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Home My WebLink About05.0 Road Maintenance AgreementROAD MAINTENANCE AGREEMENT 77-11S AGREEMENT entered into this day of June, 1996, by and between HARMONY VIEW HOMEOWNERS ASSOCIATION; PINION GROVE HOMEOWNERS ASSOCIATION; JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION; and LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION. RECITALS 1. Harmony View Subdivision is a subdivision located primarily in Eagle County and partially in Garfield County, Colorado, consisting of seven (7) lots, six (6) of which utilize a road known as Harmony Lane for access. The owners of each of the six lots within Harmony View Subdivision that utilize Harmony Lane as access are members of the Harmony View Homeowners Association. 2. Pinion Grove Exemption is a subdivision located in Garfield County, Colorado, consisting of four (4) lots. The owners of the 4 lots within Pinion Grove Exemption constitute the members of the Pinion Grove Homeowners Association. 3. Joseph's Meadows Subdivision is a subdivision exemption located in Garfield County, Colorado, consisting of three (3) lots. The owners of the 3 lots within Joseph's Meadows Subdivision exemption constitute the members of the Joseph's Meadows Homeowners Association. 4. Levitt Subdivision is a proposed subdivision located in Garfield County, Colorado, Subdivision, proposed to consist of thirteen (13) lots. The owners of the 13 lots within Levitt Subdivision will constitute the members of the Levitt Subdivision Homeowners Association. 5. The owners of the twenty six (26) lots referenced in paragraphs 1 through 4, inclusive, above, each use portions of Harmony Lane for access to their respective properties, all as more fully set forth hereinbelow. 6. The parties hereto have reached the following agreement with respect to sharing the costs of the future repair and maintenance of Harmony Lane and wish to memorialize said agreement in writing. NOW, THEREFORE, in consideration of the keeping and performance of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Harmony Lane. Harmony Lane is hereby defined as that certain existing roadway located just westerly of the Eagle County/Garfield County line, from its intersection with Fender Lane (County Road 102) southerly to its intersection with Wind River Road. For purposes of this Agreement, Harmony Lane shall be further divided into three sections, defined as follows: a. North Section shall mean that portion of Harmony Lane of approximately 111 feet in length from the intersection of Harmony Lane and Fender Lane to the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision; b. Center Section shall mean that section of Harmony Lane of approximately ,72_ feet in length from the intersection of Harmony Lane and the northerly entrance into Harmony View Subdivision to the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision, which is the same point as the entrance into Joseph's Meadows Subdivision; c. South Section shall mean the section of Harmony Lane of approximately 6 $Sfeet in length from the intersection of Harmony Lane and the southerly entrance into Harmony View Subdivision and Joseph's Meadows Subdivision to the intersection of Harmony Lane and Wind River Road. 2. Use of Harmony Lane and Sharing of Repair and Maintenance Costs. The parties wish to share the ongoing and future repair and maintenance costs of Harmony Lane on a prorata basis, determined according to the number of users of each section of Harmony Lane. The parties therefore agree that the sections of Harmony Lane are used as stated below, and that costs of repair and maintenance of each section of Harmony Lane shall be shared as follows: a. North Section is used by 26 lots, consisting of 6 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 41ots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of ongoing and future repair and maintenance of the North Section will be divided into 26 equal parts and each lot using the North Section will be allocated 1/26th of said cost. b. Center Section is used by 24 lots, consisting of 4 lots in Harmony View Subdivision, 3 lots in Joseph's Meadows Subdivision, 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of future repair and maintenance of the Center Section will be divided into 24 equal parts and each lot using the Center Section will be allocated 1/24th of said cost. c. South Section is used by 17 lots, consisting of 4 lots in Pinion Grove Exemption, and 13 lots in Levitt Subdivision. The cost of repair and maintenance of the South Section will be divided into 17 equal parts and each lot using the South Section will be allocated 1/17th of said cost. Road Maintenance Agreement 6/6/96 Drati Page 2 3. Method of Payment of Road Maintenance Costs. a. Obligation of Homeowners Association. The obligation to pay the proportionate share of the Harmony Lane repair and maintenance costs, as allocated above, shall be the responsibility of and shall be paid by the Homeowners Association for each affected subdivision. The sums due from each Homeowners Association shall be determined by the number of lots whose owners are members of each such association who use the various sections of Harmony Lane as specified herein. It is anticipated that such Homeowners Association shall assess each lot whose owners are members of such Association such lot's allocated share, provided, however, that the precise manner in which each Homeowners Association collects the monies from the individual lot owners shall be in accordance with the applicable internal documents and procedures of each Homeowners Association. b. Manner of Assessment. Prior to May 31 during each year of the term of this Agreement, the Presidents, or such other representatives as may be designated in writing, of each Homeowners Association which is a party hereto, shall meet and confer with respect to items of routine repair and maintenance of Harmony Lane which may be expected during the succeeding twelve (12) months. Upon the unanimous agreement of such representatives, each Homeowners Association shall, within twenty (20) days, pay to a joint road maintenance fund the total amount due from each such Association, which shall be equal in amount to the cumulative amount allocated in accordance witih this Agreement to the lots whose owners are members of such Association. Upon reaching such agreement, the representatives shall designate one of their number to negotiate and enter into such contracts for services with third parties as are appropriate to cause the anticipated repair and maintenance to be accomplished. The cost for such services shall then be paid from the sums deposited into the road maintenance fund by the parties hereto. In the event that the representatives of the Homeowners Associations are unable to reach unanimous agreement with respect to items of repair and maintenance and allocations therefor, the Harmony Lane road maintenance allocation for each lot within each subdivision party hereto shall remain the same as said allocation for the preceding year and the amount due from each party hereto shall be the same as in the preceding year. Allocations for emergency or extraordinary repair and maintenance to Harmony Lane shall be made in accordance with the terms of this Agreement and the Homeowners Associations party hereto shall have the authority to contract and pay for such emergency or extraordinary repair and maintenance to Harmony Lane by following the same procedures as those set forth herein for routine repair and maintenance. Road Maintenance Agreement 6/6/96 Draft Page 3 4. Term of Agreement. The initial term of this Agreement shall be for a period of ten (10) years, and shall thereafter automatically renew for successive five (5) year periods; provided, however, that this Agreement shall terminate automatically upon the earlier of (i) the acceptance of the responsibility for repair and maintenance of Harmony Lane by any state, county, municipal, or quasi -municipal (such as a road maintenance district) entity, or (ii) the anniversary date of this Agreement in the year 2051.. 5. Additional Users of Harmony Lane. The parties recognize and agree that as of the date hereof there are other users of Harmony Lane who are not parties to this Agreement, and further recognize that there are other lands susceptible of development that may use Harmony Lane as access (hereinafter collectively referred to as "Additional Users of Harmony Lane"). The parties hereby agree that this Agreement may be amended without their further consent by the addition of Additional Users of Harmony Lane so long as such Additional Users of Harmony Lane agree to pay their proportionate share of the repair and maintenance costs of Harmony Lane allocated in accordance with the concepts established by this Agreement, and provided further, that such Additional Users of Harmony Lane execute and deliver to the parties hereto a memorandum indicating their agreement and the necessary changes in the number of users of the various sections of Harmony Lane and the resultant changes in allocation of costs. 6. Miscellaneous. a. Governing Law and Venire. This Agreement shall be governed by, interpreted under, construed and enforced in accordance with the laws of the State of Colorado. The parties agree that any action to enforce any provision of this Agreement shall be brought in the District Court in and for Garfield County, Colorado, and that such court shall be the exclusive venue within Colorado for any such action. b. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between them with respect thereto. c. Recovery of Attorney Fees. In the event suit is brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorney fees as determined by the Court. d. Titles and Captions. The headings used in this Agreement are for purposes of convenience only and shall not be used in interpreting this Agreement. e. Signatures in Counterparts. This Agreement may be executed in one or more counterparts, all of which shall constitute a single agreement and each of which shall be an Road Maintenance Agreement 6/6/96 Draft Page 4 06,A)6, 96 16:22 'g'9 I.I J45 976;) LAfti<1 GREEN 1.0 .108 S original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as Yap original signature. f. Severability. If any term or provision of this Asreernent is held to be invalid, unenforceable or illegal for any reason whatsoever, .such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. IN W7INTSS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HO' POWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS TERS ASSOCIATION By President LEVITT SL3DIVISION HOMEOWNERS ASSOCIATION By President President Road Maintcnancc Agreement 6/6/96 Draft Page 5 06!06/96 16:44 $970 945 9769 LARRY GREEN -»- LEV I'IT original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severability. If any tern or provision of this Agreement is held to be invalid, unenforceable or illegal for any reason whatsoever, othesuch provision shall be remaindex of this A,greementred from this Agreement and shall not affect the validity IN WITNESS W[JEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HARMONY VIEW HOMEOWNERS ASSOCIATION By President PINION GROVE HOMEOWNERS ASSOCIATION By JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION BSL LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION President President By_ President Road Maintenance Agreement 6i6,'g6 Draft Pagc 5 boos 06/06/96 16:39 ''970 b45 9769 LARRY GREEN original for all purposes. It is agreed and understood that the signatures of the parties on a copy hereof transmitted by facsimile shall be sufficient as if an original signature. f. Severabihty. If any terry► oc provision of this Agreement is held to be imralid, unenforceable or illegal for any reason whatsoever, such provision shall be severed from this Agreement and shall riot affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. HAR • ONY O MEOWNERS ASSOCIATION ilgto/kr iI111101 AKISSIWAN By PINI N GRO V President _OMEOWNERS ASSOCIATION 0- isfar -411" JOSEPH'S MEADOWS HOMEOWNERS ASSOCIATION By President LEVITT SUBDIVISION HOMEOWNERS ASSOCIATION By /44-N-0-, President President Road Maintcnunce; Agcnt 6/6/96 Dratl Page 5 &us JZ. HARMONY LANE MAIM TENAN CE JOHNS ADAMS SCALE 1"= 200' FOX RUN MEADOWS > g m n Z Z mom mrr" > X Z cn m m X < O m D Z c 4 685' HARMONY LANE Z ONilU M3LA ) NOWbVH > = 0 n j Z M r �O� W Z rn-<r- >'Z DMZ to m m m m z --n --{r z 0 N 532' 441' ONI113 M3V\ ) NOY VH - n m z to m 7o r > Z I m 1 • • 475762 B-934 P-888 03/21/95 03:31P PG 1 OF 6 REC DOC NOT M I LDRED *LSDORF GXRF I ELD COUNTY CLERK AND RECORDER 30.00 AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT is made this 25th day of January, 1995, by and between THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter Grantor) and STANLEY GLEN, whose legal address is 603 Longboat Club 2r14ri (hereinafter Grantee). Longboat Key, Florida 34228 RECITALS 1. Grantor is the owner of that certain real property located in Garfield County, Colorado, more particularly described on Exhibit A which is attached hereto and incorporAted herein by this reference. (hereinafter Levitt i iopei y). 2. Grantee is the owner of two parcels of real property located in Garfield County, Colorado, which are contiguous to the Levitt Property. The two parcels of real property owned by Grantee are described as follows: i. SE1/4SE1/4SW1/4, Section 28, Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Easterly Glen Parcel); and ii. SW1/4SE1/4SW1/4, Section 28, Township 7 South, Range 87 West of the 6th P.M. (hereinafter the Westerly Glen Parcel). Hereinafter, the above described real property owned by Grantee will be referred to individually as the Easterly Glen Parcel or the Westerly Glen Parcel, as the case may be, or collectively as the Glen Property. 3. Grantee desires to obtain an easement for certain limited purposes across the Levitt Property for the benefit of the Glen Property, and Grantor is willing to grant such an easement as defined herein and upon the terms and conditions set forth herein. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of Ten Dollars, in hand paid, and in further consideration of the keeping and performance of the promises and covenants contained herein, the sufficiency of which are hereby acknowledged, Grantor does hereby sell, convey and quitclaim unto Grantee, his heirs, successors and assigns, a permanent easement on, along, over and across the following described premises, to -wit: Return to: Lawrence R. Green Delaney & Balcomb. P.C. P.O. Drawer 790 Glenwood Springs. CO 81602 475762 B-934 P-889 03/21/95 03:31P PG 2 OF 6 Agreement and Grant of Easement Page 2 A 30 foot wide access easement situated in the SW1/4SW1/4SE1/4 of Section 28, T. 7 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at the S1/4 corner of said Section 28, a rebar and aluminum cap in place; thence N. 01°58'49" E. along the North-South centerline of said Section 28 (basis of bearing) a distance of 630.03 feet to the Northwest Corner of a parcel of land described in Book 416 at Page 401 of the Garfield County records, the True Point of Beginning; thence continuing along said centerline N. 01°58'49" E. a distance of 3 .•)0 feet; thence S. 89'52`06" E. 133.87 teet to a point on the centerline of a road as constructed and in place; thence S. 04°22'42" E. 30.08 feet along said centerline; thence N. 89°52'06" W. 137.21 feet to the point of beginning. The permanent easement conveyed hereby shall be only for the following purposes: 1. For the construction, use and maintenance of a private ingress/egress roadway to the Glen Property. 2. For the construction, installation, use and maintenance of utility lines for the benefit of the Glen Property. The permanent easement conveyed hereby shall be forever subject to the following conditions: 3. The roadway shall be constructed, used, maintained and repaired by Grantee at his sole expense. Grantee shall at his expense and at all times keep said roadway in good, serviceable and safe condition. Grantee shall erect no fences along or across said roadway without the prior written consent of Grantor. Grantee shall landscape the roadway with native material so as to minimize the visual impact of the roadway upon the Levitt property. 4. All utility lines placed within the easement shall be placed underground and shall be constructed, installed, used and maintained at the sole expense of Grantee. 5. Grantee shall at all times protect, indemnify and save harmless the Grantor from any and all claims, demands, judgments, costs, expenses, and all damage of every kind and nature, made, rendered or incurred by or on behalf of any person or entity whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or entity whatsoever, including, without limitation, the parties hereto and their officers, families, servants and employees, trustees and beneficiaries in any manner arising from or growing out of any act or omission of or by Grantee to properly construct, install, operate, use, maintain, replace or repair the easement herein granted. 475762 B-934 P-890 03/21/95 03:31P PG 3 OF 6 Agreement and Grant of Easement Page 3 6. It is the intention of the parties hereto that the easement conveyed hereby shall provide ingress/egress and utility line access to a maximum of three (3) single family dwellings. To further this intention, the parties agree: The Easterly Glen Parcel shall not be subdivided, resubdivided or otherwise split into more than two (2) parcels, each of which shall be allowed a maximum of one (1) single family dwelling, together with accessory uses as allowed by applicable provisions of the Garfield County Zoning Code. li. The Westerly Gien Parcel shall not be subdivided, resubdivided, or otherwise split in any way and only one (1) single family dwelling shall be allowed thereon, together with accessory uses as allowed by applicable provisions of Garfield County Zoning Code. iii. Any dwelling to be constructed upon or any other use of the Glen Property shall observe all applicable Garfield County Zoning and Land Use Regulations. 7. The easement granted hereby shall not be deemed to give Grantee exclusive possession of any part of the premises and Grantor shall have the right to make such continued use of the premises as is not inconsistent with the rights granted hereby. 8. If any legal action or other proceeding is brought for the enforcement of this Agreement and Grant of Easement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement and Grant of Easement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. The covenants, stipulations and conditions of this grant of easement shall extend to and be binding upon the parties hereto, their heirs, administrators, executors, successors and assigns. TO HAVE AND TO HOLD the same, together with all and singular, the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or in equity, in and to the easement hereby granted, to the only proper use, benefit and behoof of the said Grantee, his heirs, successors and assigns. 475762 B-934 P-891 03/21/95 03:31P PG 4 OF 6 Agreement and Grant of Easement Page 4 IN WITNESS WHEREOF, Grantor has executed and delivered this grant of easement this 25th day of January, 1995. THE 1993 THOMAS W. LEVITT FAMILY TRUST By uy.ta, 0// Thpmas W. Le t, Trustee John C. Davis, Trustee STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) The foregoing instrument was acknowledged before me this 1, S day of January, 1995, by Thomas W. Levitt as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Address: 3►yo SHARON S SHAM ?OTARY PUBLIC STATE OF MISSOURI JACKSON COUNTY x,1998 CO:viNILSSION EXP. 475762 B-934 P-892 03/21/95 03:31P PG 5 OF 6 STATE OF MISSOURI ) ss. COUNTY OF JACKSON Agreement and Grant of Easement Page 5 The foregoing instrument was acknowledged before me this '),51 day of January, 1995, by John C. Davis as Trustee of The 1993 Thomas W. Levitt Family Trust. WITNESS my hand and official seal. My commission expires: Address: 53 "%,) r\-`-, Gl 1 3a- - ACCEPTAN ' i ' • TEE: c STANLEY GLEN STATE OF O-L(dw COUNTY OF yja/ca ) ss. NOTARY PUBLIC SHARON 5 SHATrO r IOTARY JACKSON COUNTYATE OF •iSsouRt MY COMMISSION EXP. APR. 27,1998 The foregoing instrument was acknowledged before me this v2 day of January, 1995. by STANLEY GLEN. WITNESS my hand and official seal. My commission expires: Address: BRENDA C. DU BOIS My Comm Exp. 5/14198 Bonded By Service Ins No CC'?x. 's (r; NOTARY PUBLIC 475762 B-934 P-893 03/21/95 03:31P PG 6 OF 6 EXHIBIT A A PARCEL OF LAND SITUATED IN THE SW1/4 SW1/4, THE N1/2 SE1 /4 SW1/4, THE W1/2 SW1/4 SE1/4, THE NE1/4 SW1/4, AND IN THE NW1/4 SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR'S BRASS CAP FOUND IN PLACE; THEN N.89°40'17"E. ALONG THE SOUTHERLY LINE OF SECTION 28, 997.11 FEET TO A REBAR & CAP IN PLACE, LS # 22580, THE TRUE POINT OF BEGINNING; THEN N.03°23'54"E. 1396.62 FEET TO AN EXISTING FENCELINE; THEN N.89°56'19"E. ALONG SAID FENCELINE 96.34 FEET; THEN 5.88°51'41"E. ALONG SAID FENCELINE 248.00 FEET TO THE NORTHWESTERLY LINE OF AN EXISTING 60 FOOT ROAD EASEMENT AS DESCRIBED IN RECEPTION NO. 394063 OF THE GARFIELD COUNTY RECORDS; THEN S.00°00'00"W. 15.65 FEET TO THE EAST -WEST CENTERLINE OF THE SW1/4 OF SECTION 28; THEN S.89045'38"E. 28.99 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SECTION 28, A REBAR AND ALUMINUM CAP IN PLACE, LS # 22580; THEN CONTINUING ALONG SAID CENTERLINE S.89°45'38"E. 1084.38 FEET TO A REBAR & CAP IN PLACE, LS = 22580,; THEN N. 01 °51 '54 "E. 435. 