of
the Association.
Jean M. Smith
STATEOF COLORADO )
) ss.
COLINTY OF GARFIELD )
Acknowledged, signed, and sworn to before me this day of
Jean M. Smith.
2001, by
WITNESS my hand and official seal.
My Commission exPires:
NotaryPublic
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BYI,AWS
OF
UI(ELE ACRES I TOMEOWNERS ASSOCIATION
A COLORADO NON-PROFIT CORPORATION
ARTICLE I
OBJECT AND DEFINITIONS
Section l. purpose. The purpose for which this Colorado non-profit association is formed
is to govern the aff,ilof the Ukele Acres Subdivision located in the county of Garfreld, State of
Colorado. The Association is a Common Interest Community organized_ in accordance with the
Colorado Common Interest Ownership Act of the Colorado Revised Statutes, as amended
1'CCtOe,'; and through a Declaration of Protective Covenants ("Declaration") recorded in
accordance with the provisions of such statutes'
Section 2. Assent. All present or future owners, tenants, future tenants, or any other person
that might use or na.rran intereit in any manner in the facilities of the Association are subject to the
provisions of the regulations set forth in these Bylaws. The rnere acquisition or.rental of any of the
lots subject to the declaration or the mere act oi o""upuncy of any such lots will signify that these
Bylaws are accepted, ratified, and will be complied with'
Section 3. Definitions. Unless otherwise specified, terms herein contained shall have the
same meaning in iG;llylr*s as in the Declaiation, the Articles of lncorporation for the
Associatioq the Colorado Non-Profit Corporation Act as amended or CCIOA' For purpo.ses^of
irrl.L gvr"*s, both the Colorado Non-Profit Corporation Act and CCIoA shall be hereinafter
sometimes referred to as the uActs." In addition, fo, pr.poses of these Bylaws, these Bylaws, the
Declaration, the Articles of Incorporation for the Assoiiation, the colorado Non-Profit corporation
Act, and CCIOA shall be hereinafter sometimes referred to as the "Regulatiotrs."
Section l. Membership. ownership of a lot within the Ukele Acres Subdivision is required
in order to qualify for mernbership in the Association. Any person on-becomitlg an owner of a lot
(,,Owner',) shall automatically become a member of the Association and be subject to tltese Bylaws,
provided however that the open space lots owned by the Association shall not be entitled to
membership. Such membership shall terminate without any formal Association action whenever
such person ceases to own a lot, but such termination shall not relieve or release atry former owner
from any liability or obligation incurred under, or in any way connected with, the Association
during the period of such &nership, or impair any rights-oi."*"di"t which the Executive Board of
the Association or others may have against such fornier Owner and member arising out of or in any
*uy .onn.cted with o*n"rrrrip and m"ernbership and the covenants and obligations incident thereto'
Section 2, Voting, Voting shall be based upon one. (l) vote per.lot' In voting for members
of the Executive Board of the Association, those receiving the most number of votes shall be elected
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without the necessity of a majority. There shall be cumulative voting for all members of the
Executive Board.
Section 3. Proxies. Votes may be cast in person or by proxy. Proxies may be filed with the
Secretary at or before the appointed time of each meeting.
Section 4. Majority of Lot Owners. As used in these Bylaws, the term "majority of lot
owners" shall mean more than fifty-one percent (51%) of the votes entitled to vote at a meeting of
members.
Section 5. Ouorum. Except as otherwise provided in these Bylaws, the presence in person
or by proxy of thirty+hree and one-third percent (33 ll3%) of the members shall constitute a
quorum. Except as otherwise provided in the Declaration or Articles of Incorporation or Acts, an
affrrmative vote of a majority of lot Owners presents, either in person or by proxy, shall be required
to transact the business of any meeting, and the acts or decisions thereby undertaken shall be
binding on the Owners.
Section 6. Removal of Executive Board. Owners, by a two{hirds (2/3) vote of all persons
present and entitled to vote at any meeting of Owners, at which a quorum is present, may remove
any member of the Executive Board with or without cause, other than a member appointed by the
Declarant.
ARTICLE III
ADMINISTRATION
Section L Association Responsibilities. The Owners will constitute the Association, who
will have the responsibility of administering the Association through an Executive Board who shall
have the authority to hire a rnanager.
Section 2. Place of Meeting. Meetings of the members shall be held at such place in the
State of Colorado as the Executive Board ntay determine.
Section 3. Annual Meeting. The first annual meeting of the Association shall be held
during the month of October in the year following the incorporation of this Association. Thereafter,
the annual meetings of the Association shall be held during the month of October of each
succeeding year, or on a more convenient date as determined by the Executive Board. The purpose
ol the annual meeting is for the election of the Executive Board, by ballot of the Owners, in
accordance with the requirements of these Bylaws, and the transaction of such other business of the
Association as may properly come before the meeting.
Section 4. Special Meetings. Special meetings of the Association may be called by the
President, by a majority of the Executive Board, or by Owners having ten percent (10%) of the
votes of the Association.
Section 5. Notice of Meetings. Not less than ten (10) nor more than fifty (50) days in
advance of any meeting the Secretary or other oflicer specified in these Bylaws shall cause notice to
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be hand delivered or sent prepaid by United States mail to the mailing address of each Owner or to
any other mailing address designated in writing by the Owner. The notice of any meeting must state
the tinte and place of the meeting and the items on the agenda, including the general nature of any
proposed amendments to the Declaration, these Bylaws, any budget changes, and any proposal to
remove an officer or member ofthe Executive Board.
Section 6. Adjourned Meetings. If any meeting of the members cannot be organized
because a quorum has not attended, the member(s) who is present, either in person or by proxy, r&y
adjourn the meeting, from time to time, until a quorum is obtained.
Section 7. Order of Business. The order of business at the annual meeting of the Owners
shall be as follows:
l. Roll call and certifying proxies;
2. Proof of notice of meeting or waiver of notice;3. Reading and/or disposal ofunapproved minutes;4. Reports of officers;
5. Election of directors;
6. Unfinished business;
7. New business; and
8. Adjournment.
ARTICLE IV
DGCUTIVE BOARD
Section l. Number and Qualification. Until the time that Owners other than the Declarant
are authorized to elect members to the Executive Board, the Executive Board shall consist of those
members named in the Articles of Incorporation of the Association, unless that Executive Board by
resolution elects to add additional members. ln the event member(s) named in the Articles of
Incorporation of the Association resigns, dies, or refuses to take office prior to the occurrence of
either of the events described in the first sentence of this section, then the Declarant or Declarant's
successor shall be entitled to elect a replacement member of the Executive Board until those events
occur. At the first meeting of the Executive Board held in accordance with the preceding
provisions, the Executive Board shall fix a number of members which shall be no less than two (2).
The Executive Board shall govern the aflairs of this Association until their successors have been
duly elected and appointed and qualified. Successor members of the Executive Board shall be
elected and/or appointed at the annual membership meetings thereafter held.
Section 2. Election and Term of Office. At the expiration of the initial term of office of
each of the respective elected and appointed members of the Executive Board, their successors shall
be elected or appointed, as the case nray be, to serve a term of tlrree (3) years. Except as is
otherwise provided by these Bylaws, the rnernbers of the Executive Board shall hold office until
their successors have been duly elected or appointed, as the case may be, and qualified. The terms
of at least one-third (l/3) of the members of the Executive Board, not appointed by the Declarant,
shall expire annually.
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Section 3. Vacancies. Vacancies in the Executive Board caused by any reason may be
filled by a vote of the remaining members of the Executive Board, even though they may constitute
less than a quorullt, and each person so elected shall be a ntember of the Executive Board until a
successor is elected.
Section 4. Ouorum of the Exesutive Board. At all meetings of the Executive Board, a
majority of the members shall constitute a quorum for the transaction of business, and the acts ofthe
majority of the members of the Executive Board present at such meeting at which a quorum is
present shall be the acts of the Executive Board. If at any meeting of the Executive Board there be
less than a quorum present, those present may adjourn the meeting from time to time. At any such
adjourned meeting, any business which might have been transacted at the meeting as originally
called may be transacted without any further notice.
Section 5. Organizational Meeting. Untilthe time that Owners other than the Declarant are
authorized to elect members to the Executive Board, the Executive Board shall consist of those
members named in the Articles of Incorporation of the Association, unless that Executive Board as
by resolution elects to add additional members.
Section 6. Regular Meetings. Regular meetings of the Executive Board may be held at such
time and place as shall be determined from time to time by a majority of the members of the
Executive Board. Notice of regular meetings of the Executive Board shall be given to each
ntember, personally or by mail, telephone, or telegraph, at least seven (7) days prior to the day
named for such meeting.
Seaion 7. Special Meetings. Special meetings of the Executive Board may be called by the
President on three (3) days notice to each member, given personally or by mail, telephone, or
telegraph, which notice shall state the time, place (as hereinabove provided), and purpose of the
meeting. In addition, special meetings shall be called at the written request of two (2) or more
members ofthe Executive Board.
Section 8. Waiver ofNotice. Before or at any meeting ofthe Executive Board, any member
may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by a member at any meeting of the Executive Board shall be a
waiver of notice of the time and place thereofl If all the mernbers are presettt at any meeting of the
Executive Board, no notice shall be required, and any business may be transacted at such meeting.
The Executive Board may take any action which they could take at any meeting by unanimous
consent without a meeting. Such consent shall be in writing and signed by all of the members.
Section 9. Telephonic Meetings. Special meetings of the Executive Board can be held by
means of conference telephone or similar communications equipment by which all members
participating in the rneeting can hear'each other at the same tinre. Such participation shall constitute
presence in person at the meeting.
Section 10. Powers and Duties. The Executive Board shall have the powers and duties
necessary for the administration of the aflairs of the Association pursuant to and in accordance with
the Declaration and the Articles of Incorporation ofthe Association.
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Section 11. Managing Agent. The Executive Board may employ for the Association a
Managing Agent at a compensation established by the Executive Board to perform such duties and
services specified in the preceding section of these Bylaws, and the specific power to delegate such
duties is hereby reserved to the Executive Board; however, no such delegation shall relieve the
Executive Board of its responsibilities under the Declaration and these Bylaws.
Section 12. Reimbursement. A Board member shall be entitled to reimbursement for any
actual out-of-pocket expenses which can be documented by written receipt, which expenses were
incurred in the proper performance of their duties.
Section 13. No Compensation to Members. Elected members of the Executive Board shall
receive no compensation for their services as such, unless approved by a majority vote of Owners.
Section 14. No Waiver of Rights. The ornission or failure of the Association or any Owner
to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, or other
provisions of the Declaration, the Bylaws, or the rules and regulations adopted pursuant thereto shall
not constitute or be deemed a waiver, modification, or release thereol and the Board of the
Managing Agent shall have the right to enforce the same thereafter.
Section 15. Fidelity Bonds. The Executive Board rnay require that all oflicers and
employees of the Association and the Managing Agent handling or responsible for Association
funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be a common
expense.
Section 16. Minutes. Written minutes shall be kept of all meetings and actions of the
Executive Board and any committees acting thereunder.
ARTICLE V
OFFICERS
Section l. Officers. The officers of the Association shall consist, at a minimum, of a
President and a Secretary-Treasurer, both of whom shall be elected lrom members oflthe Executive
Board. Such officers must be members of the Executive Board, and each shall be an Owner (or
representative of an Owner whose agency shall be in writing) of a lot or a representative of
Declarant.
Section 2. Election of Oflicers. The officers of the Association shall be elected annually by
the Executive Board at the organizational rneeting of each new Executive Board and shall hold
ofl'ice at the pleasure ofthe Executive Board.
Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of
the Executive Board, any officer rnay be removed, either with or without cause. A successor may
be elected at any regular meeting of the Executive Board or at any special meeting of the Executive
Board called for such purpose.
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Seoion 4. President. The President shall be the chief executive officer of the Association.
The President shall preside at all meetings of the Association and the Executive Board. ThePresident shall have all the general powcrs and duties which are usually vested in the office ofPresident of a non-profit corporation.
Section 5. Secretary-Treasurer. The Secretary-Treasurer shall keep the minutes of all
meetings of the Executive Board and the minutes of all meetings of the Association; such individualshall have charge of such books and papers as the Executive Board may direct; and they shall ingeneral perform all the duties incident to the office of Secretary. The Secretary-Treasurer shallcompile and keep up to date at the principal oflice of the Association a complete list of members
and their registered addresses as shown on the records of the Association. Such list shall also show
opposite each member's name the number or appropriate designation of the lot owned by suchmember. Such list shall be open to inspection by mimbermnJ other persons lawfully entitled toinspect the same at reasonable times during .eguiar business hours. ThL records referrld to in thissubsection may be maintained by the Managing Agent. The Secretary-Treasurer shall haveresponsibility for all Association funds and shali be responsible for keeping full and accurate
accounts of all receipts and disbursements in books belonging to the Asiociation; provided,
however, that when a Managing Agent has been delegated Ilr.i.rponsibilitf of coliectir.,g unjdisbursing funds, the Secretary-Treasurer's responsibilit shall be to review the accounts of theManaging Agent not less often than annually.
Section 6. Vice-President. The Vice-President, shall take the place of the president andperform the President's duties whenever the President is absent or unable to act. If neither thePresident nor the Vice-President is able to act, the Executive Board shall appoint some othermember to act in the place of the President on an interim basis. The Vice-president shall alsoperform such other duties imposed by the Executive Board or by the president. The oflice of theVice-President may be vacant.
Section l. Indemnification. The members of the Executive Board, Architectural Review
Committee, the Managing Agent, and the officers of the Association shall have the liabilities, and
be entitled to indemnification, as provided in the Act, the provisions of which are incorporated byreference and made a part ofthese Bylaws.
Section 2. Other' Contracts or other commitments made by the Executive Board, officers,or the Managing Agent shall be made as agent for the Owners, and they shall have no p.rronuiresponsibility on any such contract or commiiment (except as owners). -
ARTICLE VII
AMENDMENTS
Section l. Amelrdments to Bylaws. These Bylaws may be amended only by resolution
adopted by a majority of the members of the Executive-Board and ratified by a majority vote of the
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ARTICLE VI
members of the Association at a duly constituted meeting for such purposes; provided, however,that no amendment shall conflict with any proririon oi the Decl..ution (unless it is similarlyamelrded) or violate any provisiolr of tlte Acis.
'The
notice of the meeting to amend the Bylaws shallspecify the amendrnent in such notice.
Section 2' . The Articles of lncorporation may beamended in the manner provided by the Acts.
ARTICLE VIII
WATER SERVICES
The Association shall have the powers and duties necessary for the supply and restriction ofwater for and within the. subdivision pursuant to and in accordance with Section zo andelsewhere inthe Ukele Acres Subdivision Declaration.
ARTICLE IX
NON-PROFIT AS SOCIATION
Section l' Non-Profit Aspect This Association is not organized for profit. No member,owner-member of the Executive Board, or person from whom thl Association may receive anyproperty or furrds shall receive or shall be lawfully entitled to receive any pecuniary profit from theoperation thereof, and in no event shall any part oithe funds or assets of the Association be paid as asalary or compensation to, or be distribited to, or inure to the benefit of, any member of theExecutive Board' The foregoing, however, shil neither prevent nor restrict the following: (a)reasonable compensation may be paid to. any manager acting as an agent or employee of theAssociation for services rendered in effecting tn" o. froreof the purposes of the Association, and(b) any member or omer-member of the Ex-ecutive Board nray, from time to time, be reimbursedfor their actual and reasonable expenses incurred in conneciion with the administration of the aflairsof the Association The provisions herein are not appticable to any Managing Agent who shallperforrn duties and functions according to written ug..Lrn.ni for the.ornp.n#ion stated therein.
ARTICLE X
ASSESSMENTS
The Association shall have the powers and duties necessary to administer and enforceassessments upon the Owners pursuant to and as more fully set forth in the Ukele Acres SubdivisionDeclaration.
Section l. Books and Records. The Executive Board shall cause to be maintained at theprincipal office ofthe Association complete books of account of the affairs of the Association.
Section 2' Inspection. Such books of account shall be open to inspection upon the writtendemand of any member or holder of a first mortgage on any lot for a purpose reasonably related to
F:\CIients\SMITH, Jean\ukele bylaws.doc
Jmtary22,200l
ARTICLE )(I
his interest as such member or mortgagee, and shall be exhibited to such member or mortgagee atany reasonable time upon reasonable request. Inspection by any member or mortgagee may bemade in person, or by his agent or his attorney, and tire right to insiection includes the right to makeabstracts and perform audits. All of the fo-regoirg rr,lti be at the expense or ,n. member ormortgagee requesting inspection. Requests for inspection shall be made in writing directed to thePresident, Secretary-Treasurer, or to thl Executive Board.
section l' Working capital. A working capital fund may be established and collected fromeach owner other than the Declarant in an amount determined by the Declarant. Any amounts paidinto this fund shall not be considered as advance puy*.nt of assessments. Until termination ofDeclarant's control of the Executive Board, the working capital shall be deposited without interest ina segregated fund' While the Declarant is in control Jrtrr. Executive Board, the Declarant cannotuse any of the working capital funds to defray its expenses, reserve contributions or constructioncosts, or to make up budget deficits.
Section 2' Reservg!.' As a part of the adoption of the regular budget, the Executive Boardshall include an amount which, in iis reasonable business judgment, will establish and maintain anadequate reserve lirnd. for the replacernent of improvernents to the common properties of theAssociation that it is obligated to maintain, based ,pon tt " project's age, remaining life, and thequantity and replacement cost of major improvements to ttie common properlies of the Association.
ARTICLE )ilII
MISCELLANEOUS
Section l' Notices. AII notices to the Association or the Executive Board shall be deliveredto the office of the Managing Agent or, if there is no Managing Agent, to the office of theAssociation, or to such other addreis as the Executive Boarcl ,uyi.Iign"ui. uy-*ritt.n notice to allowners' Except as otherwise provided, all notices to any owner shall be sent to the owner,saddress as it appears in the t coids of tlre Association ati notices shall be deemed to have beengiven when mailed, except notices of changes of address, which shall be deenred to have been givenwhen received.
Section 2' Fiscal Year. The Executive Board shall establish the fiscal year of theAssociation.
Section 3' Waiver. No restriction, condition, obligation, or provision contained in theseBylaws shall be deerned to have been abrogated or *oiu.J'uy reason of any iailure to enforce thesame, irrespective of the number of violations or breaches wtrictr *uy o""r.. '
Section 4' ry* .The principal oflice of the Association shall be at such place as theExecutive Board may from time to time designate.
ARTICLE )(II
FlClients\SMITH, Jean\ukele bylaws.doc
lanuary 22,2001
-
Section 5. Compliance. These Bylaws are intended to comply with the requirements of theActs' If any of these Bylaws shall conflict with any provision of thodcts, the provisions of the Actsshall control.
Section 6. Declaration Controls. If any of these Bylaws conflict with any provision of theDeclaration (and assuming they do not conflict with the Acts), the Declaration shall control.