78 FEET TOA REBAR & CAP IN PLACE, LS # 22580,; THEN S . 89 ° 45 ' 38 "E . 250.00 FEET TOA POINT ON THE EASTERLY LINE OF SAID NE1/4 SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS # 22580; THEN S.01°51'54"W. ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 28, 435.78 FEET TO THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 28 (WHENCE A REBAR AND CAP, LS = 2376 BEARS N.37°10'03"E. 1.28 FEET); THEN S.89°45'09"E. 105.0.5 FEET TO THE CENTERLINE OF A ROAD AS CONSTRUCTED AND IN PLACE, ALSO BEING A REBAR & CAP IN PLACE, LS # 22580; THEN CONTINUING ALONG SAID CENTERLINE THE FOLLOWING NINE (9) COURSES: 1) S. 01 °14'32"E. 280.88 FEET; 2) 5.02°01'43"W. 115.18 FEET; 3) S.00°39'22"W. 148.53 FEET; 4) S.01°44'39"E. 133.99 FEET; 5) S. 04 °28'45"E. 106.53 FEET; 6) 100.07 FEET ALONG 1HE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1475.00 FEET, A CENTRAL ANGLE OF 03°53'14" (CHORD BEARS S.06°25'22"E. 100.06 FEET); 7) 5.08°21'59"E. 67.98 FEET; 8) 95.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 126.84 FEET, A CENTRAL ANGLE OF 43°01'06" (CHORD BEARS S.13°08'34"W. 93.01 FEET); 9) S.38°12'03"W. 18.82 FEET TO A REBAR & CAP IN PLACE, LS # 22580,; THEN S.89°43'28"W. 30 74 FEET A REBAR & CAP IN PLACE, LS # 22580,; THEN N. 01 °52'46"E. 329.19 FEET TO A REBAR & CAP IN PLACE, LS # 22580; THEN N.89°58'09"W. 110.00 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 28, A REBAR & CAP IN PLACE, LS # 22580; THEN N.02°06'39"E. ALONG SAID CENTERLINE 49.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF THE SE1/4 SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS t 22580; THEN 8.89°57105"W. ALONG SAID CENTERLINE 1353.02 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF THE SW1/4 OF SECTION 28, A REBAR & CAP IN PLACE, LS # 22580; THEN 8.03°23'54"W. ALONG SAID CENTERLINE 686.91 FEET TO THE WEST SIXTEENTH CORNER COMMON TO SECTIONS 28 AND 33, A REBAR & ALUMINUM CAP IN PLACE, LS 22580; THEN 5.89°40'17"W. ALONG THE SOUTHERLY LINE OF SECTION 28, 374.64 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 37.847 ACRES, MORE OR LESS. P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 / t� Z4NC4NELL4 4140 4S5OC14TE5 ENGINEERING CONSULT41415 October 30, 1996 Eric McCafferty Garfield County Planning Dept. 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Levitt (White Cloud Ridge Subdivision) Dear Eric: 7 (970) 945-5700 (970) 945-1253 Fax NOV 2 > 1996 At your request, we have measured the water level in the Levitt Trust Well No.2 on October 1, 1996. Static water level was 259.08 feet, which is approximately 4 feet lower from when the original test was performed on March 19, 1996. We believe this change in water level is part of the normal seasonal variation in aquifer levels in the Missouri Heights area. The White Cloud Ridge Subdivision will be a community water system, and as such, will be required to retain a certified plant operator to operate the system. It will be necessary for this operator to be on site approximately 1 or 2 times each month to check the chlorine supply for the disinfection system that will serve the homeowner's water system. We recommend that monthly well monitoring readings be part of the system operations contract for the subdivision. Most small water plant operation companies provide well monitoring services as part of their contract services. We believe monthly monitoring should be adequate for long-term monitoring of the aquifer. If after 4 or 5 years of monthly monitoring significant changes are not observed, then quarterly monitoring should be adequate for maintenance purposes. We recommend the these monitoring suggestions be included in the home owners covenants. For your files, we have attached copies of the well permits issued by the Colorado Department of Water Resources for the White Cloud Ridge subdivision. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. o KA a4 --c c ati ca/�/q Thomas A. Zancanella P.E. President TAZ/jm w/encl cc: Larry Green Tom Levitt L:\9 5231 \octwaterlevl. wpd Form No. OFFICE OF THE STATE ENGINEER GWS 2' E COLORADO DIVISION OF WATER RESOURCES f r 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 0473 95 - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1470 Ft. from South Section Line 2001 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.269. 4) The combined use of ground water from this well and Levitt Well Nos. 1 & 3 is limited to a water supply for 26 single family dwellings, the irrigation of not more than 1.4 acres of lawns, gardens, and open space, 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. 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 1 & 3 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 1 & 3 shall not exceed 14.9 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9j /0 _to -q, APPROVED JD2 7/k State Engineer Receipt No. 0405880B DATE ISSUED OCT 1 1 1996 EXPIRATION DATE OCT 1 1 1997 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.35.269. 4) The combined use of ground water from this well and Levitt Well Nos. 1 & 2 is limited to a water supply for 26 single family dwellings, the irrigation of not more than 1.4 acres of lawns, gardens, and open space, 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. 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 1 & 2 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 1 & 2 shall not exceed 14.9 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. to APPROVED JD2 04i (() State Engineer Receipt No. 0405880C Form No. OFF:CE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCE spor " 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 $ , (303) 866-3581�,f fi`. APPLICANT THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 047394 - _ - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1470 Ft. from South Section Line 1900 Ft. from West Section Line By DATE ISSUED OCT 1 1 1996 EXPIRATION DATE` OCT 11 1997 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WEU_ v. � ^s Y 1095 WELL PERMfT NUMBER 047393 - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1352 Ft. from South Section Line 1081 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.269. 4) The combined use of ground water from this well single family dwellings, the irrigation of not more watering of domestic animals. All use of this well for augmentation is in effect. and Levitt Well Nos. 2 & 3 is limited to a water supply for 26 than 1.4 acres of lawns, gardens, and open space, and the will be curtailed unless the water allotment contract or a plan 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 2 & 3 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 2 & 3 shall not exceed 14.9 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 1i to (a-`lio APPROVED JD2 State Engineer Receipt No. 0405880A DATE ISSUED By O C t 1 1 1996 EXPIRATION DATE 0 CT 1 1 1997 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 4ND 455ocwrE5 ENGINEERING CONSULT4NTS (970) 945-5700 (970) 945-1253 Fax DEC 0219't • November 27, 1996 Mr. Eric McCafferty Garfield County Planning Dept. 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Levitt (White Cloud Ridge Subdivision) Dear Eric: Enclosed is a copy of our October 30, 1996 letter. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella P.E. President TAZ/jm w/encl L:\95 231 \octwaterlevlfollowup.wpd P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 4140 4S5OC14TE5 ENGINEERING CONSULT4NTS October 30, 1996 Eric McCafferty Garfield County Planning Dept. 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Levitt (White Cloud Ridge Subdivision) Dear Eric: (970) 945-5700 (970) 945-1253 Fax At your request, we have measured the water level in the Levitt Trust Well No.2 on October 1, 1996. Static water level was 259.08 feet, which is approximately 4 feet lower from when the original test was performed on March 19, 1996. We believe this change in water level is part of the normal seasonal variation in aquifer levels in the Missouri Heights area. The White Cloud Ridge Subdivision will be a community water system, and as such, will be required to retain a certified plant operator to operate the system. It will be necessary for this operator to be on site approximately 1 or 2 times each month to check the chlorine supply for the disinfection system that will serve the homeowner's water system. We recommend that monthly well monitoring readings be part of the system operations contract for the subdivision. Most small water plant operation companies provide well monitoring services as part of their contract services. We believe monthly monitoring should be adequate for long-term monitoring of the aquifer. If after 4 or 5 years of monthly monitoring significant changes are not observed, then quarterly monitoring should be adequate for maintenance purposes. We recommend the these monitoring suggestions be included in the home owners covenants. For your files, we have attached copies of the well permits issued by the Colorado Department of Water Resources for the White Cloud Ridge subdivision. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. e cai A -tc Thomas A. Zancanella P.E. President TAZ/jm w/encl cc: Larry Green Tom Levitt L:\95231 \octwaterlevl.wpd ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.269. 4) The combined use of ground water from this well and Levitt Well Nos. 1 & 3 is limited to a water supply for 26 single family dwellings, the irrigation of not more than 1.4 acres of lawns, gardens, and open space, 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. 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 1 & 3 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 1 & 3 shall not exceed 14.9 acre-feet. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 91 /G _,v _q� APPROVED JD2 State Engineer Receipt No. 0405880B DATE ISSUED 0 C T 1 1 1996 EXPIRATION DATE OCT 11 1997 Form No.' OFFICE OF THE STATE ENGINEER GWS 25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 0 473 95 - _f _ DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1470 Ft. from South Section Line 2001 Ft. from West Section Line Form No. OFFICE OF THE STATE ENGINEER GWS -2- COLORADO DIVISION OF WATER RESOURCE 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WELL Eplci qpy 1095 WELL PERMIT NUMBER 04'7394 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1470 Ft. from South Section Line 1900 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1lONS 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.269. 