Section 7. Corporate Seal The corporate seal of the Association shall be in such form asshall be approved by resolution of the Executive Board. The seal may be used by causing it or afacsimile thereof to be impressed or aflixed or in any other manner reproduced. The impression ofthe seal may be made and attested to by either the Secretary-Treasurer for the authentication ofcontracts or other papers requiring the seal.
By
Dated this day of
F:\CIients\SMITH, Jean\ukele bylaws.doc
January 22,2001
200 l.
UKELE ACRES
HOMEOWNERS ASSOCIATION, INC.
Jean M. Smith, President
ItOltRO1Vtill: ItonntrlLl,lNl)Ull: ll.K.L.
CONSTIIUCTION LOAN AGRBDM ENT
W. Smith nrrrt.Ienn M. SmithL.L.C., n Colornrlo Lilrrilcrl Linbilily Corrrpany
eornlitiurrs slx.eilicrl irr llris Ar
l)EFlNtI'lON.S. .l.hc firllorving rvords shnll havc thc ftrll
;li::ili,:,lJl;,H':l;tifl;*,,r*::li:j:irr;-.j,:n lr:f;:lr"rii,: I,;,r,cc,ncn, n,,v hc nnrcndc<, or rnodiried ,io,n ,imc ,o
Archileclure conlract' 'l hc rvor<ls "n
'cllilecltttc (bntracr" nrcan rrrc archirccr's cor(racr rcratirrg lo rrrc pr<rjccr. if arry.
ff'}ifx?;;}lii:11f,f,.,;":l;1,:li,:ll;J;iJ,.,rTiyf#$;i::,,:f,l5|1lii];t*1,.f:l1:l,,[:"r,[,ii:;f::lt,i,lli,iii"itf*i;
(itnllllcllccttlenll)nlc' lhcrvottt's"('otrrrr,rconlc,rrr)nrc"r.cn,rrrcrrarcrlorr,rvcrlrcgirrsrvorkonlrrclrrriccr.
Conlrnclor. The rvortl..Conlraclor., rncans lhe Gcnerat Conlraclor fur (hc projcct rvho has ycl ao bc <Jelcrnrilred.
Dc[ault."
illiiiiii,.lll;,ll'r:iili'ti:ri'irk,:ilriiiift'r[ifi:fiill*Hl:yi'r,ltillr.#,"1};jl;;1:llrnrd1rmitilfiI*lrli,r
f'cndcr' 'l hc rv,rd "l'cntlcr" rncnns ll'K l" l''1,.c., n Col,rnrkr r,inrircrJ l,irrbiriry c.,r,any, irs srrcccssors nntr assigns.
Exhibit C
H
- DEPOSIT AGREEMENT ,/4
I'rolccl. .lhc,rrrrrrl,,l,rojt:e1..
rrrcnrrs llrc cr)nslnt(:lion nrrrl eorllrlcliorr r
'l orvnshin 6 South Rongc 92 West oIthc Sixlh t,rirrcipal Mcri(linn
rr hich has thc atklrcss of J 194 7 I lrvy. (r&24. Silt, Cokrratftr 8 l(r.52. I
Itclnlttl l)otltntemls' I hc rvortls "tk:lalcd l)ocrrnrcrrrs" r.cnn nrrtl incrurto rvirhour lirnirari,rr a, ncrrvitonrnctrlal I
t,rrting.
l,O,tN. 'f hc l.oan shnll |rc .
*'*;u:l*ll;*:ll#[il;'riIlrfftfr:l,:.,:'l'*h,,',,:l*rilg#l;;i11.f*$ryil,liffi#tT*'fJffi[y**1[il${rx[
th; nrry rarv' grvenrnrcnrnl .cg,,rnriu,,. "n,,ri,t".r*, ur,,r,r", appricnbre r, aorror'cr.
H
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hc nlll'cletl hy l'cnrlcr's ncqrrisiliotr o['nny ittlctcsl irr arry ol-thc Jrlolrcrlics, rvlrclhcr hl lirrcrlosrrrc.r.lhcrrvisc
lntprovcnlcn(s lionr excceding thc lrrojcct costs.
Acccss' 'l hc Propcrty is conligtrotts lo ptrblicly dcdicalctl slrccls. roads, or highrvays provirlirrg nccess to thc I'ropcrty.
Assessnenlofl'roperly''lhcl'ro;rcrlyisantlrvill conlinuclobonsscsscdandlaxcdasnnintlcJrntlcrrtporccl byall govcrnnrcnlal authoritics.
antl lcdcral. sl:rlc. nnd locnl rcrpircrncrrls.
lalitl arltl hirrrlirrg ohligntions rtl"ltorrower cnftrrccn6lc ngainst llorroricr in nccorrlan.c rvilh thcir rcspcrcliic lcrnrs.
subject to the lirlfillrncnt to Lcndcr's srlisfirction ol-all ofthe contlilions sct lonh in rhis Agrccrncnt..l'
and such olher cxpcnscs as Lender shall approve.
b' l hc balance oflhe loan shall be ndvanccrl ugrn rcceipl by Lentlcr, in ftrrrrr arrrl conlcnt satislactory to lcndcr, ofthe following:
Itcrctoforcrc'ceivcdandrccor<jatlonoaIlhcplatlhcrcofinthcolliceofllrcCictkanr]ltcrorici ot(inrticlJ County,colorado.
(2) cvitlcrrcc oIinsttrattcc covcrrge, lxrllt hr conlrflcto]'s lialrility nrxJ workrncn,s cornlrcrrsatirn;
rcsirlcrrlinl lols ns np;rrovcrl hy (inrlickl County, Colornrlo;
(4) hutlgct of t(ltnl t'roicct cosls nttd schcdttlc ol'cstinrnlctl nrnorrnl ul-linrc of tlisl,rsclrr,rls ol cncl Advn.cc:
(.5) lic,,*,nivcrs signctl hy nll pnycrs wlxr tvcrc rccipicrrts ol.pri.r nrlvanocs; nnd
sutxlivision.
Belore the balance o[lhe loan is advanccrJ, l,cnrler rrusl hnvc rcccivcd a copy of lhc 6uiltling Jrcrnrit;
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Plans. Speciftcrllonr. rntl Pcrntilr. l,entler shall ltnvc rcccivcd nnd ncceplcd n conrplclc scl oI |tlans sclling ftrfh all lnrprovemcnls for the Project, an<l
l\ o jt'cl.
Contrnt:l nrrd nn cxocrrlcrl copy ol'lhc ('onslrrrcliorr ('onlrocl, ifnpplicnblc.
cslinrnlctl nrrrouni and lirrtc of rlishurscrrrcrrls ol'cnch Advnrrcc.
discrction rrray rcqrrirc.
l.crrrlcr. in its solc rliscrctiorr. including applicnhlc rcgrrlntory rctprircntclrls.
applicahlc provisitns and rcqttircntcnls oflhc "l lnznrdous Subslanccs" pnrngmph scl firrlh lrclorv.
ptccltttlc ils ttsc or dcvcloptncrrl as conlcrrrplalcd rvilh()ul cxlra cxgrcnsc firr prccnrrlionary, corrcclivc or runcdial nrcasurcs.
tnal'rct;rrirc.
olrcralion of lhe I'ro.jcct.
colltplcliott an clttkrrscntcnl rvlriclt ittsutcs lhc lirrc-lir:c crlrnlrlclion oflhc lrrrprovclrrcrrls.
applicahle larv; and (<l) all othcr ittsurancc rcquircrl hy this Agrcctrrcnt (,r hy thc Rclalctl l)ocurncrrts.
rcBulations rvitlr rcgnrtl lo nll work pcrlirrrncd on thc l,ro.ject.
l'rymtnl oI Fees rnd 1)rpenses. ltotrorver shall havc pai<l to Lcndcr all cxpcnses spcificd in lhis Agrccnrcrrt ns arc (hen rluc anrJ payablc.
ntrrl rvill cotllirrrtc lo cottrply rvillr nll nppliurblc slnlrrlcs, ordirrnrrccs. c<xlcs, rr:grrlnliorrs. nrrri sinrilar rc<lrrircrrrcnts.
lirrnished prior to such applicatiorr for an Atlvance.
Lrckof Dcfrult. Thereshall notexislatthelimcofanyndvanceaconrlitirxrwhichwoul<lconsti(utenntivcnlofl)ctbuhuntlcrlhisAgrc*tncnt.
61'y 4
l)f SllURSElllE,N'l'()l? I,OAN Pll()CtlEI)S. 'l hc lhllorving provisions rclalc to lhc dislrtrrscrncn( of fitntls ,iotn thc l,onn [und.
. l,cnrltr ntny rcqttlre nnd shnll bc rrqucslcrl on thc l,enrlcr's slflnrhrd rlrnrv t cqtlesl fortn.
ol lhis Agtcvnrcnl.
cquplctl rvith an irrtcrest, shall lrc irrcvocablc, anrl shnll stttvivc rn livurt ol'l)cloult rltt<lcr this Agrcrcrncnl.
nntouttls tlc;xrsitcd by llorrorvcr slrall bc rJisbrrrsctl prior to an1' l,rlatt prlrccc<ls.
6ccnred conrplcte for prrrJxlscs oflirral tlisburscnrcnl rrrrless artd tttrlil l,cntlcr shall hnlc rcccivcd all ol'lhc lirlLrrvirrg.:
lrccn pairl, or rvill lr pfli(1. ftrr sttclt rvork:
lorlh in l[e Plarrs nrul Spcr:ilicnlions. anrl llrll tlrc l'rrr.jcr:t is rcady ftrr occtr;mttc1': antl
(c) Aoccplnncc oIlhc cornplclctl hngrrovcnrcnls hy l,cndcr nnd llorrorvcr.
lllxrr nrtcssnry lo conrplclc lhc irrrprovcrncrrls, strhslatrlially in accottl;tttcc rvilh thc I'lans atxl Spccilica(ion.
l,cntler shall not lrc ohliialcd lo rnakc rlishurscnlcnts urutcr lhis Agrccrrrcnt uttlil stteh rc$rrraliott ltns lrcn ncconrplishctl.
5v or on 5clllIofl;orrorvcr n1(l lo hlvc lrcn sL.curc(l hy l,ctttlcr's Motlgagcor l)cctl ol"l rrrsl. ifany, on lhc I'ropctly
colrlract.
'//1 /
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Al;lillll\lA'lll/];(:OVllNANlS. llorttrrvcrcovcnnnlsnndng,rccsrvilhl.cnrlcrlhnl.whilclhisAgrccnrcrrlisincflbct, llorrorvcrwill:
corrtlition ol llorrorvcr or lhc lirrnlrcirrl crxrtliliorr ol nrry ( irrntnrrlor.
to cxnlninc nnd ntrtlil llorrrxvcr's txxtks nntl tcl:orrjs al nll rcasorrnblc linrcs-
lirtrc lo lirnc.
to prole-t [.cndcr's inlcrcst.
pr(rlrcrl], or\1lcrs.
l,orn Proteeds. [Jsc lhe t.lndisl)urs{xl l.orn l;un<ts srlcly firr plynrcnl ol bills nrr<J cxlrcnscs rlirc.cily rclnlcd lo thc projc.cl.
bcftrrc lirrlhcr rvork shall bc rlonc u6rn thc Jxrrtirxr o[lhc lrrrprovcrrcnls alll.clctl.
Rclnlctl l)ocrrnrcnts or Iny corrlrncl rclalcrl to llre lroiccl.
rerrxrvc lhc licrr or chargc as providcd in lhc Jrrcccrling pnrngmph.
inrrncrlialcly in writing oferry dclault in conlrcclion rvith nny agrecrncnt.
Arklllionel Aslrrrnnces. [Vlnkc. crccrrlc, nrrtl rlelivcr I
rkrcrrrrcrrl nnrl sc.crrrc lhc l,onn nnd lo Jrcrftrcl l,cndcr's I
t sttcit.)r,,;r i. .'1,fri(,(:iitttris. irrslilnl
Ittlctr:sri: ir"i^r i1'"r1pa'9qt' nrt<I lnrptrt.
rrnrcrrls. nrrtJ othcr agrccnrcnls rcasonably necessary lo
Borrower, rvhiclt explattalion and calculalions shall hc conclusivc in lhc abscrrcc oInmnifcsl crror.
,r';'fl
l,crxlcr:
cttctttttlrr ntty rtl'llorrorvcr's osscls, or (c) st:ll rvilh rccorrrsc any ol'llorrorvcr's acc(ru1ls. crccpt lo l.crrrlci.
corrsc ol'hrtsincss.
cntily' or (c) incttr nny oblignliorr ss sltrcly or guarirnlor olhcr llran in tlrc orrlirrary clrrrsc sl'hrrsincss.
Illodifitnlion of (-'onlrrcl. Mnkc or lrcrrttit lo hc nrntlc nrry rnrrrlificaliorr ol'lhc (irnstrucli6rr (1ntracl.
l,icns. Crcntcorallorvlobccrealcdnnl,licnorohargculxrrrlhcl\npcrryorlhclrnprovcrncnls.
(;ENERAl,l'llO.l1,(l'l'l'llOVlSlON.s.'l-hcftrllorvingprovisionsrclalctothcconslnrclionarxlcorrrplcti6rr.l'l6cpr.icct:
he nssunrcrl approvcd hy lhc l.cn<lcr.
\\.rit ing.
prlrrx)scs.
EVEN f OF l)i:fAlll,'l'. llach of lhe following shall conslitute an l]vcrrt of l)cfault un<lcr this Agrccnrcnt:
l)efrtlllonlndeblcdncss. [iailtrrcofllorrorvcrlonrnkcnnynnynrciltrvhcrrdrrcorrlficl,oans.
nny olhcr Rgrccntcnl bctrvcclr l.entlcr nrrd llor,.
lhc RcfntctJ l)(rculltcnls is frlsc or nrislcadr'r4; in any nracrbl rqmr d alE rirE Edc a frlir*rd, or hcolnm fifsc or nrisfcs<fiirg al any tirnc tfcrmllci.
lo crcale a valirj and pcrfcrlcd sccurily inlcrest or licrr) at arry lirnc anrl filr arry rcasorr.
,)t:
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t/',.r1{)
nrr1, procccrlirrg rrrrtlct nny hnnkrrrplcy or ittsolvcttcy lnrvs hy rtr agititrsl llortorvcr.
or ftrrfcilrrrc proccrrlirrg mlislhc(oly lo l.cttrlcr.
livcnl of'l)calh.
cotnplclcs all rclsonahlc snd noccssnry slcps srrllicicrrl to producc cotnpliance as srxrn fls rcitsonably praclical.
Corrstruclion Conlracl.
llororucr or nny (irnntor wilhoul l,cndcr's prior wtilicn ctxtscnl.
conrlcrrrnalion, scizurc, or approprialion.
cqrrity or l)y statulc.
rrntlcr appl icahlc larv.
MIS(;El,t,ANU()t'SPROVISIONS.'t'hcftrllorvingnrisccllnrrcousprovisionsarcap:rrloflhisAgtccnrcnt:
charpltrl or lxruntl by llrc allcrnlion or ntnctttfittcnl.
Applicnble Lnw. 'fhis Agrccnrrnl hes bccn delivcrerl lo l,enrter nnrl rcccplerl hy l,cndcr in lhe Slnlc of (iolornrlo. lf lhcre is r li*sttil, Uorrorler
rgr... r,pnn Lendcr's rcqtrst lo srrbmlt lo lhe jrrrlsdiclion nf lhe cortrls of (jarlickl Counly. lhe Sfrlc of C'olore<lo. 'lhls Agrccmcnt shrll bt
governed by rnrl conslrued in eccordrnce wilh lhc lnns oflhc Slrtc of(lolornrlo'
q.8
t.,lt t C
orvirtg, ttndcr nny ofllrc l(clnlcrl l)octrrttcrrls.
Agrc'ctucnl.
inlcrcsls irtcspcctivc ol'nrry lrcrsorrnl clairrrs or rlclcnscs tltal llorrotvcr rnny hnve againsl l,cntlcr.
fllrv c{}url costs, in nrltlilion lo all olltcr strtrrs provirletl hy llrv.
othcr prior or cotrcurrcnl oral or wrillcn agrccnrcn(s or rrrrtlcrslantlittgs rclaling to lhc l'rojccl.
l-cnder inftrrmql nl all tinrcs ofllorro*'er's crrrrcnt atldrcss(es)
prior rrrilictt crtttscnt ttf l,ctttlcr.
provisirrrrs ol'lhis Agrccrncrrt in all olhcr tcslrccls shall rcrnaitt l-alid nttd crtlirrccttblc.
Rclatcrl l)ocunrcrrts. rcgnrdlcss olnny invcstigalion rnade hy l,entlcr or on l.cntlcr's lrchalll
-l'inrc is of lhc l,ssence. l'intc is ol'thc csscncc in thc pcrlbnrrancc ol'lhis Agrccntcnl.
arrtl in nll cascs srrch consenl ,nay bc granlctl or rvithlrcltl itr lltc solc discrction oI l,ertder.
Ilorrorvcr hns rrol alrcarly ptid by irrclrrtlul in llorrorvcr's initial npplicnliolt lirr nn atlvattcc.
puq)osc, rvhich checks shall contain on lhc revcrsc lhcrcofa ftrrnt oflicn rvaivcr.
. ''\ /''
,,, , , ,:J.././ ) /
L-/
ltoRlrolvER A(:KN(,rVLEt)(;]:.S ilAVtN(; ttF,At' A!,t,',iltE PR(rVtStONS Or'l'!ll.S CONS'.I'Rl'(;'l',l(rN lr)AN AGRI:EMEN',l', AND B0RnOWER
A(;R$,]:S'l'() l'rs TERlllS. '!'lllS A(;REEMTN'r lS l)A'l'1:1, AS ()l; .lnnc 9,2000.
t,t,lNDutr:
First Amendment to Construction Loan Agreement
This First Amendnrent to Construction Loan Agreenrent is nrade and entered into this
_ day of Decenrber, 2000, by and bctween H.K.L. L L.C. ("HKL"), Ronald W. Srnith and
Jean M. Smith ("Smiths"), and is agreed to by Curly Construction Co. ("Curly Construction").
WHEREAS, HKL and Smiths entered into a Construction Loan Agreement on June 9,
2000 for, among other things, the funding of subdivision improvements for the Ukele Acres
Subdivision in Garfield County, being planned and platted by Smiths (the "Project"); and
WHEREAS, Smiths entered into a Construction Contract with Curly Construction for the
construction of the subdivision improvements, and Curly Construction has contpleted a portion
of the Project and has provided documetttation of sante to I-lKL; and
WHEREAS, Curly Construction has completed a portion of the Project and has provided
invoices and documentation thereof to HKL; and
WHEREAS, the estimated cost of the Project is expected to exceed by amount of funds
available from the Srniths' construction loan from HKL; and
WHEREAS, Curly Constructiorr is willing to cornplete the subdivision improvements and
to collect any alnounts by which the Project cost exceeds the available loan funds from the
Smiths (and not frorn HKL) after the contpletion of the Project; and
WHEREAS, the Smiths have submitted an Application for FinalPlat to Garfield County;
and
WHEREAS, the Smiths must submit a letter of credit to Garfield County, or deposit
funds pursuant to a Deposit Agreement with Garfield County before the County will sign the
Subdivision Intprovements Agreement and approve the final plat;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the sufficiency of which is acknowledged, the parties agree as follows:
l. HKL approves the use of Curly Construction as the general contractor for the
Project, approves the Construction Contract entered into between Srniths and Curly Construction
for a total cost of $268,854.00, and approves the estimated total project cost of $301,411.15, all
subject to the provisions hereof. HKL agrees that Curly Construction shall not be required
provide a construction performance bond.
2. The Sntiths have retained Mark D. Young, P.E., of MIDY Consulting Engineers,
Inc., as the Project Engineer for all inspections and approvals. HKL approves the use of Mr.
Young as the Project engineer, except cornpaction tests (addressed below). MDY tnust nrake on-
site observations or tests, and may not rely solely on test inforrnation supplied by the Contractor.
3. An air pressure test of all water lines has been perfornred. Additionally, water
tests will be perfiormed on all lines at such tinre as the rernainder of the water facilities have been
installed and water is available to the system. MDY Consulting Engineers will conduct or
approve and certiS such tests on site'
4. compaction tests shall be approved or done by cTL Thompson or FIP Geotech'
compaction testing it.,utt b. done as water rine trenches are backfi[ed. compaction testing of
only ihe final fill is not acceptable to HKL'
S. At such time as road sub-base has been installed on all roadways, Curly
Construction will provide compaction test results on roadways including all pipelines installed in
roadways, showing 95% Standird Proctor density, with the iests being performed under the
direction of and approved by the Project Engineei. HKL may arrange for confirmation or
approval of the test by another engineer at HKL's expense'
6. HKL agrees to disburse funds in the amounts shown in Exhibit A" payable to the..
contractors and vendors shown in Exhibit A upo, the signing of the final plat by the County' All
checks will be delivered to curly construction, which sliall deliver tltem to the appropriate
vendors or subcontractors. Curly will provide lien releases for itself and Dodson Engineered
.
products, Inc., at the time HKL iisburies funds, and will obtain lien releases fi'om Public Service
and Monroe pumps when the items ordered fiorn those vendors and delivered to the site' and
provide such lien releases to HKL.
7. HKL agrees to execute the Deposit Agreemerrt attached as Exhibit B' and to
submit the same to the Smiths together witrr a check fayabre to "Garfield cor-rnty Treasurer" for
the amount of sr:o,izi.oo rpo,,1h" sig,',i,'tg of the finaiplat by the Courrty' Srniths shall submit
the agreement and puy,r.n, promptly tJ the'County, alorig with the County service fee of
$ I,3 I 5.00. The Smiths will diligently pursue appro,ral of tlre final plat application' and will
provide a copy thereof to HKL upon approval'
g. HKL agrees to timely approve and autlrorize disbursement of the funds deposited
with the County, upon"receipt by HkLof proper pay requests, in accordance with the Deposit
Rgr..r.n, and the Construction Loan Agreentent as atnettded hereby'
g. Curly Construction agrees to complete all work required by the County under the
Subdivision Improvements Agreement itt accordance with the plans and specifications' the final
plat, and all County cod", u,.,i regulations, and to pay all subcontractors and nlaterialme, and
obtain lien release, in o""o.darrce with the Construction Loan Agreetnent' Curly Cortstruction
will provide as-built drawings to HKL'
10. If and to the extent the total project cost exceeds the amount of funds available to
the Sntiths under the Construction Loalr ngi""r"nt, Curly Construction agrees to complete the
project as required, and collect any payrtr",it fo, the excess directly front the Srniths outside of
the construction Ltan Agreenreni ty r"porut" agreement with the Smiths. curly construction is
a party to this First Anreridnrent for ti',. purpor. ff tnit specilic agreenlent regarding recovery of
excess costs, and does not assume any other obligation_s io HKL or Smiths by signing this First
Amendment to construction Loan Agreenrent. Curly construction agrees not to lien the project'
11. All terms and provisions of the Construction Loan Agreement shall remain
unchanged and in full force and effect except as rnodified herein.
BORROWERS:LENDER: HKL, LLC,r,ilfffu
Scott Sobke, Manager
R-onald W. Smit
CURLY
Exhibit A
To First Amendment to Construction Loan Agreement
Disbursements to be made by HKL
Payable to:
l. Curly Construction Company, Inc.
2. Dodson Engineered Products, Inc.
3. Public Service Company of Colorado
4. Monroe Pumps
5. Balcomb & Green
6. Deposit to County
Total
Amount
$64,868.50
25,000.00
21,447.50
24,452.00
1,500.00
L315.00
$ l3 8,583.00
Exhibit D
To Deposit Agreement
Between Garfield County, H.K.L., LLC, and Smiths
Item
Total Construction Cost, per Contract
Less: Costs Incurred and Approved to Date
l. Curly Construction CompanY, Inc,
2. Dodson Engineered Products, Inc.
3. Public Service Company of Colorado
4. Monroe Pumps
5, Balcomb & Green
6. Deposit to County
Subtotal
Equals: Amount Remaining on Contract
to be deposited with County
Amount
$268,854.00
$64,868.50
25,000.00
21,447.50
24,452.00
1,500.00
1.315.00
$138,583.00
$130,271.00
Exhlblt D
Memo
To: Mark Bean, Planning Director
From: Jeff T Nelson
GG: Randy Withee
PFCF/yF6
JAtt0SZ00t
Date: 01105101
Re: Engineering review of "UKELE ACRES final ptat/construction drawings" dated 21700
Mark,
I have reviewed the above mentioned drawings and have the following comments.
1. General:
1.1. I did not receive any specifications for review2. Coversheet:
2.1. The "grading plan" sheet should be the "grading ptan & existing condifions" sheet.2.2. Afinal plat should be included in the plan set and on the sheet tifle.3. Sheef 2 of 11: grading & drainage plan:
3.1. Miscellaneous drafting comments.
3'2. Add swales along the south side of lots 1,2 & 3 to catch runoff and direct it to the proposed detention
pond in lot 3.
3'3. According to preliminary plat, comments there should be "Right of Way" between Katie court and
Esther court. Plan shows it as an easement.
3.4. Add swale along the south side of lot 6 to catch runoff and direct it to the proposed detention pond in
lot 5. This will keep lot 5 from being inundated by storm drainage from lot 6 if it becomes less
peruious in the future.
!.!. lnow existing storm drainage swale that the detention pond on lot 5 wilt discharge into.
3.6. Show all existing conditions information on this sheet and label accordingly. ThJfence lines appear to
be missing.
3.7. Without seeing the easement legal, should the easements all be labeled ingress/egress utility
easements. They are currently labeled utility & maintenance easement.
3'8. lt appears the lower cactus valley ditch is incorrectly located on this sheet. Has the ditch been located
by means of suruey equipment or sketched in? Show existing spot elevations along T.O.B., flowline,
and T.O.S.
3.9. During my field visit, I noticed an existing structure near your sta: 3+10.68 offset 25.00 left on the tank
access road, ls this structure to be removed and what is it?
\Ueflc drive\Projects\ukele acresveview{1.doc
Page 1 of3
4.
3.10.lt appears that the cut slopes at the end of the tank access road will be cutting into the existing bank
for the irrigation ditch. The ditch may need to be piped in this area to keep ditch from weeping in the
future.
3.11.Add contour elevation labels on all of the contours proposed and existing.
3.12.Label high points and low points with spot elevations.
3.13,Add a table showing square footage's for existing and proposed of the following: greenspace,
impervious area, ponds, buildings and their percentages of the overall site.
3.1 4.Add general notes:
3.14.1. Refer to drainage study completed by [?] for further information on storm drainage design.
3.14.2. Drainage plan designed to meet 21-year storm frequency.
Sheef 3 of 11: utility plan:
4.1. Miscellaneous drafting items.
4.2. Show contour elevations on all contours.
4.3. Add utility owner directory showing name of utility, owner, and addresses.
4.4. When town of silt expands its limits in the future, will this development be required to tie on to their
sewage and water systems? lf so there should be a note in the covenants stating this.
4.5. Add additional valves as labeled on sheet.
4.6. Notice note number two of the utility plan notes states schedule 80 PVC shall be used. On other
sheets in the drawings, it states schedule 40 PVC shall be used. Schedule B0 PVC should be used
on all above ground PVC and PVC subject to constant water hammer.
4.7. Extend the 8-inch water main and 4-inch irrigation main to the end of pavement at county road 229
forfuture connection.
Sheet 4 of 11: detail utility plan:
5.1. Miscellaneous drafting items.
5.2. Show contour elevations on all contours.
5.3. Extend the B-inch water main and 4-inch irrigation main to the end of pavement at county road 229
for future connection.
5.4. The new 2-inch water line appears to be located outside of proposed easement. Plans need to
denote this line within the proposed easement.
5.5. There appears to be a conflict with proposed culvert and proposed potable water pump station at
n32096.26 e85408.73.
5.6. Show all storm drain culverts on utility plans either shaded or dark to show conflicts.
Sheef 5 of 11: detail utility plan:
6.1. Miscellaneous drafting items.
6.2. Show contour elevations on all contours.
6.3. The overhead power line across lot 4 appears to be out of any easement shown. lt should be
relocated to within the right of way within lot 4.
6.4. Add valves as noted.
6.5. Move curb stops to right of way line on lot 5.
Sheef 6 of 11: road plan & profile:
7.1. Miscellaneous drafting items.
7.2. Show contour elevations on all contours.
7.3. Show spot elevations on PC's and PT's of cul-de-sac edge of pavement for storm drainage runoff
review.
7.4. Show cross slopes of cul-de-sac on plan view.
7.5. Show all proposed and existing culverts in the profiles.
7.6. Show signage on plan view where applicable.
7.7. ln the emergency access road, there is a proposed grade bust between plan and profile of 5451 .65 to
U51.71. This is not very much, but I wanted to point it out in case it affects the construction of the cul-
de-sac.
5.
6.
7.
Page 2 of 3
SCIIEDULE OF EXIIIBITS
TO
DEPOSIT AGREEMENT
UKELE ACRES
A. Subdivision Improvements Agreement
B. Construction Costs
C. Construction Loan Agreement (and First Amendment to Construction Loan
Agreement)
D. Disbursement Itemization
SUBDIV SION IMPROVEMENTS AGREEMENT
This Agreement is
Conrnrissioners of Garfield Cou
Jean M. Smith (the "Owner").
Ukelc Acres
and entered into by and between the Board of County
ty, State of Colorado (the "County") and Ronald W. Smith and
Introductiorr
Owner is the owner and
Colorado, known as Uk
oper of certain real property located in Garfield County,
e Acres (the "Property"), which real property is also known as
Township 6 South, Ran 92 West of the 6'r'P.M Sections 4 and 9
Preliminary Plat approv
forth in County Resoluti
for Ukele Acres was obtained under the terms and conditions set
n No. 2000-038.
Owner has submitted to he Colrnty for its approval, final documents and a Final Plat for
Ukele Acres (the "final docurrrents"), and has agreed to cornplete certain subdivision
to the dcvelollrnent, all as nrore particularly sct out hereafter.iurprovenrents rvith r
This Agreenrent constitu
required and intcnded to
es the Surbdivision Inrprovements Agreentent (the "SIA")
secLrre the laitlrlul corrstruction and installation of tlre subclivision
irrtprovenrent s rccltr i rcd a corrclition to Final Plat approval.
Agreement
rsideration of the premises and the following mutual covenantsThe Parties, for and in
and agreements, agree as follow
Final plat approval: The ounty hereby accepts and approves the Final Plat of Ukele
Acres, subject to the and conditions of this Agreement, as well as the terms and
conditions of the Prelirni
Zoning and Subdivision
Owner's perforrnance: O
ary PIat approval and the lequirements bf the Garfield County
egulations.
shall construct and install at its own expense, those
strbclivisiorr irrrprovenrent related to Ukcle Acres, which are rcquirecl to be corrstructed by
Agreernent, tlre Final Plat, Garlleld County Zoning and
'Ihe estirnated cost o['conrpletion o1'the subdivision
I(esoltrtion 2000-038 thi
Subdivision l{egu lations.
irnprovenrents related to he Property is as set out and certified by a licensed engineer on
rents slrall be cornpleted within one year of the date of thisExhibit B. Such irnpro
date"). T'lre Owner shall cornply witlr.Agreement (the "complet
Exhibit A
7.
a. The final plat documents submitted prior to or at the time of final plat approval.
(Such documetrts are ittcorporated herein by reference and made a part of this
Agreerrrent).
b. All requirements of Resolution No. 2000-038 and all requirements of the Garfield
County Zoning Code and Garfield County Subdivision Regulations, as they relate
to Ukele Acres.
c. AIllaws, regulations, orders, and resolutions of Garfield County and affected
special districts, as the sarne apply to Ukele Acres.
d. All designs, maps, specifications, sketches and other materials submitted to and
approved by any of the above-stated governmental entities; and
e. The improvements to be constructed by Owner shall include, but are not limited to,
the following:
i. Construction of Esther Court, Katie Court, and ernergency access road as
indicated on the Final Plat and engineering drawings submitted;
ii. Constructiorr of the potable water and raw water distribution systems including
storage tanks, putltps, and distribution lines, as indicated on the Final Plat,
engineering drawings subrnitted.
iii. Extension of electrical and telephone service to seven of the nine lots of the
Property as indicated on the Final PIat and engineering drawings subnritted;
The County agrees that if all improvements are installed in accordance with the foregoing
provisions of this paragraph and the as-built drawings to be submitted upon completion of
tlte intprovements, thelt Owner shall be deemed to have satisfied all of the ternrs and
conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado.
Security for Improvements
a. Letter of Credit: On or before the date of recording of the FinalPlat for Ukele
Acres with the Garfield County Clerk and Recorder, the Owner shall deliver a
Letter of Credit or substitute collateral in a fornt acceptable to the County in the
amount of $130,271.00, which is the estimated cost of completion of the
subdivision intprovetttents relatecl to the Property, Iess that ;tol-tion already
completed or paid for, as set forth and certified by a licensed engineer on Exhibit B
(attached.) The Letter of Credit recluirecl by this agreernent shall be issued by a
state or ttational banking irrstitution acceptable to the County. l'lre Letter of Credit
Inust be valid for a ntininruttr of six (6) nronths beyond the cornpletion date, If the
time set forth herein for conrpletion of the irnprovements is extended by written
agreemeltt between tlte Owner and the County, the Letter of Credit shall similarly
2
b.
be extended. Additionally, should the Letter of Credit become void or
unenforceable for any reason, or should the costs of Completion exceed the
estinrate, Owlter sltall ttevertlreless rernain personally responsible for the
conrpletion of the subdivision inrprovenrents and shall prormptly provide a
replacemetrt Letter of Credit from another state or national banking institution or
otherwise provide alternative security acceptable to the County.
Partial releases of Letter of Credit: The County shall release portions of the Letter
of Credit as portions of the subdivision irrprovements are completed to the
satisfaction of the County. Certification of cornpletion of inrprovements adequate
to authorize the release of the security must be subrnitted by a licensed or
registered engineer. Such cer-tification authorizing release of security shall certily
that the improvements ltave been constructed in accordance with the requirements
of this agreement, including all final plat docurnents, and shall be stamped upon as-
built drawings by said professional engineer where applicable. Owner may also
request release lor a portiort of the security upon proof (i) that the Owner has a
valid contract with a public utility company regulated by the Colorado PUC that
obliges such utility company to install ceftain utility lines; and (ii) that Owner has
paid to such utility conrpany the cost of installation of such utilities required to be
paid by Owner under such a contract. Where the security is held to cover the
purcltase of a specific itenr such as a water tank, the Owner may sirnilarly request
partial release of security by certifying that the item has been delivered and by
submitting a bill for payntent fronr the provider of such an itenr.
Upon subntission of a certificate of completion of improvements by tlre Owner, the
County tttay iltspect and t'eview the inrprovernents certified as complete, to
detertnirte wltether or not said irnproverner.lts lrave been constructed in conrpliance
with the relevartt specifications. If the County determines that all or a portion of
tlte irnprovelnents certified as contplete are not in compliance with the relevant
specificatiotts, the County shall furnish a letter of potential deficiencies to the
Owner within l5 days specifuing which irnprovenrents are potentially deficient. If
no letter of potential deficiency is furnished within said l5 day period, all
improvements certified as complete shall be deenred accepted and the County shall
release the appropriate arnount of security as it relates to the improvenrents which
are cer-tified as conrplete. If a letter of potential deficiencies is issued wltich
identifies a portion of the certified improvements as potentially deficient, then all
improvements not so identified in the letter of potential deficiencies shall be
deented accepted arrd the County shall release the appropriate amount of security
as such relates to the certit'ied inrprovenrents that are not iderrtified as potentially
deficient in the letter.
With respect to any inrprovements certified as complete by the Owner that are
identified as potentially delicient in a letter of poterrtial deficiencies as provided in
this paragraph, tlte County shall have thirty (30) days form the date of the letter of
potential deficiencies to conrplete its investigation and provide written
'i-..
- ..iil tr
t,: ,;.i...
:
c.
d.
9.
confirmation of the deficiency to the Owner. If upon further investigation the
.
County finds that tfue improvetnents are acceptable, then appropriate security shall
be released to t6e Ownei within ten (10) days after conrpletion of such
investigation. ln the evetrt the inrprovementi are not accepted by the County' the
goarclitContnrissioners sltall Ittake a written finding prior to requesting payment
form the Letter of Creclit, Additionally, the County shall provide the owner a
reasonable period of tinre to cure arry deficiencies prior to requestirlg payment
frorn the Letter of Credit.
substitution of Letter of credit: The County may, at its sole option, permit the
owner to substitute collateral other than a Letter of credit acceptable to the
.
Coulty fior the purpose oIsecuring the conrpletion of the itllprovements required
in ternrs of this Agreemettt.
Recording of Final Plat: No Final Plat shall be recorded pursuarlt to this
Agreement until the Letter of Credit or acceptable substitute collateral described in
itii, ag...,trent has beett received and approved by the County'
il*';*'*;il;;; '.',in.Itl of 9::uPuncv shall be is:::lP::Y::Iil:':::t:,:t:,1'
ilil1"jffiil;;t;t" until alt subdivision improvements and water distributiort systents
tr;ffi;."*r.i.a and are operational, as iequired by this agreenletrt' Further' the
.r:- o--Lll.,l^i^alfi:Jffil;,:UJ il; ;* l;' ;;;;;,.yun"" or anl rot witrrin this Subdivision, it wirr
., l- - -.t l-^-^.^ -^riArino;ffi # ; i, ;';1 il ;",.' Ji i r,.t r
"
t a s i gn ed' c"o r :f : 1ll;.1 : 1, :, ::'::lf,:.*:::i ?.1; l ylJ::
ffiffi"ii,L'i'.,..roirrg rcsrrictions upo. isrrio,,". of br-rilclirrg yrerr,its attcl ccrtificates
School impact fees: The parties recognize and agree that the approval of the Final Plat
constitutes approval of 9 single farnily lots for u""o"t'ponding total of 9 dwelling units as
Iurt'er defi,etl i, the "ou.,',iu,,
strbrriitted during tlre Prelinririary Plan proceedings' The
parties agree t[at school inrpact fees sftall be $ZOO'OO per dwelling unit or such other
amount as nlay be establislr"a rry the county at tfte tirne of approval of the FinalPlat' The
Owler specificatly agrees tltat it is obtigatei to pay the sarne at the tirrte of recordation of
tle Fi.al plat, Sereiriaccepts that obligition, a,cl waives a'y claim that it is not so
obligated or."quir"iio poy sc.ool i,ri1io"i iees. It is noted t'at these fees have already
been paid at tlre tilne of it.,e signi,,g ofitris agreernent' The Owner agrees tfuat subsequent
to recording of the Filal Plat,llte Owner wiii not claitn, nor is tlte Owner entitled to' a
reimbursenrent of the school inrpact fees paid in conjunctiorr with this Subdivision
Improvements Agreement.