4) The combined use of ground water from this well and Levitt Well Nos. 1 & 2 is limited to a water supply for 26 single family dwellings, the irrigation of not more than 1.4 acres of lawns, gardens, and open space, 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. 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 1 & 2 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 1 & 2 shall not exceed 14.9 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit rounnber(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. APPROVED JD2 7ild State Engineer Receipt No. 04058800 (Y— DATE: ISSUED OCT 1 1 1995 EXPIRATION DATE 0 C T 1 1 1997 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be lin 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 Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt 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 Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #3.3.5.269. 4) The combined use of ground water from this well and Levitt Well Nos. 2 & 3 is limited to a water supply for 26 single family dwellings, the irrigation of not more than 1.4 acres of lawns, gardens, and open space, 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. 5) The simultaneous maximum pumping rate of this well and Levitt Well Nos. 2 & 3 shall not exceed 50 GPM. 6) The combined average annual amount of ground water to be appropriated by this well and Levitt Well Nos. 2 & 3 shall not exceed 14.9 acre-feet. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well must be constructed not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well owned by others. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. j /o _q(c, APPROVED JD2 State Engineer Receipt No. 0405880A Form No GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 THOMAS LEVITT BOX 414740 KANSAS CITY MO 64141- (816) 474-2244 PERMIT TO CONSTRUCT A WELL_ 1095 WELL PERMIT NUMBER 047393 - DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 1/4 Section 28 Twp 7 S RANGE 87 W 6th P.M. DISTANCES FROM SECTION LINES 1352 Ft. from South Section Line 1081 Ft. from West Section Line DATE ISSUED O C t 1 1 1996 EXPIRATION DATE 0 CT 1 1 1997 NOV' P, 1996 STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 November 12, 1996 Thomas Levitt Levitt Subdivision P.O. Box 414740 Kansas City, Missouri 64141 RE: Potable Water Facilities PWSID 123468, Garfield County Dear Mr. Levitt: Colorado Department of Public Health and Environment The Division has reviewed the plans and specifications for the potable water system improvements to serve the Levitt Subdivision and no variances from the State Design Criteria were found. The plans are approved with the following conditions: 1. All change orders and addendums must be submitted to this office for review and approval. 2. Upon completion of construction, your consulting engineer must submit a letter to the Division stating that the plant was built in accordance with the approved plans. The Division will schedule a site inspection after the receipt cf the letter. 3. The system will be listed as "inactive" in our data base until the population exceeds 25 persons and/or taps exceed 15. At that time, as a ground water system, it must be operated under the supervision of a "D" level (minimum) licensed water operator. 4. The storage tank vent and the end of the overflow pipe must have a 24 - mesh screen to eliminate the entrance of insects. 5. Only well #2 is approved for use. Confirmation samples will be required for toluene and chloroform before well #1 can be approved. Approval of this project is based only on engineering design to provide safe potable water, as required by the Colorado Primary Drinking Water Regulations. If you have any questions please call me at (303) 692-3545. Sincerely, d Greg Akins Drinking Water Program Water Quality Control Division cc: File Sec. 2 / Erica Kannely Dwain Watson, CDPHE-Field Support County Health Dept. Tom Zancanella, Zancanella and Associates Roger Neal, High Country Engineering, Inc. STATE OF COLOFADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 November 12, 1996 Thomas Levitt Levitt Subdivision P.O. Box 414740 Kansas City, Missouri 64141 RE: Potable Water Facilities PWSID 123468, Garfield County Dear Mr. Levitt: Colorado Department of Public Health and Environment The Division has reviewed the plans and specifications for the potable water system improvements to serve the Levitt Subdivision and no variances from the State Design Criteria were found. The plans are approved with the following conditions: 1. All change orders and addendums must be submitted to this office for review and approval. 2. Upon completion of construction, your consulting engineer must submit a letter to the Division stating that the plant was built in accordance with the approved plans. The Division will schedule a site inspection after the receipt of the letter. 3. The system will be listed as "inactive" in our data base until the population exceeds 25 persons and/or taps exceed 15. At that time, as a ground water system, it must be operated under the supervision of a "D" level (minimum) licensed water operator. 4. The storage tank vent and the end of the overflow pipe must have a 24 - mesh screen to eliminate the entrance of insects. 5. Only well #2 is approved for use. Confirmation samples will be required for toluene and chloroform before well #1 can be approved. Approval of this project is based only on engineering design to provide safe potable water, as required by the Colorado Primary Drinking Water Regulations. If you have any questions please call me at (303) 692-3545. Sincerely, Greg Akins Drinking Water Program Water Quality Control Division cc: File Sec. 2 / Erica Kannely Dwain Watson, CDPHE-Field Support County Health Dept. Tom Zancanella, Zancanella and Associates Roger Neal, High Country Engineering, Inc. SUBDIVISION IMPROVEMENTS AGREEMENT WHITECLOUD RIDGE SUBDIVISION THIS AGREEMENT is made and entered into this day of , 1996, by and between THOMAS W. LEVITT and MOLLY G. LEVITT, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the Whitecloud Ridge Subdivision (formerly kown as the Levitt Subdivision) was obtained under the terms and conditions set forth in letter dated July 9, 1996; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Whitecloud Ridge Subdivision (hereinafter "Final Plat"); and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Whitecloud Ridge Subdivision which are required to be constructed by this Agreement, the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shall be completed on or before the . Additionally, the Owner shall comply with the following: A. all plat documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; B. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and C. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. D. the improvements to be constructed by the Owner shall include, but are not limited to the following: (1) water supply and distribution system for the Whitecloud Ridge Subdivision in accordance with plans and specifications submitted to the Colorado Department of Health by transmittal dated September 5, 1996. (2) internal roads, pedestrian ways, drainage features and utility structures, in accordance with the plans and specifications therefor contained in the Final Plat. (3) Improvement of Harmony Lane from Wind River Road to County Road 102 to Secondary Access Standards, including a chip and seal surface. (4) Revegetation in accordance with plans contained in the Final Plat documents. The County agrees that if all improvements are installed in accordance with this agreement, Final Plat documents, and the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. On or before the date of the recording of the Final Plat 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 $ which is the estimated cost of completion of the subdivision improvements related to Whitecloud Ridge Subdivision as set forth and certified by a licensed engineer on Exhibit A attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5- 106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein, provided, however, Draft 09/13/96 LG\Levitt\SIA.256 Subdivision Improvements Agreement Page 2 that an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof.. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. 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 release of 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 plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified 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 such 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 potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a Subdivision Improvements Agreement Draft 09/13/96 Page 3 LG\Levitt\SIA.256 reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. WATER SYSTEM. All easements and facility sites necessary for the water delivery system within Whitecloud Ridge Subdivision shall be indicated upon the Final Plat as dedicated to the Homeowners Association at Whitecloud Ridge. Upon completion of the water delivery system the Owner shall transfer to the Homeowner's Association all easements and facilities of the water system, whether within or without the Final Plat, and all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to the dwelling units approved in the Final Plat. /\i. � `�� G��"�� s t �,�� if � r�� - I - kIvfi'i 5. ROADS. Perpetual sements for all roads within the Final Plat shall be �� dedicated to the Homeowner's Association adta rights-of-way. The Homeowner's Association shall be solely responsible for the maintenance, repair and upkeep of all such roads. The County shall not be obligated to maintain any roads within the subdivision. 6. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims 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 imposed by the County are improper or the 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 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 the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. SCHOOL IMPACT FEES. The parties recognize and agree that the approval of the Final Plat constitutes approval of 13 single family lots for a total of 13 dwelling units. The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claim that it is not so obligated or required to pay school impact fees. The Owner agrees that Subdivision Improvements Agreement Draft 09/13/96 Page 4 LG\Levitt\SIA.256 subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. 