Issuance of building permits: As one remedy for breach of this agreement' the County may
withhold issuance of building permits fb; u;y structure within the Subdivision. Further, the
of occuPaltcY.
l0. Consent to vacate plat: In the event the Owner fails to comply with the terms of this
agreer,e.t, i,clucling tlre terttts oi'tl," Prelirninar-y Platt, as anrended, the County slrall have
the ability to vacate the final trlat as it pertains to lots for whiclt no building perlttits ltave
been issued. Any existing lots for which buildirrg perntits have been issued shall not be
ll.
vacated and the plat as to those lots shall rernain valid. The Owner shall provide a survey
and complete legal description with a rnap showing the location of a portion of the plat so
vacated.
Indemnity: To the extent allowed by law, the Owner agrees to indemnify and hold the
County harrnless and defbnd the County fi'orn all claims which may arise as a result of the
Owner's installation of the inrprovements required pursuant to this Agreement. However,
the Owner docs not inclerrrnily tlre Courrty for clainrs Itrade asscrting that the standards
inrposed by the County are intpl'oper or the cause of tlre injury asserted.
The County shall be required to noti$ the Owner of receipt of a notice of claim, or a
notice of intent to sue, and shall aftbrd the Owner the option of defendirlg any such claim
or action. Failure to notify and provide such written option to the Owner shall extinguish
the County's rights under this paragraph. Nothing herein stated shall be interpreted to
require Owner to indeninily the County frorn claims which may arise front the negligent
acts or omissions of the County or its employees.
Sale of lots: No lots within the proposed subdivision that is the subject of this Agreement
shall be conveyed prior to the recording of the Final Plat.
Enforcement: In addition to any rights which rnay be provided by Colorado statute, it is
rrrutually agreed that the County or any purchaser of a lot within tlre subdivision shall have
the authority to bring an action in the District Cor,rrt of Garfield County, Colorado, to
compel enforcement of this Agreement.
Binding effect: This Agreement shall be a covenarrt running with the title to each lot
within the Final Plat, and the rights and obligatiotts as contained herein shall be binding
upon and inrrre to the benefit of tlre Owtter, its successors and assigns.
Recording: Upon execution and authorization by the County, the Owner shall record this
Agreement with the Oflice of the Clerk and Recorder for Garfield County, Colorado.
Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or related to
this Agreement shall lie in the District Court for Garfield County, Colorado, and be
construed pursuant to the laws of the State of Colorado.
Amendnrent: The parties hereto agree that this Agreement nray be amended from tinre to
tinre, provided that such an anrenclnrcnt is in writing and sigrred by the parties.
t2.
13.
14.
15.
16.
t7.
18,Notice: AII notices required herein shall be tendered by personal service or certified mail
upon the foltowing individuals or agents of the parties to this Agreenrent.
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601 t-/'-
Owner:
Ronald W. and Jean M, Smith
31947 Highway 6
Silt, Colorado 81652
Copy to Owner's attorney:
Glenn D. Chadwick, Esq.
Beattie & Chadwick
710 Cooper Ave., Suite 200
Glenwood Springs, Colorado 81601
\-,
Dated this day of
RONALD W. AND JEAN M. SMITH
2000.
BOARD OF COUNTY
GARFIELD COUNT'Y.
COMISSIONERS
COLORADO
Chairrrtan
Attest:
Clerk to the Board
Ronald W. Snrith
SCIIEDULE OF EXHIBITS
TO
SUBDIVISION IMPROVEMENTS AGREEMENT
UKELE ACRES
A. (None)
B. Construction Costs
C. Form of Notice to Lot Purchasers Regarding Building Permits
( ,n[y Conthuottort C,
t'inal Revised llersion # 2
ttocrunentgl
Contract ir4ount,, 1,296.00., 4,256.00
$ 54,617.00
.t 5,296.00,f 7,296.00s 2,786.00
E 29,425.00
s I1,286.00
s 34,739.00
lv{onroe pumpt )
CaUrsqAmorut
,D 7,286.00
$ 5t,377.00
s 9,494.00
s 6,259.00
$ 21,447.00
$ 15,450.008 44r.00
8 3,290.00
$ 1,500.00
L_Lil5^AA
s 269,854.00
70%
70%
94 dpnc
o .lone
t00%
I8%
I0%
l0%
$ hill"d
I 1,296.00
I9,571.00.' s2s.00$ 728_00
$ 7,900.00
I24,454.00
I h'rlld
.r 6,557.00I 48,646.00
$ 9,019.00
E 5,632.00
$ 21,447.()0
$ t,500.00
$ 1,3 t.1.00
$ 139,593.00
l(5SCamtyno"aAg
RiIIe, Colo-radbgl(fr
Scott Sobke
Ukele Acres
Chlcrinating,System (
90%
90%
90%
90%
Mobilizttfion
Exhibir B
NOTICE RDGARDING BUILDING PERMITS
To: All purchasers of homesites within Ukele Acres Subdivision:
You are hereby notified that under applicable Garfield County regulation you may
not commence construction of a residence within unincorporated Garfield County
inclucling Ukele Acres prior to issuarrce of,a buildirrg pernrit by Garfield County.
Additionally, Garfield County shall issue no Certificates of Occupancy for
structures within the Property until all subdivision improvements, including ail
appropriate water facilities have been cornpleted and are operational in accordarrce witlr
the Subdivision Improvements Agreentent.
Exhibit C
a.
gTG\'EI{ I. BEATITE
'*^'27wv...rZrp_-
/
RE CEtVgg DEC 2 e ZO0U
BEATTIE & CHADWICK
ATTORNBiS ANO COUNSELORS AT TIW
7TO COOPER AVENUE, SUTTE 2@
GLENWOOD SPR!NG6, CO ATGOT
December 29,2000
Garfield County Board of County Comrnissioners
c/o Mark Bean
C#"fa County Building and Planning Department
lO9 Eighth Street
Glenwood SPrings, CO 81601
Re: Ukele Acres Subdivision
APPlication for Final Plat
Dear Mark
John Taufer submitted an Application for Final Plat for ukele Acres to the
County dated O"toU"i a, 2000, ", Uitu'fioio*""" Ronald W' Smith and Jean M' Smith'
This law nrr r.pr"rJntri[. Siritt s also. With this letter, we are submitting updated'
signed documents "ii nnun"ial security on behalf of the Smiths.
Enclosed are an original and four copies o{thlDeposit Agreement with Exhibits
Athroughp. rnis-rii;;fii; "r.,t.i*.i in John Taufer's final plat application.
Exhibit A to the Deposit Agreement ,, ih" Subdivision Improvements Agreement' which
reptaces the one in Mr. Taufer's packet'
Also enclosed is the original of the Subdivision Improvements Agreement for
signature bY the CountY'
Also,pleasefindenclosedtwochecksfromtheSmiths,lenderHKL,LLC'
payable to Garfield CountY:
o check No. 2 for $130,271.00, the amount of deposit to the county set
forth in the DePosit Agreement
ocheckNo.Sfor$l,3l5.0o,theamountoftheservicefeetothecountyset
forth in the DePosit Agreement'
It is the intent of the parties that the county wolld negotiate these checks upon
the County's approval and signatur. J,f'" Subdivision Improvements Agreement and the
DePosit'Agreement'
TELEPI{OiIE (gro) oa6{tta
F X(to)xt{7!
HAND DELTVEREI)
Garfield County Board of County Commissioners
do Mark Bean
December 29,2000
Page2
Finally, I enclose copies ofthe five other checks listed in Exhibit D to the Deposit
egr""r.;i;fiom fa1f ,LLt to the payees listed in the Exhibit' These checks will be
dis"bursed to the p"y."r upon the County's approval of the Subdivision Improvements
;;;;;ri -a tir"O"poiit Agr"".ent. fftiri County would like to hold the originals of
these checks, Please let me know'
We would most appreciate your office's prompt reylew of these materials' I am
ready and willing to meet with youi and/or the planner assigned to this-matter to go over
the documents, or to answer any questions from Don DeFord' Please let me know if you
have any questions.
Yours very trulY,
h*{,kY'v,
Enclosures
pc: Jean and Ronald Smith
John Taufer
Scott Sobke (HKL, LLC)
Allen Thulson
3
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OWNER:
PROPERTY:
DEPOSIT AGREEMENI.
JEAN M. SMITH and RONALD W. SMITH
UKELE ACRES SUBDIVISION
COUNTY OF GARFIELD
STATE OF COLORADO
This Agreement is entered into by and between JEAN M. SN{ITH and RONALD W.
SMITH (the "Owner"), the Smiths' lender H.K.L., LLC, a Colorado limited liability company (the
"Lender"), and THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COI-INTY,
COLORADO (the "County").
WHEREAS the Owner has agreed to construct certain public improvements
("Improvements") for Ukele Acres Subdivision (the "Property") in accordance with the
Subdivision Regulations of Garfield County, Colorado of 1984, as amended, and subject to a
Subdivision Improvements Agreement (the "SIA") for the property, a copy of which is attached
as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, the County has approved specific public improvements and an estimate of the
costs of the Improvements in the amount of $268,854.00 (the "Improvement Costs") which are
detailed o1the Contractor's Bid for Construction Costs for Ukele Acres Public Improvements
attached hereto as Exhibit B and incorporated herein by this reference; and
WI#REAS, the Owner has agreed to complete the installation of all public improvements
within one year from the date of the SIA; and
WHEREAS, Lender and Owner entered into a certain Loan Agreement dated June 9,
2000, which governs the disbursement of funds to Owner, a copy of which is attached hereto as
Exhibit C and incorporated herein by this reference, and
WHEREAS, the Improvements which Owner has agreed to ntake include road
connections to certain county roads; and
WHEREAS, prior to any payments hereunder, the Owner's engineer (the "Project
Engineer") shall certify that the work completed on the connections froln roads in Ukele Acres
Subdivision to County Road _ are in conformance with the Garfield County regulations and
the Subdivision Improvements Agreement, and
WHEREAS, the Owner's contractor Curly Construction Co., has completed construction
of a portion of the Improvements, and ordered materials, in the total anlount of $138,583.00 as
set f;rth in Exhibit D attached hereto arrd incorporated lrerein by this reference, which leaves
$130,271.00 of inrprovetnents still to be contpleted; and
Len..lq)-
WHEREAS, the Owner and the Lender desire to provide assurance to the County that the
Improvements will be completed regardless of a default by the Owner, by placing a cash deposit
with the County in the amount of $130,271.00 (the "lmprovement Funds"), and the County is
willing to accept such an assurance in lieu of requiring aletter of credit or other security for the
Improvement Costs; and
WHEREAS, in addition to the Improvement Funds cash deposit described above' the
Owner and Lende^hull d"porit with the bounty an additional one percent (1%) of the
I.prou...nt Funds in the amount of $1,315.86 (the "Seryice Fee"). /44'-4{' "
NOW THEREFORE, the parties agree as follows:a{^ffi""ffif=,
G Owner's Cash Deposit. The Owner agrees tnat it shallbe obligated in,1':otouo"";r*-
*itt tn$"r-, ffi,, Agreement to deposit with the barfield county Treasurer ("county ''<
Treasurer") the sumof $t:O,ZZl.00 upon signature of the Subdivision Improvements Agreement
;;#;;;;:,@'rr}", .o,",*.,ion of the Improvernents plus the Service Fee of $1,315'86' In
consideration of tr.,#.*i". r.. fayable to the iounty Treasurer, the county Treasurer shall
place the owner,s deposit in an interest-bearing account on belialf of owner, and disburse funds
therefrom in accordance with this Agreement. All interest shall be paid to Lender. such account
shallbe subject to the terms and conditions of this Agreernent.
df. ) Service Fee. The Service Fee shall pay for the County Treasurer's administrative
"ort, i*\dr."a inaffiffiing "ra accounting for the Improvernent Funds and Service Fee in
accordance with the tenns of this Agreement. The county's Service f ee shallle earned uDon
^'-^^.'+i^- ^f thic Aoreement --:\ ---ll+<utr rt<o-L.*
'l Ot"l /execution of this Agreement..-:\---Cl
t {-_s' - - -.* - -4^.e-._*r__<_ I
Disbursement Procedures. Owner's Improvenle'lt Fiindt stiatl be disbursed by the
CountyT,.u,u,.,fo@curredintheconstructionoftheIrrrprovementsfor
ukele Acres Subdivision as set forth in Exhibit B. Disbursenrents shall be nrade only in
accordance with the following procedures:
6) Draw Requests. Draws shall be requested by the owner and Lender
deliveffito tfr. County guilding and Plannirrg Department a written request for
disbursement on forms acceptabie to the Counly. iach such request shall be signed by the
.-ffiil-,n. p.oj.", Engineer. Tlre request shall certify: (i) all costs for which the draw
is being requested ilaue been incurred in connectio, with the construction of the
Improvements; (ii) all work performed and materials supplied are in.a.ccordance with the
plans and specifications submitted to and approved by the County; (iii) all work has been
performed in a workrnanlike ntanner; (iv) no funds are being requested for work not
completed, or for ''aterial not installei or stored on site; a*d (v) the Project Engineer has
inspected and approved the Improvemertts for which payment is requested and has
certified that all such improvenients ltave been constructed in conformance with the Plans
and Specifications approved with the SIA. Upol receipt of a draw request which
.orpii., with the signature and certification requirements set forth above, the County may
inspect and review the Improvements to whicS ih" d,.o* request relates' and shall' within
fifteen (15) days after having received the request' noti$rJhe owner by a letter indicatinr
-lf
3
potential deficiencies if the County determines that the request should not be approved as
io all or any portion of the work lor which payment is requested. If no letter of potential
deficiencie, i, d"lir"..d to Owner within such 15 day period, the draw request shall be
deemed approved by the county and shallbe prornptly presented to the Board of county
Comrnissioners for signature, such signature being a condition precedent to the
disbursement of improvement Funds by the county Treasurer.
b. Documentation and Lien Waivers. Each draw request submitted to the
County Building and Planning Department shall be accompanied by: (i) one original copy
of eacir Invoice to be paid; iii; disUursement requests drawn on the disbursement account'
made payable to the payee apd in the amount oieach invoice presented for p-ayment; (iii)
lien waivers in a form approred by the County prepared for signature by each-payee; and
(iv) postage paid "nu.lop",
addressed to each payee for the mailing of the disbursement
requests.
has been altered ol. n.,odifi"d or has not been returned to the County. The County shall
promptly notit/ the Owner \f any request fbr advance lt qny Pirtlorr thereofl'
" *-YJ<fr*-,,-
G I Disbursement. lf the County approves the draw request and payment of
the Coffi', p.ffi*u," ,trare, the Couniy rhult fo.th*ith provide written direction to
the county Treasurer to disburse payment for the invoiced atnount. Upon receipt of such
written direction, the County Treasurer shall wire transfer payment to the payee(s) for
credit to: [name of account, account #, name of bank, address and telephone number of
bank, and bank ABA number]. The county Treasurer stall not be obligated to make a
disbursement for the paymeniof an invoice if the County in good faith believes that: (i) the
work has not been .o,',",p1.t"d; (ii) the work has not been completed in a workmanlike
manner; (iii) written approual'has not been received from the Owner, Project Engineer or
the Couniy; or (iv) any'lien waiver relating to any prior disbursement to the same person
d. Default. The Owner shall be in default under thisAgreement if any act,
omissioi o, "u"nlo:"urs
which constitutes a default by Owner and such default is not
cured by Owner or if Owner fails to observe or perform any of the covenants' conditions
or prouisions of the SIA to be observed or performed by the Owner and such failure
"ontinu"s
for a period of ten (10) days aftei written notice thereof is given by the County
to the Owner, provided, however, ilthe nature of the Owner's default under the SIA is
such that more than ten (10) days are reasonably required for a cure of such default' then
the owner shall not be deemed io be in default if owner commences such cure within said
ten (10) day period and thereafter diligently prosecutes such cure to completion' After any
such notice ii given, the County Treasurer shall not disburse Improvemerrt Funds to or at
the direction of tfte Owper. Disbursements subsequent to any notificatiol of Default shall
be made only pursuatrt to and i1 accordance witft subsection 2 e', below'
Default If the ImProvementse.
are not completely a,rd satisfactorily constnrcted within one year frortt the date of the SIA
o. rpon any'default by Owner as defined above, the County Treasurer, upon wrttten
direction of county, shall immediately cease disbursernent of Improventent Funds to or at
the request of the Owner. Any undisbursed Improvement Funds shall thereafter be
advanced solely to or at the direction of the County for the completion of the
Improvements by such contractors as the County shall select. Thus, the County shall be
obiigated to complete the Improvements in accordance with the Plans and Specifications,
to the extent Improvement Funds are available, and to promptly pay the costs of
construction to the extent of the available funds'
with
Notwithstanainginy ptovision of this Agreement to the contrary, no funds shallbe
disbursed by the County unless disbursement is authorized by and consistent with the Loan
Agreement between Owner and Lender'
4. Remaining Improvement Funds. A-fter certification of completion of improvements
by the Owner, if tfr"toGtv a"torninesihat the improvements are not constructed in compliance
*ith rele,rant specifications, it shall furnish a letter of potential deficiencies to the Owner within
in.." ilsj;.r lr,n. letter is not furnished within fifteen (15) days, allimprovements certified
shallbe deemed accepted upon written direction of County, and the County Treasurer shall
release the appropriaie amount of security as such relates to the completed and certified
Improvemenir. ff u letter of potential deiciencies is furnished by the County, the County shall
have thirty (30) days to complete its investigation and provide written confirmation of the
deficiency to the owner. If upon further investigation the County finds that the improvements are
acceptable, then the rernaining flurrds together with accrued interest shall be released to the Lender
within ten ( 10) days after conipletion of such investigation. In the event the improvements are not
accepted by the Ctunty, the Board of Cornmissioners shall rnake a written finding prior to
requesting payment from the Deposit Agreement'
5. Waiver. Consent and Indemnity. The Owner consents to disbursements and other
actions authorized una pt*ia"a f* by the terms of this Agreement, Owner agrees that it will
defend, indemnity, and hold the County harmless from any claim made on account of this
Agreement and shall waive any claim against the County on account of the County's good faith
performance of its obligations under this Agreement'
6. Binding Effect. This Agreement shall be binding on the heirs, successors, receivers
and Assigns of at parties and shall terminate when the County has accepted the Improvements
and has recorded a release of the SIA.
7. Immunity. Nothing contained in this Agreement constitutes a waiver of the
County's sovereign immunity under applicable state law'
g. No partnership or Agency Created. The makirrg and executioll of this Agreement
shall not be deemed to create any partnei'ship, joint venture or other relationship between the
parties or any of t5er1, ancl no party shall be'deerned an agertt of any other parly because of this
Agreetnent or anything contained herein.
9.
County Clerk and Recorder.
This Agreelrent sftall be recorded ip the Office of the Garfield
10. Captions. The captions for the sections of this Agreement are included for
purposes of convenience only and shall not affect the construction or interpretation of any of Its
previsions.
I 1. Complete Agreement. This Agreement, including any exhibits or addenda,
constitutes the entire agreement between the County and the Owner pertaining to the method of
disbursernent of Improvement Funds and the County's obligation to disburse Improvement Funds
in the event of a default by the Owner. The parties acknowledge, however, that the County and
the Owner have entered into the SIA to which this Agreernent is attached. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing by all
parties.
12. Notices. Any notice permitted or required by this Agreement shall be given in
writing and shall be given by personal delivery, registered or certified mail, or by an express
delivery service. Notice shall be effective upon the date of delivery, or of attempted delivery if
delivery is refused.
The parties' addresses for notice shall be as follows:
County:Board OlCounty Commissioners of Garfield County
Garfield County Courthouse, Suite 300
109 8th Street
Glenwood Springs, CO 81601
Jean and Ronald Smith
31947Highway6&24
Silt, co 81652
Owner's attorney.
Glenn D. Chadwick
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81602
Owner:
With a copy to
Lender:H.K.L., LLC
c/o Scott Sobke
1023 Park West Drive
Glerrwood Springs, CO 81601
Lender's attorney:
John A. Thulson
Balcornb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
With a copy to
Any party may change its address for purposes of this paragraph by giving the other party written
notice of the new address In the manner set forth above.
13. Severability. In the event any part of this Agreement is found to be void, the
remaining provisions of this Agreement shall nevertheless be binding with the same effect as
though the void part was deleted.
DATED this _ day of ,2000.
BOARD OF COLTNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
By:
Title:
LENDER: H.K.L, LLC,' drrl 5//-'
Title: 7)lotaaBt t-
OWNERS:
JEAN M. SMITH
RONALD W. SMITH
Ronald W. Smith
6
SUBDIVISION
IMPROVEMENTS AGREEMENT
suBDryrsroN rMpRovEMENrs AGREEMENT / f )--
ukere Acres 1l'"t- v
rg-t la't-'4
ThisAgreementismadeandenteredintobyandbetweentheBoardofCounty
commission"rs orc".n"ia coun,y, s,ut"liioioi"ao (rrr" "county'y and Ronald w' smith and
Jean M. Smith (the "Owner")'
Introduction
l.owneristheowneranddeveloperofcertainrealpropertylocatedinGarfieldCounty,
Colorado, known as Ukele n.r.r'(tt ";'Property"j'
which real property is also known as
' Township o'S""f', nt nge 92Wej of the 6ih P'M Sections 4 and 9'
2.PreliminaryPlatapprovalfo.r.UkeleAcreswasobtainedunderthetermsandconditionsset
forth in County Resotution No' 2000-038'
3.ownerhassubmittedtotheCountyforitsapproval,finaldocumentsandaFinalPlatfor
Ukele Acres (the,,final ptut oo.rrn"nts"), and tur.ugr"J to complete.certain subdivision
improvements with respect," ,ir"'i"r.fJp*"nt, uff It ,nott partiiularly set out hereafter'
4.ThisAgreementconstitutestheSubdivisionlmprovementsAgreement(the,.SIA'')
required and inte'ded to secure the faithful "onr,*J,'i-* "na
i"nrtuttution of the subdivision
i-pro,r"mentsrequiredasaconditiontoFinalPlatapproval'
Agreement
The parties, for and in consideration of the premises and the following mutual covenants
and agreements, agree as follows:
5.Finalplatapproval:TheCountyherebyaccepts.andapprovestheFinalPlatofUkele
Acres, subject to the ,.r* u#.oJittns oithis agti!*t", tt *:ll. as the terms and
conditions of the preliminary pr"i"ppr";u ana tne leqrirements of the Garfield county
Zoning and Subdivision Regulations'
6.ownecsperformance:ownershallconstructandinstallatitsownexpense,those
subdivision improvement, t"t"i"J to Ukele a"'"'' *ti"fu'" t"quired to be constructed by
Resolution 2000-038 tti, egr".i.",, iir" FinalPiat, Garfield county.Zoning and
Subdivision Regulationr. Th;;il;i.d .or, of completion of the subdivision
irprou",i.nir-r-J",.a to the Property is as set 9"t "Ili certified by a licensed engineer on
Exhibit B. Such improveme"i, ,i',"ff te complet"i ;rA'g'st ZO' lOOt (the "completion
date')' The Owner shall comPlY with:
a. The final plat documents submitted prior to or at the time of final plat approval'
(Such documents ur. in.orporated herein by reference and made a part of this
Agreement).
b. All requirements of Resolution No. 2000-038 and all requirements of the Garfield
countyzorungcodeandcartetacountySubdivisionRegulations'astheyrelate
to Ukele Acres'
c. All laws, regulations, orders, and resolutions of Garfield county and affected
special districts, as the same apply to Ukele Acres'
d. All designs, maps, specifications, sketches and other materials submitted to and
upp.ou.? UV *V ofitre above-stated governmental entities; and
e'Theimprovementstobeconstructedbyownershallinclude,butarenotlimitedto,
the following:
i' Construction of Esther Court, Katie Court, and emergency access road as
indicated on the Final Plat and engineering drawings submitted;
ii. Construction of the potable water and raw water distribution systems including
storage tanks, pumps, and distribution lines, as indicated on the Final Plat'
engineering drawings submitted'
iii.Extensionofelectricalandtelephoneservicetosevenoftheninelotsofthe
P;p;rty as indicated on tt e Final Plat and engineering drawings submitted;
The county agrees that if all improvements are installed in accordance with the foregoing
provisions of this paragraph and the as-built drawings to be submitted upon completion of
the improvements, then Owner shall be deemed to hive satisfied all of the terms and
conditions oitt. 2oning and Subdivision Regulations of Garfield County' Colorado'
7. SecuritY for ImProvements
a. Letter of Credit: on or before the date of recording of theTinal Plat for Ukele
AcreswiththeGarfieldcountyclerkandRecorder,theownershalldelivera
LetterofCreditinaformu,."ptuut"totheCountyintheamounloftwo-hundred.
sixty-two-thousand dollars ($?62,000.00), which is the estimated cost of
.o*pi.r[n of the subdivisionG!6Grnents related to the Property as set forth
and certified by a ti..nr.J.rgineer on Exhibit B (attached,) fn9 Letter of Credit
required by this agreement sf,Iil Ue issued by a state or national banking institution
acceptable to the County. The Letter of Credit Must be valid for a minimum of six
(6) months beyond the completion date. If the time set forth herein for completion
of the improvements is extended by written agreement-utlY:."1the owner and the
County, the Letter of Credit strall simitarly be extended. Additionally, should the
be extended. Additionally, should the Letter of Credit become void or
unenforceable for
"ny
r.uron, or should the costs of Completion exceed the
estimate, Owner shail nevertheless remain personally responsible for the
completion of the subdivision improvements and shall promptly provide a
replacement Letter of Credit from another state or national banking institution or
otherwise provide alternative security acceptable to the County'
partial releases of Letter of Credit: The County shall release portions of the Letter
of Credit as portions of the subdivision improvements are completed to the
satisfaction of tn. County. Certification of completion of improvements adequate
to authorize the release of the security must be submitted by a licensed or
registered engineer. Such certification authorizing release of security shall certi$
that the improvements have been constructed in accordance with the requirements
of this agreement, including all final plat documents, and shall be stamped upon as-
built dr;ings by said professional engineer where applicable. Owner may also
request release for a portion of the security upon proof (i) that the Owner has a
vaid contract with a public utility conlpany regulated by the Colorado PUC that
obliges such utility.orpuny to install certain utility lines; and (ii) that Owner has
paiJto such utility company the cost of installation of such utilities required to be
paid by Owner under such a contract. Where the security is held to cover the
purchise of a specific item such as a water tank, the Owner may similarly request
partial release of security by certifying that the itern lras been delivered and by
submitting a bill for payment from the provider of such an item.
Upon submission of a certificate of completion of imProvements by the Owner, the
County may inspect and review the improvements certified as complete, to
determine whether or not said improvements have been constructed in compliance
with the relevant specifications. If the County determines that all or a portion of
the improvements certified as complete are not in compliance with the relevant
specifications, the County shall furnish a letter of potential deficiencies to the
Owner within 15 days splcifying which improvements are potentially deficient- If
no letter of potential d.fi.i"n"y is furnished within said l5 day period, all
improvements certified as complete shall be deemed accepted and the County shall
release the appropriate amounl of security as it relates to the improvements which
are certified as complete. If a letter of potential deficiencies is issued which
identifies a portion of tn. certified improvements as potentially deficient, then all
improvements not so identified in the letter of potential deficiencies shall be
deemed accepted and the County shall release the appropriate amount of security
as suoh relates to the certified improvements that are not identified as potentially
deficient in the letter.
With respect to any improvements certified as complete by the Owner that are
identified as poten;ially deficient in a letter of potential deficiencies as provided in
this paragraph, the County shall have thirty (30) days form the date of the letter of
potential deficiencies to complete its investigation and provide written
8.
confirmation of the deficiency to the owner. If upon further investigation the
county finds that t6e inrprov"."niJ"r" "l""pt"uit,
then appropriate security shall
be released,rit," o*n", within,"n 1iO; days after completion of such
investigatiorr. i,', if* evcttt tltc intpro'c'''ic,ti are not acccptcd by tlrc County' tlre
Board of Commissioners ,fruff *ltl u *titt"n finding prior to requesting payment
form the l_",,., "icredit.
Addition.r&, the.county *dl0r"11::1"_Y"t "
reasonable period of tinre .o .u," unv,d"fi"i"nci"s prior to requesting payment
from the Letter of Credit'
c.SubstitutionofletterofCredit:TheCountyma},atitssoleoption,permitthe
owner to substitute collateral ",rr.tii"" u i"tt"t of Credit acceptable to the
County for the purpose orr".urin! tt..o*pt"tion of the improvements required
in terms of this Agreement'
d.RecordingofFinalPlat:NoFinalPlatshallberecordedpursuanttothis
Agreement ;"1i1 ;h. Letter of Cr.ait or acceptable substitute collateral described in
this Agreernlnt t,u, u..n received and approved by the county'
School impact fees: The parties lecg.Snize
and agree that the approval of the Final Plat
constitutes approval of 9 single family l"; f;; uio""'ponding iotal of 9 dwelling units as
further defined in ,i.," lor"nints subnii,,J ar.i"g the prelirniriary pran proceedings' The
parties agree rrru, ,rrroor i*pu", f.."r r]r;ll ;" szo'o.oo per dwelling unit or such other
amount as may be established by the g"r.i, "i,n" time of approval of the Final Plat' The
owner specifically agrees that-it i, ourigui"d to pay tt " ,u*Jut the time of recordation of
the Final plat, herein accepts that oblig;;on, und waives any clainr that it is not so
obligated o, ,"qrir.ii" ,1, ,.t ""f i*-Juti'ft"t'-rt it noted ihat these fees have alreadv
been paid at the til;;;;# signing "fil;;;;;"rn"11
rhe owner asrees that subsequent
to recording of theFinalPlat,--the O** *iit not claim' nor is the Owner entitled to' a
reimbursement of il;-J*ol impact f;; p.i; in conjunction with this Subdivision
ImProvements Agreement'
Issuance of building permits: As one remedy for breach of this agreement' the County may
withhold issuance of building permits il-;, r*cture within thl suudivision. Further, the
parties agree that ; certificitf of o."upui" shall be issued for any building or structure
within the SubdivisL" r",l all subdivision improrements and water distribution systems
have been.orpf.[a-unJ ,r. op.r.tion.l, as required by this agreement' Further' the
owner herein agrees that prior to the ;;;.;;" "lyl tot *ilt''in this Subdivision' it will
provide to the pu."hur", of that r", " ig,r"i""pv "rr.rribit
c attached hereto' notifying
the owner of the foregoing restriction"s i;;; i.ruun". of building perrnits and certificates
ofoccuPancY.
Consenttovacateplat:Intheeve.nttheownerfailstocomplywiththetermsofthis
agreement, in"rriilg irr" ,"r11 of the preliminary Plan, as arnentled, the county shall have
the ability,o ,u"ui.it. nnA ptar as t;;;r,*1;t"-:*l which no building permits have
been issued. Ahy existing lots for whici building permits have been issued shall not be
9.
t0.
I l.
vacatedandtheplatastothoselotsshallremainvalid.Theownershallprovideasurvey
and complete legal description with a map showing the location of a portion of the plat so
vacated.
Indemnity: To the extent allowed by law, the owner agrees. to indemnify and hold the
CountyharmlessanddefendtheCountyf.murrclairn-swhichmayariseasaresultofthe
Owner's installation of the improvements required pursuant to this Agreement' However'
the Owner does not indemnify the Couniy for claims made.asserting that the standards
irnposed by the county are improper or tite cause of the injury asserted.
The county shall be required to notify the owner of receipt of a notice of claim' or a
notice of intent to sue, and shall afford,t" O*n"t the option of defending any such claim
or action. Failure to notify and provide such written option to the Owner shall extinguish
the county,s rights under"this purugrupt . Nothing herein stated shall be interpreted to
require Owner to indemnify the County from clai-ims which may arise from the negligent
u"t, o, omissions of the County or its employees'
Sale of lots: No lots within the proposed subdivision that is the subject of this Agreement
,t utf U. conveyed prior to the recording of the Final Plat'
Enforcement: In addition to any rights which may be provided by colorado statute' it is
mutually agreed that the County or any pur"t ut"i of 1l1t within the subdivision shall have
the authority to bring an action in the District Court of Garheld County, Colorado' to
compel enforcement of this Agreement'
Binding efilect: This Agreement shall be a covenant running with the title to each lot
within the Final Plat, and the rights and obligations as contained herein shall be binding
upon and inure to the benefit of the owner, its successors and assigns'
Recording: Upon execution and authori2ation by the County' the Owner shall record this
egr""*.i *iir, tffi;;;i;heterk and Recorder for Gartreld countv, colorado'
Venue and jurisdiction. venue and jurisdiction for any cause arising out of or related to
thisAgreementshalllieintheDistrictCourtforGarfieldCounty'Colorado'andbe
constrired pursuant to the laws of the State of Colorado'
Amendment: The parties hereto agree that this Agreement may be amended from time to
time, providea tnat such an amendment is in writing and signed by the parties'
t2.
13.
14.
15.
16.
t7.
Dated this
-
daY of
RONALD W. A}ID JEA}I M. SMITH
nonuia w. Smith
Jean M. Smith
2000.
BOARD OF COIINTY COMISSIONERS
CANTTEIP COUNTY' COLORADO
18.Notice: All notices required herein shall be tendered by personal service or certified mail
upon the following individuals or agents of the parties to this Agreement'
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood SPrings, CO 81601
Ronald W. and Jean M' Smith
31947 HighwaY 6
Silt, Colorado 81652
Glenn D. Chadwick, Esq'
Beattie & Chadwick
710 CooPer Ave'
Ct.n*ooa SPrings, Colorado 81601
6
Chairman
Attest:
Cl.rti to the Board
DEPOSIT AGREEMENT
OWNER:
PROPERTY:
ThisAgreementisenteredintobyandbetweenJEANM.SMITHandRoNALDw.
SMITH (the..owner,,), the s*t,^l::d", rt.r l- , LLC, a Colorado limited liability company (the
..Lender,,), and rlIE dbARD oF col-rNrv cor"nynssloNERs OF GARFIELD COLTNTY'
COLORADO (the "County'')'
*HEREAS the owner has agreed to construct certain public improvements
(..Improvements,,) ro, ur..r. Acres Subdi,ision (the..Pro-pe!/ ) in accordance with the
Subdivision nrgutution, of Garfield C;;,;:a"iJl.9" of tgti+' as amended' and subject to a
Subdivision Improvements Agreem.nt (,r,.lsrA') for the property, a copy of which is attached
as Exhibit A hereto;;;6"rated herein by this reference; and
WHEREAS, the county has approved specific public improvements and an estimate of the
costs of the Improvements in the urnouni of SZU',9q lihe "Impiovement Costs") which are
detailed on the Contractor's Bid no' Con'i'-t-,-,*.' fot Utttte Acres Public Improvements
attached hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS,theownerhasagreedtocompletetheinstallationofallpublicimprovements
within one year from the date of the SIA; and
WHEREAS,LenderandownerenteredintoacertainLoanAgreementdatedJune9,
2000, which gover,s the disbursement of funds to owner, a copy of which is attached hereto as
Exhibit C and incorporated herein by this reference; and
WHEREAS,thelmprovementswhichownerhasagreedtomakeincluderoad
connections to certain county roads' and
WHEREAS, prior to any payments hereunder, the owner,s engineer (the..Project
Engineer") shall certi! thatthe work.completed on the.c.onnections from roads in ukele Acres
Subdivision to county Road 22g ur. in lonro*ance with the Garfield county regulations and the
Subdivision Improvements Agreement; and
WHEREAS, tlre owner,s contractor Curly Construction Co., ltas cotrtnlenced and
completed a portion of the Impro,ements h.,",nd", in the amount of approximately $ 100,000 as
set forth in Exhibit D attached hereto unJ in"orporated herein by this ,"f"r"n"", which work has
been inspected by the Project rngin".i,'*r'ittt rluutt $ 162'000 tf i'pto'"ments still to be
rr*pr.ila (the ":Remaining Improvements"' and
DEPOSIT AGREEMENT
JEAII M. SMITH and RONALD W' SMITH
UKELE ACRES SUBDIVISION
COI.INTY OF GARFIELD
STATE OF COLORADO
l-"C\YT /-V ()r p)'L/d
WHEREAS,theCountyhasapprovedtheprojectlmprovementsthathavebeen
completed to date as listed in Exhibit D; and
WHEREAS, the Owner and the Lender desire to provide assurance to the County that the
Remaining Improvements will be compreted regardless oi a default by the owner, by placing a
cash deposit with the County in the amount ofitOZ,000 (he "Improvement Funds")' and the
county is willing to accept such an assurance in lieu of requiring u lttttt of credit or other security
for the ImProvement Costs, and
WHEREAS,inadditiontothelmprovementFundscashdepositdescribedabove'the
Owner una Lrna.r rhull d.porit with the bounty an additional one percent (l%) of the
irpror.*.nt Funds in the amount of $1,620 (the "service Fee"). /// \ 00O
NOW TIIEREFORE, the parties agree as follows: / )"6')- I v v -
l. Owner's Cash Deposit. The Owner agrees that it shall be obligated in accordance
with the terms of this Agreement to deposit with thebarfield county Treasurer ("county
Treasurer,') tt,. ,urn of-lt62..ooo,.i*ultun"ourly with recordation of the Final Plat for the
Property, to pay for co,itrurtioiif tn.Improvements plus the Service Fee' In consideration of
the Service Fee payable to the County Treasurer, the County Treasurer shall place the Owner's
deposit in an interest-bearing account on behalf of tender.