9. SALE OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat. 10. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement, the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the p es agree that no certificate of occupancy shall be issued for any building or structure within the bdivision until all subdivision improvements have been completed and are operational, ag require y this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto, notifying the owner f the foregoing restrictio} upon issuance of building permits and certificates of occupancy. `i✓h'c( ( " 11. 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. 12. 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 approval, 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 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. 13. 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. 14. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 15. 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. Subdivision Improvements Agreement Draft 09/13/96 Page 5 LG\Levitt\SIA.256 16. AMENDMENT. The parties hereto mutually agree that this agreement may be amended from time to time, provided such amendment in writing and signed by the parties hereto. 17. 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 Thomas W. Levitt Molly G. Levitt P.O. Box 414740 Kansas City, MO 64141 with copy to: Lawrence R. Green Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 ENTERED INTO the day and year first above written. ATTEST: Clerk to the Board Draft 09/13/96 LG\Levitt\SIA.256 THOMAS W. LEVITT MOLLY G. LEVITT BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman Subdivision Improvements Agreement Page 6 WHITECLOUD RIDGE DOMESTIC WATER SYSTEM OPERATING AGREEMENT THIS AGREEMENT is made this day of , 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT (hereinafter "Developer"); the WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation (hereinafter the "Association") and THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter the "Trust"). RECITALS 1. Developer is the owner of the real property which is described on Exhibit A attached hereto and incorporated herein by this reference and which is being developed by Developer as a subdivision in Garfield County, Colorado, known as Whitecloud Ridge Subdivision (hereinafter "Whitecloud Ridge"). 2. The Association is the homeowners association which the Developer has or will cause to be organized in accordance with Colorado law to be and constitute the homeowners association to which reference is made in the Declaration of Protective Covenants for Whitecloud Ridge Subdivision (hereinafter "Declaration"). All owners of lots within Whitecloud Ridge will automatically become members of the Association as provided in the Declaration. 3. The Trust is the owner of the real property described on Exhibit B attached hereto and incorporated herein by this reference (hereinafter "Trust Property"). The Trust Property is contiguous to Whitecloud Ridge. 4. Developer has acquired certain water and water rights, wells and well permits, and a water allotment contract with the Basalt Water Conservancy District (hereinafter collectively the "Water Rights") which are described in paragraph 1 of this Agreement and which are sufficient to provide the physical and legal supply of water for up to fifteen (15) single family dwellings within Whitecloud Ridge and to potential development of up to eight (8) single family dwellings on the Trust Property or other allowed property as provided herein together with the physical and legal supply of water for limited outside irrigation and livestock watering. 5. Developer desires to construct a water storage tank and water transmission lines which, by appropriate use of the Water Rights, can serve as the domestic water delivery system to Whitecloud Ridge. By appropriately sizing the water storage tank and certain of the transmission lines, potential future development on the Trust Property or other allowed property as provided herein may also make use of said water delivery system. 6. The wells are located upon the Trust Property and the most appropriate location for the water storage tank is upon the Trust Property. 7. The parties have reached agreement with respect to the location, construction, ownership, use and maintenance of the Water Rights and the water delivery system and wish to set forth their agreement herein. NOW, THEREFORE, in consideration of the foregoing facts and the mutual promises and covenants contained herein, the parties agree as follows: 1. Description of Water Rights. Developer is the owner of the following wells: a. Levitt Well No. 2, having well permit no. 047395-F, issued by the office of the State Engineer, Colorado Division of Water Resources on October 11, 1996; and b. Levitt Well No. 3, having permit no. 047394-F, issued by the office of the State Engineer, Colorado Division of Water Resources, on October 11, 1996. Developer is also the applicant and contract allottee under Basalt Water Conservancy District contract No. 269 awarded to the Developer by order approved and entered by the Board of Directors of the Basalt Water Conservancy District on April 8, 1996. 2. Construction of Water System. Developer shall, at his expense, construct the water storage tank, water transmission lines, wells and associated pumping facilities (hereinafter collectively the "Water System"), in accordance with the plans and specifications submitted to and approved by Garfield County and the Colorado Department of Public Health and Environment and in accordance with the terms and conditions of a Subdivision Improvements Agreement to be executed by and between the Developer and Garfield County (hereinafter the "SIA"). Developer agrees that the Water System shall be constructed of sufficient size to provide domestic water service to Whitecloud Ridge as approved by Garfield County and to up to eight (8) single family dwellings that may be developed on the Trust Property or other allowed property as provided herein. 3. Transfer of Water System. a. Water Rights. No later than thirty (30) days after Developer's completion of the Water System in accordance with the SIA, Developer shall transfer, convey and assign to the Association, by appropriate documents of conveyance, an undivided 15/23rds interest in and to the Water Rights, provided that with respect to the existing Basalt Water Conservancy District contract, Developer shall either assign an undivided 15/23rds interest therein to the Association, or, at the election of Developer, bifurcate the existing contract with the Basalt Water Conservancy District into two new contracts, with one being in the name of the Association in an amount of water equal to 15/23rds of the amount of water in the existing contract. All costs associated with bifurcating said contract and obtaining a new contract in the name of the Association shall be the responsibility of Developer. Developer shall thereafter, at a time to be mutually determined by Developer and the Trust, but in any event prior to the approval of any development on the Trust Property, transfer, convey and assign to the Trust, by appropriate documents of conveyance, an undivided 8/23rds interest in and to the Water Rights, provided that with respect to the existing Basalt Water Conservancy District contract, Developer shall either assign an undivided 8/23rds interest therein to the Trust, or, if the contract has been bifurcated, obtain a separate Whitecloud Ridge Domestic Water Svstan Operating Agreement Page 2 contract in the name of the Trust in an amount of water equal to 8/23rds of the amount of water in the existing contract. Notwithstanding anything in this Agreement to the contrary, the interest in the Water Rights to be transferred to the Association pursuant to this subparagraph shall include all rights thereunder to livestock watering and all rights thereunder to outside irrigation except for the right to irrigate up to 12,000 square feet of lawns and gardens, which shall be included within the interest in the Water Rights to be conveyed to the Trust under this subparagraph. b. Easements for Facilities. The wells are located upon the Trust Property at the locations set forth on Exhibit C which is attached hereto and incorporated herein by this reference. The water storage tank will be located on the Trust Property at the location described on Exhibit C. Water transmission lines will be installed from the wells to the water storage tank and then from the water storage tank to Whitecloud Ridge along the courses described on Exhibit C. By its execution hereof, the Trust hereby authorizes Developer to construct the elements of the Water System upon the locations described on Exhibit C. Additionally, no later than thirty (30) days after completion of the Water System as required by the SIA, the Trust shall execute its deed of easement conveying to the Association perpetual, non- exclusive easements for the purpose of constructing, installing, maintaining, repairing, replacing and improving the wells, water storage tank and water transmission lines at the locations described on Exhibit C, reserving, however, to the Trust and its successors and assigns the right to make connection to said lines and facilities as provided with this Agreement. Said deed of easement shall also include a perpetual, nonexclusive right of access to such wells, water storage tank and water transmission lines for purposes of operation, maintenance, repair, replacement and improvement of such facilities. Said access shall be along the route described on Exhibit C. c. Water Transmission Lines, Water Tank, etc. Simultaneously with delivery of the deed of easement required by paragraph 3(b) hereof, Developer shall execute and deliver a bill of sale conveying to the Association an undivided 15/23rds interest in and to all physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. At a time mutually determined by Developer and the Trust, but in any event prior to the approval of any development on the Trust Property, Developer shall execute and deliver a bill of sale conveying to the Trust an undivided 8/23rds interest in and to all of the physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. 4. Operation of Water System. From and after the date of the transfer to the Association of all aspects of the Water System and the Water Rights as provided in paragraph 3 hereof, the Association shall be responsible for the operation, maintenance in good condition, repair, replacement and improvement of the Water System, the establishment and collection of rates and charges from users of the Water System, the adoption, amendment and enforcement of Water System Rules and Regulations, and the maintenance and preservation of the Water Rights (collectively the "Administration of the Water System"), provided that the Association's Administration of the Water System shall not include the responsibility to maintain or pay any charges associated with any Basalt Water Conservancy District contract which is not from time to time owned by or issued in the name of the Association. The Association shall diligently perform the Administration of the Water System as the domestic water system for all users of the Water System in order that all users of the Water System have adequate and functional water service and in accordance with the water rights owned by the Association, the applicable Basalt Water Conservancy District contract or contracts, the Declaration, the provisions of this Agreement, and Whitecloud Ridge Domestic Water System Operating Agreement Page 3 all applicable laws and regulations of the State of Colorado and its agencies. The Association shall have the authority to adopt, amend and enforce Water System Rules and Regulations which may include any provisions not in conflict with the laws of the State of Colorado which are reasonable and necessary to enable the Association to efficiently and cost effectively perform the Administration of the Water System. Without limiting the generality of the foregoing, it is specifically understood and agreed that the Water System Rules and Regulations may (i) establish rates and other charges; (ii) establish Water System material and construction standards and specifications; (iii) require water meters; (iv) require water conservation measures for water delivered from the Water System; (v) authorize the Association, when necessary during times of water shortage, to limit use of water delivered from the Water System for in house use and limit or completely stop use of water delivered from the Water System for outside irrigation and/or livestock watering purposes, provided that such limitations shall be on a uniform basis for all users of the Water System; and (vi) establish procedures for the cessation of water service upon the failure by a user of the Water System to pay amounts due or otherwise comply with the Water System Rules and Regulations and for the restoration of service upon subsequent payment and compliance. The rates and charges to be established by the Association may include service and other fees for the use and availability of the Water System, provided that such rates and charges shall be established so as to allow the Association to collect from the users of the Water System all actual and anticipated costs incurred by it in performing the Administration of the Water System. Rates may also include contributions for the establishment and maintenance of a reserve fund for capital improvements, replacements or repairs to the Water System. Under no circumstances shall the rate structure be established so as to allow the Association to derive a profit from the Administration of the Water System. Furthermore, the rate structure shall not discriminate among users of the Water System or fix different rates among users of the Water System unless such differences are directly related to different or increased costs incurred by the Association in providing service to any such user. Upon the proper assessment thereof, and until paid, all fees and charges for. water service shall constitute a lien upon and against the property receiving service as specifically provided in the Declaration or any subsequently recorded declaration of protective covenants or similar instrument concerning all or any part of the Trust Property or any other property which utilizes the Water System as herein allowed. 5. Ownership and Use Rights of the Trust. Upon completion of the transfer of the Water System and the Water Rights to the Association and the Trust to be made pursuant to paragraph 3 of this Agreement, the Association and the Trust will own the Water System and the Water Rights as tenants in common, with the Association owning an undivided 15/23rds interest and the Trust owning an undivided 8/23rds interest. Each 1/23rd interest in the Water System and the Water Rights owned by the Trust shall be referred to herein as a "Tap", provided that the Trust may replace water rights under any Basalt Water Conservancy District contract with equivalent water rights. Each such Tap shall consist of the right to connect to the Water System and receive domestic water service for one (1) single family dwelling, including the irrigation of no more than 1500 square feet of lawn and garden, subject to all the terms and conditions of this Agreement. Any development which occurs on the Trust Property or other allowed property as provided herein shall have the right to acquire and activate the Taps owned by the Trust subject to the following provisions: a. Ownership of Eight Taps. The parties agree that the Water System will be designed and constructed so as to have the ability to service the eight (8) Taps owned by the Trust and that such Taps may be used by any development on the Trust Property or other allowed property as provided herein. Whitecioud Ridge Domestic Water System Operating Agreement Page 4 The Association, on behalf of itself and its constituent members, hereby agrees that it shall provide service for such eight (8) Taps subject to the terms and conditions of this Agreement and further agrees that it will not object to any development proposal for the Trust Property containing no more than eight (8) single family dwellings. b. Conveyance of Taps. In connection with the approval from time to time by Garfield County of any development on the Trust Property or any other allowed property as provided herein which will utilize the Water System, the Trust may transfer, convey and assign, by appropriate documents of conveyance to or for the benefit of such dwellings, lots, or development, one Tap for each dwelling which will receive service from the Water System. Such Taps may be retained by the Trust or transferred either to a homeowners association whose members will consist of the owners of lots which will utilize the Taps or directly to the individual lot owner(s). Provided that the owner of such Tap can demonstrate to the reasonable satisfaction of the Association that such owner has adequate legal water rights to support such Tap or has furnished the Association with such rights, the Trust or any transferee of a Tap shall have the right to connect to the Water System and receive service therefrom (hereinafter the "Activation of a Tap"). Effective upon the Activation of a Tap, the owner of the Tap shall be deemed a "user of the Water System" hereunder and shall receive water therefrom as provided in this Agreement. For as long as any transferee of a Tap owns such Tap, such transferee shall be deemed to be a successor to the Trust under this Agreement, with all the rights of, and subject to all the conditions applicable to, a party to this Agreement. c. ResponsibilityforExtension of the System. Any extension of water delivery lines and any additional pumps, meters and other equipment to provide water service from the Water System to dwellings on or lots created from the Trust Property or any other allowed property as provided herein shall be installed at the expense of the developer of such dwellings or lots and shall thereupon be considered part of the Water System. Upon completion of such construction, said facilities shall be transferred to the Association by an appropriate instrument of conveyance and free and clear of any lien or encumbrance. d. Other Allowed Property. From time to time the Trust may utilize or transfer one or more of its Taps to or for the benefit of any dwelling, lot or development on property other than the Trust Property which is located in the Fast one-half of the Southwest one-quarter of Section 28, Township 7 South, Range 87 West of the 6th Principal Meridian in Garfield County, Colorado, provided that any such transfer shall be made by written instrument which shall be recorded in the records of Garfield County and which shall be executed by the transferee accepting the transfer and acknowledging that such transferee and the legally described tract of land which will be provided service pursuant to such Tap will be subject to all the terms and provisions of this Agreement. Such instrument must be in form reasonably satisfactory to the Association., and a copy of the recorded instrument shall be provided to the Association. e. Financial Responsibility and Ownership Before and After Tap Activation. Until the Activation of a Tap by the Trust or any transferee of one of the Trust's Taps, neither the Trust nor any such transferee shall have any responsibility for the Administration of the Water System (and upon such Activation of a Tap, neither the Trust nor any such transferee shall be charged for or in connection with any then unactivated Tap), except that the Trust or any other owner of a Tap shall be responsible for payment for its respective assigned shares or bifurcated portions of the applicable Basalt Water Conservancy District contract. (Notwithstanding the foregoing, the failure to pay, loss or lapse of all or Whitecloud Ridge Domestic Water System Operating Agreement Page 5 any part of a bifurcated Basalt Water Conservancy District contract issued to the Trust or any transferee of any of the Trust's Taps shall not constitute a default hereunder, but the Association may require that as a condition to initial or continuing service from the Water System, the owner of a Tap demonstrate to the reasonable satisfaction of the Association that such owner has adequate legal water rights to support such Tap or has furnished the Association with such rights.) Upon the permitted transfer of a Tap by the Trust or a transferee of a Tap belonging to the Trust hereunder, the transferor shall be released from any responsibility whatsoever for any costs or charges as a user of the Water System accruing in connection with