'Such
account shallbe subject to the
terms and conditions of this Agreement'
2. Service Fee. The Service Fee shall pay for the County Treasurer's administrative
costs incurred in distributing and accounting for the Improvement Funds and Service Fee in
accordance with the terms of this Agreemelt. The county's Service Fee shall be earned upon
execution of this Agreement'
3. Disbursement procedures. Owner's Improvement Funds shall be disbursed by the
County tr.urur., foiffi.r,t of *J, incurred in the construction of the Remaining
Improvements for ut.t. e.r.s Subdivision as set forth in Exhibit B. Disbursements shall be
maie only in accordance with the following procedures:
a. Draw Requests. Draws shall be requested by the owner delivering to the
County Building and Planning Department a writtCn request for disbursement on forms
acceptable to the County. nu.t tr.f, request shall be signed by the Owner and the Project
Engineer. The request shall certify: (i) ail costs for which the draw is being requested
have been incurred in connection with the construction of the Improvements; (ii) all work
performedandmaterialssuppliedareinaccordancewiththeplansandspecifications
submitted to ond approved'by tl.|e Cotrnty; (iii) all work has been perfornted in a
workmanlike manner, (iv) no funds are being requested for work not completed' or for
materiat not installed or stored on site; and (-v1 the Project Engineer has inspected and
approved the Improvements for which puy*"nt is reqrlested and has certified that all such
improvements have been constructed in ctnformancewith the Ptans and Specifications
approved with the SIA. Upon receipt of a draw request which complies with the signature
and certification requirements set forth above, the iounty may inspect and review the
-)\
Improvements to which the draw request relates, and shall, within fifteen (15) days after
having received the request, noti$/ th, ;;;iv u r"tttt indicating potential deficiencies if
theCountydeterminesthattherequestshouldnotbeapprovedastoalloranyportionof
the work for which payment Is requestei.- ir no tetter oi potential deficiencies is delivered
to owner within such i 5 day perioa, ,r," aru* ,.qu"tt snatt ue deemed approved by the
county and shall be promptly presente.d.to it "
gourd of county commissioners for
signature, such signature being a conaitioi fttttatnt to the disbursement of improvement
Funds bY the CountY Treasurer'
b. ' Each draw'requet':Y!*ltlt-9 to the
County Building anf Planning Department shall be accompanied-by: (i) one original copy
of each Invoice to be paid; (ii) disburse*"nt ttq"sts drawn on the disbursement account'
made payable to the payee and in tt l u*o.,ni ti "utr''
invoice presented for payment; (iii)
lien waivers in a form approved by the ;;;;p;.pared for signature by each payee; and
(iv) postage paid envelopes addressed ,I"*"-ri puv"" for the mailing of the disbursement
requests.
c'Disbursement.IftheCountyapprov^esthe.drawrequestandpaymentof
the county,, propoilJnuilrhare, the iffiy ;illi forthwith provide written direction to
the county Treasurer to disburse puy-* ror the invoiced amount. upon receipt of such
written direction, the County fr.urur"'-'iufi*it" transfer payment to the payee(s) for
credit to: [name "i..."*r,'acco,tnt
#: ;; oiuunt' addiess and telephone nunrber of
bank, and bank ABI-"r*uLrf Th" c";;tr1;.;ry.;t stall not be obligated to make a
disbursement for the payment of an i"tJ"Jptne County in good faith believes that: (i) the
work has not been completed; (ii) the work has not been coipleted in a workmanlike
manner; (iii) written approval nas not.Uein received fi'om the b*n"t' Project Engineer or
the county; or (iv) uny li"n waiver ,"tuting to any prior disbursement to the same person
has been altered or modified or has ,.i'uJ"" ttt"nta to the County' The County shall
promptlynotifytheownerifanyrequestforadvanceoranyportionthereof,isnot
approved bY the CountY'
d'Default.TheownershallbeindefaultunderthisAgreementifanyact,
omission or event occurs which constitutes a default by owner and such default is not
cured by owner or if owner fails to ou,t*t or perform any of the covenants' conditions
or provisions of the SIA to be obseruJ o. p"rro*ed by the owner and such failure
continues for a period of ten (ro) davs an., *ritt.n notice thereof is given by the County
to the owner; provided, however, itti. nutrre of the owner's default under the SIA is
such that more than ten (10) auy, u'"-t"asonably required for a cure of such default' then
the Owner shall not be deemed to be in default if O*nt' commences such cure within said
ten (10) auy p"rio"Juna,n"r"uter diligently prosecut.es.such cure to conrpletion' After any
such notice is given, the County fr.ui-*""'hall not disburse Improvement Funds to or at
the direction of the owner. Disbursements subsequent to any notification of Default shall
bemadeonlypursuanttoandinaccordancewitlrsubsection2.e.'below
I f the InrProveltletlts
are not lo,nr,., hin one frt no* the date of the SIA
or upon any default by Owner as defined above, the County Treasurer, upon written
direction of County, shall immediately cease disbursement of Improvement Funds to or at
the request of the Owner. Any undisbursed Improvement Funds shall thereafter be
advanced solely to or at the direction of the County for the completion of the
Improvements by such contractors as the County shall select. Thus, the County shall be
obligated to complete the Improvements in accordance with the Plans and Specifications,
to the extent Improvement Funds are available, and to promptly pay the costs of
construction to the extent of the availatrle funds.
f. Disbursements Only in Accordance with Loan Agreement.
Notwithstanding any provision of this Agreement to the contrary, no funds shall be
disbursed by the County unless disbursement is authorized by and consistent with the Loan
Agreement between Owner and Lender.
4. Remaining Improvement Funds. After certification of completion of improvements
by the Owner, if the County determines that the improvements are not constructed in compliance
with relevant specifications, it shall furnish a letter of potential deficiencies to the Owner within
fifteen (15) days. If the letteris not furnished within fifteen (15) days, all improvements certified
shall be deemed accepted upon written direction of County, and the County Treasurer shall
release the appropriate amount of security as such relates to the completed and certified
Improvements. If a letter of potentialdeficiencies is furnished by the County, the County shall
have thirty (30) days to complete its investigation and provide written conlirmation of the
deficiency to the Owner. If upon further investigation the County finds that the inrproventents are
acceptable, then the remaining funds together with accrued interest shall be released to the Owner
within ten (10) days after completion of such investigation. In the event the improvements are not
accepted by the County, the Board of Commissioners shall make a written finding prior to
requesting payment from the Deposit Agreement.
5. Waiver. Consent and Indemnity. The Owner.onr.ni, to disbursements and other
actions authorized and provided for by the terms of this Agreement, Owner agrees that it will
defend, indemnity, and hold the County harmless from any claim made on account of this
Agreement and shall waive any claim against the County on account of the County's good faith
performance of its obligations under this Agreement.
6. Binding Effect. This Agreement shall be binding on the heirs, successors, receivers
and Assigns of allparties and shall terminate when the County has accepted the Improvements
and has recorded a release of the SIA.
7. Immunity. Nothing contained in this Agreement constitutes a waiver of the
County's sovereign immunity under applicable state law.
8. No Partnership or Agency Created. The making and execution of this Agreement
shall not be deemed to create any partnership, joint venture or other relationship between the
parties or any of them, and no party shall be deemed an agent of any other party because of this
Agreement or anything contained herein.
9. Recordation. This Agreement shall be recorded in the Office of the Garfield
County Clerk and Recorder.
10. Captions. The captions for the sections of this Agreement are included for
purposes of convenience only and shall not affect the construction or interpretation of any of Its
previsions.
I l. Complete Agreement This Agreement, including any exhibits or addenda,
constitutes the entire agreement between the County and the Owner pertaining to the method of
disbursement of Improvement Funds and the County's obligation to disburse [mprovement Funds
in the event of a default by the Owner. The parties acknowledge, however, that the County and
the Owner have entered into the SIA to which this Agreement is attached. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing by all
parties.
12. Notices. Any notice permitted or required by this Agreement shall be given in
writing and shall be given by personal delivery, registered or certified mail, or by an express
delivery service. Notice shall be effective upon the date of delivery, or of attempted delivery if
delivery is refused.
The parties'
County:
addresses for notice shall be as follows:
Owner:
With a copy to:
Lender:
Board Of County Commissioners of Garfield County
Garfield County Courthouse, Suite 300
109 8th Street
Glenwood Springs, CO 81601
Jean and Ronald Smith
31947 Highway 6&24
Silt, CO 81652
Glenn D. Chadwick
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
H.K.L., LLC
c/o Scott Sobke
1023 Park West Drive
Glenwood Springs, CO 81601
John A. Thulson
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
With a copy to:
Any party may change its address for purposes of this paragraph by giving the other party written
notice of the new address In the manner set forth above.
13. Severability. In the event any part of this Agreement is found to be void, the
remaining provisions of this.Agreement shall nevertheless be binding with the same effect as
though the void part was deleted.
DATED this day of 2000.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
kY:k*-/r
By:
Title:
H.K.L, LLC
By:
Title:
JEAN M. SMITH
Jean M. Smith
RONALD W. SMITH
Ronald W. Smith
LIST OF E)GIIBITS
A. Subdivision Improvements Agreement
B. Contractor's Bid for Construction Cost of Improvements
C. Loan Agreement between Smith and H.K.L., LLC
D. Contractor's Statement of Work Completed as of October 30, 2000
6
PRELIMINARY COST BSTTMATE
OF SUBDIVISTON IMPROVEMENTS
DEC-08_2OOO FRI 12:04 PIl BEATTIE AND CHADI,IICK
L2.A?-AAM 11:42RN FROF RPE
970 945 8671
TO
I
P, 04945U6'/1 tt.vl
:
Cunty Contt''uatio n C o'
BARRY'IV{*H l"{p"g tffffiffiffiiii..cs,$u7 -ffi
;\ fr /1"t,
Wfr*',! ,(fi
DOC(JMEI'IT "A" 1, ,u'' /tl
-rtr *4 l-/t-uheleActes
sePt' l4'#'; Lrl
Roqd qnd Mchillzatian $ 3,000'00
I 6'000'00
Fqther Cotrt 8 6i'000'00
Eruersenql,cca,;t '8 7'000'00
fank kcefrf-Boad $ 9,000'00
Well Rosd $ 8,000'00
EourM S 4,500'oo
Two-Tailbv.
(l) 20,000 gallons, (l) 5,400 gallons $ 40'000'00
O.ne Well.House $ 1i,000'00
he P4W ryowe S 12,000'00
ParyN,and Q!ilorinatirlg Sy$em 8 24'000'00
rxcAvAl,ION AI{D Slt wonr
I
BEATTIE AND OHADI]CN 970 945 867lDTU-UU-2UUU I"RI 12r04 PH
$ 256,000.00
\
ErctvATION IND 8ril woRr
4r4tu1.1F \
CERTTFICATION OF TAXES DUE
.)
Report Date: 0812412000 12:06PM GARFIELD COTJNTY TREASIJRER
CERTIFICATE OF TAXES DIIE
Page: I
CERT #z 20002675
SCHEDULE NO: R200422
ASSESSED TO:
SMITH, RONALD W. & JEAN M.
31947 HIGHWAY 6
SILT, CO 8t652-9760
ORDER NO:
VENDOR NO:
JOHN L, TAUFER & ASSOCIATES
LEGAL DESCRIPTION:
SECT,TWN,RNG:4-6-92 DESC: ALL THAT PT OF SWSW LYING S OF THE LOWER CACTUS DESC: OF
vALLEY DITCH CONT 17.37A. IN SEC 9 A TR OF LAND DESC: IN LOT 2 CONT 11.14A. BEING ALL OF
LOT 2 LYING N DESC: 6 &24 N ROW LINE. BK:O168 PG:0373 BK:0505 PG:0956 BK:0511 PG:0294
BK:0757 PG:0576 BK:0760 PG:0308 BK:0760 PG:0306 BK:0870 PG:0727
PARCEL:2t79M300331 SITUS ADD:031947 6 &24 HWY SILT
TAXYEAR CHARGE
TOTAL TAXES
TAX AMOTJNT INT AMOI.]NT ADV,PEN,MISC TOTAL DI.]E
0.00
TAX YEAR ASSESSMENT
TOTAL ASMT
ASMT AMOI.INT INT AMOI.INT ADV,PEN,MISC TOTAL DT]E
0.00
TAX YEAR TAX LIEN SALE
TOTAL STATEMENT
GRAND TOTAL DTIE AS OF
TLS AMOT]NT INT AMOUNT REDEMPI FEE
08t24t2000
TOTAL DIIE
0.00
0.00
ORIGINAL TAX BILLING FOR T999
Authority
GARFIELD COUNTY
BURNING MOT]NTAIN FIRE PR
COLORADO RTVER WATER C
SILT WATER CONSERVANCY
GRAND RTVER HOSPITAL DIS
SCHOOL DISTRICT RE-2
COLORADO MOI.INTAIN COLL
TAX DISTRICT O2O - 2HC.SF
Mill Levy
8.812
4.125
0.282
1.166
5.597
27.965
3.65s
Amount
345.26
161.62
11.05
45.68
219.29
1,095.67
143.20
Values
Land
Exempt
Improve
Total
Actual
16760
0
332620
349380
Assessed
4860
0
34320
39180
56.445 2,211.52 - TAXES FOR 1999
rBn ron-rruscnflrmcarr 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 0I-JAN-97,
REAL PROPERTY - SEPTEMBER I. TAX LIEN SALE R.EDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTzuCTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number, personal property axes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount oftaxes due upon the above described parcels ofreal property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as notd herein. In witness whereof, I have hereunto set my hand and 24th day of August, 2000
TREAST]RER, GARFIELD COLINTY, GEORGIA CHAMBERLAIN, BY
P. O. Box 1069
Glenwood Springs, CO 8f602-1069
(970\ 94s-6382
i
CONSENT TO VACATION OF PLAT
Consent to Vacation of Plat
Ronald W. and Jean M. Smith as owner of certain real property located in Garfield
County, Colorado, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and pursuant to the Subdivision Improvements
Agreement, dated the _ day of 2000 between Ronald W. and
Jean M. Smith and the Board of County Commissioners of Garfield County, Colorado,
whichAgreement,providedinteralia,thatifaletterofcreditissuedby-
for the construction of subdivision improvements in a form acceptable to Garfield County
has not been delivered on or before __, the subdivision plat of Ukele Acres
shall be vacated in its entirety. By this instrument delivered to the County of Garfield by
the aforesaid , the consent of the undersigned is hereby given to the
filing of such instruments of vacation that the County may deem proper or advisable.
Dated this ZIL auv or /
/{e*, ' , ')ooo.
EVIDENCE OF LEGAL WATER SUPPLY
WEST DIVIDE WATER CONSERVANCY DISTRICT
r24 WEST THIRD STREET
P. o. BOX 147E
RIFLE, C0LORADO 81650-1478
TELEPHoNE AND FAx (970) 62s-s46r
Olllccts
Pr6idcnt 87(-2821
Kcll-v CoucY
47.15 c.R.3l5
Silt- CO 81652
Vicc Presidcflt
Sarnucl B' Potrcr
0598 C.R. 123
Riflc. CO 81650
Trcasurer/Altcmatc Sec'
LaVeme Surbuck
3106 C. R. 342
siL co E1652
Sccraar.v
WiUiam M. ZiID
0090 Sunltght Dr'
Glcnwood SPrings' CO 8l6tlt
January 27,2000
Boatd of DiEciors
Ket! CoucY
4745 C. R- 315
Silt CO 81652
Williarn M. Zibn
0090 Sunlight Dr'
Gknuood SPrings. CO El60l
LaVcmc Starbuck
3106 c.R 342
Silt CO 81652
Robert J' Zanella
l0? virginb Rd
Glcnuiood SPrings' CO 81601
Samuel B. Potrcr
0598 C.R 323
Rillc. CO t1650
Jean Smith
3194 Highwa1 6 &24
Silt, CO 81652
Dear Ms. Smith:
Encrosed is yo,r approved apprication to amend contract #95081sJS(a) from 2 acre feet to 11 acre
feet.
you will note a couple of changes made by the Boar{ of Directors to your application' when
contracting for augmentation wate, ;;*'w.st Divide orrtsia. use is automatically available,
rherefore, under Disuiption of Us: O,iibO t+ t "t.1")' * garden irrigation for each (11)
dweliings,, was adied, Lo *a., rypi'oi urirr;.o,uririrrg" was-added as the Board requires a
totalizing flow meter'
If you have any questions' please do not hesitate to contact me'
SincerelY Yours,
Administrative Assistant
Enclosure
cc The State Division of Water Resources w/enclosure
Division No' 5 Water Resources #enclosure
[.*' D' Sundeen' Hydrologist #enclosure
John L. Taufer' w/enclosue
9=o.,^,* m*{Ae".k-
(J*r"t Maddock
Current ll29l98T',
APPLfCATION AND DATA FORM TO AI,IEI{D
WATER ALLOIITVIENT CONTRACT WITH
WEST DIVIDE WATER CONSERVAIVCY DISTRICT
ConLract No. 950815JS( a)
Map ID No. 198
Date Activated LO /25 /95
A. F. TOCOICIRACT # 9508 15JS(a) AI'IENDED FROM
APPI.ICAI T
2.O
Jean M. Smith
Mailing Address 7Hwv6
NA
Telephone Nuniber
Authorized Agent
97O /876-22oLor Representat,ive John Taufer
WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR
Name of Right NA
T)6pe of Structure or Right Well
i6-cation of Point of Diversion (description frgm- declee qr permit,)
rrlwr Nw+, s"cti on q. tOS.
-i6rW.-6l['Fffi.
,
--Z0O' f rom North fine
Water Court Case No.Well Permit No.
(Attach copy of Permit)
IMTENDED USE OF LEASED WATER
Locat.j.on of Area of Use (Includ.e metes and bounds legal descript,icin of
prope:try 3" *3+:.L y1:^", :iglt, *".8: Rfi*'Rfig: t?{r?".""btrXgt"gt^tr Jtidribit)I g 1ot subdivision lving-in:th9 NlJt- Nlit, Settion 9 and swi sw?
Qantinn 1, T5S- R92W. 6t
Total acreage of above-referenced parcel
Ad,dress of above-referenced property Same as Aoplicant
'24.6
B.
Descript,ion of Use de 9 sin le famil homes uj-tn
ct r nfr H q{r ort
R.o-\-\C,, ) tlure\,.r1 .
Number of VacanE Lots 7
r^r^-|a tr?ala* rFr6a{-manl q.roto- qo.ti " f ank leaChf ieldwaste-waterTreatmentsystem SeDtic !?tk leachtierd === , ,,===,TEd.
'Fi'*^ ar malar ^r mai<!r.,-l .., dcrzi r.a Tn-1ine f 1or.l meter wiII be ansEarT)pe of meter or measuring device In-l i+e flov meter wrtt oe rnsuarreu
-T-o*c.-\ t z-i n1
ProjecEed MonChly Volume of Leased Watrer Needed in Gallons:
rrrrsr FIGI'RES ARB X AErtIAT. DT\IERSIONS OR CONSI'I{PTilIB USB ONLY
(Actual diversions must be used unless contractee has an a-ugQenJation plan)
Tan n,la 1t,, Fah )QR 7L2 Mar 298.742.fan. ?q8 -742 Feb.29L742 Mar . 298 ,7 n Apr.
Sept,.
298,742
zgTJn May
Oct
298,742
29iJr2June . 228J42Nov. 298,742
Julv 298.742
Dec. ?,28.742
Auq- 298,742
Annual Total Gal]-ons 3.584,904
Maximum Inst,ant,aneous Demand gPm
1L.0Acre Feet
OTHER REMARKS
/- /b- ./y)
WEST DIVIDE WATER CONSERVAI{CY
DISTRICT
Dat,e applied
PresidentApplicanE
Certificotion of 7edicotion ond Ownership:
KNowALLMENSY1HESEPRESEN\SthotRonoldl|.ondJeonA,l.Smith';';;;;;i
""rrr(t) iiii, simpte of ott ho! reot propertv described os"
AporcetoftondsiluoledinSectionlondSecliong'Township6South''idrg,.-sz
w,est or ti-r'-dtn piiiipot Meri.dton, Gorfield county, colorodo,
Seiig more porticutorly descnbed os follovs:
Beonnnoottheintersec(bnofthevesterlylineofsoidSection9ondthe"r;ii;;;;; isni ir ioy tine at Hishvov 6 .ond 21' vhence the
llitness Comer "o^ion"7o- Secilbns'.1' -5' I ond 9' o Gorfield County
iir:it"rri Eioss Cop-beors s o7'*J'Og'E 5.lo feet, wilh ott beorinqs
beino relotive to so;d )litness comer ,nJ o Gorlield county survewrs Sross Cop
fouid of the Southeost Comer of soid Surtii 9, using i Oeoring of N8709'll"E,
lhence, olong soid *rttirty tine of Sectton g' N O01J'49' W 187'90 feet to
(he Norlhwest cornei-oi io;a seclion g ond the common Southwest comer of
soid sec(ion 4, thence olong the weslely iire ot soid seclion I, N AO39'J8' w,
377.10 feet, thence"irlrr:ti,ig iiia s""tio" Line, N 54'4J'O9".8, 9.21 feet to
thc southvest comer of o porcet of bnJ desciibed in Book 56O of Poqe 433 olso
beingopointintheLower,CoctusVotteyoitch,thencefotlowinqthedescribed
soulherly line of ,oia-ior."t ond Lower-coclus vatley Ditch, described in soid
Eook 560 ot Poge li| ne following lO (ten) courses:
t) N 51'1J'O9' E, 209.69 feet; thence,
b u oz'ts'|1" E, 90-97 reet; thence,
il s azos's{' E, 82.87 feet; lhence,
il tt szza'oo' E, 105.57 feet: thence,
il N asoe'ls- t. 2tt.7o feet; thence,
O) N ZZla'ts' E, 69.6t feet; thence'
il u aflo'tg' E, t89.Js feet; thence,
ti) s zsogla" E 2J9.92 feet; thence'
til s oszg't5' E, 5t.09 reel; thence,
ibis"ii'iiia''t,- t4a.s2 feet more or tess to o point on the eosterty
',,iL""iin. iirtii;;l;; swi/4 of soid section 1, thence southerlv otonq
soid eosterty t,-"u, ;;i.2-6 ir( to ne ioiiieos( corner .of tle soid str t/a of
the siy r/t, thence-oiins tlg_e_o1gq iii ii-mu NWt/1 ol the Nwt/4 of soid
Section g, S OOJ6'1i'E, il2.58 reit lo o poin.t.o1 -lle norlherly riqhl of woy
tne of soid Hiqhvoyz ;;4 -24, (h"n" otonq soid right of woy line the
follovinq J fthree courses)"
,) N 83o7'it' trt 7J2-19 feet; thence,
il u ot'sz't6' E, 2o.oo feet; thence,
i'i bsvz'tl- i ist's+ reet to the pont or beqinning'
Soidporcelcontoins24.gslocresmoreorless:hovebythesepresentsloid
out, ptotted, ond subdivided the some into lots os shoin hereon ond designote
the some os u*erc";iiei in the county of Gorlield, .sto.te of colorodo.
fhot soid o*n", ioul it'uOy dedicote'ond set oport ott 9f.-the streets ond
roods os shown oi'in"-or-i-poning plot |9 the use,of lhe public forever.
ond hereby deaico'te' iz iii p"otii uiitities lhose portions of soid reol
property which ore loieled os ulility eosements on the occomponyhg plot
os perpetuot ."ar;-Jiir-ior ne ;nstollotion ond moinlenoncc ol utilities,
irriqotiott, ond aroir"ig'J ii'ititiit, iiau,lnO but not timited lo etectric'in,ii ii" tnes, te,tiiione tnes; - toqether with the nghl to trim
interfering trees oni brush; with p-erpetuol right. of ingress, ond egress for
insloilotion ona -o-nliiinr" of iu"i tie,s. iuch eosimenls ond rights sholl
be utilized in o reosonobte ond prudent monnen
)
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Consulting Engineens and Hydnologists
9OS Colonado Avenue I Glenwood Spnings' CO Bl 6Cl'l
January 10,2O0O
Dear John:
ResourceEngineering,lnc.reviewedandanalyzedthepumptestdatafromSamuelsonPump
Co. The pump a".i' *"" conducted on the Smith Well proposed to serve Ukele Acres
SubdivisionlocatedinGarfieldCounty*"".otSilt.Acopyofamapshowingthelocationof
the well is attached.
The well is proposed to serve 11 homes on 9 lots for inside use only' lrrigation water will be
from a separate raw water system. Th" ur"r"ge daily demand for the subdivision at full
build-out is estimated to b" 3,'g5O gpd based on 3.5 persons per household and 100 gpd per
person.
The well is completed in colorado River alluvium at a depth of 78 feet' Static water level has
been observed at 4E'3" below top of .".ing ;n No,"'L"t 21, 1998 and 43'6" on June 22'
1999. The bottom of the well is Uelow tie Colorado River level while the water surface
elevation is above river level. The well n"s tetw"en 20 to 25 feet of water above the level of
the pumP.
A 24 hour pumping test was conducted at 16.6 gpm' A total of 23'760+ gallons were
pumped during the iest. This exceeds ttre average daily demand by over six times' The total
iru*Oo*n was 3.62 feet out of the 24+ feet available'
only 4O minutes of well recovery data was collected and the well had not recovered to its
pre-test level, hower"i, tn" well exhibit.O-tt""av recovery during the limited observations'
copies of the pump test data, data summary and drawdown graph are attached' lt is our
opinion that the S*i,n Well can proviOe'an uiuqutt" physical water supply for the in-house
uses associated with 11 single family dwellings'
SincerelY,
FIESc)UFICE
ENGINEEFIING rNc
Mr. John Taufer
John L. Taufer and Associates
PO Box 2271
Glenwood SPrings CO 81602
RE: Ukele Acres Well
PSB/mmm
773-1 .0 it PUmP tu!'77s'wpd
Attachments
S. Bussone, P.E.
t (97])945-6777 I Fax t97olg45-1137
SMITH WELL PUMP TEST
TIME (MINUTES)
10 100 1000
.*DRAWDOWN
loooo l-* RECOVERY
0
0.5
1tr
TU
I.U
U2z
=oo
=Eo
1.5
2
2.5
3
3.5
4
TrME(MlN)(t) G)
0
't
2
3
4
5
6
I
10
12
15
20
30
40
53
60
90
120
1E0
240
300
360
420
730
1210
1449
1452 3
1456 4
't461 5
1467 6
1475 8
1485 10
1497 12
1512 15
1532 20
1562 30
1602 40
SMITH WELL PUMP TEST
WATER DRAWDOWN
(rn) LEVEL(FT) (FT)
49.54 0
44.96 1'42
45.08 1'54
45.04 1'5
46.31 2'77
46'23 2'69
46.56 3'O2
46.58 3'04
46.75 3'21
46.6 3'06
46.65 3'11
46.69 3'15
46.72 3'18
46'75 3'21
46.6
46.81
3.06
3.27
46.85 3.31
46.85 3-31
46.8E 3'34
46.92 3.38
46.92 3.38
46.92 3.38
46.92 3.38
47.21 3.67
47.29 3.75
47.16 3.62
484.00 45.79
364.00 45.77
292.20 45.73
244.50 4s.69
184.38 45.67
148.50 45.62
124.75 45.62
100.80 45.58
76.60 45.56
52.07 45.4E
40.05 45.46
2.25
2.23
2.19
2.15
2.13
2.08
2.08
2.04
2.02
1.94
1.92
Form No
G\ /S-25
APPLICANT
(303) 866-3581
OFFICE OF T}-IE :TATE ENGINEER
,qghEMT#, .?J YM:PJ S,T,W#JER R E S O U RC E -
RONALDW&JEANMSMITH
31947HWY6&24
srLT, CO 81652-
(970) 876-2070
NGE/EXPANS OF EOF ING WE
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 NW 114 Section 9
TownshiP 6 S Range 92 W Sixth P'M'
DISTANCES FROM SECTION LINES
2OO Ft. from North Section Line
650 Ft. from West Section Line
in good working order. Permanent records of all
annually) and submitted to the Division Engineer upon
ISSUANCEoFTHISPERMITDoESNoTCoNFERAWA-TERRIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights' The issuance of this permit
does not assure the applicant that no injury will occur io another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
2) The construction of this well shall be in compliance with the water well construction Rules 2 ccR 402-2, unless approval
of a variance has been granted by the state Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 'l 8'
3) Approved pursuant to cRS 37-90-137(2) for the expansion of use of an existing well' Permit no' 50767-F (expired)'
appropriating ground water tributary to the colorado River, as an alternate point of diversion to the Avalanche canal and
Siphon, on the condition that the well shall be operated only when the west Divide Water conservancy District's substitute
water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner
and the west Divide water conservancy District for the release of replacement water from Ruedi Reservoir is in effect' or
underanapprovedp|anforaugmentation.WDWCDcontract#95081SJS(a).
4) The old well constructed under permit no. 105g3 and previously permitted under permit no' 46427'F must be plugged and
abandoned in accordance with Rule 15 of the water well construction Rules. A well Abandonment Report form must be
submitted affirming that the old well was plugged and abandoned'
5) The use of ground water from this well is limited to ordinary household purposes inside 11 single family dwellings' the
irrigation of not more than 1.5 acres of gardens and rawns (approximately 6,000 square feet per dwe*ing), and the
watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for
augmentation is in effect'
O) The maxlmum pumping rate of this well shall not exceed 15 GPM'
7) The average annual amount of ground water to be appropriated shall not exceed 11 acre-feet'
g) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer' and court case
number(s)asappropriate.Theownershalltakenecessarymeans.andprecautionstopreservethesemarkings'
g) This well shall be located not more than 200 feet from the location specified on this permit and not less than 600 feet from
any existing well.
10)Atotalizingflowmetermustbeinstalledonthiswellandmaintained
diversionsmustbemaintainedbythewellowner(recordedatleast
request.
;}b , _2o -)oo
APPROVED
JD2
WELL PERMIT NUMBER
DIV. 5 WD 39 DES. BASIN
0457
State Engineer
DATE ISS r.tAR 2 0 2m IRATION ATE
APPENDIX
iIEETIIIIIrIIIIJ"'
PSB/dlh it mpa results'77s'wpd
. ,r3-1.O
- Attachment
FIESOUFICE
ENGINEEFIING
Mr. John Taufer
John L. Taufer & Associates
PO Box 2271
Glenwood SPrings, CO 81602
RE: Smith Subdivision
rNC
May 17, 2OOO
Dear John:
A copy of the results of the Microscopic Particulate Analysis (MPA) for the Smith well
is attached. The analysis showed no microorganisms observed (n'o') And concluded
that the Risk Level is 0 or "low"'
These results should be provided to the treatment plant designer and to the Colorado
Department of Public Health and Environment'
lf you have any questions, please call me'
Sincerely,
RESOURCE ENGTNEERING, INC.
Water Resources Engineer
Consulting Engineens and Hydnologists
9o9 ColonadoAvenue l Glenwood Spnings, Co 81601 I tg-Ttr]945-6777 . Fax [97o] 945.1137
colorado Department of P, ' Health and Environment - Drinking wr section
REPORTING FORM FOR CROSCOPIC PARTICULATE ANALYSES 'PA)
YEs()orNo()THESERESULTSAREToBEUSEDToFULFILLSTATESAMPLINGREoUIREMENTS
pwslD #:-coUNTY:Garfield SAMPLE COLLECTED BY: Tom Platzer
SYSTEM/ESTABLISHMENT NAME: Ronald & Gene Smith
SYSTEM ADDRESS: 31947 Hwv 6' Silt'CO
DATE SAMPLE BEGAN: 4t26tOO DATE SAMPLE ENDED: 4/27lOO
SAMPLE START TIME: 0935 SAMPLE END TIME: 1830 am/Pm
FINISHEDO SURFACEO GROUND ({ )
OUANTITY SAMPLED R = 1,809 qal'
PLEASE CHECK WATER TYPES:RAW({ )
-For Laboratorv Use Only Below This Line------------
LABORATORYSAMPLE# 099-378 SAMPLE METHOD 1994 CDH Modifications
LABOnATORY NAME ili"rosearch Lubotatotv LAB PHONE# $7Ol 241-1446
oarenecryrorNLneoRAT-oRy_ jJ2rygg--DATEPRocESSED4l29loo
SOURCE/WTP NAME:
MICROORGANISMS
Cryptosporidium tot.lFA Count
Giardia total IFA Count
Nondiatomaceuos Algae
Diatoms
Plant Debris
Rotif ers
Nematodes
Pollen
Ameba
Ciliates
Colorless Flagellates
crustaceans
Other ArthroPods
lnsects/larvae
Other
Giardia bY Consensus Method
Coccidia bY Consensus Method
EVALUATION
CENTRIFUGATE REMOVAL
MICROORGANISM REMOVAL
TURBIDITY, NTU
RISK LEVEL (Ground Water)
RAW WATER
(Numbers/1O0 G)
N/A
N/A
n,o.
n.o.
n.o.
FINISHED WATER
(Numbers/100 G)
LOG REDUCTION
n-o-
n.o.
n.o,
n.o.
n.o,
n.o.
n.o.
n.o.
n,o.
n-o.
n.o.
PERCENT RED.
O=low
n.o..'= none
Reviewed & APProved bY
z - /i.lr,^-s/z/o"
Title Date
Colorado Department of Public Health and Environment
WOCD-CMDM ATTN: Erica KannelY
43OO Cherry Creek Drive South, Denver, CO 80246-1530
MAIL RESULTS TO:
(970) e45-1004
FAX (e7o) e45-5948
ENGINEERS==:S^-M:
SCHMUESER
GORDON MEYER
118 West 6th, Suite 200
Glenwood Springs, CO 81601
April 20, 2000
Mr. John Taufer
John Taufer Architects
P.O. Box 2271
Glenwood SPrings CO 81602
RE: Smith Subdivision
Dear John:
I am providing this letter to discuss comments provided to Kit Lyons of the Garfield County
planning office regarding the drainage on Ukele Acres subdivision from Michael Erion of
Wright of Water Engineers.
Mr. Erion's comments regarding drainage were requesting the Applicant to provide additional
information regarding how the proposld system fits in with the existing drainage system
relative to Ukele AcrJs. Regarding this issue, borrow ditches exist parallel to ukele Lane and
drain from north to south towards the Highway 6 right-of-way' Once at the Highway 6 right-
of-way, drainage then proceeds in a wesierly dir""tlon in the highway borrow ditch along the
north side of Highway 6 to a point approximately 3oo feet west of the project site' At that
point, water discharges both under Highway 6 and the railroad, through a culvert for eventual
deposition into the Colorado River'
Regarding the project itself , the project is bounded on the east by Ukele Lane' on the north
by the Lower Cactus valley Ditch, and on the south by Highway 6' lf one were to discount
the existence of Lower cactus Valley Ditch, additional off-site drainage could be tributary to
the site from a 17-acrebasin bounded by Ukele Lane on the east and a ridge along the west
and north sides running in a northeasterly direction'
As was discussed in our drainage calculations report submitted with the Preliminary Plan
application, the proposed drainage system will enter the existing system by reducing
developed flows on site (based upon a 2}-year rainfall event) tO the historic rate of f low'
Detention ponds are proposed to be constructed to accommodate that goal' A detention pond
is proposed to be located in the southwest corner of Lot 3 which will reduce the developed
peak flow rates to the historic rates for Lots 1 through 3 and 7 through 9' This detention
poind volume would be 5305 cubic feet. This volume would be gained by providing a square
footprint (excavated into existing grade) of 55 feet x 55 feet' The depth of excavation would
be to two feet. The controlled outlet for this pond would be a l5" diameter cMP sloped at
one percent slope. The capacity for this culvert has been identified in the calculations
attached for the drainage caiculations. This facility, being a copmmon facility for new road
infrastructure and six lots, would be constructed by the developer'
April 20, 2OOO
Mr. John Tauffer
Page 2
ln regards to individual lot detention identified for Lots 4, 5 and 6, it is proposed to locate the
detention ponds in the lowest points of these lots. However, for Lots 5 and 7, it is noted in
our drainage report that it could be argued, since existing development is already in place on
these lots, no detention requirement ii necessary. ln the event that detention is required for
these lots, it has been determined that 535 cubic feet of volume for each pond is necessary'
Accordingly, a 1Yz' deep x 20'square pond bottom would be necessary to contain the 535
cubic foot detention volume.
Again, calculations are attached to the drainage report which identify the performance of an
8,'diameter CMP serving as a controlled outlet for each one of the ponds and being sloped
at one percent slope. lt ii proposed that these ponds be installed by the individual lot owners
and be responsible for maintaining the functional detention basins'
The original intent of the drainage plan was to have the ponds on Lots 4' 5 and 6 be
constructed individually (as prevLusly stated) and, therefore, Note #13 as stated in Mr'
Erion,s letter regarding'constiuction by individual lot owners is valid in requiring engineering
criteria for the pond construction to compry with county regurations and the Master Drainage
Plan be identified on the Plat.
Additionally, Michael mentions that it be a requirement the pond be designed by a colorado
Registered Professional Engineer. However, please note that the purpose of not identifying
a specific location for the ponds at this point in time is due to the fact that, by in large' on-
site development of individual lots will themselves determine the specific drainage patterns
and the specific rocation of the pond pracement itserf . The specifications identified on the
Master Drainage plan (drainage and gi"jing plans submitted with the Preliminary Plat) identify
the specific requirements regarding volume and controlled outlet construction necessary to
be incorporated into the design. However, specific siting and runoff -has. not bee provided
since individual on-site lot development wili affect the design. We have attached (in
accordance to Note # 121 a schematic typical section f or the detention pond that could f urther
serve to clarify detention pond requirements, once a specific location relative to future lot
develoPment has bee identified'
Hopefully, this letter has served its intended purpose' lf you have any questions or
comments, please don't hesitate to call'
RDON MEYER, INC.