such Tap after the date of transfer. Notwithstanding anything to the contrary contained herein, from and after the Activation of a Tap, such Tap (and the corresponding rights and obligations hereunder) shall be appurtenant to the fee simple title to the tract of land (or any portion thereof designated by the owner of the Tap at the time of Activation of the Tap) upon which is situated the dwelling receiving water service pursuant to such Tap. The owner of the fee simple title to such land shall automatically be the owner of such appurtenant Tap, and such Tap shall automatically pass with fee simple title to such land. 6. Insurance; Indemnification; Waiver of Subrogation. The Association shall fully indemnify, defend and hold the Trust, its Trustees, beneficiaries, agents and employees, harmless from all losses, costs, expenses and liabilities and every demand or claim or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the ownership, use or non-use of the Water System or any act or omission in connection with the Administration of the Water System. The Association shall at all times maintain comprehensive general liability insurance with a responsible insurance company reasonably satisfactory to the Trust, properly protecting and indemnifying the Trust with combined single limit coverage in an amount reasonably satisfactory to the Trust, but not less than $1,000,000.00 per occurrence, covering all risks associated with the ownership and use of the Water System and the Administration of the Water System. The Trust shall be named as an additional insured on such policy, and the Association shall furnish the Trust with a certificate or certificates of such insurance, so naming the Trust and providing that such insurance cannot be terminated or amended to reduce the scope or amount of coverage except with ten (10) days prior written notice to the Trust. The Association hereby releases the Trust from any and all liability or responsibility to the Association or anyone claiming through or under the Association by way of subrogation or otherwise for any loss or damage to property which is or could be covered by "all-risk" or other property damage insurance, even if such loss or damage is caused by the fault or negligence of the Trust or anyone for whom the Trust may be responsible. The Association covenants that any insurance it obtains respecting the Water System or the Administration of the Water System shall contain an appropriate provision whereby the insurance company or companies consents to the release of liability and waiver of subrogation contained in this paragraph. 7. Relinquishment of Rights to Water System. If either the Association, the Trust or any other user of the Water System should ever desire to relinquish its rights in and to the Water System, it may do so by ceasing all use of the Water System and by conveying its interest in the Water System, the Water Rights and this Agreement to the Association or pro rata to the other users of the Water System for Whitecloud Ridge Domestic Water System Operating Agreement Page 6 nominal consideration. Upon the execution and delivery of appropriate documents of conveyance, the relinquishing party shall lose all of its interest and rights in and to the Water System and this Agreement, shall no longer be considered to be a party to this Agreement, and shall also be absolved of any further responsibility with respect to the Administration of the Water System, except for previously accruing obligations. In the event that alternative municipal water service becomes available to the users of the Water System, ownership, operation and control, or management of the Water System may be turned over to the provider of such alternative municipal water service upon such terms and conditions as may be unanimously approved by the Association and the owners of the Taps belonging to the Trust hereunder. 8. Default, Remedies. a. Events of Default. The following shall be deemed to be an event of default by a party ("Event of Default"): If any party shall fail in the performance of or compliance with any of the covenants, agreements, terms or conditions contained in this Agreement and such failure shall continue for a period of thirty (30) days after written notice thereof from a nondefaulting party to the party failing to perform or comply, specifying in detail the nature of such default, or, in the case of a nonmonetary default which cannot with due diligence be cured within such thirty (30) day period, if said party fails to proceed promptly and with all due diligence to cure the same and thereafter to prosecute the curing of such failure with all due diligence (it being intended that in connection with a failure not susceptible of being cured with due diligence within thirty (30) days. that the time within which to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days); b. Remedies. Upon the occurrence of an Event of Default by any party hereunder which is not cured within the time period permitted, a non -defaulting party shall be entitled to: i. Specific performance of the defaulting party's obligations hereunder and injunctive relief, as applicable, under the laws of the State of Colorado. ii. Demand payment of all amounts due the non -defaulting party under the terms of this Agreement, and demand the payment of all costs, damages, expenses and reasonable attorneys' fees of the non -defaulting party due to said default; iii. Remedy any Event of Default, and in connection with such remedy, the non -defaulting party may pay all expenses and employ counsel, and all sums so expended or obligations incurred by said party in connection therewith shall be paid by the defaulting party to the nondefaulting party upon demand, and on failure of such reimbursement, the nondefaulting party may, at its option, deduct all costs and expenses incurred in connection with remedying an Event of Default from the next sums subsequently becoming due to said defaulting party under the terms of this Agreement; and iv. No remedy herein conferred upon or reserved to a party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be Whitecloud Ridge Domestic Water System Operating Agreement Page 7 cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any breach by any party shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. c. Attorneys Fees. The parties agree that if any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees from the nonprevailing party, which fees may be set by the Court in the trial of such action and may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. 9. Miscellaneous. a. Successors and Assigns. This Agreement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as the Trust and transferees of Taps are permitted to assign their interest in and to this Agreement as provided in paragraph 5 hereof, this Agreement and the rights and obligations set forth herein may not be assigned by any party without the prior written consent of the other then parties hereto. At such time as Developer has properly completed its obligations under paragraph 2 hereof and, pursuant to paragraph 3 hereof, has properly transferred the Water System and the Water Rights to the Association and the Trust, respectively, then Developer's obligations hereunder shall be deemed to have been fully performed and Developer shall be released from, and no longer considered to be a party to, this Agreement. b. Severability; Partial Invalidity. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provisions shall not be affected thereby. c. Heading and Terms. The captions and headings herein are for convenience of reference only and shall not be used to construe the agreement of the parties as set forth herein. Words of any gender used herein shall be construed to include any other gender, and words in the singular shall be held to include the plural, unless the context requires otherwise. d. No Waiver. No delay of or forbearance by any party hereto in exercising any right or remedy hereunder and no performance of any act or matter which is not expressly required to be undertaken by such party shall be construed, respectively, to be a waiver of such party's rights or to represent any agreement by such party to undertake or perform such act or matter thereafter. e. Entire Agreement and Amendment. This Agreement contains the entire agreement of the parties relating to the subject matter hereof. No amendment or supplement hereto shall be binding unless by agreement in writing signed by all the then parties hereto. Whitecloud Ridge Domestic Water System Operating Agreement Page 8 f. Notices. All notices or other communications (collectively, "notices") required or provided for under this Agreement shall be in writing and shall be served by hand delivery, by prepaid United States certified mail, return receipt requested, or by reputable overnight delivery service guaranteeing next -day delivery and providing a receipt. All notices shall be addressed to the parties at the respective addresses as set forth below, except that any party may, by notice in manner provided above, change this address for all subsequent notices. Notices shall be deemed served and received upon the earlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or upon delivery (in all other cases). A party's failure or refusal to accept service of a notice shall constitute delivery of the notice. If to Developer: If to the Association: If to the Trust: g. Thomas W. Levitt Molly G. Levitt P.O. Box 414740 Kansas City, MO 64141 Whitecloud Ridge Homeowners Association c/o Lawrence R. Green, Esq. Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81601 The 1993 Thomas W. Levitt Family Trust P.O. Box 414740 Kansas City, MO 64141 Governing Law. This Agreement shall be govemed by and construed in accordance with Colorado Law. Venue for any legal action arising out of this Agreement shall lie solely in Garfield County, Colorado. above. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written DEVELOPER: THOMAS W. LEVITT MOLLY G. LEVITT Whitecloud Ridge Domestic Water System Operating Agreement Page 9 ASSOCIATION: WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit Corporation By Thomas W. Levitt, President TRUST: THE 1993 THOMAS W. LEVITT FAMILY TRUST, under agreement dated January 20, 1993 STATE OF ) ss. COUNTY OF By Thomas W. Levitt, Trustee By John C. Davis, Trustee The foregoing instrument was acknowledged before me this Thomas W. Levitt and Molly G. Levitt. WITNESS my hand and official seal. My commission expires: Address: day of , 1997, by NOTARY PUBLIC Whitecloud Ridge Domestic Water System Operating Agreement Page 10 STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by Thomas W. Levitt, President of Whitecloud Ridge Homeowners Association, a Colorado non-profit Corporation. WITNESS my hand and official seal. My commission expires: Address: STATE OF ) ss. COUNTY OF NOTARY PUBLIC The foregoing instrument was acknowledged before me this day of , 1997, by Thomas W. Levitt and John C. Davis, Trustees of The 1993 Thomas W. Levitt Family Trust, under agreement dated January 20, 1993. WITNESS my hand and official seal. My commission expires: Address: lg\levittlwateragr.169\June 24, 1997 NOTARY PUBLIC Whitecloud Ridge Domestic Water System Operating Agreement Page 11 ffiIBIT A A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 89'55'39" W ALONG THE SOUTHERLY LINE OF SAID SECTION 29 1324.02 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SECTION 32; THENCE N 03'37'21" E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 OF SAID SECTION 29 1376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29; THENCE N 89'27'43" E ALONG THE NORTHERLY LINE OF SAID SE1/4SE1/4 1355.71 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 28 AND SECTION 29; THENCE N 04'53'43" E ALONG THE WESTERLY LINE OF SAID SECTION 28 14.53 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE: 1. S 89'50'52" E 489.38 FEET 2. N 88'49'00" E 162.00 FEET 3. S 89'21'00" E 230.00 FEET 4. N 89'48'00" E 174.98 FEET 5. S 89'00'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77'47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS S 42'41'34" W 150.70 FEET); THENCE S 81'35'20" W 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52'15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS S 55'27'23" w 193.80 FEET); THENCE S 29'19'26" W 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17'47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS S 38'13'21" W 86.62 FEET); THENCE S 36'43'42" E 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05'08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS S 34'09'16" E 35.93 FEET); THENCE S 31'34'50" E 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS S 65'48'11" E 191.22 FEET); THENCE N .79'58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17'43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71'06'37" E 154.09 FEET); THENCE N 62'14'46" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF SW1/4SW1/4 OF SECTION 28; THENCE S 03'23'54" W ALONG SAID EASTERLY LINE 801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33; THENCE S 89'40'17" W ALONG THE SOUTHERLY LINE OF SAID SECTION 28 1371.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451 ACRES, MORE OR LESS. ��``��pO"RhEG�ST O3......• 44: ;F ; ARR/ . 19598 • �` :"I►1c: 7 •: f� EXHIBIT B PROPERTY DESCRIPTION THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN) A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 63°50'49" E 1573.54 FEET TO A POINT ON THE EASTERLY LINE OF THE SW1/4SW1/4 OF SAID SECTION 28, THE TRUE POINT OF BEGINNING; THENCE N 03°23'54" E ALONG SAID EASTERLY LINE 114.62 FEET; THENCE LEAVING SAID EASTERLY LINE S 62°14'46" W 15.12 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17°43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS S 71°06'37" W 154.09 FEET); THENCE S 79°58'28" W 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68°26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS N 65°48'11" W 191.22 FEET); THENCE N 31°34'50" W 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05°08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS N 34°09'16" W 35.93 FEET); THENCE N 36°43'42" W 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17°47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS N 38° 13'21 " E 86.62 FEET); THENCE N 29°19'26" E 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52°15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55°27'23" E 193.80 FEET); THENCE N 81°35'20" E 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77°47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42°41'34" E 150.70 FEET) TO A POINT ON THE EASTERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 28; THENCE N 03°23'54" E ALONG SAID EASTERLY LINE 105.57 FEET; THENCE LEAVING SAID EASTERLY LINE S 89°45'54" E 603.84 FEET; THENCE N 69°11'09" E 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE: 1. S 00°34'25" W 226.26 FEET 2. S 02°28'40" E 91.04 FEET 3. S 06°19'45" E 119.31 FEET 4. N 89°44'08" W 5.95 FEET PAGE NO. 2 THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN) 5. S 01°14'48" E 280.88 FEET 6. S 02°01'27" W 115.18 FEET 7. S 00°39'06" W 148.53 FEET 8. S 01°44'55" E 133.99 FEET 9. S 04°29'01" E 106.53 FEET 10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1475.00 FEET AND A CENTRAL ANGLE OF 03°53'15" A DISTANCE OF 100.08 FEET (CHORD BEARS S 06°25'38" E 100.06 FEET) 11. S 08°22'15" E 67.98 FEET 12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.84 FEET AND A CENTRAL ANGLE OF 43°01'03", A DISTANCE OF 95.23 FEET (CHORD BEARS S 13°08'18" W 93.01 FEET) 13. S 38°11'47" W 18.82 FEET THENCE LEAVING SAID CENTERLINE S 89°43'12" W 30.74 FEET; THENCE N 01°52'30" E 329.19 FEET; THENCE N 89°58'25" W 110.00 FEET; THENCE N 02°06'23" E 49.20 FEET; THENCE S 89°56'49" W 1353.02 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 36.607 ACRES, MORE OR LESS. COP- _ :g 19598 p•U • (PA• •� JFK EXHIBIT C 30' UTILITY AND ACCESS EASEMENT DESCRIPTION A 30.00' WIDE STRIP OF LAND SITUATED IN THE E1/2SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 61°55'01" E 1605.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE OF 01°15'41", A DISTANCE OF 12.00 FEET (CHORD BEARS N 62°52'37" E 12.00 FEET); THENCE N 62°14'46" E 15.13 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 338.02 FEET AND A CENTRAL ANGLE OF 12°43'20", A DISTANCE OF 75.05 FEET (CHORD BEARS N 55°53'06" E 74.90 FEET); THENCE N 49°31'26" E 224.71 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 385.00 FEET AND A CENTRAL ANGLE OF 37°55'26", A DISTANCE OF 254.83 FEET (CHORD BEARS N 68°29'09" E 250.20 FEET); THENCE N 87°26'52" E 24.64 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00 FEET AND A CENTRAL ANGLE OF 26°48'21", A DISTANCE 133.34 FEET (CHORD BEARS S 79°08'57" E 132.13 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.00 FEET AND A CENTRAL ANGLE OF 00°54'05", A DISTANCE OF 4.17 FEET (CHORD BEARS S 66°11'49" E 4.17 FEET); THENCE N 00°00'00" E 469.68 FEET; THENCE N 79°28'45" E 658.74 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°37'31" W 3086.30 FEET. 95060.05 6/23/97 95\060\WATEREAS.REV 5_71c 19598 '-io %F•. 7 Jam' 40' UTILITY AND ACCESS EASEMENT DESCRIPTION A 40.00' WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SEI/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 60°37'21" E 3307.12 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE S 80°04'44" W 131.91 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°49'54" W 3183.05 FEET. 95060.05 6/23/97 95\060\WATEREAS.REV 100' DIA. UTILITY AND ACCESS EASEMENT DESCRIPTION A 100.00' DIAMETER CIRCLE OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING A 50.00' RADIUS FROM THE FOLLOWING DESCRIBED RADIUS POINT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 59°56'09" E 3133.38 FEET TO SAID RADIUS POINT. 95060.05 95\060\WATEREAS.REV LEVITT WELL #2 A WELL SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 56°28'00" E 2681.24 FEET TO SAID LEVITT TRUST WELL #2. LEVITT WELL #3 A WELL SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 55°56'20" E 2635.24 FEET TO SAID LEVITT TRUST WELL #3. 0111111111111110 ........... :••STF• P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z414C4NELL4 /IND 455O04TES, INC. ENGINEERING CONSULTANTS .f: August 15, 1997 Eric McCafferty Garfield County Planning Dept 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: White Cloud Ridge/Levitt Subdivision Dear Eric: (970) 945-5700 (970) 945-1253 Fax *IG151991 We recently measured the water levels in both the Levitt Trust Well #2 and Well #3. We have plotted these readings along with others that have been taken since the wells were constructed. Copies of the resulting graphs are enclosed. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Mark Hayes Technician cc: Tom Levitt L:'95231 \ctylet.wpd TABLE 1 LEVITT TRUST WELL 2 WATER DATE LEVEL (ft) 08 -Mar -96 260.00 19 -Mar -96 254.92 26 -Mar -96 254.58 01 -Oct -96 259.08 15 -Oct -96 259.38 12 -Aug -97 260.00 TABLE 2 LEVITT TRUST WELL 3 WATER DATE LEVEL (ft) 21 -Sep -96 270.00 01 -Oct -96 258.92 15 -Oct -96 259.46 12 -Aug -97 260.08 wellmon.WK4 0 —50 Ci5 —100 c6 0 —150 —200 0 — 250 — 300 Levitt Trust Well #2 Depth to Water (Measured from Top of Casing) NEWT ♦ • 02 -Mar -96 01 -May -96 01 -Jul -96 30 -Aug -96 29 -Oct -96 28 -Dec -96 26 -Feb -97 28 -Apr -97 27 -Jun -97 26 -Aug -97 01 -Apr -96 01 -Jun -96 31 -Jul -96 29 -Sep -96 28 -Nov -96 27 -Jan -97 29 -Mar -97 28 -May -97 27 -Jul -97 Dates Recorded wellmon.WK4 r • 0 -50 -100 c0 —150 0 _c -200 a) 0 -250 - 300 - 350 Levitt Trust Well #3 Depth to Water (Measured from Top of Casing) 02 -Mar -96 01 -May -96 01 -Jul -96 30 -Aug -96 29 -Oct -96 28 -Dec -96 26 -Feb -97 28 -Apr -97 27 -Jun -97 26 -Aug -97 01 -Apr -96 01 -Jun -96 31 -Jul -96 29 -Sep -96 28 -Nov -96 27 -Jan -97 29 -Mar -97 28 -May -97 27 -Jul -97 Dates Recorded wellmon.WK4 Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale Colorado 81623 970-963-2491 July 14, 1997 Mr. Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Mark, I am enclosing with this letter a copy of Resolution 97-2, which was approved by the Directors of the Fire District on January 15, 1997. This resolution imposes a development impact fee of $339.00 per residential lot, multi -family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $339.00 for each additional 1,900 square feet of size or fraction thereof. The Fire District would appreciate it if you would recommend that impact fees be paid to the Fire District pursuant to this Resolution as a condition of approval, for all subdivisions, subdivision exemptions, lot splits or other forms of approval that create residential or commercial units. I will be happy to work with you to develop a system of monitoring the development applications submitted to you and to provide you with a copy of any agreements that may be reached between the Fire District and subdividers. Please give me a call at your convenience so that we can discuss this more fully. Sincerely, Ron Leach, Chief Carbondale & Rural Fire Protection District