91 12a.5
SCHMUESER GORDON MEYER, INC.
EA,6,,VEEFS
--
suir, -"onsS--M--
..putlEccE :-
GORDON IIEYER
118 West 6th, Suite 200
Glenwood SPrings, CO 81601(970) 945-1004
FAX (970) 945-5948
May 8, 2OO0
Mr. John Taufer
John Taufer Architects
P.O. Box 2271
Glenwood Springs CO 81602
RE: Ukele Acres - Silt, Colorado
Dear John:
per the request of Michael Erion of with wright of water Engineers, I am providing this letter to
address the 1oo-year floodplain and its potential impacts upon Ukele Acres'
on a site investigation performed on May 4, 2OOO, the purpose of which was to specifically to
identify off-stream routing of drainage, we determined that no flooding resulting from the 1oo-year
eventfrom restrictive culverts on Hignwai a-a-zqfrom either off-site iributary drainage or colorado
River floodplain will impact the site. The site itself , drains, as previously mentioned in prior reports'
to the west to a culvert that eventuaity Jiscnarges into. .the Cotorado River' The elevation of
Highway 6 & 24at the point at which this culvert ",ostt' Highway 6 & 24'.is much lower than the
lowest point on ,n.'ULi" A"ies site. On1-nunOred-year floiwaters from the Ukele Acres site will
remaininhistoricpafternsbydischargingintothissamegeneralarea.
Uponreceipt,ifyouhaveanyquestionsorcomments,pleasedon,thesitatetocall.
91 1 2a.6
AGRDEMENT
(Ditch Easement - Lorver Cactus Valley Ditclt)
THISAGREEMENTismadeandenteredintobyandbetwee.nRONALDW.SMITHand
JEANM.SMITH(hereirraftercollectivelyreferre<ltoas..Srnitlr'')andtlreGRANDRIVER
DITCH COMPANY ("pitch Cornpany"), this --
day of November' 2000'
RECITALS
A. The Ditch Company is the owner of the Lower Cactus Yalley Ditch' also known
as the Grand River Ditch (the "Ditch")'
B.SmithistheownerofthepropertyshownontheproposedFinalPlatforUkele
Acres (tlre ,.property,,) in the Town or sitt, County of Garfielcl, State of Colorado, a copy of
wlrich Plat is attached hereto as Exhibit A'
C.TlreDitcltislocatedalongandtraversesthenortherlyboundaryofLots6,T,8.atd
9 of the Property and the oit"irco,nprt-y has historically couducted Ditch lnai,tenance activities
o,, itr" n.op"rty along the southerly bank of the Ditch'
D'Thepartiesdesiretosetforthtlreiragreementwithrespecttotheeasementfortlre
Ditch as it traverses L;6,;;a an,l s of Ukele Acres shown on Exlribit A atkched'
AGREEMENT
Now,THEREFoRE,inconsiderationoftherecogtrition,covenantsandagreements
herein contailted, tlte parties agree as follows:
l.Dasemetrt.ThepartiesrecognizeandagreethattlrePropertyisburdenedbya
valirl,pre.existingandtu*rul.u,"n.,"ntarrdriglrt-of-wayfortheDitchandtheuse,operation,
maintenauce and repair of the Ditch and tlte transporting of water and water rights' The parties
agree rhat such easeme.i"rJ ,igfr,-.f-way shall Ue t'at fart of Lots 6,.7,.8 and 9, lying and being
northerly of a line, locut",l twerity-five (zs) reet soutlreily of antl parallel to the south bank of the
Dirch as existing
"nO
in p-f"^"",;, ioor" p"t,i"olarly described in Exlribit B attached' The easement
and right-of-way includes without lirnitation, access for motorized vehicles aud equipment' and
tlre Ditch Company "ou"nu,ita
una agrees to confine and limit its access' maintenance' repair and
op"i"tit'g acti;itie; to those lands contained within the easement'
2, Covelralrts of Landowlrer. Smith does hereby DECLARE AND AD0PT the
following covenants fo.GU*Jit of Ur" pitch Cornpany, which sltall ruu with the Property' to
wit:
(a) No use of the lands contained within the easement which tends to obstruct
o1 in,"rf"r" with tlre Ditcli cornpany's use of the easement shall be permitted'
(b) No fences, gates, slteds or otlter improvetnents' and no trees' shrubs or
landscaping, other than g,";;;;.l"*', may.be.placed' maintained or permitted
within the easement. Gtie pitcl Company shall have rto obligation to restore or
repair damage to any grass or lawn area maintained within the easement'
o"'"rrion"a U'y tt. oititr Co'puny't use of the easement')
(c) No lot owner, tenant, occupant, user'.guest' invitee or family member of
anownerortenant,oru,,yott"tp""o'claiminganyinterestin'occupyingor
using the Property, or any part tltereof, shall:
(i) take water from the Ditch, disturb or otherwise interfere with the
ilit"lt Curpuny's operation or use of the Ditch;
(ii)ttscthcl)itchforswirnrnittg'ttrbirrg'boatirrgorsitnilarrecrcational
activities;
(iiD block, obstruct or interfere with the flow of the Ditch;
(iv) install, construct or place any planks, boards or bridges on or across
tlre Ditch, or dig or tamper with the Ditch or the Ditch embankment.
(d) No drainage or pumping of waters or runoff from the Property into the
Ditch shall be permitted.
3. Recordine and Bindirg Effect. This Agreernent shall be recorded in the records
of the Garfield County Clerk ald Recorder and shall run with the land and be binding upon and
inure to the benefit of the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement this
-
day of
November, 2000,
THE GRAND RIVER DITCH COMPANY
Ronald W. Smitlr
Jean M. Smith Luther L. Lewis, President
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this _ day of November, 2000,
by Ronald W. Smith and Jean M. Smitlt.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this
-
day of November, 2000,
by Luther L. Lewis, as President of the Grand River Ditclt Company'
Witness my hand and official seal.
My commission expires:
Notary Public
/r
By:
SS.
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SCHMUESERIGORDONT =R
ENGINEERS 6 SURVEYORS
22 Seot. 2000
Job No. 991 12
DESCRPTION-LOWER CACTUS VALLET DITCH EASEMENT
AditcheosementfortheLowerCoctusValteyDltch,olsoknownosthecrond
River Ditch (the ,,Ditch'), situo.te ii-section +, Township 6 South, Ronge 92
ta/est of the 6th Principol Meridion' b;;;i -it inot p.ortion of Lots 6'7'8 ond
g, of tJkete Acres tying p.rthg.rty oi i i;nu tocoted twentv five (25) feet
southerty ot ona p,iroTtel to thi: tirin iin* of the Ditch os existing ond in
ploce, being -or5
-porticulorty described os follows:
EeginningotopointonthewestlineofsoidSection4whencetheSl{Comer
of soid Section 4 beors S 00'Jg'38" E 55J'26 feet;
thence, N lO'JglJ7' W, 24.14 feet olong soid Section line;
thence, N 54'43'Og" E, 218'90 feet;
thence, N 67'43'14" E, 90'97 feet;
thence, S 87'05'34" E, 82'87 feet;
thence, N 67'28'00" E, 105'57 feet;
thence, N 85'09'35' E, 2/l'70 feet;
thence, N 77'38'45" E, 69'51 feet;
thence, N 69'10'19" E, 189'35 feet;
thence, s 75'09'38" E, 239'92 feet;
thence, S 65'29'15" E, 5l'09 feet;
thence, s 5l'46'58" E, 159'25 feet;
thence, S 0O'40;lO'E, J2.12 f"Zl-'to o po11t 25 feet southerly of the south
bonk of the ditch; thence olong-;o;; ine 25 feet southerty oi the ditch bonk
the following cources:
thence, u 7o'17'32" w, 3o'46 feet;
thence, N 5l'56'43" W, ll0'67 feet;
thence, N 56'22'22" U/, 6J'53 feet;
thence, N 73'01 '01 " W, I 75'85 feet;
thence, S 8J'J5'07' W t56'67 feet;
thence, S 66'49'29" 14, 49'94 feet;
thence, s 74'45'37n l/V, 120.50 feet;
thence, S 87'27'/2" W, 7l'04 feet;
thence, S 87'20'58" W 40'98 feet;
thence, S 84'04'l l" W, 8l'28 feet;
thence, S 65'45'09" W, 6/'78 feet;
thence, S 74'15'27" W, 70'48 feet;
thence, N 8l'4O'/5" W 58'19 feet;
thence, S 72'lO'45" W, 45'16 feet;
thence, S 62'03'23" W, 59'96 feet;
thence, 5 52'04'49" lrl/, 124'70 feet;
thence, 5 65'22'J:7' W, 86.99 feet-to the point of beginning' containing
-+i.Ot7 sq.ft. or 1.08 ocres more or less'
GLENWOO9 SPRINGS
r l€} w. €TH, sUlrE 20u
GLENwooo SPRINGS, CO I I 60 I
97()-945'I oo4
FX: 970-945-5946
ed the obove legol
ASPE}I
P.O. BOx 2155
ASPEN,COal6le
97ea25'a727
F7:970-925'4t57
The nome
descriPtion
I l8 F/est
ond oddress of the
is Kenneth R. W,
a),
6th Street, Suite
c:
Gordon MeYer'lnc.,
DEC-08-2000 FRI 12:03 Pl{BEATTIE AND CHADI^IICK 970 945 8671 P, 02
EASEMENT AGREEMENT
Dunbar Springs No. 1, 2,3, and 4
THIS EASEMENT AGREEMENT is entered into this -- day of
2000. between Ronald W. Smith and Jean M. Smith, whose address is 3I947 Highway 6 & 24,
Silt, Colorado, 81652, Grantors, and Todd Peek and Tonya Duplice, whose address is31827
I{ighway 6, Silt, Colorado, 81652, Grantees.
RECITALS
A, Grantees own real property described as [INSERT LEGAL DESCRTPTION OF
PROPERTYI.
B. Grantees own certain water rights fbr Dunbar Springs No l, 2, 3, and 4, Case No'
79CW87.
C. Grantors own real property described in Exhibit,\ which Grantors intend to subdivide as
the l;lcele Acres Subdivision in Garfield County, Colorado, in accordance with the
Preliminary Plat approval for l.Ikele Acres set forth in Garfield County R,esolution No'
2000-038
D. Crrantees wish to have a written easement agreemen[ showing that they have legal access
&oross Lot 6 of the Ukele Acres Subdivision in the area shown as the 'lDunbar Access
Easerneot" in Exhibit B, to operate, maintain, repair and replace existing water rights
structures. Grantors are willing to grant a written easement for this purpose.
AGREEMENT
NOW TIIEREFORE, for and in consideration of mutua.l promises and agreements sot
forth below, the sufficiency of which is hereby acknowledged, Crrantors and Grantees agtee aE
follows:
l. Grantors quit claim to Grantees a non-exolusive easement over and across that
portion of Lot 6 of the U[ele Acres Subdivision shown as the "Dunbar Aocess Easement" in
b*friUit B. The purpose of the Easement is to provide access to Dunbar Springs No, l' 2,3, and
4, Case No ZqiW87, and to operate, maintain, repair and replace water rights structures.
Cirantees shall not build any structures on Lot 6 except as necessary for the Purpos€s of the
Easernent. Grantoes will ristore the surfacd of Lot 6 to its prior condition if they disturb it,
Access shall be on foot only, unless Grantees require aocess by mechanized equipmsnt, in which
case they shall obtain prior approvalfrom Grantors'
Z. Grantees acknowledge the existence of an easement for the Lower Cactus Valley
Ditch as shown on Exhibit H, atd aiknowledge that Cnantors and the Grand River Ditch
C"r.p*V trave an .ur..epi 4gt.rr*, fpr this ditch. Grantees agree not to take any actions that
would violate the easemoil foiiiho Lower Cactus Valley Ditoh'
3, If Grantees', water rights are ever abandoned or moved to another location not on
Lot 6, this Easement will automatically terminate,
DEC_08_2000 FRI i2:03 Ptl BEATTIE AND CHADT^IICK s70 945 8671
4. This Easement Agreoment shall bo binding upon the parties and their heirs,
executors, administrators, successors, and assigns.
5, T,his Agreement shall be recorded in the real proporty records of Garfield County,
Colorado, at Grantorg' exPense.
IN WTrNESS WHEREOF, the parties have signed this agreement on the dates written
P, 03
W
below,
GRANTORS GRANTEES
Ronald W. Smith
Date:
Todd Peek
Date:
Jean M, Smith
Date;
Tonya Duplice
Date;
srATE oF coLoRADO )
) ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of
2OOO, by Ronald W. Smith and JeanM. Smith'
Witness my hand and ofEcial seal.
My commission exPires:
Notary Public
srArE Or COLORADO )
) ss,
coLrNTY oF GARFTBLD )
The foregoing instrument was acknowledged before m.e this day of
, 2OOO, by Todd Peek and Tonya Duplice'
Witness my hand and official seal.
My cornmission exPires:
Notary Public
2
SCHMUESER i GORDON ,ER
ENGINEERS & SURVEYORS
22 Sept. 2000
Job No. 99112
DESCRIPTION - DUNBAR ACCESS EASEI,IENT
An occess eosement situote in Section 4, Township 6 South, Ronge 92 West
of the 6th Principol Meridion being more porticulorly described os
follows:
Eeginning of o point on the west line of soid Section 4 whence the Slil corner
of soid Section 4 beors S 00'39'38' E 254.73 feet;
thence N 0O'J9'38'W 98.53 feet olong soid Section line to the south line of
o ditch eosement for the Lower Coctus Votley Ditch; thence N 65'22'37" E
86.99 feet olong soid line; thence N 52'04'49" E lO1.2O feet olong soid
tine; thence 5 00'00'00" W 54.55 feet; thence.t 47'55'50" llt 212.55 feet
to the point of beginning, contoining I I 175 sq.ft. or O.256 ocres more or
less.
The nome ond oddress of the person creoted the obove legol
description is Kenneth R. llrilson,lL.S.ueser Gordon Meyer, lnc.,
Colorodo 8l60l.l'/8 ll/est 6th Street, Suite 2OA
Kenneth R.
GLENWOOO SPRINGS
I l8 w. 6TH, SUlrE 200
GLENWOOD SPRINGS, CO 8 I 60 I
970-945- lOO4
FX: 970-945-5948
ASPEN
P.O. BOX at55
ASPEN, CO 8I6I2
97o.9?3-6727
Fx: 970-925-4 I 57
who
157,
: . LS ls7i0 j*
*?;?1,,,.'.'$;t$;Br.q
MEMORANDUM
TO: MICHAEL ERION, WRIGHT WATER ENGINEERS
FROM: JEFF LAURIEN, Garfield County Planning Departnent
DATE: JANUARY 5,2001.
RE: UKELE ACRES FINAL PLAT
RESPONSE: RESPONSE REQUESTED ASAP (Do what ever you can Michael)
MICHAEL,
Please review the attached information submitted as part of the Ukele Acres Final Plat, specifically,
responses to Conditions 3, and ll as highlighted in the letter from John Taufer.
If you have any questions, please do not hesitate to contact me at945-8212.
Sincerely,tl/;
feff Lauriem, B.E. S., Msc.P.
Senior Planner
enclosures: Letter of October 4,2000 from John Taufer
Leffers of April 20,2000, and May 8,2000 from JeffSimonson
Final Plat maps
Construction Drawings
GARFIELD CO(INTY
Building and planning Department
January 5,2001
John L. Taufer & Associates,Inc.
Landscape Architecture/Land planning
P.O. Box227l
Glenwood Springs, Colorado g1602
RE: UKELE ACRES FINAL PLAT
John,
2.
3.
Post-it'Fax Note 7671 'df , i lEgttl;q*:z;ffi-=ronrf ,-/\ , ......-
J I LL Li:-r.+,.ni,wu-- ___-___
trtc f/La^,^iriluttc f
-1tr
.r-* &C_r-i '="""'" fYr- J'Ltl.r qfr:7ET
4.
Flaving completed an initial review ofthe ukele Acres Final plat submiual received December g, 2000, staffhas determined that the following issues need to be addressed within the submittal:
1. within the revised Deposit Agreement received December 29,2000:
a) on page 2' Section 1' owner's cash Deposit needs to be revised to state: ..The ovmer agreesthat it shall be obligated in accordan.. *tr, tr,..l.l"r "i;il;gr"ement to deposit with theGarfield county Treasurer ("county Treasurer") the sum or$t3o,zzl.00 upon signat,re ofthe Subdivision Improvements Agrlement byl!" county, to secure for construction of theImprovements plus the service FJe of $1,315.g6..." noriirg udJed to show change needed.
b) on page 2' Section 2' Service Fee must include language to acknowledge the lo/ofeeto theGarfi eld County Treasurer.
c) on page 2' section 3' a' Drawrequegts, language must be added to address the thirty (30) daysthe county has to complete i* investigatior?*y improvements certified as complete by theowner' This Ianguage is includeii, trr"-t' , p*ugruph of page 3 of the subdivision
I#i:#Tents
ASreement submitted to staff with the-revisea deposit Agreement for your
d) onpage 3' Section 3' c' Disbursement needs to add the following after the language in (iv):*(v) draw request is inconsistent with origi;;icost estimate.,,
il:#"tffil, #::ffi#l?,lor bvJaws for the Home owner's Association have been submitred.
cost estimates for all improvements to be completed must be signed and stamped by a professionalengineer' registered in the state of colorado. pr.us. ruumit costlstimates with such a signature andstamp' In addition, costs of improvements completed must be signed anJstamped by a professionalenglneer' registered in the state of coloradoiPl;;;; submit tlri, ir,roro,ation for any completedrmprovements.
A construction Loan Agreement has been submitted with-the revised Deposit Agreement. staffisunclear as to the reason for this being inctuoeJin the submiual. please exprain why it has beensubmitted. If it is not necessary, pleasJindicate as sG.
5. The plat notes on the Final plat have
identification.not been numbered. please number them for ease of
6' Planning staffhas just received comments from the Engineering Department (today) and has not hadtime to review them in detail. H:wwer, tr,ey *r uttu"rrfo i, orai, to'gi* you .s much advance nofice
ilT:T,f"?;,fit fr##lle' rhese auached.o**.nt. should bJreviewed and uJar"rr"a in any
staffnotes' comments have not been received from the county surveyor nor wright water Engineers whohave been obtained to review some ofthe Final Plat submittal. ih*, flr; ubo;. irro", to be addressed withinthe Final Plat submittal may not be complete at this ti*.. Ho*"rr.r, to attempt to accommodate the appricant,this letter has been prepared to noti$ihe applicant;il issues ttrat are'reaaily apparent and need to beaddressed.
Ifyou have any questions, please contact staffat this office, at945_g212.
Sincerely,/4Q
Jeff Laurien, B.E.S., MSc.p.
Senior Planner
Building & Planning Department
enclosures: comments from Garfield county Engineering Departrnent
H